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SENATE HANSARD 15 MAY 2024 VOL 33 NO 47
PARLIAMENT OF ZIMBABWE
Wednesday, 15th May, 2024
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY PRESIDENT OF SENATE
FAREWELL CATHOLIC SERVICE FOR MS. HELEN B. DINGANI
THE HON. DEPUTY PRESIDENT: I wish to remind Senate that there will be a farewell Catholic Service for Ms. Hellen Dingani on Thursday, 16th May 2024 at 1200 hours in the Special Committee Room Number One, following her appointment as the Ambassador to the Republic of Tanzania. All Members are invited and non-Catholics are welcome.
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: Let me remind Hon. Members once again to put your phones on silent or better still to switch them off.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF STATE FOR HARARE (HON. SEN. TAWENGWA): Thank you Mr. President. I move that Orders of the Day, Number 1 to 4 on today’s Order Paper be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
MOTION
REPORT OF THE NATIONAL PEACE AND RECONCILIATION
COMMISSION FOR THE YEAR 2023
Fifth Order read: Adjourned debate on motion on the Report of National Peace and Reconciliation Commission for the year 2023.
Question again proposed.
THE MINISTER OF STATE FOR HARARE (HON. SEN. TAWENGWA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024.
MOTION
REHABILITATION OF CENTRES FOR STREET KIDS
AND PROGRAMMES TO PROMOTE FAMILY
INTEGRATION
Sixth Order read: Adjourned debate on motion on the Plight of children on the streets.
Question again proposed.
HON. SEN TONGOGARA: I move that the debate do now adjourn.
HON. SEN. FANUEL: I second.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024.
MOTION
ENACTMENT OF A LEGAL FRAMEWORK FOR THE FUNCTIONALITY OF PROVINCIAL GOVERNMENTS
Seventh Order read: Adjourned debate on motion on the need to enact an enabling law for the functionality of the Provincial Government tier of Government.
HON. SEN. TSHABANGU: Thank you Mr. President. Allow me, before I make my presentation, to extend a warm greeting, warm, how do I call it in Ndebele. I am trying to figure the name in Ndebele. Just to congratulate women, all women to celebrate their day. This is a month for women, so we need to recognise them wherever they are in their spaces that we love you. We are what we are today because of you. We wish you well. - [HON. SENATORS, Hear, hear.] –
Mr. President, on 2nd day of May 2013, we were celebrating our birth, we were born again in Zimbabwe. We ushered a new Constitution by Zimbabweans and for Zimbabweans. We went right across the length and breadth of our spaces, canvassing, asking the communities through traditional leaders, churches, students, community leaders, opinion leaders, family units set ups and we came up with the Constitution. On this day, when every information was collected, Zimbabwe was born again. We said goodbye to the foreign constitution, to the foreign ideas and we said this is the new Zimbabwe. Inasmuch as we celebrated our independence in 1980, where Zimbabweans, regardless of their political persuasion, came together and celebrated that we are Zimbabweans, we are happy that we have achieved one-man-one-farm-one-vote, that was equally celebrated Mr. President, when we ushered this new Constitution that is governing this new Republic that I have become a Member of Senate, and I am proud to be in this new dispensation Mr. President. - [HON SENATORS: Hear, hear.] -
Mr. President, we have not, to date, implemented what we celebrated in 2013 that let us have the Provincial Council. We have not elected a framework to this date such that Provincial Governments can govern their affairs to this date Mr. President. I was a product of the Provincial Council in 2013, that was an old era of Zimbabwe but in 2013, I became one of the first in Matabeleland to represent the people of Matabeleland on paper and the five years elapsed without being sworn in. Those were the ills of the past Government. Those were the ills of the past regime. Fast forward Mr. President, in 2017, we saw the political dynamics, political change which we all celebrated that we were being suppressed by our own.
We were liberated when this dispensation was born and Mr. President, we are still talking about the implementation of that clause 164 which is very critical because it is the construction of a devolved Government. It is a construction of a new phenomenon which is going to ease the national Government, but to this date Mr. President, it has not been done. To this date, the Minister of Justice is still crafting from 2013, a framework such that it is going to usher the new Provincial Governments. Just take a leaf from our borders in South Africa, they manage their own affairs at provincial level. We really enjoy seeing people exercising and putting their potential as Provincial Governments, tapping the local talent at that Provincial Government and we admire, we envy to be in South Africa. History tells us that developing countries with this kind of set up develop, they really progress well. Mr. President, is this new dispensation afraid to promote a democratic, effective, transparent, accountable and coherent Government?
Is this new dispensation afraid to preserve and foster peace and national unity in Zimbabwe? Is this new dispensation afraid to recognise the right of communities to manage their own affairs and to develop their own communities? Is this new dispensation afraid to ensure equitable sharing of local and national resources? Is this new dispensation Mr. President, afraid to transfer responsibilities and resources in order to establish sound financial base for each provincial council and local authority? These are the questions that arise from this Constitution.
Mr. President, I am a product of devolution. I believe in devolution. Where I grew up, my mother and father devolved the power of authority in all our families, we experienced that. It cannot be winner take all Mr. President. Our Ministers in this second republic are shooting down the excellent vision of His Excellency so that he fails. He fails because he does not have adequate Ministers who are able to implement the Constitution. Vatotanga here maMinisters kurova bhora musango, because I do not believe that. I have seen his Excellency in each and every community. I never saw that under the previous regime. Today, he is accessible in Bulawayo, every day you will see the President there in Bulawayo, that means he believes in devolution. The previous President never slept in Bulawayo at State House because he never believed that Bulawayo was part of Zimbabwe, but His Excellency believes that Bulawayo, Marondera or Masvingo are part of Zimbabwe. Where is Comrade Ziyambi to enforce and make sure that his vision is going to see the day of light or vaita subbotage? Isusu tiripoka Mr. President kana President ashaiwa vanhu tiripo.
THE DEPUTY PRESIDENT OF SENATE: Order!
HON. SEN. TSHABANGU: I withdraw Mr. President.
THE DEPUTY PRESIDENT OF SENATE: No, no, no, you have not said anything but stick to one language.
