News / National
Ministers face contempt of Parliament charges
20 Jun 2016 at 07:12hrs | Views
Several Cabinet Ministers risk contempt of Parliament charges after an audit carried out showed that they had not responded to motions, committee reports and were not tabling financial reports of State entities, in violation of the Constitution and Standing Orders, Speaker of the National Assembly Advocate Jacob Mudenda has said.
Adv Mudenda recently said preliminary findings of an audit being carried out by administration had revealed that more than six Cabinet ministers had not responded to motions and reports raised by backbenchers and Parliament had since written to them.
Some ministers have not submitted regular financial reports to Parliament in terms of Public Finance Management Act and the law provides for both criminal and disciplinary proceedings to be preferred on permanent secretaries who are accounting officers for ministries.
Adv Mudenda told the National Assembly on Wednesday he had also dispatched a letter to the Chief Secretary in the Office of the President and Cabinet, Dr Misheck Sibanda, to ensure that permanent secretaries liaised with their ministers to respond to reports and motions as well table financial reports.
Adv Mudenda said this while making a ruling on a point of order raised by Kuwadzana East MP Mr Nelson Chamisa (MDC-T), who said legislators had observed a tendency by ministers to ignore reports and motions by Parliament in violation of the law.
Mr Chamisa said the rules of Parliament required that ministers respond to reports within 10 sitting days of the chamber.
"I want to say to Honourable Chamisa, his observations are very appropriate and correct in terms of our Constitution and our Standing Orders. I must also say that he raised the point of privilege like a prophet and he did not know that he was a prophet.
"This is because as administration of Parliament, we have started an audit of honourable ministers who were due or are due to respond to not only reports but also motions raised by the honourable members before the mover can wind up the motion. This has not been happening," said Adv Mudenda.
He said they wanted to carry out the audit expeditiously.
"The audit that we have started has already indicated that there are half a dozen ministers whom we have written to personally, to say they must come before Parliament, particularly here in the National Assembly to comply with the provisions stated by Honourale Chamisa.
"We have also gone further as to write to the Chief Secretary asking the permanent secretary to work very closely with honourable ministers to assist them so that they can respond to their obligations. We do so, not only in terms of what Honourable Chamisa has stated or quoted in so far as the Standing Orders are concerned but also in terms of what the Constitution states," he said.
He said in terms of Section 119 of the Constitution, Parliament must protect the Constitution without fear or favour and the State and all its agencies must respond to its provisions without fail.
In terms of Priviledges, Immunities and Powers of Parliament Act, Parliament has powers to impose penalties like fines and recommend to a competent authority for imprisonment should the need arise.
Responding to another matter, Adv Mudenda said chairpersons of portfolio committees were due to get diplomatic passports after the Executive acceded to their request to have red passports be extended to legislators.
He said this was a culmination of several meetings and representations to have all MPs get the document so as to avoid embarrassment and humiliation of being searched when legislators travel abroad as their counterparts in other countries had diplomatic passports.
Buhera South MP Joseph Chinotimba (Zanu-PF) had complained on what criteria some MPs were selected to qualify to get the document.
Chinotimba rapped Foreign Affairs Minister Simbarashe Mumbengegwi saying the minister had sought to smear Adv Mudenda by saying it was the Speaker of the National Assembly who was responsible for handpicking MPs when he sought clarification from him recently.
Vice President Emmerson Mnangagwa said he accompanied Adv Mudenda to a meeting with President Mugabe on the need for every legislator to have diplomatic passports.
Adv Mudenda recently said preliminary findings of an audit being carried out by administration had revealed that more than six Cabinet ministers had not responded to motions and reports raised by backbenchers and Parliament had since written to them.
Some ministers have not submitted regular financial reports to Parliament in terms of Public Finance Management Act and the law provides for both criminal and disciplinary proceedings to be preferred on permanent secretaries who are accounting officers for ministries.
Adv Mudenda told the National Assembly on Wednesday he had also dispatched a letter to the Chief Secretary in the Office of the President and Cabinet, Dr Misheck Sibanda, to ensure that permanent secretaries liaised with their ministers to respond to reports and motions as well table financial reports.
Adv Mudenda said this while making a ruling on a point of order raised by Kuwadzana East MP Mr Nelson Chamisa (MDC-T), who said legislators had observed a tendency by ministers to ignore reports and motions by Parliament in violation of the law.
Mr Chamisa said the rules of Parliament required that ministers respond to reports within 10 sitting days of the chamber.
"I want to say to Honourable Chamisa, his observations are very appropriate and correct in terms of our Constitution and our Standing Orders. I must also say that he raised the point of privilege like a prophet and he did not know that he was a prophet.
"This is because as administration of Parliament, we have started an audit of honourable ministers who were due or are due to respond to not only reports but also motions raised by the honourable members before the mover can wind up the motion. This has not been happening," said Adv Mudenda.
He said they wanted to carry out the audit expeditiously.
"We have also gone further as to write to the Chief Secretary asking the permanent secretary to work very closely with honourable ministers to assist them so that they can respond to their obligations. We do so, not only in terms of what Honourable Chamisa has stated or quoted in so far as the Standing Orders are concerned but also in terms of what the Constitution states," he said.
He said in terms of Section 119 of the Constitution, Parliament must protect the Constitution without fear or favour and the State and all its agencies must respond to its provisions without fail.
In terms of Priviledges, Immunities and Powers of Parliament Act, Parliament has powers to impose penalties like fines and recommend to a competent authority for imprisonment should the need arise.
Responding to another matter, Adv Mudenda said chairpersons of portfolio committees were due to get diplomatic passports after the Executive acceded to their request to have red passports be extended to legislators.
He said this was a culmination of several meetings and representations to have all MPs get the document so as to avoid embarrassment and humiliation of being searched when legislators travel abroad as their counterparts in other countries had diplomatic passports.
Buhera South MP Joseph Chinotimba (Zanu-PF) had complained on what criteria some MPs were selected to qualify to get the document.
Chinotimba rapped Foreign Affairs Minister Simbarashe Mumbengegwi saying the minister had sought to smear Adv Mudenda by saying it was the Speaker of the National Assembly who was responsible for handpicking MPs when he sought clarification from him recently.
Vice President Emmerson Mnangagwa said he accompanied Adv Mudenda to a meeting with President Mugabe on the need for every legislator to have diplomatic passports.
Source - the herald
