Zimbabwe 2013 Constitution (reviewed 2017) - Page 6 of 24

Table of Contents

CHAPTER 6. THE LEGISLATURE

PART 1. LEGISLATIVE AUTHORITY

116. The Legislature

The Legislature of Zimbabwe consists of Parliament and the President acting in accordance with this Chapter.

117. Nature and extent of legislative authority

The legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with this Constitution by the Legislature.
The legislative authority confers on the Legislature the power–
1. to amend this Constitution in accordance with section 328;
2. to make laws for the peace, order and good governance of Zimbabwe; and
3. to confer subordinate legislative powers upon another body or authority in accordance with section 134.

PART 2. PARLIAMENT

118. Parliament

Parliament consists of the Senate and the National Assembly.

119. Role of Parliament

Parliament must protect this Constitution and promote democratic governance in Zimbabwe.
Parliament has power to ensure that the provisions of this Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest.
For the purposes of subsection (2), all institutions and agencies of the State and government at every level are accountable to Parliament.

PART 3. THE SENATE

120. Composition of Senate

The Senate consists of eighty Senators, of whom–
1. six are elected from each of the provinces into which Zimbabwe is divided, by a system of proportional representation conforming with subsection (2);
2. sixteen are chiefs, of whom two are elected by the provincial assembly of Chiefs from each of the provinces, other than the metropolitan provinces, into which Zimbabwe is divided;
3. the President and Deputy President of the National Council of Chiefs; and
4. two are elected in the manner prescribed in the Electoral Law to represent persons with disabilities.
Elections of Senators must be conducted in accordance with the Electoral Law, which must ensure that the Senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation–
1. which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for Members of the National Assembly; and
2. in which male and female candidates are listed alternately, every list being headed by a female candidate.

121. Qualifications and disqualifications for election as Senator

A person is qualified for election as a Senator referred to in section 120(1)(a) or (d) if he or she–
1. is registered as a voter; and
2. is at least forty years of age;
unless he or she is disqualified under subsection (4) or (5).
A person is qualified for election as a Senator Chief referred to in section 120(1)(b) if he or she–
1. holds the office of Chief; and
2. is registered as a voter;
unless he or she is disqualified under subsection (4) or (5).
A person is qualified for election as a Senator referred to in section 120(1)(d) if he or she is a person with a disability as defined in the Electoral Law, unless he or she is disqualified under subsection (4) or (5).
A person is disqualified for election as a Senator if–
1. he or she is disqualified under the Fourth Schedule for registration as a voter; or
2. within five years before the election, he or she vacated a seat in the Senate or the National Assembly in terms of section 129(1)(i) through having been convicted of an offence.
A person is disqualified for election at a by-election in the Senate if he or she is a Member of Parliament.

122. President of Senate

At its first sitting after a general election and before proceeding to any other business, the Senate must elect a presiding officer to be known as the President of the Senate.
Whenever there is a vacancy in the office of President of the Senate, the Senate must without delay elect a person to fill the vacancy.
A person is qualified for election as President of the Senate if he or she is or has been a Senator or is qualified to be elected to the Senate.
Elections to the office of President of the Senate must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission, by secret ballot in accordance with Standing Orders, and the results must be announced forthwith.
Before commencing his or her duties, the President of the Senate must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule.
A Senator who is elected as President of the Senate ceases to be a Senator, and the vacant seat must be filled in accordance with the Electoral Law.
The President of the Senate may resign by announcing his or her resignation in person to the Senate or, if the Senate is not sitting, by giving written notice to the Clerk of Parliament.
The President of the Senate must vacate his or her office–
1. on the day on which the Senate first meets after a general election;
2. upon accepting any other public office or upon entering employment with any other person;
3. upon becoming a Member of Parliament or the Speaker;
4. upon becoming a Vice-President, Minister or Deputy Minister;
5. if circumstances arise that would oblige him or her to vacate his or her seat, if he or she were a Senator; or
6. if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the Senate.

