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SENATE HANSARD - 21 JANUARY 2014 VOL. 23 NO. 24

PARLIAMENT OF ZIMBABWE

Tuesday, 21st January, 2014

The Senate met at Half-past Two O’clock p.m

 

PRAYERS

(THE DEPUTY PRESIDENT in the Chair)

ANNOUNCEMENTS BY THE DEPUTY PRESIDENT

INVITATION TO A SPECIAL MASS

THE DEPUTY PRESIDENT: I have to inform the House that the Roman Catholic Church has scheduled a special dedication mass for members of the Eighth Parliament of Zimbabwe, in Particular, the Catholics, at the Roman Catholic Cathedral, Corner 4th Street and Herbert Chitepo Avenue, Sacred Heart Cathedral, on Wednesday, 22nd January, 2014, at 1700hours. All members are invited to attend.

MDC SENATORS

THE DEPUTY PRESIDENT : I also have to inform the Senate that all hon. senators from the MDC party are requested to remain in the Chamber after adjournment.

SWITCHING OFF OF CELL PHONES

THE DEPUTY PRESIDENT : I have to remind hon. senators to switch off their cell phones before business commences.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

First Order read: Adjourned debate on motion in reply to the Presidential Speech.

Question again proposed.

SENATOR MATHUTHU : I move that the debate do now adjourn.

SENATOR MLOTSHWA : I second

Motion put and agreed to.

Debate to resume: Wednesday, 22nd January, 2014.

MOTION

ALIGNMENT OF LAWS TO THE CONSTITUTION

Second Order read: Adjourned debate on motion on the harmonization of existing legislation with the Constitution of Zimbabwe.

Question again proposed.

SENATOR TIMVEOS : Thank you Mr. President. I want to thank Hon. Marava the mover of this motion and Hon. Makore the seconder of this motion.

Zimbabwe wrote a New Constitution which was overwhelmingly endorsed at the Referendum held on 16 March, 2013. Our delays as the Eighth Parliament to bring existing legislation into conformity with the new charter have not been well received, as citizens are now speculating over the motives. The delay as signifying a lack of political will to have citizens enjoy the benefits of the New Constitution dispensation.

We read the delay in harmonising or operationalising the New Constitutional provisions with all our laws as a lack of the required sense of urgency and political willingness to create a transparent, accountability, democracy and human rights respecting Government. I would like to encourage Government to ensure serious commitment to create a better human rights and democracy framework for our citizens.

The Government has not started aligning laws; the delay is impacting on people’s enjoyment of their constitutional rights and causing confusion in certain government sectors. The delay is adversely impacting on the meaningful realisation of human rights by citizens and delivering of justice. In terms of the New Constitution, the Attorney General became the Prosecutor General. The absence of the new law makes the Prosecutor General double up as Attorney General and Prosecutor General. Sweeping changes are also expected in Local Government laws in line with section 264 which provides adjustments to suit and expand a bill of rights. The delay has led to the continued reliance by Government on laws whose value Zimbabweans rejected by way of a New Constitution dispensation, this is regrettable.

Also the National Prosecuting Authority cannot charge anyone under the old POSSA or AIPA laws because they are not in sync with the New Constitution. For the avoidance of doubt, let us focus on laws that are prescribed in the Constitution, going forward, it will be unfortunate if the Government continues to select what laws to re-align and what laws to retain or defer the re-alignments.

The moment the Constitution was signed into law, that very minute, all laws that were inconsistent with it fell-away. There was no need for us to give time-line for aligning new laws to the Constitution because the alignment was automatic. Thank you.

SENATOR MATHUTHU : I move that the debate do now adjourn.

SENATOR MUCHIHWA: I second.

Motion put and agreed to.

Debate to resume: Tuesday, 22nd January, 2014.

MOTION

BUSINESS OF THE SENATE

SENATOR NCUBE: I move that Order of the Day Number 3 be stood over until Order of the Day Number 4 has been disposed of.

SENATOR MARAVA: I second.

Motion put and agreed to.

MOTION

CANCER TREATMENT POLICY

Fourth order read: Adjourned debate on motion on cancers.

Question again proposed.

SENATOR MATHUTHU: I move that the debate do now adjourn.

SENATOR MAWIRE: I second.

Motion put and agreed to.

Debate to resume:Wednesday, 22nd January, 2014.

On the motion of SENATOR MATHUTHU , seconded by SENATOR HOLLANDthe Senate adjourned at Ten Minutes to Three o’clock p.m.

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Senate Hansard Vol. 23 SENATE HANSARD - 21 JANUARY 2014 VOL. 23 NO. 24