Published by the government of Zimbabwe
12 November 2009
Harare — MDC-T Chief Whip Mr Innocent Gonese last week moved a motion seeking leave from the House of Assembly to introduce a private Bill amending the Public Order and Security Act that would see the powers of the police being curtailed.
The motion however, drew sharp criticism from Zanu-PF legislators who described the move as ill-advised.
Zanu-PF legislators castigated the move, saying it was premature and accused Mr Gonese of trying to run parallel Government structures.
Legislators from Zanu-PF said MDC-T was adequately represented in the inclusive Government and Ministers from that party should bring any Bills should there be need.
In his contribution to the motion, Mr Gonese said he wanted the House to grant him permission to table a Bill, whose effect was to limit the powers of the police, which he said were too excessive.
Mr Gonese said he wanted to bring the amendments, arguing that the Constitution allowed backbenchers to bring private Bills to the House for debate.
The Bill is being sponsored by the Zimbabwe Lawyers for Human Rights.
Mr Gonese, who is also Mutare Central Member of the House of Assembly, said the current provision of POSA gave the police excessive powers and in some cases they misinterpreted certain clauses to mean that they were vested with certain powers which they were not.
He said despite the stipulation in the Global Political Agreement that police needed to be re-oriented, nothing had been done.
He chronicled cases that involved people arrested and charged under POSA since 2003 to this year, but said none of the cases was successfully prosecuted, an indication that showed that police officers were merely abusing the law.
"We are not seeking to repeal POSA, but to amend it for all Zimbabweans. The reason why we are doing this is that, it appears the executive and Cabinet has gone to sleep and we should move for these amendments.
"The Bill is not about Zanu-PF, MDC, but the people of Zimbabwe," argued Mr Gonese.
"The legislature is the only arm of Government which has direct mandate from the people. The ordinary people have no say in the appointment of Ministers."
Some of the amendments he proposed were the provision that empowers the regulating authority to stop a public gathering if in its view, it might disturb peace.
"The police misunderstood the provision to mean they have powers to accept or reject public gathering, that is why when you write to them notifying them, they respond saying "permission granted or rejected."
Under his proposed amendments, the regulating authority, -- the police should apply to a magistrate should they intend to stop a public gathering and not unilaterally stop it.
He said the penalty for convening an illegal gathering carried about US$2 000, or one-year imprisonment or both, a penalty he said needed to be amended as it was excessive.
Other clauses include the requirement to carry identity documents, the clause that criminalises weapons, which he said was too wide as to include catapults which one could carry for purposes of hunting.
In his response, Tourism and Hospitality Industry Minister Walter Mzembi said what MDC-T legislators were doing amounted to a coup of their leaders.
"While there might be no procedural violations, it is a violation of the GPA.
"We cannot allow a parallel process of sneaking in Bills, unless if you are saying you have disengaged permanently," said Minister Mzembi who is also Masvingo South Member of the House of Assembly (Zanu-PF). "It can only speak volumes of a leadership crisis in the MDC-T. Your leaders are in Maputo and they are seized with these matters of the GPA."
Minister Mzembi said MDC-T had Home Affairs Co-Minister Giles Mutsekwa and Constitutional and Parliamentary Affairs Minister Eric Matinenga who could deal with the issues the legislators were raising.
The motion, which was deferred to next Tuesday, saw legislators debate it along party lines as those from MDC-T supported it, while those from Zanu-PF opposed it, saying the party was wrong in suggesting to bring the Bill.
Speaker of the House of Assembly Mr Lovemore Moyo, said legislators were free to give their views, but there was nothing procedurally wrong in a legislator bringing a private Bill.
"There is nothing unprocedural about this motion. The motion is in order," said Mr Moyo.
If the House grants him leave, it would be the first time that a private Bill is debated in Parliament.
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These are the peoples voices. Directly elected by those whom they serve. Do you mean to say that in the nearly 30 years of the existence of Zimbabwe, that a member of the legislature has never tried to have an independent thought and tried to introduce an original bill? What do they do otherwise? Are they eunuchs? If they are legislators, then their mandate is to LEGISLATE! That means writing, debating, and voting on bills.