123. Deputy President of Senate

As soon as practicable after electing a President of the Senate following a general election, the Senate must elect a Senator to be the Deputy President of the Senate.
Whenever there is a vacancy in the office of Deputy President of the Senate, the Senate must without delay elect a person to fill the vacancy.
Elections to the office of Deputy President of the Senate must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission, by secret ballot in accordance with Standing Orders, and the results must be announced forthwith.
Before commencing his or her duties, the Deputy President of the Senate must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule.
The Deputy President of the Senate may resign his or her office by announcing his or her resignation in person to the Senate or, if the Senate is not sitting, by giving written notice to the President of the Senate or, in the absence of the President of the Senate, to the Clerk of Parliament.
The Deputy President of the Senate must vacate his or her office–
1. upon ceasing to be a Senator;
2. upon becoming the Speaker;
3. upon becoming a Vice-President, Minister or Deputy Minister;
4. if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the Senate.

PART 4. THE NATIONAL ASSEMBLY

124. Composition of National Assembly

The National Assembly consists of–
1. two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which Zimbabwe is divided; and
2. for the life of the first two Parliaments after the effective date, an additional sixty women members, six from each of the provinces into which Zimbabwe is divided, elected through a system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces.
Elections of Members of the National Assembly must be conducted in accordance with the Electoral Law.
The qualifications for registration as a voter and for voting at elections of Members of the National Assembly are set out in the Fourth Schedule.

125. Qualifications and disqualifications for election to National Assembly

A person is qualified for election as a Member of the National Assembly if he or she–
1. is registered as a voter; and
2. is at least twenty-one years of age;
unless he or she is disqualified under subsection (2) or (3).
A person is disqualified for election as a Member of the National Assembly if–
1. he or she is disqualified under the Fourth Schedule for registration as a voter; or
2. within five years before the election, he or she vacated a seat in the Senate or the National Assembly in terms of section 129(1)(i) through having been convicted of an offence.
A person is disqualified for election at a by-election in the National Assembly if he or she is a Member of Parliament.

126. Speaker of National Assembly

At its first sitting after a general election, and before proceeding to any other business, the National Assembly must elect a presiding officer to be known as the Speaker.
Whenever there is a vacancy in the office of Speaker, the National Assembly must without delay elect a person to fill the vacancy.
A person is qualified for election as Speaker if he or she is or has been a Member of the National Assembly or is qualified to be elected to the National Assembly.
Elections to the office of Speaker must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission, by secret ballot in accordance with Standing Orders, and the results must be announced forthwith.
Before commencing his or her duties, the Speaker must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule.
A Member of the National Assembly who is elected as Speaker ceases to be a Member of the National Assembly, and the vacant seat must be filled in accordance with the Electoral Law.
The Speaker may resign by announcing his or her resignation in person to the National Assembly or, if the National Assembly is not sitting, by giving written notice to the Clerk of Parliament.
The Speaker must vacate his or her office–
1. on the day on which the National Assembly first meets after a general election;
2. upon accepting any other public office or upon entering employment with any other person;
3. upon becoming a Member of Parliament or the President of the Senate;
4. upon becoming a Vice-President, Minister or Deputy Minister;
5. if circumstances arise that would oblige him or her to vacate his or her seat, if he or she were a Member of the National Assembly; or
6. if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the National Assembly.

127. Deputy Speaker of National Assembly

As soon as practicable after electing a Speaker following a general election, the National Assembly must elect one of its Members to be the Deputy Speaker.
Whenever there is a vacancy in the office of Deputy Speaker, the National Assembly must without delay elect a person to fill the vacancy.
Elections to the office of Deputy Speaker must be conducted by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission, by secret ballot in accordance with Standing Orders, and the results must be announced forthwith.
Before commencing his or her duties, the Deputy Speaker must take before the Chief Justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the Third Schedule.
The Deputy Speaker may resign by announcing his or her resignation in person to the National Assembly or, if the National Assembly is not sitting, by giving written notice to the Speaker or, in the absence of the Speaker, to the Clerk of Parliament.
The Deputy Speaker must vacate his or her office–
1. upon ceasing to be a Member of the National Assembly;
2. upon becoming the President of the Senate;
3. upon becoming a Vice-President, Minister or Deputy Minister; or
4. if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the National Assembly.

