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NATIONAL ASSEMBLY VOTES 28 SEPTEMBER NO 07

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No. 7

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIFTH SESSION – EIGHTH PARLIAMENT

 

_________________

 

THURSDAY, 28TH SEPTEMBER, 2017

_________________

 

Quarter past two o’clock p.m.

The Acting Speaker in the Chair

 

Prayers

 

Members Present

Beremauro G;

Bhebhe A;

Budha - Masara

Chabaya B.

Chakona P

Chamisa N

Chasi F

Chibagu G

Chibaya A

Chidhakwa S

Chidhakwa W

Chigudu M

Chikuni E

Chimanikire G

Chimedza P Dr

Chimwamurombe A

Chinamasa P

Chinanzvavana C

Chinotimba J

Chipato A

Chitembwe V J

Chitura L

Chiwa D

Chiwetu J Z

Damasane S A.E;

Dutiro P.

Dube S

Dziva T M

Gabbuza J.G.

Gangarahwe G.

Gezi T

Goche N

Gonese I.T

Gumbo E.

Gumbo J.M

Gumbo S

Gwanongodza E

Hungwa  G

Jaboon J

Kachepa N

Kadungure D A

Kagonye P

Kanhanga E W

Katsiru L.

Kaundikiza M

Kazembe K

Khanye N

Khumalo M

Khumalo T

Khupe T

Labode M R

Mabuwa C

Machingauta C

Machingura R

Mackenzie I

Maduza T.

Madondo T

Madubeko J

Madzinga P

Mahiya M

Mahoka S

Majaya B

Majome F J

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

Mashonganyika D

Masiya D

Masuku P

Matambanadzo M

Matangaidze T

Mataruse P

Matienga M

Matimba K M

Matsikenyere N

Matsunga S.

Matuke L

Mawere M D V

Mawere M RN S

Mguni N.

Mhlanga N J

Mhona F T

Misihairambwi P M

Mkandla M

Mlilo N.

Mliswa P.T.

Moyo L

Mpala M.

Mpariwa P

Mpofu B

Mpofu M M

Mtingwende T

Muchenje F

Muchenje M S

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

Mupfumi I F

Musanhi K S

Musundire A L

Musvaire W

Mutomba W

Mutseyami P C

Muzenda T M

Muzondiwa E S

Muzembi W

Ncube G M

Ncube H

Ndebele A

Ndlovu D M;

Ndlovu M S

Ndlovu N

Ndoro L F

Nduna D

Nhema C F.D.;

Nleya L

Nyanhongo M

Paradza K

Passade J

Pedzisai I

Pemhenayi B

Phiri F P

Porusingazi E

Rudzirwayi J M

Rungani A

Ruvai E

Samkange J T

Saruwaka T J.L.;

Savanhu T

Seremwe B.

Shamu W K

Shava J.

Shongedza E

Shumba K D

Sibanda D

Sibanda D P

Sibanda K.

Sibanda L

Sibanda M

Sibanda Z

Sithole G K

Simbanegavi Y

Sindi C

Sipani – Hungwe O.

Tarusenga U  D

Thembani S Z

Toffa J

Tshuma J.

Tsomondo C

Undenge S

Uta K.

Vutete M

Watson N J

Zemura L

Zhou P

Ziyambi Z

Zvidzai S

 

 

 

 

 

 

In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

 

 

 

 

 

 

 

 

Printed by Order of the House

 

Absent with leave:

Hon Mandiwanzira S, ; Hon. Prof. Moyo J.; Hon. Chimene; Hon. Chidakwa; Hon. Prof. Mavima. Hon Zhuwao; Hon. Chinomona; Hon Marapira; Hon Moyo F.; Nyoni S.;

1.                 The Acting Speaker informed the House that Parliament had received a petition from the Institute for Community Development Zimbabwe, beseeching Parliament to exercise its oversight function and to protect the constitutionally guaranteed rights of persons with disabilities to participate fully in the electoral process. The petition had since been referred to the Portfolio Committee on Justice, Legal and Parliamentary Affairs.

 

2              The Acting Speaker also informed the House that Chairpersons of Committees were  

             invited to the Liaison and Coordination Committee Retreat to be held at the Holiday Inn

             in Bulawayo, from the 6th to the 9th of October. 2017 and that travel arrangements

             would be communicated later.