HON. SEN. TSHABANGU: Look at the capacity, we have got traditional chiefs, we have got this Senate, they are capable to be ministers of this Government and implement the vision of His Excellency. We do not want this Government to fail. We are here to support it. We are here to differ in terms of ideas and ideology but when it comes to the national interests, we will support them. This is why we are here Mr. President.
I am here as the footprint of the late Joshua Nkomo. I am here as the footprint of the late Dumiso Dabengwa who believed totally in devolution. I am not going to rest until that vision and objective is achieved. I thank you.
HON. SEN. ZVIDZAI: I wish to wind up this motion. I wish to thank you for giving me this opportunity to wind up the motion on the need to enact a law to make sure provincial governments and sub national governments are fully functional in terms of the Constitution. In winding up this motion, I wish to thank the seconder of the motion Senator Rita Ndlovu, who ably seconded this motion and spoke very strongly around the need to devolve the governmental powers and she depicted this through the need to make sure that services are very close to the people, whether it is registration certificates, identity cards or passports. This was just putting that pictorially so that we all understood the need for devolution.
I also wish to thank very fervently Hon. Senator Gotora, who exhibited unparalled knowledge and understanding of what devolution is and what it can deliver to the nation. I thank you Senator for putting in certain angles that I personally, as well as the mover of the motion, was not too clear about. I understand there was a bit of contestations around whether devolution is now in place or not. Through the contribution of Hon. Senator Gotora, it was clear that we do not have devolution properly supported by the laws of this country. A lot of Senators on the other side believed that devolution is fully functional because there is what is called Devolution Funds to which it is clear that these funds are not going to sub national governments through a devolved process. It is basically a renaming of what we used to call Public Sector Investment Programmes (PSIP). It was not a devolution process. It is just Central Government transferring resources to sub national governments without the other concomitant requirements of devolution.
I also wish to thank Hon. Senator Phuti from Matabeleland South, who ably supported this motion which support I do appreciate very heartily. Thank you to Hon. Senator Mohadi for bringing in a different angle. We may have disagreed on whether it is devolution or not but at the end of the day, it is clear that across this House and among us all, there is no one person who is opposed to making sure that Government is interacting with the people at their level, to make sure that Government is closest to the people and to make sure that services are very close to the people. I did not hear any opposition to that feeling.
I also wish to thank other Senators whom I may not name individually, Hon. Senator Mlotshwa here, Hon. Senator Phulu, Hon. Senator Tshabangu who just put in new energy into the motion just now around devolution. Devolution is giving power to the people. It is making sure that you are devolving three key things. The first thing is political devolution where you give people the ability to choose who their political leadership is. This is happening very well. I am not talking about the beauty or ugly issues around certain aspects of our elections. I am talking about the principle that the people of Zimbabwe are allowed to choose their leaders at local level. That is devolution.
The second thing is fiscal devolution where sub national governments should be allowed to raise local taxes and make money, attract revenue streams, managing their own budgets and cooperating with Central Government but not master-servant relationship. You need administrative devolution where sub national governments can make their own laws at local level, they can employ their own staff, remunerate them as they see fit depending on their resource envelopes at the local levels. That is the devolution that we foresee when the law eventually comes in play.
I also wish to emphasise that even the President, in the parliamentary agenda for this period, has very strongly advocated for the enactment of devolution because indeed devolution is good government. Devolution is empowering. Devolution is good for us all.
With these remarks, I wish to move that this motion be adopted. Motion that this House:
WHEREAS the people of Zimbabwe voted overwhelmingly for the 2013 Constitution of Zimbabwe, emphatically pronouncing that they want a three-tier governmental structure which has a Central Government, Provincial Government and Local Authorities;
OBSERVING that the 2023 plebiscite was the third election after the consummation of the people-driven 2013 Constitution yet there is no enabling law for the functionality of the Provincial Government tier of Government;
CONCERNED that the elected Provincial Councils are unable to contribute to the national discourse notwithstanding the cost accompanying their election;
FURTHER CONCERNED that the delay in enacting a devolution law is not in line with the dictates of the constitution and delays equitable development across our provinces;
NOW THEREFORE implores that:
- This august House put pressure on the Executive to expedite the enactment of a legal framework for the functionality of Provincial Governments in line with Section 265 (3) of the Constitution of Zimbabwe; and
- That the 100 Provincial Councillors be sworn in, inducted and be enabled to participate in national development as envisaged by the Constitution, put and agreed to.
MOTION
ENACTMENT OF STRINGENT LAWS TO ADDRESS THE
PLIGHT OF WIDOWS
Eighth Order Read: Adjourned debate on motion on the plight of Zimbabwean widows who are routinely evicted from their homes by relatives.
Question again proposed.
HON. SEN. TSOMONDO: Hon. President, I move that the debate do now adjourm.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 16 May, 2024.
MOTION
PROGRAMME ON CLIMATE SMART AGRICULTURE
Nineth Order read: Adjourned debate on motion on the effects of Climate Change.
Question again proposed.
THE MINISTER OF STATE FOR HARARE (HON. SEN. TAWENGWA): Mr. President, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024.
MOTION
STRATEGIES TO MOBILISE RESOURCES FOR THE
NATIONAL CLEAN-UP CAMPAIGN
Tenth Order read: Adjourned debate on motion on the National Clean-Up Campaign.
Question again proposed.
HON. SEN. M. NCUBE: Thank you Mr. President. I would like to say a few words on the motion raised by Hon. Senator Mavenyengwa on the National Clean-Up Campaign. The National Clean-Up Campaign was pronounced by His Excellency the President in 2018. It was for a purpose Hon. President to make sure that as Zimbabwe, we get together towards cleaning up our environment. I am persuaded Hon. President to refer to Section 119 of the Constitution which talks about ensuring that all institutions of Government act constitutionally and to the national interest. This was brought to form at the weekend by the Speaker himself, the Speaker of Parliament. We now see when the Head of State pronounces a national programme which speaks to national public health, which speaks to sustaining our environment, some sections of our lower tiers of Government do not buy to the scheme. That was why Hon. Senator Mavenyengwa brought this as a motion to bring us all together on national objectives.
