ALSO NOTING that Section 148 (1) of the Constitution provides that 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;
COGNISANT, however, that this privilege is invalidated by Section 129 (1) (k) of the Constitution which gives political parties the unfettered power to recall a Member of Parliament whom, in executing his or her representative function, does not toe the party line;
DEEPLY CONCERNED that this provision entrenches the whipping system and limits Members of Parliament’s ability to debate freely, earnestly and without fear or favour on issues that affect the people of Zimbabwe where the matters appear to contradict the party line; and
NOW, THEREFORE, calls upon Parliament to: Urgently amend Section 129 (1) (k) of the Constitution of Zimbabwe so that it stays execution of any notice of expulsion of a Member until the Constitutional Court has certified that due process was followed.
HON. MUSHORIWA: I second.
HON. T. MLISWA: Madam Speaker, thank you very much and good afternoon to you.
THE HON. DEPUTY SPEAKER: Good afternoon Hon. Mliswa.
HON. T. MLISWA: Thank you. Madam Speaker. The motion that I am moving is to do with the recalling of the Members of Parliament. I am glad that it is happening at a time when most Members of Parliament now appreciate it. Madam Speaker, the Section 129 (1) (k) of the Constitution has become a weapon for political parties to push their personal agendas. Madam Speaker, I will relate a lot to the House of Commons which I think traditionally we have learnt and copied a lot from and then I will come back to the situation in this country. One of the key problems in Parliament of which little is understood but which hugely undermines its effectiveness is the whip’s stronghold over the scrutiny of Government Bills. At present, members of these Bill committees are chosen by Standing Rules and Orders Committee, a Committee of which is composed of whips from the main parties with a Chairperson; currently the Chairperson of the Legal Committee who at present is Hon. Samukange and has been chosen by the Executive.
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