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NATIONAL ASSEMBLY HANSARD 21 JUNE 2017 VOL 43 NO 72

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PARLIAMENT OF ZIMBABWE

Wednesday, 21stJune, 2017

The National Assembly met at a Quarter-past Two o’clock p. m.

PRAYERS

(THE HON. DEPUTY SPEAKER in the Chair)

ANNOUNCEMENTS BY THE HON. DEPUTY SPEAKER

VISITORS IN THE SPEAKER’S GALLERY

          THE HON. DEPUTY SPEAKER: I have to acknowledge the presence in the Speaker’s Gallery, of the delegation from Swaziland, Hon. Titus Thwala, leader of the delegation, Hon. Sikhumbuzo Dlamini and Mr. Mpendulo Ngcamphalala, you are most welcome  – [HON. MEMBERS: Hear, hear.] -

OPEN LEARNING CENTRE CAPACITY BUILDING WORKSHOPS

THE HON. DEPUTY SPEAKER: I have to remind the House that the Open Learning Centre is inviting Chairpersons of Committees to two half day capacity building workshops  on  Friday, 23rd  and Monday, 26th June, 2017 at Meikles Hotel, Mirabelle Room, from 0800 hours to 1400 hours on each day.  Lunch and refreshments will be provided.

TABLING OF REPORTS

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE): Madam Speaker, in terms of Section 12 (1) of the Audit Office Act [Chapter 22: 18], I lay upon the table the reports of the Auditor-General for the year ended December 31, 2016 being: -

1.     Narrative report on Appropriate Accounts, Finance Accounts, Revenue Statements and Fund accounts;

2.    Narrative report on State Enterprises and Parastatals; and

3.    Narrative report on Local Authorities, Minister of Finance and Economic Development.

Thank you.   

APOLOGIES RECEIVED FROM MINISTERS

THE HON. SPEAKER:  I have a list of Members of Parliament and Ministers who sent in their apologies; Hon A. Ndhlovu; Hon. Dr. Mpofu; Hon. VP. E. Mnangangwa; Hon. VP. Mphoko; Hon. Chinamasa; Hon. Kasukuwere; Hon. S. Nyoni; Hon. D. Parirenyatwa; Hon. Bimha; Hon. Prof. J. Moyo; Hon. Muchinguri; Hon. S. K. Moyo; Hon. J. D. Hungwe and Hon. Dr. J. Gumbo.

HON. MAJOME: Thank you Madam Speaker. I rise to just give a motion on a point of privilege for Hon. Members to note that there is now available tea and coffee machine for their use in the Members Bar that was not there before. It is especially made for female Hon. Members who might not visit the bar because they might not know it and it is at a cost. I thank you.

HON. GONESE: Thank you very much Madam Speaker Ma’am. My concern and the reason why I am rising is that whilst I commend those Hon. Ministers who have indicated that they are not able to attend today’s session and that is an improvement from the past practice where there was simply no recognition that this is an important occasion in terms of our Constitution Section 107 as read in conjunction with our Standing Orders Number 63 and 26.

My worry is that for the second week running, last week we had a situation where an organ of a political party had its sitting last week and we did not raise any concern because we appreciate it that they have some important business to transact. Our concern is that for the second Wednesday in a row, we are now having a situation where the Ministers who have given their apologies are actually attending a meeting of an organ of a political party. If we are to follow the dictates of our Constitution, we must prioritise matters of the State over matters of a political party.

In our Constitution, we made special provision that all Ministers, Vice Presidents and Deputy Ministers must avail themselves to answer questions coming from Members of Parliament and it is enshrined in our supreme law or Bible, so to speak, in so far as the nation is concerned. We strengthened that position in the Constitution by adding in the Standing Orders in terms of Standing Order Number 26 that any Minister who fails to attend Parliament in order to answer questions is in contempt of Parliament. I get very concerned and worried that we do not take this seriously.

Today, if you look on your right Madam Speaker, there are very few Ministers because some of them are attending that meeting. I have said before and I will repeat it – it is important for all political parties especially those from where the Ministers are coming to schedule their meetings on a day which is not a Wednesday. We have got the whole weekend where they can transact the business which they failed to finish last week. We want to place it on record that this is not acceptable and again we have a scenario where the Vice President is not here who is Leader of the House. He has not designated any other Minister to be the Acting Leader of the House. The person who sometimes acts as Leader of the House, Hon. Chinamasa is also not available because he is attending the same Politburo meeting. So, when we have got matters of policy which Hon. Members representing their constituencies want to put to Hon. Ministers, they have no one to ask.

In order to indicate our displeasure at their conduct, we must do something as this august House. I will actually ask all Hon. Members that perhaps we may have to resort to a situation where we defer Question Time so as to indicate our displeasure at this course of conduct. The timing is very poor because in terms of the sitting calendar Madam Speaker, we are actually supposed to be adjourning Parliament today for the next two weeks. In other words, if there are pertinent questions which Members wanted to ask, they would have been overtaken by events. I think that the timing is particularly very bad. For that reason, I want to emphasise that it is not appropriate for the political party in question to show its disdain for matters of State and put matters of their party ahead matters of the State. Those are my submissions.

THE HON. DEPUTY SPEAKER: Thank you very much. All the points you made are very much valid. As the Chair, I am as well worried that on my right I was expecting Ministers even those who are not in the Politburo but I think as a House, someone was suggesting a proposal and we can agree on such a proposal.

*HON. ADV. CHAMISA: There are many Hon. Members who are capable of being Ministers who are on the other side in the ruling party but they are here because there are some who are holding on to those posts. As Parliament, to show that we are serious and that we were voted in by people, I think we should note down the names of the Ministers who did not send any apologies and we charge them so that they can pay a fine of contempt of Parliament. They will know that as the Chair sitting there, you have a right to lead this House. It is my suggestion that the Clerk should compile the names of the Ministers who did not put any apologies so that they can be charged and then we send the ruling to the President because they are not doing their work properly.  We can confiscate their cars or office keys to show our disgruntlement.

Hon. Dr. Made comes each and every week and he is punctual. We really respect that. I think we should come up with a resolution as Parliament that those Ministers who do not send their apologies we should charge them with contempt of Parliament for looking down upon this House.

*THE HON. DEPUTY SPEAKER: Those are the ideas coming from Hon. Chamisa that we should compile a list of Hon. Ministers who are absent without leave. I am still consulting on that proposal. I urge Hon. Members to direct their questions to those Ministers who are present.

HON. MISIHAIRABWI-MUSHONGA: Thank you Madam Speaker.  I am not taking away what Hon. Chamisa has indicated as a proposal, which you said you are consulting on.  So, that remains on the table and we are supporting that.  However, I just think that as Hon. Gonese had raised, we need to take a position as Parliament to indicate that we are actually quite unhappy because when we continuously go on with the programme, we legitimize this kind of behavior.  So, we need to take a stand where we say if they are not willing to come and unfortunately those that have come would have to also be taken on the basis of others.  We just do not ask questions.  We have got a whole agenda that is there; we have motions.  We can defer Question Time and do Question Time when they are here.  That is my proposal Madam Speaker.

          THE HON. DEPUTY SPEAKER:  Hon. Members, I know you need to see Cabinet Ministers but according to the Constitution, the Deputy Minister is also a Minister.  We can have questions posed to the Deputy Ministers and they will respond.  I think we can proceed because there are so many Deputy Ministers and Ministers.  We can go ahead.  However, I take the issue of listing down.

          Hon. Members according to the Chair, I think we can proceed with questions to those Ministers who are present because I am being advised that among the Ministers, there are some answers from other Ministers.  We can proceed with questions to those Ministers who are here.

          HON. ADV. CHAMISA:  Hon. Speaker …

          THE HON. DEPUTY SPEAKER:  I have not recognised you Hon. Member – [HON. MEMBERS:  Inaudible interjections.] -

          HON. MATUKE:  Madam Speaker, I think you have already made a ruling.  For a Vice President from the opposition to come and challenge your ruling, I think it is not fair.  So, I am proposing that we proceed with Questions Without Notice.

          HON. ADV. CHAMISA:  Thank you Hon. Speaker.  I am actually just rising to support you – [HON. MEMBERS:  Inaudible interjections.] –

          THE HON. DEPUTY SPEAKER:  Hon. Members, can we have order.

          HON. ADV. CHAMISA:  Hon. Speaker, I rise to thank you for the ruling that you have made that we proceed with the Ministers who are here present.  I am also happy to realise that you have said we should take down the names of the Ministers who are not here present so that they are charged for contempt of Parliament.  I want to thank you and I hope the Clerk is compiling.

ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE

          *HON. KWARAMBA:  Thank you Madam Speaker.  My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development, Hon. Made.  Maize is being taken to GMB and we are hearing that there is a lot of moisture content and the maize is being returned.  After it has been returned, it is being sold on the black market and it is not finding its way to GMB.  What plans do you have that the grain will not end up in the hands of unscrupulous people?

          *THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE):  Madam Speaker, I want to thank the Hon. Member for asking such a pertinent question.  It gives me a chance to explain to our farmers so that the nation at large can understand.  We take our maize to GMB with moisture content of 12.5%.  This season, we see that most farmers grew long season varieties and because of the incessant rains, the grain has not dried completely.  Why I thank the Hon. Member is that she said when the farmers go back, they sell to other buyers whom we are afraid will bring the same grain to GMB and would short change the farmer.  So, I am going back to investigate this issue with GMB.  There are times when we say 12 and a half  to 13% moisture content but our fear is that if we have a lot of grain with that moisture content of 13%, it will rot in our granaries.  So we want to look at the grain that is going for milling and waiver the 12.5%.  We also do not want the Grain Marketing Board to pay for the moisture weight or excess moisture; we should have a good balance on that.  I plead that you give me time to go and investigate then I will bring an exact answer to the august House.  Thank you.

*HON. MLISWA:  Before people harvested it was said that there were collection points and driers to be erected. If driers are there, why are they not being used?  At the collection points, why do the GMB officers not go to collection points to collect samples of whether or not the moisture content is right instead of having people ferry their grain to the GMB only to be returned?  There was mention of a collection point in the driers, is there anything like that?

*HON. DR. MADE:  Thank you Hon. Mliswa for that question.  All that has been mentioned is in plan.  These are places where farmers are but some of the driers were not functioning and are being resuscitated especially those in the A1 and A2 areas.  Like I stated before, this year’s harvest irrespective of whether it is from A1 or A2, countrywide we have maize that has completely dried.  I agree with him that farmers should not take their grain to GMB to wait in long queues especially those who want to store their grain in silos.  It would be proper for it to be collected and tested.  I am saying the GMB should disburse sacks to farmers in time for them to store their grain for ease of transportation.

On collection points, I said that samples should be collected from there.  I concur with his suggestion so that farmers do not waste time travelling only to be turned away.

*HON. MURAI:  Do you not have a department which teaches new farmers of when to harvest instead of them to harvest maize that is not ripe for harvest?  You should know these are new farmers so they need training on when to harvest matured crop. – [HON. MEMBERS: Inaudible interjections.] –

THE HON. DEPUTY SPEAKER: Order, order now you are making noise.  The Hon. Minister is responding to the question.

*HON. DR. MADE:  Madam Speaker, I want to thank the Hon. Member for his question.  There are a lot of things that a farmer takes into consideration in growing his crop.  Once his harvest is ripe, most farmers will be afraid of veld fires.  We have had police reports that some farmers are engaging in arson, so we should help the farmers so that they harvest their crops in time. 

