PARLIAMENT OF ZIMBABWE
Thursday, 30th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE ACTING. SPEAKER in the Chair)
*HON. MPARIWA: This is the month we commemorate women, so I want to start by congratulating Hon. Speaker for sailing through the primary elections. We hope you will also excel during the forthcoming general elections.
My point of national interest regards girl-children who were receiving sanitary pads from the Ministry of Public Service and Ministry of Primary and Secondary Education. The problem is there seems to be a shortage of the pads and some of the young girls in the rural areas are now using cow dung and sadza. I really wanted to ask the Minister about this issue yesterday but unfortunately the substantive Minister was not around. How can we then assist to ensure the free provision of sanitary pads to the girl-child in rural areas and to continue to ensure that the dignity and self-confidence of the girl-child is maintained?
*THE ACTING SPEAKER (HON. DR. MAVETERA): I think that issue is under the purview of the Minister of Primary and Secondary Education. It is important that the Minister comes to this House and explain to this august House the Government plan or policy. Is your request for a Ministerial Statement or what?
*HON. MPARIWA: Yes, Madam Speaker, may the Minister come and explain to us their plan with regards to ensuring that this programme continues. Indeed, I also request that all these relevant ministries should be involved in addressing this issue so that we know their plan going forward in terms of sourcing for funding. I know you are also a member of the Pan-African Parliament and we do not want to be an embarrassment. We want to restore the dignity of the girl-child.
*THE ACTING SPEAKER: I believe the Minister of Education will bring that Ministerial Statement because it is very important.
*HON. TOGAREPI: I rise on a point of national interest. Looking at the rain pattern in this country, this season I visited several places which were holding field days and saw a lot of success in terms of agriculture. My plea is, can Government start preparing right now where the farmers will sell their produce and how they can safely keep the grain before it is procured by middlemen who reap off farmers. I would be very glad if the Minister of Agriculture can give us a plan on what they are going to do in terms of procuring this produce in terms of the buying price instead of letting unscrupulous dealers purchase all the grain and leave people starving. May the Minister of Agriculture come and explain, and give us the producer price or has the Minister done so already. That is very important for the farmer to be able to plan for next season as well as ensuring that they get adequate funding to proceed with their business. It is very important for Government to safeguard this yield and it is a very plausible thing that we got such a good yield.
HON. NDUNA: My point of national interest is as identified and defined by the Auditor-General in the Auditor-General’s Report, in particular in 2019, 2020 and 2021. Yours truly chairs the sub-Committee on Public Accounts on Local Authorities. With the pace at which we are moving, I do not see us tabling the report before close of this session. Therefore, I make a clarion call that if it pleases you, if we can get the Minister of Local Government and Minister of Finance to come to this House and say how they are going to mitigate the issue of the deficit of water.
According to the Auditor-General’s Report, more than 50% of water is none revenue water and there is less than 20% water provision in local authorities where there is a deficit in terms of water treatment at the treatment, where there are clarifiers and sedimenters before the water is churned out to the residents. Would it please you to get the Minister of Finance and the Minister of Local Government and National Housing to come into this House and maybe share with this House or even give a Ministerial Statement as to how to augment and complement the current clarifiers and sedimenters which formulate part of the water treatment plant in order that there is optimum water that is produced for the betterment and good order of the citizens.
Where I come from, there is supposed to be 22 mega litres that are supposed to be consumed but there are less than 10 mega litres that are treated. What then gets to the end user is three mega litres because of a disused and deplorable state of the infrastructure and the deficit in terms of the water treatment. This is quite urgent, just and right for the people to get clean and potable drinking water through the rejuvenation and rehabilitation of and augmentation of our water treatment plants. I pray.
THE ACTING SPEAKER: Thank you very much Hon. Nduna, we are going to refer it to the Ministry of Local Government and I am sure if ever there are any cases that need to be referred to the Ministry of Finance, they would then be able to follow suit. We will ask the Minister of Local Government to bring a Ministerial Statement to that effect.
*HON. MUSHORIWA: Thank you for giving me this opportunity to raise this matter of national importance. Hon. Speaker, the last few days, the Deputy Chief Secretary and Presidential spokesperson Mr. George Charamba issued a chilling threat to the media fraternity in respect to the exposé of the Aljazeera gold issues...
HON. TOGAREPI: The Presidential spokesperson is not in Parliament, so let us not talk about what we see on social media in this House.
HON. MUSHORIWA: Madam Speaker, some of the warnings that have been given to the media fraternity reminds us of the warning that was given by the then Minister of Information, one Jonathan Moyo, which resulted in the bombing of The Daily News. Yesterday, we were waiting for the Minister of Information and Publicity but unfortunately, she did not come in. Our view is that this is an important issue and a matter that shall make Zimbabwe to be painted black. We want the relevant Minister to come before this august House and explain whether or not our own government is now no longer committed to the freedom of press. What has happened is actually a threat of the highest magnitude and that is why the Minister should come to this House and give us a statement.
THE ACTING SPEAKER: Order Hon. Mushoriwa, please may you pose your question to the Hon. Minister when he comes.
*HON. MADZIMURE: Thank you Madam Speaker, the issue that I have is very important here in Zimbabwe. Most people survive through buying and selling, especially those people in Magaba. There is nothing else that can make them survive besides buying and selling. I want to talk about the main road coming from town through Magaba going towards Remembrance Drive. That road has been closed for eight months and there is no explanation why it is closed. Everyday there are police officers waiting to enforce closure of that road and this is causing a lot of congestion. There is a council workshop inside that area and people cannot access that workshop because of the closure. Nothing is happening on that road. It is not even being repaired or maintained. If you pass through that road you smell teargas and at times if you are unfortunate you see people running away from teargas canisters. No-one knows why that road is closed but speculations are that maybe allocation of stands in Mupedzanhamo market could be the problem. So, there is no clear explanation to date. What is most painful is that we have not dedicated the police to arrest thugs and thieves harassing and stealing from people as well as those involved in corrupt activities but we can afford to dedicate about 20 officers on that closed road.
Parliament passes the Home Affairs budget so that they can use the funds to protect the country. I appeal to you Madam Speaker to have the Minister of Local Government here and give us a ministerial statement pertaining to that issue. - [HON.TOGAREPI: Inaudible interjection.]- Hon. Togarepi, that is why you nearly lost your constituency because your interjections are not reasonable.
THE ACTING SPEAKER: Hon. Madzimure, please stick to the issue you are debating on. We do not jest with each other when we are in this House.
HON. MADZIMURE: Thank you Madam Speaker. I implore the Minister of Local Government to come and explain why this major road is closed. It causes congestion when going in and out of town. People are now using longer routes because of this closure and cars are even using a one-way road as if it is a two-way road to try and get to Magaba where most of our entrepreneurs are housed. I am sure you are aware that on a daily basis, about $10 million dollars exchange hands in Magaba; it is a major economic hub of this country. So we need to take proper care of that place as all entrepreneurship starts there. All the equipment that we use is made and found in Magaba. If there is anything that needs to be fixed, let it be done. If it is council’s mandate, the Minister should speak to council to fix things. We cannot call councillors or the Mayor into this House. I thank you.
THE ACTING SPEAKER: Thank you Hon. Member. We will ask the Minister to come and give an explanation to the House.
HON. S. SITHOLE: Madam Speaker, my plea is for the Hon. Minister of Lands to come and address this House on the criteria used to give people the hectarage that they have. I understand the concept of one man one farm but if you look at Open Chemise farm, it is 65 000 ha yet people are struggling to have farms and land. I have 140 ha and there is no reason why after 43 years of independence, we should have one person with such a large hectarage. Can the Minister please come and give us an explanation on that issue? I thank you.
THE ACTING SPEAKER: Hon. Sithole, this is a specific question specific to the 65 000ha farm, may you put it in writing and send it to Papers Office so that it is put on the Questions With Notice.
HON. S. SITHOLE: The Minister must come and tell us those who are having more than even that number of hectares.
THE ACTING SPEAKER: You should put it in writing since it is a specific question, which needs more detail and research on it. Send it to Papers Office and it is put on the Questions With Notice.
HON. S. SITHOLE: Thank you Madam Speaker.
MOTION
BUSINESS OF THE HOUSE
HON. TOGAREPI: Madam Speaker, I move that Orders of the Day, Numbers 1 to 13 be stood over until Order of the Day, Number 14 has been disposed of.
HON. MPARIWA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PORTFOLIO COMMITTEE ON DEFENCE, HOME AFFAIRS AND SECURITY SERVICES ON THE BENCHMARK VISIT TO NAMIBIA ON WELFARE OF VETERANS OF THE LIBERATION STRUGGLE
HON. NGULUVHE: Madam Speaker, I move the motion standing in my name that this House takes note of Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Benchmark visit to Namibia on welfare of veterans of the liberation struggle from 18th to 24th September, 2022.
HON. NDUNA: I second.
HON. NGULUVHE:
1.0 Introduction
1.1 The Portfolio Committee on Defense, Home Affairs and Security Services conducted a benchmarking visit to Namibia from the 18th to the 24th of September 2022. The purpose of the benchmark visit was largely to understand the laws and institutions in place to address the welfare of veterans of the liberation struggle in Namibia. Furthermore, the benchmark visit sought to appreciate the challenges, benefits and empowerment programmes in place for veterans of the liberation struggle in Namibia as well as learn best practices that can be adopted for the Zimbabwean situation. The Zimbabwean delegation comprised of the following: Hon Levi Mayihlome, Chairperson; Hon Lindani Moyo; Hon Annah Rungani; Hon Jonah Sewera; Hon Sicelesile Mahlangu; Hon Joseph Chinotimba; Hon Sonny Mguni; Hon Albert Nguluvhe; Mr. Pensel Marunga, Committee Clerk and Ms. Angeline Gutu, Committee Researcher,
2.0 Methodology
2.1 The delegation engaged the following stakeholders; Hon Professor Loide Kasingo, Deputy Speaker of the Parliament of Namibia; Hon Leevi Katoma, Chairperson of the Parliamentary Standing Committee on Foreign Affairs, Defence and Security, Hon Members of the Standing Committee Defence and Security of the National Assembly of Namibia; Hon Hilma Nicanor, Deputy Minister of Defence and Veterans Affairs of Namibia and her officials; the Namibia National Liberation Veterans Association War Veterans as well as the former People’s Liberation Army of Namibia (PLAN) that was the former military wing of the South West People’s Organisation (SWAPO).
The Committee also had an opportunity to visit the museum of Independence and the National Shrine which depict the history of the liberation struggle of Namibia. Furthermore, the Committee met officials serving at the Zimbabwean Embassy in Namibia.
3.0 Committee Findings
3.1 The Legal Framework Governing the Welfare of War Veterans in Namibia Veterans of the Liberation Struggle of Namibia are recognized under the Veterans Act of 2008 which was later amended in 2013. The Ministry of Veterans Affairs was established in October 2006. In 2020, the Veterans Affairs portfolio was placed under the Ministry of Defence. The law lays out that not all persons who participated in the war of liberation in Namibia are regarded as veterans of the liberation struggle. Section 27 of the Act defines a veteran as someone who was a member of the liberation forces, provided he or she was above the age of 18 when the country gained independence in 1990.
Anyone who was below the age of 18 at the time of independence is not considered a veteran. The Act further cites historical events that one should be associated with in order to be regarded as a veteran. For example, the Cassinga Massacre of 1978, which is similar to Nyadzonia in Mozambique; those who were captured at Chetequera (Vietnam Base); political prisoners and detainees of the period 1959 to March 1990; those persons who were detained or accused during the Pretoria Trial among others. It is important to note that persons who participated in the war, but gave up before the war ended are not considered veterans. However, such persons will receive a token of appreciation, provided they did not work with the enemy before the country won independence.
They should also be closely associated with the key events leading to Namibia gaining independence. 3.2 In the Zimbabwean case, veterans of the liberation struggle fall within four distinct categories as enshrined in sections 23 and 84 of the Constitution of Zimbabwe (Amendment Number20) of 2013. Section 2 and 3 of the Veterans of the Liberation Struggle Act (Chapter 17:12) enlists the four categories as follows: a. a liberation war fighter (war veteran) b. an ex-political prisoner, detainee or restrictee, a person who assisted the fighters in the war of liberation, that is, (i) a war collaborator or (ii) a non-combatant cadre. It is worth noting that legislation in the two countries recognise and provide for dependents of veterans of the liberation struggle as follows: the spouse, widow or widower and children of registered veterans including step children. However, the Namibian legislation extends assistance to dependents with disability who are or were wholly dependent on registered veterans. In terms of the welfare of veterans of the liberation struggle, both countries’ legal frameworks provide for the establishment of a veterans’ board and fund responsible for implementing social and economic programs designed to benefit freedom fighters and their dependents. The Acts administering the welfare of veterans in the two countries are similar in scope in many respects with differences arising mainly on the implementation aspect.
4.0 Government’s Response to Concerns of War Veterans.
4.1 Ministry of Defence and Veterans Affairs
4.2 In Namibia, the Ministry of Defence and Veterans Affairs is responsible for the welfare of war veterans and their dependents. Its mandate is to provide social and economic support to veterans to enable them to engage in sustainable initiatives and improve their livelihood. It is also the Ministry’s responsibility to keep the values of the national liberation struggle alive. Some of the activities conducted by the Ministry include the following:
4.3 Registration of War Veterans
By the time of the benchmark visit, the Ministry of Defence and Veterans Affairs of Namibia had registered a total of 30 050 veterans and forty percent of them were women. There is a Veterans Board that does the vetting of the veterans. This process is critical in that it determines the kind of benefit that one would be entitled to. In Zimbabwe, more than 160 000 war veterans, war collaborators, ex-political prisoners and detainees were vetted between March and August 2022 in line with the new Veterans of the Liberation Struggle Act. This number adds on to about 50 000 war veterans who benefitted from the first round of compensation in 1997. The vetting exercise included veterans within and those in the diaspora.
4.4 Financial Assistance
The Ministry offers financial assistance to war veterans in three ways: a once-off gratuity, the monthly financial assistance and the Improvement of Welfare Grant. Firstly, the once off gratuity is payable to every veteran regardless of their employment status. This is categorized based on the time period that one spent in the armed struggle. For veterans that served between 1959 and 1987, they receive a gratuity of N$50 000 (US$2889) while those who served between the period 1988 to 1989 receive a gratuity of N$20 000 (USD$1343). The second financial assistance is a monthly pension benefit of N$2 200 (US$147) This is only paid to veterans who are unemployed or whose annual income is below N$36 000 (US$2417). The benefit can be inherited by a surviving spouse and children below 18 years. However, in the event that the spouse remarries, the pension will cease. The third financial benefit, is a grant paid to Ex-PLAN combatants, particularly those who were trained militarily and deployed in a military related environment as well as political prisoners from Robben Island and Kai/Ganaxab. This grant is given in addition to other financial benefits.
In the Zimbabwean context and following the enactment of the new all-encompassing legislation on the welfare of veterans, registered veterans are entitled to a once-off gratuity prescribed by the Minister in addition to various other economic and social benefits. A basic pension premised on an indexation framework that ensures that the monthly pension increases automatically whenever the salaries and allowances of members of the Zimbabwe Defence Forces are adjusted shall be implemented so that it applies to all eligible categories of veterans of the liberation struggle.
4.5 Housing Programme
The Namibian Ministry of Defence and Veterans Affairs has a housing scheme, which is aimed at providing decent accommodation to homeless, disabled or elderly veterans who do not own standard houses. A committee was established to ascertain the eligibility of an applicant to receive the housing benefit based on the degree of need of shelter. The house is offered to the veteran after receiving a certificate of nomination. The veteran has to stay in the house for a period of 15 years and thereafter he or she can choose to dispose of that house. Several veterans had benefited from the program and there were others who are still on the waiting list.
Zimbabwe’s legislation on the welfare of veterans requires that twenty percent of gazetted land for economic development as well as for residential purposes be set aside for veterans. Through the twenty percent policy, veterans will have access to residential stands. Unlike in Namibia, development of the property is left to the individual beneficiary. More-so, access to the benefit is open to all veterans regardless of one’s employment or socio-economic status.
Indeed, the Namibian housing scheme is worth considering as it ensures that those veterans who are vulnerable and impoverished are attended to first. This actually augers well with the ‘no-one should be left behind’ mantra echoed alongside the Zimbabwe’s development agenda for an upper middle-class economy by 2030.
4.6 Health and Pyscho-social Support Services
There are pyscho-social support services offered to veterans. The services also include spiritual counselling where the Ministry looks for faith based organisations to assist the veterans. On medical services, the Government assists veterans to get medical services at Government institutions and where necessary, the veteran will be referred to a private health facility at Government’s expense.
In the Zimbabwean context, the medical benefit is accessible to veterans and their dependents at government hospitals. Where it calls for treatment to be accessed in private medical institutions, beneficiaries can be referred to such institutions at the recommendation of the implementing Ministry.
It is in the area of specific psycho-social support that needs more attention in both countries. While in Namibia they have a better decentralised support system than in Zimbabwe, there were concerns that some veterans were still suffering from the trauma of the liberation struggle. They suggested that centres for specific psychosocial support be increased and specialists or experts be hired to offer such services that include counselling Notwithstanding the crucial role played by existing organized community and health systems and foster groups, specific activities and centres designed and established for veterans traumatized by war were suggested to be more helpful.
4.7 Education Grants
In Namibia, war veterans are assisted to get education and skills training for as long as they are alive. The educational facility extends to any discipline and is not bound by time. Dependents of war veterans also benefit from this educational facility but it is restricted up to the first degree.
In the Zimbabwean context, veterans and their children are entitled to education benefits at government schools. In the event of attending private institutions, educational benefits that are equal in amount to the fees payable at state institutions are paid for them. Children undertaking university or college studies abroad benefit from the same educational grant.
4.8 Empowerment Projects
Individual veterans in Namibia are assisted financially to venture into economic activities of their choice. The Ministry gives a grant of up to N$200 000 (US$13 431), and the money used to be paid directly to the service providers. Some of the projects ventured into by veterans were in farming, transport and other commercial activities. The Ministry has funded more than 10 000 projects. However, the veterans complained that they were getting old and did not have the energy to run some of these projects. At the same time, only a few projects were successful. The Ministry acknowledged that the veterans were facing a number of challenges in making their projects viable due to factors such as health, age and lack of skills to manage the projects. A decision was then made by Government to convert the grant into cash of N$170 000 (US$11 416). Thus, the veterans now have an option to access the grant in cash and currently work is underway to process applications made by the veterans.
Zimbabwe’s Part III of the Veterans of the Liberation Struggle Act (Chapter 17:12) provides for schemes and a fund for the veterans of the liberation struggle. In addition to schemes already highlighted, the Act, like in Namibia establishes a fund accessible to veterans whose main objective is to provide financial resources to empower veterans and their dependents. Through the fund, Government is committed to ensuring the operalisation of the empowerment programs through a holding company, the Veterans Investment Corporation. Subsidiaries of the holding company will hold and manage assets in tourism, agriculture, mining and health. A banking institution for veterans is part and parcel of the empowerment scheme. Furthermore, the empowerment drive is also being delivered through the implementation of the twenty percent quota policy which entitles veterans of the liberation struggle to twenty percent of all economic projects undertaken by government.
4.9 Land Resettlement
The Ministry of Defence and Veterans Affairs of Namibia assists landless veterans to get land under the country’s resettlement program. The acquisition of land is critical as it enables the veterans to carry out economic activities such as animal husbandry. The veterans are given an option to choose an area where they would like to be resettled, either in the communal or commercial area.
In the case of Zimbabwe, a number of veterans benefited from the Land Reform Programme since its inception. Realising that there are some veterans who do not have land, the new legislation on the welfare of veterans provides that twenty percent of agricultural land be legally set aside for landless veterans and should be accessible upon successful application through responsible authorities. Land was the basis of the liberation struggle and hence ownership of it is deemed to have the potential of socially and economically empowering veterans and their dependents.
4.10 Funeral Benefits
The Ministry responsible for the welfare of veterans in Namibia gives funeral assistance to deceased veterans’ families. The services are decentralised into the various regions of the country so that families of deceased veterans get assistance in the shortest possible period. After burial, the Ministry provides a tombstone to the graves of deceased veterans. There is a trademark on all the tombstones, so that wherever they are buried they can be easily recognized that they were veterans of the liberation struggle. Likewise, in Zimbabwe, families of deceased veterans are entitled to funeral grants. Government, through the Ministry of Home Affairs and Cultural Heritage, is responsible for the maintenance of designated shrines where declared heroes of the liberation struggle are buried. However, erection of tombstones with a uniform trademark for all deceased veterans regardless of where they are buried, is an uncommon practice in Zimbabwe. Tombstones with a uniform trademark for veterans of the liberation struggle ensure that due respect and honour is given to them wherever they are buried. It is also significant for the preservation of history of the liberation struggle at various levels of the Zimbabwean society.
4.11 Liberation Heritage Sites and War Medals
The Ministry of Defence and Veterans Affairs has a responsibility to ensure that Namibia’s history of the liberation struggle is preserved and kept alive for the present and future generations. This is achieved through museums which depict the liberation struggle and shrines where some of the country’s war heroes and heroines were buried. Furthermore, the Namibia Government gives Liberation and Independence medals to veterans of the liberation struggle in recognition of their bravery and commitment to the liberation of Namibia. In addition, the veterans are recognized at Heroes Day celebrations were a podium is set aside specifically to honour them.
This is an area found to be lacking in the Zimbabwean case. While there is an effort by the Government to rehabilitate and restore historical sites in general, a more effort is required on maintenance and preservation of liberation struggle historical monuments, big or small, wherever they are. A national museum of the liberation struggle similar to the one in Namibia is necessary. Awarding of medals in honour of veterans for their sacrifice during the liberation struggle is long overdue while distinguished recognition (such as setting aside a podium) on important national events associated with the liberation struggle has been raised at various fora by the veterans themselves.
4.12 War Veterans Associations
There are two associations that represent the interests of war veterans in Namibia, namely the Namibia National Liberation Veterans Association (NNLVA) and the People’s Liberation Army of Namibia (PLAN). The major difference between the two is that the Namibia National Liberation Veterans Association represents all veterans of the war whereas the Ex-Plan represents veterans who were involved militarily during the war. The NNLVA is run through a constitution and is affiliated to the ruling party of Namibia. The association is also recognized by the Veterans Act and its major function is to ensure that Government is made aware of and reacts on time to the concerns and plight of war veterans. It also disseminates any relevant information from Government to its registered members. It is annually subsidized by the Government of the Republic of Namibia through the Ministry of Defence and Veterans Affairs for its daily operations.
Ex-PLAN combatants regard themselves as the real veterans of the liberation struggle and consider the NNLVA as having been highjacked by those not representing the values and principles of the war of liberation. They claim that they have been instrumental in lobbying the Government to put in place measures and programs to assist war veterans whilst they were still alive. They highlighted that life remains difficult for some of its members and efforts have been made to establish a trust through which their members can draw funds to enable them to participate in the various sectors of economy.
In Zimbabwe, veterans of the liberation struggle are represented by several associations aligned to the four categories enshrined in the national Constitution. Freedom fighters are represented by the Zimbabwe National Liberation War Veterans Association (ZNLWVA) and the Zimbabwe People’s Revolutionary Army Veterans Association among others. The Zimbabwe Ex-Political Prisoners, Detainees and Restrictees Association (ZEPPDRA) represents those who were subjected to persecution and imprisonment for their political beliefs and activities while the Zimbabwe Liberation War Collaborators (ZILIWACO) represents those who are aided freedom fighters during the protracted struggle for independence. The War Veterans League directly identifies itself with the ruling party though it serves the same purpose as all the others. Despite their differences, all the associations seek to represent the interests of veterans of the liberation struggle and are governed by the all-encompassing Veterans of the Liberation Struggle Act that came into effect in 2020.
4.13 Challenges Faced by Veterans of the Liberation Struggle in Namibia
Most of the war veterans are fifty years and above and the majority struggle to start viable income generating projects due to health challenges and lack of knowledge or skills to run the businesses. Secondly, not all veterans of the liberation struggle had been registered and some of them were discouraged by the fact that some of those who were registered had not been able to get N$170 000 (US$11 416) cash payout. Thirdly, some of the war veterans were still suffering from the trauma caused by the war while pyscho-social support services were not always readily available.
The Government of Namibia spent close to N$9 billion (USD$604 414,980.00) for the welfare of veterans of the liberation struggle and more was required to meet all the needs and demands made by the veterans.
5.0 Committee Observations
a) Economically empowering veterans of the liberation struggle has the potential of uplifting their standard of living and also reducing their dependence on the fiscus. Adequate budgetary support, if prioritised by Government, will enable veterans of the liberation struggle to venture into income generating projects to sustain their families as well as create employment for others;
b) Namibia’s empowerment and social benefit schemes for veterans of the liberation struggle look practically implementable;
c) In Namibia, veterans of the liberation struggle are allocated houses by the State. However, allocation is based on a vetting criteria that takes into account one’s economic status, disability and other befitting factors. This implies that those in dire need of accommodation because of their impoverished state of affairs, are considered first;
d) Honouring veterans of the liberation struggle through the awarding of war or independence medals in recognition of their work and sacrifice is long overdue and must be fulfilled at all costs. Further delay prolongs the emotional suffering of the living heroes and heroines of the liberation struggle and their families;
e) It is a noble idea to put tombstones with a liberation war hero trademark for all fallen veterans of the liberation struggle, regardless of where they are buried and this will keep alive memories of the heroic sacrifice made by the gallant sons and daughters of the liberation struggle;
f) Several veterans of the liberation struggle in two countries, that is, Namibia and Zimbabwe, are victims of psychological trauma as a result of severe physical and emotional injuries associated with the liberation struggles in the both countries;
g) Access to special services for veterans of the liberation struggle is more decentralised in Namibia than in Zimbabwe. A well decentralised system promotes access to resources and services to all eligible beneficiaries;
h) It is very critical to preserve the history of the liberation struggle in a manner that can be appreciated by present and future generations of Zimbabwe. The construction of a liberation war museum chronicling that history in artistic fashion can serve that purpose;
i) In Namibia, major historic events pertaining to the liberation struggle are commemorated on set public holidays. A typical example is the Cassinga Massacre which is actually a public holiday reminding Namibians of their struggle for independence from the scourge of Apartheid.
6.0 Recommendations
- The Ministry of Finance and Economic Development should ensure that the 2023 National Budget has adequate budgetary support for the department of War Veterans in the Ministry of Defence and War Veterans Affairs to enable veterans of the liberation struggle to effectively venture into income generating projects;
- The Ministry of Defence and War Veterans Affairs must expedite conferment of war or independence medals in recognition and honour of the work and sacrifice made by veterans of the liberation struggle. Furthermore, a podium should always be reserved for veterans of the liberation struggle at Heroes Day commemorations and any related events of national significance;
iii. The Ministry of Defence and War Veterans Affairs should consider and adopt the idea of erecting tombstones with a trademark for all veterans of the liberation struggle buried across the country;
- The Ministry of Defence and War Veterans Affairs must ensure that there are adequate pyscho-social support services available to veterans of the liberation struggle who are still affected by the trauma of the war that led to the independence of Zimbabwe;
- By December 2023, the Ministry of Defence should ensure that special services to meet the needs of veterans of the liberation struggle are decentralised to all the districts of the country, in order for veterans and their dependents to get assistance pertaining to health, funeral and education among other needs with ease;
- By December 2023, the Ministry of Home Affairs and Cultural Heritage, through the department of National Museums and Monuments, should have mobilised resources to construct a liberation war museum meant to preserve the history of the liberation struggle for the benefit of present and future generations;
vii. The Government is implored to consider commemorating every day of major historic event or war pertaining to the Liberation Struggle such as the Chinhoyi Battle, the Nyadzonia and Chimoio Massacres, the Battle of Shangani River among others.
7.0 Conclusion
The Committee on Defence, Home Affairs and Security Services, would like to thank the Parliament of Namibia for hosting and facilitating the meeting of the various stakeholders in Namibia. Gratitude should also go to the Parliament of Zimbabwe for enabling the Committee to conduct this benchmarking visit. This was the first for the Committee and it would have wanted to visit one other country with a similar historical background with Zimbabwe, in order to get a fuller and richer picture on the programs and policies to assist the welfare of veterans of the liberation struggle. These gallant sons and daughters are not going to be with us forever, hence, it is important that we respect and honour them whilst they are still alive. The atmosphere of peace and freedom we enjoy today is indeed the ultimate price for their bravery and sacrifice which will forever be cherished. The benchmark visit was indeed successful the Committee managed to identify and learn some practices that can be adopted in Zimbabwe to improve the welfare of veterans of the liberation struggle. I thank you.
HON. NDUNA: Thank you Madam Speaker Ma’am. Madam Speaker Ma’am, I want to second the report by Hon. Nguluvhe who is standing in for the Chair, Hon. Mayihlome. I want to applaud the Committee that went for that benchmark visit.
I second as follows Madam Speaker Ma’am and I ask that Hansard transcribes the Preamble of the Constitution so that I do not delay in terms of the diction and also in terms of elaborating.
PREAMBLE
We, the people of Zimbabwe, UNITED in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression;
EXALTING and EXTOLLING the brave men and women who sacrificed their lives during the Chimurenga/Umvukela and national liberation struggles;
HONOURING our forebears and compatriots who toiled for the progress of our country;
RECOGNISING the need to entrench democracy, good, transparent and accountable governance and the rule of law;
REAFFIRMING our commitment to upholding and defending fundamental human rights and freedoms;
ACKNOWLEDGING the richness of our natural resources;
CELEBRATING the vibrancy of our traditions and cultures; DETERMINED to overcome all challenges and obstacles that
impede our progress;
CHERISHING freedom, equality, peace, justice, tolerance,
prosperity and patriotism in search of new frontiers under a common destiny;
ACKNOWLEDGING the supremacy of Almighty God, in whose
hands our future lies;
RESOLVE by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work;
AND IMPLORING the guidance and support of Almighty God,
hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.
So, the Preamble speaks to the pith of my debate and also Section 2 (i) of the Constitution that states that any statute that is ultra vires the Constitution should be repudiated to the extent of its inconsistency. Madam Speaker, our Constitution is very clear insofar as it relates to the welfare of the liberation war heroes. Section 23 and indeed Section 84 of our Constitution speak to these issues.
Madam Speaker Ma’am, I will not concentrate on Namibia, that has completely been well ventilated by Hon. Nguluvhe. I will not touch on it a lot. However, I will go to the other frontline States that are Angola, Mozambique and indeed South Africa. In Angola, in the Constitution of Angola under Chapter Three (3), on Economic, Social and Cultural Rights and Duties, Article 84 protects the rights of the war veterans as follows: - ‘1. Combatants of the national independence struggle, the country's veterans, those disabled during the course of military or paramilitary service and the minor children and surviving spouses of combatants killed in action, shall enjoy a special status and the protection of the State and society, under the terms of the Constitution and the law.’
Then it goes further in (2) Madam Speaker Ma’am, ‘The State shall be responsible for promoting policies to ensure the social, economic and cultural integration of the citizens referred to in the previous point, as well as protecting, honouring and preserving the historic achievements in which they played a leading role.’ Madam Speaker Ma’am, I want to equate the constitutional provisions of these jurisdictions one to another so that we are not found wanting as a country, we can actually benchmark our provisions and actions to what is currently obtaining in other countries. I have already spoken about Zimbabwe’s 1980 Lancaster House Constitution which made no mention of the War Veterans. However, the country adopted the new Constitution in January 2013 which addresses the rights of the War Veterans. Chapter 2 of the Constitution on National Objectives has its primary objectives as a guide to the State, including institutions and agencies of Government in implementation and formulation of laws and policies. Indeed, Section 23 states that all institutions and agencies of Government must accord the respect, honour and recognition to the War Veterans. One, it also identifies the War Veterans in the context of Zimbabwe’s history as those that fought in the liberation war and two, those that assisted the fighters. Three, those that were imprisoned, detained and restricted for political reasons during the war.
This actually is in sync with the Namibian modus operandi and Constitution. In particular, Namibia promulgated the Veterans Act in 2008 for the following purpose as stated in the preamble of the Act. One, the provision and assistance of the veterans and dependents of the War Veterans. Two, to provide the registration of veterans and dependents of living and descendants of veterans. Three, to provide for the establishment of projects for the benefit and assistance of the War Veterans and dependents of the War Veterans. Four, to provide for the integration and pension benefits for the War Veterans. Five, to provide for the Constitution and functions of the veterans’ board and veterans appeal board.
It is my thinking that if we put these Constitutions together, amalgamate them, we can formulate a robust, resilient, effective and efficient cover for our War Veterans because they brought us this liberation. Without a protracted liberation struggle, we could still be under the yoke of bondage of our erstwhile colonisers who themselves are enjoying the benefits of the World War I and II whilst they reside in foreign lands, in particular in London and America. They still enjoy the benefits of the World War II, those that live, including their dependents. It is my thinking that the protracted war of liberation in all these frontline States should also take a turn and be respected in the same form like the World Ward I and II was respected because these people, during the time when they were supposed to enjoy life, did not enjoy life. The children that were born and those that were still in the loins did not enjoy life. They would not have been born if their fathers had been deceased during the war. It is my thinking that it should have an ad infinitum way of provision of assistance to the War Veterans and those dependents of the War Veterans.
In South Africa, they address the War Veterans in its Military Veterans Act of 2011. South Africa chooses to define War Veterans as military veterans; one, who gave military service to any of the military organisations statutory and non-statutory. Two, which were involved in all sides of the South African liberation war from 1960 to 1994 and served in the Union Defence Force before 1961 or became a member of the new South African National Defence Force after 1994. That is opposing forces of the national liberation movements pre-independence are included in this Act. If we take all these Acts that I have spoken to and about, we can reach a conclusion that I am now going into that speaks about the similarities where they are born out of the experiences that all these countries had.
As I conclude, it is important to identify which class of persons qualifies as a War Veteran and as per Zimbabwean Constitution in Article 23, the definition is often very context specific. However, in Zimbabwe in the Second Republic, people have been vetted including the detainees, restrictees, war collaborators and the liberation war heroes and if this is done expeditiously, we cannot lose what is called oral tradition or institutional memory. The issue of vetting should continue before the detainees, restrictees, and also war collaborators are deceased.
It is important to consider articulating the resources available, limitation and assistance and to emphasise the ad infinitum nature of the measure so as to compel War Veterans to fully integrate into the society knowing fully that their children and dependents are going to be taken care of now and in the future because they brought us the much cherished independence. I applaud Hon. Nguluvhe for stating that Amendment No. 2 of the Constitution also states that there should be a 20% apportionment of land to the War Veterans and this is applaudable and that should not only be seen to be heard but to be seen to be done.
If the Angolan and Mozambican constitutional approach is taken, the question arises to what point the benefits for dependents and orphans of the War Veterans will either cease or expire. In general, there is a need to consider the question of sustainability of such an undertaking, particularly when considering the economic viability of such an approach. What I need to hasten to say is that there is need to equate the provisions for the War Veterans to our economic circumstances and we need to actually have an equivalent amount of economic power in terms of finances pegged either on the dollar to hedge on inflationary pressures. There is need to continue to say if it is going to be a dollar or kilogramme of gold, it continues to maintain that value.
It may also be prudent to consider the experience of other African countries in implementing programmes affecting war veterans in addition to the Commission of appointment of a Ministry for the Defence and War Veterans, which the Second Republic has aptly done. It is most important that other jurisdictions and frontline states can take a cue from Zimbabwe.
I want to thank you Madam Speaker for giving me this opportunity to vociferously, effectively and efficiently debate on the benchmarking visit for the Portfolio Committee on Defence and War Veterans, in particular from a position where I come from. I have got our war collaborators; Madam Sarah Chikukwa and Marjorie Ruzha, and Tawanda Chitashu is a war veteran of the liberation struggle and Benji, the former Base Commander of J.Z. Moyo Airbase and indeed, a lot of other war veterans within Chegutu West Constituency. They will be proud that I have added my voice to the effect that there should be an ad infinitum circumstance in terms of provision of the welfare of the liberation war heroes insofar as is in tandem with that of the Second and First World War. I thank you.
HON. BITI: Thank you Mr. Speaker Sir for allowing me to join in this debate. The greatest service we can do to war veterans, number one is to give them title deeds to the farms that they benefitted as a result of the Land Reform Programme. The Land Reform Programme had as its basis two main things; the decolonisation process, the concept of one man one vote and one woman one vote but at the epicenter of that was access to land.
The Pioneer Column came into this country in 1897, pushed and obtained the Rudd Concession in order to get land and access to minerals that abound in this country. When they came from the South, they thought that Zimbabwe represented the huge Rand, the second Rand after the discovery of gold in the Rand zone of South Africa. Of course, they did not find the gold that they thought about and so, they turned to land. They acquired tonnes and tonnes of land.
Henry Vuso Moyana has written a book called The Land Question In Zimbabwe and part of the study he did was to study the acquisitions of land in places such as Melsetter, Chipinge and so forth. People like Thomas Meikles and Dr. Stanley acquired tonnes and tonnes of huge states in the Melsetter-Chipinge area. Forty-four years after independence, much of that land is still intact and owned by white commercial interests. Billy Rautenbach for instance, owns tonnes and tonnes of land in the Chipinge-Chisumbanje area.
We had the Land Reform Programme in 2000, well and good but if you go to Mashonaland West, Mashonaland East and Manicaland, less than 5% of the farms are still not leased by white farmers. So, whilst we complained about the problem of white ownership of farms and multiple ownership of our farms by white farmers, right now the biggest challenge is multiple farm leasing by white interests in this country. This country is independent simply because we pulled down the Union Jack on the 18th April, 1980 but the fact of the matter is that this country is still owned, controlled and run by white commercial interests, whether it is in mining, farming, manufacturing, banking, legal and auditing sector, white commercial interests are still dominating in this country. It is not yet Uhuru; there is unfinished business of the liberation struggle.
I am looking at my brother and comrade, Cde Joseph Chinotimba sitting over there. He crossed the border into Mozambique but he has nothing to show for it. Even the little seat he had is gone in Buhera there and you do this better than I do – [Laughter.] – My submission is that the first thing which we need to do is to give title deeds to war veterans of the farms that they acquired. You cannot make them subject to the offer letter. The offer letter is non-securitised and in breach of Chapter 16 of the Constitution. The offer letter, just like their constituencies, can go just like the wind – bhuru bhuru, yabhururuka seshiri.
Let us give them security of tenure kuti chanoti chandakarwirawo ndechichi. Chandinosiirawo vazukuru vangu ndechichi, that land and if we say the basis of the Land Reform Programme was the land, then the basis of the reward of the war veteran must be the land. That should be the starting point. Why are we afraid to give war collaborators the land? Let us give them title deeds.
Secondly, pensions Mr. Speaker; we gave them pay-outs in 1997 but they were pegged in an unstable volatile currency. Many of them have nothing to show for that. We are giving them pensions in a volatile, non-stable currency. Let us give our war veterans their pensions in a stable currency. The Government itself has recognized the volatility of the Zimbabwe dollar by levying everything in USD; passports, number plates, birth certificates, milk from Pick ‘n’ Pay, school fees and license in USD but war veterans salaries in RTGs – [Laughter.] – tonyebera kuvada vanhu ava.
Why do we not have reserved seats and a quota system for war veterans, eheka hanti ndivo vakarwa hondo here? Handisi kunyepa ndiri kutaura chokwadi. Ndiri mwana wevhu comrade. Uyu Chinotimba anoiswa kuti aende kuprimary namafikizolo asingazive kuti pfuti inofamba sei uyu. Mangwana tomuka tichiti Chinotimba wadyiwa, wadyiwa nani? Asi patakaenda kuhondo takamboita maprimary ekuenda kuhondo here? Mr. Speaker, did we ever do primary elections to go to war? Maybe they were there in Buhera but in Murehwa and Dotito they were not there. We must respect the war veterans of the struggle. Let us give them land and allow them permanent representation in the National Assembly through a quota system. There are only a few of them left and they are all elderly. Let us give them a reserved quota system.
Surely, 44 years after independence, we do not have a National Liberation Museum in Zimbabwe. If you go to India, China or even the United States, they recognise their war veterans. The likes of George Washington, the first President of the USA was a war veteran of the American war of independence. Here, we do not do that yet we spend a lot of finances on other things and omit to build a museum for the war veterans. When they die, a few are lucky to go to the Heroes’ Acre. When declared a hero, your estate gets tax exemption. Why are you giving a war veteran money when they are dead instead of giving it to them when alive? You give the dead hero tax-free capital gains, but when alive, the war veteran did not even have a proper shoe to put on. You give a war veteran a medal for being a hero but when alive, you did not even want to see him/her.
When I was Minister of Finance, Hon. Chinotimba came to my office and I told him to accompany me to Obert Mpofu because he had the money for diamonds. So, we need to deal with the welfare of the war veterans when they are still alive. Even the farms that I have spoken of, if you want to make someone poor in Zimbabwe right now, just give him/her a farm. AN fertilizer is $70, compound D is $45 and for one hectare of maize, you need to fork out US$3000. As a war veteran, he/she is also a three thousand dollars and cannot afford it. If you want to give me a farm, also give me the resources. Do not tell me to go to AFC or Agribank to get a loan at 200% interest. Do not make me wait for the Presidential scheme which delivers AN in April when I was supposed to put the fertilizer in November of the previous year.
When I have harvested my maize, do not tell me to go to GMB which will give me RTGs six months later. When I have grown my tobacco, do not give me my tobacco money in RTGs dollars. When I grow my cotton, do not give me my money six months later in RTGs dollars. When I have grown my wheat, do not spend 10 months before paying me for my wheat. In other words, do not pretend you are giving me a farm when you have given me poverty. A farm without the necessary resources is a guarantee to poverty and that is why for most people farming is a hobby and not a business. That land is the economy and economy is the land. The ZANU-PF manifesto of 2000 was correct on that.
So, Mr. Speaker, I urge the authorities to give the war veterans their due position. There must be a quota in this House. There must be title deeds, a right to education for war veterans because they spent a lot of time not going to school. We were here and we went to school and now we are their bosses yet they are the ones who fought for our independence. I support the report but the report does not go far. It should make demands today for reserved seats for war veterans, title deeds for war veterans and pensions in US dollars. This pension should not wait for the budget because that is problematic for pensions to wait for budgetary allocations. Why can you not have a stand-alone defined scheme for war veterans pension fund that can support and finance the financial and economic activities of war veterans? This is because as long as it is going to wait for the budget, the war veterans will not be priority because the budget has various humongous recurrent demands. There can be a cyclone and the war veterans will come last but if there is a fund run by war veterans themselves, which they can invest so that it accumulates more, that can work. NSSA is sitting on excess capital of more than 80%. In other words, what they need is 20%, so let us take 20% from NSSA and put US$400 million in a war veterans pension fund, then invest 200 million and leave the other amount for the monthly pay-outs. In five years, with the right asset managers and equity managers, that 400 million will have capitalised to four billion. Then war veterans do not have to go to the Minister of Finance for money. Hon. Nguluvhe will not have to report that when the Minister of Finance does this because they will be controlling their own fund. You can simply employ the young minds with accounting skills to assist you run your fund. That is what we should do if we love them Mr. Speaker. You cannot just love them at rallies saying pasi nemhanduuu but we need to love them by walking the talk and giving them title deeds, school fees, houses and farms. I thank you very much Mr. Speaker Sir.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Thank you very much Hon. Biti. Your contributions were very meaningful. I hope the House will support all your contributions.
*HON. CHINOTIMBA: Thank you Mr. Speaker Sir. The debate by Hon. Biti seems like a phenomenon. It is amazing for a person from the opposition to speak like that. If this debate had been done from 1980 or when opposition came into being in 2000, we would not be having the problems that we have today. Today, Hon. Biti did not speak like the opposition but like a true man who knows who the war veterans stand for.
I want to thank the Chair for the report and all the political parties who support the war veterans as alluded to by Hon Biti. When the truth is spoken, it is painful. That is exactly what happened. The farms that are supposed to be a 20% quota – nothing like that is happening. They tried to implement it but they stopped. It was supposed to be implemented on everything. Right now, there is women’s quota in Parliament, youth quota in Parliament but the war veterans do not have a quota on anything. We just stay and if you want to become a Member of Parliament, you have to go and contest with others like Chinotimba when the war veterans are the ones who fought for this country.
As far as I am concerned, the war veterans are not yet liberated because the 20% quota for them has not been implemented. We went to Namibia to see how they are being treated. It is far much different from us but they benchmarked with us. We went to the museum and there is a statue of the former President, Sam Nioma. Inside there are a lot of other commanders like Tongogara and Mujuru’s statues. It really shows that there is a lesson to be learnt. All over the world, people go there to learn, including those from South Africa, because it was one country. In that museum, there are weapons that they used during the liberation struggle. There are also weapons that were used against us during the liberation struggle. People are suffering, there is no history of the liberation struggle. The only history that they know is that Chinotimba was a war veteran. It is written and well documented from eight to twelfth floor. There are categories and definitions of war veterans but here there is nothing.
After given a farm, the next day a youth comes and takes over that farm. The following day you will see someone from the Ministry of Lands claiming the same farm. You can find even a relative coming to take away that land from you. We need war veterans to be capacitated. War veterans sacrificed and went to war to liberate the country. They lost children but today they are still struggling.
Mr. Speaker Sir, I do not think this matter should just end in the National Assembly. These debates about war veterans must be published. Even the Opposition know why war veterans went to the liberation struggle. The gist of the matter is that war veterans must be empowered. Some of the war veterans we come across will be in a sorry state. Some of them are buried without coffins. There is also too much bureaucracy. There are no coffins in Buhera where we can easily access them. You have to wait for declaration in Harare where you are declared a liberation war hero. Sometimes you only get RTGS3 000 funding yet when someone is declared a national hero, there will be plenty of food and drinks, but for a liberation war hero, there is nothing you will see. You will see lights, Doves or Nyaradzo with huge vehicles when a national hero’s burial is taking place.
I once took the City of Harare to court. The municipality was only allocating houses to Grade 6 downwards while from Grade 8 upwards, there was nothing. Unfortunately, I got a house when I was in a higher grade then they wanted me to vacate that house but I told them they cannot only support those with higher grades and not doing anything for the other staff, just like what is happening at the national heros acre which is contrary to what a liberation hero is. The treatment of a war hero must be the same for a liberation war hero. Yes, indeed, there is always protocol and there is a commander but surely sometimes when you see a liberation war hero, you will not like it. Sometimes there is just a declaration but the coffin has to come from Harare. Sometimes their children just bury them – why do we not decentralize that process? I think this is a terrible situation for the war veterans.
The pension we are getting and the fees for our children is not enough. Our children are being expelled from school because of non-payment of fees. Even the examination fees, we cannot afford to pay. We are made to pay the examination fees in US$ dollars. We negotiate on school fees payment but for examination fees, there is no negotiation. What the war veterans are earning is just too little. Right now, we have also included war collaborators as war veterans and there is no benefit. We are only promising them but nothing is happening. If we discuss something, it must be fulfilled. Let us give them what they deserve. Do you know that some of the war veterans died without earning the gratuities that they were supposed to earn?
In 1980, we liberated this country and we had our independence on the 18th of April – if we say war veterans must be given 50 000, what about the deceased ones that we know very well? Although we were using pseudo names, what about those who died in 1980 who are well known? Some of them might have been in the army. Why were they not given their gratuities? They died without anything. Some of their children failed to go to school.
The reason why we ended up being given pension is because there was a serious problem. When it was investigated in 1997, we realized that the whites that we fought against were earning pensions and sending money to Britain. That is why we asked why we were not earning the same and we were told that we liberated ourselves to be able to get power over resources and we do not need pension or compensation yet the whites who shot us were earning pensions. They were allocated land in Melsetter because they killed blacks yet some of us have nothing.
If we go to Mosi-oa-tunya, there is Rhodes statue there. I am in support of this report – the houses that are being built in Namibia are model houses where a real war veteran who confronted the enemy is supposed to live in. This assists in relieving stress. Do you know that war veterans do not sleep at night? Some of them hallucinate running away from the enemy or the aeroplane. It is because of the trauma that resulted from the liberation struggle – that is the reason why we are saying they must be compensated. There is no war veteran who is at peace in this country yet we are failing to capacitate them. We must allocate them farms and money. Right now, we are being given US$87 as pension and it is staggered. I support the motion that all war veterans need to be compensated so that they at least forget about the trouble that they went through and the trauma that they got from the war.
There is also need for a war veterans’ quota just like we have the women’s and youth quotas. If you go to Namibia, South Africa and Angola, there is a quota for war veterans but here we do not have. What about us the war veterans who fought a bitter war for the country? I thank you.
(v)HON. MUDARIKWA: I would like to thank the Committee for a job well done but I want to debate on issues that have not been debated by other Hon. Members.
The first thing that I want to look at is, during the Pioneer Column – their ultimate objective was to fight against the authorities that were in Zimbabwe. The main target was Lobengula, they followed him at the Shangani battle and Lobengula disappeared. His wife commanded the Matabele warriors and defeated the Pioneer Column. I was in Matabeleland and shown the grave of Lozikeyi, it is an eyesore. We need to consider that these are the people who led the foundation of the struggle. These are the women who laid the foundation of the struggle but as we speak now, the grave is just like an ordinary grave. These are some of the things that we must consider and look at because any struggle or movement must have a historical context – who were the founders of this particular movement and also Nehanda Nyakasikana – these are the women who led the basis of the struggle. We must consider that more be done for them.
The second group of fighters was Chingaira Mashayamombe and many others. It is a shame. As I speak now, the head of Chingaira, Mashayamombe and many others who put up the fight are still in London. London is the centre of colonialism; imperialism and mastered the slave trade, decimated our economy, financed most of the activities that destabilized countries in Africa but we still allowed heads of our leaders to be in London. The Defence and Home Affairs Committee time allowed, must visit London and demand to see the heads of the heroes of the struggle because these are the people who led the activities.
We cannot sit down and relax and enjoy yet the people who led the struggle, their heads are still captured. It means when you are captured, the spirit medium is still captured. The spirit of the living is also captured. You cannot have freedom when your forefathers who led the struggle are captured. We do not even know how the heads are being kept. So, the Committee must have a historical context of understanding where our struggle came from, who are the people who led the foundation of the struggle and where are they. They must now say, release these heads and the people of Zimbabwe must celebrate.
Mr. Speaker Sir, there are well known victims of the Smith regime, highly educated Dr. Edson Sithole, a lawyer par international, a lawyer of rare tenacity, a man who knew what he was doing but he was abducted. His family up to now has not been given anything but here is a man who is recorded in the records of the Smith regime, who is known in the media; if you talk of Edson Sithole, they know.
Even all these other guys who became lawyers were inspired by Edson Sithole but up to now, the family of Edson Sithole does not account for the body of Edson Sithole, does not account for the spirit of Edson Sithole. More-so, as Government, we should put a compensation plan to assist the families of Edson Sithole. I saw some of his relatives and discussed with them; they were saying ‘what should we do and who should we talk to?’.
Therefore, the Defence and Home Affairs Portfolio Committee must look at all these things and find out the founders of the struggle, people who were killed by the Smith regime, what happened to their remains and even their relatives. We have to account for Edson Sithole but what happened to his family? Who is looking after his family, who are his kids, why can we not look at the family of Edson Sithole? This idea of saying under 18 does not work because they have been neglected. So, I just thought I should mention the name of Edson Sithole, everybody knows who Edson Sithole was. It is painful.
Mr. Speaker Sir, a revolution has got some stages. We had the 1966 Chinhoyi battle, the seven heroes; I remember when we went to Guruve with the late Father Ribeiro to see the parents of Godwin Manyerenyere, the mother was still alive. It was painful but these are people who laid the foundation of the struggle, these are the people who fired the first shots against the enemy but their families were leaving in terrible houses without floors, with floors done with cow-dung to remove the dust in the kitchen yet they are the people who laid the foundation of the struggle. These are the people who spilled their blood, iropa ravo magamba epa Chinhoyi.
Mr. Speaker Sir, Operation Hurricane covered Muzarabani, Dotito, Mt. Darwin, Centenary, Madziva, Bindura, Chiweshe, Murehwa, UMP, Mutoko, Mudzi. Operation Hurricane was known before 1975 Independence of Frelimo. The whole situation was from Alterna farm to the people in these areas. There are known families where people were killed, comrades died. The families of those comrades who were targeted by Operation Hurricane are still suffering in Mt. Darwin. I had a chance to see the sons of Kid Marongorongo, he is now an old man but again the whole concept is that revolution has been diluted to the extent that we always want to look and scratch at the surface and not go under to find out what must be done.
So, the dependents of these people must be looked after. Their orphans did not go to school and the research team must be established in the Ministry of Defence to go into these different areas. In my constituency UMP, we had Kangara Base Massacre. The names of the people are listed there, their sons and daughters are there but they are suffering.
We had a massacre at Katiyo and many other areas where our people continue to suffer but I want to thank the Second Republic that for the first time, 42 years after Independence, the Independence Celebrations are going to take place in Mt. Darwin. All those guys, wherever they are, James Bond, Kid Marongorongo, Cde Vhuu, will also be celebrating. We will not be seeing them but the spirits of these comrades will be around celebrating independence. It is from this idea that we shift from the status quo that we must continue and assist the affected families.
We must also be in a position to build second monuments in different areas. In Mt. Darwin, we can build the monument of Kid Marongorongo, In Chiweshe, we can build the monument of Cde Vhuu. If we normalise these people who started the struggle, if they are looked after properly, you will see everything moving smoothly.
The issue of farms is not negotiable. People who fought; those who fought in Britain, came here to be compensated and were given thousands of hectares of land as compensation, a reward for having participated in the war.
Mr. Speaker Sir, in agriculture, as long as you do not have ENDA, you get into agriculture at your own peril. You will suffer. These comrades on the farms, most of them had to stop because we do not have ENDA institution.
Cold Storage Commission was there to finance cattle to all these commercial farmers. They were given resources free of charge, they never borrowed money. War veterans must never borrow money for agriculture. We must give them resources and say Agritex, give us an assessment, what is the holding capacity; 500 cattle. Give him the 500 cattle, after five years we come and take our 500 cattle. This is how the British developed this agriculture that everybody admired to say varungu vaishamisira. They had nothing but they were backed by ENDA institution.
We had a Cotton Marketing Board, it backed all these big commercial farmers, gave them inputs and also gave them what they call establishment grants. You do not want a farm; you need an establishment grant to be established, to be on the farm, then you can develop. A war veteran is an admiration of every Zimbabwean, not only Zimbabweans but every other person in this Southern African region admires the role of the war veterans because you need to remember there was what was called the frontline states where all the forces who were fighting against imperialism - SWAPO, MPLA, ANC, ZANLA, ZIPRA were working together to defeat an enemy that had agreed to say we must take over. These imperialists were defending international capital, that is why at this moment, we also need to salute the people of Cuba. Cuban internationalists came to fight – I am just giving reference because this was a study visit to Namibia. Cuban internationalists came to fight, the battle at Cuito Cuanavale in Angola is where it all started … (Recording glitch) and that marked the beginning of a struggle that defeated all imperialists but imperialism has different stages.
The political part of it has been defeated. We must now face imperialism on the economic front and the champions of fighting against imperialism on the economic front must be Zimbabweans. We are our own liberators, we will remain our own liberators but Mr. Speaker Sir, it is critical that the report is adopted with critical amendments that we are mentioning and that have been mentioned by different Hon. Members so that when it moves forward, it is a document that gives dignity. Before you talk of anything, you must give dignity to a movement, give dignity to the revolution then you give dignity to the participants of the revolution.
I would like to salute the Second Republic and also Mr. Speaker Sir, Hon. Jacob Mudenda; that head of the Queen, the crown of the Queen that is in our Parliament. When you go to the new Parliament, it must be removed because those are signs of oppression; those are signs of the existence of imperialism, neo-colonialism. We will continue like that but what happens? When you are under siege, when you are the heads of imperialism, you will never know that you are colonised until the day you are about to die. So, it is important that before many people die, they get the benefits of what they fought for. Everybody in Zimbabwe must also get the economic benefits of this country. We are faced with a very difficult situation where time and again, people were talking about the cost of fertilisers and everything but there is SDR from the International Monetary Fund. We must be saying okay, our economy depends of agriculture, let us import fertiliser and sell it to our farmers at a subsidised rate.
The people in my area are going to Zambia and Mozambique to import fertiliser – it is cheaper there. Yet here fertiliser is very expensive and most of the fertiliser companies are owned by Government. So, we need to address the situation where even in the Constitution Mr. Speaker Sir, there is an element where it is mentioned that all those who assisted in the struggle – in Germany, after the Second World War, there was massive construction of clinics, schools et cetera in the affected areas. This is the same thing that must also happen here in our communal lands. We must get schools being constructed as a sign of thank you to the people who participated in the struggle.
I want to thank the other Hon. Members who have contributed so far for their understanding on the importance, Mr. Speaker Sir, of consolidating a revolution. When you create a revolution, it is not for yourselves, a revolution is for the next generation and posterity. It is important Mr. Speaker Sir that as we debate now, we must also salute the people who put the final nail on the Smith regime for a job well done. We must continue saluting what they did and also when we look at war veterans who are in the civil service, when we calculate their pensions, it must be calculated from the date they joined the struggle because joining the struggle was a national duty. War veterans in the police and army, their pensions must be calculated from the date that they joined the struggle. So it is very important Mr. Speaker Sir, that we recognise certain fundamentals that were done. Yes, we do not like the British …
THE TEMPORARY SPEAKER (HON. MUTOMBA): Order, order Hon. Mudarikwa, may you wind up?
HON. MUDARIKWA: Mr. Speaker Sir, I am winding up but I am getting messages here from other Hon. Members that my contribution is so exciting and full of revolutionary flavour. My contribution is of rare tenacity. So, Mr. Speaker Sir, this is what is pushing me to continue debating but with all due respect Mr. Speaker Sir, I want to thank you very much for allowing me to contribute to this great, very important report that has been tabled by the Committee on Defence and Home Affairs.
Hon. Members in the Committee on Defence and Home Affairs – job well done. I salute you. Thank you very Mr. Speaker Sir.
(v)HON. KASHIRI: On a point of order Mr. Speaker Sir!
THE TEMPORARY SPEAKER: I have actually recognised Hon. Muchimwe so, I will recognise you after him.
(v)HON. KASHIRI: I was going to request for Hon. Mudarikwa to be given another 10 minutes to wind up Hon. Speaker Sir – he had a point to make.
(v)HON. B. DUBE: The debate has been concluded and he has already resumed his seat, we cannot Mr. Speaker Sir.
(v)HON. KASHIRI: Hon. Dube, you are not the Speaker.
THE TEMPORARY SPEAKER: What is your point of order Hon. Kashiri?
(v)HON. KASHIRI: Yes, on a point of order Hon. Speaker Sir. I beg that Hon. Mudarikwa be given 10 minutes to wind up his speech.
THE TEMPORARY SPEAKER: It has already been overtaken by events. Sorry about that, because you are now disturbing Hon. Muchimwe who is on the floor at the moment.
*HON. MUCHIMWE: Thank you very much Mr. Speaker Sir for giving me this opportunity to also contribute to this motion. The issue about war veterans must be prioritised in this country. In 1976, when I was in Grade Seven (7), I read an article in the Rhodesian Herald that said and I quote, “In a thousand years from now, will I start to think about black majority rule.” Those words were uttered by Ian Smith, if only Zimbabweans were cowards, we would still be under colonialism.
Those were the words that really angered me and other citizens of this country and made us to join others in the liberation struggle. In 1977, when I was in Form One, several schools were closed as school children went to either Zambia or Mozambique to join the liberation struggle. Many of them died and some are not even known where they are buried. Although the remains …
THE TEMPORARY SPEAKER: Hon. Member, may you connect your gadget please?
*HON. MUCHIMWE: It is connected. Most of them died and disappeared …
THE TEMPORARY SPEAKER: You are not connected Honourable! – [HON. MUCHIMWE: I am connected!] – No, you are not. – [HON. MUCHIMWE: My phone is working.] – [*HON. MATSUNGA: You are not connected, the other Hon. Members who are on virtual cannot hear what you are saying!] Even me here, I cannot clearly hear what you are saying.
*HON. MUCHIMWE: When I was in Grade 7 in 1976, I read an article in the Rhodesia Herald which said, ‘in a thousand years from now will, I start to think about black majority rule.’ This was Ian Smith who said these words. If the people of Zimbabwe were not brave enough to embark on the war of liberation, we would still be under colonialism even now. Those are the words that really angered the people of this country. In 1977 when I was in Form 1, I also joined others in the struggle for liberation of our country.
Many schools were closed and some school children went to Zambia or Mozambique to join the liberation struggle. Many of them died and some of them are not even known where they are buried. I want to thank His Excellency for saying that he is a listening President because most of our country’s liberators are now getting their dues but I am surprised why some have not been compensated by now. If you go in the Bible, there is a story about David where the fighter was given what was due to them after the war. Likewise, veterans of the liberation struggle must be given their dues.
Income generating projects are good but the veterans of liberation struggle need to be given their money. Income generating projects may not give them a good return because there is a lot that is involved. Some of the war veterans are now old and frail hence they cannot embark on income generating projects. The reason why Ian Smith declared that in a thousand years, it was because he believed that this country can never be liberated. All I am saying is that war veterans must get their benefits whilst they are still there.
*HON. NYAMUDEZA: Thank you Mr. Speaker Sir for giving me this opportunity to debate the motion raised by Hon. Nguluvhe. Firstly, I would want to say that Ndabanigni Sithole is the one who started the war of liberation. The likes of Comrade Hunzvi went to Ndabaningi Sithole asking guidance on way forward. Ndabanigni Sithole advised them to go on the streets and demonstrate. They got a car which was red in colour. They demonstrated and got the money.
When the war liberators went to war, first of all, they went to the chiefs and put snuff on the ground and speak to the spirit mediums. If you forgot Joshua Nkomo and Ndabaningi Sithole nothing will move forward. War veterans really worked in this country. A lot of people who went to war died. There are those like Mr. Gwejera and William Ndangana who led the crocodile gang and Noel Mukono who was once Secretary for Defence in 1972/73, those people are no longer known but they were commanding the war. I kindly ask all the war veterans, whenever you make these demands, you should talk to other people who are well versed with these situations. Go to people like Rugare Gumbo who know the direction which you are supposed to take as war liberators.
As we speak, if a war veteran dies – we just have a few who are remaining – their history is not known except for war collaborators who know a few things about the war. It is very unfortunate that if we compare the Government since 1970 to Jairos Jiri, they have done nothing. How can Government forget the people who ushered them into authority and power? The motion that has been put forward should indicate that we have come together as Members of Parliament, especially on what was said by Hon. Biti that there should be a quota system for war veterans. We are not against the quota system for the youth but the youth need to be shown the direction on how things are done because you find that most youth do not know anything about the liberation struggle. They should be taught what the liberation struggle is all about. If the war veterans are given land you will see things moving forward.
Talking about Jairos Jiri, he benefited nothing from the philanthropic work he was doing. He was looking after those with disability until Government acknowledged his work. Namibia got its Independence on 21 March 1990 but it is ahead of us in terms of the welfare of war veterans. Again, South Africa was liberated in May 1994, but looking at them with regards to the welfare of war veterans, they are way ahead of us. Most of them drive cars and they have houses but here in Zimbabwe if you see anyone who is driving a car, it is someone who came back and went to school like Hon. Chinotimba and Hon. Mayihlome who got a chance to become Members of Parliament. For those who are in the rural areas, life is very difficult. You see them struggling and you wonder why they went to war. Others are even regretting why they joined the liberation struggle. It is not something nice when spoken by someone who has gone to war to liberate this country. What I have said about Father Gideon Mhlanga, he was able to build Gazaland Secondary School in Manicaland. He had seen that whites had classes, to say those who had failed in their primary level education would not go further to secondary education. When he asked for money, he thought of a Zimbabwean child and he built a school with the intention of assisting them. Even Father Zimbabwe, who had the intention of sending Father Gideon Mhlanga to war, never did it and the school was closed in 1977 because of the liberation war.
This motion which has been raised in this House, I have a problem with how we conduct ourselves in this House. Nothing materialises. It is only talking and no implementation. This is something that we have agreed upon as Members of Parliament but tomorrow when we look at it during another Parliament, when we have gone for elections, the issue of war veterans will not be discussed. It will have been thrown away into the bins. Today we have mentioned that it should be implemented then you see again the same issue being talked about in 2025. Let us not forget ourselves. We should know where we came from. Thank you.
(v) #HON. L. SIBANDA: Thank you Hon. Speaker for giving me this opportunity to add my voice on this debate. I would like to thank Hon. Mayihlome for bringing this motion on this issue of war veterans. War veterans did a great job of liberating Zimbabwe but when we look at the war veterans, they now seem as ordinary and useless people, yet these are the people who liberated Zimbabwe. These are the people who brought independence.
