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SENATE VOTES 12 April 2016 42

    ADVANCE COPY-UNCORRECTED

No. 42

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE SENATE

_________________

 

THIRD SESSION – EIGHTH PARLIAMENT

_________________

 

TUESDAY, 12TH APRIL, 2016

_________________

Half past two o’clock pm. President of the Senate in the Chair.

PRAYERS.

Bhebe M,

Bhobho H,

Carter M.N,

Charumbira Chief,

Chiduku Chief,

Chifamba J,

Chimanikire A,

Chisunga Chief,

Chitanga Chief,

Dandawa Chief,

Gampu Chief T.M,

Goto R,

Gwenzi Chief,

Jadagu G.T,

Juba A,

Khumalo D.T,

Komichi M,

Machingaifa T,

Mabhugu F.E,

Makore J,

Makwarimba C,

Manyeruke J,

Marozva Chief,

Masendu Chief,

Mashavakure N,

Masuku A,

Matiirira A,

Mkwebu A,

Mlotshwa S,

Moeketsi V,

Mtshane Chief,

Muronzi M,

Musarurwa Chief,

Muzenda T.V,

Ndlovu J,

Nembire Chief,

Rt. Gen. Nyambuya M.R,

Nyamukoho Chief,

Nyangazonke Chief,

Nyathi R,

Parirenyatwa P.D,

Shiri A,

Siansali Chief,

Sibanda B,

Sinampande H,

Tawengwa C.Z,

Timveos L

 

In attendance in terms of section 138(2) and (3) of the Constitution Ho Min. Mandiwanzira S.

Printed by Order of the Senate

 

Absent with Leave

 

Hon. Sen. Chizema C.

1. The President of the Senate informed the House that the Family of the late Hon. Engineer E. Chidavaenzi, who was a Member of the National Assembly, was inviting all Members of Parliament to his memorial service on Saturday, 30thApril, 2016, at 1000 hours, at Vukwe Farm in Mvurwi.

2. The President of the Senate also informed the House that Hon. Senators attending the official opening of the Zimbabwe International Trade Fair to register their names at the Parliament Stand in order for them to claim their fuel from Parliament when it resumed.

3. The Minister for Information Communication Technology, Postal and Courier

Services, with leave moved:  That the Notice of Motion on the TelOne Agreement which was superseded by lack of quorum be restored at the stage at which it had reached in terms of standing Order No. 71 and that the item be the first Order of the Day today.

           Motion put and agreed to.

4. The Minister of Information Communication Technology, Postal and Courier Services (for the Minister of Finance and Economic Development) moved:

THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organizations or entities and imposes fiscal obligations on Zimbabwe, does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS, the Loan Agreement between Government of Zimbabwe and Export-Import Bank of China, relating to Tel-One Backbone Network and Broadband Access Project being implemented by Tel-One (Private) Ltd. was concluded on the 1st day of December, 2015 in Harare, Zimbabwe; and

NOW THEREFORE, in terms of Section 327(3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved. 

 

Motion put and agreed to.

5. CONSIDERATION: General Laws Amendment Bill (H.B. 3B, 2015) as amended—The        Vice President and Minister of Justice, Legal and Parliamentary Affairs.

 Amendments in Clauses 1to 3, Parts XX, CVII, CIX, CXII, CXIII, CXIV, CXV, CXVI, CXVII, CXVIII and CXXVI, put and agreed to, and the Bill as amended, put and agreed to.

            Third reading—forthwith.

            Bill read a third time.

6. Bill returned to the National Assembly—

                                                                                                                     Date Returned               General Laws Amendment Bill (H.B. 3B, 2015)………………………..12th April, 2016

 

7. The Minister for Information Communication Technology, Postal and Courier Services, moved: That Notice of Motion No. 2, for today, stand over until Order of the Day No. 8 has been disposed of.

           Motion put and agreed to.

8. Adjourned debate on motion on the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) (Adjourned 5th April, 2016 –

Sen. Chief  Siansali))

[Days elapsed: 9]

           Question again proposed: That this House takes note of the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) held in Geneva, Switzerland, from 17-23 October, 2015- Hon Sen Chief Siansali

           On the motion of Hon. Sen Siansali, seconded by Hon. Sen Mlotshwa: Debate adjourned until tomorrow.