I want to assure the Hon. Member that we have Agritex officers to educate farmers and they work in conjunction with GMB in training new farmers on when to harvest and take their grain to the GMB.  We thank the farmers for the effort they are making in taking their grain to GMB.

HON. MANDIPAKA:  My question is directed to the Deputy Minister of Home Affairs – [HON. MEMBERS: Inaudible interjections.] -

THE HON. DEPUTY SPEAKER:  Do you not have a supplementary question? – [HON. MEMBERS: Inaudible interjections.] –

HON. MANDIPAKA: No. – [HON. MEMBERS: Inaudible interjections.] -

THE HON. DEPUTY SPEAKER: Yes, I know, I am presiding over this House.

*HON. MACHINGAUTA:  When maize is being transported to the GMB, we have farmers who engaged in command agriculture and others who were funded.  When you go to Kadoma, there are farmers who used their personal money and would spend about two weeks but you will find that those who engaged in command agriculture do not take time to sell their grain.  Is it Government policy that those who funded themselves wait longer to sell their grain than those who engaged in command agriculture?

*HON. DR. MADE:  Madam Speaker, that is a very specific question.  I think the Hon. Member should put the question in writing and allow us to conduct investigations because it is now an allegation.

THE HON. DEPUTY SPEAKER:  The Minister of Home Affairs has gone out, so I recognise – [AN HON. MEMBER:  He is now there!] – I know what I am saying.  He had gone out when Hon. Mandipaka wanted to pose his question.

HON. MANDIPAKA:  My question is directed to the Deputy Minister of Home Affairs – [HON. MEMBERS: Inaudible interjections.] –

THE HON. DEPUTY SPEAKER:  Order, order, this is how you waste time when you want to ask questions.  You are busy making noise president; president that has nothing to do with the business of the House.

HON. MANDIPAKA:  My question is directed to the Deputy Minister of Home Affairs, Hon. Mguni.  May the Hon. Deputy Minister explain whether Government has any policy that is water tight to ensure that police uniform, regalia and kit does not fall into bad hands that tarnish the image of the force when such uniform is used by unauthorised persons.  Do you have any policy in place? I thank you.

          *THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI: Thank you Madam Speaker.  Yes, there is a very strong policy which embraces even the camouflage; including the security forces uniform, that if you are to be found abusing it in unofficial duties; you have to face criminal charges.  It is standing there in Zimbabwe. I thank you.

          *HON. MANDIPAKA: Madam Speaker, I wanted to find out from the Hon. Minister whether there is a policy, because he is talking of a charge.  I am asking for a policy in Government that ensures that that regalia does not fall into bad hands.  I thank you.

          HON. MGUNI: That is what I said.   Yes, it is there.  I will bring it to the Hon. Member for him to see and read. 

          *HON. MANGWENDE: Thank you Hon. Speaker.  My question is directed to the Hon. Minister of Agriculture, Mechanisation and Irrigation Development, Hon. Dr. Made.  What are you doing about the chicken disease called Avian influenza that has widely spread throughout the country affecting chickens?

          *THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE): I want to thank the Hon. Member for asking a question concerning the Avian influenza.  Firstly, I want to say that the disease is not wide spread.  If it had been widespread, we would not be having any chickens left because it is really a menace.  So, that is why I am thanking the Hon. Member because it gives me an opportunity to explain about the state of the disease. 

          Many people are falsely stating that it is widespread, but that is not the case.  The disease is especially spread by migratory birds.

          HON. MURAI: On a point of order! Can the Hon. Minister raise his voice like what he does when he is at a rally dishing out rice – [Laughter.]-

          *THE HON. DEPUTY SPEAKER: Hon. Minister, you are being asked to raise your voice so that all the Hon. Members in the House will hear.

          *HON. DR. MADE: Thank you Hon. Speaker. This disease is spread by migratory birds.   The animals that are normally attacked by this disease are birds.  Chickens which were greatly affected were those at Irvines, because there is a way that they look after their chickens and they have veterinary specialists who look after their chickens.   Chickens which were affected are breeders, those which produce eggs for reproduction of broilers. 

          These chicken birds are quarantined in their rooms and the surrounding areas are protected.  So, the first room, the birds died because of that disease.  After investigations, it was discovered that these chickens died because of Avian influenza. According to our policy, the Chief of the veterinary services who is in charge took precautions to kill all the other chickens in surrounding areas, that is three chicken runs were affected.  So, the area was quarantined and we are about to finish the quarantine period and there is no other chicken which has been affected by this disease.  I thank you.

          *HON. BEREMAURO: Thank you Madam Speaker.  What plans has the Government taken concerning countries like Botswana who have banned chicken exports to their countries?

          THE HON. DEPUTY SPEAKER: The Hon. Minister has answered what has to do with the disease.  If you have a different question, not as a supplementary question.

+HON. D. SIBANDA: Thank you Madam Speaker.  My question is directed to the Deputy Minister of Home Affairs.  Hon. Minister, what is Government policy on the removal and restoration of road blocks on the roads?  I am asking that because you have said in the media, road blocks will be removed and there will be few on the roads.  However, what is surprising is that road blocks are still in place and they are many.  Is it a matter of time to implement what you said?  I thank you.

+THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI): I thank you Madam Speaker.  Your question is very pertinent Hon. Member.  What should be clear to Zimbabweans is that there is no policy on road blocks because it is something that is done as a security measure against criminals. We will not be in Norton from six to six waiting for criminals; you will not catch any criminals.  Therefore, we will pitch road blocks wherever they should be because we are looking for criminals.  However, because we see that road blocks are many in the country and disturbing the smooth movement of workers and students, it makes relations to be poor between regulators and users and as such they should be reduced.  That is the Government programme to provide easey ways of doing business.  As home affairs, we should be compliant to that programme so as to facilitate ease of doing business.  I thank you Madam Speaker.

+HON. D. SIBANDA: Thank you Hon. Minister.  I hear you.  However, considering that some of the road blocks are being mounted by bogus police, what do you say about it?  What have you done about it?  On two occasions, bogus police officers were involved.  What do you say about bogus police officers’ operations? 

+HON. MGUNI: Thank you Madam Speaker Ma’am.  Those doing that are apprehended and put in prison.  Secondly, we have a programme of electronic traffic control which will make it possible for those bogus police officers to be identified because they will not be having those gadgets.  That person who will be found carrying a book when it is no longer in use and all those bogus police officers will be arrested.  I thank you.

+HON. T. KHUMALO: Thank you Hon. Speaker.  There is an issue that police officers are now holding motorists accountable on the road because the seats of their vehicles will be torn.  Is that Government policy?

          +HON. MGUNI: Thank you Madam Speaker.  The police are there to prevent crime, protect property and life.  Therefore when an accident occurs that can lead to fatalities, yes, the police have the right to do that.  If it is torn such that it can cause fatalities, the police have the right to protect the life of those seated on that seat.  I thank you.

          HON. P. D. SIBANDA: Hon. Minister, the question from Hon. T. Khumalo was, what is the law that provides that if a seat of a car is torn, it is an offence?  We expect the Hon. Minister to cite a specific law and not explain.

          HON. MGUNI: Thank you Hon. Speaker Ma’am.  I do not want to misquote the Act.  However, can he write down that specification?

          Hon. Members having stood up to debate

          +HON. J. TSHUMA: Sit down.

          THE HON. DEPUTY SPEAKER: No, I am presiding, just ask your question.

          +HON. J. TSHUMA: Thank you Madam Speaker.  My question is directed to Deputy Minister of Home Affairs, Hon. Mguni.  I would like to understand what policy has Government put in place when this matter was raised before.  The people who stay in urban areas, when they are seeking to obtain birth certificates, we, their representatives do not have any right to vouch for them as what chiefs do in the rural areas.  Here in towns, do we have a law that allows us and the councilors to vouch for these people so that they are able to get birth certificates here in town, instead of being referred to communal areas?  Some come from Rusape or Binga.  Do we have a law that allows us as Members of Parliament and councilors to vouch for these people?  I thank you.

          +THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI): Thank you Madam Speaker.  The Act which is in place does not provide for a Member of Parliament or a councilor to vouch because it was done specifically for communal areas.  If we were to incorporate the urban people, there is nothing written for Members of Parliament or councilors to vouch.  I thank you.

          HON. J. TSHUMA: Thank you Madam Speaker.  I would like to understand what your department can do so that we are also incorporated so as to help the people.  What is in place now was done for the people in communal areas.  What can we do now so that we can also change the law so as to incorporate the rotation of the people in the urban areas? Is there something that you can do?

          *THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI): Yes, there is something we can do because our Members of Parliament who are in urban areas can combine and bring a motion so that you debate it and then we will make a Bill out of it. I thank you.

          HON. KHUPE: My question is directed to the Deputy Minister of Home Affairs. Madam Speaker, many accidents have happened in the past and some of them recently and many people have died in the process. Some of these accidents are caused by throwing of spikes. I witnessed a police officer in Gweru last week throwing a spike. This is a very dangerous act. What is Government doing to make sure that they stop this dangerous act of throwing spikes because it has killed many people including the police officers? This act must be stopped. I think the police can come up with ways and means of stopping cars rather than using this dangerous act where many people have died. What is Government doing to stop this act?

          HON. MGUNI: Thank you Madam Speaker. I received a lot of phone calls and a lot of help from Hon. Adv. Chamisa and we quoted the Act which was indicating that if we found any police officer who throws a spike on a mobile car, there is a minimum sentence of three years. I think you remember this and it was published on papers because a spike is not a weapon or a tool to throw. It is laid on the ground to control the movement of traffic. So we clearly did that but however, I also want to elaborate that most of the deaths on the road are not from the spikes because we have got the statistics. They are from speeding drivers who do not have licences, the unfit vehicles and state of the roads. So there are a lot of contributing factors towards the death toll that we received on the road. I thank you Madam Speaker – [HON. ZWIZWAI: Inaudible interjection.]

          THE HON. DEPUTY SPEAKER: Hon. Zwizwai, muzvibate.

          +HON. SITHOLE: Thank you Madam Speaker. My supplementary question is that from morning, police will be holding these spikes which have chemicals. It is a health hazard when they hold these spikes for a long time. So, what Government policy do you have to avoid this health hazard?

THE HON. DEPUTY SPEAKER: This is now different from the original question. 

HON. P. D. SIBANDA: Thank you Madam Speaker. Hon. Minister, you indicated that you have put in place a law that shall fine police officers who throw spikes guilty of an offence. However, beside waiting for that to occur, what measures are you taking as a Ministry to ensure that police officers in their training and retraining are taught not to throw spikes when they are conducting their duties? Thank you.

HON. MGUNI: Thank you Madam Speaker. We did not bring the law now. It was already there on the Act. We are just activating and creating awareness to the officers on duty to know so that the memorandums are sent every now and then so that they know that they do not have to throw spikes to a motorist.

HON. GONESE: Thank you very much Madam Speaker. My supplementary question is, does the Government not have alternative methods which do not entail the use of spikes? The Minister could enlighten us whether there is any other country which has police officers moving around with spikes because from my own personal observations, I have never come across any other country where you find police officers moving around with spikes, which in the process of executing their duties can be abused. It is difficult to regulate whether the police officers are going to follow the law and lay them on the road as opposed to a situation where they throw them. The Hon. Deputy Minister could clarify for us as a nation on that aspect? – [HON. MEMBERS: Inaudible interjections.]

