BILL

FINANCIAL ADJUSTMENTS BILL,2019

Memorandum

If a Government Ministry or Department spends money in any financial year in excess of the amount appropriated, or for a purpose for which nothing was appropriated, the Minister of Finance is required in terms of section 307 of the Constitution to cause a Bill condoning the unauthorised expenditure to be introduced in the National Assembly seeking condonation of the unauthorised expenditure, no later than sixty days after the extent of the unauthorised expenditure has been established.

In line with the above, we seek condonation for unauthorised expenditure incurred by Line Ministries of US$25,305,741 (twenty-five million three hundred and five thousand and seven hundred and forty-one dollars) for year ended 2015, US$1,530,890,050 (one billion five hundred and thirty million eight hundred and ninety thousand and fifty dollars) for year ended 2016, US$4,562,064,123 (four billion five hundred and sixty-two million and sixty four thousand one hundred and twenty-three dollars) for year ended 2017, US$3,560,343,130 (three billion five hundred and sixty million three hundred and forty-three thousand one hundred and thirty dollars) for year ended 2018.

i(i)

Financial adjustments
Presented by the minister of finance and economic develoPment

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BILL

To condone unauthorised expenditure incurred by various Line Ministries from the year 2015 to 2018.

ENACTED by the Parliament and the President of Zimbabwe.

1 Short title

This Act may be cited as the Financial Adjustments Act, 2019.

2 Condonation of unauthorised expenditure for year ended 2015

The incurring of the following expenditure in excess of that which was appropriated in terms of Part 3 of Chapter 17 of the Constitution or for which no money was appropriated under that Part, is condoned—

1. (a)  the Office of the President and Cabinet during the financial year ended on the 31st December, 2015, in an amount of nine million four hundred and sixty-six thousand two hundred and seventeen United States dollars;
2. (b)  the Parliament of Zimbabwe during the financial year ended on the 31st December, 2018, in an amount of three million seven hundred and seventy- three thousand eight hundred and twenty-one United States dollars;
3. (c)  the Ministry of Environment, Water and Climate during the financial 1

Financial adjustments
year ended on the 31st December, 2015, in an amount of eleven million

H.B. 19, 2019.]

Printed by the Government Printer, Harare

2

Financial adjustments
nine hundred and nine thousand four hundred and twelve United States

dollars; and

(d) the Ministry of Tourism and Hospitality during the financial year ended
on the 31st December, 2015, in an amount of one hundred and fifty-six thousand two hundred and ninety-one United States dollars. 5

3 Condonation of unauthorised expenditure for year ended 2016

The incurring of the following expenditure in excess of that which was appropriated in terms of Part 3 of Chapter 17 of the Constitution or for which no money was appropriated under that Part, is condoned—

1. (a)  the Office of the President and Cabinet during the financial year ended 10 on the 31st December, 2016, in an amount of twenty-four million two hundred and seventy-four thousand three hundred and seventy-seven United States dollars;
2. (b)  the Parliament of Zimbabwe during the financial year ended on the 31st December, 2016, in an amount of one hundred and seventy-nine thousand 15 eight-hundred and thirty-two United States dollars;
3. (c)  the Ministry of Defence during the financial year ended on the 31st December, 2016, in an amount of eighty-seven million one hundred and ninety-four thousand three hundred and forty-eight United States dollars;
4. (d)  the Ministry of Finance and Economic Development during the financial 20 year ended on the 31st December, 2016, in an amount of one hundred and forty-three million nine hundred and fifty-five four hundred and seventeen United States dollars;
5. (e)  the Ministry of Industry and Commerce during the financial year ended on
   the 31st December, 2016, in an amount of thirteen million three hundred 25 and seventy-three hundred and seventeen United States dollars;
6. (f)  the Ministry of Agriculture, Mechanisation and Irrigation Development during the financial year ended on the 31st December, 2016, in an amount
   of nine hundred and seventy-five million three hundred and eighteen thousand six hundred and fifty-two United States dollars; 30

FREEDOM OF INFORMATION BILL,2019

Memorandum

This Freedom of Information Bill, 2019 will repeal the Access to Information and Protection of Privacy Act [Chapter 10:27]. The Bill will give effect to section 62 of the Constitution which enshrines in the Declaration of Rights the right of access to information.