I will talk about war veterans who are in the rural areas. They also get their war veterans pension and the amount of money they get is too little such that they cannot buy anything. War veterans now spend four months without going to collect their monthly pensions. That way he can manage to buy himself maybe two kilogrammes of sugar and go back home. Hon. Speaker, I think the Government should look into this issue of war veterans’ welfare. The Government should feel for these people, they brought independence to Zimbabwe and honestly, the money they are getting is nothing.
There are other war veterans who were never paid anything when others got $50 000 then. Some of them got injured during the war and got compensation but they did not get the $50 000 that others got. They are not getting any monthly pension. The Government should relook into this matter. May the Government look after those war veterans who got injured and cannot work for themselves. These people are not being treated the same, especially those in the rural areas. Some of them live in one-roomed houses. War veterans should not be suffering here in Zimbabwe. They should be taken care of. Government should take care of them.
Hon. Speaker, a lot has already been said by other Hon. Members. The Government should take care of those war veterans who did not receive any package, those who are now disabled and cannot fend for themselves. Some of them still have bullets in their bodies and scars from fighting to liberate this country. The Government should take care of those people. Thank you Mr. Speaker.
THE TEMPORARY SPEAKER: Hon. Members, may I just guide you not to repeat what has already been contributed by other Hon. Members please. Bring in fresh points and ideas.
(v)HON. B. DUBE: I want to thank you for giving me this opportunity and in addition, I want to thank Rtd. Major Gen. Mayihlome and Rtd. Gen. Nguluvhe for presenting this wonderful report. I also want to take this opportunity to explain that I am happy that the founding values of the party to which I belong, MDC stands for completing the unfinished business of the liberation struggle. In 1999, we actually observed and indeed acknowledged this as one of the most fundamental issue on our land to make sure that war veterans are taken care of and that all the outstanding issues relating to the liberation are addressed.
The war veterans were supposed to get all their dues including title to the land, not this idea of just giving them bushes where some members here have already explained that war veterans have been stressed by being given land when they do not have the resources. The war veterans end up being given stress and stroking in the farms where they are because they cannot do anything. They cannot herd cattle or do grain production because they have no money.
My point is, we actually need to honour our war veterans by making sure that they have all the land that was given to them and given title so that they have title deeds and that even their children can have an inheritance. We actually need to complete that museum relating to the war veterans. I was in Namibia on a different assignment and I was happy to find out that I was taken for dinner at a liberation museum in Namibia , something we do not have in Zimbabwe. It is an embarrassment to actually not recognise our very own.
I also had an opportunity here in Gweru Urban, which constituency I represent, to have one of the decorated war veterans, Cde Rugare Gumbo who happens to stay in my constituency. I visited him to actually find out the perspective of the war veterans relating to what has happened to them from 1980 to now and actually, the sentiments that Hon. Chinotimba presented here are actually a confirmation of what I got from him. They feel betrayed, unwanted and used. We only remember war veterans when we want to use them but we must actually value and honour our war veterans because they did a very good job.
We must actually make sure that we have a quota system for the war veterans. I do not see how it cannot be processed if we have a quota for war veterans in Parliament. We should be able to do that because subjecting war veterans to primaries has actually led to serious scars. As we are speaking right now, some of them have actually lost primaries and are being measured with the educated boys and girls, and people are laughing at them saying they cannot speak proper English so we cannot vote for them. They forget that these people failed to go to school because they took part in the liberation struggle.
They are now being measured by a standard that they failed to achieve because they were actually doing national duty and so, it is very unfair to have a Parliament which does not have this quota for war veterans. We have our comrades like Hon. Chinotimba losing primaries to educated young boys speaking English, having a lot of money and bragging that they are educated forgetting that they are educated because someone sacrificed.
I want to thank the party to which I belong, MDC because we still abide by the values where we are saying we must honour the war veterans, the promises of the liberation struggle and make sure that we end corruption and give more benefits to our people. The reason why we are failing to give benefits to our people is because many of the resources are being abused and looted by thieves. War veterans must be having clusters where they are given mining claims and allowed to flourish and enjoy but those things are being looted by criminals and mischievous people in our land. It is fundamental for the party to which I belong the MDC…
THE TEMPORARY SPEAKER: Hon. Dube, order, this honourable House is a Government institution which comprises of all parties in this country. This motion is all about war veterans. So I do not think it is proper for you to speak about your party. Please stick to the debate on war veterans’ issues and not party issues. Please stand guided.
HON. B. DUBE: We should uplift the lives of our people from serious poverty and this should be seriously considered. I want to thank Hon. Nguluvhe and Hon. Mayihlome for spearheading this by making sure that the motion of this nature is presented in this august House so that everyone is aware and gets conscientised of where our war veterans are and where the war collaborators are. They are in poverty while some of us are enjoying the benefits of this liberation struggle and have forgotten that there are people who sacrificed all they had and were willing to give it all for purposes of making sure that we get this liberation.
I will end by saying this must not be a talk show. The issues that are in this motion are not very difficult to implement; for example, the aspect of a quota for war veterans. This just requires a constitutional amendment. We have seen some amendments which sailed through and this constitutional amendment may need to be considered very soon so that in this particular session, we should then be able to have in place the mechanism to ensure that the war veterans’ quota is there. Also, in terms of our other laws, they may need to be amended, such as the laws relating to mining, which are already in progress through the Mines Committee. We should make sure that we complete this thing and we do not make it a talk show and take too long to implement. I thank you.
(v)HON. DR. MURIRE: Thank you Mr. Speaker Sir for recognising me. I want to add my voice to the report prepared by our Committee and thank the Members who went to Namibia for the comprehensive study that they did. I am one of the liberation fighters and as I stand here, I am so hurt, with the extent of pain we go through. So, I am talking from experience. Mr. Speaker Sir, take note that I am one of the Members of the war veterans who stood in Rufaro Stadium ground raising the flag on the 18th April in 1980 as a young man of 19 years. So, I am contributing to this debate with all those memories in hindsight.
Mr. Speaker Sir, I have three issues that I need to put emphasis on. Firstly, it appears to me all structures of Government and all interested parties are in agreement that the war veterans are supposed to be taken care of. But alas, nothing is done despite that agreement. Secondly, I want to raise the issue of structure. The Constitution is very clear that the war veterans are supposed to be recognised and that laws are supposed to be promulgated to protect the interests of war veterans. A law has been put in place which is the War Veterans Act but implementation becomes difficult. Why, one wonders? The 20% that was talked about is actually not in the Constitution but it is also being suggested everywhere. I think the idea of having a 20% reservation for war veterans in whatever Government does was to have representation of war veterans in most structures of Government but that has not been implemented or realised, resulting in all structures of Government being occupied by people who have no appreciation of what war veterans require. Nowadays, those structures of Government are occupied by people who were born in 1980. These people we are talking about are now 35 or 40 years and they do not have any appreciation of what war veterans went through or how the country came about. If there was concerted effort to make sure that in those structures of Government there is representation of war veterans, it would be easy to implement some of these ideas that we are talking about. But the 20% is only talked about but not supported by any law.
Thirdly, I sit in the Committee of Justice and there is one Samuel Rumana who presented a petition requesting Parliament to consider amendment of the Constitution for a quota for war veterans. That petition was accepted by Parliament, it went through the Committee, was deliberated and when we were just about to go for public hearings, the petition just fizzled into thin air. One then wonders where it went to or whether there was an instruction for the hearings not to be conducted, no one really knows. The dates had been set including sensitising the war veterans. The war veteran association coordinated to include their views but only to die a natural death. The war veterans’ department falls under the Ministry of Defence and the mandate of this Ministry is enshrined in the Defence Act and subjecting the department of war veterans or the War Veterans Act under the Ministry of Defence is actually not good for the war veterans. Ideally, I would have thought that if Government acknowledges that the Constitution gives war veterans priority, it is my recommendation that a separate Ministry be created so that it focuses primarily on the interests of war veterans and not subjecting it to the Ministry of Defence, which has got a vast responsibility to ensure the security protection of this country. Mr. Speaker Sir, everything else has been said and in summary, I just want to support those who are proposing a quota representation in Parliament for war veterans and the process had been started. Amendments can be done and everybody else in this country agrees that war veterans should be given a quota so that they protect the legacy of this nation. Youths have been given a quota but what are they there in Parliament to protect which is much more than what the war veterans can protect? Women have got a quota. What are they protecting in Parliament which war veterans protection is inferior? With that Mr. Speaker, given that the youths and women are there, I believe there is a very strong argument for war veterans to have a quota in Parliament. These are the ones who know the liberation history better. They are the ones who can protect the legacy of this country better and they can do so in Parliament where laws are made, where laws are implemented and where supervision of the State is done. There is nowhere else where war veterans can prefer than in Parliament. I so submit Mr. Speaker Sir.
+HON. S. K. MGUNI: Thank you Mr. Speaker Sir for giving me this opportunity to debate on the motion brought by Hon. Nguluvhe and seconded by Hon. Nduna. Firstly, the Constitution of Zimbabwe is very clear on what should be done for war veterans and I do not know what is failing us.
I now come to the issue of the quota system. I do not know what makes it difficult for the war veterans to be represented. I also look into the issue of the vetting process. It was started sometime ago but now it has died a natural death. War veterans in our constituencies are always asking us what is stalling the process. There are some who were assisting the war veterans during the liberation war. The process should be done and completed. Every time we are losing war veterans. They are dying, so who is going to be vetting them after they all die?
I will also talk of the funeral grant which is provided by the Government. Most of the war veterans’ insurance grants and funeral policies have been downgraded in anticipation that they are going to be assisted by Government when they die. I am suggesting that Government takes over all those funeral policies so that it is the one that pays for those funeral policies.
I will also talk of the widows and orphans of the war veterans. Our widows are suffering and I am of the opinion that the pension given to war veterans’ beneficiaries be increased to the amount that the deceased was getting when they were still alive instead of reducing it after the war veteran’s death. I propose that, that money should not be reduced upon the death of the war veteran.
Lastly, I will touch on the employment of the orphans of the war veterans. Government is educating children of the war veterans from lower level of education to university. I feel that about 20% of these children be absorbed and employed by the Government in the sectors like police and the army. We are hopeful that our President, as the listening President, will listen to these suggestions that have been put forward by Hon. Members. I thank you.
*HON. R. R. NYATHI: Thank you Mr. Speaker Sir. How are you Mr. Speaker Sir?
THE TEMPORARY SPEAKER: I am okay. Thank you very much.
*HON. R. R. NYATHI: I am so happy Mr. Speaker Sir for giving me the opportunity to debate on the motion that was moved by Hon. Nguluvhe and seconded by Hon. Nduna. Mr. Speaker Sir, I want to debate in Shona about the issue and welfare of the war veterans. I was touched by the debates from the Members of the Opposition. They alluded to the issues of how our war veterans should be taken care of and what should be done for us to have peace in the country. For us to say Zimbabwe is liberated, we should acknowledge those who sacrificed their lives for the liberation of this country, those who went to war and fought with weapons those who had invaded our land, the colonisers and brought back the country to us.
It is now 43 years after we attained our independence and as we speak, there are people who lost their parents, brothers and sisters and do not know where they were buried. Until this day, they are not yet buried. I would not have done justice if I do not talk about the liberation of this country Zimbabwe, the people who sacrificed their lives to liberate this country. We grew up during the liberation struggle but we never got injured at any point. We have those who sacrificed their lives during the liberation struggle but up to this day, they got nothing out of it. Right now, some of us are taking our independence for granted. I say so because there are those people in our communities back there like village heads who do not acknowledge or see the importance of the work that was done by those who went to war to liberate this country. It actually shocks me to say that our country is liberated but to this date, if a war veteran dies and you look back at their lives, it is actually shocking. School fees is not being paid. A lot of essential things are not being catered for these war veterans. I know of an individual whose child is not going to school because they have no money to pay for the results. These are the people who made the good life that all of us are enjoying.
When war veterans die, let us not just write a pass only. We should actually cater for the deceased remaining family at large. Relevant Government departments should move in and cater for the lives of the deceased war veteran. It is also important to make sure that there is consistency in the pensions that they are getting. We should also consider the cost of living and the value of what they are getting as pension. We should not fail to consider this particular issue, to say how much are we giving them and does it change anything in their lives.
The children of war veterans – the blood of their mothers and fathers should safeguard the heritage left in their hands; the sacrifice that was done by their parents. We have a lot of war veterans who never got a pension or anything significant. I have a brother who never returned from the liberation struggle and we do not know where he was buried. The parents never got anything to say thank you, you gave birth to a son who sacrificed his life for the liberation of this country.
Let there be a quota of Members of Parliament who are war veterans…..
THE TEMPORARY SPEAKER: Order, may you wind up. I do not think it is wise for you to repeat what has already been said.
(v)*HON. R. R. NYATHI: The other thing that is troubling me Mr. Speaker Sir, is the spirit of sacrifice and seeing the importance and valuing this country – having it at heart. For those who went to war, the main objective was to liberate this country and not looking forward to get anything because they knew that when we liberate this country, we will also be liberated. The unfortunate thing is that we have a generation that does not see the value or respect for this country. Every Zimbabwean who believes that we were liberated should cherish and wish well for the country. They should wish peace and freedom in an environment and spirit of uplifting this country. We acknowledge what the President does uplifting unity, peace and freedom. He always preaches peace and unity amongst Zimbabweans so that we remain as one.
Thank you very much Mr. Speaker for the opportunity you have given me to contribute so that we remain important as a country. We acknowledge the sacrifice that was done by many people so that we have a liberated Zimbabwe.
HON. TOGAREPI: I also come forward to add my voice to the report that was presented by Hon. Nguluvhe, seconded by Hon. Nduna wherein they looked at how Namibia and such nations are looking after their veterans of the liberation struggle. I know for sure that our Government since 1980, did something in recognising and also supporting freedom fighters. In 1980, some money was given to them. If I recall, it was equivalent to US$2000 of today. In 1997, $50 000 was paid to war veterans, mainly the ex-combatants. Pensions also have been paid to freedom fighters and hospital bills are being paid, meaning that Government is trying to look after the welfare of freedom fighters in general.
However, we need to review that policy to ensure that whatever we are trying to do in order to support these people who sacrificed their lives for our freedom is adequate. We are already challenged by our economic environment which has been sabotaged by enemies, those who colonised us but we need to deliberately come up with a policy that looks after the war veterans of the liberation struggle.
Remember most of them are advanced in terms of age. They will all go but are they going to go happily and peacefully. Whatever we are doing, is it enough for them to go peacefully saying we fought for our people and our people appreciate that we gave our lives to their freedom. If we have a war veteran who is still challenged in terms of their welfare - that is their health or accommodation, we need to then look at our policy, reexamine it and correct it so that our freedom fighters are looked after well.
It is very important that after independence, our Government realised that war veterans, war collaborators and ex-detainees lost opportunities and ties because of the war and they were liberating the people of this country. If they lost all those opportunities, our Government then thought of compensating freedom fighters not because that was the main reason, we had many grievances among the land, our right to vote but we should be humane in our approach because these people lost that time fighting to liberate us. If the policies that we have, the efforts that we have put in place in order to help these people socially in terms of their welfare, if all what we have done still we have freedom fighters requesting that their lives should be improved, we need to revisit what we have put in place.
Yes, we have put in place structures like the investment vehicles that have been put together by Government but how long will they materialise to give value to the expectations of war veterans, mujibas and chimbwidos and ex-detainees? These people are already advanced in age, when these structures bear fruit, half or a third of them will be probably dead. Why not put it in our fiscus so that we target improving the lives of freedom fighters and consult them so that they tell you what their immediate needs are. If you were to give a war veteran or old ambuya who cooked during the liberation struggle, if you want to give them a mine, will it make sense to these elderly people? Will they be able to benefit from these or they need an immediate benefit such as chronic diseases tablets in order to keep them healthy.
Therefore, from this report, we need to borrow what Namibia has done, add on what we have not yet done so that the situation of freedom fighters is improved and it has to be done like yesterday because they no longer have time.
I also want to particularly talk about war collaborators, 43 years down the line, they fought, where it happened, they were there. They have bullets in their bodies but up to now, nothing has been given to them. Yes, land should be given in their names recognising, rewriting or putting the history straight. If we are going to die with the history of this country skewed towards one particular group of the freedom fighters, it will be unfair. Let us have our history written correctly and clearly that there were people who fought in their various ways to free this country and 43 years down the line, they have not benefited.
We want to thank the Second Republic that they have come up with a vetting process to identify freedom fighters both war veterans who were not vetted in the initial vetting and the ex-detainees and war collaborators but after vetting, some have already died and how are we going to compensate these? The policy says only those who are living will benefit especially those who have not been vetted because of various reasons. What are we going to do? Why are we not expediting this process and having war collaborators, even if it is a medal, even if it is a dollar that you are going to give them, just give them for their souls to rest. They did this country proud, they fought for this country. Why should they die thinking that we can do something yet we are taking our time? They are not looking for millions, they are looking for proper recognition.
The Constitution is clear if you go to Section 84, ‘entitled to the recognition of their contribution to the liberation of Zimbabwe and to suitable welfare such as pensions and access to basic health’. The Constitution has given us direction already and why are we not acting? If we are going to give them medical aid paid for by Government, do you think they will not appreciate that? Why are we waiting for huge monies where are they going to come from? We are sabotaged already, we are under extreme sanctions from the West. There is no time when we are going to have huge monies. Remember we are faced with a lot of competition in the political space. We are the only Government that is aware in reality of what war collaborators, war veterans, ex-detainees did to liberate this country. Anything that we procrastinate now is going to be paid for by freedom fighters failing to get what is promised in the Constitution.
Therefore, Mr. Speaker, I would like to say the report is an eye opener. Let us pick from it what they observed in Namibia and bring it into our own Veterans of the Liberation Struggle Act, in our own policies and practices in looking after freedom fighters. Let us take it from there, let us build houses for them in the rural areas so that they will die peacefully, with a heart of saying we fought for people who recognise what we did.
Why can we not do those small things, just medical aid being given to all those who have been vetted and succeeded. After all, the Government is already looking after all old age people, they go to hospital and they are treated freely. Let us give these freedom fighters in their name. It is not like if they were to benefit today and if I was to go to a hospital and am treated as somebody who is above 65-year-old, there is no problem. I can be treated but it will never be satisfying as much as it would be satisfying me like I would be saying, I have been treated freely because I am a freedom fighter.
So Mr. Speaker, let us do something. This Parliament should help Government to come up with improved laws or even in our budget. We need to debate and encourage Government to set aside resources to look after these people who are already aged but they gave their lives to the freedom of this country. It pains me whenever I meet freedom fighters. Whatever benefit I get either as an employed somebody somewhere or as a Member of Parliament, it came out of the sacrifice of these men and women. What have I done for them? Wherever we are, the Constitution states it clearly, we must respect them.
They stand in queues in banks and everywhere where things are being distributed, they do not have respect. Even Government departments do not respect war veterans, war collaborators or ex-detainees. They are looked at as nonentities in our society but we have a law, I have not seen it being enforced. What are we doing? Can we not come up with some form of identity for these freedom fighters so that they are recognised wherever they go instead of them introducing themselves to people who may have ulterior motives and requesting to be served first? If we give them badges, it would be easier for people to recognise them everywhere.
We will be doing good to our generations and our country and its foundation. These are people who must be respected. As long as we forget our history Mr. Speaker, we will be colonised again and as long as we do not respect those who gave their lives for the freedom of this country, we are making one mistake. We are already telling everyone who has not done anything for this country that it is not sensible to do so. It is not sensible to sacrifice for your country if fellow countrymen cannot appreciate that a freedom fighter or war veteran was ducking bullets for their freedom and we do not do anything. It is clear that everybody would then yearn and feel that something good has been done for freedom fighters. We are telling the young people that if anyone wants to invade Zimbabwe or fight us in future – nobody will want to sacrifice themselves if our current society cannot respect war veterans, the people who fought for the freedom of this country.
So I humbly request Mr. Speaker, through your Chair that we itemise everything that these Hon. Members discovered in Namibia and put it in juxtaposition with what we have already done for our people to see whether we can improve. Then we can bring in an amendment to our Act and ensure that everything is captured so that our freedom fighters can also be well looked after. We can even ask for Presidential Powers, if need be, and that is, if coming up with a law takes long.
The issue that was raised relating to a quota is long overdue. The majority of youths are already dying because of Mukozodo and drugs and are being recognised beyond people who brought freedom and made us. I am here today in Parliament which was full of whites, debating for the rights and future of this country because of our freedom fighters. I cannot recognise war veterans and we cannot even include them in policy making issues. Yes, we have war veterans as Ministers, in various Government departments, and in Parliament. Let us give them positions in their name. Those who got that opportunity to do so was because of their own effort but let us give them. We will be paying tribute even to those who are long dead. Whatever we do, we are not only doing it for the war veterans who are walking today but we will be doing it for those who are buried in unknown graves; whose remains cannot be recovered for reburial. We should do this in recognition of freedom fighters who fought for the liberation of this country.
It is something that is very touching Mr. Speaker, when we see veterans of the liberation struggle struggling to survive. We recognise what Government is doing; we appreciate it fully and respect it that children of war veterans have been sent to school – we appreciate that. We are saying that we need a more deliberate and radical approach. War veterans are getting old and many of them now have diseases and may be dying – let us thank them, for this limited period that they are left with on this earth in a comfortable way and so forth.
I really want this Parliament, together with the Ministry of Defence and War Veterans, to sit down, look at what the Namibians, Mozambicans, South Africans and Angolans have done for their freedom fighters and improve our own. We were the pioneers in recognising our war veterans on the attainment of Independence hence we cannot now be left behind by other countries. Let us improve the welfare of our war veterans and make sure that they are happy in their last steps towards leaving this earth.
Mr. Speaker, I want to thank Hon. Members who debated on this motion. It is something touching to me. I feel for those who have not been looked after or given what is due to them, it is critical that the Ministry of Defence and War Veterans expedites. Whatever is going to be awarded, we are not looking for millions. Freedom fighters are not greedy, they gave their lives without even knowing what they would get. People must not be worried about how much compensation will be awarded to freedom fighters. They never asked for money but we are only saying as Zimbabweans said in this Constitution, Sections 23 and 84 state that they must be given attention as people who gave us freedom. So we need to do it, this came from the people of Zimbabwe. Let us implement it.
We can only do that if we look at other examples of what other people are doing or rather what even our enemies are doing. The Americans are looking after those who bombed and killed innocent people in Iraq yet our freedom fighters fought for our freedom. We need to look after them. Mr. Speaker, as Parliament and Government, should review our current laws and what we are doing for our freedom fighters. We should review our laws and align them to those of other regional neighbours. We should strive to present any changes to our current laws to Government before the end of this Ninth Parliament.
I am sure that with the Second Republic, what we have learnt, they are very responsive if we bring in things that are correct and responsible. The Second Republic is here to act and I can say this with confidence that if this report goes to the Minister and the Minister responds to it in this Parliament with our recommendations, we may see ourselves making history as the Ninth Parliament for improving the welfare of veterans of the liberation struggle. I thank you.
THE TEMPORARY SPEAKER: Thank you very much Hon. Chief Whip. What you contributed is very touching, brilliant and so pertinent. I just hope that the last point you have raised is not going to fatten the Hansard. That clarion call that you made, that action has to be taken, I just hope that action has to be taken because this is very important. Thank you very much Chief Whip.
HON. TOGAREPI: I move that the debate do now adjourn.
HON. PRISCILLA MOYO: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 4th April, 2023.
On the motion of HON. TOGAREPI seconded by HON. PRISCILLA MOYO, the House adjourned at Twenty-Four Minutes to Six o’clock p.m. until Tuesday, 4th April, 2023.
PARLIAMENT OF ZIMBABWE
Wednesday, 29th March, 2023
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF SENATE
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: Good afternoon Hon. Senators. Hon. Senators are reminded to put their phones on silent or switch them off.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MUZENDA: Thank you Mr. President. I move that Orders of the Day Numbers 1 to 2 on today’s Order Paper, be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN. TONGONGARA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the Presidential speech.
Question again proposed.
*HON. SEN. SIPANI-HUNGWE: Thank you Mr. President. I want to add my voice on the motion which was raised by Senator Mpofu. The President touched on quite a lot of things in his speech. He talked about the children and he was worried about drug abuse among the youth, for example the use of mutoriro, pampers and so forth. As leaders here, let us go back to the electorate and talk to them about our children. What are we going to achieve if we have youths who are addicts in a few years to come? I suggest that we invite the Lord to be with us in trying to control these children. Let us set aside days to pray for God’s intervention since the situation is now out of hand. I heard the previous speakers saying boys and girls go out and have private time on their own which never happened during our heydays. I am requesting Hon. Senators to seek God’s intervention by way of praying and fasting and those who believe in ancestors can also seek intervention so that we have a good country.
The President talked about the rehabilitation of roads. We can see that Government is trying to rehabilitate the roads. Quite a number of roads right now are full of potholes. It is not Government’s fault. We are grateful that God gave us enough rains and there was no way roads could have been rehabilitated during the rain season. Now that the rains are gone, may those roads be rehabilitated. I commend again the Government for realising that the local authorities are not seriously committed to rehabilitate the roads within their jurisdiction. The Government has now intervened to rehabilitate those roads. Now that the rains have ceased, those roads are being rehabilitated.
He even improved on quite a lot of things in education. The President spoke of Bills and we would like to thank him for that. He said most of the Bills should be attended to. We are now about to go for elections, so we should ensure that we have attended to those outstanding Bills before we come to the end of the life of this Parliament. Ministers should bring the Bills so that we attend to them. When we leave, we should have cleared all the Bills, we do not want to leave any outstanding matters.
We are having elections this year. Let us all be peaceful - those were some of the words in his speech. We all belong to this country. It does not matter that you support Dynamos or CAPS, when we go home, we sit at the same table because we belong to the same country. It is just that we want to choose those who are better able to lead for the next five years. It is not a way. We should not fight over this. Let us go as elders and tell our children on the ground that the President does not want any violence and that if anyone engages in violence, they should be arrested and prosecuted. We want a country that is peaceful. With those few words, I thank you Mr. President.
*HON. SEN. CHIFAMBA: Thank you very much Mr. President. My apologies, I responded to you while I was walking. I would like to thank His Excellency the President of this country, His Excellency Dr. E. D. Mnangagwa, for leading the infrastructure development of the new Parliament building. This is something that brought joy to us as children of this country. It is very difficult to live in a country and you do not have something you can point at to say this is ours. It was built with the image of this country and we are very happy. We would like to express joy and acknowledge that indeed a great job was done. We can now point at the new Parliament building as our new home.
We are very grateful for the Beitbridge Border Post infrastructure development. It is with joy we talk about the Beitbridge Border Post. It can actually show that a lot of work is being done in this country. Allow us to speak of the great things that are happening in this country as Zimbabwean children. We are very happy. You can actually see the smooth flow of traffic at Beitbridge Border Post as well as people who are coming in and out. You can navigate with ease from Zimbabwe to the other side, the South African side. Way back, in the old days, we used to sleep at the border, but it is now different with the development of the border post.
We are very happy with women who are being uplifted within the army. We used to think that the army was only for men but again, you can see that women are war liberators. They participated in the war to liberate this country. Everyone stood for their country. May they continue to do that and uplift women within the army and give them high ranks. Even those within the police should also be given high ranks.
We are very happy as women in this country. Society thought the army and police was only for men, but you can actually see that women are being uplifted, women are being given high ranks. Even amongst pilots in this country, we now have women and also others are driving trucks and buses. Women are doing great things, something that was thought to be for men only. So even at work, people think there is a difference between men and women but it is now the same.
We are very happy with the Government programme of Pfumvudza despite having delays of not receiving these inputs in time. Going to the road infrastructure in the country, we are impressed with the road works that are being done in this country but again, we would like to mention that there are other roads in this country, for example in Murewa. Those roads need urgent attention. Just like the previous speaker has mentioned, some of the roads in the country are in a bad state. We cannot continue with such a state of the road network. It is very bad. Our vehicles are being affected now and then because of the bad state of the roads in the country.
We are not encouraging people to speed on these roads but people should pay attention to the state of the roads in the country. We acknowledge some of them were actually done very well, we are impressed. We are now looking forward to seeing roads being given attention in the rural areas. We kindly ask for attention on these roads. Talking about kombi drivers, in most cases, these drivers are very reckless. Thank you very much Mr. President, I do not have much to say.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 30th March, 2023.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I move that we revert to Order of the Day, Number 1 on today’s Order Paper.
Motion put and agreed to.
SECOND READING
CHILD JUSTICE BILL [H. B. 11, 2021]
First Order read: Adjourned debate on Second Reading of the Child Justice Bill [H. B. 11, 2021].
Question again proposed.
*HON. SEN. CHISOROCHENGWE: Thank you Mr. President. I just want to add a few words on this Bill. This is a very difficult Bill and the issue of children is a troubling one. As we speak right now Mr. President, we are now taking blood pressure tablets because of these children. For us to rest our spirits and not to be troubled by these children, we should bring back the issue of corporal punishment.
If children are given corporal punishment at school and back at home, they will never give us a problem in our life. Way back in the old days, they knew with this law that back home and at school they will be beaten up. We are now afraid of these children that we gave birth to. Imagine being told that if you have beaten up your own child you are taken to the police, but when I gave birth to this child, no-one was there, no one even helped me. We should bring back the corporal punishment law.
I was happy when I heard His Excellency mentioning that we should clap these youngsters and instill discipline in them. Let us bring back that law so that we do not live in fear afraid of our own children. Imagine at 8 years these children are taking hard drugs because there is nothing to hinder them from doing so.
I would also like to blame parents because we are not doing much to reprimand our own children. If you get him arrested, you go again to that same police station and get the docket closed. We should put our heads together and make sure that we discipline our children. If a child of 12 years commits a crime, they should be arrested. If possible, police should make use of leg irons so that the society and other children will see that it is a serious issue to committee a crime. If they see that surely the message would have been sent. When they are sent to prison, those 12 to 15 years should be in their own facility not in the same place with adults. Mentally and psychologically, they can be ruined but there should be an opportunity for them to be exposed to adults so that they know that it is not pleasure or entertainment but it is a serious issue to reprimand them. I thank you.
**HON. SEN. NYATHI: Thank you Mr. President for this opportunity that you gave me to debate on the Bill that was brought by the Minister. What I want to say is that Hon. Minister, you did not take much into consideration on this Bill. So many people have mentioned that the children that we give birth to nowadays are abusing parents. The children are acting unlawfully, they no longer respect their parents. What I know is that you respect your mother as old as you are, but I do not know how it came to be when it was said that when a child is 18 years old, he or she is no longer a child but an adult.
If we take into consideration nowadays how children from the 1980s were raised, there were no suicides by young people. Now children are committing suicide because they believe that they are not supposed to be told what to do. Even if a child is disciplined in the house, they no longer respect the parent, they talk back. If you try to discipline them, the following day they will commit suicide.
IAs Senators, if you look back during our time, when we met our elders on the way, we would respect them whether we knew them or not. Nowadays, the children are no longer doing that. They act unlawfully. As a parent, if I see a child doing something bad in public, if I try to reprimand him or her, the child does not take heed of that. Some children will report to their parents, especially if I hit them, even if they were taking drugs or drinking alcohol, the parents will come for me fuming.
Nowadays, you see children from school in our streets taking drugs. When they reach home, they will be violent because of those drugs. If the parent tries to reprimand them, the child will report to the police. They will fabricate some other issues saying things like the parent tried to rape me. If we are airing our voices in this House, let those voices be taken into account for the public to know. Nowadays the teachers are not even disciplining children in schools. The age group between the 1980s and those of today is different. With those few words, I thank you.
*HON. SEN. CHIFAMBA: Thank you Mr. President. I followed this Bill from the Zoom platform being explained by Hon. Sen. Chief Charumbira. I was so touched as a parent who has grandchildren. Hon. Minister, some of these laws, if you take them and put them next to us, they are reeling our children. Our children are no longer disciplined and no longer listening to us because of the age issue which is 18 years. In Zimbabwe, this started a lot of trouble for us. As parents, we actually cry because of our children’s behaviour.
We grew up without knowing that a boy would hold your waist in public. We would run away back in the days but children of this day are no longer afraid to have someone holding their waist, clad in school uniforms, they are no longer afraid of such things. They do not even run away even if they see elders. They continue with what they are doing. We grew up being taught that as long as some people are elders to you, you ought to respect them but these children of ours are not afraid and they do not even run away.
They carry extra clothes in their satchels just to change soon after school and they put on those casual clothes simply because they are now 18 years. As a parent, I am the one who is paying schools fees for this child. If they do not listen to the one who is paying school fees, who is going to pay for them? Is the age of 18 going to pay fees for them or they still need our assistance? All the way up to university or any other course they may think of, they are still under my purview. They are still in my house despite attaining the age of 18 years.
If they so wish, let them practice the age of 18 and survive outside my house. How can a child that you gave birth to stand up to you? In English they say ‘do not answer me back’, but our children are responding to us, which is something foreign to our culture. Way back in the day, if a parent laid her eyes on you, you would know that it is now trouble. The moment those visitors leave your house, you know that I am going to be in trouble.
As we speak, 12-year-olds are now indulging. We have a child who died at Godfrey Huggins at a very young age. That boy was buried. I am talking about a Grade 6 child who was inhaling gas. Imagine a boy as young as six years, children are indulging in drugs. My humble plea Hon. Minister is we kindly ask you to give us the power to discipline these children. We are the ones who give them food and clothing. These children in school should be beaten up and given corporal punishment. That should be done as a way of disciplining them. Today, it is because they know that the teacher will never do anything to them.
We hear a lot of stories that children are doing as they wish in schools in front of the headmasters. The children should be afraid that they have met someone who is older than them. If we give them freedom, we are bringing trouble. I was reported to the police and my own child took me to the police. I took her there because she was now a problem to me. I actually asked her to go to school looking like that with bruises because I promised her that the next time she gives me a problem, I would take her to the police station.
A child is not an egg and I will never kill my child. We have cases of parents who are killing their own children. It is possible and it is happening but we will never go to that extent. We are Zimbabweans and some of these laws are not meant for us. We are Africans, dark skinned people and we should discipline our children. How do I discipline such a child? The problem is I will never get tired to discipline these children. When they grow up, they will be regretting because I will never get a chance to talk to my own child. Even a boy child will just go to their in-laws and behave disrespectfully.
Eighteen years is a curse on us. The age is actually going down. Kindly assist us as parents. You can assign chiefs roles in their respective areas so that they discipline these children. In rural areas, we are embarrassed as parents. You wonder where this child is coming from but they should not be wondering like animals that have no direction and have no place of fixed aboard. They should be disciplined and we should create and initiate a cap on their behaviour. We should put an end to errant behaviour by these youngsters.
Imagine all this will be happening inside my own house. I give them clothing and food and what do I get? I get an in disciplined child in return. Imagine a Grade 6 child, a boy and very young inhaling gas. Our children are smoking marijuana and they spend the whole day glued on a bridge. In Samora Machel, our kids are displaying and flushing their bodies which is such an embarrassing act.
Let us not allow these kids to do as they wish. Where are these kids coming from at 6p.m. - you find someone coming back home from playing. That is not normal. Imagine if that child is impregnated, I have to take care of my daughter and I have to take care of the grandchild because the husband cannot take care of the mother and the child. Thank you very much Mr. President.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you very much Mr. President. I just wanted to bring clarification on what the Bill is all about. It is not about child delinquency but instead, we are saying children should have their own courts different from those subjected to adults. That is what the Bill is all about. There is another Bill coming that is the Children’s Amendment Bill. That one you can express yourselves as you are doing now. Thank you.
*HON. SEN. SIPANI-HUNGWE: Thank you Mr. President for giving me this opportunity to debate on this Bill. I was listening when debate took place yesterday. When a child commits an offence at the age of 12 years, the child must not be sent to the same prison with adults as this will actually ruin their future. I would like to acknowledge that children are committing crimes at a very tender age. The ages of 5 to 8 years are committing crimes. May the Hon. Minister look into this issue?
The children must not be mixed with adults, they should not be mixed with those who commit serious crimes. We must find a plan on what we are going to do with these children. I read the Bill, understood it and I support it. I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I would like to thank Hon. Sen. Hungwe for her contribution. The law right now states that children aged 12 years and above are the ones who can be taken before a judge or magistrate. Those below the age of 12 cannot be said to have committed a crime. This Bill is focusing on children who are from the ages of 12 years to 18 years. This is a very good Bill; it allows our children who would have committed a crime the ability to be rehabilitated. When they grow up, they will be reformed, they will be new people and would have been moved away from misbehaving. This is the main objective of this Bill. I would like to thank all the Hon. Senators who have contributed to this Bill.
With those remarks, I now move that the Child Justice Bill [H.B. 11, 2021] be now read a second time.
Motion put and agreed to.
Bill read a second time
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
CHILD JUSTICE BILL [H. B. 11, 2021]
House in Committee.
Clauses 1 to 90 put and agreed to.
On clause 91:
*HON. SEN. TONGOGARA: Thank you Mr. President. I want to ask the Minister of Justice, Legal and Parliamentary Affairs about the Community Court. At what age are they starting? Are those ages 12 to 18 years and also the children who are below those ages, do they qualify for community service? Thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. Chairman. What clause 91 is saying is what is there. We do not ask general questions about the Bill so the question should focus on that clause which we are talking about, not any other things.
*THE CHAIRMAN: Did you get that Sen. Tongogara? You should be specific, whether it is clause 1 where exactly in clause 1, which subclause. You should be specific that this word is left out or there is something that has been left out, we need to add something.
Clause 91 put and agreed to.
Clause 92 to 93 put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading, With leave, forthwith.
THIRD READING
CHILD JUSTICE BILL [H. B. 11: 2021]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the rest of the Orders of the Day be stood over until Order of the Day, Number 9 has been disposed of.
Motion put and agreed to.
MOTION
CONSTRUCTION OF SCHOOL INFRASTRUCTURE AND RECRUITMENT OF ECD TEACHERS
Nineth Order read: Adjourned debate on motion on the challenges affecting early child learning.
Question again proposed.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President for giving me this opportunity to add a few words on access to early childhood learning. Firstly, the challenge of not having electricity in rural areas while those in urban areas have creates a huge gap. You will notice that in urban centres, a child who is not even in grade zero can play around with electric gadgets but those in rural areas, even those in secondary schools are not familiar with technology. So, I think the issue of electricity should be addressed.
The other thing which hampers this idea of early childhood learning is the issue of family. If the parents are separated or if parents work far away and children are being looked after by relatives or workers, it is another issue which should be looked into seriously because there is no-one who is taking much care of these children. Also, if the parents are divorced, if someone has a child and they are not staying together, you will find that for a woman to take the child to school and monitor as well will be a struggle. Those children’s start is not very good, which means that when they go forward up to grade seven to secondary level, they will lag behind. So, I am appealing to people that when you decide to have children, you should not divorce. You should stay together so that you look after your children. Divorce may be caused by trivial issues because you will be just looking at yourselves not thinking about the well-being of the children. This will not help the children for them to assist you in the future. I thank you.
HON. SEN. MABIKA: Thank you Mr. President. I would like to thank everyone who contributed towards this motion. I now move that the House adopts this motion. I thank you.
Motion that this House –
ACKNOWLEDGING, that education is a right for every citizen and permanent resident in Zimbabwe;
COGNISANT, that the State, through reasonable legislative and other measures, must ensure that education is progressively available and accessible even to adults as constitutionally obligated;
FURTHER ACKNOWLEDGING, the importance of Early Child Development (ECD) in laying the foundation for children through education;
CONCERNED, that Early Child Development (ECD) is confronted with a myriad of challenges such as inadequate funding, shortage of classrooms, Information Communication Technology (ICT) equipment, teachers and reading materials, among others;
This House calls upon –
- The Ministry of Primary and Secondary Education to prioritise the construction of school infrastructure and recruitment of teachers for Early Child Development (ECD); and
- The Ministry of Finance and Economic Development to provide adequate financial resources for Early Child Development programmes, put and agreed to.
On the motion of HON. SEN. MUZENDA seconded by HON. SEN. CHISOROCHENGWE, the Senate adjourned at Ten Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 29th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
THE HON. SPEAKER: I make an observation that those who want to attend in person - the majority, except two (2) on my left and about six (6) on my right, were there for prayers. This is your House, you must respect it. Be here for the prayers before we begin.
ANNOUNCEMENT BY THE HON. SPEAKER
EXTENSION PERIOD OF CONSIDERATION FOR THE MINES AND MINERALS AMENDMENT BILL
THE HON. SPEAKER: I have to inform the House that in terms of Standing Order Number 33 (8), the Parliamentary Legal Committee sought an extension of the period to consider the Mines and Minerals Amendment Bill [H.B.10;2022], and the extension was accordingly granted for a further twenty-six (26) business days.
ZIMBABWE-PALESTINIAN PARLIAMENTARY FRIENDSHIP ASSOCIATION
THE HON. SPEAKER: I have to inform the House that Hon. Members wishing to join the Zimbabwe-Palestinian Parliamentary Friendship Association should contact Mr. A. Mapetere, the Committee Clerk on 0712 313 170 or extension 2074. Please take note of the limited number of the membership, which should not be more than fifteen (15) members.
APOLOGIES RECEIVED FROM THE EXECUTIVE
THE HON. SPEAKER: I have received apologies from the Executive:
- C.D.G. N.Chiwenga, Vice President and Minister of Health and Child Care;
- J. Moyo, Minister of Local Government and Public Works;
- Dr. A.J. Masuka, Minister of Agriculture, Lands, Water, Fisheries and Rural Development;
- M. Mutsvangwa, Minister of Information, Publicity and Broadcasting Services;
- O.C.Z. Muchinguri-Kashiri, Minister of Defence and War Veterans Affairs;
- Prof. M. Ncube, Minister of Finance and Economic Development;
- Prof. A. Murwira, Minister of Higher and Tertiary Education, Innovation, Science and Technology Development;
- K. Kazembe, Minister of Homes Affairs and Cultural Heritage;
- R. Maboyi-Mavhungu, Deputy Minister of Home Affairs and Cultural Heritage;
- Hon. W. Chitando, Minister of Mines and Mining Development;
- Hon. P. Kambamura, Deputy Minister of Mines and Mining Development;
- Hon. P. Mavima, Minister of Public Service, Labour and Social Welfare;
- Hon. Dr. S. Nzenza, Minister of Industry and Commerce and
- Hon. D. Garwe, Minister of National Housing.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. NDUNA: My question is directed to the Minister of Public Service, Labour and Social Welfare. According to the statutes Hon. Speaker, there is optional pensionable age at 55 and there is automatic pensionable age at 65 years. What is Government policy insofar as it relates to disbursement to the pensioners the money that they are supposed to receive monthly as a lump sum when they need to use it for medical expenses before their medical condition takes them away from this earth?
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. MATUKE): If I understood the question, he wants to find out whether there can be early disbursement before the pensionable age. I would say you cannot get your pension before you get to your pensionable age. If the policy is going to change anytime, it will be made through Parliament which comes up with that suggestion - but currently, you have to get your pension after you get to your pensionable age. I want to thank you so much.
HON. NDUNA: I had actually observed the pensionable age; the first one to be 55, which is optional and the automatic one 65 years of age. Thereafter, during the subsistence of that pensionable age, disbursements when the pensioner is now at home. What is the Government policy? Is there room for Government to incorporate a statute or have a statute that disburses a lump sum of those disbursements instead of monthly to alleviate the plight of the suffering elder pensioners who want to use that lump sum for health reasons and healthcare. Mr. Speaker, aware that the Protocol to the African Charter and indeed our own Constitution does deal with the rights of all the persons, including their health. Would it be …
THE HON. SPEAKER: Hon. Member, you are now debating. Just ask your supplementary question.
HON. NDUNA: A plethora of statutes, including the African Charter, speak to the health of the elder persons, including their human rights. Would it please the Minister to have a statute in place that disburses that money as a lump sum so that it can take care of the health of the pensioners who are already receiving their emoluments?
HON. MATUKE: I want to agree with the Hon. Member. There is a Bill coming to Parliament to address those issues very soon and I am sure it will be able to address what you raised and even more. Thank you.
HON. P. D. SIBANDA: My supplementary question to the Hon Minister is that throughout the years, the quantum of pension that our pensioners are getting has been eroded by inflation and other factors to the extent that a pensioner is unable to travel to go and collect his/her monthly pension. What is government doing to restore value to the pensions that our pensioners are earning and also protect the dignity of the same pensioners? I thank you Hon. Speaker.
HON. MATUKE: The issue of monetary erosion is affecting the entire economy and does not spare our pensioners. However, as I indicated, we have a Bill coming to this House which will enable us to raise issues to do with pegging the pension into US$ but you cannot then change the system because it has to align with the monthly earnings of our employees. I am only indicating that when the Bill comes, Parliament will be in a position to interrogate and make sure that they make the necessary changes in the Bill.
HON. MADZIMURE: We have a special category of pensioners of people who suffered injuries during the war. In a situation like this one, it becomes more difficult for them as some of them have no limbs and want the limbs replaced. Some of them have permanent injuries and need to visit the doctor on a monthly basis. Is the Minister considering inclusion of a clause in the new Bill that will cater for those people to have special medical cards that will allow them to get specialized treatment in general or private hospitals?
HON. MATUKE: Hon. Speaker, I am sure what the Hon. Member is trying to put across is a request and I am sure it is worth considering when the Bill comes. We can take note of that.
HON. MARKHAM: Hon. Speaker, I understand what the Minister is trying to say. My question is: we have got civil servants who have had up to 400% salary increase. I have just received from an old people’s home, a request for what is going to happen to their pensions because rates in the City of Harare have gone up five-fold. What is the immediate solution for pensioners? I thank you.
THE HON. SPEAKER: I will indulge that because we need to stick to policy and not issues that affect a particular locality.
HON. MARKHAM: Thank you Hon. Speaker, may I rephrase it? What is government’s policy to help the pensioners immediately in view of the increase in salaries for workers and the five-fold increase in rates?
HON. MATUKE: Mr. Speaker, may I be given time to research on this very important question because I do not have an adequate answer for him now. I thank you.
THE HON. SPEAKER: I hope the Hon. Minister will come back and clarify issues.
(v)HON. S. TSHUMA: My question is directed to the Minister of Environment, Climate Change and Tourism. Is it a new norm that wild animals such as rhinos and elephants are now roaming outside the National Park? Such incidences are taking place in areas such as Chizarira National Park. What is government doing in order to protect human life?
THE HON. SPEAKER: Thank you Hon. Tshuma, your question is specific in relation to Chizarira National Parks. You should have put that question in writing. I thank you.
(v)HON. NKANI: Mr. Speaker Sir, I would like to find out what government policy is on…
THE HON. SPEAKER: Can you deal with the reverberation. We can hardly hear the Hon. Member. Hon. Member, can you kindly repeat your question.
(v)HON. NKANI: What is government policy…
THE HON. SPEAKER: Hon. Member, can the people around you switch off their gadgets please? They are interfering with the system or your radio.
(v)HON. NKANI: There is no radio here Mr. Speaker Sir. My question is directed to the Minister of Transport and Infrastructural Development. What is government policy on privatization on uncompleted road construction works in 2023?
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Let me thank Hon. Nkani for that very important question. Hon Speaker Sir, with the advent of heavy rains …
THE HON. SPEAKER: Hon. Minister, can you remove the other gadget? Sorry about that.
A laptop was removed from the Table.
HON. MHONA: Thank you Mr. Speaker. I was saying with the advent of the heavy rains, there was a slowdown to rehabilitation of our roads. I want to assure Hon. Nkani that yes, per each province, we have prioritised roads so that we embark and resume the Emergency Road Rehabilitation Programme (ERRP). If you have seen, we have started on a number of roads as we speak so that we then move with speed to reconstruct. Also, you will be seeing us doing the grass cutting, pothole patching and in some cases reconstructing roads. I want to assure him that each province has got a unique set up where we are going also to consult Resident Ministers and also the local leadership so that they give us their priority list in terms of the roads that they want us to embark on. Thank you Mr. Speaker Sir.
HON. NKANI: My supplementary question Mr. Speaker Sir, is that I need clarity because we have roads which were already under construction and not yet completed. May the Minister clarify on whether his Ministry is going to start with those and have them completed or they are going to embark on new roads?
THE HON. SPEAKER: I am afraid your question is asking for specific information and I suggest you follow up that question in writing so that the Hon. Minister can research on the matter.
*HON. HAMAUSWA: Thank you Mr. Speaker Sir. My supplementary question is that the Minister said his Ministry will be consulting the Resident Ministers and the local leadership so that they have their prioritised list in terms of the roads that they want to be rehabilitated. Is the same programme also extended to urban areas so that we can also inform our constituents to have their prioritised lists for roads rehabilitation programme?
THE HON. SPEAKER: Primarily, roads under local authorities do not fall under the Ministry of Transport and Infrastructural Development. However, there is a programme to assist local authorities. Perhaps from that angle, the Hon. Minister may want to respond.
*HON. MHONA: Thank you Mr. Speaker Sir. I also want to thank Hon. Hamauswa for his question. Thank you Mr. Speaker for the explanation that you clearly gave. It is true that roads in urban areas are under the local authorities but the fact that sometimes local authorities face some challenges, we end up assisting them. I also want to thank Government for the programme to inform residents around, and Hon. Hamauswa is also part of those who approached our offices indicating some roads that have been damaged which need rehabilitation. Hon. Members can liaise with the Ministry so that we can assist in the construction of roads in their respective constituencies. If local authorities are facing some challenges, we cannot let them fail. We are going to work together with the local authorities so that we rehabilitate our road infrastructure.
(v)*HON. T. ZHOU: Thank you Mr. Speaker Sir. My supplementary question is that there are different roads which were under construction and rehabilitation in different provinces. What Government plans do you have in place to safeguard Government funds and ensure that resources are not going to be wasted by redoing the same portions that have been worked on before?
*HON. MHONA: Thank you Mr. Speaker Sir. I also want to thank Hon. Zhou for the question. Considering the coming of the Second Republic, we are not in a rush to make payments if the roadworks is not completed to our satisfaction. Last year, companies were invited to come before the Ministry to explain if the money they are charging is equivalent to what is to be spent. In that regard, the Government has not yet paid them. It is waiting for contractors to come and give a detailed financial expenditure and such roadworks have been suspended a little bit. All the projects that are now taking place, it means that Government has agreed with the contractors to go ahead and complete the project and they will be paid after completion of the work. Thank you.
HON. MOKONE: Thank you Mr. Speaker Sir. My question is directed to the Minister of Energy. In his absence, I redirect it to the Leader of the House. What is Government policy as regards providing alternative power supplies to critical areas in the country such as hospitals and water pumping systems?
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. NHONA): Thank you Mr. Speaker Sir. Let me also thank Hon. Mokone for that important question. Indeed, we had a number of shortages of power supply which was quite advent and a number of places were affected. Under normal circumstances, such critical services are prioritised where we are talking of hospitals because of the services that are provided. Also, at this juncture, to thank again Government through the initiatives, the coming on board of unit 7, Hwange which is also going to be adding directly to what is being consumed by the nation.
I want to assure the Hon. Member that under normal circumstances, priority is given to hospitals and in that regard, that should also continue. Thank you.
(v)HON. MAHLANGU: Thank you Hon. Speaker Sir. As much as the Hon. Minister has said they are prioritising the hospitals, at Mpilo Hospital, there has not been electricity and a number of other stations were affected in terms of supplying water to Mpilo Hospital.
HON. MHONA: Thank you Hon. Mahlangu for that very important follow up question. However, since the Hon. Member has indicated specific areas, with your indulgence, I will indulge my counterpart so that he can investigate and see why Mpilo and other pumping stations are being affected. Thank you.
HON. CHIDHAKWA: I would like to know from the Minister if they have any plan to have back up power because there is also solar energy and generators instead of waiting for ZESA alone.
HON. MHONA: Thank you Hon. Speaker Sir. Let me also thank Hon. Chidhakwa. There is a Renewable Energy Policy in place where we are also pursuing other very important strategic issues to address complementing what we have for the endowment that we have as a country in terms of solar.
I also want to say to the people of Zimbabwe that there is an option to contribute to the grid if you are also producing excess where you can be rewarded by contributing directly to the grid.
I want to say Hon. Chidhakwa, that is a good observation where we cannot wait upon the ZESA alone but also pursue other very important options. I thank you.
HON. MADZIMURE: Thank you Mr. Speaker. My question is directed to the Minister of Sports, Culture and Recreation. It is now over a year since Zimbabwe was suspended by FIFA. The reason that was given was Government interference.
Over this period, a lot of things have been happening in sports, many of our children have been growing up losing the opportunity to expose their talents in participating in various and many soccer activities that have been happening. The Minister has been telling this House that there is a programme that they are following to ensure that Zimbabwe is readmitted. Can the Minister be honest to this House and tell us if there is anything that is happening or Zimbabwe has surrendered that it will not be part of the soccer community of this world?
THE MINISTER OF SPORT, ARTS AND RECREATION (HON. COVENTRY): Thank you Mr. Speaker Sir. In terms of policy, I am not sure where this question lies exactly besides the Sport and Recreation Commission standing up for female referees who were sexually abused and for misconduct in misappropriation of funds. As I have said before to this House, the investigations are continuing and it has not been two years.
As we have said and as you would have read in the newspapers this morning, the ZIFA executive has handed over their roadmap, it has been given to SRC. The SRC Commission and ZIFA executive are working well together. They have a strategic plan that has been moving forward, the conversations with CAF and FIFA are ongoing. I cannot comment on either of those to this House sadly, but there should be some developments in the next five to 6 weeks. I thank you.
HON. MADZIMURE: Mr. Speaker, the roadmap cannot come from ZIFA because it is the Sports and Recreational Commission that caused the suspension. May the Minister be honest and say exactly where the roadmap is coming from because it cannot come from the Association which was suspended because of the national commission. It was suspended because of the Sports Commission.
HON. COVENTRY: The roadmap has to come from the federation as agreed by SRC with ZIFA. The new ZIFA Executive that was voted in last year. They are the ones that have sat down with the Sports and Recreation Commission (SRC), they are the ones that have taken the recommendations from the Commission …
THE HON. SPEAKER: Order, order! Hon. Minister, do not waste your energy, the questioner is not listening to your answer. Please sit down.
HON. HWENDE: Thank you very much Hon. Speaker. My supplementary question is: the issue that is here is that ZIFA has been suspended because of the interference of the Ministry of Youth, Sport, Arts and Recreation through the Sports and Recreation Commission; and they are clear that as long as you do not reinstate the former ZIFA President, ZIFA is going to remain banned.
So the solution is supposed to come from the Minister – this is why we are asking Hon. Speaker, that she can tell us the roadmap because it is now over two years, we are not having any soccer. Even the stadiums that she was supposed to correct, she has failed just to fix our stadiums so that they can be at the standard that FIFA expects. So there are a lot of problems in FIFA and we genuinely want her to respond to …
THE HON. SPEAKER: What is your question Hon. Hwende?
HON. HWENDE: We want her to state the …
THE HON. SPEAKER: We want the Hon. Minister!
HON. HWENDE: We want the Hon. Minister to tell us the steps that Government is taking in order for ZIFA to be restored to the community of nations by FIFA.
HON. COVENTRY: Thank you Hon. Speaker. Hon. Speaker, the ZIFA Executive and the former ZIFA Board were suspended by the Sports and Recreation Commission first and foremost, and not by the Ministry.
Secondly, the new ZIFA Executive have been working with the SRC on a roadmap that is public.
Thirdly, the national football has been happening; the clubs have been happening, students have not been missing out on anything. The roadmap has been shared with the public – it is all there. The roadmap was very clear that after the recommendations were given to the SRC, permission - [HON. HWENDE: On a point of order Mr. Speaker Sir]-
THE HON. SPEAKER: Can you wait until the Hon. Minister is finished.
HON. COVENTRY: The ZIFA Executive will take the report, compile a roadmap and share it with the SRC Board which was done last Friday. There were clarifications that have happened this week, they have now agreed on the next steps. This has all been public knowledge. It was in the national newspaper this morning. I am not sure how much clearer I can be with what the next steps are. Thank you Mr. Speaker Sir.
HON. HWENDE: On a point of order Mr. Speaker Sir! I think it is important for the Hon. Minister to stick to the questions. We are Members of Parliament and we are asking as Members of Parliament; I am asking the question in my capacity as Member of Parliament for Kuwadzana. She cannot refer me to the public like what she is saying. I have asked here in Parliament. We want to know the steps that the Government is taking …
THE HON. SPEAKER: Order Hon. Hwende! May you please stick to our parliamentary language?
HON. HWENDE: Thank you and sorry for that. Hon. Minister, we simply want you to state the steps that the Government, through the Sports and Recreational Commission, is taking in order for Zimbabwe to be reinstated by FIFA so that we can participate in world football – that is the simple question that we are on.
THE HON. SPEAKER: That is the clarification Hon. Minister.
HON. COVENTRY: Thank you Mr. Speaker Sir. I apologise, I did not realise that Members of Parliament were not part of the public. My apologies for that.
Mr. Speaker Sir, the steps which Government is taking as a Ministry, we are fully supporting the Sports and Recreation Commission …
THE HON. SPEAKER: Order, order Hon. Minister! Could you withdraw the statement that you were unaware that Members of Parliament are not part of the public? – [HON. MEMBERS: Inaudible interjections.] – Order, order, we do not accept cynicism in the House.
HON. COVENTRY: No problem Mr. Speaker Sir, I apologise for making reference to Members of Parliament being part of the public. I apologise for that and withdraw it.
THE HON. SPEAKER: Please proceed.
HON. COVENTRY: Mr. Speaker Sir, as I said, the Ministry is fully supporting the Sports and Recreation Commission in every step they have taken. The Ministry is fully funding the Executive, the staff of ZIFA House so that they can run as normal. We have been financially supporting them since the suspension. We will continue to do that – that is the role of the Ministry.
The role of the Sports and Recreation Commission is to work with ZIFA to find a way forward – they are doing that. Once they have done that, once they have agreed on that, they will take that to CAF and FIFA and we should see a result. Thank you Mr. Speaker Sir.
HON. GONESE: Thank you Mr. Speaker Sir. My supplementary question to the Hon. Minister of Youth, Sport, Arts and Recreation is that she is making reference to the new ZIFA Board…
THE HON. SPEAKER: It is the Hon. Minister is making reference!
HON. GONESE: Yes, the Hon. Minister is making reference to the new ZIFA Board which she is intimating. Can she explain to us when was that ZIFA Board elected into office? The position or the basis upon which Zimbabwe has been suspended from all football activities is because the Sports and Recreation Commission suspended a duly elected ZIFA Board that has been deemed to be Government interference in footballing matters which is against the FIFA statutes. Can the Hon. Minister justify the continued Government position or policy relating to that in the context of firstly, the suspension of Zimbabwe bearing in mind that we had a similar situation with Zimbabwe cricket? Government had to eat a humble pie and reinstate the Cricket Board because it was against the ICC statutes. We are seeing a repetition of that same error. Can the Hon. Minister clarify those matters which are very critical? The current board was not elected at all but was handpicked, if she can explain?
HON. COVENTRY: Thank you Hon. Speaker and thank you to the Hon. Member. Mr. Speaker, the current Executive Committee was duly elected last year – I would have to go back and get the exact date.
Of the former committee that was suspended by the SRC, suspension was lifted for three of those members and the other three are still facing court challenges. I cannot speak to that either Mr. Speaker Sir. So I am not too sure what the clarity of the question is. The Ministry will stand firm with the suspension of the ZIFA. We interfered for the reasons that are already out there that the public and Members of Parliament know. I shared with them the last time. The Ministry as well as Government will stand firm and stand behind the Sports and Recreation Commission in the expulsion and the suspension of the former ZIFA Board until we see things moving forward. Thank you Mr. Speaker Sir.
HON. GONESE: She has not adequately answered my question.
THE HON. SPEAKER: What was your question?
HON. GONESE: I said what is the justification …
THE HON. SPEAKER: Order, order! It is for the Chair to make that judgement. What you can seek is clarification. May you proceed?
HON. GONESE: Thank you Mr. Speaker. The clarification I am seeking is that I had asked the Hon. Minister to explain the justification for the stance taken by the Sports and Recreation Commission in the context of the fact that FIFA has said it in black and white that Zimbabwe will not be reinstated in the community of world football until that ZIFA Board has been reinstated. I gave the example of Zimbabwe Cricket where the Government had to eat a humble pie and reinstate the Cricket Board for Zimbabwe to be able to participate in cricket. So that is the question that I needed clarification on.
THE HON. SPEAKER: Hon Minister, I think the issues revolve on, to what extent Government is communicating with FIFA to find a way forward in lifting up the ban.
HON. COVENTRY: Thank you Mr. Speaker Sir. For clarity, the reasons that the SRC stepped in and suspended the board were three main reasons. The first reason was that Government had given ZIFA about US$2 million that has never been accounted for, not FIFA money but Zimbabwe money that parliamentarians should want to know where it is gone. That was never accounted for. Secondly, four female referees have come forward and given their statements to police and they have been investigated. Three of those members were on the board. One of those members has already received a lifetime ban from FIFA from their own investigations that have been done over the last two months with a SF25 000 fine. I am sure we can get those details for you if you would like specific names.
FIFA is now investigating the second member that was on the board that was sexually abusing and harassing these women. As I just said, the first member has been found guilty by FIFA and is serving a lifetime ban from soccer and SF25 000 fine. The second one is still being investigated by FIFA. FIFA knew that this was happening in 2018/19 when these women filed an appeal with FIFA and got no response. They then came to Government – SRC, Government and my office worked together with these women to ensure that police reports were done and statements were made. We then went back to FIFA and CAF and we requested for them to step in but they refused. We then stepped in and suspended the executive for the things that I have just shared with Members of Parliament, which I have shared previously.
We then stepped in and as you know, FIFA then stepped in afterwards to suspend us from international soccer. We accepted that. We have never asked them to lift it. We do not want them to lift it at this point until we have cleared and cleaned up our soccer. We are not doing as other Hon. Members may say a disservice, a disservice to who – [HON. BITI: Do you watch soccer?]- I do watch soccer.
THE HON. SPEAKER: Hon Biti, can you please listen. Thank you.
HON. COVENTRY: The Ministry and SRC will stand together with these women along with the corruption that has been going on for as long as it takes. Those are the steps we have laid out. The steps that have been taken have been followed. The process now is, the ZIFA executive that was duly elected has given their roadmap and the points that they want to clarify and clean up. They will work with SRC and they will give those reports to CAF and FIFA and we will then go further when we get those responses.
HON. TEKESHE: My question is directed to the Minister of Transport and Infrastructural Development. Motor vehicles on our roads are increasing at a very alarming rate and so are the accidents. What does the policy say on compensation of accident victims?
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Let me thank Hon. Tekeshe for that very important and emotional question where we are losing lives on our roads at an alarming rate. There is need to move with speed on the promulgation of the Road Accident Fund which will also come before this august House. I want to agree that as a country, we are highly rated in terms of carnage that we witness on our roads which must not continue and which calls for a holistic approach as a citizenry. Some are attributed to human error, defects of cars but a larger percentage goes to human error where we are busy using our phones and no longer respecting our regulations.
As a Ministry, we are also going to be calling for a stakeholder platform where we are going to deliberate on these very important issues so as to mitigate the carnage that we are witnessing. I want to say to the Hon. Member and to the august House that indeed, Road Accident Fund is something that we are also seeking concurrence from the respected august House so that we have in place, but you then find that in other jurisdiction, it will then cater for those that are injured and in other areas, they go to the extent of looking after the beneficiaries and those that are injured. We are saying this is what we are benchmarking within the region to say how the same fund is being administered. I want to assure the august House that very soon, we will be tabling the same after engaging widely as enunciated in the Constitution, to seek indulgence from the people of Zimbabwe under Section 141. Precisely, this is what we are going to be doing Mr. Speaker Sir.
THE HON. SPEAKER: The front bench on my left, there is no need for you to squeeze like that. There is plenty of room that side.
HON. TEKESHE: I would like to know from the Minister who is supposed to compensate the accident victims? Is it the bus operators or Government?
HON. MHONA: Thank you Mr. Speaker Sir. For any vehicle to traverse on our roads, you are supposed to have a passenger liability insurance in place. Under normal circumstances, the vehicle owners, whether they are buses or private cars, are supposed to meet and also pay adequately for the compensation.
If you look at our insurance policy, it actually covers - if it is full comprehensive cover, that there is also a liability to third parties, whether it is injury or death. This is where people are supposed to be compensated but you find in a number of cases Hon. Speaker, we do not adequately insure our vehicles and we have this challenge. Where there is a disaster, that is where you find Government coming in also to assist the bereaved and also to try and address those that are injured. Under normal circumstances, whether it is a private or passenger vehicle, you are supposed to adequately cover for injuries whether to the passengers and also for the vehicles themselves. Thank you.