THE HON. DEPUTY SPEAKER: Order Hon. Members, you are now shouting, particularly Hon. Wadyajena please.

HON. MGUNI: Thank you Madam Speaker and thank you Hon. Gonese for your question. We are Zimbabweans and I think what we should do is to contribute and come up with a better solution if that one is bad. Let me use two countries as an example because he said are there other countries that do such things. We have Belgium. Recently they shot the rear wheel of a truck that refused to stop on a road block, they shot the rear wheel and that truck rolled out. In South Africa, in each standard roadblock, there will be two flying squad vehicles. When somebody refuses to stop on the road block, those vehicles are there to chase that car like a Hollywood movie, but it has created a lot of accidents when people are chasing each other.

A spike as I have been identifying it in Parliament is a tool that is laid down on the road to control traffic. It should only be applicable to a person who refuses to stop on the road block. You cannot throw a spike to someone who is adhering to the rules of the road. Therefore, the spike is put on the ground for those who disobey the rules. That is exactly what we have and the country has got its own laws which may not be the same as the other counties. I thank you. 

HON. GONESE: On a point of clarification Madam Speaker. Perhaps the Hon. Deputy Minister did not understand the question. The question was whether they have explored the possible use of other methods which do not entail the use of spikes. In his response, it was quite clear that the examples which he gave have nothing to do with the use of spikes and instead, relate to the use of alternative methods. So, if the Hon. Deputy Minister could clarify to us whether Government has plans to explore the possibility of doing what other countries are doing, whereby they can have police officers chasing after a motorist who will have refused to stop.  Also, in his response, it appears that he is not aware of any other country where police officers use such a primitive method.  Could he specifically tell us which other country in the world uses such a primitive method to try and stop motor vehicles?

          HON. MGUNI:  When I began answering the Hon. Member, I said, as Zimbabweans, we can come together and bring up any other method that everyone thinks is better than what the police is using.  We do not refuse but we have not seen anyone coming forth and that is why the police have invented their own method to stop those mushikashikas.  Secondly, there are road disobeying motorists that have killed police officers.  If you look at this issue of spikes, it is in the courts right now.  I was just generous to answer the question, The police presented full evidence showing that five of their officers have broken legs and they can no longer stand in front of the vehicles or lift up their arms to try to stop the errant motorists.  So, if somebody has a better way of stopping those criminals, please bring it, our office is open.  We will not even refuse the proposal.

          HON. TOFFA:  Minister, considering the fact that most of these cars that are having spikes thrown under are kombis that are carrying innocent people and people are dying, can he not stop the police from throwing these spikes because people are dying.  Is it legal to throw these spikes?

          HON. MGUNI:  That is the exact answer I gave through the help of Advocate Chamisa.  We managed to clear the air and said it is illegal to throw a spike at a moving vehicle. 

          *HON. MAHOKA:  My question is directed to Hon Mguni.  What is the Ministry doing concerning aliens who were born in this country whom you are saying should bring $40,00 to renounce citizenship yet they were born here.  In our Constitution on Section 35, it says; it is the right of children and for a person in Zimbabwe to be given an Identity Card. 

          THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI):  We have got a Statutory Instrument which I remember came into effect in 2009, which says that the aliens can change their birth certificates or identity cards by paying a $40,00 fee.  She is correct because it is written like that in the Statutory Instrument.  However, it was presented in this Parliament by the Minister of Finance and Economic Development because they are the ones that peg the fees that are paid.  There was no dispute from the Hon. Members present.  What Home Affairs is doing is just to execute that Statutory Instrument.  However, if they have identified that it is too expensive for the aliens, we can move a motion in order to rectify that Statutory Instrument.

          *HON. MAHOKA:  He has explained very well but what he is saying relates to the old Constitution whereas we are referring to the new Constitution which stipulates that “a child who was born in Zimbabwe” in the new Constitution and not the old Constitution. 

          HON. MGUNI:  As I explained before, there are Bills that are coming to Parliament because the Act is saying another thing and the Constitution is saying something else.  So, we need to drive the Act to align it to the Constitution and then we can execute our work properly.

          HON. MISIHAIRABWI-MUSHONGA:  Perhaps to just seek further clarification from the Minister of Home Affairs, like Hon. Mahoka said, Section 35 (1) says persons are Zimbabwean citizens by birth, descent and registration.  The question that therefore follows is that as we speak right now, those people have identity cards that define them as citizens.  Why then are they being asked to pay a fee to become citizens when they are already citizens by the mere fact that they do have an identity card and we have Section 35 (1)?

          HON. MGUNI:  It is exactly what I explained that the fees are pegged by the Minister of Finance and Economic Development.  Can they direct that question to the relevant Minister?

          HON. ZIYAMBI:  I want to draw the Minister to Section 2 of the Constitution which talks about the supremacy of the Constitution.  It says; “this Constitution is the supreme law of Zimbabwe.  Any law, practice, custom or conduct inconsistent with it is invalid to the extent of its inconsistence.”  What I want to say is that we have glorified this creature called alignment of laws and the majority of us have decided not to abide by the Constitution and glorified an animal called alignment of laws. The Constitution is very clear. If you are a Zimbabwean you get a birth certificate without paying a penny. If there is a Statutory Instrument that says pay $40 and this Constitution came into effect, why are we labouring ourselves about an unlawful practice when the Constitution is very clear – [HON. MEMBERS: Hear! Hear.] -

          HON. MGUNI: Madam Speaker, I do not want to contradict with the supreme law of the country which is the Constitution. I have heard what Hon. Ziyambi is saying and I have to call an urgent meeting with my Ministry and spell out that thing so that we can rectify the problem.

          *HON. MAKARI: My question is directed to the Deputy Minister of Home Affairs. Does the Government have a policy which prevents girls or women who sell their bodies from abuse by the police? If there is a law pertaining to that, was it publicised? – [AN HON. MEMBER: Hanzi mahure].

          HON. NYAMUPINGA: On a point of order.

          THE TEMPORARY SPEAKER: No, there is no point of order.

          *HON. NYAMUPINGA: Pane zvirikutaurwa. We cannot have a person achitaura kuti mahure muno umu. We cannot have that Madam Speaker.

          THE TEMPORARY SPEAKER: The Speaker of Parliament was very clear on what is a point of order in the House. If it does not refer to the procedures and to a certain Member of Parliament, then it will not be a point of order - [HON. ZWIZWAI: It refers to our voters.] -

          *HON. NYAMUPINGA: Madam Speaker, if the Speaker of Parliament read something from here, probably you did not understand. The Hon. Member who said that should withdraw - [HON. MEMBERS: Inaudible interjections.] -

          *HON. MAPIKI: I did not say that word but she said commercial sex workers. In Shona, it still comes to the same word “hure” – [HON. MEMBERS: Inaudible interjections.] -

          THE TEMPORARY SPEAKER: I, therefore welcome the point of order raised by Hon. Nyamupinga but it is important to acknowledge that the direct translation of what is being said is exactly what Hon. Mapiki is saying – [HON. MEMBERS: Inaudible interjections.] - Let me finish my ruling – [AN HON MEMBER: Ko varume vanonzi chii?] - It is important in this House to acknowledge that it is very unparliamentary to use that word – [HON. MEMBERS: Why?] - Hon. Mapiki, I ask you to withdraw that word – [HON. MEMBERS: Inaudible interjections.] - Can Hon. Mapiki withdraw the word “mahure?

          *HON. MAPIKI: Thank you Madam Speaker. I can withdraw if you give me the proper word. I withdraw.

          THE TEMPORARY SPEAKER: I did not hear you. Can you please withdraw? I will not allow your point of order.  Hon. Mapiki, I did not hear you.  Can you please withdraw.

          *HON. MAPIKI:  Hon. Speaker, I withdraw but can you tell me what the word commercial sex worker says?

          *THE TEMPORARY SPEAKER:  Hon. Mapiki, can you approach the Chair – [HON. MEMBERS:  Inaudible interjections.] -  Order Hon. Members from my right.  I will not allow any point of order until I am done with Hon. Mapiki.  Hon. Mapiki, can you withdraw.

          *HON. MAPIKI: Ndasvomhora” – [HON. MEMBERS: Inaudible interjections.] –

          *THE TEMPORARY SPEAKER:  Order Hon. Members!  Hon. Members from my right side, can you please sit down.  Hon. Members, let me do my work.  I said Hon. can you withdraw.

          HON. MAPIKI:  I withdraw.

          HON. MLISWA:  Madam Speaker, my point of order is in respect of Section 6 of the Constitution which talks about languages that we can use in this House.  We do not want you to deprive us of that section.  Languages namely: Chewa, Chibarwe, English, Kalanga, Koisan, Shona can be used.  Why are you depriving us from using our mother tongue in this House but you encourage us to use English – [HON. MEMBERS:  Hear, hear.] –

          THE TEMPORARY SPEAKER:  Order Hon. Members!  Hon. Members from my right side, can you please sit down.  Hon. Members, I have made a ruling on this issue.  All languages apply in this House but there are words that are very unparliamentary and I will not allow them as I chair – [HON. MEMBERS:  Hear, hear.] – and that is final.  Can Hon. Deputy Minister Mguni respond to the question?

          THE DEPUTY MINISTER OF HOME AFFAIRS (HON. MGUNI):  Madam Speaker, I am aware that there is no Act that grants commercial, whether it is social or what workers.  I am afraid to name it.  It is not yet approved that they can do their work.  However, it does not constitute police to abuse such people because you cannot even abuse a person you arrested committing crime.  As police, you need to be professional. I thank you.

          Questions Without Notice were interrupted by THE TEMPORARY SPEAKER in terms of Standing Order No. 64.

          HON. P. D. SIBANDA:  I move that the time for Questions Without Notice be extended by 30 minutes.

          HON. MUPFUMI:  I object.

          HON. ADV. CHAMISA: On a matter of privilege, Standing Order 68 (d).  Hon. Speaker, I want to take this opportunity on a matter of privilege just to indicate that earlier on across the divide, we raised our concerns around some of the Ministers without excuse.  There are some who have sent their apologies and we appreciate but there are those who have not.  We have counted the number of Ministers and I will go to the Deputy Ministers. We just have about four of them and there are those who have not come. 

          I want to say Hon. Speaker and I seek the indulgence of Hon. Members.  We have Ministers who have not been coming to Parliament and it is always important for us to raise these things so that the names are recorded.  Hon. Mguni, I want to say in as much as you may not have all the answers, we want to appreciate your kind effort to try and answer questions – [HON. MEMBERS:  Hear, hear.] – I want to say he makes an effort.  You may disagree with answers but he takes his duties seriously and we appreciate.  Hon. Dr. Made, we appreciate you and all the Ministers who managed to come.  We may not agree with you as Members of Parliament but we appreciate you.  Those whom we have not mentioned, we hope that you will earn our confidence next time.

          Hon. Speaker, I stood up to say there are Ministers who have been consistent in coming to Parliament and those who are not.  Allow me, because it is a procedure of Parliament in terms of our Standing Orders to cite and mention those names so that if they have a duty to then come to the Speaker to say we were doing this and that, it is their responsibility.  Their names must be known so that Parliament records.  It is our duty as an oversight arm of Government to say MPs have asked Members of Cabinet to do their duty.  We are doing our duty by being here, so I have got names.

