|
Back to Index
House of Assembly resumes - Bill Watch 24/2012
Veritas
June 06, 2012
The House
of Assembly is meeting today, Tuesday 5th June
The Senate remains
adjourned until Tuesday 12th June
Outcome
of SADC Summit Luanda, 1st June: Work for Parliament
The 1st June
Luanda
SADC Summit communiqué said:
“6.9 On
Zimbabwe, Summit commended stakeholders for their commitment, cooperation
and efforts towards the implementation of the Global
Political Agreement (GPA) and urged the parties to the GPA to
finalise the constitution-making process and subject it to a referendum
thereafter.
6.10 Summit
also urged the parties to the GPA, assisted by His Excellency Jacob
G Zuma, President of the Republic of South Africa and SADC Facilitator
of the Zimbabwe Political Dialogue, to develop an implementation
mechanism and to set out time frames for the full implementation
of the Roadmap to Elections.
6.11 Summit
further commended the Facilitator for his efforts towards the realisation
of full implementation of GPA.”
Parliament
Running out of Time
Parliament
has a vital role to play in relation to both constitution and Roadmap.
The constitution must be discussed in Parliament before the Referendum,
and after the Referendum it has to be gazetted as a Bill and passed
by a two-thirds majority in both Houses. For the full implementation
of the Roadmap to Elections, several key reform Bills must be passed.
So far the current Parliament has passed very little necessary reform
legislation – not even the Human
Rights Commission Bill or the Electoral
Amendment Bill, both of which took a long time to get through
Cabinet because of inter-party arguments on content, and are now
taking a long time in Parliament.
According to
the 2012 Sitting Calendar, Parliamentary time for the rest of 2012
is limited – 30 sittings for the House of Assembly, 24 for
the Senate. [Before the current session ends there are 9 sittings
in June for the House, and 6 for the Senate. The next session –
the fifth and final session of the Seventh Parliament – is
due to open on 17th July, and, apart from opening day and Budget
day, there are 21 House sittings and 18 Senate sittings planned
before the end of November. There are no sittings planned in December.]
Parliamentary attention will also have to be focused on the 2013
Budget in November.
The sitting
calendar for next year is not yet out. But the present Parliament
has to end by 28th June 2013, as explained in Bill
Watch 23/2012 of 31st May. [Some sections of the press have
perpetuated the wrong notion that Parliament ends in March 2013,
but the correct date is 28th June. The President was reported as
saying “March” in Luanda, but in a later TV interview
said “March or June”.]
New
Mining Fees and 5 Other SIs to be Repealed
Adverse reports
from the Parliamentary Legal Committee [PLC] were adopted by the
Senate on 28th March on five statutory instruments the PLC considered
to be inconsistent with the Constitution and therefore null and
void. [Statutory instruments may be gazetted without prior PLC vetting
but must be examined after gazetting and a report on their constitutionality
made to the Senate.] The SIs in question were:
- 127/2011
Water Sub-catchment Councils Rates Regulations Amendment 5
- 153/2011
VAT (Fiscalised Recording) Amendment Regulations
- 11/2012
Mining fees increases [a majority report, Hon Mangwana dissenting]
- 10/2012
Water Sub-catchment Councils Rates Regulations Amendment 6
- 9/2012 Norton
Trading By-laws
The reports
were presented by PLC chairman Hon Shepherd Mushonga and adopted
by the Senate without much debate. Interestingly, none of the responsible
Ministers were present to defend any of the SIs or ask for time
to argue against the reports.
Effect of adoption
of adverse reports Neither the presentation of an adverse report,
nor its adoption by the Senate, itself invalidates the statutory
instrument concerned. But repeal or amendment may follow, because
under the Constitution
[section 40B(1)(c)], if the Senate adopts a PLC adverse report on
a statutory instrument, the statutory instrument, or the offending
provisions in it, must be repealed by the President by notice in
the Gazette – unless within the next 21 “sitting days”
either
- the House
of Assembly resolves that it must not be repealed, or
- the authority
responsible for the statutory instrument repeals or amends it
in a way that, in the PLC’s opinion, removes the inconsistency
with the Constitution.
Definition
of “sitting day”
The definition
of “sitting day” is important: “any Tuesday, Wednesday,
Thursday or Friday that is not a public holiday, whether or not
the House concerned actually sits” [Constitution, section
113 as read with Standing Orders].
21 sitting
days have expired
The Senate
adopted the adverse reports the day before the beginning of the
six-week Parliamentary Easter recess. The House of Assembly adjourned
the next day without considering the adverse reports. But the 21
sitting day countdown continued and duly expired in early May, well
before the House of Assembly resumed sitting after the long recess.
As a result it is now too late for the House of Assembly to pass
resolutions preserving the statutory instruments from the repeal
or partial repeal required by the Constitution.
President
must now repeal/amend the SIs
The Clerk of
Parliament must now report the matter to the President, and on receipt
of the report the President must promptly [“shall forthwith”]
by notice in the Gazette, repeal the statutory instruments or offending
provisions in them, as appropriate [Constitution, Schedule 4, paragraph
8].
