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SENATE HANSARD 27 MARCH 2025 Vol. 34 No. 38

PARLIAMENT OF ZIMBABWE

Thursday, 27th March, 2025

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

APOLOGIES RECEIVED FROM MINISTERS

         THE ACTING PRESIDENT OF SENATE (HON. SEN. KAMBIZI): Today being Thursday, it is time for Questions Without Notice and with me here, I have a list of apologies: Hon. Gen. Rtd. Dr. C.D.G.N. Chiwenga, Vice President; Hon. Col. Rtd. K. C. D. Mohadi, Vice President; Hon. T. Machakaire, Minister of Youth Empowerment, Development and Vocational Training; Hon. O. C. Z Muchinguri-Kashiri, Minister of Defence; Hon. B. Rwodzi, Minister of Tourism and Hospitality Industry; Hon. A. Murwira, Minister of Foreign Affairs and International Trade; Hon. Z. Soda, Minister of National Housing and Social Amenities; Hon. Dr. D. Mombeshora, Minister of Health and Child Care; Hon. P. Kambamura, Deputy Minister of Mines and Mining Development; Hon. A. Gata, Deputy Minister of Primary and Secondary Education; Hon. R. Modi, Deputy Minister of Industry and Commerce; Hon. V. Haritatos, Deputy Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement; Hon. D. Marapira, Deputy Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement.

         In the House, as usual, I have Hon. F. Mhona, Minister of Transport and Infrastructural Development; Hon. Dr. T. Mavetera, Minister of Information Communication Technology, Postal and Courier Services; Hon. O. Marupi, Deputy Minister of Information, Publicity and Broadcasting Services and Hon. K. D. Mnangagwa, Deputy Minister of Finance, Economic Development and Investment Promotion.

         ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE

*HON. SEN. TONGOGARA:  My question is directed to the Minister of Transport. Firstly, I would like to thank the Minister for a job well done when it comes to the refurbishment of our roads. However, he has not completed the work because he said that due to the rains, we cannot continue working on the roads.  Now, that it is no longer raining and the rainy season is about to end, what are his plans to start working on the roads so that people travel well?

*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA):  Thank you Hon. Senator Tongogara. She has raised a very pertinent question, which will make us enlighten the people of Zimbabwe on the way forward concerning the end of the rainy season because it damages our roads.  Now, we have started because we know that there are a number of roads that have been around on social media but I am very happy because we have our main road, like the one that comes from Beitbridge which we will complete this year. We are only left with 80km to finish.

As I am speaking right now, people who were assigned other duties are now back on the roads. You have seen that this week we have a number of people going back to their workstations. It is very true and I also want the people of Zimbabwe to understand that we cannot construct our roads in one day.  As we talk right now, the work has started. You can see that even the road which leads to Mazowe, you can see that the contractor is there and they are busy.

If you want to see the progress, you can go and see because the road is close to us. As Senators, if there are any specific places that you want us to look at, you can approach us or the provincial engineers in your areas.  They will tell you when and how the work is going to start in your local area. Thank you.

         HON. SEN. CHIEF CHARUMBIRA:  I would like to congratulate the Minister of Transport; congratulations for being identified as the best performing Ministry together with your Permanent Secretary. The Minister knows, before I raise the question, he knows that I have praised him since he was an MP.    I told this man that he performs well. I know I am raising a question with a very competent Minister. Minister, you are doing a good job.

Yes, roads and as you say you cannot perform miracles. There is no way you can fund all those roads in one year or even two or three years but having a proper plan of development and rehabilitation. What I want to encourage you to do, we are looking at all roads to be done. It is necessary that you give indications on major roads where you complete the rehabilitation. For now, we are concentrating on this one so that we are all not like expecting you to perform everything in one year.   I will not sit down before I mention Victoria Falls Road, Bulawayo-Beitbridge Road too - that one I know we are always asking for results.  We want to see performance on that road among other roads. Give us timeframes on major roads, as to when you are likely to start and finish so that we will not think that you are not attending to roads when in actual fact you are doing very well. Thank you and once more, congratulations.

HON. MHONA: Thank you Mr. President and let me also thank Hon. Senator Chief Charumbira for the congratulatory message which I am humbled with and I want to actually concur to say yes, he has been mentoring me through and through, Mr. President Sir, I am grateful.

I want to respond to the question that he has posed in terms of major roads and we are talking of our trunk roads.  One of this topical one which was in the social media is the Victoria Falls Road and this road historically, was constructed in 1941.  You can imagine that failure to continuously monitor it and maintain, it becomes tired in terms of its stature, so you cannot patch it.  The moment you patch it on one place, another mushrooming pothole emerges. So, we have a plan now in place and I am happy that the contractor who has been working on that under the Emergency Road Rehabilitation Programme too is on site attending some of the damaged sections and you see that we are coming up with a robust process in terms of rehabilitating the entire Bulawayo-Victoria Falls Road, which is 440 kilometres.

So beginning of April, you will see contractors also moving on sites enmass so as to attack the entire road and this is what we are working closely with Ministry of Finance so that we attend to that section with speed, taking cognisance of the very important major events that we are having as a country.

So, I want to assure you Hon. Senator Chief that we are attending to one of these major trunk roads.  In terms of another major trunk road which is the north-south corridor, the big bridge to Chirundu, we are back and our completion date for the road and all bridges is 31 December. We are talking of river bridges, Mucheke, for those who come from Masvingo. We are talking of Bubi area with a bridge over rail.

We are talking of Fairfields, those who are wondering why, we left one kilometre around Fairfields before Masvingo. We are also going to be having a road over rail and as you move towards the Rothmans and ZBC Mbare, we are having mini interchanges and today this morning, we started working from Houghton Park. You can actually see we have been reclaiming the roads coming straight to our main post office so as to complete that section, then we start looking north to work on the Chirundu Road. I thought maybe it is very important but we are amenable anytime Hon. Senators - you can check with our office so that we give real timelines. Thank you Mr. President Sir.

+HON. RITTA NDLOVU: My supplementary question goes to the Minister of Transport. The Minister is talking of roads that are mainly from that side of the country yet we have Nkayi-Bulawayo Road. We have Kwekwe-Silobela-Lupane Road. We have not heard how far he is moving with progress regarding these roads.

HON. MHONA:  I once said in this august House that I have Kalanga blood so there is no way I will leave the areas that she has mentioned.  So, in terms of not leaving anyone behind, it is what precisely His Excellency, Comrade Dr. Emmerson Dambudzo Mnangagwa is doing and as I actually indicated earlier on, there are a number of roads and one such emotional road is the Nkayi-Bulawayo Road. The contractor is on site. I do not know whether she has used that road. The contractor is on site working on the 20 kilometres.