PART 5. TENURE OF MEMBERS OF PARLIAMENT

128. Oath of Member of Parliament

Before a Member of Parliament takes his or her seat in Parliament, the Member must take the oath of a Member of Parliament in the form set out in the Third Schedule.
The oath referred to in subsection (1) must be taken before the Clerk of Parliament.

129. Tenure of seat of Member of Parliament

The seat of a Member of Parliament becomes vacant
1. on the dissolution of Parliament;
2. upon the Member resigning his or her seat by written notice to the President of the Senate or to the Speaker, as the case may be;
3. upon the Member becoming President or a Vice-President;
4. upon the Member becoming President of the Senate or Speaker or a member of the other House;
5. if the Member ceases to be qualified for registration as a voter;
6. if, without leave from the Speaker or the President of the Senate, as the case may be, the Member is absent from the House of which he or she is a member for twenty-one consecutive days on which the House sits, and the House concerned resolves by a vote of at least one-half of its total membership that the seat should become vacant;
7. if the Member accepts public office or office as a member of a statutory body, government-controlled entity, provincial or metropolitan council or local authority or employment as an employee of a statutory body, provincial or metropolitan council or local authority;
8. if the Member was a public officer or a member or employee of a statutory body, a government-controlled entity, a provincial or metropolitan council or a local authority on the date he or she was declared as a Member of Parliament, and he or she fails to relinquish that office, membership or employment within thirty days after that date;
9. if the Member is convicted
  1. in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element; or
  2. outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element;
  and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment, unless on appeal the Member’s conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted;
10. if the Member has been declared insolvent under a law in force in Zimbabwe and has not been rehabilitated or discharged, or if the Member has made an assignment under such a law with his or her creditors which has not been rescinded or set aside;
11. if the Member has ceased to belong to the political party of which he or she was a member when elected to Parliament and the political party concerned, by written notice to the Speaker or the President of the Senate, as the case may be, has declared that the Member has ceased to belong to it;
12. if the Member, not having been a member of a political party when he or she was elected to Parliament, becomes a member of a political party;
13. if the Member is certified to be mentally disordered or intellectually handicapped under any law in force in Zimbabwe; or
14. if the Member has been convicted of an offence under the Electoral Law and has been declared by the High Court to be disqualified for registration as a voter or from voting at any election.
A Member referred to in subsection (1)(i) who has noted an appeal against his or her conviction may continue, until the final determination of the appeal, to exercise his or her functions as a Member and to receive remuneration as a Member, unless a court has ordered that he or she should be detained in prison pending the outcome of the appeal.
A Member of Parliament who becomes a chairperson of a provincial council vacates the seat which he or she held before assuming office as chairperson.

PART 6. LEGISLATIVE AND OTHER POWERS

130. Powers and functions of Senate and National Assembly

Except as provided in the Fifth Schedule, in the exercise of their legislative authority both the Senate and the National Assembly have power to initiate, prepare, consider or reject any legislation.
In addition to their functions under this Constitution, the Senate and the National Assembly may exercise any further functions conferred or imposed on them under any law.

