Finance Bill, 2015
An Act to provide for data protection with due regard to the Declaration of Rights under the Constitution and the public and national interest; to establish a Cyber Security Centre and a Data Protection Authority and
5 to provide for their functions; to create a technology driven business environment and encourage technological development and the lawful use of technology; to amend sections 162 to 166 of the Criminal Code (Codification and Reform) Act [Chapter 9:23] to provide for investigation and collection of evidence of cyber crime and unauthorised
10 data collection and breaches, and to provide for admissibility of electronic evidence for such offences; and to provide for matters connected with or incidental to the foregoing.
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.
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 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.
MARRIAGES BILL, 2019
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;
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:
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.
The individual clauses of the Bill are explained below:
Provides for the short title of the Bill.
Provides for definitions of words in the Bill. To this end, words like Commission, seal, Executive Secretary, Minister are defined for ease of reference.
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.
Reinforces the independence of the Commission established in terms of section 235 of the Constitution.
Empowers the President to, by proclamation, set the seal for the Commission. The seal must be in the custody of the Executive Secretary.
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.