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Biti expected to deliver mid-term fiscal policy review in July -
Bill Watch 26/2010
Veritas
July 02, 2010
Both
Houses are adjourned
The current
second session of Parliament will probably be prorogued soon. This
will be followed by the ceremonial opening of the third session
of the 7th Parliament by the President.
Parliamentary
Update
The Senate sat
briefly on 15th June, heard two Senators make contributions to the
debates on motions carried forward from previous sittings, and then
adjourned until 19th October to allow Senators to participate in
the Constitution Outreach.
The House of
Assembly met for only a few minutes on 30th June and adjourned until
20th July [a mere 76 out of nearly 200 current members attended,
Ministers, Deputy Ministers and other members who were not out of
town on the Constitution Outreach, so the Outreach was not affected].
Both these adjournments
will fall away if there is a proclamation summoning the new session
before the periods of adjournment end.
Need
for a new parliamentary session: Section 62 of the Constitution
lays down that there must be a new session of Parliament beginning
in each calendar year. Last year the new session started much later
than usual, in early October, but this year the Government has decided
to return to the normal practice of a July/August opening of the
new session. The procedure is that a Presidential proclamation will
be gazetted which will “prorogue” Parliament [this is
the technical Parliamentary term for ending a session, it discontinues
that particular session but does not dissolve the 7th Parliament]
and will also summon Parliament to meet for the opening of the new
session.
New
session to be opened: Parliament expects the President
will perform the ceremonial opening of the new session on Wednesday
14th July. The President’s speech always includes the Government’s
plans for the legislation to be dealt with during the new session.
After the President’s speech there will be an adjournment
to the next day. [Usually the adjournment is for about two weeks
so parliamentarians can study the President’s speech, but
the Minister of Finance has asked to present his Mid-Term Fiscal
Policy Review before Parliamentarians go back to the constitution-making
process]
Mid-Term
fiscal policy review: Mr Biti, the Minister of Finance,
is expected to deliver his Mid-Term Fiscal Policy Review in the
House of Assembly on Thursday 15th July.
Further
intensive sittings in August: After the Fiscal Policy Review
both Houses are expected to adjourn until early August when there
will be intensive sittings lasting only a few days to deal with
all Bills ready for introduction by then [see Legislation Update
below]. “Fast-tracking” and late-night sittings are
predicted.
Comment on Fast-Tracking:
Before the inclusive Government the practice of “fast-tracking”
Bills, involving the suspension of normal procedures, was deplored
by those wanting to see a more effective parliamentary democracy.
Fast-tracking means there is no time for consultation with Parliament’s
electorate and stakeholders, and indeed often no time for Parliamentarians
to consider and debate Bills. The practice has been considered by
many as an abuse of Parliament by the Executive. It is regrettable
therefore that the inclusive government is now suggesting continuing
the practice. The excuse this time is that it is to ensure that
essential Parliamentary work is completed, without interfering with
the Constitution Outreach. Granted that there is much legislation
that needs to be passed, but the government has had since last February
to prepare and introduce legislation.
Effect
of Prorogation/End of Session
At the end of
a session, all pending proceedings are terminated. Bills not already
passed by both Houses lapse, portfolio and thematic committees cease
to exist, uncompleted motions and unasked questions fall away, and
both Houses start the new session with a clean slate. Uncompleted
work is not necessarily wasted, however, Standing Orders permit
lapsed Bills to be restored to the Order Paper [agenda] at the stage
previously reached, and new committees can adopt the work and draft
reports of their predecessors.
More
on Parliamentary Committees
Re-appointment
of committees for new session: Thematic committees and
portfolio committees are sessional committees, which means that
committee members have to be appointed afresh at the beginning of
each new session by the Committee on Standing Rules and Orders.
In practice committee members are usually reappointed to their former
committees, and continuity is preserved.
