Veritas Bill Watch Special of 7th February 2010 [Parliamentary Committee Meetings 8th - 12th February]

BILL WATCH SPECIAL

[7th February 2010]

See End for Brief Summaries of Last Weeks Meetings of: the Portfolio Committee on Justice, Legal Affairs, Constitutional and Parliamentary Affairs hearing of oral evidence from the Chief Magistrate and Attorney General on the state of the justice delivery system; and, the Portfolio Committee on Mines and Energy meeting with the Minerals Marketing Corporation of Zimbabwe, Minerals Unit Zimbabwe Republic Police and Zimbabwe Mining Development Corporation.

House of Assembly Portfolio Committees and Senate Thematic Committees: 8th to 12th February

The meetings listed below are open to members of the public, but as observers only, not as participants.  [See note at the end of this bulletin on public attendance/participation at different types of committee meetings.] Meetings of wide public interest are the Portfolio Committee on Defence and Home Affairs which will be hearing from Hon Gonese on his POSA Amendment Bill;  and, the Portfolio Committee on Mines and Energy which will be hearing from the Zimbabwe Mining Development Corporation.

Monday 8th February at 10 am

Portfolio Committee: Transport and Infrastructure Development

Oral evidence from Air Zimbabwe board members, Committee Room No. 1

Chairperson:  Hon Chebundo                         Clerk:  Ms Macheza

Portfolio Committee: Defence and Home Affairs

Oral evidence from Hon Gonese on his POSA Amendment Bill, Committee Room No. 2

Chairperson:  Hon Madzore                            Clerk:  Mr Daniel

Public Accounts Committee

Oral evidence from Ministry of Health and Child Welfare, Committee Room No. 4

Chairperson:  Hon Mashakada                        Clerk:  Mrs Nyawo

Portfolio Committee: Natural Resources, Environment and Tourism

Oral evidence from Minister on resolutions of Copenhagen Climate Change Summit, Committee Room No. 311

Chairperson:  Hon P. Dube                             Clerk:  Mr Munjenge

Portfolio Committee: Mines and Energy

Oral evidence from Zimbabwe Mining Development Corporation, Committee Room No. 413

Chairperson:  Hon Chindori-Chininga             Clerk:  Mr Manhivi

Monday 8th February at 2 pm

Thematic Committee: Gender and Development

Oral evidence from Ministry of Youth, Committee Room No.  3

Chairperson:  Hon Chitsa                                Clerk:  Mrs Khumalo

Portfolio Committee: Budget, Finance, Economic Planning, Investment Promotion

Oral evidence from the Secretary for Finance on the budget calendar, Committee Room No. 4

Chairperson:  Hon Zhanda                              Clerk:  Mr Ratsakatika

Portfolio Committee: Justice, Legal Affairs, Constitutional, Parliamentary Affairs

Oral evidence from councillors of the Law Society of Zimbabwe, Committee Room No. 413

Chairperson:  Hon T. Matutu                            Clerk:  Miss Zenda

Tuesday 9th February at 9 am

Portfolio Committee on Agriculture, Water, Lands and Resettlement

Oral evidence from Mr. Mvududu and ARDA board, Committee Room No. 4

Chairperson:  Hon Jiri                                      Clerk:  Miss Mudavanhu

Tuesday 9th February at 10 am

Thematic Committee: MDGs

Oral evidence from Ministry of Labour and Public Service, Committee Room No.  1

Chairperson:  Hon Chief Mtshane                   Clerk:  Mrs Nyawo

Portfolio Committee: Health and Child Welfare

Oral evidence from Ministry officials on 2010 budget priorities and targets, Committee Room No. 1

Chairperson:  Hon Parirenyatwa                      Clerk:  Mr Ndlovu

Portfolio Committee: Foreign Affairs, Regional Integration, International Trade

Oral evidence from CEO of Zimbabwe Investment Authority, Committee Room No. 3

Chairperson:  Hon Mukanduri                          Clerk:  Ms Macheza

Thursday 11th February at 10 am

Thematic Committee: Human Rights

Meeting with Minister of Justice and Legal Affairs, Committee Room No. 2

Chairperson:  Hon Marava                               Clerk:  Ms Macheza

Portfolio Committee: Media, Information and Communication Technology

Oral evidence from Information Society Initiatives Trust, Committee Room No. 413

Chairperson:  Hon Chimanikire                       Clerk:  Mrs Nyawo

Thursday 11th February at 11 am

Thematic Committee: Indigenisation and Empowerment

Oral evidence from officials of Gulf Complex and Cross Border Traders Association, Government Caucus Room

