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SENATE HANSARD 30 MAY 2018 VOL 27 NO 45

PARLIAMENT OF ZIMBABWE

Wednesday, 30th May, 2018

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

PRAYERS

(THE ACTING PRESIDENT OF THE SENATE in the Chair)

ANNOUNCEMENTS BY THE ACTING PRESIDENT OF THE SENATE

CONCLUSION OF COMMITTEE BUSINESS

          THE ACTING PRESIDENT OF THE SENATE (HON. SEN. TAWENGWA):  I have to inform the Senate that following the enactment of the Electoral Amendment Act (No. 6) [2018] and the proclamation of the Election date for the Harmonised Elections, by His Excellency, the President, the Eighth Parliament is coming to a close.  In this regard, all Committees are advised to conclude their inquiries and compile reports for presentation in the House by Thursday, 7th June, 2018.  This is meant to ensure that the work that Committees have been engaged in is not overtaken by events.  Be guided accordingly.

ZIMRA ENGAGEMENT WORKSHOP

          THE ACTING PRESIDENT OF THE SENATE (HON. SEN. TAWENGWA):  I also wish to inform the Senate that there will be a Parliament of Zimbabwe ZIMRA Engagement Workshop on the 6th of June, 2018 at the Harare International Conference Centre, beginning at 0800 hours.  All Members must attend this important workshop which is meant to enhance mutual interaction between Parliament and ZIMRA on matters relating to national revenues.  

          MOTION

BUSINESS OF THE HOUSE

          THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO): Thank you Mr. President.  I move that Order of the Day,  Number 1 be stood over until the rest of the Orders of the Day on today’s Order Paper have been disposed of.

          Motion put and agreed to.

SECOND READING

CIVIL AVIATION AMENDMENT BILL [H. B. 4A, 2017]

          Second Order read: Second Reading:  Civil Aviation Amendment Bill, [H. B. 4A, 2017].

          THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO):  I wish to present the Civil Aviation Amendment Bill to the august House.

          Background

          On the 25th March, 2014, Cabinet approved that the Ministry of Transport and Infrastructural Development proceed with the unbundling of the Civil Aviation Authority of Zimbabwe (CAAZ) into two entities, that is, the Airports Management Company of Zimbabwe and  the Civil Aviation Authority of Zimbabwe.

          The rationale of the unbundling of CAAZ being that:

          -The CAAZ in its current form is performing the dual role of regulator and operator in the aviation sector and this results in the Authority being conflicted in the discharge of its duties as it is both a referee and a player;

          -International best practice dictates there be separation of roles in regulation and operations to ensure that there is effective, efficient and transparent enforcement and monitoring of operations;

          -The current set up has been creating problems in that in the event of aircraft accident or incident, the CAAZ has to conduct the investigations and report to the Minister responsible. The investigations can be subjected to compromises as CAAZ may find it difficult to attribute negligence to itself;

          -The international aviation industry world-wide is placing major emphasis on safety and security matters, hence the independence of the regulator from operators is paramount to avoid regulatory capture;

          -The split will improve performance, efficiency and effectiveness in service delivery.

          -Aviation industry players have supported the split in order to do away with the conflict of interest inherent in an Authority that performs regulatory and operational functions.

          International Best Practices Followed

          In order to arrive at the recommended structure of forming two entities, that is, the Airports Company and the Regulatory Authority, the Ministry was informed by the following international best practices;

          -Kenya, Zambia. Two separate entities model consisting of Airports Company and the Civil Aviation Authority (Regulator and Air Navigation Services).

          -Ethiopia, Namibia, Botswana and United States of America.  They have got single entity model operating as the Civil Aviation Authority (Airports, Air Navigation Services and Regulatory).

          -South Africa:  Three separate entities model with Airports Company, Air Navigation Services Company and the Civil Aviation Authority as the regulator.

          The Ministry has taken a conscious decision to set up two entities bearing in mind the level of development of the aviation sector at this stage.  It is imperative that we avoid burdening Treasury with state enterprises which will require bailing out due to the shrunken nature of the industry.  Furthermore, the air navigation and air traffic control functions shall remain in the regulatory authority until such time as the industry has grown and is viable to make air navigation and air traffic control a standalone entity.

