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SENATE HANSARD 13 NOVEMBER 2024 VOL 34 NO 12

PARLIAMENT OF ZIMBABWE

Wednesday, 13^th November, 2024

The Senate met at Half-past Two o’clock p.m.

PRAYERS

(THE ACTING PRESIDENT OF SENATE in the Chair)

ANNOUNCEMENT BY THE ACTING PRESIDENT OF SENATE

BILL RECEIVED FROM THE NATIONAL ASSEMBLY

THE ACTING PRESIDENT OF SENATE (HON. SEN. KAMBIZI): Good afternoon Hon. Senators. I have to inform the Senate that I have received the Death Penalty Abolition Bill [H. B. 5A, 2024] from the National Assembly.

MOTION

BUSINESS OF THE HOUSE

THE DEPUTY MINISTER OF VETERANS OF THE LIBERATION STRUGGLE AFFAIRS (HON. H. MOYO): I move that Order of the Day, Number 1 be stood over until the rest of the Orders of the Day have been disposed of.

Motion put and agreed to.

MOTION

MINISTERIAL TASKFORCE TO CURB CASES OF CHILD ABUSE

         Second Order read: Adjourned debate on motion on children in conflict with the law due to drug abuse.

         Question again proposed.

         ^{^^}HON. SEN. MOHADI: Thank you Mr. President for giving me this opportunity to add a few words on this very important motion regarding child abuse which was moved by Hon. Senator Tsomondo. 

         It is crucial because it highlights the abuse of children which is in different forms.  Some are being abused because they are orphans, some are sexually abused and others are abusers of drugs.  In summary, I would like to focus on those that are being abused because they are orphans. 

         In some cases, these children are subjected to abuse due to divorces.  Most of these children are abused due to failure to get basic needs. Sometimes guardians who try to give help to these children later fail to provide for them and they let them engage in activities that will expose them to abuse. When they are among other children, they tend to be traumatised for the rest of their lives because of this miserable upbringing.  They feel they are not at par with their counterparts.

         If we face challenges pertaining divorces, as their guardians, we need to see to it that for school going children, we try by all means to assist them to ensure that they go to school.  This will help in ensuring that when they grow up, they become better parents tomorrow.  The moment they fail to go to school, they are exposed to different kinds of abuse where some of them try to cross borders to other countries to fend for themselves and they encounter major challenges along the way.  

         The same children are at times raped. Let us say in instances where parents are divorced and these children remain with one parent -  whether the mother or the father, for instance it will be a girl child  and she remains with a male parent, she ends up encountering rape, abuse wherever she will be kept, either by this male parent or relatives to the male parent, who is the father. Still looking at the same abuse issue, you realise that most of these children end up engaging in drugs and some of them choosing to stay in the streets because they will be having nowhere to go. 

         In addition to this, the same children contribute to the greater number of children that drop out of school because of failure to get parents who pay school fees for them and there will not be any parent to encourage them to go to school.  Therefore, some of them who will have gotten that opportunity to go to school, they leave school due to pregnancies whilst they are as young as 13 or 14 years because they would not have had any parental guidance.  Those that have guardians staying with them, those guardians do not enforce those parental guidelines to them. 

         For the orphaned, when I got to this other area, as I was talking to one of the village workers, she indicated that they have people that come from suburbs who abandon their children to them and they do not have much to help these children.  The other abuse that we encounter that is associated with child abuse is with regards to parents who are Zimbabweans and would have crossed borders to other countries like South Africa, leaving their children in Zimbabwe.  During the holidays, these parents talk to transporters who will ferry these children from Zimbabwe to South Africa where they will be staying and some of them end up being trafficked.  As we look towards the festive season which is also the rainy season, we realise that rivers like Limpopo will be full of water. 

         Mr. President, like someone who stays in the border areas, allow me to confirm that we have encountered challenges like last year, 2023, we had children who were crossing Limpopo River and died in the process as they were going to the neighbouring country.  Therefore, looking at such a challenge, we encourage parents to ensure that their children have passports so that they can cross the border officially to avoid such kinds of deaths. 

         Mr. President, looking at the issue of sexual abuse, yes, there is a challenge, these children are not protected at all, no one ensures that these children get the protection that they require.  It is our duty as legislators to ensure that these children are protected.  The other heartbreaking issue is that as you walk down the streets, you meet them all over doing different illegal activities and these children do not have time to go to school.  They spend their time asking for food and money in the streets.  It is my plea that our Government ensures that these children get help and go back to school.  It is never too late to send them back to school. 

         Mr. President, due to this kind of life that they are exposed to in the streets, they end up being ignorant of their future because they do not see school as something that is productive.  They will be engaged in all the illegal activities that are destroying their future. Let us ensure that these children are moved from the streets to schools.  Looking at these ministries which include the Ministry of Public Service, Labour and Social Welfare, they should ensure that in helping these children they put in place a policy that will reprimand those who will be found abusing these children.  The Social Welfare Department should ensure that these children’s parents or guardians are given help regarding sending these children to school. For BEAM, it should send funds on time to ensure that these children remain at school.  Home Affairs need to ensure that these children are protected in all forms because they are our future leaders of tomorrow.  Once we retire, these children will be the ones leading our country.  So, this is not possible when they remain in the streets, when they go to other countries and when they are not protected. 

         THE ACTING PRESIDENT OF SENATE:  Hon. Senator Mohadi, you are left with four minutes. 

^^HON. SEN. MOHADI: Thank you, I am about to finish. The other Ministry is the Ministry of Health and Child Care. They need to focus on the issue of the different diseases that end up affecting these children, which includes HIV and AIDS. When these children remain without protection, they are likely to be vulnerable to these diseases. Together we can make it. Let us see to it that these children are protected. With these few words Mr. President, I thank you.

         HON. SEN. SIBANDA: Thank you Mr. President and thank you again to Hon. Senator Tsomondo for this motion. A lot has been said about the abuse of our children. We also picked a few points that we have actually put down. Looking at a child from the time they are born, we realise that a child is not just born and let out of the mother’s womb to just live a life but a child needs to be taken care of. We realise that these days people go out of the country and when they are out there, they happen to give birth to children in foreign lands.

         When you give birth to a child in a foreign land, there are so many channels that we need to follow so that the child is given BCG at birth. After that, there are so many other injections that a child is supposed to be given but because a child has been born in a place where a parent cannot even look after them, we find that there are children who have been brought from outside the country into this country without other medicines that are supposed to protect them from child birth. That is another form of abuse that we are facing as a nation.

         Our children have gone and skipped other stages in their lives. I do not know if there is anything that could be done to parents who are out of the country who go out there to look for jobs to sustain themselves and the families. They get there and they give problems to themselves by giving birth to children whom they cannot even look after. These days children are taken to school at a very tender age but way back, we used to go to school when we were about six and half years, seven to eight years.

         Our parents went to school way above those ages but now our children are taken to school at a very tender age and that is another problem we are now facing. When the children are supposed to go to school at that tender age and they are being taken care of by the grandparents who are also in their late ages, they have a lot of things that they are doing themselves and there is an extra burden for them because of these grandchildren that do not have any parents near them. You realise that a child is supposed to go to school early in the morning. Times have changed. We used to start school at 8 o`clock but these days around 6.30 am, a child is supposed to be leaving home for school. Most of these children come from rural areas where schools are very far from their homes. On their way to school from home, children meet a lot of dangers and they fail to get people who protect them because they do not even have parents accompanying them.