THE HON. TEMPORARY SPEAKER:  Order, order Hon. Chamisa may I interrupt you before you proceed to that stage. 

HON. ADV. CHAMISA:  Sure Hon. Speaker.

THE HON. TEMPORARY SPEAKER:  Hon. Members I really appreciate what Hon. Chamisa has said, it is very important and we know it is very true and a fact.  So we this in mind, as Hon. Members of Parliament, we cannot do that task thoroughly but I would love the Parliament administration to give us a list of those ministers who have been coming to Parliament from 2013 when they were appointed to now.  How many have been consistent in their Parliament attendance and those who have not come today.  I think for it to be fair, let us have the administration make a list on who has been coming and how many times so that we can publish what is factual.  Are you agreeable to that suggestion Hon. Chamisa?

HON. ADV. CHAMISA:  Thank you Hon. Speaker, we are not here to embarrass our Hon. Ministers and I appreciate that the effort is to make sure that they come.  So we await the kind gesture and reserve because we had already compiled the list.  We are going to authenticate and validate the effort of the technical team and will help them should they fail to do it because we have the names and ready to do it.

On that score, because it is a matter of privilege again, Hon. Chidhakwa had said he was going to give us a Ministerial Statement on the $15 billion.  I hope that he will kindly favour – [HON. MEMBERS: Inaudible interjections.] – Muzukuru wangu but we want him to favour Parliament with a response on the $15bn.  It is such an important matter that we want to know where the $15 billion is. – [AN HON. MEMBER: Point of order!] –

THE HON. TEMPORARY SPEAKER:  Before I have another point of order, may I have Hon. Chidhakwa to respond on the issue of the Ministerial Statement concerning the issue please, just when you will be able to table the report.

THE MINISTER OF MINES AND MINING DEVELOPMENT (HON. W. CHIDHAKWA):  Thank you Madam Speaker.  I made an undertaking that I would give a Ministerial Statement to explain the issue of the $15 billion and what work is being undertaken.  I also said – [HON. MEMBERS: Inaudible interjections.] –

THE HON. TEMPORARY SPEAKER:  Order, order the Hon. Minister is responding and you are making noise.

HON. W. CHIDHAKWA:  I also said that would include the work that is being done by the Auditor-General.  I am guided also by how much work has taken place there but I will be explaining to you what the situation is.  I thank you. – [HON. CHINOTIMBA: Point of order!] –

THE HON. TEMPORARY SPEAKER: There is no other question pertaining to the issue because the Hon. Minister has responded.  May you please approach the Chair Hon. Chinotimba? – [HON. MLISWA:  Madam Speaker, the point…] – Hon. Mliswa I have not appointed you.  May you please approach the Chair as well?

Hon. Chinotimba and Hon. Mliswa approached the Chair.

Questions Without Notice were interrupted by THE HON. TEMPORARY SPEAKER in terms of Standing Order No. 64.

ORAL ANSWERS TO QUESTIONS WITH NOTICE

RECOURSE TAKEN BY FARMERS WHO HAVE NOT BENEFITTED FROM PROCEEDS OF TREASURY BILLS

1.     HON. KANHANGA asked the Minister of Finance and

Economic Development to explain to the House the recourse that may be taken by farmers who have not benefited from the proceeds that were put towards the purchase of Treasury Bills since 2007.

          THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA):  Hon. Members will recall  that Government took over the RBZ debt in 2015, through the RBZ Debt Assumption Act.  The assumed debt had, among other creditors, farmers.  Government currently issues creditors with Treasury Bills after reconciliation with the Debt Management Office housed under my Ministry.

          Farmers who have since completed the reconciliation exercise have already been issued with Treasury Bills, whilst those who have not yet been issues should approach our Debt Management Office with a view to reconcile the outstanding amounts before Government can issue Treasury Bills.

POLICY REGARDING DEBT TAKEOVER OF STRATEGIC COMPANIES

2       HON. CHIKOMBA asked  the Minister of Finance and

Economic Development to explain the policy regarding debt takeover of strategic companies such as David Whitehead Textiles.

          THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA):  Hon. Members will be aware that Government does not take over debt from private companies.  However, Government realised that due to economic challenges, a number of companies were failing to service their loans with commercial banks.  In response, Government incorporated the Zimbabwe Asset Management Company (ZAMCO) with the primary mandate to efficiently resolve the problem of high Non Performing Loans (NPLs) of banking institutions in Zimbabwe through acquiring, restructuring, managing and disposing the NPLs.

          All strategic companies, including David Whitehead should, therefore, approach ZAMCO.

LOAN AGREEMENT WITH AFRICA IMPORT-EXPORT BANK FACILITY ON BOND NOTES

           4.  HON. MAJOME asked the Minister of Finance and Economic Development -

           (a)  to state when the loan agreement that gave rise to the $200 million Africa Import Export Bank ‘facility’ for the bond notes was concluded;

           (b)  to indicate whether or not its terms were published in the Government Gazette ; and whether or not this was done in 60 days in terms of Section 300 (3) of the Constitution; and to explain the terms of the said parent loan agreement;

           (c)  to indicate whether or not the loan agreement that gave rise to the facility was referred to Parliament in terms of Section 327 (3) of the Constitution; and whether or not it was referred to the relevant Portfolio Committee in terms of the Standing Orders.  If not, when will it be so referred?

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA):  Madam Speaker, the $200 million Africa Import Export Bank Facility for the bond notes is not a loan but a facility.  In this regard, the issues being asked about a loan agreement and reference to Section 300 (3) of the Constitution do not apply.

HON. MAJOME:  Hon. Madam Speaker, I wish to raise a point of privilege.  I am disappointed that the Hon. Minister is circumventing the question.  The question is clear and he is not answering the question.  I asked this question before about what he is referring to that is the $200 million Afrexim Bank loan and the Minister cleverly avoided answering the questions and avoiding the obligations in terms of the Constitution by claiming that it is not a loan but a facility.  Therefore, this question is arising from his answer then.

Yes, I get it.  He said that the $200 million Afrexim Bank loan is not a loan but a facility.  What I am asking now is, if it was not a facility. Can he then give details about the parent loan agreement that gave rise to a facility because a facility is always a facility, in terms of a loan?  A facility is something that is directly derived from a loan. So, there must be an agreement which allows facilities.  That is the question and he is not answering. I am really concerned because it does not look like the Minister is taking my question seriously.  He is deliberately avoiding it. 

          I am not asking about AFREXIM bank facility itself but I am asking about the parent loan that gave rise to the AFRIXEM bank facility.  It is very clear; we have gone through this before.  I am asking this because of what he said before.  In terms of the Constitution, there is an obligation to answer the question.

          HON. DR. MADE: Madam Speaker, it is very clear in the response and the Hon. Member acknowledges that the question has been answered.  If she has a new question, certainly, there is no harm in the Hon. Member restating the question in the manner she is restating it so that the Minister can answer.

          THE TEMPORARY SPEAKER: Hon. Majome, I think the question has been answered but if you want precisely the other way of questioning, then you can write another question.

          HON. MAJOME: Hon. Speaker, as a Member of Parliament, I was elected by my constituents to represent them.  This is a very important issue.  I think it is unfair for Ministers to avoid questions.  The Minister of Finance and Economic Development was in this House and I  asked him a question about the US$200 million AFRIXEM Bank loan and the Minister said it is not a loan, it is a facility.  So, exactly what the Minister said is what he said about the US$2    00 million AFRIXEM Bank facility. 

Now, this question is not about that. The Acting Minister of Finance, Hon. Made should not give me an answer that he gave me about the US$200 million AFRIXEM Bank facility.  I want an answer about the parent loan that gave rise to that facility.  He said I should put it in writing but this is what is there in writing on the Order Paper, I do not know what part of writing it is that the Minister does not get. The Minister cannot avoid answering; he has an obligation in terms of the Constitution to answer this question.  So, can he please now answer it?

THE TEMPORARY SPEAKER: Hon. Minister could you answer the question now or you need more time to research? 

HON. DR. MADE: I know that the Hon. Member might want to give the position in that.  The answer that I have given, I have responded - to be very honest.  Thank you.

THE TEMPORARY SPEAKER: Hon. Majome, I think you can then write another question elaborating the specific question.

HON. MAJOME: Madam Speaker it is not possible to elaborate.  I do not know what part of the question the Minister does not understand.    This is a point of privilege Hon. Madam Speaker.  This is an evasion of the question. This is an answer that he gave in relation to the US$200million AFRIXEM Bank facility.  My question is not about the facility, it is about the parent loan that gave rise to the facility. 

Madam Speaker, if you go to your bank and you have an agreement with your bank, you can get a loan and it is in agreement with your bank but pursuant to that loan agreement, your bank can give you a facility to draw from time to time.  So, I am not asking about that facility, I am asking about that original, the base agreement that allows them to get that facility.  It is in writing Madam Speaker, it is so clear.  I do not know what I can further elaborate.  If the Minister does not want to respond to the question, that is fine but not to pretend - I cannot write it over and over again.  It is very clear. 

THE TEMPORARY SPEAKER: I will refer back the question to the Minister so that they can do another research on the question to be able to respond on the requirement by the Hon. Member.

FERTILIZER FOR MR. GODFREY TICHARWA VAMBE

5. HON.  MAJOME asked the Minister of Finance and Economic Development to inform the House when Treasury will release funds for payment to Mr. Godfrey Ticharwa Vambe for his five tonnes of ammonium Nitrate Fertilizer that he bought in 2008 from the Grain Marketing Board (GMB) depot in Harare under the Reserve Bank of Zimbabwe Input Scheme.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR MADE) on behalf of  THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): Madam Speaker, I would appreciate if the Hon. Member could furnish me with more details so that I can take it up and facilitate the payment being sought.  I thank you.

HON. MAJOME: Madam Speaker, I rise also to raise a point of privilege.  I originally asked this question to the Hon. Minister of Agriculture who ironically is the one who is answering this question on behalf of the Minister of Finance.  I am sure, even as he is Acting as the Minister of Finance, he is the same Minister who said he will not answer that question; he will only make that money available to Mr. Vambe when Treasury avails that money and I should ask the Minister of Finance. 

Now, I ask the Minister of Finance, he comes back with another cloak, he says, oh, he should get more detail and as the Minister of Agriculture, he knows about this. He even got a copy of the letter of Mr. Chitarwa Godfrey Vambe who did not get his inputs since 2008.  Surely, I do not know what details he wants because I have been tossed from pillar to post and this is very disrespectful. 

This is a constituent who has been waiting for his maize, he gave money to the GMB, the Minister of Agriculture says, I do not know, ask the Minister of Finance.  I ask the Minister of Finance with details, he says I should give him more details and he is the same person, by the way.

HON. DR. MADE: I think Madam Speaker, with all fairness, I am responding on behalf of the Minister of Finance, to be very frank.  I have responded to the Hon. Member as Minister of Finance for her to give me more details.  I do not think we should confuse and say the same person standing there is the Minister of Agriculture, that is not fair.  I thank you.

THE TEMPORARY CHAIR: Hon. Dr.  Made, right now, is standing as the Minister of Finance and the response that he has given you is adequate in accordance with the Ministry that he is representing. You must furnish them with more details in order for them to respond.

