BILL WATCH 50/2017
[29th December 2017]
Two Vice-Presidents Appointed and Sworn In
Zimbabwe’s new Vice-Presidents were sworn in by Chief Justice Luke Malaba yesterday morning, Thursday 28th December, in a brief ceremony at State House. They are Retired General Constantino Chiwenga and Mr Kembo Mohadi.
President Mnangagwa made the two appointments in terms of the Constitution’s special transitional provisions applicable to the office of President and the appointment of Vice-Presidents until 2023. Under those transitional provisions, Vice-Presidents, like Ministers, hold office at the President’s pleasure. [The transitional provisions are set out in the Sixth Schedule to the Constitution, paragraph 14].
Vice-President Chiwenga made himself eligible for appointment by retiring from his position as Commander of the Defence Forces.
Mr Mohadi was previously a member of the National Assembly, as the ZANU(PF) MP for the Beitbridge East constituency. His seat became vacant as soon as he became Vice-President [Constitution, section 129(1)(c) – “The seat of a Member of Parliament becomes vacant … upon the Member becoming President or Vice-President”].
Term of office
In the normal course of events both Vice-Presidents will hold office until the assumption of office as President by the winner of the next Presidential election in July-August 2018.
Although not Members of Parliament, both Vice-Presidents, like Ministers and Deputy Ministers, are accountable, collectively and individually, to the President for the performance of their functions. Each of the Vice-Presidents must also attend Parliament and parliamentary committees in order to answer questions concerning matters for which he is collectively or individually responsible [Constitution, section 107(2)].
One or other of the Vice-Presidents will be Acting President whenever the President is absent from Zimbabwe or is unable to exercise his official functions through illness or any other cause [as provided by section 100 of the Constitution].
Vice-Presidents must not, directly or indirectly, hold any other public office or be employed by anyone else while they are in office.
Government Gazette 22nd December 2017
SIs 150, 152 and 153 will be posted on the Veritas website
www.veritaszim.net as soon as possible.
New Labour Court Rules
SI 150/2017 contains the new rules governing proceedings in the Labour Court, made by the judges of the court in terms of the Labour Act with the approval of the Chief Justice and the Minister of Justice, Legal and Parliamentary Affairs. They replace the previous rules, although there is no provision for their repeal.
Collective bargaining agreement: Textile Industry
SI 151/2017 provides for wages in the industry effective from 1st October 2017 for the next 12 months or “until it is replaced by a substituting agreement”.
Commencement of Public Procurement and Disposal of Public Assets Act
SI 152/2017 brings this important Act into force with effect from 1st January 2018, as promised by the Minister of Finance and Economic Planning in his Budget presentation.
Retirement Benefits for Former Presidents
SI 153/2017 spells out the services, facilities and allowances which former President Mugabe and subsequent former Presidents will be entitled to use and enjoy. They cover four pages under headings such as Staff, Office and Equipment, Housing and household, Medical, Travel, Transport and Other Benefits.
Government Gazette 29th December
Today’s regular Government Gazette contains only one statutory instrument, SI 154/2017, which sets out a collective bargaining agreement for the Transport Industry.
A Budget-related Government Gazette Extraordinary will probably be published late this afternoon, unfortunately too late for inclusion in this bulletin. Its contents will be dealt with a bulletin as early as possible in the New Year.