Those who are from that area can testify the work on the Nkayi-Bulawayo Road However, we have got the shortest route for those who want to go to Victoria Falls. You actually go through Kwekwe, Silobela, Nkayi and Lupane and we are having an arrangement with a private partner so that we work on that particular entire stretch.  We are finalising on the funding modalities where that road is going to be attended to and the contractor has said in 18 to 24 months, he would have covered that entire section which is around 241 kilometres. So, there is no way we are going to be leaving any place and like what I indicated, it is not about a province but we look at those emotional projects that we have in a province.  At the same time, there is no way you can just descend on those roads bearing in mind that we have got one pot which is the fiscus.  At times we have to think outside the box as a Ministry and also try to raise funding outside the fiscus and this is what we are doing, inviting private players so that they participate in the rehabilitation of our infrastructure which resonates very well with the mantra of his Excellency,‘nyika inovakwa nevene vayo.’

*HON. SEN. KADUNGURE: Thank you Mr. President for according me this opportunity to ask a question. My question is directed to the Minister of Transport. Firstly, I would want to thank you. I come from Mashonaland Central and I have seen the contractor on the road. I want to thank him for what he is doing. My question is, what plans you have on the Bulawayo Road at the intersection of Bulawayo and Kuwadzana 4 Road. There are a lot of accidents that are happening in that area. What is your plan on that road because it is now a black spot?

*THE ACTING PRESIDENT OF SENATE: Thank you, your question is specific but let me leave it to the Minister. Probably he wants to clarify something. Since it is specific, you are supposed to write it down.

*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPEMENT (HON. MHONA): Thank you Mr. President of the Senate, and I want to thank Hon. Senator Kadungure. It is our custom that if elders ask a question, if you allow us, we can answer.  Yes, the area is now a blind spot. We have about two occasions where people died on that same area but the sad thing is that the drivers are not following the road rules. What really saddens is that those who are driving are not allowed to drive. Together with the Ministry of Home Affairs, we are making sure that the laws are followed but all the same, our engineers are going to the place and investigating on how we can work on that road. Some are saying that we should put a roundabout but you see, that it is close to another roundabout at Kuwadzana. So we are doing a study on what we can do because it is a place where many accidents are happening. We will come back to this House and you will see what we will be doing.

Yes, at times the robots and the traffic lights there do not work. We want to increase measures that will make people not lose their lives but we also implore  the drivers to be careful and know that when they are driving, they are carrying people. It is very sad Mr. President of the Senate. We lost a couple those days on their way to work, to work for their families. It is very saddening and it is a sad situation because a lot of people lose their lives when accidents happen.

*HON. SEN. NGWENA: Thank you Mr. President. My question is directed to the Minister of Transport and Infrastructural Development. What are Government policies when it comes to cutting grass along highways? I think it is also worsening when it comes to accidents. Long back ,we used to see tractors from the Ministry cutting grass. Now even on curves, you cannot see what is ahead. I want to know your plans.

*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPEMNT (HON. MHONA): Thank you Mr. President and thank you Hon. Senator Ngwena. He raised a question which will make us be able to clarify to the people of Zimbabwe. Yes, long back we used to have people cutting grass and collecting garbage. The way she sees it is the way that we are seeing it. We now have maintenance units. You see that on our major roads, we had people from the Ministry and we have revamped that process. We started at the international airport. There is a maintenance unit there. In every province, we are trying to come up with those maintenance units.

We move on to districts but we also launched that programme with  about 20 tractors. So, you find that from now on, since we are getting out of the rainy season, you are going to see our tractors cutting grass along the highways. This is an opportunity for farmers along the highway to partner with the Ministry so that they cut our grass as well. When you see us coming, approaching you, I think as citizens of Zimbabwe, we should work together. We will also work with Environmental Management Agency so that they will put bins at lay-byes. The maintenance unit used to help; even if we have a portal, they will alert us as the Ministry of Transport before it becomes a danger to the people.

*HON. SEN. TONGOGARA: Thank you Mr. President. I want to thank you for retaining the maintenance units. Is there a plan in your Ministry or are there any supervisors who are supervising those people who are given this job or work to cut the grass because people are given a job but there is no one who supervises them; they will be there but nothing will be happening. Thank you Mr. President.

* HON. MHONA: Thank you Mr. President of the Senate and thank you Hon. Senator Tongogara. It is very true. These maintenance units have four men who will be supervising them. They are called the superintendents, checking on how the work is being done and on top of them, there will be a resident engineer, the local engineer and on top of that, there will be a provincial engineer.  So all these are supposed to supervise the quality of the work. However, I think we should all become eye-witnesses so that if we see things not moving properly, you alert us. Thank you.

*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President. When it comes to grass on the roadsides, as we were driving one of these days, he said that it is likely that you can just find an obstacle on your way, like an animal. You talked about maintenance units, I think we should work together as people, as other people live close to the road where there is long grass and you find that people in those areas have tractors. So I think you can work with those people. They can help because for us to wait for the grass to dry, it will be destroyed by the fire. There are also potholes on the roads and they can be there for a while I think you should come up with toll-free lines so that when people come across potholes or tall grass, they can phone using toll-free lines.

         *THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President.  I also thank Hon. Senator Chief Charumbira for the wise words.  Let me just add on that even from the areas that we come from, in some areas, you can pull materials together which we can come and help you as a Ministry so that we can get to our 2030 Agenda.  I thank you for the idea.  If we work with the Zimbabweans, it will be good for the nation.

         THE ACTING PRESIDENT OF SENATE: We have been joined by two other Ministers.  Minister Jesaya, Minister of Sports, Arts and Recreation and Hon. Deputy Minister for Higher and Tertiary Education.  Those with questions directed to them, they are at your disposal.

         *HON. SEN. MUNZVERENGWI: Thank you Mr. President.  Let me first of all congratulate Hon. Minister Mhona for being awarded the outstanding Minister.  I would like also to thank our President, Dr. E. D. Mnangagwa who saw it fit, after considering all the Cabinet Ministers and considered him the best.  We congratulate him for that.  I also would like to thank you for taking up queries with speed.  I heard you saying you already have a programme and you also explained some of the roads that you are working on such as Rothmans and Fairfields.  

         However, I would like to ask Hon. Minister, we also have roads in rural areas that are given tenders to companies.  Due to incessant rains, the companies have since stopped working.  Are there any plans for those companies to resume work because in the rural areas, that is where we have farmers who want to take their produce to the markets.  There are also some areas where heavy trucks ply certain roads.  Those roads are damaged. I would like to remind and perhaps ask you, those who have suspended their work, are they coming back?  We wish they could come back and fulfill the wishes of the people.  I thank you.

