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NATIONAL ASSEMBLY HANSARD 24 SEPTEMBER 2024 VOL 50 NO 87
PARLIAMENT OF ZIMBABWE
Tuesday, 24th September, 2024
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. TOGAREPI: I move that Orders of the Day Numbers 1 to 12 be stood over until Order of the Day Number 13 has been disposed of.
HON. MUSHORIWA: I second.
Motion put and agreed to.
MOTION
CANCER AWARENESS PROGRAMMES AND MODERN CANCER TREATMENT EQUIPMENT FOR MPILO AND PARIRENYATWA HOSPITALS
Thirteenth Order read: Adjourned debate on motion on the need to raise awareness and invest in the state-of-the-art equipment for cancer treatment.
Question again proposed.
HON. SIHLABO: Thank you Hon. Speaker. First of all, I would like to thank Hon. Dr. Khupe for raising this motion. This scourge is really taking its toll on the people of Zimbabwe. My contribution on this scourge is that initially before we start working on trying to get machines for this scourge, can we get our hospital infrastructure sorted out? Let us have medicines. I will give you an example Hon. Speaker, of Plumtree Hospital, where we even struggle to feed patients, where we even struggle to clean the linen for the patients, let alone buying machines for cancer. My view personally is we begin to work on getting the infrastructure on hospitals to work properly and get training for young graduates. We have got graduates who just qualified and because of lack of infrastructure, it is going to be very difficult to train them for them to participate in either research or treatment.
Hon. Speaker, first of all as a country, I think as the Ministry of Health, we need to first work hard to get our infrastructure to a sound standard. You find a cancer patient in Plumtree who needs radiotherapy being referred to Mpilo Hospital, if he gets to Mpilo, he is asked to join a queue – my mom had esophagus cancer not long ago before she passed on. We queued for months before we could even get a chance for therapy until we had to transfer her to Harare for radiotherapy which became extremely expensive. It is extremely expensive because firstly, you do not have a place for the patient to stay until her day arrives. Basically, we need to fund these hospitals to bring them to a level where patients can be treated.
Hon. Speaker, yes, we can advocate that we can put taxes on products with sugar to enable us to buy machines for radiotherapy but really if we have not improved the hospital services, including medicines, it is going to be very difficult. I think let us start by doing basics, let us have clinics and hospitals with medicines and food. It is the funding for these hospitals which is quite low for these hospitals to get medicines for the patients.
Hon. Speaker Sir, we need basic healthcare so that we can advance and start buying these machines which other Hon. Members talked about. Some cancers are treatable as we have seen with Hon. Dr. Khupe. We should put a lot of effort in funding our hospitals so that they can carry out treatment for this disease. We also need to assist in at least every district to have palliative care because what happens is when a cancer patient has reached a certain stage, the best we can do is to give her a decent way of looking after him or her. We need institutions in our big towns like Harare, Bulawayo, Gweru et cetera, where we can allow for palliative care to be done. We should have nurses to look after the patients who will have reached the stage where they really need help and relieve the pressure from the families who are looking after them. At least put them in institutions like those and that can only be done by funding the health sector.
As Parliamentarians, I think our task is to try to negotiate and urge the Ministry of Finance to increase the budget towards equipping our hospitals. Let us urge the Ministry of Finance to at least reach the minimum level of the agreed protocols at least 12% of the GDP so that we do not have hospitals which are underfunded. I so submit Hon. Speaker – [HON. MEMBERS: Hear, hear.] –
+HON. B. NDLOVU: Thank you Hon. Speaker for allowing me to add my voice to the motion which was moved by Hon. Khupe regarding cancer and the different complexities surrounding cancer. First and foremost, I want to thank His Excellency, Dr. E.D. Mnangagwa for his love and for teaching us what love is, for teaching us humanity, which allows us to support our own when they are facing challenges. I also want to thank the love of our First Lady who has shown her philanthropic commitment to the people of Zimbabwe. When we look at women, the cancer pandemic is indeed a challenge and her support means that she is a true philanthropist who loves the people of Zimbabwe and also cares about their livelihoods. I also want to say that it is important that people are taught about cancer so that they understand its dangers, especially in rural areas. You would notice that some people in rural areas fall sick and aspersions are cast in their midst. People claim superstitious explanations like witchcraft, but it is important that we educate people at the grassroots and traditional leaders so that they understand that cancer kills. When we do that, then this would ensure that those who suffer from cancer would know where to go to seek healthcare assistance.