HON. MAJOME: Hon. Speaker, can I get your help to ask the Acting Minister of Finance to get the details from the Minister of Agriculture who has those details because this is a question that I asked him – he has those details.  The Minister of Agriculture referred me to the Minister of Finance, so through your help, can you please ask him to get those details from the Minister of Agriculture, including the letter to the G.M.B that I gave him.

THE TEMPORARY SPEAKER: Hon. Majome, I do not think it is workable for the other Ministry to give instruction to another Ministry; you are the Member of Parliament representing the constituency.  You can go to the Ministry and get the details then you can furnish the Ministry of Finance with details that you have in order for them to give you a response.

HON. MLISWA: On a point of order! Madam Speaker, with due respect, I understand and appreciate Hon. Minister Made’s response that he is not the Minister of Finance.  In so doing it becomes very difficult for him to answer other questions, so what is the point of us continuing asking him questions.  We must be very clear on this. what does the Constitution say when one is Acting, he must be able to be conversant with whatever he is going to say and to me it is pretty clear that the Minister is not the one responsible for Finance and Economic Development but for Agriculture.

 So, it is equally important and I wish the Deputy Minister of Finance was here to respond because he under studies.  What is the Deputy Minister of Finance doing if he is not here because when Minister Made in Agriculture is not here, Hon. P. Zhanda is here or Hon. Mharapara is here?  So, what is the role of the Deputy Minister? This just creates a whole lot of problems which exposes our Executive at the end of the day.  This is a total waste of tax payer’s money where we expect people to be able to be answerable to Parliament.  We cannot take this lightly, if the Minister is not here to respond and he is in charge of that Ministry, it is recommended that you actually suspend or your defer those questions to another date when the responsible Minister is here because this is an absolute waste of time.  I have no time to be here listening to an Acting Minister who cannot answer  things adequately.

THE TEMPORARY SPEAKER (HON. DZIVA): There is no point of order here Hon. Mliswa.  Hon. Minister Made has given a response from a technical side of the Ministry.  It is in writing, that is why we said submit it because it is written.  He can respond to all the financial questions that are arising.  He is very competent in that Ministry and he can respond to all questions.

POLICY ON BUSINESS PEOPLE BANKING DAILY TAKINGS FROM SALES

          6.  HON. A. MNANGAGWA asked the Minister of Finance and Economic Development to explain the policy that compels the business people in retail shops, wholesales and others to bank their daily takings from sales with the banks in order to ease the financial cash shortages that the country is currently faced with.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): Madam Speaker, I want to thank the Hon. Member.  The policy set out under the Bank Use Promotion Act [Chapter 24:24]. 

·       Section 10 of the Act requires all businesses to have bank accounts.

·       Section 11 requires businesses to bank all their cash receipts.

·       Section 13 requires the businesses to maintain records of their sales and what they bank on a day-to-day basis.

Madam Speaker, non-compliance with the obligations is a criminal offence that is punishable through a fine or imprisonment or both.  This law is designed as a tool to combat tax evasion and money laundering as well as to promote efficient circulation of cash in the economy through official banking channels.  The policy also discourages illicit cash dealings.

So far, the following three firms have been sentenced and fined the indicated amounts for not complying with the Bank Use Promotion Act;

·       Builders Home Hardware     -        US$17 000

·       Bathroom Boutique              -        US$9000

·       Eurostar Electricals               -        US$20 000

On behalf of the Minister of Finance and Economic Development, I thank you.

HON. MAONDERA: My supplementary question to the Acting Minister of Finance and Economic Development is that, it is well to name and shame those people who are not banking their cash.  However, we once asked in this august House that, most Ministers and Members of Parliament are running businesses and is there evidence that they are banking their cash so that the whole nation will follow suit.  It is not fair to push other businesses to bank their cash yet Ministers and Members of Parliament – I believe 90% of them who are running businesses are not banking their cash.  What assurance can you give to the nation?

HON. MADE: Hon. Speaker, I would like to thank the Hon. Member for raising the question.  I will not respond on a speculative basis.  These are very specific areas as asked.  If the Hon. Member has a specific name or company, you can put it in writing and an appropriate response will be given.  Speculatively, I think that is not fair.  Thank you.

HON. ADV. CHAMISA:  I hear what the Hon. Minister is saying that we should not be speculative.  Without speculation or equivocation, have it on good authority.  I went to ZINARA for example and not insist that they only accept cash.  Why is Government not leading by example and not insist that they only accept cash instead of allowing citizens and also lead by example so that we move to a cashless society by activating the e-platform because it is convenient for a lot of people?  However, there are circumstances where you go there, even in the registration, if you go to Immigration, they have those problems and these are Government Departments but we continue to have those problems.  Why is Government allowing this to happen?

HON. MADE: Certainly, I want to appreciate the issue as raised by Hon. Member in the supplementary question.  If there are specific areas as he has already named specific institutions, we will certainly take up the matter on those institutions named.  Indeed, it is the objective of Government that certainly, the public institutions should assist and lead by example.  Thank you. 

CONGRATULATORY MESSAGE BY ZIMBABWE ELECTRICITY SUPPLY AUTHORITY (ZESA) ON HOSTING ZANU PF PARTY CONFERENCE

          19.  HON. MAJOME asked the Minister of Energy and Power Development;

a)      to explain to the House why Zimbabwe Electricity Supply Authority (ZESA) Holdings flighted an advertisement in The Herald on 14 December, 2016 to congratulate the President of Zimbabwe for successfuly hosting his annual ZANU PF political party conference on 14 to 18 December, 2016, despite Section 196 (3) (a) of the Constitution’s requirements of public officers’ objectivity and impartiality;

b)      to state the cost of the advertisement;

c)      to state the benefit of the advertisement to electricity consumers;

d)      to inform the House whether or not the advertisement was budgeted for and for how much; and

e)      to indicate to the House whether or not ZESA will also flight advertisements to congratulate other political parties such as MDC-T and MDC for holding events.

          THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. UNDENGE): Thank you Madam Speaker.  As correctly pointed out, ZESA Holdings congratulated His Excellency, the President of the Republic of Zimbabwe on the hosting of the party’s National Conference out of respect for the Office of the President of the Republic of Zimbabwe.  The advertisement cost US$890.  Indeed, the electricity customers tend to benefit especially if one takes into account what the President has achieved in terms of securing funding from the Chinese Government for the mega projects such as Kariba Power Station Extension and Hwange Power Station Expansion.  Thanks to the relationship between ZANU PF and the Chinese Communist Party, these two projects have now managed to get much needed funding and the contribution to the economy in terms of availing a total of 900 megawatts to the economy is immeasurable. 

          ZESA Holdings includes advertisements in its annual budget and the 2016 budget was no exception.  ZESA Holdings always supports the Office and person of the President of Zimbabwe who has been duly elected by the people and whosoever assumes that office will be supported by ZESA.  ZESA is owned by the Government and the President is the Head of State and Government.  I thank you Madam Speaker.

          HON. MAJOME: Supplementary question Hon. Madam Speaker.  I notice that the Hon. Minister said that he put this advertisement to congratulate the President of ZANU PF out of respect for the Office of the President.  Is the Hon. Minister aware that the Office of the President is the office of a State President in terms of the Constitution and is not a party office?  If he is aware, why is he using the Office of the President and mixing it up with a party function?

HON. DR. UNDENGE: Madam Speaker, the most important point is that he was congratulated in his capacity as the President of Zimbabwe and Head of Government. Of course, it is a known fact that he comes from ZANU PF party and as a party, there are certain relationships which they exploit to benefit Government. I thank you Madam Speaker.

THE TEMPORARY SPEAKER (HON. DZIVA): Can you respond to Question No. 19 (e).

Hon. Adv. Chamisa having stood up to make a supplementary question.

THE TEMPORARY SPEAKER: Order Hon. Member. I just wanted to let Hon. Minister Undenge finish Question No. 19  (e) to indicate to the House whether or not ZESA will also flight adverts to congratulate other political parties such as MDC-T and MDC for holding such events. That was the other question by the Hon. Member.

HON. DR. UNDENGE: Madam Speaker, as I indicated earlier on, the congratulation was to the President and Head of Government by virtue of the fact that he holds that office. It is the person who holds that office who will be congratulated. Thank you.

HON. MAJOME: I have a follow up question Madam Speaker?

THE TEMPORARY SPEAKER: What is your follow up question?

HON. MAJOME: I need to refresh the Hon. Minister’s memory about what the advert actually says. The advert says that they congratulate Cde. Robert Gabriel Mugabe for the successful hosting of the 16th People’s Annual Conference. That clearly refers to the party. Is the 16th Annual People’s Conference a State Conference or is it a Conference of ZANU PF political party? May be he has forgotten because I have got the advert right here. Are you aware that electricity consumers are unhappy about using State funds to fund political party publicity?

THE TEMPORARY SPEAKER: I think Hon. Majome the Minister has responded to your question when he said –[HON. MEMBERS: Inaudible interjections]- Yes, the Hon. Minister has responded. Hon. Minister, can you repeat your response because I thought I heard you clearly.

HON. DR. UNDENGE: Madam Speaker, perhaps let me reiterate the answer which I gave. I mentioned that ZESA Holdings always supports the Office and person of the President of Zimbabwe who had been duly elected by the people. Whosoever assumes that office will be supported by ZESA. In this particular instance, ZESA congratulated the President for hosting a successful Annual Conference. It was in connection with that. As you know, I mentioned that the Head of State comes from ZANU PF party. I thank you.

HON. ADV. CHAMISA: I really appreciate what the Minister of Energy has said. My question to the Minister is whether he is aware that by condoning that kind of conduct, the Minister and the entity are both unconstitutional in violating the Constitution of Zimbabwe in particular, Section 194 on the basic values and principles governing public administration because these are State entities. They are not supposed to be partial in any way, either in the discharge of their duties or even in the allocation of resources that belong to the people. So, is he aware that by the mere conducts, we are infracting and tearing apart the Constitution of Zimbabwe? He has a duty to uphold the Constitution. Is he going to do anything to try and stop that conduct and behavior because it is clearly unconstitutional? Thank you Madam Speaker.

HON. DR. UNDENGE: Madam Speaker, perhaps the Hon. Member can benefit from the fact that it is not only ZEZA which congratulated the President for holding such a successful conference. A lot of private sector companies, commercial entities and ZESA is a privatised company which has its own board and the Minister does not interfere with the operations on a day to day basis. It is not a policy issue on the other hand. So, it has that decision and following on what it would have decided on. It is not something unique but it is something which is done by several commercial entities. I thank you.

THE TEMPORARY SPEAKER: Order Hon. Members, I think the Minister is clear in his response. This is the last supplementary question.

HON. P. D. SIBANDA: Hon. Minister, you are right that ZESA is an operation that has got its own board. However, it is a State owned enterprise and therefore, in terms of policy, it is guided by Government. So, the question is whether it is Government policy that you should take public resources and use them to congratulate political parties. Simply answer the question. It is your responsibility because you are the one that gives policy direction. So, it is the policy. Do not avoid the question.

- [HON. MACHINGAUTA: Musazvipamhe.] -

          THE TEMPORARY SPEAKER: Hon. Machingauta, can you withdraw what you have just said?

          HON. MACHINGAUTA: Ndinomedza zvandataura.

          THE TEMPORARY SPEAKER: Unomedza kuti chii?