Status of
the SIs pending action by President
Meanwhile the
statutory instruments concerned continue in existence until the
President gazettes the necessary notices – or until they are
declared null and void by a court. [Note: The courts are not obliged
to reach the same conclusions as the PLC on constitutional validity,
ultra vires or other legal issues.]
Further
Adverse Reports in the Pipeline on Six March SIs
The President
of the Senate announced on 16th May that the PLC had given a non-adverse
report on all but six of the statutory instruments gazetted during
March. The six other statutory instruments, on which adverse reports
are therefore expected to be announced when the Senate resumes on
12th June, are:
- 25/2012
Mberengwa (Traffic) By-laws
- 28/2012
Marondera (Incorporated Area) (Amendment) By-laws
- 30/2012
Chegutu (Incorporated Area) (Amendment) By-laws
- 40/2012
Kariba (Incorporated Areas) (Amendment) By-laws
- 41/2012
Norton Town Council (Food Hygiene) By-laws
- 44/2012
Bindura Municipality (Incorporated Areas) (Amendment) By-laws
The four sets
of Incorporated Areas By-laws all fix new rents and charges for
the incorporated areas [former townships] of the local authorities
concerned.
Coming
up in the House of Assembly
Bills
Two key reform
Bills are on the Order Paper:
- Zimbabwe
Human Rights Commission Bill – for the Committee Stage [amendments
to the Bill have been tabled by the Minister of Justice and Legal
Affairs to take account of objections raised by the PLC in its
conditional non-adverse report]
- Electoral
Amendment Bill – for consideration of the PLC’s adverse
report, which will be presented by the PLC chairman Hon Shepherd
Mushonga. If the report is adopted, either wholly or partly, the
Bill will have to be amended to remove the inconsistencies with
the Constitution identified by the House.
Other Bills
that may come up are:
- National
Incomes and Pricing Commission Amendment Bill – for
the Second Reading speech by the Minister of Industry and Commerce
- Older
Persons Bill – for the Second Reading speech by the
Minister of Labour and Social Welfare, following the PLC’s
non-adverse report.
- Proposed
Private Member’s Bill to repeal section 121(3) of Criminal
Procedure and Evidence Act – for continuation of debate
on Hon Gonese’s motion requesting leave to introduce this
Bill. [It remains to be seen whether there will be progress, given
the Minister of Local Government, Rural and Urban Development’s
application to the Supreme Court for a ruling on his argument
that Private Member’s Bills cannot be brought up while the
GPA continues in force.]
Motions
The only new
motion is a condolence motion on the death of Hon Betty Chikava,
the MP for Mount Darwin. Other items on the Order Paper are for
continuation of debates already started.
Question
Time – Wednesday
Questions without
notice will take up the first hour on Wednesday afternoon. The next
hour is set aside for written questions with notice; 40 await responses
from Ministers, several of them dating back to October last year.
More recent questions include two for the Minister of Finance, on
the Reserve Bank’s apparent continued involvement in “quasi-fiscal”
mining operations, and on delays in the appointment of a substantive
Commissioner-General for the Zimbabwe Revenue Authority; one for
the Minister of Media, Information and Publicity on why the Broadcasting
Authority Board has not been regularised; and one for the Minister
of Youth Development, Indigenisation and Empowerment on whether
small-scale Chinese- and Nigerian-owned industries are sub ject
toindigenisation.
Government
Gazette 25th May to 1st June
Acts or Bills
gazetted: None
Statutory
Instruments
Suspension of
NSSA SI 145/2011 re pension contributions and benefits SI 97/2012,
gazetted on 28th May but backdated to 1st January, suspends until
further notice the new contribution rates and pension benefits that
were gazetted in SI 145/2011.
Collective bargaining
agreements Leather and Shoe, Sports Equipment, Animal Skin Processing,
Taxidermy, Leather Goods;, Travel Goods manufacturing undertaking
[SI 92/2012]; Electronics, Communications and Allied industry [SI
94/2012]; Textile industry [SI 95/2012, correcting errors in SI
77/2012]
Local authority
rents and charges by-laws Chipinge Town Council [SI 93/2012]
Other local
authority by-laws New Mberengwa Rural District Council by-laws control
land use and conservation [SI 99/2012] and fishing.
Prisoners’
diet schedule SI 96/2012 [replacing the schedule gazetted in SI
149/2011]
Civil aviation
security SI 98/2012 amends numerous definitions in the principal
regulations gazetted in SI 207/2006.
General
Notices
Resettlement
areas placed under Chiefs GN 175/2012 declares an area of resettlement
land in Insiza district to be under the authority of Chief Jahana
in terms of section 29 of the Traditional Leaders Act. GN 176/2012
makes a similar declaration for resettlement land in the Hwedza
district placed under the authority of Chief Nyahuye Wasvosve.
Veritas
makes every effort to ensure reliable information, but cannot take
legal responsibility for information supplied
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|