Their grandparents are elderly parents and they cannot leave home and take a child as far as eight kilometres to and from school because they have other work to do at home. Again, we have seen women who go and get married to man who have lost their spouses and left little children behind that need to be look after. One is willing to go and get married there because they think they can be taken care of by that man. They want marriage but they do not want to look after children who would have been left by their deceased mothers with the father. Some even take the children from their own relatives who might have passed on and they say they will look after the children but all they want is to get provisions.

They make promises to look after the children when their parents have passed away saying that they are the rightful relative or parent to look after the children. They will say a child cannot be looked after by the father yet she knows that she cannot even look after herself. How can one possibly look after another person’s child whilst they are mean to themselves and their own children? What about another person’s child who is not even theirs? We should look at some of these things because we are parents. Charity begins at home. There are children out there who are being sodomised, violated and abused. They are also our children.

Lest we exercise lenience and parenthood instead of looking at another person right across the road whilst we cannot look after our own children and our own relatives’ children. Children go to school hungry with unwashed uniforms or the uniforms may be washed once a week, but someone would have promised to look after the children because one needs provisions, which is not fair. When they take these children, they promise to look after the child but they then become the abuser of that child because they go to school without eating and being dirty. There are a lot of things that can be said Mr. President Sir.

These days we are looking at children who are supposed to be vaccinated from different forms of illnesses. If a child was born in South Africa and the mother just gave birth to the child without proper documentation, they come here in Zimbabwe and do not know where to start from because there should be records of when the child last took vaccines from birth up to now. A lot can be said but there are a lot of things that we have to look at as parents and as legislators, lest we start ourselves and look after our children as a nation.

+HON. SEN. NYATHI: Thank you for this opportunity that you have given me to add my voice to this motion brought into this House by Hon. Senator Tsomondo, a motion on child abuse. I have realised that these children that we are talking about are children who would have been left by their parents whilst they are young. They are children whose parents would have divorced whilst they are young and they will be left to stay at home alone. The life they then start to live is a difficult one. As they stay alone, they face difficulties in even getting food. For a girl child, most probably at the age of 12, they will start engaging in sexual activities whilst they are young and for boys, most of them are engaged in child labour and they end up in drug abuse. Therefore, this motion is so touching and it requires us as legislators to unite and come up with a policy that will assist in ensuring that families protect these children, which is what used to happen in the past.

         Right now, people are fond of keeping their own children and ignore children from extended families. It is critical that Government looks into this issue because these children end up engaging in drinking beer and some of them after drinking beer engage in violent activities. It is my plea that Government looks into this issue to ensure that there are homes that are built for these children looking at their age groups so that they can be taken to these homes and be properly protected.

         Most of these children are no longer respectful but once we have such homes, they will be taken to school and get a future like others. I felt it was critical for me to support this motion because it touches our hearts. As legislators, we can figure out that somewhere within our neighbours, children are not protected but they are being abused. Some of them even fail to go to Grade 1 up until the Government pays BEAM for them. Even if BEAM pays for their fees, they do not get uniforms and they will be found going to school bare-footed. I felt it was important for me to support this motion submitted by Hon. Senator Tsomondo. Thank you.

         HON. SEN. CHAKABUDA: Thank you Mr. President for according me this opportunity to say a few words towards this motion. I would like to thank Hon. Senator Tsomondo for bringing this motion to this House. I would like to say our Constitution of Zimbabwe, which is the supreme law of the land, has various sections that seek to protect, preserve and promote the basic fundamental rights of children. Parliament has come up with various legislation that seeks to protect, preserve and promote the rights of children.

         However, despite all these efforts, the country continues to witness an increase in cases of child abuse, with some of the cases too harrowing to believe. It is unfortunate to note that most of these abuse crimes are perpetrated by those that are entrusted with the well-being and upkeep of the children. The perpetrators are usually the last line of defence for these children. After such abuses, the children are left confused, vulnerable and with a sense of extreme betrayal. This has a negative impact on the psychological health of the children. These children are rarely given the psychological support services that they require and they usually end up resorting to taking toxic substances like drugs and alcohol in an effort to ease the psychological pressure.

         Although the idea of a ministerial taskforce is commendable, it is my submission that we need more permanent and sustainable solutions. I hereby propose that the setting up of a ministerial taskforce be complemented by;

1. Strengthening support systems and mechanisms that enable early detection of abuse cases for swifter remedial action to be prescribed.
2. Intensify awareness programmes to capture both children and guardians.
3. Empower the relevant law enforcement agents so that they are properly equipped to deal with both the victim and the perpetrator should a case arise.
4. Ensure proper psycho-social support for victims and at times perpetrators as well.
5. The State must come up with welfare programmes that seek to assist in the upkeep of children up to at least five years of age because most of these cases are arising from economic hardship issues where the parents usually struggle to raise the children.

I thank you.

         HON. SEN. CHITSAMBA: I would like to thank Hon. Senator Tsomondo for bringing this motion in this House. Child abuse is a hidden epidemic. Child abuse is a pervasive and devasting issue that affects millions of children worldwide. It is a serious violation of children’s rights and can have long-lasting detrimental effects on their physical, emotional and psychological well-being. Child abuse can take various forms including physical, emotional, sexual and neglect.

         Physical abuse involves the intentional infliction of physical harm or injury on a child. Examples include:

• Beating, hitting or kicking
• Burning or scalding
• Shaking or throwing
• Physical restraint or confinement

Case example: A seven year-old boy hospitalised with severe bruises and fractures. Investigation reveals that his stepfather regularly beat him for minor infractions. Emotional abuse involves behaviour that damages a child’s self-esteem, emotional stability or psychological well-being. Examples include:

• Verbal insults or belittling
• Rejection or abandonment
• Emotional neglect or indifference
• Exposure to domestic violence

Case example: A 10-year-old girl is constantly criticised and humiliated by her mother, leading to low self-esteem and anxiety. Sexual abuse involves any form of sexual exploitation or molestation of a child. Examples include:

• Rape or sodomy
• Incest
• Sexual touching or fondling
• Exposure to pornography or prostitution

Case Example: A12 year old boy is sexually assaulted by his soccer coach who uses his position of authority to manipulate and exploit him.

Neglect involves the failure to provide basic needs such as food, shelter, clothing or medical care.  Examples include abandonment or desertion, malnutrition or starvation, lack of proper hygiene or sanitation and inadequate medical attention.  A case example is of a five year old girl who is left alone for extended periods without food or supervision, leading to malnutrition and developmental delays.

A child can have severe and lasting consequences including physical injuries and disabilities, emotional trauma or mental health issues, difficulty forming healthy relationships, increased risk of substance abuse or criminal behaviour.

To combat child abuse, it is essential to educate parents and caregivers about the healthy child-rearing practices, identifying and reporting suspicious behaviour, providing support services for victims and family, strengthening laws and policies protecting children's rights.

 

Child abuse is a hidden epidemic that demands attention and action. By recognising the signs and symptoms of abuse we can work to prevent this tragedy and ensure that all children grow up in safe nurturing environment.  Thank you, Mr. President for the time you gave me.