What is the mandate of local authorities regarding refuse removal? We see that some of the local authorities which are empowered in terms of the EMA Act and in terms of By-laws, have accumulated mountains of waste. They have gone against their own mandates. Look at the City of Harare, their vision is to be a first-class service provider and attract investment, but are they doing that? First-class services provider, what is a first-class service provider anyway? It is somebody who consistently and sustainably provides highly commendable service, and we see this is lacking. You move around and you find litter everywhere and the President of Zimbabwe has said just one day a month, the first Friday of every month, we should all get together just for two hours to clean up our surroundings.
Some amongst ourselves then turn around and say this is a Government programme and since it is one, it is a ZANU PF programme. I think we should differentiate between national programmes and party programmes. This is not a party programme. I know so because I come from the Midlands province. There are some Hon. Senators here from the Midlands Province and there are times when we congregate either in Kwekwe or Gweru on national clean up days and I have never seen some of the Senators who are here joining us particularly Hon. Senator Zvidzai – [Laughter.] – [HON. SEN. ZVIDZAI: Ah munonyepa.] -
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. A. DUBE): Order Hon. Senator Zvidzai, can you withdraw your statement. You must not use that language in the Upper House. Kunyepa kuUpper House, we do not do that.
HON. SEN. ZVIDZAI: I am at the dead end of the stick here and I have to withdraw, what do I have to withdraw?
THE TEMPORARY PRESIDENT OF SENATE : So, kunyepa in the Senate! No, we cannot use that language.
HON. SEN. ZVIDZAI: Because I have always joined them together with him to do clean ups, he is lying in this Senate.
THE TEMPORARY PRESIDENT OF SENATE : No kunyepa we cannot allow that.
HON. SEN. ZVIDZAI: Ari kunyepa uyo.
THE TEMPORARY PRESIDENT OF SENATE: I say can you withdraw your statement? Kunyepa hazviite, we can use another language better than that.
HON. SEN. ZVIDZAI: I would rather go out than to withdraw.
THE TEMPORARY PRESIDENT OF SENATE: You can go. You can leave the Senate if you want to leave.
HON. SEN. ZVIDZAI: But he is lying.
THE TEMPORARY PRESIDENT OF SENATE: Kunyepa no. We can use another language not kunyepa.
HON. SEN. ZVIDZAI: Are you happy with me saying he is lying?
THE TEMPORARY PRESIDENT OF SENATE: Kunyepa, we cannot use that language in the Senate.
Hon. Senator Zvidzai left the Senate.
HON. SEN. D. M. NCUBE: Thank you Madam President. It is very important that when there are national programmes, we should all be attuned to them and do our part. We need to encourage our constituents, regardless of our part affiliations, to participate in national programmes. The one particular issue which was raised by Hon. Mavenyengwa is to ensure that there is adequate funding for this important national programme so that we can cover every village, particularly those places which are urbanised. There are other people who like to travel to ensure that they participate in this national programme. So, funding is important, that I support.
On the overall, we can see that most local authorities are lacking in terms of commitment towards this national calling, particularly those local authorities that are in the hands of our counterparts. The management, do participate but the leadership is definitely lacking. Let us all work together and take national programmes seriously. With these few words, I thank you for allowing me to contribute to this important motion.
+HON. SEN. RICHARD NDLOVU: Thank you Madam President for giving me this opportunity to add my voice to the motion which was raised by Hon. Mavenyengwa. There is a saying in Ndebele that says as you move around, there is a lot that you can note of, especially the good things. You will then ask yourself whether you can get the same things in your own home or you ask whether in your community, you can also get the same things. Our President, His Excellency Dr. E. D. Mnangagwa, presented this that we should keep our environment clean.
We had ZITF in Bulawayo last month and we invited the President of Kenya as the guest to officially open the event. From Bulawayo Airport, we used Robert Mugabe way. You will come across vendors and so many dirty things and litter along the road. It portrays the nation as a nation that is not healthy conscious and that does not preserve the environment. Hence, I believe that is why the President thought of this noble cause to have a National Clean-up Day dedicated to clean the environment. It is saddening, however, that you will realise especially in our urban areas that most of the times, you find litter that is not being collected. It portrays this country as a country that does not prioritise cleanliness. We have visitors that come from different countries. I therefore urge that as representatives of the people; as Members of Parliament, we are all encouraged that we should all participate in this national clean-up campaign.
You will realise that when an environment is clean, we also reduce things like diseases. I grew up in Bulawayo, there were so many garbage collectors, especially in low density areas but it is saddening that we no longer have such collectors. We pay garbage collection fees to the city council but they do not collect the garbage. I am not sure whether the money that we pay for garbage collection is used for salaries since they do not collect. My wish is that all our urban areas should prioritise and also take into consideration that when residents are paying garbage collection fees, they should collect the garbage.
I implore this House that there is need to work as a team. There is no need to be a country that is always setting up investigations like what is happening currently. I wish this House should take this with the importance it deserves and also in advising our local authorities, members of our constituencies and our communities that we should always prioritise cleanliness. If there is so much litter in our surroundings, we realise that it causes so many diseases. Thank you.
+HON. SEN. MLOTSHWA: Thank you Madam President. I want to add my voice on this debate that was tabled by Hon. Sen. Mavenyengwa. I want to allude to the same thing in that litter in the country is not due to failure by local authorities. When we are saying there is problems in the country, these are some of the problems that we would be alluding to. I come from Maphisa township, which is in Matebeleland South. Litter that was seen in that town is not that it was introduced now. It was there even when that town council was being led by a specific party. What we need to do is that we should advice each other on what ways we should do to collect litter and not finger-point each other. I want to give an example; plastic is something that we can recycle. We should recycle such things. Hon. Sen. Ndlovu alluded to garbage that we can use as compost. People should be taught what it is that can be done to benefit us. Yes, it is litter but we can do something with it. For example, we can recycle plastics and do compost using garbage and we can resale that. There are so many farmers who need such compost for their vegetables. There are people that you can sell the compost to as well. Madam President, I think finger-pointing does not help. If you look at a province such as Bulawayo, revenue collection is one of the challenges. People do not have money which is an indicator that revenue is not paid properly. However, inasmuch as it is being paid properly, we had RTGs that was not being used properly. The introduction of ZiG also affects city councils. Most of us are being paid in the local currency and most people are having challenges to make the payments.
