In pursuit of its Constitutional mandate as provided for in Section 152 of the Constitution of Zimbabwe, the Parliamentary Legal Committee on the 17th of March 2016 at 11:00hrs met to consider Statutory Instruments gazetted during the month of February 2016 among them Statutory Instrument 24 of 2016, titled Insurance (Amendment) Regulations. After deliberations, it unanimously resolved that an adverse report be issued in respect of the Statutory Instrument, due to the following considerations:
The provisions of clause 7 are in violation of the tenets of justice, in that the Commissioner is given powers of a Court in imposing penalties without following due process. Every decision making is subject to judicial review and the regulations are silent on that. Clause 7(c), is allowing the Commissioner to impose a fine of level five or such fine and imprisonment without following due process. According to section 271(2) of the Criminal Procedure and Evidence Act, it is the Court that has the power to impose a fine over level 3.
Furthermore, Clause 7(d) and (e) are unconstitutional in that disqualification, removal or suspension without due process contravenes section 56 and 68 of the Constitution which provide for the right to equality before the law and the right to administrative justice respectively.
Hon. J. Samukange
PARLIAMENTARY LEGAL COMMITTEE