Cabinet’s proposal to make the payment of radio licences for motorists mandatory is unlawful, a legislator for Emakhandeni-Luveve, Discent Bajila has said, explaining that Cabinet principles do not become law until they are presented as a Bill for public hearings as a Bill, where the views of all citizens must be taken into account.
This follows the government’s announcement on Tuesday that it would compel motorists to buy radio licences before renewing their vehicle licences in a bid to raise over US$73 million annually for the Zimbabwe Broadcasting Corporation (ZBC).
The Government developed principles of a bill to amend laws around the acquisition of vehicle licences, whose principles of the amendment recommend that a radio licence be a prerequisite to acquiring a vehicle licence.
However, Bajila told CITE that the Cabinet proposal to make radio licences a prerequisite for every other licence is “parasitic and symptomatic of a government that is continuously on the lookout for opportunities to fleece its citizens of hard-earned cash.”
The legislator said the move must be resisted with “maximum effort from all and sundry.”
Bajila explained that a Cabinet press statement is not law and should not be used to bind citizens.
“Anyone enforcing a Cabinet Press Statement, whose contents are neither a Statutory Instrument nor an Act of Parliament is acting unlawfully. Law-abiding citizens must not be complicit to such,” he said.
“Specifically, these cabinet principles are not law until they have been taken for public hearings as a Bill wherein the views of every citizen must be taken on board. Thereafter, Parliament has to debate the principles as a Bill and pass or reject them.”
Until such a process has been implemented, the lawmaker said citizens must refuse to take part.
“Every law-abiding citizen is encouraged to report to the nearest police station anyone coaxing them to be complicit to an unlawful process,” Bajila said.
“Further, the pegging of these fees in United States Dollars instead of Zimbabwe Gold (ZiG) is enough indication that the government lacks confidence in its currency. “
Bajila also said the collection of road fees by the Zimbabwe National Road Administration (ZINARA) contradicted the devolution of power as local authorities must be given that mandate.
“From the outset, it is important to state that the continued collection of road use fees by the central government is against the spirit of devolution of power as contemplated in Chapter 14 of the constitution,” he said.
“Road use fees must be collected by local authorities and used for maintenance of local roads while the national government collects toll fees for the maintenance of national highways and inter-district roads.”
Bajila added “As we work together, building a new great Zimbabwe for everyone, let us be vigilant!”
Meanwhile, the government’s spokesperson and Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services, Nick Mangwana also acknowledged that
Cabinet principles were not yet an act but an indication of legislative intent.
“When the Cabinet passes Principles to a Bill, it’s not the Act and neither is it the Bill. It’s just an indication of a legislative intent. From there this is what follows;
One, a draft Bill will be done by the Attorney General (AG). Two, the Draft Bill will go to the Cabinet Committee on Legislation (CCL) where it will be scrutinised. Three, then it will go to the full Cabinet where Cabinet will make comments. Four, the AG will tidy up the draft taking into account Cabinet input,” he said.
Mangwana said afterwards, the Bill will be gazetted and scrutinised by the Parliamentary Legal Committee (PLC), checking on compliance and alignment with the Constitution.
“Public consultations will be held. The Bill will be debated in Parliament then have the Senate’s input and presidential assent.”
