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SENATE VOTES 04 OCTOBER 2017 NO 06

ADVANCE COPY‑UNCORRECTED

 

 

No. 6

 

PARLIAMENT

 

OF

 

ZIMBABWE

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VOTES AND PROCEEDINGS OF THE SENATE

 

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FIFTH SESSION – EIGHTH PARLIAMENT

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WEDNESDAY, 4TH OCTOBER, 2017

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Half past Two o’clock pm.

President of the Senate in the Chair.

 

 

 

Bhebhe M,

Bhobho H,

Buka F,

Carter M.N,

Chabuka K,

Chiduku Chief,

Chifamba J,

Chimanikire A,

Chimbudzi A,

Chimhini D.A,

Chimutengwende C.C.C,

Chipanga T. S,

Chisunga Chief,

Chitanga Chief,

Dandawa Chief,

Gampu Chief IV,

Goto R,

Gwenzi Chief,

Hungwe J. D,

Jadagu G.T,

Khumalo D.T,

Komichi M,

Mabhugu F E,

Machingaifa T,

Makone T,

Makore J,

Makwarimba C,

Manyeruke J,

Marozva Chief,

Masendu Chief,

Mashavakure N,

Masuku A,

Matiirira A,

Mavhunga M,

Mawire J,

Mkhwebu A,

Mlotshwa S,

Moeketsi V,

Mohadi T.B,

Mugabe C.T,

Mumvuri D.D.E,

Muronzi M,

Murwira T,

Musaka M.B,

Musarurwa Chief,

Mutsvangwa M,

Ncube S,

Ndhlovu J

Nebiri Chief

Ngungumbane Chief,

Ntabeni Chief,

Nyambuya M. R. Rtd,

Nyangazonke Chief,

Nyathi R,

Shiri A,

Shoko G,

Siansali Chief,

Sibanda A,

Sibanda B,

Sinampande H.M

Tawengwa C. Z,

Timveos L,

 

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

 

Hon. Chasi, Hon. Matangaidze, Hon. Samukange, Hon. Ziyambi.

 

Printed by Order of the Senate

 

Absent with leave

 

Hon. Sen. Chief Charumbira, Hon. Sen. Chizema, Hon. Sen. O. Maluleke, Hon. Sen. Mumbengegwi, Hon. Sen. Chief Mtshane, Hon. Sen. Muzenda, Hon. Parirenyatwa, Hon. Sen. Dr. Sekeramayi.

 

1.         Hon. Sen. Masuku, seconded by Hon. Sen. Mohadi, moved: 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 No. 48 of the Standing Rules and Orders of the Senate.

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 the Implementation Register be adopted.

On the motion of Hon. Sen. Masuku, seconded by Hon. Sen. Mohadi: Debate adjourned until tomorrow.

 

2.         Committee: Consideration of the 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.

 

(Senate in Committee)

 

Report put for consideration.

 

(Senate resumed)

 

The Chairperson reported that the Committee of the whole House had considered the Report of the Parliamentary Legal Committee.

 

3.         Hon. Samukange, seconded by Hon. Chasi, with leave, moved: That the Senate having given consideration to the Report of the Parliamentary Legal Committee on Statutory Instrument No. 74 of 2017- Police (Association) Regulations, 2017, resolves that the Statutory Instrument would, if enacted, be in contravention of the provisions of the Constitution.

 

Motion put and agreed to.

 

4.         Adjourned debate on motion in reply to the Presidential Speech (Adjourned 28th September, 2017- The Minister of Transport and Infrastructural Development).

 

[Time elapsed: 2 hours 08 minutes]

 

Question again 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. Sen. Chief Charumbira.

 

On the motion of Hon. Sen. Masuku seconded by Hon. Sen. Mumvuri: Debate adjourned until tomorrow.

 

5.        Hon. Sen. Timveos, seconded by Hon. Sen. D. T. Khumalo, moved: That this House takes note of the Report of the Zimbabwe delegation to the International Conference on Promoting Stakeholder and Parliamentary Dialogue on the Arms Trade Treaty (ATT) held at Pullman Teranga Hotel in Dakar, Senegal from 13th to 14th June, 2017.

 

On the motion of Hon. Sen. Timveos seconded by Hon. Sen. A. Sibanda: Debate adjourned until tomorrow.

 

 

6.         On the motion of Hon. Sen. Masuku, seconded by Hon. Sen. Buka: The Senate adjourned at sixteen minutes past four o’clock pm.

           

 

 

                                                                                    E. MADZONGWE,

                                                                                       President of the Senate.

 

 

THURSDAY, 5TH OCTOBER 2017

 

    

QESTIONS FOR ORAL ANSWERS

 

        QUESTIONS WITHOUT NOTICE.

 

  *        QUESTIONS WITH NOTICE

 

 

*1.       Hon. Sen. Timveos:  To ask the Minister of Lands and Rural Resettlement to inform the House what policy is used by land officers to allocate land in view of the fact that they do so without the knowledge of the traditional leadership who are fully conversant with their environment in terms of sacred areas and pastoral land for their livestock.

 

[Deferred from 28th September, 2017]

 

*2.       Hon. Sen. Timveos:  To ask the Minister of Justice, Legal and Parliamentary Affairs;

 

(a)    Why Justice Rita Makarau plays a triple role as judge of the Supreme Court, Secretary for Judiciary Services Commission and Chairperson of the Zimbabwe Electoral Commission (ZEC).

 

(b)   To further explain what role she would play in the event election results are contested.

[Deferred from 28th September, 2017]

 

*3.       Hon. Sen. Timeveos:  To ask the Minister of Justice, Legal and Parliamentary Affairs to explain to the House why the Anti-Corruption Commission has no arresting powers.

