Nass Module 2 .Doc; Legal and Parl Affair

8/11/2019 Nass Module 2 .Doc; Legal and Parl Affair

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NATIONAL AND STATEGIC STUDIES

MODULE 2

LEGAL AND PARLIAMENTARY STUDIES

CONTENTS

TOPIC

PAGE

1. Law:

Definition.2

Purpose3

Nature..3

Origins of law..3

Law making process4

Classifications/Divisions.5

2. Constitution:

The Constitution....6

Doctrine of separation of power7

Constitutional provisions...8

Declaration of rights..9

3. Executive:...11

The President.12

Functions of the President.12

Public Service13

Uniformed forces...14

4. The Legislature:.15

Composition..15

Constitutional amendments...17

Elections17

Commissions.17


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LEGAL AND PARLIAMENTARY AFFAIRS

1. LAW

1.1 Definition

Can be generally defined as;a) rules of behavior enforced by society

b) a body of established norms for the good governance of society

Austin defines law as,

c) a command set, either directly or circuitously, by a sovereign individual and

/or body, to a member or members of some independent political society in

which his authority is supreme.

Salmond defines law as,

d) consisting of principles which are recognized and enforced by the courts in

the administration of justice.

Vinshisky (a one time attorney general in Russia in the ninetieth century) defines law

as;e) rules and regulations put in place by those in power in order to protect their

interests.

The major elements in Austins definition are:

1) the command of a sovereign. This suggests use of force and the right to

command.

2) The definition is deficient in that it lacks such ethical elements as justice,

consistence and uniform application. In this present day and age law is looked

at as the balance and union between mightand rightnessorjusti ceand

legitimacy.The definition also excludes the law enforcement aspectthe courts.

Salmond, an English judge emphasizes the aspect of principle and recognition and

in typical English legal tradition leaves room and gives a free hand to the judge to

determine what is a recognized principleand what is not. Moreover this definition does

not deal with the element of legitimacy assuming that English political authority is

right and legitimate always and everywhere and in one statement legitimating such

evils as colonialism or wars of conquest.

A principle can be defined as something that can be applied over a large range of

cases resembling one another in their most essential features and the result or

outcome is invariably the same.

Vinshisky s definition is more behavioral in approach and scope and explains the

origins; purposes and justification of such laws as the Hut tax the Land apportionment

act and the Land Tenure act in pre-independent Zimbabwe. It also explains the

current laws being made to reverse the very same laws e.g. the Land acquisition Act,

POSA and AIPPA. Everywhere even in Britain law is not made in pursuit of that

elusive thi ngcalled justice but for the protection of the interests of those in power. To a

large extent this is a Marxist definition and is precise in so far as it is realistic and not

idealistic. No law is just per se. All law is premisedon maintaining the status quo and

the advantages - political and economic- of those in authority or of the ruling class.


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1.2 Purpose of Law;

1.2.1 Realistically the purpose of law is to protect the interests of those making the

law.

1.2.2. Idealistically the purpose of law is to bring about law and order, predictability,

stability and peace.

1.3 The nature of law

Man is a social animal. The term society or communitysuggests norms or behavioral

patterns in the society. Behavior patterns become social customs with the passage of

time, usage, and acceptance. Social customs attract social sanctions if and when

violated e.g. Labeling such as ur i nzenza orostracism etc. Social custom evolves into

legal custom once they are enforced and accepted in the law courts e.g.. van Breda and

Others vs. Jacobs.

1.4 Natural law or lex Naturalis and the origins of law.

Natural law can be viewed broadly as a product of the biblical principle do unto

others as you would want them to do unto you. Evolutionists suppose that man had to

escape from a state of naturethat is lawless society.In such a society each member of

society does as he pleases and is a law to himself and does not value nor does he respect

the welfare of others. Thomas Hobbes views law as an authoritarian command, which

should be legitimated by its consistence or compliance to natural law that is one gives

as much as he is willing to receive. One enjoys unchallenged enjoyment of staying in

his house because he in turn does not threaten the undisturbed enjoyment of other

peoples homes.

