constitution

HH 605-2019 Mlilo v Minister of Finance & Economic Development - Judgment by Zhou J invalidating SI 205/2019 re Intermediated Money Transfer Tax as unconstitutional - 18 September 2019

In this important judgment Justice Zhou decided that both SI 205/2018 [changing the rate and incidence of the Intermediated Money Transfer Tax] and the policy decision it gave effect to [as stated in the Minister's Supplementary Budget Presentation on 1st August 2019] were inconsistent with the Constitution and therefore void of legal effect.  He cited inconsistency with section of the Constitution 134(a) - which bars Parliament from delegating its primary law-making power - and the constitutional principle of Separation of Powers.

Maintenance of Peace and Order Bill - Adverse Report by Parliamentary Legal Committee

On 24th July in the National Assembly the Deputy Speaker announced the receipt of the Parliamentary Legal Committee's adverse report on the Maintenance of Peace and Order Bill.   The Committee had been considering the Bill since its First Reading in the National Assembly on 9th May. 

The opening paragraphs of the report are as follows:

PUBLIC ACCOUNTS COMMITTEE REPORT ON COMPLIANCE ISSUES FOR THE MINISTRY OF FINANCE AND ECONOMIC DEVELOPMENT

This report was presented to the National Assembly by the chairperson of the Public Accounts Committee, Hon Tendai Biti, on Thursday 18th July 2019.

The full report can be downloaded below.

Selected extracts from the report are set

3.      SIGNIFICANCE OF THE MINISTRY OF FINANCE AND ECONOMIC DEVELOPMENT

Speaker's Ruling on Tabling of NSSA Forensic Audit Report

On Wednesday 26, June 2019 in the National Assembly, Hon. Biti asked the Hon. Minister of Public Service, Labour and Social Welfare, Hon. Dr. Kanhutu Nzenza when she would table the National Social Security Authority Special Forensic Audit Report. He voiced concern that the time limits defined in Section 11 and 12 of the Audit Act had already expired. The Hon. Speaker reminded the Hon. Minister that she had indicated that she would table the said report in 30 days, and later had said within 14 days. The Hon.

Bill Watch 24/2019 - The Maintenance of Peace and Order Bill : Is it Constitutional?

In our Bill Watch 22/2019 of the 17th April we analysed the Maintenance of Peace and Order Bill to see how far it differs from the Public Order and Security Act, and we concluded that the Bill will make no material difference to the existing law. 

In this Bill Watch we shall examine the Bill again to see whether its provisions, if enacted, will be constitutional.

The Constitution

The Internet Shutdown - Successful High Court Challenge - Court Application, Respondents' Opposition Papers and Court Order

The Government-ordered Internet Shutdown of 15th January 2018 prompted an urgent application to the High Court for the setting aside of the Government's order to ISPs.

The applicants' papers were filed on 16th January and the Government's opposing papers on 18th January.  The hearing was on 21st January., and the court granted a provisional order setting aside the Government's order plus interim relief suspending the Government's order and directing ISPs to resume normal services forthwith

CONSTITUTION WATCH 1 - 2018 Need to Implement Constitution section 210

CONSTITUTION WATCH 1/2018

[18th September 2018]

Now elections are over Veritas is resuming its series of bulletins on implementation of the Constitution

Implementation of Section 210 of the Constitution

Section 210 of the Constitution has still not been implemented over five years after the main parts of the Constitution came into force on  22nd August 2013.

SI 2018-159A and SI 2018-168A - First Sitting of Ninth Parliament to be on 11th September

President Mnangagwa has, in terms of section 145 of the Constitution, determined that the first sitting of the Ninth Parliament will take place at Parliament Building, Harare on Tuesday 11th September at 9 a.m.

The President's Proclamation 4/2018, published in Statutory Instrument (SI) 159A/2018, on 29th August and the correction notice that followed in SI 168A/2019, can be downloaded  below [single document containing both SIs]. 

Election Watch 23-2018 Veritas Court Case against Restrictions on Voter Education

ELECTION WATCH 23/2018

16th June 2018

 

Two Veritas Court Cases on Elections to be Heard on Monday 18th June

in High Court, Harare

This coming Monday, 18th June, the High Court in Harare is due to hear two cases brought by Veritas to improve the conduct of the coming general election.  

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