[Deferred from 28th September, 2017]

 

*4.       Hon. Sen. Chimbudzi:  To ask the Minister of Small and Medium Enterprises to inform the House;

 

(a)    whether or not members of cooperatives pay taxes to the fiscus.

 

(b)   Whether cooperative businesses are insured.

 

[Deferred from 28th September, 2017]

 

*5.       Hon. Sen. Chimbudzi:  To ask the Minister of Agriculture, Mechanisation and Irrigation Development to explain:

 

(a)    Whether or not farmers in resettlement areas are insured against natural disasters;

 

(b)   How a farmer can be assisted in case of loses of one hundred and fifty or more hectares of maize crop due to veld fires.

 

 

(c)    How farmers are sensitised on setting up fire guards or fire breaks in place to avert veld fires.

 

(d)   What the Ministry’s policy is as regards the protection of farmers from unscrupulous buyers who want to cash in on maize that was harvested under the Command Agriculture Programme.

 

[Deferred from 28th September, 2017]

 

*6.       Hon. Sen. Chimbudzi:  To ask the Minister of Finance and Economic Development to inform the House;

 

(a)    The success and failures of the 2016 budget;

 

(b)   How through the 2016 Budget the Ministry has managed to economically empower people with disabilities.

 

[Deferred from 28th September, 2017]

 

*7        Hon. Sen. Chimbudzi:  To ask the Ministry of Finance and Economic Development to inform the House what benefits the nation has realized from the Chinese people who are in business in the country.

[Deferred from 28th September, 2017]

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         Adjourned debate on motion on the Code of Conduct and Ethics (Adjourned 4th October, 2017- Hon. Sen. Masuku.)

 

[Day elapsed: 1]

 

     Question proposed: 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, 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 No. 48 of the Standing Rules and Orders of the Senate.

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 the Implementation Register be adopted Hon. Sen. Masuku.

 

2.        Adjourned debate on motion on the First Report of the Thematic Committee on Peace and Security on the Preparedness of the Grain Marketing Board to handle the 2016/2017 Crop Deliveries and the Success of the Command Agriculture Programme– (Reinstated, 3rd October,2017—Hon. Sen. Mumvuri).

 

                                                                                                              [Days elapsed: 7]

 

           Question proposed: That this House takes note of the First Report of the Thematic Committee on Peace and Security on the Preparedness of the Grain Marketing Board to handle the 2016/2017 Crop Deliveries and the Success of the Command Agriculture Programme (S. C. 15, 2017)- Hon. Sen. Mumvuri.

 

3.    Adjourned debate on motion on the Report of the Zimbabwe delegation to the International Conference on Promoting Stakeholder and Parliamentary Dialogue on Arms Trade Treaty (Adjourned 4th October, 2017- Hon. Sen. Timveos)

 

[Day elapsed: 1]

 

           Question proposed: That this House takes note of the Report of the Zimbabwe delegation to the International Conference on Promoting Stakeholder and Parliamentary Dialogue on the Arms Trade Treaty (ATT) held at Pullman Teranga Hotel in Dakar, Senegal from 13th to 14th June, 2017- Hon. Sen. Timveos.

 

 

 

 

4.         Adjourned debate on motion in reply to the Presidential Speech (Adjourned 4th October, 2017- Hon. Sen. Masuku).

 

[Time elapsed: 2 hours 41 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. Sen. Chief Charumbira.

 

5.        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.

 

6.        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 and regional best    practices in      the labour market;

 

            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 SADC     Protocol and Employment and Labour;

 

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

 

 

7.              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.  

 

_____________________________________________________________________________ 

 

 

MEETINGS OF COMMITTEES

 

Thursday, 5th October, 2017

 

At 0900 hours in Committee Room 4. 

 

Peace and Security: Hon. Sen.  Mumvuri D.D.E -  (Chairperson) Hon. Sen. Carter M,  Hon. Sen. Chabuka K., Hon.Sen. Charumbira Chief, Hon. Sen. Chiduku Chief, Hon. Sen. Chimbudzi A, Hon. Sen. Chipanga, Hon. Sen. Dandawa Chief, Gampu Chief, Hon. Sen. Jadagu G.T, Hon. Sen. Komichi M, Hon. Sen. Machingaifa T, Hon. Sen. Makone T, Hon. Sen. Makore J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mohadi T.B, Hon. Sen. Musaka M.B, Hon. Sen. Musarurwa Chief, Hon. Ncube S., Hon. Sen. Ngungumbane Chief, Hon. Sen. Rtd Gen. Nyambuya M, Hon. Sen. Nyamukoho Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Sibanda A, Hon. Sen. Sinampande H.M, Hon. Sen. Timveos. (Committee Clerk—Mr. A. Kunzwa)

 

 

At 1000 hours in Committee Room No. 413

 

Indigenisation and Empowerment: Hon. Sen.   Mavhunga M- (Chairperson), Hon. Sen. Bhebe M, Hon. Sen. Bhobho H. Hon. Sen. Chimanikire A, Hon. Sen. Chief Chitanga, Hon.  Sen. Dandawa Chief, Hon. Sen. Goto R, Hon. Sen. Maluleke O. M, Hon. Sen.  Marozva Chief, Hon. Sen. Mashavakure N, Hon. Sen. Matiriira A, Hon Sen. Mavhunga M, Hon. Sen. Mlotshwa S, Hon. Sen. Murwira T, Sen. Ndlovu J, Hon. Sen. Chief Nembire, Hon. Sen.  Nyamukoho Chief, Hon. Sen.  Nyangazonke Chief, Hon. Sen. Nyathi R, Hon. Sen.Tawengwa C.Z.  (Committee Clerk—Mrs. E. Mafuruse).

 

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