Amendments to Draft Constitution

220. 14.1(2)(e) Delete the clause
221. In 14.2(1)(c) Delete “tier” and substitute with “structure”
222. In 14.2(3) Delete “and metropolitan”
223. Delete the heading and substitute with:
“14.3 Conduct of employees of provincial councils and local authorities”
224. In 14.3(1) and (3) Delete “and metropolitan”
225. In 14.3(2) Delete “or metropolitan”
226. 14.3(3) Delete the clause
227. 14.5 Delete and substitute with the following:
“14.5 Provincial councils
(1) There is a provincial council for each province consisting of —
(a) the Provincial Governor and Resident Minister appointed in terms of section 14.9, who is the chairperson of the provincial council;
(b) members of  both Houses of Parliament from that province
(c) the mayors and chairpersons, by whatever title they are called, of all urban and rural local authorities in the province concerned;
(2) The seat of a member of a provincial council referred to in —
(a) paragraph (a) of subsection (1) becomes vacant if the member ceases to be Provincial Governor and Resident Minister ;
(b) paragraph (b) of subsection (1) becomes vacant if the member vacates
his or her seat in Parliament;
(c) paragraph (c) of subsection (1) becomes vacant if the member ceases to be a mayor or chairperson of a local authority in the province concerned;
(3) An Act of Parliament must provide for the establishment, structure and staff of provincial councils, and the manner in which they exercise their functions.
(4) Members of a provincial council are accountable, collectively and individually, to residents of their province and the national government for the exercise of their functions.”
228. 14.6 Delete the clause
229. 14.7 Delete the clause
230. 14.8 Delete and substitute with:
“13.6 Committees of provincial councils
For the better exercise of their functions, provincial councils may establish Committees.”
231. 14.9 Delete and substitute with the following-
“14.9 Provincial Governors and Resident Ministers”
232. 14.9(1) Delete “other than metropolitan province” and “in accordance with this section” and add “Resident Ministers” after “Governor”
233. 14.9(3) Delete the clause
234.  In 14.9(6)(b) Stop at “President” and delete “(i) and (ii)”
235. 14.9(7) Delete the clause
236. In 14.14(2) Delete and substitute with:
“(2) Elections of mayors and chairpersons of local authorities, must be held at the first sitting of the councils concerned following a general election.”
237. 14.15(2) Delete “but any such removal must be by resolution, passed by at least two-thirds of the total membership of the council concerned, calling for the person’s removal”
238. 14.16 Delete and replace with:
“An Act of Parliament must provide for the administration and procedures of local authorities”

CHAPTER 15
Traditional Leaders
239. 15.1(1) Delete and replace with:
(1) The institution, status and role of traditional leadership, according to customary law, are recognised
240. 15.2(2) Delete the clause
241. 15.3(2) Delete and substitute with:
“(2) Traditional leaders have authority, jurisdiction and control over Communal Land. An Act Parliament may provide for the exercise of jurisdiction by traditional leaders over other agricultural land which is not Communal Land.”
242. 15.4. Recast to read as follows:
“15.4 Appointment and removal of traditional leaders”
(1) An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned —
(a) the appointment and succession of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but —
(i) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(ii) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference.
243. 15.6(6) Remove “every” and substitute with “the National”

CHAPTER 16
Agricultural Land
244. 16.2(b) Delete the clause
245. 16.2(f) Delete and recast to read as follows:
(f) subject to 4.29, no person may be deprived arbitrarily of their right to use and occupy agricultural land.
246. 16.7 Delete the clause
247. 16.8(2) Delete the clause
248. In 16.8 (3) Delete “or 2”
249. In 16.8(4) Delete “2”
250. 16.9 Delete the clause
251. 16.10Delete the clause

CHAPTER 17
Finance
252. 17.1.(1)(b)(ii)Delete and replace  with:
“(ii) a portion of the revenue raised nationally will be distributed to local authorities for their social and economic development”
253. 17.4 Change title to read: “Allocation of revenues to local authorities”
254. 17.4(1)(a) Delete “…between provincial and metropolitan councils and..” to read as follows:
“(a) the equitable allocation of capital grants to local authorities”
255. 17.4.1(b) Delete “..provinces and..”
256. 17.8.3(c) Delete clause and substitute with “Attorney-General’s Office”
257. 17.18(2) Delete the clause
258. 17.19 Delete the clause
259. 17.20(1) Delete and substitute with:
(1) There is a central bank, which is known as the Reserve Bank of Zimbabwe, whose objects are —
(a) to regulate the monetary system;
(b) to protect the currency of Zimbabwe in the interest of balanced and sustainable economic growth; and
(c) to formulate and implement monetary policy.

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