Laws that are set for amendment before any future poll include the Access to Information and Protection of Privacy Act, the Public Order and Security Act, the Broadcasting Services Act and the Criminal Procedure and Evidence Act.
The two MDC formations are of the view that reforms to the legislation are a pre-requisite for the holding of free, fair and credible polls.
Some political analysts are of the view that the expiry of Parliament’s lifespan will open the gates for the invocation of the Presidential Powers (Temporary Measures) Act.
According to Section 2(1)(c) of the Act, the President shall only issue a decree in a situation deserving urgency such that “because of the urgency, it is inexpedient to await the passage through Parliament of an Act dealing with the situation”.
With regards to the implementation of the above reforms after the expiry of the lifespan of Parliament, the deputy Minister of Justice, Obert Gutu, said consultation and consensus among political parties in the Inclusive Government would be the way forward.
“As long as there is consensus among the parties, reforms can be implemented even without Parliament. Presidential powers can be used responsibly to make sure reforms are done before elections. This is more of a political issue than a legal one,” he said.
Political analyst Eldred Masunungure expressed fears that the delay in the implementation of reforms to laws pertaining to elections could be a deliberate ploy by Zanu (PF).
“Once Parliament has dissolved this leaves the door open for the invocation of the Presidential Powers Act. I think the delays could be deliberate to buy time until Parliament lapses, triggering the coming into effect of the Presidential Powers Act.
“It also means that various pieces of legislation such as AIPPA, POSA will not be amended and we will go to elections under a legal framework regarded by the major contestants as not conducive to the holding of free and fair elections,” said Masunungure.
Another political analyst, Rejoice Ngwenya, said the lifespan of Parliament could be extended. “It is up to Parliamentarians, Ministers, Cabinet and the Constitutional Court to ensure Parliament survives long enough to implement the reforms. Parliament should be allowed to sit until these reforms are implemented otherwise other people are going to call for no elections,” said Ngwenya.
Post published in: News