Statutory Instrument 4 of 2014.

[CAP. 10:20

WHEREAS, if a situation affecting, for instance, the general public interest of Zimbabwe, cannot be dealt with adequately in terms of any other law and, because of its urgency it is inexpedient to await passage through Parliament of an Act to deal with it, the President is empowered in terms of section 2 of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] to make such regulations as he considers will deal with that situation;

NOW THEREFORE, HIS Excellency the President, in terms of section 2 of the Presidential Powers (Temporary Measures) Act [Chapter 10:20], hereby makes the following regulations:—

Title

1.  These regulations may be cited as the Presidential Powers (Temporary Measures) (Trafficking in Persons Act ) Regulations, 2014.

Preamble

To provide for the prohibition, prevention and prosecution of the crime of trafficking in persons and protection of victims of trafficking in persons; to establish an Anti-Trafficking Inter-Ministerial Committee and provide for its composition and functions; to establish centres for victims of trafficking in persons; and to provide for matters connected with or incidental to the foregoing.

WHEREAS section 327(2) of the Constitution provides as follows:

“An international treaty which has been concluded or executed by the President or under the President’s authority—

1. does not bind Zimbabwe until it has been approved by Parliament; and
2. does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament.”

AND WHEREAS Zimbabwe signed both the United Nations Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children against Transnational Organised Crime both of which were concluded on 15 November 2000.

AND WHEREAS Article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children further provides as follows:

“Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offenses the conduct set forth in Article 3 of this Protocol were[1] committed intentionally.”