9. Adjourned debate on motion calling for the rehabilitation and maintenance of War Shrines (Adjourned 6th, April 2016 – Sen. Charumbira)

                                                                                                                        [Days elapsed:  10]

            Question again proposed: That this House—

NOTING with pride the immense sacrifice, courage and commitment made by the freedom fighters in their quest to liberate Zimbabwe;

ACKNOWLEDGING that the liberation of our country came at a heavy cost and needs to be selflessly and jealously guarded;

DISTURBED by the utter neglect and dilapidation and continued deterioration of War Shrines in neighbouring countries despite the fact that Government identified and made efforts to rehabilitate war shrines in Nyadzonia, Tembwe, Doroie; Chibawawa and

Nyango in Mozambique as well as Freedom Camp, Nyampundwe, Mulungushi, Mkushi and Kavalamaya in Zambia

CONCERNED that rehabilitation works have not been undertaken at Kabanga, Sinde, Solwezi in Zambia and other sites in Tanzania and Botswana.

FUTHER CONCERNED that to this day the bullet riddled home of His Excellency, the President and the home of the late Joshua Nkomo our founding Fathers have not been declared National Heritage Sites

Now, Therefore, this House calls upon Government to address the rehabilitation of our war shrines and to give due recognition to our departed brave sons and daughters of our liberation struggle. – Hon. Sen. Mohadi

 

             On the motion of the Minister of Health and Child Care: Debate adjourned until tomorrow.

 

10. Adjourned debate on motion to congratulate His Excellency, the President Cde. R.G. Mugabe and the Government of Zimbabwe on successfully leading the African Union (AU) and Southern African Development Community (SADC) as Chairperson.

(Adjourned 6th^, April, 2016 – Hon. Sen. Chief Charumbira)                                                         

 

[Days elapsed: 10]   Question again proposed: That this House—

CONGRATULATES His Excellency the President, Cde. Robert Gabriel Mugabe and the Government of the Republic of Zimbabwe for successfully leading the African Union as its Chairperson;

WARMLY APPRECIATES his distinguished leadership qualities during his tenure in Office, an achievement that has earned the Nation pride;

NOW THEREFORE, resolves that this House conveys its gratitude and sentiments to His Excellency and the Nation as a whole and wishes our President many more years of good leadership and wise counsel.- Hon. Sen. Chief Musarurwa

            On the motion of the Minister of Health and Child Care: Debate adjourned until tomorrow.

 

11. Adjourned debate on motion on the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum (Adjourned 6th April, 2016— Sen Chief Charumbira)

[Days elapsed: 10]

Question again proposed: That this House takes note of the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum, Sea Side Hotel and SPA, Swakopmund, Namibia, 17 to 25 November 2015. – Hon. Sen. Mohadi

           On the motion of the Minister of Health and Child Care: Debate adjourned until tomorrow.

12. Adjourned debate on motion on the role of traditional leaders (Adjourned 6th            April, 2016- Sen. Mawire)

[Days elapsed: 10]      Question again proposed: That this House-

ACKNOWLEDGING that Traditional Leaders play a pivotal role and yet they are not given the due respect that they deserve, a situation that has .led to many illegal activities perpetrated in their areas of jurisdiction;

CONCERNED that such disrespect for our Traditional Leaders has led to unwanted developments such as moral decadence, environmental degradation and child marriages;

NOW THEREFORE calls upon this Government to revisit policies that give Traditional Leaders their mandate so that they can effectively deal with issues of moral decadence, environmental pollution and degradation, children’s rights among communal communities as well as other incidental issues that they may fall under the purview of the Traditional Chiefs’ Mandate-Hon. Sen Mawire.

On the motion of the Minister of Health and Child Care: Debate adjourned until tomorrow.

13. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 6th April,

2016— Hon. Sen. Chief Charumbira)

[Time elapsed: 3 hours 39 minutes]

Question again proposed: That a respectful address be presented to the President of  Zimbabwe as follows: -

May it please you, Your Excellency, the President:

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Sen. Tawengwa.

On the motion of the Minister of Health and Child Care: Debate adjourned until tomorrow.

14. On the motion of the Minister of Health and Child Care: The Senate adjourned at eighteen minutes past three o’clock

1. MADZONGWE,

                                                                                                 President of the Senate.

 

 

WEDNESDAY, 13TH APRIL, 2016

 

             ORDERS OF THE DAY AND NOTICE OF MOTION

 

1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 12th April,

2016— The Minister of Health and Child Care.)

[Time elapsed: 3 hours 39 minutes]

 Question proposed: That a respectful address be presented to the President of  Zimbabwe as follows: -

May it please you, Your Excellency, the President:

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Sen. Tawengwa.