Statute law or legislation is just law if only it is an extension of natural law.

Lawmakers are therefore bound by natural law and it flows naturally fr om right

reason. Natural law is seen as the moral basis and norm for legislators and

governments. The state is thus a product of men or members of society contracting to

appoint a single body or will to bear or represent all of them. Members of society

therefore enter into a social contract, which is characterized by a mutual transfer of

rights. Lex naturalis proscribes man from doing that which is destructive of his life or

taking away the means of preserving his life. Man in a state of nature has the right to

everything and is governed by his own reason and can do anything to anyone to

further his interests. Thus man should be willing if and when others are willing and in

so far as his security and peace are assured as he sees it, waive his right to every thing

and be satisfied with as much liberty against others as s he receives from others. Every

member of society should therefore surrender as much in terms of rights as the other

person is prepared or willing to surrender. This alludes to the entering of a social

contract by people whose desire is to escape from a state of nature. All modern law is

presumed to be based on natural law.


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1.5 The origins of law /Sources of law

1.5.1 Persuasive sources of law

These are references, which the law courts resort to in order to tilt the balance

for or against a decision or controversial point of law. These are; a) social

custom, b). Legal literature by jurists, c) Judicial precedent specifically ObiterDicta or that part of a judges decision in a novel case which are side statements

and not the actual principle.

1.5.2 Binding sources of law

These are references, which are followed in determining what is legal, or are

not. It consists of legal principles in the following forms;

a) Legal custom; Social custom that can be enforced in the law courts

b) Judicial precedent/common law; the legal principles established each

time a new case or situation comes before a judge. It is based on ratio

decided, that is the legal basis on which a decision is reached.

c) Legislation; this refers to law made by the legislature or parliament andis termed statutory law or acts of parliament. Parliament delegates its

authority to make law to such bodies as municipalities and the law they

make is termed delegated legislation that is, statutory instruments or by

laws. Where there is a conflict between the various laws, the statutory

law position takes precedence and nullifies any other position.

1.6 Principles / characteristics of legislated law

All law, to be valid, should be seen to possess the following elements;

i) Doctrine of impartiality;

a) Equality -there should be seen to be equality in the application of law

among citizens.

b) Uniformity - there should be spatial uniformity in the application of law.

c) Just application- law should be seen to be morally right.

ii) Authority;

a) Separation of powersthe legislature, judiciary and the executive

should be separated to ensure counterbalancing and counterchecking the

exercise of the powers of state.

b) Doctrine of ultra and intra virus- all law should be made within

the confines of the law i.e. in consistence to/with the constitution.

iii) Certainty;

The law should not be retroactive or ex-post-facto.


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1.7 Divisions/classification of law

LAW

National Law International Law

Criminal Law

Private

International

Admin Law LawPublic

International

Constitutional Law Law

Law of treaties

Civil Private Law

Law of sea

Commercial Law

Company Law

Family Law

Industrial Law

Labour Law

National law is the body of rules and regulations that govern the behavior of citizens of and

within a specific country and it is further subdivided into three specializations. These three

distinctions are not based on the type of act/omission but on the legal action that follow.

Criminal law is where criminal proceedings are instituted against a person for committing a

crime that is an act or omission that attracts sanctions fines or imprisonment or both. The

parties in criminal proceedings are; the State vs. the defendant or the accused. The outcome is

guilty or not guilty.

Civil law is where civil proceedings are instituted or where an individual sues another

individual in a legal suite. The parties in civil proceedings are the plaintiff or complainant (the

one suing) and the defendant (the one being sued). The result of or sentence of the proceedings

is commission of a wrong or no commission. The sentence can be damages, compensation,

restitution or performance.


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Administrative law is the law that relates to the operations and functions of formal

institutions in so far as their relations with the state and their employees is concerned.

