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Fidelis Munyoro Chief Court Reporter
Expeditious alignment of the country’s laws to the new Constitution requires strong political will on the part of all line ministers, legal experts have said. The new supreme law was enacted on May 22, 2013 and last Thursday marked the first full year that Zimbabwe has had a home-grown constitution.
The Justice Ministry says some 400 laws needed to be brought into synch with the Constitution.
Last week, a panel of law experts led by retired High Court judge Justice Moses Chinhengo and former South African Constitutional Court judge Justice Yazak Yacoob, and including chair of the Parliamentary Committee on Justice Ms Jessie Majome led a highly charged discussion on aligning Acts to the Constitution.
Participants said failure to synchronise laws could lead to litigation flooding the Constitutional Court and the apex court could soon be saddled with a backlog of cases.
Government last week said it had started aligning 400 laws, prioritising the Electoral Act, the National Prosecuting Authority Act and the Criminal Law (Codification and Reform) Act.
Justice, Legal and Parliamentary Affairs Deputy Minister Fortune Chasi told The Herald that aligning the laws was a long-term process.
Only two Bills have found their way to Parliament in 12 months in this regard.
Justice Chinhengo said: “The Constitution lays the law even if the statute has not been changed you have to go by the Constitution.”
He said Government should explain the steps it was taking to implement the new Constitution.
“The State must not take measures which derogate the enjoyment of the rights,” he said.
Justice Yacoob said Zimbabwe’s enactment of a home-grown Constitution was a milestone in fostering people’s fundamental rights and protection at law.
He called for greater public awareness of the supreme law.
“There is a missing link between society and what the Constitution says,” said Justice Yacoob. “All are equal, men and women … It requires Government and human rights organisations to work together to educate and transform our society so that we truly believe in the values.”
Ms Majome said citizens seemed unconcerned with the importance of aligning laws to the Constitution.
“They are not showing ownership of the Constitution. They should be doing something serious about enforcing their constitutional rights.”
But lawyer Mr Chris Mhike said people could not be expected to simply wake up knowing what was in the Constitution.
Mr Mhike said: “There is chronic failure of leadership outside Government in respect of popularisation of the Constitution and legislation in general.
“Very little has been done on the alignment of laws with the Constitution or application of the Constitution for ordinary citizens,” he said.
Ordinary people expressed doubt that MPs were fully conversant with the new Constitution.
Ms Majome responded: “Members of Parliament also need more information and knowledge of the Constitution like any other person.”
Advocate Eric Matinenga questioned why provincial councils were not yet operational.
Justice Deputy Minister Chasi said it was difficult for Government to give a timeframe for complete alignment of all laws considering that different people and departments were involved and “certain behaviours of people involved were beyond the ministry’s control”.
Deputy Minister Chasi said some of the laws did not need to be amended substantively and would just need editing or amending of terminology to suit the new Constitution.
Online Reporter