          HON. MACHINGAUTA: Ndinomedza zvandataura zvekuti vasazvipamha.

          HON. DR. UNDENGE: Madam Speaker, I think I have been very clear on this matter that ZESA as a commercial entity did so respecting and congratulating the President in his capacity as the Head of Government and having done something which was commendable. Thank you.

          THE TEMPORARY SPEAKER: All supplementary questions have been exhausted. I will not allow any other.

          HON. MAONDERA: On a point of order Madam Speaker.

          THE TEMPORARY SPEAKER: What is your point of order? You address me and not the Minister.

          HON. MAONDERA: My point of order is that at some point, the Minister promised to come to this House with a ministerial statement regarding prepaid meters. How far has he done because residents are suffering and there is a lot of corruption and they are being duped of their hard earned cash? At some point, he promised to come with a response in the form of a ministerial statement and it has been a long time before we received that ministerial statement.

          THE TEMPORARY SPEAKER: The point of order was not arising but I will allow the Hon. Minister to respond when he will bring the ministerial statement.

          THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. UNDENGE): I agree with you Madam Speaker. – [HON. MEMBERS: Inaudible interjections.]-  

          THE TEMPORARY SPEAKER: Order Hon. Members. You are talking about a ministerial statement that he has to bring and he said he is agreeing to that.

          HON. DR. UNDENGE:  I will bring the ministerial statement Madam Speaker.

          HON. P. D SIBANDA:  I think it is important to follow up.  This very Hon. Minister, on 10th February 2017, he promised before this House after he was ordered to submit a Ministerial Statement pertaining to the formation of a company called Genesis, which is set to compete with Petro Trade.  To date, it is four months and three weeks down the line, the Hon. Minister has not brought that Ministerial Statement.  Therefore, I think it is important that the Hon. Minister should give us a date so we can hold him accountable. Otherwise like the Genesis one, we will wait until after the elections for the Hon. Minister to bring a Ministerial Statement.  I thank you.

          THE TEMPORARY SPEAKER:  I think Hon. Members, your points of order are not arising but I will allow the Minister to tell the House when he will be ready to bring the Ministerial Statement.        HON. DR. UNDENGE:  I will bring it when I am ready with the response.

THE TEMPORARY SPEAKER:  Hon. Maondera, withdraw your statement.

          HON. MAONDERA: I withdraw that he must just apologise and resign.

ELECTRIFICATION OF JOTSHOLO DISTRICT REGISTRY OFFICES

24. HON. M. KHUMALO asked the Minister of Energy and Power Development to inform the House when electricity supplies would be connected to the Jotsholo District Registry offices in view of the fact that quotations were done by the Ministry officials.

THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. UNDENGE): I want to thank the Hon. Member for his question.

Though quotations have been made, no payment has been received yet by ZETDC for connection fees.  However, Jotsholo Clinic tee-off 50kVA, 33/0.4KV transformer is burnt but the line is healthy and is on. At the moment, there are no replacements for burnt transformer, procurement of the transformers is in progress and supplies will be restored as soon as the transformers have been delivered. The delays in the procurement are mainly due to unavailability of foreign currency, which is being managed by the Ministry of Finance and Economic Development.

          HON. M. KHUMALO:  We are happy that they have done quotations but he mentioned that the clinic which relied on a transformer is in the district town where there is also ARDA and a lot of work is happening there.  If the transformer is not found, what is the Minister’s plans to ensure that a transformer from other sources around is put there so that the clinic and township are functional?

          HON. DR. UNDENGE: As I have already said, there is a general shortage of transformers in the country.  My Ministry and ZESA have initiated a process of ordering those transformers and importing the spares so that those transformers which can be manufactured locally will be manufactured here.  As I said earlier on, some of the transformers have been affected because of the incessant rains which we had in the past.  Some have been vandalised and in total, there is a shortage of 4000 transformers. As they will be delivered, we will prioritise areas such as clinics.  So, the Hon. Member should bear with us as it will be rectified as soon as we have the transformers.

          HON. M. KHUMALO:  I think he did not understand me.  What I am saying is that in the constituency, there are other lines that have transformers but the lines are not functional.  Can the Ministry not take a transformer that is not being used elsewhere in the constituency and put it at the clinic, which is a sensitive area?

          HON. DR. UNDENGE:  I understand what the Hon. Member is saying.  We will follow that up with the officers of ZETDC to see if there is a transformer lying idle in the area so that it is put at the clinic.  The matter will be followed up.   I thank you.

PLANS TO ENSURE TIMEOUS PAYMENT TO FARMERS

28. HON. CHISOROCHENGWE asked the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House what plans the Ministry has to ensure that farmers are timeously paid as a way of encouraging that they sell their produce to the authorised buyers such as the Grain Marketing Board (GMB) instead of withholding such produce due to cash shortages.

                THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE): I want to thank the Hon. Member and respond as follows that resources have been mobilised to pay farmers who deliver grain to the Grain Marketing Board (GMB) timeously. I am aware that in some cases though in terms of cash requirements, that might be an issue but all the farmers that have bank accounts are being paid timeously. This season we also have proof that last season it was the same. I thank you.

POLICY REGARDING REPAYMENT TO HERMISTON IRRIGATION SCHEME

29. HON. KAZEMBE asked the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House what Government policy is regarding repayment in a case scenario similar to the one at Hermiston Irrigation Scheme in Mazowe West Constituency where farmers received incomplete equipment under the Brazil facility resulting in their failure to utilize it and to further state when the farmers are expected to start honouring their repayment obligations.

          THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE): Hermiston Irrigation Scheme received a complete set of irrigation equipment. Farmers who benefited from the Brazil facility are expected to honour their repayment obligations starting from December 2016.

          HON. KAZEMBE: My supplementary question is that maybe the Minister is not aware that these people did not receive all the equipment that they require. As I am speaking right now, they cannot utilise the equipment. Initially, they did not have a transformer and now the transformer is not connected. They do not have a cable. They have had this equipment for almost a year now and it is not working. They are expected to start paying back.

          HON. DR. MADE: I think the Hon. Member very correctly is now referring to the ZESA issues. I am referring to the agriculture equipment. So, that is a matter that we can only take but otherwise as relating to the equipment from Brazil, they did receive all the equipment. The issue he is raising relates to ZESA connections which we will deal with.

WRITTEN SUBMISSIONS TO QUESTIONS WITH NOTICE

REFUSAL OF BOND NOTES BY MULTICHOICE (DSTV)

          3.  HON. CHIRISA asked the Minister of Finance Economic Development what steps the Ministry is taking over the issue of refusal by Multichoice (DSTV) Zimbabwe to accept bond notes from customers for their monthly subscriptions.

          THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA):  Madam Speaker, I believe the issue being raised by the Hon. Member has been overtaken by events.  As we speak, Madam Speaker, all traders are accepting payment in bond notes.

STRATEGIES TO MOBILISE RESOURCES FOR PEOPLE WITH DISABILITIES

7. HON. N. MGUNI asked the Minister of Finance and Economic Development to state what strategies the Ministry has put in place to mobilise resources to cater for the needs of persons with disabilities as required by the provisions of the Constitution.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): Thank you Madam Speaker.  I am pleased to inform this House that all efforts are being taken to ensure that budgeted resources that are due to persons with disabilities are disbursed as timeously as possible.  My Ministry has since disbursed the resources that were budgeted for the Disabled Persons Programme in the Ministry of Public Service, Labour and Social Welfare for 2017.

Members may also wish to know that disabled persons are given priority in other programmes that are under the respective Ministry’s mandate such as support to vulnerable groups under the Drought Mitigatory Programme, Health Assistance Programme and BEAM.  Treasury prioritises the release of funds to the Ministry of Public Service and Social Welfare due to the fact that most beneficiaries under this Ministry’s programmes are vulnerable and need support from the State.

CONGRATULATORY MESSAGE BY ZIMBABWE ELECTRICITY SUPPLY AUTHORITY (ZESA) ON HOSTING ZANU PF PARTY CONFERENCE

19. HON. MAJOME asked the Minister of Energy and Power Development:

a) To explain to the House why Zimbabwe Electricity Supply Authority (ZESA) Holdings flighted an advertisement in The Herald on 14 December, 2016 to congratulate the President of Zimbabwe for successfully hosting his annual ZANU PF political party conference on 14 – 18 December, 2016 despite Section 196(3)(a) of the Constitution’s requirements of public officers’ objectivity and impartiality;

(b)     To state the cost of advertisement;

(c)     To state the benefit of the advertisement to electricity consumers;

(d)To inform the House as to whether or not the advertisement was budgeted for and for how much; and

(e)     To indicate to the House whether or not ZESA will also flight advertisements to congratulate other political parties such as MDC – T and MDC for holding events. 

THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. UNDENGE): Mr. Speaker Sir, let me thank the Hon. J. Majome for raising the above questions. Allow me to respond as follows:

a) As correctly pointed out, ZESA Holdings congratulated His Excellency the President of the Republic of Zimbabwe on the hosting of the Party’s National Conference out of respect for the Office of the President of the Republic of Zimbabwe.

b)  The advert cost $890.

c)  Indeed, the electricity customers stand to benefit, especially if one takes into account what the President has achieved in terms of securing funding from the Chinese Government for the mega projects Kariba Power Station Expansion and Hwange Power Station Expansion. Thanks to the relationship between ZANU (PF) and the Chinese Communist Party.  These projects have now managed to get much needed funding and their contribution to the economy in terms of availing a total of 900MW to the economy is immeasurable.

d)  ZESA Holdings includes advertisements in its annual budgets and the 2016 Budget was no exception.

e)  ZESA Holdings always supports the Office and Person of the President of Zimbabwe who has been duly elected by the people and whosoever assumes that office will be supported by ZESA.  ZESA is owned by Government and the President is the Head of State and Government.

          Mr. Speaker Sir, some Hon. Members in this Hon. House seem to politicize anything.  It is our considered view that we would serve the electorate better by focusing on material issues.

ELECTRIFICATION OF MUZAVAZI AND MAVHUDZI SECONDARY SCHOOLS

          20.  HON. GANGARAHWE asked the Minister of Energy and Power Development to inform the House when the Rural Electrification Agency would electrify Muzavazi Secondary School in Ward 8, in Mhondoro- Mubaira Constituency.

          THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. UNDENGE):  Mr. Speaker Sir, my Ministry has recently been overwhelmed by questions from Hon. Members here who want to know when certain institutions in their respective constituencies shall be electrified.  In this regard Mr. Speaker Sir, while it is the Government’s responsibility to provide electricity to rural institutions through the Rural electrification Fund (REF), the available resources have not been enough to meet expectations, hence creating a huge backlog.

          For 2016, the REF had budgeted to receive a levy of US$63,555,000 from the REF levy.  However, only about US$36,000.000 was disbursed to the REF leaving a huge gap between what was expected and what was realised.  This reduction in the levy revenue impacts negatively on the capacity by the REF to execute planned projects.

          Currently REF has been implementing the Rural Electrification Program in consultation with Rural District Councils and their Provincial Administrators in coming up with priority projects  -considering the cost of the project to be involved, equity distribution within the provinces and resource availability.

          It must be noted that REF is in the process of finalising a Rural Energy Master Plan (REMP) which will act as a guide in implementing the Rural Electrification program.  The Master Plan will consider factors such as resource availability, equitable distribution thereof and economic factors.

