• Version
• Download 56
• File Size 358.96 KB
• File Count 1
• Create Date May 20, 2025
• Last Updated May 20, 2025

NATIONAL ASSEMBLY HANSARD 20 MAY 2025 Vol. 51 No. 49

PARLIAMENT OF ZIMBABWE

Tuesday, 20^th May, 2025

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

PRAYERS

(THE HON. SPEAKER in the Chair)

         THE HON. SPEAKER:  Good afternoon.  Hon. Members on my left, the numbers are so thin, what is happening?

HON. NYANDORO:  Good afternoon Mr. Speaker. Most of our Members have gone for outreach programmes. We have the Committees on Foreign Affairs and Industry that are away.

THE HON. SPEAKER: They should have completed their task yesterday to be present here today. 

HON. NYANDORO: Today may be traveling day, Mr. Speaker.  I am being informed that Agriculture is also away and the Industry and Commerce running up until Friday.

THE HON. SPEAKER: Travelling day should have been yesterday. Last time I indicated that the Whips should come up with a proper schedule.

HON. NYANDORO: Yes Mr. Speaker Sir, our apologies.

HON. TOGAREPI:  Yes Mr. Speaker, I apologise. I know that we have a standing position that only two Committees will be out per week but we then find six Committees going out. Sometimes they are authorised without going through the Government Chief Whip's office.  I just find them out. I get desperate when I find that there are no Members in the House. I think what has to be regularised is the authorisation of these Committees to go out.  They are not using the LCC structure to go out. I do not know who authorises, I do not know.

I always get desperate when we find that we do not have Members.

THE HON. SPEAKER:  Yes, because the Chief Whips led by the Government Chief Whip must follow the instructions of the LCC. I hope from next week we improve on that one.

ANNOUNCEMENT BY THE HON.  HON. SPEAKER

INVITATION TO A HALF-DAY SYMPOSIUM ON THE 57^TH PLENARY ASSEMBLY OF THE SADC PARLIAMENTARY FORUM

THE HON. SPEAKER:  I have one announcement, I have to inform the House that Parliament of Zimbabwe will host the 57^th Plenary Assembly of the SADC Parliamentary Forum (SADC PF), from the 31^st May to the 7^th June 2025 at the Elephant Hills Hotel in Victoria Falls City. As part of the preparatory process, Parliament will convene a half-day Symposium under the theme of the Plenary Assembly, namely, Harnessing Artificial Intelligence and Innovation in Enhancing Parliamentary Processes in the SADC region - Opportunities and Challenges.

Consequently, all Hon. Members are invited to attend the half-day symposium to be held on Thursday, 22^nd May, 2025 at 0800 hours in the morning in the Multi-Purpose Hall. Hon. Members are urged to be punctual.

This is a very important precursor symposium as we move towards the introduction of artificial intelligence in our parliamentary processes here in Parliament.

         *HON. KARIMATSENGA-NYAMUPINGA: Thank you very much Mr. Speaker Sir. Good afternoon. I stood up to talk about an issue that we discussed on Thursday last week. The seat you are seated on is quite important and what is said whilst you are seated on that seat should be followed and adhered to. The Honourable Deputy Speaker said that on Tuesday we are all going to be putting on our national dress or African dress as we honour our culture month.  I have noticed that a lot of male Hon. Members did not adhere to what the Deputy Speaker said. It has quite touched us that as women, we find that Hon. Members did not adhere to that directive.  However, there are some who did that.

The issue that prompted me to stand is to appreciate the Hon. Members of Parliament who came wearing African attires and the national dress, taking after what we saw being done by the Executive. A lot of other people are doing that as we honour and recognise the culture month. So, Hon. Members in this august House who are putting on the national dress are doing so in order to appreciate that this month is the culture month which depicts our heritage and through our attire, we are demonstrating that aspect. So, we desire this august House to reflect that positivity as we celebrate our culture month, celebrating our heritage, our languages, how we speak and how we eat. We are doing this even from the lesson that we are learning from the First Lady, Dr. A. Mnangagwa and we need to be proud of our culture. We need to be proud of who we are and what we were taught when we were growing up because in our culture there is a rich heritage and wealth. When you go outside the country, you would find that you do not honour your neighbour but as Zimbabweans, we have that communal life and that is why as leaders of different constituencies, it is important for us to come adorned in such attire. That is why you saw the First Lady being given a standing ovation in France because of being an ambassador of culture and an ambassador of our heritage. If we do that this will be copied and emulated by the younger generations. This will take away the abuse of drugs and substances. I thank you.

HON. MATEWU: Mr. Speaker Sir, my point of national interest arises from the new day modern slavery which is happening in the private sector. You find that especially in tourism hospitality and tourism industry, most of the institutions are employing at least 70% interns who are not paid. Some who are given less than USD50 but have to work 12-hour shifts and most of these institutions are doing this to save costs. Now that has two impacts. Number one, it means that those in such industries and qualified do not have jobs and that brings our unemployment rate high. Number two, it is also slavery to those who are being made to work on the basis that we are training them but actually they are covering for profits of these institutions. I think this august House must come up with policies and solutions to ensure that we curb this scourge that is going on in the private sector. I thank you.

THE HON. SPEAKER: Why do you not come up with a motion to address the issue in detail so that it covers the responsible ministry to respond accordingly?

MOTION

APPROVAL FOR RATIFICATION OF THE ESTABLISHMENT OF THE SADC CENTRE FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY

THE DEPUTY MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SIMBANEGAVI): I will read the Memorandum of Agreement between SADC member states regarding

the establishment of the SADC Centre for Renewable Energy and Energy Efficiency SACREE in short. The National Renewable Energy Policy formulated within the framework of the 2012 National Energy Policy recognises the vital contributions of private and public entities as well as regional and international organisations in promoting clean and sustainable energy to achieve universal access to sustainable modern energy by 2030.

The SADC Centre for Renewable Energy and Energy Efficiency is a treaty-based inter-governmental organisation established during the 33rd and 34th meetings of SADC Ministers responsible for energy held in Maseru Lesotho and in Johannesburg South Africa in May, 2013 and July, 2015 respectively. The primary aim of SACREE is to enhance access to modern clean and sustainable energy sources, to improve energy security and to encourage the adoption of energy efficient technologies and services within SADC member states.

Although signed by 15 SADC member states, the SACREE is still operating in an interim capacity as it requires ratification by two-thirds of the members to become fully operational. So, far only five countries, which are Lesotho, Angola, Mauritius, Namibia and Botswana have ratified the Memorandum of Understanding. The justification for ratification of this agreement is that Zimbabwe with 14 other SADC member states, is a signatory to the SACREE with this Memorandum of Agreement Zimbabwe collaborates with the SADC region in facilitating access to modern and clean energy and improved energy security across the SADC region by promoting market-based uptake of renewable energy and energy-efficient technologies as well as energy services.

 By ratifying this Memorandum of Agreement, Zimbabwe joins the five other states previously mentioned in advancing the process towards bringing the SACREE into effect and achieving full operationalisation. The area of renewable energy and energy efficiency is critical for the Republic of Zimbabwe and this cooperation will enable the creation and enforcement of ecosystems for renewable energy deployment at national and regional levels, the development of technical facilities that can pilot and demonstrate replicable renewable energy applications most relevant to the Republic of Zimbabwe. It will assist in testing and standardisation of energy efficient technologies and services. As well as training and skills development to build capacity for renewable energy and the implementation of a global network of knowledge and expertise to be utilised for deployment in the Republic of Zimbabwe. The overview of the Memorandum of Understanding is encouraged by regional frameworks that foster cooperation in the energy sector such as the SADC Protocol on Energy, the revised SADC Intergovernmental Memorandum of Understanding on Energy Sector Cooperation of 2006 and the Southern Africa Power Pool Inter-utility Memorandum of Understanding. The Memorandum of Understanding establishes the legal and institutional foundation for SACREE's creation and operation.

The obligations to the parties are to participate to cooperate in the administration of SACREE, including among others approving policies strategies and programmes. Furthermore, the parties aim to identify and nominate national focal institutions focussing on renewable energy and energy efficiency to participate in the SACREE activities. The Government of Zimbabwe through the Minister of Energy and Power Development designated the Zimbabwe Energy Regulatory Authority (ZERA) as its national focal institution. The parties expect to fund the operations of SACREE through annual subscriptions. In the case of Zimbabwe, ZERA the national focal institution shall bear the cost. In terms of the provisions of the Memorandum of Agreement, Section 5.1 would deal with the preamble and this article introduces the SADC Member States as parties to the agreement. It establishes the intention to promote renewable energy and energy efficiency in the region. The article references relevant regional and international commitments to sustainable energy development. The preamble sets the stage by outlining the context and purpose of the agreement. It also highlights the shared commitment of SADC Member States to sustainable energy and regional cooperation.

 Article two talks about the establishment of SACREE. This article formally establishes SACREE as an institution of SADC. It outlines its mandate and objective emphasising the promotion of renewable energy and energy efficiency across the region. This provision gives SACREE legal recognition as a regional energy institution, ensuring that it operates under the SADC framework while maintaining autonomy in its function.

Article 3, is on the legal status and personality of SACREEE. It grants legal personality meaning it can enter into contracts and manage property as well as sue and be sued. This article is crucial because it enables SACREEE to operate independently, secure funding and engage in legal transactions necessary for its mission.

Article 4, talks about the objectives and functions of SACREEE. This section lists SACREEE’s core objectives including supporting policy development for renewable energy, facilitating investments in renewable energy as well as providing technical assistance and training.

The article defines SACREEE’s mandate ensuring that its work aligns with regional energy needs and policy goals.

Article 5, is on governance structure, which is the Steering Committee, the Executive Director and the secretariat, because a well-defined governance structure is essential for accountability, decision making and effective operations. Financial provisions are outlined in Article 6, which talks about the contributions for member States, grants from international members as well project-based funding. It ensures financial sustainability and transparency in managing resources.

Article 7, is on host country agreements, which guarantees that SACREEE has the necessary support to function effectively within the host country, providing infrastructure, granting legal immunities and privileges, as well as ensuring operational support.

Article 8, is on privileges and immunities. This article ensures that SACREEE can function without legal or political interference.

Article 9, is on cooperation and partnerships, which encourages SACREEE to collaborate with the regional and international energy institutions, fostering partnerships and leveraging expertise, funding and best practices to enhance its impact.

Article 10, is on dispute resolution, which defines mechanisms for resolving disputes related to the Memorandum of Agreement (MOA), emphasising negotiation and arbitration. This provision prevents conflicts from escalating and ensures smooth cooperation among member states.

Article 11, is on amendment and review. The process for modifying or updating the memorandum of agreement requiring consensus among member States. This ensures the agreement remains relevant and adaptable to evolving energy needs.

Article 12, is duration and termination, this defines the duration of the MOA and the process for termination or withdrawal.

Article 13, is entry into force, which specifies the conditions under which the memorandum of agreement becomes legally binding. This ensures legal certainty regarding when SACREEE can begin operations officially.

Article 14, is on depository and authentic tests, which details where the official memorandum of agreement will be stored in the recognised languages for proper record keeping and accessibility for all member States.

Mr. Speaker Sir, upon approval of the Memorandum of Agreement, the parties will accede or ratify the memorandum of agreement in harmony with their constitutional procedures and deposit instruments of ratification and accession within the SADC secretariat. This Memorandum of Agreement shall enter into force 30 days after the deposits of the instruments of ratification by two-thirds of the majority of the member states.