∞HON. SEN. FANUEL:  Thank you, Mr. President, for giving me the floor to contribute to this motion which was brought by Hon. Senator Tsomondo over the abuse of children.  Mr. President, it is a very painful issue and very difficult as parents adding to this motion in Parliament.  We are parents, all of us and it is very difficult for the children who are being abused.

If a woman is pregnant, she should go for check-ups at the hospital so that the child is safe before birth and after the child is born.  If a child is going to school parents should know how to take care of the children from school.  When a child falls pregnant, some might get illnesses like HIV and AIDS and if the child is born, he or she should be taken care of. 

The difficulties or challenges the child might face when the parent, for example, passes away are that they might be given different names like the child infected and if the child goes to school, some other children will say the child is infected with HIV and AIDS.   In such cases, Mr. President, social welfare should engage well with the teachers like the SDC committees.  They should take care of these children, pay fees for them and buy uniforms for them like what they did prior but I wonder what is happening nowadays.  Nowadays children are going to school without washing their uniforms.  The child should have proper sanitation and the child should not go to school hungry.

The President should engage with the schools so that they provide food to the schools.  Nowadays, we have neglected these children. Social welfare should be funded very well so that the children get sufficient food.  The children should be taken care of by social services and other organisations that look into the plight of children should also be engaged.  The children should attend church, but in some instances, you will find that the parent will not allow the child to go to church.  Parents will go to the bar and sometimes when the parent comes from the bar, you will find the children not eating because they have nothing to eat.

There are also issues like maintenance.  We should properly look at this, that children should be taken care of according to the Maintenance Act.  A parent is obliged to take care of his or her children up to the age of 18. The child should grow up with the specific needs that they should be given and they should be taken care of as well at school.

The day before yesterday when I was coming from Bulawayo, I saw a man who was about 61 years old and he was married to a young woman who was 21 years old.  When I witnessed this, I asked the man what he was going to do with this young woman when she grows up and that man said he wants her to assist him to take his pension, but when this man becomes old, she will run away from him and elope to other men, to truck drivers. Yes, Mr. President, we should look into this law.

Another issue is that children walk long distances to and from school.  The Ministry of Primary and Secondary Education stated that children should not walk distances of more than five kilometres to school.  Also, nowadays, we are seeing children being intoxicated and abusing drugs instead of going to school.  Hence, Mr. President, I urge that the Government reduce the distances children are walking to school.  Children are not being parented very well at home and now are giving birth at a young age.  For example, there is a 16 year old child who gave birth to a child as well. When she gave birth, she went to hide that child close to the police station. Fortunately, a passer-by heard that child crying and they assisted. The cause of this is due to poverty and starvation. It is very painful to witness such matters. Some will say whether I have abused my child or not, is that your child.  I want the law to take its course. I thank you Mr. President for giving me this opportunity.

HON. SEN. TSOMONDO: Thank you Mr. President. I move that the debate do now adjourn.

HON. SEN. MOHADI: I second.

Motion put and agreed to.

Debate to resume: Thursday, 14^th November, 2024.

MOTION

BUSINESS OF THE HOUSE

HON. SEN. ZVIDZAI: I move that Order of the Day, Number 3 be stood over until the rest of the Orders of the Day have been disposed of.

HON. SEN. MLOTSHWA: I second.

Motion put and agreed to.

MOTION

ENHANCEMENT OF URGENT REFORMS AIMED AT ENSURING EQUITABLE DISTRIBUTION OF RESOURCES

HON. SEN. MLOTSHWA: Thank you Mr. President, I rise to move the motion standing in my name that this House;

NOTING that Zimbabwe is endowed with mineral resources

with the potential to enhance our economic development;

OBSERVING that these resources benefit elite powerful cartels, leaving local communities in abject poverty and deprived of their essential rights;

CONCERNED that the marginalisation of women in the mining

sector impedes their participation and empowerment;

NOW, THEREFORE, resolves that the Ministry of Mines and Mining Development in collaboration with the Ministry of Women Affairs, Community, Small and Medium Enterprises:

1. a) Initiate and enhance urgent policy reforms aimed at ensuring the equitable distribution of resources while prioritising the involvement of women in the mining sector.
2. b) Expedite the amendment of the Mines and Minerals Act in order to enhance prior consultations among communities involved in the decision-making processes before any mining and prospecting licences are issued.
3. c) Support initiatives by women in mining to ensure that they have access to training, credit, and technology; and
4. d) Ensure that all mining operations adhere to sustainable mining practices.

HON. SEN. ZVIDZAI: I second.

HON. SEN. MLOTSHWA: Mr. President, I stand before you to address a matter of critical importance to the development of our great nation - a matter that speaks to our very core as a society. We gather here to discuss the multifaceted issues surrounding our mining sector, a sector that should serve as a beacon of hope for all Zimbabweans but has regrettably become a site of economic disparity and social injustice.

As we all know, Zimbabwe is blessed with a rich tapestry of mineral resources, from diamonds to gold, from platinum to coal. We have an abundance that could propel our economy to new heights. However, this wealth is currently shackled by the concentration of power and privilege in the hands of a few, powerful cartels that exploit our resources while leaving local communities in dire poverty. This cannot and this must not continue.

Today, I also draw your attention to the glaring gap in the participation of women in the mining sector.  Women make 10% of the 535 artisanal miners in Zimbabwe yet they make 52% of the population. Imagine the transformation we could witness if we empowered women to take on a greater role in this critical industry. Imagine the schools our children could attend, the businesses our families could build and the vibrant communities we could foster if we harnessed the full potential of our women.

Women are not just victims of economic marginalisation; they are key players in realising sustainable development. Studies show that when women have access to resources, training and technology, they invest the majority of their income back into their families and communities. This means better education for our children, improved healthcare and a brighter future for Zimbabwe as a whole.

Furthermore, the mining industry has unfortunately been associated with environmental degradation and violence. For some of us who come from mining areas, we see a lot of holes being dug and left which are an environmental risk, not only for our children but of our cattle because we are a cattle rearing region. However, we know that diverse perspectives can lead to more responsible and sustainable practices. Women bring a unique view point that can help mitigate the destructive impacts of mining, hence their inclusion is not just a matter of equity; it is a necessity for the health of our environment and the safety of our communities.

That is why through this motion, I call upon the Ministry of Mines and Mining Development, in collaboration with the Ministry of Women Affairs, Community, Small and Medium Enterprises, to take action to implement urgent policy reforms that ensure the equitable distribution of resources and prioritise women's involvement in the mining sector. We must expedite the amendment of the Mines and Minerals Act to require that prior consultations with local communities are a mandatory part of the licencing process.

Moreover, we must actively support initiatives that empower women in mining with access to training, credit and technology. Lastly, we must champion sustainable mining practices that protect our environment and positively impact our communities.

In closing, let us remember that the empowerment of women is not merely a women’s issue; it is an issue that affects all of us. A society that empowers its women is a society that thrives. I urge this esteemed House to support the motion before us today. Let us take these crucial steps towards a more equitable, sustainable and prosperous future for all Zimbabweans. I thank you.

HON. SEN. ZVIDZAI: Thank you so much Mr. President for this opportunity to contribute to this very important motion that has been brought to the House by the esteemed leader of the opposition on this side, Hon. Senator Mlotshwa.

