BILL WATCH 9/2023
[18th February 2023]
Bills in Parliament This Week
Both Houses in Recess Next Week – Returning on 28th February
Both the Senate and the National Assembly sat this week on, Tuesday 14th, Wednesday 15th and Thursday 16th February. At the end of Thursday’s sittings, both Houses adjourned until Tuesday 28th February.
Tuesday 14th February
NATIONAL ASSEMBLY
Bills
Insurance and Pensions Commission Amendment Bill [link]
The House approved a motion moved by the Minister of Finance and Economic Development restoring this Bill to the Fifth Session Order Paper. It was a Bill that lapsed at the end of the Fourth Session. Restoration was at the stage the Bill had reached previously, which was the beginning of the Committee Stage. For comments on the Bill see Bill Watch 5/2022 [link] containing Veritas comments on the Bill, and the Portfolio Committee’s report on the public hearings [link]. It heads the Order Paper for Wednesday 15th February after Question Time and Private Members’ business.
Judicial Laws Amendment Bill as amended [link]
After the House formally considered the PLC’s non-adverse report on the Committee Stage amendments by finally adopting the amendments, the Bill was given its Third Reading and transmitted to the Senate.
Child Justice Bill [link] – the Committee Stage proceeded smoothly and the Bill was approved without amendments. The Bill was immediately, given its Third Reading and sent to the Senate in its original form.
Medical Services Amendment Bill [link] – the Deputy Minister for Health and Child Care, Hon Dr Mangwiro, delivered the speech by Vice-President Chiwenga. Veritas has commented on the Bill [link].
Mines and Minerals Bill [link] – Votes and Proceedings gave notice that the Minister of Mines and Mining Development, Hon Chitando, would present this Bill at the first opportunity on Thursday 16th February. The Bill was gazetted on 3rd February.
SENATE
Bills received
The Deputy President of the Senate announced the receipt of three bills from the National Assembly, sent to the Senate during its recess: None of these Bills was dealt with on Tuesday:
National Security Council Bill as amended [link] sent 2nd February
Police Amendment Bill as amended [link] – sent 9th February.
Institute of Loss Control and Private Security Managers Bill as amended – sent 8th February.
Draft New Standard Scale of Fines approved
On the motion of the Minister of Justice, Legal and Parliamentary Affairs, the Senate approved the new Standard Scale of Fines proposed by the Minister. Because it has already approved by the National Assembly on 18th January, the Senate approve clears the way for the Minister to gazette the new scale of fines in a statutory instrument [SI] under the Criminal Law Code as soon as he wishes. The new fines will not come into force until the SI is gazetted. Even then, the new fines will only apply prospectively, i.e., to offences committed on or after the date the SI comes into force.
Motions
The two new motions on the Order Paper were moved by Senators Hons S. Mpofu and A. Dube, respectively;
- on sustainable management of waste in cities and towns;
- on measures to combat increased human trafficking, particularly in women and girls.
Wednesday 15th February
NATIONAL ASSEMBLY
Bills
No Bills were dealt with during the afternoon’s sitting.
Question Time
There were important questions asked and answered by Ministers and Deputy Ministers during National Assembly Question Time on 15th February and Senate Question Time on 16th February. But because of their length they will be in a following bulletin.
Ministerial statement on management of leakages of ZIMSEC O Level Question Papers
After Question Time the Minister of Primary and Secondary Education, Hon E. Ndlovu, delivered her Ministerial statement on this subject. The statement and MPs’ requests for clarification from the Minister took up the rest of the sitting, which ended with the adjournment to Thursday at 6.08 pm.
SENATE
Bills received from National Assembly
It was announced that another two Bills had been received, both Bills having been finally passed by the National Assembly on Tuesday [see above]: These were not dealt with on Wednesday.
Judicial Laws Amendment Bill as amended [link]
Child Justice Bill [link] – this had not been amended by the National Assembly, so it is in its original form.
Bills passed
The three Bills that were received on Tuesday were all passed – all without amendments added by the Senate to those already made by the National Assembly.
