Bill Watch 38 of 9th November 2009 [MDC-T to"Re-engage" in the Inclusive Government]
BILL WATCH 38/2009
[9th November 2009]
Both the House of Assembly and Senate will sit this week
SADC Organ Troika Meeting
This meeting took place in Maputo last Thursday, 5th November. It was chaired by President Guebuza of Mozambique, the Organ Troika chairperson. Other Troika members attending were the King of Swaziland and the Zambian Minister of Defence representing the Zambian President. Also present were South African President Jacob Zuma and Executive Secretary of SADC, Dr. Tomaz A. Salomao. [SADC Chairperson President Kabila of DRC did not attend, but returned to the DRC from Harare the day before the meeting; he was represented by the DRC Ambassador to South Africa.]. The three GPA principals President Mugabe, Prime Minister Tsvangirai and Deputy Prime Minister Mutambara made presentations in the plenary session before the Summit went into closed session. The three countries on the agenda were Madagascar, Lesotho and Zimbabwe. The Summit communiqué deals with the Zimbabwe situation as follows:
“11.(i) the parties should fully comply with the spirit and letter of the GPA and SADC Summit decisions of 27 January 2009;
(ii) the parties should not allow the situation to deteriorate any further;
(iii) the parties to engage in a dialogue in order to find a lasting solution to the outstanding issues towards the full implementation of the GPA;
(iv) the Facilitator (the Republic of South Africa) on behalf of the Troika should remain seized with the developments on the implementation of the GPA;
(v) the MCO Troika should continue monitoring the progress closely and report to the Chairperson of the SADC Organ Troika on Politics, Defence and Security Cooperation; and
(vi) the international community to lift all forms of sanctions on Zimbabwe.
12. Summit decided as follows:
(i) the political parties signatory to the GPA should engage in dialogue with immediate effect within fifteen (15) days not beyond thirty (30) days;
(ii) the dialogue should include all the outstanding issues emanating from the implementation of GPA and SADC Communiqué of 27 January 2009;
(iii) the Facilitator should evaluate progress and report back to the Chairperson of the Organ on Politics, Defence and Security Cooperation.
13. In view of the above Summit decisions, the MDC-T announced that its partial disengagement is suspended.”
Speaking to the press immediately after the Summit, Mr Tsvangirai said "We have suspended our disengagement from the GPA (Global Political Agreement) with immediate effect and we will give President Robert Mugabe 30 days to implement the agreement on the pertinent issues we are concerned about." MDC-T spokesman Nelson Chamisa has said that MDC-T is satisfied with the outcome, having gained two important points: President Zuma to be the South African facilitator in place of ex-President Mbeki, and Summit’s endorsement of the decisions of the SADC Summit of January 2009 as binding decisions. [Full text of Maputo communiqué available on request]
It is significant that the communiqué urges full compliance with the letter and spirit, not just of the GPA, but also with the decisions of the SADC Summit of 27th January. That communiqué [Full text of communiqué available on request] refers specifically to the issues of provincial governors, the Attorney-General and the Governor of the Reserve Bank:
“(v) the allocation of ministerial portfolios endorsed by the SADC Extraordinary Summit held on November 9, 2008, shall be reviewed six (6) months after the inauguration of the inclusive government;
(vi) the appointments of the Reserve Bank Governor and the Attorney General will be dealt with by the inclusive government after its formation; and
(vii) the negotiators of the parties shall meet immediately to consider the National Security Bill submitted by the MDC-T as well as the formula for the distribution of the Provincial Governors”.
Time Frame
The parties must now engage in dialogue on all outstanding issues by 21st November [the 15th day after the Maputo Summit] continuing until not later than 6th December [the 30th day]. The negotiators of the three parties are due to meet over the coming weekend to start the process. Come the 21st November, the facilitator, President Zuma, will visit Harare to assess progress or otherwise and offer assistance to the parties if necessary. Come the 6th December, the facilitator will again assess progress and report to President Guebuza, chairperson of the Organ, who will decide on the way forward – which could be further assistance from or intervention by the Organ Troika. The Organ Troika did not decide in Maputo that failure to reach complete agreement will mean a full SADC Summit, but this is a further possibility.
