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The Zimbabwe National Assembly has removed a clause that allowed employers to terminate permanent staff contracts with just three months’ notice. This action was taken after the country’s Supreme Court ruled in 2015 that companies could end staff contracts at any time without offering them compensation, provided they received at least three months’ notice. The ruling led to an increase in terminations of employment without disciplinary action, and had been considered a burden to the country’s labour laws.
During debates on the Labour Amendment Bill, the Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, agreed to remove the requirement of notice. The Bill also proposed the use of “labour brokerage arrangements” to be removed, as it was deemed to be modern-day slavery.
In his submission, Harare East legislator Mr Tendai Biti said the import of the Zuva Petroleum judgment was to create an untenable situation on the labour law in the country. He said:
<blockquote>
When that happened, labour law died because what is the point of having a disciplinary hearing when you can simply give three months’ notice? We need to go back to the status quo. We need to go back to the old position where you cannot terminate on notice. In other words, we need to remove no-fault termination and go back to fault termination to protect workers. You are allowed to employ seasonal workers, but a normal industrial worker should only be terminated on fault. That means that the only no-fault situation is retrenchment
</blockquote>
During discussions on the Labour Amendment Bill in the National Assembly, opposition CCC legislators proposed amendments for paternity leave, which were rejected by Minister Ziyambi. However, the Minister agreed to remove a Clause on “labour brokerage arrangements” after legislators argued that it was a form of “modern-day slavery.” These arrangements involve a middle-man employing their own workers who are then sub-employed to a third party, such as cleaning services. The Bill was passed in the National Assembly and will now be sent to the Senate for approval.
The Zimbabwean National Assembly also passed two other bills: the Electricity Amendment Bill and the Children’s Amendment Bill. The Electricity Amendment Bill aims to impose deterrent sentences for those who vandalize electricity infrastructure, while the Children’s Amendment Bill aligns the Children’s Act with the Constitution and international conventions to strengthen child protection.
The Parliament also continued discussions on the Electoral Amendment Bill, with lawmakers agreeing that there was duplication of duties between the Zimbabwe Electoral Commission (ZEC) and the Registrar General in voter registration and document issuance. The Registrar General’s office was suggested as a solution as it issues national identity documents. However, any changes would require a constitutional amendment. Minister Ziyambi suggested that the Delimitation Commission be separated from the electoral body to avoid conflicts during elections, but any changes would be kept in mind for future parliamentary sessions.
<h2><a href="https://www.pindula.co.zw/">More Pindula News</a></h2>

Pindula News

Zimbabwe Removes Clause Allowing Employers To Terminate Contracts On Short Notice

The Executive Director of the Zimbabwe Lawyers for Human Rights (ZLHR) Roselyn Hanzi has said the 2023 General Elections will be held with no legal reforms.
The Constitution of Zimbabwe stipulates that any electoral legislation passed after the President proclaims an election date will not apply to those elections.
On Wednesday, 31 May, President Emmerson Mnangagwa proclaimed the 23rd of August 2023 as the day for the country’s general elections.
According to Proclamation 4 of 2023 which is contained in Statutory Instrument 85 of 2023,  the nomination day, when candidates are registered to stand in the election, will be on 21 June.
02 October 2023 has been set as the date for a run-off for the election of the office of the President if such a poll becomes necessary.
Posting on Twitter after the proclamation of the election date, Hanzi said the 2023 elections are being held with no legal reforms. She wrote:
<blockquote>
In terms of sec 157 of the Constitution, after an election has been called, as has happened, no change to Electoral Law or any other law on elections will apply to that election. This means that the 2023 elections are being held with no legal reforms.
</blockquote>
Parliament is currently working on the Electoral Amendment Bill which seeks to operationalise the latest constitutional amendments for the election of 10 youth members to the National Assembly, one from each province, as well as the continued election of 60 women, six from each province, to the National Assembly under a quota system, among others.
Following the proclamation of the election date, work on the amendments has become an academic exercise when it comes to voting on 23 August. 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