In brief, the Bill sets out—

• the procedure for access to information held by public institutions by the citizenry and permanent residents;
• the procedure for accessing by any person of information held by any person where the information is necessary for the exercise or protection of a right;
• considerations for the making available on a voluntary basis by entities, certain categories of information thereby obviating the need for formal requests for such information;
• the scope of limitations on the right of access to information which are conceived, in some cases, as mandatory and in others as discretionary, protections against disclosure of information;
• the rights of third parties with respect to any information whose disclosure has been requested;
• the role of principle officers of entities and information officers in the implementation of the right to access information;
• the procedures for internal appeals and court appeals against decisions made by information officers or principle officers of entities with respect to requests for access to information;
• the time limits within which processes must be carried out; and

  This Freedom of Information Bill, 2019 will repeal the Access to Information and Protection of Privacy Act [Chapter 10:27]. The Bill will give effect to section 62 of the Constitution which enshrines in the Declaration of Rights the right of access to information.

  In brief, the Bill sets out—

  • the procedure for access to information held by public institutions by the citizenry and permanent residents;
  • the procedure for accessing by any person of information held by any person where the information is necessary for the exercise or protection of a right;
  • considerations for the making available on a voluntary basis by entities, certain categories of information thereby obviating the need for formal requests for such information;
  • the scope of limitations on the right of access to information which are conceived, in some cases, as mandatory and in others as discretionary, protections against disclosure of information;
  • the rights of third parties with respect to any information whose disclosure has been requested;
  • the role of principle officers of entities and information officers in the implementation of the right to access information;
  • the procedures for internal appeals and court appeals against decisions made by information officers or principle officers of entities with respect to requests for access to information;
  • the time limits within which processes must be carried out; and

• the additional functions of the Human Rights Commission with respect to the right of access to information, which are to be exercised in the normal course of its role as the guardian of human rights.

  In more detail, the Bill provides as follows—

  PART I Preliminary

  This Part deals with preliminary matters.

  Clause 1 sets out the short title of the Bill which takes its title from the specific constitutional terminology, in line with global trends, with respect to the right.

  Clause 2 defines terms used in the Bill and significant are the following terms around which the Bill is structured, viz a viz “principle officer” being the person at the helm of any entity; “information” which is cast very widely; “information officer and “responsible person” who is the principle officer of a public or public commercial entity.

  Clause 3 states the objects of the Act as being essentially to give effect to the exercise of the right of access to information.

  Part II of the Bill which deals with providing access to information, creates in clause 4, a duty on entities to maintain the information of entities in a manner that facilitates the exercise of the right to access information. The entities are compelled to

  i(i)

Freedom oF InFormatIon

generate information in respect of their activities, maintain it systematically for easy retrieval and to securely preserve its integrity.

Clause 5 requires public entities, public commercial entities and holders of statutory bodies to disclose information which is in the interest of public accountability and in the interests of protecting a right.

Under Clause 6, the Act will not apply to information from Cabinet and its committees, with respect to judicial functions.

Part III of the Act deals with the process of requesting for access to information.

Clause 7 sets out the procedure for requesting for access to information. Requests must be in accordance with whether the rights granted by the section 61(1) and (2) of the Constitution, that is to say, requests to public entities may only be made by the citizenry; requests to all entities are open to everyone but they are confined to limited information, i.e. information required for the protection or exercise of a right. A request may be made in writing and an information officer must afford the applicant a copy. A written acknowledgement of the request must be provided immediately, including an immediate response as well if that is possible and satisfactory to the applicant.

INTERNATIONAL TREATIES BILL, 2019

Memorandum

This Bill will establish a uniform procedure for the consideration and approval of international treaties by the Cabinet and Parliament before their ratification by the President, and for their publication after their ratification or, in some cases, before their ratification. One of the main mischiefs sought to be remedied by this Bill is that many international treaties having far-reaching consequences for our domestic law are concluded without the courts or the public having due notice of those treaties by way of their official publication. Even where official publication of the treaty itself is not possible or desirable for any reason, some official notice of the fact of its existence and ratification should be made for the benefit of the public. This Bill seeks to provide a mechanism for the publication or notification of such treaties.

