BILL WATCH 18/2023
[9th May 2023]
Both Houses of Parliament Resume Sitting on Tuesday 9th May
Both Houses of Parliament have been in recess, the Senate since Thursday 30th March and the National Assembly since Wednesday 5th April. The National Assembly has several Bills on its Order Paper – including the Electoral Amendment Bill – for the coming week; the Senate has none. We shall, therefore, start which the business facing the National Assembly, particularly the Bills.
Bills on the National Assembly Order Paper for This Week
The list of Bills awaiting consideration carried over from the last sitting:
Electoral Amendment Bill [link] – for continuation of the Second Reading debate and, probably, the response to the debate by the Minister of Justice, Legal and Parliamentary Affairs. If the Bill is then given its Second Reading, as expected, the Committee Stage is likely to follow immediately or the next day. Indeed, the Minister may well move that the Bill be fast-tracked in view of its urgency. The Bill is undoubtedly really urgent because it must be gazetted as an Act before the President formally calls the election by publishing his election proclamation in the Government Gazette. The Constitution, section 157(5) provides that:
“After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.”
The President has said that he will publish the election proclamation before the end of May. Time is, therefore, very short.
Detailed comments on and criticism of the Bill by Veritas are available on the Veritas website in Election Watch 7/2022 [link] dated 23rd November 2022.
There are proposed Opposition amendments [link] on the Order Paper by Hons Gonese, Hwende and Mushoriwa for the Committee Stage. Hon Gonese’s amendments have been there since mid-February; Hon Hwende’s and Hon Mushoriwa’s amendments followed a little later. So the Opposition cannot be accused of delaying the Bill until now. On the other hand, the Opposition will have justification for complaining if the Government rushes the Bill through Parliament.
Criminal Law (Codification and Reform) Amendment Bill [“Patriot Bill”] [link] – for the start of the Second Reading stage with the delivery of the explanatory speech by Minister of Justice, Legal and Parliamentary Affairs. The report on this Bill by the Portfolio Committee on Justice, Legal and Parliamentary Affairs should be ready for presentation to the House after the Minister’s speech.
Prisons and Correctional Service Bill [link] – for continuation of the Second Reading debate. The Minister of Justice, Legal and Parliamentary Affairs delivered his Second Reading speech on 31st January. The report on the Bill’s public hearings by Portfolio Committee on Justice, Legal and Parliamentary Affairs’ report must now be ready for presentation, given that the committee has put down its proposed amendments on the Order Paper [link]. MPs will be able to make their contributions to the debate on the Bill after the report has been presented. For Veritas commentary on the Bill see [link]. [Note the Committee Report will be put on our website once it has been tabled.]
Medical Services Amendment Bill [link] – for continuation of Second Reading debate. There are Committee Stage amendments already on the Order Paper by Hon Dr Labode [link]. The report of the Portfolio Committee on Health and Child Care is on the Veritas website [link].
Insurance and Pensions Commission [IPEC] Amendment Bill [link] – for continuation of Committee Stage from clause 4 and the Minister of Finance and Economic Development has further amendments on the Order Paper [link].
Insurance Bill [link] – for start of the Committee Stage. There are as yet no proposed amendments on the Order Paper, but proposals are expected on the judging by what was said by MPs during the Second Reading debate.
Public Finance Management Amendment Bill [link] – for start of Second Reading stage.
Children’s Amendment Bill [link] – for continuation of Second Reading debate. Veritas commented on this Bill in Bill Watch 23/2022 [link] and drew attention to the probable need to align its provisions to the Child Justice Bill. As the Child Justice Bill has now been passed by Parliament without amendment, this comment remains applicable.
Labour Amendment Bill [link] – for continuation of MPs contributions to the Second Reading debate. The Portfolio Committee report on the public hearings was presented in July 2022 and is available on the Veritas website [link].
Electricity Amendment Bill [link] – for start of Second Reading stage. Veritas has commented twice, in Bill Watch 42/2022 [link] and “further thoughts” in Bill Watch 52/2022 [link].
The Mines and Minerals Bill [link]:
This Bill is listed on the order paper as under consideration by the Parliamentary Legal Committee [PLC] on its constitutionality. The report is now ready and the Speaker is expected to announce the report in the House. The Portfolio Committee on Mines and Mining Development is still to produce its report on its public hearings on the Bill, which took place in March and April.
Other Business on the National Assembly Order Paper
Motions
In addition to the continuing debate on the motion in reply to the Presidential Speech at the opening of the session, which follows the above Bills on the Order Paper, there is one new motion by Hon Chidakwa calling for Government to put in place a strategic legal framework for mines to be professionally run through contracted private investors in order to avoid illicit mineral leakages and increase benefits to the State; and a motion by Hon Gonese for the restoration to the Order Paper of his motion for leave to bring in a Private Member’s Bill to repeal the Acquisition of Farm Equipment and Material Act.
Then there are motions asking the House to take note of four reports from various Parliamentary delegations and continuing debates on previous reports by portfolio committees and delegations.
Question Time and Private Members’ business
Hon Markham has two written questions heading the list for answers from the Minister of Local Government and Public Works:
1. Uchena Report on Urban Land When the Minister of Justice, Legal and Parliamentary Affairs declined to answer this question about the Uchena Report [the question was on the Government’s failure to table the report in the House and how much the Uchena Commission had cost], he suggested that Hon Markham direct the question to the Minister of Local Government and Public Works instead.
2. Legal status of piece of land on NE boundary of Harare East constituency/bordering Goromonzi West Has the land been transferred to Harare Metropolitan Province; and, is there is a master plan for its development, and related questions?
On the Senate’s Order Paper This Week
Motions
Apart from the continuing debate on the President’s speech at the opening of the present session and other adjourned debates on motions already moved, there are two new motions on the Order Paper:
Take-note motion on Report of Delegation to the 52nd Plenary Assembly Session of the SADC- Parliamentary Forum held in the Democratic Republic of Congo from 3 to 11 December 2022, to be moved by Senator Mohadi.
Zimbabwe should honour its commitment to the Abuja Declaration This is a motion by Senator Sekeramayi. The Abuja Declaration requires a country to allocate 15% of its National Budget to public health. The motion ends with a call to the Government:
a) through the Ministry of Finance to honour the Abuja Declaration;
b) to focus more on preventive public health intervention; and
c) to disburse funds allocated to Ministries, Departments and Agencies, in particular the Ministry of Health and Child Care, expeditiously.