         *THE ACTING PRESIDENT OF SENATE: I think this is a repetition of a question that was previously asked.  I would like to say to this Hon. House, since we are announcing all the Ministers who are present, please ask questions to them because you are only asking Minister Mhona, so the rest would not even come next time because they feel irrelevant. 

*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President.  I would like to thank Hon. Munzverengwi for that question.  The good thing is that the Hon. Member has asked a specific question. Where I come from, Hwedza, if only the Hon. Member can specify the road.  Indeed, there are some major roads in the rural areas but I also want the Hon. Senator to take the message to the constituents that the contractors are back on the roads. Also, there are some heavy trucks that are ferrying heavy loads, be it from mining or what, between Murehwa and Macheke.  The road that they use, we are coming to fix it.  Even where there are heavy loads from goods being carried, we wish to talk to all those mining companies.  Right now, we do not have a law but we want to ask them to fix the roads that they use because those roads are being damaged, yet the Government is the one that is facing the burden of repairing those roads.  So, we want to go, in conjunction with the Minister of Mines, to talk with those mining companies.  We are also asking those companies to take their goods to railway sidings so that they will be carried through the National Railways.  That is why we are resuscitating the railways so that we reduce the damage to the roads.  I thank you.

         THE ACTING PRESIDENT OF SENATE: We have been joined by Hon. Deputy Minister Dinha, the Deputy Minister of Public Service, Labour and Social Welfare

         *HON. SEN. CHIEF DANDAWA: Thank you Mr. President.  My question is directed to the Minister of Transport and Infrastructural Development.  I wanted to find out from the Minister what criteria they use to award tenders.  For example, in Nyamakate where I come from, Bitumen is working on those roads.  As chiefs, when we approach them and give them names for job seekers, they tell us that the names that we are using come from above.  We wonder how development can take place in the locality yet our children are not employed. Secondly, there are a lot of safaris in Karoi-Binga Road but that road was worked on a few years ago but it has stopped. 

         THE ACTING PRESIDENT OF SENATE:  Hon. Senator Chief, if you specify a question, it has to be put in writing because the Hon. Minister may not have the answer there and then.  If you put it in writing, the Hon. Minister may take an opportunity to update the nation on the progress on that particular road.  I can allow the Hon. Minister to attempt to respond.

         THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Hon. Senator Chief.  Indeed, we want to emphasise to the companies that have been awarded tenders to fix the roads. When it comes to general workers, they must prioritise employing locals.  I believe as we are going to Hurungwe, since that is your area, if you see  us there, I will be very glad because we want to give opportunities to the youth, young women; those who are still fit and will be able to run around with wheel-barrows.  We emphasise that they employ locals.  The only people that they may come with are engineers but general workers must be locals.  If it is not happening, we should sit down with those companies so that they employ locals.

         The road that you mentioned is very important, including those travelling to Victoria Falls from Zambia they actually use the Karoi-Binga Road. That road is 300km to Binga but when you get to Cross Dete and then turn to Victoria Falls from the Bulawayo Road. We are working on that road and there is a company that we are liaising with and right now we are focused on the term sheet. We are also looking at it and we expect it to be awarded to a company very soon.

We worked on a few kilometers from Karoi but we will resume when we get to Binga, such areas like Siakobvu, those are local roads that we will also focus on. We will not only focus on the main road, so it is important that you take back the message that indeed, we are aware of that road and it is in our plans. I think we will do the job diligently. I thank you.

+ HON. SEN. RITTA NDLOVU: Thank you Hon. President of the Senate. My question is directed to the Deputy Minister of Sports. My question says, it is said that the National Sports Stadium is unable to be renovated. My question is, Minister, is this true or false? When are we going to get a new stadium? Since right now our national team is using other countries to play their home matches. I do not know if the Hon. Minister heard my question. Thank you.

THE ACTING PRESIDENT OF SENATE: It would be better if you respond looking at all other stadiums in the country that are not functional.

THE DEPUTY MINISTER OF SPORTS, RECREATION, ARTS AND CULTURE (HON. JESAYA): Thank you so much Mr. President. I want to thank the Hon. Senator for the question that she has asked concerning the National Sports Stadium. Firstly, I want to let this House know that the Ministry is taking seriously the refurbishment of the National Sports Stadium. As we speak, there are ongoing works that are happening at the stadium. There is the issue of bucket seats. I want to inform this House that all the bucket seats that are needed to be installed in the National Sports Stadium are already in the country and are stored at the National Sports Stadium.

As we speak, the VIP and the VVIP sections of the National Sports Stadium have been completed. It is at 100% installation of bucket seats. Then there is also another bay which has been completed in terms of putting the bucket seats. We are now waiting for the Confederation of African Football to come and inspect the grounds to see the installation that we have done. To that effect, we have written a letter to them through Sports and Recreation Commission, through ZIFA as well, which is the board that oversees football in Zimbabwe, for CAF officials to come to this country and inspect the works that have been done so that they give us the green light to complete the other bays for the installation of bucket seats.

Then the other issue that we had that is stopping the National Sports Stadium from hosting games is the issue of electronic tent stiles. I also want to inform the House that as we are speaking, we managed to procure all the tent stiles that are needed in the National Sports Stadium and they are stored at the National Sports Stadium. We have a total number of nine gates that need to be installed with these electronic tent stiles. The design of the electronic tent stiles that we have requests us to demolish the gates so that we build new gates that are compatible with the tent stiles that we need to install. So far, the demolitions are ongoing and we have managed to demolish one gate to install six electronic tent stiles. That work is ongoing, Hon. Senators.

Then as far as the National Sports Stadium is concerned, I would also wish to inform the House that there was the issue of the venue operating centre. Cabling has been done and it is 100% complete. What is left is for us to install the cameras that have been recommended by FIFA and CAF as well as to put furniture. That will be done once the stadium is complete and ready.

The other issue that was there at the National Sports Stadium is the issue of water reticulation and we are doing it in phases. So far as we speak, Phase 1 is complete. That entails the distribution of water to bathrooms and toilets around the stadium. Now we are going to Phase 2 of the water reticulation system and once that is done, then our stadium would be ready. In terms of the TEF, we have done soil testing and we already received feedback and we are working on it. I want to inform the House that as far as the National Sports Stadium is concerned, there are ongoing works and we are looking forward to opening that stadium for games within the next quarter of the year.

