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NATIONAL ASSEMBLY VOTES 03 FEBRUARY 2016 NO 30

                                   ADVANCE COPY- UNCORRECTED

No. 30

 

 

PARLIAMENT

 

                            OF                           

 

ZIMBABWE

_________________

                          

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

THIRD SESSION – EIGHTH PARLIAMENT

 

_________________

 

WEDNESDAY, 3RD FEBRUARY, 2016

_________________

 

Quarter past two o’clock pm.

The Speaker in the Chair.

 

Prayers

 

 

Members Present

Banda T;

Beremauro G;

Bhebhe A;

Budha - Masara

Bunjira R

Chakona P

Chamisa N

Chapfika D

Chasi F

Chibagu G

Chibaya A

Chidavaenzi E

Chidhakwa S

Chigudu M

Chikomba L

Chikuni E

Chimanikire G

Chimedza P Dr

Chimwamurombe A

Chinanzvavana C

Chingosho C.P.M

Chinomona M M

Chipanga K

Chipato A

Chirisa F

Chitindi C

Chitura L

Chivamba K

Chiwa D

Chiwetu J Z

Chombo I M.C

Cross E G

Damasane S A.E;

Dhewa W

Dokora L D K

Dube S

Dziva T M

Gabbuza J.G.

Gandawa G

Gava M

Gezi T

Goche N

Gumbo E.

Gumbo J.M

Gumbo S

Gwanetsa K K

Guzha N.K.

Haritatos P

Hlongwane M

Holder J

Hungwa G

Hungwe O.S.

Jaboon J

Kadungure D A

Kagonye P

Kanhanga E W

Karoro D

Kasukuwere S

Katsiru L.

Kaundikiza M

Kazembe K

Khanye N

Khumalo T

Khupe T

Kuruneri C

Kwaramba G

Labode M R

Mabuwa C

Machingauta C

Machingura R

Mackenzie I

Madanha M

Maduza T.

Made J.M.

Madondo T

Madubeko J

Madzinga P

Mahiya M

Mahoka S

Majaya B

Makoni R R

Makonya J

Makunde T

Makweya M

Mandipaka O

Mangami D

Mangwende S

Maondera W

Mapiki J

Maridadi J

Marumahoko R

Masamvu L

Mashakada T

Mashange W

Mashayamombe S

Mashonganyika D

Masiya D

Masuku P

Matambanadzo M

Matangaidze T

Matangira T R

Mataruse P

Matienga M

Matimba K M

Matsunga S.

Matuke L

Mavenyengwa R

Mawere M D V

Mawere M RN S

Maziwisa P.

Mbwembwe E

Mguni O

Mguni N.

Mhere E

Mhlanga N J

Mhona F T

Misihairambwi P M

Mkandla M

Mlambo W B.J;

Mlilo N.

Mnangagwa A.

Mnangagwa E

Moyo L

Mpala M.

Mpariwa P

Mpofu B

Mpofu M M

Mpofu R

Mpofu S

Mtingwende T

Muchenje F

Muchenje M S

Muchinguri O

Mudambo T

Mudarikwa S

Mudau M

Muderedzwa R

Mudzuri E

Mudyiwa M.

Mufunga A

Mugidho M.

Mukanduri S T

Munochinzwa M

Musabayana D.

Mukupe T.

Mukwangwariwa F G

Mukwena R

Munengami F

Munochinzwa M.

Mupereri V.

Mupfumi I F

Murai E

Musanhi K S

Mushohwe C

Musiiwa A

Musundire A L

Musvaire W

Mutezo M

Mutomba W

Mutseyami P C

Muzenda T M

Muzondiwa E S

Ncube D M

Ncube G M

Ncube H

Ncube O

Ncube S

Ndebele A

Ndhlovu Alice

Ndhlovu Annastancia

Ndlovu D M;

Ndlovu M S

Ndlovu N

Ndoro L F

Nduna D

Nguni S R

Nhambu B.

Nhema C F.D.;

Nkatazo M M

Nkomo Malachi

Nleya L

Nyamupinga B B

Nyanhongo M

Nyere C

Paradza K

Passade J

Pedzisai I

Pemhenayi B

Phiri F P

Porusingazi E

Rudzirwayi J M

Runesu B

Rungani A

Ruvai E

Sansole T W

Saruwaka T J.L.;

Savanhu T

Seremwe B.

Shamu W K

Shongedza E

Shumba K D

Sibanda D P

Sibanda L

Sibanda Z

Sithole G K

Simbanegavi Y

Sindi C

Tarusenga U D

Thembani S Z

Toffa J

Tongofa M

Tshuma D

Tshuma J.

