Delegated Legislation

There are several reasons why it is necessary to have subsidiary legislation:

  1. Pressure on Parliamentary time

    Parliament barely has the time to discuss the essential principles of a Bill. Much time can be saved and amendments to Acts obviated, by delegating the consideration of procedure and subordinate matters to ministers and their departments

  2. Technicality of subject matter

    The subject matter of modern legislation is often highly technical. Technical matters, as distinct from broad policy, are not susceptible to discussion in Parliament and therefore cannot be readily included in a Bill. Delegation to ministers enables them to consult expert advisers and interested parties while the regulations are still in the draft stage

  3. Flexibility

    In large and complex measures it is not possible to foresee all the contingencies and local conditions for which provisions will have to be made, and it would be difficult to settle all the administrative machinery in time for insertion in the bill. Delegated legislation provides a degree of flexibility, as changes can be made from time to time in the light of experience without the necessity for a series of amending Acts.

  4. Emergency powers

    In emergencies such as war, serious strikes and economic crises, there would often not be time to pass Acts of Parliament even if (as may not be the case) Parliament is sitting. The executive, in such circumstances, is empowered to make regulations to deal with the emergency at hand

    There are several types of subsidiary legislation, all of which are published in the Government Gazette in documents styled Statutory Instruments, which are given sequential numbers for reference purposes.

The following are the types of subsidiary legislation found in Zimbabwe:

 

  • Regulations
    The bulk of Statutory Instruments are regulations made by Ministers for the purposes specified in the enabling Act of Parliament

  • Bye-laws
    These are laws made by local authorities to regulate conduct in their areas of jurisdiction

  • Proclamations
    These are made by the President for purposes of announcing the dates he has set for example, for opening and closing sessions of Parliament or to announce that a certain local authority has acquired a higher status.

  • Rules
    Such as the ones created by the Courts to facilitate their operations
Delegated Legislation