Madam President, we want those cabbages and we also want to stay in a clean environment. We should however have a proper way or a solution to avoid such litter. I grew up being taken care of by my mother’s sister. We used to sell cabbages in the market and it was a good thing. We need to encourage culture of cleanliness. Hon. Madam President, we used to sing songs that were encouraging us to practice cleanliness especially in schools when we were growing up. What I know is, it should be a culture that we should clean the environment where we are operating from. Even if we are travelling in the bus, we should encourage, for example if some buys a drink, whatever that they are buying whilst they are travelling, we should encourage people not to throw litter through the window. There should be a deterrent that is put that people should not throw litter all over. It has nothing to do with local authorities that someone has thrown litter all over. It means that person is not clean. I will also give an example of pampers that are used for our children. We should find a way of disposing pampers. We should teach people that we are staying with or people from our Constituencies how to dispose such. Another challenge that is there is that the local authorities where not prepared to have such a development. Hence, we have certain challenges in how to dispose certain litter.
Madam President, I did a survey and most of the times it is either water bottles or the nappy pants that are being used by children are all over. We should therefore find a way of separating the litter, for example, have a specific container where you put plastic, have a container where you put nappy pants. Yes, Clean Up Campaigns Madam President Ma’am for example, as an Opposition Member but I attend and do the cleaning. We have even other clean up campaigns that we do on our own. It is not a good idea that we should politicise Clean Up Campaign. It has nothing to do with where you are coming from. Everyone wants cleanliness, you want value to your shop; you want value to your home. If there is dirtiness around your shopping area, your place is not given a good status. For example, in Mapisa, we are failing to get a town status because of litter that is all over. Where we have influence Madam President, we should always talk to the people from our community to say litter is not good. However, we can turn that into good things. It is not good to finger-point, however there is a way of turning that litter into something that can benefit you like what I have alluded to.
HON. SEN. TSHABANGU: Madam President, my apologies. I wanted to speak in my language but I will not be able to coin some of the words, but I would really have loved Madam President, to use my language. With your indulgence, I will break my presentation in two languages.
THE TEMPORARY PRESIDENT OF SENATE: It is not allowed Hon. Senator. You can use one language in the House. If you want to use your own language use it.
HON. SEN. TSHABANGU: Alright Mr. President. The question to this important motion, we have to ask ourselves how do you rehabilitate a broken mind, how do you restore a broken soul, how do you rehabilitate a broken fabric of a society; a society that has lost dignity, a society that feels they have lost their identity, a society that feels they cannot be part of the progressive society? These are the fundamental questions in as much as we want to respond to this important motion. If we fail to answer those questions, we will still continue to have the soul searching without practical tangible solutions.
Madam President, during the rainy season, preparing for the tillage of land, a lot has to be done. The traditional leadership in our respective communities, in their spheres Madam President, take it upon themselves with communities that before the rains start, we need to make sure that we clean so that the heavens can bless us without any hinderance those trees which will be struck by lightning, there will be a process. It was not a question of really bringing them together but there is a traditional cleansing ceremony so that the good heavens can bless and see to it that we can harvest. Through the traditional leadership which is here, those processes are no longer happening in our communities. We have lost that fabric Madam President. They sit here, we respect them. They are no longer initiating these. What has gone wrong in our society. What has gone wrong in our communities. These play a fundamental role in terms of mindset.
The previous speaker, Madam President, spoke about littering. I spoke earlier about a dejected person’s broken soul. You find Madam President, you are in a bus, there is no bin and surely you cannot ask the President, the Head of State to do these things. You are in a bus, you board a bus, it is overloaded, there is no bin in that bus the litter you cannot throw it in the bus because it will produce maybe some different smells. So the only place that you know outside the bus is the virgin land because there are no laws Madam President. You will throw that in the land and that does not only endanger the traffic, or endanger the human life but it will endanger even the ecosystem. It endangers the wildlife. Many people have lost their cattle because the plastics that he spoke about endanger them and they are a poison to our cattle. The simple method, the operators for example in a bus - they should provide these bins. Failure of which, we should create a law that if a person throws litter through the window, he/she should not be penalised but the bus operator should be penalised for failure to provide the adequate services for me to use in that environment. So, as the legislative arm, these are some of the things that may change the society.
My learned friend spoke about Harare. He is a good friend of mine. When I was growing up, Harare was a sunshine-city but it was a filthy city but today it is one of the cleanest cities in Zimbabwe. You walk in the streets of Harare and there is a bin in each and every corner but that is not happening in Bulawayo where I come from. There are cleaners overnight cleaning the city of Harare. That is the culture which they have developed. At times when I walk, I want to throw litter. I usually drive with my colleagues to Bulawayo but on a lighter note, some of them are here and they will say can you open the window and we can throw the litter out and I always say no guys we cannot do that, let us look for a bin or a safe place because it is no longer in me to do so.
HON. SEN. PHULU: On a point of order Madam President. The Hon Member should withdraw because some of his friends are known.
HON. SEN. TSHABANGU: That is why I said on a lighter note. We need to point to each other and this is how we can build each other as a family and develop ourselves. Going back to my subject Madam President, we cannot really ask this Government of today without really looking up to ourselves. This Government cannot change our culture, we need to change our own beliefs. Ubuntu, it cannot be prescribed by the Government of the day but in our spaces Madam President, we can change this society for the better. Zimbabwe can be a better place to live. Zimbabwe can be cleaner than ever before if we change our attitude. If we change our mind set even today Madam President, a detainee who has served and who was incarcerated for about fifteen years, ten years, coming out from prison, he needs a rehabilitation process. So, for us to move from where we are today, we need that rehabilitation Madam President. When I was growing up, it was happening but these things are no longer happening but they are very important. When I grew up, when I was a five, six, seven years old and coming from school, you would see a hearse Madam President, you would either run away or you stood still. That is what we were taught by our parents and you let it pass. We were taught to respect those who have gone but it is no longer happening. We do not even respect the dead, how then am I going to respect someone who is next to me. Look at our traditional chiefs, there are senators here. I have never seen anybody from this House bowing to them.