Preamble

The Preamble to the Bill quotes sections 34 and 327 of the Constitution which providesthatmostinternationaltreatiesrequiretheapprovalofParliament(theexceptions being those international treaties, such as peace treaties, which are made within the President’s prerogative powers in the sphere of international relations, those international treaties for which an alternative method of approval has been stipulated by Act of Parliament, those international treaties which Parliament has by resolution declared should not require approval in terms of subsection 111B(1)(a) of the Constitution, and those international treaties amending or subsidiary to any international treaty earlier approved by Parliament that stipulate that the amending or subsidiary treaty comes into operation upon signature thereof without the need of further approval by Parliament or ratification by the President).

Clause 1

This clause sets out the Bill’s short title.

Clause 2

This clause contains the definitions of terms used in the Bill.

Clause 3

This clause excludes from the scope of the Bill those international treaties for which a different method of publication or domestication is provided for under another Act of Parliament. Examples of such treaties are bilateral Trade Agreements published under the Customs and Excise Act, Double Taxation Agreements published under the Income Tax Act and One-Stop Border Post Agreements published under the One-Stop Border Posts Control Act.

Clause 4

This clause declares the Ministry of Foreign Affairs to be the principal custodian and principal national depositary of all international treaties. It also obliges the Ministry to open and maintain an official archive of all international treaties currently in force, access to which will be afforded to any interested person subject to such conditions, including the payment of any fee for access to the archive or the provision of authenticated copies of any international treaty, as may be prescribed under clause 11.

Clause 5

This clause provides for the appointment and functions of the Public Agreements Advisory Committee (PAAC), who core function it will be to consider all proposed

i(i)

InternatIonal treatIes

international treaties and make appropriate recommendations with respect to their negotiation, drafting and approval by the Cabinet and Parliament. Such a committee already exists but this clause will establish it on a statutory footing.

Clauses 6 and 7

These clauses set out the manner in which PAAC will discharge its core function as described under clause 5. In particular it empowers PAAC to publish important international treaties after their approval by Cabinet but before their approval by Parliament, as a means of ensuring public feedback and informed Parliamentary debate on the published treaty. As a rule, all international treaties approved by Parliament and ratified by the President will need to be published, with exception of international treaties which are made within the President’s prerogative powers in the sphere of international relations (these, however, may also be published at the President’s sole discretion). Where, however, publication of the treaty itself is not possible or desirable for any reason, official notice of the fact of its existence and ratification, and the place or places where it may be inspected by the public free of charge, will be published in the Gazette.

MARRIAGES BILL, 2019

Memorandum

This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. There will be one Act of Parliament governing marriages in Zimbabwe and the new Act will also update the law in line with the Constitution. The following are the main Constitutional precepts which the Marriages Bill takes into account—

• gender equality (section 3(1)(g) of the Constitution);
• recognition of the rights of women, youths and children (section 3(2)(i)(iii) of the Constitution);
• the recognition of the rights of cultural groups (section 3(2)(i)(i));
• the preservation of cultural values and practices which enhance the dignity, well-being and equality of people (section 16(1));
• section 26 of the Constitution with respect to the requirement of free and full consent to marriage by the intending spouses; the ban on the pledging of children in marriage; the equality of rights and obligations of spouses during marriage and at dissolution; provision for the protection of any children of a marriage upon the dissolution of marriage whether by divorce or on death;
• the paramountcy of the best interests of the child (section 19(1) and 81(2) of the Constitution), a child being a person under the age of 18 years (section 81(1) of the Constitution);
• the right of any person who has attained the age of eighteen to found a family, not to be compelled to enter into marriage against their will and the prohibition of same sex marriages (section 78 of the Constitution);
• protection of children from sexual exploitation (section 81(1)(e);
• the supremacy of the Constitution which, in section 2(1), invalidates any law, practice, custom or conduct which is inconsistent with the Constitution.

