Parliament aligns laws to new Constitution

HARARE - Parliament yesterday started debating a motion to align existing legislation to the new constitution.

MDC Senators Misheck Marava and Jameson Makore moved the motion in the Senate demanding that President Robert Mugabe move with speed to bring the bills to Parliament.

Parliament will align the Declaration of Rights, the changes to the death penalty which will now only apply in more limited circumstances, such that it can be imposed only for murder committed in aggravating circumstances, and be imposed on men between the ages of 21 and 70.

This means the Criminal Procedure and Evidence Act and the Criminal Law Codification and Reform Act will have to be amended to give effect to the restrictions.

There are also freedom of expression and freedom of the media (section 61) provisions, rights of women, Citizenship Act, the National Prosecuting Authority (NPA), Provincial and Metropolitan Councils Act which have to be realigned to the new constitution.

In terms of the NPA, the new act stipulates that the current attorney-general Johannes Tomana becomes the prosecutor general, with the post of the AG becoming vacant.

The Provincial and Metropolitan Councils Act must spell out in clear terms the roles and functions of the provincial councils so as to avoid duplication and conflict with the newly appointed ministers of State for Provincial Affairs.

Comments (1)

Laws that need urgent realignment with the new Constitution and which could help improve Zimbabwe's economic fortunes are the Citizenship Act; Electoral Act; Human Rights Commission Act; Electoral Act; the Criminal Procedure and Evidence Act; the Public Order and Security Act, Access to Information and Protection of Privacy Act, Broadcasting Services Act, the Police Act and the Defence Act. Diaspora and investors need to feel secure and safe in Zimbabwe before they can start tracking to Zimbabwe. BIPPAS need to be honoured before investors can take Zimbabwe seriously. what is happening on farms - new farm seizures are proof that the Constitution has not yet been aligned with property laws of Zimbabwe. Despite adopting a new Constitution, it is still Zanu-pf law or the law of the jungle where you can seize a farm even without a valid letter.

Clifford Chitupa Mashiri - 9 October 2013

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