Mushoriwa is not a lawyer, he doesn’t understand the law, says Mutodi
Bikita South legislator Energy Mutodi has claimed that Dzivarasekwa legislator Edwin Mushoriwa is insisting on the Death Penalty Abolition Bill because he does not understand the law and is not a lawyer.
Honourable Mushoriwa moved a Private Members Bill (the Death Penalty Abolition Bill). However, his proposed Bill received an Adverse Report from the Parliamentary Legal Committee.
According to the committee, the Bill is trying to amend a constitutional provision, when it is not a constitutional Bill.
Mushoriwa, an opposition legislator argues that the committee is wrong in issuing an Adverse Report.
However, Mutodi is of the view that Mushoriwa’s argument is due to his lack of appreciation of how the law works. He says this is because he is not a lawyer.
‘’Thank you Honourable Chair for affording me this opportunity to debate on the Death Penalty Abolition Bill. The Hon. Member who moved the motion obviously is not a legal practitioner or a lawyer and may not understand what the law means. Law is a profession. It is not a business for everyone.
‘’Firstly Hon. Chair, the Constitution is the supreme law of the land and any Act of Parliament or Statutory Instrument that goes against the Constitution is ultra vires and should be disregarded to the extent of its inconsistency.
‘’Section 48 of the Constitution of Zimbabwe is very clear that the death penalty may, and in the place of may, if I am doing a Statutory Instrument interpretation, I can also say, can be given for murder committed in aggravating circumstances.
‘’We must look at the intention of the legislature when they made this provision in the Constitution,’’ he said.
Despite receiving an Adverse Report from the PLC, the Death Penalty Abolition Bill had its memorandum considered and approved by the Cabinet.
Mushoriwa is not a lawyer, he doesn’t understand the law, says Mutodi