THE LAW MAKING PROCESS
Presentation by
Hon. P. Misihairabwi – Mushonga
Chairperson of the Portfolio Committee on
Primary and Secondary Education
19 March 2019;Holiday Inn, Harare
“An effective parliament should be amplifying
the public voice. It provides the connective
tissue between people and power, and should
ensure that government priorities reflect and
respond to the needs of the people.”
Greg Power
MANDATE OF PARLIAMENT
Parliament derives its mandate from Section 117 of the
Constitution of Zimbabwe (Amendment no. 20) of 2013
which states that “….to make laws for the peace, order and
good governance of Zimbabwe.”
This role of Parliament was aptly described by the
Parliamentary Reform Committee (PRC) which stated in its
Foundation Report that:
“The Role of Parliament is to legislate, to scrutinize the policies
and activities of the Executive, to hold the Executive to
account for its actions and to act as a forum for democratic
participation by all members of society.
MANDATE OF PARLIAMENT CONT…
Thus, the constitutional provision gives Parliament the
legislative, oversight and representative functions
covering all areas of the executive’s operations.
Parliament makes new laws, change or improve old
ones.
Presentation will focus on one of the core functions
of Parliament, namely; legislative
LEGISLATIVE PROCESS IN PARLIAMENT
Detailed procedures of the legislative process are clearly
laid out in the 5th Schedule of the Constitution of Zimbabwe
as read with Standing Orders 133-35.
Process pass through the following stages;
Drafting of Bill
Government Gazette,
First Reading
Second Reading
Third Reading
Approval by Senate
Presidential Assent
WHAT IS A BILL?
A Bill is a proposal for a new law, or a proposal to change an existing
law that is tabled before Parliament.
Basically 3 Types of Bills
Public Bill (initiated by the Government Ministry responsible or a
Member of Parliament);
Private Bill (initiated by private organisations like local authorities or
private companies to give them powers and does not affect the
general public); and
Hybrid Bill (mix of public and private Bills, i.e. affect the general
public and the private organisations at the same time)
Public Bills introduced by the Executive are the most common.
The Education Amendment Bill is a public bill.
PUBLICATION IN THE GOVERNMENT
GAZETTE
Drafting of the Bill is done by the Executive.
The Standing Orders require that a Bill be published in the
Government Gazette before introduction in the House.
Gazetting is a formal way of informing the general public of
the Bill as a way of soliciting their views on the proposed
legislation.
14 days have to lapse before an ordinary Bill can be
introduced in Parliament.
Education Amendment Bill was Gazetted on 15 February
2019.
REFERRAL OF THE BILL TO THE PORTFOLIO
COMMITTEE
Upon gazetting, a Bill is automatically referred to the
relevant Portfolio Committee (e.g. Primary and Secondary
Education)
Committee is given 14 business days excluding Fridays for
presentation of its report at the Second Reading Stage
Committee expected to consider the provisions of the Bill.
Research Department prepare a Bill Digest on the
proposed law.
Public Hearings are to be undertaken by the relevant
Committee as a way of engaging stakeholders in the
legislative process.
REFERRAL OF THE BILL TO THE PORTFOLIO
COMMITTEE
Section 141 of the Constitution requires
that interested stakeholders are
consulted on the Bill.
Parliament to facilitate public
involvement in its processes and those of
its Committees
Interested parties consulted about Bills
being considered by Parliament
Can be through public hearings,
stakeholder meetings and/or submissions
in writing
Section 328 calls for public meetings on
Constitutional Bills
FIRST READING
Formal introduction of the Bill in Parliament where the Minister reads
the long title of the Bill. (14 March 2019)
No debate at this stage
Once read for the First time the Bill is automatically referred to the
Parliamentary Legal Committee (PLC).
PLC given 26 business days to report to the House whether there are
any provisions of the Bill that are in violation of the Constitution,
particularly the Declaration of Rights.
PLC may issue an Adverse Report (House may adopt or reject PLC
recommendations) or Non-Adverse Report (Bill proceeds to second
reading)
SECOND READING
During this stage the Minister explains the broad principles of
the Bill.
The Relevant Committee (e.g Primary and Secondary
education) presents its Report.
Debate will be confined to the principles of the Bill.
Bill read the Second Time when debate is concluded.
Bill then goes to Committee stage
COMMITTEE STAGE
House resolves itself into the Committee of the Whole House.
( Speaker leaves the chair and a Chairperson (who has to be
a member of the Speakers panel) assumes the chair.
Committee of the Whole House considers the Bill clause by
clause.
Amendments to the Bill are then presented at this stage.
Amendments should appear on the Order Paper at least a
day before the Committee Stage.
At the conclusion of the Committee Stage the Chairperson
reports the Bill to the House with or without amendments.
THIRD READING
At the Third Reading Stage, debate may take place, as at the Second
Reading, on the principles of the Bill.
However, issues which were not brought up during the Second
Reading may not be raised.
The Third Reading is the final stage.
At this stage, the House votes to accept or reject the Bill.
For ordinary Bill to pass, a simple majority of all members present, and
voting is needed. For Bills to amend the Constitution, a two-thirds
majority is needed for the Bill to pass.
A Bill to amend provisions of the Declaration of Rights must be referred
to a national referendum and be approved by a majority of voters.
APPROVAL BY SENATE
A Bill that originated in the National Assembly and was passed by that
House must be submitted to the Senate to undergo similar processes
and procedures.
The same applies with Bills that originate from the Senate; such Bills have
to undergo similar procedures in the National Assembly.
A Bill received from one House must be transmitted to the other House
without delay.
The receiving House must debate and discuss the Bill, and has power to
reject, or pass the Bill with or without amendments.
A House that amends a Bill submitted to it must return the Bill, with
amendments to the originating House.
The originating House can accept, reject or amend any or all the
amendments.
PRESIDENTIAL ASSENT
Once approved by both Houses, the President must assent and
sign into law.
If the President still has reservations on the Bill from Parliament,
s/he has two choices:
he can assent and sign the Bill as presented by Parliament
he can refer the Bill to the Constitutional Court for advice
on whether the Bill is constitutional
If the Constitutional Court advises that the Bill is constitutional, the
President is obliged to sign the Bill immediately.
If the Constitutional Court advises that the Bill is unconstitutional,
the President cannot sign the Bill.
PUBLICATION AND ENROLMENT OF ACT
Once the President has assented to an Act, the
President’s office causes it to be published in the
Gazette.
Most Acts come into operation on the day that they are
published, but in some cases an Act gives the President
power to specify when the Act will come into force.
The Clerk of Parliament sends a copy of the Act to be
enrolled in the office of the Registrar of the High Court.
I THANK YOU
SIYABONGA
TATENDA
