News / National
MDC-T amendment proposals rejected
21 Oct 2015 at 06:45hrs | Views
The National Assembly last Wednesday rejected proposed amendments by MDC-T legislators on the Criminal Procedure and Evidence Amendment Bill that sought to compel the Prosecutor General to issue a private prosecution certificate should he decline to charge an accused person.
Vice President Emmerson Mnangagwa, who was steering the Bill at committee stage, said there was no merit in the proposed amendments by the opposition party resulting in committee chairperson, Reuben Marumahoko, upholding through majority affirmation the vote to reject them.
One of the rejected amendments was a proposal to delete a clause that conferred police with powers to detain a person for 24 hours, who might not be in their sound or sober senses. Other proposals related to the requirement for payment of security costs by a private prosecutor where the PG would have issued a certificate.
On issuance of private prosecution, VP Mnangagwa said Clause Six allowed the PG to issue private prosecution certificate but the proposed law does not allow compelling the incumbent to issue it. "We can't constrain the Prosecutor General to say he must do this or that. We're moving away from the law that compels the PG to issue a private prosecution," said VP Mnangagwa.
This was after a protracted debate from Harare West MP Jessie Majome, Mutare Central MP, Innocent Gonese and Proportional Representation member, Priscilla Misihairabwi-Mushonga. Gonese said it was wrong to give absolute discretion to the PG on the discretion to prosecute, adding that there was no prejudice suffered by the State if the certificate was issued as the court still had the ultimate verdict.
"It's in the interest of justice that the PG issues a private prosecution certificate. If he declines a prosecution, it means he would have shut the door on a child for example, who would have been raped," said Gonese. Another provision that was contested was Clause 12, which empowered the police to detain without an intention to arrest people who might not be in their sound or sober senses.
Majome said the provision was prone to abuse, adding that the Mental Health Act and Liquor Act gave adequate protection for such situations.
VP Mnangagwa said the clause was meant to protect the individual concerned and others. He said the police should record in their occurrence books the reason for the detention for purposes of accountability. MDC-T legislators had also proposed the deletion of a clause that requires for the determination of security costs in instances where a private prosecution certificate would have been issued.
Opposition legislators argued that the requirement of such payment might impede private prosecution as some people might not have the money. VP Mnangagwa said there was no prejudice as the discretion lies with the court to impose that directive to pay a security costs. Debate was prematurely adjourned after the House failed to raise the necessary quorum after Kuwadzana East MP Nelson Chamisa (MDC-T) rose on a point of order that there was no longer a quorum which is pegged at 70.
Vice President Emmerson Mnangagwa, who was steering the Bill at committee stage, said there was no merit in the proposed amendments by the opposition party resulting in committee chairperson, Reuben Marumahoko, upholding through majority affirmation the vote to reject them.
One of the rejected amendments was a proposal to delete a clause that conferred police with powers to detain a person for 24 hours, who might not be in their sound or sober senses. Other proposals related to the requirement for payment of security costs by a private prosecutor where the PG would have issued a certificate.
On issuance of private prosecution, VP Mnangagwa said Clause Six allowed the PG to issue private prosecution certificate but the proposed law does not allow compelling the incumbent to issue it. "We can't constrain the Prosecutor General to say he must do this or that. We're moving away from the law that compels the PG to issue a private prosecution," said VP Mnangagwa.
This was after a protracted debate from Harare West MP Jessie Majome, Mutare Central MP, Innocent Gonese and Proportional Representation member, Priscilla Misihairabwi-Mushonga. Gonese said it was wrong to give absolute discretion to the PG on the discretion to prosecute, adding that there was no prejudice suffered by the State if the certificate was issued as the court still had the ultimate verdict.
"It's in the interest of justice that the PG issues a private prosecution certificate. If he declines a prosecution, it means he would have shut the door on a child for example, who would have been raped," said Gonese. Another provision that was contested was Clause 12, which empowered the police to detain without an intention to arrest people who might not be in their sound or sober senses.
Majome said the provision was prone to abuse, adding that the Mental Health Act and Liquor Act gave adequate protection for such situations.
VP Mnangagwa said the clause was meant to protect the individual concerned and others. He said the police should record in their occurrence books the reason for the detention for purposes of accountability. MDC-T legislators had also proposed the deletion of a clause that requires for the determination of security costs in instances where a private prosecution certificate would have been issued.
Opposition legislators argued that the requirement of such payment might impede private prosecution as some people might not have the money. VP Mnangagwa said there was no prejudice as the discretion lies with the court to impose that directive to pay a security costs. Debate was prematurely adjourned after the House failed to raise the necessary quorum after Kuwadzana East MP Nelson Chamisa (MDC-T) rose on a point of order that there was no longer a quorum which is pegged at 70.
Source - chronicle