New
Chairpersons needed for four parliamentary committees: A
side-effect of the Prime Minister’s appointment of four backbenchers
to Ministerial and Deputy Ministerial posts is that new chairpersons
will be needed for the Parliamentary committees these four have
been chairing up to now. [A Minister or Deputy Minister cannot be
a member of a Parliamentary committee.] The four committees affected
are:
- Parliamentary
Legal Committee [former chair Senator Gutu]
- Public Accounts
Committee [former chair Hon Mashakada]
- Portfolio
Committee on Justice, Legal Affairs, Constitutional and Parliamentary
Affairs [former chair Hon Tongai Matutu]
- Portfolio
Committee on Information and Communication Technology [former
chair Hon Chimanikire]
Committee
reports: Although Senate thematic committees and House
of Assembly portfolio committees were meeting throughout the long
adjournment from March to June, and although at least five committee
reports are believed to have been finalised, no reports were tabled
on either 15th or 30th June. This is unfortunate, because it means
that the reports cannot yet be released, thereby depriving the public
of the fruits of the work carried out by the committees on subjects
of great public interest. Given the importance of the committee
system, it is to be hoped that the incoming committees will adopt
the work of the outgoing committees and that the reports can be
tabled early in the new session, after which public circulation
will be permissible. The objectives of the Parliamentary Reforms
that gave birth to the committee system would be defeated if valuable
work done by the committees over the past several months were to
be lost simply because of the end of the present session.
Inclusive
government update
New
Ministers and Deputy Ministers sworn in: Following the
Prime Minister’s reshuffling of the MDC-T Ministerial team
on 23rd June [details in Bill Watch 24 of 23rd June], new Ministers
and Deputy Ministers were sworn in by President Mugabe at State
House on Thursday 24th.
No movement
on deadlocked GPA
negotiations: There is no progress to report. President
Mugabe, speaking on his return from the opening match of the World
Cup in South Africa on the 11th June, said the South African facilitation
team had been given the go-ahead to come and they were expected
on Monday 14th . But they did not arrive and their spokesperson
later denied any visit had been intended. Soccer has reigned supreme.
AU summit
due in August: The next regular AU Summit is scheduled
for 19th to 27th July, in Uganda. If the SADC report to the Summit
on Zimbabwe is to record anything other than continued impasse on
the main longstanding sticking-points and failure to implement most
of those issues on which agreement has been reached, President Zuma
and his facilitation team will have to move swiftly once the World
Cup concludes on 11th July.
Resumption
of EU-Zimbabwe dialogue: The dialogue between the European
Union and Zimbabwe resumed today, 2nd July, in Brussels. The purpose
of the dialogue is to explore ways of normalising relations between
the two sides. The inclusive government team is led by Minister
Mangoma and includes Ministers Chinamasa and Misihairabwi-Mushonga.
Legislation
Update
Bills:
Public
Order and Security [POSA] Amendment Bill: This Bill
[a Private Member’s Bill introduced by MDC-T Chief Whip Innocent
Gonese last year] is presently part-way through its Second Reading
debate. Although the Bill will lapse when Parliament is prorogued
[see above], it is expected to be restored to the Order Paper and
proceeded with at the earliest opportunity. [Electronic version
available on request.]
Bills already
gazetted and ready for presentation:
- Zimbabwe
National Security Council Amendment Bill
- Criminal
Law Amendment (Protection of Power, Communication and Water Infrastructure)
Bill
[Summaries of
both these Government Bills were given in Bill Watch 22 of 8th June.
Both are listed to be presented by the Minister of Justice and Legal
Affairs.] [Electronic versions of both Bills available on request.]
Bills
being printed: Two more Government Bills have been sent
to Parliament for presentation are being printed by the Government
Printer:
- Energy Regulatory
Authority Bill [to be presented by the Minister of Energy and
Power Development]
- Attorney-General’s
Office Bill [to be presented by the Minister of Justice and Legal
Affairs]
[These two Bills
are not yet available.]
More
Bills in the pipeline to parliament: More Bills are expected
to be ready for presentation in August, such as the Electoral Amendment
Bill and the General Laws Amendment Bill [also not yet available
for distribution].
Statutory
Instruments: No statutory instruments were gazetted on
2nd July.
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