Mr. President, as we all are aware, Zimbabwe is richly endowed with minerals. You would hear the toasting around of the number of minerals that are found in Zimbabwe - 63 they say probably more because some may not have been discovered by now. Zimbabwe is one of the most developing nations with its natural endowments on what God has given to the country.  Zimbabwe, in addition to sunshine, good agricultural land, two of the Seven Wonders of the World are in Zimbabwe, the Victoria Falls and the Great Zimbabwe.  These are unique things that Zimbabwe has got and if you look in your palm, you will see that for every single person here, there is a mark of Zimbabwe including whites. 

Zimbabwe is very strongly endowed with these minerals and right at the top are minerals.  Whether it was the accident of nature or the desire of the Lord, Zimbabwe is endowed with the Great Dyke all the way from Beitbridge, in the corner up to the Zambian Border.  In that dyke lie a lot of precious minerals like platinum, palladium, gold, nickel, copper, et cetera, you name it, we have got all these in the Great Dyke. 

Beyond that including germs, diamonds, you find these in Beitbridge, diamonds in Bikita and diamonds in Chiadzwa, it is diamonds all over the place; it just depends how deep it is. The energy minerals, Zimbabwe has got these in abundance and then on coal, we have coal in Chiredzi, Hwange and Gokwe.  I was looking at some statistics one day and I think the statistics published in 1992 was when Zimbabwe produced the highest tonnage of gold.  That was way back and it was 30 tonnes in that year only.

The statistics said at that rate, digging 30 tonnes of gold per year, Zimbabwe can run for 650 years digging 30 tonnes every year.  So, there is a huge resource base down there available for us and for development if well managed.  The other day Hon. Senator Mutsvangwa was talking about Manhize, somewhere in-between the Midlands and Mashonaland East as providing a potential to have the largest steel mills in the world.  That deposit buries in the belly of Manhize more than 30 billion tonnes of iron ore.  I think the second biggest iron ore deposit, second to Manhize has got about 12 or so billion tonnes.  So, we probably are faced with many things in this country. 

What is there to show for these resources? There is poverty all over the show and there is serious deprivation in this country in spite of these huge resources.  Our health institutions are killing beds, our schools’ infrastructure is not sufficient for our children.  Informal employment is very high in this country in spite of these God-given endowments. 

What is the problem Madam President? Zimbabwe at some stage aimed to have minerals contribute up to 12 billion to the national gross domestic product?  If you look at statistics, you will also see that the biggest problem that steals the resources from the people is what is called elicit financial flows. That is unlawful shipping of money from Zimbabwe across the borders.  If it is gold, I believe between 2009 and 2018, 11.2 billion worth of gold was lost to elicit financial flows. 

Madam President, these numbers, if not properly demonstrated, might look negligible.  Our budget in that period was about 3.5 billion and if you lose 11.5 billion dollars, that is equivalent to three years of National Budget.  In other words, if this money had not been lost, the totality of tax paying Zimbabweans could have got tax holidays for three years pasina tax, just using the 11.2 billion that has been lost to thieves, to porous borders and to cartels that Hon. Senator Mlotshwa referred to.  People that gather, burn the mid-night candle to do nothing but to just plan how to pilfer, steal, how to ship huge amounts of money out of the country.  Elicit financial flows are taking away money that should have been intended for supporting women who might want to do artisanal mining and some other people who could have benefited from this. 

I thought I would just focus on these elicit financial flows.  A company that mines platinum, together with platinum, there are other precious minerals including gold, palladium which are even more valuable than the platinum.  The mining industry without sufficient regulations, the people out there take advantage and just deliberately invoice for one or two products and leave the rest, that is shipping out money illegally.

Today, we talk very loudly about lithium but in the lithium, there is even more value.  Where I come from is one of the biggest lithium mines in the world, Bikita Minerals, together with lithium, you get a dozen other minerals. I think I would not want to accuse anybody but we need to look at the statistics of the minerals that we sell to see whether feldspar which comes together with lithium is being invoiced and recorded.  In fact, I had a case study visit to Bikita Minerals and I believe there is an important mineral that they are mining there which is called pollucite and they are doing it big time.  I wonder whether they are recording this as one of the products that they get from the lithium mining or do they have licences to exploit the pollucite. Pollucite is found in two places in the world, Bikita Minerals and some place in Canada, a very highly valuable mineral. These illicit financial flows Madam President, are the devils that sit hidden in the detail.

I wish to indeed thank Hon. Senator Mlotshwa for bringing forth this motion and demand that Government puts in systems that make sure that money is not lost, that transparency is improved so that we all know where our natural endowments are going. If they are going in the right place, we all celebrate, if not, then we all have to sit down and design methods of protecting these perishable resources. These minerals are not inexhaustible. One day we will have nothing in exchange for what we will have lost, in exchange for the values of our earth that is being opened up and not even sewn back by the greed people in the extractive industry.

Madam President, I thank you for this opportunity to add my voice to this important motion. Indeed, I wish to assure Hon. Senator Mlotshwa that we are with her in this because this is a very important motion which if followed through, can make a big difference in the quality of life for us all the citizens of this beautiful county. I thank you.

HON. SEN. PHULU:  Thank you Madam President, seconder of this motion…

THE ACTING PRESIDENT OF SENATE:  Order Hon. Senator Phulu! The motion has been seconded, now they are debating the motion. I do not know if you want to second again.

HON. SEN. PHULU:  Madam President, I did not stand to second it because I realise that Hon. Senator Zvidzai has already done so…

THE ACTING PRESIDENT OF SENATE:  Do you want to debate?

HON. SEN. PHULU:  I am debating. I was stopped in the middle of debating Madam President.

THE ACTING PRESIDENT OF SENATE:  Okay, you can debate.

HON. SEN. PHULU:  I said, I am the seconder of the motion as per the motion. I just wanted to apologise for not being in the House in order to second this important motion because I was in a meeting of the PLC that had been summoned urgently. Therefore, I was not able to make it. I think it is good manners that if I am late and have not been able to take up a duty that I am supposed to take up, I must preface with an apology. Madam President, I rise today to lend my voice and my unwavering support to the motion put forth by my esteemed colleague Hon. Senator Mlotshwa.

This point is not only significant. It is essential Madam President to a call to action that demands our immediate attention and commitment in terms of its importance. Today, we acknowledge a profound truth that women are the backbone of our communities. This is not a statement that we just repeat, echo or say. Certainly, if we go into each and every one of our communities that in our common experience we know, you will find homes, the majority of it that are looked after by women. Children are effectively sent to school by women. Indeed, they often do not have the option to escape oppressive situations and poverty or any localised calamities or disasters by going abroad to South Africa, by going to town, to the City in Harare or Bulawayo, of looking for opportunities in far away places. They have to remain and contend with the situation, with disasters and the calamities as they unfold in the local communities.

Certainly, we would like to underline that when we say they are the backbone of our communities, we indeed mean it. They are also the majority, therefore, when we point to the statistics that are mentioned in the motion that the extent of the economy in their hands is measly. It is very small. It certainly points to a looming disaster and unfairness that has been going on for many years Madam President.

They are nurturers, caregivers and the economic stalwarts of our households, yet despite this pivotal role in maintaining stability and health of our families and communities, they remain profoundly unrepresented in sectors that can uplift not just their own lives but the entire fabric of our society. When we uplift them, Madam President, we do not only uplift them as individuals but the entire complexion of the community would change if we investigate it as a matter of fact.

