Labour Amendment Act Gazetted and in Force

Bill Watch35/2015Labour AmendmentAct Gazetted & State of the Nation Address 26 August2015

BILL WATCH 35/2015

[26th August 2015]

Parliament has adjourned until Tuesday 15th September

Labour Amendment Act Gazetted and in Force

The Labour Amendment Act was gazetted this morning as Act No. 5 of 2015.The Act came into force immediately, i.e., with effect from Wednesday 26th August.[Copy available from Veritas at the addresses given at the end of this bulletin]

President’s State of the Nation Address

The President delivered his State of the Nation Address at yesterday’s joint sitting of both Houses of Parliament [available from Veritas at the addresses given at the end of this bulletin].He began by outlining the ten points in the Government’s plan “to maintain economic growth and especially the creation of jobs”:

Ten Point Plan

1. Revitalizing Agriculture and the Agro-processing value chain.
2. Advancing Beneficiation and/or Value Addition to our agricultural and mining resource endowment.
3. Focusing on infrastructural development, particularly in the key Energy, Water, Transport and ICTs subsectors.
4. Unlocking the potential of Small to Medium Enterprises.
5. Encouraging Private Sector Investment.
6. Restoration and building of confidence and stability in the financial services sector.
7. Joint ventures/ public-private partnerships to boost the role and performance of state owned companies.
8. Modernising Labour Laws.
9. Pursuing an Anti-Corruption thrust

10.Implementation of Special Economic Zones to provide impetus for foreign direct investment.

New legislation plannedExplaining planned legislation to give effect to these points, the President mentioned:

• amendments to the Banking Act [the relevant Bill was recently gazetted]
• an overhaul of the Companies Act and allied legislation hindering the ease of doing business, and the creation of a legislative and regulatory framework for a One Stop Investment Centre with streamlined procedures [“a very urgent and high priority matter for which those responsible will be held to account”]
• a new Procurement Bill to be tabled in Parliament before the end of 2015, devolving the awarding of tenders to procuring entities – Government Ministries, parastatals, State enterprises and local authorities – and transforming the State Procurement Board into a standard-setting, monitoring and advisory body
• Good Corporate Governance principles for parastatals/State enterprises, in many if not most of which, he said, compliance with such principles had fallen to levels “well below what might be regarded as even ‘minimally acceptable’” [the President said these principles were currently being integrated in the amendments to the Companies Act mentioned above]

Labour Amendment ActThe President referred to the review of the Labour Act following the Supreme Court decision of 17th July 2015, and said “we must remove common law provisions that have been used by employers to unilaterally dismiss workers on notice, sending them home empty-handed”.[Note: As recorded above, the Labour Amendment Act was gazetted today, 26th August.]

Note:Not reflected in the Parliamentary record is that the President’s address was marred by heckling from Opposition MPs.The record shows, however, that after the address MDC-T MPs chanted “Save!Save!” followed by ZANU-PF MPs chanting “Gushungo! Gushungo!”, after which MDC MPs broke into the song “Zanuyaora baba”.At this point the Speaker called for order, reminded members that singing in the House was banned, and warned that the leader of the song would be identified and punished, perhaps by being suspended for a whole Parliamentary session.

After the President’s speech other business was conducted during brief sittings in both Houses

National Assembly

President’s Question Time

Hon Chamisa raised a question of privilege in connection with the just-concluded State of the Nation Address.He pointed out that according to the new Standing Orders the State of the Nation Address should have been followed by an opportunity for the President to answer questions put to him by MPs.Standing Order 168(3) provides that:

“(3) At least once a year the Speaker and President of the Senate must make necessary arrangements for Parliament to receive the state of the nation address by the President and for the President to answer questions on any issue in terms of Standing Orders.”

The Speaker said Hon Chamisa was correct and that he and the President of the Senate would liaise with the President on the feasibility of a future question-and-answer session.

Joint Ventures Bill passed and sent to Senate

The House agreed to amendments made to the Bill during the Committee Stage on 29th July [changes to clauses 2, 3 and 12 and a new clause 17] and given a non-adverse report by the Parliamentary Legal Committee [PLC].The amended Bill was then given its Third Reading, clearing it for transmission to the Senate [amended Bill available from Veritas]

Criminal Procedure and Evidence Amendment Bill – no movement

The Second Reading debate did not proceed, because the Portfolio Committee on Justice, Legal and Parliamentary Affairs was not ready with its report on the public hearings it had conducted on the Bill.This delay was caused by the suspension of all committee meetings during the August break.Vice-President Mnangagwa, who is responsible for the Bill, acknowledged that he had been consulted and had agreed to a postponement until 15th September.

Senate

The President of the Senate delayed the adjournment that normally follows a Presidential address to allow Senators to tidy up the Order Paper by completing unfinished business.She said that when they next assembled, which would be on 15th September, it would be for the Official Opening of the Third Session, which was why she wanted Senators responsible for motions to wind-up debates and withdraw motions or move for adoption, as appropriate.

Zimbabwe Gender Commission Bill

No Minister was present to shepherd this Bill through its remaining stages.The Bill will therefore have to be carried over to the Third Session for its Committee Stage and Third Reading.

Motions

Proceedings on the following motions were concluded, as indicated below:

• Motion calling for measures to address critical challenges faced by the National Railways of Zimbabwe [adopted]
• Motion calling for an end to child marriages [adopted]
• Motion calling for fencing of the Hwange National Park area because of overpopulation of elephants [adopted]
• Take note motion on the report of the final Report of the Thirty Sixth Plenary Assembly of the SADC Parliamentary Forum held at Victoria Falls from 29th October to 3rd November 2014 [withdrawn].

Official Opening of Next Parliamentary Session: Tuesday 15th September

Parliament will meet next on Tuesday 15th September for the Official Opening of the Third Session of the present Parliament.This is a departure from the Sitting Calendar – and supersedes previous decisions to meet on 1st September.

SADC Tribunal Protocol Signatures: A Further Development

Since yesterday’s Bill Watch 34/2015, Veritas has received further information about documents signed at the SADC Summit in Gaborone last week.Although this was not announced in the Summit communiqué, both Botswana and Swaziland signed the new SADC Tribunal Protocol at the Summit, bringing signatures up to 11 from the 9 achieved at the 2014 Victoria Falls Summit.The four member States that have not signed are: Angola, Madagascar, Mauritius and Seychelles.

Protocol still not in forceAt least ten member States have to ratify the Protocol before it can come into force.There have been no ratifications.

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