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. DUBE): Order Hon. Senator. Can you stick to your debate?
HON. SEN. TSHABANGU: Madam President, I am sorry. This is why I wanted to use my own language but I withdraw. The message that I am trying to put across Madam President is that for us to move forward, we have the traditional leaders in this House. It means a lot but as Senators, we do not value their presence here.
HON. SEN. GOTORA: Madam President, on a point of order. I do not believe that the removal of waste in the streets has anything to do with the Chiefs. I do not also believe that for me to bow before a Chief has anything to do with waste collection. Why would Hon. Senator Tshabangu not stress points like people should not throw away litter through bus windows and the removal of litter at houses and so on. I thank you.
HON. SEN. TSHABANGU: I am talking about the culture, change of mind set. I am linking my presentation to the change of mind set and culture. So, you cannot streamline and reduce my presentation to litter throwing. What causes that is the mind set of an individual. I cited an example of a mindset. I am talking about the mindset. The reason why we have litter everywhere is because of the mindset. How do you change that mindset? You can only change it through what I have said now. If I do not recognise that there is a traditional chief today, I will not recognise that we need to live in a clean environment. I will not recognise that, that litter endangers the ecosystem and wildlife. It is broad Cde Madam President.
THE TEMPORARY PRESIDENT OF SENATE: There is no Cde here Senator. There are Hon Members.
HON. SEN. TSHABANGU: My father was a revolutionary. We took the comradeship from where we were taught about the struggle. My apologies. I am bringing in a different way of debate. I know it is not going to be understood instantly but as we move on, people will understand the theory that I am trying to project in this House. I am bringing in a different way of communication. I am bringing a different way of interacting. I am bringing in fresh ideas, not tired ideas. Senate is not going to be the same again. Senate is going to be different.
THE MINISTER OF STATE FOR HARARE PROVINCE (HON. SEN. TAVENGWA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024.
MOTION
ROAD SAFETY DURING THE FESTIVE SEASON
Eleventh Order read: Adjourn debate on motion on the successive road accidents on consecutive days in the month of November, 2023 countrywide.
Question again proposed.
HON. SEN. MLOTSHWA: The issue of road safety and curbing accidents which has been raised by this motion and been debated by fellow Hon. Members is serious and needs urgent attention. Allow me to close this motion by highlighting some critical and disturbing statistics that may show the seriousness of the matter. The ZIMSTAT statistics show that road traffic accidents and traffic deaths in Zimbabwe have been increasing rapidly since the year 2021. Between year 2020 and 2021, the number of road traffic accidents increased by 27.4% from 35 560 to 45 307. Similarly, the number of traffic accidents deaths increased from 1520 to 1885.
Then between the year 2021 and 2022, the number of accidents increased by 16.1% from 45 307 to 52 585 whilst the number of deaths also increased from 1885 to 2079. In the year 2023, it was recorded that there were 51 924 accidents and 2099 deaths. It is no wonder that the 2022 UN Economic Commission for Africa Report on Zimbabwe Road Safety Performance Review recorded that the Zimbabwean roads are the most unsafe in Southern Africa in terms of road crash mortality.
These accidents are not only having a serious knock on human life, but are also a serious drain on our economy. As of the year 2021, it was reported that Zimbabwe was losing 3% of its gross domestic product to road accidents and this was about US$406 million every year. This is money that could have gone to other productive sectors of the economy or that could have funded our critical social services such as education and health.
In conclusion, I recommend that:
Zimbabwe sign and ratify the African Road Safety Charter and participate in the new African Observatory for Road Safety. By becoming a contracting party to the Charter, Zimbabwe will advance the goals of the African Agenda 2063 for socio-economic transformation.
The Zimbabwe National Road Authority and the responsible minister move with speed to dualise all the country’s highways in order to reduce head-on collisions on our highways.
The Zimbabwe Republic Police traffic section increase patrols along the country’s highways before and after the festive season in order to curb the high rate of accidents on our roads.
The Vehicle Inspection Department goes out in full force and impound all unroadworthy vehicles that ply the country’s roads causing horrific accidents and loss of human lives.
The Treasury increase funding for the Road Safety Council in order to enhance their performance.
The Civil Protection Unit be developed and always on standby and ready to deal with accidents that may befall travellers during the festive season
All drivers responsibly and observe rules of the road in order to minimise the risks of road carnage during this festive season and at all times.
Motion that:
SADDENED by successive road accidents on consecutive days which claimed scores of lives in the month of November, 2023 countrywide;
CONCERNED that it has become a norm that each time the festive season approaches, horrific road traffic accidents increase leading to loss of lives;
DISMAYED that some of our citizens have become so accustomed to road carnages to the extent that they become insensitive and seem to have lost respect for the deceased as evidenced by photographs of ghastly accident scenes that they post and circulate on social media each time road carnages occur;
DISTURBED that remains of deceased are at times left uncovered in the open for long periods as if to confirm lack of sanctity and respect for the dead, a practice which is quite exogenous to our culture;
NOW, THEREFORE, implores that: -
- the Zimbabwe Republic Police increase patrols along the country`s highways before and after the festive season in order to curb the high rate of accidents on our roads;
- the Police ensure that body bags are timeously availed whenever fatal accidents occur so that dead bodies are not exposed to the public and in particular the children;
- the Vehicle Inspectorate Department goes out in full force and impound all unroadworthy vehicles that ply the country`s roads causing horrific accidents and loss of human lives;
- the Civil Protection Unit be always on standby and ready to deal with accidents that may befall travellers during the festive season; and
- all drivers should act responsibly and observe rules of the road in order to minimise the risks of road carnage, during this festive season and at all times, put and agreed to.
MOTION
REPORT OF THE DELEGATION ON THE ELECTION OBSERVATION MISSION TO RUSSIA
HON. SEN. TONGOGARA: I move the motion standing in my name that this House takes note of the Report of the Delegation on the Election Observation Mission to Russia on Russian Presidential Elections led by Hon. Shamu from 13th to 20th March, 2024.
