The history of the Parliament of Zimbabwe may be discussed according to constitutional developments as follows:
The 1898 Southern Rhodesia Order In Council
The first semblance of a representative institution in Southern Rhodesia was found in the Legislative Council, established in terms of the Southern Rhodesia Order in Council of 1898.This Council, which had no executive responsibilities, consisted of
- the Administrator of Matebeleland as President,
- the Resident Commissioner as the representative of the British Council but without vote,
- 5 senior officials of the BSAC nominated by the company with the approval of the British Secretary of State,
- four memberselected by persons enrolled on the voters’ roll (Parliament of Rhodesia, 1974:3).
Thus the settlers had a say in legislative matters but the administration was the prerogative of the company Administrator. African affairs were controlled by two Chief Native Commissioners, responsible to the Administrator via secretary of Native Affairs. The powers of the Council were no more than advisory. Participation in the elections was in practice almost entirely restricted to settlers by reason of income and property qualificationswhich excluded a holding in the communal lands from the definition of property.
The settlers from 1910 pressurized for a majority vote on the Legislative Council. The BSAC agreed and in 1911 there were 7 elected and 5 nominated members, the company’s Administrator retaining a casting vote.The original plan of the BSAC and the British government had been for the eventual incorporation of Southern Rhodesia into South Africa.Responsible self-government under the Crown was promised for 1914 by the High Commissioner. However, colonial office disagreed because of financial responsibility resulting from such arrangements.. It preferred that the Protectorate should be absorbed in South Africa.Intense discussion began on the future form of government.A referendum was held on 27 October 1922 to determine the opinion of the White voters on the following three possibilities.
- To remain under company rule.
- To join the union of South Africa.
- To be granted Responsible Government.
The result of the referendum was in favour of Responsible Government with 8 744 votes cast for responsible government and 5 989 for union with South Africa. (Hirsch, 1973 : 25). Hence, in 1923 the administration of the BSA Company under the Royal Charter ended leading to the establishment of the first Legislature in Rhodesia.
The 1924 Responsible government.
The Constitution of 1923 set up a legislature with a membership of thirty, representing15 electoral districts each with two members. The franchise was based on minimum property, income and educational qualification. Potential black voters had to prove that they earned wages of a hundred pounds per year, at a time when few commanded even fifty pounds per year, and had to write fifty words in English [Sylvester, 1991:31]. These qualifications were so high that only a handful of blacks could qualify. In 1928 there were 62 blacks out of a total electorate of 22 000 and by 1956, there were 560 blacks out of the 52 000 voters.
The Constitution of 1923 provided for:
- A single Legislative Assembly of 30 members, empowered to reject, and debate legislation introduced by the government.
- The cabinet consisted of only 6 ministers and was empowered to handle the departments of the civil service and daily administration (Sylvester, 1991:31)
- The civil service and judiciary were independent ofgovernment andparliament, and the Governor represented the British Crown and was responsible for appointing the Prime Minister as a leader of the majority party in Parliament.
Certain areas of legislative competence were reserved for the signification of Her Majesty’s pleasure, viz:
- Constitutional amendments
- Any law, except in respect of the supply of arms, ammunition, or liquor to natives, which subjects natives to conditions or restrictions which do not apply to Europeans.
- Any law constituting a Legislative Council (Ibid)
These reserved clauses were meant to prevent discriminatory legislation against Africans without consent of the British government. The British government also wanted to stop Southern Rhodesia from passing laws incompatible with the general interests of the imperial connection The Legislative Assembly was to elect a Speaker who did not have to be a member of the Assembly, but had a casting vote. The Assembly had the power to pass laws.
Between 1953 and 1863 Southern Rhodesia was part of a federation comprising Northern Rhodesia (Zambia), Southern Rhodesia (Zimbabwe) and Nyasaland (Malawi). The federal Constitution provided that the Federal Government should have control over external affairs, trade agreements, immigration, electricity, economic policy, all non-African education and African higher education, law, financial and fiscal policies, import and export control, communication and defence The Federal Constitution also provided for the African Affairs Board consisting of 3 European members with special responsibilities for African interests and selected African members from each territory. The main function of the board was ostensibly to protect Africans from discriminatory legislation. What would remain within the jurisdiction of the territorial governments would be African education, housing, law and order, local government and taxation, the police, mining and labour, land and water, Native affairs, African Agriculture, European agriculture in Southern and Northern Rhodesia.
The Constitution also provided for a parliament known as the Federal Assembly comprising 35 membersincluding 6 Africans, 2 from each of the three territories. In 1957 the Federal Assembly was enlarged from 35 to 59 with increased African representation. There were to be 8 elected African members and 3 European members with special responsibilities for African interests taken from the original Federal Assembly.