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The structure, functions of a bicameral Parliament
Continued from last week 4.2 The house of assembly Sections 38-39 of the Constitution provide for the composition of the House of Assembly as well as for the election and tenure of office of the Speaker and Deputy Speaker.
4.2.1 Composition
The House of Assembly is composed of a total of 150 members made up as follows:
n 120 members elected by voters in the 120 constituencies
n 10 Provincial Governors
n 8 Chiefs representing each of the provinces except the metropolitan provinces
n 12 Presidential appointees
The Attorney General is also an ex officio member of the House of Assembly but has no voting rights in that House.
In the case of the House of Assembly, the minimum age of members is 21.
n Presiding Officers
The Speaker and the Deputy Speaker who are elected in terms section 39 of the Constitution preside over the House of Assembly. Members of the press and of the public need to take note of the change in the nomenclature relating to the office of the Speaker.
In the unicameral Parliament, the Speaker presided over the one house, which was called Parliament and was therefore referred to as the Speaker of Parliament. In the bicameral Parliament however, the Speaker presides over only one of the two Houses of Parliament, viz, the House of Assembly and is therefore referred to as the Speaker of the House of Assembly. One can therefore no longer talk of the Speaker of Parliament, as this position no longer exists.
n Powers of the House of Assembly
In terms of Section 57 of the Constitution, the House of Assembly has the power to make its own internal rules known as Standing Orders, jointly or severally with the Senate. It enjoys the power to discipline its own members for contempt of Parliament as provided for in the Privileges, Immunities and Powers of Parliament Act (CAP 2:08). In terms of Section 43 of the Constitution, the House of Assembly is empowered to expel or suspend its own members who have been convicted of criminal offences. The House of Assembly also has the power to decide its own sitting days, which do not have to coincide with those of the Senate.
n How will the two houses relate to each other
The public will be interested to know how the two Houses are going to relate to each other and how any differences and disagreements between them are to be resolved. Below is a list of the various mechanisms provided for in the Constitution and in the Standing Orders, on how the two Houses interact and conduct business.
n The Legislative Process
The passage of legislation requires the participation of both Houses. Thus, in terms of paragraph 1 of Schedule 4 to the Constitution, any Bill, except a money Bill, can originate in either House and, subject to the Constitution, each House is free to make any amendments to any Bill that comes before it. Money Bills can only originate in the House of Assembly.
5.2 The Parliament Legal Committee
The Parliament Legal Committee is a constitutional watchdog committee provided for by section 40B of the Constitution. Its task is to examine every Bill other than a Constitutional Bill and report to Parliament whether the Bill contains any provisions, which, if enacted, would violate the Bill of Rights, or any provision of the Constitution. The committee also examines every amendment to a Bill that has been proposed by either House. It also examines all the statutory instruments published in the Government Gazette.
The Parliamentary Legal Committee is made up of members from both Houses. The committee is appointed by the Standing Rules and Orders committee in terms of Section 40A of the Constitution. It shall consist of members of the Cabinet, Ministers or provincial governors, not being less than three in number. It is also a requirement of the Constitution that the majority of the members of the committee should be legally qualified.
The reports of the committee are submitted to and considered by the House from which the Bill or the amendment under consideration originated.
5.3 Joint Committee System
Portfolio Committees are an important vehicle through which Parliament more effectively. They can be made up of members from one or both Houses. Their reports are tabled before and debated in both Houses.
5.4 Right of Ministers to sit in either Houses
Government Ministers are empowered, by paragraph 1 of Schedule 4 to the Constitution to sit in either Houses of Parliament primarily to answer questions and to issue ministerial statements but they may not vote in the Houses in which they are not members.
5.5 Addressed by the Head of State to a Joint Sitting of parliament
The Head of state is required to address Parliament on certain occasions such as the opening of Sessions of Parliament and to deliver the State of the Nation Address. He may also decide to address Parliament on any other occasion as he sees fit. On such occasions, the Head of State need not address each of the Houses separately, but may deliver his address to a sitting of both Houses.
5.6 Transmission of messages
The internal rules (Standing Orders) of both Houses provide for a procedure by which the two Houses can formally communicate with each other through written messages.
5.7 Resolution of Disagreements between the Two Houses
It is envisaged that in certain circumstances, the two Houses may not agree with each other regarding the amendments proposed to a Bill. The Constitution provides in paragraph 3 of schedule 4 that if such a disagreement has not been resolved by the two Houses within 90 days, the Bill may be presented to the President for assent in the form in which it was passed in the Houses of Assembly, except for minor changes required by the passage of time, with such amendments if any, as the Senate and the House of Assembly may have agreed on.
6. The administration of parliament
6.1 The Standing Rules and Orders Committee
The administration of Parliament is the responsibility of the Standing Rules and Orders Committee, which is appointed in terms of section 57 of the Constitution. Details relating to the composition, mandate and functions of this committee are set out in Standing Order No. 14. The mandate of the committee is described in general terms as that of considering and deciding on all matters concerning Parliament as the committee shall deem fit.
6.1.1. Functions of the Standing Rules and Orders Committee
Although the mandate of the Standing Rules and Orders Committee is described in these general terms, its functions have developed through practice and convention into the following very specific tasks:
n Formulation of policies for the administration of Parliament
n Appointment of all committees of Parliament
n Approval of the budget for Parliament
n Appointment of officers of Parliament and determination of their conditions of service
6.1.2. Composition of the Standing Rules and Orders Committee
The standing Rules and Orders Committee is composed of the Speaker of the House of Assembly, the President of the Senate, the Deputy Speaker, the Deputy President of the Senate, members appointed by the Speaker and the President of the Senate from their respective Houses and members elected by each of the Houses. The Speaker and the President of the Senate are ex officio Chairperson and vice Chairperson of the committee, respectively.
6.2 The Administrative Structure of Parliament
The Clerk of Parliament is the head of the administration of Parliament and consequently its accounting officer. The Clerk of Parliament and officers of Parliament are appointed in terms of section 48 of the Constitution by the Standing Rules and Orders Committee.
The clerk of Parliament reports to both the Speaker and the President of the Senate. His duties fall under two broad categories, namely, procedural and administrative duties.
Under the procedural aspect of his duties, the Clerk acts as the Chief advisor to Parliament on matters relating to the procedures of the Houses. Thus he is the chief Clerk-at-the-table.
He attends most of the sittings of both Houses, particularly on the important occasions of the delivery of addresses by the Head of State and other special occasions. It is the responsibility of the Clerk of Parliament to swear in members of Parliament and to preside over the elections of the Presiding Offices of the Senate and the House of Assembly after general elections. In these duties the Clerk is assisted by other senior procedural clerks who include the deputy and assistant clerks.
Under the administrative aspect of his duties, the Clerk is the accounting officer of the institution, responsible for the management of all the human, material and financial resources of Parliament. In executing his managerial duties the Clerk is assisted by Principal Directors responsible for Human Resources and Administration; Finance; External Relations; Information and Legal Services.
n Austin Zvoma is the Clerk of Parliament of Zimbabwe
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