          Airports Management Company of Zimbabwe (Pvt) Ltd

          The Company is registered under the Companies Act (Chapter 24:03) and registration was effected on the 21st of August 2014 under registration number 6907/2014.

The functions of the company are but not limited to:

a. acquiring, establishing, developing, maintaining, managing, controlling and operating aerodromes in Zimbabwe.

b.  establishing, providing and maintaining roads, approaches, apparatus, equipment, buildings and facilities in connection with aerodromes.

c.  providing any service or facility for the purposes of

i)  the landing, parking or take-off of an aircraft;

ii)  the handling or cleaning of an aircraft, the supply of provisions to an aircraft including but not limited to food, oils and fuels or the emergency servicing of an aircraft on an apron and

iii)  the handling of aircraft passengers or their baggage or of cargo at all stages while they are or it is on the premises of such airport, including the transfer of such passengers, their baggage or such cargo to and from an aircraft.

iv)  undertaking any other lawful activity at any aerodrome.

c.  planning, designing, construction, equipping, maintaining, repairing, adopting, modifying aerodromes as approved by the Aviation Regulatory and the Government of Zimbabwe for the authorised carriage by air of passenger, baggage, cargo or freight.

d.  providing such services as the board considers could properly be provided by the company and to charge for those services such fees as the board may determine from time to time.

e.  developing identified aerodromes in Zimbabwe as regional air transportation cargo and passenger hubs and support airline hub operations as well as carry on the business of shipping, forwarding, reforwarding, clearing and transport agents and bonded warehouse.

f.  providing safety and security measures for the handling of passenger, baggage, cargo and aircraft and that of personnel in accordance with local and international standards and recommended procedures.

g)  entering into agreements with any person connected with the business of passenger, cargo and freighting at domestic and international air terminals.

h)  entering into agreements with State bodies or any person or grant to such State bodies or persons rights or concessions in connection with the company business and other operations.

          The initial directors of the company as per the requirements of the Companies Act (Chapter 24:03) are Mr. Munesushe Munodawafa, former Permanent Secretary in the Ministry and Mr. Nyikadzino Chifema, the Acting Director Air Transport Department.  However, the company has not yet been registered as a State enterprise under the Public Finance Management Act (Chapter 22:19), as the Ministry awaits the approval of the Bill.

3.  Civil Aviation Amendment Bill

Salient features of the Bill are that:

3.1.  Clause 3 amends Section 5 of the Civil Aviation Act (Chapter 13:16) relating to the functions of the authority and provides them as:

i)  promote and regulate civil aviation safety and security;

ii)  develop air transport;

iii)  provide air navigation services and air traffic control;

iv)  oversee the functioning and development of the civil aviation industry;

v)  develop any regulations that are required in terms of the Act; and

vi) monitor and ensure compliance with the Act and the International Civil Aviation Organisation (ICAO) Convention. 

3.2.  Clause 5 amends the current Section 10 to provide for the appointment of women to the Board of  Directors and their numbers shall be at least half of the prescribed members.

3.3. Clause 9 seeks to ensure that the principles of corporate governance are adhered to, by providing for a penalty of a level fourteen fine or imprisonment of not more than 20 years where a board member or a board committee member does not disclose their personal interests in a company or firm doing business with the authority.

3.4.  Clause 10 amends the current Section 24 and it now provides for the appointment of a Director General and not a General Manager as is the current position.  This is in line with international best practices and recommendations of the ICAO audit conducted in 2008.

3.5.  A new Section 44 is now inserted which provides for State Safety and State Security Programmes in the primary legislation.  Safety and Security Oversight Programmes were dealt with in regulations and manuals at an operational level.  The Bill elevates these programmes so that they are incorporated and now have the force of law.

3.6.  Clause 15 seeks to strengthen the inspectorate responsible for the investigation of accidents and incidents in Section 55, which is now independent and funded by all the players in the industry.  The inspectorate is accountable to the Minister.

          The Memorandum and Articles of Association for the Airports Management Company were approved by the Attorney Generals office by a letter dated 1st July 2014 while the draft Bill was approved by a letter dated 28th June 2016.

          To ensure improvement, efficiency and performance in management of operations in the aviation sector in Zimbabwe, it is hereby recommended that the Bill be approved.  I thank you Mr. President.

