STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ Under this Act the President can make regulations prohibiting the export of any agricultural produce (which is very widely defined) and imposing quality standards for exported produce. 57. Provincial Councils and Administration Act [Chapter 29:11] The whole Act needs to be replaced to bring it into line with Chapter 14 of the Constitution, which deals with provincial government and the devolution of powers to provincial and metropolitan councils. Among other things: • The creation of provinces and the alteration of their boundaries must be done after consultation with the people in the affected provinces and with the Zimbabwe Electoral Commission; the Act does not provide for this. • The Act gives functions to Provincial Governors, who no longer exist. • Provincial councils are established by virtue of the Constitution, not the Act. 58. Public Order and Security Act [Chapter 11:17] In its present form this Act severely restricts freedom of association, and the following amendments should be made as soon as possible: • Section 25 of the Act, which requires notice of public gatherings to be given to the police, should be amended to make it clear that the police have no power to refuse permission for peaceful gatherings, and that failure to give notice will not render a gathering unlawful or make the convenor liable to criminal prosecution. • Magistrates, rather than police officers, should be given power to prohibit gatherings, and then only if the gatherings are likely to lead to public disorder. • Whenever the police use force to disperse a gathering or to quell disorder at a gathering, they should be compelled to prepare a detailed written report and to provide the convenor of the gathering with a copy of the report. 59. Public Service Act [Chapter 16:04] The Act must be amended to ensure the political neutrality of the Civil Service as required by section 200(5) of the Constitution, and to give effect to applicable principles of public administration laid down by Chapter 9 of the Constitution. The title of the Act should also be changed. 60. Research Act [Chapter 10:22] This Act permits the Research Council of Zimbabwe to control all types of research conducted in terms of any Act, through its power under section 16(2) and (3) to declare anyone conducting such research to be a research council or institute. This violates freedom of research protected under section 61(1)(b) of the Constitution. 61. Reserve Bank of Zimbabwe Act [Chapter 22:15]* Section 317(1)(c) of the Constitution gives the Reserve Bank the objective of formulating and implementing Zimbabwe’s monetary policy. Section 45 of this Act says the Bank must do so in consultation with the Minister of Finance. If “in consultation with” has the same meaning as was given to the phrase in the Lancaster House Constitution – i.e. that the Minister must concur in or approve the policy proposed by the Bank – then the section is unconstitutional. It should be amended or clarified. 19