Dzivaresekwa MP Edwin Mushoriwa has accused the Finance, Economic Development and Investment Promotionsecretary, George Guvamatanga, of acting unconstitutionally by issuing a circular that effectively suspended a law passed by Parliament.
During the 2026 National Budget process, Parliament amended the definition of a mineral. However, a directive from the Finance Ministry has now postponed the implementation of that amendment, raising serious constitutional concerns.
In a letter to Mines and Mining Development secretary Pfungwa Kunaka dated January 14, 2026, Guvamatanga acknowledged concerns raised about the amendment. He said Treasury appreciated the impact assessment provided by the Ministry of Mines on potential operational and policy implications.
"For the record, Treasury wishes to advise that the amendment in question was not part of the proposed revenue measures contained in the 2026 National Budget Statement, nor did it constitute part of tax-related legislative proposals during drafting or debate of the Finance Bill,” Guvamatanga wrote.
He added that the provision was enacted as a legislative instrument to give effect to a parliamentary decision.
"The provision was sponsored by Honourable Members in the National Assembly during the Committee Stage of the Finance Bill, and Parliament, in the exercise of its constitutional authority, resolved to adopt the proposal," he said.
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"The Finance Act was accordingly utilised as the legislative instrument to give effect to that parliamentary decision, including the consequential amendment to the relevant provision of the Mines and Minerals Act."
Despite this, Guvamatanga said Treasury agreed to withdraw the legislative amendment, citing potential policy, regulatory, and fiscal distortions in the mining sector. He suggested that the amendment could be regularised through a corrective legislative process, either via a specific amendment to the Mines and Minerals Act or through a subsequent Finance Bill. The letter also advised that agencies and stakeholders be formally notified that enforcement of the amended definition of “mineral” had been postponed.
Mushoriwa, however, fired back, insisting that the amendment is already binding, having been approved by both Houses of Parliament and assented to by the President.
"This House lawfully amended the definition of a mineral during the Budget process. That amendment was accepted by the minister of Finance, passed by both Houses of Parliament, and assented to by the President. It is now binding law,” the lawmaker said.
Mushoriwa warned that the Finance secretary’s actions amounted to a constitutional violation.
"This is not an administrative matter. It is a constitutional violation. Under Section 134 of the Constitution, legislative authority vests exclusively in Parliament,” he said.
“A permanent secretary is an accounting officer, not a lawmaker, not a parallel regulator, and not superior to this House. Governing by circular in defiance of an Act of Parliament is unlawful, ultra vires, and amounts to contempt of Parliament.
"If allowed to stand, this conduct sets a dangerous precedent where unelected officials override the will of Parliament, reduce Acts of Parliament to suggestions, and erode the rule of law.”