Tsomondo C

Uta K.

Vutete M

Wadyajena J M

Watson N J

Zemura L

Zhou P

Zhou T

Zindi I

Ziyambi Z

Zvidzai S

 

In attendance in terms of Section 138 (2) and (3) of the Constitution

Hon Sen. Sekeramayi S.

 

 

 

 

Printed by Order of the House

 

Absent with leave

Hon Zhanda; Hon Marapira; Hon Moyo F.; Hon Wadyajena.

 

  1. Questions without Notice.
  2. Questions with Notice.
  3. On the motion of the Vice President and Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at twelve minutes to five o’clock pm.

 

                                                                                                                                 

                                                                         ADVOCATE J. F. MUDENDA,

Speaker.

 

 

___________________________________________________________________

THURDAY, 4TH FEBRUARY, 2016

 

 

notice of presentation of bill

 

The Minister of Finance and economic Development: Bill to provide for the establishment of the Zimbabwe Special Economic Zones Authority and to provide for the functions thereof,; to provide for the constitution and functions of the Special economic Zones, and the administration, control, regulatory measures and incentives in connection therewith; and to provide for matters incidental to or connected with the foregoing- Special Economic Zones Bill, (H. B. 15, 2015).

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

  1. Second Reading: Zimbabwe National Defence University Bill, (H. B. 12, 2015)-

           The Minister of Defence.

 

  1. Consideration: General Laws Amendment Bill, (H. B. 2A, 2015). The Minister of Justice, Legal and Parliamentary Affairs.

 

(Amendments in Parts I, VI, XX, CIX, CXII, CXIII, CXIV, CXV, CXVI, CXVII, and CXVIII, under consideration)

 

  1. Committee: Consideration of the Adverse Report of the Parliamentary Legal

Committee on the Criminal Procedure and Evidence Amendment Bill, (H. B. 3A,

2015) - Hon. Samkange.

 

 

 

  1. Adjourned debate on motion in reply to the Presidential Speech. (Adjourned

2nd February, 2016 Hon. Rungani).

                                            

                                                                               [Time elapsed: 9 hours 27 minutes]

 

Question proposed: That a respectful Address be presented to the                                       President of Zimbabwe as follows:-

 

May it please you, your Excellency, the President:

 

                        We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for   the speech, which you have been pleased to address to Parliament –    Hon. Mutomba.

 

  1. Adjourned debate on motion in reply to the State of the Nation Address by His

Excellency, the President of Zimbabwe (Adjourned 17th November, 2015 Hon. Rungani)

 

[Days elapsed: 18]

 

Question proposed: That this House conveys its profound gratitude to His Excellency, the President Cde R. G Mugabe for addressing a joint sitting of Parliament on the State of Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency the President, informing him of the sentiments of the House. – Hon. Mhlanga N.J.

 

  1. Tshuma D.

           Hon. Moyo L.

 

            That this House takes note of the Special Report of the Portfolio Committee on Health and Child Care on Putting Tuberculosis on the Political Agenda: The Role of Parliamentarians in Supporting Tuberculosis Councils in Zimbabwe.

 

  1. H Nduna

Hon. Mutezo

    

That the motion on the First Report of the Portfolio Committee on Transport and Infrastructure Development on the Causes of Road Carnage, which was superseded by the end of the Second Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 152 (1).

 

  1. Nduna

            Hon. Mudzuri

 

That the motion on the Second Report of the Portfolio Committee on Transport and Infrastructure Development on the Operations of the National Railways of Zimbabwe, which was superseded by the end of the Second Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 152 (1).

 

 

  1. Nduna

            Hon. Cross

 

That the motion on Mineral Exploration which was superseded by the end of

   the Second Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152(1).

 

  1. Nduna

       Hon. Mapiki

 

       That motion on the harmonisation of the Land Act and the Mines Act, which was superseded by the end of the Second Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152(1).

 

  1. H Nduna

            Hon. Muderedzwa

 

That the motion on War Shrines, which was superseded by the end of the Second Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152(1).

 

  1. H Majome

       Hon. Mubvumbi Mawere

 

     That the motion on the First Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs, which was superseded by the end of the Second Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152 (1).

 

  1. Hon Muderedzwa

Hon. Chimanikire

 

That this House takes note of the Second Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Attempted Jail Break from Chikurubi Maximum Prison. (S. C. 22, 2015).