HON. SEN. MAVENYENGWA: I second Madam President
HON. SEN. TONGOGARA: Thank you Madam President for giving me this opportunity. Honorable W. K. Shamu, Chairperson of the Parliamentary Portfolio Committee on Foreign Affairs and International Trade, spearheaded a Parliamentary Delegation on an election observation mission to the Russian Federation from 13th to 20th March, 2024. The visit was initiated following an invitation extended by the Federation Council, and the State Duma of the Federal Assembly of the Russian Federation to the Parliament of Zimbabwe. This endeavour serves to strengthen the bond between the two sisterly legislative bodies and promotes the progression of Parliamentary Diplomacy. The initiative is in alignment with the nation's foreign policy objectives, which aim to foster relationships with the international community, hence adhering to the engagement and re-engagement agenda, further strengthening our diplomatic ties.
The Chairperson’s delegation comprised of the following
Members,
Hon. Mercy Mugomo- Member, Foreign Affairs Committee
Hon. Caleb Makwiranzou- Member, Foreign Affairs Committee
Hon. Sen. Angeline Kumbirai Tongogara- Chairperson, Thematic Committee on HIV and AIDS; Hon. Sen. Robson Mavenyengwa- Chairperson, Thematic Committee on Human Rights, and
The delegation observed Russian Presidential Elections held from 15 to 17 March, 2024. Its mandate was governed by the guidelines set forth by the Central Election Commission, a counterpart organisation to the Zimbabwe Electoral Commission.
LEGAL FRAMWORK AND VOTING IN THE RUSSIAN FEDERATION
The Russian Federation's election legal framework includes the Constitution, establishing a basis for credible elections through citizens' rights and obligations, and Federal Laws, providing detailed guidelines on election management. Article 3.3 of the Constitution of the Russian Federation notes that the supreme direct expression of the power of the people shall be expressed through referenda and free elections.
In accordance with the Constitution of the Russian Confederation, the Federation Council of the Federal Assembly of the Russian Federation, by Resolution No. 678-SF of 7 December 2023, scheduled the election of the President of the Russian Federation for 17 March 2024. The CEC decided to conduct voting over a period of three consecutive days, namely 15, 16, and 17 March 2024 with polling commencing at 0800 hours and concluding at 2000 hours each day. The decision to have a three-day polling period was made by the CEC after thorough consultations with the electorate. The majority of respondents supported this option as it offers greater flexibility for voting and has the potential to increase voter turnout rates.
The President of the Russian Federation is elected every six years
through universal, equal, and direct secret ballot (Constitution Article 81.1). The President has a six-year term renewable once. To be eligible for the Presidency election, candidates must be at least 35 years old and should ordinarily have been resident in Russia for a minimum of 25 years.
Additionally, candidates must not have foreign citizenship or
residence permit in a foreign country, neither at the time of the election
nor at any time in the past. Previous legislation expected presidential
candidates to belong to a political party, however this requirement was
removed by a 2020 Constitutional amendment to allow independent
candidates to contest. Party candidates must have a minimum of
100,000 nominators while an independent candidate must have a
minimum of 300,000 nominators to be considered by the CEC.
The current President, His Excellency Vladimir Putin, competed
against the Communist Party’s Nikolai Kharitonov, Leonid Slutsky of
the Liberal Democratic Party, and Vladislav Davankov of the New
People Party, as illustrated in Table 1.
Table 1: 2024 Presidential Candidates for the Russian Federation
|
Candidate name |
Age |
Political Party |
|
1. Vladislav Davankov |
40 years |
New People Party |
|
2. Vladimir Putin |
71 years |
Independent candidate |
|
3. Leonid Slutsky |
56 years |
Liberal Democratic Party |
|
4. Nikolay Kharitonov |
75 years |
Communist Party |
Russia has fully harnessed the use of technology and digitalised its
voting system. The country utilises Electronic Voting Systems (online
voting) through the internet portal of the Central Election
Commission, a sub system of the State Automated System of the
Russian Federation, “VYBORY”. The SAS “Vybory” has fourteen
subsystems, providing automation of all stages of the election process.
The system is completely autonomous from the global internet and
securely protected from any external influence. Data is fed into the SAS
“Vybory” internet portal through an air gap that excludes direct
connection to the internet. Additionally, more than 3 500 specialists
who regularly upgrade their qualifications in specialised areas ensure
the uninterrupted operation of the SAS “Vybory” across Russia. It is
interesting to note that the use, operationalisation and modernisation of
the SAS, Vybory is provided for by the Federal Information Centre at
the Central Election Commission of the Russian Federation.
The automation of electoral processes increased efficiency,
reduced costs, makes the voting process more accessible to all
Russian citizens. It contains and processes information on election commissions, election campaigns, participating candidates and parties, election funds, complaints and appeals received and the number of citizens voting in an election.
The portal provides an opportunity to view the data of protocols of
each of the hundreds of thousands of Precinct Election Commissions.
The portal has services that allow users to get information on
polling stations where they are included, location of polling stations,
candidates and parties participating in elections and the results of the
election.
The Voter Register, one of the major subsystems of the SAS,
Vybory contains a constantly updated database of all voters in Russia.
This subsystem generates voter lists, including applications for mobile
Voting, and voting outside the polling station/remote voting. As of 1
January 2024, the total number of voters within the borders of the
Russian Federation was 112,309,947, while the number of voters
registered outside the Russian Federation was 1,890,863.
It is noteworthy that in order to cater for citizens who advocate for
casting votes through ballots as a secure and transparent method, the Russian Federation has continued to uphold the implementation of traditional paper-based voting systems. Subsequently, polling stations have the necessary equipment for both E-Voting and conventional voting methods. This arrangement allows candidates to exercise their right to vote through a method of their preference. This approach improves the overall efficiency, fairness, and representation in elections.
Voting at the election of the President of the Russian Federation
was held at 94 000 polling stations. Additional opportunities were
provided for the realisation of the active suffrage of citizens of the
Russian Federation, which included remote electronic voting and voting
outside the voting premises.