Women must not only participate in the economy, they must lead and shape it too. However, current statistics paint a grim picture. A meagre percentage of the economy is under their control. This is an iniquity which I submit Madam President. We cannot ignore. The situation is further compounded or exacerbated by systematic barriers. Women often find themselves trapped at home as I have mentioned before, waiting for their counterparts who have ventured out.

The unequal distribution of responsibilities leaves women sidelined in the quest for economic empowerment. Hence, this call for Government to take deliberate and aggressive measures to ensure that particularly in mining, there must be innovative programmes that allow women to access mining claims, to access mining knowledge, to access other capacities that are needed to successfully venture into mining. We know that there are some initiatives which are already underway but we call for mainstreaming approach that ensures that at every turn, women are given this advantage.

I would also like to point out that this kind of approach Madam President, would benefit our call that no one must be left behind but it will also benefit our thrust towards making devolution effective. If there are people who are always anchored locally, when we talk about devolution and say, power to the people, power to the grassroots, it therefore makes sense that any implementation of a devolution programme should concern itself with how much of what devolution offers in terms of resources, capacity and benefits. It should accommodate the women greatly because they are the majority on the ground. They have got larger interests and are the biggest stakeholders in terms of the impact of everything that happens in the country.

Therefore, this motion calls for the Government to reassess the position to make sure that every programme of Government is geared towards empowering women in this regard. We say so because we know that mines have not been in the hands of the majority for a long time. As we transition to ensuring that mines and minerals are in the hands of the majority, we must define that majority to include women as big stakeholders and ensure that any mechanisms that we put in place should benefit them. Let us not waste this precious moment Madam President, we stand at crossroads where we can choose to rewrite the narrative in the mining sector in Zimbabwe. 

We can work together to ensure that our mineral wealth serves our local communities starting with women who hold those local communities together.  Even those women who hold the little stake in the mining sector are confronted by a situation where it is a male dominated sector.  It is also a violent sector, a sector where there are many technicalities that disadvantage women.  We must find a way to go around those, to ensure that the environment is conducive to women operating in that sector.

Madam President, I would like again to congratulate the mover of this motion for moving such an important motion and call the whole House to actually seriously consider what this motion is saying and to seriously suggest solutions that can ensure that the import of this motion is carried into effect.

Madam President, I will not be able in this short period of time, to speak to each and every element of this motion but certainly, I have to speak about the issue of the environmental aspect that is also part of this motion.  I also submit that when cyanide is thrown into our dams, the environment is polluted.  Our cities are dug up, roads and rivers are eroded by mining activities.  Again, it is women who feel the direct impact of children falling into the pits.  It is the women who feel the direct impact of dying of cyanide poison. They feel the impact of taking children to hospitals because they have been poisoned. 

This is again an opportunity to highlight why women are the biggest stakeholders in this conversation.  Certainly, I support the call that the Hon. Minister of Mines and Minerals Development in collaboration with the Ministry of Gender, to initiate and enhance the urgent policy reforms called for in the motion, to amend the Mines and Minerals Act accordingly to ensure that the rights of the communities concerned are safeguarded and to support women in mining and establish training credit technology to empower them economically and socially in that mining sector. 

Also, to ensure that all mining operations are adhered to, to strengthen the environmental standards, to protect communities’ natural resources from pollution and degradation.  I call upon the whole House to debate this motion overwhelmingly.  I thank you Madam President. 

HON. SEN. MLOTSHWA: I move that the debate do now adjourn.

HON. SEN. MATIBIRI:  I second. 

Motion put and agreed to.

Debate to resume: Thursday, 14^th November, 2024.

MOTION

REPORT OF THE THEMATIC COMMITTEE ON HUMAN RIGHTS ON THE RIGHTS OF THE ELDERLY

         HON. SEN. MAVENYENGWA: I move the motion standing in my name that this House considers and adopts the Report of the Thematic Committee on Human Rights on the rights of the elderly in Zimbabwe.

         HON. SEN. C. NDLOVU: I second.
         HON. SEN. MAVENYENGWA:  Thank you Madam President.

1. Introduction

As the global population ages at an unprecedented rate, the question of how to protect and promote the rights of older persons has become increasingly urgent. With advancements in healthcare and improved living conditions, more individuals are living longer yet the complex needs of this demography often need to be addressed. The Thematic Committee on Human Rights resolved to conduct an enquiry into the rights of the elderly in Zimbabwe. This enquiry sought to examine policies affecting older persons, evaluating their effectiveness and identifying gaps that may leave this vulnerable group at risk. It aimed at providing a comprehensive overview of the rights and protections afforded to older persons, assessing whether existing measures align with international standards and best practices. 

2. Objectives of the Enquiry

The key objectives of the verification visits were:

• To assess the legal and policy frameworks that provide for the rights of elderly persons.
• To have an appreciation of social protection programmes earmarked for the elderly.
• To determine if the elderly persons are accessing essential social services including healthcare services.   
• To assess whether the rights of the elderly to dignity, care and adequate living conditions are being respected.
• To appreciate the challenges being faced by Old People’s Homes in providing adequate care for the elderly.

3. Methodology

The Committee used the following methods in conducting the enquiry;

1. Oral evidence meeting from the Ministry of Public Service, Labour and Social Welfare
2. Fact-finding visits to Old People’s Homes

4.0 Committee Findings

4.1 Legal framework on the Rights of the Elderly

         4.1.1 Older Persons Act

The legal framework governing the elderly in Zimbabwe is primarily anchored by the Older Persons Act of 2007. This Act was a significant milestone in legislating for the protection and welfare of elderly persons in the country.  The Older Persons Act [Chapter 17:11], provides for the definition of an older person as any citizen of Zimbabwe aged 65 years or above. It aims to promote the well-being of older persons and ensure their participation in community life. The Act also provides for the establishment of the Older Persons Board, which is responsible for advising the Government on issues affecting the elderly and ensuring the implementation of policies and programmes for their benefit. The Act also includes registration of older persons, social services and benefits and promotion of social inclusion. The effectiveness of the Older Persons Act in protecting the rights and welfare of older persons is limited by factors such as lack of resources, inadequate enforcement mechanisms and cultural attitudes towards aging. Additionally, the establishment of the board does not guarantee proper implementation and oversight of the Act in practice.

4.1.2 Constitutional Provisions

Sections 21 and 82 of the Constitution mandate the State to take reasonable measures to ensure the welfare and protection of elderly persons. This includes providing social protection and enabling their participation in community life.

4.2 Social Protection Measures for the Elderly

The State operates two main social protection measures, public assistance and the Pensions and Other Benefits Scheme. These measures are designed to provide financial support and healthcare services to the elderly although coverage and adequacy remain a challenge. The Ministry of Public Service, Labour and Social Welfare informed the Committee that it was providing support to vulnerable older persons through key programmes such as the Food Deficit Mitigation Strategy (FDMS), Monthly Maintenance Allowances, Older Persons, Health Assistance, Maintenance of the Elderly and Harmonised Social Cash Transfer.

