adminthe fees were too excessive to be imposed without the involvement of elected representatives like Parliament.
The PLC also issued an adverse report on the Zimbabwe Youth Council (General) Regulations 2013 and the Mangwe Rural District Council (Sand Extraction) by-laws, 2013.
Senate President Cde Edna Madzongwe notified the Upper House last week of the three adverse reports by PLC, chaired by Mazowe Central MP Mr Shepherd Mushonga (MDC-T). According to the report, the mining fees issued through a Statutory Instrument by Minister Mpofu were too high, with some of them being non-refundable. “They impose a heavy financial burden on citizens and non-citizens alike who wish to invest in the mining sector. These hefty fees have been imposed through a Statutory Instrument, with little, if any input, from ordinary Zimbabweans through their elected representatives,” read the report.
“Legal instruments that impose hefty financial burdens are more appropriate for legislative enactment to the extent that this is the only way that ordinary citizens would be able to have input into the process through their elected representatives,” reads part of the adverse report.
In the report, the PLC said one of its mandates as set out in Standing Orders of Parliament and the Constitution of Zimbabwe was to ensure that Statutory Instruments did not contain matters more appropriate for parliamentary enactment.
“This, acting in terms of this Standing Order 201(1) the PLC formulated the view that the statutory instrument is unconstitutional in that it contains matters that are more appropriate for parliamentary enactment.
“This is in violation of the said Standing Order, which was duly made in terms of the Constitution of Zimbabwe,” read the report.
The regulations set several fees under the categories of application fees, special licence fees, registration fees, ground rental fees, export permit fees and fire assay fees, among others.
“It is pertinent to note that in the case of application fees, they are non-refundable. There is no regard to whether the application would succeed or not. Yet they range from a minimum of US$5 000 for an application for registration as an approved prospector to a maximum of US$1 million for an application fee for diamonds,” noted the report.
On the Zimbabwe Youth Council regulations, the PLC said there was a need to clarify on the definition of “youth activities.” It was noted that Section 5 of the Regulations provides for the procedure of registration of youth associations while the parent Act provided for the registration of national associations.
“A reading of the two sections clearly reflects that the regulations seek to create a new registration system which is not provided by the parent Act. This renders it ultra-vires the parent Act by providing regulations on those matters that are not provided for by the parent Act,” said the report.
On Mangwe Rural District Council, the PLC said the local authority had no powers to exercise discretion in imposing fines to offenders who repeated committing the offence without taking them before a magistrates’ court. The Upper House is now due to debate on them before a decision is made on whether to adopt or reject the regulations.
Online Reporter