Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe Freedom of expression is constitutionally protected and central to the rule of law. However, the current Speaker has arraigned two newspapers (The Financial Gazette and The Daily News) for contempt of Parliament in their reportage. In the first session of the fifth Parliament, on 25 October 2000, the opposition moved a Constitutionally-watertight motion to impeach the State President. Only a month later did the Speaker set up a 12-person committee to examine the grounds for this motion. He initially promised to divide membership according to party representation in the House, but eventually he divided it 2:1 in favour of the ruling party. He reportedly1 told Zanu-PF gatherings in Zhombe and Nembudziya that he would make sure the impeachment process did not succeed. In fact, he did not need to. Chaired by another Presidential appointee, the Leader of the House, Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa, the impeachment committee had not been convened for its first meeting when Parliament was prorogued in May 2001. Chinamasa said he was too busy to call any meetings. The Parliamentary Legal Committee The Constitution (s40)2 provides for a Parliamentary Legal Committee (PLC) of not less than three ordinary Members of Parliament, a majority of whom must be professionally-qualified in the law. The current PLC comprises two eminent constitutional lawyers, one each from Zanu-PF and the MDC, and a non-lawyer and former minister3 from the ruling party’s back benches. To judge by some of their delays and actions, this composition seems to have created political difficulties for Zanu-PF. In practice on diverging political issues the PLC lawyers have tended to hold similar constitutional opinions. The PLC is required to examine every non-Constitutional bill and Statutory Instrument (SI) and report to Parliament on whether it contravenes any provision in the Constitution. In the absence of a negative report from the PLC within a specified time period, Schedule 44 allows Parliament to proceed on the assumption that the bill or SI in question does not contravene the Constitution. As noted earlier, the present Speaker has used this proviso to hold that a negative report had not been submitted on sections of a Presidential statutory instrument (SI 255A/2000). If the PLC considers that a bill or SI contravenes the Constitution, and Parliament accepts this recommendation, Parliament ‘shall not pass’ the proposed legislation or its offending section(s). If the offending provision is redrafted, it must be resubmitted to the PLC and the process repeated. The PLC has given adverse reports on a number of proposed bills and Statutory Instruments, including SI 255A/2000 (the Presidential Powers (Temporary Measures) (Broadcasting) 1 The Zimbabwe Independent 3.11.00, 1.12.00. Which was amended in 1989, and again in 1990. 3 Kumbirai Kangai is currently defending himself in court against major corruption charges. 4 Also amended in 1989. 2 10