HON. HAMAUSWA: My supplementary question to the Hon. Minister is that whilst the requirement for bus or transport operators to compensate the victims or also to have their vehicles being tested to be roadworthy, our roads are not also in a good state which guarantee the lives of travellers. I want to ask in light also of the declaration by the Head of State that our roads are in a state of emergency - in this situation, what is the Government policy in a situation where accidents are happening as a result of bad roads which we all know that they were declared a state of emergency?
HON. MHONA: Contrary to what my fellow colleague is saying Hon. Hamauswa, where we have witnessed that we have got excellent roads, we are witnessing a number of accidents. Precisely, there is no correlation to the statement that has been posed by Hon. Hamauswa. Where the road is damaged, at times you then reduce speed naturally so that you then navigate properly. However, where we have witnessed reconstruction of roads, you find that there is the element of speeding again, which is also contributing to the number of accidents that we are witnessing, but not to defend that the state of roads must continue such that we avoid accidents.
I want also to appeal to the people of Zimbabwe that it is not only the state of the road but also the mindset, culture and attitude that we are witnessing on our roads where people are no longer observing the regulations, sticking and abiding to the dictates of safety on the roads. Precisely, what we are calling for is the humble approach when you are using the road. You find that those who are dying are also innocent where even the state of the vehicle might not be serviced. So there are a number of variables but I also want to assure the Hon. Member that yes, it is the mandate of Government to make sure that our roads are trafficable and we will continue on that trajectory.
(v)HON. S NDLOVU: My question is directed to the …
THE TEMPORARY SPEAKER: Sorry, Hon. Ndlovu. Is that a new question, I thought maybe you would want to ask a supplementary question. If it is a new question, we still have other Hon. Members who would want to ask some supplementary questions. I will give you the floor after we have finished with the supplementary questions.
(v)HON. S NDLOVU: Thank you Mr. Speaker Sir.
HON. NDUNA: Would it please the Hon. Minister to use distance over speed is equal to the time taken or distance over time is equal to the speed taken between the Toll Plazas or Gates in order to use computerisation for the good order of the citizens of Zimbabwe to avoid, avert and completely remove the scourge of accidents. Would it also please him to completely abolish the third-party insurance and also enforce the compensation for passenger insurance. For those that are injured, it is about US$2 000 and those that are bereaved it is about US$4 000. Would it please the Minister to concentrate on those two issues: I pray Mr. Speaker Sir, in order to compensate those that are injured and the bereaved.
HON. MHONA: Let me thank Hon. Nduna for the suggestions which are very noble and he cited the issue of taking advantage of time difference in terms of speeding where one would actually be penalised when you approach a tollgate if you were speeding along or in-between. Also to say yes, these are some of the mitigatory measures that we will also take on board to consider and avoid the issue of speeding, and also the solution that he has proffered in terms of enforcement to say the compensation amounts which is something that will also emanate from this House. So I totally agree. Thank you.
#HON. L. SIBANDA: I would want the Hon. Minister to explain to this august House what assistance is given to people who are disabled or lose their source of income or livelihood as a result of a road accident?
*HON. MHONA: I want to thank Hon. L. Sibanda for the important question she has raised. Yes, it is true that someone might lose use of a part of their body resulting in the loss of their income. This is another matter that we are looking at through the Traffic Safety Council following up on people who will have become disabled due to road accidents to see how they can be assisted. Some might have left young children behind but through the Road Accident Fund that we are putting in place, these are some of the issues that will be looked into to ensure people recover their source of livelihood they might have lost due to an injury they incurred through road accidents, to see they are assisted or compensated. This will come through Parliament and we will debate on these issues and come up with measures that will be put in place to address this.
HON. BITI: My supplementary question to the esteemed Minister of Transport is that there is a challenge of compensation to accident victims and the Minister has a simple solution which is to amend Section 23 and 24 of the Road Traffic Act which limits the amount of compensation that can be paid by insurance houses in respect of third party insurance. If the maximum is US$2 000, whether a person has died or lost a limb and the maximum is US$4 000 for an entire bus. Can you imagine 75 people in a bus sharing US$4 000? So the Minister can easily amend Section 23 and 24 of the Road Traffic Act.
Secondly, third party insurance funds are accumulating millions yet small amounts are being paid to victims. Third party insurance needs to be revisited in Zimbabwe because insurance houses are milking and creaming off money and not paying victims. So the Minister should direct that the Road Victim Fund should be funded by the bulk of contributions in third party insurance. I thank you.
HON. MHONA: Let me thank my fellow learned senior colleague that through the submissions that he has proposed and if you remember Hon. Speaker, I have alluded to the fact that we are going to be calling for an all stakeholders meeting where we are going to be soliciting for views. These are some of the views already coming from the Hon. Member, Hon. Biti that yes, you find some of our statutes and Acts are archaic and we have taken long to revisit some of these statutes which therefore calls on us to look and try to revisit some of these Acts. He has cited the Road Act Number. 13: 18/80 which is very important and would address the Sections 23 and 24 that he has talked about.
It will also go a long way and I would also want to concur with him that some of what we are also paying now does not make sense. As we promulgate the Road Accident Fund, we are going to be addressing this but since the powers vested in this august House within the members in our midst, I will also move with speed and try to address the relevant section even before the promulgation of the Road Accident Fund. So I want to thank him very much for the submissions.
HON. S. SITHOLE: My follow up question to the Minister, I want to go through the question asked by Hon. Hamauswa. Some accidents happen because of potholes. So the Minister must tell the House that those accidents caused by the potholes, who will pay because the Minister is saying these transporters, the insurance must pay. What about the accidents caused by potholes, who is supposed to pay? The Ministry or the Government?
HON. MHONA: The architecture of our Government, we have got the Judiciary and whoever is aggrieved has the recourse of the courts where he can approach the courts to seek redress to your concerns. I am happy that Hon. Sithole has cited such a very important element and where our citizenry in terms of being aggrieved, they still have the right to approach the courts so that you can be compensated adequately. In the event that the accident is a result of a pothole, you have seen that in a number of cases, we have cases where the Minister is sued in his capacity and on behalf of the Ministry.
It is the right and the mandate of the people of Zimbabwe to seek redress in courts. I want to assure the Hon. Member that it is not the policy of Government to neglect our roads so that we have accidents but the desire of Government is to make sure that all our roads are trafficable.
#HON. NOWEDZA: We all know that we have challenges of water and in Bulawayo in particular, we only get water three times per month, especially in western areas but the bills come with high water charges of about RTGS$150 000+/-. To my knowledge, the local authority should bill according to the service that they offer to the people but now as I have highlighted that we do not get sufficient water in Bulawayo, how do they end up with such high rates or bills? My question to the Hon. Minister is what measures is the Minister putting in place to not charge people high bills?
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Hon. Member for that question but to be honest, I did not understand. Can somebody translate for me. I am sorry.
THE TEMPORARY SPEAKER: Can somebody translate to the Minister please?
HON. MOKONE: The question was that since most areas in towns are always without water, why are water tariffs going up every time and the bills are very high.
HON. CHOMBO: I will have to check on that one. The issue is some of the bills are estimates but as a Ministry, we have taken a stance that all the local authorities have to be computerised. We are working with Harare Institute of Technology to introduce a platform or system whereby all the local authorities can computerise and make sure that their bills are online and correct. So I will have to check specifically on that local authority if they are operating on manual and also doing estimates. As far as the charges, if the rates are high or not, normally what happens is when they do the budgeting, we agree on the rates. I urge the Hon. Member to also go and check if the rates that were agreed upon during budgeting are the rates that are being charged.
HON. WATSON: The Minister has spoken about rates agreed. Part of the problem is that a rate is agreed at budget. Councils then introduced a system of rating against the USD using the bank rate which means a consistent increase in the bill of what is used to bill every month. Citizens are complaining that when water is restored, air is pushed through the meters pushing up their meter demand. Does the Minister have any answer to these questions? Thank you.
HON. CHOMBO: Thank you Mr. Speaker. Thank you Hon. Watson for the important follow up question. On the issue of the pressure when the water comes and then the meter is raised, I think that is a little bit technical. I will have to check, but the way I know it is the only rating only goes against the water that really comes out of the tap and not the pressure. However, as I said, I will have to check on that one. Also, you know we are operating on a multi-currency regime, so if they are charging USD1 today and they use the auction rate, it is allowed but they have to stick to what was budgeted for. Thank you.
HON. HAMAUSWA: On a point of order. It looks like the Minister pointed out a number of issues where the Hon. Minister is saying they are going to check; they are going to verify. My point of order is that - is it not prudent Mr. Speaker, for the Hon. Minister to bring a Ministerial Statement because the issue of bills is affecting the citizens to a point that some are even fearing losing their houses because the bills are not in line with the water they are consuming. There are technical issues which the Minister said they need to verify. There are also issues to do with increasing the bills and the unavailability of water while the bills are coming. Is it not prudent to bring a ministerial statement that would cover these issues and also as Hon. Members, we will be given an opportunity to ask questions that are related to issues that are being brought to us by the people we represent? Thank you.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Thank you very much. Hon. Minister, please take note. You are being requested to bring a ministerial statement.
HON. CHOMBO: Thank you.
HON. MATEWU: Thank you Mr. Speaker Sir. My question is to the Minister of Energy. What is Government policy in relation to the new Unit 7 at Hwange? What the citizens had been assured is that once we roll out Unit 7, there is going to be more electricity in the households but it has now gone even worse. There is now continuous and substantive lack of electricity. In Marondera for example, we only get electricity two hours at night. In the day, there is nothing. What is Government doing to ensure that people have electricity in their homes? Thank you.
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): Thank you Mr. Speaker Sir. This is not a policy issue but I get the concern from the Hon. Member that the power situation has been depressed. I will give an explanation but also to indicate that Unit 7 was finally synchronised on the 20th March and is still undergoing commissioning tests where it shall be operating at various performing levels. It started off at 50, moved to 75 and as we speak, it is sending out around 200 megawatts but it shall be scaled up to 300 with time as they continue to do their compliance tests.
Mr. Speaker Sir, Hwange Power Station, the old units continue to give us problems. I once said in this House that ultimately, our intention would be to rehabilitate the old units with the intention of restoring the performance to the installed capacity of 920 megawatts. As we speak, today Hwange is sending out 303 megawatts into the grid and we are also receiving electricity from Kariba. We are still at 350 megawatts. It is our hope that as we begin the month of April, water allocations are going to be reviewed by ZRA so that we ramp up on our production of electricity from Kariba.
I agree with the Hon. Member on the concern that he has raised that the power supply situation is still depressed, even with the synchronisation that has happened on Unit 7, we are still below demand that is currently obtaining. We are looking forward to the completion of expansion project by bringing in Unit 8 which will come after April but precisely in May, according to the targets that ZPC has on bringing that unit onto the grid. Like I once said, it is only when we have completed the expansion project that we would have sufficiently dealt with the load shedding situation that we are currently experiencing.
There has been an expansion in the level of economic activities. You will agree with me that there is expansion in agriculture and in the mining sector. So, the demand continues to grow but we have plans to deal with that growth that is also happening in terms of the demand side. I have spoken about the rehabilitation where we intend to restore the current units to the installed capacity of 920 and also the participation of the independent power producers, the private sector also making a contribution. As we speak, not so much that they have started to feed into the grid. We have some projects that are under construction and we think that is going to make a contribution once they are concluded, including some imports. South Africa has not been giving us adequately as per the contract because of what they are also experiencing in their country. That has also caused the problems that we are currently facing Mr. Speaker Sir. I thank you.
HON. MAKHARM: Thank you Mr. Speaker. What is the Government policy; with the incoming 300 megawatts, are they going to keep the same level of import or to reduce the imports and keep us on the heavy load shedding, or they are going to release more power to the consumers?
HON. SODA: Mr. Speaker Sir, we will not reduce on the level of our imports immediately until we have sufficient power supply in the country. Unfortunately, South Africa is having their own problems which we are all aware that they have a crisis in their country. Whenever they are having that crisis - obviously, they will not send us as per what has been contracted. So the policy, to respond to the Hon. Member’s question, we will continue to import until we have reached a level of self-sufficiency in the country. I thank you.
*HON. MACHINGAUTA: On a point of order! I once requested in this august House for the Hon. Minister of Home Affairs to bring a Ministerial Statement giving us their roadmap with regards to the forthcoming general elections that there be no violence. This came about when there was political violence in various provinces of the country, so it was promised in this House that the Hon. Minister shall bring the Ministerial Statement. However, to date, there has not been a Ministerial Statement that has been brought regarding that matter, so that we may have peace and order in our country which was liberated in 1980.
*THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. KAZEMBE): Thank you Mr. Speaker Sir. I would like to thank the Hon. Member for the point of order that he has raised. I promise the Hon. Member that I will bring the Ministerial Statement next week. I thank you.
*HON. MAMOMBE: Thank you Hon. Speaker. I would like to say I appreciate the response from the Minster of Energy and Power Development. However, may the Minister of Energy explain what they are doing about the residents in this country, particularly where I come from Harare West Constituency, they are being told that the reason why there is no electricity is because the cables that are used for transmitting power are now old. Therefore, the residents are now contributing a lot of money to replace those underground cables.
Secondly, transformers are being stolen and residents again, are sacrificing and paying a lot of money to replace that equipment. So I would like to find out that even after the residents have procured the said equipment, still the power is not coming forth. I would like to know what is going to happen to the contributions, are they going to be refunded after replacing the cables and other equipment?
*HON. SODA: Thank you Mr. Speaker Sir. If I have heard very well the question is about lack of electricity or power where the Hon. Member comes from which is being caused by faulty or broken cables. Yes, broken cables can be the cause of shortage of power but let me clarify that it is not Government policy that residents whose cables would have developed problems should buy on their own those cables, it is supposed to be done by ZESA as a parastatal.
However, there is a time when such cables may have broken whilst ZESA does not have anything in stock. Procuring of equipment by parastatals is in the public domain through PRAZ, so sometimes it may take long due to the processes. So sometimes the residents themselves may volunteer to buy those cables or transformers. ZESA, therefore requests that those residents who would have purchased such items write a letter that they are doing that voluntarily and state how much they have used to purchase such equipment and that money is reimbursed through electricity charges.
However, on the issue that the residents would have replaced broken cables or stolen transformers and at the end of the day there will still be power shortages maybe caused by the national shortage of electricity in the country which we are very much aware of. That is why the Government is putting all efforts to make sure there is sufficient electricity and like I have mentioned earlier on, that Unit 7 was added on the grid. Plans are also under way to add Unit 8.
HON. NDUNA: Thank you Mr. Speaker. I think it must have been in the last week or the week before when the Hon. Minister promised that the department under his purview, ZESA; in the locality where I reside and other Members reside, in so far as it relates to medical attention, water treatment in the cantonment areas, those areas are going to be spared in terms of power deficit and power provision.
However, is the Minister and his department in terms of apportioning power to those areas where I come from, where there has been supposed to be 168 hours of power provision, there has just been 95 hours of power provision and the net effect has been the provision of water - 7.8 mega litres where they were supposed to be more than 120 mega litres during the seven days provided, there is now a hot-bed of cholera and typhoid which are medieval diseases. How far is the Minister in terms of providing me with power in the areas that are critical that he alluded to as being critical?
HON. SODA: Thank you Mr. Speaker Sir. I recall very well Mr. Speaker that I indicated that we have some critical facilities that are supposed to be provided with power even in times of depressed generation, examples being water treatment plants, hospitals and even - [HON. NDUNA: Cantonment areas, especially for aviation!] – even clinics.
It is a process Mr. Speaker Sir. There is need for dedicated power supply lines that are supposed to be constructed to allow for those facilities not to undergo loadshedding. So that is work in progress. Those areas have been identified and ZETDC is putting up some infrastructure to allow for those facilities to get dedicated power supply whenever we have depressed power supply situations. Thank you Mr. Speaker Sir.
(v)HON. MAHLANGU: Thank you very much Mr. Speaker Sir. I just what to find out from the Hon. Minister, we really appreciate that he said that he installed Unit 7 power generator or something like that at Hwange Power Station. I just want to know when the Unit 7 generator is going to be functional because as we speak, he made an announcement two weeks ago but to date, we still have challenges in getting electricity. When are they going to make that Unit 7 generator functional so that people cannot be complaining about ZESA? I thank you.
HON. SODA: Mr. Speaker Sir, Unit Seven (7) was synchronised on 20th March. It will undergo commissioning tests for three months before it is commercially available. I think that is the response to the question that was posed by the Hon. Member. Thank you.
HON. MARKHAM: Good afternoon Mr. Speaker, thank you. Mr. Speaker, my question is to the Minister of Energy and Power Development pertaining to the Independent Power Producers (IPPs). Mr. Speaker, the IPPs are already on their knees because they borrowed and invested money all in United States Dollars.
The payment from the Government of Zimbabwe is in Zimbabwe Dollars local which the Government insists on. Can the Minister apprise us on what he plans to do with these people, particularly when the interbank rate is starting to move rather quickly? What is Government policy to keep the independent producers that are in power viable? Secondly, those who were about to come onto the grid, what encouragement have they got to finish the job if they are only going to be paid in the receiving currency? Thank you.
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): Thank you Mr. Speaker Sir. Mr. Speaker Sir, we have a Government Implementation Agreement which was issued by the Ministry of Finance and Economic Development precisely on 19th December, 2022. It was announced by the Minister of Finance and Economic Development as a means to mitigate against the risk of currency convertibility.
It has been an issue for quite some time where investors would bring their money from outside the country, develop a project in Zimbabwe but at a time when they wanted to repay for the loans that they would have procured for the purposes of developing that project, it was a nightmare for them. Also, when project developers were intending to expatriate proceeds of their investments outside the country, they were facing that challenge due to the issues of our currencies.
The Ministry of Finance and Economic Development has come up with a Government Implementation Agreement which is a mechanism to deal with the currency issues and the expatriation risks. We now have something in place and I will advise the Hon. Member, including others, to speak about what the Government of Zimbabwe is doing to incentivise project developers and to mitigate against risks that he has just spoken about; not only that, we also have quite a number of incentives to attract or to make the investment environment to become conducive.
We have tax rebates that are on offer, the Government of Zimbabwe is also assisting project developers with land allocation for the development of their projects including tax holidays that are also on offer. So those, including the Government Implementation Agreement are mechanisms that the Government has put in place to ensure that projects are developed and risks are mitigated. I thank you Mr. Speaker Sir.
HON. MARKHAM: Thank you Mr. Speaker. Mr. Speaker, my point is, if you are not making money and you are on your knees tax incentives are irrelevant. What I would like to ask the Hon. Minister is, I cannot understand why when we import we pay dollars. So, we are paying a foreigner money in dollars. When we get an investor who invests his dollars here, we fail to pay him dollars, yet a large portion of ZESA revenue is from the consumer. I cannot understand why the Government is refraining from paying the IPPs dollars unless they do not want them to operate. Thank you.
HON. SODA: Mr. Speaker Sir, it is not about unwillingness by the power utility to pay project developers in dollars. It is because the money is not adequate. We are all aware that we supplement our locally generated power with imports and we promulgated a policy to deal with collection of revenue in foreign currencies specifically for the purposes of paying for power imports – that money is not adequate until a time when we would have replaced the capacity that we are importing with locally generated power, just like we are doing with Units 7 and 8.
When we have fully replaced that power, the power that we are importing with what we are generating locally then we will stop importing and when we have stopped importing, obviously we will be able to pay IPPs in dollars but as we speak, the capacity is not there. ZESA is not able to pay for power imports including power that is locally generated from independent power producers in foreign currency.
We have come up with a mechanism to allow Independent Power Producers to meet their financial obligations with funders for their projects through the Government Implementation Agreement. This is what we are doing. At the moment, ZESA does not have adequate funds to pay for power imports and locally generated power. Thank you Mr. Speaker Sir.
HON. BITI: Mr. Speaker Sir, my supplementary question to the esteemed Minister of Energy is that it is very unlikely that in the mid-term, Zimbabwe will be able to produce electricity that will meet the national demand of around 4000MW even if we add Unit 7 and 8 which is a mere 600MW, it will not help. The units at Hwange except for Unit 4 are old and archaic and should have been decommissioned. So, there should be a deliberate policy of making sure that household and individuals are self-sufficient from a solar point of view. Why does the esteemed Minister of Energy not carry out a deliberate policy of ensuring that there is facilitation of the solarisation of the movement to alternative energy of all household and you encourage this through the removal of duties on things such as lithium batteries, solar panels and so forth.
The fact of the matter is that we are on our own. So, remove duties and put incentives to individuals who are moving to reliable energy and importers of these equipment like lithium batteries and solar panels and particularly to people who can put huge solar panels that can feed the grid. Why do you not give them incentives because pretending that ZESA will solve our problems is just a pretense and we cannot keep on pretending because we have a problem?
HON. SODA: Thank you once again for allowing me to respond to a new question though it came in the name of a supplementary but I will respond to that question. I am happy the Hon. Member has pointed out to the issues that are affecting us, being the age of the equipment at Hwange Power Station. The policy that we already have is that of rehabilitating the old equipment. We have that policy which is backed by action. There is a loan facility of US$310 million which was procured from the Indian EximBank which will be used for rehabilitation of the old units at Hwange Power Station, Units 1 to 6. Already, work has started. A detailed project report was produced by the project management consultants, WAPCOS Company from India. It has since produced a report on the scope of works that would require to be done to bring back equipment to the installed capacity of 920MW.
Like I indicated earlier, as we speak today, the combined generation which is coming from Hwange is 303MW whereas it has potential to go up to 920MW. The equipment is old and what needs to be done is just to rehabilitate by bringing new equipment so that we achieve the installed capacity of 920MW. The policy is already in place.
Moving on to the suggestion which was made by the Hon. Member that we could allow individuals to supplement using solar system and he has suggested that taxes be removed on imports of solar modules, that is already in place and I will ask the Hon. Member to have a discussion with me on what he has experienced. As far as we are concerned, solar panels are coming duty free into the country. Again, we have a facility called net metering where if you have your solar system at your roof top and you are generating in excess of what you require, you can send the excess into the grid. This time ZESA has agreed that instead of just accruing some units, ZESA will soon be paying for the unit that will be sent to the grid. There is also virtual connection, for instance, one might be having two more facilities that have to be linked to one account, that is now possible through net metering facilities. We have quite a number of mechanisms by which we think we will be able to deal with the current power situation. Going into the future, we are also looking at developing some big projects like Batoka which is on the cards and there are some plans to obtain funding for that project.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon Minister, may be for the benefit of the Hon Members, yes you have touched on the solar panels which you have said are duty free, what about the lithium batteries? If you could clarify on that one.
HON. SODA: All renewable energy equipment is imported into the country duty free. I thank you.
HON. GABBUZA: When fuel was a problem in this country, Government moved in to ensuring that it is sold in foreign currency. Since there is a shortage of foreign currency to import energy, would the Minister consider incentivising those who are able to pay in foreign currency so that they settle their bills in foreign currency by a certain incentive so that we sort out this problem of foreign currency shortage.
HON. SODA: We have some companies that are producing their wares for export and those are supposed to pay their bills in foreign currency. We have exporters, those that are producing 80% of their wares which find their way out of the country, they are regarded as exporters and they are supposed to defray their bills in foreign currency. Then we have partial exporters, those that are above 35% but below 80%, they also have a portion which they are supposed to pay in foreign currency. That is already in place. What we may not do immediately is to ask the domestic consumers to pay their bills in foreign currency. That, we will not do in the interim until we have ascertained that they are earning their income in foreign currency. We will continue to receive that income in local currency but there is a mechanism to preserve that tariff to remain at the US$0.1063 equivalency but being in local currency. I thank you.
Questions Without Notice were interrupted by THE TEMPORARY SPEAKER in terms of Standing Order No. 68
ORAL ANSWERS TO QUESTIONS WITH NOTICE
Minister of Local Government having been absent in the House to answer questions
HON. MARKHAM: Mr. Speaker, I do not see the Minister here and I must protest. It is obvious that the Minister was here and he knows my questions are on the Order Paper. He came up last week – it is the 24th time that I have brought up the question on the Justice Uchena Report. Up to now, there is nothing.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Thank you very much Hon. Markham. I think I must…
HON. MARKHAM: Mr. Speaker, can I have a ruling and a deadline for that now? It is over a year that I have been asking for the Justice Uchena Report. I know that the Ministry of Justice has got it. Why are they not releasing it? It is public funds to do that. It is a damning report and one of the appendixes shows it is absolutely damning the judge to the perfect job. It lists the Land Board and it lists some amount of money that they stole.
THE TEMPORARY SPEAKER: Hon. Markham, I think you are now out of order. I thought I listened to the first point that you have raised.
HON. MAMOMBE: How do we proceed Mr. Speaker? There are no more Ministers here except for Hon. Coventry. You have deferred all the questions Hon. Speaker but Question No. 20, the Hon. Minister is here and I think he can just respond Hon. Chidziva’s question before he goes to make the Ministerial Statement. Thank you.
FAILURE TO PAY SCHOOL FEES BY SOME LEARNERS
- HON. CHIDZIVA asked the Minister of Primary and Secondary Education to inform the House on the
(a) Plans being put in place to address failure to pay school fees by some learners as well as ensure affordability of education and;
(b) The measures being implemented to assist schools through provision of text books in order to alleviate the plight of parents.
THE DEPUTY MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. E. MOYO): The response to that is that the Ministry is aware of the plight of parents who fail to pay school fees and has been working with the Ministry of Public Service, Labour and Social Welfare which is responsible for the Basic Education Assistant Module (BEAM), which provides State funded education for orphans and vulnerable children. The Ministry takes a key role in ensuring that fees are affordable by making sure that they are approved by the Permanent Secretary before collections can be made from parents and guardians.
Furthermore, the Ministry has stopped commercialisation in schools to ensure that schools do not constantly request for an upward review of fees from the Ministry. The Ministry has a budget for the provision of text books and schools are encouraged to check with their district offices the available text books at the district offices. Where we have a challenge, the Ministry works in close collaboration with development partners such as UNICEF to also assist schools through the provision of text books in a bid to achieve a text book pupil ratio of 1:1. I thank you.
(v)HON. MAHLANGU: Is the minister talking about the current situation or he is talking about something that happened 10 years back? If he is talking about the text books that are there in the district offices, I do not think this is happening. Each and every school, parents are buying textbooks for their own children. He cannot come and tell us that the textbooks are being provided. He is not being fair because we are buying for our children. Let the Minister withdraw that statement because it is not true. Thank you.
HON. E. MOYO: Thank you very much Mr. Speaker Sir. I want to inform this House for a fact that every year, we receive a budget for textbooks provision. It might not be enough to cover all schools as the demand for textbooks is very high but we do provide those textbooks. I may tell you for a fact that last year, we provided textbooks for Heritage Education for both primary and secondary schools. We provided text books for English and Mathematics for primary schools. That has been happening. Yes, granted we may not fully supply as per demand, but that effort is always done. We also have partnerships through which we assist schools and one of the ways we do is through (SIG) which is an acronym for School Improvement Grant and through that, the money is given in USD and it is a GPE fund which is administered by local grant agents in the provision of those text books. I thank you.
HON. MAMOMBE: Thank you Mr. Speaker Sir for this opportunity to pose my supplementary question to the Minister of Primary and Secondary Education. In 2020, President Mnangagwa signed into law the Education Amendment Act, which compels the State to provide free basic education in line with the provisions of Section 27 of the Constitution and Section 27 reads the State has taken all practical measures to promote free compulsory basic education for children. Hon. Speaker, the response by the Minister in this august House does not go hand in hand with the promises that were made by the President. We were expecting that the Hon. Minister would address the measures or the steps that this Government or Ministry is taking to ensure that this law, signed into an Act, becomes live.
HON. E. MOYO: Thank you very much Hon Member for the supplementary question, which I thought was directed towards textbooks. I will however address the issue if you allow me to do so. First of all, I think the section read says ‘shall progressively provide free basic education’ and the word progressively here is key. The Government of Zimbabwe has provided, increasingly a bigger number to be beneficiaries. When we talk of BEAM beneficiaries, we are covering fees for the children and also examination fees for those children. Last year the target was 1.5 million to be covered by BEAM and this year the target is 1.8 million to be covered by BEAM. That is a step that marks the provision of basic education to the disadvantaged children. Secondly, the examination fees component which I hope this Parliament has received a report on, Government is paying up to 55% of the cost of each subject for ZIMSEC as a way of alleviating the shortage. That also serves to illustrate the progressive nature of trying to address free education. The third way is what we call the grant-in-aid of tuition wherein two districts in each of the eight rural provinces is allowed free education and I can give examples of those I am familiar with off head like in Matebeleland South. We have Beitbridge and Mangwe, where children are not paying fees and Government is paying the full fees for those children. This was out of a ZimVac report which indicated the level of poverty in those provinces. That is how the two districts were targeted. So these three ways of addressing free education are rising as I speak and there is a huge effort towards that realization. This is in the context of our economy. We are able to do what we can do given the current circumstances. This is the progressive realization of free education. I thank you.
HON. TEKESHE: Mr. Speaker Sir, I just want to ask the Minister why they are refusing RTGS for examination fees and just demanding US dollars.
HON. E. MOYO: Thank you Hon Member for that question. Let me reiterate what Government has always said. No-one should refuse payment in RTGS. When it comes to examination fees, we have a two-year period under which our candidates have to pay their examination fees. For example, if the child is in Grade 6 this year and doing Grade 7 next year, we allow them to pay in bits and pieces towards next year. However, we only allow them to pay in US dollars because of the inflation factor hence they start paying when in Grade 6, Form 3 or Form 5. Those who want to pay in RTGS have to pay two weeks before the closing date at a fixed interbank figure which is given by ZIMSEC. This is also to fight against inflationary pressures. So, you are not forced to pay in US dollars but you can gradually do so to withstand the inflationary pressures.
HON. TEKESHE: On the ground it is happening. All the schools are refusing RTGs. I also wanted to help some children but they refused. So, what are we supposed to do when someone refuses RTGS?
HON. E. MOYO: I think plenty of circulars have been issued towards examination fees payment and they have those. I think the best thing you can do is to identify such schools and heads that are refusing RTGs because it is not all of them. I would like to inform this House that certain schools that have refused and I can name one, Cowdry Park Primary School where a parent went to pay fees and the school refused RTGs. They phoned me and I phoned the PED who went to the school and the issue was addressed. The head was charged for that. So any transgression in terms of the statutes governing the conduct of headmasters in schools, just get the exact names of the schools and the names of the heads and we will deal with that.
HON. MOKONE: Minister, this year you came to this august House and you promised that there would be free education for all, but the answers you are giving now are such that in Matebeleland South, only two districts are benefitting through the free education scheme. Is this free education feasible or not in Zimbabwe given the economic meltdown? You highlighted this when the ministerial statement was read that this free education for all is not going to be feasible but we were promised that it was workable. My question is very clear, I just want to know if it is feasible or not.
HON. E. MOYO: Thank you for the question Hon Member. It is progressively feasible and I want us to underline the word progressive because I have indicated that as we experience growth in the economy, the numbers are going to grow. This year I said that the target is 1.8 million children under BEAM whose fees are going to be paid by the State. I have also indicated that we have two districts per rural province which adds up to 16 rural districts in the country and the numbers are close to a million for those children whose fees are also being paid by the State. I have also indicated that examination fees for all those under BEAM are wholly paid by Government and for those who are not under BEAM, 55% of those examination fees are paid by Government and the parent pays 45%.
*HON CHIDZIVA: I just want to find out from the Minister what plans Government has pertaining to children who are failing to have their schools fees paid by their parents and they are being told to go home and bring school fees. Because they know that their parents do not have money they then do not bother going back to school but join the drugs and substance abuse groups. This has become the norm all over the country. There are drug bases where all the children that are kicked out of school rush to.
HON. E. MOYO: Thank you Hon Member for the question. Children are not supposed to be sent back home by any school. If that happens, let us seek remediation by reporting that matter to the nearest Education office. Secondly, if parents are able to pay fees, they should pay but we believe that if they are genuinely unable to pay fees, they should be covered by BEAM. However, if the BEAM allocation is so low that those children cannot be reached, the concerned parents should make payment plans with schools and honour the payments all the time so that schools remain functional. We have communicated even through child protection committees that no child should be sent back home. If that happens, my numbers are open, please raise that with me and see what will happen. I thank you.
MINISTERIAL STATEMENT
BULLYING IN SCHOOLS
THE DEPUTY MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. E. MOYO): Mr. Speaker Sir, allow me to provide the requested Ministerial Statement to the National Assembly regarding bullying in schools and the strategies to curb further bullying thereof. I wish to thank Hon. Members for providing the Ministry with the opportunity to clarify the matter at hand.
Introduction
At legislative level, the Education Act is implemented together with the child protection imperatives that our Ministry observes, in close collaboration with the Ministry of Public Service, Labour and Social Welfare. In addition, the Ministry of Primary and Secondary Education and that of Health and Child Care jointly signed the Zimbabwe School Health Policy which, among other concerns, addresses the issue of safe school environments. Under this, issues of bullying and other psychosocial ills that impact on the physical and mental well-being of pupils are among the top priorities. At administrative level, Policy Circular Number P35 lists bullying among the most serious acts of indiscipline together with vandalism, intoxication and defiance of authority.
Zimbabwe has signed its commitment to the Global Safe Learning Initiative, in which our country has joined other countries on the prevention of violence in schools. I am aware that there have been unfortunate cases that have brought issues of bullying as well as drug and substance abuse under the spotlight.
Two pupils from Bulawayo Metropolitan Province have recently died allegedly due to bullying in schools. One is from Founders High School called Wayne Ndlovu and the other is Jayden Sauden from Hamilton High School.
Facts of the Matter
Wayne was murdered following an altercation that happened outside the school with pupils from Hamilton High School and he was stabbed with an okapi knife on the neck on 13 February 2023, and died before admission to hospital. He had confronted bullies from Hamilton High who had harassed his friend. The culprit is currently in custody awaiting judgement.
Jayden committed suicide on 8th March 2023, following a misunderstanding at home with his grandparents and nuclear family. However, media reports claimed that he had committed suicide due to bullying.
Strategies to Curb Bullying
My Ministry has completed stakeholder consultations on the alignment of policy implementation circulars to the Education Amendment Act. This has resulted in the updating of circulars on bullying as well as the production of a Standard Code of Conduct for all pupils across Zimbabwe.
I am happy to confirm that all senior and middle managers as well as school leadership participated in the consultations and made their inputs into the updating of policy implementation circulars aimed at improving the quality of pupil safeguarding at all schools. Such documents are now at final editing stage and will be in schools by the end of April 2023. It is a fact that children need to be peaceful if they are to perform well in their school work.
On the issue of drug and substance abuse, my Ministry is part of the inter-ministerial technical working group that the Government has set up. This drug menace is being addressed from a curriculum perspective, where age appropriate information and life skills empowerment is covered through different learning areas. A referral protocol has been developed for the management of identified cases of pupils at risk of various social ills. Admittedly, this is a very serious matter which requires more parental involvement than routine school matters. The same applies to bullying as much as the activities that occur away from school and require more community involvement to complement the effort of the education sector.
In order to ensure a higher level of safeguarding at all schools, my Ministry is currently rolling out a Standard Guidance and Counselling Package for the purpose of pupils. Such a package is the product of teamwork involving other ministries, National Associations of School Heads, civil society organisations, teacher organisations as well as representatives of pupils themselves, Junior Parliament and Junior Council.
Another package has been developed and is currently being rolled out to all school clusters in order to mainstream the effective functioning of Child Protection Committees at every school. Child protection Committees go beyond the school and bring in the Department of Social Welfare, health service providers, local leadership and parent representative into safeguarding the well-being of pupils at schools, in their communities as well as at household level. Superintendents, housemasters, senior masters and senior women have been advised to be on guard to ensure that bullying does not occur in their schools. It is not prudent to assume that bullying is non-existent. At times it may not surface while in actual fact the victims will be suffering quietly.
Need for Adequate Preparation of Staff for Guidance and Counselling
Provincial Education Directors and DSIs have been asked to arrange workshops where all concerned staff members would look into guidance and counselling issues with the aim of eradicating bullying in schools. Such workshops would enable those responsible for discipline in hostels to share experiences and good practices.
Conclusion
While schools are places of learning, they are part of the community. In the broader sense, learning occurs not just in the classroom but also in the environment that we live in, including the hostels where our pupils stay as well as in the communities. It takes a village to raise a child and my Ministry cannot do it alone. A school without an effective guidance and counselling programme is a fertile ground for bullying, substance and drug abuse and other social ills. It is the responsibility of all schools and supervisors to work with the school parent assemblies, local leadership and all stakeholders in order to ensure that their schools are safe havens for the human capital development of our nation.
All schools are therefore required to concentrate on the transmission of humanistic values through the teaching of guidance and counselling, heritage studies, family and religious and moral education and the indigenous languages. I thank you Mr. Speaker.
HON. NDUNA: Mr. Speaker Sir, I just want to add an angle as to how the issue of bullying can be mitigated and if it pleases the Hon. Minister, he can inculcate the same in the issues of trying to alleviate or mitigate the issues of bullying in schools. There are just six issues that I want to proffer as positive solutions because this issue of bullying has taken center stage and it is bound to fall out of hand to actually go into the adult life of our schoolchildren…
THE TEMPORARY SPEAKER: May you go straight into your points Hon. Nduna.
HON. NDUNA: The first one, I ask Hon. Minister that the issue of teaching kindness and empathy in the schools can enhance and can curtail the scourge of bullying and also creating opportunities for connectivity or for children to connect with one another. It can also avert and avoid the issues of bullying. The identification of gateway behaviours can also help in mitigating. First, it is the eye rolling. If you see the child’s eye rolling, if you see prolonged staring, back-turning, laughing cruelly, encouraging others to laugh, name calling, ignoring or excluding causing physical harm and also spying and stalking. These are ways by which teachers and learners can see that there is bound to be some bullying.
The second last is to create content so that children can see issues from a different angle. That can also make you avoid bullying. Fifthly, minimising concentric circles in school. This means that it is true that most teachers do not like to talk about education as educators can be bullies and when teachers feel bullied by colleagues, their students can also become negatively impacted. The teachers are also involved in this.
Lastly, Mr. Speaker Sir, participation in simulation, theorising about how to prevent and respond to bullying in schools. It is one thing witnessing it for the first time and entirely another without adequately pre-servicing training. It can be difficult for new teachers to know how exactly they will react when bullying situations arise. The issue of simulation can actually make us avert, avoid and completely – there can be use of technology to recreate an experience….
THE TEMPORARY SPEAKER: Hon. Nduna, you had said the last point, now it would appear you are extending.
HON. NDUNA: I was just trying to explain to her the issue of simulation. It is just to create…
THE TEMPORARY SPEAKER: Hon. Nduna, you need to address the Chair.
HON. NDUNA: Thank you Mr. Speaker Sir. I just wanted to do it for her own benefit so that she can have take home or take away…
THE TEMPORARY SPEAKER: You do not debate for an individual Hon. Member.
HON. NDUNA: Thank you Mr. Speaker Sir for allowing me to ventilate on issues that the people of Chegutu West Constituency would have me ventilate on. I thank you.
HON. WATSON: Thank you Mr. Speaker Sir, for this opportunity. The Minister speaks specifically about two instances in Bulawayo. One of them is of the young man murdered. It is the problem that he comes from Nketa, I believe and there is a clause in the Education Act that requires children to attend schools which are in their locality. Is the Ministry enforcing that because children are travelling long distances to attend school? A lot of the problems occur in school and outside school simply because the children are travelling.
Secondly, I agree with Hon. Nduna. I think there is insufficient work within our educational system and Government schools of extramural activities such as sport clubs, be they art, chess or whatever. Does the Ministry have any intent ever to regenerate those things? Thank you.
THE DEPUTY MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. EDGAR MOYO): Thank you Mr. Speaker Sir. Thank you to the Hon. Members who have raised issues. I will start off with the suggestions which were given by Hon. Nduna on what could be done. Yes, agreed but the critical point which I think is what society should now be focusing on is the issue of parents being models and also parental involvement. With this technology, people have abandoned their children. Everybody is on the phone. The mother is on the phone, the child is on the phone and everybody is on the phone. They are talking to people who are not within their environment on the time. Our parents are not so much involved in monitoring the behaviour of their children.
I want to call upon the people of Zimbabwe to be good role models and to monitor the behaviours of their children and take corrective measures as soon as they notice something is not right and even notify the school of certain behaviours that they see. Most of these things are originating from the environment where these children are coming from.
It is also important to also advise this august House that the Ministry has resuscitated what they used to call child study some years back which we now call profiling so that we can understand the home environment, the community environment and profiling a child. This is so that even as they transfer from one school to the other, it is not just a letter to confirm that this child was attending this school but there is more to it. There is a whole file of that child so that the receiving school can understand the child that they are receiving. These are some of the measures that we are already taking. You might have heard from your communities that this is already happening.
We also encourage parents to be good role models at home. Part of our research is to establish whether there is a positive correlation between bullying behaviour and the behaviour of parents at home. On a cursory note, it has been noted that where there is a violent home environment, the child tends to be also violent. However, our research department is working on that so that we can establish the facts and take corrective measures, not only on the child but also in the community and the home environment.
The second issue about children who are travelling long distances, there is a policy on zoning. However, we have observed in many instances that parents prefer certain schools. They do not want their children to be learning close to their homes. Sometimes it is because of resource levels in those schools, sometimes it is because the parents are attached to a particular school or they have a friend teaching there or they themselves attended that school and they have high regard for that school.
These are some of the reasons why some children have to walk long distances to school. In many cases, you would find that a school close to them has got vacancies but the parents do not prefer those schools. On the issue of co-curricular activities, we call them extra curricula. If we call them extracurricular, we then degrade their value in the school system. We very much encourage that and if you look at our curricular spectra in schools, you find that there is so much in terms of what you call co-curricular activities that schools can tap into. In some cases, in some schools, some children are doing as many as 15 to 20 subjects. That is not necessary. It takes a lot of their time when they would be doing theatre arts, sporting activities or going into clubs and so forth.
We encourage schools in curricular design to take care of all those important things. However, of late in the last two and half to three years, it has been largely due to COVID that most of those activities were suspended. However, the suspension has now been lifted and schools are encouraged to show that our children have something to do after hours. Thank you.
On the motion of HON. NDUNA, seconded by HON. L. SIBANDA, the House adjourned at Five minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 28th March, 2023
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF SENATE
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Senators are reminded to put their phones on silent or switch them off.
MOTION
RATIFICATION OF THE LOAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE AND THE OPEC FUND
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): I move the motion standing in my name,
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 organisations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;
AND WHEREAS a loan Agreement between Government of the Republic of Zimbabwe and OPEC Fund of US$15 million for part financing of the Smallholder Agriculture Cluster Project to be implemented in Mashonaland Central, Mashonaland East, Mashonaland West, Midlands and Matabeleland North:
NOW, THEREFORE, in terms of Section 327 (3) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved. I so move, Mr. President.
*HON. SEN. TONGOGARA: Thank you Mr. President. I think the Minister should explain to this House on what is included or added to agriculture, what is it?
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Mr. President. I would want to submit that the aim of the project is to increase household incomes. We are also looking at dealing with the priority area under the NSD 1 which is the priority area on food nutrition security but we are also looking at the implementation of markets and also coming up with climate smart agriculture. The rationale of the whole project is that we are looking at transforming agriculture, looking at how best we can enhance production processing and also transforming value chains. All these, including the rationale of the project are contained in the loan agreement which I think the Hon. Senators have gone through. Thank you.
Motion put and agreed.
COMMITTEE STAGE
JUDICIAL LAWS AMENDMENT BILL [H. B. 3A, 2022]
Second Order read: Resumption of Committee: Judicial Laws Amendment Bill [H. B. 3A, 2022]
House in Committee.
Clauses 5 to 20 put and agreed to.
Schedule, Section 6, put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
JUDICIAL LAWS AMENDMENT BILL [H. B. 3A, 2022]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
SECOND READING
CHILD JUSTICE BILL [H. B. 11, 2021]
Third Order read: Second Reading: Child Justice Bill [H. B. 11, 2021].
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I rise to give my second reading speech on the Child Justice Bill. The Bill intends to establish a criminal justice system for children in conflict with the law. During the review of the Children’s Act, in order to align it to the Constitution, recommendations to establish a child justice system were made. The rationale for this is to ensure that the welfare and child protection issues are separated from the Child Criminal Justice issues.
In instance, the Bill proposes to give effect to relevant foundational principles, values and fundamental rights underpinning the 2013 Constitution of Zimbabwe, together with relevant international laws, norms and standards relating to child justice. As I have already mentioned, the Bill seeks to establish a child justice system for children in conflict with the law, not condoning criminal activities by our children, it is important to understand the root causes that bring children into conflict with the law. It is often that children who come into conflict with the law are those who face multiple and intersecting challenges in their lives.
Most young people who come into conflict with the law are struggling with multiple social and economic issues in their homes and communities. These issues range from being on the streets as a result of poverty or family disfunction to coping with peer pressure, in relation to risk taking such as minor theft, violence and substance abuse. Mr. President, lack of child justice system means that children who come into conflict with the law are treated as adult criminals in a justice system that deny any children their basic human rights which include the right to education, development, appropriate care and to have their best interests treated as paramount.
This deficiency places young people at risk and create problems when they re-enter society as young adults. Taking into cognisance all that I have mentioned, measures are needed to protect children who are already in conflict with the law in order to deter them from re-offending and promote their rehabilitation and smoothen their reintegration back into society. Zimbabwe is a State to UN Convention on the Rights of the Child. The UNCRC requires States to promote the establishment of laws, procedures, authorities and institutions, specifically applicable to children alleged as accused of or recognised as having infringed the penal law. This provision imposes a progressive requirement upon States to establish a juvenile justice system which takes into account the child’s age and provide human rights and legal safeguard as well as establishing alternatives to judicial proceedings. The CRC requires States to establish a juvenile justice system with due process for guarantees to be applied to all children under the age of 18 who are in conflict with the law.
In addition, Article 14:1 sets out the purposes of a juvenile justice system which should be reintegrative and should help the child assume a constructive role in society. The purpose of the juvenile justice system should not be retributive or punitive but should be able to foster the well-being of children and address offending behaviours in a manner appropriate to children’s development. I shall not labour to go through all the provisions of this Bill. However, I shall discuss some of its provisions here.
In essence, the Bill seeks to respond to the deficiencies that are in our justice system when it comes to children in conflict with the law and also it gives effect to the provision of the Convention on Rights of a Child and our Constitution. In accordance with the UNCRC, which requires State parties to establish alternative judicial procedures, the Bill shall provide for the diversion. Diversion keeps children away from the formal justice system, which is a way of considering the best interest of the child while also keeping in mind their mental capacity to have criminal intent.
However, when these interventions are inadequate or unsuccessful for child offenders, the child justice system implemented through the Child Justice Bill will allow for them to be tried and sentenced in a Child Justice Court. The Bill also seeks to raise the minimum age of criminal responsibility from 7 years to 12 years and set out the manner in which these children who are suspected of having committed an offence are treated. They should not be treated in the same manner as those who are above 12 years. This is in line with 2007 Committee on the Rights of the Child guidance regarding the minimum age of criminal responsibility.
The guidance was that a minimum age of criminal responsibility below the age of 12 years is not internationally acceptable. Third parties were encouraged to increase their lower minimum age of criminal responsibility to the age of 12 years as the absolute minimum age and to continue to increase it to a higher level. Section 51 of the Constitution of Zimbabwe, read together with Section 3 (e) and Section 53, provide for the protection of human dignity and freedom from torture, cruel, inhumane or degrading treatment or punishment. This Bill speaks to the protection of human dignity of any alleged child offender and highlight how they are to be treated in a manner that is dignified from the first contact with the police during free trial, detention and at any stage of justice process.
The purpose of a child justice system in as much as punitive measures should be taken for child offender for their offences, their human dignity has to be protected, does not make punitive measure or repuditive measures a primary goal. They should be punished but in a manner that is strictly consistent with the objective of rehabilitative and restorative justice. Due to the fact that a child’s best interests are paramount in every matter concerning the child and that children are entitled to adequate protection by the courts as provided for in Section 81:2 and 3 of our Constitution, our judicial system plays an integral part in the protection of children’s best interest. This Bill also provides for the monitoring of the child justice system through establishment of child justice committees at national, provincial and district level to ensure that those interests are protected and no abuses occur. Child Justice Courts established in terms of the Child Justice Bill are a must and an added sign of progression within our justice system and they would be solely dedicated to trying children accused of committing crimes.
I therefore urge Hon. Senators to support and pass this Bill. I submit and move that the Bill be now read a second time. I thank you.
*HON. SEN. MUZENDA: Thank you Hon. President. I am not in agreement but the Bill is very good. There is somewhere I have seen where it says minor children, that is children in conflict with the law, are not supposed to be handcuffed. When are they going to be handcuffed and what will have happened? Are we ready as a country for our courts to be ready for these children so that they can be corrected and realise that they were wrong? Do we share with the protection officers or social workers who help these children because sometimes we may have very good laws and then find out that we have challenges on implementation? Thank you.
*HON. SEN. TONGOGARA: I just wanted to start by thanking the Minister of Justice for bringing this Bill. Our children as a country are very important. Therefore, the way they are treated is very important. I want to ask the Minister since you have brought your Bill, there are some matters which were raised on corporal punishment on children. My question to the Minister is that there used to be a law that outlawed corporal punishment. What now has been prepared for these children who are not in this Bill? We grew up very well and where we would have gone wrong, we would be reprimanded. I would like to know about this matter. What is going to be done to the children? I thank you.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President. I was late in seeing today’s business that there is this issue on Child Justice Bill. We are supposed to be given enough time to debate this Bill. I think we should place this on website. If we really want to do justice to the Child Justice Bill, it was not supposed to pass today. We were supposed to be given time to prepare. There are a lot of interventions in Zimbabwe.
I can say I was in one of the countries for the past two weeks where I met someone from Australia who is Ghanaian. His 12-year-old child arrived home late after seven. So this Ghanaian called the child and spoke strongly to the child and the child went to the police. He spent two weeks in prison because he had scolded the child that he had come home late. These laws are for whites, they are not ours.
You find when people attend workshops, they think that we are backward when we are following our culture. There are issues on some of the laws on some of the sections but to let a child do whatever they want will give us problems. We are aware of what happens like here at Convent when children were involved in drugs. It is now out of hand. Some of these laws are just protecting children so that they continue taking drugs. If you reprimand a child, you are on the wrong side.
My issue Mr. President is that when we are saying protection and the right to education and the right to everything; it is like these people who put laws in place it is like when a child is born, they are the ones who look after the upkeep of the child, but it was the responsibility of the parent to look after the child from conception. It appears as if they are the ones who looked after the mother so that they would go into hospital for labour. The school that we are talking about, it is the parents who are taking these children to school, and the parent are the ones who are responsible for the education of their children. All these developments you are talking about are done by the parents because it is in the best interest of their children. We all have the welfare of our children at heart. The reason why we are here is because our parents brought us where we are right now; they gave birth to us, nurtured and sent us to school.
I hated going to school and my parents woke me up at six o’ clock a.m. I resisted but when I went to university, I was mature enough to know that education was meant to make me a better person and I had no problem even waking up at 4 a.m. The strictness of my parents at early childhood helped to mold me to what I am right now. We cannot say that when parents are strict on their children, they are very bad. I think we must really debate on this issue because if we pass this law in this state, it will give us problems in future.
When many people commit crimes, that is when we use due process. For us to be what we are, it is because we were brought up properly by our parents. Now we want our children to walk the road that we do not walk. For us to be in this Senate saying what we are saying right now, it is because of our parents. Now, we want to let our children walk the wrong path. This due process that has been talked about here by Hon. Sen. Tongogara that if a child is wrong, is there anything that we can do because as parents, we are afraid that if we punish that child we are against the law?
We have chiefs who sit in Parliament and as chiefs, we do not allow children to go unpunished if they are wrong; it is our culture. Failure to do that, our culture will be eroded. I do not think we must pass this Bill in a rushed way. We need time to read and understand it so that we can have meaningful debates. It is unfortunate that I have debated today and I cannot debate tomorrow. I think those who are going to debate after me will put their facts in order so that we come up with a law that is good for the children of Zimbabwe.
On the Marriages Bill, there is information circulating in communities that we passed a Bill that does not support our culture and that does not support the payment of lobola. It is because facts were misrepresented. We do not want to pass a law that parents will complain why we passed that law. We want to pass a law that is good for everyone. The laws that are passed by the National Assembly, I do not know what happens there; like the Marriages Bill, we had to correct it here in Senate because they had passed something that we did not approve of and we do not support that as mature people.
As mature people, I think we must do something with this Bill also. They think that being modern is being western thereby forgetting our culture. Mr. President, I thank you, I have spoken, and I think this Bill must be given enough time like two days because now we were caught unaware.
*HON. SEN. KOMICHI: I thank you Mr. President for giving me this opportunity to debate on this motion and I would like to thank the Hon. Minister for bringing this Bill. The laws that we make as a nation must be in line with our culture as Zimbabweans and as Black Africans. We must make laws that give us pride and ubuntu as Zimbabweans. This Bill must give powers to parents to see that their children are well behaved in the community as well as the country at large. The children must be a pride to the parents and to the country. This law is creating a distance between the parents and the children. It is promoting children to be stubborn and not obey their parents. A child must not challenge his or her parents or talk back to elders. If you look at chickens, I stopped on my way home and saw a chicken with its chicks feeding and this reminded me of how a mother is important and the importance of a mother’s love. It shows accountability and love. It actually happens with all animals; cattle, goats, donkeys, the mothers do everything to protect their young ones, they would rather die defending their young ones.
What is the difference between ourselves and the rest of the animals, for us to be removed from our children? If I slap my child, it does not mean that I hate her or him. If I reprimand my child, it does not mean I hate the child but I will be only trying to make the child behave. In fact, this act shows that I care that is why I want to make them better people. This is so because we see a lot of bad things that children will be doing in the streets and elsewhere. We value our children so much, even if they die, we will cry uncontrollably because we love those children. These are our children, even if a person is told that your child has died, that person will cry until the tears dry up because we love these children. If a child has done something wrong, we need to think first about the action we are going to undertake as a way of disciplining that child. I was very happy last week when the President said we should discipline these children. These were the words of the President. Hon. Minister, do you go against the President’s words? The President said we should discipline these children. Those people who are advocating for our children to be wild are actually wrong. These people are targeting to achieve something Mr. President.
Mr. President, few years to come we would have lost control of our children in society. We would have disconnected our relationship with these children that is between the young generation and the older generation. Those people are creating a war between us and the children. You find that the children who have sent their parents to prison for two weeks the community is already dead. We support what the Chief has said. Mothers in this House will be given an opportunity to say something because they raise these children as well.
Mr. President, when we wrote the Constitution, we were too excited and we forgot our values as black people. We should value this aspect of us being Africans. We should understand that whenever we do anything with regard to the Constitution, we should consider our values as Africans. Thank you very much Mr. President.
*HON. SEN. MOEKETSI: Thank you Mr. President for giving me an opportunity to make a contribution with regard to this motion that has been brought by the Minister. With regard to the experience that people are having in different communities in this country, firstly I would like to say when I grew up myself, whenever a child was born, those who would come would say congratulations, those who respond would say it is so for us all. That meant that whenever they go, if they are reprimanded, they should respect it and say, ‘elders have reprimanded me because they are just like my parents back home.’
I grew up herding cattle as a child, then one day cattle strayed into another farmer’s field. It was a terrible experience for me but I had to kneel down and plead for forgiveness. I had been taught good manners and that I should ask for forgiveness if I had done something which is not proper. Two women were tenants at a certain house. These two women had children, the other one had two girls, five years and two years and the other woman had a 12-year old girl. The other woman came from a flea market. She had actually US$20 from that particular day sales. The 12-year girl was in the house; the moment she left US$ 20 on the pushing tray, going inside her room and coming back, the US20 was gone. When she asked about that US$20, the 12-year old girl indicated that she had not seen it. The girl went to school and started buying food at school. A boy from a next room actually made a report to say the young girl had US$20, she actually bought him a cool drink at school.
Mr. President, that information angered the mother and the little girl was beaten up by the mother and as I speak, the woman was imprisoned. Mr. President, the Bill that has been brought by the Minister is a very painful Bill to us as parents and I want to thank Hon. Sen. Chief Charumbira. As I speak in this House, my last born is 24 years of age; he stole my car and went to Kadoma to Makhadzi Show when he came to Zimbabwe. When he got to the roadblock he passed because police actually thought that it was an Hon. Member who was inside. On his way back I think he was now afraid of police, so he took a different route in trying to evade them. He used a dust road but instead he hit an electrical pole and unfortunately electricity went off at the nearby compound. There was a car passing by that actually saw the car and they made a report to Kadoma Police thinking that they were thieves trying to steal electrical cables. I told the police that I could not deny the allegations against the child because even at home, he opens my purse and takes money. The following day I went to the courts and I had to pay money for them to be released.
After three weeks, I had to attend a church service in Kuwadzana. When I returned home, I found the car was not where I had left it. Upon inquiring on Victor’s whereabouts, I was told that he was not at home and that he had gone out. I hide the car keys among neatly packed clothes and he comes and searches and places the clothes back neatly such that you do not notice that the keys have been taken.
He took the car on Saturday, the following morning I was called by the owner of a Honda Fit that had been hit by my car. My grandson and his friends had spent the night drinking. The police had been clearing the road for the President’s motorcade to pass through and so there were no cars on the road and as a result they sped through the road and hit a Honda Fit but did not stop and instead sped away trying to run away from the police. The car only stopped when one of its tires became flat. My Ranger was towed to the police station. It was a terrible scene. I was told if I wanted my car then I would have to go to the police station.
I came to work and when I went back home, I could not eat. I found him lying on his bed having a bottle of water. I broke the mop and beat him up using the stick from the mop. I knew that he could either fight me or report me to the police. He ran out of the room and locked himself in the chicken run. When it was raining, he came back into the house. I followed him into his room and I continued beating him using the mop. I was afraid that he was going to report me to the police as he is turning 25 years.
Mr. President Sir, the laws that we are passing in this Senate are making parents and guardians afraid to punish their children because they can be reported to the police and arrested. These laws are making it difficult for parents to even reprimand their children because they will tell us that the law does not allow us to punish them. Mr. President, we really need to think of the consequences of some of the laws that we pass in this august Senate. We can no longer reprimand our children, even our neighbours cannot reprimand our children. These children are now talking back to us as we try to reprimand them, which I think is something that is not good for us as a country.
So, thank you Hon. Minister for your Bill, but I think we need to revisit this Bill and consult parents. If we allow such Bills to go through, they may be detrimental to our children. As we know, these children are the future leaders of tomorrow.
HON. SEN. MWONZORA: On a point of order Mr. President Sir. Mr. President, this is no doubt an important motion. Sen. Chief Charumbira had made a suggestion that the Hon. Senators ruminate over this Bill and proceed with debate. It appears to have found favour by the comments from Senator Komichi. I am of the suggestion that it may be wise for us, given that we are the last bus stop, to ruminate over it and debate at some other time convenient to the Minister of course.
*THE HON. MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I would like to thank the Senators who have been debating. I would like to thank Hon. Chief Charumbira and I promise to look at the request that he made in this House. This Bill is not looking at how we are going to be reprimanding these children. The issue on the Bill is not what are we going to do with these children. The law did not remove the issue of reprimanding children. In the criminal court, when we discipline children, it talks about moderate corporal punishment to be allowed; even to whip them as a way of reprimanding them. The Bill is not focusing on how we reprimand or whip these children. We are looking at criminal offences of youngsters. If they were adults, they would go to court. Should we send them to criminal courts as if they are adults? We should be allowed to look at how the child has been living so that we are allowed an opportunity of how we can reprimand and rehabilitate them. This is what the Bill is insisting on.
As far as I remember, beating up children as a way of reprimanding them is something that I support. In schools, they are no longer allowed to do that as corporal punishment. At home, it has to be moderate corporal punishment. I do not know what Senators would prefer. Maybe they want to go and look at it once more. We had actually sent it to you a few weeks ago, more than five weeks ago when we last came to this House. Hon. President, with all due respect, if they ask for grace period to look at the Bill, we will not consider that we have send it before. We will accept and give them leeway to go and look at the Bill again. I therefore, move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 29th March, 2023.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the Senate adjourned at a Quarter to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 28th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY SPEAKER
PETITIONS RECEIVED FROM HWEVA ASSOCIATION, SOUTHERN AFRICA REGION ANTI-CORRUPTION ORGANISATION, MR. ALEX MASISIMANI AND UNION FOR THE DEVELOPMENT OF APOSTOLIC CHURCH IN ZIMBABWE
THE HON. DEPUTY SPEAKER: I have to inform the House that on Wednesday, 8th March, 2023, Parliament of Zimbabwe received a petition from the Hweva Association requesting Parliament to compel the State to declare Ancestors’ Day as a national holiday. The petition was deemed inadmissible because the petitioners’ prayer is not within Parliament’s constitutional mandate.
I also have to inform the House that on Tuesday, 9th March, 2023, Parliament received a petition from the Southern Africa Region Anti-Corruption Organisation requesting Parliament to intervene in tax and revenue collection. The petition was deemed inadmissible as the petitioners did not satisfy statutory requirements and failed to clearly state their prayer concerning the redress sought.
Furthermore, on Thursday, 9th March, 2023, Parliament received a petition from Mr. Alex Masisimani beseeching Parliament to investigate why the Justice Smith Commission of Inquiry’s recommendations on Government pensioners are not being implemented. The petition has been referred to the Portfolio Committee on Budget, Finance and Economic Development.
Additionally, on Thursday, 9th March, 2023, Parliament received a petition from the Union for the Development of Apostolic Church in Zimbabwe, Africa, beseeching Parliament to pass an Act of Parliament on devolution. The petition has since been referred to the Portfolio Committee on Justice, Legal and Parliamentary Affairs and Local Government, Public Works and National Housing.
HON. NDUNA: I have a point of national interest. In the Eighth Parliament and indeed, leading into the Ninth Parliament, I spoke to and about the artisanal mining sector and the repeal of the Mines and Minerals Act which was moribund, archaic, rudimentary and antiquated and medieval in that it was established in 1961. The resultant effect is going to see the repeal of Section 368 of the Mines and Minerals Act that says prospecting without a licence is outlawed and the Gold Act Section 3 and indeed, the Trade in Precious Minerals Act. Those statutes are going to be repealed as a result of the point of national interest that I advanced in those two Parliaments.
As I sit here today, I have come here and I have requested that the Minister of Agriculture and in tandem with the Minister of Local Government, comes here and issues a statement in so far as it relates to the compounds where the former farm workers are residing in order that we utilise these compounds to alleviate the plight of the suffering multitudes and citizens that have no accommodation. It is my hope and view that Section 72 (7) (c) of the Constitution that states that the people of Zimbabwe should be enabled to assert their right to land can be amalgamated with the statutes; Urban Councils Act Section 205 and Section 152 that speak to estate management, aware that there is going to be urban expansion and there are farms that are going to come from the Minister of Agriculture to the Minister of Local Government in order that there is reduction of the backlog of housing infrastructure.
I reiterate, if it pleases you, to request that the Minister of Agriculture, together with the Minister of Local Government, come here, give a Ministerial Statement in so far as the issues that I have tabled are concerned. Aware that Government has given US$3,5 billion for the Global Fund to compensate former farm workers but the compounds are now being utilised by the A2 farmers as a battle ground in order to get those compounds for themselves, even though what they received from Government is land for agricultural purposes, not compounds for self-aggrandisement and self-enrichment. It is my view that if those that reside in the compounds because the land resides with the President and those properties are now for the President, they can be given title deeds in the future and those compound residents do not track into the urban sector and remain with those houses as their own, according to Section 72 (7) (c) of the Constitution.
This is my clarion call and I met, in a plethora of places, the vendors, touts and those conductors for public transport and small vehicles in order that I can advance this notion so that they can get land and also those houses in compounds if the Minister of Agriculture and Local Government come here and give a Ministerial Statement so that we can have questions that are advanced for that purpose. I want to thank you for giving me this opportunity for this point of national interest.
THE HON. DEPUTY SPEAKER: I advise you to come up with a motion regarding that issue of farm compounds so that it can be debated in this House.
HON. MARKHAM: This week the nation was treated to some media on the gold mafia. I am shocked at the silence that the Government has treated this report. My concern is there are four reports that are coming out. Could we ask the Minister responsible, whether it is Finance, Home Affairs or Justice, I am not sure but could the relevant Ministry give us an answer to what is exactly happening on what has been exposed. My concern is that we have been definitely silent on the issues of the corruption that has been purportedly shown on the media. For example, I would immediately recommend to the Minister to call, as has been called by the public, for an audit or an independent investigation into Fidelity Printers and the RBZ. It is absolutely shocking that we have said and done nothing about it.