 

  1. Hon Shamu

            Hon Zindi     

 

            That this House;

 

            COGNISANT of the fact that the Head of State and Government and Commander

in Chief of the Zimbabwe Defence Forces, President Robert Gabriel Mugabe has

played a pivotal role in the establishment, development and welfare of the Zimbabwe Defence Forces;

 

            AWARE of the fact that the Zimbabwe Security Services are a product of                             the armed liberation struggle;

 

            ACKNOWLEDGING that the Zimbabwe Security Services are the vanguard of

the country’s peace, security and sovereignty;

 

            NOTING that the Zimbabwe Security Services have maintained and contributed to

peace both within and beyond the country’s boarders through their peace keeping

missions;

 

            ALARMED by the lack of appreciation of the role the Zimbabwe Security Services

played and continue to play in the socio – political and economic development of Zimbabwe and Africa from some quarters of the local and international community;

 

            NOW THEREFORE, calls upon the heroic Zimbabwean people:

 

  • To recognise the iconic role and visionary leadership of the Commander in Chief of the Zimbabwe Defence Forces, President Robert Gabriel Mugabe;

 

  • To complement the efforts of the Zimbabwe Security Services in the socio- political and economic development of the country to improve the welfare of the Nation; and

 

  • To uphold the spirit of National Unity, peace and development.

 

           

  1. Hon Dr Mukanduri

Hon Toffa

 

            That this House takes note of the Report of the 37th Plenary Assembly of the          SADC – Parliamentary Forum, Zimbali Resort, Durban, 6th to 11th July 2015.

 

  1. H Muderedzwa

            Hon. Mutseyami

 

That this House takes note of the Report of the Portfolio Committee on Defence,

Home Affairs and Security Services Report on the Landmine Situation in

Zimbabwe. (S.C. 2, 2015)

 

 

  1. H Paradza

            Hon. misihairabwi-mushonga

 

That this House takes note of the Report of the visit to Embassies of the Republic of Zimbabwe in Addis Ababa, Ethiopia by the Portfolio Committee on Foreign Affairs from 16-19 November 2015.

 

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Immigration Department at the Forbes Border Post (S.C 20, 2015). (Reinstated 17th November, 2015 – The Minister of Finance and Economic Development)

 

[Day elapsed: 9]

           

Question proposed: That this House takes note of the First Report of          the Portfolio Committee on Defence , Home Affairs and Security Services on the Immigration Department at the Forbes Border Posts    (S.C 20, 2015) Hon. C.C Sibanda

 

  1. Adjourned debate on motion on alleged maladministration of Premier

            Medical Aid Society and call for their prosecution (Adjourned 17th             November 2015 – Hon. Rungani)  

 

[Day elapsed: 9]

 

           

Question proposed: That this House

 

           

DISTURBED by the recent revelations disclosed by a forensic audit conducted into the affairs of the Premier Medical Aid Society;

 

ALARMED that many millions of subscribers’ funds have been used to pay senior staff massive salaries and other benefits;

 

WORRIED that this occurred at a time when the Society was failing to pay service providers and other creditors on time;

 

FURTHER WORRIED that the Society’s Members were unable inter alia to access medical services, get treatment and purchase drugs;

 

CONCERNED that among those affected were Civil Servants who already suffer from the inability of the State to pay reasonable salaries and other emoluments;

 

NOW THEREFORE,             this House calls upon the Executive to;

 

  1. Immediately set in motion processes for the prosecution of all those who benefitted from this scandal;

 

  1. Take remedial action to recover the funds that were paid to those individuals who were unjustly enriched; and

 

  1. Investigate the role of the Board of the Society that was in charge of the affairs of the Society at the time of this abuse of funds and if found culpable, that prosecution be extended to former Board Members ; and

 

  1. Review present remuneration policies of the Society and bring them in line with current Government policy. Cross

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on

            Small and Medium Enterprises and Co-operatives     Development on the Role of Housing Co-operatives in the delivery of National Housing in Zimbabwe. (S.C. 13, 2015). (Reinstated 19th November 2015- Hon. Mangami)

 

[Days elapsed: 9]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Small and Medium Enterprises and Co-operatives Development on the Role, Management, and Impact of Housing Co-operatives on the delivery of National Housing in Zimbabwe. (S.C. 13, 2015). – Hon. Mangami

 

  1. Adjourned debate on motion on the First Report of the Committee on Public Accounts on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report. (S.C.1, 2015). (Adjourned 19th November 2015- Rungani)

 

[Days elapsed: 8]

 

           

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Public Accounts on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report and      Audited Accounts for the Financial years ended March 2011/ 2012,            2012/ 2013 and 2013/ 2014. (S.C.1, 2015). Hon. Mpariwa

 

  1. Adjourned debate on motion on the Report of the Pan-African Parliament Session held in Midrand, South Africa, from 4 to 18 October 2015.(Adjourned 24th November 2015- Rungani)

 

[Days elapsed: 6]

 

         Question proposed: That this House takes note of the Report of the Pan -African Parliament Session held in Midrand, South Africa, from 4th to 18th October 2015- Hon. Mnangagwa A..

