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Indigenisation regulations in force March 1st - Bill Watch 7/2010
March 07, 2010
The House of
Assembly will resume on Tuesday 2nd March, The Senate has adjourned
until Tuesday 9th March
Regulations in Force March 1st
not been repealed or amended, so they will come into operation on
Monday 1st March in the form in which they were originally gazetted
on 29th January. [The Prime Minister’s condemnation of the
regulations as null and void has no legal effect. See Bill
Watch 6/2010 of 22nd February for a summary of the regulations
and a consideration of their validity.] The regulations are due
to be discussed at an extraordinary meeting of the Council of Ministers
on Thursday 4th March, but modifications are unlikely, given the
uncompromising statements by the President at his Saturday birthday
party and by the Minister of Youth Development, Indigenisation and
Empowerment on Friday to the business community in Bulawayo.
Hearings on POSA Amendment
Committee on Defence and Home Affairs has spent the last two weeks
holding public hearings on the Bill around the country, most of
them well attended. The Committee will meet again on 8th March to
draw up its report on the Bill for presentation to the House of
Assembly during the Second Reading debate. Opinion from the public
seems unanimous that the total repeal of POSA
is what is wanted, but meanwhile the amendments are a step in the
right direction. [Available  POSA with all amendments to date;
 POSA annotated to show the effect of the changes proposed by
on Inclusive Government
The 1st Anniversary
of the Inclusive Government was on 13th February. The Joint Monitoring
and Implementation Committee [JOMIC] report is due but not yet available.
There has been a flurry of articles in the press, some listing the
GNU’s successes, some predicting its rapid collapse - meanwhile
there continue to be delays in the negotiations on disputed areas
of governance between the parties.
Disputed Issues: The South African facilitation team had
a four-hour meeting with the negotiators in Harare on Monday 8th
February, met the principals on Tuesday 9th and returned to South
Africa on Wednesday 10th. The negotiators met several times, but
no progress has been announced. [Contrary to press reports there
was no Commitment Plan submitted to the SA facilitation team nor
to SADC.] MDC-T negotiator Tendai Biti said the negotiators could
take matters no further and that it was time for President Zuma
and SADC to step in. President Zuma’s expected visit on 13th
and 14th February did not take place.
for Elections? The Prime Minister has said that if there is deadlock
it should be acknowledged, the issues already resolved should be
implemented, issues still unresolved should be “parked”
for the time being and preparations made for early elections. Party
spokesman Nelson Chamisa said before new elections can be called
MDC-T want certain guarantees in place: “We need to first
deal with the political infrastructure, the election administration
regime and there has to be guaranteed security of persons and the
process itself, so that there is no repeat of the June 2008 fiasco.”
If those conditions were satisfied, he said, an election in 2011
would be acceptable [this was the timing suggested by President
Zuma]. Public pronouncements by ZANU-PF seem to indicate they are
becoming more focused on next elections – and their electioneering
is revolving round the so-called “illegal sanctions”
and “black empowerment” [indigenisation]. Human rights
organisations have expressed concern that ZANU-PF militia camps
have been set up and that there is an increase in incidents of violence
and intimidation which they interpret as the start of pre-election
Renewed by EU: The European Union have renewed restrictive
measures against specified Zimbabwean individuals and companies
for a further year until February 2011; although 9 companies and
6 individuals were dropped from the list. The EU Council cited “the
lack of progress in the implementation of the Global Political Agreement
(GPA)”. President Zuma is reported to have said he will press
for the removal of all measures against Zimbabwe during his state
visit to the United Kingdom next week.
Voting Rights Restored: On 19th February the International
Monetary Fund restored Zimbabwe’s voting and related rights,
suspended since 2003. The move was supported by the US, UK and Germany.
As Zimbabwe is still in arrears in debt repayment, it still cannot
Circular on Vice-Presidential Functions: This controversial
circular [see Bill Watch
5 of 6th February] has been withdrawn by the three GPA principals.
It had been interpreted as a bid to reduce the Prime Minister’s
National Security Council [NSC] to Meet Monthly:
It has been agreed by all parties that from now on the NSC will
meet monthly as required by the NSC Act; meetings will be on the
first Friday of every month – the next meeting should be on
5th March. Whether this will result in the disbandment of the non-statutory
Joint Operations Command, as demanded by MDC-T, remains to be seen.
Nominees Sworn in as Ambassadors: On 17th February the
President swore in five new ambassadors, four nominated by MDC-T
and one by MDC-M. They are Hebson Makuvise [Germany], Hilda Suka-Mafudze
[Sudan], Jacqueline Nomhla Zwambila [Australia], Mabed Khumbulani
[Nigeria] [all from MDC-T] and Trudy Stevenson [Senegal] [MDC-M].
The House of Assembly met on 9th, 10th and 11th February and the
Senate on 9th, 10th and 23rd February.
Speaker’s Statement on Disorder in the House on 3rd February:
On 9th February the Speaker made a statement condemning the “disorderly
encounter” in the House the previous week and the defiance
by two members of the Deputy Speaker’s orders to leave the
Amendment Bill: will be considered by the Parliamentary
Legal Committee [PLC] this coming week. Until the PLC has reported
on its consistency with the Constitution the House cannot proceed
with the Bill. The Portfolio Committee on Defence and Home Affairs
held several public hearings on the Bill. [See Bill Watch Legislative
Reform Series 1/2010 of 16th February for a commentary on the Bill.]