4.2.1 Maintenance of the Elderly

The Ministry looks after older persons receiving care in different residential facilities. Individuals 65 years of age and above who reside in Old People's Homes that are registered qualify as beneficiaries. A one-time administrative grant of US$20 per person multiplied by the total number of individuals housed in that particular facility is given to these homes when one is admitted to the homes. In addition to the once-off administration grant, monthly per capita pegged at US$20 per person is also paid out to the elderly at the homes. The Ministry indicated that it has not been receiving Treasury support as payments were last made in August 2023.

4.2.2 Monthly Maintenance Allowances

This social safety net offers financial payments to individuals who are considered chronically poor or who are nearly permanently impoverished due to age, illness, disability or lack of family support. The Ministry pays out money to any person aged 65 and above who is registered and qualifies as a beneficiary. The monthly benefit to beneficiaries is USD20 converted to ZiG at the prevailing bank rate. Funding for this programme was regarded as erratic as payments were last made in February 2023.

4.2.3 Harmonised Social Cash Transfer (HSCT)

Under the HSCT Programme, ultra-poor households with older persons receive cash entitlements to increase consumption, lessen poverty, empower vulnerable households, assist recipients in avoiding dangerous coping mechanisms and promote access to essential services. An average of USD20 payable at an equivalent of the local currency into Netone lines is paid to these households. The Ministry submitted that these pay-outs were last received during the COVID-19 pandemic.

4.2.5 Health Assistance

The aged 65 and above receive free treatment from Government hospitals, mission and local authority clinics and hospitals. The Ministry emphasized that if services required by older persons at the stated hospitals and clinics are not available, when funds are permitting, it facilitates payments to private healthcare service providers to enable older persons to receive the required treatment.

4.3 The State of Old People’s Homes

4.3.1 Ekuphumuleni Geriatric Nursing Home

Ekuphumuleni Geriatric Nursing Home has a capacity of 62 patients but 45 patients were admitted at the home at the time of the visit. The institution is a Private Volunteer Organisation and it is mostly run by donor funding. The Geriatric Nursing Home gets support from both the Ministry of Health and Child Care and the Ministry of Public Service, Labour, and Social Welfare. The Committee observed that facilities at the home were generally well-maintained with clean living spaces and a functional kitchen. There is a clinic at the facility that runs throughout the year but there is no dispensary and they rely on donations for medicines from well-wishers. The nurses at the home are employed under the Ministry of Health and Child Care and are supported by volunteers, a doctor, a physiotherapist and an occupational therapist. The home runs a nutrition garden and a chicken project as part of its food sources. There were adequate recreational activities at the home. The Committee noted that the home had diaper and linen saver challenges as they were using cut pieces of blankets as diapers and linen savers. The home complained of electricity challenges as besides the load shedding schedules, they sometimes do not have the funds to purchase electricity. It had no heavy-duty laundry machines, thus they were resorting to handwashing which is not ideal for such a set-up. There was also a need for wheelchairs and commodores to assist in the day-to-day running at the home. The home administration also complained about the late disbursement of the per capita grant to the institution. They commented that their last payment was in December 2023.

4.3.2 Mucheke Old People’s Home

Mucheke Old People’s Home is a Private Volunteer Organisation. The home has a capacity of 50 patients. There were 21 inmates at the time of the visit. Some of the houses at the home are used as staff accommodation. The environment was friendly and supportive but proper and comfortable beds was a significant issue. There was a need for diabetes testing machines as they have residents with such chronic illness. The Staff at the Home had no night shifts, thus the last meal at the home was served at 1600hrs. The home administration submitted that they often receive donations from ZIMRA as part of its corporate social responsibility. They complained that they last received grants from the Ministry of Public Service, Labour and Social Welfare in December, 2023. The main challenges at the home was that there was no back-up power, no funeral cover for the elderly in case of death, electrical bills (they have a commercial meter), diaper challenges and medication challenges.

4.3.3 Gwanda Old People’s Home

Gwanda Old People’s Home is one of the two Old People’s Homes in Matebeleland South with a capacity of 15 patients. It is also a Private Volunteer Organisation. The Committee found out that the home was deteriorating, with broken doors and inadequate bedding. Residents complained about the lack of adequate linen for warmth, especially during the cold season and insufficient medical care as they rely only on AMTO. The Committee also observed that there was raw sewer flowing from the septic tank which had not been emptied for a long time. There were water challenges at the home as the borehole had no water. The garden was also dry due to the water challenges. There was also no ambulance to use at the home.

4.3.4 Zororai Old People’s Home

Zororai Old People’s Home is a private voluntary organisation located in Mutare. The home provides care and support to destitute elderly people, often receiving them through the Department of Social Welfare. The home has a capacity of 28 residents but at the time of the visit, there were 10. The home relies on donor funding. All the staff at the home were volunteers. They often receive assistance from ZIMRA. They have a well-wisher who buys medicines for the residents. Although they do not have a funeral cover, they receive assistance from Heritage Funeral Cover which charges them $150 and they receive a free grave from their local authority.

4.3.5 Melfort Old People’s Home

Melfort Old People’s Home is run by the Roman Catholic Church. The institution has a capacity of 40 but at the time of visit, there were 17 residents, 15 men and two women. The Committee noted that the facility was well-organised, with a strong focus on community integration. The institution had a fish project, goat project and rabbit project on site. These projects provide food for the residents. There is an ambulance on site and there is a doctor who visits the residents weekly. The institution complained of late disbursements of the $20 grants from the Ministry of Public Service, Labour and Social Welfare. Their other challenge was water as its borehole had broken down. This has affected some of their projects like fish farming.

5.0 Committee Observations 

5.1 Legal Framework

While Zimbabwe has a robust legal framework in place for the protection of the elderly, effective implementation and expanded coverage of social protection measures are crucial to ensuring the well-being of older persons in the country.

5.2 Nutrition

Across all five homes, it was evident that while the basic nutritional needs were being met, there were variations in the quality of the meals provided. Special dietary needs for individuals with chronic illnesses were not always adequately catered to.

5.3 Healthcare

Access to healthcare was inconsistent, with homes in Gwanda and Mucheke struggling with infrequent visits from doctors and nurses just surviving on voluntary nurse aids. Chronic medical conditions such as hypertension and diabetes were prevalent among residents but facilities often lacked the resources to ensure regular check-ups. There was a general plight of unavailability of an ambulance for medical emergencies. 

5.4 Human Resources

The shortage of skilled caregivers was a recurring issue in all homes visited, exacerbated by low pay and difficult working conditions. The residents in Mutare and Bulawayo homes mentioned that there were often not enough staff members to assist with basic activities like bathing and mobility support. The Masvingo and Bulawayo homes had more stable staffing levels, though staff morale was reportedly low due to low wages and demanding working conditions. Most of the workers in homes visited were volunteers.

5.5 Rights and Dignity of the Elderly

The Committee found that in general, the rights of the elderly were being respected. However, lack of proper medication, nutrition and the deteriorating conditions in buildings and furniture posed concerns about the violation of the right to dignity. Psychological care and recreational activities were insufficient in all five homes, raising concerns about mental health care for the elderly. The lack of regular psycho-social support was particularly alarming in homes where residents had no family contact.

5.6 Underfunding: 

The Committee observed that all Old People’s Homes visited were registered under Private Volunteer Organisations (PVOs). Most homes face financial challenges that impact their ability to provide quality care, repair infrastructure and ensure adequate nutrition and healthcare services.

