Law Development Commission actively reforming Zim legislation

The Law Development Commission (LDC) is a critical statutory body, whose mandate is to recommend legal reforms and revise statute law to keep it up-to-date. Our reporter NYORE MADZIANIKE last week spoke to the Ministry of Justice, Legal and Parliamentary Affairs Permanent Secretary, MRS VIMBAI NYEMBA, to understand the work that the commission has been doing over the years.

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Q: When was the LDC established?

A: The LDC was established in 1988 with the enactment of the Law Development Commission Act [Chapter 1:02]. The commission is headed by a chairperson, who is a person qualified to be a Supreme Court judge. The deputy chairperson is also qualified to be a Supreme Court or High Court judge. Other members of the commission include the Attorney-General, Law Reviser and a varying number of legal experts.

The exact number of legal experts on the commission can range between three and seven individuals. These legal experts are chosen for their expertise in relevant areas of law.

Q: What motivated the establishment of such a department within the ministry?

A: The mandate of the Ministry of Justice, Legal and Parliamentary Affairs differs from that of the LDC. The commission’s mandate is outlined through its functions, which are specified in Section 5 of the LDC Act and are as follows:

1. a) to promote the development and reform of the law;
2. b) to review the law and its administration;
3. c) to make proposals for the elimination from the law of any defects of a policy or substantive nature;
4. d) to make proposals for the simplification or codification of any branch of law;
5. e) to make proposals for bringing the law into accord with current national and international trends;
6. f) to make proposals for the fusion or harmonisation of the customary law with the general law of Zimbabwe;
7. g) to promote awareness of the law by the public and by Government departments and other authorities or bodies; and
8. h) to propose new or more effective procedures for the administration of the law and the dispensing of justice.

Q: How are the LDC’s operations independent from the ministry?

A: The LDC’s mandate extends beyond the Ministry of Justice, Legal and Parliamentary Affairs, encompassing all ministries, departments and agencies. This means the commission has the authority to engage with and make proposals for legal development and reform across various sectors and areas of governance in Zimbabwe.

Its scope is not confined to specific Government entities but covers a wide range of governmental bodies as far as law revision and law reform are concerned.

Q: Please give us more details on how the commission is also involved in sprucing up our laws.

A: The commission is actively involved in the revision and reform of legislation in Zimbabwe. The commission does not keep an official count of the number of laws it has “cleaned”.

Its role is primarily focused on proposing legal development and reform, rather than directly implementing or amending laws. The commission conducts research, engages with stakeholders and makes recommendations for law development and reform, but the actual process of enacting or amending laws lies with the relevant authorities, such as Parliament or responsible Government departments. However, the commission was involved in the following areas of law:

1. a) admissibility of DNA evidence;
2. b) age of consent;
3. c) witness protection and whistleblow- ing; and
4. d) cyber and data protection, among

Q: What role does the LDC play to ensure the public is involved in the law-making process?

A: It is important not to confuse the mandate of the commission with that of the Legislature.

The LDC’s mandate is mainly advisory and in discharging its functions, it is open to views from the public and other key stakeholders; thus, it adopts a consultative approach.

Section 6 of the LDC Act provides for the powers and duties of the commission. Section 6 (g) allows the commission to receive proposals for consideration from individuals and bodies.

Furthermore, when the commission conducts public legal awareness campaigns, as mandated by Section 5 (g) of the Act, it also takes advantage of encouraging people to participate or get involved in the law-making process.

Q: Does the commission offer legal assistance?

A: The commission does not directly provide legal advice to individuals or organisations.

However, it has a mandate under Section 5(g) of the LDC Act to engage in public legal awareness campaigns to educate the public and Government departments.

This exercise informs the target audience about legal rights and responsibilities, and dispels any misconceptions or misinformation related to the selected legal topic.

The primary purpose of these campaigns is to enhance legal literacy and promote a better understanding of the law among the targeted audience.

By providing accurate and accessible information, the commission aims to empower citizens and Government entities to make informed decisions and actions within the legal framework.

It is important to note that, while the commission’s legal awareness campaigns provide valuable information, they do not substitute for professional legal advice tailored to specific circumstances.

For individuals who qualify for the service, there is the Legal Aid Directorate, which may be of assistance on specific issues, and for Government departments, they may approach the Office of the Attorney-General’s Civil Division.

Q: Does the LDC play any role in the alignment of laws to the Constitution?

A: The mandate of aligning laws to the Constitution primarily rests with the Office of the Attorney-General, with coordination from the constitutional and parliamentary affairs within the Ministry of Justice, Legal and Parliamentary Affairs.

This department is responsible for ensuring that legislation is in line with the provisions and principles of the Constitution.

However, the commission also plays a role in the alignment process as a technical member of the Inter-Ministerial Taskforce on the Alignment of Legislation.

Through its functions, such as summarising judgments of superior courts, the LDC may come across recommendations regarding the alignment of legislation to the Constitution.

If the commission identifies such suggestions, it can recommend them to the ministry responsible for the specific legislation in question.

Additionally, the LDC currently houses the office of the Law Reviser.

As part of its statutory duties, the office of the Law Reviser reviews statutes and identifies any that may require alignment with the Constitution.

In such cases, the commission can notify the ministry responsible for the legislation, bringing attention to the need for alignment.

Also, the commission is mandated to make proposals aimed at aligning the law with national and international trends.

This mandate is derived from Section 5(e) of the LDC Act.

When proposing harmonisation of laws, the commission follows a rigorous research process to provide a solid foundation for the law-making process.

This research involves studying existing laws, analysing national and international legal frameworks, examining case law and considering best practices from other jurisdictions.

The purpose of this research is to gather comprehensive information and insights into the subject matter, identify areas of misalignment or gaps in the law and propose appropriate changes.

By conducting thorough research, the commission equips lawmakers with a better understanding of the issues at hand and the potential impact of proposed changes.

This research serves as a foundation for informed decision-making during the law-making process.

It enables lawmakers to assess the feasibility, implications and potential challenges associated with harmonising the law with national and international trends.

Q: A snap survey by The Sunday Mail revealed that the LDC is not well-known by the public. What could be the reason?

A: The commission has not done any surveys on this aspect.

However, through recommendations from some of its work, we may adduce some reasons for it being little-known to the following: The work of the LDC is mainly technical.

It involves looking for legal gaps in judgments of superior courts and then long research processes that may be less of an interest to the general public.

This could make it challenging to effectively communicate the commission’s activities and objectives in a way that is easily accessible and relatable to the public.

However, the LDC has been involved in numerous public legal awareness programmes to educate the public on topical laws and aid in it being known.

The commission generally receives limited media coverage, which can contribute to its relatively low visibility among the public.

The media plays a crucial role in disseminating information about organisations and their work, and without sufficient coverage, public awareness may remain limited.

The public awareness programmes done lately, mainly on the Marriages Act, have, however, led to some members of the public knowing about the LDC.