International law is the law that regulates relations between states and is based on

conventions, custom, treaties and bi-lateral and multilateral agreements. It differs fromnational law in that where as national law has a law-enforcing agency to back it in the form of

the army and police and prisons, international law has none of these law-enforcing agencies

and relies on the goodwill of states, which in many instances is lacking. International law can

be private international law or public international law. The former deals with disputes

between citizens of two different countries and these are mostly trade disputes. Public

international law is the law that relates to disputes between states and these are normally

issues relating to boundaries, war, or natural resources access. International law is the law

that governs the behavior of states and to a growing extent the behavior of nationals within

states e.g. War crimes, crimes against humanity and terrorism.

1.8 Substantive and adjectival law

This classifications cut across all the above categories.

Adjectival law can be defined as the law that relates to the enforcement of rights and

duties liberties and powers specifically the law of procedure and evidence for an

example civil and criminal pleadings. In civil procedure the plaintiffs claim is termed

the declaration and the defendants response is termed a traverse (countercheck

quarrelsome according to Dickens).

Substantive law is that law that lays down the peoples rights, duties, liberties and

powers e.g. the constitution or an act of parliament.

2. The Constitution

Most nations have a written constitution as the supreme law of the country. The

United kingdom stands out as the odd case that has no one clear document written and

termed a constitution. The UK has precedent, custom as well as separate pieces of

documents that all add up to what may be interpreted as a constitution. A constitution

is the body of rules and regulations that sets out the authority of those in power or and

the extent and limits of the exercise of executive power. It also sets out the rights and

duties of the citizen. These two aspects are contained in the doctrine of the separation

of powers and the doctrine of intra-vires and ultra- vires.

2.1 THE LANCASTER AGREEMENT OF 1979

After fighting a successful protracted war of liberation, The First Chimurenga war, the

settler colonialists and Britain succumbed to the reality of defeat and had to negotiate

for peace and unlike the previous occasions where peace talks were unsuccessful, it was

imperative that a solution had to be found to the war of liberation in Zimbabwe if the

settler community and British interests were to be safeguarded. The Frontline states

were also a major factor in the search for peace at the conference in that there were


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clear signs of war weariness on their part. This scenario was ideal for the settlers in

that there was every chance of as they saw it of getting into power I they or their stages

the DNC were to get into power. The major problems provisions of the agreement

were as follows:

2.2 The Separation of PowersThe state has three arms whose functions are separate and these are;

Government/Executive

Judiciary

Legislature

The State is that intangible aspect of every nation that can be defined as the authority

and identity conferred by a people within a country to themselves and for which there

is a force in the form of an army to defend that authority. A state does not change or

vanish unless territory is annexed by another state through conquest or agreement or

the population becomes non existent and the territory becomes uninhabited that is

terra nullius. Sovereignty is therefore not conferred on a nation but it is claimed byeach individual nation people and asserted through the exercise of executive powers

and the ability to enter into diplomatic intercourse with other nations.

A Nation is the peoples within a geographical entity called a country whose aspirations,

interests shall so decide the shaping of their destiny.

A Country is geographical space marked by natural or man-made boundaries.

2.3 The doctrine of separation of powers.

The three arms of state are supposed to act as checks and balances on each other so

that there is no abuse of power by anyone aspect or arm of state. This ensures that the

judiciary is impartial and does not make any law. The legislature is the supreme law

making body and has no restricted competency and can change or amend the

constitution.

2.3.1 Ultra-vires and intra-vires doctrine

Parliament can only make law that does not violate provisions of the

constitution and the executive or government must exercise its authority as

provided for in the constitution. When the executive or parliament acts within

their powers they are acting intra-vires when they act outside their powers as

provided for by or in the constitution, they are acting ultra vires and there is

therefore no rule of law. When parliament makes law they act intra-vires the

constitution there is therefore the rule of law. Any influence by foreign or

illegitimate forces in relation to constitutional uses, were national interests are

concerned; the wish of the state thru the national force (people) shall take

precedents in the interests of sovereignty.