131. Acts of Parliament and procedure for their enactment

Parliament’s legislative authority is exercised through the enactment of Acts of Parliament.
An Act of Parliament is a Bill which has been–
1. presented in and passed by both Houses of Parliament; and
2. assented to and signed by the President;
in accordance with this Constitution.
The words of enactment in Acts of Parliament are “Enacted by the Parliament and the President of Zimbabwe”, or words to that effect.
The procedure to be followed by the National Assembly and the Senate with regard to Bills is set out in the Fifth Schedule.
After a Bill has been passed by both Houses in accordance with the Fifth Schedule, the President of the Senate or the Speaker, as the case may be, must without delay-
1. cause it to be presented to the President for assent and signature, together with any certificate which is required by this Constitution to accompany the Bill; and
2. give public notice of the date on which the Bill was sent to the President.
When a Bill is presented to the President for assent and signature, he or she must, within twenty-one days, either–
1. assent to it and sign it, and then cause it to be published in Gazette without delay; or
2. if he or she considers it to be unconstitutional or has any other reservations about it, refer the Bill back to Parliament through the Clerk of Parliament, together with detailed written reasons for those reservations and a request that the Bill be reconsidered.
Where a Bill has been referred back to Parliament in terms of subsection (6)(b), the Speaker must without delay convene a sitting of the National Assembly, which must–
1. reconsider the Bill and fully accommodate the President’s reservations; or
2. pass the Bill, with or without amendments, by a two-thirds majority of the total membership of the National Assembly;
and in either case the Speaker must cause the Bill to be presented to the President without delay for assent and signature and must give public notice of the date on which the Bill was sent to the President.
If a Bill that has been presented to the President in terms of subsection (7) fully accommodates the President’s reservations, the President must assent to the Bill and sign it within twenty-one days and then cause it to be published in the Gazette without delay, but if the President still has reservations about the Bill, he or she must within that period either–
1. assent to the Bill and sign it, despite those reservations; or
2. refer the Bill to the Constitutional Court for advice on its constitutionality.
If on a reference under subsection (8) the Constitutional Court advises that the Bill is constitutional, the President must assent to it and sign it immediately and cause it to be published in the Gazette without delay.
If a Bill is presented to the President for assent and signature and it is not accompanied by a certificate which is required by any provision of this Constitution, the President must not assent to the Bill or sign it until the certificate is produced but must cause the Clerk of Parliament to be notified, immediately and in writing, that the certificate was not sent with the Bill.

132. Commencement of Acts of Parliament

An Act of Parliament comes into operation at the beginning of the day on which it is published in the Gazette, or at the beginning of any other day that may be specified in the Act or some other enactment.

133. Enrolment of Acts of Parliament

When the President has assented to and signed an Act of Parliament, the Clerk of Parliament must transmit a fair copy of it, authenticated by the President’s signature and the public seal of Zimbabwe, to be enrolled in the office of the Registrar of the High Court, and that copy is conclusive evidence of the provisions of the Act unless the Act is revised under an Act of Parliament referred to in subsection (2).
An Act of Parliament may provide for the statute law, or any part of it, to be published in revised form and may further provide that
1. upon being published, the revision is the sole authentic version of the statutes contained in it;
2. a copy of the revision must be deposited in the office of the Registrar of the High Court; and
3. the copy that is deposited in the office of the Registrar of the High Court is conclusive evidence of the provisions of the statutes contained in it.
The validity of an Act of Parliament or a revision of the statute law does not depend on its enrolment or deposit under this section.

134. Subsidiary legislation

Parliament may, in an Act of Parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that Act, but–

Parliament’s primary law-making power must not be delegated;
statutory instruments must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights;
statutory instruments must be consistent with the Act of Parliament under which they are made;
the Act must specify the limits of the power, the nature and scope of the statutory instrument that may be made, and the principles and standards applicable to the statutory instrument;
statutory instruments do not have the force of law unless they have been published in the Gazette; and
statutory instruments must be laid before the National Assembly in accordance with its Standing Orders and submitted to the Parliamentary Legal Committee for scrutiny.

PART 7. PROCEDURE IN PARLIAMENT

135. Head of Parliament

The Speaker is the head of Parliament but must exercise his or her functions as such subject to Standing Orders.
Subject to Standing Orders, the President of the Senate is the deputy head of Parliament and acts as head whenever the Speaker is for any reason unable to do so.

136. Persons presiding in Parliament

The person presiding at any sitting of the Senate must be–
1. the President of the Senate or, in his or her absence, the Deputy President of the Senate; or
2. in the absence of the President and Deputy President of the Senate, a Senator elected for the purpose by the Senate, but that Senator must not be a Minister or Deputy Minister.
The person presiding at any sitting of the National Assembly must be–
1. the Speaker or, in his or her absence, the Deputy Speaker; or
2. in the absence of the Speaker and Deputy Speaker, a Member of the National Assembly elected for the purpose by the National Assembly, but that Member must not be a Minister or Deputy Minister.
The Speaker, or in his or her absence the President of the Senate, must preside at any joint sitting of the National Assembly and the Senate.