National Security Council Bill as amended [link]
The Minister of Justice, Legal and Parliamentary Affairs, on behalf of the Minister Defence and War Veterans’ Affairs, delivered the opening Second Reading speech explaining the objectives of the Bill, which is required by the Constitution. Senators made no contributions to the debate and the Bill duly received its Second Reading, before the Bill sailed through its Committee Stage, without amendment or debate, and was given its Third Reading.
Police Amendment Bill as amended [link]
Once again, Hon Ziyambi played the part of the responsible Minister on behalf of the Minister of Home Affairs and Cultural Heritage, Hon Kazembe, and delivered the Second Reading speech, which stressed that the principal Police Act needed many changes to align it with the Constitution, which envisages a professional and effective Police Service under civilian authority, not a Police Force. The Police Act as amended by the Bill when it becomes law, will refer, for instance, to the Police Service. Three Hon Senators – Komichi, Tongogara and Mavetera – made contributions to the debate supporting the Bill, but said that police officers would need training about effect of the new amendments. The Minister agreed that training would be needed to familiarise police officers with the aligned Act and stressed that the Constitution is the supreme law and that Acts of Parliament are invalid to the extent of any inconsistency with the Constitution. The Bill was then given its Second Reading, after which it went through its Committee Stage without discussion or amendment and was given its Third Reading without objections.
Institute of Loss Control and Private Security Managers Bill as amended
Hon Murire, a National Assembly MP, was present in the Senate chamber to steer his Private Member’s Bill through the Senate. He presented his Second Reading speech and Senators approved the Second Reading without making contributions. The Bill went through the Committee Stage without discussion or amendment and was given its Third Reading without objections.
Thursday 16th February
NATIONAL ASSEMBLY
Bills
Mines and Minerals Bill [link]
The Minister of Mines and Mining Development, presented this Bill. It is 352 pages long and the accompanying explanatory memorandum takes up another 36 pages.
Electoral Amendment Bill [link]
Hon Gonese made an eloquent and lengthy contribution to the Second Reading debate. He criticised the Bill for being limited to alignment with Constitution Amendment No. 2 of 2021, to the exclusion of general electoral reforms and suggested that there is still time for a new Bill be prepared which includes such reforms. Several other Opposition MPs also contributed to the debate.
Medical Services Amendment Bill [link]
As on Tuesday, when the Deputy Minister for Health and Child Care, Hon Dr Mangwiro, delivered the Second Reading speech on behalf of Vice-President Chiwenga, Dr Mangwiro was present for the resumption of the Second Reading stage.
Hon Kwaramba presented the report of the Portfolio Committee on Health and Child Care [link]. It is a very detailed and comprehensive document presenting the numerous suggested amendments submitted to the committee at the public hearings and in formal written submissions that came from members of the public, health sector practitioners and businesses who provide private hospitals, clinics and medical services.
Hon Dr Labode was the first of numerous MPs to make contributions to the ensuing debate; she made a special plea for children under 16 who are sexually active to be allowed to access health and family planning services without parental permission, claiming the present rule requiring such permission is a major cause of sexual transmitted diseases and teenage pregnancies – because no child will discuss such matters with its parents. She was supported in this by some other MPs who spoke.
Hon Dr Mangwiro wound up the debate and the Bill was given its Second Reading. He firmly disagreed with Hon Labode’s suggestion on access for children under 16 to family planning services without parental permission.
Veritas has commented on this Bill [link].
Other business
PAC Report: Non-compliance by Some Local Authorities with regards to Submission of Financial Statements to the Auditor-General
[A copy will be available on the Veritas website as soon as possible.]
SENATE
Bill
Judicial Laws Amendment Bill as amended
After Question Time the Minister of Justice, Legal and Parliamentary Affairs delivered his Second Reading speech. In the debate that followed several Senators raised their doubts about the advisability of having virtual hearings when the country may not at this stage be ready for them. The Minister then replied to points raised and the Bill was given its Second Reading.
The Committee Stage started immediately and clauses 1 to 4 were agreed to without discussion. It was only when clause 5 was reached that it became apparent that Senators did not have access to the Bill as amended by the National Assembly, which they were meant to be considering. As these amendments were important, the Minister suggested that the Committee Stage.