2.3.2 Public order


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Public order refers to a situation in the nation when every individual is able to

exercise his/her constitutional rights without infringing or interfering with the

rights of others or endangering state security and national sovereignty by

championing blatantly clear foreign interests that seek to reverse the gains of

independence and self rule and by so doing compromising state national

sovereignty. Democracy is therefore a qualified and subjective term that doesnot give license to any individual or group or political party the right to exploit

situational hurdles in the history of Zimbabwe to compromise national

sovereignty and the ethos of the preservation of freedom. If and when that

happens, the custodian of the nation, the army and every patriotic

Zimbabwean, should by all means available, defend the nation and democratic

rights can and should be suspended until such a time as these are compatible

with our historical aspirations. Public order therefore entails the capability of

self-censorship with respect to the exercise of individual constitutional rights

especially the rights of expression, speech, assembly and association. In the

latter case, the constitution cannot be read to mean that belonging or

associating with a subversive organization or unpatriotic party or ill associationwhose interests are to destabilize peace, order and security is a right guaranteed

by the constitution.

2.3.3 Democracy and traditional Zimbabwean systems of governance.

Democracy as a system of governance is of Greek origin. Its main tenet was its

attempt to bring about an inclusive rather than an exclusive form of governance

that is typical of the monarch or king. A monarch has its merits and demerits

and so does democracy.

The traditional Zimbabwean system of governance while having its

shortcomings was nevertheless superior to both the former aristocratic

European system of governance and the present form of democracy as

championed by the West especially The U.S.A. and its lackey the U.K. Demo

means people and cracy means rule. Democracy means people rule. Hence

aristocracy that is rule by the top few or kleptocracy that is rule by thieves.

Democracy as a system of governance is not established through elections only.

In the traditional Shona system of governance ushe hwaive madzoro first and

foremost, that is there was no permanent ruling class or family as in the present

American and European systems where the super rich and well connected and

acceptable few in terms of race and ideology qualify to rule that is the rich

Anglo Saxons. (Jews, Chinese, Hispanics and especially lacks are excluded from

the presidency on no other grounds other than that that they are from these

minority groups.

Secondly, the community was always represented at large in the kings dare

and this system of inclusion permeated the whole structure from top to bottom

and it was reflected in the family governance where the family was not run by

the father tyrannically but involved and to a large extent today does involve the

mother the children who have come of age and the check and balance of the

extended family vana tete nana babamunini.


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suppressing a riot, insurrection and unlawful gathering, or in preventing the

commission of a crime or if the cause of death is a lawful act of war.

b) Right to Personal liberty

Such a right can be exercised by any citizen excerpt where; the person is

sentenced to a prison term by a court of law for a criminal offence or forcontempt of a court of law or in a civil suit or where a parent or guardian so

requests the court for the welfare or education of an individual between 21 and

23 years old or in order to prevent the spread of a disease or if the person is of

an unsound mind, is a drug addict an alcoholic or is an illegal immigrant or

subject of an extradition process.

Any person so detained is entitled to legal representation and should be charged

within a reasonable period and where a person is unlawful detained the

detainee is entitled to compensation from that person or authority detaining

him/her.

c) Protection from slavery and forced labour

Excerpt where such labour is in compliance with a court sentence or is

necessary for hygiene and the maintenance of the places of lawful detention or

is a requirement by a parent for purposes of parental discipline or labour

required by virtue of belonging to a uniformed service or required of any

citizen during an emergency.

d) Protection from inhuman treatment;

Such as torture or other degrading punishment. Where as reasonable force or

corporal punishment is acceptable in effecting an arrest or for a parent or

anyone in loco parentis over a person eighteen years and below and under his

custody.

e) Protection From deprivation of property

Every Zimbabwean citizen shall not be compulsorily deprived of his/her

property or right therein excerpt;

When legally required by law in the case of land for the utilization of such land

for purposes of agricultural settlement or other use or for land reorganization

such as forestry and game parks or for purposes of relocation of persons

affected in the former cases, or for purposes of public defense, public order and

safety, morality, health, town and country planning, or for any other public

good.

