News / National
Man to petition Parly over recalls
28 Oct 2023 at 12:02hrs | Views
A Chiredzi man is set to petition Parliament over the recent recalls of 23 members of the Citizen Coalition for Change (CCC). He called for Parliament to enact a law that include the public in the process.
In his petition, Marko Shoko of number 99 Elephant Street Chiredzi, said section 129(1)(k) gives political parties the right to recall members from Parliament without undertaking any intra-party process as the Constitution does not oblige them to do so.
He, however went on to say Section 129(k) ignores the voters that elected the MP and does not give room to consult the voters , but it is abused to deal with internal party issues.
"The provision falls short of the requirements of administrative justice and the rules of natural justice. There is no duty on the Speaker to enquire into the reasons behind the recall. The office of the Speaker is supposed to act mechanically on the instructions of the party concerned, and not "the people" from whom the mandate for representation was derived. The requirements of administrative justice as provided in section 68(2) of the Constitution are not adhered to in the exercise of powers under section 129(1)(k) of the Constitution.
"The affected Member has no right to intervene as he or she is denied access to justice. He or she can only act expostfacto," reads part of the petition.
In his prayer he further said the Parliament should look at the nature of proceedings that need to be established by law to democratise section 129(1)(k) of the Constitution regarding the need to include the public in parliamentary processes as provided by Section 141 of the Constitution.
He added that it should enact a law to provide for suitable mechanics for the implementation of section 129(1)(k) of the Constitution, that ensure that Parliament is able to retain its constitutional independence.
"The Constitution mandates the Parliament of Zimbabwe to protect the founding document and to promote democratic governance in Zimbabwe.
"The Constitution also states from the premise that the legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with (the) Constitution. In this regard, the Legislature is empowered to amend the Constitution and to make laws for the peace, order and good governance of Zimbabwe.
"Mr Speaker, sir, in light of that, your petitioner urges this Honourable House to re-examine the impact that section 129(1)(k) has on representative democracy, regard being had to the abuse that both the provision and the office of the Speaker has been subjected to by political parties seeking to deal with their internal squabbles.
"Mr Speaker, it is in the public interest of the general voting public, that Parliament subjects the provisions of section 129(1)(k) of the Constitution to administrative justice principles, as well as the will of the voters. This will address the current problems," reads the petition.
In his petition, Marko Shoko of number 99 Elephant Street Chiredzi, said section 129(1)(k) gives political parties the right to recall members from Parliament without undertaking any intra-party process as the Constitution does not oblige them to do so.
He, however went on to say Section 129(k) ignores the voters that elected the MP and does not give room to consult the voters , but it is abused to deal with internal party issues.
"The provision falls short of the requirements of administrative justice and the rules of natural justice. There is no duty on the Speaker to enquire into the reasons behind the recall. The office of the Speaker is supposed to act mechanically on the instructions of the party concerned, and not "the people" from whom the mandate for representation was derived. The requirements of administrative justice as provided in section 68(2) of the Constitution are not adhered to in the exercise of powers under section 129(1)(k) of the Constitution.
"The affected Member has no right to intervene as he or she is denied access to justice. He or she can only act expostfacto," reads part of the petition.
In his prayer he further said the Parliament should look at the nature of proceedings that need to be established by law to democratise section 129(1)(k) of the Constitution regarding the need to include the public in parliamentary processes as provided by Section 141 of the Constitution.
He added that it should enact a law to provide for suitable mechanics for the implementation of section 129(1)(k) of the Constitution, that ensure that Parliament is able to retain its constitutional independence.
"The Constitution mandates the Parliament of Zimbabwe to protect the founding document and to promote democratic governance in Zimbabwe.
"The Constitution also states from the premise that the legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with (the) Constitution. In this regard, the Legislature is empowered to amend the Constitution and to make laws for the peace, order and good governance of Zimbabwe.
"Mr Speaker, sir, in light of that, your petitioner urges this Honourable House to re-examine the impact that section 129(1)(k) has on representative democracy, regard being had to the abuse that both the provision and the office of the Speaker has been subjected to by political parties seeking to deal with their internal squabbles.
"Mr Speaker, it is in the public interest of the general voting public, that Parliament subjects the provisions of section 129(1)(k) of the Constitution to administrative justice principles, as well as the will of the voters. This will address the current problems," reads the petition.
Source - The Mirror
