Statutory Instruments under scrutiny

PHILLIMON MHLANGA IN VICTORIA FALLS

 

The massive escalation and frequency of the promulgation of Statutory Instruments (SIs), which are delegated laws, has angered the business community saying such a move undermines the role of Parliament.

This emerged at the meeting, which is currently taking place in the tourist destination of Victoria Falls.

Captains of industry told the Zimbabwe National Chamber of Commerce (ZNCC) Congress underway in Victoria Falls that delegated legislation has become a popular means of governance in Zimbabwe, which was bad for industry.

They said the move by the government to churn out so many SIs undermined the role of the legislature.

Instead SIs are enacted by executive authorities under legislative powers delegated to them by the legislature. It allows government authorities to issue legally enforceable regulations without having to go through the usual process that ordinarily Acts of Parliament would have to undergo.

ZNCC chief executive officer Chris Mugaga (pictured) said more than 250 SIs were promulgated from last year to date.

He said by relying on SI, the government is preventing Parliament from meaningfully contributing to the legislative framework.

The danger with SIs is that there is no Parliament scrutiny, which is critical when making laws as there is debate in the process, unlike in the promulgation of SIs.

“What we are seeing is a massive increase of delegated legislation, that is the promulgation of Statutory Instruments. When we continue relying on SIs, we are creating serious problems in the economy. This results in a weaker Parliament, whose role is to make laws,” Mugaga said.

He said delegated legislation is not the best way in the economy.

“So, for business to move forward, we can’t rely on SIs. Once you jump the whole policy making framework, this undermines Parliament.”

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