Where such land is thus acquired it will be done according to the law in force at

that time allowing for reasonable notice and fair compensation.

f) PROTECTION from arbitrary search and entry of the person or his property


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Except where the person so searching is parent, or for purposes of the defense

and security of the state, public health, morality or town and country planning

or in the enforcement of the law where there are reasonable grounds of

suspicion of the existence of a crime.

g) Provision to secure protection of the lawAll citizens are entitled to the protection of the law. Where a person is charged

with a criminal offence that person should; be brought before an independent

and impartial court within reasonable time, is innocent until proved otherwise,

is entitled to legal representation and to defend and cross examine witnesses

and no person is guilty of an offense post facto.

h) Protection of freedom of conscience

Every citizen except for minors or with his/her own consent has a right to

freedom of thought, religion (belonging or changing), freedom to individually or

severally in public or private to propagate/ manifest his/her religion through

worship teaching practice and observance. No person attending an educationalinstitution shall be compelled to receive religious instruction contrary to his/ her

religion, unless in the interest of group discipline.

Any community is entitled to provide religious instruction to its members at its

educational institutions. Provisions on guardianship powers may limit freedom

of conscience.

i) Protection of freedom of expression

Every citizen save for minors or with ones own consent is entitled to hold his

her own opinions on any issue and receive and impart such opinions or

information without interference Excerpt where, The law makes provisions for

the sake of the defense of the nation, public safety and order, economic interests

of the state, public morality and public health to;

Protect reputations privacy, and rights of others, Maintain confidentiality,

protect parliament, the courts and tribunals, and regulate technical aspects of

telecommunications and the electronic media and preventing any unlawful

communication. Freedom of expression is exercised within the parameters of

justification, fair comment and qualified or absolute privilege.

j) Protection of freedom of assembly and association

With the excerption of minors or through his own consent every citizen is

entitled to assemble and associate and belong to or not to be compelled to

assemble or associate with any group, political party, union for purposes of

protecting and propagating his/her interests. Excerpt where the law makes

provisions for the sake of public order, safety morality, health, security and

defense and the regulation of companies or other business enterprises. The

associations whose interests are known to comprise security and order shall be

diffused under the prohibition from commitment of crime.


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k) Protection from discrimination on the grounds of;

Race, religion, ethnicity, gender, political affiliation, place of origin tribe, etc.

No law or practice shall be deemed lawful if it violates this provision excerpt in

the cases of adoption, marriage divorce, burial devolution of property or any

matter pertaining to personal law or relating to immigration status,qualifications for purposes of employment not relating to any of the above.

l) Enforcement of rights

Where an individual feels that his her rights are violated the said person shall

appeal to the supreme court which alone has the prerogative to hear and

deliberate on all matters relating to the constitutional provisions on the

fundamental freedoms.

2.4.4. The Executive

The executive arm of the state consists of the Head of State the president, theVice presidents, the Cabinet, the ministries or/and the civil service, the Security

agencies that is the Zimbabwe Defense Forces, the Zimbabwe Republic Police,

The Prison Service, And the Central Intelligence Service.

a) The President

i) Is the head of state, is the executive head of government, and is the

commander in chief of the Defense Forces. Is the Pre- eminent person in

the Nation.

ii) Qualification.

Should be a citizen of Zimbabwe by birth, or descent, should be forty

years and above, is ordinarily resident in Zimbabwe.

(NB. To be read into the constitution although the document is silent is

that the presidential aspirant should espouse and uphold the aspirations

of the nation, derived from assertions leading to the war of liberation in

the preservation of freedom, independence and national interests uphold

Zimbabwes ENDURING POLITICAL TRADITION as represented by

the values of the War of liberation.) Should hold no criminal record.

iii) Election.

Is an elected y voter on the common roll and within ninety days before

the expiry of the presidential term and in the case of death, incapacity or


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2.4.5 The Public service

The constitution provides that a public service be established for the

administration of the country. This consists of all the ministries and

other institutions through which government implements its programs.

Members of the Public service are appointed on merit and have securityof tenure, are not political appointees and at most are not expected to

engage in active politics.

The affairs of the Public service are managed by a commission, which

consists of a chairperson and not less than two and no not more than

seven members. The president appoints the members.

2.4.6 The Attorney General

Is the principal legal adviser to government, holds a public office but is

not a part of the public service.