Then pertaining to other stadiums in the country, I wish to inform the House that we have a policy in the Ministry which recognises the importance of constructing sports facilities as well as refurbishing the existing sports facilities. In terms of the construction of other facilities, the Ministry took a deliberate approach to construct what we call multi-purpose sports courts in different provinces and different parts of the country. I understand recently I commissioned a multi-purpose sports court in Karigamombe, Zvimba. These multi-purpose sports courts will cater for three disciplines of sports. That is number one, netball, tennis, basketball and also we speak of volleyball.  That is what we are doing as a Ministry and these projects come under what we call our 100-day cycle projects. The first 100 days, we establish which province are we going to target and then we construct those multi-purpose courts in schools. We are doing that in schools but they are open to the community to also come and use them for recreational purposes.

Then also whenever we have national events, for example, Independence Day celebrations, the Ministry also comes in place and constructs soccer or football pitches that will be used and we are using the standards that are required by ZIFA. As we are speaking, there are ongoing works in Gokwe, Nembudziya where we have constructed a stadium that is also going to be used to play soccer. Mr. President Sir, that would be my submission with regards to sports facilities in Zimbabwe.

*HON. SEN. CHIEF CHARUMBIRA: Thank you. Mr. President. I was impressed by the Honourable Minister. She did not even stammer, she was very explicit but where I need clarification, people are wondering when are we going to stop using foreign grounds. Can we assume that by July we will no longer be using other countries for stadiums to host our matches?

         *THE DEPUTY MINISTER OF SPORT, RECREATION, ARTS AND CULTURE (HON. JESAYA): Thank you Mr. President and I would also want to thank Hon. Senator Chief Charumbira for the point of clarity. Like I said, considering the work that is happening at the National Sports Stadium, we expect that by the end of June, we hope that the National Sports Stadium will be open for use.  Still on the same issue, there could be other factors that can be beyond our control for us to be able to use it by that time.  Like I said, we asked CAF to come and inspect the stadia and we can only wait for them to come and inspect, we cannot rush them since we are expecting them in June. As a Ministry, we are trying our best to ensure that all our processes are done quickly since it has been a long time that our national teams cannot host matches as other teams. I thank you.

HON. SEN. MUDHLURI: Thank you very much Mr. President. What are we doing in terms of protecting our country, especially our digital infrastructure, cyber security in the country especially in the context of increasing online threats?  I think we have all witnessed some at one moment, thank you Mr. President.

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MAVETERA): Thank you Mr. President, what we are doing in terms of protecting our country especially our digital infrastructure in terms of cyber threats, we are working on concluding security operations centre.  The centre is meant for us to detect any threat intelligence that may come in around cyber-attacks. So we are working on it, we have already procured some equipment that we are hoping  to make sure that we have it put in place.

Secondly, we have come up with the Cyber and Data Protection Act and I am sure you are aware. What we have also done is come up with regulations where we have Statutory Instrument 155, which was meant to at least unpack what the Cyber and Data Protection Act says.  We are also working on a cyber security strategy.  We have done  all the consultations. It is now at Cabinet Committee level. We are hoping that within the next one month we will have concluded and we will then be able to implement the cyber security strategy. I so submit.

+HON. SEN. CHIEF MUTASA:  Thank you Mr. President. My question is directed to Minister of Transport and Infrastructural Development. In northern and eastern highlands, that is where crops meant for exports come from such as pears, macadamia, avocados, plums and bananas.  The problem is, people are failing to export their produce because of transport charges due to distance. They go via Beira or else they have to come to Harare. I once heard you talking about the airport in Mutare, that would assist the eastern and northern parts to transport their goods.  I wanted to find out the progress right now.  Thank you.

THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA):  Thank you Mr. President. I also would like to thank Honourable Senator Mutasa. Yes, indeed we visited his area and we did feasibility study. The ones who constructed the Robert Gabriel Mugabe International Airport,  have now finished the State Pavilion at RGM Airport.  The most important thing raised by the Honourable Senator Chief is about the produce. We used to compete very much when it comes to horticulture production. I believe that in future, his constituency that covers Chipinge and all such areas, will make use of that airport. So according to our plan as a Ministry, this year we are looking forward to finalising the agreements after considering what they look at because they are trying to find out which direction the aeroplanes fly.

We have Charles Prince Airport which will be much bigger than Robert Gabriel Mugabe International Airport runway.  We expect to construct it as an international airport very soon.  We are looking at doing that with our friends from the East. I thank you.

HON. SEN. SIBANDA: Thank you Mr. President, I hear the new airport is going to be called Charles Prince. All along, there have been some people who were going around asking for change of names, saying that we are going back to the colonial era.   Is it not going to be a problem again going back to change that name? Thank you.

 

HON. MHONA:  Thank you Mr. President.  Let me also thank Honourable Senator Sibanda.  The Honourable Senator has raised a very important question but what is of paramount importance is, we have got a Committee which superintends over change of names.  I am sure in due season, we will have that being tabled before this Committee which is chaired by Honourable Vice President, Rtd. Col. Kembo Mohadi, so as to interrogate some of these names.

Mr. President, we are happy that we have been seeing this exercise, where others have been having names of certain sections.  Let me cite a very good example, those who know the infrastructure that we are going to be completing in a few week’s time, the Mbudzi Interchange, which has been renamed to Trabablas.  We will continue doing that so that some of these areas or the infrastructure projects that we are partaking, we need to also associate with our luminaries, with our revolutionary cadres which is also historic to the people of Zimbabwe. We are talking of the icon leaders so that the future generation will continue remembering such a great leader.

*HON. SEN. CHIEF NHEMA:  Thank you Mr. President.  My question is directed to the Deputy Minister of Finance.  My question is about taxes. I need assistance from him. When I receive my salary, I am taxed. If I go to ZESA for example or to buy in the shops, they give me a receipt and they tell me their goods are costing USD20 but the tax is USD5. It is also coming back to me. If I want to swipe, I am also taxed. Is that proper and what measures are you taking with regards to the income that we receive for us to live?

Secondly, governors and other economists are saying the ZiG is gaining power and is performing well. They are saying they have released a policy that requires release of POS machines but if you go to institutions right now, ZESA is saying they no longer accept ZiG. They want US dollars. They will ask you to come using hard currency because they are not working. What are they doing to ensure that they rectify that problem?

*THE DEPUTY MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION (HON. K. D. MNANGAGWA): Thank you Mr. President. I would also like to thank the Hon. Senator Chief Nhema for that good question. The Hon. Senator asked the tax infrastructure ecosystem saying that when you pay you are charged tax after salary which is PAYE. When you go to buy in shops, whatever you buy, another tax is levied which is VAT using swipe. There is also IMTT which is also another tax and is 2%. It is proper and it is true that all those taxes are there and are legal. We have accepted that request and we will look into it.

I am sure recently you heard Hon. Prof. Mthuli Ncube, the Minister of Finance, saying we are trying to review our taxes where they are actually burdening the majority so that we identify areas that we can reduce the purchasing power and the value cannot be eroded through taxes. Right now, all I can say to the Hon. Member is that the current situation, we have accepted and understood the request. As a Ministry, we are looking into it and we will find out what measures we can take. Taxes must be considered carefully because 97% of Government expenditure comes from taxes.

