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local authorities.
They argued that they wanted to be first taught on the complexities of the legal issues involved.
The Senators said there was need to hold a workshop for them as they were ignorant of legal issues and could not competently debate the issues that were being brought before them.
Chairperson of the Parliamentary Legal Committee and Mazowe Central MP, Mr Shepherd Mushonga had on Monday presented the Committee’s Adverse Report on Mberengwa Rural District Council, Norton, Marondera, Bindura, Kariba and Marondera councils.
But the Senators said the issues raised by Mr Mushonga were too technical and sophisticated they could not knowledgably debate on them.
This saw all the six motions being deferred.
In his presentation, Mr Mushonga said the statutory instrument effecting penalties for violating by-laws violated the Criminal Procedure and Evidence Act and the Constitution.
He said the local authorities sought to impose penalties of above level three that provided for a fine that is more than US$20 without referring the case before a magistrate court as required by the Act in such offences to allow a due process.
“In terms of Section 271(2) (b) as read with Section 141 and 356 of the Criminal Procedure and Evidence Act a fine above level 3 can only be imposed by a court of law after fully canvassing the essential elements of the offence,” said Mr Mushonga.
“This procedure is meant to afford an accused person the right to the protection of the law envisaged in Section 18 of the Constitution.
“This is because an accused person cannot be convicted until a court has satisfied itself that the person is indeed guilty.
“Therefore the proposed amendment takes away the protection created by the Act, and in so doing violates the right to the protection of the law.”
Nyanga-Mutasa Senator Patrick Chitaka (MDC-T) asked what the levels of fines the MP was referring to were all about.
Chief Musarurwa asked why the legal committee had only focused on these rural local authorities ignoring Harare where there are “reckless kombi drivers.”
Chivi Senator Josiah Hungwe (Zanu-PF) asked what offences the people had committed.
Mazowe Senator Agnes Dete said there was need for a workshop to have them appreciate the law.
Most Senators supported her suggestion.
Others said they did not understand the effect of adopting the Adverse Report.
Responding to the concerns, Mr Mushonga said he agreed with his colleagues on the need for workshops but it was not him who was responsible for that.
He said the legal committee could not scrutinise a Statutory Instrument from Harare because the city did not come up with any legal instrument in the period under review.
Mr Mushonga said the need for one to be taken before the courts affords him or her an opportunity to explain why he/she acted in the manner he/she would have done.
“An accused would have to explain to a magistrate why he parked on a prohibited area, maybe he had a puncture and had no option,” he said.
Online Reporter