5.7 Aging Infrastructure: 

Several homes, particularly in Mutare, Gwanda and Masvingo, require urgent renovations to ensure safety and comfort for the elderly.

6.0 Recommendations

Madam President, cognisant of the above observations, the Committee recommends as follows;

6.1 The Ministry of Public Service, Labour and Social Welfare should come up with a standard model of Old People’s Homes by 31 December 2024 to ensure standardisation.

6.2 The Ministry of Public Service, Labour and Social Welfare should close Gwanda Old People’s home by 30 June 2025 if it has not improved its standards.

6.3 The Ministry of Public Service, Labour and Social Welfare should construct their own old people’s homes by 31 December 2026.

6.4 The Ministry of Finance, Economic Development and Investment Promotion should disburse per capita grants to the Department of Social Welfare on a monthly basis to ensure proper care for the elderly in institutions.

6.5 That the Ministry of Lands, Agriculture, Water, Fisheries and Rural Resettlement should provide agricultural inputs for homes who have the capacity to engage in agricultural projects before the 2025 farming season.

6.6 That the Ministry of Public Service, Labour and Social Welfare should expedite the formulation of the Older Persons Policy and ensure it is in place by end of 2025.

7.0 Conclusion

The Thematic Committee on Human Rights recognises the efforts being made to uphold the rights of the elderly despite the numerous challenges being faced. However, there is an urgent need for intervention in areas such as funding, healthcare and infrastructure to improve the overall well-being of the elderly residents. The recommendations provided aim to guide future action to ensure that the rights and dignity of Zimbabwe’s elderly population are fully upheld. I thank you Madam President.

+HON. SEN. C. NDHLOVU: Thank you Madam President for affording me this opportunity and I would also like to thank Hon. Senator Mavenyengwa for bringing this motion. I think it is important that as the Senate, we look at the welfare of the elderly and that the Government should step in and assist in the homes.  When we visited some of the homes in Gwanda, we found that there were no toilets and we wondered how those people were relieving themselves. We found that the food that they were eating is not nutritious. When we went around the whole of Zimbabwe visiting these old people’s homes, which is where we are all headed to because from here, we are all going to those homes. So, it is important for the Government to step in and assist because some of the homes do not even have beds for people to sleep on.

At some places, we discovered that people are given dinner at 4pm in the evening and they get their next meal the following day around 10 a.m. These are people who suffer from different ailments, especially considering that they spend hours without eating. I think it is important that Government should assist and take over such places because these are places that look after the elderly. Most of the workers are volunteers. They do not get paid and in most of these places, they just go and assist. These volunteers do not stay at these homes, they just bath and feed them then go to their homes.

That is why they prefer feeding them at 4pm in the evening so that they can go back to their homes. If an elderly person dies, there are no proper funeral arrangements to bury them. Some go and ask for assistance from neighbouring homes to bury the deceased. This is very painful especially when there is only one person doing everything like bathing them, feeding them or lifting them. We noticed that there are no wheelchairs at these old people’s homes. As the Senate, we should encourage the Government to assist these old people’s homes. I thank you.     

HON. SEN. ZHOU: Thank you Madam President for the opportunity and I also want to thank Hon. Senator Mavenyengwa and the Human Rights Committee for the work that they did around the centres that they visited for the elderly.  It is a touching story and it is difficult to find words as to where to really start. I want to say that as a native and as an African, I find this model of keeping our elderly in institutions to be a taboo. – [HON. MEMBERS: Hear, hear]- This is because we come from families and at the centre of an African person, there must be the family and where is the family when we now build these institutions and so on?

I think that we already have them but it is difficult for me to be agreeable to such a situation when I am 80 years or 90 years and for my children and grandchildren to visit me at an Old People’s Home. I used to visit the Coronation Cottages in Bulawayo, which is largely of white descendants. They were well catered for and for us, it was very expensive. Each time I went there, there was a lady that was assisting us to do some rehabilitation.

I was given some two hours of therapy every week and so on but each time I went there, I would stay for four to five hours because the lady was slow and traumatised. Each time I wanted to say no, I would go when it is time for me to go, she would start talking about other things. Every week that I went there, I would not sleep well at home because I would still be thinking of that experience of that lady that was assisting us. I thank God that she ended up being transferred to another home in Marondera and I stopped going to that home.

Coming to the report, I understand there is this Act, the Elderly Persons Act of 2007 and there used to be a board, the Elderly Persons Board that used to operationalise by way of formulation of policies and procedures at the Department of Social Welfare.  I do not know if this board is still in place.  That is a question that I am posing to the Committee.

Secondly, I also wanted to say that the board members were appointed by the Minister.  They are all volunteers and they are given some board allowances but these allowances for board members are different depending on the board and also the Ministry or Government department. As far as I know, this money for the Elderly Persons Board was very nominal.  It was not much that was given to the board members which is maybe just like councillors.  At that time, I think it was about ZWL100 when they sit.  Maybe every month they would receive about ZWL80 dollars in their accounts, each board member and the chairperson getting about ZWL120.  If you look at that money, it is just a small amount of money.

I also want to find out if there are still some social workers at these places because there is need to have maybe a social worker, some occupational therapist or a rehabilitation specialist to then attend to certain things that they may require from time to time. 

I also want to talk about per capita grants.  Twenty dollars is the equivalent of 1ZiG.  How much is that at interbank?  Maybe it is 28 ZiG times 20, which is 560 ZiG per month per person.  I find that to be peanuts or nothing.  That is also something that we should try to improve.

The other thing I also wanted to say is, in the report, the Chairperson did not use the proper language of calling the people that they found in these homes.  If you check, at times he was saying inmates and at times he was saying patients.  Inmates for me is fine but not patients.  They were not all ill at the time of visiting.  So, I think the report must use proper language that is friendly and not derogatory because if you call somebody a patient because he is elderly, I find that to be improper. 

The last thing that I want to say is, let us avoid putting our senior citizens in private hands.  If it is necessary, as a last resort, maybe the recommendation of the Government is okay, not to put them in private hands.  I think that is not ideal because these are people who are establishing these organisations to look for monies.  Private voluntary organisation is a business.  I am a director of a private voluntary organisation.  It is a business.  So, thank you very much, Madam President.

HON. SEN. CHIEF NGUNGUMBANE:  Thank you Madam President for the opportunity to make a few contributions about this important motion.  I want to thank the Chair of the Human Rights Committee and the seconder Hon. Senator Ndlovu.  

Madam President, we are all aging.  The moment we walked in and by the time we walk out, we will be older.  The clock is ticking towards reaching that age of being the elderly.  So I implore this House, Government, agencies and institutions, to take this debate very seriously.

Madam President, there is nothing as painful as having worked and invested money and energy and at the end of the day you find yourself too weak to be taken care of, too weak to be loved and too weak to be listened to.  I think it is a very emotional issue Madam President, that we must apply our minds to because if we do not, the very same people, some of us could meet and be inmates, like Sen. Zhou is saying in those old people's homes and remember that once upon a time, we had an opportunity to correct the societal ills and failed.  So Madam President, I feel the onus is on us.