When we look at our Ministry of Health and Child Care especially during budget discussions, we then need to make sure that the Ministry has enough money to cater for such disease. When the prevalence of cancer continues to rise without any intervention, it will affect our people who will end up going to seek treatment outside the country. So, I implore this House to work together and unite in discussing the allocation of funds to the Ministry of Health. This will also motivate our people so that they have faith and belief that their relatives can be assisted if they seek medical attention. There is a myth that without education, people think that they might not get any treatment or assistance but when someone goes to seek medical attention, then they can get help from our medical institutions. These are the few words that I just wanted to add, especially looking at rural areas. Urban areas mostly have access to information and awareness campaigns are done in urban areas because they are accessible. However, we have rural areas which are in the outlying areas and are difficult to access. Sometimes these are areas where our source of wealth as a nation comes from, in the peripheral areas. I thank you Mr. Speaker Sir.
*HON. MASHONGANYIKA: Thank you Hon. Speaker for affording me the opportunity to add my voice on the motion on cancer which was raised by Hon. Khupe. Let me start by saying that concerning the cancer disease, it is a disease which is causing havoc among people. If one gets diagnosed with cancer, it can lead to a lot of stress and that person might be in need of counselling to accept that they are now a cancer patient. However, in women, cancer is normally cervical or breast cancer. To men, the most common one is prostrate cancer. The number of people who can be affected by cancer can be reduced through prevention. We can prevent cancer by raising awareness as MPs representing constituencies. So, we go back and talk to them about cancer. We should be going around talking to them on how cancer affects people, the symptoms and any signs that might show that one has cancer. People will then be educated and will know more about cancer. Firstly, we must talk to them on how to check for lumps in their breasts. When they are bathing, they must raise their left hand and if the breast goes up with the hand movement, then they know that there is something happening which could be a cancer lump. Do the same thing with the other hand. If you have a lump in your breast, the lump starts small just like a tree which is germinating. At this time, the tree is not strong and can easily be moved by wind because it is being held by one root which is the taproot. This could be the early first stages of cancer where one can easily go and get help. When the lump is mature and has features like roots that is the same thing which happens to the whole body. It means that the disease has developed. That is when we start to talk about first, second, third and fourth stage. It is quite possible for a breast to be removed so that it does not spread and develop throughout the body. Most women go to hospitals to have the breast removed when the lump has fully matured. Usually the breast is removed but the person is not totally healed. The patient might go through chemotherapy.
Coming on to cervical cancer; when we are talking to women, we actually tell them that cervical cancer does not need a lot of things. I know women put a lot of traditional herbs down there. We might say it is a taboo to talk about these things and become shy, it does not help. The herbs that we put down there end up affecting the cervix. As time goes on, it creates the cancer cells on the mouth of the cervix. At the end of the day, the person is affected. When the disease is detected early and the cervix is removed, the person might be able to live longer. There are stages where the cervix might be removed but it does not help anything because the cancer would have already spread throughout the whole body. That is another way of preventing the cancer.
Another way that we use to educate women about the cancer disease is that we must be able to educate people so that they get help. I lost my cousin sister through cancer and most of her body parts had been affected, especially the delicate parts like liver, kidney and uterus. So, when you get to that stage where the body parts have been affected, the cervix might be removed but most of the time you remain in pain. Sometimes it is quite possible that doctors can tell you that you will only live for a certain period of time. In English, they say prevention is better than cure and if you do not prevent, you may face a lot of problems because there are many problems which are created by cancer. One can die and leave behind a young family. Cancer does not consider the age of someone – the disease can affect everyone.
If a woman passes away because of cancer, you may see the children struggling and facing a lot of challenges in life. Government is heavily burdened by orphans who are left behind due to parents who die of cancer. It is a disease which is very difficult to treat. I feel very sorry for the children who are being left behind. Let us be united so that we fight cancer and prevent it.
For men, they encounter prostate cancer and there is a stage at which it is removed. But when the disease spreads throughout the body, even if it is removed, there is no significant change which happens. I want to plead with Government to procure machines like what other countries are doing so that they are able to remove the prostate cancer. In most times, men are told that those who are sexually active do not succumb to prostate cancer. Mr. Speaker Sir, let me say that most men are being encouraged to sleep with many women so that they eradicate cancer. That is not true. I know for a fact that women reach menopause but with men, they still crave for sex even if they are older. According to our cultural practices, when women suffer from this disease, they take their niece and give her to the husband so that he continues to enjoy his conjugal rights all in a bid to prevent prostate cancer. Imagine Mr. Speaker, at your age, being given a young woman like the age of your niece and this was a way of trying to prevent prostate cancer.
Our grandparents used to give their nieces to their husbands so that they continue to enjoy sex and prevent prostate cancer. We must teach these things to all the people in our rural areas. I know our laws allow men to enter into polygamous marriages and this decision was taken up after discovering that women would grow old and men would be in need of sex. Get me right, I am not saying that Hon. Members should go and have many wives but I am just stating things as they are. My main point for discussion is for men to know more about prostate cancer and preserve life.
