adminMDC-T legislators Mr Tangwara Matimba (Buhera Central) and Simon Hove (Highfield West) moved the motion to reduce the powers of Local Government, Rural and Urban Development Minister Ignatius Chombo over municipal and town councils in October 2011.
The same bill was introduced into Parliament early last year.
A Constitutional bench comprising Justice Paddington Garwe, Chief Justice Godfrey Chidyausiku, Justice Anne-Mary Gowora, Justice Vernanda Ziyambi and (Retired judge) Justice Yunus Omerjee also ruled that Parliament had no right at law to allow the introduction and debate of the bill.
The court found that the two legislators usurped the powers of Cabinet when they introduced the bill in Parliament two years ago.
When Minister Chombo filed the constitutional application last year, the Speaker of the House of Assembly Mr Lovemore Moyo suspended the debate pending the outcome of the challenge.
Minister Chombo was being represented by Mr Terence Hussein of Hussein Ranchhod and Company.
Justice Garwe held that there was no problem in individual legislators introducing private bills, but such motions should not deal with Government policies and programmes.
The bill in question, according to the court, could only be moved by Cabinet and not individual parliamentarians.
“In the result, I find that where Government policies and programmes are concerned, the formulation and presentation of bills is the responsibility of Cabinet and no one else,” said Justice Garwe.
“That being the position, there can be no doubt that the respondents had no right in law to allow the introduction and debate of this bill,” said Justice Garwe.
The introduction and subsequent debate, the judge ruled, was unlawful as it was prohibited by the Constitution.
“In the result therefore, I make the following order:
“The introduction of the Urban Councils Amendment Bill HB.5.2011 before either House of the first respondent (Parliament of Zimbabwe) is declared to be inconsistent with the provisions of Section 18(1) and 18(1a) of the Constitution in that it is ultra vires clause 20.1.2 of the 8th Schedule of the Constitution of Zimbabwe and therefore null and void.
“The respondents shall pay the costs of this application jointly and severally, the one paying the others to be absolved.”
Minister Chombo argued that an amendment to the Constitution of Zimbabwe occasioned by the Global Political Agreement took away the MPs’ right to present bills to Parliament and bestowed the responsibility on the Cabinet.
He cited Article 20.1.2 of the new schedule 8 to the Constitution which reads: “The Cabinet . . . shall have the responsibility to prepare and present to Parliament all such legislation and other instruments as may be necessary to implement the policies and programmes of the national executive . . . ”
In the same Constitution Schedule 4 that existed before Schedule 8 reads:
“Subject to the provisions of this Constitution and Standing Orders, any member of the House of Assembly may introduce a Bill into or move any motion for debate in or present any petition to the House of Assembly . . . ”
Minister Chombo argued that the new Schedule 8 takes precedence over Schedule 4 and that the decision by Parliament to act on a Bill presented by private MDC-T legislators in 2011 was not procedural. Minister Chombo objected to the presentation of the Bill together with other MPs, but it was ignored.
Online Reporter
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