My second issue and it also embraces anyone in this country who claims to have a religion behind him with all this adultery happening in the name of pastors and the church. I believe that it is high time for this House to look at all the licences and the so-called duty-free statuses and tax-free statuses of all these so-called pastors because it is actually a business. They are not serving the people, they are serving themselves and the investments are in their own names, not in the name of the people and yet our Government remains silent. Those Ministries involved, if they had any integrity in them, there should have been some resignation or at least an answer. The fact that they did not resign means that they must be dismissed. The fact that they have not been dismissed means they are involved or incompetent or both. I thank you.
THE HON. DEPUTY SPEAKER: Hon. Markham, please may you come again on the issue of pastors. I did not get what you said.
HON. MARKHAM: My issue on pastors is that when you are under the so-called pastors and if you are under a licence and you do operate as a pastor, you are not treated as a business, you are treated as you are serving the people. These are now big businesses and in the case of what we were shown in big money-laundering businesses, this needs to be investigated as urgently as possible. I thank you.
THE HON. DEPUTY SPEAKER: Regarding the reports on Aljazeera, the Parliament Administration will convey the message to the responsible Minister to come to the House and give you the answer. On the issue regarding pastors, I think it is prudent for you Hon. Markham to come up with a motion so that the issues can be debated in this House.
*HON. MADZIMURE: Thank you Madam Speaker, I am appealing to the Minister of Finance to come to the House and speak on the problems that this House is facing, leading it to be empty. If you look at the Bills that the President said should be dealt with, it cannot be done if the MPs cannot come to this House because of some problems we are facing. If we pass the Bill with such numbers like we have today, we are bound to be called by the Constitutional Court. We cannot force MPs to go on Zoom because of network problems. We have a number of constituencies that do not have network. For instance, Hon. Nyabani who just won, it is difficult for him to get network in his constituency, so he has to drive to and fro Mt. Darwin to go on Zoom but he will not have fuel coupons to do that. With this situation, I am appealing for Parliament to adjourn until the Minister of Finance has the funds to pay for MPs’ accommodation. There was a better arrangement that had been suggested that if government cannot afford to pay hotels, they should look for houses to rent and they get cash for that. It is amazing that money for buying expensive cars and food we are getting but when it comes to our accommodation, we are facing a lot of challenges. Everyone who has served as an MP becomes a pauper as soon as they relinquish their posts. I want the Minister of Finance to come and issue a statement pertaining to when he is going to fund Parliament. If it is not possible to get money for the legislature whilst the other Arms of State are getting money, Ministers are going on their trips and not one is cancelled. However, Parliament is not being funded. This can only be so if we agree that we do not have parliamentary democracy in Zimbabwe. As it is, we cannot even finish one Bill. I think Madam Speaker Ma’am, when you got in here you were also amazed by the emptiness of the House. I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Madzimure, your request will be forwarded to the Minister of Finance so that he can come and give a statement pertaining to the accommodation for Members of Parliament.
*HON. HWENDE: On a point of order Madam Speaker. I feel that as leaders of this institution you are not taking this issue seriously because two weeks ago you gave a ruling that you were going to phone President Mnangagwa to give direction. If the Minister of Finance can lie that he is going to give finances to Parliament and he has not done so up to now and Parliament cannot force the Minister to honour his pledge, what about the people in the rural areas? The plight of MPs is that if government cannot afford to pay for their accommodation, let us go on recess until such time that the money is there. If MPs contribute on Zoom you tell them to come into the House. Network is problematic even here in Harare. We need correct and reliable responses. I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Hwende. It is not correct that I promised to phone the President unless if it was the Speaker who promised to do so. In that case I will remind the Speaker to phone the President.
+HON. L. SIBANDA: Thank you Madam Speaker, I just want to add on to what Hon. Hwende alluded to that the Minister is not taking this House seriously. Before we adjourned after passing the budget, the Minister of Finance agreed to give every MP $150 for accommodation. Where is the Minister right now with the money to give to the MPs? As it is, some of the MPs have aides and they do not have accommodation for them where they are staying. We just want the Minister to come and give us the money that he promised us during the budget.
*THE HON DEPUTY SPEAKER: It is correct that MPs should be given accommodation as they do their business. I thank you.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: I move that Orders of the Day, Numbers 1 to 14 be stood over until Order of the Day, Number 14 has been disposed of.
HON. TEKESHE: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PORTFOLIO COMMITTEE ON DEFENCE, HOME AFFAIRS AND SECURITY SERVICES ON THE BENCHMARK VISIT TO NAMIBIA ON WELFARE OF VETERANS OF THE LIBERATION STRUGGLE
HON. NGULUVHE: I thank you Madam Speaker. I am speaking on behalf of the Chairperson who is out on another business.
HON. NDUNA: I second.
THE HON. DEPUTY SPEAKER: Sorry Hon. Nguluvhe. You said you are seconding the motion?
HON. NDUNA: Yes, Madam Speaker. I second.
THE HON. DEPUTY SPEAKER: Hon. Nguluvhe, may you approach the Chair.
Hon. Nguluvhe approached the Chair.
THE HON. DEPUTY SPEAKER: Order Hon. Members! It has come to my attention that the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Benchmark Visit to Namibia is yet to be presented to this House. So, I advise that the debate by Hon. Nguluvhe must be expunched and the motion will remain on the Order Paper.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: I move that Orders of the Day Number 1 to 10 be stood over until Order of the Day Number 11 has been disposed of.
HON. MPARIWA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Eleventh Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. NDUNA: I would like to add my voice to the State of the Nation Address that was presented by His Excellency, the President on the Official Opening of Parliament, in particular on the new infrastructure development that cements and also bolsters our robust, resilient, effective and efficient relationships that we have with China. The infrastructure is second to none and it is my thinking that handing over that infrastructure to the Zimbabwean Government upholds the relationships on the all-weather friendship that exist between our eastern friends, the Chinese, Russians and the Eastern bloc. It also cements it in this way: the Chinese, the Russians and all those other friends in the eastern bloc, including Romania. These are the countries that helped us during our liberation struggle. This becomes my introduction to the State of the Nation Address that was presented by His Excellency. It should be used as a pedestal and platform to enhance further relations.
Having said that, the work was cut out for this august House in so far as it relates to the debate, passing of Bills and all such. There is a plethora of Bills that we need to expeditiously pass in this House – those that came from the Fourth Session of the Ninth Parliament that need to be debated vociferously. I also want to add my voice on those Bills – in particular the repeal of the Mines and Minerals Act of 1951 or 1961 so that it can be in tandem with the Agrarian Reform Act of 2000. That Bill is also coming before this august House and I am looking forward to effectively debate that Bill because there are more than 500 000 artisanal small scale miners in my place of placement in Chegutu West Constituency and these are the people that are carrying the flag in terms of the economic emancipation using our minerals, especially in the Constituency where I come from. I look forward to debating the Mines and Minerals Act and in the same vein repeal Section 3 of the Gold Act and also the Precious Minerals Act and Section 368 of the Mines and Minerals Act. I think it is both antiquated, archaic, moribund, rudimentary and medieval, to say the least. I believe and so do more than half a million artisanal miners in Chegutu; Believe, including Sarah Chikukwa, Marjory Ruzha, Patricia Nyamadzawo, Tawanda Chimutashu, Charles Makoni, Mr. Green and a lot of other artisanal miners that are embedded in Chegutu West Constituency.
The reason why I want to start with mining is because we have more than 60 minerals of which only 20 have been exploited and not even to the fullest. So there is a plethora of mines dotted around our country but in particular, in Chegutu West Constituency where the Great Dyke is the biggest which covers about 11 kilometers, all these minerals are dotted in and around that Great Dyke.
Therefore, when it comes to issues to do with beneficiation, value addition and talking about the minerals, my heart is on the right side because I know this is what carries the hope and future of this nation. This is also what can remove our country and indeed Chegutu West Constituency from an impoverished poverty position. We cannot be impoverished amidst the existence of a number of minerals. We need to use what we have to get what we want.
Having said that Madam Speaker, I applaud His Excellency for banning the export of raw minerals - in particular, first, it was the 30 million tons of chrome and now the issue of raw lithium ban. I really applaud him for having taken that stance because we get more than 10-fold or 50-fold out of a beneficiated and value-added lithium, platinum and chrome as opposed to selling it out and exporting it raw.
Platinum is in the PG Group of metals. If we export it raw, we definitely are shooting ourselves in the foot. In the Platinum Group of Metals is palladium, vanadium - including lithium itself and gold. The issue of curtailing the export of those minerals, especially platinum in the raw state and trying to force beneficiation and established refinery plant is a master stroke, and is applaudable to say the least.
I also want to applaud His Excellency for coming up with the issue of making sure that our minerals - the issue of royalties is paid 50% partly using minerals and 50% using hard currency. I am alive to the fact that China and Russia are going to be trading with Africa using the Chinese dollar, Yuan and the Russian Ruble, which is quite applaudable. The quicker that happens, the better. We cannot continue to have an albatross around our neck because of the ubiquitous amount of mineral wealth.
We also have uranium, beneficiating and value adding just a little ball of uranium is going to have us have a copious amount of power and energy. It has happened next door where South Africa has beneficiated uranium and they got power. It is my thinking that we need to take a cue from Iran and to take a cue from other developing countries to use our minerals for the good order of the citizens of Zimbabwe. We have nothing to fear, we need to use what we have to get what we want.
Having said that, I will move to the issue of beneficiating and value adding platinum. We get what we call catalytic converters, these are used on all automobiles. As a country, we have more than two million vehicles. As long as we are using fossil fuels and we are using the fuels that we are currently utilizing including ethanol, we have to use catalytic converters so that we reduce the emissions coming from petrol, diesel and fossil fuels which we will be using on our vehicles. There is need to value add our platinum so that we can manufacture catalytic converters.
Madam Speaker, there is need to also value add our chrome so that we can have ferro chrome coming out of it. There is the issue of Manhize coming up, there is need to applaud His Excellency for getting investors to invest at Manhize because we are going to be the largest steel plant in Africa. It is important that we value add our minerals so that we get what we can from what we have.
The issue of Mhangura Copper Mine Madam Speaker, as long as it has not yet been resuscitated, there is need to align our copper mining certificates and our copper trading certificates with the resuscitation of Mhangura Copper Mine. There is need to make sure that we revoke all copper trading licenses as long as Mhangura Copper Mine has not been resuscitated.
I think I have dealt robustly, effectively and to a larger extent, vociferously on the issue of minerals. I will now go to the mines themselves insofar as it relates to Section 13 (4) of the Constitution which is sui generis, meaning in a class of its own. Madam Speaker, this is what it says, ‘The minerals or the resources should benefit the localities from where they are extracted. The current set up where the mines in the areas of their jurisdictions, they are currently plundering the resources without giving back to the localities from where they are extracted, is criminal and it needs to be brought to a screeching halt.
The mines that I speak to and about, let us give an example, at the Nkai-Bulawayo Road; it is riddled with mines such as Queens Mine, Turk Mine and a plethora of other mines. My clarion call is just to give back to those communities using the Constitution so that they can rehabilitate and maintain the roads in the jurisdictions from where they are extracting our minerals.
We cannot continue in this way Madam Speaker where it sounds as though there is collision, corruption and nepotism. We should go into a stage where there is coordination, collaboration and networking so that the minerals can be used to rehabilitate the enclave and the infrastructure from where they are extracting their resources, in particular the road infrastructure.
I remember in the Eighth Parliament when I was the Chairperson of the Portfolio Committee on Transport, the backlog in terms of road rehabilitation and reconstruction was USD20 billion. I shudder to think how much there is now in terms of backlog Madam Speaker Ma’am.
I make this clarion call that the Minister of Finance and Economic Development, puts in a Statutory Instrument that is going to force these mines to rehabilitate the roads from where they are extracting the minerals.
I will give you an example Madam Speaker Ma’am; before ZIMPLATS and former BHP embarked on extraction of platinum from Ingezi Mine, they built a road that was so robust. They dug into the soil more than two metres and filled it up with rock before the asphalt laid with concrete and tar on top for 85kms. Government should force these mines to rehabilitate this road and road infrastructure. It is going to reduce our budget and see that we are in sync and in alignment with the Constitution, the supreme law of the land, Section 13 (4). I am making a clarion call that there is need for further beneficiation and value addition of our mineral resources. These mining houses should have a duty to give back to the communities where they are extracting; if not giving back to the communities but at least let them rehabilitate the roads that they are utilising.
Where I come from in Chegutu West Constituency, there is Chegutu-Mhondoro-Mubaira Road; a road that is less than 100kms. It is so dilapidated, disused, deplorable and unsightly Madam Speaker Ma’am. It certainly needs and leaves a lot to be desired. There are a lot of mines that are dotted on that road. It is my thinking and so is the thinking of the people of Chegutu West Constituency that when we come back into the 10th Parliament, we need to go and rehabilitate that road ourselves and go after those mines. It is lawful and I ask them to give us the money that we would have utilised to macadamise and tar that road because if the road is tarred and reconstructed, it can cut the distance to Beitbridge Border Post by more than 200kms if coming from Chinhoyi instead of going via Harare.
So, it is important, just and right for us to make sure that these mines give back to the community; if not, let them use the infrastructure that they found intact Madam Speaker Ma’am. What is currently happening, because minerals are a finite resource; they are not like flowers, once you extract them from the ground, you leave gapping holes. We have more than 10 000 dams, we do not need anymore as long as they are not planned. What is happening with the mines is that they are leaving environmental degradation in place, dilapidated and deplorable state of road infrastructure and it is not right Madam Speaker Ma’am.
It is my thinking that the miners should be forced to rehabilitate the roads. I will give an example of what happened with Hwange Colliery. They had been in existence for a century and in that century, they have reconstructed more than 900kms of road – all that in the Hwange locality, in the location and such like. All that place used to belong to Hwange Colliery Madam Speaker Ma’am; if Hwange Colliery could do it or did it; the other mines should also do it! If they do not do it, there is need for Government to make sure that they close them down until they do it Madam Speaker Ma’am – that is my thinking.
I am now going to go to the issue of housing infrastructure development. I come from Chegutu West Constituency and in Ward 5 there is a house that is called N23A. There are three families of 10 people each, who stay in a three-roomed house. Madam Speaker Ma’am, what it means is; we have a lot of people in one housing infrastructure. How do I hope to treat this disease? Where there are 10 people in one room; a whole family, there is no copulation; no procreation and no conjugal rights. What there is, is girl child abuse, early child marriages and the drug abuse because the children are watching the procreation of adults; they are watching adult acts and there is also the issue of …
THE HON. DEPUTY SPEAKER: Order, order! Hon. Nduna, you are left with five minutes.
HON. NDUNA: Thank you Madam Speaker Ma’am, I am hoping that when my time is up, somebody is going to give me some little time. I still have a lot of issues to touch on.
Madam Speaker Ma’am, I am proposing that where there is land given by the Ministry of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement for urban expansion; there is need for the urban councils, in particular, to look at the Urban Councils Act, Section 205 (1) (c) and Section 152 (1) (a) insofar as it relates to disposing of stands for housing infrastructure development. These two sections should be aligned to Section 72 (vii) (c) of the Constitution that says there is need to give land to the people both for agricultural purposes and housing infrastructure development.
There are three issues that are mentioned in the Estate Management in these statutes in the Urban Councils Act Madam Speaker Ma’am. One; the way they want to dispose of the land is either they lease it out or they sell it and the third issue is to give it out for free, that is, donation. It is according to their own statutes. These two sections, 152 and 205 speak one to another and should be aligned to the Constitution and vanobva vabuda shudhu. When they do, there can only be one part of that section that speaks to the issues of alignment of the Constitution to those statutes Madam Speaker Ma’am. It is giving this land to the masses of the urban society for free because we need to reduce the housing backlog.
Madam Speaker Ma’am, if a black man dies today; a Honda Fit might not even come out but if a white man dies today; there is going to be title deeds given for the houses; there will be vehicles and a lot because they benefited before Independence through the law that was set up for adjudication by the erstwhile colonialism. It is time for the empowerment of the people who were formerly marginalised. We did it in 2000 with the Agrarian Reform Programme; it is time to do it again for the issue of housing infrastructure development using the law; if you are not happy with the law Madam Speaker Ma’am, the issue that there is, is to change the law. Now I am not making a clarion call to change the law, I am calling for the urban councils to align themselves to the law. Otherwise, they are ultra vires the law Madam Speaker Ma’am.
So, I call for, in particular where I come from Chegutu West Constituency, there are 12 farms that are earmarked for urban expansion and one particular one that comes to mind is the thousand hectares Risboro Farm. In my view, that can house more than 50 000 people if that land is demarcated at a rate of 2002 meters each. So, I request that these farms for urban expansion should at least be a farm per each urban society given to the people and that land be given for free. As long as we continue to sell it to them, it is going to be bought by people from Harare and those who are gold magnets who have money already and a lot of people who are property magnets that already have money and it is not right and just. It would not have been given an opportunity to deliberately empower our people. Then we used to have the Empowerment Act and now we no longer have. Here is an opportunity to empower our people with houses.
I will go on now to the health delivery system, that is the clinics. When I was the Chairman of the Portfolio Committee on Transport, then we had five deaths per day due to road carnage and we had 53 people that were injured due to RTAs and I came up with a brilliant idea to turn our tollgates into some mini clinics from some of their rooms so that we can use them as accident victims stabilisation centres. I say this because 70% of our people that are involved in RTA die within the hour because they have not been stabilised.
[Time limit]
*HON. CHINOTIMBA: I want to add my voice to the debate that was raised by Hon. Togarepi. Firstly, the President spoke about development that is happening on our roads especially looking at Harare-Beitbridge Road and Mutare-Plumtree Road. That is indeed development that we have been looking for all along. What we want to do is to pay attention to rural areas because there are a lot of developments such as Pfumvudza Programme that is happening yet we have a problem of transporting what they harvest. Transporters always complain about the bad state of roads in these areas.
I would like to acknowledge the good work that was done on the Harare-Beitbridge Road. Everyone has seen it and everyone is happy. Even someone who may not appreciate the President ends up appreciating merely by using the state-of-the-art highway. I pray that this development goes all the way to Chivhu-Buhera Road. The Marondera-Wedza Road is being worked on. Most of these developments are only benefiting those in urban areas and those who drive all the way to South Africa but our rural populace is not benefiting. So, indeed I appeal to the President that, yes, we have realised that development but let us spread it to other smaller roads which need to be graded. The Chivhu-Buhera Road needs to be rehabilitated. There is not much progress but as you go to Rusape towards Nyazura, there is progress. So, I am very happy with the development that is happening in this country but let us pay attention to the rural populace because they are the ones who contributed to the development of this country. During the war of liberation, we benefited from their livestock but we are now neglecting them and paying attention to the urban folks. Right now, we have resuscitated the Mujibha-Chimbwido concept and they are the ones who are supposed to be travelling on those good roads because they fought for the liberation of this country. I am very happy with the development especially on road infrastructure but once again, I appeal that we need to pay attention to the rural populace.
With regards to minerals, I heard the President talking about lithium and he said we should not be exporting raw lithium but my appeal is, that should apply to every mineral in this country. They must be processed and not be exported in raw form. If it is gold, it should be processed and be value added to necklaces. When it comes to lithium, the European countries label their products “made in Britain” or “made in Germany” yet they use our raw resources. We are the ones who provide cotton for the manufacture of garments that we see written “made in Dubai” or any other country which means all these raw resources must be processed so that we end up with products from Zimbabwe. If you look at car engines manufactured abroad, they use our minerals to manufacture these components but we do not have the equipment to make them.
I once said that we are not providing resources to our universities. Some people actually laughed at Daniel Chingoma who wanted to make a helicopter but all what he wanted to do was to at least manufacture something from Zimbabwe. Some people laughed at Daniel Chingoma who wanted to invent an aeroplane but all what he was trying to do is to at least manufacture something from Zimbabwe and it ended up with people just laughing at him. I am glad that the President acted before things got worse. There was a time where we used to get bricks imported in this country. There were no molders. We want to thank the President for all the minerals, they all need to be processed in this country so that we get better benefits.
The other thing that the President spoke about is farming. It is very key to the development of this country but the way our people are being involved in agriculture is very expensive. Banks are giving exorbitant fees. In most developed countries, Government subsidises inputs but in this country, we only have crooks. I once asked who the owners of agricultural input makers are. I asked Hon. Minister Nzenza at Sheraton Hotel and she told me that she could not give me an answer. Up to now, I have not been given the answer about who owns agricultural input companies. All they are doing is fraud and stealing. They claim foreign currency at the Reserve Bank of Zimbabwe yet they do not use it for production but pass it on to the black market. I appeal that with regards to the agricultural sector, we need to tighten our belts because it is the source of livelihood for many people. The President is doing a great job by providing inputs through Pfumvudza, although some people sell those inputs. I wish the Pfumvudza Programme could be spread to A2 farmers because the current beneficiaries end up selling the inputs but the truth is that this country should honour its farmers by subsidizing inputs at 50%. That is my main message with regards to agricultural inputs.
You find SEEDCO seeds in Zambia, Angola and Mozambique – the same company that we have here in Zimbabwe yet the seed is cheaper in Mozambique than here in Zimbabwe. If you go to Zambia there is also SEEDCO near Livingstone, there is plenty of seed there. They actually tell us that they import some of the seed there from Zimbabwe. They say all the experts are from Zimbabwe and the seed is from Zimbabwe. The price is almost double here in Zimbabwe - 20kg costs about US$300 yet that side it is about US$90. Where are we going and how can we be productive in agriculture? I pray that the President also includes A2 farmers in the Pfumvudza Programme. That is what I wanted to talk about – inputs for agriculture, our minerals as well as our road infrastructure.
The President also talked about health and he tried a lot in terms of building clinics. What we now need is medicines to be available. The Minister of Health should travel vastly so that we get medicines. Our country is very wealthy. We must have plenty of medicine, gold and lithium must procure medication for our people. The industries must open and we should manufacture medicines here. CAPS must be empowered to manufacture, which will benefit everyone.
Finally, I would like to thank His Excellency – I wish all the African countries should emulate him. He likes to work hard, although there could be people who may not be straightforward in his Cabinet; he has shown us that indeed he deserves to get another term. I am sure that by 2028, we will be well advanced.
HON. MOLOKELA-TSIYE: I would like to join my colleagues in debating the SONA. I will start by emphasising the point that listening through the speech as it was being given, I struggled to connect between what the speech was aspiring to achieve and what the reality on the ground is across Zimbabwe. There was a clear disjuncture between the situation affecting millions of Zimbabweans and the highlights of the speech - it was so sad for me. It looked like the President is far removed from realities on the ground of Zimbabwe. I wonder how we are going to proceed if we are unable to have a SONA that speaks directly to the issues that are affecting the people of Zimbabwe.
Let me give you examples of things that I felt were not adequately addressed in the SONA speech. I will start with the strategy or the Government strategy around arresting the challenges we are facing in terms of monetary and fiscal policies. In terms of the Government strategy of arresting the hyper-inflation that we are facing at the moment. according to the speech, it looked like the President was convinced that everything is going on well but on the ground, it is clear that the RTGs continues to lose ground. Its value continues to depreciate all the time. As we speak, today it is trading at 1:1500 making it difficult for millions of Zimbabweans who, due to this multiple currency system we are having, almost everything is being paid in US dollars and we have to pay dearly for the weak performance of the RTGs as we change it into US dollars in order to make payments. There is clearly no effective strategy at the moment and I challenge Government to go back to the drawing board with regards to the value of the RTGs currency and the hyper-inflation that we are facing.
There was also mention of the strategy around gold coins. I am surprised that people are still talking about gold coins as part of the solution to arresting the socio economic crises we are facing. The last time I heard some serious discussion about it was some time last year. This year I have not heard anything pertaining to that. It is like there was talk of gold coins, then it just disappeared into thin air. We need solutions that are sustainable and viable. I have my strongest reservations on the strategy around gold coins and what it has achieved. The strategy needs to be revisited.
I also wanted to talk a little bit about mining. The speech also touched on that but for me, the first and most important thing is that the Mines and Minerals Amendment Bill has only come to Parliament in the last few months. In the Eighth Parliament, it had reached the stage where it was going for Presidential assent. The fact that we were to wait for more than four years for the Amendment Bill to come back to Parliament, clearly demonstrates the lack of commitment on the part of Government with regards to this matter, yet we know that this Bill is going to help transform our mining industry. It is one thing for Government to talk about sustainable development in mining and another thing for them to stay for four years without bringing this Bill. Right now, towards the end of this Parliament, the Bill is now being fast tracked yet it is a Bill that is bound to open up the mining industry to millions of Zimbabweans. The original Act was done in 1961 when the average citizen was a subject of the British empire and the local communities of Zimbabwe were not considered. Today we want a Bill that is going to help mining to be open to the people of Zimbabwe but for that Bill to take four years to come to Parliament; clearly demonstrates lack of political will on the part of the Government of Zimbabwe to address the historical and present issues affecting the mining industry, especially for the benefit of millions of Zimbabweans.
We also know that there is no clear strategy around value addition and beneficiation. Zimbabwe is one of those countries that is selling a lot of raw minerals, especially to China. If you go to Maputo in Mozambique you will see raw minerals from Zimbabwe destined for China. We are not beneficiating our minerals and we are losing value in the process. There is need for a clear strategy, which I did not hear in the speech. We should stop selling raw minerals. This is a colonial process. During the colonial times, African countries were expected to export raw minerals to Europe but today, 43 years after independence, Zimbabwe is still struggling to have a clear strategy around beneficiation in terms of value addition. We need to finish products in Zimbabwe. The speech did not come out clearly on that. It failed to be specific, visionary and strategic.
Then on the issue of green energy, we all know that in terms of coal, it is one of the most important sources of energy in Zimbabwe but as a country, we must accept that in terms of sustainable development in the industry of energy, there is need to move towards green fuels and environmentally friendly fuels. The speech does not address the need to go beyond coal mining as a source of energy in this country. We are overdependent on the Hwange Thermal Power Station and the Hydro Electricity Power Station in Kariba yet Zimbabwe, like most African countries, is blessed with a lot of sun. The speech did not speak clearly around an option towards solar energy in this country. What we need in Zimbabwe to day is to make sure that we have a clear strategy around harnessing solar energy. If I was the head of the Government of Zimbabwe, I would come up with a strategy that would make sure that all domestic energy in this country, especially in residential areas, is derived from solar energy. Every house in Zimbabwe would have solar panels on its rooftop so that only commercial and industrial usage can depend on thermal and hydro electricity. Right now, we are using a lot of electricity, for example to charge our cellphones. How many cellphones are in Zimbabwe right now? We have millions of handsets and we use energy from Hwange and Kariba Power Stations to charge cellphones yet we can use solar powered batteries to charge our cellphones. It is something that we can move towards, which is clean and green fuel. So, we need a clear strategy around alternative sources of energy and not continue to rely on Hwange or on coal. This is something that the speech should have addressed.
I also wanted to talk about road infrastructure. The speech highlighted the issues around the Harare-Beitbridge Road but failed to address the issues around death traps that we now have in Zimbabwe. The Bulawayo-Victoria Falls freeway is actually a death trap. We have repeatedly asked the Minister of Transport, Hon. Mhona to address this issue yet there is still no solution in site. We are having a lot of unnecessary accidents and deaths while Government continues to celebrate the Harare-Beitbridge Road. There is also another road that goes to Chirundu which is another death trap. So, we need a holistic approach and a clear strategy around road infrastructure. I heard mention of the Nkayi Road which everyone now knows is a perennial campaign slogan. Every time elections are coming, someone adds 5kms to the Nkayi Road. It is a well-known strategy.
The speech also touched on parastatals. I need to highlight the fact that institutions such as the Zimbabwe Broadcasting Corporation are institutions that are now anachronistic, obsolete and irrelevant. There is need for Government to come up with a wholesale reform when it comes to State-owned Enterprises. We cannot continue to have institutions such as ZBC, Air Zimbabwe, ZESA and others that are perennially loss making. There is need for a clear strategy to ensure that whatever State Enterprise should be viable. As things stand right now, the speech never addressed the issue of making sure that these institutions are fully revived.
We also have the NRZ which is lying idle at the moment and becoming more and more obsolete yet we need transport in Zimbabwe. NRZ is now a white elephant but the speech never touched on that. There is need for Government to come up with a holistic approach towards these State-owned Enterprises to make sure that they are profit making, viable and sustainable in nature. Related to that, I also wanted to talk about Air Zimbabwe. I heard today that Zambian Airways is back in the air. The speech never touched on a very important institution like Air Zimbabwe, an institution that opens Zimbabwe to the world. You talk about Zimbabwe being open for business yet Air Zimbabwe is grounded. You talk about Zimbabwe wanting to grow tourism yet Air Zimbabwe is grounded. There was no plan whatsoever towards resuscitating Air Zimbabwe and we need something to be done. Zimbabwe cannot continue to complain about sanctions being imposed against them yet they have a tourism industry that is underdeveloped at domestic level. Where is the strategy around promotion of domestic tourism? Zimbabweans are not visiting Hwange National Park, Kariba, the Eastern Highlands, Great Zimbabwe or Victoria Falls. Where is the strategy around domestic tourism which can be used to revive our transport industry? National Railways and Air Zimbabwe can benefit from the promotion of domestic tourism.
I also wanted to talk about education, especially from a higher and tertiary point of view. I am from Matebeleland North and we have the Lupane State University and we now have Hwange Teachers’ College. This is something that should be appreciated but we still do not have a polytechnic. The speech did not address the provinces that are still remaining behind, including Matabeleland North - especially when it comes to Higher and Tertiary Education. I would have wanted a situation whereby a polytechnic would be opened in Matabeleland. For example, in Binga District. They do not have an institute of higher learning. Matabeleland North needs a polytechnic and that can be opened in Binga.
The speech also touched on universal health coverage. If there is something where there is empty talk and rhetoric, it is on the issue of universal health coverage. This Government has repeatedly failed to honour its on commitment that was done in 2001 in Nigeria. We have the most important policy document on domestic funding for health which is called Abuja Declaration. This is a document administered by the African Union Commission. Zimbabwe signed that every year in its Budget, it will allocate 15% of its domestic budget towards health care. Zimbabwe has failed in the last 21 years dismally to honour that commitment. If we are going to achieve universal health coverage, we must stop talking about it. We must start allocating money towards healthcare.
Right now, our national ARV programme in response to HIV and AIDS is 90% funded by international development partners. We have mortgaged our health care system to foreigners. If you look at the health care infrastructure in this country, it is worse off than it was in 1980. If you want to see how this Government has failed the people of Zimbabwe, go to each and every district, look for any health care centre owned by this Government; go to any referral hospital and see how abandoned they are. There is no medicine, there is no proper healthcare, there are no professional healthcare workers. Doctors and nurses have left the country. The Government has, for 43 years, consistently failed the people of Zimbabwe when it comes to achieving the universal health coverage.
Whatever the speech said is not seen on the ground. We are moving from bad to worse. From what I read in the speech, there was no clear strategy to improve access to healthcare in this country and I would like to say that we are still far from coming back to reality on this matter.
I also wanted to talk about e-Government. Zimbabwe is one of the countries that is struggling when it comes to e-Government. Look at the number of queues that we have in our public institutions, in the Ministry of Home Affairs, in the hospitals. Look at the number of queues that people have been subjected to across the country when people can actually use their cellphones to access their services. We need to do more to make sure that people do not spend endless hours in queues. This Government has not come up with a clear plan to end these long queues that we see across the country.
I also wanted to talk about the foreign policy and engagement which the speech also addressed. I wanted to say that unless and until this Government takes seriously the issue around the diaspora, then there is nothing serious we should expect from it with regards to the international strategy. Right now, we have got millions of Zimbabweans who are disengaged from this country in terms of administration. Zimbabweans in the diaspora have no right to vote. Zimbabweans in the diaspora cannot even pay taxes to this country even if they want to. This Government does not have a clear policy of engaging the diaspora. We need a sustainable policy of engaging the diaspora. That makes Zimbabwe benefit from this human resource capital. This is a blessing in disguise that we have.
This Government still does not have a clear strategy. The diaspora must start voting. The diaspora must start paying tax. The diaspora must be part of our national development plan. This is one of the biggest failures of this current Government.
I also wanted to talk about admission into the global community in terms of reengagement. For example, in the Commonwealth - unless and until this Government starts to respect human rights and rule of law, this is not going to happen. We have a parliamentarian who has been incarcerated for 300 days, who is a member of this august House. In direct violation of the Constitution of Zimbabwe which clearly gives us the right to bail under Section 58. Hon. Job Sikhala is still in pre-trial detention in spite of 15 appeals for applications for bail. It is a failure of this Government. We do have a lot of political prisoners. We will never be accepted as a serious democracy when we victimise our political opponents as a country.
Last but not least, I wanted to talk about devolution. This Government has failed to bring an Act of Parliament, a Bill into this Parliament for 10 years since the 2013 Constitution was adopted. It is not serious about devolution. I thank you Mr. Speaker.
HON. NDUNA: Thank you Mr. Speaker. I move that the debate do now adjourn.
HON. L. SIBANDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 29th March, 2023.
On the motion of HON. NDUNA, seconded by HON. L. SIBANDA, the House adjourned at Nine Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 21st March, 2023
The National Assembly met at a Quarter-past Two o'clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
HON. MUTSEYAMI: Thank you Madam Speaker. I have a question of national importance to the Minister of Transport and Infrastructural Development, Hon. Mhona. We have a serious problem with regard to a national road which links Mozambique, Zimbabwe via Mutare. This national road has a high flow of traffic, especially heavy trucks. It is a busy road and these trucks link Zimbabwe, Zambia, DRC and in other cases, they link Botswana.
The problem we have Madam Speaker is that it was put to the attention of the Minister of Transport and Infrastructural Development some time in 1995. It is the Herbert Chitepo Road; part of the road links Mutare and part of the Green Market. There is a bridge there and that bridge links the flyover and the bridge at Green Market. The Hon. Minister knows this story because it is on the record of the Minister of Transport and Infrastructural Development. There was a plan which was done at national level for that bridge to be expanded and to expand as well the flyover - but up to now nothing has been done and all of a sudden, it is becoming more of a national crisis because it is affecting the countries that I have mentioned in terms of movement of transport and in terms of time management.
I think it is important for the Hon. Minister to address this matter and probably put a response to the attention of the country as well as to the people who are affected. Madam Speaker, I put it to you so that this communication can be done to the attention of the Hon. Minister to give us a statement so that we do a follow up. Thank you, Madam Speaker.
THE HON. DPEUTY SPEAKER: Thank you Hon. Mutseyami. It has been noted. We will convey the message to the Minister of Transport and Infrastructural Development.
(v)*HON. S. MAHLANGU: My question of national interest is that Government promised the people that it would decentralise its Central Registry offices. Unfortunately, there is an office which has since been moved from serving the people of Bulawayo. Now because of that, people in peri-urban areas are having a problem in accessing national IDs and birth certificates. We therefore request relevant Ministers to liaise and iron out this problem. We would like to request Hon. Soda to attend to the matter of electricity connectivity. I thank you Madam President.
*THE HON. DEPUTY SPEAKER: I thank you Hon. Mahlangu. I request you to bring that as a motion to this House so that it can be debated and the Minister will reply after the debate.
HON. NDUNA: Thank you Madam Speaker. I stand on this pedestal and platform on a point of national interest. I applaud first and foremost, the Second Republic for the coming on stream of Hwange 7, the 300 megawatts and am hopeful that Hwange 8 is going to complement and augment the same. I complement and also applaud the Second Republic on the same. Having said that Madam Speaker, there has not been advanced, through the Minister of Transport and Infrastructural Development, a clear policy in so far as it relates to the rehabilitation, reconstruction, maintenance and rejuvenation of our national roads, in particular those that cut off from the trunk roads into the mining areas; aware that there are a plethora of mines dotted around the country who are not giving back or reconstructing the roads from where they are extracting a ubiquitous amount of mineral wealth. I will give an example of Kwekwe-Nkayi where there is Queens Mine, Tech Mine and a number of mines on that road, but they are not giving back to the community according to Section 13 (4) of the Constitution in so far as rehabilitation of our road infrastructure is concerned. They go in, they plunder, they make our road dilapidated, deplorable and disused without mending them Madam Speaker and there is the 52km Chegutu-Mubaira Road. It is also in the same state but there are a number of mines dotted around that area.
I therefore, Madam Speaker, call upon the Minister of Transport and Infrastructural Development to come and give a policy position in so far as it relates to the issue of PPPs where there is no Government capital outlay but where there is robust, resilient, effective and efficient rehabilitation of our road infrastructure so that our people out there can enjoy the fruits of Section 13 (4) that speaks of the resources that are extracted in those areas should be made to actually improve not only the roads but the areas in those communities. I thank you.
THE HON. DEPUTY SPEAKER: I advise you to put that in writing and ask as a question on questions with notice so that the Minister will do a research and come to the House with the answers concerning your issues. Thank you.
HON. BITI: Madam Speaker I thank you for allow me to rise on a point of national interest. Madam Speaker I am concerned about the issue of illicit financial flows in Zimbabwe. We are losing over US$2 billion annually in illicit financial flows. What we are losing in terms of illicit financial flows is actually more than what we are getting in terms of diaspora remittances US$1 billion, what we are getting in terms of foreign aid or overseas development assistance and what we are getting in terms of foreign investment which is around $200 million. The major culprits are the mining houses - organisations such as the ZimPlats of this world, the Unkies of this world who are guilty of transfer pricing, thin capitalization, under invoicing and over invoicing.
The mining sector is bleeding. It is accounting for $6/$7 billion a year, yet billions are getting out of our country. We have got 65 minerals but they are not benefiting our country. Most of the mining model in Zimbabwe is extractive. You come in, you loot and you get out leaving total destruction, unemployment and so forth. Look at the status of Mhangura in Mashonaland West Province, it is a ghost town. Go to Renco in Masvingo, the road there looks like a road that was built in 1492 but they have been getting gold from our country. So I urge that the Minister of Finance and Minister of Industry and Commerce should come up with legislation that deals with illicit financial flows from this country. We are losing a billion USD from tobacco smuggling, a billion USD from gold smuggling on its own and we are now losing possibly $2 billion on lithium alone. Lithium yavakungo pwititika muZimbabwe. As I am talking to you right now, the price of lithium is US$80 000 a tonne. That is the new black gold and we have nothing to show for it. Our people are suffering; 79% of our people are living in extreme poverty, 95% are unemployed, yet on paper we are a very rich country. So I urge that the authorities come up with legislation on illicit financial flow and push the UN to come up with an international convention that deals with illicit financial flows. I thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Biti. I advise you to come up with a motion regarding those issues. They are very valid but you need to come up with a motion that will be debated in this House. I thank you.
The Hon. Deputy Speaker having been advised by the Clerks- at the-Table.
Hon. Biti, there is already a motion regarding those issues on our Order Paper. You could propose for some amendments on that motion so that it will cover all what you have said. Thank you.
HON. I. NYONI: Thank you Madam Speaker for giving me this opportunity to highlight this very important point of national interest. It is Government policy that senior citizens of our country - those who are 65 years and above receive free medical attention at our major hospitals such as Parirenyatwa, UBH and others. In reality, this is not happening. It is actually a theory on paper. When they get there, they do not pay consultation fees. When they get attention from a doctor, there will be instances where they are required to undergo scans and X-rays. The equipment in most instances is not functioning and they are referred to private players to get the scans and X-rays. The issue here is that the payment is done by themselves. Why is it not that the Government goes ahead and pay those private players since the equipment at the public hospitals are not working?
Recently we had a case where a 90-year-old lady needed an eye operation because the eyes were not seeing properly. She was asked to pay US$100 per eye. Only US$100 was realized, the operation was only done on one eye and this was done at a Government hospital. Then the issue of free treatment of senior citizens does not appear to be in reality. My prayer is for the Minister of Health to bring clarity on whether this thing is a reality. If not, if it can be brought into effect. I thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Nyoni. I advise you to ask the Minister of Health on Wednesday so that he will respond to your issues.
*HON. TOBAIWA: I rise on a point of national interest, directed to the Minister of Mines and Mining Development as to what measures he has put in place to ensure that there is an eradication of mining activities taking place less than 500 metres from built up areas. I say so because of the accident that occurred at Globe and Phoenix Mine where the school collapsed as a result of illegal mining activities, precisely there was blasting that took place close to the school that led to injury of 18 pupils. The Hon. Minister may attend to this issue in liaison with the Minister of Local Government. I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Tobaiwa. I urge you to ask that question on Wednesday next week.
HON. MARKHAM: On a point of order. I just like to highlight that all these questions have been asked not answered, I understand the Chief Whip and everyone - I would like to point out that I asked in August, 2022 the Minister of Homes about IDs in my area and the nation at heart. On Monday, they appeared in my area without notifying anyone. As a result, we got only three people registering for IDs and since then they packed. I would like to know what the Hon. Minister is going to do. We are now eight months since August and nothing has happened. We are still waiting for that statement.
I move on to the second Ministry, which is the Ministry of Agriculture. Five months ago, when winter wheat came in, I asked him for a statement which you, yourself instructed that he must give us a statement on payment to wheat farmers. To date, we still have not got that and wheat farmers, not all of them have been paid yet.
I also brought up a very important issue where State funds are being looted by TIMB through a programme called ‘re-entry’. The Minister was supposed to give us a statement. The marketing system is now one week into progress with 11 million killers and re-entry is still operating and no-one has done anything. I asked - how are Ministers held accountable when they get some fantastic results in the newspaper yet they cannot answer simple questions in Parliament? I thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Markham, I advise you to ask the Minister of Home Affairs next week on Wednesday.
HON. MARKHAM: Sorry Madam Speaker. You have already ruled that he should bring a statement. He cannot wait eight months to bring us a statement.
THE HON. DEPUTY SPEAKER: Thank you. I will remind him to bring the statement.
On the motion of HON. TOGAREPI seconded by HON. MUTSEYAMI, the House adjourned at Twenty-Four Minutes to Three o’clock p.m. until Tuesday, 28th March, 2023.
PARLIAMENT OF ZIMBABWE
Tuesday, 21st March, 2023
The Senate met at Half-past Two o’ clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. TONGOGARA, the Senate adjourned at Twenty-Five Minutes to Three o’clock p.m. until Tuesday, 28th March, 2023.
PARLIAMENT OF ZIMBABWE
Thursday, 9th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
HON. MAKARI: Thank you Hon. Speaker. Allow me to read a statement by the Zimbabwe Women Parliamentary Caucus in light of the International Women’s Day Commemorations.
The Zimbabwe Women’s Parliamentary Caucus joins the global community to commemorate the International Women’s Day, whereby we celebrate the work being done by women globally to serve humanity. As a country, we are proud to be making great strides towards achieving gender balance as stipulated in Section 17 of the Constitution. Section 741 of the National Development Plan 1 (NDS 1) 2021 to 2025 provides for gender mainstreaming in the development process. In addition, the National Gender Policy Article 5.8 on policy strategies provides that Zimbabwe is committed to taking measures to promote the equal access to ICTs and digital technology. Therefore, women’s and girls’ equal access and meaningful participation in the ICT ecosystem is integral to the realisation of inclusive information society and women empowerment by 2030.
It is a fact that while the world is increasingly digitalized, many women and girls continue to lag behind in terms of accessing digital networks and related opportunities as compared to men and boys. Access to ICTs and affordability remains a major challenge for women in developing countries, including Zimbabwe, and this has created what is known as ‘digital gender divide’. It is estimated that 62% of men are using internet compared to 57% of women at global level with only 19% of the women being in least developed countries. This explains why digital technology is of special focus during our 2023 commemorations.
As you may all be aware, the theme is of special focus during our 2023 commemorations. As you may all be aware, the theme for 2023 International Women’s Day is titled “DigitALL: Innovation and Technology for Gender Equality”. This theme is aptly put in line with the theme for this year’s 67th Session of the Commission of the status of women, which is, “Innovation and Technological Change, and Education in the Digital Age for Achieving Gender Equality and the Empowerment of all Women and Girls”. Access to digital technologies and skills for women and girls has always been a challenge and this could be mainly attributed to lack of physical access, affordability, lack of education and skills and social norms, for example, preventing women and girls to have access to mobile phones or the internet, among others.
Therefore, as the ZWPC, we have been pushing for gender sensitive budgets in Parliament, particularly targeting rural electrification as measures to reduce women’s burden on energy and calling the Government to engage in public-private partnership and develop the ICT sector in order to enhance access to ICT to all. One of the key findings of the Portfolio Committee on Women Affairs and SMEs Development outreach in 2022 was the need for improved access and use of ICTs and digital space to conduct marketing of women products. On this note, the ZWPC is proud to have capacitated its members on basic ICT literacy skills as ways to equip and empower them to undertake research on their own, use e-health technology, use the social media to market their work, among others.
The Caucus applauds the Government for investing and promoting the use of ICTs and solar powered clinics and hospitals in the country. This has contributed significantly to the decrease in infant mortality rates due to the increased use of innovations and technology in the country, particularly the solarisation of rural clinics. Through the Sustainable Energy for Heath Development Fund, the Government has completed the installation of a high-power solar system at many clinics, improving the quality of service delivery for mothers and other community members at large. This is one of the many innovations and use of technology in Zimbabwe where we have witnessed an improvement in the lives of women and girls.
THE HON. DEPUTY SPEAKER: Hon. Member, your speech is supposed to be less than two minutes.
HON. MAKARI: Thank you Hon. Speaker, I am almost through.
As women legislators, we shall continue to ride on the available legislation, while at the same time push for legislative reforms to support women empowerment agenda. As we all know, that the journey of a thousand miles began with one simple step. We are so convinced that barriers that deter us as women along the life’s journey are weakening and soon we shall break through. Lastly, I would like to say Happy Women’s Day to all women in Zimbabwe, we continue to rally behind you all as we push for the enactment and implementation of women sensitive laws.
*HON. TEKESHE: Thank you Hon. Speaker, I rise on a point of national interest on the compensation being given to accident victims. Three months ago, someone was involved in an accident when he was travelling in a Tenda bus. His hand was seriously injured, to the extent that he can no longer use it. He came to me and said he was given 38 000 RTGS as compensation. Imagine 38 000 RTGS which is equal to 38US or somewhere there. He used his money to treat the injuries and Hon. Speaker, this is a mockery honestly.
Some 10 years ago, my Zimbabwean friend was involved in an accident in South Africa and he died and his wife was given 600 000 Rands as compensation. Despite the fact that my friend was a foreigner in that country, he was compensated to the tune of 600 000 Rands and it was almost equivalent to US$60000 during that time. I also appeal that something must be done when one is involved in an accident, you will not be able to work due to that accident. Imagine in Zimbabwe such a person was given 38 000 Zimdollar, 43 years after independence, we cannot even take care of our own people. I think it is now a long time since we got independence that we are able to see how best we can compensate a person after such a fatal accident.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Tekeshe. That is why you are here in Parliament. I urge you to ask the responsible Minister that question – [HON. TEKESHE: I always ask that question but nothing comes to fruition.] -
HON. WATSON: Thank you Madam Speaker for this opportunity. My point of national interest relates to cases of suicide of students who claim to have been bullied at school. I would like to implore the Minister of Primary and Secondary Education to bring a statement about what they intend to do to try and resolve the issues of bullying in Government schools, particularly senior schools.
In Bulawayo, it is very prevalent and it has now caused great tragedy in our community. I think that these are major schools that the Minister should come and tell us what they are planning. Thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Watson, the Parliament Administration will convey the message to the responsible Minister so that he will bring a Ministerial Statement regarding that issue.
*(v) HON. MAGO: Thank you Madam Speaker Ma’am. My point of national interest concerns roads. I used Masvingo-Bulawayo Road just last week. From Zvishavane, I saw four cattle and one vehicle, all have been involved in accidents and the cattle were dead. The reason is because trees are too close to the road. I do not know if it is not possible for the Minister of Transport to do something so that those trees are cut. I thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Mago. I also urge you to ask a question to the Minister of Transport concerning that issue.
(v)*HON. MAFUTA: Thank you Madam Speaker. Mine is a question of national interest to the Minister of Education concerning cancer patients. We realise that we have a challenge with regards to cancer patients. I hereby refer to the Ministry to assist by reducing the charges, especially for chemotherapy drugs so that it becomes affordable to everyone. I also request for ambulances to be availed, especially to remote areas. Some of the patients are supposed to go to Sally Mugabe for treatment and would not have transport as well as money to take them there.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Mafuta. Did you want to say Minister of Education or Health?
(v)HON. MAFUTA: Minister of Health.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Member for that very important point of national interest. I urge you to put your question to the responsible Minister with regards to any remedies to cancer problems. I thank you.
HON. NDUNA: Thank you Madam Speaker Ma’am. My point of national interest borders around the provision of health. It is enshrined in the Constitution, Right to Health, Section 76. If it pleases you Madam Speaker Ma’am, to ask the Minister of Energy to expeditiously isolate the hospitals and all health care institutions so that in times of load shedding or deficiency in power provision, they are not load-shedded. They continue unimpeded to receive power because we have more than five people dying every day due to road carnage; 43 getting injured and all these people need to find attention using MRIs and X-rays and all these use copious amounts of power.
Therefore, it is my fervent view that going forward, there should be a deliberate programme to provide equipment and all the necessary materials to isolate the health care institutions so that in times of load shedding they are isolated and kept alive all the time in order to avert, avoid and completely annihilate the scourge of death which can otherwise be avoided, was the robust, resilient, effective and efficient health care delivery system because of power provision. I thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Nduna. You have raised a very valid point on a matter of national interest but I urge you to bring it as a motion in the House so that it can be debated.
SECOND READING
ELECTORAL AMENDMENT BILL [H. B. 11, 2022]
First Order read: Adjourned debate on motion on the Second Reading of the Electoral Amendment Bill [H. B. 11, 2022].
Question again proposed.
HON. NDUNA: I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 21st March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: I move that all Orders of the Day be stood over until Order of the Day, Number 17 on today’s Order Paper has been disposed of.
HON. TEKESHE: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PORTFOLIO COMMITTEE ON BUDGET, FINANCE AND ECONOMIC DEVELOPMENT ON VISITS TO FLAGSHIP INFRASTRUCTURE PROJECTS
HON. DR. NYASHANU: I move the motion standing in my name that this House considers and adopts the Report of the Portfolio Committee on Budget, Finance and Economic Development on visits to Flagship Infrastructure Projects.
HON. MADZIMURE: I second.
HON. DR. NYASHANU: 1. INTRODUCTION
In accordance with the National Development Strategy 1 and as part of the COVID-19 post recovery measures, the Government established the 2021 Zimbabwe Infrastructure Investment Programme, which targets construction and upgrading of essential projects aimed at facilitating delivery of public utilities. These include, among others, electricity supply, water and sanitation provision, transportation, and ICT broadband services. The goal is to address and overcome some of the challenges posed by the current infrastructure gap, which is stifling growth and economic development. In this regard, the Parliamentary Portfolio Committee on Budget Finance and Economic Development conducted field visits to selected infrastructure projects across the country from 3-7 July, 2022.
COMMITTEE OBJECTIVES
- To assess the progress made in infrastructural developments vis-a-vis the targets set out in the 2021 Zimbabwe infrastructure Investment Programme;
- To assess value for money on the ongoing infrastructure projects, particularly in addressing the needs of the local people through subcontracting, procurement and employment.
3.0 METHODOLOGY
As part of the enquiry, the Committee visited the following infrastructure projects; Beitbridge Modernisation Project, Bulawayo Water Works, Gwayi-Shangani Dam and Hwange 7 and 8 Thermal Expansion Project from 3rd to7th July, 2022. The Committee had meetings with the site engineers and contractors as well as toured the infrastructure projects.
COMMITTEE FINDINGS
Beitbridge Modernisation Project
The Committee was informed that ZimBorders Consortium, in collaboration with the Government, committed US$300 million to the whole modernization and improvement initiative, which is scheduled to be completed by April 2023. The programme is being carried out on the basis of a 17-year Build-Operate-Transfer (BOT) concession between the ZimBorders Consortium and the Government of Zimbabwe. Under the Concession, the Government is providing land and technical support while the consortium is providing funding and civil works. To date, more than 1600 Zimbabweans have been employed by the project. The Committee was further informed that the project was structured to have three terminals to separate traffic namely; Phase 1, Phase 2 and Phase 3 as explained below.
4.1.1 Phase 1 (Freight Terminal)
This phase consists of freight terminal, roadways, and ICT facility upgrades and was completed in October 2021. Some of the latest developments at this terminal were introduction of electronic ceiling of cargo, whereby any diversion of the truck from the route would be tracked. The contractors were also aiming at changing the current scanners and introduce drive through scanners by early 2023. This was meant to reduce truck waiting time from 12 hours to three hours. It was also reported that they were handling an average of 800 trucks per day, while during good days they would handle about 1200 commercial trucks daily. It was indicated that this number could be surpassed if ZIMRA continues on upgrading efficiency issues through automation.
4.1.2 Phase 2 (Bus Terminal)
The Committee was informed that this terminal was mainly for buses and was completed in June 2022. All construction works and ICT improvements had been completed. The Committee was also shown rooms for nursing mothers as well as changing rooms. The picture below shows part of the phase 2 terminal.
4.1.3 Phase 3 (Light Vehicles and Pedestrians)
This terminal is mainly for light vehicles and pedestrians. The Committee was informed that it was 60% near completion and was expected to be finished by October 2022. The Committee was also notified that there was a port of health which caters for those in need of medical services. The picture below shows the phase 3 of the project.
4.2 Gwayi-Shangani Project.
The Committee was informed by ZINWA officials that the construction of the Gwayi-Shangani Dam is the first phase of the National Matabeleland and Zambezi Water Project (NMZWP). The primary purpose is to supply portable water to the City of Bulawayo and primary water for surrounding communities of Hwange and Binga Districts. The dam would also have capacity to command up to 10 000 ha of irrigation as well as fish farming upon completion. The second phase of the NMZWP is the construction of a 251 km pipeline to convey water from Gwayi-Shangani Dam to Bulawayo. The third and final stage will be the construction of a 122km pipeline from the Zambezi River to link Gwayi-Shangani Pipeline.
4.2.1 Phase 1 Construction of the Gwayi-Shangani Dam
The Committee learnt that the contractor responsible for this project is China International Water and Electric Corporation Pvt. Ltd, which was initially awarded the contract in 2003 by the National Matabeleland Zambezi Water Trust. The Government took over from the National Matabeleland Zambezi Water Trust in 2012, and the contractor resumed work in 2017. However, there were some delays in 2019 and 2020 due to insufficient cash flow as well as the impact of COVID-19.
The current contract was signed in 2012, and the contract price for this project was USD $121 732 922.60. In the 2022 National Budget, ZWL $3 600 000 000 was allocated to the project. By the time of the visit, ZWL$ 2 527 022 000 had been disbursed and the project was at 67 percent completion. There were also costs identified by the evaluation team as a result of settlements falling under the dam's servitude that needed to be relocated. These include 27 villages (734 households), Lubimbi business centre (5 Properties), and 8 Institutional Centres (3 community schemes and 5 churches) that require a total compensation of US $2 043 665. The image below depicts the project as of 5 July 2022.
In terms of challenges, the Committee was informed that the project has witnessed losses in the value of certified works due to changes in cost (dropping of US dollars) and local currency (ZW$) parity positions. Contract pricing in ZW has had a knock-on effect on the project, as ZWL were being eroded by inflation. However, in order to provide fair compensation and to lock in the value of completed work, it was suggested that all Interim Payment Certificates (IPC) be processed in US dollars, with amounts converted to local currency on the day of payment at agreed terms with the contractor and Government.
Furthermore, the Committee was informed that fund disbursements from the Ministry of Finance and Economic Development were lagging and that the project had not received any cement consignment from June 6 to June 30, 2022. In addition, ZIMRA garnished China International Water and Electrical Corporation accounts on June 132022 for the fourth time in the same year, citing tax compliance issues and demanding VAT payment soon after submitting an Interim Payment Certificate to an employer. The contractors also stated that if a permanent solution was not found, garnishing of accounts that had not been resolved since the beginning of the year would continue to impede progress on site. Furthermore, contract workers from the contractor's camp were forced to stop working on June 15, 2022, due to unpaid wages. The workers resumed on June 23 when they began receiving salaries, and this has slowed progress on site and prevented the set target of four meters of construction per month from being met.
4.2.2 Phase 2 (Construction of a 251 km pipeline to convey water from Gwayi-Shangani Dam to Bulawayo)
ZINWA officials informed the Committee that the second phase was the construction of a 251 km pipeline to convey water from Gwayi-Shangani Dam to Bulawayo. The project is 100 percent funded by the Government and has contracted 12 companies which consist of 11 locals and one foreign company to provide fiber glass pipes. The project has not been able to meet its timelines due to resource constraint, particularly the construction of the dam and the pipeline.
The Committee was further informed that the pipes being used at this project were 1.2m in diameter and made of fiber glass, which is expected to be durable material. The pipeline will have six pump stations along its route, each with a reservoir for irrigation purposes in communities such as Lupane, Tholotsho, and Umguza. In addition, the Committee was informed that the pipes would transport water to Cowdry Park treatment plant. This plant will treat 220 mega litres of water, which will exceed Bulawayo's current demand of 155 mega litres. The water from the treatment plan would be sent to the Magwegwe reservoir and the project would be expanded to the southern side Criterion because Magwegwe only supplies 35% of the city's needs. The picture below shows part of the project.
4.3 Hwange Unit 7 and 8 Expansion Power Project
4.3.1 Overview of Current Running Plant – Hwange 1-6
The plant was built in the early 1980s and has therefore outlived its lifespan. The major challenges of operating the aging plant were forced outages and low loads, which were brought on by boiler tube leaks, ID fan failures, the need to generate 450MW for winter, condenser tube leaks, insufficient vacuum, HP heater failures and air heater leaks. At the time of the visit, only four units were running with the other unit on fire recovery stage and expected to be operational soon. The Committee was informed that the planned intervention is life extension for all the units.
4.3.2 Hwange 7 and 8 Expansion
The Zimbabwe Power Company Officials informed the Committee that Hwange Unit 7 and 8 Expansion Project was being financed through a loan facility from the China Exim Bank. Hwange Electricity Supply Company (HESCO) is a vehicle that was used to borrow money from the Chinese Bank. The board of the company consists of nine members of which, six are from ZPC, and three are from Sino hydro. Thus, in terms of shareholding structure, ZPC has 64% and Sino hydro 36%. Sino Hydro of China is the implementing consultant, with Hatch, a Canadian firm consultant, helping with technical expertise and the Zimbabwe Power Company team in charge of quality control. The loan will be repaid over a period of 20 years from the time power generation begins whereby Sino Hydro will operate it for the first six years. The overall project budget is US$1,174 billion, China Exim bank will contribute 85 percent of the costs and Sino Hydro15%. At the time of the visit, completion rate was at 89.7% whereby Unit 7 is expected to have been completed by November 2022 and Unit 8 by February 2023.The picture below shows part of the work.
The Committee was informed that 600MW of power were expected from the Hwange 7 and 8 which would be a significant milestone for Zimbabwe in terms of meeting the power need of the country. The phase's components included Hwange B, Sherwood B in Kwekwe, and Insukamini and Marvel Substations, with a total of 349km constructed by the time of the visit. The local market has benefited from around $117million through water supply and coal supply, among others.
In terms of staff complement, there were 1302 Chinese and 3586 Zimbabweans mainly from the local communities. This arrangement would facilitate skills transfer. The Committee was informed that the company had donated 500 chairs and 500 desks to Neshaya Secondary School, as well as COVID-19 PPE and USD$30,000 to COVID-19 isolation facilities as part of its corporate social responsibility.
The Committee was informed that some of the challenges being faced by the project implementation included but not limited to the following;
- The relocation of 427 ZPC lower-level employees, who currently reside in previously built Ingagula residence due to environmental concerns such as too much dust. This would cost US$87 million, all of which must come from ZPC internal funds.
- ZPC would need funds for additional internal expansion-induced projects that are not included in the project budget in order to pay for maintenance on Sino Hydro, loan payments, and coal payments in the first three years following completion.
- Unresolved Payment Certificates (invoices) amounting to US$265m in unpaid invoices for completed work is holding up progress, and China Exim Bank is adding interest due to the delay. Hwange 7 was scheduled to be completed in September 2022, and Hwange 8 in March 2023, but these dates might be in jeopardy due to funding delays.
- ZESA rates and tariffs were not cost reflective, which impacted equipment maintenance and sustainability.
- Committee Observations
- Pricing of contracts in ZWL had a ripple effect on projects as the ZWL was being eroded by inflation.
- Late disbursements of funds from Ministry of Finance and Economic Development at the Gwai-Shangani project was the major cause for failure to meet targets.
- Concentrating on the Gwayi-Shangani Dam project without prioritising the pipeline would mean that the primary purpose of the dam would not be achieved.
- Garnishing of China International Water and Electrical Corporation accounts by ZIMRA since the beginning of the year would continue to hamper progress on site if a permanent solution is not found.
- The extension of the Bulawayo Pipeline to Criterion was necessary as it would solve water issues affecting the whole of Bulawayo.
- The local engineers were on the lead at all the projects visited, which is a good initiative.
- Unresolved Payment Certificates (invoices) for finished work by the China Exim Bank is holding up progress at Hwange Thermal Power Station.
- Completion of the Hwange 7 and 8 Thermal Power Station is vital as it would go a long way in solving power challenges in Zimbabwe as well as enabling the country to export excess electricity.
- The Beit-bridge Modernisation Project had met their targets of completion in all the phases.
- Committee Recommendations
- The Ministry of Finance and Economic Development;
- To process all IPCs in United States Dollars and the amounts could be converted to local currency on the day of payment at agreed terms with the contractor and client by April 2023.
- To disburse money on time, especially, for the Gwayi-Shangani Project to avoid stalling progress.
- To immediately prioritise the Bulawayo Pipeline in terms of disbursement of funds and paying of contractors as it is the primary purpose of the Gwayi-Shangani Dam.
- To consider the plan by the Bulawayo City Council to extend the Pipeline to Criterion as it covers the greater part of Bulawayo by April 2023.
- To liaise with the China Exim Bank to resolve Payment Certificates (invoices) for finished work at Hwange Thermal Power Station by April 2023.
- The Zimbabwe Revenue Authority
- Not to demand VAT payment soon after submission of an IPC to an employer but rather charge on paid invoices by April 2023.
- The Ministry of Finance and Economic Development;
7.0 Conclusion
The Committee appreciates the commitment by the Government to construct and/or upgrade all the critical public utility infrastructure in Zimbabwe that have been on the drawing board or that have stalled for a long time. It is worth noting that upon completion, most of these projects would change the narrative for Zimbabwe as it strives to attain Vision 2030, which is to become, ‘a Prosperous and Empowered Upper Middle Income Society by 2030.’ I thank you.
HON. MADZIMURE: Thank you Hon. Speaker, I rise to second the report presented by Hon. Dr. Nyashanu. It is important for us as Parliament to understand that whenever we pass the budget in this House and money is allocated, it is our responsibility to monitor and evaluate how that money is being used. It is unfortunate that we do not have a vibrant caucus group that deals with the issue of monitoring and evaluation. After the implementation, there is need to evaluate the projects to see whether the money is used in a proper way. Sometimes we may be satisfied by the infrastructure but not understanding the resources used for that infrastructure. Sometimes we lose a lot of money when the infrastructure is put in place, operate and then transferred. All the same, it is important for us to look at how durable and suitable are the physical structures that have been built.
Madam Speaker, the Beitbridge project makes a lot of sense considering that Beitbridge is one of the busiest borders that we have in Zimbabwe, it only makes sense that it is upgraded to the standard it is now. It is a reflection of what a person will see in the country when he or she enters our border. What now needs to be done Madam Speaker, is to make sure that we reduce as much as possible, the issue of abusing the border. There is need for the border authorities to ensure that the border is well manned, well controlled and queries should be addressed by the relevant authorities. That is very important Madam Speaker and this must be done as quickly as possible.
Madam Speaker, the various Government institutions that are at the border, that is the Police, Central Intelligent Organisation, Army, Customs and Immigration seem not to be well coordinated and as a result, a lot of people get away with ‘murder’ at the border because no one really knows who should be responsible for what. So, the border authority must be put in place as quickly as possible.
As the infrastructure is being put in place at the border, there is need to ensure that measures are put in place to curb leakages and all loopholes. Madam Speaker, if you look at what we export and what we import, you find that there is a mismatch to the extent that we may think that we are importing less or almost equivalent to what we are exporting. This might not be true because the border still remains porous and that needs to be addressed.
Madam Speaker, on the issue of the supply of water, we have to be a bit serious because when we visited Cowdry Park, we only saw a kilometer where there were pipes. We even went on to ask whether they had been paid for and if there was a contractor who was going to supply the pipes but there seemed to be nothing happening.
However, we were all of the impression that there was serious progress that was going on to have water in Bulawayo soon. Something must be done. The Ministry of Finance must also be sincere. We have around 10 contractors along the pipeline to Gwayi-Shangani but we have not paid any contractor. I do not know if we actually have the proper agreements so that people would start doing work.