Mr. Speaker Sir, now whereas Section 327, subsection two of the Constitution of the Republic of Zimbabwe stipulates 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, governments or international organisations shall be subject to parliamentary approval.

WHEREAS the SADC energy ministers during their 33rd and 34th meetings held in Maseru, Lesotho in 2023 and Johannesburg, South Africa in 2015, approved the establishment of SADC Centre for Renewable Energy and Energy Efficiency (SACREEE).

WHEREAS the entry into force of this agreement is on the date of receipt of the last written notification by which the parties notify each other through diplomatic channels of the completion of their internal legal procedures required for the entry into force.

WHEREAS the council of ministers in its meeting in August 2015, in Botswana formally endorsed the Memorandum of Agreement regarding the establishment of SACREEE designated Namibia as the worst country for the center.

AND WHEREAS the Republic of Zimbabwe along with 10 other SADC member states is a signatory to the aforesaid agreement.

AND WHEREAS articles 26 and 29 of the agreement provide that any SADC member states may ratify the agreement following its adoption in accordance with its respective constitutional processes and upon depositing its instrument of ratification with the executive sector of SADC.

AND WHEREAS article 27 of the agreement stipulates that the agreement shall enter into force 30 days after two-thirds of SADC member states have deposited their instrument of ratification.

AND WHEREAS the Republic of Zimbabwe is desirous to formalise its commitment by becoming a party to the agreement.

NOW, THEREFORE, Mr. Speaker Sir, in terms of Section 327 subsection (2) of the Constitution of the Republic of Zimbabwe, this House resolves that the aforesaid Memorandum of Agreement regarding the establishment of SADC centre for renewable energy and energy efficiency be and is hereby approved for ratification.

HON. ENG. MHANGWA: Thank you Mr. Speaker. Report of the Portfolio Committee on Energy and Power Development on the analysis of the protocol for the establishment of the SADC Centre for Renewable Energy and Energy Efficiency known as SACREEE.

Introduction:

The SADC centre for Renewable Energy and Energy Efficiency was established to promote the adoption of renewable energy and energy efficiency within the region. Zimbabwe being a member of SADC, should have the protocol ratified by Parliament. The main purpose of this intergovernmental Memorandum of Agreement is to provide a legal and institutional framework for the establishment and operationalisation of SACREEE. Following the presentation of the protocol to Parliament by the Ministry of Energy and Power Development, Portfolio Committee on Energy and Power Development considered the agreements pursuant to Section 327 (2) of the Constitution of Zimbabwe. This report highlights the Committee's observations and recommendations.

 

METHODOLOGY

The Committee held a half day workshop for all Members of Parliament to unpack the agreement. The Ministry of Energy and Power Development's officials explained the provisions of the agreement to help members understand the protocol better.

Additionally, Renewable Energy Association of Zimbabwe's officials analysed the agreement and presented their submissions enabling the Committee members and the rest of the Members of Parliament to debate from an informed position.

THE BACKGROUND OF SACREE.

The SADC Ministers in May 2013 and July 2015 met in May 2013 and July 2015 and approved their establishment of SACREE before it was endorsed in August 2015.

In 2016, SACREE as an intergovernmental organisation was established as an autonomous and self-accounting organisation. This basically means SACREE has been in existence for almost 10 years without full force because only six out of 15 countries had ratified the intergovernmental Memorandum of Understanding and nine were yet to ratify including Zimbabwe. In addition, SACREE requires nine countries to ratify the protocol in order for it to operate and for its provisions to be legally enforceable.

THE COMMITTEE'S FINDINGS.

The Committee noted that SACREE is a SADC protocol aimed at championing renewable energy and energy efficiency in the region. The members find this to be a noble and appropriate move by SADC. It's an opportunity for regional integration and have a unified approach to energy issues. The Committee examined SACREE's objectives and programmes and supports these objectives down to the deliverables and outcomes.

The Committee acknowledged that SACREE is more about coordinating, monitoring and sharing country-level renewable energy and energy efficiency initiatives than it is about organising concrete, tangible, regional renewable energy projects by driving upstream activities including manufacturing of equipment.

Further to its mandate, SACREE must follow the value chain below, noting that this is what the African mining vision aspires. Stopping exporting of raw minerals, in this case minerals that have to do with energy provision, beneficiate and value-add African minerals, utilise value-added minerals to industrialise African economies. By so doing, it helps establish renewable energy equipment within the continent.

COMMITTEE OBSERVATIONS.

SACREE ratification is long overdue. The agreement appears to position SACREE more as a regional agreement about renewable energy activities of the region as it has no production arm or capacity.

Effort is to be made beyond that so that it also, in addition to being a coordinating institution, spearheads production within the region.

The agreement appears to establish a product consumption arm for countries that produce solar energy components. In fact, it includes provision of a procurement arm.

 

The mandate of SACREE should go beyond rhetoric and fully complement the efforts of the Southern African Power Pool, (SAPP) in short, by harnessing the potential in individual countries to give energy sustainability.

The real core heartbeat of green energy is the related energy minerals that drive it. The protocol should be more about creating a regional database of these minerals and a technical centre for research and production of energy products.

THE COMMITTEE'S RECOMMENDATIONS.

It is a necessary step to ratify this protocol and beyond the ratification, it places a duty upon the individual countries, Zimbabwe included, to streamline energy efficiency and actively embrace renewable energy alternatives. Our region, by and large, is suffering from an energy crisis and in dire need of such combined efforts.

SACREE must review its protocol and make it an entity that makes the region a source of renewable energy and energy-efficient products, born out of the value addition of its green energy minerals. SACREE should not be only about attracting suppliers of green energy products and their project contractors, but a platform for regional production.

CONCLUSION

The Committee supports the ratification of the agreement as SACREE stands as a pivotal institution in advancing the region's sustainable energy transition. However, its formation is sound in principle, but there is a need to relook at its objectives and purpose to ensure its capacity to deliver tangible results and not merely a communication tool about what each nation is doing with regards to green energy while consuming fiscal resources. I so submit.

HON. MADZIVANYIKA:  Thank you Madam Speaker Ma’am, let me add a few issues. Firstly, I would like to make it categorically clear that I am in full support of this treaty for the ratification of the establishment of SACREE, which is the Southern African Centre for Renewable Energy and Energy Efficiency. So, there are fundamental benefits that we are going to deliver, Madam Speaker, if this treaty is ratified. First of all, the access to modern energy.

 

It is important to understand that this treaty focusses on renewable energy. What is the fundamental benefit of renewable energy? The fundamental benefit of renewable energy is the issue of its impact on the environment. If you look at renewable energy sources that are normally being advanced, they relate to wind, to the use of water, as well as the use of solar. So, those renewable energy aspects, do not damage our environment. So, I fully support this treaty on that basis. That is the first one.

Second one Madam Speaker, I'm also thrilled by the need to have what you call energy security. When we say energy security, when these countries come together as SADC countries, they have more directives of sharing knowledge and ideas and even capital on how best to mobilise or generate maximum energy requirements for the benefit of its own country member states. So, I fully support that because when one country is facing challenges, the other one may support it, now that there is this binding relationship.

 

Let me talk about the issue of economic development. You realise, that this treaty brings on board the issue of what you call energy efficiency. What do you mean by energy efficiency? We are saying you are now using low energy or little energy for the same task as before, without compromising on quality. That is what you call energy efficiency. If you used to need 15 amps to use your stove,  you can use 10 amps for the same effect or for the same stove without compromising quality, that is what you call energy efficiency. Energy efficiency goes through a lot of issues. The issue of lighting for industrial households, we need to have that energy efficiency. So, ratifying this agreement opens up opportunities for more knowledge on how to explore or opens up opportunities for more energy-efficient programmes. So, I really support this issue on that basis.

Madam Speaker, I need to also talk about the issue of reduction of operational costs. The idea of energy efficiency at the end of the day reduces the cost of production because whenever energy costs become lower because of efficiency, it becomes cheaper to produce, thereby improving or having the multiplier effect on economic development if well managed.

Last but in no way the least, the issue of environmental sustainability cannot be overemphasised when it comes to the issue of energy. So, I would like to say, this treaty came on board to mitigate the negative impact of environmental degradation. That will see that uniformity or the standardisation of programmes that are designed to ensure that the issue of environmental sustainability is maintained. I thank you Madam Speaker.

         HON. TOGAREPI:  Thank you Madam Speaker. I rise to support the ratification of this protocol. It is a critical protocol for the development of Southern Africa. We are bedeviled by the shortage of energy in Southern Africa and many developing countries. We must have a structure for our countries in the region where we work together to promote energy efficiency and to promote the availability of energy. If you travel throughout SADC today, you will find in all the countries, except maybe one, in SADC today, there is load shedding. None can support its industry with enough energy. So, if we have a coordinated structure that will help our countries avail enough energy for their people and their industry, this will be a panacea. It will give us development.

Any development that we may want to see in Southern Africa without enough energy and without efficiency in providing energy will not be achieved. I would also like to agree to clean energy. When we look at some other sources of energy today, they are polluting the environment. We are faced with a lot of changes in weather patterns because of the use of coal and other fuels that are polluting the atmosphere. If we concentrate on energy derived from the use of water, solar energy and wind, we will eliminate these damages to our environment on time. We cannot continue to act as if everything is normal when we have so many changes in our climatic environment at the moment. So this protocol is coming in at the right time.

As Parliament, I think we must support this protocol and Zimbabwe will benefit from a lot of other things like the expertise that has already been acquired by some of the countries in SADC. It will also benefit from the technologies that have been acquired and also the sharing of that energy. When we have gaps, we can then tap from our neighbours. There are so many advantages and I would like to applaud the leadership of SADC, including the leadership of Zimbabwe, for us to see value in ratifying this protocol. I thank you.

*HON. MAPIKI: Thank you very much Hon. Speaker Ma’am. I want to support the ratification of the treaty. We were focusing on the countries from the Southern African Region regarding the distribution of electricity from DRC to other countries. This would benefit the rest of the countries. I want to believe that this is going to be good for the countries from the southern part of the region. The biggest issue is that some countries are not in the region, for example, Kazakhstan. These are countries that can bring the transfer of technology to Southern African countries, for example, using a small amount of water to generate electricity. This is the knowledge that we need.  In Zimbabwe, we rely on Kariba Dam, which uses a lot of water. In other countries, you will find small dams being used to generate electricity. So, I believe that we need that kind of knowledge so that we will be able to survive.

I want us to note that Zimbabwe needs to protect its natural resources because we might get into different treaties as a nation ignoring our resources. So, as we contribute to this issue, we need to look at what we have as a nation. There is an issue that needs attention, for example, the issue that coal is considered to be toxic. We have found that in countries like China, the processing of coal can be done in such a way that the fumes are reduced and this will culminate in a situation where there is clean energy. I believe that because of the amount of coal that we have, we need to seek knowledge that would make coal clean energy or that would not be viewed as a form of energy that depletes the ozone layer.

Zimbabwe is sometimes disturbed by some treaties, for example, we have a lot of ivory tusks in Zimbabwe, but sometimes we go and sign the CITES and go into Appendix 1. Other countries that would be forcing us to go and sign do not have elephants or tusks from elephants. I believe that such laws should not prevent us from operating or taking away our benefits. I want to thank the Committee responsible for energy because we need to consider generating clean energy through value addition and beneficiation so that Zimbabwe will benefit greatly from its natural resources. I want to thank you Hon. Speaker, for this opportunity.

