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BILL WATCH 21/2015

[15th June 2015]

Both Houses of Parliament Will Continue Sitting This Week

By-elections Results: All 16 Seats to ZANU-PF

ZANU-PF was victorious in all 16 by-elections held on Wednesday 10th June.  It retained its Headlands and Hurungwe seats [previously held by former party members Mutasa and Mliswa] and also gained all 14 seats previously held by former MDC-T members.  The successful candidates may well be sworn in as MPs this week, depending on the Zimbabwe Electoral Commission [ZEC] having officially informed Parliament of the results. 

The new members of the National Assembly, grouped according to province and constituency, are:

Bulawayo Metropolitan Province

Lobengula:  Maideyi Mpala;  Luveve:  Ntandoyenkosi Mlilo;  Makokoba:  Tshinga Judge Dube;  Pelandaba /Mpopoma:  Joseph Tshuma;  Pumula:  Godfrey Malaba Ncube

Harare Metropolitan Province

Dzivaresekwa:  Omega Sipani-Hungwe;  Glen View South:  Pius Madzinga;  Harare East:  Terence Mukupe;  Highfield West:  Psychology Maziwiza;  Kambuzuma:  Tinashe Maduza;  Kuwadzana:  Betty Nhambu

Manicaland Province

Chikanga-Dangamvura:  Isau Fungai Mupfumi;  Headlands:  Christopher Peter Chingosho

Mashonaland West Province

Hurungwe West:  Keith Never Guzah

Matabeleland North Province

Tsholotsho North:  Jonathan Nathaniel Moyo

Midlands Province

Mbizo:  Vongaishe Mupereri.

Note:  Mr Mliswa asked the Electoral Court to postpone the by-election in his former constituency of Hurungwe West on the grounds of ZANU-PF violence and intimidation of his supporters.  His application failed because the respondents had not been given sufficient notice.  In a ruling given the day before the by-elections, Justice Uchena confirmed that the Electoral Court had jurisdiction to delay an election for good cause, but postponed the matter for ten days.

More ZANU-PF Vacancies in the National Assembly

On 22nd May ZANU-PF announced the expulsion from the party of three members of the National Assembly, Ray Kaukonde [Marondera Central], David Butau [Mbire] and Kudakwashe Bhasikiti [Mwenezi East], and two Senators, Olivia Muchena and Dzikamai Bhasikiti. 

On 9th June the Speaker announced the death earlier that day of Amos Midzi, ZANU-PF member for Epworth.

On by-election day, 10th June, ZANU-PF notified the Speaker of the Kaukonde, Butau and Bhasikiti expulsions.  The next day, 11th June, the Acting Speaker announced in the National Assembly that the three seats were vacant.  The announcement acknowledged receipt of urgent High Court applications by Mr Bhasikiti and Mr Butau to interdict declarations that their seats were vacant, but asserted that as no court orders had been granted, the mere filing of court applications could not stop the Speaker from carrying out the duty to give effect to the party’s notification in terms of section 129(1)(k) of the Constitution [full text of announcement available from the addresses given at the end of this bulletin]. 

Comment:  This stance on the effect of the court applications may seem inconsistent with the position initially taken last year by the Speaker and the President of the on the expulsions of 21 MDC-T MPs, when both presiding officers cited pending court action by the expelled MPs as the reason for not announcing vacancies. 

No announcement on Senators expelled from ZANU-PF:  There was no announcement in the Senate about the seats of Senators Muchena and Mavhaire.  

Update on Other Parliamentary Vacancies

National Assembly 

After the by-elections, there remain 4 party-list vacancies [3 MDC-T and 1 ZANU-PF] and 5 constituency vacancies [Mudzi West and the four new vacancies mentioned above]. 

On 15th May ZEC gazetted the names of the nominees put forward by MDC-T for its three vacant party-list seats on and allowed 14 days for objections from the public [GN 163/2015].  If no valid objections have been lodged, ZEC must gazette a final notice declaring the nominees appointed as MPs with effect from the date of that final notice [Electoral Act, section 39(7)].  The nominee for the ZANU-PF vacancy has not yet been gazetted.

Senate

There are four party-list vacancies, all in MDC-T seats.  The party’s nominees for these seats were also gazetted by ZEC on 15th May [GN 162/2015], with 14 days allowed for objections from the public.  As with the National Assembly party-list vacancies [see above], ZEC’s final notice is now awaited.

AU Mid-Year Summit in South Africa

The 25th Summit of the African Union has been in progress in Sandton, South Africa for the last seven days and is due to end today, 15th June.  Preliminary meetings at ambassadorial and Ministerial level preceded the two-day Assembly of Heads of State and Government which commenced yesterday and continues today.  The event was to have been held in Chad but concerns about the security situation in that country led to a change of venue.  The Summit Theme is “Year of Women Empowerment and Development Towards Agenda 2063”.  President Mugabe is chairing the Assembly of Heads of State and Government as AU chairperson, a position he will hold until the end of January 2016. 