The project to the people of Matabeleland is one of their most important one that is why we said we were going to visit flagship projects. The water rationing in Bulawayo right now is very severe. So if that project could be treated with the respect and the agency it deserves, it will make a lot of sense.
On the Gwayi-Shangani; the dam itself, the contractors are doing perfectly well but because they are not being paid, that thing should have been running as we are speaking right now. The Ministry of Finance has to respond to this report and tell this House exactly what is happening. Just imagine the length of that pipeline and with the plans that are there at any interval to have projects emanating from the water that will be flowing from Gwayi-Shangani, it will make a lot of difference. It will improve food security in the area, the livelihoods of the people who are along the pipeline and a lot of skills will be shared along the way. It will actually be a greenbelt and we have to treat that project with the importance that it deserves to make sure that it is the people along the way and also those in Bulawayo themselves as far as water supply is concerned.
If we look at the dam levels right now and you look at those that supply Bulawayo, they are still below 50%, meaning the water crisis will always be there. Therefore, may the Minister improve especially on funding of those projects?
It also brings to light that there are some projects that we cannot do as a country that need IMF, the World Bank and other serious investors to help us. We cannot do such projects using our own finances; otherwise we will then run into the issue of inflation being fueled by the ZWL that we will be using to fund such projects.
On the Hwange 7 and 8; again the same problem, we are not paying the bank that is financing the contractors. If we were doing so, we could be enjoying the benefits of extra 300 mega watts that we would get from Hwange.
Sometimes we do not understand the impact of a project as we go down stream. The moment I spent five hours doing nothing at my factory, it is a serious cost Madam Speaker. It also pushes the cost of the product that I am doing. To some people, it is a simple matter just to switch off electricity. A lot of employees are being laid off because of lack of electricity. You give your clients promises that I will supply your goods on such a date but the moment you finish talking to the customer, electricity is switched off sometimes for more than 12 hours. So, our products become less competitive when you have that electricity outage. You want to work at a pace that you are not used to causing a lot of faults as far as your products are concerned. In some cases where you use chemicals, you will not recover what you would have lost when electricity is switched off.
Therefore, it is important that we look at the funding mechanism of these projects so that we complete them on time save on labour because some contractors, like the Chinese, had to go back a little so that they do not incur the cost of paying labour costs.
Finally, Madam Speaker, I strongly think that we must attract investment as far as these big projects are concerned. We cannot pride ourselves in saying we are using domestic resource but at what cost? The moment we pour that money to that particular project, the hospitals are going without medicine, the schools are going with disgruntled teachers. So we will not be doing anything, we will actually be losing. It is not only Zimbabwe that borrows. Any other country - as long as you borrow to invest in a project that will bring back results; you are doing the right thing. So let us not pride ourselves in doing something that we cannot do because we do not have the capacity to do that. Therefore we have to talk to serious investors. There is cheap money out there that we can also attract, if we say we have got friends, those friends must be able to also match what other friends are doing to their friends as well. I thank you.
HON. NDUNA: Thank you Madam Speaker Ma’am. I just want to add my voice to the report by Hon. Dr. Nyashanu seconded by Hon. Madzimure, on just a few issues on how the issue of payment can impact positively on the issue of infrastructure development.
Madam Speaker, I will first touch on the Beitbridge Border Post. It is the largest in the Sub-Saharan Africa between two countries that is South Africa and Zimbabwe. It handles a lot of cargo both vehicular and human traffic but I want to marry it to the Limpopo River Bridge. It is the time for Zimbabwe to be collecting toll fees for any traffic that uses that Limpopo River Bridge and we get to the tune of more than USD4 million per annum for the usage of that bridge. We are going to be collecting, I think for four or five years, South Africa has been collecting. That money, it is my hope that the Hon. Minister will utilise it to pay for infrastructural development especially at the Beitbridge Border Post. For this reason, now the infrastructure development in the Second Republic at the border post has seen the separation of vehicular and human traffic. If you delay a tanker of fuel, for argument’s sake, at the border with 30 000 litres; when it lands inland, it has a price adjustment of about two cents per litre. So it is prudent to expeditiously clear that vehicle and if you delay a 30 tonne truck of sugar, when it lands inland it escalates by about four cents per kilogramme. This is the impact that delays at the border post have in terms of price adjustment by the suppliers and those retailers. It is important to expeditiously have that traffic move flawlessly to inland Zimbabwe to our capital, Harare and to various other centres without any delays. I applaud the Second Republic for having completed that infrastructure development. Now, there is expeditious movement of traffic, especially at the Beitbridge Border Post.
Madam Speaker Ma’am, the Vehicle Inspection Department (VID) is a cash-cow to the Zimbabwe National Road Administration (ZINARA) and indeed, to the Ministry of Transport and Infrastructural Development. How is it a cash-cow? It is because there are weigh bridges installed in various ports of entry. The state-of-the art machinery that has been installed at the Beitbridge Border Post gives rise to the income that is generated by the Ministry of Finance and Economic Development for the central revenue fund. It is my congratulatory message that the Second Republic has really done us proud by rejuvenating, rehabilitating, reconstructing and expanding the Beitbridge Border Post so that there can be copious amounts of money that are recouped or received by the Minister of Finance and Economic Development who is the gold finger.
Madam Speaker Ma’am, I encourage the VID to be connected to the Central Vehicle Registry (CVR) and to be connected to ZINARA; ZIMRA, Vehicle Theft Squad (VTS) and RMT that licences cross border vehicles and public transport vehicles - to say but the least, to form what is called Zimbabwe Integrated Transport Management System (ZIMTS) that is going to see the vehicles as they are imported being registered using the Customs Clearance Certificates at the border posts and is going to remove any rampant delinquent theft behaviour because all these departments are connected one to another. What happens at VID: ZINARA can see and what happens at RMT, ZINARA can see and vice versa. There is no room for any vehicles to be stolen and only to be discovered after they have entered the border; that can see the usage of that good, robust, resilient infrastructure second to none in a manner that is going to see us recoup our income from what we have utilised.
Madam Speaker Ma’am, I will come now to the R. G. M. International Airport and say I am marrying it to the Victoria Falls Airport. I applaud the Committee for having visited that infrastructure development. I am going to say how it positively impacts on the economic benefit of the country besides the issue of that the Hon. Minister or gold finger should expeditiously disburse payments. Luckily for R. G. M International Airport, it is the Chinese EXIM Bank USD150million financed project. So, that money is there and there is no way that there can be any payment delays.
However, how is that project going to impact on the economic development? There is in the aviation sector the issue of disintegrating or separating the regulatory authority on Civil Aviation Authority and the operator that has been done. A Bill came here and we have separated the two Acts and there is money that can be received through such infrastructure development. How so Madam Speaker Ma’am? We have what is called aero bridges; there are now more than five aero bridges when that R. G. M. International Airport is complete mirroring the one at Victoria Falls Airport. We can use those for advertising and recouping some finances for the country. Also Madam Speaker Ma’am, there is what is called cabotage rights and freedom rights – flights that are crisscrossing the width and breadth both of the nation and the global community.
These cabotage rights speak to an airline that is foreign taking passengers from one airport to another within the domestic sector. For instance, if we had Emirates or Qatar taking passengers from Bulawayo’s, Joshua Mqabuko Nkomo Airport to R. G. M. International Airport because of the expanded nature of our infrastructure; but because of our depressed aviation industry capacity, we can get other foreign airlines to use what is called cabotage rights to use our aviation infrastructure. So the R. G. M. International Airport can now be utilised for the same, the expansion of that airport and indeed that of the Victoria Falls Airport has now seen the country having more than 14 airlines being attracted to Zimbabwe Madam Speaker Ma’am. I can enumerate them - aviation develops and encourages the development of economies. It actually grows economies according to Tony Taylor who is the Chairman of the International Air Transport Association (IATA) at some point. So the issue of payment and indeed infrastructure development at R. G. M. International Airport is really applauded.
During my tenure in the Eighth Parliament as the Chairperson of the Transport and Infrastructural Development Committee, we used to christian the Masvingo-Beitbridge-Harare Highway, ‘the pencil thin highway of death.’ It was bringing in more than two-thirds of our GDP but it was so minute and a lot of accidents were occurring there. It is a marvel and a sign that Zimbabwe’s economic trajectory is on the rise, supported by the Second Republic. I want to applaud the Chairperson and his Committee for touring such infrastructure development. I am encouraging the Minister of Finance and Economic Development to expeditiously disburse any payment, in particular for such infrastructure development, especially this one is 100% indigenous oriented.
I remember in the First Republic when His Excellency was still Vice President. He was approached by the Zimbabwe Builders Association Committee to say, can we just have 40% of involvement in domestic infrastructure development. When he came into power and is now President, he gave them 100% and they did not disappoint. They have done wonders for the nation because our engineers are the ones who built the 2010 football stadia for the world cup in South Africa. So, they all came back en masse and have done us proud.
Madam Speaker Ma’am, the last thing that I would want to add my voice to is the issue of the Gwayi-Shangani pipeline and indeed, the Gwayi-Shangani Dam. I stand head and shoulders with my uncle Madyira, Cde Madzimure in actually calling for the gold finger to see to it in his heart to expeditiously disburse payments especially to the indigenous contractors. I am one of those contractors. I would want to be paid. The indigenous contractors currently have just been paid the 20% of what they have worked for and it is my clarion call that he releases the other 80% so that we can be in tandem and in sync with the other foreign contractor who is the main contractor on the dam which is currently now on 35 or so metres whereas it is supposed to go to about six metres. It can only be right and good for us to move in sync with the construction of the main dam as we also embark on the construction of the Gwayi-Shangani pipeline and we turn that hole 200 and so kilometres into a green belt.
Madam Speaker Maam, I would like to thank you for giving me this opportunity to vociferously, effectively and efficiently speak to and about the issue of this report in the manner that the people of Chegutu West Constituency would have heard me debate, in particular Mr. Green, Mr. Lameck Nyamarango, Patricia Nyamadzawo, Sarah Chikukwa, Merjury Ruzha, Charles Makoni and indeed, all the youths of Chegutu who are going to be first time voters this coming voting season.
HON. WATSON: Thank you Madam Speaker for this opportunity. I will not be very long. I would like to commend the Committee for its tour of these infrastructural development projects which are key and to see that budgetary allocations for these things are being spent as they should. I would also want to commend Hon. Madzimure for his seconding of the motion and comprehensive discussion around the Gwayi-Shangani Dam and also Hon. Nduna.
The Gwayi-Shangani Dam for Bulawayo is a lifeline. One aspect of the report which I think was neither mentioned is the fact that when the water finally arrives in Bulawayo, the original concept was that the council should then build a treatment plant where the pipeline comes in at the back of Bulawayo Cowdry Park. However, the council feels that the water should rather be piped around to the existing treatment plant which has more than its sufficient capacity to treat the water and supply to the residents of Bulawayo. I think that the Ministry should seriously consider that observation by the Committee as a good recommendation to assist the City of Bulawayo.
The other point I would like to mention that I do not think came out about the Gwayi-Shangani Dam is the relocation of the communities that will be affected by the construction of the dam. I would hope also that this will soon be looked at with greater depth and more aspect to those communities so that they get relocated within the framework of human rights and good development. Thank you Hon. Speaker.
HON. BITI: Thank you Madam Speaker Maam. I would like to commend the Budget Committee for the excellent report that they have provided. Let me also thank Hon. Dr. Chief Nyashanu for a brilliant report and his seconder Hon. Madzimure.
The issue of gross capital formation and infrastructure is important in our country. Our infrastructure is dilapidated. The state of our roads, dams and borders leaves a lot to be desired and we require billions of dollars to develop this infrastructure. Madam Speaker Maam, if you read the 2012 Infrastructure Report by the African Development Bank, the country then needed about US$12 billion over five years to attend to the country’s infrastructure. The 2020 now puts that expenditure at US$30 billion. It is so important that we attend to gross capital formation.
THE HON. DEPUTY SPEAKER: Hon. Biti, you are not connected.
HON. BITI: Gross capital formation is a function of four things which are: capital, the need for the capital to deal with the issue of gross capital formation. Gross capital formation cannot be financed by the budget. The budget deals with recurrent issues, challenges, social agenda of the country, payment of hospitals, payment of drugs in hospitals, the payment of teachers and so forth. There is very little fiscal leg room when it comes to using the budget to support your public sector investment, which is why the point made by Hon. Madzimure is very important. We need to create alternative revenue measures that will fund our infrastructure.
In this regard, it is so important to resolve the country’s unsustainable debt situation because the debt situation in Zimbabwe is actually a development question. Our country’s sovereign debt according to the authorities is around US$18 billion – if you look at the Debt Report presented by the Minister of Finance in December 2022 when we were discussing the 2023 Budget. It is not about that US$18 billion that we owe. It is about what we are foregoing as a cost of the arrears that we owe. We owe US$2 billion to the World Bank; US$600 million to the African Development Bank; US$5.7 billion to the Paris Club of Lenders but because we do not have a debt solution and I am very happy that we had a high structure debt dialogue last week – we are foregoing cheap developmental money that is sitting at the World Bank, African Development Bank that ought to be funding our infrastructure projects.
Remember Hon. Madam Speaker, that the original name of the World Bank is actually the Bank of Reconstruction and Development. It was started after the Second World War as a way of reconstructing the world after the destruction caused by the World Bank. The World Bank has got over US$100 billion for sub-Saharan Africa’s infrastructure. President Adesina and the African Development Bank have got over US$45 billion just for infrastructure. Zimbabwe is not yet the part because we have got these arrears. I urge the authorities, country and Government to quickly resolve the debt question so that we can open the taps that are sitting at the African Development Bank and the World Bank. Once we resolve our debt crisis, we de-risk Zimbabwe; the debt premiums, the interest rates that are so high in Zimbabwe come down. We are also even able to issue our own infrastructure bonds to support our own infrastructure.
This leads me to the second point which is the financing model that we are using to finance the current infrastructure. We are using our own resources but there is a lot of arbitrage. If you take the Harare-Beitbridge Road, the financing has not been disclosed to this august House. We know there are five or six major players but the Minister of Finance has not presented a report on how that project is being financed. Madam Speaker Maam, I challenge him and with your direction, that the Minister of Finance must be directed to present a statement in this august House on how that project is being financed. Madam. Speaker, it costs around US$1 million to construct a kilometre of dual carriage way in Zimbabwe. That means the 500km stretch of road from Harare to Beitbridge should cost around US$500 million, then you have got finance charges. So, you can get US$600 million to US$700 million to finance it. We are being told Madam Speaker and the Minister of Finance must challenge this. We are being told that it is costing around US$3 million per kilometre where it ought to be costing a million dollars a kilometre. The only difference is that the US$3 million is being paid in RTGS. No wonder why Madam Speaker, when these people get their money they flood it on the black market and the Zimbabwean dollar collapses, which is why September of 2022, the Government tried to deal with hyperinflation in this country by switching off, by refusing to pay the contractors. Madam Speaker, we are paying over the board for the construction.
I am very happy to see the state of the Harare-Beitbridge Road. It has improved a lot. Eighty percent of the road has been constructed but the picture is incomplete unless and until we have been told and the Minister of Finance has disclosed the figures for the construction of that road. We cannot pay $3 million per kilometre when we should be paying a kilometre for that road. In other words, for the construction of and refurbishment of 500km of road between Harare and Beitbridge, we could have constructed an extra thousand kilometres. We could have built three more Harare-Beitbridge roads. We could have sorted out Victoria Falls to Bulawayo which is now a death trap. We could have solved Harare to Bindura, to Mt. Darwin, to Dotito, to Muzarabani which is now a death trap. We could have resolved Harare-Nyamapanda which is also another death trap.
I come to the Beitbridge Border Post Madam Speaker. The Beitbridge Border Post has been a milking cow. First it was BBI. The BBI took a concession of over 20 years. For 20 years, BBI was getting a certain percentage of the income that is due. Now it is Zimbabwe Borders or something, I cannot remember the name. It cost about $300 million to refurbish the Beitbridge Border Post. It costs Botswana, Namibia and those who constructed Kazungula less than $200 million but you cannot compare Kazungula with Beitbridge Border Post.
I agree with the recommendations of the Committee that there must be an audit of these transactions because there is no value for money. More importantly Madam Speaker, who is now controlling that border? Madam Speaker, there is massive smuggling from this country. Gold worth a billion dollars is being smuggled from this country. Tobacco cigarettes worth a billion dollars are being smuggled from this country and Beitbridge is the centre of the illicit financial flows from Zimbabwe. We want to know who is controlling Beitbridge. It is certainly not ZIMRA. It is certainly not Immigration. It is certainly not the Director of Customs. Pane zvigananda zviri kucontroller Beitbridge.
Madam Speaker, we need that Ports Authority that we have been parking for many years. We need a Ports Authority in this country that will control the borders. Madam Speaker, goods worth $12 billion pass through Zimbabwe every year. Our duties are very high and revenue from duties alone should be in excess of $4 billion per year and ZIMRA does not collect any of that.
Beitbridge has been privatised nezvigananda. It has been weaponised nezvigananda because they are smuggling. So, we need the Ports Authority and our intelligent people to be there. We need the police to be there, the CIO and the Army to be there because it is national security issue. Poverty is a national security issue. Beitbridge, Madam Speaker, is haemorrhaging money, US dollars and we need to control all of that.
I come to Hwange 7 and 8. Madam Speaker, I am very happy that Hwange 7 and 8 is there but the original plans were not for a paltry 600 megawatts – 300MW from 7 and 300MW from 8. The original plans were Hwange 7, 1000 megawatts and Hwange 8, 1000 megawatts. You then add the 1000 we will get from Batoka plus the 1000 or so capacity Zimbabwe will then build capacity of 4 thousand megawatts. With four thousand megawatts Madam Speaker, we can build an industrial base that can transform this country into a developed country.
I am saddened that the output of Hwange 7 was curtailed to a mere 300 megawatts and the output of Hwange 8 was curtailed to a mere 300 megawatts. The question Madam Speaker is, can we pay $1 200 billion for 600 megawatts. Like a road, it costs about a thousand dollars or a hundred thousand dollars for a megawatt, so with $1.2 billion, you ought to get at least a thousand megawatts. We have paid twice for the cost of Hwange 7 and 8. Therefore, I support the recommendations in the Committee that we need to audit Hwange 7 and 8.
With Gwayi-Shangani Madam Speaker, that is the life line of the Matabeleland region...
THE TEMPORARY SPEAKER: Hon. Biti!
HON. BITI: Sorry I did not see that you had replaced Madam Speaker. Good afternoon Mr. Speaker Sir.
THE TEMPORARY SPEAKER: Good afternoon Hon. Biti – [AN HON. MEMBER: Inaudible interjection.] –
HON. BITI: No, no. He is a very handsome man. Mr. Speaker, Matabeleland has got a problem. Gwayi-Shangani is the key. Even when we get to a stage where we will draw water from the Zambezi, it will have to pass through Gwayi-Shangani. So, I urge the authorities to fast track the programme. The perennial problem that the contractors are not paid is not good enough. The Ministry of Finance should put money in a sinking fund. They should put money for public sector investment in a sinking fund, do not mingle the same with recurrent expenditure because when you mingle public sector investment funds with recurrent funds, recurrent funds always win because chimotoka. Panouya chimoto, panoda cheque, petrol nemagetsi. They will always win. So, I urge the Minister of Finance – I am saddened that the Deputy Minister Hon. Chiduwa has walked out. I know he is facing a bitter primary in Gutu but I urge him Mr. Speaker Sir, to create a sinking fund for all capital projects. You will fill that fund in January after bonuses. You fill that fund in April after payment of the first quarter QPDs. You fill that fund in august after the second quarter QPD. Without that Mr. Speaker, we will continue struggling.
You will recall Mr. Speaker that it took Zimbabwe 20 years to construct the little bridge at Zindoga. It took Zimbabwe 20 years, Hon. Nduna you know it, to complete the little bridge at Norton because we do not plan. Planning means setting aside resources and putting them in a fund. I urge the Minister of Finance, of the $1 billion we got from the IMF in the form of the SDR, to please take $400 million dollars and put it to infrastructure. With those few words Mr. Speaker, I commend the report of the Budget and Finance Committee and I hope that Hon. Members will support it and adopt its recommendations. I thank you very much Mr. Speaker.
HON. MARKHAM: Good afternoon Mr. Speaker Sir. I do not have much to add but I would like to just point out a couple of points. I would like to thank the Committee and the Chairperson for the report and in particular, the recommendations. I hope the recommendations will not just be parked because there is a lot of money being spent and there are quite a lot of issues.
Mr. Speaker, after the support, I had the benefit of going through Beitbridge and I must commend that it is very sleek and it handles everything very well. However, I am not complaining - but I am just pointing out where we should wake up. When you finish a project, the project is not finished until it is running really well. The flow of people through Beitbridge, especially the cars, they have to go from one end to the other and it would be logical to put everyone in a line and it would also be nice to get the signs up so that people know where they have to go. That is the major thing. I also think it is highly overpriced but that has already been covered and I will not go into that.
Similarly, with Gwayi, and Tokwe-Mukosi; a dam is not complete when you finish the wall. It is no use harnessing the water in a dam at great expense if you do not use it. Since both those dams have been full for a couple of years, we do not use the water so that is time lost. So the pipeline to Bulawayo must be treated as a matter of urgency. Whatever we want to do with water from Tokwe-Mukosi must be done. The people who were moved from there and the people around there have not been given water. They have not been given electricity, gardens or fishing rights. It is pointless having the water sitting there. That is my concern on all these infrastructure programmes. Before we start the next one, let us finish and use what we have built.
Now going on to Hwange, though it has already been covered, my concern is that I am a 100% sure we have spent more money repairing Hwange than if we had built a new power station. We are currently getting to the stage where we are spending more time on down time than operating. It is not Hwange that suffers but the whole country. Unfortunately, at the moment, we have got depressed output from Kariba and that is giving us less than 20% of the needs of the country, which is a major issue. Unfortunately, as we know in the sub-region, power solutions are not done overnight and I do not see anything happening in the next seven years. We have Hwange 7 and 8 but we also have a major steel works being built in Mvuma. I would have 7 and 8 on board for us as they are both for the production of the steel works. That will still exacerbate the stories that we have.
My last point Mr. Speaker Sir, it is nonsensical to use short term money to fund long term projects. You cannot borrow locally to pay for infrastructure. The reason for that is very simple; local borrowing is supposed to carry your cash flow and our cash flows are all short. Education, health, youth, sport et cetera, purely because we are crowding out that funding to do our long term projects. I know we do not have access to finance but there is a reason for not having access to that finance. I am however glad that we have started this debt restructuring and the sooner the better. Unfortunately, there is no silver bullet in debt restructuring. It will take a long time and if we are going to fund our infrastructure, we must be able to meet half-way with those who are coming to us. I thank you.
HON. NDUNA: I move that the debate do now adjourn.
HON. L SIBANDA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 21st March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: I move that we revert to Order of the Day Number 20.
HON. L SIBANDA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON NON-COMPLIANCE TO THE SUBMISSION OF FINANCIAL STATEMENTS TO THE AUDITOR-GENERAL
Twentieth Order read: Adjourned debate on Motion on the Report of the Public Accounts Committee on Non-Compliance to the Submission of Financial Statements to the Auditor-General.
Question again proposed.
HON. NDUNA: Mr. Speaker Sir, I stand to wind up the debate and call for the adoption of the report in the absence of any further debate.
Before I do that, I want to thank the mover of the motion, the presenter of the report Hon. Dube and the Members that debated including myself in so far as it relates to encouragement of local authorities to expeditiously and without any impediment, adhere to the Public Finance Management Act in so far as it relates to submission of financial statements for audit. Having said that, I also urge for any future non-submission, the issue should be handled as criminal abuse of office. I now therefore call for the adoption of this report.
Motion that this House takes note of the Report of the Public Accounts Committee on Non-Compliance to the Submission of Financial Statements to the Auditor-General, put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: Thank you Mr. Speaker Sir. I move that we go to Order of the Day Number 22.
HON. L. SIBANDA: I second.
MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE ANALYSIS OF THE AUDITOR-GENERAL’S REPORT OF THE HARARE CITY COUNCIL
Twenty-Second Order read: Adjourned debate on Motion on the Report of the Public Accounts Committee on the Analysis of the Auditor-General’s Report of the Harare City Council
Question again proposed.
HON. MAKOPE: Mr. Speaker, I want to commend the Committee on Public Accounts for a job well done and also encourage the Minister of Local Government to make a follow up and a thorough analysis. I believe there are structures, even the councillors who fall under the Committee of Audit, they should also do their job thoroughly and make sure that our accounting systems are in order. I also want to encourage even the Minister to activate the structures within the Ministry to make sure that the situation that obtains, of having some funds which are reported to be missing by the Auditor General’s Report do not occur.
It is so embarrassing Mr. Speaker to learn that such huge amounts of money are reported to have been missing when we have a bad state of infrastructure in our urban pockets, particularly the Harare City Council. If you look at our roads, sewer system and other infrastructure that we have and then we have a report on some missing funds, I think that is so disturbing. I think the councils and the Minister responsible should make sure that they restore the dignity and confidence of taxpayers because they pay and want to make sure that their money is spent accordingly. This is my comment on the issue Mr. Speaker and I thank you.
HON. NGULUVHE: I think we all appreciate that Harare is our capital city and as our capital city, everyone who visits our country sees Zimbabwe through Harare. Therefore, we ought to make sure that Harare is a smart and clean city. I recall in the 1980s when I started visiting Harare, Harare was very smart. Now, it is so disheartening to realise that the situation is getting worse, not because of anything but because of individuals who misappropriate public funds. As we conclude this debate, I encourage that those who are elected to serve the people must put people first, not themselves first because they are abusing people’s money and at the end put the name of the country into disrepute. I encourage that where necessary the law must take its course. Those who are found guilty or misappropriating public funds must be arrested and prosecuted. I thank you.
HON. BUSHU: Mine is not going to be long because I am also part of the Public Accounts Committee. It is interesting that we are now focusing a lot more on the Auditor General’s Report and local authorities’ appropriation accounts and parastatals. This report would not have come out the way it has if it was not the attention that the Public Accounts Committee is now giving to these issues.
I would like to point to one important factor that there is more than $200 million worth of public funds that have not been accounted for. I think that the responsible Ministry has a question to answer. The City of Harare has a question to answer. If this is not accounted for and it is public money, what is it that we are going to do about this? My interest is in the Treasury Minute that is going to come back. We are going to make an analysis of that. What we are saying as Public Accounts is that we are encouraging: i) the ministries to take action, ii) council to take action, and iii) that this Treasury Minute comes back in good time. I think it is only fair that it is demonstrated to all other municipalities and other public arms of public funds management that an issue like this and of this magnitude, US$204 million is not an issue that is very small. It is an issue for serious consideration and therefore Mr. Speaker, I implore this House to adopt this report in its entirety and cause action to be taken. I thank you.
HON. NDUNA: Mr. Speaker, I am going to move for the adoption of the report after thanking the Hon. Members for adding their voices to this report. First, to thank the mover of this report, that is the Chairperson Hon. Brian Dube and I would hasten to say it is now going to be an indictment on this institution called Parliament and indeed, on the Speaker of the National Assembly if there is no action that is taken upon Harare City Council because of this delinquent behaviour.
According to Sections 309 and 310 of the Constitution, the Auditor General becomes an ex-officio Member of Parliament. She is appointed and she is part of the Public Accounts Committee. Her observations, recommendations and indeed her statements in the 2020 and 2021Auditor General’s Report that speak to and about the missing +US$200 million, speaks to the pith, core and heart of criminal abuse of office, and indeed financial haemorrhage, illicit outflows and the delinquent behaviour that has been championed by the management at Harare City Council.
She has proposed that there should be reconstruction of the ERP or the BIQ system at Harare City Council. This has not been done. She has proposed that only reconstruction can and must produce at least a track record of where the US$200 million has gone. If we do not, as the arm that plays oversight on the Executive and by the way Mr. Speaker, we do not seek to govern but to interrogate the manner the Executive carries out its mandate. If we do not now help the Auditor General in finding this money it is a big indictment and dent on Parliament and I make a clarion call that as this report is adopted, there is need to enforce compliance to the Auditor General’s report. There is need to bring the perpetrators of this injustice to book and make sure that there is no repeat of such arrogance, naivety and all such issues that border around criminality. I now move for the adoption of this report on Harare City Council, 2020 Auditor General’s report.
Motion that this House considers and adopts the Report of the Public Accounts Committee on the Analysis of the Auditor General’s 2020 Report of the Harare City Council put and agreed to.
On the motion of HON. NDUNA seconded by HON. MAHLANGU, the House adjourned at Five Minutes to Four O’clock p.m. until Tuesday, 21st March, 2023.
PARLIAMENT OF ZIMBABWE
Wednesday, 8th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY SPEAKER
APOLOGIES RECEIVED FROM MINISTERS
THE HON. DEPUTY SPEAKER: I have a list of apologies from Hon. Ministers and Deputy Ministers: Hon. Dr. C.D. G. N. Chiwenga, the Vice President and Minister of Health and Child Care; Hon. O.C.Z. Muchinguri-Kashiri, Minister of Defence and War Veterans Affairs; Hon. Dr. E. Ndlovu, Minister of Primary and Secondary Education; Hon. Prof. M. Ncube, Minister of Finance and Economic Development; Hon. M. Mutsvangwa, Minister of Information, Publicity and Broadcasting Services; Hon. K. Kazembe, Minister of Home Affairs and Cultural Heritage; Hon. Prof. A. Murwira, Minister of Higher and Tertiary Education, Science and Technology Development; Hon. D. Garwe, Minister of National Housing and Social Amenities; Hon. Dr. F. M. Shava, Minister of Foreign Affairs and International Trade; and Hon. K. Coventry, Minister of Youth, Sport, Arts and Recreation.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. NDUNA: Thank you Madam Speaker. My question is directed to the Minister of Lands, Agricultural, Fisheries, Water, Climate and Rural Resettlement, Hon. Dr. Masuka. What is Government policy in relation to land that is given to the Local Government, local authorities for urban expansion from the Ministry of Agriculture in so far as it concerns housing infrastructure development for the locals in those local authorities?
THE MINISTER OF LANDS, AGRICULTURE, FISHERIES, WATER, CLIMATE AND RURAL RESETTLEMENT (HON. DR. MASUKA): Thank you Madam Speaker, I thank Hon. Nduna for the question which relates to Government policy on transfer of agricultural land to urban land. The policy directive is very clear; we want to reserve as much land as possible for agricultural purposes. So we very reluctantly give land or convert land from agricultural land to urban land. However, in the circumstances that we do so, Government policy is that the land is handed over to the Ministry of Local Government and Public Works where it becomes urban state land. Once it becomes urban state land, the current policy is that the Ministry of Local Government and Public Works transfers that land immediately to the Agricultural Finance Corporation. I thank you.
HON. NDUNA: Thank you Madam Speaker. It does look as if this land, most of it has been abused according to the Auditor-General’s report, in particular one such report is the forensic audit for Gweru City Council that the land has not been used for the intended purpose to alleviate the plight of non-owners of housing infrastructure development. Does the Hon. Minister follow up or carry out an audit to such an occurrence and land which will have been passed down or passed on for urban expansion with a view of making sure there is a reduction of the housing backlog that the country currently has?
HON. DR. MASUKA: Madam Speaker, I thank the Hon. Member for the supplementary question. The question relates specifically to an aspect that is completely under the purview of the colleague Minister of Local Government and Public Works. However, this recent policy directive which falls under the handover of urban land to the Agricultural Finance Cooperation became operational last year. We are aware that there were many cooperatives and other entities that were given land for urban development prior to this. Government is seized with doing the regularisation and audit of the usage of such land and His Excellency the President has formed an inter-ministerial Committee to deal with these matters and a report will be provided in due course. I thank you.
HON. GONESE: Thank you very much Hon. Speaker, my supplementary question to the Hon. Minister is from a policy perspective, what is the rationale for having the Agricultural Finance Corporation to take over that responsibility? My understanding is that the original was premised on the need for expansion of the urban development in terms of housing because of the big backlog. Also perhaps the Hon. Minister would be pleased to favour us with an indication or indicative guide as to when this report will be read. He just said in due course but I think that is too vague. We actually need to have something more specific so that we can have an indication as to when the nation, through this august House, has finished with the position after the audit.
HON. DR. MASUKA: Thank you Madam Speaker, I thank Hon. Gonese for the supplementary question. The question relates to something that relates to urban land. I think at this stage; it will be fair for me to defer to the Leader of Government business who also chairs an aspect of the Committee that has been put in place by the President to furnish you with the additional details of this Committee that is doing the regularisation for some of these settlements.
The rationale behind the directive is to allow the AFC at this stage, to have administration of urban state land that is transferred from the Ministry of Agriculture is twofold. The first is the Land Reform Programme has now settled over 99.99% of people who are on the land that we need to settle. One of the biggest inhibitions to agricultural production and productivity is the lack of appropriately tenured finance. So, the Government’s thinking is that the AFC will be able to partner with land developers and will be able to get resources to enable it to finance agricultural production and productivity.
The second aspect and perhaps futuristic is that may be the aspects of that financing could be used towards contributing to the global compensation deed and the financing mechanism for that. I thank you Hon. Speaker.
Hon. Gonese having asked a follow up question while his microphone was off.
THE HON. DEPUTY SPEAKER: Hon. Gonese, can you please ask your question again. The Hon. Minister did not hear what you were saying.
HON. GONESE: The second aspect of the question relates to the timeframe because the Hon. Minister, in his response indicated that an Inter-Ministerial Taskforce had been formed. My supplementary question relates to the timeframe when we expect that report to be produced and that is the aspect on which the Hon. Minister deferred to the Leader of Government Business, who, as I understand is the Chair of that Inter-Ministerial Taskforce. I thank you.
HON. ZIYAMBI: Thank you Madam Speaker Ma’am. I think to a greater extent, my colleague, the Minister of Agriculture has answered the question to indicate the direction that we are taking. As to the actual timeframes, we have so many competing issues to the extent that I want to refrain from giving timeframes that may not be correct in this august House. Suffice to indicate that, that is the direction we are taking and we are very much willing to ensure that we proceed that way. I thank you.
HON. MARKHAM: Thank you Madam Speaker, good afternoon. My question is directed to the Leader of the House. The land outside Harare is being planned by City of Harare and the developers on prime agricultural land. Right now as we speak, there are people who are collecting the proceeds of Harare planning and yet they are paying rates to Goromonzi or Zvimba, for example.
My question to the Minister is: when are they going to do the regularisation of land allocation before it is taken? Hence this is the 22nd time I would like to remind this House of the Justice Uchena report that covers this and it must be released. So my question is; when is the Minister going to be pro-active rather than reactive on land that is being illegally settled? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker Ma’am. The first aspect of his question, he is indicating that there is illegal allocation of land. So, if it is a question of illegality, the relevant authorities must ensure that, that is stopped. Secondly, there is no prime agricultural land that is being used for urbanisation. The procedure is, if we have agricultural land and it is converted to urban land, it ceases to be agricultural land and it is now designated urban land for development.
So once you find a certain farm being developed and it has been converted, it ceases to be deemed to be agricultural land. In other words, if an application is made by the Minister of Local Government to the Minister of Lands to say that we want this farm for urban development, once it is handed over to him, the process is that – my colleague was talking of engaging the Agricultural Finance Corporation so that they administer those stands. I think it is clear that once you have people who are allocating land illegally, the law must take its course to ensure that does not proceed. I thank you.
(v)HON. MUDARIKWA: Thank you Madam Speaker. My question is directed to the Minister of Local Government as the supervising authority of all Rural District Councils (RDCs). Rural District Councils are responsible authorities of all the schools in the communal land. Most of our schools in rural areas are getting zero percent pass rate. What is the policy of the Ministry of Local Government in as far as supervising these schools so that they get a better percentage pass rate because local authorities are the responsible authorities? Thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker Ma’am. I was struggling to get the actual question but I think I got it where Hon. Mudarikwa wants to find out what local authorities are doing to supervise schools against a background of zero percent pass rate. The responsibility in terms of educational standards still lies with the Ministry of Education, but the responsible authority in owning the schools are the RDCs. So, ownership and supervision to ensure quality education are two separate entities. The responsibility lies with schools inspectors - the Ministry of Education authorizes to ensure that the standard of education is the same across all our schools. I thank you.
(v)HON. MUDARIKWA: The issue here is the responsible authority according to the Education Act, gives authority that the RDCs come and supervise at the schools, like what churches are doing. Church related institutions are supervising. Is the Minister saying there is no policy to supervise the quality of education?
HON. ZIYAMBI: Thank you Madam Speaker Ma’am. The local authority is responsible for the school but they are not responsible for the quality of the education that is being produced. The Ministry of Education has got inspectors, they have got their own hierarchy of ensuring that the standard of education is the same. You cannot expect a councillor to be responsible for supervising the quality of education that will come out of that school. The council is responsible for running. It is actually the owner of the school. Even church related schools, the church authorities do not determine the quality of education. The quality of education is determined by the curriculum and the Ministry of Primary and Secondary Education will still supervise all the schools in the country to ensure that the same education is given. I thank you.
HON. P. MASUKU: Thank you Madam Speaker. My question is directed to the Minister of Local Government and Public Works, in his absence, the Leader of Government Business. What is Government policy with regards to giving municipal police arresting powers so that they augment the national police service in dealing with the rampant crime in our country? Thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I want to thank the Hon. Member for such a good question. It is a very important question. The Minister of Local Government and Public Works is working towards ensuring that we realise that. We have realised that there are certain crimes that occur within the municipal area, like vending crimes and some of the traffic crimes. The municipal court should surely be dealing with that. So, we are working at ensuring that we get to that. It is work in progress between my Ministry and the Ministry of Local Government and Public Works. I thank you.
HON. CHINYANGANYA: Thank you Madam Speaker. My supplementary question emanates from the fact that the question that has been raised is contained in the Devolution Bill. Since 2018, we have been asking when the Devolution Bill is going to be presented in Parliament. So, my question to the Hon. Minister is; when should we expect the Local Authorities Bill and the Provincial Councils Bill to be presented before Parliament? Thank you.
HON. ZIYAMBI: Madam Speaker, this is not a new question and we have dealt with the question before. Hon. Chinyanganya is very impatient but like I have always said, this is now work in progress and very urgent. We are about to go to elections and some of the issues in that Bill pertains to provincial councillors and we cannot go for a third election without resolving it. So, we are working towards ensuring that Bill comes before the dissolution of this Parliament. I thank you.
HON. MARKHAM: Could the Minister confirm that he has contacted, spoken and taken the advice of stakeholders in the Devolution Bill which includes Members of Parliament who were elected and councillors who were elected? I do not know anyone who has been contacted or tendered anything to do with the new devolution in the last 18 months. Thank you.
HON. ZIYAMBI: Madam Speaker, the process is not complete. The Bill has not passed all the processes. Members of Parliament and members of the public, once the Parliamentary process starts, their views will be taken into consideration once the Bill is gazetted. So, the Hon. Member must hold his horse, he must wait a little bit and ensure that he organises all the stakeholders so that they can give us input into the Bill.
So, it is a process that is ongoing and there is nothing to hide really in terms of development of this Bill. We want to realise what is in the Constitution in terms of our devolution agenda and any feedback that can enrich that particular Bill is welcome. I thank you.
HON. GONESE: On a point of order Madam Speaker. My point of order relates to the fact that the Hon. Minister has not done justice to the supplementary question. The import of the supplementary question relates to the conception stage of the Bill and not the public consultation stage. What the Hon. Minister has indicated that stakeholders can then have their input in the fullness of time does not answer the question. What the question entails is a scenario where important stakeholders give their input even before the gazetting of the Bill.
We have got councillors, Members of Parliament and so on who are part and parcel of the structures in the current Constitution relating to devolution and I believe that the Hon. Minister should be forthright and indicate to us who are the people who have been consulted in terms of the conceptual stage relating to devolution.
HON. ZIYAMBI: Madam Speaker, my answer related to policy that the relevant stakeholders will be consulted. What Hon. Gonese wants is specific individuals or organisations that have been consulted and I would not be in a position to stand here and tell you Madam Speaker that I am able to say out all that from my head as that is not within my jurisdiction. There are others who do that – drafters, our senior civil servants but for me to stand here and say such and such was consulted is outside the policy framework of questioning that is allowed for this segment of question and answer time. I thank you.
*HON. CHIBAYA: My question is directed to the Minister of Transport and Infrastructural Development, Hon. Mhona. Hon. Minister, what steps are being taken by the Government to repair our roads that were damaged by the heavy rains this year as well as the heavy trucks, especially Boterekwa Road for example that goes via Chachacha? You need four hours to get to Mandamabwe. I thank you.
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Madam President. I would like to thank the Hon. Member for that question. If you may allow me Madam President, I was asked by this honourable House to present a full report on the Emergency Road Rehabilitation Programme. If it pleases the Hon. Member, I will include that in the Ministerial Statement that I was asked to present in this august House. I thank you.
*HON. BITI: May the Minister of Transport, Hon. Mhona also include a very dilapidated road, Harare-Nyamapanda Road, there are no more shoulders on that road. It is worn out yet it is used by heavy trucks to Mozambique and Malawi. May the Hon. Minister explain what the plan is with regard to this road? I thank you.
THE HON. DEPUTY SPEAKER: Thank you, I hope the Hon. Minister heard that.
(v)HON. BRIG. GEN (RTD.) MAYIHLOME: My question is directed to the Hon. Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement. There were farms that were wrongly gazetted belonging to indigenous farmers. These farms were supposed to be delisted and reallocated back to the original owners but this has taken close to 20 years to be done. What is holding back the reallocation or delisting of these farms.
THE MINISTER OF LANDS, AGRICULTURE, FISHERIES, WATER, CLIMATE AND RURAL RESETTLEMENT (HON. DR. MASUKA): Thank you Madam Speaker and I thank Hon. Mayihlome for the question. In 2020, Government put in place Statutory Instrument 62 which provided a legal basis for consideration for the return of such properties to affected farmers. The Ministry established a Committee to consider applications as per Statutory Instrument 62. We have received quite a number. I am not too sure what the Hon. Member wants us to do. We consider this based on applications that are received from farmers.
However, Madam Speaker, should there be specific names and areas that the Hon. Member has, he can submit those and we can look at those expeditiously in terms of the existing laws. Thank you Madam Speaker.
HON. MARKHAM: Thank you Madam Speaker. Could the Minister enlighten us on the progress with the much vaulted 99-Year Leases? Why is it that not one indigenous farmer has yet been given a 99-Year Lease coupled with the fact that he is not even included in any compensation deal for those 600, by his figures, who were evicted from their farms? Thank you.
HON. DR. MASUKA: Thank you Madam Speaker and I want to thank Hon. Markham for the question. Let me start by correcting the statement; it is not true that indigenous people have not been given 99-Year Leases. Let me put this into context and clarify a few issues. The process of the issuance of the 99-Year Lease originally was that a farmer would get an A2 offer letter, after five years on the property and of development, the farmer would opt to apply for a 99-Year Lease and pay an assessment fee. That assessment fee would enable the Department of Lands to go on to the property and do an assessment.
Madam Speaker, when the Land Commission Act was promulgated, that changed to say that a 99-Year Lease may not be issued by the Minister without reference to the Zimbabwe Land Commission which created a second level of verification. Madam Speaker, that assessment would then leave the Ministry’s Department of Lands and be submitted to the Zimbabwe Land Commission who would also do their own assessment of whether the farmer would get a 99-Year Lease or not. Then they would recommend to the Minister whether an issuance of the 99-Year Lease is appropriate or not.
Madam Speaker, through this cumbersome process, we have issued under 500 99-Year Leases of the 23 000 A2 farmers. Noting this very cumbersome process, Government last year changed the policy on the issuance of 99-Year Leases as follows:
First, the offer letter was merely a piece of paper, we then issued a securitised A2 permit. All new offers for the land are now securitised A2 permits which would allow farmers some security of tenure. All A2 farmers automatically qualify for 99-Year Leases now. No one needs to apply for a 99- Year Lease and this is the policy position of Government. We introduced what we call the production and productivity return form. It is an annual production and productivity form which A1 and A2 farmers should complete and an assessment team assesses the level of production and productivity on the farm and recommends for the automatic issuance of a 99-Year Lease. This process will start this year, 2023 and we have said farmers ought to complete the production and productivity returns by the 31st March, 2023. This enables them to be assessed for such. This is the correct position in relation to 99-Year Leases.
Futuristically, I hope this august House will find it fit to support the suggestions in the amendments to the Land Commission Act which will separate the administrative processes of land from the oversight role on land which will be the responsibility of the Zimbabwe Land Commission. Once that happens, we will be able to issue 99-Year Leases without reference to the Zimbabwe Land Commission because currently, they seem to be both a referee and a player in this regard. We will be able to expedite that if we get support from the august House. Thank you Madam Speaker.
HON. BITI: Madam Speaker Ma’am, the issuance by the Government through the esteemed Minister of Agriculture, Dr. Masuka of upgrading the offer letter into a security, to quote him, a securitised certificate of occupation by A2 farmers, is an acknowledgement of the insecurity associated with the offer letter. I submit Madam Speaker Ma’am that the certificate of occupation A2 which is not backed by a legal instrument, an Act of Parliament has no difference at all with the original letter. Why is it that the Minister and the Government are not complying with Chapter 16 of the Constitution of Zimbabwe which says, among other things, that any farmer and farm owner and any beneficiary of the Land Reform Programme needs security of tenure and needs some form of title which can be hypothecated? I thank you.
HON. DR. MASUKA: I thank Hon. Biti for the supplementary question. The securitised offer letter is already recognisable in terms of the law and in terms of the Finance Act of 2023. So, it is already included in that in order to enhance production and productivity - so that has been recognised already.
However, the Ministry of Justice, Legal and Parliamentary Affairs, the AG, the Ministry of Finance and our Ministry, are currently seized with the Agrarian Reform laws which will take into consideration many aspects that have been raised by the Hon. Member including improving the tenure aspect and we can have some discussion at some stage on that. I thank you.
HON. NDUNA: The last answer by the Hon. Minister speaks to security of tenure or protection and also the reform of the Agrarian Act. would it please the Minister to put a moratorium for people that are affected by the Mines and Minerals Act who are holding on to the Agrarian Reform Act who are being displaced because of the Mines Act which is archaic and superseding all other Acts.
HON. DR. MASUKA: The Mines and Minerals Amendment Bill is already out for public hearings and will be coming to this august House. This process is ongoing. I hope that the Hon. Member will be able to sufficiently input into this Bill so that his views can be taken on board just like those of many farmers but as long as the legal environment remains what it is, it is the law of the land and that is what we utilise.
The Government, in coming up with this amendment, is of the view that there are many conflicts between miners and farmers which the Mines and Minerals Amendment Bill will be able to address and I look forward to the contributions by the Members in order to ensure that there is rapport and peace in agricultural activities and also mining activities.
HON. H. MGUNI: What efforts has the Government taken to conserve water during this rainy season especially the drier regions of the country?
THE MINISTER OF LANDS, AGRICULTURE, FISHERIES, WATER AND RURAL RESETLEMENT (HON. DR. MASUKA): Madam Speaker, I thank the Hon. Member for the question. I think that conservation of water is not just a Government responsibility; it is everyone’s responsibility starting with the household through to the national level.
What we have done specifically for Matabeleland South is that we have Thuli-Manyange Dam that we are constructing and we hope that we will be able to impound sufficient water to be able to irrigate upwards of 3000 hectares. We are also accelerating, under our newly expanded agricultural engineering mechanisation and soil conservation directorate, construction of earth dams and we are complimenting the efforts of the Rural Infrastructure Development Agency formally DDF. However, it takes everyone to be able to conserve water from using rooftops, to ensure that we build sufficient storage and we are also accelerating the Presidential Rural Development Programme through the drilling of boreholes.
So, all that water is really not lost, it goes to recharge the underground water system and this accelerated borehole system will be able to tap into that. Yes, every drop that goes into our rivers and eventually to the Indian Ocean is some water lost and we are accelerating dam construction including the smaller dams throughout the country. I thank you.
HON. NDUNA: Thank you Madam Speaker Maam. I am alive to some boreholes that have been cited and that have been drilled. Would the Hon. Minister care to share with this House when the capacitation or the activation of those boreholes that had been drilled and sunk be done so that they can be usable? In particular, from where I come from, there is a plethora of them that have been drilled in diverse number of places to augment and compliment the meagre water supply that currently exists.
HON. DR. MASUKA: I thank Hon. Nduna for the supplementary question which relates to equipping the boreholes that had been drilled. I think it is just the context that this is three phased. We have a borehole drilling brigade within ZINWA with 16 drilling rigs having arrived, of the 80 drilling rigs; to enable us to drill a borehole in each of the 35 000 villages in the country in the not too distant future. Those that have been drilled, we need to move quickly to be able to equip them so that the communities can utilise them.
The third thing is that in each of this drilled boreholes, we must construct a one hectare garden for nutrition for the village and for commerce so that we industrialise and develop the rural areas.
Treasury, unfortunately is behind in terms of the disbursements for equipping these boreholes and before moving onto the next stages, I am informed by the Acting Minister of Finance and Economic Development that some money was released yesterday. So I hope that it will go towards the equipping of these boreholes which will be accelerated.
Madam Speaker, may I add that it is the Ministry’s intention to drill five boreholes per constituency before mid year. We hope that you will be able to identify the areas where we can assist you – the driest in your constituencies. Thank you Madam Speaker.
+HON. L. SIBANDA: Thank you Madam Speaker Ma’am. Firstly, I would want to congratulate all women in the country and the world at large as today is Women’s Day; if there were no women in this august House, then there would be no women in this Parliament. It shows the importance of women and women play a pivotal role in this country. Musha mukadzi, umuzi ngumama: kusina amai hakuyendwe! Happy Women’s Day!
My question Madam Speaker Ma’am is directed to the Minister of Health and Child Care. In his absence, I will direct it to the Leader of Government Business. The Minister of Health and Child Care promised the House that he will introduce a Bill that will protect young girls from early child motherhood. I would like to know when the Hon. Minister is going to table the Bill. Thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker Ma’am. Madam Speaker, the Hon. Member is asking about the Medical Services Amendment Bill. Is that correct? Which Bill?
*HON. L. SIBANDA: The Hon. Minister promised another Bill that will cover young children who are falling pregnant.
HON. ZIYAMBI: I am correct. Madam Speaker, within this Bill, there are provisions that deal with that. What we need to do is, in the Children’s Amendment Bill, the same provisions are there but the penal provisions are different. So, we simply need to synchronize and ensure that there is uniformity - either we drop what is in the Medical Services Bill and leave it in the Children’s Amendment Bill. So your question is covered, the Bills are before Parliament and all we need is to ensure that the Ministry of Public Service, Labour and Social Welfare and the Ministry of Health and Child Care speak to each other and ensure that the provisions are either in the Children’s Amendment Bill or in the Medical Services Bill. The Minister of Health and Child Care indeed took that into consideration and included it in the Bill. I thank you.
HON. BITI: My supplementary to the esteemed Hon. Minister of Justice, Legal and Parliamentary Affairs is that the Child Amendment Bill has not dealt with one area of alignment. We have dealt with proscription of child marriages but the issue of aligning the age of sexual consent to the Constitution; in line with the recent Constitutional Court judgment in Diana Eunice Kawenda versus Minister of Justice, Legal and Parliamentary Affairs which now says the age of sexual consent must be 18 years has not been done. Can the esteemed Hon. Minister give us assurances that the age of sexual consent will be increased to 18 years in line with the Constitution so that we can protect our children? Madam Speaker Ma’am, our children are being ravished upon and we need to protect them. I thank you very much.
HON. ZIYAMBI: Thank you Madam Speaker Ma’am. The assurance that I can give is that the Bills are before Parliament and we are going to debate and propose amendments here as a House. So the assurance is, at least the Bills are here and we are going to deal with them at the appropriate time. I thank you. – [HON. BITI: Mune vana vasikana here Hon. Minister? Mune vana vasikana? Mhandara dziri kudyiwa nema sugar daddy kunze uku! Madam Speaker, ayehwa!]-
*THE HON. DEPUTY SPEAKER: That is what you were answered Hon. Biti, you will have opportunity to debate on the Bill when it is tabled so that you protect young girls.
HON. WATSON: Thank you Madam Speaker for the opportunity. My question is addressed to the Minister of Local Government and Public Works. Is it Government policy to not allow urban councils to apply directly to the auction for foreign currency? Thank you.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Hon. Speaker and thank you very much for that very pertinent question Hon. Watson. The local authorities are allowed to apply to the auction floors just like any entity. I thank you.
HON. MARKHAM: Madam Speaker, I tend to disagree with the Hon. Minister. Could the Hon. Minister just rephrase and confirm local authorities might apply but had they been allocated the money because in the case of Harare and Bulawayo, they have not been allocated this year to my knowledge. Thank you.
THE HON. DEPUTY SPEAKER: Hon. Markham, I advise you to put your question in writing so that the Hon. Minister can research and bring the answer. – [HON. MARKHAM: Noted thank you.] –
HON. BITI: My supplementary Madam Speaker Ma’am has to be answered with respect by the Deputy Minister of Finance and Economic Development, Hon. Chiduwa. The auction is still being used but even the Reserve Bank itself in its …
THE HON. DEPUTY SPEAKER: Hon. Biti, you cannot direct a supplementary question to the Deputy Minister of Finance and Economic Development.
HON. BITI: It arises because we are talking about the auction.
THE HON. DEPUTY SPEAKER: No, that is not procedural – [HON. BITI: Perhaps if you can just hear me out Madam Speaker Ma’am?] – You can ask a new question. I will note your name so that I give you the chance to pose a new question. – [HON. BITI: Oh thank you, thank you. God bless you Madam Speaker Ma’am, you are such a star.] - [AN HON. MEMBER: Bvunza Soda, bvunza Soda.] – [Laughter.] -
HON. CHASI: I have been directed by the House to ask the Hon. Minister of Energy. My question is directed to the Hon. Minister of Energy and Power Development – [HON. MEMBERS: Yeeeeeeee!]- Madam Speaker, it is common cause that the power situation in South Africa (SA) is very critical and that ESKOM is basically on its knees. I would like to know from the Hon. Minister how much power we are importing from SA and what mitigatory measures Government is taking to ensure that the vagaries of power in SA do not affect us adversely.
Related to that, I would like to ask another critical question to the Hon. Minister relating to the integrated plant relating to power in the country. There is a plan that has been in the offing for a number of years and I will be very much honoured where we are with regards to the construction of that plant.
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): I would like to thank the Hon. Member for his question pertaining to the power supply situation that is obtaining in South Africa and whether that is not going to catch up with us given that we are getting our imports from SA as one of the countries that give us power.
We are getting a capacity of around 170 megawatts from SA and the contract still subsists despite the power supply situation that is in SA but we are still able to obtain power supply from SA.
As for the mitigation measures that the Government of Zimbabwe has put in place in the event that SA one day gets to a situation where they will not be able to give us power supply, Madam Speaker Maam, you might be aware that we embarked on the expansion of Hwange Power Station in 2018 with the intention of obtaining additional power supply of around 600 megawatts from Unit 7 and 8. Last week alone, in this House, I indicated the readiness of Unit 7 from which we will be getting 300 mega watts before end of this month and another unit will be following after a month to give us a total of 600 megawatts being fed into the grid.
We also have plans to rehabilitate the existing units at Hwange Power Station, that is, Units 1 to 6 to get the units back to the installed capacity of 920 mega watts. As we speak today, there is a generation of 387 mega watts which are coming from Hwange Power Station. The intention is to rehabilitate the power station to give us 920 megawatts among other initiatives including the participation of the private sector as independent power producers. Even if we are caught up with what is happening in SA may be in a month or two, we are hoping that the capacity will be replaced with our internally generated power which we will get from the expansion project in Hwange.
With regards to the national integrated energy resource plant, it is a plan in progress. The purpose of coming up with such a plan is to align between expansion in demand which should be married with expansion in supply which we are currently working on with the projects that I have already outlined, but this plan is continuous and we will focus on the growth that is obtaining; the growth of the economy in agriculture, mining and housing which should be facilitated by provision of electricity. This plan entails that for every expansion in demand, we will be looking at the most appropriate source of generation. We have quite a number of sources of generation in this country. We have hydro and mini hydro from our small inland dams, including rivers where we can tap into for electricity generation. We also have solar and wind. The plan entails the most appropriate source of generation which we should be moving into to deal with the growth that will be happening as we go forward up to 2030 where we envisage that we will be achieving universal access to energy for everyone in the country, leaving no-one and no place behind.
HON. CHASI: Can the Minister precisely tell us when this House or country can have a document that speaks to Government’s plan regarding energy in the country given what we are experiencing already and what we are experiencing in the region generally.
HON. SODA: As I have already indicated that we are already working on the national integrated energy resource plan, we can always avail the document to Parliament when it is ready but let me try and see how we can expedite it so that it will be presented to this House.
HON. MUTSEYAMI: I have a supplementary question for the Hon. Minister. Minister, may you please avail details to the House as to why Zimbabwe Electricity Supply Authority (ZESA) no longer give timetables with regards to load shedding? It just happens just like that – if we had timetables, companies, families or people would plan according to the load shedding schedule.
HON. SODA: At the moment, it is very difficult to come up with a schedule for load shedding in as much as in power curtailment which happens from time to time mainly occasioned by the performance of Hwange Power Station. Hwange Power Station because of its age, you cannot plan well based on the capacity that will be coming from Hwange Power Station. We have unplanned outages that are occurring from Hwange Power Station. You would be surprised like I have already indicated that from Hwange today in the morning, we were obtaining a capacity of 387 megawatts but you would be surprised to hear that by the end of the day, we would be down to 100 megawatts. The four units that are currently on service, some would have gone out of service. So, the power station is not reliable at the moment because of the age. We will soon be availing load shedding schedule after the coming in of Unit 7 and 8.
If there is going to be any deficit after the two units would have been brought into service, then obviously ZESA will have to give a load shedding schedule. As we speak, it is very difficult to come up with one because of the performance of Hwange Power Station. However, I want to promise this House that soon after Unit 7 and 8 are through, then for whatever capacity deficit that we will obtain, a schedule will be provided. I thank you.
*HON. TEKESHE: Thank you Madam Speaker. The reason why people pay in advance is to make it easier for ZESA to procure electricity but I am surprised when there is a breakdown to do with electricity, people are still asked to pay for fuel and hiring of transport for repairs. Is that the new Government policy that consumers have to pay for the repairs?
*HON. SODA: Thank you Madam Speaker. That is not Government policy where people are now expected to buy fuel and donate their cars for ZESA technicians to use for repairs or any work related to electricity. This is witnessed especially from farmers. The farmers kindly ask for technicians to come and assist them by sending transport so that they immediately attend to their problem because sometimes they are told that technicians would have gone out to attend to other faults. What is happening now is that for any technician, who volunteers to do such job, they are supposed to sign a document that they are volunteering to offer those services as well as fuel to ZESA and this is for accountability purposes.
People are not forced to do that but they do it voluntarily. What is happening right now is, those who volunteer to assist ZESA are supposed to complete those documents and there should be supervision to ensure that work is properly done. Sometimes ZESA workers may also go to ZESA and claim that they used their own fuel after being given that fuel by the customer. I thank you.
*HON. MADZIMURE: Thank you Madam Speaker. The Minister is asking me to thank him for replacing the transformer that we got as a replacement after losing our transformer and he attended to the fault after three days of reporting. We want to thank him for that. There is an issue that I wanted to allude to with regards to workers but I will not do that in public.
I would like to ask the Hon. Minister that when fuel is being donated to ZESA workers, it must be noted that ZESA is using hired transport and it is paying USD150 for that hire. If you look at how much money is being spent on hiring those vehicles, ZESA could easily procure its own vehicles. I hereby request the Hon. Minister to make a ministerial statement explaining how much money is being spent on hiring vehicles and how many trucks are being used so that we compare if it could be easier for ZESA to procure vehicles.
*HON. SODA: Thank you Madam Speaker. I think he is giving us advice on how we should operate as ZESA which is what we are going to do. What I know for now is that ZESA is procuring a lot of vehicles and they have since placed an order with ISUZU although it is taking long for the vehicles to be delivered. The vehicles are coming in small batches yet people want service and they are calling for service in numbers. Whilst we are waiting for the procured vehicles to be delivered, the Hon. Member might think that it was unprocedural for the hiring of those vehicles but we will look into that. Indeed, there is nothing amiss with regards to the hiring of those vehicles. In short, the vehicles have been purchased and we are only awaiting delivery. I thank you.
*HON. TSUURA: Thank you Madam Speaker. My question is directed to the Minister of Transport and Infrastructure Development. What is Government policy with regards to increasing air transport fleet?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT (HON. MHONA): Thank you Madam Speaker. I also would like to thank Hon. Tsuura for that important question. Indeed in this august House, we hear mostly about roads and we seldom hear about air transport. I am glad to explain that Government has got a very good policy with regards to air transport. Government has plans to procure aeroplanes to resuscitate Air Zimbabwe. I am sure by the end of this month, we will be receiving an aeroplane ERJ 141which is a 50 seater. It will be very helpful for the short routes, especially in the region. We would also like to resuscitate our London route because we very much want to revive our western routes in line with our re-engagement policy. The London route is a gateway to many other western countries. That also makes me to attend to the question that we have been banned from flying to London. It was an issue of some payment arrears to IATA, which the Government has since cleared. So we are now connected to the international communication systems and we are now able to fly to international destinations. With the limited resources that we have, it is key to resuscitate our routes to the international world.
*HON. MPARIWA: Thank you Madam Speaker. I would like to find out from the Minister if there are any plans to have partnerships with other flights plying the London route. Some airlines have partnerships for instance the Ethiopian airlines. Maybe whilst we await our own airline, we can benefit from having partnerships with other airlines such as those going to Addis Ababa and other airlines with more aeroplanes. I thank you.
*HON. MHONA: I would like to thank Hon. Mpariwa for that pertinent question. When we fly, there is what we call code sharing. The good thing about this country is that we have the shortest flight time because unlike other flights, they have to land in the country where the flight originates and that takes longer. So we have the advantage over those other flights because we are strategically positioned as a country and we will see more people coming to board our plane from the newly spruced up Robert Mugabe airport. We have the shortest flying time as they fly directly to London without any stops. We are open to have partnerships with other airlines. Through IATA, we are able to see other airlines and we will be able to work together with other airlines. I thank you.
HON. NDUNA: Thank you Madam Speaker Ma’am. The overflights that are occurring in any country, including Zimbabwe, means there is supposed to be some funds remitted to the local airspace supervision department, in this case the Minister of Transport through the Civil Aviation Authority of Zimbabwe. What plans are there for the Minister to install radar systems in the middle and higher spaces so that we are able to see which flights are overflying our airspace which are supposed to remit funds for both Air Zimbabwe and usage in Zimbabwe.
HON. MHONA: I would like to thank Hon Nduna for his question. Indeed, Civil Aviation is mandated to collect service fees for flying past the country or flying within. To also put it on record, we have the capacity to superintend all flights that ply our airspace and I am happy that as we are also rehabilitating the R. G. M International Airport, we have got the high doppler scan machines which will also detect planes from far away. There is not a single aeroplane that can fly into our airspace without us noticing. I want to assure the august House that even before a commercial plane flies, they send their manifesto and their schedule flight plan so that they communicate with our air traffic controllers. I am happy this is in place and not a single commercial flight can just fly without attending to the necessary paperwork that I have alluded to. I am happy to say in terms of revenue leakages, there is none because the moment they give a flight plan and schedule, we then collect the necessary charges. However, to those who might think that we may not see you when you ply our airspace, try it and you will see that you will not succeed. I thank you Hon. Speaker.
*HON. MADZIVA: My question is directed to the Minister of Transport. I would like to know what is Government policy pertaining to those people who are digging roads and leaving open holes thereby causing potholes in roads.
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): I would like to thank Hon. Madziva for raising that pertinent question. Indeed, we have unscrupulous people digging on the roads as well as on railway lines leading to accidents. If it is local authorities who may be installing pipes or electricity lines, all those road authorities must ensure that the roads are repaired to their original state before they started working on it. We emphasise that they ensure that they repair the roads to the state that they found them in before they worked on them because those unattended pits lead to accidents. I thank you.
HON. CHINYANGANYA: I want to thank the Hon. Minister for his response. My supplementary question - is there any form of supervision that is being undertaken by the responsible authority to make sure that there is quality on the roads that will have been patched because if you look at it closely, most of the patched portions will disintegrate within a month or two months after being patched?
HON. MHONA: It is true and I do concur that indeed, we now experience shoddy works after such, maybe it will be just someone doing it for the sake of just covering. At times the shoddy work that is done soon after rehabilitating that road is not desirable and I want to ensure and continue, especially from road authorities, we do have engineers to monitor such anomalies; if we can work together, even as the august House, where you see such anomalies so that they are addressed with speed.
