BILL WATCH 43/2013

BILL WATCH 43/2013

[2nd September 2013]

Swearing-in of MPs of 8th Parliament

The swearing-in proceedings for members of the new Parliament will take place at Parliament on Tuesday 3rd September as follows:

  • ·      for members of the National Assembly, commencing at 9 am
  • ·      for Senators, commencing at 2 pm.

After members present have been sworn in, each House will proceed to elect its presiding officers – the Speaker and Deputy Speaker in the case of the National Assembly, and the President and Deputy President of the Senate in the case of the Senate [see Bill Watch 42/2013 of 27th August for more detail about these elections, who is eligible for election, who presides over the elections, etc].

Ceremonial Opening of Parliament by the President

Date not yet announced, but probably Tuesday 17th September

Update on Legislation and Government Gazette

In the closing days of the last Parliament before it expired on 28th June, five Bills were passed.  Three of them have now been gazetted as Acts, joining the Constitution of Zimbabwe Amendment (No. 20) Act which enacted the new Constitution on 22nd May.  Two other Acts still await gazetting.  [See lists below.]

2013 Acts already gazetted

Constitution of Zimbabwe Amendment (No. 20) Act [Act 1/2013] 

Gazetted:               22nd May 2013 [“publication day”]

Commencement:  22nd May [sections 1, 2 and 3 of the Act, and certain provisions of the new Constitution which was set out in the Schedule to the Act.  These provisions were specified in paragraph 3 of the Sixth Schedule to the new Constitution,]

22nd August [remainder of new Constitution]

This Act enacted the new Constitution, which is set out in the Schedule to the Act.  The entire Constitution is now in force, as indicated above.

Securities Amendment Act [Act 2/2013]

Gazetted:               30th August 2013

Commencement:  30th August 2013

This Act makes important amendments to the Securities Act, the Collective Investment Schemes Act and the asset Management Act.

Microfinance Act [Act 3/2013]

Gazetted:               30th August 2013

Commencement:  30th August 2013

This Act provides for the registration, supervision and regulation of microfinance businesses in Zimbabwe, and amends the Moneylending and Rates of Interest Act and the Banking Act.

Money Laundering and Proceeds of Crime Act [Act 4/2013]

Gazetted:               28th June 2013

Commencement:   28th June 2013

This Act was hastily gazetted on 28th June after being rushed through Parliament to comply with Zimbabwe’s obligations as a State party to the International Convention for the Suppression of the Funding of Terrorism, adopted by the General Assembly in December 1999 and approved by Parliament earlier this year [see Bill Watch 26/2013 of 25th June].

In the process, the usual proof checks were not undertaken, resulting in many textual errors appeared in the gazetted Act.  The Law Reviser has invoked his powers under the Statute Law Compilation and Revision Act to revise the Act and has gazetted a statutory instrument making extensive corrections to the text of the gazetted Act [Statutory Instrument [SI]123/2013, gazetted in a Government Gazette Extraordinary on 16th August]. This statutory instrument will be followed in due course by the publication in the Government Gazette of the revised version of the Act.  [Note: The announcement of the publication of the revised version of the Act made in General Notice [GN] 395A/2013 was premature.]

2013 Acts not yet gazetted

Only two further Acts of the Seventh Parliament await gazetting:

Electricity Amendment Act [Act 5/2013]

Income Tax Act [Act 6/2013]

Recent Statutory Instruments

Census of “establishments” from June to October

Note: According to the Census and Statistics Act, section 2, the term establishment means “an enterprise or part of an enterprise that is situated in a single location” [at which it is the main activity].

SI 113/2013 contains regulations for a census of “establishments” being carried out by the Zimbabwe National Statistics Agency [ZIMSTAT].  Most of the SI is taken up by a lengthy form listing the details to be recorded for each establishment. 

Section 3 of the regulations places responsibility for ensuring completion of forms on owner or heads of establishments: it provides that if by 30th October this year the census form has not been completed for an establishment, its owner or head must report that fact to a ZIMSTAT officer – and failure to do this within 7 days after 30th October is an offence punishable by a fine or imprisonment.  It is also an offence for the owner or head of an establishment to fail to supply the prescribed particulars.

Suppression of terrorism

Implementation of UN Security Council resolutions against Al-Qaida and the Taliban

SI 112/2013 contains regulations made by the co-Ministers of Home Affairs, with the consent of the President, under the Suppression of Foreign and International Terrorism Act.  The object is to implement UN Security resolutions 1267/1999 and 1373/2001 designed to prevent and suppress the financing of Al-Qaida and the Taliban.  The regulations:

  • ·      designate Al-Qaida and the Taliban as foreign or international terrorist organisations for the purposes of the Act, which allows any assets of the organisations in Zimbabwe to be wound up and disposed of.
  • ·      designate the Bank Use Promotion and Suppression of Money Laundering Unit of the Reserve Bank as the entity empowered to designate individuals as foreign or international terrorists and notify such designations in the Government Gazette.  This designation may trigger action against such individuals by the Attorney-General under the Money Laundering and Proceeds of Crime Act.

Collective bargaining agreements

Government schools industry  SI 127/2013 specifies wages for employees of school development associations and committees for the period 8th May to 31st December 2013.

Printing, packaging and newspaper industry  SI 114/2013 specifies wages for 2013.

Cigarette and tobacco manufacturing industry  SI 121/2013 sets out complete conditions of service for workers in the industry.  

Tourism industry  SI 124/2013 sets out complete conditions of service for the tourism industry.

Local authority by-laws

Chitungwiza Municipality  Two statutory instruments specify lodgers’ fees, service, supplementary and water charges [SI 119/2013] and rents for residential properties [SI 120/2013].

Zvishavane Town Council   SI 117/2013 enacts Hawkers and Street Vendors By-laws.  SI 118/2013 enacts Clamping and Tow-Away By-laws.

Social workers as probation officers

SI 125/2013, made by the Minister of Labour and Social Welfare under the Children’s’ Act,  provides for registered social workers to be registered with the Ministry for engagement to perform certain specified functions of probation officers for the purposes of the Children’s Act.

Telecommunications licensing

SI 122/2013 [republication with corrections of SI 115] specifies new licence fees for licences other than private radio station licences, backdated to 10th July 2013.

Toll road tolling points

SI 116/2013 specifies three new tolling points on trunk roads:

  • ·      Harare – Mutare road, 34.5 km from Harare
  • ·      Harare – Gweru road, 17km before Gweru
  • ·      Bulawayo – Victoria Falls road, 28 km before Hwange.



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