         *HON. NYABANI: Thank you very much Mr. Speaker Sir. I want to add my few words to the issue that was brought by the Hon. Minister. We indeed need clean energy and it is an opportune time to pursue this, but I want to say that we need to be cautious. For example, regarding the CITES issue, we signed and now we cannot sell proceeds from our elephants, like the ivory tusks, but the countries that are signatories are the countries which have coal. You will find that most of them do not have coal. In Muzarabani, we have diesel and gas. We have signed and then after signing, you find that we are barred from using our resources.

So, what then is going to happen after signing, the things that are supposed to benefit the nation will no longer be able to benefit our economy. We might have oil and coal deposits, but we will not be able to utilise our resources as we pursue clean energy. In Europe, they are reverting to the use of coal. So before signing, let us first view this with caution. Let us scrutinise every section so that we do not tie ourselves down. Our God-given resources include oil, coal and gas. So, sometimes some of these things might come to destabilise us. I thank you.

         HON. MOLOKELA-TSIYE: Thank you, Mr. Speaker. I would like to join my colleagues in welcoming the proposed establishment of the SADC Centre for Renewable Energy and Energy Efficiency, SACRE. This is a very welcome development which we should all support. In particular, I am very happy that as a Pan-African, someone gets inspired when Africans do things for themselves, in this particular context, SADC is showing that Africa can do things on its own. So, by uniting SADC member States to set up this centre is something that I really appreciate and I applaud, and I want to encourage SADC member States to continue to work together and cooperate in order to promote sustainable development. So, I am excited that unity is being shown by the SADC member States and it is something that we need to encourage.

I was also fascinated going through the document that when it comes to funding, the document clearly states that member states shall fund the centre. To that extent, I am very happy because it is now getting frustrating for Africa to continue to expect Western countries' international development aid to support their own initiative. So, to see that this centre will not necessarily rely on donor funding, but the SADC member States are committing themselves to fund this centre is something that really excites me and makes me smile.

I want to encourage Zimbabwe, as a member of SADC, to make sure that they show leadership in terms of making sure that they contribute their financial obligations to this centre. We must not have a situation where, when this centre is struggling for contributions, Zimbabwe is named as one of the countries that have not paid their contributions on time. So, I want to challenge Zimbabwe to make sure that they are at the forefront in paying their contribution towards the funding of this important centre. Let us not be the country that will be among the culprits of those who are defaulting on payments.

I also wanted to welcome the proposed establishment of the centre in the context of Zimbabwe showing leadership and SADC that  when it comes to the promotion of SDG3 and SDG 13 is very clear that all members of the world, of the global community, must seek to promote actions that prevent harmful effects of climate change. It is a commitment that Zimbabwe as a member of the United Nations discourage any forms of activities that are harmful to our climate. So, I want to congratulate Zimbabwe and indeed all the SADC member States for showing leadership when it comes to the fulfilment of SDG 13, which encourages all members of the global community to promote ways that are not harmful to our environment and also make sure that they protect people from effects of climate change, knowing that Africa and indeed Southern Africa and Zimbabwe are being affected by harmful effects of climate change.

We know that we have been having some El Nino phenomenon effects, climate change-related droughts that are erratic, affecting our ability as a country, especially when it comes to food security and so on. So, it is important that as Zimbabwe and indeed, as SADC member States we actively promote strategies that end harmful activities against climate. So, I am excited that this centre is a step in the right direction in terms of the fulfilment of SDG 13.

Having said that, I also want to say I am happy that in terms of the national Constitution of Zimbabwe which was adopted in 2013, we have a situation where we are on the right path as a country by joining other SADC member states in setting up this Centre for Renewable Energy. In terms of section 73 of the National Constitution, it says that ‘there is a right to an environment that is not harmful to health or well-being and the right to have environment protected for present and future generations’. So, we do have a constitutional obligation as a country and indeed as a member state of SADC to promote ways that make sure that sustainable development that does not harm our environment, also to make sure that we preserve our environment not just for our own time but also for future generations. So, this Centre for Renewable Energy is in line with the expectations of section 73 of the Constitution of Zimbabwe which encourages us to protect our environment and to come up with policies that seek to promote sustainable development that make sure that future generations inherit a Zimbabwe still blessed with natural resources to the extent that this proposed centre seeks to promote the implementation of section 73 of the national Constitution, I do welcome it.

We have to appreciate the importance of energy that is clean. Clean energy is very important. I come from a town that is built and founded on a fossil fuel. I was born and raised in Hwange. Hwange is built on a coal mine and that is a fossil fuel. I am aware of the harmful effects of a fossil fuel or a thermal power station. We do have the Hwange Power Station in my constituency, as you are aware, it is currently causing a lot of pollution and harming residents in my constituency. We know that in Ward 3 at Ingagula, which is under the administration of ZESA Concession, there are locals in my constituency who for many years now have been exposed to excessive pollution from the expanded power station, which is a failure of our national leadership, because according to the master plan of the expansion of the ZESA Power Station in Hwange, the residents of Ingagula were supposed to be relocated across the town to Mpumalanga and that has not happened up to now.

So, if you go to Ward 3 at Ingagula Township, you will find thousands of people from Hwange Central Constituency being exposed every day to harmful pollution from the expanded power station. I take this opportunity to challenge the Minister of Energy not to forget the people of Ingagula and Hwange who are being exposed every day to pneumonic disease. It is time that you take up the responsibility and relocate the people of Ingagula Township away from the harmful proximity of the expanded power station. It is important that we have protection for our residents in Hwange and I challenge you to do that in line with your vision to promote clean energy or renewable energy.

         Having said that, I also wanted to take this opportunity to challenge the Minister of Energy to say we need a clear strategy in terms of phasing out fossil fuels like coal. We know that coal will eventually end. We know that we cannot rely permanently on coal as a source of energy. As a country, we must have a proper plan, an exit strategy plan to say that towns like Hwange that are built on coal, what will happen to them once the coal ends? What will happen to them once the ZESA Power Station stops producing energy? We need a master plan to say can we then move beyond the reliance on fossil fuels like coal and say beyond the coal let us be able to have Hwange repositioned as a center for renewable energy.

I want to challenge the Minister of Energy to come up with a master plan that seeks the long-term sustainability of towns like Hwange. Hwange must be repositioned as a centre for renewable energy. Luckily, Hwange is blessed with a lot of sun. If there is a place in Africa or a place in Zimbabwe that has got a lot of sun, then Hwange is definitely that place. I want to challenge the Minister of Energy to make sure that they come up with a clear master plan of going beyond reliance on fossil fuels like coal and make sure that towns like Hwange do not die once the coal is depleted. We want Hwange to be repositioned as a center for renewable energy and we must start maybe by making sure that there is a master plan towards solar energy and Hwange should be prioritised as a centre of renewable energy and making sure that the town lives beyond the coal mining and beyond the thermal power station.

I would like to encourage the Minister of Energy to make sure that that master plan when it is being developed, the people of Hwange are not left behind, leaving no place, leaving no one behind because we know that when these kind of policies are being crafted, it is normally those in big cities and those in Harare that are consulted. We want to encourage you as the Ministry of Energy to come to towns like Hwange that are directly affected when you are coming up with an exit plan to go beyond our reliance on fossil fuels like coal and make sure that Hwange as a town that has served this country for more than 100 years providing energy and Zimbabwe depending on our thermal power station, it is not left behind when we move beyond coal and start to focus on the renewable sources of energy such as solar. I will stop here for now. Thank you so much.

THE DEPUTY MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SIMBANEGAVI): Thank you Mr. Speaker Sir. I want to take note of the observations from the Portfolio Committee on Energy, especially the importance of solidifying SACREEE as an institution and also to organise for concrete tangible regional renewable energy projects instead of just being a mouthpiece or just concentrating on coordinating and monitoring as well as the need to ensure that our raw materials are not going to be unfairly exported.

I also want to acknowledge in general the support from Members of Parliament on the ratification of the Memorandum of Agreement, the support from Hon. Madzivanyika on the importance of renewable sources of energy to our economy as well as the importance of regional integration in energy sourcing and development.

I also want to appreciate the comments from Hon. Togarepi on the importance of energy efficiency and the development of SACREE by SADC members as a way of trying to mitigate the energy gaps that we currently have as this will ensure that we reduce the shortages that we have as member states when we are able to share ideas on development and implementation of energy technologies on a united platform.

I also appreciate the comments on the reduction of operational costs on the whole as more efficient and cleaner sources of energy are used. Hon. Togarepi also indicated the importance of ensuring that we reduce the negative impact of fossil fuels on our environment to reduce pollution and climate change from the use of fossil fuels and other gases. He also appreciates the use of best practices by Zimbabwe as a country as this will bring expertise and the use of new technologies from neighbouring countries.

Also, I want to thank Hon. Mapiki for appreciating that our Africa is endowed with the natural resources that are needed for energy promotion and that SACREEE will bring efficient use of these resources as well as the sharing of knowledge skills in energy investment. I do appreciate his cautioning us as a nation to exercise due diligence as we embark on international and regional treaties to protect our own interests and the interests of our people whenever we have to get into treaties, we also have to take stock and take note of what is important to us as Zimbabweans and our people before we harmonise with other member states and that as we use renewable energy, we should look at ways of improving the use of fossils into cleaner energy, that is the use of cleaner technologies.

I want to assure both Hon. Mapiki and Hon. Nyabani that we will not abandon the already existing energy reserves that we have which are mostly the fossil resources such as coal that we already have. The idea of utilisation of renewable energy sources is not to get rid of the use of fossil fuels as such but to create a balance of all the energy resources that we currently have as a nation. We want to make sure that the thrust of our policy is to create harmonisation in the use of all the natural resources that we have so that we can be able to also use our fossil fuels as well as utilising the resources that we have in the implementation of the cleaner energy as we value add and also beneficiate.

In the past month, the Minister of Energy Hon. July Moyo was in Washington where we were negotiating with countries that are members of COP29, to allow us as African countries to continue using our fossil fuels as these are also an important aspect of our economy. As developing countries, we are not yet at the stage where we are able to abandon fossil fuels altogether. We can do this gradually as we also create more awareness and more skills and expertise into the development and utilisation of cleaner energy.

Hon. Molokela, I want to thank you for appreciating the importance of unity for Africa as they set up the Centre for Energy Efficiency as this brings unity of purpose for Africa in order for it to achieve better results and also pointing out that SACREEE will ensure that SADC member states reduce their reliance on foreign funding as they fund the institution by themselves. He also emphasised the importance of the promotion of environmental protection, especially the recognition of SDGs 13 and Section 73 of the Constitution. On the Hwange emissions, I want to assure the Hon. Member that we have a document that is coming up that is focussing mostly on energy efficiency and how to make sure that as a country we improve on the adoption of cleaner energy technologies.  These are technologies that will allow us to still use fossil fuels but reduce carbon emissions into the air, these emissions are affecting areas such as Hwange, how can we mitigate, that is to ensure that as we continue to use coal in energy generation, we minimise the amount of emissions that will be put out into the atmosphere.

I agree with him on having a strategy and master plan as we evolve and move into the use of cleaner energy so that this becomes a process that is done sustainably and with the future generations in mind so that as a country, we do not just abandon what we have but rather be able to use what we have strategically.  Thank you Mr. Speaker Sir.

Motion put and agreed to.

MOTION

BUSINESS OF THE HOUSE

HON. TOGAREPI:  I move that we proceed to Order of the Day Number 2.

HON. DR. MUTODI: I second.

Motion put and agreed to.