The House approved the agreement of 27th November 2003 between Zimbabwe,
Mozambique, Botswana and South Africa on the Establishment of the
Limpopo Watercourse Commission.
Statement: On 9th February Minister of Local Government,
Rural and Urban Development Ignatius Chombo made a Ministerial Statement
on the State of Local Government, outlining “a disturbing
decline in municipal service delivery and general capital development”.
Bank of Zimbabwe Amendment Bill: On 23rd February the Committee
Stage of the Reserve Bank of Zimbabwe Amendment Bill had to be postponed
when Senators said they had not been given copies of the Bill with
the amendments made by the House of Assembly – so they could
not follow the further amendments tabled by ZANU-PF’s Senator
Mutsvangwa. The Senate resumes on 9th March. [Amended Bill available
Committee Report: The Thematic Committee on Peace and Security
presented its report on the role of the Ministry of Agriculture,
from in promoting and safeguarding Peace and Security. This was
the first report from a Senate thematic committee since they were
formed last year.
on Role of Senate: Senators attended a workshop in Bulawayo
from Wednesday, 17th February to Saturday, 20th February. The objective
of the workshop was to provide them with an opportunity to come
up with a “clear role and mandate of the Senate”.
up in the House of Assembly
On Tuesday Minister of Economic Development and Investment Promotion
Elton Mangoma will seek approval of the Agreement between Zimbabwe
and South Africa for the Promotion and Reciprocal Protection of
Investments [also known as BIPPA]. This was signed in November 2009.
Other motions on the Order Paper include Hon. Bhasikiti’s
motion on sanctions and Hon. Gonese’s re-tabled motion on
2008 election violence.
Question Time: 37 written questions have been tabled for reply by
Ministers on Wednesday.
Cases Affecting Parliamentarians
Roy Bennett Case: The trial will resume on Monday
1st March, when the judge is due to rule on a defence objection
to the State’s evidence on the importance of the microwave
link Mr Bennett is accused of conspiring to sabotage. Mr Bennett
has still not been sworn in as the MDC-T’s Deputy Minister
MP Convicted of Assault: Pishai Muchauraya, MDC-T MP for
Makoni South, has been convicted of assault and sentenced to a fine
of US$400 or, in default of payment of the fine, 4 months imprisonment.
Mr Muchauraya has paid the fine and is to appeal. [This sentence
is not serious enough to place Mr Muchauraya’s House of Assembly
seat at risk – section 42 of the Constitution provides for
an MP’s seat to be vacated when a prison sentence of at least
6 months without the option of a fine is imposed].
on Constitutional Commissions
Commission [ZMC] Appointments Gazetted: General Notice
31/2010, gazetted on 19th February by Minister of Media Information
and Publicity Webster Shamu, announced the appointment for a 5-year
term with effect from 11th February, of the ZMC members whose names
were announced on 21st December.
Electoral Commission [ZEC] and Human Rights Commission [ZHRC]: The
Judicial Service Commission [JSC] and Parliament’s Committee
on Standing Rules and Orders [CSRO] are being consulted on these
appointments, as required by the Constitution. [The proposed chairpersons
are are former High Court Judge Simpson Mtambanengwe [ZEC] and Prof.
Reg Austin [ZHRC].
Tribunal Campbell Case Rulings Recognised by South African Court
On 24th February
the North Gauteng High Court ordered the registration of the SADC
Tribunal’s rulings in the Campbell case, making it possible
for the Tribunal’s awards of damages and costs against the
Zimbabwe government to be enforced in South Africa by seizing non-diplomatic
Zimbabwe government assets in that country.
In the continuing
legal dispute over the mining rights, the Chief Justice has ordered
that there must be no mining of the disputed area pending the Supreme
Court’s decision on the Government’s appeal against
Judge Hungwe’s September 2009 decision awarding the rights
to African Consolidated Resources [ACR] rather than the Zimbabwe
Mining Development Corporation and its joint venture partners. The
Chief Justice’s other order – for diamonds confiscated
from ACR to be held by the Reserve Bank pending the outcome of the
appeal – was initially defied when the diamonds were removed
from the Reserve Bank’s custody by police, but they have now
been returned. This does not mean that other diamonds mined since
in the disputed area have been produced/accounted for.
No Acts were gazetted last week or this week.
by Parliament Awaiting President’s Assent and/or Gazetting
as Acts: Financial Adjustments Bill, Public Finance Management Act
and Audit Office Bill.
in House of Assembly: POSA Amendment Bill – awaiting
reports from the PLC and the Portfolio Committee on Defence and
Home Affairs before proceeding to Second Reading. Unlikely to be
dealt with next week [see above].
in Senate: the Reserve Bank of Zimbabwe Amendment Bill
awaits its Committee Stage [see above].
Instruments: SI 29/2010 provided for suspension of customs
duty on motor vehicles imported by tourism operators; SI 31/2010
amended the toll road regulations, including provision for monthly
[US$10.00] and quarterly [US$30.00] tickets for peri-urban residents;
SI 34/2010 amended the insurance regulations, requiring insurance
brokers to have unencumbered investments in approved securities
and to hold professional indemnity cover.
Notices: GNs 21 and 22/2010 announced investigations by
the Competition and Tariff Commission into  ZESA for alleged
abuse of its monopoly by excessive charges, and  restrictive
and unfair business practices in the music industry.
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