If we are going to reduce somewhere else, we have to find out where we can cut our expenditure. If we discover that there is a burden being formal, we will review and see how best we can alleviate the situation for businesses. The second question is the issue of ZiG. If there is a request that there are some Government agencies or parastatals that are not accepting ZiG or if there is anyone from ZESA whom I am sure is listening, they are breaking the law. There is no parastatal or Government agency that can refuse to accept ZiG. If they are there, we want you to report. I know the structures may be difficult but bring them to us as a Ministry of Finance. If there is anyone not accepting ZiG, it is illegal. I am talking about Government agencies. With regards to supermarkets or shops that may switch off swipe machines, that is another behaviour which is affecting some businesses trying to avoid ZiG. There are some exercises that are being carried out.

In addition, there is a task force that is being carried out to ascertain whether businesses are using POS machines. What I want this august House to know are the reasons which we want to fix. Some of the  behaviour from various people may be from underlying causes, which is what we are trying to solve as a Ministry of Finance. We want to find out the root causes of why people do not want to use the local currency so that we fix that. I thank you.

*HON. SEN. BVUMO: Thank you Mr. President. I wanted to find out from the Hon. Minister on the ZiG that he was talking about. What measures are they taking to fix the pricing system in shops and private entities? Most of the time we know that the official rates will be at ZiG28 for example but if you ask them they may tell you that it is USD2 which is a higher price. Their explanation is that the prices are different. Some of the prices are in US dollar and some are in ZiG. So, how can we match that? I thank you.

*THE ACTING PRESIDENT OF SENATE: You are trying to hide behind the supplementary but that is a very strong question. It is a very pertinent question and I will allow the Hon. Minister to respond to the question.

*HON. K. D. MNANGAGWA: Thank you Mr. President. With regards to the pricing system like what the Hon. Senator asked, what Government policy is, we will not be introducing price controls. Shops are allowed to put prices that they see fit to their goods. Those who play around with the exchange rate are the ones that we consider illegal. The practice that we noticed is, the US dollar price will become higher in order to match the rate. The Government will say as a policy, we will not intervene because someone will lower prices and that will be like competition.

Furthermore, the one who does not charge a fair price will be forced out of business by competition. People will go to the shops that sell at lower priced shops but our financial intelligence is looking at those who are avoiding the legal rate because the rate is determined by the Interbank. The Reserve Bank is not intervening there. People who go to purchase things using the US dollar bid prices. All the banks in the country can come up with an average rate, which is what we call Interbank. The Government does not intervene in that and the Reserve Bank does not also control that. It is by private individuals who use their money to change their currency. So that is what we call official rate whereby the Government or the Reserve Bank does not intervene.

*HON. SEN. KATUMBA: The supplementary question to the Hon. Deputy Minister of Finance is, as a country, we are already crying foul over swipe machines. Like what was alluded to earlier on, you are told that the network is down when it comes to ZiG but we also hear that from your side, you are trying to introduce, you are saying anyone who is investing or starting a business must have swipe machines. Are you not worsening the problem that we already have?

HON. K.D. MNANGAGWA: Like I said earlier on, where there is a problem, they vary in degree. Some of them may be worsened by already existing problems or underlying problems. Some of the measures that we take are meant to solve some of the upcoming problems whilst trying to address the biggest problem. So, that is what we notice to bring stability into our economy. The issue of swipe machines, that is a law and that will be fixed.  If we are to fix the major problem of ensuring confidence in our local currency, there must be a framework or a system that will ensure that the currency circulates.

For example, the issue of having POS machines in shops is not solving the major problem but it will ensure that by the time we take the correct or appropriate measures, we will ensure that there are high chances of people using or trading in the local currency.

Questions Without Notice were interrupted by THE ACTING PRESIDENT OF SENATE, in terms of Standing Order No. 67.

HON. SEN. GWATURE:  I move that the time for questions without notice be extended by 15 minutes.

HON. SEN. SIBANDA:  I second.

Motion put and agreed to.

         HON. SEN. KUNAKA: My question is related to the Minister of ICT. Throughout the years, we have always maintained the ZBC monopoly. So, as a Ministry, what are you doing to make sure that you liberate the airwaves by giving licences to other diverse media players for media diversity?

         THE MINISTER OF INFORMATION, COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MAVETERA:   Thank you very much, Hon. President. May you allow me to hand it over to the Minister of Information because the question has been misdirected?

         THE DEPUTY MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. MARUPI): I am sure we are all aware of the licencing that has been taking place in phases. Gone are the days when we were talking of a monopoly in Zimbabwe in having ZBC as the only broadcaster of note.  We are happy to say, under the leadership of His Excellency, Dr. E.D. Mnangagwa, he has actually declared that there should not be anyone or any community that is found left behind.

That has actually seen licencing of independent broadcasters. On the side of TV, we have seen ZTN, NRTV and 3KTV. On radio stations, we have actually seen the licencing of community radio stations. That has actually been done to actually accommodate all the constituted languages in Zimbabwe, meaning, according to their geographical location across the country, communities that are defined by their languages now have community radio stations.

As of last month on World Radio Day, we were in Hwange, where we were celebrating World Radio Day, under the flagship of Leja FM, which is a community radio station that broadcasts in Nambya. That is something that has been ongoing under the leadership of His Excellency, to devolve and see into it that when we are talking of devolution, we actually see that every year celebrations on World Radio Day are done across the country, celebrating the opening of these community radio stations. I can therefore say the airwaves have been opened.

As we speak, we are putting in place structures to go further into seeing that even those with diverse religions are also accommodated, having also been overwhelmed with requests to see that we do not actually leave such constituencies behind or outside. I can safely say, that is something that was a song of the past. This time around we are singing a new song.

You can also maybe, coming from wherever you are coming, if there is no radio station and your community wants to have one, you can come and see us. We licence you accordingly if you meet the requirements. I make my submission.

HON. SEN. CHAPFUDZA: Thank you Mr. President. My question was supposed to be directed to the Minister of Health and Child Care.  In my question, there are some elements of finance, so I will direct it to the Minister of Finance, Economic Development and Investment Promotion. I want to enquire about the recent withdrawal of the USAID and its impact on HIV patients in Zimbabwe. Specifically, I would like to know what measures has the Government put in place to ensure continuity of treatment and care for HIV patients considering the significant funding gap left by the USAID withdrawal. As we are aware, the USAID withdrawal has resulted in the potential ARV shortage by June affecting one million HIV patients in Zimbabwe.