There is one medical doctor that I know who encouraged many
Zimbabweans to plant more beetroot because beetroot is preventing men from prostate cancer. It is the biggest herb being used to prevent cancer. You must eat more beetroot. As Members of Parliament, let us go out and encourage men to eat beetroot. It is easy to plant and if you remember Dr. Chavhunduka who was specialised in herbs, he used to help people. When he passed on, it ended there and nothing was done in terms of herbs.
It is very painful that right now there is a big number of children whose school fees have to be paid by BEAM, but if you do a thorough research, you find that most of their parents died because of cancer. That is why I am saying it is pertinent to prevent cancer. I am not going to repeat on how women can prevent cancer because I have already talked about it.
Women know some of the things which cause cancer on them. I am encouraging more research to be done in terms of herbs. I am encouraging Government to look more into the issue of herbs so that we know how best we can use them. Right now, people are obsessed by the sausage tree mumvee. People are saying that it is helping to treat cancer, but if the Government is not more into herbs, you may see that most of the time, these things are done privately and benefitting a few people. Since we are the ones who are responsible for crafting laws, can we make sure that for these herbs, proper research is done and published well so that everyone will benefit?
Let me conclude by saying women know a lot of stuff. I am going to repeat these things and say in the past, there were many practices which were done like using herbs to enhance breasts. That is how they were used and it was another way of preventing breast cancer. Let me conclude by saying, let us accept the herbs and do more research because they help very much.
I also want to thank the First Lady, Dr. Auxilia Mnangagwa that wherever she goes, she is educating people. She travels in different areas with a team which screens for cervical cancer on women. What she is doing right now helps us a lot to reach a milestone of not losing many women through cancer. It helps us a lot even in preventing women from dying from cancer. Many old women are dying from cervical cancer in our society, yet they play a major role because they look after orphans who were left behind by their children.
I also want to thank the Hon. Speaker for the words that I have spoken, which I was emphasising on the issue of cancer that we can prevent it. The treatment of cancer is expensive and it needs people who have got a lot of money. It is difficult to get medication for pain and you find men and women crying to show that they are in severe pain. The medication to stop pain is given once a month and it needs a lot of money. It is difficult to raise such an amount of money for a person to buy medication to relieve pain.
So, I am saying prevention is better than cure rather than letting the disease affect someone who ends up in need of money to buy medication. May Government also source machines which can detect the disease in its early stages. This will help us to detect if it is prostate cancer, cervical cancer, breast cancer or any type of cancer. It will help us as a country to prevent more deaths which are being caused by cancer. Thank you.
*THE HON. SPEAKER: I encourage that when you speak in vernacular language, let us not mix languages. If you are speaking in our vernacular language, you must not mix with English. When you are speaking, people will be listening and it will help us to preserve our language so that they do not die and we continue to preserve them and teach the language. Am I clear on that? Hon. Mashonganyika, you have done very well. We have learnt a lot today about mumvee.
HON. MUROMBEDZI: Thank you Mr. Speaker Sir. I rise today on a motion that addresses the concerns of cancer in Zimbabwe, particularly in our rural and marginalised communities. Cancer has emerged as a significant health challenge, accounting for over 7 500 new cases and more than 2 500 deaths annually. Despite these staggering numbers, access to cancer diagnosis, treatment and caring remains highly centralised in urban areas, leaving many rural residents without hope. Today, I want to focus on how we can help transform cancer care in these under-represented communities, leveraging local and regional successes, creating partnerships and synergies, as well as calling for substantial investments in healthcare infrastructure and awareness.
My debate will emphasise on three key areas. One, increasing access to cancer diagnosis and treatment. Number two, investing in research and development for cancer solutions. Number three, implementing robust awareness campaigns for early detection and prevention.
Increasing access to cancer diagnosis and treatment in rural areas; Zimbabwe has two hospitals equipped with cancer treatment units, Mpilo Hospital in Bulawayo and Parirenyatwa Hospital in Harare. These two facilities play a critical role in providing care but they are insufficient for a nation where the majority of the people live in rural areas. For a rural woman diagnosed with breast or cervical cancer, travelling hundreds of kilometres to Harare or Bulawayo is simply not feasible. As a result, many patients are diagnosed too late when the disease has progressed to advanced stages, making treatment expensive and less effective.
I propose that we establish one well equipped centre treatment in each province, beginning with the most under-served areas. Such centres, like the motion has stated, must have state of the art equipment such as combined CT, PET Scanners, which provide accurate diagnosis and are essential for administering the right treatment. We should also train and deploy specialised oncologists and nurses to these centres, incentivising them to work in rural areas by offering competitive salaries, housing and other benefits. In countries like Rwanda, healthcare system has integrated local community health workers who serve as the first point of contact for cancer screenings. This approach has successfully reduced the burden of centralised hospitals and has led to early detection of the disease. Zimbabwe can adopt a similar model by empowering rural clinics to conduct basic cancer screening and refer patients to provincial cancer centres.
