Wednesday, December 15, 2010

(HERALD) Biti’s power game scuttled

Biti’s power game scuttled
By Itai Musengeyi and Farirai Machivenyika

IN an unprecedented move, the House of Asse-mbly yesterday blocked attempts by Finance Minister Tendai Biti to usurp some of President Mugabe’s powers when it passed the Finance Bill, HB 12A, 2010 with amendments recommended by the Senate and Cabinet. Government officials yesterday said the move by Parliament to scuttle the Minister’s attempts and force amendments has never happened in the history of Zimbabwe.

"But what was also unprecedented was an atte-mpt by the Finance Minister to redefine the powe-rs of the President through the Finance Bill by circumventing Government processes of crafting legislation to give himself the powers to all these things.

"It has never happened with previous Finance Ministers from Enos Nkala, Bernard Chidzero (late), Ariston Chambati (late), Herbert Murerwa, Simba Makoni and Patrick Chinamasa. So Tendai Biti has made a first both in his attempt and in his defeat," said a senior Government official.

"What falls within the domain of the Finance Ministry are specifics related to general budget principles okayed by Government through the Cabinet Committee on Financial and Economic Affairs which is chaired by the President.

"When we are looking at changing a law, we deal with the substantive. The Finance Minister went beyond detail to the substantive, he was trying to pilfer powers that are owned by the person who chairs the Committee on Financial and Economic Affairs. Fortunately, the would-be victim was wide awake," the official added.

The House of Assembly amended sections 18, 21, 22, 23 and 24 of the Bill that seeks to give effect to the budget presented by Minister Biti last month.

This followed recommendations by Cabinet and Senate while Minister Biti withdrew some of his proposed amendments.

Minister Biti allegedly attempted to usurp Presidential powers through the Bill by amending Section 2 of the Exchange Control Act through section 21 of the Finance Bill.

The section defines Zimbabwe’s sovereignty over its natural resources and how they are traded with other countries.

It empowers the President with executive po-wers to determine the country’s regulations in relation to currency, exports, imports, transfers and settlement of property between Zimbabweans and foreign residents.

In his proposals, Minister Biti wanted to transfer the powers to his office.

The minister had also proposed centralising allocation of funds to parastatals in his office through section 24 of the Bill.

Line ministries currently allocate funds to public entities under their jurisdiction.

The Minister had proposed through sections 18, 22 and 23 that an individual could not sit on more than three boards of parastatals, but this was amended to not more than two as recommended by the Senate.

Zanu-PF chief whip, Cde Joram Gumbo said: "Clause 18, 22 and 23 deal with membership to boards of parastatals and we understand Minister Biti had an individual in mind whom he wanted to be on three boards.

"Our regulations state that a person cannot sit on more than two boards because we do not have a shortage of capable manpower in the country."

Cde Gumbo accused Minister Biti of trying to accommodate Mr Charles Kuwaza on the Zimbabwe Revenue Authority board when he already sits on the boards of the Reserve Bank of Zimbabwe and the State Procurement Board.

The Zanu-PF chief whip said having an individual sit on many boards would negatively affect operations if that person were to leave office.

"He (Minister Biti) said he had consulted with the ministers, but it turned out that it was not true, if there were consultations then there would not have been any need for the amendments," Cde Gumbo said.

Section 24, which Minister Biti withdrew, wanted to amend the Public Finance Management Act so that excess money from public entities and statutory funds may form part of the Consolidated Revenue Fund.

The Bill will now return to the Senate before it is presented to President Mugabe to be signed into law.

A Harare-based political analyst said if Minister Biti had succeeded with his plan, the President would simply not have assented to the Bill thereby creating a constitutional crisis.

He said such a scenario would have necessitated an election to deal with the constitutional crisis but Minister Biti’s party, the MDC-T, dreads a poll.

"That is why they have not invoked their majo-rity in the Lower House to pass the Bill because the President would simply not assent to the Bill causing him to call an election.

"This shows the MDC-T has lost its confidence to assert itself in Government including in the House of Assembly where it commands a majo-rity," the analyst said.

He said Minister Biti could have derived his motivation to change laws without thorough consultations after he once scrapped a tax on foreign newspapers sold in Zimbabwe without consulting the relevant Ministry.

"Such kind of misfiring normally happens when a Minister does not work or consults with staff in his Ministry, otherwise how do you explain this. The technocrats in the Ministry will easily pick these anomalies and advise accordingly," another Government official observed.

Meanwhile, President Mugabe yesterday recalled Senate to attend a sitting tomorrow.

According to clerk of parliament, Mr Austin Zvoma this is meant to consider the Finance Bill that was passed by the House of Assembly.

The Senate had adjourned to February, 8 next year.

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