MOTION

APPROVAL FOR RATIFICATION OF THE INTERNATIONAL LABOUR ORGANISATION VIOLENCE AND HARASSMENT CONVENTION

THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. DINHA). Thank you, Mr. Speaker Sir.  Section 110 (iv) of the Constitution of Zimbabwe ratification of the International Labour Organisation Convention 190 on Violence and Harassment at the Workplace.

In terms of Section 110 (iv) of the Constitution of Zimbabwe, the President has the powers subject to the provisions of the Constitution to enter into international conventions, treaties and agreements. By virtue of (vi), the President is required to act on the advice of the Cabinet in the exercise of this function. The General Conference of the International Labour Organisation convened at Geneva by the Governing Body of the International Labour Office and having met in its 108^th Centenary Session on 10^th June, 2019, adopted the ILO Convention 190 on Violence and Harassment at the Workplace, which entered into force on...

HON. HAMAUSWA:  On a point of privilege!

THE TEMPORARY SPEAKER:  Yes Hon. Member.

HON. HAMAUSWA:  I wanted to hear from you Mr. Speaker Sir.  On this side, we do not have a register but on the other side they have one. I do not know what would be the reason for the discrimination.

THE TEMPORARY SPEAKER: Order, order Hon. Members!  Hon. Hamauswa, I am sure your register is coming very soon. You do not have to worry about that. Your Chief Whip and their team are sorted on that.  So, it is coming, just be patient.

Let us allow the Hon. Minister to continue with her motion.

HON. DINHA:  Thank you Mr. Speaker. The General Conference of the International Labour Organisation convened in Geneva by the Governing Body of the International Labour Office and having met in its 108^th Session on 10^th June, 2019, adopted the ILO Convention 190 on Violence and Harassment at the Workplace, which entered into force on 25^th June, 2021.

The Convention protects all workers despite their contractual status and even workers whose employment has been terminated, volunteers, job seekers and job applicants, interns and individuals exercising the authority, duties or responsibilities of an employer.

The Convention applies to all sectors, whether private or public, both in the formal and informal economy and whether in urban or rural areas. The Convention applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work, for example, work trips when travelling to work amongst others.

Member states are obliged to respect, promote and realise the right of everyone to workplaces free from violence and harassment by prohibiting it in law, policies and strategies to prevent and combat it, creating monitoring mechanisms and adopting other tools that combat sexual harassment as Government supported by employers’ and workers' organisations. Member states are also obliged to respect, promote and realise the fundamental principles and rights at work, namely freedom of association, collective bargaining, elimination of all forms of forced or compulsory labour and abolition of child labour, amongst others to promote decent work.

Member states shall adopt laws and policies ensuring the right to equality and non-discrimination in employment to protect disadvantaged groups from violence and harassment. Article 7 of the Convention provides for the ratification and registration of such with the Director General of the International Labour Office. The need to ratify the Convention is a reason due to the fact that the Government of Zimbabwe has seen it fit to embrace this historic opportunity to shape a future of work based on dignity and respect for all.

At its meeting held on 11^th March 2024, the Cabinet Committee on the Legislation recommended the approval of the aforesaid Convention. Cabinet approved the Convention on 19^th March 2024. I accordingly recommend its ratification.

Violence and harassment at the workplace constitute one of the most severe expressions of discrimination and disempowerment, hence the need for Zimbabwe to show its commitment towards ensuring a safe and productive workplace. Ratification will complement the efforts of the Government of Zimbabwe and will pave the way for continued improvements in legislation and in practice. The ILO Convention 190 on Violence and Harassment in the World of Work entered into force on 25^th June 2021 and this marks the first international treaty to address this issue.

To date, 49 member states have ratified with the latest ratification being Zambia. Of the 49 ratifications, 10 are from Africa, namely Central Africa Republic, Lesotho, Mauritius, Namibia, Nigeria, Rwanda, Somalia, South Africa, Uganda and Zambia. A number of countries are in the process of undertaking their national ratification processes.

Sexual harassment in the workplace, not only is an unacceptable behaviour, it is also detrimental to the economy and impacts negatively. It impacts employees' physical and psychological health and also leads to higher employee turnover and increased absenteeism. Hence as Zimbabwe, we need to ensure that we lay the legislative foundation of protection and prevention by ratifying Convention 190.

Mr Speaker Sir, Whereas Section 327 (2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament.

WHEREAS, the Republic of Zimbabwe is desirous of becoming a party to the International Labour Organisation Violence and Harassment Convention signed at Geneva on 10^th June 2019 and came into force on 25^th June 2021;

WHEREAS Article 14 states that the Convention shall be binding only upon those members of the International Labour Organisation whose ratifications have been registered with the Director-General of the International Labour Office. It shall come into force 12 months after the date on which the ratifications of two members have been registered with the Director-General. Thereafter, this Convention shall come into force for any member 12 months after the date on which the ratification is registered.

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

I submit. Thank you Mr. Speaker.

HON. MALINGANISO:  Thank you Mr. Speaker. The world is getting old and there are a few things left to be said and  to be heard. Do we believe in the things we have read? Do we believe in the things we have heard? I believe in the things we have analysed and understood. Mr. Speaker Sir, allow me to venture into the report by the Portfolio Committee on Public Service, Labour and Social Welfare.

1.0          INTRODUCTION

1.1    The Portfolio Committee on Public Service, Labour and Social Welfare organised a half-day workshop to sensitise all Members of Parliament on the contents and significance of the International Labour Organization (ILO) on Violence and Harassment Convention 190.  This is in line with Section 327(2) (a) and (b) of the Constitution of Zimbabwe, which stipulates that any international treaty or convention signed by the President does not bind Zimbabwe until it has been approved by Parliament. The workshop aimed to equip Members of Parliament with the requisite skills to effectively debate and assess the Convention prior to approval.       

2.0          METHODOLOGY

The Ministry of Public Service, Labour and Social Welfare was invited to unpack the Convention, while a clause-by-clause analysis was conducted by a labour law from the University of Zimbabwe. Additionally, the Committee received expert submissions from key stakeholders including the Zimbabwe Federation of Trade Unions (ZFTU) the Zimbabwe Congress of Trade Unions (ZCTU) and the International Labour Organisation (ILO). These inputs enriched the Committee's understanding of the Convention’s implications and informed its recommendations.

• COMMITTEE FINDINGS
  • The International Labour Organisation (ILO) adopted the Violence and Harassment Convention, (No. 190), on 21 June 2019, during its 108th (Centenary) Session. The Convention, complemented by Recommendation No. 206, marks the first international treaty to recognise the universal right to a world of work free from violence and harassment, including gender-based violence. Its objective is to provide a comprehensive and inclusive framework to prevent and eliminate violence and harassment in the world of work through an integrated, gender-responsive approach. It applies to all sectors and workers, regardless of contractual status, and covers all work-related settings, including public and private spaces, work-related communications, employer-provided accommodation, and commuting.
  • The Convention protects workers and other persons in the world of work, including employees as defined by national law and practice, as well as persons working irrespective of their contractual status, persons in training, including interns and apprentices, workers whose employment has been terminated, volunteers, job seekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.

3.3    It outlines the key obligations for State that ratify the Convention that they must uphold and promote everyone's right to a work in an environment free from violence and harassment. It emphasises the need to adopt an inclusive, integrated, and gender-responsive approach to prevent and eliminate violence and harassment at work, tailored to the States’ laws and circumstances. 

3.4    Each Member State must take appropriate measures to prevent violence and harassment at work by acknowledging the key role of public authorities in protecting informal economy workers, identifying, in consultation with employers' and workers' groups, high-risk sectors, jobs, and work arrangements and implementing effective protections for those most at risk.

3.5    The Convention also provides that each Member State must enact laws requiring employers to take appropriate action based on their level of control to prevent violence and harassment at work, especially gender-based. Specifically, employers should develop and implement a workplace policy on violence and harassment in consultation with workers and their representatives.  Each Member State is to include violence, harassment and related psychosocial risks in occupational safety and health management. 

3.6    Each Member State working with employer and worker organisations, should address violence and harassment in national policies (on workplace safety, equality, and migration).  The Member States should also provide guidance, resources and training especially on gender-based violence in accessible formats to employers, workers, their organizations and relevant authorities.  Member States should also carry out initiatives like awareness campaigns on violence and harassment.

3.7    Member States should take appropriate measures to promote the effective recognition of the right to collective bargaining at all levels as a means of preventing and addressing violence and harassment and mitigating the impact of domestic violence in the world of work.  Member States should support such collective bargaining through the collection and dissemination of information on related trends and good practices regarding the negotiation process and the content of collective agreements.

3.8    Victims of violence and harassment in the world of work should have access to compensation in cases of psychosocial, physical or any other injury or illness which results in incapacity to work.

3.9 The complaint and dispute resolution mechanisms for gender-based violence and harassment should include measures such as courts with expertise in cases of gender-based violence and harassment, timely and efficient processing of cases, legal advice and assistance for complainants and victims.

3.10  Perpetrators of violence and harassment in the world of work should be held accountable and Member States should facilitate their reintegration into work.  Labour inspectors and officials of other competent authorities, should undergo gender-responsive training with a view to identifying and addressing violence and harassment in the world of work

4.0    COMMITTEE OBSERVATIONS

4.1    The Committee observed that stakeholders broadly welcomed the ratification and eventual domestication of ILO Convention No. 190. There was consensus that the Convention provides a critical framework for addressing violence and harassment in the world of work, particularly gender-based violence, which remains a pervasive challenge across sectors.

4.2    The Committee noted that the Convention is expected to bring several advantages, including the promotion of safer, more inclusive and dignified workplaces.  The Convention also offers protection of vulnerable workers and the alignment of national labour standards with international best practices.

4.3    It was also observed that Zimbabwe had already taken positive steps towards implementing most of the principles outlined in the Convention through existing national legislation. The Labour Act [Chapter 28: 01] contains provisions that prohibit unfair labour practices and provide mechanisms for addressing workplace grievances. Similarly, the Criminal Law (Codification and Reform) Act [Chapter 9: 23] criminalises various forms of violence and harassment, thereby reinforcing legal protection for workers. These existing legal instruments provide a strong foundation upon which the full domestication of the ILO Convention No. 190 can be anchored.

4.4    The Ministry of Public Service, Labour and Social Welfare has developed a National Sexual Harassment Policy, which is currently being operationalised and rolled out across all sectors of the economy. This represents a significant step towards institutionalising preventive measures against workplace violence and harassment.

• The Committee also noted that while the policy framework exists, effective implementation, monitoring, and compliance mechanisms particularly in the informal sector is required to align with the broader obligations under the ILO Convention No. 190.
• The Committee noted that Zimbabwe has ratified 9 out of the 10 core (fundamental) International Labour Organisation (ILO) Conventions required of all member States, demonstrating a strong commitment to international labour standards and a positive trajectory in advancing decent work and social justice.
• The Committee further noted that the principles enshrined in Article 3 of the ILO Convention No. 190 regarding the broad scope of application of violence and harassment protections had already been incorporated into Zimbabwe’s principal labour legislation, the Labour Act [Chapter 28:01], as amended.

• COMMITTEE RECOMMENDATION

5.1    The Committee recommends that the Government of Zimbabwe ratify ILO Convention No. 190 and take immediate steps to align all relevant national laws and policies, including the Labour Act [Chapter 28:01], the Public Service Act, and Occupational Health and Safety regulations, with the provisions of the Convention. Ratifying C190 will not only strengthen Zimbabwe’s legal and institutional framework for addressing violence and harassment in the world of work but also demonstrate regional and global leadership, particularly in light of Zimbabwe’s current Chairmanship of SADC and its upcoming assumption of the Presidency of the International Labour Organisation (ILO).