137. Quorum in Parliament

The Senate and the National Assembly must prescribe in Standing Orders the minimum number of Members who must be present for the conduct of business.

138. Voting and right of audience in Parliament

Except where this Constitution provides otherwise–
1. all questions proposed for decision in either House of Parliament are decided by a majority of the votes of the Members of that House present and voting;
2. the person presiding in either House of Parliament does not have either a deliberative or a casting vote on any issue before the House;
3. if the votes in either House of Parliament are equally divided on any motion, the motion is lost.
Vice-Presidents are entitled to sit and speak, but not vote, in both Houses of Parliament.
Ministers and Deputy Ministers are entitled to sit and speak in both Houses of Parliament but have no right to vote in a House of which they are not Members.
Members of the Parliamentary Legal Committee and any other joint committee of Parliament are entitled to sit and speak in either House of Parliament for the purpose of introducing or debating any report of that committee which is before the House, but have no right to vote in a House of which they are not Members.
Where a Member of Parliament, other than a Minister or Deputy Minister, has introduced a Bill in the House of which he or she is a Member, and the House has passed the Bill, that Member or, in his or her absence, any other Member of that House is entitled to sit and speak in the other House for the purpose of conducting the Bill through that other House, but has no right to vote in that other House.

139. Standing Orders

The proceedings of the Senate and the National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders.
Standing Orders may provide for–
1. the passing of Bills;
2. the appointment and functions of committees and the delegation of functions to them;
3. the way in which the powers, privileges and immunities of the Houses may be exercised and upheld;
4. the questioning of Ministers and Deputy Ministers by Members of Parliament;
5. a code of conduct for Members of Parliament;
6. the exercise of the right of the public to petition Parliament; and
7. generally, the regulation and orderly conduct of business and proceedings in and between the Houses.
The procedures and processes of Parliament and its committees, as provided for in Standing Orders, must promote transparency, must encourage the involvement of members of all political parties in Parliament and the public, and must be fair and just.
Any committee established by or under Standing Orders must reflect, as closely as possible, the political and gender composition of Parliament or of the House to which the Standing Orders apply.

140. Presidential addresses and messages to Parliament

The President may at any time address either House of Parliament or a joint sitting of both Houses.
The President may send messages to either House of Parliament, and any such message must be read by a Vice-President or Minister or by the person presiding over the House concerned.
The President may attend Parliament to answer questions on any issue as may be provided in Standing Orders.
At least once a year the President must address a joint sitting of both Houses of Parliament on the state of the nation, and the Speaker and the President of the Senate must make the necessary arrangements for Parliament to receive such an address.

141. Public access to and involvement in Parliament

Parliament must–

facilitate public involvement in its legislative and other processes and in the processes of its committees;
ensure that interested parties are consulted about Bills being considered by Parliament, unless such consultation is inappropriate or impracticable; and
conduct its business in a transparent manner and hold its sittings, and those of its committees, in public, though measures may be taken–
1. to preserve order in parliamentary proceedings;
2. to regulate public access, including access of the media, to Parliament and its committees;
3. to exclude the public, including the media, from sittings of committees; and
4. to provide for the searching of persons and, where appropriate, the refusal of entry to Parliament or the removal of any person from Parliament;
but those measures must be fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.

142. Validity of proceedings in Parliament

A vacancy in the membership of the Senate or the National Assembly, or the suspension of a Member of Parliament, does not prevent the Senate or the National Assembly from transacting its business.
The fact that a person who was not entitled to do so sat and voted in the Senate or the National Assembly or otherwise took part in the proceedings of the Senate or the National Assembly does not invalidate the proceedings.

