A SIZEABLE number of Zanu PF legislators, mostly those in business, have openly expressed their displeasure over the proposed Labour Amendment Bill especially clauses that will result in retrospective application of the law, arguing that the provision would squeeze most companies out of business.
by VENERANDA LANGA
David Chapfika (Mutoko South MP) and John Holder (Zvishavane Ngezi MP) were among Zanu PF legislators who raised concern over the contentious clause.
Chapfika said he was concerned over the National Assembly’s move to override the adverse report presented by the Parliamentary Legal Committee (PLC), which pointed out that retrospective application of the law violated the Constitution.
“These experts (PLC) comprise of a fully constituted committee of Parliament chosen on the basis of their ability, knowledge and experience in the legal fraternity, and I was actually surprised that for the first time in history Nelson Chamisa (Kuwadzana East MP, MDC-T) has found it fit to support the ruling Zanu PF government, and he spoke eloquently in support; but I just wonder whether Chamisa would be very happy or would decry the collapse of industry,” Chapfika said, after Chamisa had said Parliament had powers to pass a Bill that demanded retrospective application of the law.
“Do we know what weeks in respect of retrospective payment translates to? Definitely if there are more than four or 10 employees, some companies would collapse in the current environment. I do not think that anyone is against protecting the worker, but the constitutionality of the issue must also be observed.”
Chapfika said he was of the strong view that the institution of Parliament must be respected to avoid constitutional conflict. “Coming back to the adverse report, I am of the strong view that we must respect the institution of Parliament, and I think in principle, we are all agreed on this Bill, but what we need to do is to ensure that the Bill sticks to the original objectives of a win-win situation. I would urge the committee to sit with the Minister of Public Service, Labour and Social Welfare Prisca Mupfumira to consider issues of variance and to clarify areas of disagreement or constitutional conflict with the minister,” he said.
Holder also queried how Parliament had agreed to the principle of retrospective application of the law when the PLC had said it was unconstitutional.
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“To apply amendments retrospectively will be unconstitutional as it is against the principle of legality,” Holder argued.
MDC legislator Priscilla Misihairabwi-Mushonga also said she had a problem with Parliament choosing to override the decisions of the PLC saying it was very dangerous as it would result in a lot of legal battles in the future with employers flooding the Constitutional Court with cases challenging the legality of applying the law in retrospect.
“If we allow this to happen, we will be lying to workers,” Misihairabwi-Mushonga warned.
Meanwhile, Employers’ Confederation of Zimbabwe president Jack Murehwa has also expressed similar fears and appealed to legislators to strike out the clause as it was likely to lead to massive company closures.