 

  1. Adjourned debate on motion on the Report of the Parliament of Zimbabwe Delegation to the 9th Stop Cervical, Breast and Prostate     Cancer in Africa Conference.(Adjourned 21st October, 2015 – The      Minister of Environment, Water and Climate)

 

[Days elapsed: 13]

Question proposed: That this House takes note of the Report of the Parliament of Zimbabwe Delegation to the 9th Stop Cervical, Breast   and Prostate Cancer in Africa Conference, held from 19th to 21st July,     2015 in Nairobi, Kenya. Hon. Dr. Labode

 

  1. Adjourned debate on motion on the repeal of the Vagrancy Act (Adjourned 27th October, 2015 Rungani)

                                                                                        

 

[Days elapsed: 12]

 

That this House-

 

CONCERNED BY the increasing number of beggars, street kids, street mothers, fathers and youths at road intersections and pavements in urban areas;

 

DISTURBED by wanton abuse of alcohol and other intoxicants by the younger generation against African values and norms;

 

ALARMED by the increasing levels of prostitution in both urban areas and growth points around the country;

 

CONCERNED by the government’s inertia in addressing such abnormalities in society.

 

CONSCIOUS that the government has a constitutional duty to look after the poor and the weak and to uphold the norms of society;

 

NOW THEREFORE calls upon the Executive to;

 

(a)        Repeal such laws as the Vagrancy Act that are alien to safeguarding the     interests of the poor and the weak;

 

(b)        Introduce laws that are amenable to upholding human rights and dignity of            the underprivileged;

 

(c)        Effectively play a paternal role to such vulnerable groups in line with its     constitutional obligations;

 

(d)       Engages the services of the abundant pool of social workers from the          institutions of higher learning in order to promote reformation and             rehabilitation of social misfits for the common good.- Hon. Muderedzwa

 

  1. Adjourned debate on motion on the call for reform of legislation governing mining in Zimbabwe (Adjourned on 22nd October 2015 – Matuke)

 

[Days elapsed: 13]

 

Question proposed: That this House,

 

COGNISANT of the prevailing economic challenges that the country is    facing due, in part, to the debilitating economic sanctions and the lack of         balance of

payment support;

 

CONCERNED with the crippling de- industrialization and the prevailing low capacity utilization in the industrial sector which has severely dwindled Government revenue from taxes;

 

ACKNOWLEDGING the informalisation of the economy which has led to an

astronomical growth of the informal sector;

 

CONVINCED that the pursuit of an upward trajectory of economic revival as envisaged in the ZIMASSET economic blueprint will include, in part, the formulation of strategies to tap into the informal sector;

 

RECOGNISING that artisanal mining, which involves over 500 000 people, is a significant generator of both rural and urban livelihoods which has the potential to alleviate poverty and a tool for sustainable development thus contributing to ZIMASSET;

 

AWARE that despite its obvious benefits, the formalization of artisanal     mining is hindered by the absence of an enabling legislative framework, prohibitive levies charged by the Ministry of Mines, rural district councils, the Environmental Management Agency as well as inordinate delays in the issuance of licenses and inspections by surveyors.

 

ALSO AWARE that the formalization of the sector will enable artisanal miners to contribute towards the fiscus and will reduce incidences of diversion and smuggling of our precious mineral resources to neighbouring countries;

 

NOW THEREFORE calls upon the Executive to:

 

  • Repeal Section 3 of the Gold Trade Act which criminalises possession of gold and also imposes stiff penalties for possession and also repeal Section 365-368 of the Mines and Minerals Act which criminalises prospecting by artisanal miners.
  • Adapt to the ‘new normal’ and review the Mines and Minerals Act to include artisanal and small scale mining.
  • De-criminalise artisanal mining by creating objective, transparent and nondiscriminatory regulatory mechanisms which offer easy access to mining titles and legal production channels;
  • Create an enabling legislative framework which integrates the artisanal mining sector into the local community and encourages the investment of profits in other forms of economic activity and services. – Nduna

 

  1. Committee: To resume on the Adverse Report by the Parliamentary Legal

Committee on Statutory Instrument No. 77 of 2015 (Presidential Powers) Application of [Chapter 8:14] to Premier Medical Aid Society Regulations, 2015 published in the Gazette during the month of July 2015. (Progress Reported 28th October 2015).