Apart from agenda items on the Summit theme, issues for discussion will have included armed conflicts in member States, the AU stance on the International Criminal Court [ICC] [an issue rendered particularly topical by a South African High Court order on 14th June prohibiting Sudanese President Bashir from leaving South Africa pending a court decision on whether or not he should be arrested in terms of an ICC warrant for his arrest], AU funding, presidential term limits [also topical, in the light the Burundi President’s current insistence on running for a third term] and xenophobic attacks on foreigners in the host country.  Also on the agenda are many routine matters, including confirmation of the election of three new members of the African Commission on Human and Peoples Rights.

In Parliament Last Week

National Assembly

New member sworn in Mr David Musabayana, the new ZANU-PF member for Wedza North, was sworn in on 9th June, following his victory in the by-election held on 15th May.

Bills No Bills were brought up, but:

• Vice-President Mnangagwa, in answer to a question on Wednesday afternoon, said he would be introducing the General Laws Amendment Bill on 16th June

• Vice-President Mphoko, during his maiden speech, said he would introduce the National Peace and Reconciliation Commission Bill before the end of the session.

Non-adverse reports from the Parliamentary Legal Committee [PLC] On 11th June non-adverse PLC reports were announced on the Public Debt Management Bill and the Marondera University of Agricultural Sciences and Technology Bill, clearing the way for Second Reading debates to proceed on both Bills. 

Senate

New Standing Rules and Orders approved

On 11th June the Senate adopted its new Standing Rules and Orders. 

Coming up in Parliament This Week

National Assembly

Bills 

[all available from the addresses given at the end of this bulletin]

Bills due for First Reading and Referral to Parliamentary Legal Committee

• Joint Ventures Bill

• General Laws Amendment Bill

Bills awaiting continuation/commencement of Second Reading Stage

• Gender Commission Bill   [awaiting presentation of report by the Portfolio Committee on Women’s Affairs, Gender and Community Development following its public hearings on the Bill]

• Public Debt Management Bill [awaiting Second Reading speech from Minister of Finance and Economic Development]

• Marondera University of Agricultural Sciences and Technology Bill [awaiting Second Reading speech from Minister of Higher and Tertiary Education, Science and Technology Development]

Bill still with Parliamentary Legal Committee

• Criminal Procedure and Evidence Amendment Bill [referred to PLC 12th May]

Bills previously gazetted, still awaiting notice of presentation

• Biological and Toxin Weapons Crimes Bill [gazetted January last year]

Motions   New motions await presentation by their movers:

• a motion calling on the Government to amend the Water Act; to give commercial farmers on resettlement land a fresh start by writing off outstanding water and electricity bills [said to be outrageously high]; and to formulate a “more people-oriented water policy” for farmers

• a motion for adoption of the new Standing Rules and Orders which were approved by the CSRO on 8th June

Uncompleted debates on other motions await further contributions, Ministerial responses and winding-up.

Question Time [Wednesday] 85 questions with notice await Ministers.  More could be added before Wednesday.

Senate

Bills No Bills are expected to reach the Senate for some time. 

Motions Item 1 on the Order Paper for Tuesday is a take note motion on the report of a Parliamentary delegation to an Inter-Parliamentary meeting in Hanoi, Vietnam, at the end of March.  Uncompleted debates a number of other motions await completion. 

Question Time [Thursday] 12 questions with notice await Ministers.  More could be added before Thursday.

Government Gazette 12th June

Demonetisation of Zimbabwean notes and coins

“Demonetising” notes and coins means they are no longer legal tender.

The President has gazetted a notice [SI 70/2015] demonetising, with effect from 12th June [date the notice was gazetted]:

• all notes and coins issued by the Reserve Bank of Zimbabwe [RBZ] before 2008 [with no provision for payment for surrendered notes and coins]

• all notes and coins issued by the RBZ in 2008 and 2009 [with provision for payment for surrendered notes and coins].

The RBZ will pay in US dollars for some of the demonetised notes [but not for coins] if surrendered before the end of September 2015.  The rates are listed in the Schedule to SI 70/2015.  RBZ press statements have said commercial banks, building societies, ZIMPOST and the Peoples Own Savings Bank will act for it in this part of the exercise.

There is also provision for payment for credit balances in accounts held with banking institutions as at 31st December 2008, at a flat rate of US $5.00 for balances up to 175 quadrillion Zimbabwe dollars, and above that amount at the rate US $1.00 to 35 quadrillion Zimbabwe dollars.

Note on bearer cheques  As bearer cheques were demonetised at the end of 2008, SI 70/2015 does not cover bearer cheques.

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