Number two, investing in research and development for cancer solutions. One of the most powerful statement made by Hon. Dr. Khupe during her personal battle with cancer, was the emphasis on the role of research and development. Research and development are the cornerstone of modern healthcare system that aim to develop new treatment and refine existing ones, making them more effective and accessible to citizens. Zimbabwe has some of the brightest medical professionals in the world but their talents are largely under-utilised due to the lack of funding for research and medical trials.
The Government’s investment in research and development for cancer care will enable us to discover new locally relevant cancer treatment that addresses our unique challenges, including those related to environmental factors and dietary patterns. In India, for example, clinical trials and advanced medical research have made the country a destination for cancer treatment, attracting patients from all over the world. Zimbabwe can also emerge as a leader in cancer treatment in the region provided we focus on developing cutting-edge treatment. By prioritising our needs, we can reduce relying on external countries for treatment and build a self-sustaining cancer care model here at home. We must look beyond the region solutions and invest in long term cancer treatment strategies that include clinical trials, research into new medications and the development of locally manufactured treatment like what many previous speakers have alluded to.
Number three, implementing robust awareness campaigns for early detection and prevention. One of the most significant barriers to effective cancer treatment in Zimbabwe is late detection. Many people in rural and marginalised areas are unaware of the early warning signs of cancer, leading to late stage diagnosis when the disease has already become aggressive. Early detection does not only improve survival rates but also reduces the cost of treatment significantly. To reduce this issue, I propose that the Government of Zimbabwe partners with Non-Governmental Organisations, religion groups and community leaders to initiate nationwide cancer awareness campaigns. These campaigns should focus on educating people about common cancers like breast cancer, cervical cancer and prostate cancer, among others. They should emphasise the importance of regular check-ups.
Hon. Dr. Khupe’s Foundation has been instrumental in having cancer awareness, particularly among young women. The Government must expand on these efforts by ensuring that every village and rural clinic has access to information on cancer prevention, symptoms and treatment options. One of the most promising models for raising awareness comes from South Africa where mobile clinics have been deployed to perform screenings in remote areas. I propose that we adopt similar approaches, particularly in areas like Mashonaland West, Matabeleland North and Manicaland, where healthcare facilities are scarce as well as Mashonaland Central. These mobile units could offer free cancer screening and distribute educational materials on healthy lifestyles and early detection.
Additionally, we must focus on promoting healthy dietary habits as stated before, so that nutrition plays a significant role in cancer prevention.
My proposal for the way forward; provincial cancer treatment centres, I have already spoken about it and have been spoken about by speakers before me on community health workers for cancer. Number three, cancer research fund and cancer awareness campaign as well as cancer screening clinics.
In conclusion, cancer is a formidable opponent but it is not untreatable. By investing in infrastructure, research and awareness, we can create a health care system that is responsive to the needs of all Zimbabweans, regardless of where they live. Let us take inspiration from the success stories of Hon. Dr. Khupe, who despite facing cancer, received the right diagnosis and treatment when she had access to modern medical technologies. I call on this House to prioritise cancer care, not just in words but in action. Let us commit to creating a future where no-one dies negligently from cancer due to lack of access to treatment. Together, we can build a healthcare system that delivers for every citizen, ensuring that every Zimbabwean, urban or rural, have opportunity to live healthy lives. I so submit.
THE HON. SPEAKER: Thank you very much Hon. Murombedzi. I have been away and I come back only to have these surprises of excellent debates. Quite refreshing indeed. Keep it up.
ANNOUNCEMENT BY THE HON. SPEAKER
CONSTITUENCY DEVELOPMENT FUNDS
THE HON. SPEAKER: I have got two announcements. I have to inform the House that following the presentation of the Mid-Term Budget and Economic Review Statement on 25th July, 2024, Treasury has since availed USD50 000 as Constituency Development Funds. Hon Members are therefore urged to start submitting their projects for consideration before 30th November, 2024. The submissions should be made to Mr. Mbiri or Ms. Munemo, in office 105, First Floor, New Parliament Building.
All returning Hon. Members of Parliament who had not submitted their previous returns are advised to first acquit what they had received in the previous years before accessing new funding. In addition, Hon. Members are kindly requested to start implementing projects as soon as funds have been deposited into their accounts so as to ensure that these projects do not take long to be completed.