    

3.              The Minister of Finance and Economic Development made a Ministerial Statement on  

               Cash shortages and bank charges in the country.

 

4.            On the motion of the Minister of Finance and Economic Development: The

           House adjourned at two minutes to six o’ clock pm until Tuesday, 3rd  

           October, 2017 at a quarter past two o`clock in the afternoon.

 

 

 

 

HON R. MARUMAHOKO.

Acting Speaker.

 

 

 

 

 

 

TUESDAY, 3RD OCTOBER, 2017

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

1.             The Minister Of Industry And Commerce

 

            THAT WHEREAS, Section 327  (2) (a) of the Constitution of Zimbabwe provides that         any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or      international Organisations shall be subject to approval by Parliament;

 

            WHEREAS Zimbabwe is a member State to the World Trade Organisations (WTO)   since 5 March 1995.  In December 2013, WTO member states concluded negotiations        on a new agreement, the Trade Facilitation Agreement (TFA), at Bali Ministerial   Conference;

 

            WHEREAS the Member states adopted a protocol of amendment to insert the new    agreement into Annex 1A of the WTO Agreement.  In accordance with Article 10 (3)           of the Marrakesh Agreement establishing the WTO Agreement; any new Agreement           negotiated will enter into force once two thirds (2/3) of the WTO member states      complete the domestication processes and submit Instruments of Acceptance /             Ratification.

 

            WHILST Zimbabwe was in the midst of finalizing its internal processes, on the 22nd            February 2017, the number of other WTO member states reached the required threshold          of two thirds (2/3) instigating the Protocol to enter into force;

 

            AND WHEREAS the Protocol has to pass through Parliament for approval and         Presidential assent before the instrument of Acceptance is submitted to the WTO            secretariat, Zimbabwe as a member of the WTO is supposed to accept the Protocol of     Amendment; 

 

            NOW THEREFORE, in terms of section 327 (2) (a) of the Constitution of Zimbabwe,           this House resolves that the aforesaid Protocol be and is hereby approved for     acceptance.

 

 

2.                 The Minister of Public Service, Labour and Social Services

 

            THAT WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that           any Convention, Treaty or Agreement acceded to, concluded or executed by or under     the authority of the President with one or more foreign states of governments or   International Organisations shall be subject to approval by Parliament;

 

            WHEREAS the Republic of Zimbabwe is desirous of becoming party to the Marrakesh Treaty to facilitate Access to Published Works for Persons who are blind,         visually impaired or otherwise print disabled;  

 

            WHEREAS the Marrakesh Treaty recognizes that Governmental and Non –   Governmental Organisations play an important role in providing persons with print             disabilities with access to alternative format materials;

 

            WHEREAS the Republic of Zimbabwe is desirous of ratifying the Marrakesh Treaty;

 

            WHEREAS the entry into force of the aforesaid Treaty shall be conditional upon its ratification by the Member States in accordance with their Constitutional Procedures;

 

            NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of     Zimbabwe, this House resolves that the aforesaid Treaty be and is hereby      approved for ratification.

 

 

 

3.                 The Minister of Public Service, Labour and Social Services

 

            THAT WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that           any Convention, Treaty or Agreement acceded to, concluded or executed by or under     the authority of the President with one or more foreign states of governments or   International Organisations shall be subject to approval by Parliament;

 

            WHEREAS Zimbabwe is committed to promote and protect the social and economic            rights of its people and guarantee International Organisations shall be subject to   approval by Parliament;

 

            AND WHEREAS Zimbabwe approved of the SADC policies on Child Labour, Social           Security, Use of Chemicals, HIV and HIV and Decent work, it remains desirous to             realize the aspirations of Regional Cooperation and Integration in the Employment          and Labour sector;

 

            AND WHEREAS, His Excellency, the President of the Republic of Zimbabwe, Cde.             Robert Gabriel Mugabe on the 18th of August 2014 at Victoria Falls signed the SADC           Protocol on Employment and Labour;

 

            NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of     Zimbabwe, this House resolves that the aforesaid SADC Protocol      on        Employment and Labour be and is hereby approved for acceptance.

