With Mike Murenzvi
“Justice delayed is justice denied.” ~ William E Gladstone
The 9th of September 2024 marked exactly two months since the Criminal Laws Amendment (Protection of Children and Young Persons) Bill H.B. 4A, 2024 was passed by Parliament. As mentioned in previous articles, the Act is still to be signed into law by the President.
What’s the status?
The Parliament Bill Status Report as at 6 September 2024 reports “yellow copies transmitted to the Office of the President and Cabinet for Presidential Assent” on 20 August 2024.
No official notice has been published in the Government Gazette stating the date on which the Bill was sent to the President as required by the Constitution.
Assuming that this is correct, then the 21-day clock for Presidential review and either assent or rejection began on 21 August 2024. Those 21 days ended on Tuesday 10 September 2024.
21 days for assent or detailed rejection
Section 131 of the Constitution gives definitive procedural guidance on the process of enactment of an Act of Parliament. The Speaker of the National Assembly must give notice in the Government Gazette advising of the date on which a Bill was sent to the President for assent.
From that date, the President has up to 21 days to either assent to the Bill, and therefore enact it, or to refer it back to the National Assembly with detailed reasons for withholding assent. This refusal may be because of sections that the President feels are unconstitutional or for any other reason detailed.
A Bill referred back to Parliament must be promptly reconsidered by the National Assembly to address the President’s reservations. Either the National Assembly will make necessary amendments to deal with the reservations or, if it disagrees with the President, vote to pass the Bill with or without amendments by a majority of at least two-thirds of the membership.
The delivery and notification process of the Bill from the Speaker to the President is repeated, with the same 21-day timeline for assent, but now the President must either assent to the Bill in its current state or refer it to the Constitutional Court for determination of the questioned provisions.
If the Constitutional Court declares the Bill to be constitutional, then the President must assent to it and sign it immediately. It must then be published in the Government Gazette without delay.
Has the Constitution been breached?
The question of whether we’re now in overtime and the President has breached the constitutional provision to assent to the Bill or refer it back to Parliament is key.
The Speaker of the National Assembly did not or has not published a notice in the Government Gazette of the date on which the Bill was sent to the President. All we have is a Bill Status report on the Parliament website saying that the Bill was sent on 20 August. This is a breach of the section 131(5) of the Constitution.
If we accept that the President received the Bill on 20 August, regardless of the publication of the delivery notice, the 21 days to consider the Bill for assent has passed without action. This may represent a corresponding breach of section 131(6) of the Constitution.
All constitutional office bearers make an oath or affirmation to the effect of being faithful to Zimbabwe and observing, upholding, and defending the Constitution and all other laws of the country. It’s high time they live up to it.
[Also read: COLUMN | There’s no law: Child protection – Produce the Act Now Without Delay
COLUMN | Common Law: Our MPs have, yet again, left Zimbabwe’s children at the mercy of sex predators
Common Law | Protection of Children: When bad drafting meets negligence
COLUMN | Protection of Children – Bill Passed, Over to You Mr President]
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Mike Murenzvi writes in his personal capacity and his views are not associated with any organisation he is, or may be, affiliated with.