ANNOUNCEMENT BY THE HON. SPEAKER
ANNUAL CHARITY GOLF TOURNAMENT
THE HON. SPEAKER: I wish to remind the House that Parliament of Zimbabwe will be hosting its Annual Charity Golf Tournament on Friday, 27th September, 2024 at the Police Golf Club. The proceeds for the event will be donated to Mazowe Old People’s Home. All Members are urged to support the event by sponsoring teams or taking up various sponsorship packages available. Those interested in participating in the event or taking up sponsorship packages should contact the Director, Public Relations, Mr. N. F Makubaza on 0712524172 or Mr. N. Nyathi on 0775331987.
*HON. SAMSON: Thank you Hon. Speaker Sir, for giving me this opportunity to add my voice to the issue which was raised by Hon. Dr. Khupe regarding the cancer epidemic. It is quite touching because when we look at women, you find that cancer is very prevalent in women. This can affect the cervix and it can also affect the breast. This disease is really worrying. It is important that we come together to address it despite the fact that it is more prevalent in women and men should not say that it is a women’s disease. When we look at the people that are dying as a result of cancer, the number is quite high. The challenge being that even when you go to the hospital, you would find that it takes time to be detected. When detected Hon. Speaker Sir, the damage will have been done.
Furthermore, it affects mostly women because most of the times, even when a man has his wife – I am going to give an example of a case from my neighborhood, when the woman was diagnosed with cancer and she went to Parirenyatwa for treatment, she was amputated. After her amputation, the man then decided to go to the in-laws and demanded for a replacement of the wife who was amputated. The in-laws said it is okay, we are going to give you a replacement but the man moved out from his homestead and he went and cohabitated with another woman who did not have cancer.
Hon. Speaker Sir, in our culture, when people vow that they will be together for life, they should respect those vows. To men, this shows that they do not vow in earnest when they say that we will be separated by death. I have noted that such vows to men are not adhered to. Men do not wait to be separated by death but when the wife is diagnosed of cancer, men normally leave the wife for another woman but as women we vow in earnest. Hon. Speaker, Sir, when I vow, at my wedding, I do mean it. When the man falls sick, you discover that a woman will be there until the husband’s death.
My plea Hon. Speaker, is that as Members of this august House, when we go back to our constituencies, we should educate people about cancer screening. I also want to take this opportunity to thank our First Lady who moves around the country in different areas where people do not go for screening early. Our First Lady normally encourages women to go for cancer screening. I want to thank her because most women who live in rural areas, after getting that education about cancer, would go for screening.
Hon. Speaker Sir, if possible, I want also to implore hospitals and health centres in different areas around the country to be given machines for cancer screening and testing. Sometimes you would find that people are not getting tested because they do not have transport money for them to travel to Harare and other urban centers. Having these machines in districts would really be ideal because people will be tested in their own areas. This disease has taken away a lot of lives; most children are now orphans. They are left without their mothers because this disease is not affecting men as much as it is affecting women. I am happy because the previous speaker said that there is a herb which is called mumvee, which is quite good in the treatment of this disease. If this is true, then this would go a long way because if there are other alternatives that can be used by people in peripheral areas, then it will be important to educate people on how this is used. You would remember that in the past, this disease was in existence, but it was not as prevalent as it is now. Furthermore, it was just treated using traditional herbs so, does it now mean that all the traditional healers have died? Long back anyone who suffered from cancer was assisted and treated fully. My desire was to debate on this motion so that everyone who is here work together to fight cancer. It is not about treatment only, but also to educate people in the communities you live in. Those with the ailment can then get assistance through awareness. Educating people is very important because you will have empowered the people in your community. Finally, my desire is for women and men to vow in earnest, not to deceive each other. I know a number of people who were dumped by their husbands despite suffering from cancer. That is when we see the essence of the vows, “till death do us part” where people are supposed to look after each other. However, instead of giving care to each other, you find partners abandoning each other. This disease affects people a lot because when you find that you have cancer, sometimes you suffer mentally and psychologically or the actual physical demise. I want to thank Hon. Khupe who is a testimony of the goodness of God. She recovered and today she is testifying the goodness of God. She also testifies the goodness of His Excellency who committed resources for her treatment. If we had the same spirit to help others when we have access to resources, it would be a relief to those who need assistance. It does not need His Excellency, the President only but as Hon. Members, we can also help our people whether with transport or other means. I thank you once again for the opportunity to debate.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): I move that debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday 25th September, 2024.
CONSIDERATION STAGE:
PRIVATE VOLUNTARY ORGANISATIONS AMENDMENT BILL [H. B. 2A, 2024]
Amendments to Clauses 1, 2, 4, 7, 9, 10, 11, 12, and 17, put and agreed to.
Amendment to New part 4, put and agreed to.
Amendment to the 2nd Schedule, put and agreed to.
Bill, as amended, adopted.
Third Reading: With leave, forthwith.
THIRD READING
PRIVATE VOLUNTARY ORGANISATIONS AMENDMENT BILL [H. B. 2A, 2024]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Mr. Speaker Sir, I now move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Before I move to the next item, I just want to thank Hon. Members for this historic moment where the Private Voluntary Organisations Bill has been passed by the National Assembly. The Bill is largely revolutionary and it will allow the sector to be governed in a manner that will speak to who we are as a country. I want to thank all the Hon Members for the robust debate that was there and the improvements to the Bill that was brought by Hon Members.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Having said that, I move that Order of the Day Number 2 on today’s Order Paper be stood over until Order Number 3 has been disposed of.
Motion put and agreed to.
RECOMMITTAL STAGE
ADMINISTRATION OF ESTATES AMENDMENT BILL [H.B. 3B, 2024]
Third Order read: Recommittal Stage: Administration of Estates Amendment Bill [H.B. 3B, 2024].
House in Committee.
On Clause 3:
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): These were just minor amendments which were legal to ensure that we word the paragraph in a manner that is appropriate. It is not something that was significant and I agreed to the amendment that Senate made to ensure that it is readable. I propose that the House agrees to that amendment.
Amendment to Clause 3 put and agreed to.
Clause 3, as amended, put and agreed to.
On Clause 4:
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Again, this was an amendment proposed by the Senate where in the administration of estates, the creditor would actually influence the appointment of an executor, a creditor and legatee. The Senate felt it was not appropriate that those that are owed participate in the appointment of an executor. I agreed with them. Hence, we deleted after the words “next of kin” the words “failing him or them, a creditor or creditors failing him or them, a legatee or legatees”. We felt that an executor should be appointed by the relatives and then he will listen to their concerns, the monies or whatever they are owed and decide appropriately. Therefore, it is just a simple amendment that I put before the National Assembly that let us adopt it. It is a progressive amendment from the Senate. I so submit.
HON. MUSHORIWA: Madam Chair, I want to stand to support that amendment that was brought by the Minister from the Senate. One of the challenges that we have been having is that of creditors that have literally taken advantage of various estates and ordinarily when you have got a creditor controlling and choosing who has to become the Executor, they do not look in the best interest of the estate. They tend to look for instance, if it is a property, if they want to sell the property, they do not sell at the best price, but they do what is called the forced value of a property, the sort of price that you get when you send your house to auction. If you have got a proper executor who looks at the best interest of the estate, he tends to sell at a proper price. So, to that extent, I think the proposal is a noble one and progressive. I want to thank the Senate and the Minister for having considered that. Thank you.
Amendment to Clause 4 put and agreed to.
Clause 4, as amended, put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
ADMINISTRATION OF ESTATES AMENDMENT BILL [H.B. 3B, 2024]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): I now move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Thank you Mr. Speaker Sir. Once again, I want to thank Members of the National Assembly for another landmark law that has been passed by this august House that will make it easier to administer deceased estates. A lot has been happening and we believe that the passing of this law will allow the administration of estates to be done in a manner that will provide justice to those beneficiaries that should receive what is due to them. So, I want to thank Hon. Members for the robust debate on the amendment that made this law what it is now.
Secondly, I also want to thank the Hon. Senators. Many a times when we send a Bill to Senators, they just pass it but this time around, they were very critical, looking at issues and they picked critical issues and brought the Bill back to the National Assembly. It shows the robustness in our legislative Houses so to speak, by way of improving Bills that come from the Executive, that come even from the National Assembly. I want to applaud Hon. Members for a job well done. Thank you.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Having said that, I now move that Order of the Day No. 4 be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 3 FEBRUARY, 9 MARCH, 6 APRIL AND 27 APRIL, 2024 BY-ELECTIONS
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Thank you Mr. Speaker. I rise that this House takes note of the Reports of the Zimbabwe Electoral Commission for the 3rd February, 2024, 9th March, 2024, 6th April, 2024 and 27th April, 2024 By-elections, presented to this House in terms of Section 241 of the Constitution of Zimbabwe. I so submit.
Hon. Madzivanyika having stood up to debate after the Temporary Speaker had asked the Minister to take the floor.
THE TEMPORARY SPEAKER (HON. MACHINGURA): I asked for any debate and nobody showed up. So, I am surprised, you are up.
HON. MADZIVANYIKA: I was standing but you did not recognise me. You were not looking this side.
THE TEMPORARY SPEAKER: Honourable!
HON. MADZIVANYIKA: With your indulgence Hon. Speaker.
THE TEMPORARY SPEAKER: You are an honest man, I suppose Honourable.
HON. MADZIVANYIKA: Thank you Mr. Speaker. It is imperative that we tell the truth at all material times in Parliament. All those elections that preceded the 23rd August Elections were not according to the law. Those elections were a serious travesty on our justice system in Zimbabwe. It is imperative to say that elections under normal circumstances must be defined by freedom. We do not believe in the interference of the law, especially to do in terms of voting. – [ HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members!
HON. MADZIVANYIKA: It is my submission that…
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): On a point of order. Hon. Speaker, when reports are brought to Parliament in terms of the law, you do not then debate and say the law that allowed you to sit there and allowed that particular by-election to happen is illegal. Otherwise, the Hon. Member must resign because he is not respecting the very Constitution that obligated me to bring the report into this august House. So, he is questioning even the Constitution that I used. He is questioning the very sitting of this Parliament to say we are not supposed to be here. I am actually surprised that he is not honourable, honest and truthful person to himself. If he does not want to be here and believe that this is an illegal gathering, he must tender his resignation now and leave the House. I so submit.
THE TEMPORARY SPEAKER: Hon. Madzivanyika, why should you want to debate things that are not in the report?
HON. MADZIVANYIKA: Mr. Speaker, let me make this very clear to you.
HON. SITHOLE: On a point of order. I think the Hon. Minister is correct. I also want to add, when he is having a query, talking about the Chairman of the SADC when he comes, now the chairman of the SADC is so close here. He must cry, he must go and report there.
THE TEMPORARY SPEAKER: Hon. Madzivanyika, I advise you not to proceed with that debate.
HON. MADZIVANYIKA: What is the reason Mr. Speaker Sir?
THE TEMPORARY SPEAKER: You are not debating the –[HON. MADZIVANYIKA: I am debating the elections that took place, the by-elections after August, 2023 Elections.] -No, I advise you not to continue.
*HON. NYABANI: For Hon. Madzivanyika to continue debating, he must withdraw what he said that Parliament was not constituted lawfully.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): I move that this House adopts the report of the by-elections as…
HON. MADZIVANYIKA: On a point of privilege. Is this the procedure that – [HON. MEMBERS: Inaudible interjections.] - Can I be protected Hon. Speaker?
THE TEMPORARY SPEAKER: Order Hon. Members! Can the Hon. Member be heard in silence?
HON. MADZIVANYIKA: Is this the procedure, the fact that you stopped debate as if there is no one who wants to debate. My voice was going to be important here Hon. Speaker although I may be, to some view alone or the minority but my words are important. Before you close this debate, probably allow me to debate. We cannot amount to stiffle the voice of…
THE TEMPORARY SPEAKER: Hon. Madzivanyika, I respect what you say but when I advised you to discontinue with the debate, you were actually advised and then you sat down. I called out, is there any further debate? Then there was no further debate and I called the Minister. The Minister has moved for the adoption of the report. So, there is nothing wrong with the procedure.
HON. SITHOLE: I do not think it is good for him to be remaining debating here; because Hon. Nyabani, I concur with you, he said he must withdraw the statement that the elections were cheated. Also, the Minister said he must put his resignation because he said elections were not free. Why is he here?
HON. KUKA: On a point of order.
THE TEMPORARY SPEAKER: What rule of procedure has been breached?
*HON. KUKA: Honourable Speaker, some are talking without quoting the law.
THE TEMPORARY SPEAKER: So, Hon. Member, you want to just debate without referring to the rule book. Take your seat Hon. Member.
HON. KUKA: Hon. Speaker, I request that you take my point of order like what you have been doing with others.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: (HON. Z. ZIYAMBI): Mr. Speaker, you did make a ruling on what the Hon. Member said. The Hon. Member alleged that this House is improperly constituted and he is seated there. Can he withdraw that statement or else I propose that a privileges committee be set to investigate his conduct?
THE TEMPORARY SPEAKER: Hon. Madzivanyika, can you please withdraw the words you said that the constitution of this House is unlawful and the elections were unlawful.
HON. MADZIVANYIKA: Hon. Speaker, thank you for the position. Let me tell you one thing, I never said that – [HON. MEMBERS: Inaudible interjections.] – Can we refer to the Hansard Hon. Speaker, so that I withdraw what I exactly said – [HON. MEMBERS: Inaudible interjections.] - It is important Hon. Speaker for me to withdraw what I exactly said. Let us just refer to the Hansard, if there is any problem with the way that I have said it, I will gladly withdraw Hon. Speaker.
THE TEMPORARY SPEAKER: Hon. Madzivanyika, when I asked you to withdraw, it is unconditional. If you want to check what you have withdrawn with Hansard, it is still okay.
HON. MADZIVANYIKA: I withdraw Hon. Speaker.
THE TEMPORARY SPEAKER: The Minister had moved for the adoption of the motion.
Motion put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION ON THE 2ND OCTOBER 2023, MAKONI RDC WARD 33 RUN-OFF ELECTION
Sixth Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission on the Makoni RDC Ward 33 Run-off election held on 2nd October, 2023, presented to this House in terms of section 241 of the Constitution of Zimbabwe.