In Russia, voters are afforded the opportunity to exercise their
voting rights remotely through the "Mobile Voter" technology. This
allows voters to request inclusion in the voter list at any polling station,
irrespective of their current location, and to cast their ballot at a
convenient polling station, regardless of their registered place of
residence.
The option of voting outside of the designated polling premises,
commonly referred to as voting at home, is granted to individuals who are unable to physically attend their designated polling station on election days due to valid reasons such as illness, disability, caregiving responsibilities, or other legitimate circumstances. To qualify as an eligible home voter, individuals must formally apply to the Precinct Election Commission by means of a written request, verbal communication (via telephone), or the submission of a request through trusted relatives or acquaintances.
Individuals with special needs and conditions are able to exercise
their electoral rights in the Russian Federation due to the
implementation of social policies aimed at ensuring that all public
infrastructure facilities are accessible. Polling stations are equipped with
specialised equipment and information materials to facilitate voting for
individuals with special needs. Sign language interpreters are provided
on voting days, and volunteers offer comprehensive assistance to voters
with special needs. Additionally, the utilisation of Mobile Voter
technology allows individuals with special needs to pre-register for
inclusion in the voter list at the most convenient polling station.
Importantly, a significant majority of voting precincts, specifically 90%,
are situated on the ground floors of buildings for easier access.
The voting, counting, and result-establishing process is
documented through the use of video surveillance and recording. These
recordings serve as a means for candidates and political parties to defend
their interests in the event of complaints submitted to election
commissions and courts. The retention period for video recordings is a
minimum of one year from the official publication date of election
results.
Vote counting is conducted through the utilisation of sophisticated
Ballot Processing Complexes (BPCs). These are automated tools for counting of votes, collection of paper ballots and printing of the final report of the Precinct Election Commission, as well as its duplicates. Stakeholders involved in the electoral process hold these BPCs in high regard. Most importantly, the results are known in just a few minutes, as the processing of ballots, checking of control and other ratios of the protocol data is automated.
OBSERVATIONS ON ELECTION DAYS (15-17 MARCH 2024)
The Delegation observed the election process at seven polling
stations, five in the Central administrative district of Moscow and two
in Kankova region. All polling stations operated from 8am to 8pm for
the duration of the election period. They were situated on the ground
floor of existing facilities like schools, libraries, and public buildings for
easy access.
Each polling station displayed posters introducing candidates in the
order specified in Table 1. Furthermore, posters detailing regulations for
voters and observers were also present. These posters provided a
summary of electoral laws and regulations, as well as penalties for any
violations.
The polling stations were uniformly equipped with voting
materials and equipment for E-Voting, conventional voting, and voting
at home. Additionally, they were furnished with portable, mobile
digitalised electronic devices and ballot boxes to accommodate voters
wishing to cast their votes from home or at locations outside of
designated polling stations.
Electronic voting was accessible to all registered voters via a
website, accessible through the CEC online portal on laptops and
Smartphones. Voters simply log in on the portal and cast their vote by
clicking on their preferred candidate. At polling stations, online voting
was done through a digital online booth. The voting process begins with
the electronic scanning of the voter's identification document, followed
by selecting their preferred candidate.
All visited polling stations had high-resolution video surveillance
cameras and security personnel stationed nearby for added security.
Media outlets provided objective and balanced reporting on
elections, helping to ensure voters have access to fair and accurate
information.
The electoral process in Russia was comprehensive and facilitated
participation of all citizens wishing to vote. The CEC implemented
measures to enable citizens living abroad, those away from their
registered location, individuals wishing to vote outside polling stations,
and residents of remote areas to cast their votes.
Electronic voting was favoured by the youth demographic, while the elderly population preferred manual voting. There was a notable presence of elderly women voting manually at polling stations compared to other demographic groups.
The election environment was peaceful, with fair and impartial
procedures being upheld throughout the process.
LESSONS LEARNT
The conduct of elections in the Russian Federation reflected a
harmonious relationship between different political parties,
communities and interest groups, fostering a sense of unity and
cooperation among citizens.
Russian citizens are patriotic and trust their democratic institutions,
namely, the Central Elections Commission and law enforcement
agencies. They facilitate fair and transparent electoral process.
The Russian Federation strategically leverages electoral events to
showcase itself as a leading tourist destination. International observers
were afforded the chance to explore the distinctiveness of Russia and its
prominent tourist sites through a virtual reality presentation at the
Zaryadye Park media centre. Additionally, international observers were
escorted on guided bus excursions around the city of Moscow and had
the opportunity to visit the museums inside the Kremlin.
THE ZIMBABWEAN MISSION IN RUSSIA
The delegation capitalised on the EOM to conduct a
comprehensive assessment of operations at our embassy in Moscow. A
number of operational shortcomings were identified, encompassing
understaffing, a fleet of vehicles not meeting recognised diplomatic
standards and a reliance on leased premises.
Staffing levels at the embassy are currently below optimal
capacity, especially in key positions such as those of second Counsellor,
Trade Attaché, and Tourism Attaché. The vehicular assets at the
embassy are also lacking, with three vehicles present, but only one
in reliably functioning condition, a five-year-old BMW. Additionally,
the Ambassador's vehicle, procured eight years ago, is presently out of
commission. In light of these findings, it is imperative that immediate
steps be taken by the Ministry of Foreign Affairs and International Trade
to address the identified deficiencies and reinforce the operational
capacity of the embassy in Moscow.
RECOMMENDATIONS
The Zimbabwe Electoral Commission should conduct a thorough
research on the electoral system utilised by the Central Elections
Commission of the Russian Federation with a view to adopt the same for
Zimbabwe’s next elections by 31 December 2024.
The Ministries of Foreign Affairs and International Trade, and
Local Government and Public Works should liaise with their Russian
counterparts on a potential land swap deal for the construction of
Zimbabwe’s embassy in Moscow by June 2025.
The Ministry of Foreign Affairs and International Trade should
appoint a second Counsellor, Trade Attaché, and Tourism Attaché at the
mission in Moscow by 31 December 2024.
The Ministry of Foreign Affairs and International Trade should
acquire a new vehicle for the Zimbabwean Ambassador in Moscow and,
possibly upgrade the current vehicle fleet at the mission by June 2025.