Chairperson:  Hon Mutsvangwa                      Clerk:  Mr Ratsakatika

Bill Watch 5/2010 of 6th February 2010 [SA Facilitation Team and President Zuma Expected in Harare]

The House of Assembly sat this week

Both the House of Assembly and the Senate will sit on 9th February

Update on Inclusive Government

Top Executive Meeting: The President, the Vice-Presidents, the Prime Minister and the two Deputy Prime Ministers met on Friday 5th February. Their discussions included the constitutional commissions [see below] and the circular from the President's office on Vice-Presidential responsibilities.  There was no agreement on stopping farm evictions or proceeding with the land audit.

Cabinet Circular on Vice-Presidential Functions: The Chief Secretary to the President and Cabinet, Misheck Sibanda, issued a circular to Ministers dated 25th January directing them to report to the Vice-Presidents, who would assist the President in their "supervision and management".  MDC-T have interpreted this as undermining the Prime Minister's authority, as under Article 20 of the GPA as enshrined in Constitution Amendment No. 19, the Prime Minister "shall oversee the formulation of government policies by the Cabinet" and "shall ensure that the policies so formulated are implemented by the entirety of government".  Tendai Biti, speaking for MDC-T, rejected the circular as "unconstitutional, null and void".

The National Security Council [NSC] met on Friday 5th February for the second time since its establishment nearly a year ago.  Under the NSC Act the Council should have been meeting monthly.

JOMIC's first annual review of progress on GPA implementation and achievements is due soon under GPA Article 23, 13th February being the anniversary of the formation of the Inclusive Government.  Co-chair and spokesman Welshman Ncube has said a report is being prepared and will be made public.

GNU faces problems with striking workers: The civil service decision to strike may trigger strikes in other sectors and there is insufficient revenue to satisfy demands, but salaries well below the cost of living index are seen as a failure by the GNU to deliver on peoples' expectations.  The situation is exacerbated by the Famine Early Warning Network's estimate that over a million Zimbabweans need food aid over the next two months.

Negotiations on GPA Disputes: The negotiators from the three parties are due to meet again on Monday 8th February.  The South African facilitation team is expected in Harare the same day to assess the position and report back to President Zuma ahead of a visit by him to Harare tentatively scheduled for 13th February.  Mr Tsvangirai has said "I have said to our party representatives let's finalize this, let's not procrastinate ....let's see what we have agreed and what we have not agreed....Therefore we are able to say to President Zuma and SADC that ZANU-PF is refusing to implement and therefore as far as we are concerned the only solution is that let's agree on a road map to an election."

Update on Constitutional Commissions

The Prime Minister has said that Friday's executive meeting confirmed Judge Simpson Mtambanengwe as chairperson of the Zimbabwe Electoral Commission [ZEC] and Professor Reg Austin as chairperson of the Zimbabwe Human Rights Commission [ZHRC] and that members of those commissions and the Zimbabwe Media Commission [ZMC], would be sworn in this coming week.  Commission members-designate have not, however, received any official notification of their appointments.

Parliamentary Update

POSA Amendment Bill [Mr Gonese's Private Member's Bill] had its First Reading on Tuesday afternoon and was referred to the Parliamentary Legal Committee to check that it conforms with the Constitution.  It is also under consideration by the House's Portfolio Committee on Defence and Home Affairs.  At the committee's first  meeting on the Bill, the Permanent Secretary for Home Affairs Melusi Matshiya, said that the proposed amendments would "weaken the police force and make their operations ineffective" and Police Commissioner Mubatapasango claimed they would "put State security at risk".  The committee have invited Hon Gonese to their next meeting at 10 am on Monday 8th February to defend his Bill [the meeting will be open to the public].

Bill Watch 4/2010 of 30th January 2010 [Recent CourtCases Affecting Governance and Rule of Law]

Recent Court Cases Affecting Governance and Rule of Law

Court Cases affecting Elections

On Voting Procedures for the Visually Impaired:  On 28th January the Supreme Court struck down section 60 of the Electoral Act, which requires polling station officials to assist visually impaired voters to mark their ballot papers.  The court said this was inconsistent with the constitutional right of citizens to vote in secret [Constitution, section 23A, a provision added by Constitution Amendment No. 19 in February 2009].  This means the Electoral Act will have to be amended to allow visually impaired voters to vote in secret - suggested methods include being assisted by a trusted person of the voter's own choice, Braille ballot papers or other measures that have been adopted in other countries.