Zimbabwe Human Rights NGO Forum Special Report
Enforcing the Rule of Law in Zimbabwe
UNFPA and the PTA Clearing House), and the Unlawful Organisations Act to lift restrictions on
a specific company (Walmer Ranching). He has chartered all new tertiary educational
institutions, in addition to largely ceremonial uses of the Constitution and the Commissions of
Inquiry, Flag of Zimbabwe, Honours and Awards, and Public Holidays Acts. Among numerous
other and perhaps less expected statutes he has used have been the Civil Protection, Control of
Goods, Customs and Excise, Electoral, Emergency Powers,1 Exchange Control, Income Tax,
Law and Order (Maintenance), Magistrates Court, Parliamentary Salaries and Benefits, Rural
District Councils, Rural Councils, Urban Councils and Water Acts. His statutory interventions in
local government comprise over 42% of the total.
Table 3.1. Frequency of presidential use of subordinate legislation under statutes
Act
N used
%
Civil Protection
Commissions of Inquiry
Communal Land
Constitution
Control of Goods
Customs and Excise
Electoral
Emergency Powers
Honours and Awards
Income Tax
Legal Assistance etc
Magistrates Court
Mines and Minerals
National Heroes
National Council for Higher Education
Parliamentary Salaries and Benefits
Presidential Pension
Privileges etc
Provincial Councils
Public Holidays
Rural Councils
Rural District Councils
Urban Councils
Water
Other (used once each)
7
12
4
23
26
14
64
14
6
21
2
4
2
8
3
20
3
5
2
3
6
125
58
4
14
1.6
2.7
0.9
5.1
5.8
3.1
14.2
3.1
1.3
4.7
0.4
0.9
0.4
1.8
0.7
4.4
0.7
1.1
0.4
0.7
1.3
27.8
12.9
0.9
3.1
Total
450
100.0
As would be expected in such heavy use of Statutory Instruments, there have been errors and,
more worrying, illegalities. SI 191/1998, altering regulations under which the Reserve Bank of
Zimbabwe may intervene to stabilise fluctuations in the exchange rate, was issued under the
Emergency Powers Act, when the state of emergency had finally expired on 25 July 1990.
Presumably – unless the change was intended to be invalid – the Act used should have been the
PP(TM)A. The PP(TM)A itself makes no provision for use by anyone other than the State
President, but in 1993 two well-respected Cabinet ministers, Bernard Chidzero and Dennis
Norman, appended their signatures to General Notices (516A and 568B) using it in order to get
commuter omnibuses on the roads quickly.
1
Nine of his total of 14 uses of the Emergency Powers Act were to control rents and/or prices.
20
Select target paragraph3
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