Constitutional Obstacle to Fast Tracking The National Security Council Bill -Lloyd Msipa

The National Security Council Bill was gazetted this afternoon in a Government Gazette ExtraordinaryConstitutional Obstacle to Fast Tracking this BillAlthough there seems to be a general expectation that this Bill will be fast tracked through Parliament tomorrow, there is in fact a constitutional obstacle to this. According to our Constitution, all Bills [except Constitutional Bills] have to be referred to the Parliamentary Legal Committee for examination for consistency with the Constitution. This has to be done immediately after the first reading of the Bill and the Bill cannot proceed until the Legal Committee gives the go-ahead. But as yet there is no Parliamentary Legal Committee. The Legal Committee is appointed by the Parliamentary Committee on Standing Rules and Orders – and this has not yet been set up. Some members of this Standing Rules and Orders Committee have to be voted for by each House. But some of the members are ex officio – and these include the Prime Minister and several Ministers – and these have not yet been appointed. Content of the BillThe gazetted Bill differs considerably from the draft Bill which the MDC-T put forward [which Veritas made available 31 January]. Substantive changes have been made. Clause 1 TitleClause 2 DefinitionsClause 3 Composition of the CouncilMDC draft – the President, the Prime Minister, the two Vice-Presidents, the two Deputy Prime Ministers, the chairperson of the Public Service Commission, the Ministers of Defence and Home Affairs, and three other Ministers nominated by the parties to the Inter-party Agreement. The Bill – the President as chairperson, the two Vice-Presidents, the Prime Minister, the two Deputy Prime Ministers, the Ministers responsible for Finance, the Defence Forces and the Police Force, one Minister nominated by each of the three political parties participating in the Interparty Political Agreement. [These are all members of Cabinet]. In addition to these Cabinet members, the Council includes the Minister of State in the Presidents’ Office responsible for National Security, the Chief Secretary to the President and Cabinet, the Chief Secretary to the Prime Minister [an appointment made by the President], the Commander of the Defence Forces, the Commanders of the Army and Air Force, the Commissioner-General of Police, the Commissioner of Prison and the Director General of the Department of State for National Security. Comment: this is a much larger Council than MDC envisaged and instead of being fairly evenly balanced according to known party affiliation, it is heavily weighted in favour of declared ZANU-PF supporters.Clause 4 Functions of the CouncilMDC draft – it will be responsible for overseeing the security services and directing their operations.The Bill – it will be responsible for reviewing national policies on defence, law and order, and recommending or directing appropriate action.Clause 5 Frequency and Procedures of MeetingsMDC draft – The President or, in his or her absence, the Prime Minister calls the meeting and chairs the meetings. Council shall meet at least once every two weeks. Decisions of the Council shall be made with the concurrence of at least five of its members, including the President and the Prime Minister: Disagreements can be referred to the Cabinet. The Bill – The President calls the meeting and chairs the meetings [in his absence it would be a Vice President as acting President] – at least once a month. Decisions by consensus.Clause 6 MDC Draft – The commanders of the security services shall, notwithstanding any other law —(a) report to the Council at such intervals and on such matters as the Council may direct; and(b) promptly carry out every lawful order or direction the Council may give them; and(c) fully comply with every lawful decision of the Council that is applicable to their services.The Bill – omits this clause entirelyClause 6 in the Bill [Clause 7 in MDC draft] Council’s decisions still valid if there are vacancies on the Council.Clause 7 in the Bill [Not in MDC draft] The Act will prevail when there are inconsistencies with other Acts.Clause 8 in the Bill [and MDC Draft] The Act expires on the date the IPA terminates.Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied