STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ right to a fair hearing (section 69 of the Constitution) and should be removed from the Act. The same applies to section 48 of the Act (seizure and sale of designated livestock of defaulting debtor) and, probably, the Second Schedule (procedure for sale by the AFC of debtor’s property). 6. Animal Health Act [Chapter 19:01] This Act, like other Acts originating from the Parliament of the Federation of Rhodesia and Nyasaland (e.g. the Control of Goods Act, the Plant Pests and Diseases Act and the Exchange Control Act) is unconstitutional because it gives excessive regulatory power to the President or a Minister. Section 134(a) of the Constitution states that Parliament’s primary law-making power must not be delegated: this means that an Act of Parliament can confer power to make regulations filling in details that are not covered in the Act itself, but cannot go further. This Act gives the Minister of Agriculture plenary law-making power, allowing him or her to prohibit the import or export of animals, pests and infectious things; to prohibit the movement of people or vehicles; and to make regulations for anything whatever that he or she thinks necessary or expedient to prevent the spread of a disease or pest. The Act confers primary law-making powers on the Minister and is therefore unconstitutional. 7. Anti-Corruption Commission Act [Chapter 9:22]* The Act needs to be aligned with the Constitution in the following respects: • The appointment of the chairperson requires consultation with the Committee on Standing Rules and Orders (section 254 of the Constitution). • Members must hold office for five years, not two (section 320 of the Constitution). • The disqualifications of members set out in section 9 of the Act are inconsistent with sections 236(3) and 320(3) of the Constitution. • The grounds for dismissing members under section 10 of the Act are inconsistent with section 237(2) as read with section 256 of the Constitution. • The Commission’s objects and functions set out in sections 11 and 12 of the Act are not consistent with section 256 of the Constitution. 8. Births and Deaths Registration Act [Chapter 5:02] The Act should be amended to reinforce the right of children to birth certificates (section 81(1)(c) of the Constitution), e.g.: • to provide for the issue of birth certificates to children found in the country (foundlings) whose parents are not known, to avoid statelessness (section 36 of the Constitution; • to provide that either parent or any grandparent with adequate documentation can apply for the birth certificate for a child, where a parent is unavailable. 9. Broadcasting Services Act [Chapter 12:06]* The Act needs to be amended in the following respects: • To ensure that members of the Broadcasting Authority of Zimbabwe are politically neutral or represent a reasonably wide spectrum of opinions, as required 3