While the Minister has reassured Parliament that the Government will replenish ARV stocks, I would like to understand the long-term sustainability plans and how the Government intends to address the funding gap. Would you please provide insight into alternative funding sources being explored to support HIV treatment and care strategic partnerships being forged with other international organisations or donors to fill the funding gap? Government's initiative aimed at increasing domestic funding for HIV programmes and reducing reliance on external aid. Your response will provide valuable clarity on the Government's commitment to ensuring uninterrupted treatment and care for HIV patients in Zimbabwe, I thank you.

 THE ACTING PRESIDENT OF SENATE:  This is typically a health question that needs the Health Minister but if the Minister of Finance, Economic Development and Investment Promotion feels you can tackle it, I will give you the chance.

THE DEPUTY MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION (HON. D. K. MNANGAGWA) Thank you Mr. President. Maybe I can tackle the finance-related aspects of this question. First of all, I think it is important that we highlight Government’s position that it has always promoted trade over aid. With that said, fundamentally the withdrawal of aid should not in any form or manner deviate Government policy as well as our budgeting, as much as we had gotten used maybe to get some relief from some of these donors. The Government of Zimbabwe prior had been futuristic in as far as HIV and AIDS funding is concerned by having an AIDS levy. We also had an airtime levy that was earmarked for such programmes.

What the Minister of Finance and what Government now has to do a bit more deliberately is to make sure that such levies are appropriately ring-fenced for these programmes as opposed to just bundling in the Consolidated Revenue Fund, which is an exercise that we are currently doing with our Accountant General to make sure that the AIDS levy accumulates in its own account and is redirected to the purchase of anti-retroviral and related funding.

So, I will say that after the Ministry of Health and Child Care has finished their impact analysis of how much aid was coming in, how much of that was actually going to the procurement of these drugs. I am sure an analysis of some of these grants will show that while the intended purpose on some of the descriptions might have saved HIV programmes, some of these funds were diverted to other activities. So, once the real impact has been assessed by the Ministry of Health and Child Care, as Treasury, we stand ready and capacitated to fill in that gap.

So, Mr. President, I would like to say that all our HIV patients should not have anxiety that Government will not be able to cover the gap that has been created by the withdrawal of aid. We are carrying out the technical exercise and we do stand ready to make sure that procurement of these drugs is a priority from the properly ring-fenced levies which should be more than enough. I thank you Mr. President.

+HON. SEN. MLILO: Thank you Mr. President for giving me this opportunity to ask my question, which I direct to the Hon. Minister of Finance, Economic Development and Investment Promotion who I am not sure the correct Minister is. What I wanted to find out is, we have  Government places like hospitals that are essential for life where we pay consultation fees. Do you make a follow-up on those fees and the accountability part, whether that money is accounted for properly, because after that you are then asked to pay for medication but in the past, after paying for consultation fee you would then be given medication? So, I wanted to find out if they audit the finance in the hospitals.

THE DEPUTY MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION (HON. D. K. MNANGAGWA): Thank you Mr. President. Thank you to the Honourable Member. The input of a question was, in our public health institutions such as hospitals and clinics, there are instances where they pay consultation fees. It could be $10, $12, but essentially these same institutions are funded from the fiscus. The question was then, does the Ministry of Finance Economic, Development and Investment Promotion    make a follow-up to make sure that these finances that have been collected from the patients are fully audited and accounted for and the short answer would be, yes we do. Any cent, any dollar that is received in any Government institution is accounted for and we have various and multiple layers of auditing. The first one would be at institution level where you have an audit office. Then at ministry level, where they have an internal audit function, the Ministry of Finance, Economic Development and Investment Promotion has an internal audit that then audits all the audit functions of all the ministries.

 Above all, we have got an independent office of the Auditor General. Ideally, that is responsible for making sure that all the money that is collected and that is disbursed is accounted for and is used appropriately. If this system is not working perfectly, it might be something that might need review. It is easy for temptation to occur, especially where you have US dollar payments. What we do encourage patients or members of the public who are interacting with public institutions is to be given invoices and receipts that also look legitimate and not just scribbled on a piece of paper. That will also help the public to assist government to ensure that our officials are being accountable and reduce the levels of corruption. I thank you Mr. President.

Questions Without Notice were interrupted by THE ACTING PRESIDENT OF SENATE in terms of Standing Order Number 67

ORAL ANSWERS TO QUESTIONS WITH NOTICE

DEVELOPMENTAL OPPORTUNITIES ARISING FROM THE 56TH SESSION OF THE ECONOMIC COMMISSION FOR AFRICA CONFERENCE

  1. 1. HON. SEN. PHULU asked the Minister of Finance, Economic Development and Investment Promotion to present to the House the critical developmental opportunities arising from the 56th Session of the Economic Commission for Africa Conference of African Ministers of Finance, Planning and Economic Development held in Victoria Falls, Zimbabwe.

THE DEPUTY MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION (HON. D.K. MNANGAGWA): Zimbabwe hosted the 56th Session of the United Nations Economic and Commission for African Ministers of Finance, Planning and Economic Development (CoM2024) held in Victoria Falls over the period 28 February to 5th March 2024 under the theme “Bolstering Finance mechanisms and policy frameworks for the transition to prosperous, just and inclusive green in Africa”. The conference is one of the premier forums on the continent for dialogue and exchange of views between African Ministers responsible for Finance, Planning and Economic Development and Governors of Central Banks on issues pertinent to the development agenda of Africa.

A number of policy recommendations came out of the conference including the need for the following:

  1. Promoting private sector development, including public-private partnerships, by setting up an enabling environment and putting in place incentives to attract private investment to finance the green transition.
  2. Promoting artificial intelligence by designing policies and strategies to strike a balance protecting citizens and encouraging innovation in order to accelerate inclusive economic transformation and sustainable development.
  3. Scaling up initiatives to leverage the private sector in strengthening domestic capital markets.
  4. Including climate resilience clauses in debt restructuring approaches.
  5. Leveraging the opportunity of the twentieth replishment of the International Development Association and other concessional and non-concessional financing from multilateral development banks to finance the green transition.
  6. Activity participating in efforts to address challenges associated with the carbon border adjustment mechanism by engaging in relevant discussions and ensuring that it is designed and implemented in such a manner as to sustainably benefit African countries.
  7. Working with credit agencies to address the risk associated with private financing and presenting a unified voice in the Group 20 regarding development on the continent, among others.

PROGRAMMES AND INCENTIVES TO SUPPORT AILING LARGE RETAIL STORES

  1. HON. SEN. TSHABANGU asked the Minister of Finance, Economic Development and Investment Promotion, to inform the House on Government programmes and incentives to support the ailing large retail stores in Zimbabwe to keep them afloat and curb unfair competition with informal tuck-shops which do not contribute to the fiscus.

