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Vimbai Nyemba
THE legislative agenda set by the President of the Republic of Zimbabwe for the 10th Parliament closely aligns with the broader goals of Vision 2030, a plan to transform Zimbabwe into an upper middle-income economy, characterised by sustainable development, good governance and economic transformation by 2030.
The proposed legislation directly contributes to these objectives in several ways.
The Bills on the agenda’s focus on competition, economic empowerment, standards and climate change aim to create a conducive environment for businesses to thrive, promote industrialisation and foster inclusive growth.
Additionally, the amendments to the Plant Breeders Rights Act and Parks and the Wildlife Amendment Bill seek to enhance agricultural productivity and sustainable resource management, contributing to economic growth and food security.
Other Bills focus on improving transparency, accountability and the rule of law, essential for good governance and attracting investment.
Some address human rights issues, promoting a just and inclusive society.
There are also Bills aiming to enhance access to healthcare and social protection, improve quality of life and address social welfare issues.
Moreover, some Bills focus on modernising infrastructure, improving connectivity and ensuring access to essential services.
Additionally, measures contributing to creating a more inclusive and equitable society, harnessing the potential of young people and women, are being emphasised.
In summary, the legislative agenda aligns closely with Vision 2030 and provides a solid foundation for achieving a prosperous and inclusive Zimbabwe.
These legislative measures aim to create a conducive environment for sustainable development, good governance and economic transformation by addressing key economic, governance, social and infrastructure challenges.
Economic transformation and inclusive growth
By introducing legislation that promotes industrialisation, agricultural modernisation and ease of doing business, the Government is laying the foundation for economic growth and structural transformation.
This is essential for achieving the upper middle-income society targeted under Vision 2030.
These Bills include the Competition Amendment Bill; Economic Empowerment Bill; Standards Bill; Sugar Production Control Amendment Bill; Climate Change Bill; and Parks and Wildlife Amendment Bill.
Governance
Good governance is based on the rule of law, human rights and freedoms, transparency and accountability, equity, inclusivity and responsiveness and full participation of the people in socio-economic development.
This is reflected in the National Productivity Institute Bill; the Broadcasting Services Amendment Bill; the Zimbabwe Media Commission Amendment Bill; the Administration of Estates Amendment Bill; the Legal Practitioners Amendment Bill; the Inheritance and Succession Laws (General Amendment) Bill; the Radiation Protection Amendment Bill; the Biological Warfare Bill; the Trafficking in Persons Amendment Bill; and the Immigration Act Amendment Bill, among others.
Social development
Legislative reforms in health and education are focused on improving the well-being and skills of the population critical for driving productivity and innovation.
Bills such as the Medical Aid Societies Regulatory Authority Bill; the National Health Insurance Bill; the Persons with Disabilities Bill; the Pensions Amendment Bill; and the Occupational Safety and Health Amendment Bill aid in this respect.
Infrastructure development
Zimbabwe is committed to infrastructure development, a key component of Vision 2030’s long-term strategy, through building and improving infrastructure for various sectors through enacting the following: the Electronic Transactions and Electronic Commerce Bill; Postal and Telecommunications Amendment Bill; and the Zimbabwe Construction Contractors Council Bill.
Examining the Zimbabwe School Examinations Council Bill
The Zimbabwe School Examinations Council (Zimsec) Amendment Bill aims to amend the Zimsec Act by repeals and substitutions to align with the current educational environment.
The proposed amendments include changes to the composition of the Zimsec board, the introduction of additional offences under the Act, a comprehensive list of acts constituting examination malpractice and their corresponding penalties, as well as provisions for imposing penalties on institutions for examination irregularities.
The Bill seeks to curb examination leakages by imposing more severe penalties on offenders, thereby enhancing the quality and credibility of our education system.
The Teaching Profession Council Bill
The Teaching Profession Council Bill’s objective is for the establishment of the Teaching Profession Council of Zimbabwe and define its functions and powers.
The Teaching Profession Council of Zimbabwe will have the mandate to provide for the regulation of teachers, their practice and professional conduct and to provide for matters incidental to or connected to the foregoing, and this will guarantee teachers an appropriate regulation of their practice.
The establishment of the council will ensure that teachers are adequately qualified, competent and committed to their profession because the functions of the council will include, inter alia, registration of teachers, regulate the professional conduct of teachers, develop, maintain and improve appropriate standards so as to improve the quality of education in Zimbabwe.
The Bill aims to address the salient issues of teachers’ working conditions and professional development. In particular, one of the functions of the council is to advise the Government on matters relating to the teaching profession. The establishment of the Teaching Profession Council will signify an important move towards the acknowledgement of teaching as a full profession, thereby professionalising the teaching service and enhancing the public standing of teachers by setting standards of teacher welfare and working conditions, as well as spearheading the professional development of teachers.
