News / National
Parliamentarians seek repeal of Vagrancy Act
29 Oct 2015 at 02:39hrs | Views
Buhera Central Member of Parliament, Ronald Muderedzwa has moved a motion for the repeal of the Vagrancy Act.
"I move the motion standing in my name that this House -concerned by the increasing number of beggars, street kids, street mothers, fathers and youths at road intersections and pavements in urban areas; disturbed by wanton abuse of alcohol and other intoxicants by younger generation against African values and norms; alarmed by the increasing levels of prostitution in both urban areas and growth points around the country," he moved.
He also said he was concerned with the Government's inertia in addressing such abnormalities in society; conscious that the Government has a constitutional duty to look after the poor and the weak and to hold the norms of society; and called upon the Executive to repeal such laws as the Vagrancy Act that are alien to safeguarding the interests of the poor and the weak, Introduce laws that are amendable to upholding human rights and dignity of the underprivileged; effectively play a paternal role to such vulnerable groups in line with its constitutional obligations and engage the service of the abundant pool of social workers from the institutions of higher learning in order to promote reformation and rehabilitation of social misfits for the common good.
He said he was being motivated by a number of factors which he highlighted.
"There is an increasing number of beggars, street kids, street fathers and mothers, youths who are found at road intersections and pavements doing immoral things. We have noted that there is an increasing number of youth who are wantonly abusing alcohol and other intoxicants. It is disturbing to see that in urban areas, cities and towns, there is an increasing number of prostitution. In Harare, if you go to the Avenues at night, you will see immoral things happening there," he said.
"Why is it that we are having these things in a country such as ours? The people I am talking about are beggars, they are found everywhere. They are found right here in the City. If you go to Fourth Street and Samora Machel Avenue, if you go to Avondale and quite a number of intersections, there are a lot of disturbances that take place."
He said people who come to work usually ignore what they see, especially them Members of Parliament and those who are working for the Government.
"I think these things are supposed to be managed. We are living in a society that advocates for observing African values and human norms. These people really seem to have no protection. There is nobody who is looking after them. This problem is actually increasing day by day," he said. "There is an issue that I regard as the vicious cycle theory. These street kids started long back as young boys and girls and they have now grown up to become men and women. They are now having children in the streets, behind buildings and along the rivers. That is where they are staying. They are actually having their families there but these people are also involved in crime and violence."
He said what should be known is that part of the problem in the administration of justice is caused by PMs failing to look after these vulnerable groups.
"These people eventually commit crimes. When they commit crimes, they are taken to prison; the Government will be obliged by law to look after these people in prison. As they stay in prison, they became hardened criminals but with the passage of time, they are going to be released from prison, they go back to the streets, they commit crimes again and this problem continues unabated at the expense of the fiscus. We are saying let us nip this problem in the bud," he said.
"As a Government, we are supposed to have a system that manages these problems. I take note that there are a number of inadequacies in our administration system. There is a law that is called the Vagrancy Act. I wanted to know about this Vagrancy Act, then I went to the Oxford Dictionary and I looked at the definition of vagrancy. It is talking of a person who wanders from place to place without a place to settle, without a job and a person who is considered to be lazy or dishonest. If you look at the word vagrant, it talks about a person without a settled home or regular work, hence the word vagrancy is a condition of committing the offence that is called the vagrancy," he added.
He said Vagrancy Act genesis is part of the colonial laws that were created by our colonisers.
"We are aware that there was the Land Tenure Act, the Land Husbandry Act, the Land Apportionment Act and the Trespassers Control Act. These Acts were created by the colonisers and they caused our people to move from rural areas into urban areas," he said. "I was making reference to oppressive laws that are also part of the Vagrancy Act, Chapter 10 (25). That was created long back in the year 1960. This law, according to Government administration, is supposed to be administered by the Ministry of Home Affairs, that those people who are caught under this Act should be prosecuted."
He said when he looked at the Act, it describes a vagrant as a person who does not have a place to live and who is not employed.
"Our people ended up coming to urban areas; you know places like Mbare in Harare and Makokoba in Bulawayo, they were hostels that used to accommodate them so that they create a labour force. But these hostels could not accommodate large numbers of people who were coming to urban areas. What was happening then was that the colonisers came up with this Act so that they can protect these people from moving into the CBD area and low density areas. So, the law is supposed to arrest vagrancy, beggars and so forth," he said. "The law is there to prevent vagrancy and for dealing with THE insane. It used to be there to suppress the black majority so that they are not able to go to areas meant for whites."
He said but this law is still on our statutes and hewas saying, why is it still there?
"If it is still there, why is it not being enforced? The problem with this law is that the law is colonial and it is archaic and the law enforcement agencies are not enforcing it. As Hon. Members of Parliament, as Government, we are not taking any action and this is not good at all for our nation," he said.
"I take note of the fact that the problem of children in the streets is supposed to be catered for by the Children's Protection and Adoption Act. In a way, this law also is colonial in nature because it is talking of adoption of children which is not a common practice in African culture. Also, any person who is above the age of 16 cannot be arrested or corrected in terms of the Children's Protection and Adoption Act."
