and the recent Law Society model — to see how far they provide for a separation of powers. (In what follows, the effect of the GPA on the present Constitution will be ignored — it is so vaguely worded that in most cases it obscures what was previously clear, and in any event its effect is only temporary). Comparison of Provisions for Separation of Powers in Present Constitution and Proposed Drafts Can the Executive (Head of Government or a Minister) exercise legislative powers? • Present Constitution: Parliament can confer legislative functions on anyone. Under the Presidential Powers (Temporary Measures) Act and the Emergency Powers Act, the President has been given almost unlimited, though temporary, power to enact legislation. • Kariba draft: Legislative authority is vested in Parliament and the President and Parliament may confer legislative functions on anyone. • NCA draft: Only subsidiary law-making powers may be delegated by Parliament, and all subsidiary legislation must be laid before the National Assembly. • Law Society draft: Essentially the same as the NCA draft. Can the President veto legislation? • Present Constitution: The President has 21 days within which to assent to a Bill passed by Parliament. If he refuses assent, the Bill is returned to Parliament and, if the House of Assembly by a 2/3 majority so resolves, the Bill is sent back to the President. He must then assent to it within 21 days or dissolve Parliament. • Kariba draft: As under the present Constitution, the President may refuse to assent to a Bill within 21 days — but only if he or she has reservations about its constitutionality. If the President refuses assent, the Bill is returned to Parliament and, if a 2/3 majority of both the Senate and the House of Assembly so resolves, the Bill is sent back to the President. He must then assent to it within 21 days. • NCA draft: Very much the same as under the Kariba draft. • Law Society draft: Again, very much the same as under the Kariba draft. Can the Executive appoint members of Parliament? • Present Constitution: Out of 93 Senators, the President appoints five in his complete discretion; a further 10 are Provincial Governors appointed by the President in his complete discretion; and a further 18 are chiefs who owe their appointment to the President. • Kariba draft: Identical to the present Constitution. • NCA draft: Ten Senators will be chiefs, but the manner in which the chiefs will be appointed is unclear. • Law Society draft: All members of both Houses of Parliament will be elected. Can the Executive impose taxes? • Present Constitution: Probably not, if the Constitution is properly interpreted, but the President has imposed taxes using the Presidential Powers (Temporary Measures) Act. • Kariba draft: No taxes, duties or levies may be imposed unless they have been authorised by an Act of Parliament, but an Act can allow a Minister to impose them. 32