 

 

2. HON. SEN. NCUBE

       HON. SEN. SIBANDA  A.

             That this House:

COGNISANT that Parliament must defend the Constitution at all times;

ACKNOWLEDGING the current Executive had endeavored to align some of the Acts to the Constitution at a painstakingly slow pace;

DISMAYED that the current progress in the devolution of power at various levels may not see the dawn of a new day;

CONCERNED that no meaningful efforts have been embarked to ensure the constitutional requirements are met to devolve central power to the provinces particularly on local and the corporate governance issue;

ALARMED that the wishes of the general populace of Zimbabwe are short changed by such indifferent attitude by the Executive;

NOW THEREFORE, calls upon the Executive to;

• set a time limit for devolution issues to be urgently addressed for the benefit of the Nation
• commit itself to the dictates of our Constitution and observe that it is the Supreme Law of the land.
• set aside resources to carter for the devolution of power in the respective Provinces.

 

3. Adjourned debate on motion on the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) (Adjourned 12th April, 2016 –

Sen. Chief  Siansali))

[Days elapsed: 10]

           Question proposed: That this House takes note of the Zimbabwe Delegation Report on

 the 133rd Assembly of the Inter-Parliamentary Union (IPU) held in Geneva, Switzerland, from 17-23 October, 2015.- Hon Sen Chief Siansali

4. Adjourned debate on motion calling for rehabilitation and maintenance of War Shrines

(Adjourned 12th, April 2016 – The Minister of Health and Child Care) 

                                                                                                                        [Days elapsed:  11]

            Question proposed: That this House—

NOTING with pride the immense sacrifice, courage and commitment made by the freedom fighters in their quest to liberate Zimbabwe;

ACKNOWLEDGING that the liberation of our country came at a heavy cost and needs to be selflessly and jealously guarded;

DISTURBED by the utter neglect and dilapidation and continued deterioration of War Shrines in neighbouring countries despite the fact that Government identified and made efforts to rehabilitate war shrines in Nyadzonia, Tembwe, Doroie; Chibawawa and Nyango in Mozambique as well as Freedom Camp, Nyampundwe, Mulungushi, Mkushi and Kavalamaya in Zambia

CONCERNED that rehabilitation works have not been undertaken at Kabanga, Sinde, Solwezi in Zambia and other sites in Tanzania and Botswana.

FUTHER CONCERNED that to this day the bullet riddled home of His Excellency, the President and the home of the late Joshua Nkomo our founding Fathers have not been declared National Heritage Sites

Now, Therefore, this House calls upon Government to address the rehabilitation of our war shrines and to give due recognition to our departed brave sons and daughters of our liberation struggle. – Hon. Sen. Mohadi

 

5. Adjourned debate on motion to congratulate His Excellency, the President Cde. R.G. Mugabe and the Government of Zimbabwe on successfully leading the African Union

(AU) and Southern African Development Community (SADC) as Chairperson.

(Adjourned 12th^, April, 2016 – The Minister of Health and Child Care)

 

[Days elapsed: 11]   Question proposed: That this House—

CONGRATULATES His Excellency the President, Cde. Robert Gabriel Mugabe and the Government of the Republic of Zimbabwe for successfully leading the African Union as its Chairperson;

WARMLY APPRECIATES his distinguished leadership qualities during his tenure in Office, an achievement that has earned the Nation pride;

NOW THEREFORE, resolves that this House conveys its gratitude and sentiments to His Excellency and the Nation as a whole and wishes our President many more years of good leadership and wise counsel.- Hon. Sen. Chief Musarurwa

 

6. Adjourned debate on motion on the Zimbabwe Delegation Report on the 38th Plenary

Assembly of the SADC-Parliamentary Forum (Adjourned 12th^, April, 2016 – The Minister of Health and Child Care)

[Days elapsed: 11]

Question proposed: That this House takes note of the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum, Sea Side Hotel and SPA, Swakopmund, Namibia, 17 to 25 November 2015. – Hon. Sen. Mohadi

7. Adjourned debate on motion on the role of traditional leaders (Adjourned 12th^, April, 2016 – The Minister of Health and Child Care)

[Days elapsed: 11]  Question proposed: That this House-

ACKNOWLEDGING that Traditional Leaders play a pivotal role and yet they are not given the due respect that they deserve, a situation that has .led to many illegal activities perpetrated in their areas of jurisdiction;

CONCERNED that such disrespect for our Traditional Leaders has led to unwanted developments such as moral decadence, environmental degradation and child marriages;

NOW THEREFORE calls upon this Government to revisit policies that give Traditional Leaders their mandate so that they can effectively deal with issues of moral decadence, environmental pollution and degradation, children’s rights among communal communities as well as other incidental issues that they may fall under the purview of the Traditional Chiefs’ Mandate-Hon. Sen Mawire.

