In Zimbabwe, laws are made through a process that involves the Parliament, the President, and the Constitutional Court.
1. Introduction of a Bill:
- A bill can be introduced in Parliament by a member of the House of Assembly or the Senate.
- The bill is typically drafted by the Ministry or government department responsible for the subject matter of the bill.
- The bill must be accompanied by a certificate from the Attorney-General stating that the bill is consistent with the Constitution.
2. First Reading:
- The bill is introduced in Parliament by the member who drafted it.
- The bill is read out by title only.
- There is no debate at this stage.
3. Second Reading:
- The bill is debated on its general principles.
- Members of Parliament can speak for and against the bill.
- The Minister or government department responsible for the bill will speak in support of the bill.
- At the end of the debate, the bill is put to a vote.
- If the bill is passed by a majority vote, it proceeds to the Committee Stage.
4. Committee Stage:
- The bill is considered in detail by a committee of the House of Assembly or the Senate.
- The committee can make amendments to the bill.
- The committee will eventually report the bill back to the full House with or without amendments.
5. Report Stage:
- The bill is debated on its amendments, if any.
- Members of Parliament can speak for and against the amendments.
- The Minister or government department responsible for the bill will speak on the amendments.
- At the end of the debate, the amendments are put to a vote.
- If the amendments are passed by a majority vote, they are incorporated into the bill.
6. Third Reading:
- The bill is read out in full for the final time.
- Members of Parliament can speak on the bill as a whole.
- The Minister or government department responsible for the bill will speak on the bill.
- At the end of the debate, the bill is put to a final vote.
- If the bill is passed by a majority vote, it is sent to the Senate.
7. Senate:
- The bill follows a similar process in the Senate as in the House of Assembly.
- The bill is read three times, and amendments can be made at the Committee Stage and the Report Stage.
- If the bill is passed by the Senate with or without amendments, it is returned to the House of Assembly.
8. Presidential Assent:
- The bill must be signed by the President in order to become law.
- The President has the power to assent to the bill, withhold assent, or refer the bill back to Parliament for reconsideration.
- If the President withholds assent, the bill is not law.
- If the President refers the bill back to Parliament, Parliament must reconsider the bill and can either pass it again with or without amendments or reject it.
9. Publication:
- Once the bill is passed by Parliament and assented to by the President, it is published in the Government Gazette.
- The bill becomes law on the date it is published or on a later date specified in the bill itself.
10. Constitutional Review:
- Within 21 days of the publication of a new law, any citizen can file a petition with the Constitutional Court challenging the constitutionality of the law.
- The Constitutional Court will review the law and determine if it is consistent with the Constitution.
- If the Constitutional Court finds that the law is unconstitutional, it can strike it down.
11. Judicial Review:
- Individuals or groups can also challenge the legality of a law by seeking judicial review in the High Court.
- The High Court will review the law and determine if it was properly made or if it violates any fundamental rights or principles.
- If the High Court finds that the law is unlawful, it can declare it invalid and unenforceable.