          HON. SEN. MARAVA: Thank you Mr. President.  As we can see, the Bill is quite a handful.  We are kindly asking for your permission that we go and study the Bill.  We have to give it the importance it deserves.

          HON. SEN. RTD. GENERAL NYAMBUYA:  I rise to support what Hon. Sen. Marava has just said.  This Bill is very important.  We are talking about Zimbabwe being open for business and indeed when we talk of airports, civil aviation authority and the skies that is actually one of the medium through which our investors come through.  We have just received the Bill now.  We have not had sight of it.  I think it is reasonable and fair to ask that we be given some time to study this Bill so that tomorrow we can give it the justice it deserves, bearing in mind that we are crying out the new mantra which is basically, to bring in investors into this country.  I thank you.

THE ACTING PRESIDENT OF THE SENATE:  It would appear you are all in agreement, but let me just correct something.  The Bill was circulated a long time ago and I do have the Bill, I found it in my small bag there.  On inquiring from the Clerk, the same was told.  The one you received contained only an amendment in Clause 3, the one that was tabled just now.  If you go back and look in your pigeon holes or at home under the pillow, you will find the Bill is there but Hon. Minister would you have any opposition that we would go into debate tomorrow.

THE MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT (HON. DR. GUMBO):  Thank you Mr. President.  I was going to repeat exactly what you have said that the Bill was long circulated.  What you now have in your pigeon holes is the amendments.  I am afraid to say, like you initially announced, there might be no Parliament after tomorrow and the Bill might not see its life during this time.  It might be a problem.  I have no problem, it can be deferred to next Parliament after August.  We thought you had already gone through it and it would be history for yourselves having passed it, because it has already passed the National Assembly and it has only had one amendment.  That is the amendment that we incorporated under Section 3 (1) but Mr. President, honestly, I have no problem.  It can be deferred, it does not kill me but we are lagging behind.  What you need to know as Parliament is that we are lagging behind in the implementation of this regulation which other countries have already implemented.  I thank you.

I therefore, move that the debate do now adjourn to next Tuesday because tomorrow I will not be around.  I will be dissolved.

Motion put and agreed to.

Debate to resume:  Tuesday, 5th June, 2018.

MOTION

DEVOLUTION AND CULTURAL DEVELOPMENT

Third Order read:  Adjourned debate on motion on cultural development as being key to economic development.

Question again proposed.

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

HON. SEN. MARAVA:  I second.

Motion put and agreed to.

Debate to resume:  Thursday, 31st May, 2018.

MOTION

ICT LITERACY PROGRAMME

 

Fourth Order read:  Adjourned debate on motion on the need to address the ICT divide between rural, urban, young and old in the country.

Question again proposed.

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

HON. SEN. MUMVURI:  I second.

Motion put and agreed to.

Debate to resume:  Thursday, 31st May, 2018.

MOTION

PROVISION OF ALTERNATIVE RESETTLEMENT AREAS FOR ZWEHAMBA, MAHATSHE AND MATANKENI COMMUNITIES

Fifth Order read:  Adjourned debate on motion on the call on the Executive to provide alternative resettlement areas for communities from Zvehamba, Mahatshe and Matankeni.

Question again proposed.

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

HON. SEN. B. SIBANDA:  I second.

Motion put and agreed to.

Debate to resume:  Thursday, 31st May, 2018.

MOTION

REPORT OF THE DELEGATION TO THE WORLD PARLIAMENTARY FORUM ON SUSTAINABLE DEVELOPMENT

Sixth Order read:  Adjourned debate on motion on the Report of the delegation to the World Parliamentary Forum on Sustainable Development.

Question again proposed.

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

HON. SEN. MUMVURI:  I second.

Motion put and agreed to.

Debate to resume:  Thursday, 31st May, 2018.

MOTION

FIRST REPORT OF THE THEMATIC COMMITTEE ON INDIGENISATION AND EMPOWERMENT ON THE CIRCUMSTANCES SURROUNDING THE NON-ESTABLISHMENT OF THE COMMUNITY SHARE OWNERSHIP TRUSTS

Seventh Order read:  Adjourned debate on motion on the First Report of the Thematic Committee on Indigenisation and Empowerment on the Circumstances Surrounding the Non-Establishment of Community Share Ownership Trusts in Mudzi and Mutoko Districts.