2023 Elections To Be Held With No Legal Reforms - ZLHR Director

The opposition Citizens’ Coalition for Change (CCC) has condemned the Electoral Amendment Bill that is currently before Parliament. A statement released by the party reads:
<blockquote>
<h2>ELECTORAL AMENDMENT BILL UNCONSTITUTIONAL, INADEQUATE &amp; ANTI-REFORM</h2>
Introduction
The proposed Electoral Amendment Bill that is currently before Parliament is unconstitutional, grossly inadequate and anti-reform.
It fails to align Zimbabwe’s Electoral Law to the Constitution, it does not take into account the recommendations of the 2018 Election Observer Missions on electoral reforms and it is not compliant with regional and international electoral treaties, guidelines and standards as will be shown in detail below.
A. No public consultation
The draft amendments have been put forward by ZANU PF to suit their ends with no public consultation whatsoever.
The Electoral Reform Bill is designed to create the impression that electoral reforms are being implemented when in fact, the proposed amendments take away more than they give and seek to exclude effective political participation in the forthcoming elections by the CCC.
Despite the constitutional obligation under s68 to consult the public when administrative action of this nature is undertaken, there is no record of public or stakeholder consultations in the lead-up to the draft amendments.
No meetings of political parties nor Civic Society Organizations were convened by either by ZEC or the Ministry of
Justice to consider recommendations from stakeholders. Written submissions were not solicited either.
An attempt has been made to belatedly stitch together electronic public hearings which are set to commence today.
We take issue with this methodology as it excludes the majority of the population which do not have access to the internet and may not be able to participate in the radio hearings due to technical challenges or load shedding.
The electronic hearings are also unconstitutional as they fail to facilitate comprehensive involvement and submissions from interested parties in legislative matters as required sections 68 and 141 of the Constitution.
B. Amendments designed to disqualify CCC candidates through targeted ‘criminal convictions’ 
This proposed amendment requires aspiring candidates to make solemn declarations that they have no conviction of at least 12 months prior to the election.
This amendment is calculated to ensure our members who are facing targeted prosecutions and are victims of clear weaponization of the law to silence the opposition do not stand as candidates.
This implied disqualification clause for Parliamentary candidates violates and is ultra vires the Constitution.
The Constitution sets out the only competent grounds for disqualification of Members of Parliament in sections 121, 125 and 129.
Crucially, there is no mention of disqualification due to prior conviction before tenure of office.
C. Driver’s licence as permissible proof of identity incompetent as it does not prove citizenship 
Section 67 of the Constitution expressly provides that only Zimbabwean citizens are eligible to participate in electoral processes.
By implication, drivers’ licenses do not constitute proof of identity for electoral purposes as it is common cause that they do not prove citizenship. A non-Zimbabwean can hold a valid Zimbabwean driver’s licence.
This clause is therefore irrelevant and does not contribute materially to the enhancement of the citizens right to register to vote or vote.
D. Implementation of Constitutional Amendments 1 and 2 premature, challenge still before the courts 
The proposed amendments on the 30% women local government quota and the youth quota were necessitated by Constitutional Amendments 1 and 2 which are currently being challenged before the courts by civic entity, Veritas citing procedural flaws.
Therefore, the proposed implementation of constitutional amendments that are currently sub judice is premature.
E. No legal framework for implementation of women and youth quotas
Further and in any event, the Electoral Amendment Bill does not create the required legal framework for the operationalization of the Constitution in respect of the women and youth quotas.
The constitutional amendment in Section 124 introduced new provisions which mandated parties to ensure that their lists are inclusive of young women below the ages of 35, women with disabilities and young women with disabilities.
There is no enforcement mechanism in the draft law to ensure implementation by political parties as would have been expected.
F. 30% Women’s quota for Local Government unconstitutional
The Electoral Amendment Bill provides for a 30% women’s quota in local authorities. This violates the 50% gender parity threshold set out in the Constitution. Sections 17, 56 and 80 of the Constitution expressly provide for 50/50 equality regarding gender representation at all levels of Government.
The Electoral Amendment Bill should therefore put in place mechanisms that advance the achievement of the 50/50 gender parity within the existing number of wards instead of creating additional 587 council seats over and above the current 1958.
The inclusion of women representatives should be incorporated into existing council seats to ensure compliance with 50/50 gender equality.
G. The mandate of women elected to the quota is not defined
The 30% women’s quota for local government is not accompanied with a clarification of the role of the women listed who would have no allocated wards and thus no clear jurisdiction or defined role in the local government architecture.
There is a risk that they will be rendered redundant and ineffective in communities while remaining costly to the fiscus.
Gender parity concerns should be addressed through substantive reform and not window dressing as we see here.
There is also the risk that the women will be elbowed out of the directly elected ward seats and confined to the reserved quota seats which undermines effective women participation in the local authority political space.
The increase in the number of council seats will inevitably create administrative and financial challenges for local authorities that already face operational challenges and budgetary constraints.
Conclusion
In conclusion, there can be no doubt that the proposed amendments are superficial in that they do not address the essential election systems and process principles enshrined in Chapter 7 of the Constitution.
Consequently, these proposals fail the litmus test of applying safeguards for a free, fair and credible election.
We call for sincere, comprehensive reforms that will move the needle and ensure that we create a conducive electoral environment for electoral players and fully facilitate the ability of citizens to exercise their political rights and participation in electoral processes.
</blockquote>

FULL TEXT: Electoral Amendment Bill Unconstitutional, Inadequate And Anti-reform - CCC

Citizens’ Coalition for Change (CCC) leader Nelson Chamisa has reiterated his call for what he calls a Pre-Elections Pact on Reforms (PREPARE) to ensure that the 2023 general elections are held in a peaceful environment that will produce an uncontested outcome.
Chamisa said that Zimbabwe should break the cycle of disputed elections by implementing genuine reforms that create an environment for free and fair polls. He said:
<blockquote>
There are no genuine reforms in the Zpf/government proposed electoral reforms by cabinet.
A pre-election pact on reforms by all parties, civil society, and stakeholders is key.
Any unilateral political decision will produce a disputed and discredited national leadership.
</blockquote>
In October this year, Cabinet approved the Electoral Amendment Bill which seeks to incorporate 30 percent of women in local authorities and introduce a youth quota system in the National Assembly.
Announcing the development while delivering the 29th post Cabinet briefing in Harare last month, Information, Publicity and Broadcasting Services Minister Monica Mutsvangwa:
<blockquote>
In terms of the constitution of Zimbabwe, one has to be a citizen in order to qualify as a voter.
Accordingly, only a valid Passport or National Identity Card will be required as proof of identity.
… Once the Electoral Amendment Bill; 2022 is enacted into law, it will assist in ensuring that only citizens are able to vote in an election; that proper candidates are allowed to contest in an election; providing clarity on when and how a candidate can withdraw their candidature in an election so as to afford ZEC sufficient time to make changes to the design of the ballot; and advising the electorate of any changes to the candidature in an election.
</blockquote>

Chamisa Reiterates Call For “Pre-Elections Pact On Reforms” With Stakeholders

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