Madhuku’s NCA Finds Mugabe’s Proposed Labour Laws Spot On

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THE NCA has come out in support of government’s proposed labour law amendment which comes after the controversial Supreme Court ruling which has triggered mass job losses country wide.

The party led by constitutional law expert Lovemore Madhuku said the amendments that are likely to be rushed through Parliament to stem the tide of dismissals that have hit both the private and public sector must be supported in their entirety.

“The NCA party wishes to support the proposal in the labour amendment bill that seeks to protect employees who have already been dismissed following the judgment of the Supreme Court. The bill is being retrospective,” said Madock Chivasa the party’s spokesperson.

Chivasa said the NCA was urging Zimbabweans to fight against capitalist interests whose voices have come out against retrospective application of the amendments.

“As NCA party we are very concerned about sentiments being expressed by some sections of industry and the lawyers who support them claiming that the bill cannot apply in retrospect. This nonsense must not be accepted by Zimbabweans,” he said.

At least 20 000 people have lost their jobs since July 17 when Justice Godfrey Chidyausiku delivered a Supreme Court judgment that activated a common law provision giving employers and employees the same rights regarding the termination of contracts.

Chidyausiku ordered that employers could just like workers terminate contracts after giving three months’ notice leaving the cumbersome and expensive retrenchment route.

The judgment was followed by massive dismissals but Mugabe’s government has since moved in to stop the rot, announcing that Parliament would be recalled this week to deal with the emotive issue.

In the proposed amendments, employers will need to pay-out contracts and fire workers on fair and reasonable grounds.

Chivasa said in line with the need for social justice and “protecting thousands of families who are being subjected to poverty, it is clear that law can apply in retrospect”.

“The National Constitutional Assembly  (NCA) party therefore calls upon Parliament to play its role responsibly by ensuring that the new law applies not only for the future but also remedial of the irresponsible behavior by the employers as witnessed in the past four weeks.

“We believe that if the law is applied for the future only it will be unconstitutional and unfair discrimination against those who were unfairly dismissed.

 

This is so because since 1980 there was no termination on notice until 17 July 2015 when the Supreme Court ruling was given,” the statement said.

“This means that if the law is applied for the future then the only employees who would have been dismissed on notice since independence would be those who lost their jobs in the past four weeks. There is no justifiable basis for this discrimination,” said Chivasa.

However the party called for an increase in the minimum retrenchment package being proposed to one month salary for every year rather than the two weeks in the proposal.

MDC-T Ignores United STates Officials Advice, And Boycotts Marondera Central By Election

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THE MDC-T has stuck to its decision to boycott elections despite criticism of the decision by US officials who warned that “if you are not a part of it (election process) at all, then it is as good as there is no opposition”.

Former Prime Minister Morgan Tsvangirai’s party did not field a candidate for the upcoming by-election for Marondera Central constituency set for 19 September.

Four candidates successfully filed nomination papers at Marondera Magistrate Court Monday.

Zanu PF’s Lawrence Katsiru, Wadzanai Mabika of the Lovemore Madhuku-led National Constitutional Assembly (NCA), Solomon Makaza of Transform Zimbabwe and Kingdom Nyika of the little known Freedom Front Party had their papers accepted by Mashonaland East Zimbabwe Electoral Commission provincial chief elections officer Collins Munetsi.

“Since more than one candidate has been duly nominated in the Marondera Central constituency, a poll shall take place on Saturday, 19th September 2015,” Munetsi told those gathered who included journalists, some of the candidates and their agents.

The opposition MDC snub paves the way for President Robert Mugabe’s Zanu PF party to win the by-elections given the results of the June 10 by-elections held in 14 constituencies in traditional MDC-T strongholds of Harare and Bulawayo all snapped up by the ruling party.

Katsiru said he was confident of winning the seat that fell vacant following the expulsion of former Zanu PF Mashonaland East provincial chair Ray Kaukonde on accusations he was part of a group led by ousted vice president Joice Mujuru that was plotting to depose Mugabe.

Meanwhile, it has also been learnt that former Masvingo provincial Affairs Minister Kudakwashe Bhasikiti did not file nomination papers for the Mwenezi East constituency from which he was recalled by Zanu PF.

Bhasikiti was accused of the same offence as Kaukonde but has been fighting to have his case heard in the country’s courts.

His fight has however, been in vain following a Constitutional Court decision last week in which he was ordered to “form your own party” by Chief Justice Godfrey Chidyausiku.

A US congressman, Gregory Simpkins, a director in the Subcommittee on Africa, Global Health, Global Human Rights and International Organisations, recently criticised Tsvangirai and his MDC-T party’s “no reforms, no elections”  policy.

“We have heard that political parties here argue that it is tough to compete in elections. But we are saying they have to find a way of being effective rather than just saying it is too tough to compete.

“How can you criticize a process that you are not part of, one cannot criticize a process that they have not even taken time to test,” said Simpkins.

He added: “When you test the process, you can say we tried to register our candidates or observers were turned away; you can point to examples.

“If you are not a part of it at all then it is as good as there is no opposition.”

Simpkins was in the country as part of Washington’s efforts to normalise relations with Harare following a decade and half of diplomatic fighting over allegations of human rights abuses levelled against President Robert Mugabe’s government. source-newzimbabwe

‘MPs ignorant of their roles & constituency needs’-Professor Lovemore Madhuku

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MPs have a minimal understanding of their roles and the needs of their constituents, a problem which contributes towards lack of development in the country, a leading academic and politician has said.

University of Zimbabwe law lecturer, Professor Lovemore Madhuku, said this during a breakfast meeting Wednesday organised by Zimbabwe Lawyers for Human Rights in Harare.

Addressing parliamentarians, Madhuku said, “Most of the MPs think they represent their parties and forget they are voted for by the public, some of whom might not even have a party.”

Madhuku emphasised the need for legislators to adopt a non-partisan approach in their day-to-day activities. He said MPs could only succeed by developing a proper mindset which allows them to fully understand their roles.

He urged the legislators to work hard and produce reports making useful information available to members of the public.

“Information on thematic committees should be widely available to the people you represent,” Madhuku told the MPs.

“Ministers should be answerable to what they do or say.

“Access to media is very important to parliamentarians as this will force the executive to work even harder once they are exposed by the media.

“Change the entire fabric of society by making politics public and knowing the role of a public broadcaster.”

The NCA party leader said the MPs should be knowledgeable on human rights issues.

He gave the example of the recent demonstrations by inmates at Chikurubi Maximum Prison, saying the prisoners’ rights were taken away leaving them with no one to represent them.

Also raised at the same meeting was the issue of MPs who shun their constituencies only to re-appear during election period. source-newzimbabwe

photo-Lovemore Madhuku-financialgazette.

 

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