Madam President, I would like to take somehow a different view to the report, not that I am disputing, I am a member of this Committee but as a traditional leader, I am inclined to look at the cultural aspect of the elderly people.  Sections 21 and 82 provide for the rights of the elderly and I feel when these people are born, these rights are already there.  These are rights that you do not acquire as you grow old.  Think of the right to liberty, life, healthcare, education and shelter.  It is not something that you get because you are elderly.  These are the rights that progressively these people have lived with from birth up to the time they die.

Madam President, allow me with your indulgence, to make reference to Section 82 of the Constitution.  It says people over the age of 70 year -.  I find that very queer.  We do not become elderly because we are 70.  You know our life expectancy is going down and I do not know whether progressively it is somewhere at 30, 45 years but at some stage we would need, as Parliament, to revisit the age of 70 years because we might never reach that age.  Some of us will die being adults but without being the elderly.  So I think it is something that we have to look at progressively.

Allow me to go back to the section.  It says ‘people over the age of 70 years have the right to receive reasonable…’ Madam President, the word ‘reasonable’ refers to basic care.  It could be finances, something that one could say at Dube's place, at Shoko's place, when we talk of care, it is something that is reasonably acceptable by the society at large.  To receive reasonable care and assistance from number one, their families and the State but when we talk of the elderly Madam President, the emphasis has been on the State to provide.

Yes, we know the State has an obligation to provide for first, second generation rights, because it is the role of the State but what are families doing to protect and provide for those rights?  Talk has been to say the State has failed, the State is neglecting but what about our own families?  Why are the elderly people not taking their children to task or to court for failing to provide a reasonable care to their parents. This is what the Constitution is saying. Perhaps we have been too ignorant, we have been lenient if we are aware to say the family – the Constitution does not say the State as a family. It is the family and when I talk of a family I am not talking of my parents. The family consist of our immediate families plus the extended families. This dovetail into our cultural norms and values that a person is looked after by the community first and the society. I believe the society also qualifies in our cultural aspect to be part and parcel of the family – what has gone wrong with our families to an extent that we are failing to take care of our parents. We are neglecting our parents. You will hear stories to say – it is now fashionable to take parents or the elderly to old people’s homes and you will hear funny stories to say – umamazala ngeke ahlale lomalukazana – to me its weird because we should protect the extended family and as such I implore these elderly to take steps in ensuring that their rights are protected first by the families and secondly by the State. It will not be surprising because it is the Constitutional Court that provides for the rights of everybody. So perhaps, there is need to think along those lines and to explore those avenues. 

Secondly, Madam President like what Hon. Senator Zhou has said, old people’ homes, you know I am trying to think of a vernacular word that we could substitute and say old people’s home. I do not know Madam President if my fellow colleagues could assist me, perhaps there could be one.

HON. SEN. GOTORA: There is none.

HON. SEN. CHIEF NGUNGUMBANE: I can hear Hon. Senator Gotora noting in disapproval. This shows that we are importing cultures that are alien to us. We make it so fashionable. We identify people’s homes. We aggregate our responsibility as parents, as relatives to other people like what Hon. Senator Zhou had said – we are there to make money. Old people’s home is a symptom of a dying cultural fabric in the country. If you just drive around and see them, you then realise that our culture is dying. Those are prisons worse off than our prisons that we have because if you go to prison you stay for a period and come out. If you are in prison, the State will provide you with food, uniforms, skills, some go to school but think of the old people’s home progressively comparing with the inmates in prison. Prison mates enjoy better rights than our parents that we have put in those dungeons.

So, Madam President we are the ones that passed this Constitution but to me it is an indictment that we passed this Constitution without even understanding it – what are the implications, what does it mean? We visited the homes that the Chairperson has described. One thing I observed, although in terms of psychological psychiatric measurement, you could not measure the level of depression but the depression was too evident to be seen by naked eye. Those people are lonely. They have a story to tell, they are living a life of regret- why have my children abandoned me and dumped me here whilst at the same time the children are enjoying a better life? It is not that those that we found in old people’s homes are parents or elderly coming from the poor people – no. If we had a database to say who are the children of these people, you will be shocked that some of them are people that are doing well.

In the advent of mental health in our country as a result of drug substance abuse, I feel Government has to look into the issues of mental health in our old people’s homes. There is lack of qualified personnel. I think if I am not mistaken, in Mutare we had a volunteer doctor. These elderly people have the right to reasonable health care and as a State we have failed. I feel it is an indictment that we should correct the level of neglect that is in the old people’s homes. It is not only the old people’s homes, it is unfortunate that we did not go into these homes but we know of homes where the elderly are neglected in their own homes or in the custody of their children. They are given one meal per day. They are not supported and we really wonder as Africans where have we thrown our values of Ubuntu – why are we allowing ourselves to be consumed by foreign cultures?

Madam President, people are moving in numbers to the UK and abroad to do care work. There is work in old people’s homes or nursery homes in the diaspora. It is because it is their culture. It is how they do things but foolishly as Africans and as Zimbabweans, we have taken that culture and made it our own. That is an indictment. Once upon a time, these people were strong and worked like some of us. Some of them contributed to their pensions and pension fund. I ask myself are pension funds doing enough to support these elderly persons? The millions or the investments that they have put in – are the shareholders receiving proper or enough dividend or it is to say $30?  I was sharing with my aunt yesterday, she was celebrating that one of the pension funds was saying they were going to pay them a sum of USD50 and she was celebrating. Celebrating USD50 when you have worked a lifetime. We have heard stories of abuse in these pension funds and it is one of those issues. I read an article where elderly people live regretting the decisions they took to invest in pension funds. There are other schemes that the elderly invested their money that collapsed for various reasons.

I want to thank the foot soldiers, the volunteers that we found on site and many other homes that we did not visit where other homes are located. These people are doing voluntary work. Some are not even paid a salary but they live…

         THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. A. DUBE): Hon. Chief Senator, you are left with five minutes.

         HON. SEN. CHIEF NGUNGUMBANE: Noted Hon. President of Senate.  They do enormous work to keep these people afloat and alive.  I implore Madam President of Senate that Government, through the Ministry of Public Service, must as a matter of urgency, remunerate these people effectively because if they do not, I am telling you there is disaster in these old people’s homes. 

         In conclusion Madam President, as alluded to by the Chairman, this country has a plethora of laws, plenty plus and if laws on their own were to be followed, then we would not be having any problems in this country.  The visit to old people’s homes is an indicator that laws on their own are not enough to support the elderly. 

         I went through the Older People’s Act and it provides for punitive punishment that the State can take on institutions and agencies that fail, including the family but to the best of my knowledge, I have not come across where people have been sentenced or taken to court as a result of neglect.  So, I feel in this aspect, we can do better. 

         I think there is also a very important aspect that we should do as society.  We need to conscientise and educate the citizens about the rights of the elderly.  All of us, those still in our mothers’ wombs, newly born, those in schools, those in college, are candidates of the elderly.  With those remarks Madam President of Senate, I rise to support the report that has been tabled by Hon. Sen Mavenyengwa and it is our belief and prayer that before this motion is wound up, the relevant ministry will come and respond to this motion.  I thank you.

         HON. SEN. MAVENYENGWA: Madam President of Senate, I move that the debate do now adjourn.

         HON. SEN. C. NDLOVU: I second.

Motion put and agreed to.

Debate to resume: Thursday, 14^th November, 2024.

On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. GOTORA, the Senate adjourned at Six Minutes to Five o’clock p.m.