PART 8. DURATION, DISSOLUTION AND SITTINGS OF PARLIAMENT

143. Duration and dissolution of Parliament

Parliament is elected for a five-year term which runs from the date on which the President-elect is sworn in and assumes office in terms of section 94(1)(a), and Parliament stands dissolved at midnight on the day before the first polling day in the next general election called in terms of section 144.
The President must by proclamation dissolve Parliament if the Senate and the National Assembly, sitting separately, by the votes of at least two-thirds of the total membership of each House, have passed resolutions to dissolve.
The President may by proclamation dissolve Parliament if the National Assembly has unreasonably refused to pass an Appropriation Bill referred to in section 305.
A decision to dissolve Parliament in terms of subsection (3) may, on the application of any Member of Parliament, be set aside on review by the Constitutional Court.
An application for the review of a decision to dissolve Parliament must be filed with the Constitutional Court within seven days after the decision was published, and–
1. the Constitutional Court must determine the application within fourteen days after it was filed; and
2. pending the Constitutional Court’s determination of the application, the decision to dissolve Parliament is suspended.

144. General election resulting from dissolution of Parliament

Where Parliament has not earlier passed resolutions to dissolve in terms of section 143(2), the President must by proclamation call and set dates for a general election to be held within the period prescribed in section 158.
Where–
1. Parliament has passed resolutions to dissolve in terms of section 143(2);
2. the President has dissolved Parliament in terms of section 143(3);
3. the President has dissolved Parliament following a vote of no confidence in terms of section 109(4); or
4. Parliament stands dissolved following a vote of no confidence in terms of section 109(5);
the President must by proclamation call and set dates for a general election to be held not more than ninety days after Parliament passed the resolutions or the President dissolved Parliament or Parliament stood dissolved, as the case may be.
The dates for a general election called in terms of subsection (1) or (2) must be fixed by the President after consultation with the Zimbabwe Electoral Commission.

145. First sitting of Parliament following general election

The first sitting of Parliament after a general election must take place at a time and date determined by the President, but the date must not be later than thirty days after the President-elect assumes office in terms of section 94.
Until the election of a President of the Senate or a Speaker, as the case may be, the first meeting of a House of Parliament must be presided over by the Clerk of Parliament.

146. Sittings and recess periods

Each House of Parliament determines the time and duration of its sittings, other than its first sitting, and its periods of recess, but–

the President may summon Parliament at any time to conduct special business;
no more than one hundred and eighty days may elapse between the sittings of a House.

147. Lapsing of Bills, motions, petitions and other business on dissolution of Parliament

On the dissolution of Parliament, all proceedings pending at the time are terminated, and every Bill, motion, petition and other business lapses.

PART 9. GENERAL MATTERS RELATING TO PARLIAMENT

148. Privileges and immunities of Parliament

The President of the Senate, the Speaker and Members of Parliament have freedom of speech in Parliament and in all parliamentary committees and, while they must obey the rules and orders of the House concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to Parliament or any of its committees.
An Act of Parliament may–
1. provide for other privileges, immunities and powers of Parliament and its Members and officers;
2. define conduct which constitutes contempt of Parliament, whether committed by Members of Parliament or other people; and
3. provide for a right of reply, through the Speaker or the President of the Senate, as the case may be, for persons who are unjustly injured by what is said about them in Parliament;
but no such Act may permit Parliament or its Members or officers to impose any punishment in the nature of a criminal penalty, other than a fine, for breach of privilege or contempt of Parliament.

149. Right to petition Parliament

Every citizen and permanent resident of Zimbabwe has a right to petition Parliament to consider any matter within its authority, including the enactment, amendment or repeal of legislation.
The manner in which petitions are to be presented to Parliament, and the action that Parliament is to take on presentation of a petition, must be prescribed in Standing Orders.

150. Venue of Parliament

Parliament may sit at places other than the ordinary seat of Parliament, but only on grounds of public interest, security or convenience.