HON. NDUNA: Due to the humongous dilapidation and disuse of the road infrastructure, there are private players out there who are able to rehabilitate, maintain and reconstruct some of these areas, both in the mining and urban areas. Would the Minister care to share with this House if there is some policy which can make sure that if they rehabilitate, reconstruct and maintain and indeed rejuvenate these areas that are dilapidated, deplorable and disused there will be payment in the future if the private players go into these areas immediately and expeditiously rehabilitate these areas?
HON. MHONA: The question, yes, it is supplementary but it is also a new question but I will address it. The policy when you are actually donating to Government, you just approach the relevant road authority so that you write - as you know that all donations must be accounted as it is mandated through the Public Finance Management Act that we also need to account for such donations. I am happy that if there are private players, we would also thank such private players who can partake and partner Government so that as we have such work that needs urgent attention, we can work together. I humbly appeal to such private players that we are willing as the Ministry to engage and work closely with them.
*HON. TEKESHE: The Ministry has concurred that indeed there are some people or contractors who do shoddy work, so I want to know what the Government policy says pertaining to such kind of people, for example that bridge that was washed away. Is somebody left to go scot-free after they have been paid or they should return the money to Government or even be sentenced?
HON. MHONA: I would like to thank Hon. Tekeshe for that important question. We do not allow such people to just walk away with Government money after doing shoddy jobs. Right now, Government is not paying such people until they finish their work. I can assure you that anyone who does shoddy work on a road section will not be paid until they finish their work. We encourage people to complete their job and do it properly, and after completing your work, Government will pay you. I believe that any person who is responsible for awarding tenders within Government should do their work diligently.
(v)HON. MBONDIAH: My supplementary question to the Minister: what is Government’s policy in getting donations towards road construction strictly as cash or from private players who can donate by way of using their own resources or even giving cash directly with Government only playing the monitoring and supervisory role as the private player constructs or rehabilitates the road?
HON. MHONA: In terms of donations, mostly these are donations in kind. What we are saying basically is, if you want to then assist, whether it is a road construction, you put it in writing and make sure that the donation goes straight to the intended authority - be it a section that is going to be rehabilitated. We are not anticipating receiving cash as a Ministry and we are saying we would be grateful if you could then come and work together with the Ministry and we do offer the supervision. In terms of provision of resources and materials, that will be under the purview of those donating. I humbly appeal that if it is cash, there is no policy for us to request for cash. If you see anyone asking for cash, please refer to the Ministry.
(v)*HON. BRIG. GEN. (RTD.) MAYIHLOME: Thank you Hon. Speaker Sir. A point of order I want to raise to Minister Mhona is that when he comes with the Ministerial Statement, he should also explain to us what the plans of the Ministry are in relation to the road at the fly-over at the Green Market.
HON. MHONA: Thank you Mr. Speaker Sir. I would also like to thank my fellow Hon. Mhofu, Brig. (Rtd.) Mayihlome that he has raised a very important question but when it comes to disbursement of ZINARA funds, we do not look at a particular section to say the funds are coming from this particular area. Funds are distributed and disbursed to road authorities and we have got four road authorities in this country. We have the Department of Roads, RIDA which was DDF, we also have local authorities and Rural District Councils (RDCs). So, it is not like we actually forget rural constituencies and mostly roads under the RDCs are those that we find in our constituencies that also fall under RIDA.
So, in terms of disbursements, it is also very important to work closely with your RDCs, local authorities and your RIDA so that you take them to account to whatever they receive from ZINARA so that they appraise the citizenry on how they are actually using those funds. I thank you.
*HON. MUTSEYAMI: Mr. Speaker Sir, I have a plea to the Hon. Minister Mhona, when he comes with the Ministerial Statement, if he can also as well afford space to give us explanation as to what the Ministry is doing to administer the problem we have with regards to Hebert Chitepo Road as we move out of Mutare between Fly-over and Green Market. There is a serious challenge of traffic because of the one way traffic that is used at those positions. So, if the Hon. Minister can please explain to the House as well as to the country. Thank you.
(v)HON. P. ZHOU: Thank you Mr. Speaker Sir for giving me this opportunity to ask my question. I would also like to say happy women’s day to all the female Hon. Members of Parliament, all the ladies present and all the women in Zimbabwe.
My question is directed to the Minister of Higher and Tertiary Education. I want to seek clarification; what does the law say on a matter such as the one I am going to present, where other students are already enrolled for Lower Sixth form while others have not even received their results? Some schools did not receive Ordinary Level results on different subjects, including Combined Science. These are withheld by ZIMSEC. What does the law say because Heads and parents do not know the exact reason as to why the results for these subjects were withheld? Heads were told that the investigations will be carried out but up to now no update - parents, learners and teachers want to know.
THE DEPUTY MINISTER OF HIGHER AND TERTIRARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. MACHINGURA): Thank you Hon. Speaker Sir. If I got her question right, she is asking a question on results that have been withheld. These students have written their ‘A’ Levels and their results have been withheld by ZIMSEC for one reason or the other. Now she is asking about them moving on to universities and tertiary institutions. I think that is the question. If a problem is within their ‘A’ Level activities, then ZIMSEC and the Ministry of Primary and Secondary Education would be in a better position to give an answer on that one. Thank you Mr. Speaker Sir.
HON. P. ZHOU: Mr. Speaker Sir, that was not the question I asked. I said Ordinary Level results. It is not a supplementary, I am clarifying to the Minister that he did not answer my question. My question was on Ordinary Level results. The other students are already enrolled for Lower Sixth form whilst others are still waiting for the results.
HON. MACHINGURA: Thank you Mr. Speaker Sir. I think I was right to refer the question to the Ministry of Primary and Secondary Education. I thank you.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon. Zhou, we do not have the Minister of Primary and Secondary Education in the House, may be you could come up next week to ask, unless if you would want to ask the Leader of the House?
HON. MARKHAM: Thank you Mr. Speaker Sir. My question is directed to the Minister of Agriculture. The Minister issued a Statutory Instrument 62:2020, which deals with BIPPA and also deals with indigenous farmers. My question is linking into the 99 year leases which have been issued, how many indigenous farmers whose land was expropriated have had a 99 year lease given to them to go back onto the farm? Thank you.
THE MINISTER OF LANDS, AGRICULTURE, FISHERIES, WATER, CLIMATE AND RURAL RESETTLEMENT (HON. DR. MASUKA): Mr. Speaker Sir, I thank Hon. Markham for the question. This is very specific, asking about statistics and not about general policy of Government. My request therefore is that this question be put in writing so that we can avail the details. I thank you.
Hon. Markham having wanted to raise a supplementary question.
THE TEMPORARY SPEAKER: Sorry Hon. Markham, a supplementary question does not arise because he is actually suggesting to you that you have to put that one in writing.
HON. MARKHAM: Mr. Speaker, I would like to rephrase the question into a policy question.
THE TEMPORARY SPEAKER: Unless of course you would like to use another name not supplementary question. It should not arise at all. Maybe you would want a point of clarification on that, I do not know.
HON. MARKHAM: Okay can I have a point of clarification.
THE TEMPORARY SPEAKER: Okay please.
HON. MARKHAM: Why is the Minister evading the question so often? Thank you.
THE TEMPORARY SPEAKER: Overruled. I am sorry about that.
HON. CHINYANGANYA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Transport and Infrastructural Development. Most of the roads that are being rehabilitated are not lasting very long and I understand the Government has got a programme to rehabilitate most of our major roads. So, what is the Government going to do to make sure that the works that are being undertaken are of a quality nature so that after five years, we are not going to redo those roads? A good example is the Bulawayo-Plumtree Road. Most of the sections are now gone but the road was resurfaced recently. I thank you.
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Let me thank Hon. Chinyanganya for that very important question which is also a major concern, Mr. Speaker Sir, to the citizenry that indeed if we partake and if we tap into the fiscus, we must be accountable to the people of Zimbabwe and he has cited one of the major trunk roads. Indeed, what is needed, Mr. Speaker Sir, soon after reconstructing and rehabilitating roads is maintenance. I am happy there is a policy now to resuscitate maintenance units along our major roads so that we start looking after our roads and maintain them regularly which is something that was not happening before. I want to assure the august House that now, soon after rehabilitating, we are also making sure that we maintain our roads.
I want to also say to the august House that in terms of guarantees, we actually request guarantees to be in place for any contractor to participate in road rehabilitation so that we then fall into the guarantee if you fail to construct a road that would last for some time. There was a proposal in this august House to say since we are the law makers, if we can be very punitive in terms of the timeframe that we can give to the contractors so that if they do not fall within that timeframe, they must be accountable. I also want to agree with the Hon. Member that yes, indeed some of the roads are falling short because of the shoddy works and we continue to supervise and monitor such works. Thank you Mr. Speaker Sir.
HON. CHINYANGANYA: I want to thank the Hon. Minister for his response and really acknowledging that we have a challenge. He spoke of the need to have a guarantee on the issue of contractors. Is that also going to extend to those contractors who are given roads in local authorities because we are also facing the same challenges across the country in all urban local authorities? I thank you.
HON. MHONA: Hon. Chinyanganya is very right in terms of road authorities that what he has been talking about is prevalent in local authorities and we expect also local authorities to have engineers in place so that they supervise and monitor their works. I am happy that he has cited local authorities which also are one of the road authorities and I agree that this is going to be applicable to all road authorities in terms of maintaining our roads and also the guarantee element. Thank you Mr. Speaker Sir.
(v)HON. BRIG. GEN. (RTD) MAYIHLOME: My supplementary question to the Hon. Minister is, are we not missing the point? What are the causes of rapid degradation of these roads? When are we going to chuck off the heavy laden trucks on our main highways? If you look at the Harare-Nyamapanda Road, the Harare-Beitbridge Road, the Harare-Chirundu Road or the Victoria-Falls-Beitbridge Road, it is the same story.
All major routes are being dilapidated, degraded by heavy laden trucks and cargo that is supposed to be on rail. When are we going to put restrictive or prohibitive reins on these truckers to move off all the roads and use rail for heavy laden traffic? Thank you Hon. Speaker Sir.
HON. MHONA: Let me thank Hon. Mayihlome for the question. He has answered part of the question to say the load that is going through our roads is supposed to be on rail. I agree that precisely is the order where we would not then burden our roads, but I want to assure the Hon. Member that now we have started with Harare-Beitbridge, we are moving to Harare-Chirundu and at the same time we are also pursuing vigorously to rehabilitate Harare-Nyamapanda Road so that our major trunk roads will be trafficable. In the meantime, we are also busy trying to resuscitate, trying to remove cautions on our rail and you will see that as we then procure new locomotives and wagons, we will then transfer the burden from the roads to the rail. I agree this is the long and sustainable measure so that we do not continue degrading our roads. Thank you.
HON. WATSON: Hon. Minister, given that Government policy is that Zimbabwe is open for business, when are you going to consider the Victoria Falls-Bulawayo Road? People are having accidents and losing tyres. It is a premier resort town and getting there is now extremely difficult. Thank you.
HON. MHONA: Thank you Mr. Speaker Sir, let me also thank Hon. Watson for that very important question which I am going to cover again in the Ministerial Statement, but I will hasten to respond to say yes, it is one of our tourist attractive centres when it comes to Victoria Falls and in terms of the road connectivity that is Bulawayo-Victoria Falls, we have seriously damaged sections along the road. As we speak, my team is seized with the procurement and they are done with the procurement processes so that we rehabilitate sections mainly from Hwange and Lupane areas where the road is no longer trafficable and this is what we are going to be doing in the short term, but the entire stretch which covers close to 760km from Beitbridge is going to be rehabilitated in the same manner that we are rehabilitating Harare-Beitbridge Road. Thank you Hon. Speaker Sir.
Questions Without Notice were interrupted by THE TEMPORARY SPEAKER in terms of Standing Order No. 68.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
ESTABLISHMENT PROCESS OF KUVIMBA MINING HOUSE
- MARKHAM asked the Minister of Finance and Economic Development to explain the following to the House:
- the establishment process and date of creation of Kuvimba Mining House;
- The legal instrument for its establishment, given that Government is the majority shareholder;
- Who the shareholders are, the percentage of their shares and what the contributions are in the company;
- Where the company is registered and what its sister or sub companies are;
- who are the other shareholders directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
- What the current asset value of Kuvimba Mining House is - including definable resources; and to further confirm whether a tender was issued for any disposal or acquisitions of State assets and/or enterprises.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Mr. Speaker Sir, in response to the questions asked by the Hon. Member regarding Kuvimba Mining House. Kuvimba Mining House Private Limited is a private company incorporated in accordance with the laws of Zimbabwe. It was registered in September, 2020. The legal instrument, Kuvimba Mining House is a company registered in accordance with the Companies and Other Business Entities Act. Government and other special interest groups acquired ordinary shares in the company resulting in the company becoming a shareholder along with other shareholders. The shareholders are as follows:
- Government of Zimbabwe with a shareholding of 21.5%,
- Datvest Nominees which is on behalf of farmers’ compensation with 12.5%,
- National Venture Fund Private Limited with 7.5%,
- Public Service Pension Management Fund with 7%,
- Sovereign Wealth Fund of Zimbabwe with 6.5%,
- Insurance and Pensions Commission (IPEC) with 5%,
- Deposit Protection Corporation with 5% and
- Other private sector investors with 35%.
On where the company is registered and what its sister or sub companies are, the company is registered in Zimbabwe. The company’s sister companies are as follows:
- Zimbabwe Alloys Limited;
- Freda Rebecca Gold Mine;
- Shamva Mining Company (Pvt) Ltd;
- Bindura Nickel Corporation;
- Great Dyke Investments (Pvt) Ltd;
- Jena Mines Mineral (Pvt) Ltd and
- Mineral Development (Pvt) Ltd
- Sandawana Mines.
Mr. Speaker, the other shareholders are as explained earlier on and the directors of the company have not changed save for two resignations in 2021 and 2022. On the current asset value, I presume the Hon. Member is seeking to ascertain the company’s net value. The company is in the process of finalising its audited accounts which will inform its current asset value. To further confirm whether a tender was issued, ZMDC went into a joint venture arrangement relating to some of its distressed non-performing assets which were reeling under severe debt.
Mr. Speaker Sir, employees in the affected companies faced job losses as the companies were unable to pay salaries to its own workers. ZMDC took the action in order to provide an opportunity to resuscitate operations and enable the companies to contribute to the economy by bringing them back to production. The procurement and consummation of the transaction was done in terms of the Joint Ventures Act (22:22) which is the predecessor to the Zimbabwe Investment Development Agents Act. That is the procurement method which was accepted under the applicable legal regime at the time. I submit for now Hon. Speaker.
HON. MARKHAM: My supplementary question is that in a court case in South Africa, the directors were listed as David Brown, Joseph Clifford Bare, Christian Alexander Weber, John Finlson and Ronald Sinclare.....
THE TEMPORARY SPEAKER: With all due respect Hon. Markham, is that court case in South Africa still on or not.
HON. MARKHAM: It is finished. The companies listed in a court case are seven South African companies, my point is these companies do not and are not reflected here in Zimbabwe. What are South Africans doing running Kuvimba which is supposed to be our assets? Do we not have someone good enough in this country to represent our assets?
In the said court case, the affidavit was signed by one Kuda Tagwirei and his report has nothing to do with that. It is actually, obviously a different company. So, could the Minister explain how we got from that situation to the current situation with registered people that he is talking about in Zimbabwe? I thank you.
HON. CHIDUWA: Thank you Mr. Speaker Sir. What is guiding us is what is lodged and registered with the Registrar of Companies. We are not here to discuss court cases and anything that is outside, that I think is beyond me. For me, what I used is what is with the deeds. This is what I responded to and any other information, I think the Hon. Member is privy to provide us with that information. What is critical is the legal information which is with the deeds and that is what I did.
HON. MARKHAM: On a point of order! My reference to the court case is to prove the source documents for who owns and is responsible for Kuvimba Mining House. If it has changed, how did it change? I used the court case only as the source document as to what I have. It appears the Hon. Minister is not happy to explain what is happening in South Africa pertaining to Kuvimba.
THE TEMPORARY SPEAKER: Unfortunately Hon. Markham, in this House, we do not debate things that are under the courts, whether it is here or outside Zimbabwe.
HON. MARKHAM: I fully understand. The court case is finished, it has been ruled on, and it has been adjudicated, hence the two resignations he is talking of - [HON. MEMBER: Inaudible interjections.] – You are not the Minister who is supposed to answer the question.
THE TEMPORARY SPEAKER: Order Hon. Markham!
HON. MARKHAM: I want an answer to the questions. These are national assets, they are gone.
THE TEMPORARY SPEAKER: I am not protecting the Minister but you heard the Minister saying that if you have got relevant information, you are supposed to avail that to the Minister so that he can make some investigations.
HON. MARKHAM: Thank you Mr. Speaker. However, my question has been sitting on this Order Paper for three months. Secondly, if you look at the Order Paper, all the questions are mine and they are not answering my questions. I have also stated to this House, we are waiting for four Ministerial Statements from Ministers that I have asked and they have not answered.
The Chair always protects the Ministers and they do not answer and when they do not answer, you still protect them. So, where is the error?
THE TEMPORARY SPEAKER: That is a serious accusation Hon. Markham. I think I told you what the Minister has said, maybe you did not understand him. He told you that if there is any relevant information that you have got, please make it available to the Minister so much that he can give you appropriate answers to the questions. There is no need for you to argue with me, my decision is final.
HON. MUSHORIWA: Having listened to the Hon. Minister explaining the directorship of Kuvimba Mining House, I think it is only fair that if the Minister’s answer is legitimate, we request that the Hon. Minister be compelled by this august House to bring copies that he claims he lodged with the Deeds Office pertaining to the directorship of Kuvimba Mining House.
Hon. Speaker, we believe the Minister is actually walking on a thin line of misleading this august House because the directorship of Kuvimba is not as mentioned by the Hon. Minister. So we compel the Hon. Minister to submit copies into this august House.
THE TEMPORARY SPEAKER: Order!
HON. MUSHORIWA: On a point of order! The Minister of Justice, Legal and Parliamentary Affairs cannot try to be a super Minister and try to overpower the Minister of Finance and Economic Development – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order! Your supplementary question has been understood that you are requesting copies of all the directors.
HON. CHIDUWA: Thank you Mr. Speaker Sir. I think the Hon. Member knows that the Deeds Office is a public office. I will bring back exactly what I have brought now. So should you query what is here, we are saying the Deeds Office is a public office and you are free to go and check – [HON. MUSHORIWA: Inaudible interjection.] –
THE TEMPORARY SPEAKER: Order Hon. Mushoriwa. I think his answer is very clear, if you have got some issues that you would want some clarifications from the Minister, he has actually directed you where you are supposed to get the directors of this company – [HON. MUSHORIWA: Inaudible interjection.] –My decision is final.
SUBMISSION OF REPORTS, STRATEGIC PLANS AND RESULTS OF KUVIMBA MINING HOUSE
2. HON. MARKHAM asked the Minister of Finance and Economic Development, as manager of State assets and funds, to explain to the House why the Ministry has not submitted reports, strategic plans, and results of Kuvimba Mining House for consecutive years since its inception in accordance with the Public Entities and Corporate Governance Act [Chapter 10: 31].
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Mr. Speaker Sir, as I explained earlier, Government of Zimbabwe owns 21, 5% shareholding in Kuvimba Mining House. As such, the Ministry receives information on the company that a shareholder is entitled under the Companies and Other Businesses Entities Act. To that extent, as I have explained earlier, the company will be submitting its audited financial statements to its shareholders once they are finalised. This will be tabled at the company’s AGM.
HON. MARKHAM: I would like clarity from the Minister as to when we expect this year’s documents.
HON. CHIDUWA: Thank you Mr. Speaker Sir. As I have already mentioned, the tabling of the financial statements will be done at the AGM of Kuvimba Mining House, not here in Parliament. We are only a shareholder of Kuvimba, so we will only get the documents as a shareholder because it is a private company.
HON. MUSHORIWA: Mr. Speaker, my supplementary question to the Hon. Minister is to ask that in-asmuch as the financial statements are tabled at the AGM, Government being a shareholder of more than 20% of the entity and this Parliament being the oversight board that oversees the Executive. Could the Hon. Minister bring copies of the last financial year and the current year to this august House, bearing in mind that we really want to understand because apparently, if you then check Kuvimba, it is also paying farmers and we want to see the link and performance of the company, purely Mr. Speaker Sir, on that 20% shareholding that is owned by the people of this country.
HON. CHIDUWA: Hon. Speaker, I think I may need to be guided on that because what we are dealing with here is not a listed company. For a listed company, yes, it is a requirement that all these documents can be made public but for us as Government of Zimbabwe, I think what we can only do is, if Kuvimba declares dividends then there is that component that comes to us which is the 21 point something percent – this is what we can declare. As I have said, I may need to be guided but I do not think that it is going to be proper for us to bring the statements of a private company and table them in Parliament. – [HON. MUSHORIWA: Inaudible interjection.] –
HON. MARKHAM: On a point of clarity Hon. Speaker Sir!
THE TEMPORARY SPEAKER: Hon. Mushoriwa, Hon. Mushoriwa, may you resume your seat? Hon. Markham, what is your point of clarification?
HON. MARKHAM: Point of clarity! Mr. Speaker, if we go back to Question Number One…
THE TEMPORARY SPEAKER: Not Question One, we are now on Question Number Two …- [HON. MARKHAM: I know but Mr. Speaker sorry…] – We cannot go back to Question Number One … - [HON. MARKHAM: I am not going back. My point of clarity– is on Question Number Two. …] - Hon. Mushoriwa, Hon. Mushoriwa! Order please!
HON. MARKHAM: Mr. Speaker, the Hon. Minister has just told us that it is a private company – which is fine, I
I have no problem with that. The company’s assets came from the Government and if you look at 1 (g), it says there - confirm whether a tender was issued for the disposal or acquisition of State assets, hence my reference to Question Number One. Did this private company and what did it pay? Was there a tender for the disposal of massive company assets? I thank you.
HON. CHIDUWA: Thank you Mr. Speaker Sir. I think I was very clear to say the disposal or any such acquisition was not done in terms of the Public Disposal but was done in terms of the Ventures Act following the provisions of ZIDA. So, I am not sure if there is any confliction there.
HON. MARKHAM: Mr. Speaker, I do not care how you sugarcoat it. Any disposal of State assets must come to this House and it has not. You can sugarcoat or call it what you like, it is not legal.
THE TEMPORARY SPEAKER: Hon. Markham, I had given you the floor to pose Question Number Three. I thought the response from the Hon. Minister was so clear and I have given you the opportunity – [HON. MARKHAM: Thank you!] – to pose your Question Number Three.
HON. MARKHAM: Mr. Speaker, on a point of clarity, you are personally comfortable with his answer that the State assets were disposed of legally. I just need clarity on that, are you comfortable Mr. Speaker that State assets for the money and resources in Zimbabwe were disposed of legally? – [HON. CHIDUWA: They were not disposed, they were acquired.] – They were acquired legally? – [HON. ZIYAMBI: What was the question Hon. Markham?] – Mr. Speaker, I cannot say it often enough and if people listened instead of talking they would understand. It is a very simple question. Are the assets of this country, a whole list of mines, was it disposed of or acquired by this company legally, that is all? Could the Minister of Justice, Legal and Parliamentary Affairs actually answer that question seeing he wants to? I thank you. – [HON. ZIYAMBI: It is a supplementary, I cannot.] -
HON. CHIDUWA: Thank you Hon. Speaker. I do not know if I am going to present something that is different. I have already stated that the acquisition of assets by Kuvimba was done legally using the Ventures Act. Again, the Ventures Act is a legal Act. So, I am not sure if there is any difference on that.
HON. MUSHORIWA: Supplementary Mr. Speaker Sir!
THE TEMPORARY SPEAKER: Sorry Hon. Mushoriwa, I think we have had quite a number of supplementary questions on this one – [HON. MUSHORIWA: It was not on this question Hon. Speaker!] – I gave you opportunity I think twice. I gave you opportunity about five times, so no more supplementary questions on this one. – [HON. MUSHORIWA: Inaudible interjection.] – No more supplementary questions and my decision is final; no more - [HON. MUSHORIWA: Inaudible interjection.] – My decision is final, I am sorry – [HON. MUSHORIWA: But you never asked me for this ZIDA because what the Hon. Minister has done is actually misleading the House!] – Now if you are saying he is misleading – [HON. MUSHORIWA: Inaudible interjection.] – Hon. Mushoriwa! Hon. Mushoriwa! Can you withdraw that statement that you said! – [HON. MUSHORIWA: But Mr. Speaker Sir…] – May you withdraw! – [HON. MUSHORIWA: He is talking of an Act that was repealed.] – Order, order Hon. Mushoriwa! I am saying order, may you resume your seat? – [HON. MUSHORIWA: But you need to also guide the Minister!] – I cannot accept the fact that you are saying that the Hon. Minister is misleading the House. I wonder why you are asking questions if you already have appropriate answers. Please sit down! – [HON. MUSHORIWA: But Mr. Speaker Sir…] – No, I cannot entertain any further questions regarding … - [HON. MUSHORIWA: But the Hon. Minister of Justice, Legal and Parliamentary Affairs is here, he knows that the Ventures Act was repealed!] – No, the question is not directed and you are not here to debate with me, my decision is final.
SUBMISSION OF INFORMATION RELATED TO ZAMCO DEBT BENEFICIARIES
- HON. MARKHAM asked the Minister of Finance and Economic Development to explain why the Ministry has not submitted the following, in relation to the ZAMCO debt acquisition beneficiaries, to Parliament—
- list all the individuals and companies whose debt was acquired;
- list of financial institutions that were owed before acquisition;
- how the debt was acquired and approved by Parliament without any list or explanation as to who the end beneficiaries were; and
- how the beneficiaries were identified, and to avail to Parliament the minutes of the meetings that were held to identify the beneficiaries.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Mr. Speaker Sir, let me take this opportunity to inform the House that ZAMCO has seized operations and is in the final stages of winding up in accordance with Section 57 of the Reserve Bank of Zimbabwe Act.
95% of ZAMCO staff has left the company following its closure and only a few staff remains to oversee the final and closing audit being undertaken by Ernst and Young. At the time of cessation of its operations, ZAMCO had fully repaid all Treasury Bills issued by Government for the acquisition of non-performing loans (NPLs).
On the disclosure of list and details of all the individuals and companies whose debts were acquired; when ZAMCO took over the non-performing loans from banks, it literally stood in the place and stead of the banks. There exists a fiduciary relationship between the banker and its customers that entails the bank to maintain confidentiality. It will be therefore a breach of that common law duty to disclose information requested. It is not in the public interest to disclose privileged information and neither is it relevant to the inquiry before Parliament. Parliament is more interested in public funds usage and not private matters of individuals. The request for information has been overtaken by events as in May 2021, ZAMCO repaid all the Treasury Bills issued by Government. In that regard, there is no longer any recourse to public funds.
On the list of all financial institutions that were owed before acquisitions; it must be noted that true beneficiaries of public funds are the banks from whom non-performing loans were purchased using Treasury Bills. The NPLs were acquired from the following banking institutions listed in the table below:
Participating Banks
|
11. Steward |
|
12. Stanchart |
|
13. Metbank |
|
14. IDBZ |
|
15. Tetrad |
|
16. Interfin |
|
17. Trust |
|
18. AfrAsia |
|
19. Capital Bank |
|
20. Barclays |
On how the debt was acquired and approved by Parliament without any list and explanation as to who the end beneficiaries were; Parliament exercised its role by enacting the relevant legislation that provided for the acquisition of bad loans through amendments to the Reserve Bank of Zimbabwe Act [Section 57]. The actual process of acquiring debts from individual banks is purely an operational issue and does not need to be approved by Parliament. In any case, dealing with NPLs is a monetary policy issue which is the bank’s prerogative in terms of the laws of the country.
On how the beneficiaries were identified and to avail to Parliament the minutes of the meetings that were held to identify the beneficiaries; it was not the responsibility of ZAMCO to identify loans that were acquired. Each individual bank identified loans it wished to sell to ZAMCO depending on its loan book or NPL profile and taking into account its targeted NPL ratio. Once the banks identified loans to sell, they offered them to ZAMCO.
It must be noted that loans are assets that are owned by banks and it is their prerogative to decide which ones they should hive off their books. Further, NPLs are sold by banks without the knowledge or consent of the debtors. This is standard practice globally for debt sales.
It must be noted that non-performing loans are not acquired on the basis of who the underlying borrower is. ZAMCO’s statutory mandate is to acquire NPLs from the banking sector in Zimbabwe regardless of the identity of the underlying borrower.
HON. MUSHORIWA: Mr. Speaker Sir, I just want to seek clarification on the fiduciary relationship that exists between ZAMCO, banks and debtors. I just want to bring to your attention that this matter came before your Public Accounts Committee and the Governor of the RBZ came before this House and an opinion was sought from both the Counsel to Parliament and the Attorney-General pertaining to the fiduciary relationship. It is on record that the opinion that came was that the moment the client or debtor failed to honour the debt at the bank and then the debt was acquired by ZAMCO, that was the end of the fiduciary relationship between a bank and a client. The Hon. Minister’s answer seems to contradict that position. Accordingly, I think on this particular issue – it is important that we request the Counsel and the Attorney-General to bring this issue which has been established in this Parliament when the Public Accounts Committee called the Governor of the Reserve Bank and the Governor had committed to bring the ZAMCO list. We cannot then hide under the answer that the Hon. Minister has put. This is my submission that his response on the fiduciary relationship is wrong because the opinion has been sought and given by the Counsel to Parliament and the Attorney-General who are the top lawyers of this country.
To that extent, we request that we get a proper legal opinion from the Attorney-General and the Counsel to Parliament on this matter.
HON. CHIDUWA: I think the submission by Hon. Mushoriwa is proper. He said an opinion was given but what we need now is the legal position. I think his submission is proper.
HON. MARKHAM: I will also ask a supplementary question and also add. I took the liberty of checking the documents and the Clerk of the Public Accounts Committee can confirm that I physically checked all documents that were submitted to the Public Accounts Committee and I have seen confirmation of the Reserve Bank delivering the said documents to this House. There are only two people who can stop that; that is the Clerk and the Speaker. Those documents and the confidentiality that we are talking about are actually irrelevant because the Reserve Bank delivered the requested documents. I insist that they are availed to the House. Thank you.
THE TEMPORARY SPEAKER: Are you in concurrence Hon. Minister?
HON. CHIDUWA: Yes.
ANNUAL INCOME AND EXPENDITURE OF THE SOVEREIGN WEALTH FUND
- HON. MARKHAM asked the Minister of Finance and Economic Development to inform the House on the following:
(a) Annual income and expenditure of the Sovereign Wealth Fund annually since its inception and the management modalities of the Fund;
(b) Who makes the operational decisions on expenditure and programmes of the Fund;
(c) Who comprises the current Board, and if Minister could provide proof that these were done in a transparent manner;
(d) To confirm if the Fund were ever audited;
(e) To submit before the House the annual board reports and the strategic plans;
(f) Who the appointed investment managers are and how they were appointed; and
(g) To confirm all accounts that the RBZ is custodian to, and if there are any other custodians.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Mr. Speaker Sir and thank you Hon. Markham again for the pertinent questions which are of public interest. Mr. Speaker Sir, in response to the question asked by Hon. Markham regarding the Sovereign Wealth Fund, let me say that the Sovereign Wealth Fund of Zimbabwe Board is established by the Sovereign Wealth Fund of Zimbabwe Act [Chapter 22:20] which was gazetted in 2014 and became effective in 2015 through a Statutory Instrument 71 of 2015. Ever since its establishment, the Fund has been relatively dormant with no operational activities or ongoing investments in place. Further, the Fund had not benefitted nor procured any public funds as it has been non-operational. Going forward, Government will work with the Fund to strengthen its operations. Currently, Government is in the process of appointing the Board and Management to enable Operationalisation of the Fund. As you can see, because of the infancy of the Sovereign Wealth Fund, there is not much that we can say in relation to the questions as you raised from (a) to (g). I submit.
HON. MARHAM: Mr. Speaker, I would like to thank the Minister for his honest answer and confirm that the much voted Sovereign Wealth Fund is actually dormant. Thank you.
THE TEMPORARY SPEAKER: Hon. Markham, because of our Standing Order Number 68 (7), which says an Hon. Member is only allowed to ask four questions, so the remaining two questions are not going to be answered. The Minister must submit them to the Hansard.
HON. MARKHAM: Mr. Speaker, considering that the Minister has all the answers at his fingertips, why do we not proceed? Can we put Hon. Mushoriwa instead of Markham? Kubvunza chete.
Again Mr. Speaker, Question Number 8 which the Minister of Justice tried to set aside – my question Number 8 is directed to the Minister of Justice and I know he is trying to push it onto Local Government. I would like to remind the Minister of Justice that he has answered this question himself before when it was put in writing two years ago. So he cannot push it aside. He must prepare for next week, we are waiting. Thank you.
MEASURES TO MITIGATE POVERTY PREVALENCE AMONG WOMEN
- HON. MARKHAM asked the Minister of Justice, Legal and Parliamentary Affairs to explain to the House:
(a) Why the Justice Uchena Report has still not been brought before this House even though it was completed and handed to His Excellency, the President, in December 2019; and
(b) To further elaborate how much money was used by the Commission and to state when it was paid out.
THE MINISTEROF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. Speaker Sir, can the Hon. Member redirect Question Number 8 to Local Government. I thank you.
HON. MARKHAM: Mr. Speaker, can the Minister answer why he answered the same question before without redirecting it to the Ministry of Local Government?
HON. ZIYAMBI: Mr. Speaker Sir, this is a written question requesting a specific performance of having a report here. I answered the other question as Leader of Government Business.
HON. MARKHAM: Mr. Speaker, point of clarity. The Minister is misleading us. He answered the question on the Justice Uchena Report which was delivered in December 2019 to the President. We use public funds for that. The issue is being raised even today of the peripheral areas of urban areas land being acquired illegally, are not being done or covered very well, particularly Harare province. It is a damning report and the Minister ari kuvhariketa ipapo. I cannot say that in English. He must answer and he must bring it to the House. Let us put this behind us before more people get houses built and bulldoze is done.
THE TEMPORARY SPEAKER: Like you said Hon. Markham, that you had already agreed that it can be deferred to next week and the Minister is saying that you have to refer that question to the Hon. Minister of Local Government.
HON. MARKHAM: Mr. Speaker, can the Minister tell us that he does not have the Justice Uchena Report because if he answers that he might get himself into trouble?
THE TEMPORARY SPEAKER: Order Hon. Markham, we want to move forward with business.
Oral Answers to Question with Notice were suspended by THE TEMPORARY SPEAKER in terms of Standing Order Number 68.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the House adjourned at Seven Minutes past Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 7th March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
ANNOUNCEMENTS BY THE ACTING SPEAKER
PETITION RECEIVED FROM THE NATIONAL ASSOCIATION SOCIETY OF THE HANDCAPPED AND DEAF PEOPLE TRUST AND ORGANISATIONS OF PERSONS WITH DISABILITY IN ZIMBABWE AND THE GREATER HWANGE RESIDENTS TRUST
THE ACTING SPEAKER (HON. MUTOMBA): I have to inform the House that on Tuesday 28th February 2023, Parliament received a petition from the National Association Society of the Handicapped and Deaf People Trust and Organisations of Persons with Disability in Zimbabwe beseeching Parliament to exercise its legislative, representative and oversight functions and protect the rights of persons with disabilities in accordance with the spirit of the Constitution and the International Instrument to which Zimbabwe is part of. The petition has since been referred to the Portfolio Committee on Public Service, Labour and Social Welfare.
I also have to inform the House that on Tuesday, 28th February, 2023, Parliament received a petition from the Greater Hwange Residents Trust, beseeching Parliament to exercise its legislative authority through amending the Pneumoconiosis Act [Chapter 15:8] to ensure people in the vicinity of the coal mine industry receive medication and health checks up for the disease caused by coal dust. The petition has since been referred to the Portfolio Committee on Mines and Mining Development.
NON-ADVERSE REPORT RECEIVED FROM THE PARLIAMENTARY LEGAL COMMITTEE
THE ACTING SPEAKER: I have to inform the House that I have received a Non - Adverse report from the Parliamentary Legal Committee on Statutory Instruments Nos. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, published in the Gazette during the month of February 2023.
HON. MUSHORIWA: Thank you Mr. Speaker Sir. My point of National Interest is in response to the fact that 2 days ago, one of our popular musicians in this country Winky D’s show in Chitungwiza was disrupted by the police. A few hours after that, the show of another musician Baba Harare was also declined to be performed.
Mr. Speaker Sir, musicians are the cog of our arts industry and they do give entertainment to all of us, hence I am requesting that the Hon. Minister of Home Affairs should come before this august House with a Ministerial Statement to explain what the situation is pertaining to our musicians, whether there is now limitation or ban that musicians can no longer perform and do their work without fear from being harassed. Primarily, I say this because if you read the provision of MOPA, it does not require the sort of interference that we are actually seeing. So this is my request that can the Hon. Minister of Home Affairs come before this august House and explain the position because it is actually a stab on our arts industry which if you check from the Hon. Minister of Finance, has actually been generating some resources towards our gross domestic product. I thank you.
THE ACTING SPEAKER: Inasmuch as I have taken point of your national interest, may I remind you that tomorrow; Wednesday is the most appropriate day for you to pose that question. Maybe before you pose that request, ask a question to the Hon. Minister himself. I thank you.
HON. NDUNA: Thank you Hon. Speaker, my point of national interest borders around the dilapidated, deplorable, disused state of our roads due to the vagrants of the weather and the incessant rainfall that has pelted our community. Would it please the Hon. Speaker to request the Hon. Minister of Transport and Infrastructural Development to come and give this House comfort in-tandem with ERRP 1 to 4 in so far as it relates to the rehabilitation, reconstruction, the maintenance, re-gravelling, rejuvenation and re-sealing of these roads. In particular, seeing that we have a lot of private individuals out there who are able to rehabilitate and reconstruct these roads at the expense shouldered by the miners, farmers, local authorities and to a limited extent, the Ministry of Transport. Therefore, also recoup their monies or get their payment in the future from these entities that I have spoken about. Would it please the Hon. Speaker to request that the Hon. Minister comes and gives us guideline on policy as it relates to private individuals rehabilitating these roads and putting carriageway markings and maintaining them for the good order of the citizens of Zimbabwe and also recoup their payment after they have rehabilitated. I thank you.
*HON. DUTIRO: Thank you Hon. Speaker. I stand up here to raise an issue of national importance with regards to deregistered vehicles by ZINARA. Those vehicles are no longer allowed to use the roads because they are unable to be registered. If we look at this, ZINARA does not even know how many vehicles are in this country or even know any vehicles that have not renewed their licences. So those vehicles can no longer pay licence fees. If I were to sell a vehicle, I also pay tax on top of that vehicle. So there are several reasons why people are failing to register their vehicles. The Hon. Minister of Transport and Minister of Finance should come to this House to explain to us why they are de-registering vehicles. What are they doing to assist people to be able to register vehicles? I thank you.
THE ACTING SPEAKER: I got a lot on your point of national interest. May I also advise you that tomorrow being a Wednesday, may you take advantage to pose a question to the Minister of Transport and Infrastructural Development so that he can give you a clear answer. Maybe on that one, this is where you could raise a request for him to make a Ministerial Statement.
(v)HON. MASENDA: Thank you very much Hon. Speaker. My point of national interest is on the fact that the 2023 tobacco selling season is commencing on 8th March at the auction floor and there is nothing much for the contract sellers. My concern is that I am reliably informed that the price of tobacco has not changed from what it was in 2022 and what it was for the last two decades…
THE ACTING SPEAKER: My you lower your voices Hon. Members. Hon. Member on my left, I cannot hear what the Hon. Member is saying. Go ahead Hon. Masenda.
(v)HON. MASENDA: My concern is that when farmers are come to the market, they incur huge losses arising from the fact that all inputs that they used have gone up. Fertiliser has gone up; labour has gone up, water for those who use irrigation has gone up, electricity has gone up, I can name everything that has gone up except for the price at which farmers are going to sell the tobacco which has remained static over two decades. I therefore urge that TIMB as the regulating authority intervenes to ensure that tobacco farmers are rewarded adequately for the effort and loss which they incur in the production of tobacco in order for Zimbabwe to get the much needed foreign currency. I also want the Minister of Agriculture to at least re-visit prices in terms of the production of tobacco for it to be sustainable for farmers.
THE ACTING SPEAKER: I also appeal to you Hon. Member that tomorrow is a very good day for you, ask face to face with the Minister. My concern with your point of national interest is what you have actually alleged as ‘reliable source’. You actually confirmed that the auction floors are opening tomorrow, how reliable is this source that you are talking about? There is nothing that has gone on sale yet; how is it that you get to know on the price? Maybe you need to rephrase your question for tomorrow so much that you can ask a relevant and pertinent question for the Minister to answer you. Thank you very much Hon. Masenda.
HON. MADZIMURE: Mr. Speaker, on 18th February, 2023, the Government announced that it was going to enact a Statutory Instrument to enable EMA to sub-contract private players to collect refuse. The reason advanced by Government was that refuse collection situation was bad. The proposed arrangement is that EMA will contract private companies to collect refuse and EMA would then bill the City of Harare for those services.
EMA is a statutory body which is responsible for ensuring the sustainable management of the environment and making laws to that effect. The role of the Ministry of Local Government is to make sure that local authorities have their share of the devolution funds and also facilitating the local authorities to be able to fund themselves, to be able to equip themselves. So the situation we now have is that EMA which has no mandate to collect refuse in Harare is going to do so. It is going to contract private players without the involvement of the City of Harare but at the end of the day, EMA would then want the City of Harare to assume the responsibility of paying private players whom they have got no contract with.
This is also against the Public Finance Management Act. So we would want the Minister of Local Government to come and explain why they have not capacitated the City of Harare to a level where it can have its compactors, graders, front-end loaders to remove the garbage because the arrangement is going to cost the City of Harare and the residents will not be part of that contract. So there will be a dispute between the residents and the Local Government authorities and even EMA itself. EMA cannot have its cake and eat it. It has the responsibility of making sure that the refuse is collected and all the laws are observed. Where it thinks a new law has to be introduced, EMA has that responsibility. So I would beg you Mr. Speaker that the Minister of Local Government comes to this House with a Ministerial Statement explaining to this House why he would want a Statutory Instrument to collect refuse in Harare.
MOTION
RATIFICATION OF THE LOAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE AND THE OPEC FUND
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): I move the motion standing in my name;
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 organisations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;
AND WHERAES, a loan Agreement between Government of the Republic of Zimbabwe and OPEC Fund of US$15
million for part financing of the Smallholder Agriculture Cluster Project to be implemented in Mashonaland Central, Mashonaland East, Mashonaland West, Midlands and Matabeleland North; and
NOW THEREFORE, in terms of section 327(3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved.
Mr. Speaker Sir, the NDS1 running 2021 to 2030 prioritises the recovery of the agricultural sector which is key to the country’s economic growth. The Government of Zimbabwe and OPEC Fund for International Development (OFID) signed a loan agreement of US$15 000 on 12 July 2022 for part financing of the small holder agriculture cluster project. The loan has a tenure of 20 years inclusive of a five year grace period and will attract a service charge of 1% per annum.
The Smallholder Agriculture Cluster Project is targeted at increasing agricultural production, productivity, especially by smallholder farmers, which enhances food and nutrition security, income, increase opportunities for value addition and the development of agro-business value chains.
The smallholder agriculture cluster project
Mr. Speaker Sir, the project shall benefit poor smallholder farmers participating in value chains selected through a stakeholder consultative process and calls for expression of interest to value chain led enterprises. The project will be implemented in the following five out of the 10 provinces – Mashonaland Central, Mashonaland East, Mashonaland West, Midlands and Matabeleland North.
The project’s goal is to realise increased household incomes and improved nutrition through sustainable transformation of the smallholder farming sector while the development objective is to increase equitable smallholder participation in market-oriented and climate smart value chains.
The smallholder programme will transform smallholder agriculture and increase productivity and rural incomes by adopting effective production and marketing strategies including organising targeted wards into clusters to allow for effective aggregation and economies of scale in smallholder based value chain development. It also allows for the establishment of coercive agriculture producer groups and associations. It also allows for connecting small holder farmers to profitable value chains, markets and financial services. It also allows for the developing of small holder capacity in climate production systems, marketing and business skills and also the revitalisation of production and market access infrastructure.
Additionally, the SACP is designed to support efforts to create a conducive policy and institutional environment for private sector led small holder agriculture transformation. The project will achieve through the implementation of the following components;
- Inclusive value chain development.
- Climate proofed value chain infrastructure.
- Policy and institutional support and project coordination.
Project financing and loan repayment
To support the programme, Government negotiated and signed a US$15 million loan with OPEC Fund on 12th January, 2022 for part financing of the small holder agriculture cluster project.
The loan will be utilised for transformation of the smallholder farming sector through value chain investments by smallholders and agri-businesses. Commercialisaton of smallholder agriculture in key urban and rural agricultural production and food trading corridors as well as infrastructure development which includes climate proofed irrigation systems, rehabilitation of feeder roads and multipurpose community water supply and the creation of a conducive policy and institutional environment for smallholder agriculture transformation.
Loan terms
As I have already alluded to, the loan amount is US$15 million and the purpose is to finance smallholder farmers’ participation in value chains in order to increase household incomes and improve nutrition through a sustainable transformation of the small holder farmer sector.
The project will be implemented, as I have already alluded to, in Mashonaland East, Mashonaland Central, Mashonaland West, Midlands and Matabeleland North and the conditions precedent. The loan should be ratified by Parliament, the interest is 1%, the commitment is 0.5% per annum and the tenure as already mentioned is 20 years, the grace period is 5 years and on repayment modalities, repayment of principal and interest shall be made from the budget. The repayment frequency – principal and interest payments shall be made twice a year on 15 May and 15 November of each year, which means it is going to be 30 semi-annual installments.
The expected benefits of the projects
Agriculture is one of the key pillars for Zimbabwe and the support for smallholder farming will go a long way in achieving the thrust of the NDS1 of food security. The implementation of the project will result in the following benefits;
- Improved access to water and road networks in the targeted areas through infrastructure development.
- Employment opportunities to 15 240 non-members of agriculture producer groups and 13 000 agriculture producer group members.
- Provision of technical services to the agriculture producer groups and agribusinesses for upgraded production capacity and integration into the value chains;
- Promotion of the participation of women-led micro enterprises and value chain agribusinesses; and
- Facilitation of access to financial services for APGs and agri-businesses.
Project Implementation
The Ministry of Lands, Agriculture, Fisheries, Water and Rural Development will be the executing agent for the implementation of the project. In order to ensure smooth implementation of the project, a Project Management Unit (PMU)( has been established under the Ministry to oversee day to day operations of the project.
The project was earmarked to commence in 2022 and will be implemented over a period of five years. Mr. Speaker, I therefore, commend the OPEC Fund Loan Agreement for the Smallholder Agriculture Cluster Project in the sum of US$15 million for the approval of this august House.
HON. NDUNA: Thank you Mr. Speaker Sir. I just want to add my voice to the motion moved by the Hon. Minister of Finance through his Deputy Minister Hon. Chiduwa. I applaud the tenure of the loan which is 20 years and the grace period which is five years. I have got ten reasons that a loan of such magnitude and of such pittance interest percentage can motivate farming and can be used as an antidote, as a panacea to lack of use of our land. The buying of equipment is one of them, so recapitalisation of equipment on the farming areas that the Hon. Minister has alluded to is applaudable.
The second issue is the purchase of supplies, this is one other way that we can utilise this loan for; for the very reason Mr. Speaker Sir, because of that minute interest. According to Section72 (7)(c), we do not have land cost, we have taken our land and there is no need to capitalise the land cost. We can also refinance all the loans that we had before using this one which has minute interest so that falls on the false issue that we could use this loan for.
Mr. Speaker Sir, on the issues of the product marketing campaigns and also advertising, we can use this loan for that because we have a five-year grace period and also making improvements on the land and rehabilitation of that land. These are smallholder farming entities in order to rejuvenate them and make sure that we do not only get subsistence out of them but also humongous economic benefit. Mr. Speaker, Sir, investing in growth is one other issue and it falls on the seven ways of utilising this money because it comes at a very low cost.
Mr. Speaker Sir, we can also weather the storm using the same money that the Hon. Minister has spoken about. Also the issue of covering operating cost falls on number 9. Lastly, let me talk of rebuilding effect to the land after the natural disasters. These are called acts of God, the issues of El Ninos, the issues of the vagaries of the weather but here is an opportunity to rehabilitate that land using this money so that we have an opportunity to actually turn subsistence into those economic global and local benefit. Not only just for those smallholder farmers, but also for the nation so that we use that as a pedestal and platform for the good of Agenda 2030. I thank you for giving me this opportunity.
HON. BITI: Mr. Speaker Sir, Zimbabwe is a sovereign country that has been independent for 43 years and our GDP is around US$18 billion. For us Mr. Speaker, to sit in this House seeking to ratify a loan of US$15 million, there is something wrong. We are failing somewhere. US$15 million is not even a loan that can be borrowed by Econet, Delta Corporation, LaFarge Cement, Old Mutual, the top listed companies, the blue chip companies of this country; they do not borrow US$15 million. It is petty cash. Small SMEs that want to develop will borrow US$15 million but we are a country. How can we borrow US$15 million? It is an embarrassment; it is absolutely ridiculous that we can borrow US$15 million as a sovereign republic.
Mr. Speaker, let us deal with the fundamental issues that make us borrow US$15 million from this Arab Bank. Let us deal with the fundamental challenges in our economy that reduces us to the embarrassment of our esteemed Minister of Finance, a whole Professor signing a loan agreement of that amount. If it was for him, his business and his bank we would say fine but not for the Republic of Zimbabwe. Mr. Speaker Sir, let us deal with those challenges.
Mr. Speaker, in 1980, the GDP of Zimbabwe was US$7 billion, in 1980 the GDP of Kenya was US$7 billion, in 1980 the GDP of Zambia was around US$3.86 billion. Fast forward, 2023, the GDP of Kenya Mr. Speaker Sir is now US$264 billion, the GDP of Zambia US$64 billion and we are stuck around US$18 billion. Why do we have this developmental deficit; why do we have this growth deficit? Those are the issues that we need to address. I addressed some of them last week when you were sitting on the Chair. We are not united, we do not have a common vision. We pursue politics of exclusion, politics of intolerance and that is the challenge. We beat each other up, we prevent each other from having rallies and meetings, our politics is ugly, that is what we need to address.
Therefore, we have no problem with this loan, the problem we have is we cannot be reduced to such levels of ridiculousness that a sovereign republic, a whole county with a flag and a national anthem can borrow $15 million – that is the challenge we have.
Mr. Speaker Sir, there is also a compliance issue, when the Minister borrows, he must make sure that he synchronises that debt with the rest of the Constitution and the rest of the law. We have a debt cap spelt in Section 11 of the Public Debt Management Act Number 4 of 2015. Section 11 says that the aggregate debt to be borrowed, any loan to be borrowed must be such that it does not increase the national debt to be over 70% of Gross Domestic Product. So the Minister must then come when such a loan agreement is before this august House for ratification - he must show the impact on the borrowing limit in Section 11 of the Public Debt Management Act. So he must show it does not impact on the ratios.
At the present moment, our debt ratio is already 112% of GDP. We are already over by 50%. For Parliament to have a proper debate, the Minister must show that this loan does not infringe Section 11 of the Public Debt Management Act. He must show that the USD15 million does not push the aggregate limit imposed by this Parliament of 70%. In my submission, we are already on 112%. So, the honor is on him to show that this debt fits in with the debt limits prescribed by the Public Debt Management Act. This is so because we are already saddled with unsustainable sovereign debt.
Only last week, we had high powered structured debt meeting in Zimbabwe led by President Chisano of Mozambique, Cde Adesina of the African Development Bank (AFDB), so, the Minister must show the impact of this debt on that process. The only way he can show is how it impacts on the aggregate debt limit spelt out in Section 11 of the Public Debt Management Act.
Therefore, in the absence of those aggregate figures, I submit that this debate is premature but in principle, we have no problem with this loan. We support our farmers, I am a farmer myself, we support this but let us comply with the law and most importantly, let us not be reduced to a begging nation. We used to be a breadbasket, reduced to a begging basket, it is not good enough. I thank you.
HON. MUSHORIWA: Thank you Mr. Speaker Sir. Firstly, I need to re-state what Hon. Biti has said, USD15m loan is not a figure that as a country we should be borrowing.
Primarily, as a nation, we are a country that has got the capacity to generate sufficient resources to finance our farmers. If you look at the presentation by the Hon. Minister, he advised this august House that the intention of borrowing USD15 million was to support the poor farmers in the five provinces that he has mentioned. The only provinces that were excluded is Manicaland, Masvingo, Matabeleland South, the south axis was removed from benefiting from this scheme.
However, if you do a mathematical analysis of the quantum, the USD15 million, if you look on the five provinces, you want to say possibly we have got a minimum of 3 million of poor farmers in those five provinces. So, if you divide 3 million into 15 million, it means each farmer is likely to get USD5. This is the reason why we are simply saying this amount of money is too little.
Worse still, the Hon. Minister here was telling us that they have actually set some committees within the Ministry to run this project. You cannot, with all due respect, create several committees to just oversee this small amount.
I have real challenges and real problems in the manner in which the Government is financing agriculture. You know Mr. Speaker Sir, that in this august House, the same Hon. Minister brought a Financial Adjustment Bill of more than USD10 billion and that Bill lapsed; they never brought it back to Parliament. Not only that, they also brought another Bill, ZWL160 billion and then it lapsed. Then Mr. Speaker Sir, how do you run the country when Treasury itself cannot follow the Constitution or follow the prescription of the Public Finance Management principles as enshrined in Chapter 17 of the Constitution or even the Public Finance Management Act.
Mr. Speaker Sir, we know that there is Pfumvudza, the Presidential Scheme but if you check the manner in which all those schemes are being run, it leaves a lot to be desired. You know that even the provision of inputs to those beneficiaries of Pfumvudza, some of them got Compound D fertilizer very late, some are now receiving the top as we are speaking. The method that we are using in terms of financing agriculture does not take this country forward and this is the reason that I find it so difficult that the Hon. Minister and I can understand why the Hon. Minister, when he started his presentation, he appeared hesitant, he was not that confident. I think it speaks to the quantum of the amount but more importantly, I think we are not doing sufficient when it comes to our agricultural sector, the financing model. I just pray, because this is USD15 million, it may not look huge and one would actually be forgiven to simply say let us just let it pass but the question that Hon. Biti raised, you need to read this figure in conjunction with the debt position of Zimbabwe. We are over indebted and I think the Hon. Minister understands that and we cannot continue as a country to borrow. It does not matter whether we borrow a small quantum.
Lastly in this loan amount, there is no provision for the Hon. Minister to then come and I think we need to have an undertaking that we need to have probably a yearly report for the next three years, on the performance of this loan. We are not just interested in terms of then repayment bi-annually as he was saying on 15 May and 15 August or November, we are also interested to then say, if you had borrowed the 15 million and you have said that you want to utilise this money for this project. We need an annual performance appraisal so that at least we see whether there is real basis of continuously getting these loans. I thank you.
HON. MADZIMURE: Thank you Mr. Speaker. I am happy that the Minister responsible for monitoring and evaluation is here, mukoma vangu. I want to understand the relationship that exists between those who will be administering the loan and those who are responsible for monitoring and evaluating the performance of Government projects. What lacks Mr. Speaker is an understanding that for any loan to perform, it must be anchored on research and you actually have evidence that this is precisely what you want the loan to do.
Mr. Speaker, unless you have roughly those targeted people in those five provinces and how they are living today; you will not be able to measure the performance or the impact that the USD15million is going to make. If you know the targeted population, you would then know that the USD15milion is too little for it to impact on the living standards of those people.
So Mr. Speaker, when we borrow, like in any business, you must borrow for a specific reason and within the shortest period of time you must be able to start observing some changes in the lives of the people whom you intended to help. So Mr. Speaker, we can celebrate that we now have a loan or money available but because of the quantum of the loan, it makes it so easy for the loan to do almost nothing. The Ministry of Finance and Economic Development must be in the habit of continuously coming back to this House and report on the performance of these loans. The loans may appear to be affordable in terms of repayment but they can only be affordable if we have specific targets or key result areas of their performance.
In most cases, people eventually completely forget about this loan until it is time to repay. The loan comes and we start paying without any reference to the performance of the loan. So Mr. Speaker, I would want the Hon. Minister to assure this House that his office will continuously return to the same House that authorised the borrowing to report on progress as far as the performance of the loan is concerned and to have evidence of people who will say, ‘this is the programme that transformed our lives.’ I thank you.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Mr. Speaker Sir. The submission by Hon. Nduna; he applauded the position taken by the Government to secure the loan from the OPEC Fund for International Development (OFID) to support our small holder farmers. I think this is very critical for us as a country.
Why? Because if you check our NDS1, one of the critical pillars is the pillar on food and nutrition security and on growth and stability again; this is also going to add to our GDP. So I think the submission by Hon. Nduna is well taken and aids our realisation of NDS1 and Vision 2030.
Then the submission by Hon. Biti, he is saying our country has got a GDP of around USD18 billion and surely we should not borrow such a small amount. I think what I would want to bring to the attention of Hon. Members; which as a country we should not take for granted, I know the moment we mention the issue of sanctions, people think this is a small issue. The country is under sanctions and we have limitations in terms of what we can do as a country. The Hon. Member mentioned that we are burdened; we have a hamstrung that is over us because of our arrears and level of debt that is around USD17.6 billion and with that, we are also struggling to service that debt as a country.
So the issue of the USD15million, we need not to take it in isolation. If Hon. Members recall, last year I came to this august House with a similar request for a ratification of the loan agreement between the Government of Zimbabwe and the International Fund for Agricultural Development (IFAD). The IFAD is around USD35.7million and the USD15million. So, the IFAD and OFID are co-financing. Then we have a contribution that is coming from the Government of Zimbabwe, the private sector and farmers; if we take everything in totality, it would be around USD67million but we also need to take into account that the loan is not going to individual farmers.
I said that this is a Smallholder Agriculture Cluster Programme (SACP) where we are taking farmers, bring them together as a cluster and then develop them around an irrigation scheme. This, I think we also need to take note that we are not targeting individual farmers but these are clusters. So if we take the IFAD and the OFID, the USD35.7million that was ratified by Parliament last year, bring in the USD15million then I think this is where we can again comment on whether it is too small or not. I think for us as a country that is under sanctions, USD15million is not a small figure and we need it as long as it is going to develop our farmers.
Then the other issue is on the need for us to be compliant. This is very critical, which is coming from the Hon. Member. Again, I bring the same issues where he says, why are we in the situation that we are in? The Hon. Member mentioned something very critical to say, we need to work together as a nation. I think the situation that we are in, part of it is because at some point we were not working together as a nation. I think if we continue working together as a nation, this is going to assist us. This loan is very important to us. I would implore Parliament to ratify it also because Parliament ratified the other component of USD35.7 million. So, there is co-financing. The moment the other 15 million is not ratified, then it means the other 35.7 million will then fall off. I think it will be a dis-service for Parliament not to support our small holder farmers.
Hon. Mushoriwa raised more or less same points as presented by Hon. Biti to say we have got the capacity to borrow but why is it that we are borrowing such small amounts. I think I have mentioned to say our issue is, we are hamstrung with sanctions and we are also developing our capacity as a country that is under sanctions. He mentioned that why is it that the loan agreement is just covering five provinces – it is not like that. If you check, Parliament again ratified a loan agreement under OFID and Small Holder Irrigation Revitalisation Programme (SIRP) – that loan agreement covered Matabeleland South, Masvingo, Midlands and Manicaland. Now, we are also saying given that Parliament is going to ratify this one; it means we are then going to cover all the provinces but the SIRP covered the other provinces where Hon. Mushoriwa said we seem to be excluding them - so all the provinces are covered.
Why are we having committees – if you check the provisions of the loan agreements, it is a requirement that we should have committees. We were trying to be compliant to the conditions as set by OFID and IFAD.
The Hon. Member also mentioned the issue of late disbursements especially on inputs. This may not relate directly to the ratification but I would want to mention that on late disbursement; it is the disturbance that happened in the fertiliser supply chains. We had to import some of the components of the fertiliser that we are using here in Zimbabwe; because of the war that is in Russia and Ukraine, this is also what can be attributed to the slow supply chain movement. The other issue is for us to be able to balance our cash flows. We have mentioned that as Government we are running a cash budget and we only release funds on condition that those funds are there. When they are not there, there is nothing that we can do. It is a combination of all that. I think the Hon. Member understands that. The system does not take the country forward.
At the moment, following our Vision 2030, we have said we want our economy to be private sector led and one issue that we are grappled with, with regards to the financing model for agriculture is to ensure that we cloud in private sector investment. It is true that we may not have a sustainable system where the Government will continue to pay for grain and all that. We have said going forward; we would want the private sector to be part of the whole supply chain process. We continue to improve on the funding models and we continue to look at it. I am sure as stakeholders; we will continue to also take into account your submissions.
The Hon. Member also said that there is need for the Ministry of Finance together with the Ministry of Lands to come and report on the performance of the loan agreement from time to time. I think this is fairly in order. You are playing the oversight role and it is fairly in order for Ministry of Finance to come to the august House to report on the performance, not only of this loan but other loans as well.
Hon. Madzimure linked the presence of the Hon. Minister who is responsible for monitoring and evaluation to say to what extend do you monitor the administration of these loans. I do not know Hon. Speaker if you are going to give the Hon. Minister a chance to also explain himself as asked by Hon. Madzimure. The loan is too small. For now the loan of US$15 million for us is not too small – it is a very significant amount which I think is going to make a difference to our farmers and people who are living in the rural communities. I think it is important for the Hon. Members to look at the targeting which has been done. We were informed by the ZIMVAC report. This report gives us the poverty map to say these are the areas that are vulnerable and there is need for us to come up with targeted programmes and this is what we are doing as Treasury and as Government. I think this loan is going to make a difference.
As I have said, there is need for us to know that there is co-financing. The US$15 million is part of the US$35.7 million which was ratified by Parliament last year. We can only move forward if the missing component which is the US$15 million being offered by OFID has been ratified by Parliament.
Hon. Speaker Sir, I now move that this agreement be approved.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. T. MOYO: I move that Orders of the Day, Numbers 2 to 5 on the Order Paper be stood over until Order of the Day, Number 6 has been disposed of.
HON. L. SIBANDA: I second.
Motion put and agreed to.
COMMITTEE STAGE
INSURANCE AND PENSIONS COMMISSION AMENDMENT BILL [H. B. 6, 2021]
THE ACTING SPEAKER: Hon. Members, it would appear Mr. Speaker is all by himself. We do not have anybody who can take the chairmanship position. I am sorry. We can defer it until such time we will be two of us in the House or maybe it will be deferred until tomorrow.
HON. NDUNA: I move that Committee Stage be deferred to tomorrow.
HON. L. SIBANDA: I second.
Motion put and agreed to.
Committee to resume: Wednesday, 8th March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: Mr. Speaker Sir, I move that Orders of the Day, Numbers 7 to 23 on today’s Order Paper be stood over until Order of the Day, Number 24 has been disposed of.
HON. L. SIBANDA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE BILATERAL VISIT TO INDIA
Twenty-Fourth Order read: Adjourned debate on motion on the Delegation of the Bilateral Visit to India from 5th to 12th December, 2022.
Question again proposed.
HON. SHAMU: Mr. Speaker Sir, I rise to thank all the Hon. Members who contributed to this very important motion. May I also take this opportunity Mr. Speaker Sir, to thank the Department of ICT of Parliament for having been able to show the interview of the Hon. Speaker when he was in India. On that note, Mr. Speaker Sir, I do move that the motion be now adopted:
Motion that this House takes note of the Delegation Report of the Bilateral Visit to India led by Hon. Advocate Jacob Francis Nzwidamilimo Mudenda, Speaker of Parliament from 5th to 12th December, 2022 put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. NDUNA: Mr. Speaker Sir, I move that we revert to Order of the Day, Number 23.
HON. L. SIBANDA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON NON-COMPLIANCE TO THE SUBMISSION OF FINANCIAL STATEMENTS TO THE AUDITOR-GENERAL
Twenty-Third Order read: Adjourned debate on motion on the Report of the Public Accounts Committee on non-compliance with regards to the submission of financial statements to the Auditor-General by some Local Authorities.
Question again proposed.
HON. NDUNA: Thank you Mr. Speaker Sir. On the face of this report, it looks very innocent but deep inside, deep down, it is mired in a lot of controversy and a lot of town clerks and heads of departments in the local authorities are taking advantage of non-submission of their financials to the Auditor General’s Office to avert and avoid scrutiny. Having seen that, the 2019 Auditor-General’s Report, your sub-committee on Local Government, Public Accounts sought to understand how they could treat this matter once and for good.