• CONCLUSION

The Committee acknowledges the critical importance of ILO Convention No. 190 as a comprehensive and transformative international instrument aimed at eliminating violence and harassment in the world of work, with a particular emphasis on gender-based violence. It is evident from stakeholder submissions, existing legal frameworks, and ongoing institutional reforms that Zimbabwe has made commendable progress in laying the groundwork for the Convention’s implementation. These efforts include the enactment of the Labour Amendment Act No. 11 of 2023, the development of a National Sexual Harassment Policy, and the alignment of certain national laws with the Convention’s principles. The Committee, therefore, strongly urges the Government to ratify Convention No. 190 and to fully integrate its provisions into national laws and policies. I thank you.

+HON. BAJILA: Thank you Hon. Speaker Sir. I stand up to add my voice about the ratification that has been brought by the Ministry of Public Service, Labour and Social Welfare and the entire world. I support that Zimbabwe as a nation, agree with this agreement with other states.

First of all, I will state that this agreement brings protection to the workers, job seekers and also pensioners. There is a need to protect these people. This agreement speaks about the protection of women. There is a propensity that people are usually asked to apply for jobs in certain areas and they are coerced to first of all, be engaged in sexual activities before being accepted in these job positions.

This agreement will protect women from such behaviour and they should be protected so that they are not coerced into sexual activities as a form of guaranteeing them to get jobs. We call them carpet interviews. This will protect them from these carpet interviews. People are supposed to apply for jobs based on the knowledge and skills that they have.

This agreement is really important in our country Zimbabwe. We remember that we once had an Act in 2015 that said, “Employers have the right to fire employees without notifying them in advance”, which states the termination of employment without notice. As the Hon. Chair of the Committee, Hon. Malinganiso has said that there is a need for Zimbabwe to go back and review these Acts which we have. These Acts needs to be amended, especially the Act on the termination of employment without notice. It is one of these clauses that needs to be amended because it is abusing the workers’ rights. We need to see how best we can amend and change this Act.

There is another abuse of workers here in Zimbabwe which touches mostly on mine workers. You see employers carrying logs beating mine workers. We also see other professional fighters who are employers, beating their employees, which we call ‘karate’, in English. This is abusing workers a lot because a worker is someone who came to a place to trade his energy and skill in order to be paid. What I do not understand is, why is it that the employer beats his employees when they come to trade their strength and skill in order to be rewarded?

We want the International Labour Organisations (ILOs) to stop this. We support that Zimbabwe should also agree with other states and make sure that such behaviour is stopped. We have people that work as maids and in rural areas there are some people who work as herdmen, whom we can call domestic workers. These domestic workers are abused a lot. They are not paid enough and they are given timelines that are beyond their contractual agreements.

They take care of children, do gardening and other tasks like that. These are the tasks that they are supposed to perform and if there are people who fall sick within the family, their tasks are also added so that they take care of those people who are not feeling well within the families they work for. This is an extension of responsibilities, which I can call abuse of the workers. I feel that if Zimbabwe agrees to ratify this agreement, this is supposed to be stopped.

Lastly, I will say that Zimbabwe is now out of formal employment.  Yesteryear, people would wake up in the morning and go to work from 9 am to 6 pm.  People are now self-employed.  People are facing abuse at work.  We have some who are running their small businesses, they will then expand and end up employing other people to work for them.  Being employed by private companies is also employment. The Government must look into these issues and these people who are employed by small businesses, how are they going to be protected by the law. 

I would like to thank the labour law, the debate that has been introduced into this country.  It looks into the issues of workers, so I support this motion.  We also need this to be introduced as a law in Zimbabwe.  I thank you for these few words.

*HON. MAPIKI: Thank you Hon. Chair, for giving me this opportunity to debate.  I believe that this document is quite important, I support it.  There are gray areas that we need to look at - the issue with foreign companies that are operating in our communities, locals cannot communicate in those foreign languages.  If people are given instructions through foreign languages, they fail to  do what they are instructed and sometimes they are insulted.  So, it is important to engage interpreters who will be the bridge between the investors or the foreign managers and local communities.  Sometimes they will use sign language which obviously will be misunderstood and makes workers vulnerable and prone to abuse. It is important to have interpreters; they should be a law to that effect.  There is an issue of workers representatives, it is important to select representatives of workers union who will represent the people.  Workers are taken advantage of, as Zimbabwe we need to look at such issues.

On the issue of child labour, we must not just sign without understanding these issues because we may ignore our moral values as Zimbabwe.  In other countries 18 years old can be employed but here we can empower our children with domestic chores like tilling the land. Sometimes we might find ourselves being at the wrong side because of issues of labour related to basic African ethos like performing household chores. 

Now there is cyber abuse and these are issues that we need to consider, we need to look into them and look at the challenges that workers face.  I want to urge the Hon. Deputy Minister who is in this House to look into these issues.  The issue of salaries given to gardeners,  housemaids  and part time workers must be looked into 

So, we need to consider the ratification closely looking at how workers are going to be benefiting because the issues of abuse at work are prevalent and they are seen in different context.  I am happy that workers are going to be represented.  Because of corruption you will find that unions sometimes compromise workers and they are taken advantage of.  There are also issues of bribes and as Government we need to look into these issues.  I thank you for giving me the opportunity to add my voice.

⁺HON. MUJEYI: Thank you Hon. Speaker I also want to add my voice to the debate.  In rural areas, there are so many cases of abuse.  Young children will be given tasks to herd about 200 cattle.  It is not good for a 10-year-old child. They are only given peanuts as a salary.  I wanted to add this so that the Hon. Minister can take care of this in rural areas and because we tend to focus more on urban areas. Young children are made to work as farmers, can the Hon. Minister address this?  I thank you.

⁺HON. S. MAHLANGU: Thank you Hon. Speaker, I want to thank the mover of this motion.  It is a very good treaty which also impacts women.  Women are forced to do certain things for them to be employed and most of the time if you do something that you do not like you will not have peace of mind that is why a lot of people are being diagnosed with high blood pressure.  We welcome this international treaty because so many children are abused and they are paid meagre salaries.  We welcome this because our children will be protected.

Hon. Kapoikilu standing at the entrance, someone has collapsed.

THE TEMPORARY SPEAKER (HON. TSHUMA):  Please continue Hon. Member

⁺HON. S. MAHLANGU: Thank you Hon. Speaker, as I conclude we welcome this international treaty. As the Committee on Public Service and Social Welfare, we urge many people to support it because it will protect everyone. 

         +THE TEMPORARY SPEAKER (HON. J. TSHUMA):  Thank you Hon. Mahlangu. I just forgave you today for mixing English and Ndebele. You should not turn our language into English. You can use only one language.

HON. MADZIVANYIKA: Thank you Mr. Speaker Sir. Let me also put my full weight behind the ratification of this convention. The International Labour Organisation Convention 190 specifically looks at the prevention of violence and harassment in the workplace.  Allow me to express the slogan that is normally peddled by workers across the landscape of this country. They normally say, shinga mushandi shinga. What it means Mr. Speaker, is that when workers arrived at this slogan, it was a sign that all is not well at the workplace but as much as it is like that, they are saying we are determined to go even under those tough circumstances.

 

I am so happy Mr. Speaker, to see such a convention that comes on board to deal with the two specific items that workers normally face at the workplace which are violence and harassment. To put it very clearly Mr. Speaker, you will find that this is the first of its kind, the first of this treaty in the global forum that has been brought on board to deal with the issues of violence and harassment. It shows that these issues of violence and harassment have become so prevalent in the workplace. Violence by its nature is not nice and it takes many forms. There is physical violence, it is kicking, hitting, injuring and beating. We do not expect that at the workplace.

If you look at harassment by nature, it comes in many forms.  I can give you examples of forms of harassment. There is what we call emotional harassment. These are the modern forms of harassment, when someone, whether is a leader, management or whoever throws verbal insults at fellow workers, that is unsustainable. We expect this treaty to solve those issues. The issue of threats and intimidating your fellow workers at work must be a thing of the past once this treaty is ratified. We must move with the speed to ratify this treaty so that there is order in the workplace.

Mr. Speaker, let me also talk about sexual harassment. All unwanted sexual behaviours must be condemned and not condoned at all material times at the workplace. So this treaty comes at the right time so that it actually forms the basis or the foundation upon which sexual harassment becomes seriously considered for prosecution.  If you look at this treaty, it also provides for economic harassment. I can give you an example where someone withholds someone’s salary for some papers or doing some investigations. That must be a thing of the past Mr. Speaker.

Let me look at the benefits of ratifying this treaty in terms of the worker’s side as well as the employer’s side. Firstly, workers will benefit by having their rights affirmed, which is the right to a violence-free workplace. This is so fundamental. It will be achieved once we fully ratify this treaty because it helps to make sure that workers across the world are free from violence, regardless of their location, their job type, their size and as well as regardless of the size of the enterprise. So it is so important Mr. Speaker, to have a violence-free environment as a benefit to employees.

Secondly,, the right to dignity and respect will be seriously affirmed after ratification of this treaty. Whenever you cease to have emotional abuse at the workplace, you now have your personal dignity and personal respect which is also fundamental in our Constitution. I am sure that this treaty is actually consistent with our current Constitution. I fully support that treaty, that convention.

Let me move on to the issue of improving mental and physical well-being. There is nothing as perfect as working in a workplace that is free from violence, a workplace which is free from harassment. The mental well-being of the person of the worker becomes protected, enhanced and we fully support that kind of situation as it promotes and advances social justice and democracy at the workplace. Mr. Speaker, equal opportunities can only arise when someone feels that he is the same as the other person. You know, the problem with harassment is that it creates an unequal environment. Some people look down upon themselves because of continued episodes of harassment and violence meted upon themselves. So, they become vulnerable, they do not look equal to others. The upbringing of this convention will go a long way to eradicate this challenge. It will open up equal opportunities for all.

 In terms of employers Mr. Speaker, this treaty is also beneficial to employers. In what way? In the sense that a violence-free environment, under normal circumstances, is a productive environment. We expect to increase productivity when employees are living in a violence-free and safe environment. If this treaty is ratified and applied consistently, it will also help to reduce the risks of litigation. There are many litigants where the employer is against the employee, even up to the Supreme Court. We do not like that kind of situation. We want this treaty to act as a barrier or buffer, to ensure that everyone is aware of their rights and their rights are protected by the law.

So, finally and not least, it is also important that this treaty must be ratified as a matter of urgency. I am seeing from this report that this treaty was introduced in 2019. Zimbabwe is now moving up for ratification. Maybe six years later from 2019, it is later than what we expected. This idea of preventing violence and harassment in the workplace can never be overemphasised. It must be done as a matter of urgency. The treaty must be ratified as of yesterday. I thank you, Mr. Speaker.

ANNOUNCEMENT BY THE TEMPORARY SPEAKER

PARLIAMENT CLINIC

THE TEMPORARY SPEAKER:  I would like to bring to your attention that we have got a clinic in Parliament. It is very important for Hon. Members to constantly check on their health, things like BP, sugar levels and stuff like that. We do not want to lose Hon. Members over recklessness. So please, make it a point even daily and especially if you know that you have got a certain condition, make it a point that you get checked so that we avert disaster. – [HON. MEMBERS: Hear, hear.] -

*HON. ZEMURA:  Thank you Mr. Speaker for giving me this opportunity to add my voice to this treaty that is before us. Looking at what is being debated - harassment of people at workplace. Looking at what is happening in Zimbabwe, we can ask how many children were born by housemaids who were being sexually harassed by their bosses. This is not talked about but we know that many girls and women are being harassed at work. They end up having children who do not have birth certificates because they will be threatened if they disclose it. So, this treaty has taken long to be ratified. Many people are being harassed waking up early to do all the house chores and when everyone has gone to school or work, then the husband will come back and harass them.