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENT AFFAIRS (HON. Z. ZIYAMBI): I move for the adoption of the report;
Motion that this House takes note of the Report of the Zimbabwe Electoral Commission on the Makoni RDC Ward 33 Run-off election held on 2nd October, 2023, presented to this House in terms of section 241 of the Constitution of Zimbabwe, put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 9 DECEMBER 2023 BY-ELECTIONS
Seventh Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the 9th December, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe.
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Mr. Speaker, I move that the report be adopted;
Motion that this House takes note of the Report of the Zimbabwe Electoral Commission for the 9th December, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe, put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 11 NOVEMBER 2023 BY-ELCTIONS
Eighth Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the 11th November, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): I move for the adoption of the report;
Motion that this House takes note of the Report of the Zimbabwe Electoral Commission for the 11th November, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe, put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 2 DECEMBER 2023 BY-ELECTIONS
Ninth Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the 2nd December, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe.
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Hon. Speaker, I move for the adoption of the report;
Motion that this House takes note of the Report of the Zimbabwe Electoral Commission for the 2nd December, 2023 by-elections, presented to this House in terms of section 241 of the Constitution of Zimbabwe, put and agreed to.
MOTION
APPROVAL FOR RATIFICATION OF CHANGE OF NAME FROM COMPANY FOR HABITAT AND HOUSING IN AFRICA TO SHELTER AFRIQUE DEVELOPMENT BANK
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI, ZIYAMBI) on behalf of THE MINISTER OF NATIONAL HOUSING AND SOCIAL AMENITIES (HON. GARWE): Mr. Speaker, I rise on behalf of the Minister of National Housing and Social Amenities that:
WHEREAS subsection (2) of section 327 of the Constitution of Zimbabwe provides that any Convention, Treaty, or Agreement acceded to, concluded, or executed by or under the authority of the President with one or more foreign states or governments or international organisations shall be subject to approval by Parliament.
WHEREAS the founding Member countries of the Company for Habitat and Housing in Africa (Shelter-Afrique) agreed to establish Shelter Afrique according to a Memorandum of Understanding on the “Establishment of an African Housing Development and Finance Institution” in 1981. Following that, in 1982 the founding Member countries of Shelter Afrique adopted the “Constituent Charter of Shelter Afrique”, which established Shelter Afrique and provided that the organisation would be governed by its statutes, which were also adopted in 1982. The Members called for a review and amendment of the Statutes and as a result, they seek to amend, restate, and consolidate the Existing Constitutive Documents (the Statutes, the Memorandum of Understanding, the Convention, and the Constituent Charter), to reposition Shelter Afrique to reflect its original vision and intention of its founding Member countries, and to change Shelter Afrique’s name from the “Company for Habitat and Housing in Africa” to “Shelter Afrique Development Bank”, including refining its purpose and functions as an African development finance institution devoted to addressing evolving needs for housing in Africa;
AND WHEREAS the terms of the Agreement Establishing the Shelter Afrique Development Bank dated October 5, 2023, requires that all Member Countries ratify the Agreement Establishing Shelter Afrique Development Bank as amended in 2023;
NOW, THEREFORE, in terms of subsection (2) of section 327 of the Constitution of Zimbabwe, this House resolves that the aforesaid agreement be and is hereby approved for ratification.
Motion put and agreed to.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Thank you Mr. Speaker Sir. I want to thank the Hon. Members. This is a very progressive MOU which we have ratified to allow the development of our housing infrastructure. I want to thank the Hon. Members for that.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): Mr. Speaker, I move that Order of the Day No. 11 be stood over until Order of the Day No 12 has been disposed of.
Motion put and agreed to.
MOTION
APPROVAL FOR THE RATIFICATION OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) PROTOCOL ON ENVIRONMENT MANAGEMENT FOR SUSTAINABLE DEVELOPMENT
Twelfth Order read: Adjourned debate on motion on the approval for ratification of the Southern African Development Community (SADC) Protocol on Environment Management for Sustainable Development.
Question again proposed.
Motion that:
WHEREAS section 327 (2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by the President’s Authority does not bind Zimbabwe until it has been approved by Parliament;
WHEREAS Zimbabwe signed the Southern African Development Community (SADC) Protocol on Environment Management for Sustainable Development on 18th August, 2014, along with eight (8) other SADC Member States;
WHEREAS the Protocol will enter into force thirty (30) days after the deposit of instruments of ratification by two-thirds of the SADC Member States;
AND WHEREAS to date, four Member States have ratified the Protocol;
NOW, THEREFORE, in terms of section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Protocol be and is hereby approved for ratification, put and agreed to.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI), the House adjourned at Twenty-Eight Minutes past Four o’clock p.m.