THE DEPUTY MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION (HON. D.K. MNANGAGWA): Recently, there has been a pattern where we have noticed a number of retailers closing or downsizing their operations. This phenomenon is attributed to a number of factors ranging from poor management and the impact of growing informal sector compromising the profitability of formal retailers. Notwithstanding, Government is intervening to promote formalisation of the informal sector with a view to level the playing field. In this regard, Government approved a raft of measures to be implemented by MDAs as follows:  

  1. 5% withholding tax for unregistered businesses when purchasing from wholesalers and manufacturers.
  2. Lowering of the VAT registration threshold from USD40 000 to USD25 000 to encourage wider registration for VAT.
  3. Legislated certain retail products as deemed smuggled goods to curb smuggling of retail products from neighbouring countries and proposed mandatory use of Point of Sale machines by small and medium enterprises, with the gadgets linked to bank accounts registered with ZIMRA for tax compliance purposes. The proposal is still work in progress. Enhancing the tax payment to ensure every eligible tax payer pays tax; and licensing of all vendors as well as issuing all vendors with POS machines and ensuring that all open bank accounts.
  4. Government is also making efforts to streamline processes, fees and charges as well as duplication of work by Government agencies to reduce the turnaround and cost to business.
  5. Some of these measures are already being implemented as provided for in the Monetary Policy Statement announced on 6 February 2025.
  6. As part of the monetary policy measures, the Reserve Bank has extended beneficiaries of the Targeted Finance Facility (TFF) to include wholesalers and retailers to facilitate the recapitalisation of the sector through working capital.
  7. Similarly, Government is strengthening its enforcement with the provisions of the Indigenisation and Economic Empowerment Act which provides for certain areas as reserved sectors.

CONSTRUCTION OF CHILONGA BRIDGE IN CHIREDZI

  1. HON. SEN. MAVENYENGWA- asked the Minister of Transport and Infrastructural Development to inform this House what plans the government has to construct the Chilonga Bridge in Chiredzi and to explain why it is taking such a long time to construct this bridge considering that many lives are lost during the rainy season along this river.

THE MINISTER OF TRANSPORT INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Following the washing away of Runde Bridge, Government made a decision to relocate the bridge to Chilonga. The relocation is meant to have the bridge providing services to a large population. The identification of three possible sites resulted in topographical surveys and geological investigation being carried out at two of the sites that looked promising. A report produced in November 2028 indicated an average depth of 50m for the foundations. This proves to be costly as the resultant bridge would require special foundations and cost in excess of USDD 1 billion. A fourth was identified in 2023 which is located about 5km downstream of the existing causeways which is currently closed due to extensive damages at Chilonga. The site has rock outcrops and this is an indication of possible good foundations close to ground level. There are plans to conduct geological investigations in order to determine whether it is feasible to construct a bridge at the new site. We are also looking at the possibility of repairing old Runde Bridge.

CONSTRUCTION OF CHIKOMBEDZI AND CHIREDZI ROAD

  1. 9. HON. SEN. ZVIDZAI asked the Minister of Transport infrastructural Development to inform the House what plans the Ministry has regarding the construction of an all–whether road that links Chikombedzi and Chiredzi Town, thereby ensuring that social services in this constituency are not disrupted during rainy season.

THE MINISTER OF TRANSPORT INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Currently, Government has plans to upgrade the Rutenga–Sango Road from gravel road to surfaced road. Rutenga–Sango is a regional road passing through the constituency and a major link from Sango Border Post, Chikombedzi up to Rutenga and Masvingo–Beitbridge Road. Nandi–Boli which also links Chikombedzi to Chiredzi maintenance works were done in 2024 under Emergency Road Rehabilitation Programme 2 which included spot gravelling. This current yea,r we will continue to undertake routine maintenance works in the road to ensure it is trafficable.  

Questions with Notice were interrupted by THE ACTING PRESIDENT OF SENATE in terms of Standing Order Number 67

MOTION

REPORT OF THE THEMATIC COMMITTEE ON CULTURE AND HERITAGE ON THE TRADITIONAL COURT SYSTEMS IN ZIMBABWE

         HON. SEN. CHIEF NECHOMBO: I move the motion standing in my name that this House considers and adopts the Report of the Thematic Committee on Culture and Heritage on the Traditional Court Systems in Zimbabwe.

         HON. SEN. MLILO: I second.

         HON. SEN. CHIEF NECHOMBO:

Introduction.

Zimbabwe adopted a new Constitution in 2013, which among other things, recognises the role of traditional leadership institutions in the delivery of justice, which operate alongside judicial authority. The Constitution gives the parameters for the traditional leaders with regard to the scope and extent of their duties. Traditional leaders play an important role in resolving disputes and conflicts in communal and resettlement areas. Traditional courts are more accessible to and cheaper for rural communities than modern courts. However, despite being accessible to the majority of our citizen, who dwell in rural areas, traditional courts face significant challenges. Motivated by the Committee’s mandate to oversee and ensure the effective administration of traditional courts and preservation of cultural heritage, the Committee resolved to conduct an inquiry into traditional courts so as to strengthen their operations and the governance system.

        Objectives

The Committee was guided by the following objectives;

To evaluate the effectiveness of traditional courts in administering justice;

To identify challenges and opportunities within the Traditional Court System; and

To offer policy recommendations for improvements.

Methodology

In its inquiry, the Committee employed two strategies in gathering the necessary information. Initially, the Committee conducted oral evidence session on 6 May 2024, with Mr. Chinhengo, the Law Development Officer under the Ministry of Justice, Legal and Parliament Affairs who was representing the Permanent Secretary. The oral evidence session sought to appreciate the legal framework governing traditional courts in Zimbabwe and the procedures and process of traditional courts in administering justice. 

        In addition, the Committee conducted public hearings from the 2nd - 6th of September 2024 in six provinces. The Committee considered two urban areas, Harare and Bulawayo Metropolitan respectively, driven by the quest to be as much comprehensive as possible and extend the opportunities to urban dwindlers to contribute. The rest were rural points, Murombedzi, Chiwundura, Insiza, Bikita and Mutasa. 

Committee Findings 4.1 Legal Framework

The Constitution of Zimbabwe, Section 16 (2), provides that the State and all institutions and agencies of Government at every level must endeavour to preserve and protect Zimbabwes heritage. The Customary Law and Local Courts Act (CLLCA) (Chapter 7:05) is the primary law, which recognise the hierarchical of traditional courts system with village and Ccmmunity serving as the basic unit. In cases where any person is not satisfied with the decision of the primary court, the Act provides for appeal against the decision to the magistrate court in that province.

