'Align country's laws with the new Constitution'

Masvingo Senator Misheck Marava on Tuesday moved a motion in the Senate calling for the aligning of the country's laws with the new Constitution.

The motion was seconded by Harare Senator James Makore also from the MDC-T.

In moving his motion Senator Marava said the people of Zimbabwe voted overwhelmingly at the referendum in favour of the new Constitution on the 16 March, 2013 and Parliament passed the new Constitution in May 2013 adding that some existing legislation has not yet been aligned to
the new Constitution.

"Concerned by commissions and omissions by the Executive which are likely to breach provisions of the Constitution; further concerned by the absence of Bills that seek to harmonise existing legislation with the new Constitution; now, therefore calls for the expeditious harmonisation of existing legislation with the Constitution of Zimbabwe and the implementation of the constitutional provisions particularly those that seek to uplift the status of women," said Senator Marava.

He highlighted that there are changes that must be made to the statute law immediately to give effect to the new Constitution.

He said some of the provisions of the Criminal Procedure and Evidence Act that have to be amended are; freedom of expression and freedom of the media [Section 61] as the new Constitution protects academic freedom and freedom of the media.

"It also guarantees freedom of establishment of broadcasting and other electronic media, subject only to licensing procedures that are necessary to regulate the airwaves and are independent of State, political or commercial control. State-owned media must be impartial and allow fair presentation of divergent views and opinions," he said adding that the relevant legislation must therefore be amended to reflect the new reality.

Senator Marava said a new Act must be enacted setting up provincial and metropolitan councils in accordance with Chapter 14 of the new Constitution.

"The councils have been established by the new Constitution, but until legislation is enacted, the councils will have no venues, no structures, no procedures and no staff. The Act must spell out in
clear terms the roles and functions of the provincial chairpersons. The Act must also provide for capital grants and other payments to be allocated equitably between provincial and metropolitan councils and local authorities, as required by Section 301 of the Constitution," said Senator Marava.

He said the new Constitution has created three new commissions; the Zimbabwe Gender Commission, the National Peace and Reconciliation Commission and the Zimbabwe Land Commission.

"Although the Constitution outlines how they are appointed and their functions, these commissions need enabling Acts to regulate their procedures and staffing and to confer ancillary functions and powers upon them, in the same way that enabling Acts have been passed for commissions such as the Zimbabwe Human Rights Commission and the Zimbabwe Anti-Corruption Commission, which were established under the previous Constitution," said Senator Marava.

Senator Makore said the new Constitution must be translated into vernacular languages, so that all the citizens understand the document.

"I would like to single out an important section that has been mentioned by Hon. Marava. It is the Declaration of Rights. Citizens must be in a position to understand their rights. The rights to me are a treasure," he said.

"The Constitution is the supreme law of the country. It is anticipated that all laws that are below should be aligned to this Constitution.

"The rights, such as stated here, are very social. For example, those that have been mentioned under the prisoners, they are so social where one can communicate with anybody, request the legal representation, can be visited and be seen by his relatives or friends. These are social clauses. It gives guarantees, rights, freedoms, justice and solace in all our processes," said Senator Makore.