I think if all that is brought out in daylight, these people should be compensated or women who are being harassed because we know that a lot of work harassment is being caused by the fact that women are quiet. Even in the industries, women are being harassed. Even in Parliament as we are saying, people are being harassed but they are afraid to disclose it. What will happen after that? So, I think this treaty should be made into a law quickly and should be ratified so that people have equal rights because this gender-based violence which is being referred to by the International Labour Organisation is a very wide topic and many people are troubled. Some people have even relocated to rural areas because of harassment at work.

So, gender-based violence and harassment is very rife as other Members have debated and our Committee Chairperson stressed on the issue. I think these issues should be really looked at so that the law should be passed because all these industries  are rotten as many people work under duress, even men are crying as a result of that. We came across a man who was being harassed by a foreigner and he wanted to kick him. He then ended up driving a grader trying to run over the Chinese. If you see a person signing that it is better to kill me, it is because he would have come to the end because some people do not want to pay their workers and it is a huge harassment that you work for 30 days, the whole month, for 12 months, which is a year and you are not given a salary when you deserve it,then you go back home without. Your wife will ask you where the money is and you will say that we were not paid.

Even in the rural areas there are people who are looking after other people's homesteads, like for people who are in South Africa or in towns but they are not paying them. When you ask them why are they still there, they do not want to leave because of their outstanding salaries. It is a lot of harassment that you work for the whole month and then you do not get paid. We want to look at how people work like what Hon. Bajila said, how some people work. People are being harassed because you know you do everything, you do not have any specific job but if you make a mistake you are made to pay for that. Even those people who herd cattle also have rights to get their salaries or they lose some of the cattle or the cattle graze in people's fields, then you have to pay.

This treat is very good if it is stressed because it will protect a lot of people. Even us here, we also have our grievances on how we are being treated because we are going to and fro signing. If we look at what the ILO is saying, it is that we are not trusting each other. We should trust each other so that we are not abused. Right now, if someone faints or collapses before signing, it means he or she will not get the allowance for the day. We also want to be sure that Hon. Speaker you protect us because we run as Hon. Members because the paper is not there. We are not listening to you because we are being harassed by the need to sign. I think we are asking you Mr. Speaker that we should not sign three times on every paper. It is a huge harassment for us Hon. Members. We are asking you because the ILO and even our Chairman for the Public Service Committee has stressed. If we try to ask him it says that it is harassment because we cannot sit down because we are thinking of signing the register. The register should come and circulate so that we sign it.

Hon. Speaker, it seems like I am out of topic but let us consider that when we are talking about harassment, we should look at how people are being harassed. We are Members of Parliament here who were voted into power. We are Hon. Members. So, if you want us to continue being harassed, you should keep on asking us to go and sign the registers. This is my workplace and I cannot keep on running to the door so that I sign. It is harassment Hon. Speaker. It is like we are referring to next door laws but we should come back home and see how we are living. We are also house girls and garden boys and should be treated with dignity and honour so that when we sit here, people know that the Hon. Members have sat down.

We want to thank those who brought this ILO as they also brought freedom because as we leave this place, we are going to change the sleeping conditions of our workers. As Hon. Members, there are areas where we were erring but we are going to rectify and we urge you to rectify also the areas that you are not looking after us well. Thank you.

         HON. MUROMBEDZI:  Thank you very much Hon. Speaker. Today, I am rising as a Member of this august House but above all, as a representative of the many workers, especially women, whose dignity, safety and economic freedom are daily violated in silence across Zimbabwe's workplaces. We are debating here not just the technical ratification of ILO Convention No. 190. We are debating the soul of our labour market, the moral compass of our institutions and the future of work in Zimbabwe. This convention is the first international instrument to recognise the universal right to a world of work free from violence and harassment, including gender-based violence and sexual harassment.

Mr. Speaker Sir, violence in the workplace is not abstract, it is real. It is the waitress who is groped by her boss but dares not to speak for fear of dismissal. It is the young woman in a Government internship propositioned by a senior official in exchange for a contract. It is the nurse in a rural clinic, threatened and insulted by patients or supervisors with no recourse. It is the man humiliated and bullied at work but with no system to report. International Labour Organisation (ILO) Convention No. 190 offers a framework. Zimbabwe urgently needs, a gender-responsive, victim-centred and inclusive approach to ending violence and harassment at work. Its scope is broad and it covers formal and informal sectors, public and private, urban and rural. It covers job seekers, domestic workers, volunteers and those who have already left employment. It even recognises the impact of domestic violence on the workplace. This is progressive and timely for Zimbabwe.

Mr. Speaker Sir Zimbabwe cannot ratify this convention in good faith if we are not prepared to reform our own house as was being referred to by previous speakers. What use is ratification when complaints of sexual harassment are buried in bureaucracy? When gender-based violence at work is treated as a private matter? When women are asked what were you wearing, instead of how can we protect them? This Parliament has a duty to make the workplace safe for all. I call upon the Government to end harassment and violence at work in law explicitly and comprehensively.

Establish a gender-sensitive complaint mechanism with confidentiality, protection from retaliation and swift justice. Mandate workplace policies on harassment, violence, especially in Government Ministries, parastatals and companies with state links. Train labour inspectors, police, the judiciary on gender-based violence at work, ensuring they respond with empathy, urgency  and professionalism. Recognise and support victims of domestic violence with leave, counselling and reintegration into work. Mr. Speaker said ratifying the ILO Convention 190 is not just a legal formality, it is a moral obligation. As Zimbabwe has an ambition of becoming an upper middle-income economy, let us be known as a country where workers, especially women, are not abused into silence but empowered by justice. Therefore, I urge this House to support the ratification but more than that, I urge this House to demand implementation, reform and accountability. Violence at work is a violation of human rights. Let us not delay.  Let us ratify this Convention 190.  I thank you.

HON. MOLOKELA-TSIYE: Just one debate. We are here to debate, our constituencies are waiting for us. Just one.

THE TEMPORARY SPEAKER (HON. J. TSHUMA): Is there something new that you are saying?

HON. MOLOKELA-TSIYE: Yes, it is very new.

THE TEMPORARY SPEAKER: If there is nothing new and it is repetitive, I will ask you to stop it. Go ahead.

HON. MOLOKELA-TSIYE: Thank you so much. May God bless you. Hon. Speaker, thank you for the opportunity to add my voice to the support of the ratification of the ILO Convention 190. As a son of a trade unionist, I grew up in a coal-mining town where I experienced a lot in terms of workers' rights. My father used to be the committee chairperson for the Hwange Colliery company workers, 5,000 workers for almost 15 years. As a child, I was influenced by his behaviour and conduct in representing the rights of workers in Zimbabwe. I am proud to say that I am the son of one of the founders of the Zimbabwe Congress of Trade Unions and also a founder of the Associated Mine Workers Union of Zimbabwe, the late Godfrey Mguni.

I stand proud as a representative of the people of Hwange this afternoon in supporting the ratification of this convention. It is a very relevant and important convention to the people of Hwange. Why because it is the first international treaty to recognise the right to a world of work free from violence and harassment, including gender-based violence. Hwange is a town built for workers, trade unionism and labour movements. This convention is very important to us as the people of Hwange. I am very disappointed that since the convention was signed in June 2019 and ratified by the minimum number of 22 countries by June 2021. Zimbabwe up to today has still not yet ratified it. To date, almost 50 countries in the world have ratified it and I am happy that Zimbabwe is finally going to join that elite list. It is better to be late than never. Having said that, I also want to encourage Zimbabwe, as the current chairperson of the SADC countries, to show leadership in terms of mobilising other African countries, especially in the SADC Region where we are the Chair, to also join Zimbabwe in signing and ratifying this important convention. I also wanted to say that Zimbabwe is already complying, to an extent, with some of the basic principles of this convention.  Inadvertently, Zimbabwe has already started complying through the adoption of the National Harassment Policy and also around sexual harassment, especially through the Public Service Commission to the extent that we are already addressing those issues.

As we ratify this convention, we are encouraged to go deeper and make sure that we have not only just policy changes but also legislative changes in line with that.  This means that we need to align, after ratifying this convention, several important laws that relate to labour. Starting with the Labour Relations Act, we need to realign the law.

We also need to realign the Public Service Act.  We also need to realign Occupational Health and Safety regulations, among other policy frameworks. We also need to make sure that our national Gender Policy is also realigned in terms of the expectations of this convention. Beyond realignment, we also need to show leadership as Zimbabwe, as the SADC Chair, by making sure that we implement the principles and terms of the articles contained under the convention.  In particular, Zimbabwe is a country that needs to step up when it comes to the promotion of gender equality, especially from the point of view of ending gender-based violence. We are not supposed to just ratify a convention like this one. We are supposed, as a country, to show leadership by increasing funding for institutions that seek to promote gender equality and also to eliminate all forms of gender-based violence.

To that extent, I take this opportunity to encourage us as Zimbabwe to invest more in supporting institutions such as the Zimbabwe Gender Commission. The Zimbabwe Gender Commission is a very important player in making sure that Zimbabwe not only ratifies a convention like this one but also implements its principles. I am aware that the Gender Commission does not have physical offices in all the provinces of the country.  Some of the country's provinces, like Matabeleland North, where I come from, do not have physical offices of the Gender Commission. We are not expected to fight to end all forms of discrimination, especially gender-based violence, if we do not invest in institutions such as the Zimbabwe Gender Commission. So, I want to challenge us as Zimbabwe to make sure that all provinces are covered.

The traditional provinces like Matabeleland South and Matabeleland North which are normally left behind, are still being left behind, even when it comes to fighting against all forms of discrimination, especially from a gender point of view.  Please let us capacitate institutions such as the Zimbabwe Gender Commission, so that people of Matabeleland North and South who have been left behind also get included.

I also want to talk about the fact that the convention recognises the informal sector.  It is very important to Zimbabwe because every social economist, every researcher who does social economics, will tell you that for the last 30 years, our economy has been devolving from being a formal sector to an informal sector to the extent that the Labour Relations Act was enacted in 1985, long before Zimbabwe's economy became informal.  We now need to make sure that as we ratify this convention, we also take specific measures to ensure that the Labour Relations Act responds directly to the informal sector because it is designed more for the informal sector.

The particular example that we heard earlier today, I need to reinforce it, that within the informal sector, there are employees who work for those who are in the informal sector.  The Labour Relations Act of this country does not necessarily recognise such employees or workers. So, we need to adapt and respond to the situation. I would like to thank you for the opportunity to debate.  Thank you.

         *HON. NYABANI:  Thank you Hon. Speaker. Let me add my voice. I want to thank the Hon. Minister for this treaty.  It has come at an opportune time. I think this should be rectified, especially when we look at people with disability in workplaces. The disabled people should work freely and in suitable environments.   In Zimbabwe, we do not encourage child labour. A lot has been said about women.  How they work and how they acquire jobs. I think our women should be morally upright because we know that there is a gender parity between men and women.  I think Zimbabwe is now ripe and it is now time for them to sign, to ratify the treaty so that it joins other countries.