 

 

  1. Committee of Supply.

 

WEDNESDAY, 10TH FEBRUARY, 2016

 

QUESTIONS FOR ORAL ANSWERS

 

  • QUESTIONS WITHOUT NOTICE.

 

*          QUESTIONS WITH NOTICE.

 

*1.     Hon. Maridadi: To ask the Minister of Finance and Economic Development how much money treasury has received ever since diamonds were discovered in Marange in terms of corporate tax and dividend.

[Transferred on 28th October 2015]

*2.       Hon Cross: To ask the Minister of Finance and Economic Development whether             the recent tours to the provinces by the First Lady were catered for by the state,         and if so to state the expenditure incurred and also if the Minister could report to        the House the extent and justification of such expenditure.

    

[Deferred from 3 February 2016]

 

*3.       Hon. Mangami: To ask the Minister of Local Government, Public Works and National Housing to explain:

 

  • The process for the payment of pensions of people who retire from councils under the Local Authorities Pension Fund (LAPF);

 

  • Why Sibanda Killion, pensioner 56110000’s pension was terminated in January 2015, despite completing forms indicating he is still alive and entitled to it.

 

[Transferred on 3rd February 2016]

 

*4.       Hon Mangami: To ask the Minister of Small and Medium Enterprises and Cooperative Development to explain how the Ministry has assisted SMEs in       mining to grow their businesses.

[Deferred from 3rd February 2016]

 

 

 

*5.       Hon Masuku P. To ask the Minister of Local Government, Public Works and       National Housing to explain the viability of Zimbabwe United Company (ZUPCO) and also, to state whether the Ministry is considering the privatisation of          the entity. To ask the Minister to further explain the benefits accruing to the       nation from ZUPCO.

 

 

*6.       Hon Chirisa: To ask the Minister of Mines and Mining Development to;

  • Explain the criterion used in the invitation and selection of bidders;
  • Explain whether the mineral licensing regime is done transparently;
  • State whether there is a provision for parliamentary revocation or veto of an exclusive exploration award

 

*7.       Hon Chirisa: To ask the Minister of Mines and Mining Development to:

  • Explain how the Ministry advises the small scale and artisanal miners of their rights and responsibilities;
  • State whether there is an integrated network of mutual accountability among various operational agencies in the mining sector.

*8.       Hon Chirisa: To ask the Minister of Mines and Mining Development to:

  • State whether the law provides for the relocation of communities including upholding of rights of members in mining communities
  • State whether the law provides for environmental protection
  • State key mechanisms that are in place to solve with disputes.

*9.       Hon Chirisa: To ask the Minister of Mines and Mining Development to     inform the House whether or not the Ministry has decentralized Executive          Authority on    the extraction of mineral ore.

 

*10.     Hon Mangami: To ask the Minister of Sport, Arts and Culture to explain how        ZIFA councilors are chosen, who presides over their choosing and what their        term of office is.

 

*11.     Hon Masuku P.: To ask the Minister of Justice, Legal and Parliamentary Affairs to explain to the House the assistance the Ministry is providing to widows who are   incapacitated to raise fees for transfers of the estate of their deceased husbands            into their names.

 

*12.     Hon Masuku P.: To ask the Minister of Justice, Legal and Parliamentary Affairs to explain the policy regarding compensation to victims of negligence within       government hospitals.

 

*13.     Hon Kanhanga: To ask the Minister of Environment Water and Climate to state when the construction of the Dande dam in Guruve would resume considering that   the project has been partially done and abandoned.

 

*14.     Hon Kanhanga: To ask the Minister of Environment, Water and Climate             whether the Ministry has approached the Joint Operations Command (JOC) for assistance to contain the current state of rampant poaching and state what results        have been yielded.  

 

*15.     Hon Kanhanga: To ask the Minister of Transport and Infrastructure        Development when the resurfacing of the Makombe to Camperdown stretch along Guruve – Mahuwe road would start considering that the stretch is only 7 km.

 

*16.     Hon Kanhanga: To ask the Minister of Public Service, Labour and Social            Services to provide an update on the outcome of the pension verification exercise          that the Ministry recently carried out, and to state whether or not it covered the             whole country and state the anomalies that were noted as regards the ghost         pensioners.

     _______________________________________________________________________

 

 

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National Assembly Votes NATIONAL ASSEMBLY VOTES 03 FEBRUARY 2016 NO 30