Bill Watch 53/2015Both Houses of Parliament are in Recess until 17th November2November
BILL WATCH 53/2015
[2nd November 2015]
Both Houses of Parliament are in Recess until 17th November
Both the National Assembly and the Senate sat last week, on Tuesday 27th and Wednesday 28th October. After their Wednesday sittings both Houses adjourned until Tuesday 17th November.
Nkulumane By-Election Proclamation
The dates for the by-election to fill the National Assembly constituency seat left vacant by the death of the MDC-T’s Tamsanqa Mahlangu on 5th October, are:
- Nomination Court Friday 6th November at Bulawayo Magistrates Court
- Polling day Saturday 19th December.
The dates were fixed by SI 116/2015, gazetted in a Gazette Extraordinary dated 23rd October, but only circulated with the Gazette dated 30th October. The polling day complies with the constitutional requirement that voting in a by-election must be within 90 days of a vacancy occurring [Constitution, section 158].
Update on Acts
Passed Bills awaiting gazetting as Acts
Two Bills have been sent to the President for his assent and gazetting as Acts:
- Zimbabwe Gender Commission Bill[final vote in Parliament 1st October; sent to the President 20th October]
- Finance (No. 2) Bill[final vote in Parliament 1st October;sent to the President 22nd October].
One Bill is being prepared for sending to the President:
- Joint Ventures Bill[final vote in Parliament 29th September]
Acts of 2015 gazetted to date
This list remains as it was in Bill Watch 36/2015 of 7th September, that is:
Act No. / Title / Date gazetted / Commencement1/2015 / Public Accountants and Auditors Amendment Act, 2015 / 10th July 2015
[GN204/215] / 10th July 2015
2/2015 / Reserve Bank of Zimbabwe (Debt Assumption) Act, 2015 / 7th August 2015
GN/2015 / 7th August 2015
3/2015 / Marondera University of Agricultural Sciences and Technology Act / 28th August 2015
GN 240/2015 / 28th August 2015
4/2015 / Public Debt Management Act / 4th September 2015
GN 333/2015 / 4th September 2015
5/2015 / Labour Amendment Act, 2015 / 26th August 2015
GN237A/2015 / 26th August 2015
Update on Bills
Bills with the Senate
None. The Senate is waiting for Bills to be transmitted from the National Assembly.
Bills with the National Assembly
- Banking Amendment Bill The Bill awaits the return of the Minister of Finance and Economic Development, Hon Chinamasa, to take it through the Committee Stage and explain to MPs the comprehensive changes he wants made to the Bill, as reflected in the Order Paper. The Portfolio Committee on Finance and Economic Development has indicated that it also wishes to suggest amendments.
- General Laws Amendment Bill [GLA Bill] The Bill was amended by the National Assembly during its Committee Stage. The National Assembly now awaits a report from the Parliamentary Legal Committee on whether the amendments have rendered the Bill inconsistent with the Constitution.
- Criminal Procedure and Evidence Amendment Bill [CPEA Bill] Like the GLA Bill, this was amended by the National Assembly during its Committee Stage, and a PLC report is awaited on whether the amendments have rendered the Bill inconsistent with the Constitution. The PLC is expected to report adversely on the new section 121(3) of the Criminal Procedure and Evidence Act which was added to the Bill by an amendment requested by Vice-President Mnangagwa; the new provision is objectionable because it still allows a prosecutor to suspend a grant of bail by a magistrate or judge, albeit for 48 hours instead of the previous 7 days.
Bills gazetted but not yet introduced
- Manicaland State University of Applied Sciences Bill [gazetted on 4th September]
- Gwanda State University Bill[gazetted on 4th September]
Bills being printed for gazetting
- Pan African University of Sciences and Technology Bill
- Minerals Exploration and Marketing Corporation Bill
- Zimbabwe National Defence University Bill
- National Peace and Reconciliation Commission Bill
What Happened in Parliament Last Week
Both Houses sat only on Tuesday 27th and Wednesday 28th October, then adjourned until Tuesday 17th November. During the adjournment MPs will have been expected to attend the annual Pre-Budget Seminar at Elephant Hills, Victoria Falls, running from 30th October to 3rd November.