CONCLUSION
The 2024 Presidential elections in the Russian Federation were
conducted in a peaceful and transparent manner, embodying the core principles of democracy. The successful utilisation of advanced technological tools for voting underscored a significant advancement in democratic processes amidst the era of artificial intelligence. This seamless amalgamation of technology with electoral procedures serves as a benchmark for other nations aspiring to champion democratic norms and foster transparent electoral outcomes. The elections not only underscored Russia's dedication to democratic ideals and good governance but also established a new and exemplary standard for future electoral endeavours, especially the Presidential vote. I thank you.
HON. SEN. TONGOGARA: Madam President, I move that the debate do now adjourn.
HON. SEN. FANUEL: I second.
Motion put and agreed to.
Debate to resume: Thursday 16th May 2024.
MOTION
MOBILE BIRTH REGISTRATION EXERCISE
HON. SEN RICHARD NDLOVU: I move the motion standing in my name that this House:
ACKNOWLEDGING the challenges faced by the population living in the border areas of the country on the issuance of birth certificates by the Registrar General’s department;
COGNISANT that a birth certificate is an essential document in the lives of the citizens as it provides all necessary information required when it comes to history, nationality identification of the people;
AWARE that a birth certificate is an integral record on issues of inheritance administration and welfare matters;15
CONCERNED that those living in border areas find it extremely difficult to secure birth certificates owing to inaccessible roads and their proximity to neighboring countries where communities inter marry and end up losing their true identities when their parents pass on.
NOW THEREFORE, calls upon the Ministry of Home Affairs and Cultural Heritage to conduct extensive mobile birth registrations exercises in affected areas of the country to mitigate these challenges.
HON. SEN. FANUEL: I second.
HON. SEN RICHARD NDLOVU: Thank you Madam President for giving me the liberty to raise my concerns pertaining to the challenges faced by people living in border areas in getting birth certificates from the department of the Registrar General under the Ministry of Home Affairs. While there are no specific recent statistics available on the exact number of individuals failing to get birth certificates, it is estimated that a significant portion of the population living in border areas do not have birth certificates. This challenge is more rampant in border areas like Mapolisa, Brunapeg, Bulilima, Plumtree and Mangwe in Matabeleland South and along the Eastern border areas of Zimbabwe, mainly Honde, Checheche, Malipati, Chibuwe and Boli. People in these areas migrate out or into Zimbabwe and as they do so, they inter-marry, bear children and when they try to register the newly born babies, they fail to meet the requirements outlined in the Birth and Deaths Registration Act Chapter 5:02, which strictly require that a birth certificate can only be issued to a child born by parents with National I.Ds. Therefore second, third and fourth generations of children born by parents who initially do not have identification documents cannot get birth certificates. Again, these areas are in remote areas far away from the Registrar’s Offices, huge transport costs will discourage seeking birth certificates.
Madam President, a birth certificate is a foundational document which is of paramount importance to the social, economic and political development of a human being. Firstly, it gives a distinct name to a person for identification. It is where other important documents like national identity cards, travelling documents like passports and temporary travelling documents (TTDs) are issued. A birth certificate is required when registering to write grade seven examinations. On participation in the national voting process (to exercise the constitutional right to vote). One has to have a valid national identity card. For one to do economic transactions like ecocash or opening bank accounts, one has to have a valid national identity card. For one to get social assistance, there is need for a valid national identity card and even for a dead person to get a death certificate, first he/she should have an identity card. For one to inherit, one has to have a valid national identity card. For one to have this crucial valid national identity card, he/she should first get a birth certificate since according to the Births and Deaths Registration Act Chapter 5:02, a national identity card will only be issued to a person with a birth certificate.
Madam President, the nation of Zimbabwe is guided by His Excellence Cde Dr. E. D Mnangagwa’s mantra “leaving no-one and no place behind” and Vision 2030 of an Upper Middle-Income Society. Hence the challenges faced by people in border areas, mainly on borders between Zimbabwe and countries like Botswana and Mozambique in getting birth certificates denies these people their constitutional right outlined in the Constitution on Section 81 (1)(b)(c)(i, ii),leaving them stateless. This will exclude them from actively participating in the socio-economic affairs of their beloved country, Zimbabwe.
Madam President, Despite the challenges faced by people living in border areas in getting birth certificates, there are various positive developments and initiatives that have been done by the Government of Zimbabwe through the Civil Registry Department. The Government has established to date 282 civil registration centres of which 219 are in rural and 63 are in urban areas. This has improved access to these birth certificate issuing centres.
Furthermore, the Government availed resources, more staff and more tools of trade for the Civil Registry Department to successfully conduct periodic mobile registration blitz with birth certificates issued for free. This has brought the Civil Registry Offices closer to the people especially those rural remote areas.
Despite all these efforts, it is glaring evident that much still needs to be done to mitigate the challenges faced by people living in border areas in getting birth certificates.
I therefore call upon the House to amend the Birth and Deaths Registration Act so as to eliminate the current hurdles met when one is applying for a birth certificate in order to fulfill constitutional provisions in particular Section 81 of the Constitution.
I also call upon the Minister of Home Affairs to come up with a Statutory Instrument mainly for specified border areas where the challenge of undocumented parents is rampant that relaxes the requirements to get a birth certificate.
The Government, through the Ministry of Finance and Economic Development, to avail to the Civil Registry Department, more financial resources and several all-terrain vehicles to do mobile birth registration programmes in those remote border areas. I thank you.
HON. SEN. RICHARD NDLOVU: I move that the debate do now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 16th May 2024
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourteen Order read: Adjourned debate on the motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024
MOTION
REPORT OF THE DELEGATION TO THE 80TH SESSION OF THE EXECUTIVE COMMITTEE AND THE 45TH CONFERENCE OF APU HELD IN COTE D’IVOIRE
Fifteenth Order read: Adjourned debate on motion of the Report of the Delegation to the 80th Session of the Executive Committee and 45th Conference of the African Parliamentary Union
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 16th May, 2024
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. TONGOGARA, the Senate adjourned at Twenty-Two Minutes to Five o’clock. p.m.