        The Ministry of Justice, Legal and Parliamentary Affairs informed the Committee that the laws were clear regarding cases that fall within the jurisdiction of the traditional courts such as inheritance, marriage, divorce, child custody, land disputes, violations of community norms and customs. The grounds for limitations of local courts were specified in S16 of the CLLCA, cases involving higher monetary value USD15000 and above. Customary laws did not apply in cases involving interpretation of wills or dissolution of marriage, guardianship of minors as well matters to do with maintenance and determination of rights in land disputes or immovable property.  

        During public hearings, participants submitted that they were not acquainted with cases that fall within the ambit of chiefs. As such, the number of appeals to formal courts were increasing at an alarming rate. Participants also submitted that they were bringing cases to traditional courts relating to land disputes, divorces and cases involving monetary value above USD15,000 among others. 

 Participants, during public hearings acknowledged that cases were resolved quickly in traditional courts when compared to formal courts and also at minimal costs. As such, they preferred traditional courts. 

        Public Perceptions of Traditional Justice System. 

The Ministry of Justice, Legal and Parliamentary Affairs submitted that chiefs are appointed by the Minister in terms of S3 (1) of the Traditional Leaders Act (Chapter 29:17). Their authority to preside over such courts were outlined in S5 (1) of the Traditional Leaders Act. It was noted that although the law empowers the traditional courts, in practice it had some limitations. In circumstances where traditional practices, values and ethos were contrary to the formal laws, the formal laws would take precedents. Therefore, appeal cases from traditional courts are increasing in the Magistrate’s Courts. In practice, these appeals were being interpreted as a sign of weaknesses for traditional courts. 

During the public hearings, particularly in Bikita, Insiza and Nyika, the public expressed deep concerns over the persistent erosion of chiefs' authority in traditional court rulings. A key point of contention was the ability of perpetrators to appeal against decisions to formal courts, a practice that not only weakens the legitimacy of traditional justice but also diminishes public confidence in its rulings. This constant overruling of traditional court’s ruling by higher courts had significantly undermined the credibility and effectiveness of the traditional court system, leading to a growing perception that its judgments lack finality and enforcement power. As a result, trust in traditional leadership was waning, threatening the very foundation of customary justice in these communities. 

Perception on Gender Dimension on Traditional Justice System.

Women reported that traditional justice systems often fail to provide them with fair hearings or equitable treatment. They expressed concerns that these systems were unsupportive of women seeking justice after experiencing harm. Many complained that traditional leaders tend to favour men in family disputes, viewing them as closer kin-brothers, thereby compromising impartiality. Women also noted that their voices are often marginalised, with their cases receiving less attention than those brought forward by men. 

Furthermore, they indicated that they were deterred from seeking justice through heavy fines imposed if their claims were unsuccessful, forcing many to abandon their pursuit altogether. Single mothers in particular, highlighted the additional challenges they face, as the system remains deeply entrenched in patriarchy and male privilege, making it even more difficult for them to navigate and access justice.

        Harmonised Justice Processes

 During oral evidence session, the Ministry of Justice, Legal and Parliamentary Affairs noted that the traditional/village court’s decision may be appealed against in the community courts, all the way to the Magistrate Courts. A decision given by the magistrate on appeal may be further appealed against at the High Court. The process therefore, becomes cumbersome and long as one might have to wait for a long time before a judgement to be delivered. The chronological order of appeals does not take into consideration the nature of cases, for example where one’s constitutional rights are violated.

 During public hearings, the public submitted that because the law provided for chronological order of appeal, however, cases whereby one’s constitutional rights are violated tend to take more time to be resolved. Zimbabwe requires a seamless integration between statutory courts and traditional justice systems to enhance fairness and legal coherence. In particular, cases handled by traditional courts that infringe upon rights protected under formal law should be promptly transferred to a constitutional or statutory court. The constitutional court would then adjudicate solely on the constitutional aspects of the case, providing a ruling that ensures alignment with national legal frameworks. Once resolved, the case would be remanded back to the customary court, accompanied by clear legal guidance on how its judgment must be revised to uphold constitutional principles. This structured approach would strengthen the legitimacy of traditional justice while safeguarding fundamental rights.

        Committee Observations

The Committee deliberated on the findings and observed the   following;

The appeal and review mechanisms from local courts to formal

 courts are cumbersome and prolong the justice delivery as well as undermine the authority of traditional courts.

Women are not adequately represented in the traditional courts,

and the patriarchy nature of traditional courts results in women issues being undermined. Women and youths were underrepresented in the traditional courts structure, therefore issues affecting them tend to get less attention.

The Constitution provides for the establishment Ethics Committee

under the Chiefs Council which is still to be constituted and can play an important role in ensuring that traditional courts are effective in their operations.

Committee Recommendations

        After deliberations, the Committee recommended the following;

The Ministry of Justice, Legal and Parliamentary Affairs should

 establish an Ethics Committee for Traditional Courts in line with the Constitution by June 2025.

The Ministry of Justice, Legal and Parliamentary Affairs should

conduct capacity building programmes for traditional chiefs on the traditional court systems and on record keeping and documentation by 30 June 2025.

The Ministry of Justice, Legal and Parliamentary Affairs should ensure harmonisation of fines and penalties in traditional courts, aligned with the customs and cultural practices of each community by 30 April 2025.

The Chiefs’ Council in partnerships with the Ministry of Justice,

Legal and Parliamentary Affairs should review the legal framework to include the inclusion of women and youth in traditional court systems to achieve fair representation.

The Ministry of Justice, Legal and Parliamentary Affairs should

establish guidelines clarifying the jurisdiction of traditional courts by 30 June 2025.

 Conclusion.

In conclusion, the observations and recommendations from the public hearings underscore the vital role of traditional courts in Zimbabwe’s justice system, while also highlighting the need for reforms to enhance their effectiveness, fairness and alignment with national legal frameworks. Capacity building for traditional chiefs, the establishment of an oversight body and the creation of a hierarchical structure for appeals will ensure greater accountability and consistency. Additionally, fostering inclusivity by incorporating women and youth in decision-making processes will strengthen the legitimacy of these courts. Standardising fines, clarifying jurisdiction and improving record-keeping will further promote transparency and equity. The Thematic Committee on Culture and Heritage is committed to these reforms, which will preserve the cultural significance of traditional courts while ensuring they evolve to meet contemporary legal standards and community needs. I thank you.

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

         HON. SEN. MLILO: I second.

         Motion put and agreed to.

         Debate to resume: Tuesday, 1st April, 2025.

         On the motion of HON. SEN. TONGOGARA, seconded by HON. SEN. MOHADI, the House adjourned at Fourteen minutes past four o’clock p.m. until Tuesday, 1st April, 2025.

 

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