Furthermore, I think these laws should be revamped so that all people work without being harassed at work. You find that people living with disabilities and those living with albinism are not employed because they are said not to be able to do the work – that is discrimination. They are being harassed because of being disabled but once this law is in place, it will now look at all people as the same with people earning the same salary without harassment. So, I want to thank you Mr Speaker with these few words. Thank you.

THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. DINHA):  Thank you Mr Speaker Sir. Firstly, I would like to thank all the Hon. Members who have given their contributions for the insightful and fruitful deliberations.

I also want to take note of the observations from the Portfolio Committee on Public Service, Labour and Social Welfare and stressing that violence and harassment also affect the quality of public and private services and may prevent persons, particularly women, from accessing, remaining or advancing in the labour market.  I also want to acknowledge them for their input on gender-based violence and also to commend them for supporting the ratification.

I also want to thank Hon. Bajila for his contributions, especially on women, that this convention will protect women and reduce carpet interviews when women are seeking jobs.  I have taken note of your observations and concerns, especially on the plight of workers who are subjected to harassment by employers.  I want to assure you that the ratification of this convention will end violence and harassment in the workplace and also will ensure a safe and productive workplace.

I also want to thank Hon. Mapiki for supporting the ratification. I have taken note of your observations of foreign companies doing business in Zimbabwe to have interpreters so that there is an understanding between the employer and the employees and there will not be any language barriers.  I have also taken note of your concerns about child labour but I would like to say that as a country, we condemn child labour, we do not support child labour.

Hon. Mujeyi, your contributions to young children ploughing and working in the fields and being given peanuts, we do not support that. We condemn child labour.

Hon. Mahlangu, I would also like to thank you for supporting the treaty as it impacts women, especially sexual harassment at workplaces.

Hon. Madzivanyika, for your contributions and support of the Convention 190 dealing with violence and harassment, which is prevalent in workplaces.  You indicated that it is in support of workers' rights, the right to a violence-free workplace and also the right to dignity and respect.

Also, I would like to commend Hon. Madzivanyika for recommending that the Treaty must be ratified with speed. I would also like to thank Hon. Zemura for supporting the Treaty. I would like to commend you for raising the point of house girls being sexually harassed at work. Hon. Murombezi and Hon. Molokela, I have taken note of your observations and I would also like to thank you for supporting the Convention. Lastly, Hon. Nyabani, you came out with a new contribution to persons with disabilities. I would like to thank you for your point because persons with disability should be protected. Therefore, I accordingly recommend the ratification of Convention 190. I submit. Thank you.

Motion put and agreed to.

MOTION

BUSINESS OF THE HOUSE

HON. KAMBUZUMA:  Mr. Speaker Sir, I move that Orders of the Day, Number 3 to 30 be stood over until Order of the Day Number 31 has been disposed of.

HON. NYANDORO:  I second.

Motion put and agreed to.

MOTION

ESTABLISHMENT OF AN ACT OF PARLIAMENT ON COMMUNITY SHARE OWNERSHIP SCHEMES

Thirty-First Order read: Adjourned debate on motion on the need to establish community share ownership schemes through an Act of Parliament.

Question again proposed.

HON. NJANJI:  Thank you Mr. Speaker Sir. Let me take this time to support the motion before the House, which seeks, among many things, the enactment of an Act of Parliament for the entrenchment of community share ownership schemes. I want to collaborate the highlighted facts by other fellow Members of this 10^th Parliament. It is indeed imperative, if not long overdue, for us to have this Act in line with the trajectories of Vision 2030 and the mantra of our President of Nyika inovakwa nevene vayo. A nation is built by its own people.

I fully support the motion to make it mandatory for companies to invest back to the people. This is really well defined from some of the constituencies which are so endowed by numerous natural resources but with poor infrastructures, poor schools, poor healthcare systems and poor households, despite being surrounded by so many of the God-given resources. It is common knowledge that we have companies in various sectors, mining, agriculture, tourism and businesses operating in constituencies where they benefit from all the resources but without an iota of thought for the locals who are the custodians of the heritage of the places.

Therefore, Mr. Speaker, it is our quest for rural industrialisation and modernisation, guided by the mantra of leaving no one and no place behind. I strongly support that companies should at least receipt 10% of the local communities as part of corporate social responsibility. If judiciously harnessed, such funds should contribute towards the construction of various infrastructure and establishment of platforms that will benefit the youths, the women, elderly and disabled as well as other vulnerable members of our society.  In so doing, we will genuinely contribute towards the attainment of upper-middle-income society by 2030. Thank you Mr. Speaker Sir. I so submit.

HON. ENG. MHANGWA:  Thank you Mr. Speaker Sir for the opportunity. I rise to add my voice to the contentious issue of community social responsibility.  The corporate social investment that Hon. Hlatywayo brought to this House, in part, I agree that there is a need for organisations to plough back to the communities where they come from. In part, I am also convinced by the sentiments raised in the early parts of the debate by Hon. Mambipiri who spoke about his misgivings about this corporate social investment. I would not want to outrightly dismiss this proposal. It is true that business in Zimbabwe currently is overtaxed and if the corporate social responsibility comes in the form that it is proposed, a quantum of 5%, it is indeed another tax that is coming if it is going to a central pot.

Many of the businesses are in survival mode. If the motion assumes that every business gets the same treatment.

THE TEMPORARY SPEAKER (HON. J. TSHUMA): Order, order, Honorable Member. Honorable Members, please be a bit silent so that the Member can be heard in silence.

HON. ENG. MHANGWA: Thank you, Mr. Speaker Sir. The motion assumes every sector can be levied at the same quantum. It also assumes that lack of development is due to a lack of resources which may not necessarily be the case at all times.  I was heartened and share the same sentiment as the Hon. Member who spoke about the social labour plans from South Africa. We can learn a lot from this, bundling all commercial entities in an all-size-fits-all does not work.  The South African case speaks to communities engaging with the mining houses from where they are to get the corporate social responsibility. These mining houses go through a consultation process. In the consultation process, they come up with projects that they would do in the next five years as part of the licencing agreement of the mines.

This brings with it a few advantages that I want to go through. If this is done on a five-year horizon, it allows companies to spread their resources and do projects that ordinarily could not be completed in a one-year cycle. It helps people to plan for bigger projects.

For argument's sake, if in a municipality, in a locality, where you need to do some water treatment plant, for example, that requires 20 million, there is no single business that can supply that money in one financial year. If this is done over a period of time, it can be split over a multi-year period and it can be achieved. The second thing is if the money gets used at the point where the very companies are located.  It helps in a sense that it does not go to a central pot and get misappropriated or directed elsewhere.

Mr. Speaker Sir, it is a model that I advocate for, a model that speaks to the differences within sectors. It is common knowledge that some sectors within Zimbabwe are struggling while others are creaming Zimbabwe of its resources.  There is need to segregate the two. A flat figure will not do justice to what is happening. Some businesses are going through incubation stages.  Some businesses have low entry levels in terms of capital that is required.  The two areas cannot be treated the same. Equally, for businesses that come to a community to extract resources, it speaks volumes and it puts a bigger burden on those companies to be levied.

I remember when we were doing the budget debate, we had a long debate over the proposed levying which other Members felt should be at 10%, some felt it was supposed to be at 5% and there is a reason why we settled for 2%. In as much as extractive industries remain very lucrative, they have high capital requirements. It takes a long period for some of the businesses to break even. 

It is my proposal that further to the segregation, further to have this difference, it may also be useful to have a clause in the law of corporate social responsibility. These companies have a form of a compulsory incubation programme where employment, graduate traineeship programmes and apprenticeships can be done in the law of corporate social responsibility. Why do I propose this? When this is done, it ceases to be merely handing people something that is for free but it empowers people for good.

Mr. Speaker Sir, if for argument's sake, a mine trains several of our graduates from different disciplines, they come up with their own company. That company is subcontracted and it is a local company. The money they make will be spent in the same community.  If subcontracting, for argument's sake, is for 30% of the work, we are sure that the 30% is kept within that community. It is my proposal that there is a need to further push that beyond all this - where we have clinics, where we have hospitals, where we have roads leading to mines, leading to manufacturing hubs, it may be prudent that in the law of corporate social responsibility, investment in roads, providing medicines is regarded as corporate social responsibility and it is calculated towards the target that we want to achieve. Through this tangible, programmes whose value

Hon Members having been speaking too loudly.

THE TEMPORARY SPEAKER:  Order, order,  Honourable Members, your whispers are too loud, can you please respect the proceedings here, if you want to talk go outside and talk, please, we cannot have that kind of disrespect.

HON. ENG. MHANGWA: Thank you Mr. Speaker for protecting me.  I was referring to the mandatory levels of local employment, bursaries, provision of medicines, libraries, road upgrades that can be enumerated and credited against the CSI account. This is more progressive and does not lead us to be overly taxing organisations.  It is my belief that with the few submissions that I have made, we can come up with a scheme that is not burdening on the business.  We must come up with a scheme that does not kill the potential in business.   We must ensure that for all the losses in the environment that we incur as communities, there is something that we can count on as having been done within our communities by the businesses that make profits out of us. I so submit.

         *HON. MURINGAZUVA:  Thank you Mr. Speaker, good afternoon.  I want to add my voice to the Community Share Ownership Trust. It is a topical issue for us Zimbabwean citizens. Let me give you an example of a community share trust in Africa, which is called the Royal Bafokeng Kingdom or the Royal Bafokeng people of South Africa.  That area is in Rustenburg, which is in the North West Province of South Africa. The number plates are written Platinum Province.  In that province, there are about 150 000 people.  Out of the 150 000, they have 129 rural villages.  Those 129 villagers, all those people did wonders in 2010 when there were World Cup Games. They have a campaign called the Royal Bafokeng Holdings which oversees the fans. In 2010, the Royal Bafokeng Stadium built a stadium where some of the games of the World Cup were played. It means it was a world-class stadium. They built a stadium worth USD45 million and that stadium is there. It is called the Royal Bafokeng Stadium Palace. Where did the money come from? It came from the Community Share Ownership Scheme. Not even a single cent came from the Government of South Africa.

If you see people constructing a stadium for USD45 million, it means it is now pension. They are through with education, hospitals or even the roads. Right now, in their pockets, they have USD4 billion. Where is that money coming from? It is coming from the share of what is coming from their place, which is platinum. There are companies like Anglo- Platinum, Raw Mill and especially Implats.

Royal Bafokeng Holdings has 13% shares in Implats. Implats is listed at Johannesburg Stock Exchange. They are the same people who own Zimplats in Zimbabwe. They have a company of 150,000 people. They are like two constituencies here in Zimbabwe. What I am trying to explain is that Zimbabwe can get there as well. We were on that trajectory when we came up with the Indigenous and Economic Empowerment Act of 2007. We had said that every company that will come and take our minerals in our places should leave a certain percentage to our people. As it stands, when we had agreed to that, we moved on very well.

Let me give you an example. When this law was put in place, we had many companies that were forced to pay this money and a lot of development took place. For example, in Zvishavane, in the education sector, the money was coming from Community Share Ownership Trust. Those were formed at that time when this law was in place were about 60. This means there was one for each administrative district.

Further to that, I will give an example of two districts only because a lot happened like in Zvishavane. The Community Share Ownership Scheme in the education sector was given USD12 million andhey constructed 24 blocks and 24 teachers' houses. Ten schools were electrified, eight schools were fitted with furniture and one school was fenced and painted. If you go to the health sector, seven clinics, one new clinic and two clinics were fitted with modern equipment, targeting women. Also, one clinic was electrified and 49 boreholes were drilled across the district. On food security, there were purchases of five ploughs. This is just an example of one district.

