Resist, Reject and Report Violence, #RRRV2023
Government Passing Unconstitutional Laws
On 1 February the Zimbabwe Industrial National Coordinating Council (ZINCC) issued a statement
that the Health Services Amendment Act and the Criminal Law (Codification and Reform
Amendment Bill) violate the Constitution of Zimbabwe and International Labour Organization (ILO)
conventions that the country has ratified. This follows an ILO fact-finding mission to Zimbabwe
last year following numerous reports on labour violations. The conventions include Convention 87
(freedom of association and protection of the right to organise) and Convention 98 (the right to
organise and collective bargaining). The Health Services Amendment Act states that strikes in the
public health sector must not go beyond 72 hours as they are described as an essential service. If
unions fail to adhere to this limited time, the organisers will be fined and sentenced to three years
in prison according to a government gazette of the Criminal Law Codification and Reform
Amendment Bill. Joseph Tanyanyiwa, the chairperson of ZINCC stated that workers’ rights are
human rights that should neither be constrained nor compromised and freedom of expression
should not be criminalised. He said the organisation was imploring the government to urgently
amend or repeal the laws which instil fear in trade unions and their members through weakening
the workers' struggle for better working conditions. According to independent sources, Zimbabwe
currently has the highest level of unemployment in the world and Zimbabwean workers, whose
average salaries are US $62 per month, are finding it difficult to make ends meet.
Recommendation
1.Adoption of constitutionalism as a culture to prevent the rampant passing of laws that are
unconstitutional.
February 2023
The Zimbabwe Peace Project Monthly Monitoring Report
11