Mr. Speaker Sir, the non-submission of financials to the Auditor-General’s Report speaks to the heart, the pith, the core of delinquent behaviour and the Criminal Law Codification and Reform Act is not silent about such behaviour. If at all, it does chastise such delinquent behaviour and there are a plethora of sections that are dotted around Sections 134 up to Section 176 of the Criminal Law Codification and Reform Act. Some of those sections speak to the heart of such behaviour which is criminal abuse of office.
Mr. Speaker Sir, if you hide these financials and you do not bring them out for audit, on the face of it, it looks very innocent, as though somebody is delayed in their workmanship but deep down inside, there is a lot of delinquent behaviour that speaks to naivety, arrogance and a lot of inconsistencies that is in the local authorities, that is championed by these town clerks and these officials The import or the extent of it is that there is financial haemorrhage that is bound to occur. For instance, 2019, about 59 local authorities did not submit financials for audit. Fast forward, 2020, there is about 69 and 2021, there are 78. It means Mr. Speaker Sir, as long as we do not crack the whip as the Committee and as Parliament, there is bound to be no support for the Auditor-General, who is an ex-officio member according to the Constitution. Her mandate is derived from Section 309 and Section 310. It speaks and talks to the appointing authority. His Excellency has appointed her to make sure that she cleans out the behaviour in the local authorities. So non-submission should be treated as criminal abuse of office. These people should be suspended from work, they should exit those places of placement not through natural attrition but via Chikurubi en route to their homes Mr. Speaker Sir. If they have farms, they should be taken away from them because these people want to plunder the resources of this nation through non-submission of these financials for audit by the Auditor-General. I have stood to support the issues and recommendations by the Committee in order that we bring this conduct to a screeching halt. Having said that, this report was for 2019 and we have since received the 2020 Auditor-General’s Report and 2021 Report on Local Authorities. I call Mr. Speaker Sir, if it pleases you, to wind up this report and request that it be adopted according to how it was presented. I thank you.
HON. MPARIWA: Hon. Speaker Sir, let me begin by thanking the Chairperson of the Committee for tabling this very important report in this august House and all the Members that have spoken to the report. Hon. Speaker, you will note that it is not the first report but I think many Public Accounts Reports have been tabled in this august House. My worry is that there is lack of implementation in terms of the recommendations. I hope and trust that since this report put emphasis on operations and service delivery, that we will be able to see some kind of implementation and some changes in the way the recommendations have been shared within the ministry. I hope and trust that will also improve in terms of the style and work and approach in the local authorities. Hon. Speaker Sir, when you talk local authorities you are talking about people and focusing on service delivery and I only hope that the responsible Ministry will be able to monitor the implementation in terms of those local authorities that have been mentioned in this report. I think he has to move it procedurally so I can second the adoption of the report. I thank you.
THE ACTING SPEAKER: Thank you very much Hon. Mpariwa. Unfortunately, I cannot break the procedure. It must be the mover of the motion who should move for adoption. However, we still have other Hon. Members on virtual who would want to debate.
(v) HON. NYOKANHETE: [Part of Speech not recorded due to Technical Fault] - Otherwise they viewed the reasons why these local authorities are just failing to do what is normal, to submit the financial reports. I have realised that these local authorities which are failing are just doing it and they continue to do it because it seems there are no stiff penalties which are charged to the accounting officers. This is now causing serious problems because they now act as if it is a normal thing. Non-submission of financial statements can have serious repercussions.
The first problem is fraud, which can happen and never be investigated. The fraudsters can even get to the point of resigning without this fraud being detected. So that is the problem we can encounter, especially when these accounting officers fail to submit the financial statements and also they can retire or die before any audit has been done. So it can work to their advantage but it can disadvantage the public and residents who are always contributing funds, especially to the councils. So I call for stiffer penalties to be meted on those accounting officers who are failing to submit the financial statements for auditing. This is a very serious offense.
Those who have submitted their financials but have some negative reports are doing something as compared to those accounting officers who are failing even to submit the financial statements. These are the greatest offenders who need to be dealt with and there is need for stiffer penalties, especially for those who fail to submit their financials. I am also an accountant by profession before I became a politician. Sometimes if you look closely, the unscrupulous accounting officers can hide financial statements so they need those stiff penalties to enforce submission of their financials. I thank you Hon. Speaker Sir.
HON. T. MOYO: I move that the debate do now adjourn.
HON. L. SIBANDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. T. MOYO: I move that we dispose of Order of the Day Number 26.
HON. L. SIBANDA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE ANALYSIS OF THE AUDITOR GENERAL’S 2020 REPORT OF THE HARARE CITY COUNCIL
Twenty Sixth Order read: Adjourned debate on motion on the Report of the Public Accounts Committee on the analysis of the Auditor General’s 2020 Report of the Harare City Council.
Question again proposed.
HON. T. MOYO: I move that the debate do now adjourn.
HON. L. SIBANDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. T. MOYO: I move that Orders of the Day, Numbers 2 to 11 be stood over, until Order of the Day Number 12 has been disposed of.
HON. L. SIBANDA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Twelfth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. MAKOPE: Thank you very much Mr. Speaker for giving me this opportunity to debate on the SONA. The President presented on the issue of the Pfumvudza inputs and I want to touch on that aspect. I want to applaud the Government’s efforts in the provision of agricultural inputs. Farmers for the Pfumvudza projects; at its inception, many farmers were very reluctant to join this programme as they could not believe that agriculture can be successful without ox-drawn ploughs. However, through the continued and determined lectures from the agricultural extension workers, many farmers are now in full swing, implementing Pfumvudza farming technology. I kindly request the concerned Ministry to avail seed in time such that our farmers can catch up with the season.
I also thank the Second Republic for a job well-done relating to the Harare–Beitbridge Road which cuts through Mwenezi East Constituency, the constituency that I represent. The road construction exercise has seen the employment of a number of local youths who have been unemployed for long. Within the constituency itself, the Ministry of Transport, through the Emergency Road Rehabilitation Programme has been tirelessly working on road rehabilitation that has seen a fairly improved road system. The Ministry of Transport is already working on the Rutenga–Zvishavane Road. This road will accentuate development in my constituency owing to the reduction of the distance for transportation of platinum and other goods from Midlands as this will shorten the road linking the Midlands and the Harare–Beitbridge Road.
However, there is Mapi–Neshuro Road, commonly known as Tempee, which is a core-link road from Mwenezi District Growth Point which is Neshuro. It is just 12 km from Beitbridge Highway and this road is crucial since it links the highway to the district hospital at Neshuro Growth Point. This is a district hub which has a number of essential service offices for the district. If this road is worked on, even with low cost surfacing, this will forever remain on the hearts of the people of Mwenezi. They will be forever grateful for such a stride from which Government of the people can assist. Hon. Speaker, I want to say the Mapi Road can also be among those emotional projects in our country. The people of Mwenezi have been expecting a lot from our Government to look at that road seriously.
We also appeal to our esteemed Government to rehabilitate or resuscitate the passenger train. We used to have our Bulawayo to Chiredzi passenger train. That train used to connect all the centres from Garare, Sarahowe and Rutenga up to Chiredzi, assisting our people in the constituency. I think the Government can look into that and resuscitate those services to our people. I also want to appeal to our Government to introduce the ZUPCO buses into the rural communities.
Mwenezi wants to commend Government for the erection of Tugwi-Murkosi Dam, one of the largest inland water bodies in Zimbabwe. The 2014 Tugwi-Murkosi national disaster which displaced thousands of people significantly increased the number of people in Ward 13 under Mwenezi East Constituency. This dam has affected the macro-economic conditions of Mwenezi and has seen an improved pattern of the precipitation received. This dam saw relocation of 30 040 households from Chivi to Chingwizi, which is Mwenezi although as of now the number of households has risen to 30 060. This has seen an increase in population numbers for Mwenezi East Constituency and has increased the strain on the available social services and amenities. Hon. Speaker, I want to make it clear that if these issues are addressed then the people of Mwenezi will embrace any future infrastructural development programme knowing Government definitely takes care of its own.
As a constituency, we visited Bubi-Lupane irrigation scheme in Matabeleland North, where Vision 2030 accelerator model type of agriculture is being implemented and has improved the conditions of the people of Lupane. We also learnt a lot as it was a look and learn visit of the people of Mwenezi. We also appeal to our Government to address the relocation of the people of Mwenezi or the irrigation schemes in Mwenezi, looking at that particular model we have seen in Bubi-Lupane.
At the moment we want to appreciate what is being done by the Ministry of Lands. They are already on the ground re-organising the people of Chingwizi but my appeal is to expedite the process so that our people can erect permanent structures in Chingwizi. The people of Mwenezi always thank the Government for the indigenisation policy, which saw the Land Distribution Programme; Mwenezi is one of the beneficiaries of this exercise. A lot of agricultural activities are taking place in these resettlement areas. However, there are still a lot of things that Government need to take care of.
We want to thank Government because through the devolution funds, a clinic is being erected at Petronella, one of the resettlement areas. Classroom blocks have been built in most of the resettlement areas from the devolutions funds but there is still need for the official registration of the schools as many are still recognised as satellite schools, 22 years after their establishment. If they are officially registered, it will be a positive spin-off that they can manage their affairs independent of their mother schools and increase the pace for development. This will go a long way in ensuring that this need is catered for. The bureaucracy in re-pegging and registration of schools should be reduced such that these satellite schools can be pegged and assist the people in resettlement areas.
We also have the Ministry of Women’s Affairs which has been very instrumental in its mandate for women empowerment, in conjunction with its sister ministries, the Ministry of Small and Medium Enterprises and Ministry of Youth. This has seen a number of women venturing into businesses and there has been a marked reduction in domestic violence cases. Various programmes have been launched through the initiatives of the First Lady, Dr. Auxillia Mnangagwa. Women have been trained in making detergents, cakes and tailoring. Government also, through the Women’s bank has provided a platform for the disbursement of financial loans to women.
However, there is a concern among the beneficiaries that the loans would work better if they are in hard cash and not local currency since most suppliers opt for the hard cash. The other issue is that the loans seem to be long in their processing and this frustrates the beneficiaries. Mwenezi Rural District Council joined hands with the Ministry of Women’s Affairs and made arrangement for about 400 women to sell their wares, which is a very positive development in the Government’s women empowerment programme in Rutenga.
Mr. Speaker Sir, employment prospects have been diminished due to the closure of mines in Zvishavane and Chiredzi. Residents in this community have instead turned to small scale and artisanal mining in Mwenezi. Mwenezi has been mainly alluvial but there are reports of mineral reserves and it is our wish as a constituency to have these reserves prospected and made open for artisanal miners. This is instrumental in nipping in the bud the problem of employment that has seen the greater chunk of our economic activity group migrating to neighbouring South Africa, Namibia and Botswana to look for menial jobs. Youth capacity building is pre-requisite to ensure that we retain the skilled experts of our constituents. All interventions by Government and its partners should be in consultation with the youth so that they will partake in projects.
Mwenezi East wants to applaud Government for adhering to its funding principle of placing emphasis on innovation to achieve rural industrialisation. The Marula Processing Plant situated at Rutenga Growth Point, the first of its own kind, spearheaded by the National Bio-tech Authority and Masvingo Poly-Technical College, is a testimony that Government is committed to economic development. It was commissioned by His Excellency in 2021. This has seen transformation of people’s lives. It also made Rutenga a potential industrial hub, which would see an agglomeration of other industries, most conveniently since Government approved the dry port concept. The plant created employment for youths. They employed around 230 youths. The community was collecting the marula fruits and selling it to the plant at USD5 per 50 kg of the premium quality of the fruit.
Wards 13, 14 and 18 were the major suppliers of marula fruit since this project’s inception. This has improved the lives of families and also provided them with foreign currency since payment of the fruit was pegged at USD per 50 kg. Plans are underway to expand the project with 100 hectares of land already identified. This project has a potential of turning Mwenezi East into one of the producers of finest liquor in Zimbabwe and even beyond borders. It is endowed with indigenous trees, mupfura from where the marula fruits are derived. The tree is ubiquitous in the whole of Mwenezi and the potential benefits for every family are huge. There is need though for the transportation matrix of the mapfura/marula to be sorted out for every benefit. The indigenous knowledge system of Mwenezi is now being used for financial benefit, a huge concept for the new curriculum.
Mr. Speaker Sir, owing to low rainfall amounts in Mwenezi East has serious water woes. Since my inception as a Member of Parliament in 2022, we have managed to facilitate rehabilitation of 24 boreholes. Three drilled boreholes catered for communities with serious water problems. We also thank the Government for the provision of CDF since we managed to rehabilitate Machena Dam in Ward 13. Government could also facilitate the drilling of more boreholes. This will improve the livelihood of communities because water is important for domestic use in agriculture.
Mr. Speaker Sir, it is also very plausible for me to mention the need for a viable communication network. Most of the areas have poor network, henceforth, I make the call for the need to erect more network boosters to ensure that every corner is covered. There are health facilities in schools with no reliable cellphone network which is very dangerous considering the importance of these facilities in this day and age.
Under the health sector Mr. Speaker Sir, my constituency has a fair number of clinics although there is need for more to serve some communities who walk long distances to seek health services. It is necessary to have clinics in Ward 5 at Sarahuru, Ward 4 at Pambe and Ward 13 at Ponora, Mufula, Pambe and Murowa. Currently, Mwenezi East Constituency is serviced by nine clinics which are Neshuro, Dine and others. We have Neshuro Hospital and Matibi Hospital.
Neshuro district is the hub of all these other health facilities and there are major setbacks that they have been derailing health delivery including the need for a tarred road leaving the hospital to the highway. The Government should put in place measures to enable ambulances at the district offices to attend emergencies within the district. People have lost lives owing to fuel scarcity for ambulances and numerous breakdowns. There is also need for improved drug supplies at the existing health centres.
Mwenezi East Constituency, Hon. Speaker, has benefited from the Rural Electrification Programme. However, 66% of Mwenezi still needs electricity especially in schools since the Government has embraced information and technology. Schools in Ward 4 like Hebron High and Ruzobwe Primary need electricity for convenience as well as teaching and learning to bridge the gap between the rural scholar and the urban scholar.
Electrification programme as initiated by Government should continue. I want to applaud our esteemed Government that recently, Chief Murobe’s homestead in Chimbudzi Township and Piccinini Jawanda Irrigation Schemes have been connected courtesy of Government initiatives. We have the small and medium enterprises chamber in Mwenezi who arranged a market for selected places like Chimbudzi, Mushava, Turn P, Lundi, Marirangwe and Neshuro to sell their farm produce and other goods.
This has lessened the burden on the locals since they do not have to travel to the growth point or even towns since some of the merchants will be as far as Harare and Chiredzi. These market places which are called Barcosis, as the locals call them, have improved the lives of communities and they gather on predetermined dates and people walk to these places to buy and sell. It is my hope that Government will assist these merchants by providing permanent infrastructure at such places so that their goods will not be affected by bad weather. At the same time this will enable council also to collect tax to be used for other developments.
Let me also commend the Government, Mr. Speaker, for the training skills it is giving to our youths such as in irrigation, building and other skills. The Ministry of Youth, Sport, Arts and Recreation is also commended for committing to the construction of Petronella Clinic with Youth Voluntary. Mwenezi East also has an abundance of youths talented in arts and craft as demonstrated by the fact that some went to an arts and exhibitions fair in Victoria Falls on 11th October, 2022.
The Ministry of Women’s Affairs, Community, Small and Medium Enterprises has also been promoting a localised bank system where groups of women put their money together, lend to others and earn interest. Those that borrow the funds have managed to expand and start their businesses. There are also women’s groups that have been created and they are given loans from the Women’s Bank. So far three groups have been formed at Rutenga, Guramatunhu and Neshuro.
Mr. Speaker Sir, I would like to applaud the DDF for gully reclamation and other developments which they are undertaking in the constituency. Currently, they have been managing and rehabilitating the Chingami Bridge. We want to thank Government for those developments under DDF. Mr. Speaker Sir as a former teaching practitioner I would be remiss if I do not address…
[Time limit]
HON. T. MOYO: Hon. Speaker, I move that the Hon. Member be given an additional five more minutes.
HON. L. SIBANDA: I second.
Motion put and agreed to.
HON. MAKOPE: On the recruitment of teachers Hon. Speaker, I make a passionate appeal on our Government to recruit local teachers where necessary especially for primary education which in some cases requires those with knowledge of local languages. This is especially true for those communities where minority languages like Shangani, Chikalanga and Venda are spoken. The major problem we are facing on that front as a district is that teachers, those whose home areas are far, simply assume duty and start asking for permission to transfer back to their homes. That means we almost always do not have experienced teachers in many schools in our areas.
Mr. Speaker Sir, I want to thank you so much for giving me this opportunity to comment on the State of the Nation Address given by the President giving more reference to my constituency which is Mwenezi East. One of the largest constituencies in Masvingo Province with many challenges which I think Government can also look at considering that the largest part of my constituency is a rural resettlement area where water, transport and other social amenities need to be addressed. I thank you.
HON. T. MOYO: Mr. Speaker Sir, I move that the debate do now adjourn.
HON. MAHLANGU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th March, 2023.
On the motion of HON. NDUNA seconded by HON. L. SIBANDA, the House adjourned at Seventeen Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 1st March, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON. SPEAKER
APOLOGIES RECEIVED FROM MINISTERS
THE HON. SPEAKER: I have received apologies from the Executive: Hon. General Rtd. Dr. C.G.D.N. Chiwenga, Vice President and Minister of Health and Child Care, Hon. O. C. Z. Muchinguri-Kashiri, Minister of Defence and War Veterans Affairs, Hon. Sen .M. Mutsvangwa, Minister of Information, Publicity and Broadcasting Services; Hon. Dr. E. Ndlovu, Minister of Primary and Secondary Education; Hon. E. Moyo, Deputy Minister of Primary and Secondary Education; Hon. J. Moyo, Minister of Local Government and Public Works; Hon. Prof. M. Ncube, Minister of Finance and Economic Development; Hon. Muswere, Minister of ICT, Postal and Courier Services; Hon. Phuti, Deputy Minister of ICT, Postal and Courier Services and Hon. Garwe, Minister of National Housing and Social Amenities.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. NDUNA: My question is directed to the Minister of Energy and Power Development. When are the debilitating power cuts going to end and what is Government Policy during this period in provision of power to critical infrastructure like hospitals and water treatment plants?
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON SODA): Thank you Hon. Member for raising such a pertinent matter of concern, not only to this House but to the whole country regarding when we shall see the current load shedding coming to an end.
There are a lot of efforts that are being made to that regard with the intention that we will have energy self-sufficiency in the country. You might be aware that in 2018, the Government embarked on the expansion of Hwange Power Station with the intention of adding to the grid 600 megawatts which is currently being worked on. One of the units will be coming on line soon. In the meeting that we held just recently with ZESA, they have now confirmed that Unit 7 shall be tied to the grid on the 16th of March. The second unit which is Unit 8, they are still working on and will be coming in a month later to give us the 600 megawatts. I am aware that people would have wanted this project to be completed early but this is the gestation of power stations, especially power stations when they are being constructed. We could not achieve that earlier than the gestation or lead time which was provided for the project but we now have a concrete date that by the 16th of March – according to ZESA; 300 megawatts will start to be fed into the grid.
I think this week we noticed that there was a depressed power supply situation which was occasioned by an unfortunate outage of Hwange where we lost three units successively from the 23rd and 24th of February. Shortly before we lost those three units, Hwange was sending to the grid around 440 megawatts and we came down to 77 megawatts. This is as a result of the age of the equipment which we have always spoken about. The power station was constructed between 1983 and 1986 and the equipment is now due for replacement. The Government has taken an initiative through procurement of a loan facility which is currently being worked on by way of a detailed project report which has been concluded.
In December, the project management consultancy produced a report which now shows the scope of works that are supposed to be done for the six units that are currently in use at Hwange Power Station. The intention ultimately is to restore the six units to their original capacity, the installed capacity of 920 which will be achieved once the rehabilitation exercise has been conducted.
So these are some of the efforts which the Government has put in place to ensure that we achieve energy self sufficiency. We also have the private sector now participating as independent power producers. As we speak, we have a contribution of between 68 to 96 megawatts which are being fed into the grid from the private sector. You might be aware that there was no uptake from the private sector as a result of some perceived risks, especially on the issue of currency but in December, the Ministry of Finance made an announcement of the Government implementation agreement which will de-risk in the areas of the currencies and also on the issue of viability by the off-taker which is ZETDC. Therefore, that is another intervention and that will see acceleration in terms of development of projects by the private sectors that are now participating.
In December, we increased the level of imports to take, of reduced power supply which was occasioned by low water levels from Kariba. We increased on our imports; we used to be importing 300 megawatts which we increased to 500 megawatts, just to take care of the deficit which was created when production from Kariba was reduced. However, as we speak, our water levels at Kariba Dam have just started to increase - as of this morning, we were at 14% of the live net storage of Kariba Dam, which we think will inform the next review in terms of the water allocation which is supposed to happen in a fortnight. Our hope is that the allocations will be increased and that will also increase on the generation from Kariba.
With regards to Hwange Power Station which I said we lost three units, ZESA engineers are working round the clock to bring back the units. Obviously, if that happens we will be having a generation which should sustain the economy and the country between now until we have substantial…
HON. P. D. SIBANDA: On a point of order. Thank you Hon. Speaker. With all respect, I am quite sure that if the Hon. Minister intended to give a Ministerial Statement, he should have done so. This is no longer answering a question, he is basically doing what he was supposed to do before the question was given. So I propose Hon. Speaker that if the Hon. Minister wants to give a statement then let him do that but for now, let him attend to questions rather than giving a long-winding speech. I thank you.
THE HON. SPEAKER: Unfortunately, communication had not reached the Hon. Minster about the Ministerial Statement. I do not think his answer is long and winding; it is very pertinent and covers an issue that was raised that demanded a Ministerial Statement. I thought the response is quite comprehensive and I do not think the Hon. Minister is untoward in his response. Looking at his face, he was about to wind up his presentation.
HON. SODA: Thank you Mr. Speaker. I have responded to all the questions.
THE HON. SPEAKER: You must watch the British House of Commons in terms of etiquette. You do not shout to be recognised, you just stand up and you will be recognised. Can we stick to that etiquette?
HON. NDUNA: My supplementary will be included on the issue of provision of power to critical infrastructure such as hospitals and water treatment plants that was not answered.
However, I would want to know when he thinks the three units at Hwange will be back on stream because before they shut down, the power was…
THE HON. SPEAKER: Hon. Member, you are allowed to ask one supplementary question.
HON. SODA: It is Government policy that critical institutions like hospitals and water treatment plants are given priority, especially by way of providing dedicated power supply infrastructure to take care of those institutions including those facilities? Whenever we have shortage of power, those critical facilities must always be provided with electricity. So in case there might be a particular facility which went out on an outage, I would be glad to be advised so that we inform ZETDC to ensure that such facilities are not subjected to load shedding. Also, dedicated power supply infrastructure is constructed on those particular facilities to ensure that power is always available on the facilities. I thank you.
THE HON. SPEAKER: You indicate Hon. Minister that three units are being worked on and the timeline was not given.
HON. SODA: These are faults that are being attended and I am not able to give specific timelines to say the units will be back after two days or three days because usually when a unit comes out of the grid, they require time to cool the whole system before any maintenance can be undertaken but the timelines will be very difficult to give, given that they have to also ascertain the works that have to be done. Knowing how critical the situation is, they will try by all means to ensure that the units are brought back with urgency. I thank you.
HON. P. D. SIBANDA: Thank you Hon. Speaker. Hon. Minister, what is the anticipatory capacity of …
THE HON. SPEAKER: No, no, you address the Chair.
HON. P. D. SIBANDA: Thank you Hon. Speaker. Hon. Speaker, I want to find out from the Hon. Minister …
THE HON. SPEAKER: That is better.
HON. P. D. SIBANDA: The anticipatory capacity of ZESA of encountering faults such as the ones that the Hon. Minister indicated; looking at the fact that there was no pre-warning to the industry and the communities that there would be depleted power production in the country. I thank you.
HON. SODA: Thank you Mr. Speaker. The outage that happened at Hwange was a forced and unplanned one which I said is coming as a result of the age of the equipment being used for power generation. Inasmuch as the industry, including all other consumers, would have wanted to be warned, it is unfortunate because these outages are not planned. If it were a planned outage, for instance the annual maintenances; yes, warnings would have been sent by the power utility but it is unfortunate that it is not possible for now until we have dependable equipment like the expansion project that is currently being worked on. I thank you.
HON. DR. MASHAKADA: Thank you Hon. Speaker Sir. Through you Hon. Speaker Sir, I want to ask the Hon. Minister that, given the huge capital expenditure and the long gestation period required on thermal and hydro power generation, what is the Government policy on grids and green energy transition which is a low hanging fruit whilst the implementation of thermal and hydro projects is ongoing? Thank you.
HON. SODA: Thank you Mr. Speaker Sir. Mr. Speaker, the Government has a whole policy that was launched in 2019 – the National Renewable Energy Policy. It articulates how we will transition from the use of fossil fuels to renewable energy. We have very good potential for generation in Zimbabwe from solar; also wind is being ascertained as to what potential can be harnessed from wind. We also have the bio-gas that is also being articulated from the same Renewable Energy Policy.
Mr. Speaker, the same policy comes with some incentives especially to the private sector knowing that Government alone cannot carry the load. The private sector has been invited to participate, especially in the area of power generation, which they can sell to the power utility as the off-taker or directly to consumers of their preference. So, we have a whole policy that speaks to how we shall transition to clean energy sources that are mostly renewable.
We are also exploring potential for gas to energy that can be done within the country, especially with the prospects of getting gas from Muzarabani. All that is being worked on Mr. Speaker Sir, as a way of diversifying our energy mix. I thank you.
HON. T. MLISWA: On a point of order Mr. Speaker Sir. The Hon. Minister was not asked about the Renewable Energy Policy, he was asked about the implementation…
THE HON. SPEAKER: Order, order! You do not argue that way, ask a supplementary question.
HON. T. MLISWA: Hon. Minister, can you tell this august House, how many megawatts have been achieved through the renewable energy projects that you are talking about?
HON. SODA: Thank you Mr. Speaker Sir. Inasmuch as the question requires some research, I will provide the response. We have around 90 licenced investments on renewables of which 20 have been developed. The 20 are providing between 68 to 96 megawatts which is being supplied to the grid. I thank you.
HON. HOUGHTON: Thank you Mr. Speaker Sir. My supplementary question is that I was informed earlier this week that …
THE HON. SPEAKER: Order, order! Can we hear the Hon. Member!
HON. HOUGHTON: I was informed that three of the turbines at the Kariba South Power Station have failed now. Is there any truth in that? Thank you Sir.
HON. SODA: Thank you Mr. Speaker Sir. Apparently, they are not three; there are four units that are not on service at Kariba Power Station. This is as a result of annual maintenance that is being undertaken.
The Zimbabwe Power Company (ZPC) has just taken advantage of the low water allocations that are being provided by the ZRA at Kariba. They are utilising that window to do their annual maintenance. Currently, we have four that are on service but they cannot also use them all given the water allocations. We have three that are ready and producing 350 megawatts and one is on standby which has not been dismantled but four have been dismantled for the purposes of annual maintenance. I thank you.
THE HON. SPEAKER: We have had four supplementary questions now, so we cannot have more than four supplementary questions.
HON. GONESE: On a point of order Mr. Speaker Sir.
THE HON. SPEAKER: A point of order when there is no debate, honestly!
HON. GONESE: It is not debate but it is a proposal Mr. Speaker, that since it is an issue which affects our nation, if the Hon. Minister could be asked to make a Ministerial Statement so that all issues relating to the generation of electricity to the challenges which are being faced by the industry can then be addressed. I thank you.
THE HON. SPEAKER: Thank you very much Hon. Gonese. My judgment tells me that the Hon. Minister has covered key issues and I do not think there is need for a Ministerial Statement.
+HON. NOWEDZA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Transport. In the past, the Cabinet discussed the construction of the Nkayi Airport. The people of Matabeleland are grateful to that upgrading. However, they have some expectations that the Bulawayo Road, for a long time has dilapidated...
+THE HON. SPEAKER: Hon. Member, kindly ask your question.
+HON. NOWEDZA: My question Mr. Speaker is when will this road be maintained since it is the one being used by all buses in the community?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT (HON. MHONA): I would like to thank Hon. Nowedza for the question that she has asked so that I will alert the whole House...
+THE HON. SPEAKER: When will you start to speak Ndebele?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT (HON. MHONA): Mr. Speaker Sir, in the short future, I will be responding in Ndebele. I am originally from Kalanga and Ndebele. I thank you. Mr. Speaker Sir, I am very happy for the question that she asked about Bulawayo-Nkayi Road that she said buses and vehicles cannot travel on that road. Honestly, contractors are now taking machinery to that area so that they proceed to rehabilitate and tar 15km of that road. By the time you come back to this House, you will be testifying that the work has started.
Going on the other route of Nkayi to -Victoria Falls, right now we are going after all the most dilapidated roads like Lupane- Victoria Falls. All the roads are now dilapidated. We are rehabilitating that road. If you see us selecting areas such as those between Bulawayo and Beitbridge, the aim of the Government is to ensure that those roads are rehabilitated like what we are doing on the Harare-Beitbridge and Harare-Chirundu Roads. Right now we are targeting the most destroyed roads. It is not only Matabeleland with bad roads. There is Gwanda-Maphisa also that needs rehabilitation. Thank you so much Mr. Speaker Sir.
+THE HON. SPEAKER: Hon. Nowedza, did you understand him clearly.
+HON. NOWEDZA: Yes Mr. Speaker Sir.
+THE HON. SPEAKER: Yaah, you have to teach him Ndebele – [AN HON. MEMBER: Inaudible interjection.] – Hon. Moloekela, this has to be discussed outside Parliament.
+HON. MATHE: Thank you Mr. Speaker Sir. My supplementary question is an additional question to what Hon. Nowedza has just asked. The Minister should explain to this House when the Bulawayo-Nkayi Road will be rehabilitated in respect to last year’s budget or it is now the 15km that the Minister has just alluded to as per this year’s budget? Let him clearly explain to the House.
THE HON. SPEAKER: Hon. Minister, in short, do you have sufficient budget?
*HON. MHONA: Thank you Mr. Speaker Sir. My mother was Ndebele and I can understand Ndebele a bit. Thank you very much. I would like to thank His Excellency, the President Dr. E. D. Mnangagwa for the budget that we are using for the Emergency Road Rehabilitation Programme 2. That is the budget that we are using on rehabilitating the 15km and the budget is already there. I would like to thank you for the kilometres that I mentioned before. They are tallying with the budget that we have. We will not end there but we want to reach Nkayi. Those who know the Kwekwe-Nkayi-Lupane Road, we are also going to rehabilitate this road but we are going to use another budget from the partners working together with Government.
*HON. MLAMBO: My supplementary question to the Minister is that whenever they are mentioning about projects in this House, you will think that everything is in order. Last time I asked about the route from Chipinge going to Mt. Selinda through to the Mozambican Border. Up to now they have not done anything. We once had graders in place but they were removed and everything is now lying idle. In other areas they are rehabilitating. Honestly, when are they coming to rehabilitate the road which was damaged by Cyclone Idai?
*HON. MHONA: It is true what he mentioned that before we had a company which was contracted. I promised that I was going to chase that company away and contract a company which can work diligently. That company which was not operating well was removed. Next week I will be in Manicaland and I promise you will come and testify here that there will be a new company contracted to work on that same road.
*THE HON. SPEAKER: Order, yes we are allowed to laugh but you must laugh in a respectable manner, knowing that you are Hon. Members. Hon. Mlambo, you have to make sure that next week you meet the Hon. Minister concerning that road.
HON. MAHLANGU: My supplementary to the Minister is: he said the stretch from Bulawayo to Nkayi is 15 km - or maybe I misunderstood him because that road is in a sorry state and I think it is now more than 10 – 20 years that road being in that state and the tarred section is very short. So, if he says the road is 15 kilometres, it means it does not get to Nkayi Centre. Can the Minister also give us a timeline in which the road is going to be rehabilitated because I remember Hon. Mathe asking about the Nkayi Road and the Minister gave the same answer that they are in the process of doing that road and had already dispatched equipment to work on the road? Today again equipment has been dispatched to Nkayi. So, now we want a timeframe in which the road is going to be finished but to me, 15 km is too short considering the road is dilapidated.
HON. T. MLISWA: On a point of order!
THE HON. SPEAKER: No, no, before the Hon. Minister answers and you want a point of order?
HON. T. MLISWA: Yes.
THE HON. SPEAKER: On what basis?
HON. T. MLISWA: Mr. Speaker Sir, it seems these questions are becoming specific and I am also going to ask about Chibero Road to Ngezi when he is going to do it. It will result in every Member of Parliament asking about roads in their areas because we are all going towards elections and we want to do something - they seem to be specific questions. It is either the Minister comes. This is the Emergency Road Rehabilitation Programme and he can be asked to give an update on all of them through a Ministerial Statement because I also have roads which need to be fixed in my constituency, and so does everybody else. May we be holistic about this? Let the Minister come with an updated report on the roads that he said he would fix and the progress to date. That is all we need. From there we can interrogate further – [HON. R. NYATHI: Including Boterekwa.] – Boterekwa Road yekumusha kwedu uku yakaipa.
THE HON. SPEAKER: Hon. Minister, would you be happy to do that because what Hon. Mliswa is raising is correct. Every member from each constituency will start talking about their own roads, so it will be a bit clumsy. Questions must be more national than specific. If you want to ask specific questions, do so in writing.
HON. MHONA: Thank you Hon. Speaker for your usual guidance. I also want to thank Hon. Mliswa - I will do precisely that to apprise the august House on the current status quo of Emergency Roads Rehabilitation Programme.
(v)HON. MAFUTA: My question is direct to the Minister of Health. Bearing in mind that Government introduced devolution in 2013 and extended in 2018, what is Government’s policy on devolution of cancer treatment services to district hospitals?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): The Hon. Member is asking what Government policy is on the issue of devolution concerning decentralising cancer treatment to district hospitals. The policy is very clear. We would want to do treatment at the lowest possible unit. It is just then a function of resources but when it comes to policy and policy intentions, we want to be where the people are, which is at the lowest unit of Government presence in terms of health services.
HON. CHINYANGANYA: I want to thank the Hon. Minister for his response. What is Government doing to make sure that the policy is fulfilled because cancer has now become one of the killer diseases and as we speak, we do not have cancer machines even in the bigger hospitals. Can government ensure that those small clinics in rural areas or even provincial hospitals are equipped with cancer machines? I thank you Mr. Speaker Sir.
THE HON. SPEAKER: I thought the Hon. Minister was very clear on that. Resources are inadequate, that admission was made.
HON. CHINYANGANYA: Yes, the resources are inadequate but what is government doing? It should be pro-active Mr. Speaker Sir. I thank you.
THE HON. SPEAKER: Thank you, the question is on pro-activity.
HON. DR. MANGWIRO: Hon. Speaker, I would like to thank Hon. Chinyanganya for that supplementary question. If I was not clear at the beginning that our policy is to be everywhere, we follow our policy through budgetary allocations successively every year to ensure that our aspirations are met. As we speak, there is a lot of acquisition of equipment which is happening and every year it is according to availability of budget but action is taking place. Thank you Hon. Speaker Sir.
HON. WATSON: Thank you Hon. Speaker. It has been requested that the Minister of Health comes with a comprehensive statement on the state of the health delivery service in the public sector and I think it is long overdue. These questions should be answered because I do not think it only applies to cancer machines but I think the public health service delivery is collapsing. I thank you.
THE HON. SPEAKER: Hon. Minister, are you acquiescing to the request?
HON. DR. MANGWIRO: Yes Hon. Speaker, we agree to the request but with your permission Hon. Speaker, I do not endorse the statement that the health system is collapsing. Hon. Speaker, we are one of the most...
THE HON. SPEAKER: Just a minute, did someone say the government is collapsing?
HON. DR. MANGWIRO: Yes, she did.
THE HON. SPEAKER: Oh you said the health delivery system.
HON. DR. MANGWIRO: Hon. Speaker, we would be very happy to bring a statement but as I said I would not agree with the sentiments that the health system has collapsed. We have as we speak the lowest number of COVID-19 deaths and lowest figure of cholera deaths. That statement cannot be sustained by facts. -[HON. MEMBERS: Inaudible Interjections.]-
THE HON. SPEAKER: Hon. Minister, I think in your statement you will have to indicate that on the contrary we are hoping that the impression will be corrected accordingly.
HON. DR. MANGWIRO: Thank you Hon. Speaker, the topic sentence has already been done.
HON. T. MLISWA: On a point of order Hon. Speaker Sir. With all due respect, I think the issues of health are very sensitive. We are paying PSMAS as we speak but we cannot be treated. –[Laughter.]-
THE HON. SPEAKER: Hon. Molokela, I did say your laughter must be measured.
HON. T. MLISWA: Mr Speaker Sir, I think with due respect, the health delivery system is not performing well. We are all paying PSMAS and money is being deducted throughout the civil service but there is nowhere to go. All the PSMAS hospitals are closed.
THE HON. SPEAKER: Hon. Mliswa, you are making a pertinent statement. Why do you not wait for the ministerial statement and then you can debate accordingly.
HON. T. MLISWA: I think I should add to what should be addressed in the ministerial statement. Can the Minister also talk about why the PSMAS hospitals are closed yet people are paying PSMAS every month? What has government done to ensure that all of us who are sick can go to another hospital where we can be looked after because people are not getting the needed attention and they are dying? If he can include that especially the PSMAS issue which we are all beneficiaries of. I do not know why Members of Parliament were clapping yet you know that when we are sick we cannot fly but he is a Minister and he can fly out. We have to deal with hospitals here. So, I am actually ashamed that you are actually busy clapping when you know that you can die here without receiving treatment. The Ministers will be flown outside.
HON. MATHE: On a point of order.
THE HON. SPEAKER: Order, you cannot raise a point of order before I have responded. Procedure must be followed Hon. Mathe. The Hon. Minister, in his ministerial statement, should include the aspect that is being raised by Hon. Mliswa.
HON. DR. MANGWIRO: Thank you Hon. Speaker. We will do that.
+HON. MATHE: My point of order Mr. Speaker Sir is raised on a statement that the Mnister should clarify why the Ministry of Health and PSMAS are not performing well. So can he also give clarification on all the areas that are not performing due to sanctions because as a Parliament we cannot ignore the presence of the sanctions in this country and expect things to move smoothly? We cannot. May we have a statement in this Parliament on things that have been affected by sanctions and that are affecting the whole country and everyone? I thank you.
THE HON. SPEAKER: Hon. Mathe, you raised a point of order. Listen to what I am going to say. Hon. Minister, I am sure in your response or statement, you indicate the constraints.
HON. P. D. SIBANDA: My question is directed to the Hon. Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement. I am not quite sure if he is in....
THE HON. SPEAKER: That is not your problem. Just ask your question.
HON. P. D. SIBANDA: Thank you Hon. Speaker. I will preface my question by commending the Ministry for starting fish farming projects throughout the country. However, my question is – what is the Ministry doing to ensure that the depletion of fish populations in these numerous national projects is curtailed so that there is continued production in that particular area?
THE HON. SPEAKER: Did you say ‘depletion’?
HON. P. D. SIBANDA: Indeed, Hon. Speaker.
THE HON. SPEAKER: You mean depletion, alright.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): I would like to thank Hon. Sibanda, first of all for the compliment on the fisheries programme that Government is rolling out throughout the country.
Coming to the issue of fish stocks, of course, Hon. Sibanda did not specify exactly where the fish stocks are being depleted. However, I have to point out that fish stocks have been going down in Kariba. This is both a national and international issue because we share Kariba with our neighbour Zambia. We will be working with our Zambian counterparts in making sure that we conserve the fish stocks by also restocking Kariba, especially when it comes to Kapenta because Kapenta used to have several tonnes of harvest from the 1990s but from the 1990s to now, it has been going down.
From a policy perspective, it is our policy to ensure sustainability so that we continue having the required fish. However, when it comes to areas where there is depletion like in Kariba, we will be working with our counterparts in making sure that we bring back the fish population and even begin to increase the fish population in Lake Kariba.
HON. P. D. SIBANDA: My supplementary question to the Hon. Minister is, in areas where fish stocks are depleting like Kariba where he has given an example, the Government agencies responsible for licencing of fishing business continue to increase licence fees whilst fishing stocks are depleting. What is, possibly this will require his colleague on his right; what is Government policy with regards to assisting the fishing business to remain thriving in areas where fishing stocks are depleting?
THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. S. NDLOVU): The first issue to acknowledge is that indeed our stock levels of fish are depleting. It has been happening for quite some time and the main reason has been overfishing but also the need to increase enforcement expenditure especially from fish poaching. I am sure that the Hon. Member is also aware that part of the strategies we have implemented is to introduce what we call moon light days where there are days where fishing is not allowed in the river. This has been successfully implemented on the Zimbabwean side to give time for our fish to reproduce. In a month, fishing takes place around 22 days. We have certain days that we allow for reproduction.
The underlying cause is that the capacity particularly in Kariba for fishing, combined for Zimbabwe and Zambia a total of around 500 fishing boats. Infact in total, Zimbabwe has an allocation of around 265 with Zambia around 235 depending on time to time assessments. As we speak, Zambia has more than 1300 fishing boats in there and Zimbabwe is close to 500. We have been taking measures to restrict issuance of new permits but also to increase the costs which the Hon. Member is asking so that we are able to meet the compliance cost.
Almost every night, we are out there looking for poachers and we are arresting them every night. For us to be able to protect that resource that is depleting, we need to continue to unlock resources. It is a painful period and I acknowledge especially for fish farming as a business at the moment but our understanding is, if we are able to conserve what is there, restock overtime, we will be able to increase profitability.
HON. P. D. SIBANDA: Hon. Speaker, I seek your indulgence. There is a part of my question that was not attended to.
At a time as this one when fish stocks have depleted, why should Government continue to charge fishing businesses the same exorbitant licencing fees instead of responding to the decline in the business.
HON. S. NDLOVU: I thought I had responded to the Hon. Member’s question in that it is mainly the cost associated with compliance; that is making sure that we deal with poaching issues that we have maintained our licencing. Our belief also is that the people in the fishing business will also realise that the depleting stocks are also a result of over fishing and poaching as we have been working with them. The institution charged with the mandate of dealing with poaching is National Parks and the resources they deploy to address poaching come from the fishing licences. That is why we cannot reduce otherwise it accelerates the rate of depletion that the Member is worried about. I thank you.
HON. NDUNA: Thank you Madam Speaker Maam. What is the Hon. Minister doing about speculators or people who take fishing licences for onward leasing to other people as opposed to utilizing them at the primary inception? Is there an audit process for the number of fishing licences that have been pushed out of the market in order to curtail the fishing that he has spoken to and about?
HON. M. NDLOVU): Thank you Madam Speaker Maam. We balance the need for our people in the fishing industry to remain in business with over regulation. When somebody has a fishing licence and they have operating constraints, and they need to have partnerships with people with fishing rigs, it is surely not for Government what one has to do with the fishing licence they have.
We have strict measures where people have licences and they are not able to utilise them, they have challenges in renewing them for sure, but if they can prove that they were able to operate, we are able to renew for them. So, it is not really for Government to prescribe who people will go into partnership with when they have the licences. There are some who have licences whose fishing rigs are malfunctioning and they have the latitude to work with those who have fishing rigs. I want to assume that is what the Hon. Member was speaking to.
HON. T. MLISWA: Hon. Minister, you clearly articulated that there are 265 licences given to Zimbabwe and 235 licences given to Zambia. So why are you exceeding that? Why have you allowed that to exceed to a thousand? Is that not corruption and why not cut it immediately because there is already a self regulatory system in the number of licences issued? Is that not the incompetency of your Ministry?
HON. M. NDLOVU: Thank you Madam Speaker. I want to thank the Hon. Member for his supplementary question. Maybe I did not give the proper context. We are now sitting at close to 500 permits coming down from 900, these were issued over time and we are committed to reduce. Where people will be committing offences that warrant termination of contracts we have been quick to do that. So we are coming down, it is an issue of concern that has been raised and it is a challenge we have had for 10 to 15 years. However, I am happy that we are on track in addressing it; we are working with our colleagues in Zambia. We have also reduced, at one point they were more than1 600 but they have come down to 1 300. It is work in progress; it is something that we will continue to work with Zambians.
It is a livelihood issue for communities there; it therefore causes a number of challenges for governments. On the Zimbabwean side, it is a national park area and on the Zambian side, it is a communal area. That is why it is taking much longer to have the issue addressed but I am happy that we are cooperating well with our counterparts in Zambia. I thank you.
HON. T. MLISWA: Madam Speaker, I am still battling that the Government has power. When there was imbalance in terms of the welfare of this country, this Government embarked on a fast track land reform. So why not do a fast track on cancelling these licences? The Land Reform Programme was fast tracked because there was an imbalance; Government could not allow people to continue suffering. Now, you are allowing fish to finish quickly. Why are you allowing fish to be fished when they are young because you need those to also breed? So the more people you are allowing to poach, the more they are killing the breed.
So how long can that programme go for? You said Zambia was 1500, now it is 1300 yet they are supposed to be giving 235 licences. Zimbabwe is down to 900 instead of 265, so the very same fish that you want to breed is being fished. It is a tourist attraction, there is tiger fish, those boat cruises, and it brings real money into the country. How do you attract tourists if you are not able to protect the fish?
HON. M. NDLOVU: I want to also assure the Hon. Member that the strategies we are putting in place both at reducing the number of fishing and making sure that we have breed bays for our fish has managed to save our dwindling numbers of fish. I am quite confident that in the next few years, our fishing stocks will be growing because of what we have started around three years ago which is already beginning to pay dividends.
+HON. MATHE: My question is directed to the Minister of Energy and Power Development. Every year a National Budget is presented that is supposed to cover electricity in the rural areas, schools and the urban centres but I am disappointed because we do not see electricity being supplied to the shopping centres in Nkayi. I want to know when you are going to provide electricity to these areas, especially the shopping centres in the rural areas.
THE DEPUTY MINISTER ENERGY AND POWER DEVELOPMENT (HON. MUDYIWA): Thank you Madam Speaker. I would like to thank the Hon. Member for her question. I can try to respond to the general part of the question but I think the Hon. Member will have to put the specific part in writing.
We have always said magetsi kumaruwa or amagetsi ekhaya! – [HON. MEMBERS: Inaudible interjections.] - That is what we mean.
THE HON. DEPUTY SPEAKER: Order, order! May we have order please! – [HON. BITI: Tava kugeza nema buckets kunge Mbuya Nehanda!] –
HON. MUDYIWA: By that statement, we mean exactly that – we are there to provide electricity in the urban centres as well as the rural centres. The area that the Hon. Member mentioned needs a specific answer and that is why I asked her to put it in writing so that we respond with facts.
The Rural Electrification Agency (REA) is responsible for rural electrification. They have a minimal budget that has not been able to fund all their operations and that is why at times you find that they are failing to fulfill what they are supposed to do. We are trying, by all means, to make sure that they complete whatever they started annually – funds permitting. I think I have responded to the question. Thank you.
+HON. MATHE: Madam Speaker, since the Hon. Deputy Minister has responded. I respect the response that she has given to us; but because she said that she cannot provide a specific response that speaks to the issues in Nkayi, I wish for the Hon. Deputy Minister to go and research and give me a specific response that speaks to the issues that I raised on Nkayi specifically. Thank you.
THE HON. DEPUTY SPEAKER: Hon. Mathe, please may you put your question in writing.
*HON. MPARIWA: I would like to thank Hon. Mathe for that good question on rural electrification. The Rural Electrification Agency (REA) is responsible for rural electrification. I was going to ask but now I have an appeal.
This is not a new question to REA and now, I would like to request the Hon. Minister to bring a Ministerial Statement stating the areas where they have supplied electricity because other areas have poles only. I heard the Hon. Deputy Minister saying REA does not have money but every time when we do the budget, REA has cash that they take because it is self-funding. I would like to request the Hon. Minister to bring a Ministerial Statement on the issue to do with REA because it helps with rural electrification but we cannot have electricity. I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Mpariwa. I believe that the Minister of Energy and Power Development has understood everything and will bring a Ministerial Statement. I thank you.
+HON. BRG. GEN. (RTD.) MAYIHLOME: Thank you very much Madam Speaker Ma’am. I request to speak in Ndebele just for the day. My question is directed to the Minister of Public Service, Labour and Social Welfare and it also touches on the Ministry of Higher and Tertiary Education, Innovation, Science and Technology Development.
My question specifically speaks to the shortage of teachers for Mathematics and Science in the Matabeleland region. We have noticed that teachers for Maths and Science are needed much in Rwanda and most of our schools in Matabeleland region are still having a zero pass rate for Maths and Science. What measures are being taken to mitigate this issue? There was once an attempt to take students to go and learn Maths and Science in Cuba; as of now, I speak of Umzingwane District. There are more than 45 vacancies for Science teachers but only two have occupied these positions. What measures have been taken by these ministries to curb this shortage of Maths and Science teachers?
We took all the Constituency Development Funds (CDF) and used it to improve our infrastructure for Science laboratories. I want to know the measures that have been taken to mitigate this shortage. Thank you.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you Madam Speaker Ma’am. I wish to thank Hon. Gen. Rtd. Mayihlome for the question. He is talking about Science teachers and shortages of Science teachers particularly in Matabeleland South – [HON. BITI: And a disastrous pass rate!] - and the disastrous pass rate as he says.
What are the measures that we are taking on this? Hon. Speaker Ma’am, in 2018, the Government of His Excellency the President, Dr. E. D. Mnangagwa recognised the importance of Science education; and made some measures to it. We made sure that we increase the number of Science offering teachers colleges. It was Mkoba Teachers College; it has a secondary Science teacher’s programme starting from 2018; we have Masvingo Teachers College, it has got a Science teacher’s programme since 2018; we have Joshua Mqabuko Nkomo Polytechnic, it has a Science teacher’s programme since 2018. We have also made sure that Mary Mount Teachers College has a Science training teacher’s programme since 2019.
So, we now have been able to enroll 600 teachers for Science only at Mkoba Teachers College, at Mary Mount Teachers College, at Masvingo Teachers College and Joshua Mqabuko Nkomo Polytechnic which was never there before. We have also bolstered the science teaching programme at Mutare Teachers College, Hillside Teachers College and Belvedere Technical Teachers College. So, the response has been such that last year in 2022, we graduated our first crop of secondary Science teachers. We are looking at having 5 000 secondary science teachers trained by 2025. There are steps that we are taking. When it comes to Matabeleland region that he is talking about, we actually have Joshua Mqabuko Nkomo that is doing that.
In terms of policy, the policy is very clear. The pace might not be as fast as we want it to be but training takes its own course, and in terms of policy, we are now very clear - the policy has recognised the need to increase that. We also have got a supplementary science teacher training programme at Bindura University of Science Education. The Ministry of Primary and Secondary Education sends teachers there for continuous training. We recognise that for a country to be able to develop, it must have knowledge of science technology and innovation. So the Government of His Excellency the President Dr. E. D. Mnangagwa puts science at the centre of the country’s industrialisation and modernisation agenda. All problems that might be there are just transient. We are moving. I thank you.
+HON. BRIG. GEN. (RTD.) MAYIHLOME: I thank you Madam Speaker. We heard the Minister of Higher and Tertiary Education but on the ground, there is nothing like such. On the ground, we are facing parents who are paying school fees for nothing, who are sending their children to school for nothing. Of what importance does it have to pay school fees for a child who is not being taught those subjects? We should not come here to speak about things to please each other because the President is saying we leave no one and no place behind. We are saying when are these schools going to have Maths and Science teachers? What is the Ministry doing in order to have Maths and Science teachers available in the Matabeleland region like any other places? Thank you.
HON. PROF MURWIRA: Madam Speaker, we agree with Hon. Gen. Mayihlome that we have a problem. This is exactly why we are responding to that problem. When we have an issue, we normally say, problems do not go by shouting at them or shouting loudly about the problem. This is done through strategic solutions. To this end, we have said just last year, we graduated 600 teachers. We did not have them because you cannot distribute what you do not have. If you have a distributive economy, it must also have a productive economy, a productive side. Normally people talk about wanting to have this also but when it is not there, you cannot have it. What we have concentrated on is making sure that we have got those teachers and now we can talk about distribution.
In acknowledgment that this problem is being highlighted; His Excellency the President, when he was in Beitbridge, actually spoke to the problem of Matabeleland South in terms of science teachers and he gave us an instruction to make sure that we train more science teachers and deploy them in areas of shortage. So the movement is towards solving that – [HON. MADZIMURE: Inaudible interjection.]
THE HON. DEPUTY SPEAKER: Order Hon. Minister. What is your point of order?
HON. MADZIMURE: Madam Speaker, Hon. Mayihlome is very specific. There is a shortage of around 40 science and mathematics teachers and his question is, when is the Ministry going to deploy those teachers for the children to be able to learn those subjects that they are expected to write exams end of this year.
HON. T. MLISWA: On a point of order. Madam Speaker, I think we need to be fair. Hon. Mayihlome is correct. He spoke about 42 Umzingwane and that is specific. It is not a national issue and the best thing is probably for the Minister to indulge Hon. Mayihlome, invite him for a cup of tea. He is a General so he needs to be given respect and respond to those issues. If you now start touching on Umzingwane, I will go to Chegutu district as well and people will talk about their districts. Let us just limit it to a national issue but I implore you to visit the General. He fought for this country and he is suffering for the people. Invite him for a cup of tea tomorrow, you lose nothing and make sure that you give him the 44 teachers he requires. Thank you.
THE HON. DEPUTY SPEAKER: Thank you Hon. Mliswa. As you have said, he is the General, may the Hon. Minister please respond to his question. Thank you.
HON. PROF. MURWIRA: Thank you very much Madam Speaker. I think from a policy perspective, we have responded to the general national problem of the shortage of science teachers and we have said we now have trained science teachers. The issue of 42 is very specific. What I can only say is we have heard Hon. Mayihlome. We will take that to the specific Ministry so that, that issue can be looked into. Now the good thing Madam Speaker is that we can now talk about distribution because we have produced them. In the past, there was nothing. I thank you.
*HON. RAIDZA: On a point of order Madam Speaker. We have heard what has been said by the Minister – [HON. MEMBERS: Inaudible interjection.] –
THE HON. DEPUTY SPEAKER: May the Hon. Member of Parliament be heard in silence please.
*HON. RAIDZA: We are asking the Minister to bring a Ministerial Statement clarifying on the extent of the problem so far since the policy is very clear and there is training of teachers. In our communities there are trained teachers of Maths and Science but they are not being recruited. We need the Minister to explain to this House the number of trained teachers as well as those they have deployed and in which provinces so that we understand our problem as a country. The Minister is correct, there are teachers being trained at colleges but they are not being recruited. This is a problem that we are facing as a country. It is not only found at Hon. Mayihlome’s province. We have noticed that the recruitment is mostly on other subjects such as Shona, History and others but for these critical subjects, there is no recruitment, yet we have trained and qualified teachers for these subjects. I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Raidza. I believe the Minister has heard you and he will do as you have asked.
HON. CHINYANGANYA: Thank you Madam Speaker. I want to thank the Hon. Minister for his response. We appreciate what the Government is doing in trying to increase the numbers that are being trained. At the end of the day, it is not that the Government has not been training teachers but it is because of the brain drain that we have these shortages. So what is the Government doing to make sure that those who will have been trained are not lost through this brain drain because the Government is losing a lot of resources in trying to train those teachers but at the end of the day we are losing these trained people?
HON. PROF. MURWIRA: I wish to thank Hon. Chinyanganya for that supplementary question in terms of the fact that he said we have been able and we are now training teachers but how do we retain them and make sure that there is no brain drain. One of the most important issues is that people always move, it is true and we will continue training some but at the same time, Government continues to improve the conditions of service in the teaching profession. It cannot be solved in one day but definitely the arrows are looking north and we believe that with the movement of time, as we train more, the economy grows and as we work harder we will be able to retain some. It is also a mark of success of a nation when you see your people in demand elsewhere.
*HON. MUDARIKWA: In terms of education, our schools have enough teachers but they are producing zero percent. This Minister, we are discussing on the issue of our pass rate in schools but we need the Minister of Local Government because they are the ones who supervise the schools, but local authorities do not have a mechanism to supervise. So we are requesting the Minister of Local Government as the responsible authority how they are supervising all the schools that are producing low pass rates. We have two authorities; the schools under church administration and those under the responsibility of the councils or local authorities. The mission schools have no problems in terms of pass rates but our local authorities or councils do not have capacity to monitor and assess the education systems within the council schools. That is the major problem.
HON. T. MLISWA: My point of order is that procedurally this is supposed to be a new question directed to the Minister of Local Government if we have to follow the rules of Parliament. You cannot sneak it in and I think he was on the floor attending to these issues. His questions have not ended unless they have ended and we need to start again - as it is a totally new question directed to the Minister of Local Government.
THE HON. DEPUTY SPEAKER: That was the last supplementary question since it was the fourth supplementary question.
HON. T. MLISWA: He was now directing the Minister to Local Government. He was saying this is an issue which is under Local Government instead of directing asking the Minister of Local Government. At that point he was supposed to be stopped so that he directs the question to the Minister of Local Government because if you follow Madam Speaker, at no point did he direct the question to the Minister of Local Government. He was trying to talk about the role of the Ministry of Local Government in this and it was not a question. With your indulgence, can he direct the question to the Minister of Local Government so that we can follow the procedures of this House?
THE HON. DEPUTY SPEAKER: Hon. Mudarikwa, please may you direct your question to Minister of Local Government.
*HON. MUDARIKWA: Madam Speaker, let us assist each other when we are discussing issues that affect the nation...
*THE HON. DEPUTY SPEAKER: Hon. Mudarikwa, we have to follow the procedures in this august House. Please, can you respond to whether you were asking a supplementary question or it was a new question because I have your name on the list here.
*HON. MUDARIKWA: It is a supplementary question because the issue of education cuts through other ministries in that besides it being the responsibility of the Ministry of Education, it is also under the purview of Ministry of Local Government and Ministry of Public Service. These three ministries...
*THE HON. DEPUTY SPEAKER: Hon. Mudarikwa, let me assist you. I had just given you the floor in respect but it was not procedural and the others notice. You were supposed to ask as a new question to the Minister of Local Government.
HON. BITI: My supplementary question to the esteemed Minister of Higher Education, Hon. Prof. Murwira, is that we have a problem of a kwashiorkor of Science teachers in the country and that is why across the board there are no Science teachers and we are having these disastrous pass rates. Why did the Government abandon the STEM curriculum which was ensuring that Science is embedded and entrenched at high school? Why was also the Indigenisation Empowerment Programme abandoned?
HON. PROF. MURWIRA: I wish to thank Hon. Biti for the question. This is a very useful question which enables us to explain. STEM Programme and I made a Ministerial Statement here; Science Technology, Engineering and Mathematics have never been abandoned. What was happening during that time was the training of students in Science who are not teachers. The question which we then said was; how do you train students in Science with no Science teachers? So, the Science training programme was a money siphoning programme and it is on record. We saw behind it.
We took the money and we are using the money to train teachers instead – [AN HON. MEMBER: Where?] – At Belvedere, Mkoba and others. I can tell you there is no more money being stolen at ZIMDEF – [AN. HON. MEMBER: Did you recover the money?] – Different question. The issue is; now we cannot try to hide behind that other programme because it was very corrupt and we have evidence to it but we are now training teachers in STEM so that they can go and teach. The simple question Hon. Speaker Ma’am was, how do you send students to learn science where you have said there are no Science teachers? Who do you train? We issued a ministerial statement explaining this issue in this august House. Therefore, we are fully in science and that is why you see the products of science in this country are increasing at an exponential rate because the Government of Dr. E. D Mnangagwa is focusing on science, technology and innovation. The issues which Hon. Biti raised are very important because they enable us to tell the House and the nation that it was not a STEM programme. It was a money siphoning scheme. I thank you.
HON. BITI: My point of clarification Madam Speaker is that I think STEM is very important. We have too many people in the humanities and our country has gone nowhere because of humanities. I would therefore urge the Minister to depoliticise and defactionalise the programme and not focus on the past but just focus on the importance of science in our schools. We need science from Form 1 to Form 6 and forget about who introduced it. Sciences are important because lawyers and teachers are killing the country, so let us have rocket scientists like Arthur Mutambara who can move our country forward. We are tired of History teachers like me. I thank you Madam Speaker.
HON. PROF. MURWIRA: I wish to thank Hon Biti for his clarification and I would not agree with him more. It is very important to do science and we are focusing on it. That is why we are teaching people who will go and teach our children in the schools. You need a teacher first before learning can take place and that is very important. There is nothing political about this issue at all because it is about making sure that we properly do STEM programmes by training teachers properly so that they can train our students everywhere. This is where the clarity of the issue is.
As a country, we did what we call the National Critical Skills Audit between December 2017, when the new dispensation came in and April 2018, and these are the results: Our skills levels in science, technology and innovation are 3% and our deficit is 97%. In medicine, our skills levels are 5% and deficit is 95%. In engineering, our skills availability is 6% and unavailability is 94%. In law, we actually found out that the skills availability is also about 20% and a deficit of 80%. In commercials and humanities, we have an excess of 121% and what I am trying to say is that we are very conscious, we are measuring and taking care of this country in that area. That is why this country has a satellite in space because we are focusing on science. This is why this country is able to produce oxygen. The most important thing is that we are in the right direction; we are not on opposite sides when it comes to science, technology and innovation with Hon. Biti. We are actually saying the same thing. So, it is not a question but a compliment. I thank you.
*HON. TEKESHE: Madam Speaker, my question is directed to the Minister of Local Government. The whole country agreed that we should stop the use of spikes when stopping motor vehicles because they were causing deaths. However, I was amazed to see municipal police in Marondera using spikes which nearly resulted in an accident. So, I am seeking clarification as to why spikes are still being used yet the whole country agreed that spikes were outdated and a thing of the past. I thank you.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Hon Tekeshe for the question. As a policy, the use of spikes has been discontinued and I am surprised that they are still being used in some areas. I would appreciate it very much if you can bring that issue to our office or any local authority so that it is addressed because it is now illegal.
HON. MADZIMURE: My question is directed to the Minister of Youth, Sports, Arts and Recreation. Madam Speaker, on the 24th of February 2022, Zimbabwe was suspended from international football by the world governing body FIFA. We all know that playing soccer has become big business and a source of livelihood for our children. At the same time, the age of a child does not stop because Zimbabwe is not participating. Right now we have got under 20s in Egypt, we have had under 18s in Morocco (AFCON). This is where our children’s skills are identified by scouts who will be there for that particular purpose. We have now gone for a full year without Zimbabwe participating. What is the Ministry doing to ensure that Zimbabwe quickly has its suspension lifted because it is a serious indictment on our children that as a country we have decided that we do not care and the Ministry does not care about what will happen to our children as far as their development is concerned? Economically, countries like Senegal – Sadio Mane has improved a simple …
THE HON. DEPUTY SPEAKER: Hon. Madzimure, can you ask your question.
HON. MADZIMURE: Sorry Madam Speaker, some of these questions must have a context for the Minister to understand. So, I want to know when Zimbabwe will specifically be readmitted and what has the Ministry done to ensure that all the transgressions that caused the suspension are stopped?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Hon. Speaker Ma’am, I wish to thank Hon. Madzimure for his question on football. It is true that Zimbabwe was suspended and suspension is not an issue that can be celebrated. However, it is important that the sports administration is cleaned but the process of cleaning has its own life-span. It is very important to know that the SRC and Zimbabwe community, including ZIFA itself are cleaning their act and we expect them to do so and pave way for the conditions of Zimbabwe to be readmitted. We cannot say when we are going to be readmitted as a specific answer because we did not suspend ourselves.
However, it is our wish that this issue is resolved as a matter of urgency. It is also important to know that what we are talking about is international football. This suspension is not saying our children should not play football, no. The league is on, Division 1, Division 2 and the national league – they are on. We are not saying we enjoy any suspension but sometimes it is necessary to swallow a bitter pill so that tomorrow you are okay. It is public knowledge about what has been happening in our football - but sometimes when a remedy is being given; sometimes when you want to take a thorn out of the toe, for some of us who were in the village, we were always having thorns, sometimes somebody would refuse with a thorn but it is good for the thorn to be removed.
What we are basically saying is that it is important that the country cleans itself so that football becomes clean but this is done by stakeholders within that field so that we do not have “games” but real games. Our people are still in international football playing for clubs elsewhere and clubs are working. It is in the interest of Zimbabwe to have clean sport. However, we are saying we wish this problem (just like what Hon Madzimure is saying) gets solved as soon as possible. We are in agreement that it should be solved as soon as possible and we are working on it as a country and not as ‘them and us’. I thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order No. 68
HON. MADZIMURE: I move that time for Questions without Notice be extended by five minutes.
HON. MARKHAM: I second.