We can go on and look at Gwanda, Tongogara and so on. As a nation of Zimbabwe, we can get there where the Royal Bafokeng is because we have been endowed with a lot of wealth. Zimbabwe at this point, the wealth is underground. We have 13 billion tonnes of gold which is underground. We have 2.8 billion of platinum, 10 billion tonnes of chrome, 25 billion tonnes of coal which is underground, without mentioning copper or single phosphate. What does this mean? It means that we are like what Mike Rutherford’s saying which says “Beggars are on the beach of gold”, trying to explain that we are people who have a lot of wealth.

We have a bowl, but we are sitting on top of gold. We have a begging bowl whilst we are sitting on gold. What is using that? This law of Indigenous and Economic Empowerment Act of 2007 was removed with the Finance Act of 2018, which said that companies in Zimbabwe are not mandated to give any shares to the people of Zimbabwe, and to that area where you are mining, you can do whatever you want.

That is when we came up with corporate social responsibility (CSR), that companies are now giving people what they want and what they feel like giving them. Let me give you an example of corporate social responsibility. We have a mineral which is not underground. We have forests and there is what is called carbon credits. What they are saying is that by 2050, carbon credit business will be about USD150 billion business per year for Africa only and USD900 billion all over the world. What does it mean? It says that Zimbabwe is ranked Number 4. What is carbon credit? The trees that we have in this country which we grew up seeing, I mean our indigenous trees.

A person is coming from Europe and they say I am the one who is managing all these trees here. The oxygen that is being made by these trees, I am going to sell it to Emirates in Dubai. Those people are being given USD20 million, USD30 million per year. The people who are managing, how do you manage a tree that just grows on itself, those indigenous trees? No one waters them. After getting USD30 million, I will give you an example of what is happening.

They will go and build and sink boreholes for USD5,000, but he would have taken USD20 million or USD10 million. He then comes and sinks a borehole for USD5,000 and claims to  have given back to the community. We will then ululate that a company has brought development. What they are giving us are breadcrumbs. The breadcrumbs that you read in the Bible, the story of Lazarus when the rich man was feeding on the table and Lazarus was eating the bread crumbs. We do not want their breadcrumbs. We do not want the social responsibility.

We want the piece of cake. What troubles us is the story of Lazarus, where in the end Lazarus and the rich man went to heaven, but Lazarus started feasting whilst in heaven and the rich man was burning in hell. Then as black people we will say let them take their riches and we will benefit in heaven. We do not want that Mr. Speaker, we want our peace. What are we saying here when we are saying that our people should be given their shares? 5% is too small from what we are expecting because we are the owners of the place. We have laws and treaties that were conventions, international treaties, which speak of our rights as the people in the community. I am talking about the district level up to the village level. We have a right to get and enjoy the fruits of the areas. Allow me to read. “The African Charter on Human Rights, on human and people's rights, recognises that all people shall freely dispose of their wealth and natural resources. This shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. Article 21 section 5 of the African Charter on Human Rights and People's Rights, mandates that state parties to the present Charter shall undertake to eliminate all forms of foreign exploitation, particularly that practiced by international monopolies, so as to enable their peoples to fully benefit from the advantages derived from their natural resources”.

I do not know whether we are agreeing on that. “Indeed, our people have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or under traditional occupation or use as well as those which they have otherwise acquired”. What I am saying is that it is our right. The Finance Act of 2018 has disturbed our rights because it is the one that is saying that we are not allowed to push companies to pay. We are not allowed to force companies to give us what they want.

The Finance Act is interfering with the Constitution of Zimbabwe, international treaties and all that happened in our international treaties and conventions. I gave an example of carbon treaties, that the company will give you whatever they want, which are the breadcrumbs. The company came to Zimbabwe to look for money. As we are saying, how can they give us money without anyone forcing them? The taxes that we are paying, all of us, pay income tax each and every month. Is there anyone who can pay an income tax if income tax becomes voluntary? If tollgates are now voluntary, how many people will pay tollgates?

The same applies if we do not have any law that forces these companies to give us a share of the money that they are getting, they will not give us anything. In that sense, I say that all of us as Hon.  Members, are encouraged to sit down and come up with a law that will enforce these companies to pay us. Thank you.

*HON. NYABANI: Thank you Mr. Speaker. I want to say that the minerals in Zimbabwe were being mined a long time ago. If you look at countries that are mining or investing in here, they have made profits already. Some are saying they are not making profits but since 1890, the minerals from Zimbabwe, were being taken out by investors mining. If we look at the Great Dyke, people say that there is a platinum. That is what they declare but there are a lot of minerals in the Great Dyke. The minerals that are declared by companies are those minerals that are of low value. This means that our minerals are just going for free and they are leaving us with walls.

If you go to Pfungwe, Rushinga,and Zvishavane, there are a lot of holes that were left behind. Nothing of subsistence is happening. So, with the money that is left, when it comes to social responsibility, I think we should be tough because we are biting a small chunk. We should do a social investment. Responsibility is just sinking a borehole. We want cases where schools are built and dams are constructed sothat when those minerals are depleted, at least we will have something to point at. If we go to Chiadzwa where minerals are being mined, the companies are not able to give people roads, dams or good schools.

I am supporting the person who brought this motion, that 5% is nothing because if you do not know how much you are worth, you can look down upon yourself. We do not know how our minerals are worth. I was asking one person about the tobacco that we grow here, we sell it at USD4 or USD3, but out there it will be USD50, USD30 a kg. Let us look at the bigger picture, if our non-renewable resources are mined, they are mined. So, if we are only left with the holes, what will happen? So, I am supporting that if it is possible, for the 5%, it should be 10% because the roads are left with holes, it should be an investment, not a social responsibility.

It should be a social investment in our communities. With these words, I think at least people in the rural areas who are crying, should be helped by the companies that are mining because people are crying but nothing is happening. With these few words, I want to thank you.

HON. KARENYI: Thank you Mr. Speaker Sir. I would like to add my voice to the motion that was raised by Hon. Hlatywayo. The reason is that ploughing back into the community is a noble idea because if you check our communities, especially in our constituencies

HON. KARENYI:  Thank you Mr. Speaker, I would like to add my voice to the motion that was raised by Hon. Hlatywayo and I would like to say that ploughing back to the community, is a noble idea. If you check, our community, especially in our constituencies, taking back to 2012-2013, when I was a Member of Parliament for Chimanimani West, we had a serious problem which was happening through the mining of our diamond for Chiadzwa mining field, and most of the residents, lost their cattle.

What I know, Mr. Speaker, is most of them lost 10-12, and to be specific, which is documented. My mother lost 53, and there was no compensation through the water pollution for Odzi River. So, Mr. Speaker, I think this motion will lead us somewhere. Companies do not exist in a vacuum. They thrive on public infrastructure, local labour and public infrastructure.  They also thrive on community support, because without the support, obviously, they will not go anywhere. It is not only just but essential they give back to the very ecosystems that enable their success.

We believe, that ploughing back into the community is not an act of charity, it is an investment in a shared future. Mr. Speaker, when companies support education, health facilities and our infrastructure, they are not just doing good, they are also doing well. A healthy, educated and stable community provides a strong workforce, a loyal customer base and a safer operating environment.

Moreover, in an age of rising inequality and environmental degradation, corporate responsibility is not optional. The voluntary model has proven inadequate. Greenwashing and token donations are not enough. Reinvestment must be deliberate, sustained and embedded into corporate operations. Mr. Speaker, I strongly feel that we must also have a law of compensation and also a law which will make sure that these companies plough back.  That percentage, Mr. Speaker, I think we must try to go at least 10 or 15 percent, because people are suffering, especially in our rural areas.

To oppose this motion, is to suggest that business owe nothing to the people and places they depend on. That model is outdated, Mr. Speaker, unethical and unsustainable. It is time we hold companies accountable, not just for profit, Mr. Speaker, but for purposes. With these few remarks, Mr. Speaker, I am proud to also support this motion. I thank you.

*HON. NKANI: Thank you, Mr. Speaker, for giving me this opportunity to add my voice on this very important motion that was brought into this House by Hon. Hlatshwayo.  Mr. Speaker, the Community Share Ownership Trust was introduced by the Government of Zimbabwe through the Indigenous Act [Chapter 14.33] and the Statutory Instrument [21:2010] that provided for the establishment of Local Community Ownership Trust.

This trust, Mr. Speaker, established an Act that was a vehicle of community development, ensuring that locals benefit from the exploitation of natural resources extracted from their areas of jurisdiction. However, Mr. Speaker, this law was repealed by the Finance Act of 2018, meaning that at the moment we have no law which binds these companies, especially those engaged in mining, to contribute to the development of our areas. Mr. Speaker says, it is saddening that areas with rich mineral, resources like my constituency like Chakari, which has vast deposits of gold, almonds and other minerals, are being mined by these companies using our roads which they do not even repair.

If you ask them to repair the roads, they will tell you that we paid to local authorities, and if you ask how much did they pay, they pay about US$250 per annum to local authorities, and that would be enough. But honestly, is it justified that a company mining gold in an area pays only US$250, and the rural councils cannot use US$250 per annum to service these roads? On the other side, Mr. Speaker Sir, we cannot blame these companies because no law compels them to do what they are supposed to do. Now, in the presence of this void where there is no law, people of influence go to the same companies because they know these companies are making money.

People of influence, people of names, big names, they will go to the same companies and request to be given some monies in the pretext that they are developing the communities. And because there is no law, those monies will go directly into individual pockets, and this is what is happening. I personally went to some of these companies and asked them to help us build and repair clinics and roads, they told me that so and so was here yesterday and we gave him a full truckload of cement. There is no law, you see, Mr. Speaker Sir, I am in real support of this motion that a law must be enacted to protect the locals from this abuse. To sum up, Mr. Speaker says, if this law is to hold water, number one, committees to manage these trust funds should embrace the principle of stewardship accounting.

Meaning that these funds, this community share trust belongs to the community and not those elected or appointed to manage the trust. We have seen this happening, those in the Community Share Ownership Committees abusing the same funds again. So, there must be a strict law to make sure there is a principle of accounting stewardship is maintained.

I also propose that rural district councils should be accounting officers to these funds. Looking at the lower ranks of accounting officers at district levels, when it comes to censure, when it comes to auditing, we know no one can threaten even the auditors. If we put people of high ranking in these committees, for example, it is not bad to have chiefs in these committees but to be signatories, Mr. Speaker says, I do not think it is a noble idea.

Chiefs should be part of the committees but should not be signatories. Members of Parliament and councillors should be members of these committees but not signatories again. Let us have lower-ranking people be signatories so that they become accountable when it comes to responsibility.

I also recommend that the Auditor General should be allowed to audit these funds. If we say they must be audited or checked at local levels, truly speaking, there is nothing that we would be doing. So, I recommend that the Auditor General do the audits for the Community Share Ownership Trust.  I so submit, Mr. Speaker says. Thank you. Thank you very much, Hon. Members.

         HON.  KAMBUZUMA: I move that the debate do now adjourn.

         HON. NYANDORO: I second.

         Motion put and agreed to.

         Debate to resume: Wednesday, 21^st May, 2025.

         On the motion of HON. KAMBUZUMA, seconded by HON. NYANDORO, the House adjourned at Thirteen Minutes to Six o’clock p. m.