              

 

 

THURSDAY, 14 APRIL, 2016

 

 

QUESTIONS FOR ORAL ANSWER.

 

t QUESTIONS WITHOUT NOTICE.

 

              *    QUESTIONS WITH NOTICE.

*1.	HON. SEN. MAVHUNGA:  To ask the Minister of Environment Water and Climate to explain whether there are any measures the Ministry is instituting to protect human beings from being attacked by crocodiles in Mazowe River. [Deferred from 17th March, 2016]
*2.	HON. SEN. CARTER:  To ask the Minster of Lands and Rural Resettlement to provide figures of the number of hectares that are occupied by A1, A2 farmers and title deeds holders of the land previously owned by commercial farmers. [Deferred from 17th March, 2016]
*3.	HON. SEN. CARTER:  To ask the Minster of Lands and Rural Resettlement to confirm whether the land reform process has been completed so that farmers can confidently concentrate on agricultural production. [Deferred from 7th April, 2016]
*4	HON. SEN. MOHADI:  To ask the Minister of Lands and Rural Resettlement to give further explanation on how the 3 tier system works, and how the rental payments are made as many people share the grazing land [Deferred from 7th April, 2016]
*5.	HON. SEN. MOHADI: To ask the Minister of Lands and Rural Resettlement to state the policy in place regarding farmers who have title deeds but are not utilizing their land. [Deferred from 7th April, 2016]
*6.	HON. SEN. CHIMHINI:  To ask the Minister of Health and Child Care to explain the measures the Ministry has in place to ensure that every person who is on ART can have their viral load tested at no cost to the person living with HIV as a way of achieving the 90 – 90 – 90 by 2030.

[Deferred from 7th April, 2016]

*7.	HON. SEN. MUSAKA:  To ask the Minister of Rural Development and Preservation of Cultural Heritage to state the measures the Ministry is taking to address the problem of squatters in resettlement areas of Mhondoro – Ngezi and Sanyati Districts in view of the fact that the problem is now causing conflicts, environmental degradation and stifling economic development. [Deferred from 17th March, 2016]
*8.	HON. SEN. MUSAKA:  To ask the Minster of Rural Development and Preservation of Cultural Heritage to state the measures in place to urgently address settlement of disputes in accordance with traditional customs and culture. [Deferred from 17th March, 2016]
*9.	HON. SEN. CHIMHINI:  To ask the Minister of Finance and Economic Development to

explain the payment plan the Ministry has to clear its debts for services rendered by local Authorities to Government Ministries to enable them to improve service delivery and pay staff salaries.

                                                                                                [Deferred from 7th April, 2016]

*10.	HON. SEN. CHIMHINI:  To ask the Minister of Finance and Economic Development to state; (a)    How many jobs have been created since 2013, towards the target of 2 million jobs. (b)    Which sectors have performed well in the creation of the said jobs.                                                                                      [Deferred from 7th April, 2016]
*11.	HON. SEN. CHIMHINI:  To ask the Minister of Finance and Economic Development to: a)      explain reasons for the abandonment of the Chinaka Boarder Post in Honde Valley which was constructed in 2002 and since then has been deteriorating. b)      give the total cost of the infrastructure (the border post) and how government intends to recoup the funds spent on the project.
*12.	HON. SEN. SIBANDA B.:  To ask the Minister of Home Affairs to explain at what point

and under what circumstances a missing person is declared dead or presumed dead and the process of issuance of death certificate.

                                                                                                    [Deferred from 7th April, 2016]

*13      HON. SEN. CHIMHINI:  To ask the Minister of Primary and Secondary Education to:

• Explain the import of the Ministry’s instruction to schools to deposit all school levies into the School Service Fund (SSF) with immediate effect, which is a departure from previous regulations governing the handling of school development funds.

• To state whether parents were consulted, as custodians of the school levies.

• To explain how schools will access funds for expenses previously funded by school       development levies, which were not funded from the school service fund.