  In brief therefore, the Bill re-enacts a marriagelawthatcomplies with these various provisions of the Constitution. There will be one Act of Parliament to deal with the creation of marriages.

  In more detail, the Bill provides as follows:
  Clause 1 sets out the short title of the Bill and provides for the coming into

  operation of the Bill on a date to be notified by the President in the Gazette.

  Clause 2 defines terms used in the Bill and new and significant among them are “betrothal”, “civil marriage”, “civil partnership” which is more fully explained in clause 40 of the Bill, and “marriage”. The term “marriage” which encapsulates both “civil marriages” and “customary law marriages” refers to marriages formally solemnised or registered in terms of this Bill. This is to distinguish them from any other union which is not so solemnised or registered. The definition of “marriage officer” has been widened to include Chiefs, in their areas of jurisdiction, with respect to customary law marriages. The rest of the terms are fairly straight-forward.

  Part II of the Bill deals with general provisions governing marriage.

  Clause 3 provides that the minimum age of marriage is 18 years. In order to ensure the protection of minors, the minimum age requirement has been extended to unregistered customary law marriages and to civil partnerships. This guards against attempts to side-step the law by avoiding formal marriages and still have children being forced into relationships which are, to all intents and purposes, marriages.

  i

Marriages

Clause 3 also explicitly outlaws the marrying, pledging or betrothal of children by any person and doing so is an offence which is aggravated in circumstances where the contravention is by a parent or a person in the role of a parent.

Clause 4 requires that the free and full consent of parties to a proposed marriage be given before the marriage is solemnised.

Clause 5 states that a civil marriage is contracted in terms of the general law of Zimbabwe and is monogamous. No other marriage can be contracted by a person during the subsistence of a monogamous marriage. A customary law marriage is potentially polygamous.

MONEY LAUNDERING AND PROCEEDS OF CRIME (AMENDMENT) BILL 2019

This Bill will amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24]. The amendments were initially effected under the Presidential Powers (Temporary Measures) (Amendment of the Money Laundering and Proceeds of Crime Act) Regulations 2018, published in Statutory Instrument 246 of 2018, on the 9th of November, 2018, and according to the provisions of section 6 of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] the regulations expired on the one hundredth and eighty-first day following the date of commencement of the regulations which was the 9th of May, 2019. As such, it is expedient to enact an Amendment Bill re-enacting the affected provisions (some proceedings were already commenced under the Regulations). The amendments will further strengthen the provisions in the law to combat corruption, money laundering and terrorist financing and ensure members of the law enforcement are effective in carrying out their mandate. In more detail, the individual clauses of the Bill provide as follows:

Clause 1

This clause sets out the Bill’s short title.

Clause 2

In order to combat money laundering, terrorist financing, tax evasion and corruption, it has become necessary to give powers to ZACC, ZIMRA and ZRP to elicit explanations from persons who exhibit great wealth without having any apparent lawful means of obtaining such wealth. Accordingly, a new Part will be inserted in the Money Laundering and Proceeds of Crime Act providing for unexplained wealth orders issued by the High Court at the instance of ZACC, ZIMRA or ZRP. These orders will require the addressee to explain his or her wealth and provide supporting documentation therefor.

(i)

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This Act may be cited as the Money Laundering and Proceeds of Crime (Amendment) Act, 2019.

2 New Chapter IIIA inserted in Cap. 9:24

The Money Laundering and Proceeds of Crime Act [Chapter 9:24] (No. 4 of 2013) is amended by the insertion of the following Chapter after Chapter III—

H.B. 4, 2019.]

Money Laundering and Proceeds of criMe aMendMent

BILL

To amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24]; and to provide for matters connected therewith or incidental thereto.

