constitution

Constitution Watch 10/2020 - Con Court Orders Implementation of section 210 of Constitution

CONSTITUTION WATCH 10/2020

[24th September 2020]

Court Case to Compel Implementation of Section 210 of Constitution

Success At Last

Section 210 of the Constitution states:

“An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.”

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

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