PARLIAMENT MUST URGENTLY ALIGN LAWS TO THE NEW CONSTITUTION

The Centre for Community Development in Zimbabwe (C.C.D.Z) is deeply concerned with the slow pace of the harmonization of laws with the new Zimbabwe Constitution. More than 400 laws need to be aligned with the Constitution. However, only the Electoral Bill has been passed to date.

Despite the inclusion of progressive provisions on the freedom of assembly and access to information in the new Constitution,  laws such as the Public Order and Security Act (POSA), the Access to Information and Protection of Privacy Act (AIIPA) and others with provisions that infringe on the rights and freedoms of citizens are still operational. Stringent Local Government Laws which affect ordinary Zimbabweans on a day to day basis are also still in place and the democratization of Local governance needs to be prioritized in the harmonization process.

While  commending government for the the establishment of the Zimbabwe Human Rights Commission (ZHRC),CCDZ is concerned at the slow progress in the establishment of other Independent Commissions as provided for in Chapter 12 of the new Constitution. Of particular concern is the delay in the establishment of the Zimbabwe Gender and the National Peace and Reconciliation Commission (NPRC). CCDZ is equally concerned that adequate funding is not being provided to allow the ZHRC to deliver on its mandate.

We urge the government to adhere to standards prescribed in the  Paris Principles of 1991 that govern the establishment of Independent Commissions in terms of composition, powers and functions. These standards include but are not limited to the following:-

• The Commissions must be established in accordance with relevant Acts of Parliament;
• The Commissions must adhere to the principles of separation of powers;
• The Commissions must have pluralistic and representative composition;
• The Commissions must be provided with adequate funding to allow them to execute their mandate;
• The Commissions must be independent from executive control.

Parliament must effectively play its oversight role by ensuring an expeditious alignment of laws to the new constitution as well as in the appointment of women and men of integrity to the Independent Commissions. The appointment of commissioners must be based on merit, not political affiliation.

We recommend that the following key issues be taken into consideration in the harmonization of laws and establishment of the National Commissions:

• An allocation has to be made in the 2015 national Budget for the harmonization of laws as well the establishment of Independent Commissions;
• The harmonization of laws needs to be time bound for the purposes of accountability.  Lessons can be drawn from the Kenyan experience.
• There must be adherence to international and regional best practices in the drafting of new laws as well as in the establishment of Independent commissions;
• Access to information on the harmonization of laws process must be enhanced to ensure adequate public scrutiny and participation;
• An independent monitoring body should be established for purposes of monitoring progress in the harmonization of laws, creation and operation of Independent Commissions.  Reference is made to the Commission on the Implementation of the Constitution in Kenya;
• The harmonization of laws needs to be more participatory and inclusive to ensure input from all stakeholders;

A successful harmonization of the country laws to the new constitution and an effective establishment and operation of Independent Commissions will make strides towards enhancing informed and meaningful citizen participation in governance processes.

Issued by the Centre for Community Development in Zimbabwe (CCDZ)

Chairperson – Mr. Earnest Mudzengi

Executive Director– Mr. Phillip Pasirayi

Tel: +263 -4 776038

Mobile: +263 772 697782