Huge workload as Parliament resumes

Debra Matabvu

The GOVERNMENT is poised to fast-track amendments to the criminal code to raise the age of sexual consent to 18 and introduce stiffer penalties against perpetrators of sexual offences involving minors when Parliament resumes sitting for the current session on Tuesday.

Authorities will also prioritise the enactment of a law to operationalise provincial and metropolitan councils in line with Constitutional provisions for devolution and decentralisation.

In an interview with The Sunday Mail, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said: “Our priorities are to ensure that we get down to dealing with the Bills as outlined by His Excellency in his State of the Nation Address and legislative agenda last year.

“On top of the list of Bills to deal with is the Criminal Code Amendment Bill to deal with sexual offences involving minors.

“You will recall that we had to request His Excellency to use his Presidential powers to deal with a lacuna (gap) created after the courts had declared that the section of the code that criminalises having sexual intercourse with a young adult was unconstitutional.

“So, we need to ensure that the best interests of children are protected.”

President Mnangagwa recently used the Presidential Powers (Temporary Measures) Act to promulgate Statutory Instrument 2 of 2024, Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons)) Regulations, which made it an offence to initiate or have any sexual or indecent relations with anyone under the age of 18.

In May 2022, the Constitutional Court declared sections 70, 76, 83 and 86 of the criminal law code governing the age one can consent to sexual intercourse unconstitutional.

The Constitutional Court then suspended the declaration of invalidity for 12 months to allow authorities to correct the defect and amend the law.

The 12-month period expired last year with no law enacted to protect children from sexual exploitation.

The President then stepped in to plug the loophole through the statutory instrument.

Added Minister Ziyambi: “Secondly, we need to enact legislation to give effect to provincial councils.

“This has been outstanding for a long time and we need to fast-track the law so that our devolution agenda becomes fully operational.”

The Government, he said, will also move to enact an Omnibus Amendment Bill to repeal several obsolete laws on the country’s statutes.

Some of the laws include the Fredrick Clayton Trust Act; Service of Documents (Telegraph) Act; Settled Estates Leasing Act; and the War Marriages Validation                  Act.

“To deal with land issues and enhance productivity at farms, an Agrarian Laws Amendment Bill will also be introduced that will enhance the security of tenure and ensure farmers and financial institutions invest more in agriculture,” continued Minister Ziyambi.

“We also have the Mines and Minerals Bill that is long overdue, and this will be high on the agenda.

“The office of the Master of the High Court has been moved from the Judicial Service Commission and appropriate legislation will be enacted to give effect to it and improve efficiency in that office.

“This is in response also to the great work by the First Lady (Dr Auxillia Mnangagwa) in ensuring that inheritance issues are dealt with transparently.

“So, in a nutshell, this will be a busy session and we hope that Parliament will be able to discharge its duties diligently.”