ENACTED by the Parliament and President of Zimbabwe. 5 PARTI

1 Title

PreliM inary

Printed by the Government Printer, Harare

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Money Laundering and Proceeds of criMe aMendMent

“CHAPTER IIIA

unexPlained W ealth orders

PART I

PreliMinaryProvisions

37A Interpretation in Chapter IIIA 5 (1) In this Chapter—

“enforcement authority” means—

1. (a)  the Zimbabwe Ant-Corruption Commission; or
2. (b)  the National Prosecuting Authority; or
3. (c)  the Commissioner-General of the Zimbabwe Republic 10 Police; or
4. (d)  the Zimbabwe Revenue Authority;

“enforcementorinvestigatoryproceedings”meansanyproceedings in relation to property taken under—

(a) this Chapter; or 15

(b) Chapter IV (“Conviction-based Confiscation and Benefit Recovery Orders and Investigative Powers Appurtenant Thereto”); or

(c) Chapter V (“Civil Forfeiture of Tainted andTerrorist Property”); 20

“hold”, in relation to a person holding property, means—

1. (a)  own or have a beneficial interest in the property; or
2. (b)  have effective control over the property; or
3. (c)  act as the trustee of a settlement in which the property
   is comprised; or 25
4. (d)  actuallyorpotentiallybenefit asabeneficiary inrelation to a settlement in which the property is comprised; or

(e)

where the property in question is currency or bearer negotiable instruments, engage in a course of dealing
with respect to the property— 30

1. (i)  whether personally or through one or more financial institutions or other agents; and
2. (ii)  whether on his or her own behalf or on behalf
   of another person who may be the owner of or beneficially interested in the property; and 35
3. (iii)  whether by means of a single transaction or two or more transactions;

within a period of a year or any lesser period wherein currency or instruments of an aggregate value of fifty thousand dollars or individual sums of more than ten 40 thousand dollars is or are exchanged, transferred or otherwise dealt with;

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35 (c)

MONEY LAUNDERING AND PROCEEDS OF CRIME (AMENDMENT)

Explanatory MEMoranduM

This Bill will amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24], section 27 of the National Prosecuting Authority Act [Chapter 7:20], section 6 of the Criminal Matters (Mutual Assistance) Act [Chapter 9:06], section 87 of the Deeds Registries Act [Chapter 20:05], section 210 of the Customs and Excise Act [Chapter 23:02], section 5 of the Income Tax Act [Chapter 23:06], section 34A of the Revenue Authority Act [Chapter 23:11], section 360 of the Companies Act [Chapter 24:03] and the Bank Use Promotion Act [Chapter24:24] with a view to achieving the following: the enactment of a comprehensive legal framework to combat money laundering and terrorist financing:

• the implementation in domestic law of the International Convention for the Suppression of the Financing of Terrorism was adopted by the General Assembly of the United Nations Organisation by Resolution 54/109 of 9 December, 1999, and related UN Security Council Resolutions 1267 (of 15 October, 1999) and 1373 (of 28 September, 2001);
• the implementation in domestic law of 40 recommendations regarded by the Financial Action Task Force (FATF), as representing international standards to which all states should aspire;
• the strengthening of the legislative defences against misuse of our financial system for the purpose of money-laundering or the financing of terrorist activities.Since 1999 Zimbabwe has been a member of the Eastern and Southern African Anti Money Laundering Group, a body whose object is to adopt and implement measures to combat money-laundering and the financing of terrorism and serious crime. By virtue of its membership, Zimbabwe is pledged to implement recommendations issued by an inter-governmental organisation called the Financial Action Task Force, whose 40 recommendations are regarded as representing international standards to which all states should aspire. Failure to implement the recommendations will lead to Zimbabwe being increasingly isolated from the international financial system.The Eastern and Southern African Anti Money Laundering Group evaluates its members’ compliance with the 40 recommendations by sending teams of trained assessors from its member countries to visit each member state and assess the member’s legislation and financial systems. Zimbabwe was found not to be fully compliant with a number of recommendations.

  The findings of the team, and the urgent need to remedy the deficiencies found by them, are the immediate occasion for this Bill.

  In more detail, the individual provisions of the Bill are as follows:

  Clause I

  This Clause sets out the Bill’s short title.

  Clause 2

  This clause sets out definitions of key words and phrases used in the Bill. Of particular note are the definitions of “competent authorities”; “document”; “Financial Action Task Force”

  Clause 3

  The principal act is amended by the amendment of section 3 on the Units and competent supervisory authorities’ co-operation in ensuring compliance with the Act.