The president appoints him after consultations with the judicial servicescommission. Only persons suitable for appointment as judges are

qualified to be A.Gs. The A.G. is an ex-officio member of the cabinet and

his main functions are to institute criminal proceedings, and to prosecute

or defend an appeal from all criminal proceedings.

2.4.7 The Police Force

The police force is provided for in the constitution with the specific task

of preserving the internal security in the country and the maintenance of

law and order.

A police commissioner appointed by the president heads the ZRP.

A Police commission headed by a chairperson who is the Chairperson of

the Public service commission manages the affairs of the Police force.

2.4.7 The Zimbabwe Defence forces

To defend the territorial integrity of the nation, the constitution provides

for the establishment of an army consisting of an Air force, and an Army

ground troops and any other specializations deemed necessary for the

defence of the nation and provided for through an act of parliament. The

commander in chief of the defence forces shall be the President.

The affairs of the army are managed by the defence forces commission

consisting of a chairperson (the Public service chairperson) and not less

than two and no more than seven other members.

2.4.8 The Prison service

Tasked with the responsibility of protecting society from criminals by

incarcerating them and rehabilitating and reintegrating them into


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society. The prison service is headed by a Prison service commissioner

and the affairs of the service are managed by a Prison service

commission headed a chairperson (the head of the public service

commission) and between two and seven other members.

2.4.9 The Intelligence serviceProvided for by the constitution as part of the office the President with

the specific task of providing, through conventional and unconventional

means, information of any type necessary for the protection of the

nations economic, political, social or cultural and other interests. A

Director General appointed by the President heads the service.

2.4.10 The Ombudsman

Holds public office buts not a member of the public service. He she is

tasked with the responsibility of receiving any complaint from members

of the public on the function or lack of it of member of the civil service.

2.4.11 The Comptroller and Auditor General

Holds a public office but is not a member of the Public service. His/her

main functions are to examine or audit at least once a year all ministries

or persons or institutions entrusted with the receipt or the use of public

funds, that is, monies from the consolidated revenue fund. (C.R.F). The

president appoints him after consulting the Public service commission.

2.4.12 The C.R.F.

All monies collected for and on behalf of government as taxes, fees, fines,

profit etc. are deposited into the CRF and used or withdrawn from that

account as allocated funds under respective ministerial budgets excerpt

where the authority is allowed to retain the monies so collected and for

use to defray their expenses as provided for through an act of

parliament. The allocation shall be made through the Budget process in

Parliament as votes to Ministries and government departments.

3. THE LEGISLATURE

Parliament has the supreme authority to make law in and for Zimbabwe. No law made

elsewhere is binding or legal unless Government accedes to or ratifies such law

through parliament. International law or other legal protocols are binding only if and

when parliament ratifies such directly or through an act of parliament. Parliament can

delegate it authority to make law to other bodies such as local government authorities

or parastatals.

3.1 The law making process in parliament


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The process of making law in parliament is open to any member of society. Most of the

law however comes in the form of bills o proposals from concerned ministries and not

as private members bills. The stages in the law making process are as follows;

3.1.1 Proposals- anyone can make law proposals.

3.1.2 Expert/legal input- relevant ministry or and Attorney generals office.

3.1.3 Draft bill- distributed in parliament.3.1.4 First readingnotification in parliament; no responses from MPs.

3.1.5 Second reading- no responses from MPs.

3.1.6 Committee stage

3.1.7 Report stageresponses and inputs from MPs.

3.1.8 Third readingresponses from MPs.

3.1.9 Third readingvoting

3.1.10 Presidential assent Gazzetting.

At each stage of the readings, reference is made to the Parliamentary Legal

Committee, which shall consider inputs from MPs from a legal point of view

and produce adverse or non-adverse reports where necessary.

3.2 Composition consists of: -

- The President

- One hundred fifty members of parliament elected appointed and nominated as

follows;

- 120 elected by voters on the common roll and representing 120 constituencies

- 8 provincial governors appointed by the president

- 10 chiefs elected according to the electoral law

- 12 members appointed by the president.

3.3. Non-voting members of parliament

- The president

- Vice presidents and ministers if not members of parliament and the AG.

