Accountability Lab Zimbabwe hosted its inaugural online discussion with the Accountability Journalist Network (AJN) on WhatsApp yesterday to discuss the impact and influence of Statutory Instruments (SIs) on Parliament and the Constitution. Valentine Maponga, communications officer at Veritas Zimbabwe, led the conversation, focusing on the recent renaming of the Sovereign Wealth Fund of Zimbabwe (SWFZ) to the Mutapa Investment Fund (MIF). The government gazetted SI 2023-156 Presidential Powers (Temporary Measures) (Investment Laws Amendment) Regulations, 2023 (Mutapa Fund) on September 19, 2023.

“Statutory instruments (SIs) are a form of delegated (subsidiary) legislation that is made by government ministers under powers granted to them by an Act of Parliament,” says Maponga. He added: “They are created by the executive authority to give effect to laws and regulations passed by the legislature.”
Maponga highlighted that while the impact of SIs on Parliament and the Constitution is complex, it can be seen in their role in law-making, delegation of power, parliamentary sovereignty, and judicial review.

Although the impact of SIs on Parliament and the Constitution is complex and multifaceted, it can be seen in their role in law-making, delegation of power, parliamentary sovereignty, and judicial review.

Statutory instruments provide flexibility and efficiency in implementing laws and regulations, allowing for quick modifications and adaptations to changing circumstances. However, SIs can challenge constitutional principles that aim to protect the separation of powers and can sometimes be used to achieve political objectives rather than being driven by legal necessity.

However, this flexibility can also challenge maintaining the principles of the separation of powers and constitutionality or coherence with the Constitution. The SIs may bypass or nullify existing legislation passed by the legislature, potentially undermining the constitutional system of checks and balances. There are concerns that SIs can be used to achieve political objectives instead of legal necessity. Restrictions on protests and civic gatherings imposed through SIs in Zimbabwe have raised questions about violating constitutional rights.

To address these concerns, Parliament plays a crucial role in overseeing the use of SIs and ensuring their consistency with constitutional principles. The media also plays an essential role in advocating for subsidiary legislation.

“The media has to understand the issues around SIs before they can effectively advocate the importance of subsidiary legislation. Our biggest challenge in Zimbabwe is that we elect our MPs on a partisan basis. We need another year or two to have our newly elected MPs understand their roles and then move on to understand the difference between primary law and the SIs,” says Maponga.

Parliament must assert its authority as an independent institution representing the people’s interests. Doing so can ensure that the government remains accountable to the public and that SIs are scrutinized adequately before enacting new laws.

While SIs significantly impact the law-making process, their use raises important questions about accountability and transparency in the executive’s exercise of power. By upholding the principles of the Constitution and implementing measures to strengthen oversight, Parliament can effectively navigate the complexities surrounding SIs and safeguard the integrity of the legislative process.

The online discussion on AJN’s WhatsApp platform is the first of many aimed at promoting accountability and governance through dialogue.

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Bathabile Dlamini is the Media and Communication Officer at Accountability Lab Zimbabwe