Harare — THE 2009 Parliament proceedings have been unique since independence in 1980 as every motion, Bill and resolution made had to be done by consensus owing to a hung Parliament that was brought about by the March 28, 2008 harmonised elections.

Clerk of Parliament Mr Austin Zvoma described the 2009 Parliament as a hung Parliament arising from the fact that no single party had an absolute majority.

"This situation is normal in many legislatures with proportional representation such as Ger-many or Italy or in legislatures with strong regional parties, majoritarian. In such legislatures the term 'hung parliament' is rarely used.

"However, in chambers with weak regional parties such as the United Kingdom, a hung parliament is a rarity, as in these circumstances one party will usually hold enough seats to form a majority," said Mr Zvoma, who was giving an overview of the 2009 parliament.

"A hung parliament will force either a coalition government, minority government or a dissolution of parliament. Frequent hung up parliaments can result in smaller parties staying in power for decades as they switch support between the two or three major parties."

Mr Zvoma said results of the March 2008 parliamentary elections, which produced a hung parliament, presented a number of challenges in the event of disagreement between the two Houses.

"In the event of a deadlock in a disagreement on a Bill or amendments to a Bill, no party in the House of Assembly commands the requisite two-thirds to pass and have the Bill presented to the President for assent.

"The two major parties would have to vote together to secure two-thirds to resolve the disagreement," said Mr Zvoma.

"From these observations, it follows that unless both Zanu-PF and MDC-T act in the spirit of the GPA, it would be an exercise in futility for any minister, notwithstanding the green light from Cabinet, to introduce in Parliament a Bill, which does not enjoy the support of the two parties in both Houses. That is the effect of a hung parliament."

The Seventh Parliament can best be described as a hung Parliament as various fundamental decisions had to be made by negotiations and consensus.

Examples of decisions made by consensus this year include the passage of Constitutional Amendment (Number 19) Bill that ushered in an inclusive Government constituted by Zanu-PF and the two MDC formations.

Others include the National Security Council Bill, Finance Bill, Appropriation Bill, Public Finance Management Bill and the Audit Office Bill.

On the Reserve Bank of Zimbabwe Amendment Bill that has been referred to the principals for negotiations, Chimanimani Senator Monica Mutsvangwa (Zanu-PF) has proposed further amendments to the Bill following those done in the House of Assembly.

Discussions and negotiations were also made even in producing the final list of independent constitutional commissions after Parliament's Standing Rules and Orders Committee held interviews and produced provisional lists.

The independent commissions are the Zimbabwe Electoral Commission, Zimbabwe Media Commission and the Human Rights Commission.

With the provision of the GPA, where the parties should not contest against each other should there be a by-election, a hung parliament is expected to exist during the subsistence of the inclusive Government.

The year has also seen deaths, expulsion of members from Parliament and independent legislator Professor Jonathan Moyo rejoining Zanu-PF, a development that has given further impetus to the hung parliament.

"Prof Moyo's return to Zanu-PF establishes parity between that party and MDC-T, a situation, where none of the two parties can claim numerical superiority," said Mr Zvoma

Zanu-PF had 99 seats in the March 2008 elections while MDC-T had 100 and the former has brought its tally to 100 with the return of Prof Moyo.

There have, however, been 12 vacancies in the House of Assembly either owing to deaths, posts relinquished or elevations, while there are eight vacancies in Senate.

Another highlight of this year was interviews held by the SROC for independent commissions.

What would be remembered more is the controversy surrounding the process, in particular, the Zimbabwe Media Commission.

The SROC, chaired by Speaker of the House of Assembly Mr Lovemore Moyo came under fire for their use of a shadowy committee of experts in scoring points for interviewees.

Another issue that was brought for debate was the decision to select people to sit on the Broadcasting Authority of Zimbabwe using a list from people who had applied and attended the ZMC interview.

President Mugabe officially opened the Second Session of the Seventh Parliament where he presented the legislative agenda for the Session.

This year's opening ceremony was unlike the previous ceremonies that have been characterised by heckling and generally rowdy behaviour by MDC-T legislators or some boycotts.

Even at the traditional luncheon hosted after the official opening ceremony, President Mugabe commended the MPs for their mature behaviour and expressed hope that this would characterise the nature of debates in Parliament.

In the meantime, Minister responsible for Reconciliation and National Healing in the Deputy Prime Minister's Office Mr Gibson Sibanda lost his parliamentary seat after he failed to secure one within the stipulated three months of being appointed minister.

Mr Sibanda was, however, seen in Parliament during the official opening, in a development, Mr Zvoma contends was an error.

"Mr Sibanda ceased to be a minister the moment he ceased to be an MP. If he attended the official opening as an MP, it was in error," said Mr Zvoma

Portfolio committees have continued to enhance the oversight role and the desire by Parliament to take it to the people.

There are at least 19 portfolio committees shadowing Government ministries and departments.

Another major development was the establishment of Senate thematic committees that are separate from the portfolio committees.

Previously both senators and House of Assembly representatives sat in the same committees.

This separation was done to ensure that the two Houses could adequately cover the areas of their choice and improve on the oversight role.

Another highlight of the year was the constitution-making process being spearheaded by Parliament.

The process has been moving at a snail's pace since the convening of the first all-stakeholders' conference in July.

Funding has been the major drawback but the three co-chairpersons for the committee recently announced that they have been given a significant amount to embark on their outreach programme.

The outreach programmes, to be conducted by the various thematic committees, would gather people's views on what they would like included with respect to a certain subject.

The programme is expected to start in January next year and would run for three months.

During the year under review, Minister Biti also launched a new Constituency Development Fund whose introduction has been met with scepticism in some sectors.

Some like the Affirmative Action Group have criticised the fund as a way of ensuring that incumbents retain their seats in the event of an election as they can abuse the scheme for political mileage.

Senators have also complained about the role ascribed to them in the management of the funds by Minister Biti arguing that it reduced their stature vis-a-vis House of Assembly representatives.

According to the Budget statement delivered by Minister Biti, a constituency development committee comprised the House of Assembly representatives, councillors while the senator who would be an ex-officio member would administer the fund.

This ex-officio status is what raised the ire of the senators and from the recent debate senators are not happy to play second fiddle to their Lower House counterparts.

As we end the year 2009, what is to be expected in Parliament in 2010?

Debate on the RBZ Amendment Bill will continue and is expected to be finalised while Minister Biti also said a new Income Tax Bill would be tabled for debate.

He said the current law was archaic and outdated.

One of the major issues should be to find replacements for the vacant seats in Parliament.

This is also important to ensure that every constituency is not denied its constitutional right to be represented and be heard.

We wish you a Merry Christmas and let's meet again next year.