151. Committee on Standing Rules and Orders

Parliament must appoint a committee to be known as the Committee on Standing Rules and Orders for the purpose of–
1. supervising the administration of Parliament;
2. formulating Standing Orders;
3. considering and deciding all matters concerning Parliament; and
4. exercising any other functions that may be conferred or imposed on the committee by this Constitution or by Standing Orders or any other law.
The Committee on Standing Rules and Orders must consist of the Speaker and the President of the Senate and the following Members of Parliament–
1. the Deputy Speaker;
2. the Deputy President of the Senate;
3. the Minister responsible for finance and two other Ministers appointed by the President;
4. the Leader of Government Business in each House;
5. the Leader of the Opposition in each House;
6. the chief whips of all the political parties represented in each House;
7. the President of the National Council of Chiefs;
8. two Members who are not Ministers or Deputy Ministers, one being a Senator appointed to the committee by the President of the Senate and one being a Member of the National Assembly appointed by the Speaker; and
9. eight Members who are not Ministers or Deputy Ministers, four being elected to the committee by the Senate and four being elected by the National Assembly.
Members must be appointed or elected to the Committee on Standing Rules and Orders as soon as possible after the beginning of the first session of each Parliament, and they must be selected so that the committee reflects as nearly as possible the political and gender composition of the combined Houses of Parliament.
The Committee on Standing Rules and Orders is appointed for the life of each Parliament.
The Committee on Standing Rules and Orders is chaired by the Speaker or, in his or her absence, by the President of the Senate.
The procedure to be followed by the Committee on Standing Rules and Orders must be prescribed in Standing Orders.
Whenever a vacancy occurs in the Committee on Standing Rules and Orders a Member must be elected or appointed, as the case may be, as soon as possible to fill the vacancy.

152. Parliamentary Legal Committee

As soon as practicable after the beginning of each session of Parliament, the Committee on Standing Rules and Orders must appoint a committee to be known as the Parliamentary Legal Committee, consisting of at least three Members of Parliament who are not Ministers or Deputy Ministers.
A majority of the members of the Parliamentary Legal Committee must be qualified to practise in Zimbabwe as legal practitioners unless there are insufficient such persons eligible to be appointed to the Committee.
The Parliamentary Legal Committee must examine–
1. every Bill, other than a Constitutional Bill, before it receives its final vote in the Senate or the National Assembly;
2. any Bill which has been amended after being examined by the Committee, before the Bill receives its final vote in the Senate or the National Assembly;
3. every statutory instrument published in the Gazette;
4. every draft Bill which has been referred to the Committee by a Vice-President or a Minister; and
5. every draft statutory instrument which has been referred to the Committee by the authority empowered to make the instrument;
and must report to Parliament or to the Vice-President, Minister or authority, as the case may be, whether it considers any provision in the Bill, statutory instrument or draft contravenes or, if enacted, would contravene any provision of this Constitution.
After examining any statutory instrument or draft statutory instrument the Parliamentary Legal Committee must report to Parliament or to the Vice-President, Minister or authority concerned whether it considers any provision in the instrument is or, if enacted, would be ultra vires the enabling Act of Parliament.
An Act of Parliament or Standing Orders may confer further functions on the Parliamentary Legal Committee.

153. Remuneration of President of Senate, Speaker and Members of Parliament

The remuneration of the Speaker and the President of the Senate–
1. must be prescribed in an Act of Parliament and is a charge on the Consolidated Revenue Fund;
2. must not be reduced while they hold office; and
3. must continue to be paid to them after a dissolution until they cease to hold office.
The remuneration paid to Members of Parliament must be prescribed under an Act of Parliament.

154. Clerk of Parliament and other staff

The Committee on Standing Rules and Orders, with the approval of the National Assembly, must appoint an officer to be known as the Clerk of Parliament to be responsible, subject to Standing Orders and to the control and supervision of the Speaker, for the day-to-day administration of Parliament.
The Clerk of Parliament is appointed for a six-year term, and may be re-appointed for one further such term.
The Clerk of Parliament must vacate his or her office–
1. if, on the recommendation of the Committee on Standing Rules and Orders, more than half of all the Members of the National Assembly resolve that the Clerk should be removed;
2. if the Clerk would be required to vacate his or her seat were he or she a Member of Parliament; or
3. in any event, after holding office as Clerk for twelve years.
The Committee on Standing Rules and Orders must appoint such other staff of Parliament as it considers necessary.
The Clerk of Parliament and the other staff of Parliament.
1. are appointed on terms of service approved from time to time by the Committee on Standing Rules and Orders; and
2. are public officers but do not form part of the Civil Service.