Bill Watch 65/2019
Progress on Bills, but Not on Budget
1 December 2019
amendments. The differences include:
1. The ZIDA Board is downgraded to a mere Advisory Board advising an allpowerful Chief Executive Officer [CEO] appointed by Government. The original
Bill provided for a Board that would oversee and control the operations of ZIDA,
appoint staff below the CEO, and generally make important decisions for the
Agency. The amendments give the Board’s functions to the CEO. Minister
Ziyambi explained:
“We are envisaging a board that will advise the CEO who reports to the
President. … As regards an advisory board and an actual board, they are
very different. An advisory is advisory in nature and a board that is not
advisory has power to make certain decisions. What we are saying is as of
now, because of the urgency and the need to be aggressive in promoting
investment, the ZIDA Agency will be housed in the Office of the President.
That way, we believe that we will also be able to deal with some of the
corruption that has been happening because the President will have direct
oversight on it.”
2. The Bill now provides explicitly for the situation in which the President
chooses to reserve the administration of the Act to himself [he is entitled to do
this under section 104 of the Constitution – “the President may reserve to
himself or herself the administration of an Act”].
3. There is a new clause between clauses 5 and 6 of the original Bill. It requires
statutory bodies and local authorities to prioritise consideration of applications
to them by holders of ZIDA investment licences for other permits, licences or
authorisations they may require for their operations [for example, trading
licences, permission from the Environmental Management Authority].
4. The President will appoint the CEO either “on his own authority” [i.e., without
having to consult anyone] if he has reserved the administration of the Act to
himself/herself or, where he has entrusted the administration of the Act to a
Minister, after consultation with that Minister. MPs complained about CEO and
Board appointments not requiring Parliamentary input.
Money Laundering and Proceeds of Crime Amendment Bill Amended
This is the Bill to provide for Unexplained Wealth Orders. It replaces the now
lapsed temporary provision under the Presidential Powers (Temporary
Measures) Act. The Bill was fast-tracked through two stages on Thursday 28th
November. The Second Reading stage resumed with the presentation of the
report on the Bill and the public hearings on it, by the Portfolio Committee on
Budget, Finance and Economic Development; it recommended a few
amendments. Hon Biti, Hon Misihairabwi-Mushonga and Hon Phulu made
thoughtful contributions to the debate, suggesting changes. In response
Minister Ziyambi said some suggestions could be accommodated during the
Committee Stage. The Committee Stage followed immediately and ended with
the Bill being amended in several respects and referred to the PLC for its report