BILL, 2018

(1i)

Money Laundering and Proceeds of Crime (amendment) Clause 4

The principal Act is amended in section 4 Insertion of a new Chapter IA which shall give detail to the Financial Intelligence Unit.

Clause 5

Section 11 of the principal Act is amended in subsection (2) by the deletion and substitution to effect identification of and record keeping in relation to disclosures.

Clause 6

This clause makes an insertion of a new Part III in Chapter II in the principal act, on the Policy, Coordination and Risk factor of the Unit.

Clause 7

Amends section 13 in the interpretation section for Part I of Chapter III of the principal Act by inserting new definitions.

Clause 8

Amends section 15 of the principal Act, by being more specific to the property that is the subject matter to the prescribed transaction.

Clause 9

Amends section 20 of the principal Act is amended by the insertion of three new subsections, dealing with high risk customers and politically exposed persons.

Clause 10

Amends section 21 of the principal Act by inserting of a new paragraph (e1) in relation to compliance of previous sections of the principal act.

Clause 11

NATIONAL PEACE AND RECONCILIATION COMMISSION BILL, 2017

Memorandum
The individual clauses of the Bill are explained below:

Clause 1

Provides for the short title of the Bill.

Clause 2

Provides for definitions of words in the Bill. To this end, words like Commission, seal, Executive Secretary, Minister are defined for ease of reference.

Clause 3

Provides for additional functions of the Commission as original functions are established in terms of the Constitution. This Clause also seeks to provide for procedures to be followed by Members of the Commission when conducting the meetings. It also provides for the manner in which vacancies may be filled. The same Clause confers ancillary powers upon the Commission which may help the Commission better discharge its functions.

Clause 4

Reinforces the independence of the Commission established in terms of section 235 of the Constitution.

Clause 5

Empowers the President to, by proclamation, set the seal for the Commission. The seal must be in the custody of the Executive Secretary.

Clause 6

Gives the Commission powers to establish offices throughout the country. The Commission has to establish such offices in consultation with the Minister and the Minister responsible for Finance. The offices established must be accessible to all people. Where necessary, the Commission may request the co-operation of certain entities for the Commission to better perform its functions.

Clause 7

Reiterrates the procedures for the Members of the Commission as set up in the Constitution.

Clause 8

Confers investigative functions upon the Commission. The Commission has got powers to make investigations. The Commission must not investigate any matter which is pending before any competent court.

Clause 9

Sets out the investigation procedures for the Commission. In its hearing procedures, the Commission must not be bound by strict rules of evidence. Any person who is called to appear before the Commission to defend the allegations raised against him or her must be afforded fourteen working days to respond in writing. Any person appearing

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NatioNal Peace aNd RecoNciliatioN commissioN

before the Commission is entitled to be represented by the Legal Practitioner of his or her choice at his or her own expense. This Clause obliges Members of the Commission and their staff not to disclose information obtained except in special circumstances. The Minister responsible for National Security may issue a certificate to the effect that certain evidence or documentation must only be disclosed in camera in the best interest of defence, national security, external relations and the like. Any person who is dissatisfied by the decision of the Minister may appeal to the Commission while any appeal against the decision of the Commission lies with the Administrative Court.

Clause 10

Provides for inadmissibility of incriminating evidence. Only the person who may be compelled by the Commission to testify before the Commission will enjoy this privilege.

Clause 11

Compels persons who appear before the Commission to make an affirmation before they testify.

Clause 12

Establishes various offences for violating the provisions of this Bill. Such offences are to empower the Commission to better discharge its functions without any form of disturbance.

Clause 13

Confers upon the Commission power to make an establishment of its staff.

Clause 14

Gives power to the Commission to appoint the Executive Secretary who must assist the Commission in the discharge of its functions.

Clause 15

Provides for the manner in which various reports may be submitted to Parliament by the Commission through the Minister.

Clause 16

Provides for various sources of the Commission’s funds.

Clause 17

Compels the Commission to keep proper books of account. The Commission is allowed to appoint an Internal Auditor in terms of this Clause.