He said the Vagrancy Act from the other side cannot be enforced on people who are under the age of 16, hence there is that vacuum.
"We are saying, this vacuum should be plugged by coming up with a law, a law that is paternal in nature, a law that is able to look after all the vulnerable people in our society. A Government," he said.
"I move the motion standing in my name that this House -concerned by the increasing number of beggars, street kids, street mothers, fathers and youths at road intersections and pavements in urban areas; disturbed by wanton abuse of alcohol and other intoxicants by younger generation against African values and norms; alarmed by the increasing levels of prostitution in both urban areas and growth points around the country," he moved.
He also said he was concerned with the Government's inertia in addressing such abnormalities in society; conscious that the Government has a constitutional duty to look after the poor and the weak and to hold the norms of society; and called upon the Executive to repeal such laws as the Vagrancy Act that are alien to safeguarding the interests of the poor and the weak, Introduce laws that are amendable to upholding human rights and dignity of the underprivileged; effectively play a paternal role to such vulnerable groups in line with its constitutional obligations and engage the service of the abundant pool of social workers from the institutions of higher learning in order to promote reformation and rehabilitation of social misfits for the common good.
He said he was being motivated by a number of factors which he highlighted.
"There is an increasing number of beggars, street kids, street fathers and mothers, youths who are found at road intersections and pavements doing immoral things. We have noted that there is an increasing number of youth who are wantonly abusing alcohol and other intoxicants. It is disturbing to see that in urban areas, cities and towns, there is an increasing number of prostitution. In Harare, if you go to the Avenues at night, you will see immoral things happening there," he said.
"Why is it that we are having these things in a country such as ours? The people I am talking about are beggars, they are found everywhere. They are found right here in the City. If you go to Fourth Street and Samora Machel Avenue, if you go to Avondale and quite a number of intersections, there are a lot of disturbances that take place."
He said people who come to work usually ignore what they see, especially them Members of Parliament and those who are working for the Government.
"I think these things are supposed to be managed. We are living in a society that advocates for observing African values and human norms. These people really seem to have no protection. There is nobody who is looking after them. This problem is actually increasing day by day," he said. "There is an issue that I regard as the vicious cycle theory. These street kids started long back as young boys and girls and they have now grown up to become men and women. They are now having children in the streets, behind buildings and along the rivers. That is where they are staying. They are actually having their families there but these people are also involved in crime and violence."
He said what should be known is that part of the problem in the administration of justice is caused by PMs failing to look after these vulnerable groups.
"These people eventually commit crimes. When they commit crimes, they are taken to prison; the Government will be obliged by law to look after these people in prison. As they stay in prison, they became hardened criminals but with the passage of time, they are going to be released from prison, they go back to the streets, they commit crimes again and this problem continues unabated at the expense of the fiscus. We are saying let us nip this problem in the bud," he said.
He said Vagrancy Act genesis is part of the colonial laws that were created by our colonisers.
"We are aware that there was the Land Tenure Act, the Land Husbandry Act, the Land Apportionment Act and the Trespassers Control Act. These Acts were created by the colonisers and they caused our people to move from rural areas into urban areas," he said. "I was making reference to oppressive laws that are also part of the Vagrancy Act, Chapter 10 (25). That was created long back in the year 1960. This law, according to Government administration, is supposed to be administered by the Ministry of Home Affairs, that those people who are caught under this Act should be prosecuted."
He said when he looked at the Act, it describes a vagrant as a person who does not have a place to live and who is not employed.
"Our people ended up coming to urban areas; you know places like Mbare in Harare and Makokoba in Bulawayo, they were hostels that used to accommodate them so that they create a labour force. But these hostels could not accommodate large numbers of people who were coming to urban areas. What was happening then was that the colonisers came up with this Act so that they can protect these people from moving into the CBD area and low density areas. So, the law is supposed to arrest vagrancy, beggars and so forth," he said. "The law is there to prevent vagrancy and for dealing with THE insane. It used to be there to suppress the black majority so that they are not able to go to areas meant for whites."
He said but this law is still on our statutes and hewas saying, why is it still there?
"If it is still there, why is it not being enforced? The problem with this law is that the law is colonial and it is archaic and the law enforcement agencies are not enforcing it. As Hon. Members of Parliament, as Government, we are not taking any action and this is not good at all for our nation," he said.
"I take note of the fact that the problem of children in the streets is supposed to be catered for by the Children's Protection and Adoption Act. In a way, this law also is colonial in nature because it is talking of adoption of children which is not a common practice in African culture. Also, any person who is above the age of 16 cannot be arrested or corrected in terms of the Children's Protection and Adoption Act."
He said the Vagrancy Act from the other side cannot be enforced on people who are under the age of 16, hence there is that vacuum.
"We are saying, this vacuum should be plugged by coming up with a law, a law that is paternal in nature, a law that is able to look after all the vulnerable people in our society. A Government," he said.
Source - Byo24News