 

 

 

4.                  The Minister of Public Service, Labour and Social Services

 

            THAT WHEREAS, Section 327  (2) (a) of the Constitution of Zimbabwe provides that         any Convention, Treaty or Agreement acceded to, concluded or executed by or under     the authority of the President with one or more foreign states or governments or      International Organisations shall be subject to approval by Parliament;

 

            WHEREAS Zimbabwe is a member State of the International Labour Organisation and         seeks to eradicate forced labour in all its forms;

 

            AND WHEREAS Cabinet approved of the Ratification of the ILO Protocol to the     Forced Labour Convention P029 on the 1st of June 2017;

 

            NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe,          this House resolves that the aforesaid Protocol be and is hereby approved for     acceptance.

          

5.           Second Reading: Mines and Minerals Amendment Bill (H.B. 19, 2015)   

        The Minister of Mines and Mining Development.

 

 

6.              Second Reading: Insolvency Bill (H.B. 11, 2016)The Vice President and

 

           Minister of Justice, Legal and Parliamentary Affairs

 

7.              Committee:  Estates Administrators Amendment Bill (H.B.8, 2016) – The Vice     President and Minister of Justice, Legal and Parliamentary Affairs

 

8.              Recommittal Committee:  Land Commission Bill (H.B. 2B, 2016)

 

(Clauses 2, New Clause 3 and 37 under consideration)

 

9.              Committee:  To resume on Consideration of an Adverse Report by the

 Parliamentary Legal Committee on the Shop Licences Amendment Bill

 (H.B. 10, 2016) – Hon. Samukange.

 

10.            Committee:  To resume on Consideration of an Adverse Report by the

         Parliamentary Legal Committee on Statutory Instrument No. 74 of 2017   

         Police (Association) Regulations, 2017 published in the Government    

         Gazette during the month of July 2017. – Hon. Samukange

 

11.            Adjourned debate on motion in reply to the Presidential Speech.   

        (Adjourned 21st September, 2017– Hon. Rungani)

 

[Time elapsed: 2 Hours 19 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.

      D.M. Ncube

 

12.       Hon. Nduna

hon Maondera

 

             That this House takes note of the First Report of the Portfolio Committee

on Transport and Infrastructural Development on the Inquiry into the Turnaround Strategy for the National Railways of Zimbabwe. (S.C. 13, 2017).

 

13.       Hon. Nduna

Hon. Maondera

 

             That this House takes note of the Second Report of the Portfolio Committee

on Transport and Infrastructural Development on the Inquiry into the Turnaround Strategy for the Central Mechanical Equipment Department (C.M.E.D.) (S.C. 14, 2017).

 

14.       Hon Holder

      Hon. Ruvai

 

            That the motion on the closed Shabani – Mashava Mine, which was            superseded by             the end of the Fourth Session of the Eighth Parliament be          restored on the Order Paper in terms of Standing Order No. 73.

 

15.       Hon. Misihairabwi-Mushonga

Hon. Toffa

 

   That this House -

 

ACKNOWLEDGING that Section 18 of the Constitution provides for regional equality and states “The state must promote the fair representation of all Zimbabwe’s regions in all institutions and agencies of government at every level;

 

FURTHER ACKNOWLEDGING that Section 17 provides that “The State must promote full gender balance in Zimbabwean society, and in particular the state must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;

 

NOTING that both Section 18 and Section 17 place obligations on the state to take specific measures to rectify both regional and gender imbalances in society;

 

CONCERNED that the process of identifying providers of government services and government tenders are violating Section 17 and Section 18;

 

            NOW THEREFORE resolves to call upon the Executive to ensure that:

 

(a)    All processes of identifying providers of services to government are

conducted in a transparent and accountable manner.

 

(b)        Awarding of government and parastatal tenders promotes fair regional

            representation; and

 

(c)         A 30% quota of all government tenders are reserved for women.

 

 

16.         Hon. Nduna

Hon. Mapiki

 

That this House:

 

COGNISANT that Section 77 of our Constitution provides that “Every person has the right to safe, clean and potable water” thus making the right to water an inalienable right for all citizens of Zimbabwe;

 

AWARE that Zimbabwe is a signatory to and has committed itself to attaining the Sustainable Development Goals and in particular, SDG 6 “Clean Water and Sanitation”;

 

RECOGNISING that one of the key drivers and assumptions of ZIMASSET is increased investment in water and sanitation infrastructure;

 

DEEPLY CONCERNED that the majority of the urban Zimbabwean populace in general either do not have access to clean water at all or are accessing unclean and unsafe water;

 

ALARMED that a National level water bodies have not been fully utilized;

 

WORRIED that the current sewer reticulation system in towns and cities has outlived its lifespan and has been overtaken by the population balance;

 

MINDFUL that during the period 2009 to 2011 over 700 people were hospitalized and more than 274 lost their lives due to the cholera epidemic nationally;

 

COGNISANT that clean and safe water is a prerequisite for the realization of other fundamental human rights such as the right to health and the right to a clean and safe environment.