- The Speaker and Deputy Speaker

The speaker is the presiding officer whose function is to facilitate the process of

legislation by ensuring that debate and voting and al other procedures related

to legislation are conducted in the manner prescribed by the standing rules of

the house. The speaker is elected from persons who have been members of

parliament before and his tenure of office lasts a full parliamentary term unless

he/she resigns or becomes a minister or vice president while his/her term has

not expired

Or becomes an MP.

3.4 Administrative staff of parliament

- Secretary to Parliament

Appointed by the committee on standing rules and orders and is the pre-

eminent administrative officer of parliament. Holds a public office but is not in

the public service.


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- Clerk to parliament

He is the chief administrative officer and holds a public office and supervises all

other supporting staff like clerks, stenographers accountants etc.

- Sergeant at Arms

He holds a public office and is a member of the police force and ensures thatorder is enforced in the legislative assembly.

3.5 Parliamentary Legal committee

The committee consisting of not less than three and is appointed by the parliamentary

committee on standing rules and orders at the beginning of each parliamentary term.

The members of the committee shall in the majority be legally qualified.

The functions of the committee: -

- Examine every bill other than constitutional bills

- Examine every statutory instrument.

3.6 Tenure of Members of Parliament

Shall last the full term of parliament or until parliament is dissolved

Membership shall also laps: -

- If member dies before dissolution of parliament

- On resignation by letter to the speaker

- Is absent for twenty one consecutive sittings/days in one session of parliament

- Ceases to be a member of his political party

- Becomes speaker or president or provincial governor or assumes any public

office.

- Is placed under a curator bonis

- Is mentally or physically unfit

- Is incarcerated for more than six months

3.7 Parliamentary privilege and immunity

These are fixed through an act of parliament but broadly no member of parliament is

criminally or civilly liable in any act or utterance while performing his/her

parliamentary functions.

3.8. Legislative function of MPs

By/through bills passed by parliament and assented to by the president within twenty-

one days of being passed by parliament

A bill becomes law if MPs present vote with a simple majority provided that members

present a re a quorum that is not less than twenty-five.

3.9 Constitutional amendment

Parliament has the power to amend change or repeal the constitution through an

affirmative vote of not less than two thirds of members of parliament.


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3.10 Parliamentary elections

Elections are held not more than four months after a dissolution of parliament or as by

election in the event that a seat becomes vacant. For elections to be held the following

shall be done as provided for in the constitution.

a) By election: conducted in the event of the death or resignation of a member of

parliament.

b) General election: conducted at prescribed times as laid out in the supreme law

of the country.

4. Commissions

4.1 Delimitation commission

- Is appointed by the president

- Consists of a chairmanchief justice or other judge of the supreme or high

court and three other members- Functions for five years.

- Functions shall be to determine the boundaries of the -constituencies taking

cognisance of such features as geography, ethnicity and communication etc.

4.2. Electoral Supervisory commission

- Appointed by the president

- Consists of a chairman and four other memberstwo appointed by the

president after consulting the judiciary service commission and two after

consulting the speaker.

- Functions are to supervise voter registration, and conduct/run elections.

- Consider proposed bill or other law relating to elections.

4.3 The constitution also provides for the formation of the Public Service Commission, the

Judiciary Commission, and the Police Commission etc.

5. Contemporary issues and New dimension in law

a) Rule of lawupholding of the law in a scenario where no one is above the law

b) Prerogativediscretional prerogatives have made law to be applied based on

certain trivial relative issues

c) Political willpowerthose in power or those wielding the axe make the most

decisions and tailor-make law to protect their interests

d) Human rightsthe emergence and definition of human rights has led to

commitment of crime and subsequent ignorance of the rule of law even when certain

behaviours become immoral e.g. the gays and lesbian case


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e) Christian balanceas Christian values shape most legal frameworks, the same have

been used in negotiations although in many cases equality is not achieved in

Christian balances. The coveter and the converted are two different entities.

/mt

Documents

Nass Module 2 .Doc; Legal and Parl Affair