          Once the Rural Energy Master Plan has been finalised, Members may engage the Rural Electrification Fund’s Provincial Offices for details regarding electrification of various institutions of interest to them.  It is unproductive for me to be responding to repetitive questions regarding the electrification of thousands of rural schools, clinics, business centres, community centres, farms and villages nationwide.

          However, Mr Speaker Sir, allow me to advise Hon Gangarahwe that the Rural Electrification Fund has no plans to electrify both Mavhudzi Secondary School in Ward 8 and Muzavazi Secondary Schools in ward 27 this year.  As such, the schools will be considered for electrification under the new Rural Energy Master Plan, once finalised.  I thank you.

          Questions Witht Notice were interrupted by THE TEMPORARY SPEAKER, in terms of Standing Order Number 64.

MOTION

BUSINESS OF THE HOUSE

          HON. MATUKE: I move that Orders of the Day, Numbers 1 to 24 on today’s Order Paper be stood over until Order of the Day, Number 25 has been disposed of.

          HON. MUKWANGWARIWA: I second.

          Motion put and agreed to.

MOTION

FIRST REPORT OF THE PORTFOLIO COMMITTEE ON MINES AND ENERGY ON THE CONSOLIDATION OF DIAMOND MINING COMPANIES

          Twenty Fifth Order read: Adjourned debate on motion on the First Report of the Portfolio Committee on Mines and Energy on the Consolidation of Diamond Mining Companies.

          Question again proposed.

          THE MINISTER OF MINES AND MINING DEVELOPMENT (HON. W. CHIDHAKWA):  Following a Parliamentary Portfolio Committee on Mines and Energy report dated 6th April, 2017 which was presented to the Fourth Session of the Eighth Parliament on the same date and a letter to the Minister of Mines and Mining Development dated 30th May, 2017 responses to the Committee report are presented below.

          Zimbabwe Consolidated Diamond Company was formed following the March 2015 Government pronouncement to consolidate all diamond mining companies in Zimbabwe to form a wholly owned Government company. The Government’s objective was to ensure that there would  be transparency, accountability, optimal commercial exploitation and viable marketing of Zimbabwe’s diamonds.

          Government’s first step in the consolidation process involved consultations with eight diamond producers and their shareholders at that time. The consultative meetings were meant to seek the consent of these former diamond producers to participate in the envisaged consolidation of their companies, concessions and operations. There was however no consensus for Government’s consolidation proposal with the exception of Marange Resources (Pvt) Ltd which was in full support of the Government’s policy.

          At the same time, the special grants which formed the basis of the former diamond producers operations in Chiadzwa had since expired in June 2015 save for the DTZ one which expired in June 2016. In light of this, the Government on 22 February 2016 wrote to all the diamond producers in Chiadzwa advising them that their special grants had since expired and would not be renewed. They were instructed to immediately stop their operation and given 90 days to remove their equipment from the concession areas.

          The Ministry of Mines and Mining Development issued ZCDC with a Special Grant 6026 on 22 February 2016 which covered all the concessions mined by the former diamond producers as well as new areas, current and future thus vesting the mining rights on ZCDC. ZCDC commenced operations in former Marange Resources concession in March 2016. In addition to Marange Resources operations, ZCDC also started operations by way of evaluation of the resource in Gye Nyame Resources formerly Kusena Diamonds (Ltd) Concessions as these two companies were dormant due to inadequate funding being invested in them.

          ZCDC is currently undertaking exploration work in these concessions. Regarding Kusena and Gye Nyame, ZCDC will engage ZMDC to discuss the acquisition framework. For Marange Resources, ZCDC has since entered into asset purchase and lease agreements. The foreign shareholders in Diamond Mining Corporation (DMC) offered to sell their shareholding to the Government of Zimbabwe to allow ZCDC to access and undertake mining operations in the former DMC concession.  Government agreed to this and shares were sold to ZMDC.  After the initial payments of the shares were made to DMC by Government in April 2016, ZCDC started mining operations at the former DMC concession, which we now call Portal Q. 

DTZ OZGEO Foreign Shareholders also expressed their wish to sell their shares to the Government of Zimbabwe and negotiations for this transaction were concluded in May, 2017.  ZCDC has since fully paid for the foreign shareholder shares, giving it full access to the former diamond miners assets, that is, DTCZ OZGEO including the processing plant.  Following this acquisition, ZCDC commissioned the plant on 9 June, 2017 and is currently conducting exploration and evaluation of the conglomerate ore resource that is in that area.  Mining of the conglomerate is thus expected or set to commence in July, 2017. 

The remaining companies, Mbada, Jinan Mining and Anjin Investments challenged the Government consolidation process and instituted legal proceedings against the non-renewal of their special grants, as well as the Government’s instruction for them to cease their mining operations.  Litigation with Anjin and Mbada is continuing in the courts.  Regarding Jinan however, the Government concluded the agreement in April 2017, whereby the foreign investor AFECC has been allowed to remove their assets from Zimbabwe, thereby availing the concession to ZCDC’s operations.

Structure of ZCDC

Following the need to have corporate independence and reclaim its identity, in April 2017, ZCDC relocated from offices it rented from Marange Resources to its new registered address, 35-37 Cosham Road, Borrowdale.  The company will hold an Annual General Meeting (AGM) in July 2017, in which ZMDC, as well as the Government nominees and the Ministries of Finance and Economic Development and Mines and Mining Development will attend the AGM.

The operations of ZCDC are based on Special Grant Number 6026, which was issued to it by the Ministry of Mines and Mining Development on 22 February, 2016.  The special grant covers an area of approximately 795 800 hectares in the mining district of Manicaland, vests mineral rights on ZCDC and allows ZCDC to carry out mining operations for diamonds and alluvial gold.  The special grant is valid for 36 months and is renewable every 36 months.  In order to improve compliance monitoring, the organisation has put in place a compliance register which covers statutory regulatory compliance, KPC compliance, as well as IT licences compliance.

Corporate Governance

          ZCDC’s thrust is to operate within the laws of Zimbabwe and to adopt best practices, tenets and auspices of the King Report on Corporate Governance for South Africa (King IV) and the National Code of Corporate Governance in Zimbabwe.  In terms of the corporate governance, the board of directors is currently composed of four members, although in terms of the Memorandum of Articles of Incorporation of the association, a minimum of two board members is required and this number can be increased to a maximum of eight.  In terms of the Companies Act and the Articles of the Company, the board in its current form is compliant. 

          Mrs. S. Chella is a Non-Executive Director and Chair of the board.  Mr. Mukwekwezeke, Non-Executive Director and Mr. Muwisha, Non-Executive Director, Mr. Chiadzwa, Non-Executive Director.  The board also established five standing board committees namely:  the Strategy and Investment Committee, Technical Committee, Finance Committee, Audit and Risk Committee and Human Resources and Remuneration Committee to assist in its effective discharge of its duties. 

Following the recent assignment of the Permanent Secretaries by His Excellency, the President of the Republic of Zimbabwe, the Minister of Mines and Mining Development is seized with the appointment of additional members and a new chairperson in line with the provisions of the law.  The new chairperson is Mrs. Chella.  The Ministry of Mines and Mining Development will oversee the operations of ZCDC through ZMDC, as well as the Permanent Secretary as the regulator.  Madam Speaker, let me clarify this.  There was concern at the level of the committee that the ownership of ZCDC is not clear.  ZCDC is owned by ZMDC and ZMDC is a corporate body established by an Act of Parliament.  That is the ownership of ZCDC through ZMDC which is wholly owned by the Government of Zimbabwe.

The new Permanent Secretary will not be a member of ZCDC. I have already discussed this matter with him.  He will play his regulatory role and leave the issues of running ZCDC to the board members.  This will ensure transparency and independence of the Ministry as recommended by the Parliamentary Portfolio Committee and its compliance with best practice corporate governance.  A substantive Chief Executive Officer, Dr. M.B. Mpofu, on secondment from the Reserve Bank of Zimbabwe was appointed in March 2017.  This has brought about stability in the organisation.  The Mineral Resources Executive who was in acting capacity was assessed by the board and confirmed with effect from 1st June, 2017.  ZCDC was incorporated under the Companies Act and is owned by ZMDC.

Diamond Production at Chiadzwa

Madam Speaker, let me preface this paragraph by saying, for 12 months we were only able to go into two concessions and all the other concessions were subjudice and therefore we could not operate in all the other concessions; Mbada Concession, Jinan Concession and Anjin Concession.  We could not go there to operate because the court cases were still running.  However, I would want to say to you that the only court cases that remain is a constitutional court case in respect of Anjin and an appeal by Mbada. 

To date, the company has already surpassed its previous year’s production producing 1,039,925 carats in five and half months up to 18 June, 2017 against a total of 961,000 carats produced in 2016.  Annual production is expected to increase by 150% to 2.4 million carats for the full year of 2017.  For the comfort of Members of Parliament, I now get figures of production at the end of the day from Chiadzwa.  At the end of the week, we declare figures to the Minister of Finance and Economic Development and the Reserve Bank of Zimbabwe.  So, every week we have got figures that are picked up by the Ministry of Finance and Economic Development. 

ZCDC has transformed its diamond mining model from an alluvial based model adopted by most of the former miners to a conglomerate mining business model which requires more intensive investment to unlock significant and sustainable diamond value for the nation.  ZCDC’s future is premised on sustainable conglomerate mining with probable resource estimates totaling 16.8 million tonnes of diamondferous ore in portals A and B (ex-Mbada and ex-Marange respectively) having been identified and earmarked for mining.  Another 21.8 million tonnes of conglomerate ore resource to be mined from Portal E, which is ex-DTZ, while DTZ OZGEO claims this resource to be proven, ZCDC  geologists are yet to confirm this assertion.  So that is the 21.8 tonnes of conglomerate material.

          The company is currently mining on three concessions, Portal A, B and E i.e. former Mbada, Marange and DTZ-OZGEO concessions, respectively.  The target for this month has not been written here but the target for this month to the end of June is 235 000 carats.  We have already mined one million carats that are sitting with the Reserve Bank of Zimbabwe as collateral security for the loan financing that we have received from the Reserve Bank of Zimbabwe.

          The ZCDC strategic Business Units are shown in the structure below and I have submitted this for the comfort of Members of Parliament so that you know what is going on in terms of the structure of ZCDC.  We have tried to ensure that that structure conforms with internationally established diamond mining companies. (Please see chart on Page 9 of 32 of the report.)

EXPLORATION AND EVALUATION

          Exploration and evaluation work was implemented to guide the mining operations in planning and production over the entire mine life.  The organisation has 300 million tonnes of ore containing 200 million carats all in the inferred category of ore resource classification, whose confidence level is currently about 20%.  We are working now to improve the confidence levels.  The 300 million tonnes comprise 20% alluvial and 80% conglomerate ores.

          The diamond ore resources has been in the inferred category because geology was not able to carry out the evaluation work to upgrade ore resource to high confidence levels ahead of the production due to inadequate human and  financial resources.  This slowed down the process of developing systematic, coherent, cost effective and sustainable mining methods, owing to the lack of dedicated earth moving equipment for ore resource evaluation work.  Lack of up-to-date geological modeling software for information processing, generation of geological models for production planning and resource estimation greatly affected the performance of ZCDC in 2016.  In 2017 following the capitalisation of ZCDC by Government of Zimbabwe and adoption of its new business model, a structured ore resource evaluation approach has been designed which entails the use of geophysics surveys to identify potential mineralised zones ahead of diamond drilling and reverse circulation drilling to confirm the existence of such zones. 