National Assembly
Speaker’s Announcement on Attendance by MPs
On 28th October the Speaker made his promised statement on Attendance by Members in Parliament. He opened by referring to the very worrying trend by some MPs who only attend sittings for a short time before leaving the House. This had led to two incidents of lack of quorum on 8th and 14th October, and a premature adjournment for lack of quorum on 27th October. Such truancy by MPs constituted, he said, dereliction of duty, a breach of the oath of office taken by members and a short-changing of the people of Zimbabwe that MPs purport to represent. The statement ended with a warning that the Committee on Standing Rules and Orders could come up with penalties to deal with such errant behaviour [full statement available from Veritas at the addresses given at the end of this bulletin].
BillsThere was no progress on the three Bills mentioned on the Order Paper:
- Banking Amendment Bill [Minister Chinamasa was not available to handle the Committee Stage, and the Portfolio Committee asked for more time to prepare amendments it wishes to suggest]
- Criminal Procedure and Evidence Amendment Bill and General Laws Amendment Bill [reports on amended Bills not yet received from Parliamentary Legal Committee].
PLC Adverse Report on SI protecting PSMAS from legal action]There were no further contributions from MPs, but the Minister of Health and Child Care was not available to defend the SI, being out of the country. Consideration of the adverse report will therefore be resumed later.
MotionsDebate continued on the motion for a vote of thanks to the President for his address at the opening of the Parliamentary Session.
Social misfits On 27th October Hon Muderedzwa introduced his motion calling for the repeal of the Vagrancy Act and other measures to promote reformation and rehabilitation of social misfits.
Question Time The two segments of Question Time took up the whole of Wednesday’s sitting, following the Speaker’s statement on attendance by MPs. Topics raised included:
BEAM payments of school fees The Deputy Minister of Public Service, Labour and Social Welfare said fees for 2014 had been paid, but fees for 2015 were unlikely to be paid before the end of the year.
Government intervention at PSMAS Discussion was cut short by the Speaker under the sub judice rule when it was confirmed that the Government had been taken to the High Court over the issue.
Ghost workersThe Deputy Minister of Public Service, Labour and Social Welfare said that the audit of the Public Service had not revealed ghost workers. 157000 workers had been confirmed. 3500 that had not been accounted for were mainly teachers who had been absent from post at the time of the audit, and were still being verified. [MPs pointed out that these figures did not cover members of the security forces, all of whom are outside the Public Service.]
Senate
Bills Once again, the Senate had no Bills to consider.
Motions Debate continued on the motion on promotion of sport and the vote of thanks to the President for his speech opening the parliamentary session.
Achievements in the education sector Senator Goto introduced his motion commending the people and Government of Zimbabwe for achieving a high literacy rate. Senator Bhobho seconded the motion, and there was a contribution from Senator Shiri.
Government Gazette Extraordinary dated 23rd October
Although dated 23rd October, this was received by Gazette subscribers with the regular Gazette published on 30th October. It contained two statutory instruments:
Customs duty on textbooks [SI 115/2015] Backdated to 1st September, this allows entry free of duty for textbooks classified under tariff item 4901.9910.
Nkulumane by-election [SI 116/2015] See note at the beginning of this bulletin.
Government Gazette dated 30th October
Wheel-clamping for Norton traffic offences [SI 117/2015] Although deceptively called the “Road Traffic and Other Offences By-laws”, the SI consists of provisions for clamping of vehicles involved in alleged offences against Norton’s Traffic, Parking and similar by-laws. There are words missing from section 4(1) proviso paragraph (b), and the provision for retaining a clamped vehicle pending a court’s decision where the accused denies guilt, seems an unreasonable infringement of property rights [like SI 113/2015, the Hwedza clamping by-laws].
VAT Refunds for European Commission [SI 118/2015] This SI makes the existing refunds regulations effective from December 2009 instead of December 2010.
Zvishavane Animals By-laws [SI 119/2015] These by-laws provide for the impounding of stray cattle, horses, pigs, donkeys and mules found in the Zvishavane Town Council area.
Inland waters shipping fees [SI 120/2015] This SI sets out a new tariff of fees for registration and survey of vessels, certificates of competence for vessel masters, and various permits. It replaces the tariff in force since 2009.
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