 

FURTHER COGNISANT that Section 77 enjoins the State to take reasonable legislative and other measures to achieve the progressive realization of the right to safe, clean and potable water;

 

      NOW THEREFORE, calls upon the relevant Ministries to:

 

a)                  Prioritize investment in water and sanitation infrastructure countrywide.

b)                  Take appropriate measures to ensure that every citizen in Zimbabwe has access to safe, clean and potable water;

c)                  Remove and replace most councils which have continued to charge exorbitant rates to citizens for water which is not readily supplied and continually abuse such funds at the expense of the health of unsuspecting citizens; 

d)   Immediately take advantage of the copious amount of water bodies around the country which require minimum amount of chemicals to treat, in order that they provide portable water for the people.

17.       Hon Mudyiwa

      Hon. Zemura

 

            That this House:

 

            AWARE that the veld fire season runs from the end of July to the end of   October;

            MINDFUL that frequent burning has serious implications on the environment,       wildlife habitat, human health and livelihoods;

            RECALLING that the impacts of veld fires range from severe environmental        degradation to loss of property and life;

            COGNISANT that Zimbabwe has received normal to above normal rainfall           during the 2016/17 season;

            NOTING that the growth of vegetation countrywide translates to high fuel load    with a high probability of veld fire outbreaks during the dry season;

            ACKNOWLEDGING that the fire prediction for 2017 season indicates 80% of    high to extreme fire risk;

            CONCERNED that human activities increase the frequency, extent and pattern     of veld fires;

            NOW, THEREFORE, calls upon the Executive to-

            a) Amend the legislative framework that deals with veld fires so that it provides    for stiffer custodial sentences for people who start fires;

            b)  Take steps to ensure that court cases on environmental crimes are resolved         speedily.

18.       Hon. Chamisa

Hon. Shumba

 

            That this House: -

            RECOGNIZING that in 1999, Parliament adopted the final report of the Parliamentary Reform Committee (PRC); and one of the recommendations             contained in the report was that of establishing a Code of Conduct and Ethics and Implementation Register for Members of Parliament.

 

            ACKNOWLEDGING that the Constitution of Zimbabwe, in section 198            provides for the enactment of an Act of Parliament which must provide        measures to enforce the provisions of principles of public administration and       leadership, including measures to―

(a)    require public officers to make regular disclosures of their assets;

(b)   establish codes of conduct to be observed by public officers; and

(c)    provide for the disciplining of persons who contravene the provisions of Chapter 9 of the Constitution or any code of conduct or standard so established.

 

            NOTING that the recommendation by the PRC and the requirement by the           Constitution culminated in Standing Order 49 of the Standing Rules and Orders            of the National Assembly.

            COGNISANT OF the approval of the Code of Conduct and Ethics and   Implementation Register by the Committee on Standing Rules and Orders on      21st of April, 2016.

            NOW THEREFORE resolves that the Code of Conduct and Ethics and Implementation Register be adopted.

 

19.       Hon. dutiro

hon chinanzvavana

 

             That this House takes note of the Report of the Portfolio Committee

on Environment, Water, Tourism and   Hospitality Industry on the United Nations Climate Change Conference held in Marrakech, Morocco from the

7th to 18th November, 2016.

 

20.        Committee of Supply.

 

 

___________________________________________________________________

 

 

WEDNESDAY, 4TH OCTOBER, 2017

 

 

QUESTIONS FOR ORAL ANSWERS

 

t  QUESTIONS WITHOUT NOTICE

 

                *      QUESTIONS WITH NOTICE

 

 

*1.       Hon. Wadyajena:  To ask the Minister of Youth Development, Indigenisation and Economic Empowerment to explain to the House when the 4 500 jobs will be available to the Youths of Gokwe Nembudziya Constituency, considering that the Ministry has been registering five hundred youths per ward through youth officers.

