Laws alignment to take two years

THE alignment of existing laws with the new Constitution may take up to mid 2015, the Clerk of Parliament Austin Zvoma, has said.
While the country adopted a new Constitution last year, its provisions need to be in tandem with more than 100 pieces of legislation.
It has therefore become imperative that a harmonisation process be undertaken to bring the laws into harmony with the new charter.Since the adoption of the new Constitution, government has been accused of not showing political will in dealing with the matter urgently.
Several calls through Parliamentary motions by various representatives and also by lobby groups have been made for the harmonisation exercise to be undertaken with haste.
But in an interview with the Financial Gazette, Zvoma said the process may spill into 2015.

“The business of harmonisation of the laws with the new Constitution may be ongoing for the first two sessions of Parliament,” Zvoma said.
He however, does not believe that the delay would have any negative impact on anyone.

“Delays in the harmonisation process will not prejudice the citizens. Those sections of the law which are inconsistent with the new Constitution will be (deemed) null and void,” Zvoma said, adding the process would see some laws being harmonised earlier than others according to priorities identified by government.
Harare West Member of Parliament, Jessie Majome, accused government of not demonstrating the requisite political will on this matter.
“The more the delay, the greater the threat of Zimbabwe not ever adopting a culture of the rule of law. Lawlessness and unconstitutionality is fast becoming normal,” she said.
“I definitely see  problems in aligning the law to the new Constitution. The fact that (nine) months after the new Constitution came into force it’s not done is a problem in itself, with or without change of government — because it’s a technical matter, not a political one,” she said.

Without a sitting Attorney General (AG) to oversee the process following the movement of Johannes Tomana to become Zimbabwe’s first ever Prosecutor General, Majome also fears that the harmonisation process might lack direction due to the absence of government’s top lawyer.

“There is even no AG to superintend this process,” Majome said, adding that the process might also drag on due to lack of funds.
“Further, I doubt that the government is willing and able to provide for this alignment in the budget, because it has serious financial implications — new institutions will have to be created or some changed,” she said.

Job Sikhala, the MDC99 leader and Priscilla Misihairabwe-Mushonga of the Movement for Democratic Change are among those who believe underfunding could handicap the process.

“It’s really, really bad, as you see Parliament has had to cut down on the days of sitting because it obviously is struggling financially. What drives Parliament are the committees and if these are not sitting as often very little oversight can be done. It certainly is worse than the period of the inclusive government. Remember, the last session is when Parliament passed many bills so this time more (time is) needed because many new laws and alignments are needed given that we have a new Constitution,” said Misihairabwi-Mushonga.
The Ministry of Justice, Legal and Parliamentary Affairs has previously said that consultations and initial work to synchronise the laws with the new charter has commenced.
The work involves collaborative work with ministries and other stakeholders.

So far, government has gazetted the Electoral Amendment Bill, H.B 7, 2013 that will amend the Electoral Act so that it conforms with the dictates of the new supreme law.
Several statutes pertaining to sections on rights to life, rights of arrested, detained and accused persons, freedom of expression and media, rights of women, citizenship, the National Prosecuting Authority, provincial and metropolitan councils as well as enabling Acts for new commissions, among others, are among the laws that should speedily be aligned to the new charter.
newsdesk@fingaz.co.zw