• To explain how the instruction will cater for staff previously employed by School Development Committees.

• To explain the 3% of the School Service Fund (SSF) to be deposited with Treasury and its purpose.

*14.	HON. SEN. MUSAKA:  To ask the Minister of Health and Child Care to state  plans the Ministry has for paediatric (children) diabetes to access state of the arts medication for free as is the case with the peadiatric HIV treatment.
*15	HON. SEN. B. SIBANDA: To ask the Minister of Transport and Infrastructural Development to; (a)   state how much it has cost the government to construct the Harare-Airport Road. (b)   explain the reason for the delays in completion of the same.
*16	HON. SEN. B. SIBANDA: To ask the Minister of Transport and Infrastructural Development to; (a)   explain why it has taken over 20 years to construct the Bulawayo-Nkayi-Gokwe  road. (b)   state whether the construction of the said road is a priority project or not.
*17.	HON. SEN. B. SIBANDA: To ask the Minister of Energy and Power Development to explain the government policy regarding compensation of people and livestock that are electrocuted by electricity cables that had fallen off.

___________________________________________________________________________ MEETINGS OF COMMITTEES

                 

 

Wednesday, 13th April, 2016

 

At 0900 hours in Committee Room No. 4.

Human Rights: Hon. Sen. Rtd Gen. Nyambuya M.-(Chairperson) Hon. Sen.  Buka F,  Hon. Sen. Carter M,  Hon. Sen. Charumbira Chief, Hon. Sen. Chimhini D.A, Hon. Sen. Chipanga T,

Hon. Sen. Chisunga Chief, Hon. Sen. Gampu IV Chief, Hon. Sen. Machingaifa T, Makone T, Hon. Sen. Makore J, Hon. Se. Makwarimba C, Hon. Sen., Hon. Sen. Maluleke O.  Hon. Sen. Manyeruke J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mtshane Chief, Hon. Sen. Muchenje V, Hon. Sen. Muronzi M, Hon. Sen. Musaka M.B, Hon. Sen. Nebiri Chief, Hon.

Sen. Ntabeni Chief, Hon. Sen. Nyangazonke Chief, Hon. Sen. Siansali Chief, Hon. Sen.

Sibanda B, Hon. Sen. Sinampande H. (Committee Clerk—Mr. S. Manhivi)

Thursday, 14th April, 2016

 

At 0900 hours in Committee Room 4.

 

Peace and Security: Hon. Sen.  Mumvuri D.D.E -  (Chairperson) Hon. Sen. Carter M,  Hon. Sen. Chabuka K., Hon.Sen. Charumbira Chief, Hon. Sen. Chiduku Chief, Hon. Sen. Chimbudzi A, Hon. Sen. Chipanga, Hon. Sen. Dandawa Chief, Gampu Chief, Hon. Sen. Hlalo M, Hon. Sen. Jadagu G.T, Hon. Sen. Komichi M, Hon. Sen. Machingaifa T, Hon. Sen. Makone T, Hon. Sen. Makore J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mohadi T.B, Hon. Sen. Musaka M.B, Hon. Sen. Musarurwa Chief, Hon. Ncube S., Hon. Sen. Nembire Chief, Hon. Sen. Ngungumbane Chief, Hon. Sen. Rtd Gen. Nyambuya M, Hon. Sen. Nyamukoho Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Sibanda A, Hon. Sen. Sinampande H.M, Hon. Sen. Timveos. (Committee Clerk—Mr. A. Kunzwa)

 

At 1000 hours in the Government Caucus Room.

Indigenisation and Empowerment: Hon. Sen.   Chizema M- (Chairperson), Hon. Sen. Bhebe M,   Hon. Sen. Bhobho  H. Hon. Sen. Chimanikire A, Hon. Sen. Chief Chitanga, Hon.  Sen.

Dandawa Chief,  Hon. Sen. Goto R, Hon. Sen. Juba A, Hon. Sen. Maluleke O. M, Hon. Sen.  Marozva Chief, Hon. Sen. Mashavakure N, Hon. Sen. Matiriira A,  Hon Sen. Mavhunga M, Hon. Sen. Mlotshwa S, Hon. Sen. Ndlovu J,  Hon. Sen. Chief Nembire, Hon. Sen.  Nyamukoho Chief, Hon. Sen.  Nyangazonke Chief, Hon. Sen. Nyathi R, Hon. Sen.Tawengwa C.Z.  (Committee Clerk—Mrs. E. Mafuruse)