The Teaching Profession Council shall establish a code of conduct in consultation with the relevant stakeholders to govern the conduct of teachers. The issues of collective job action will be governed by contracts and regulations of the teachers and their employers, and not the council.
State Service Pensions Bill
The State Service Pensions Bill is designed to create a comprehensive pension system for public servants in Zimbabwe.
It includes establishment of the State Service Pension Fund, which will collect pension contributions from both public servants and the Government and manage these funds.
The Bill also introduces a State guarantee to ensure that pension benefits will be paid, even if the fund’s assets become insufficient.
Additionally, the State Pension Board will be responsible for managing the fund and making investment decisions.
The Bill also addresses pension contributions, benefits and protections, as well as amendments to other relevant laws.
In conclusion, the aim of the Bill is to establish a robust and sustainable pension system to improve the financial security of public servants and attract and retain talent in the public service.
Public Service Act amendments
The Public Service Amendment Bill aims to make changes to the Public Service Act in order to bring it in line with the Constitution.
These changes are designed to enhance the effectiveness, accountability and fairness of the public service in Zimbabwe.
The key provisions of the Bill include the establishment of a new Public Service Commission responsible for appointments, promotions and discipline within the public service, as well as clear terms and conditions of service for Permanent Secretaries.
The Bill also strengthens non-discrimination measures in appointments and promotions, empowers the Public Service Commission to regulate the conditions of service for public service members, emphasises non-partisanship among public servants, recognises the right of public servants to participate in collective job action and strengthens provisions on discipline and misconduct.
These amendments collectively aim to improve the efficiency, accountability and fairness of the public service in Zimbabwe.
The Legal Practitioners Amendment Bill
The proposed legislation seeks to streamline the administrative procedures of the Judiciary and the Executive in the registration of foreign legal practitioners. Its primary objectives include simplifying residency requirements, streamlining registration processes, increasing transparency and fostering high ethical standards within the legal profession in Zimbabwe.
The amendment will ensure that for a legal practitioner to practice here in Zimbabwe they must be a resident in Zimbabwe.
In the event that they are not resident in Zimbabwe, they will be granted a resident exemption certificate.
Sections of the Legal Practitioners Act that will be amended include Section 5(1)(c) and Section 7 of the Act, which will limit the granting of the exemption certificates to legal practitioners from reciprocating countries.
In essence, the Bill seeks to ensure that Zimbabwe’s legal practitioners are equally recognised in other jurisdictions similar to what Zimbabwe has been doing to legal practitioners from other countries.
This Bill guarantees greater access to justice by ensuring that Zimbabweans who wish to secure legal expertise from other jurisdictions that have a reciprocal arrangement with Zimbabwe are afforded the opportunity.
And, at the same time, it also allows local expertise to equally export their skill to those jurisdictions in a mutually beneficial manner.
The Public Interest Disclosure (Protection of Whistle Blowers) Bill
The Bill seeks to protect lawful whistleblowing and protects whistleblowers against reprisals, dismissal from employment, victimisation, discrimination and harassment by employers. As such, the Bill facilitates disclosure of conduct that is adverse to the public interest in both the public and private sectors.
It also intends to protect whistleblowers by prohibiting commission or omission of detrimental treatment or conduct against any whistleblower by reason of his or her whistleblowing.
In terms of the Bill, protected disclosure includes any disclosure made in good faith to a person or an investigating authority in respect of which the reporting person reasonably believes that its true and the information disclosed, and any allegation contained therein, are substantially true.
There are no financial rewards or compensation for whistleblowers.
No liability shall be ascribed any whistleblowers for making a protected disclosure in good faith and no action, claim or demand shall be taken or made of or against the person for making the disclosure.
Frivolous and vexatious disclosures will not be protected under this law.
The Bill makes it a criminal offence for anyone who commits reprisals against whistleblowers. In order to give effect to this principle, the Bill proposes several mechanisms that will guarantee that reprisals shall not go unchecked and whistleblowers are protected.
This prohibition against reprisal includes against employers, principal officers as well as investigating officers.
A positive note of the Bill is that it provides the rights for a whistleblower or his or her dependants to institute civil proceedings in respect of a detrimental action taken against them by a Government agency or an employer.
The right to sue, however, prescribes in three years if no litigation was initiated within that period from the date the detrimental action is alleged to have occurred.
Conspiring or attempting to engage in reappraisals against a whistleblower is proscribed and will attract a prison sentence of up to five years or a fine not exceeding Level 10 for a natural person. For a corporate body, the fine for engaging or attempting to engage in reappraisal shall attract a fine of not more than Level 15.
Mrs Vimbai Nyemba is the Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs. She was speaking to The Sunday Mail reporter Tanyaradzwa Rusike.
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