 

[Deferred from 20th September, 2017]

 

*2.       Hon. Wadyajena:  To ask the Minister of Youth Development, Indigenisation and Economic Empowerment to explain to the House whether youth officers are allowed to engage in politics and to further state whether or not they can invite political figures to officiate at government events.

 

[Deferred from 20th September, 2017]

 

 

 

 

*3.       Hon Gezi:  To ask the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House the measures the Ministry has put in place to ensure that winter farmers adequate have enough wheat seed for the 2017 – 2018 season as a way of averting the current situation where farmers end up resorting to planting an unknown wheat variety.

 

[Transferred on 27th September, 2017]

 

 

*4.       Hon Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House the exact location of District Voter Registration Centers and if they would be permanent as required by Section 17A of the Electoral Act.

 

            [Transferred on 27th September, 2017]

 

 

*5.       Hon Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House what measures the Zimbabwe Electoral Commission (ZEC) has taken to ensure accessibility of registration offices to elderly persons and persons with disabilities; and to further state the registration procedures for people who are visually impaired or have no limbs or fingers.

 

            [Transferred on 27th September, 2017]

 

 

*6.       Hon Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House:

 

(a)        The role of the Police during voter registration exercises and to clearly state whether there would be no conflict of interest if police are engaged in voter registration.

 

(b)        Whether it would be possible for police to respect the limit in their roles in the maintenance of law and order and to further state whether this would be observed during elections.

 

            [Transferred on 27th September, 2017]

 

 

*7.       Hon Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House how ZEC can facilitate the ease of registration of citizens of Zimbabwe, formerly deemed aliens as per the provisions of the Constitution of Zimbabwe.

 

            [Transferred on 27th September, 2017]

 

 

8.         Hon Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House on the oversight role of local, regional and international observers and election agents as provided  by Statutory Instrument (S.I. 85) of 2017.

 

            [Transferred on 27th September, 2017]

 

9.         Hon Chirisa:  To ask the Minster of Justice, Legal and Parliamentary affairs to explain to the House whether or not information obtained from voter registers by members of the public during inspection may not be used for campaign activities of political parties or police investigations commercial or other purposes.

 

            [Transferred on 27th September, 2017]

 

 

10.       Hon Chirisa: To ask the Minister of Justice, Legal and Parliamentary affairs to explain to the House:

 

            (a)         What the ZEC administrative processes when compiling voter’s     registers and the measures put in place to ensure the accuracy of the       voters roll.

 

            (b)        Whether ZEC cleaning processes and compilation are open for        stakeholder scrutiny in view of the fact that regulations are not clear         when it comes to the involvement of citizen observers, political parties            and the media where issues of transparency need to be enhanced     during compilation of the voters roll.

 

            (c)        Whether ZEC can facilitate the process of registration of citizens of            Zimbabwe in cases of involving those formerly deemed aliens.

 

            (d)       Whether ZEC acceptance of former “aliens” to register is in             accordance with the Constitution of Zimbabwe which already      recognizes such people as citizens.

 

[Transferred on 27th September, 2017]

 

 

11.       Hon. Chirisa:  To ask the Minister of Justice, Legal and Parliamentary affairs to inform the House whether or not local, regional and International observers and election agents can be involved as agents in ZEC electoral processes.   

 

[Transferred on 27th September, 2017]

 

*12.     Hon. Mangami: To ask the Minister of Local Government, Public Works and National Housing;

 

            (a)        To explain to the House why Local Authorities continue charging                           intrinsic levy value of land on the property owners and to state the                                   criteria that is used to establish the intrinsic value of land.

            (b)        To explain to the House why intrinsic value levy payment on plan   approval is done considering that it affects the development of the     infrastructure.

 

*13.     Hon. Mataruse:  To ask the Minister of Primary and Secondary Education to inform the House;

 

            (a)        Whether Genetically Modified Organisms (GMO) kits that are being          imported for use by many primary and secondary schools in Zimbabwe   are regulated by the National Biotechnology Authority. (N.B.A)

 

 

 

            (b)        What the Government Policy is with regards the importation of GMO        kits and the Ministry’s response to the proposal by the NBA to regulate all GMO kits imported into the country.   

 

    

 

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

 

  1. Public Entities Corporate Governance Bill, (H. B. 5, 2017) – The Minister of Finance and Economic Development. (Referred 20th September, 2017).

 

 

 

 

 

 

 

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