Clause 18

Of the Bill provides for procedures for auditing of the Commission’s books of accounts. In terms of this Clause, the Auditor

NATIONAL PROSECUTING AUTHORITY (AMENDMENT) BILL, 2019

Memorandum

This National Prosecuting Authority (Amendment) Bill, 2019 is designed to improve the governance structure of the National Prosecuting Authority. The Bill also takes account of the accounting status of the Authority. The Bill provides for the appointment of Deputy Prosecutors-General to assist the Prosecutor-General in the discharge of his or her constitutional mandate.

In more detail, the Bill provides as follows—

Clause 1 sets out the short title of the Bill.

Clause 2 amends the definition section by introducing new terms used in the Bill. Notable are the following terms—

“Secretary to the Authority” which is defined by reference to section 15(2) as the Accounting Officer of theAuthority;

“Deputy Prosecutor General” which is defined by reference to section 8.

Clauses 3 and 4 deal with the membership of the Board.

Clause 5 provides for the appointment, by the Board in consultation with the Minister, of Deputy Prosecutors-General who shall head specific prosecutorial sections and other departments of theAuthority as well as supervise the members assigned thereto. The Deputy Prosecutors-General shall be subject to the direction of the Prosecutor- General on the discharge of their duties.

Clause 5 empowers the Board to appoint the Secretary to the Authority and lays out his or her functions.

Clause 6 merely makes textual changes.

Clause 7 provides that the Secretary of the Authority shall report to the Board. This is a departure from the current scenario where the Director of Administration was reporting to the Permanent Secretary of the Ministry of Justice, Legal and Parliamentary Affairs.

Clause 8 proposes that the proportions for the Court Retention Fund be redistributed to accommodate Zimbabwe Prisons and Correctional Services.

Clause 9 makes consequential amendments to the Criminal Procedure and Evidence Act [Chapter 9:07].

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20

BILL

To amend the National Prosecuting Authority Act [Chapter 7:20]; and to amend the Criminal Procedure and Evidence Act [Chapter 9:07] and to provide for matters connected therewith or incidental thereto.

ENACTED by the Parliament and the President of Zimbabwe.

1 Short title

This Act may be cited as the National Prosecuting Authority Amendment Bill, 2019.

2 Amendment of section 2 of Cap. 7:20

Section 2 (“Interpretation”) of the National Prosecuting Authority Act [Chapter 7:20] is amended by—

3

Amendment of section 4 of Cap. 7:20

(a) (b)

the repeal of the definitions of “Director for Administration” and “National Director of Public Prosecutions”;

the insertion of the following definitions—

““Secretary to the Authority” means the person appointed in terms of section 8A;

“Deputy Prosecutor-General” means a person appointed as such in terms of section 8;”

National Prosecuting authority (amendment)

Section 4 (“Constitution of National Prosecuting Authority”) is amended by the repeal of paragraphs (b) and (c) and substitution of—

H.B. 20, 2019.]

Printed by the Government Printer, Harare

1

National Prosecuting authority (amendment) “(b) the Deputy Prosecutors-General”;

(c) the Secretary to the Authority”.

4 Amendment of section 5 of Cap. 7:20

Section 5 (“Establishment and composition of National Prosecuting Authority Board”) is amended by— 5

1. (a)  the repeal of subsection (1) and substitution of—“(1) Subject to subsection (2), there is hereby established a Board, to be known as the National Prosecuting Authority Board.”;
2. (b)  the insertion after subsection (1) of the following subsections—
   “(1a) The Board shall consist of— 10
   1. (a)  the Prosecutor-General; and
   2. (b)  a person who has been or is qualified to be a judge of the High Court or Supreme Court, appointed by the Minister
      after consultation with the Judicial Service Commission;
      and 15
   3. (c)  a Commissioner of the Civil Service Commission appointed by the Chairperson of the Civil Service Commission; and
   4. (d)  five members appointed, subject to subsection (2), by the Minister, of whom— 20
      1. (i)  one shall be a person employed in the Ministry responsible for justice, nominated by the Minister responsible for justice; and
      2. (ii)  one shall be a person employed in the Ministry responsible for finance nominated by the Minister 25responsible for finance; and