Question again proposed.

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

HON. SEN. MUMVURI:  I second.

Motion put and agreed to.

Debate to resume:  Thursday, 31st May, 2018.

MOTION

FIRST REPORT OF THE THEMATIC COMMITTEE ON SUSTAINABLE DEVELOPMENT GOALS ON SDG NO. 3

          Eighth Order read:  Adjourned debate on motion on the First Report of the Thematic Committee on Sustainable Development Goals on SDG No. 3.

Question again proposed.

HON. SEN. CHIEF NGUNGUBANE:  Thank you Mr. President for affording me this opportunity to debate this very important and pertinent motion in this House.  First and foremost, I would want to thank Hon. Sen. Chief Mtshane Khumalo and his Committee for going out to the various hospitals with a view of ensuring that SDG No. 3 is realised to ensure healthy living and promote well being for all ages.  I know Hon. Sen. Khumalo has been very vocal on having a balanced diet and a healthy life.  I would like to follow that channel Mr. President.  First and foremost, if you look at diseases, there are certain diseases that are as a result of poor eating standards. Diabetes and cancer are some of the diseases that come as a result of poor eating culture. Nowadays, people no longer cook at home. The family will rather prefer to have a pizza or some take-away as lunch or dinner. Some of the children that we see in urban areas do not know some of the traditional foods that we have like umfushwa, ibovola, umnhutschu and uludhe, the list is endless.

          As a result of this, we have seen a surge in cases of people that are now diabetic. They have high blood pressure as a result of these poor eating habits. This report brought by Hon. Sen. Chief Mtshane is very important that it should encourage us as Hon. Senators and communities that if we eat the right food, it will give us an extra life span. If the research that has been conducted is anything to go by, they are saying non-commutable diseases like the ones that I have mentioned are now killing more people than HIV and AIDS.

          It therefore means that as an august House, relevant authorities should take due diligence that people are conscientised and educated on the effects of flooding KFC, Chicken Inn etc. There was talk of sin tax long back. Sin tax is tax that is sought from products that are harmful to our health. If you look at alcohol, cigarettes and even the adverts on the television, they say smoking may be hazardous to health, but when it comes to these foods, there is nothing that is being said. These foods are promoting more illnesses than what cigarettes and alcohol will do.

          So, I would propose Mr. President that we include these foods in the sin tax basket where they are taxed. I do not know whether I would call it sin tax or sugar tax because sugar and fat are one and the same thing. The damage that they cause on the body is virtually the same. I therefore propose that that fat charges and sugar tax be included on these products to conscientise people of the effects of eating these foods and also to subsidise health facilities because once I become diabetic or hypertensive, the burden now belongs to the State. We know that Government in the past has failed to adhere to its health budget in line with the Abuja Declaration.

          So, I would encourage that these products are taxed so that we realise the necessary revenue to help assist people who are suffering from cancer and sugar. I do not have much to say and I know that the rest has been covered by fellow Members. I just wanted to add my voice on this motion. Thank you.

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

          HON. SEN. MUMVURI: I second.

          Debate to resume: Thursday, 31st May, 2018.

MOTION

FIRST REPORT OF THE THEMATIC COMMITTEE ON PEACE AND SECURITY ON THE PREPAREDNESS OF THE GRAIN MARKETING BOARD TO HANDLE THE 2016/2017 CROP DELIVERIES AND THE SUCCESS OF THE COMMAND AGRICULTURE PROGRAMME

          Ninth Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Peace and Security  on the Preparedness of the Grain Marketing Board to handle the 2016/2017 Crop Deliveries and the Success of the Command Agriculture Programme.

          Question again proposed.

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

          HON. SEN. MOHADI: I second.

          Motion put and agreed to.

          Debate to resume: Thursday, 31st May, 2017.

          On the motion of HON. SEN. MOHADI, seconded by HON. SEN. MUMVURI, the Senate Adjourned at Five Minutes past Three o’clock p.m.

 

 

 

 

Senate Hansard SENATE HANSARD 30 MAY 2018 VOL 27 NO 45