LSZ seeks to be included in law reform process

Patrick Chitumba Senior Reporter
THE Law Society of Zimbabwe (LSZ) has engaged government and legislators to be included in the ongoing exercise to realign a number of the country’s laws with the new constitution.
The government has indicated that the process to realign nearly 400 pieces of legislation with the new constitution that came into effect last year, is underway.
Apart from the existing legislation, the constitution has also created new organs and commissions such as the gender commission that require new laws to give them legal force.

In an interview on Wednesday, LSZ president, Lloyd Mhishi said since it is Parliament’s constitutional role to make laws that govern the country, his society could assist only as resource persons.

“As the Law Society of Zimbabwe we are in consultations with the Ministry of Justice, Legal and Parliamentary Affairs as well as the Speaker of Parliament regarding the law making process. While it is a constitutional preserve of Parliament to make laws, we can only assist as resource persons in drafting model laws for them to consider,” he said.

Mhishi commended government for the steps it has taken so far in the law making process.
He however said it was not an easy process, citing South Africa, which is still working on its laws even though the neighbouring constitution was adopted 20 years ago.

The new constitution was signed into law by President Mugabe on May 22, last year after being overwhelmingly endorsed during the March 16 referendum.
Mhishi said the Criminal Procedure and Evidence Act (Chapter 9:07) was one of the laws that the LSZ wanted revised to give rights to accused persons. He said suspects should be quickly brought to court after being arrested.

Section 50 (2) of the constitution says arrested persons should be brought to court within 48 hours, inclusive of public holidays and weekends, a departure from previous provision that did not take into consideration the said days.

“There is progress in alignment process on the part of the government. The National Prosecution Bill is now in the Senate and we see light as the Law Society of Zimbabwe,” he said.

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