Parliament considers bills in order to exercise its legislative authority. The bill, first called a bill, then a bill, must be formally submitted to Parliament before Parliament can consider making it law. Most bills are prepared by departments under the direction of their ministers. The development of a bill involves a number of steps, such as reviewing and assessing legislative proposals and consulting with interested parties. Often, the government presents its proposals in a green paper, which is a discussion paper on policy options. It is published for comments and ideas. For civil society contributions, a submission date is usually indicated. This document forms the basis of a bill or, if the government deems it necessary, a white paper that is a comprehensive statement of government policy. Interested parties may again be invited to comment. Case law refers to previous decisions of higher courts. Precedents determine the legal status of cases heard by the courts and justify the decisions of judges in each individual case.
Conversely, precedents guide courts for future decisions in similar cases before them. Zimbabwe relied on precedents of South African origin or those of a jurisdiction where English and Roman-Dutch law are applied, as well as Rhodesian precedents. The mission statement of our Parliament of Zimbabwe is: “Make laws for the good government of the country”. However, Parliament alone cannot make good laws. Good laws are enacted only if there are procedures that allow society as a whole to participate in the legislative process. This was the thrust of the parliamentary reform agenda, which ultimately made people accountable for the laws passed. SUNY/ZIM organized this kick-off workshop as part of its capacity building programme for the Parliament of Zimbabwe. Part of the objective of this workshop is to equip Parliament staff with the appropriate skills to effectively analyze legislation and to provide portfolio committees with appropriate advice on how best to interpret and analyze legislation.
The legislator often wants to know what effects his actions will have or simply what measures are necessary. It is therefore essential that the researcher or committee secretary not only have adequate expertise in statutory interpretation, but also be able to determine what constitutes good regulation and what does not meet the minimum standards so that they can directly or indirectly influence the legislative process. The Senate was abolished in 1987 by the ruling party, ZANU PF,[7] on the grounds that it was expensive and slowed down the legislative process. Surprisingly, it was reintroduced in 2005. A stronger culture of public participation will go a long way towards creating better laws. The Constitution does not contain any provision on the procedure by which candidates for the supreme office are selected for review by the Judicial Services Commission. In addition, there are no rules or regulations governing the conduct of the selection process. The process is therefore subject to great opacity. Legislation in Zimbabwe is the process by which people say what they want about the laws of their country.
Once people have expressed their views, legislators review the proposed legislation and help prevent bad laws from being introduced. The current legislative process, in which the executive branch initiates legislation, has proven partisan, undemocratic and sometimes counterproductive to the nation. The ruling Zanu-PF party, which has a majority in parliament, has used the whip system to push through bills despite constructive criticism of some bills from lawmakers on both sides of the House. The executive therefore continued to use parliament simply to rubber-stamp its party`s policy. According to MDC lawmaker and chairman of the parliamentary committee on legal affairs, the Welsh Ncube, this has rendered Parliament`s legislative and regulatory role null and void. In an interview with a Zimbabwean weekly, The Zimbabwe Independent, Ncube said the executive branch had adopted an undemocratic culture of fast-track legislation through the whip system, without due consideration of input from parliamentary committees and relevant stakeholders. He said this could only be solved by a complete paradigm shift in government regarding the role of parliament in a democracy and the adoption of a new democratic constitution supported by the people. [16] The information in this section was compiled primarily in a December 2004 publication of the International Bar Association entitled The State of Justice in Zimbabwe. The IBA`s compilation took place at the height of the government`s chaotic land reform process, which, after thorough investigation and consultation with all areas of law, led to disregard for the rule of law. “Our parliamentary system is evolving. The introduction of portfolio committees, which were supposed to give the public a voice with their deputies, was the first step in bridging the gap between the executive and the public.
He stressed that circumstances and level of development determined critical issues and that the US system could not be compared to the situation in Zimbabwe. Over the years, however, laws such as the Electricity Act of 2000, the Broadcasting Services Act, the Public Order and Security Act, and the Freedom of Information and Protection of Privacy Act have been enacted despite criticism from legislators and interest groups. Earlier this year, officials from the Zimbabwe Broadcasting Authority told the Transport and Communications Portfolio Committee that the agency was struggling to license new players because of restrictive provisions in the law. Zimbabwe Broadcasting Holdings director Henry Muradzikwa confirmed government interference in the station when he commented on Pius Ncube`s coverage before the same committee. In the early stages of Aippa`s filing, the late Edison Zvobgo, chairman of the Judiciary Committee, criticized the provisions of the law, which led to changes, although the current law is still too broad. The process of legislative reform or enactment of new laws follows the country`s legislative practice. The process starts with line ministries going through different stages until bills are submitted to parliament for consideration before they become law. Below is an overview of these steps that must be taken before bills are submitted to Parliament. “Portfolio committee reports are often not taken into account,” he said. This is the effect of unilateral governance hostile to consultation. This dictatorial tendency is inherent in Zanu-PF, which relies more on coercion than on opening up democratic space.
“If there is not a complete paradigm shift within the government, we will continue to have this problem. We must learn from the South African parliamentary committee system, which is well organised. The committees there have much more time to criticize the bills, and the oversight there is much more intensive and effective than ours,” Ncube said. Michael Mataure, Executive Director of the Public Affairs and Parliamentary Support Fund, said parliamentary reform is a process and there is a need to educate and raise awareness of emerging trends. Mataure pointed out that executive initiative for legislation is a widespread trend around the world, except in the United States, where private motions from lawmakers are provided. It is common throughout the world for the executive branch to draw laws, policies and regulations from the ruling party`s election manifestos for review by ordinary backbenchers, who in most cases are not legal experts. Bills are drafted by legal experts in ministries or through the Attorney General`s Office and are often complex for ordinary backbenchers. “However, legislators are supposed to contribute to the proposed laws, but the executive ultimately determines the outcome, although it is obliged to adopt some recommendations. This can happen immediately or in later stages,” he said. Mataure added that stakeholders and members of the general public can still seek redress in court if they feel their rights are being violated. This is where the courts and civil society come into play to ensure checks and balances. While the executive is required to respond and make recommendations, it must be recognized that this is a process.
Zimbabwe has a hybrid or pluralistic legal system in that the current law was passed by foreign jurisdictions and introduced into the country by settlers during the colonial period. Zimbabwean law, after several years of independence, still exposes the remnants of the transplantation process of historical loss of power and colonial takeover.