STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ • Provision needs to be made for the allocation of revenues between provincial and local tiers of government, as required by section 301 of the Constitution. 63. State Liabilities Act [Chapter 8:14] This Act needs the following amendments: • Repeal of the provision (section 5) barring execution against state property to satisfy a judgment debt, as this currently perpetuates non-compliance and impunity by state agents of their constitutional obligations. This section was declared unconstitutional recently by the High Court (Mushore J) in the case of Mangwiro v Minister of Justice & Others. • Inclusion of a step-by-step process for the payment of a final court order for damages against government sounding in money, including the attachment and sale in execution of movable property belonging to the state and/or department concerned. 64. Suppression of Foreign and International Terrorism Act [Chapter 11:21] Section 8 of this Act allows the Minister of Home Affairs to publish a notice in the Gazette designating any organisation to be a foreign or an international terrorist organisation for the purposes of the Act; the effect of such a designation renders its members liable to heavy criminal penalties. The designation can be published without prior notice, and no criteria are laid down for the Minister to follow. There is no appeal, except in the form of an application to the Minister to revoke the notice under section 8(4). The section obviously infringes freedom of association. It should be repealed or the Minister’s powers under it should be severely curtailed. 65. Traditional Leaders Act [Chapter 29:17]* The Act must be amended to bring it into line with sections 283 and 284 of the Constitution, and to provide for provincial assemblies (rather than councils) of chiefs. It should also provide for the Integrity and Ethics Committee referred to in section 287 of the Constitution. 66. University of Zimbabwe Act [Chapter 25:16] This Act is taken as typical of the other Acts establishing State universities, which are all closely modelled on it. The Act infringes freedom of expression, in the form of academic freedom guaranteed by section 61(1)(c) of the Constitution, in the following respects: • The President is ex officio Chancellor of the University with power to appoint the Vice-Chancellor, the University’s CEO. In making the appointment the President must act on the advice of his Cabinet but merely consults the Council of the University (sections 7 & 8 of the Act). • The Pro-Vice-Chancellors are appointed by the University Council with the approval of the Minister of Higher and Tertiary Education (section 9). • Thirty out of 44 members of the University Council are appointed by the Minister. Among the other members are the Chancellor (i.e. the President), the Vice-Chancellor (a presidential appointee) and the Pro-Vice-Chancellors (appointed with the Minister’s approval). 21