HIGHLIGHTS: Zimbabwe National Security Bill, 2009

The Zimbabwe National Security Council, is composed of the President
Robert Mugabe as chairperson, the two Vice-Presidents Joseph Msika and
Joyce Mujuru, the Prime Minister Morgan Tsvangirai, the two Deputy
Prime Ministers Thokozani Khupe and Arthur Mtambara, Ministers
responsible for Finance, the Defence Forces and the Police Force, and
one Minister nominated by each of the three political parties who are
signatories to the Interparty Political Agreement.

In addition to these Cabinet members the Council includes ex-officio
members such as the Commander of the Defence Forces, the Commanders of
the Army and Air Force, Commissioner-General of Police and the
Commissioner of Prisons.

The functions of the Zimbabwe National Security Council include
reviewing national policies on security, defence, law and order and
recommending or directing appropriate action.

The frequency with which the Council will meet and the procedure to be followed at its meetings are set out in this clause.

The Council shall appoint committees to assist it in exercising its functions.

Vacancies on the Council or any committee of the Council will not invalidate its decisions.

The Bill will be coterminous with the Interparty Political Agreement.

BILL

To provide for the establishment of the Zimbabwe National Security
Council provide for its functions and meetings; and to provide for
matters connected therewith or incidental thereto.

ENACTED by the President and the Parliament of Zimbabwe.

Establishment and membership of Council

(1)  There is hereby established a council to be known as the National consisting of the President as chairperson and

(a) the following members of the Cabinet

(i) the two Vice-Presidents; and

(ii) the Prime Minister; and

(iii) the two Deputy Prime Ministers; and

(iv) the Ministers responsible for finance, the Defence Forces and the Police Force; and

(v) one Minister nominated by each by each of the three
political parties who are signatories to the Interparty Political
Agreement;and

(b) the following other members

(i) the Minister of State in the President's Office responsible for National Security; and

(ii) the Chief Secretary to the President and Cabinet; and

(iii) the Secretary to the Prime Minister; and

(iv) the Commander of the Defence Forces; and

(v) the Commanders of the Army and Air Force; and

(vi) the Commissioner-General of Police; and

(vii) the Commissioner of Prisons;  and

(viii) the Director-General of the Department of State for National Security.

(2) If a person nominated to the Council in terms of section 3(1)(a)(v)
ceases to be a Minister, the political party that nominated him or her
shall, without delay, nominate another Minister to be a member of the
Council.

Functions of Council

The Council shall be responsible for

(a) reviewing national policies on security, defence, law and
order and recommending or directing appropriate action;  and

(b) reviewing national, regional and international security,
political and defence developments and recommending or directing
appropriate action;  and

(c) considering and approving proposals relating to the nation's strategic security and defence requirements;  and

(d) receiving and considering national security reports and
giving general or specific directives to the security services;

(e) ensuring that the operations of the security services comply with the Constitution and any other law;  and

(f) exercising any other function that the Cabinet may delegate to the Council;

(g) generally keeping the nation in a state of preparedness to meet any threat or security.

Meetings, procedure and committees of Council

(1) The Council shall meet at such times and places as the President, in consultation with the Prime Minister, may direct

Provided that the Council shall meet at least once in every calendar month.

(2) All decisions of the Council shall be made by consensus.

(3) For the better exercise of its functions, the Council may establish
one or more committees and may vest in those committees such of its
functions as it thinks fit:

Provided that the vesting of a function in a committee shall not divest the Council of that function.

(4) Where it has established a committee, the Council, subject to this section—

(a) shall appoint at least one member of the Council to be a member
of the committee and shall designate that member or one of those
members, as the case may be, to be chairperson of the committee:

(b) may appoint persons who are not members of the Council to be members of the committee.

(5) The Council shall regulate its own procedure and the procedure of any committee at meetings in any manner it deems fit.

Validity of decisions and acts of Council and committees

No order or direction given, or decision made or act done by or under
the authority of the Council or any of its committees shall be invalid
solely because there were one or more vacancies on the Council or
committee when the order or direction given, or decision made or act
done.

Inconsistency with other enactments

In the event of inconsistency between this Act and the Civil Protection
Act [Chapter 10:06] or any other enactment then, unless the enactment
concerned expressly excludes or modifies the provision of this Act
sought to be applied—

(a) this Act shall prevail over the enactment concerned to the extent of the inconsistency; and

(b) the enactment concerned shall be construed with such
modifications, qualifications, adaptations and exceptions as may be
necessary to bring it into conformity with this Act.

Expiry of this Act

The Act shall cease to have effect on the date on which the Interparty Political Agreement terminates.