[Bill-Watch] Bill Watch 59/2013 of 11th December [Budget Presentation on 19th December]

[Veritas Bill Watch]

BILL WATCH 59/2013
[11th December 2013]
The Minister of Finance and Economic Planning will Present the 2014 Budget 
in the National Assembly on Thursday 19th December
19th December Budget Presentation
Monday's announcement by the Ministry of Finance that the 2014 National
Budget would be presented on Thursday 19th December was a surprise, coming
only a few days after both Houses of Parliament had adjourned for a
seven-week break ending on 28th January next year.
Special recall of National Assembly necessary  Getting members of the
National Assembly together on 19th December will require a special recall of
MPs by the Speaker in terms of Standing Order 194 which provides that when
the National Assembly stands adjourned [as it does at present], the
President may represent to the Speaker that "the public interest requires"
that it should meet during the adjournment.  If the Speaker is satisfied
that the President is right, then the Speaker may give notice accordingly,
and the National Assembly must meet on the day specified by the Speaker. 
Parliament is still processing the formalities for the recall.
Business to be conducted  The main business on the 19th December will be the
Budget presentation, although it is open to the Government to have other
business included on the agenda.  The Budget presentation will entail the
Minister of Finance and Economic Planning: 
.      delivering the Budget Statement
.      tabling two important documents:
o   the Estimates of Expenditure for 2014 
o   a draft Finance Bill to give effect to proposed taxation changes.  
The National Assembly will then adjourn to allow MPs, Parliamentary
portfolio committees and the public to study the Budget package.  MPs will
also be able consult their constituencies in preparation for the ensuing
debate.  
Post-presentation proceedings  The timetable for post-Budget portfolio
committee meetings is still being planned, but there has been no suggestion
that MPs will be expected to meet during the two weeks of the coming festive
season holiday period.  An intensive series of portfolio committee meetings
in early to mid-January therefore seems likely.  Portfolio committee
chairpersons will present their committees' reports on the Budget package
during the resumed debate in the National Assembly.  
[Note: Committee work on the 2013 Budget took a week, starting with a
Post-Budget Seminar and followed by committee meetings: two meetings for
each committee, the first open to the public and the second a closed meeting
for deliberations and preparation of the committee's report.]
Reserve Bank Governor's Post Vacant
Dr Gideon Gono's second and final five-year term of office as Governor of
the Reserve Bank of Zimbabwe came to an end on 30th November.  As section 15
of the Reserve Bank Act [RBZ Act] rules out any extension or re-appointment
beyond the ten years he has now served, a new Governor will have to be
appointed.  In terms of section 14 of the RBZ Act the new Governor is
appointed by the President after consultation with the Minister of Finance
and Economic Planning and must be a person who has "competence and
experience relating to banking, finance and economics".  The decision is the
President's; he must consult the Minister and consider what the Minister
says, but he is not obliged to follow the Minister's recommendation.
Moreover, the Constitution states in making appointments under Acts the
President may act without advice from the Cabinet.  
[Note:  Section 110(2)(d) and (6) of the Constitution allow the President to
make this appointment, and other statutory appointments generally, without
advice from the Cabinet.  While section 317 of the Constitution provides for
the existence of the Reserve Bank and states its main objectives, it leaves
the method of appointing the Governor to be covered by the RBZ Act.] 
Dr Gono to Fill Vacant Manicaland Senate Seat
ZANU-PF party structures in Manicaland have already approved Dr Gono as
their candidate to fill the Senate seat for Manicaland that fell vacant with
the death of ZANU-PF Senator Kumbirai Kangai in August.  As this is a
proportional representation party-list seat, section 157(1)(c) of the
Constitution requires it to be filled by a qualified person belonging to the
same political party and of the same gender as the late Senator Kangai.  The
procedure for filling the vacancy is laid down by section 39 of the
Electoral Act and does not involve a by-election with competing candidates
[see Bill Watch 44/2013 of 6th September for details].  In essence, ZANU-PF
must submit to the Zimbabwe Electoral Commission [ZEC] a nomination paper
naming Dr Gono and signed by him and two national office-bearers of the
party.  ZEC, if satisfied the nomination paper is in order, must give public
notice of the nomination and allow a stated period for registered voters to
object to the nomination, giving their reasons.  If no valid objection is
lodged, Dr Gono will be declared duly elected.  If a valid objection is
lodged, ZEC must call for a fresh nomination and repeat the public notice
procedure until a qualified person is identified.  
[Note: A party-list vacancy does not have to be filled from the party list
submitted to ZEC for the harmonised elections.  There is no such provision
in either the Constitution or the Electoral Act.  So ZANU-PF is entitled to
nominate Dr Gono.] 
Update on Acts
Income Tax Act  President Mugabe had until Friday 29th November to decide
whether to sign the Bill for this Act into law and gazette it as an Act, or
send it back to Parliament [Constitution, section 131].  The Act has not
been gazetted, and the President's decision has not been made public.  It is
to be hoped that the Minister of Finance and Economic Planning will be able
to clarify the position in his Budget presentation, if not earlier.  
Electricity Amendment Act  The Act was gazetted on 18th October [by GN
501/2013]. There has been no official confirmation of press reports of an
irregularity in the President's signing and gazetting of the Act. 
Update on Bills
Printing of the two Bills listed below is nearly complete, so they may be
gazetted before the end of the month, before being presented to Parliament
next year. [Summaries and copies cannot be provided until the Bills are
gazetted.]
.      Sovereign Wealth Fund of Zimbabwe Bill  This was one of the Bills
mentioned by the President in his speech opening Parliament in September.
.      Biological and Toxin Weapons Crimes Bill  This Bill was not mentioned
in the President's speech.     
Government Gazettes of 29th November and 6th December 
Statutory Instruments [SIs]
Only two SIs were gazetted, both on 29th November:
Prisons and Correctional Service  SI 160/2013 states the new rank structure
of the Prisons and Correctional Service, which is the name of the former
Prison Service under the new Constitution [sections 227 to 231].  The ranks
range from Commissioner-General for the head of the Service down to Prison
Officer Grade 2.  Under the former Constitution, the head of the Prison
Service was known as the Commissioner.
Collective bargaining agreement  SI 161/2013 specifies motor industry wages
for the period 1st July 2013 to 30th June 2014. 
General Notices [GNs]
Land acquisition: Caledonia Farm  GN 532/2013, gazetted in a Gazette
Extraordinary on 29th November, is a preliminary notice, in terms of section
5 of the Land Acquisition Act, that the State intends to compulsorily
acquire the 297-hectare piece of land known as Lot 1 of Caledonia, adjacent
to Tafara Township outside Harare.  As this is to be an acquisition "for
urban development" under the Land Acquisition Act, as opposed to a summary
acquisition for agricultural settlement or similar purposes under section 72
of the Constitution, objections may be lodged and must be heard and
determined by the Administrative Court, and if the acquisition goes ahead,
"fair and adequate compensation", as assessed by the Administrative Court,
must be paid within a reasonable time [Constitution, section 71, and Land
Acquisition Act].  Objections to the proposed acquisition must be lodged
with the Minister of Lands and Rural Resettlement on or before 30th December
2013.
 
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