BILL WATCH 57/2015
[30th November 2015]
The 2016 Budget and the Independent Constitutional Commissions
This bulletin looks at how the independent constitutional commissions are affected by the 2016 Budget presented by the Minister of Finance and Economic Development on 26th November.
By “independent constitutional commissions” we mean the—
Zimbabwe Electoral Commission
Zimbabwe Human Rights Commission
Zimbabwe Gender Commission
Zimbabwe Media Commission
National Peace and Reconciliation Commission
Zimbabwe Anti-Corruption Commission
Although the Zimbabwe Anti-Corruption Commission is not one of the five “independent constitutional commissions supporting democracy” named in Chapter 12 of the Constitution, it is included in this bulletin because section 256 of the Constitution expressly gives it independent status equivalent to that of the Chapter 12 commissions.
In the following pages we deal with the following points:
Do the Estimates of Expenditure comply with section 305 of the Constitution, which requires separate estimates to be given for each of the independent commissions?
Do the Estimates make adequate provision for the funding of the commissions?
What can interested parties do to get the Estimates changed?
1. Separate Estimates?
Section 305(3) of the Constitution requires that “separate estimates of expenditure” must be given for each commission established by the Constitution.
Only the following commissions have their own stand-alone Votes in the Estimates:
the Judicial Service Commission [Vote 27]
the Public Service Commission [which should have been referred to as the Civil Service Commission, its new name under the Constitution] and the security service commissions [Vote 28].
Going against the Constitution, the independent commissions have mere sub-votes under the Votes of a Ministry or “parent office”—
the Electoral Commission, the Human Rights Commission and the National Prosecuting Authority under the Ministry of Justice, Legal and Parliamentary Affairs [Vote 19]
the National Peace and Reconciliation Commission under the Office of the President and Cabinet [Vote 1]
the Gender Commission under the Ministry of Women’s Affairs, Gender and Community Development [Vote 23]
the Zimbabwe Anti-Corruption Commission under the Ministry of Home Affairs [Vote 18]. [Note: The Estimates were prepared before the announcement three days ago that the Anti-Corruption Commission will now come under the Office of the President and Cabinet].
Not only is this inconsistent with section 305(3) of the Constitution. It is also inconsistent with the principle that the six commissions covered by this bulletin are independent and not subject to the direction or control of anyone [section 235]:
Under this arrangement, the commissions will have their funds channelled through their “parent” Ministry instead of coming straight from the Consolidated Revenue Fund.
The accounting officer – the official responsible for accounting for the use of the funds – will be the Permanent Secretary of the parent Ministry.
To put it another way, these commissions will be dependent on the parent Ministry for prompt and efficient transmission of the public funds to which they are entitled under the Budget and will have to answer to their parent Ministry for their use of those funds.
Such a situation of dependency is inconsistent with the constitutional independence of these six commissions. There is too much scope for Ministers and Ministry officials to influence – exercise control over – the commissions. She/he who pays the piper calls the tune.
2. Allocations to Commissions
Amounts allocated in the Blue Book are as follows:
Zimbabwe Electoral Commission
$8.316 million [Blue Book, page 282]
Zimbabwe Human Rights Commission
$1.229 million [Blue Book, page 282]
Zimbabwe Gender Commission *
$150 000 [Blue Book, page 314]
Zimbabwe Media Commission
$351 000 [Blue Book, page 295]
National Peace and Reconciliation Commission *
$100 000 [Blue Book, page 55]
Zimbabwe Anti-Corruption Commission
$1.602 million [Blue Book, page 271]
* The founding members of the Gender Commission were sworn in two months ago. The founding members of the National Peace and Reconciliation Commission were announced two days ago. Will these paltry allocations suffice to make these commissions operational in 2016?
3. Advocacy for Increasing the Estimates for Independent Commissions
In particular the allocation for the Human Rights Commission and the National Peace and Reconciliation Commission and the Anti-Corruption commission considering their absolutely vital role is significantly inadequate.
The National Assembly has the last word on the Estimates. To have any hope of making an impact on the Estimates as they affect the independent commissions, interested parties should concentrate on lobbying their own MPs or submitting written representations to the appropriate Portfolio Committee.
The appropriate Portfolio Committees for the independent commissions are:
Zimbabwe Electoral Commission and Zimbabwe Human Rights Commission
Portfolio Committee: Justice, Legal and Parliamentary Affairs
Zimbabwe Gender Commission
Portfolio Committee: Women’s Affairs, Gender and Community Development
Zimbabwe Media Commission
Portfolio Committee: Media, Information and Broadcasting Services
Zimbabwe Anti-Corruption Commission
Portfolio Committee: Defence, Home Affairs and Security Services
National Peace and Reconciliation Commission
As there is no Portfolio Committee with supervisory powers over the President’s Office representations will have to be made through individual MPs, Vice-President Mphoko as Minister of National Peace and Reconciliation or to the Portfolio Committee on Finance and Economic Development which has overall responsibility for the Budget.
Representations to Portfolio Committees may be:
sent by email – addressed to clerk@parlzim.gov.zw [marked for attention of the appropriate Portfolio Committee, where there is one]
delivered – if delivering, use the Kwame Nkrumah Avenue entrance to Parliament, between Second and Third Streets, Harare, and addressed to The Clerk of Parliament [marked for attention of the appropriate Portfolio Committee, where there is one]
sent by post – addressed to The Clerk of Parliament, P.O. Box CY298 Causeway, Harare [marked for attention of the appropriate Portfolio Committee, where there is one].
Representations to MPs may be addressed to them c/o Parliament at the above address.
Representations to Vice President Mphoko’s office may be sent to Munhumutapa Building, corner Samora Machel Avenue and Sam Nujoma Street, Harare, or P. Bag 7700, Causeway.
[Soft copies of the “Blue Book” containing the Estimates of Expenditure are available from Veritas at the addresses given at the end of this bulletin]
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied
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