Parliamentary Update
Proposed Private Member’s Bill to Amend POSA
In the House of Assembly last Thursday Innocent Gonese, MDC-T Chief Whip and MP for Mutare Central, presented a motion seeking the permission of the House to bring in a Bill to amend the Public Order and Security Act [POSA]. Debate on the motion will continue this week. If the House approves the motion, Mr Gonese’s Bill will be gazetted and then piloted by Mr Gonese through the same Parliamentary stages as any other Bill. [As a private member Mr Gonese requires permission from the House to bring in the Bill; it is only Government Bills, presented by a Minister, that can be presented without such permission.] This is the first attempt to introduce a Private Member’s Bill since Independence. Explaining his motion, Mr Gonese told the House of abuse of POSA by police, citing statistics showing how over the years the police have arrested and detained hundreds of people under POSA, but have successfully prosecuted none. He also pointed out that there have been no known arrests of ZANU-PF officials or supporters. His Bill aims “to ensure that public gatherings are regulated in a manner that will allow Zimbabweans to fully exercise their fundamental democratic right to engage, to express themselves through the medium of peaceful assembly and association and to clarify some of the existing provisions in the current Act”. It would re-define terms, reduce police powers, transfer the power to prohibit meetings from police to magistrates, and repeal the provision penalising failure to carry ID documents.
Coming up This Week in Parliament
House of Assembly
Bills: The Second Reading of the Reserve Bank of Zimbabwe Amendment Bill is first item on the House agenda for Tuesday. Press reports state there has been intensive behind-the-scenes lobbying for ZANU-PF MPs to vote against the Bill, even though it is a Government Bill that was approved by the Cabinet. So the Bill presents a fresh challenge for the inclusive government.
Motions: Motions awaiting introduction are:
· for the government to immediately carry out a comprehensive audit of the voters roll to rid it of inaccuracies and irregularities [proposed by Hon. Matutu, seconded by Hon. Muchauraya, both of MDC-T]
· for increased action against corruption, including the adoption of codes of conduct by executive, judiciary and legislature and the adoption by legislators of the Zimbabwe Chapter of African Parliamentarians Network Against Corruption
Debate is due to continue on:
· Mr Gonese’s motion for leave to introduce his Bill to amend POSA
· Mr Sibanda’s motion on the declaration of national heroes.
Questions: Questions on the agenda for Question Time on Wednesday include:
· Minister of Finance to be asked to give the cost of setting up and operating toll gates on major roads, the amount of revenue collected and sums allocated from that revenue for road maintenance
· Minister of Local Government, Rural and Urban Development to be asked about maladministration in rural district councils and failure to have council financial statements audited.
Senate: The only items on the agenda are the continuing debate on the President’s speech at the opening of Parliament, and the Government motion for the approval of the SADC Protocol on Gender and Development.
Parliamentary Meetings Open to Public: Portfolio and Thematic Committee Meetings open to stakeholders or the public this week have been listed separately in the Bill Watch Special of 7th November.
Last Week in Parliament
House of Assembly
Bills: Reserve Bank of Zimbabwe Amendment Bill – the Parliamentary Legal Committee [PLC] gave the Bill a non-adverse report on Wednesday, meaning that the PLC found nothing unconstitutional in the Bill. This cleared the way for the Second Reading of the Bill. Audit Office Bill, Public Finance Management Bill and Financial Adjustments Bill – all these Bills were introduced [had their First Readings] on Wednesday and immediately referred to the PLC for its reports on their compatibility or otherwise with the Constitution
Motions: Debate commenced on Hon F.M. Sibanda’s motion for the appointment of a committee to examine the process for the declaration of national heroes and to make appropriate recommendations to the House [the motion’s preamble questions the present process under which national hero status is determined by an organ of a political party]
Questions: The Minister of Constitutional and Parliamentary Affairs told the House that the Select Committee on the new Constitution was now ready to commence training the thematic committees and other personnel for the eleven-week public consultation process, depending only on promised funds coming in from Treasury. He acknowledged that the process had fallen behind the GPA’s timetable [under which the public consultation should have been completed by the 13th November] but expressed the hope that it would still be possible to finish the whole exercise within the outer limits set by the GPA.
Parliamentary Legal Committee [PLC]: The PLC presented a non-adverse report on the Reserve Bank of Zimbabwe Amendment Bill on Wednesday. No reports have yet been tabled on the statutory instruments gazetted since early 2008. The PLC’s secretariat has concluded its examination of the backlog of statutory instruments and these are now ready for the PLC’s attention.
Senate: The Senate did not sit last week.
Legislation Update
Bill in Parliament – Reserve Bank Amendment Bill [HB 7, 2009], Public Finance Management Bill [HB 9, 2009], Audit Office Bill [HB 10, 2009] and Financial Adjustments Bill [HB 8, 2009] [Electronic versions available on request.]
Bill passed by Parliament but not yet gazetted as Act
Appropriation (Additional) (2008) Bill
Statutory Instruments
SI 176/2009 – extensive amendments to the Aviation (Security) Regulations of 2006, updating provisions for airport and aircraft security.