          Geophysical surveys have already been undertaken at Chiadzwa.  Geophysics surveys enable the evaluation of work to focus on resources on potential targets which is both cost-effective and allows for effective utilisation of time.  Let me just say that I am on record as having said the companies that were mining in Chiadzwa were not exploration ahead of mining.  They were doing exploration with mining and the instruction that we gave to ZCDC is precisely that they must establish a resource and they must have a pre-feasibility study which then identifies the mining methods because the size of the ore body, the nature of the ore body will determine the methods of mining that are required and that is exactly what they are doing and that is what is contained here.

          INVESTMENT IN EXPLORATION AND EVALUATION

          US$5.6 million budget featuring a full complement of geological equipment requirements has been provided to purchase diamond drilling rigs, reverse circulation rigs, dump trucks, excavators, front end loaders, geology software and revival of sampling plants in all operational portals.  The equipment is currently on order and awaiting payment and delivery.  ZCDC has further recruited senior experienced exploration geologists and plans are underway to complement the skills by engaging a geophysicist.

          Let me just say when I say waiting payment, I mean we have to have the foreign currency in order to make the payment effective for external payments – that is what we are waiting for.  The money is in our account to make the payments.

          In the second half of 2017, 16 million tonnes of ore containing 10 million carats will be evaluated to increase confidence levels from the current 20% to 85%.  The remainder will be evaluated over the medium to long term.  In addition, the services of geological consultants will be engaged to provide framework and guidance of the ore resource evaluation work to be compliant with international standards of reporting exploration mineral results such as SAMREC and JORC for production and bankable ore reserve and resource statements.

          Exploration and evaluation work outside the diamond portals and alluvial gold is being outsourced to exploration organisations fully resourced for the task as part of futuristic ore resource building.  I have provided a table that outlines the ore body that is on each of the portals and the confidence levels, grades and the gem content in the areas. (Please see chart on Page 12 of 32 of the report.)

          ARTISANAL MINING MODEL

          The issue of artisanal miners is noted.  It is imperative that benchmarking is done and extensive consultation with various stakeholders is undertaken to establish a framework to guide the establishment of a model appropriate for Zimbabwe.  With the depletion of alluvial diamonds and subsequent adoption of the conglomerate mining model, there is need to re-evaluate the feasibility of incorporating artisanal mining in Zimbabwe’s diamond sector.  Of importance, is the need for a legal framework, a security model and input from international diamond industry stakeholders.

          Hon. Members, I hear the issue of can we not allow artisanal miners in diamond mining in Chiadzwa?  I think that if you look at the structures of most countries, artisanal miners are found in Sierra Leone in the Manair River, in northern part of Angola; elsewhere diamonds are not done in that manner and because our alluvial diamonds which are usually the object of artisanal miners are towards the end, there is really no need for us to create an expectation in people and saying you will go and mine diamonds when they are towards the end.  The conglomerate diamond mining that is currently the programme that we are working on is not an easy way of mining diamonds.  The kimberlite diamond mining requires a lot of resources and I would suggest because of the …

          THE HON. TEMPORARY SPEAKER:  Order, order Hon. Minister may you please address the Chair.

          HON. W. CHIDHAKWA:  Because of the need for security that goes with diamonds, if there is a mineral that I have seen that is so difficult to manage Madam Speaker, it is diamonds.  You have a parcel here with gem quality, you have near gem quality and industrial, if you want to upset the pricing structure of this parcel.  You can just take away five pieces of gems and the whole structure changes – that is how difficult it is.  You cannot put $5 million in suitcase but you can put five million worth of diamonds in your pocket and move away – depending on the quality of those diamonds.  So the issues of security come into play.  I think if we want security and stability of this country, let us allow gold miners in everything else but in diamonds, I think that is recipe for disaster.

          OPERATIONAL CAPACITY OF ZCDC

          ZCDC is in a sound financial position after having been capitalised by its shareholder to the tune of $80 million through Treasury Bills which will be used to enhance operational capacity.  Part of this amount has already been invested towards capacity enhancement initiatives aimed at ensuring organizational stability, growth and sustainability in line with ZCDC business model.

          The company also secured $23 million of CAPEX from the RBZ of Zimbabwe as well as US$35 million of loan to purchase equipment from Belarus, you ‘have already started seeing some of the equipment that has entered the country.  We expect 21 of those 55 toners to come into the country and they will enhance our capacity to move earth in a very significant way.

          Plant capacity – a total investment of US$154 is available for ZCDC.  Security enhancement – security is one of the key aspects.  ZCDC has invested in security to ensure that illicit diamond outflows that compromise compliance with Kimberly process certification scheme are curtailed.  Between February 2016 and June 2017, significant transformation has taken place in ZCDC security framework.  The transformation includes the appointment of the security executive, managers and so on and so forth.  We have put in CCTV monitoring systems, we are expecting a drone that will be flying over Marange, 24 hours a day and it will be sending information to a central position where cameras will see what is happening in the entire area of Marange.  So that should be coming on the 24th of June, 2017.

          Security has also to do with the people and we have been talking to ensure we agree on how to gratify the people of Marange so that they participate in securing the area. 

          Cleaning and sorting – we have brought in new technologies for cleaning and sorting the diamond and I want you to know that in the last three weeks, as a result of the cleaning that has been taking place, the near germ to germ has increased from 12% to about 41%, so that for us is a very good thing. 

          Diamond Marketing – we are not selling diamonds at the moment but when we start, we will go back to the auction and we will ensure that the auction is run as expected. It was run by a company called First Element and their contract expired and it will now be run by MMCZ and a new team to be established.  We are establishing a gemology center in Mutare; we have already secured a piece of land in Fan Valley where we will build a gemology centre. I also want this House to know that we also have been offered a gemology centre by the Indian Government which, after my visit to India, we have had discussion and we will have a gemology centre set in Mutare. 

          Relocating the people – we know that there are people who have not yet been relocated from Marange who are still being affected very negatively by the operations there and we are building new houses and we are finalising  the ones that had been built by the companies so that we continue the relocation of people.

          I also want to say that in that relocation programme, we will be providing housing water, education, agriculture, security and youth’s employment by way of project that the people can undertake. I also want to assure this House that US$10 million was promised by the companies to the people of Marange, it was not lived up to and we have said to the company that as soon as funds are coming and the company is operating at a profit, we need to honour that issue.

 The rest of the issue has to do with the skills mix of our people, how many engineers because there were questions asked by the Parliamentary Committee, how many technicians we have.  I have all the figures here (please see chart on page 20 of the report) their qualifications, it is all contained in this document that I wish, Madam Speaker to lay I before the House as my response to the report by the Parliamentary Committee on Mines and Energy.  I thank you.

HON. MUNENGAMI: On a point of order! I do not know what Hon. Matuke might want us to do in terms of adjournment of the House but I have got an issue.  I am a Member of the Committee on Mines and Energy and I want to raise a complaint, not to the Minister but to the Administration of Parliament.  I do not know whether it is a deliberate effort or it was deliberate effort for them to allow the Minister to bring his report in response to the Committee on Mines and Energy.  I think next time, what is needed to be done Hon. Minister is whenever a Minister, whether it might be Hon. Chidhakwa or any other Minister for that matter, it is important for the Committee which oversights that particular Ministry to be notified to say that the Minister is going to give a report.  We presented our report, it is about two or three months now, and we do not have that report in order for us to cross check for reference purposes on when the Minister will be making a report.

So, I think it is important for us to be given that notification so that at least we can bring the report, we refer to the response on what the Minister will be doing, so that at least we will be on the same level with the Minister.  As of now, the Minister has given us, maybe it might be a very good report, it might be a bad response, whatever but at the end of the day, we do not have the report to cross check on the responses which the Minister has brought to us.  I think that is the complaint which I just wanted to raise.

Secondly, now that the Minister has presented the report to us, like what I said again, I do not know what Hon. Matuke’s intentions are? Is he going to ask for the adjournment of the House? If so, how are we going to respond, for example I have got so many issues which I wanted the Minister to respond to.  We have got some issues which we wanted the Minister to respond.  So those are the two issues which I thought maybe before Hon. Matuke could have said whatever he wanted to say, in as far as the adjournment of the House, maybe I might be wrong but I just seek your clarification.

THE TEMPORARY SPEAKER: Hon. Mnengami, usually when the Minister gives a response, it is after the debates have been done.  So, the report was there and people were debating, so it is not the administration that can push people to debate on the report but you as Members of Parliament and your Committee Chairperson can always be lobbying for your report to be debated at any time. 

Now, that the Minister has responded, it is the Chairperson of the Committee that will respond to the issues that the Minister has raised.

HON. MUNENGAMI: I have heard what you have said, Hon. Speaker and I am not even arguing but my issue was for example, let us say today, maybe our Chairperson was around, he might also have wanted to respond but the unfortunate part of it is that he might not have his own report in order for him to allow to cross check or to reference responses to the Minister.  I think in future, it is very important to allow the Committee to know when the Minister is going to respond in order for them to be prepared to make some responses to the report that the Minister would have presented.

THE ACTING SPEAKER: I hear you Hon. Member, but the Chairperson still has the time to respond to the Minister because we are not adopting the report by the Minister.  This gives him even more time to do it. 

I want to appreciate and applaud the Members of Parliament from Swaziland for their dedication and commitment in serving the people.  They have been in Parliament when we started and they are still here, showing that they are very responsible Members of Parliament and I wish our Members of Parliament can copy the standard and values that they represent.  I really want to appreciate them – [HON. MEMBERS: Hear, hear.] –

HON. MUNENGAMI: I Just have one wish Hon. Speaker.  For example when we presented the report to Parliament, I never debated on it – [HON. RUNGANI: Where were you?] – Chief Whip muri mai vangu ndokudai zvisingamboiti…

THE ACTING SPEAKER: Order Hon. Members.  Hon. Munengami…

HON. MUNENGAMI: Sorry Hon. Speaker.  My question which I want to raise is; because I did not manage to debate, can I be allowed to debate now? – [HON. MEMBERS: Inaudible interjections.] –

THE ACTING SPEAKER: Order Hon. Members.

Hon. Mukwangwariwa having been speaking.

THE ACTING SPEAKER: Hon. Mukwangwariwa, I am the Speaker of Parliament – [HON. MAONDERA: And hamusisina quorum futi.] - Order Hon. Member, can you please sit down.  I am happy that Hon. Munengami is a law student and you really understand that in law, we deal with certain procedures and values.  So, with what has already happened, we can only resolve it for other reports but you can no longer debate on the motion.

HON. MUNENGAMI: Why – [HON. MEMBERS: Inaudible interjections.] –

THE ACTING SPEAKER: It is according to the procedure of Parliament. 

HON. MATUKE: Madam Speaker, I move that the debate do now adjourn.

HON. MUKWANGWARIWA: I second.

Motion put and agreed to.

Debate to resume: Thursday, 22nd June, 2017.

On the motion of HON. MATUKE, seconded by HON. MPARIWA, the National Assembly adjourned at Twenty Eight Minutes Past Five o’clock p.m. 

 

 

 

 

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National Assembly Hansard NATIONAL ASSEMBLY HANSARD 21 JUNE 2017 VOL 43 NO 72