Motion put and agreed to.
HON. MADZIMURE: I wish the Minister of Sport was here listening to your response. Can the Minister be in a position to give us a roadmap? It is not good enough to say that soccer is being played. It is not good enough to say that our players who are outside the country are playing because they only managed to be signed because they had played a number of games for Zimbabwe. No player from Zimbabwe can be signed by a big team without having played for his national team. That is exactly what happens. You cannot be signed by Arsenal if you have not played for Zimbabwe.
HON. PROF. MURWIRA: The supplementary question of Hon. Madzimure is in order. We are in agreement that this issue has to be solved as soon as possible. We also are saying you cannot do a roadmap when you did not suspend yourself. We were suspended by FIFA. It is important we remain focused on cleaning the sport and making sure that I do not give a false answer to say in two or three weeks’ time. It is not true if I say that but the most important issue is that this issue is being looked into. Sport has to be clean, football has to be clean. When it is clean and FIFA is happy, the ban will be lifted but it is a governing body which suspended us, so we cannot tell them when. I thank you.
HON. T. MLISWA: My supplementary question is that Zimbabwe is governed by laws and Acts as well. The Sports and Recreation Commission is an Act of Parliament and as a result, the Minister must respond to the action taken by SRC to ensure that there is proper administration of sport in this country. I have a BA Honours in Sports and Fitness Studies but I am not in the administration of sport in this country, yet we have got criminals in the administration of sport. There has got to be accountability. No wonder why you see Cricket and Rugby in the days we used to play it, there was accountability but now the people who are administering these sports never played these sports at all because the sponsors then were willing to put money into people who were prepared to account.
It is within the laws of this country but is it not that FIFA is interfering with the affairs of this country in terms of the law. I want the Minister to respond to that because we cannot be governed by FIFA. We have got laws in this country that govern us and SRC is enacted through an Act of Parliament which is responsible for the administration of sport in this country. Did they not take appropriate action to ensure that it happens?
FIFA is a cartel of a mafia who, all they want from Zimbabwe are votes and they were favouring this administration which was told to stand down. The Minister must respond to that. There is a forensic audit which the previous administration was guilty of and they have been exposed that they were misappropriation of funds. It is correct that you cannot allow people who misappropriate funds to run sport and as such, SRC took that action. As a result, FIFA are interfering in our affairs. Who is FIFA in the politics of Zimbabwe and in the laws of Zimbabwe? Can you respond to that? By FIFA suspending Zimbabwe, it is pretty clear that FIFA interfered in the politics of Zimbabwe. We are a sovereign nation and we stick to our laws. The SRC did what they did to remove these criminals who FIFA wants to use to make sure that they empower and continue their activities.
FIFA has allowed women to be abused in football and they have done nothing. To hell with FIFA! We do not need FIFA in Zimbabwe. We can play football amongst ourselves and this is the time that football must be developed in this country so that we have many Lionel Messis.
HON. PROF. MURWIRA: Hon. Mliswa has expressed his opinions about football. What I can only say is that we would want the sport to be clean and that we are taking steps to clean that sport. I would not be competent enough to comment about FIFA. I thank you.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
ESTABLISHMENT PROCESS OF KUVIMBA MINING HOUSE
- MARKHAM asked the Minister of Finance and Economic Development to explain the following to the House;
- The establishment process and date of creation of Kuvimba Mining House;
- The legal instrument for its establishment, given that Government is the majority shareholder;
- Who the shareholders are, percentage of their shares and what the contributions are in the company;
- Where the company is registered and what is its sister or sub companies are;
- who are the other shareholders directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
- What the current asset value of Kuvimba Mining House - including definable resources is; and to further confirm whether a tender was issued for any disposal or acquisitions of State assets and/or enterprises.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Madam Speaker Ma’am. For all the questions asked by the Honourable Member, we are not yet ready, so we defer to next week.
HON. BITI: On a point of order Madam Speaker. The Standing Orders allow us to ask questions on notice to esteemed Ministers. The Constitution of Zimbabwe allows us to hold the Executive to account and to ask these questions. For Minister Chiduwa to come here for four weeks to say he cannot answer those questions is not good enough. Can you kindly place him on terms? We know it is not his problem but can he be placed on terms so that he answers those questions next week. I thank you very much Madam Speaker.
THE HON. DEPUTY SPEAKER: Hon. Deputy Minister, please may you bring the answers next week on Wednesday without fail.
HON. MARKHAM: Madam Speaker, since they are my questions may I also have a say. The questions have been sitting on the Order Paper for a particular length of time. If you look at them, I have six or seven questions mostly directed to the Ministry of Finance and Economic Development and they are virtually refusing to answer.
THE HON. DEPUTY SPEAKER: He is not refusing to answer Hon. Markham, that is why we are asking him to bring the answers next week.
HON. MARKHAM: Madam Speaker, may I just add some more that are not being answered. When my question on the Chinese loans was answered by the Minister of Finance, captured in Hansard and in his filing with the Clerks, he keeps referring to table 2, there is no table 2 to the attachment. Could the Minister also on the Chinese bring us the ‘so-called table 2’ that he referred to when the question was asked on the 4th November? That takes care of the Ministry of Finance and Economic Development. The Ministry of Agriculture has over three months to give us a statement which you ruled on the issue of the re-entry for the tobacco buying programmes in TIMB. Today, not one of them including the deputies has been to this House. I asked at the peak of the wheat receiving system to the same Ministry for a breakdown of what money has been paid to wheat farmers. I am told by the wheat farmers that they have been paid the ZIM dollar component but 95% of the foreign currency is still outstanding. Again, I have asked four to five times for that and no answer has come. We asked for a statement, they agreed to the statement and we are still waiting. It appears that the Ministers and as you could see by today’s attendance, have no feeling for this House other than contempt. My problem is when that contempt of this House now moves to the Speakers because they have done nothing.
Madam Speaker, I asked for the Justice Uchena Report many times and the Hon. Speaker himself got involved trying to get that thing. We have not received the statement, it is actually on the Order Paper as a question for today and there is no-one to answer. That report was given to the President nearly three years ago. Madam Speaker, coupled with all that, we then also get fed lies by the Hon. Ministers. The Minister of Energy told me in an answer to a written question that Hatcliff will be fully electrified by the end of the year but Madam Speaker, they have not even started.
THE HON. DEPUTY SPEAKER: Hon. Markham, all those issues, I think you need to ask the responsible Ministers and they have already gone out.
HON. MARKHAM: They are never here Madam Speaker. The Minister of Agriculture, when was he last in this House? His deputies need directions on how to get to Parliament.
THE HON. DEPUTY SPEAKER: I advise you Hon. Markham to do the follow up with the Parliament Administration.
HON. MARKHAM: I hear your ruling Madam Speaker, however I must say that I believe that there is a problem with Parliament when you cannot get statements from Ministers delivered here, that is ridiculous.
On the motion of HON. R. R NYATHI, seconded by HON. MATHE, the House adjourned at Twenty-Six Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 1st March, 2023
The Senate met at Half-Past Two o’clock p.m.
PRAYERS
(THE ACTING PRESIDENT OF SENATE in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MATHUTHU: I move that Orders of the Day Numbers 1 and 2 on today’s Order Paper be stood over until Order of the Day Number 3 has been disposed of.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 7TH MAY 2022 BY-ELECTION
Third Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the 7th May 2022 By-Elections.
Question again proposed.
*HON. SEN. MOEKETSI: Thank you Mr. President for giving me this opportunity to add my views on the motion by the Minister of Justice, Legal and Parliamentary Affairs. It is a very good motion which seeks to unite us as Zimbabweans. Before we commence our campaigns, the President himself should summon leaders of all political parties and tell them very strongly that a country is build by its own people. Sometimes it is as if we only hear that mantra from the media or somewhere but the President himself is always saying we must unite because the citizens are the ones that have a duty of building this country.
The President must summon the leaders of all political parties and emphasise that point. If there are any of them who are deviant, he has the right to disqualify them. That can assist us because people do things deliberately and wantonly whilst the citizens are suffering. The people who die from political violence are citizens of this country. It is very important that the President should tell them face to face and warn them that whoever sends hooligans to attack any party supporters should be disqualified because they have defied the President.
I know that we are there as opposition politicians but let me say when I am here, I listen to what the sitting President says. It must not be continuous chaos. We must listen to the sitting President. He is not talking behind the scenes but openly saying let us unite as citizens and refrain from political violence and intimidation. That must include all candidates. If your candidate is involved in violence, as a leader, you should bar that candidate from contesting. The President must come strongly to enforce that so that we build our country as Zimbabweans. I thank you.
HON. SEN. MATHUTHU: I move that the debate do now adjourn.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March 2023.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
*HON. SEN. CHISOROCHENGWE: Thank you Mr. President for affording me this opportunity to add my views on this motion raised by Hon. Sen. Mpofu. I would like to debate on three issues, the first one is on agriculture. Agriculture is very good particularly the Pfumvudza/Intwasa that led to a bumper harvest compared to previous years. I really would like to applaud His Excellency the President, indeed it was a very good programme. I noticed that this year people got their inputs very late. Some of the people got their fertilizer very late; people must receive their inputs in time.
Secondly, cotton farmers last year had very good yields but some of the farmers were not happy because they were expecting money from cotton. Some companies paid cotton farmers using groceries, so Government should intervene because that discouraged farmers. How can they be paid in groceries when they were expecting some cash? This must be looked into.
We have large scale commercial farmers on the way to Chinhoyi, some of them hire tractors and other implements that they pay in US dollars. After harvesting, when they are not taking their crops to Grain Marketing Board, they are paid in local currency instead of US dollars. So, some of them prefer to sell their crops on the parallel market. When they get paid in RTGS, they then are supposed to retrieve or buy US dollars on the parallel market. This also encourages parallel market activities because they are supposed to then buy inputs using US dollars. Farmers must be paid using a currency that is accepted everywhere.
With regards to roads, most roads have dilapidated especially in rural areas. Most roads in the rural areas just need to be upgraded using graders, so we are encouraging the Government to look into that. In the urban areas, it is now difficult to navigate because the roads are severely damaged.
We must unite as Zimbabweans for that progress to be attained. Some of the roads that we see being repaired, we realise that the top layers peel off easily and grass grows on those roads, which means they were poorly done. The road from Shurugwi to Masvingo along Chachacha, you cannot use that road; there are a lot of potholes. As soon as you get to Masvingo sign post, the roads are very good and so you wonder what the difference is. It seems like it is a different country all together. Other areas have very poor roads whilst Masvingo has better roads. So, if they are waiting to tar those roads, they must simply grade them.
With regards to BEAM, I understand more than two million children benefited. That is very good because the disadvantaged children then get access to attend school. There are questions though because in some schools, children access BEAM funds while in other schools, this fund is not offered to the disadvantaged children. What is happening? I think there is corruption or people are engaging in corrupt activities. Some schools get full payments from January to December whilst in other schools, the funds are disbursed may be for just half a year; then the school demands payment from parents.
With regards to mines, although this can be worked upon, mining activities are destroying roads and causing environmental degradation. There are a lot of illegal mining activities that cause a menace to the environment. Mining is also attracting young boys who drop out of school as early as Grade 5 to engage in illegal mining activities. That should be rectified and industries must open so that illegal mining activities may be reduced.
Parents must teach children the goodness of being educated so that they will not rush to drop out of school because they want to find quick money. The other issue is of gold smuggling. Stiffer laws must be imposed on those found with illegal gold. It is very difficult to arrest the perpetrators but measures must be taken. All stakeholders must put more effort in curbing gold smuggling. With those few words, I thank you Mr. Chairman.
THE ACTING PRESIDENT OF SENATE: Here, there is Temporary President, there is no Chairman. Chairperson is only referred to at Committee Stage. Thank you Hon. Sen. Chisorochengwe, maybe it is because you might not be very conversant in English.
HON. SEN. MATHUTHU: Mr. President, I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MATHUTHU: Thank you Mr. President. I move that Order of the Day, No. 5 on today’s Order Paper be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
MOTION
PROMOTION OF DEVELOPMENTAL PROGRAMMES FOR THE PROTECTION OF THE ENVIRONMENT
Sixth Order read: Adjourned debate on motion on the sustainable management of waste.
Question again proposed.
HON. SEN. MATHUTHU: Mr. President, I move that the debate do now adjourn.
HON. SEN. KAMBIZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March, 2023.
MOTION
PROTECTION OF VICTIMS OF TRAFFICKING
Seventh Order read: Adjourned debate on motion on measures to combat human trafficking.
Question again proposed.
HON. SEN. MATHUTHU: Mr. President, I move that the debate do now adjourn.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March, 2023.
MOTION
REPORT OF THE 145TH ASSEMBLY OF THE INTER-PARLIAMENTARY UNION AND RELATED MEETINGS
Eighth Order read: Adjourned debate on motion on the Report of the 145th Assembly of the Inter Parliamentary Union and Related Meetings held in Kigali, Rwanda.
Question again proposed.
HON. SEN. MATHUTHU: Mr. President, I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March, 2023.
MOTION
CONSTRUCTION OF SCHOOL INFRASTRUCTURE AND RECRUITMENT OF ECD TEACHERS
Ninth Order read: Adjourned debate on motion on the challenges affecting early child learning.
Question again proposed.
*HON. SEN. KOMICHI: I would like to thank Sen. Mabika who brought up this good motion. It is important for children to attain education. I remember as we were growing up, we used to be told that you can only go to school when you are a bit grown up. The measurement would be to touch your ear with your arm across the head. That means you have grown up and the disadvantage is that you have missed a good opportunity of learning some other things that you will find difficult to acquire the skills because of your age now. That disadvantaged the blacks for us to be able to attain and acquire certain skills because of going to school at an older age.
It is very important for a younger child to learn new things according to their level of brain or thinking because they do not have or think about a lot of things that may make them lose focus. They have an almost 90% focus on education as long as they get enough food. That is the right age for them to learn, compared to older people who may be easily distracted by other things.
So since we realised later that education might be attained at an earlier age, we need to support the education system with everything in terms of syllabus. Let us also insure that we panel beat it to their age so that they attain relevant skills that may assist them in the development of the country in future. If you look at other countries, for example when I was in Form 4, I was taught by an expatriate teacher from Romania. He used biology notes from Grade 4 notes from Romania. He used to say those are the books that we are using at O’level in Zimbabwe while in Romania the level was for Grade 4.
I was really disturbed by that. So what it means is that a Grade 4 child in Romania thinks better than me while I was in Form 4. So it is very important because we missed educational growth at our age. So I really implore the Ministry of Primary and Secondary Education and Government to avail all the necessary resources especially at preschool or ECD. Look at how young children are capable of using IT or cell phones. Even without formal education, they are able to maneuver and navigate their way. That shows that their brains are capable.
I really applaud the motion raised by Sen. Mabika. We really need to support the education of our children because they are the future. A country’s success depends on original thinking because when they grow up, they resort to copy and paste. So early learning should be supported financially. Mr. President, I thank you.
*HON. SEN. CHIRONGOMA: Thank you Mr. President. I also would like to support the motion brought into this House by Hon. Sen. Mabika on early childhood learning. Indeed, it is very clear that early learning for children, ECD A and ECD B is very important. We used to call it Sub A and Sub B then we would proceed to Standard 1.
I remember during those days when we used to go to school, Mr. President, our level of thinking was very low as compared to the present day child who is in ECD A or B. If you go, you will be told the names of their teacher and they will speak to you in fluent English. They are able to read very well. We used to count from 1 to 10 but today they can count up to 50 or 100 even before they formally start school. So that shows that potential should be tapped into these young children so that they are nurtured. All the folk stories that they are able to recite is amazing. These days they are very focused on education. Recently, I was complaining; a brand new car was written by my grandchild 1, 2, 3, 4. So it is written 8 in front. It is 4+4. They show that level of education.
I am also of the belief that giving them education at a tender age is very important. I remember debating in this House that if an arrested woman with a young child goes to jail, that child does not get access to the exposure that those who are not in prison get. These days they are able to navigate their way on the roads because they get education early. I encourage that education must be enforced and people should be encouraged to take their children early to school. I believe even education on drug abuse should be imparted at such an early age and I believe that will give us a better future generation.
I would like to support the notion that at that early age, children should be taught against abusing drugs because at an early age, they report easily whatever they see or whatever they come across innocently. They can report on whatever they see and after you have taught them that such things are bad, they will come back to report if they see those things. So, indeed that effort should be supported and encouraged. I thank you.
+HON. SEN. C. NDLOVU: Thank you Mr. President Sir. I would like to thank Hon. Sen. Mabika for moving this very important motion on challenges faced by early childhood learning. Firstly, I would like to bring our view as Senators in saying ECD pupils have not yet been taken seriously. From where I come from, school infrastructure is not there yet, that is the appropriate infrastructure for these learners. Many ECD classrooms especially may be from Matabeleland Province, most of the classrooms are still under renovation or they are still under pole/dagger and thatch form.
Due to the incessant rains, most of them are falling. In most cases, when children are young, we give them the impression that school is not important because the classrooms that they are using on daily basis are not appropriate for learning purposes. My plea is that those responsible for the education sector should look at it from a psychological view as to how important it is to make sure that we provide good classrooms for these kids. For example, there is a school that is under construction in Nkayi North, Ward 6 at Thobani Village. When I got there, I found villagers cutting down trees so as to provide roof for a particular classroom after the first classroom they were using was damaged. As such, you ask yourself, as a country, as a Ministry responsible for education; are we prepared to see our kids learn appropriately under such conditions?
The second issue, when children are in ECD, between three to seven years, this is where they capture most of the things that are to do with their experiences. This is the time where they are exposed to unfavourable conditions, such as the conditions that they are learning under. Young learners at that particular time need to learn using their mother language which will make them easy to understand certain things. Right now, there are teachers who are facing difficulties speaking to these children because of language barriers. We would like the Government to look at such issues because if you look at the Grade Seven results, which we continue to indicate that they are bad in these particular areas, what is contributing to this is the poor foundation that we put those learners under.
This is a critical issue that we need to look into. Therefore, it is my plea that early childhood learning is taken seriously because it has results as children continue to learn. Even teachers teaching ECDs should not be place holders, where they spend most of their time playing but they should be teachers who are taught to teach ECD learners. This will help us if, as a country, we are indeed serious about seeing good progress from our learners. If you are to look at learners from other countries, you will realise that when they get to their primary schools, they are showing great development but as Zimbabwe, our major challenge is that in most cases, we try to teach our children English, which in most cases is not the language that they use in their homes. When they are taught their mother language from home and when they get to school, they are taught English, it creates problems in children’s minds. Therefore, my plea is that those responsible for education should see to it that what we are doing is giving us the positive results that we are anticipating not to just realise it through the failure of our Grade Seven learners. This is due to the fact that our foundation is very bad.
HON. SEN. MABIKA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Thursday, 2nd March, 2023.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. MATHUTHU, the Senate adjourned at Twenty Minutes past Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 28th February, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
*HON. CHIBAYA: Thank you Mr. Speaker. I rise on an issue of national interest pertaining to electricity. There is a lot of load shedding in the whole country from 05.00 am till 12 midnight whilst people are asleep. This causes loss of business in industries and also affecting domestic use of electricity. May the Minister of Energy and Power Development come to Parliament and issue a Ministerial Statement on what the Ministry is doing to ease this load shedding.
*HON. CHINOTIMBA: I also rise on a matter of national importance concerning Members of Parliament’s (MPs) accommodation. Yesterday MPs had to sleep in their vehicles because there was no accommodation at hotels. Some MPs who arrived on Sunday were given accommodation but those who arrived on Monday did not get accommodation. The hotel administration said an upfront payment should be made. We enquired from our Chief Whips who said Parliament has said they cannot pay – Treasury said they want to pay a certain amount which is not what Parliament needs for hotel accommodation. Up to this day, there are some MPs who do not have hotel accommodation and are still sleeping in their vehicles. Maybe this is happening because we are coming to the end of our term – we do not understand.
We know you Mr. Speaker as someone who stands up for us even during budget time. May you intervene with regards to accommodation or maybe arrange for virtual meetings or we close for some time until this is resolved. We will only have a problem of connection since there is no electricity most of the time and electricity poles are falling – [HON. MEMBERS: Inaudible interjections.] – I saw a female MP who had nowhere to sleep and one male MP had to give up his accommodation to her and he slept in his car. We have to pass a lot of Bills and I do not think virtual is ideal. May you please intervene with regards to this issue Mr. Speaker? – [HON. MEMBERS: Hear, hear.] –
THE HON. SPEAKER: Thank you Hon. Chinotimba. I was told by the Clerk of Parliament about the issue and he told me that he spoke to Mr. Guvamatanga, the Permanent Secretary. I believe that Treasury is going to pay so that Hon. Members have accommodation. – [HON. CHINOTIMBA: Inaudible interjection.] – You have engaged me, so why not wait until the end of the day; this issue is going to be resolved this afternoon.
If there is a challenge, we are going to escalate the issue like what we did regarding the Delimitation Report. We had a challenge like the one that we are facing and we engaged His Excellency the President. His Excellency then gave an instruction that there should be payment of that money. So we do not want to continue engaging His Excellency as if he is the Minister of Finance. The budget is there, Parliament passed that budget, so the money should come to Parliament. I thank you.
*HON. TEKESHE: My concern pertains to health issues, I accompanied two people who were sick to Nyanga and Rusape Government hospitals. There are no wheelchairs, no stretcher beds and medicines. I then took the sick to Bonda Mission Hospital and they were saying that they were overwhelmed by the whole of Manicaland Province. They asked why the sick were not going to Government Hospitals and I told them that they preferred mission hospitals because Government hospitals do not have medicines, equipment and even painkillers.
As Members of Parliament, we end up paying to assist the people who are sick, yet they are supposed to be benefiting from Government. Government health provider, PSMI is not providing any service but people are contributing.
Therefore, I request that the Minister gives us a Ministerial Statement. Building hospitals without tools of trade such as scans, X-ray machines and medicines is not good enough. It is my request that something be done so that people get medication. People are dying before their time, they are given prescriptions and go to pharmacies which require USD, of which many do not afford.
Furthermore, as the Chief Whip, I am receiving complaints from Parliamentarians about their allowances and the issue of accommodation which has been alluded to by Hon. Chinotimba earlier on. Mr. Speaker, may this issue of allowances be resolved and treated with urgency.
+THE HON. SPEAKER: Hon. Tekeshe, I would advise that you ask those questions tomorrow during the Question Time session so that you get a response from the responsible Minister.
HON. MOKONE: Thank you Mr. Speaker Sir. I stand on a matter of national importance. In my province Matabeleland South, there is a mine called Vubachikwe Gold Mine. Last year the workers downed tools because of non-payment of salaries and this led to the closure of essential services like water and ZESA.
The workers have not been receiving their salaries for the past seven months. This means also that even the schoolchildren are not attending schools because everyone has now resorted to gold panning.
Mr. Speaker Sir, may you allow the responsible Ministry to come to this House and tell us the measures they are taking to address the plight of these workers? I thank you.
THE HON. SPEAKER: Be guided that the issues to be raised must be so comprehensive that they are of national importance. This is a specific issue and I would have suggested that you ask the Minister responsible tomorrow during the Question and Answer session.
MOTION
BUSINESS OF THE HOUSE
HON. R. R. NYATHI: I move that Orders of the Day, Numbers 1 to 6 on today’s Order Paper be stood over until Order of the Day, Number 7 has been disposed of.
HON. T. MLISWA: I second.
Motion put and agreed to.
COMMITTEE STAGE
INSURANCE AND PENSIONS COMMISSION AMENDMENT BILL [H. B. 6, 2021]
Seventh Order read: Resumption of Committee: Insurance and Pensions Commission Amendment Bill [H. B. 6, 2021].
House in Committee.
On Clause 2:
HON. MUSHORIWA: On a point of order Hon. Chairman. I submitted some amendment to this Bill two weeks ago but I am not seeing them on the Order Paper. I just want to find out how we are going to deal with it. I was made to believe by the Journals Office that they would be on today’s Order Paper.
THE DEPUTY CHAIRPERSON (HON. MUTOMBA): Hon. Mushoriwa, Clause 1 was actually dealt with on the day that the House adjourned and today it is continuation. We are starting on Clause 2. Were your amendments to the Hon. Minister relating to Clause 2 or to any other clause?
HON. MUSHORIWA: They were in relation to four other clauses.
THE DEPUTY CHAIRPERSON: So it actually means that if they are in front of Clause 2, it means you are going to see your amendment because we have a list of the amendments here. – [HON. MUSHORIWA: Thank you.] – Thank you.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Hon. Chairperson. I move the amendments standing in my name to Clause 2 for consideration, that: -
Section 2 (“Interpretation”) of the Insurance and Pensions Commission Act [Chapter 24:21] (hereinafter called the “principal Act”) is amended—
- by the repeal of the definition of appointed member.
- by the insertion of the following definitions—
“closely related” means any person who, the following shall be—
- a father, mother, in law, brother or sister of the person;
- a partner of the person, unless a court or the Commissioner is satisfied that neither person acts in accordance with the directions, requests, suggestions or wishes of the other;
- a partner in a partnership, if the person, either alone or together with one or more associates, controls fifty per centum or more of the rights to the partnership’s income or capital;
- the trustee of a pension fund under which the person, or an associate of the person, benefits or may benefit;
- trustee of a pension fund, or any other person who benefits or may benefit under the pension fund; and
- where the person is a company—
- a person who, either alone or together with one or more associates, controls the company; or
- another company which is controlled by a person referred to in subparagraph (i), either alone or together with one or more associates”
“asset” includes any property and any right, whether vested or contingent, of whatever kind provided that shares shall be exempted from being designated as assets.
Amendments to Clause 2 put and agreed to.
Clause 2, as amended, put and agreed to.
On Clause 3:
HON. BITI: Mr. Chairman, it is both a substantive and drafting amendment. If you look at the current Clause 3 (a), it says, ‘the object of the Commission shall be to promote the maintenance of a fair, safe and stable insurance and pension sector for the benefit and protection of policy holders and pension and provision fund members.’ That (a) should be split into two so that the first (a) should just be ‘to promote the maintenance of fair, safe and stable insurance and pension sector.’ Then (b) should be to protect policy holders and pension and provident members. The protection becomes a major objective of the Commission. This is necessary Mr. Chairman because of the pain that pensioners have suffered due to a weak regulatory framework due to hyperinflation, due to other factors. So the promotion should be a stand-alone objective of the Commission. Then the issue of ensuring a fair industry is a separate object. So let us split (a) into the promotion of fair industry and the protection of policy holders as a stand-alone imperator and objective of the Commission. I do not think the Minister will object to that because as it is, it is wordy, cumbersome and longwinded. So let us split that (a) into an (a) and a (b). Then the current (b) becomes a (c).
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Mr. Chairman. I thank the Hon. Member for the submission. If we are to look at his submission, we are basically looking at a drafting problem and his proposal is meant to enhance the strength of the provisions as already provided for. I do not have any objection to what he has submitted because it does not change the material standing of the Clause. I submit.
Amendment to Clause 3 put and agreed to.
Clause 3, as amended, put and agreed to.
On Clause 4:
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Mr. Chairman, I move the amendments standing in my name that on page 4 after line 14 of the Bill, delete clause 4 and substitute with the following—
Section 4 (“functions and powers of Commission”) of the principal act is amended—
- in paragraph (c) by the insertion of “and regulate” after “monitor”;
- by the insertion of the following paragraphs—
“(g) to approve, for purposes of continuing or commencing operations in the insurance and pensions sector, actuaries, auditors, asset managers, credit rating agencies and other service providers; and
- to research and implement on the international best practices in the insurance and pension sector; and
- to facilitate insurance and pensions market development; and
- to produce and implement policies, guidelines, standards, directives and circulars to guide the sector on insurance and pension matters; and
- to conduct investigations into any particular registered person or class of registered persons, where the commission considers such an investigation necessary for the purpose of preventing, investigating or detecting a contravention of this act or any other law governing the pensions and insurance sector.”
HON. MUSHORIWA: Mr. Chairman, I had put some amendments to this Clause and one of them has been dovetailed and covered by the amendment by the Hon. Minister. The one amendment that needs to be put to this Clause is a new subsection (k) which says that this Act shall apply to all insurance, pension and medical societies notwithstanding anything to the contrary in their enabling instruments. What basically we are saying is that the IPEC Act should supersede any other legislation in as far as insurance, pension and medical societies are involved. We are aware that we have been told that no, because NSSA was done through another Act of Parliament, medical societies were done through another Act of Parliament but we are simply saying that for the sake of this Bill, the IPEC Bill should actually apply to all insurances, pensions and medical societies, notwithstanding anything to the contrary.
So, this Bill becomes major just like we do with the RBZ which is overally in charge of all financial institutions. It does not matter whether the Women’s Bank falls under the Ministry of Women Affairs but when it comes to the operations, the RBZ ought to have a say and this is the same thing that we are arguing that IPEC should be equipped to make sure that every insurance, pension house or medical aid society should fall under IPEC one way or the other.
HON. BITI: We strongly object to the proposed amendments by the Minister. We want the Bill to stand as it stood with the improvements proposed by Hon. Mushoriwa. You cannot have NSSA operating unregulated. It receives billions of dollars from the working people of Zimbabwe. It administers the primary social authority care for workers in Zimbabwe. So, it is bigger than all the other insurance schemes that the regulator IPEC is looking to oversee. So it must be regulated. There is no body or institution that is unaccountable. The regulator must regulate NSSA.
Medical aid societies are suffering due to mismanagement. If I take the Public Medical Aid Society (PSMAS), it is on the verge of collapse through mismanagement. The other year we had cash back where the former Chief Executive Officer of PSMAS, Cuthbert Dube was paying himself US$200 000 and an office orderly was paid US$65 000 per month. If you look at the definition of insurance, insurance simply means the payment of a certain amount in anticipation of a contingency. So, medical aid society is the payment of an amount like normal insurance based on an anticipated contingency, so it is insurance. If it is insurance, it must be regulated by IPEC.
So, medical aid societies and NSSA must be regulated by IPEC as was the original amendment to the amendment. The removal is strange because when amendments are made to a Bill, they would have gone through the Cabinet Committee on Legislation and the principles would have been accepted by Cabinet. So why is the Minister now seeking to revise Cabinet? Is the Minister now the President of the Republic of Zimbabwe? I do not think so. So the original amendments must stand and we cannot have an unregulated dog eat dog, a situation where the working people are compromised. The health system has been compromised in Zimbabwe because of the shoddy services provided by medical aid societies. My own mother is a member of CIMAS but she does not get anything. I have to subsidise her as a firstborn and I am telling you, I know of people who are dying in places like India and other countries because CIMAS is refusing to pay for them. So CIMAS and PSMAS are sacred cows in this country and must be regulated by IPEC.
*HON. MADZIMURE: Hon. Chair, the amendment that has been brought by the Minister is very important and cannot just be brought to the House but has to be taken to the people first. I am saying that because Hon. Mushoriwa alluded to it and Hon. Biti supported. What is happening at NSSA is that money is just taken and no-one is accountable and that also happens at PSMAS. Because there is no accountability, we are all affected by what is happening at PSMAS. As I speak, if you go to Fife Ave where those on Executive Medical Aid Plan by PSMAS used to be treated, it is now closed and no-one asks what is happening but people are contributing their money. Even the Minister does not know where to go if Westend is closed.
So, this issue of allowing people to continue personalising State institutions; right now the General Manager of NSSA is said to be on the run and they are just taking money willy nilly. So, the Minister should clarify why he thinks no-one should question NSSA. This then implies that there were a lot of people who took money and are trying to cover their tracks. This is a major amendment that cannot be just discussed here and concluded or brushed aside because it affects the people of the nation. We cannot have this amendment just changed like that when that was done in Cabinet until it came to the Committee and had hearings and concluded those hearings, now you want to change the Bill in this august House. I do not think that is proper. So Hon. Minister, may you leave it as it was because you are raising emotions.
HON. MARKHAM: I just want to buttress what has been said. We must remember with NSSA; NSSA has already got the competitive advantage over all other insurance companies by being a mandatory payment. Every single worker pays into NSSA and yet when it comes to the pensioners, they are receiving the least. One has to ask, with that competitive advantage, if you leave them out of this Bill so that they are not covered, who is going to oversee them? You have to ask yourself who is overseeing them now when all these mischiefs are occurring, including below average share transfers. All you are doing is; you are reaping the pensioner and when he wants his pension, he is voiceless because he is too old and not working. As a result, NSSA is becoming a feeding trough. There is no way there is logic in leaving NSSA out of this Bill.
Secondly, when we go on to medical insurance and medical aid companies, they must be regulated like everyone else. My prayer is that the Bill is clear that we cover these people completely. There is a mantra going round - leaving no-one behind. In this case, leave no-one behind as they must all be covered by the Bill.
HON. CHIDUWA: Thank you Chair and thank you Hon. Biti, Hon. Mushoriwa, Hon. Madzimure and Hon. Markham for your submissions, which converged towards a very critical point where we are saying we cannot leave NSSA, the Medical Aid Society to be on its own without regulations. I think this is very important for us because we would want to protect the members of the public and those investing in their health and investing as part of their pensions.
What I would want to bring to the attention of the Hon. Members is that it is true that the amendments went through the Cabinet Committee on Legislation, which I am also part of. We are however guided by the AG’s office in terms of whether the provided amendments are in sync with the already existing legislation. I would also want to draw your attention to the NSSA Act. In terms of how it has been presented by Hon. Mushoriwa, I do not think there is a problem in having the IPEC Act being the supreme Act when it comes to insurance and pensions. But we have a problem where NSSA was established through an Act of Parliament, we can only do this if we amend the NSSA Act first. What is important is for the Hon. Members to cause for the amendment of the NSSA Act which can be brought to this august House through a Private Member’s Bill. We can identify the offending clauses and bring them here. This is what can cure our problem. So if IPEC is the supreme law, then NSSA becomes subservient to that and we do not have a problem with it.
On the Medical Act, unless if what I got is not correct, the medical aid is going to be covered under the Medical Services Bill. This Medical Services Bill will then accommodate the Medical Aid Societies. I so submit.
I move that we report progress and seek leave to sit again.
HON. BITI: Mr Chairman, as a question, law and I am speaking now as a senior lawyer in this country, what the Minister was saying is not correct. You do not need to amend the NSSA Act to make IPEC be the regulator because it is regulation and not management – just like we have not amended all Acts of Parliament to accommodate Parliament’s oversight functions; just like we did not amend other Acts of Parliament when we passed the Corporate Governance Act. As a question of law, Minister, you were misled. If you were telling the truth, you were misled; there is no law like that even in hell. It is not correct; we can adjourn Mr. Chairman.
HON. T. MLISWA: On a point of order, failure of Ministers to be here does not render the whole process or other Ministers useless. It is part of Section 107 of the Constitution of Zimbabwe and the Minister is doing what he has to do but it seems as if he needs to consult. This adjournment is for purposes of consultation. We cannot give him room to consult. He has the powers vested in him to take on what people want. The issue of the Act not being amended because of another Act is the same as why did they not do the same with the PVO Bill. He went all the way to burn the whole bush over a rabbit, yet there are laws and Acts which are able to talk to any violation, whether its money laundering or something. I am shocked that the other side is telling us that but you went to town about the PVO Bill, yet there are laws which were there to deal with any infringement of that. We cannot allow him to get away with murder. We cannot have different strokes for different folks. It does not work like that. Let him deal with the issues as they are. This is what Parliament wants – if at all we have made a mistake like any other mistakes we made with other laws, others will get to amend them. . If there is anything, they can be realigned anyway. I do not know why we should adjourn the debate . The Minister is capable – he is a very learned and effective in many ways. I do not know why he thinks he cannot stand and make decisions. He is protected by Section 107 of the Constitution that Ministers, Deputy Ministers and Vice Presidents will be answerable to this House. He is doing a good job, so keep on doing the good job so that you can be remembered as a Minister who protected the people’s investment through NSSA where there is so much corruption happening. . That move of having NSSA regulated will help the country in making sure the pensioners’ interests and pensions are well served other than living it to the looting teams. I thank you.
HON. HWENDE: I think there is need for a ruling.
THE DEPUTY CHAIRPERSON (HON. MUTOMBA): No debate Hon. Hwende.
*HON. HWENDE: You need to make a ruling - we cannot adjourn because of people who do not come to Parliament. These Ministers who are supposed to be consulted should have been here in Parliament. As Members of Parliament, we are ready to debate and make the law; it is our responsibility. Even without accommodation, we are ready to make the law.
House resumed.
Progress reported
Committee to resume: Wednesday, 1st March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. R. R. NYATHI: I move that Orders of the Day Numbers 1 to 4 be stood over until Order of the Day Number 5 has been disposed of.
HON. MAHLANGU: I second.
Motion put and agreed to.
HON. T. MLISWA: On a point of order, it becomes very difficult for us to keep on debating and seconding motions and along the way, when the debate is on it is stopped. What guarantee do we have that this one will not be stopped again? I did second this IPEC Bill and the next thing during the debate, it was stopped. How many other debates will be stopped – I do not know because precedence has been set....
THE HON. DEPUTY SPEAKER: Hon. Mliswa take your seat, you are out of order.
SECOND READING
INSURANCE BILL [H. B. 1, 2021]
Fifth Order read: Second Reading: Insurance Bill [H. B. 1, 2021].
HON. DR. NYASHANU: Thank you Madam Speaker Ma’am. I rise to present a report on the Insurance Bill by the Committee on Budget, Finance and Economic Development.
- Introduction
1.1. Since the attainment of independence in 1980, there has been very little progression in terms of strengthening the regulatory framework in the insurance and pension industry, which resulted in legislative and policy gaps. The Insurance Bill, which was gazetted on 10 September 2021, seeks to repeal the current Insurance Act and usher in best practices which have long been missing in the industry as well as enhance protection for policy holders. The Bill also seeks to align the laws in the sector with the Constitution and the Justice Smith Commission of Inquiry of 2017.
1.2. The review of the envisaged laws governing insurance, public and private occupational pension funds should facilitate for the recommended reorganisation of the insurance and pension industry. This process of legislative reforms once completed would present a new era in the insurance and pension sector, particularly stabilising the sector which contributes immensely to economic development as the country strives to become an upper middle income economy by 2030.
Background
2.1. In 2014, Cabinet approved the key principles to regulate the carrying of insurance business in Zimbabwe and to repeal the current Insurance Act (Chapter 24:07). However, the process never saw the light of day until the coming in of the new dispensation, which has shown commitment in aligning the laws with the Constitution and addressing the concerns raised by the Justice Smith Commission of Inquiry as well as to align the sector with international best practice.
2.2. One of the challenges raised by the Commission of Inquiry was loss of value attributed to insurance companies and pension funds which failed to index contributions, premiums and benefits to inflation; arbitrary and prejudicial conversion methods from ZW$ to US$; arbitrary terminations of products and closures; pension contribution arrears; failure to separate insurance, pension and shareholder assets; poor record-keeping as most institutions could not account for assets; investment returns and individuals’ contribution records; poor corporate governance practices; unsustainable administration and other expenses as high as 300% of pension contributions as well as compromised provision of actuarial services and absence of skills.
2.3. In light of that, there was urgent need to revamp the sector through reviewing the legislation to address such discrepancies and loopholes that have negatively impacted on the sector.
3.0. Methodology
3.1. Section 141 of the Constitution requires Parliament to engage the general members of the public in its legislative processes and consult them on any Bills being considered in the August House. Therefore, in fulfilment of this constitutional obligation, Parliament through the Portfolio Committee on Budget, Finance and Economic Development conducted public hearings on the Insurance Bill to gather the views of the key stakeholders and the people of Zimbabwe.
3.2. In light of the technical nature of the Bill, the Committee invited the Insurance and Pension Commission (IPEC) to unpack the Bill prior to conducting public hearing in selected provinces in the country. The Committee was then invited to participated at a two-day workshop at Leopard Rock Hotel, Mutare where the Bill was unpacked by IPEC.
3.3. Public hearings were then conducted from 13 to 16 March 2022 in Bulawayo, Mutare and Harare. Generally, attendance by the people of Zimbabwe was very poor as only a total of 25 people attended the 3 consultative meetings, as follows, Bulawayo (17), Mutare (1) and Harare (7).
3.4. The Committee then deliberated on the submissions received together with the views raised during the two-day workshop by the Committee and IPEC which forms this report.
4.0. Summary of Submissions on the Bill
4.1. Clause 2 on application of the Act gives the responsible Minister the powers to exempt certain entities from the application of the Bill. The Committee noted with concern that Subsection (b) and (c) must be reviewed as it gives the Minister the powers to gazette a statutory instrument or regulations which can be subject to causing arbitrage in the sector as some insures are exempted while others are not.
4.2. Clause 3 provides definitions of terms used in the Act. The public observed that the definition of the word “premium” as used in the bill was wrong and misguiding from an insurance practitioner perspective. Reference was made to the usage of the word ‘benefit’ in defining ‘premium’ which is normally applied to long term insurances such as life policies and pensions. The public argued that the word ‘benefit’ does not apply in paying a short term claim. Hence it was recommendation that IPEC should assist with the actual definition of the word ‘premium.’
4.3. Clauses 6 and 7 on registration of insurers raised so much debate among Committee Members who felt that there was need to put minimum qualifications for registration of an insurers in addition to other requirements outlined in the Bill. The Committee also suggested that an additional clause be included which requires the Commission to complete the registration process within 21 to 30 days from the date of receipt of an application.
Clause 7 on registration of insurers by the Commission. Subsection (2) (iii) which requires ‘at least half of the applicant’s directors’ are either citizens or permanent residents of Zimbabwe must be amended to read ‘at least two thirds of the applicant’s directors.’
4.4. Clause 10: The Committee highlighted the need for a new insertion (d) which mandates the Commission to also publish any notice of registration and of cancelation of registration of an insurer on the website in addition to those proposed in the Bill. Then the current subsection (d) becomes (e).
4.5 Clauses 11 and 12 provides for the registration of insurance brokers, loss adjusters and insurance surveyors. The subheading for clause 12 is not complete as it states that, “Registration of insurance brokers, etc.” However, the public noted in a Bill, all subheadings must be complete and specify exactly what they seek to achieve. Thus, it was proposed that the subheading be completed and also to include a new insertion for registration of other players in the market, such as claims settlement agent to cater for the small insurance agencies or other agencies in the sector.
4.6. Clause 14 on the cancelation of registration of insurance brokers, loss adjusters and insurance surveyors, it was also proposed that all gazettes be standardised and published also on the website in addition to other proposed medium of communication.
4.7. Clause 33 was welcomed by the stakeholders in the industry as it is a new provision. Currently, the Minister make use of a directive through a statutory instrument to provide for board of registered insurer and insurance brokers. However, concerns were raised on the manner in which the word ‘insurer’ is being used to refer to three different aspects.
Firstly, the insurance companies, secondly, the re-insurance companies and thirdly to other insurance players. This was highlighted to be potentially confusing in the insurance market. Recommendations were made on this logjam, highlighting that there is need for the bill to distinguish the insurance players and not necessarily use the word ‘insurer’ to refer to any insurance player. Specific reference on the likelihood for confusion in clause 33 was made on where an insurer is referred to as an ‘insurance company’ and subsequently called an ‘insurance broker’ in the same subsection. Emphasis was therefore made on the need for clarity on the actual names given to insurance players.
4.8. Clause 36: The public raised concern on the definition of “significant interest” given in the Bill. The public posited that clause 36 failed to provide specific information on when and how the commission would be defining and quantifying the interest. Members of the public also recommended that there should be clarity on the process in the event that an insurance company is a public listed entity.
Subsection 2 of the Clause must also be reviewed. The Committee noted with concern that the term ‘knowingly’ must be deleted so that it does not create confusion in the interpretation of the law.
4.9. Clauses 37 and 38 are new provisions to curb abuse of shareholder funds through investing in off-shore markets. The Committee welcomed the idea of having IPEC to approve all opening of subsidiary branches outside the country as it will seek to safeguard the best interest of the country.
4.10. Clause 39: Members of the public welcomed clause 39 which seeks to encourage the sharing of policies and the creation of procedures on how insurance companies can share a particular risk. They however called on the Committee to ensure that the Bill specifically highlights “co-insurance” in the clause which indicates that two entities can agree to jointly insure against a risk.
4.11. Clause 41: The public recommended that the requirement in this clause for brokers to remit premiums timeously with seven working days be reviewed. Firstly, the use of the term insurance broker alone is not adequate. The provision must apply to every registered insurance broker, insurance agents or other parties that receive premiums. Secondly, the prescription of seven working days is problematic as it becomes a long time in a volatile environment. Thus, the people and the Committee recommended that IPEC from time to time review through regulations of delegated law the period depending with the market volatility.
4.12. Clause 44 requires the Commission to request insurers to furnish information regarding their liabilities or valuation of the insurers’ assets. However, in the event that the Commission is not satisfied with the information provided, Subsection 2 mandates the Commission to cause an independent evaluator to provide such valuation of liability or assets. However, the Committee felt that subsection 3 be amended to ensure that the commission shall bear the cost for causing any independent valuations. This has been suggested as measures to ensure that the Commission will also not request for valuation on flimsy grounds.
4.13. Clause 49 on the percentage of assets that can be maintained in Zimbabwe or abroad. The Committee noted with concern the open ended check given to IPEC to determine the percentage of total assets which may be maintained outside Zimbabwe by a registered insurer. Therefore, the Committee proposes that a limit of 25% of the assets can be maintained outside Zimbabwe in line with precedent set in the Pension and Provident Fund Bill.
4.14. Clause 79: provides for arbitration and the courts procedures as recourse for disputes. Given the possibility that small and micro policy holders may not be able to afford the arbitration process, the public recommended that there should be a provision in the Bill for embedment services or an inclusion of a specialised small claims unit at IPEC which handles such kind of disputes.
4.15. Clause 80: provides for the sum insured to be in the legal tender of the Zimbabwe. This is a new provision, which the Committee felt that it must be removed and left to be prescribed under regulations since the Zimbabwean dollar currency is volatile.
4.16. Clauses 81 – 82: provides for legibility of printed policies and electronic policies. The Committee felt that this provision must be removed and be left for inclusion under regulations since it is more administrative and too prescriptive. However, members of the public also submitted that there has to be a definition of what an electronic policy is to avoid confusion and misinterpretation.
4.17. Clause 83: Members of the public submitted that both parties in the insurance contract should be equally responsible for ensuring disclosure of certain material facts. They noted the fourteen (14) day requirement for the insurer to provide the insured with a clearly legible policy document was too long. It was recommended that this period be reduced to seven (7) days so that service delivery will not be affected in the event of a claim within that period.
4.18. Clauses 84 and 85: Members of the public recommended for clarity on the use of the word ‘insurance broker’ under this clause. Moreover, emphasis was made on the need to include the ‘duty to disclose by the insurer’ in clause 85. Members of the public also recommended re-wording of clause 85 where a broker can act on behalf of the insurer implying a broker as only an agent of the policy holder.
4.19. Clause 86: Members of the public recommended that the clause should also stipulate the terms that should accompany a policy that is issued on a credit basis.
4.20. Clause 89 on registration of death of children under fourteen years of age does not comply with the Constitution which defines a child as any boy or girl below the age of eighteen. Thus, the provision must be amended in line with the Constitution.
4.21. Clause 108 provides for days of grace, paid up policies and non-forfeiture provisions of funeral policies. The Committee noted that subsection 10(i) where a maximum maturity period for every funeral policy is set at twenty-five years is too long a period for one to be contributing premiums. It was recommended that the period of twenty-five years be amended to ten years.
4.22. Clause 126 provides for the Commission to prescribe minimum and maximum premiums. However, the Committee felt that regulation of premiums must be based on the sum assured and the Commission must develop a formula determining the premium.
4.23. Clause 129 provides for an annual report to be submitted within 6 months to the Minister by the Commission. The current act is silent about deadline. Thus, the Committee welcomed the new provision which seeks to synchronise and rationalise this process to be in line with best practice of producing and submitting reports within six months.
4.24. Clause 135 is a new provision on currency conversion. The provision seeks to ensure that policy holders are not prejudiced of their premiums by providing the steps to be followed in any eventuality by every insurer. This provision was welcomed by the Committee as it seeks to factor in all the economic risks such as inflation and currency instability that may arise in the country in line with the Commission of Inquiry recommendation.
4.25. Clause 140: provides for regulations by the Commission. However, the Committee highlighted that this provision must be amended to refer to the responsible Minister through the Commission and not the Commission to make regulations as provided for in the Bill. It was noted that the Minister administers an Act of Parliament and not the Commission.
- Committee Observations
5.1. That under Clause 2, the following subsection (b) and (c) be reviewed so that the Minister does not carry too much powers to gazette a statutory instrument or regulations exempting certain entities from the application of the Bill. The Committee noted with concern thatthis Clause may cause arbitrage in the sector.
5.2. That although the Insurance Bill is a welcome piece of legislation that sought to strengthen the insurance industry, the wording within the Bill needed to be given due diligence. The Committee was of the view that due to its technical nature, it was pertinent that Clause 3 of the Bill on Interpretation should clearly define key provisions such as “assets”, “insurer,” “premium” and provide proper wording to distinguish such among the insurance players. This was emphasised to be critical in eliminating vagueness and confusion that may arise in interpreting some of the provisions of the Bill.
5.3. That any reference to the term ‘approved’ in the Bill be removed and be replaced with ‘prescribed’ which is more authoritative and ideal.
5.4. That an additional clause be included under Clause 6 on insurers to be registered to call upon the Commission to complete the registration process within 21 to 30 days from the date of receipt of an application.
5.5. That the term “significant interest” in Clause 36 be clearly defined and provide specific information on when and how the commission would be defining and quantifying the interest.
5.6. That the idea of having IPEC to approve all opening of subsidiary branches outside the country in Clause 37 and 38 is a welcome development as it will seek to safeguard the best interest of the country.
5.7. That the fourteen (14) day requirement for the insurer to provide the insured with a clearly legible policy document in Clause 83 was too long. The Committee is of the view that that the process be reduced to seven (7) days so that service delivery will not be affected in the event of a claim within that period.
5.8. That while Clause 86 of the Bill recognises that some policies can be offered on credit, it is critical that the Bill stipulates the terms and conditions that should apply to a policy that is issued on a credit basis.
5.9. That they allow the Commission to prescribe minimum and maximum premiums in Clause 126 must be removed given that a premium must be self-regulatory rather than regulated. The Committee is of the view that market forces must be allowed to determine such premiums.
5.10. That Clause 140 be amended to allow the Minister to gazette regulations instead of the implementing entity, the Commission.
5.11. That the conferment of investigative powers to the Commission in Part XII of the Bill is a welcome development. However, it is not so clear if the Commission can have arresting powers.
6.0. Committee Recommendations
6.1. That the Act must apply to every player in the sector and the proposal for an exemption be removed.
6.2. That interpretation of key terms used in the Bill such as “assets”, “insurer,” “premium,” “significant interest “insurance brokers,” “insurers”, et cetera be clearly defined to avoid vagueness and misinterpretation of the law.
6.3. That the fourteen (14) day requirement for the insurer to provide the insured with a clearly legible policy document be reduced to seven (7) days to ensure efficient and effective service delivery in processing claims and policies.
6.4. The 7-day period of collection of premiums should apply to all people including insurance agents who collect premiums and not only to brokers.
6.5. That the Bill be clear as to whether the conferment of investigative powers to IPEC warrants it to have arresting powers.
6.6. That the provision which states that, ‘at least half of the applicant’s directors’ are either citizens or permanent residents of Zimbabwe in Clause 7, subsection (2) (iii) be amended to read ‘at least two thirds of the applicant’s directors.’
6.7. That the subheading for Clause 12 which reads as follows, “Registration of insurance brokers, et cetera.” be amended so that it is complete and straight forward.
6.8. That the Bill clearly stipulates the terms and conditions that should apply to a policy that is issued on a credit basis.
6.9. That Subsection 2 of Clause 36 be reviewed and remove the term ‘knowingly’ which may create confusion when interpreting the law.
6.10. That under Clause 41, the period of seven working days be removed and allow IPEC to prescribe the period using regulations, which may be changed from time to time depending on the volatility of the market.
6.11. That a limit of 25% of total assets of a registered insurer can be maintained outside Zimbabwe in line with precedent set in the Pension and Provident Fund Bill.
6.12. That the period of fourteen (14) day requirement for the insurer to provide the insured with a clearly legible policy document be amended and reduced to seven (7) days so that service delivery will not be affected in the event of a claim within that period.
6.13. That the clause 86 stipulates clearly the terms that should accompany to a policy that is issued on a credit basis.
6.14. That Clause 89 on registration of death of children under fourteen years of age be aligned to the Constitution which defines a child as any boy or girl below the age of eighteen.
6.15. That subsection 10 (i) be reviewed from the maximum maturity period of twenty-five years and ten years.
6.16. That the Commission regulates premiums based on the sum assured while at the same time develop a formula to determine the minimum and maximum premiums.
6.17. That the responsible Minister be given the powers to make regulations to support the implementation of the main Act and not the Commission.
7.0. Conclusion
7.1. The Bill is progressive as it seeks to strengthen the Insurance and Pensions industry in line with the international best practices. The bills seek to bring sanity to the Insurance and Pensions industry which for decades has crumbled under a weight full brunt of factors inter-alia legislative shortfalls and macro-economic challenges.
7.2. The Committee therefore implores that all raised observations, the input from the public and recommendations therein be given due attention. I thank you Madam Speaker Ma’am.
HON. MUSHORIWA: Thank you Madam Speaker for giving me this opportunity. Madam Speaker, it is true that our insurance laws have not been reviewed for quite a long time. Admittedly, the bringing in of the Bill before this august House is a noble thing.
Madam Speaker, the only challenge that we face in terms of the coming up of laws in this country is that it takes a long period; debate on this Insurance Bill that is now before the august House started more than 15 years ago. This Bill should have been presented to this august House in the Seventh Parliament. Hence Madam Speaker, you will find that quite a number of issues that are contained within the Bill will need to be reviewed.
Firstly Madam Speaker, as the Chairperson of the Budget and Finance Committee stated, the Bill gives the Minister of Finance and Economic Development too much powers and gives him the discretion to exempt certain institutions so that they are not covered by insurance. Insurance business is a key contributor to the economic growth and we should never allow a situation where the Minister can have leeway to exempt certain institutions; that is dangerous and should not be allowed. It is these issues that need to be corrected. In other countries, economic growth, contributions by the insurance and pension sectors are so massive because they contribute towards savings and investments as a country. We want to make sure that when we come up with this Act, it has to be such an important Act that can contribute to the growth of our economy.
Secondly Madam Speaker, we need a situation where our insurance laws move in tandem with what is happening globally and also take cognisance of the challenges that we have faced in this country from 2008 to date. You are aware Madam Speaker, that insurance contributors lost their monies when there was a change-over from the Z$ to the USD and again when we did the 1:1. Naturally, we want to make sure that we will not have a problem as we go forward in terms of having such problems.
Then the other issue that I hope the Hon. Minister will cover is the problem in terms of definitions. For instance, how do you define significant interest? I have noted that in the IPEC amendments that had been submitted by the Hon. Minister; I hope there is need to also make sure that we come up with proper definitions on significant interest. We also define what is an asset and all the other relevant definitions so that at least they do not leave any room to anyone. I am just hoping that the Hon. Minister will do exactly that.
Madam Speaker, we feel and this is very crucial, that mandate be given to IPEC to determine percentages of assets that insurance companies should keep outside Zimbabwe through this Bill. I think we cannot leave that discretion to the IPEC Board. The law should be very strict since contributions are being made here in Zimbabwe. Why should we have the IPEC Board saying we will allow this entity to invest 40% outside the country; this one we will allow 20% and this one 10%? We need to make sure that in this particular Bill, when we come to the Committee Stage, we stipulate that so much maximum percentage should be invested outside so that at least they hedge against some other macro-economic challenges that may exist in the country. To then allow an open cheque Madam Speaker, may not be the best thing that we want to do as a country.
Then the other issue that is crucial; you know Madam Speaker, we now have quite a number of funeral companies and the dilemma that we face is, a person contributes his or her money towards a funeral policy company. First year, you have done well; second up to 10 years contributing then on the 24th year whilst you have been contributing monthly and annually, you then fail to contribute on the 24th year and die on the 25th year; all your contributions are nullified – it cannot be allowed Madam Speaker. We need to have a situation that there is protection of policy holders. Unfortunately, this Bill does not do justice to the protection of contributors.
The other crucial aspect Madam Speaker is also on the representation. We believe that all the board insurance companies, starting from the IPEC Board right down to all the other sub-boards, there should be a deliberate policy, just as we do when you look at the Pension Trust Board; you will notice that on the trustees, there is always a proviso that at least half should be coming from the workers or those who are contributing and the other half coming from the employer. We cannot have a situation where the contributors are not represented on the IPEC Board or the other sub-boards. I think that would be wrong and will not help because one of the problems that we saw from the Justice Smith Commission Report, it is this issue of having people who represent on the IPEC Board and various boards being far from what really happens within the industry.
Then the other issue that I think is also crucial that we have noted in this Bill is that there are quite a number of areas in this Bill where it then says that the Minister and IPEC shall make regulations. Indeed, regulations ought to be made by IPEC but I think in this Bill there is too much, there is excessive and it gives a lot of leeway to the Minister and the IPEC. In a way, it undercuts Parliament as the lawmaker. I think we need to make sure that when we do this, we really look into it.
The other issue which I believe is also problematic Madam Chair, which I think the hon. Minister will need to properly answer is the requirements of three shareholders and the limiting to the extent of shareholding. I think we need to be clear. Our insurance companies, if we are going to limit to a minimum of three shareholders, something needs to be clarified because for instance, we have got insurance companies that have been in existence for some time. We passed this Bill to simply say you need to know that you have got the minimum shareholding structure. What happens to those companies? Do those companies have to now sell their shares? What it happens that within this country there are no shareholders who are willing to invest in their business, what happens? I think we need to make sure that there is a sunset clause that is put in this Bill to make sure that if indeed there is need for us to move towards the three shareholders criteria, at least we need to make sure that we take cognisance of the current and the existing insurance companies that are currently operating in the country.
The other issue which I think is also important Madam Speaker, which I believe requires a lot of thinking is the question of the prescribed asset threshold. I think, in this case, just like I was saying from the beginning, we take note of the importance of insurance business. In a normal country, our savings, if you have got proper and fully functional insurance companies, you would know that at least we are covered. Unfortunately, I know the challenge that we faced is that most of the investments that were done by insurance companies and pension houses buying Treasury Bills and other money market wiped off due to inflation and other economic challenges that we were facing. However, I believe Madam Speaker, that there is need in my view to make sure that we sort this issue in a proper manner that can allow us to move forward.
Madam Speaker, I want to say this before I sit down. If you look at the insurance Bill, it is big in terms of size but I think that the Hon. Minister, given what the Hon. Chair of the Portfolio Committee has said and the number of things that we think have been overtaken by events, we need to make sure that we come up with real amendments during the committee stage because the Insurance Bill as it stands now, does not do justice to what needs to be done under a proper insurance Act. I also believe that part of the reason why some of us will cry is that we want to make sure that we have a proper regulatory pace. It is primarily to make sure that this country moves forward, that we have got regulators that we can depend on. We should never leave anything to few individuals or one Minister for that matter to make a decision. We need to make sure that everything is put in black and white. This is the reason why Madam Speaker, whilst we welcome this Bill, we believe that more needs to be done and we will certainly be submitting our amendments to this Bill when we come to the Committee Stage. I thank you.
HON. BITI: Thank you very much Madam Speaker for giving me the opportunity of debating on this important Bill, the Insurance Bill. I wish that these three Bills, one of them is an Act, the Insurance Bill that we are discussing today, the Pension and Provident Fund now an Act and the IPEC Bill that we just parked in Committee Stage. I wish that we have had an opportunity of synchronised debate by the National Assembly because there is interconnectivity between the three Bills.
Madam Speaker Ma’am, we have a crisis in the insurance and pension sector. That crisis in the insurance and pension sector came as a result of the loss of values, particularly in 2008, particularly the conversion of insurance assets that was done by the insurance houses unilaterally in March of 2009. The loss that pensioners have suffered, insured persons have suffered upon the conversion from the multicurrency regime to the Zimbabwean dollar, the de-dollarised status quo that was effected by SI 33 of 2019 on the 28th of February, 2019.
We have a crisis of the loss of values. We have the crisis of an insurance industry that is undisciplined that is extractive, that is greedy. We know this as a statement of fact Madam Speaker, because of the findings of the Justice Smith Commission of Inquiry Report that was published in March 2017. That Commission of inquiry report is an indictment against the insurance industry. It accused and found against the insurance industry, particularly two houses, the Old Mutual and the First Mutual, rampant excessive aggrandisement, consumerism and conspicuous consumption. They live in Borrowdale in houses where engineering has said you cannot build a house but they will excavate. They drive Lamborghinis and other fancy cars parked at Sam Levy’s Village at the expense of insured individuals.
Thousands and thousands of insured workers have been pauperised by the insatiable greedy of insurance actors in the insurance sector. The question that then arises Madam Speaker, is that, does this Bill that we are considering address and deal with the mischief that is there in Zimbabwe? Does an insured person who lost his value or her value as a result of the shenanigans, the omissions and the commissions of these players have her question answered?
I submit Madam Speaker that her question is not answered. The mischief of the collapse of the insurance industry has not been answered in this particular sector. Hon. Nduna is here. He will tell you that there are over two million vehicles in Zimbabwe and of those, each one of them is obliged by operational flaw to pay compulsory third party insurance. Millions and millions of dollars of third party insurance are collected but the economy has nothing to show for it except expensive houses in Borrowdale, in Ward 18, represented by Hon. Rusty Markham. It is not good enough. So we need radical comprehensive transformative reform of our insurance sector. I want to propose the following: firstly, let us create structures of good governance inside the insurance sector. The current position of the law is that anyone cannot just own an insurance company but you are dealing with resources. It is not easy to own a bank. It should not be easy to own an insurance house.
So we must put a prudential governance criterion on both those who own these insurance companies and those who run them. If there are qualifications for lawyers and doctors, there must also be qualifications for the insurance professionals. Not every John Chibadura can just wake up and say I am now going to be the Chief Executive of ZIMNAT Assurance or Insurance; there must be qualifications. There must be a professional body that looks after the professionals that will run this sector because you cannot run an insurance from Borrowdale Brooke Golf Club or from Royal Harare Golf Club wamborova kadoti doti, warova bhora regold pa hole number nine wonobata mari dzevanhu. That should not be allowed. Governance issues must be dealt with. This Bill does not deal with that.
Secondly, the strong role of the regulator - the Justice Smith Commission of Enquiry Report found that 19% of the loss was due to a weak regulatory framework. I do not see a marriage, connection or intercourse between the IPEC Bill we parked a few minutes ago and this Bill. The insurance sector must give regular reports to the regulator. We do as lawyers. We give regular reports on the state of your trust account. You do not get a practicing certificate, unless you have met certain criteria approved by the Law Society of Zimbabwe. Insurance houses must meet the same criteria and must be given an annual licence if they meet those issues and the regulator must give them. We must hold them to high standards.
Third is the conduct of insurance. Insurance companies have been allowed to create wealth which should not have passed to the owners of policies. They have been allowed to form and hedge against inflation through the formation of property companies. The biggest player in this economy on the property market is the Old Mutual but there is a demarcation or durawall between pension assets and the holdings assets. First Mutual has got a holdings company which is very rich but the assurance company itself, First Mutual Assurance is a very poor company but the holding company was built by the sweat and labour of the pensioners or insured persons.
All assets made and created by pension insurance contributions must fall into the pot and the insurance person must benefit. This must have retrospective application. I represent a man called Rasmoss Pasipanodya who is coughing. He was a miner at ZIMPLATS and he developed a disease called pneumoconiosis, which is a disease of the lungs which comes if you go underground and you are affected. Old Mutual paid him RTGS$22 000 yet he was making contributions in USD from ZIMPLATS. Now, the Old Mutual says we cannot pay you, we are poor. That is why I have said and submit that there must be retrospective application of this law that says do not separate assets.
The same applies to the point Hon. Mushoriwa has made. If you look at the financials of Old Mutual, it has invested across sub-Saharan Africa. It makes more money in Zimbabwe in per capita terms other than any other country because we have been a dollarised economy. The real reason why it makes more money from Zimbabwe is because Zimbabwe is also a country where they make the least contributions to their insured people. That does not work. The poor Zimbabwean worker who is squeezed by inflation, ndiye ari kumorwa naana Old Mutual, naana First Mutual Life. PachiShona toti kura uone mwanangu, uri kungosvetwa chete. They say you cannot draw water from a stone but in Zimbabwe, the insurance industry is drawing water from rocks and we cannot allow that. That is why in this Bill, this is an opportunity of making sure that there is insurance justice in Zimbabwe, starting with Hon. Nduna’s favourite subject ‘compulsory third party road motor insurance to normal insurance to life insurance’- so governance, regulation, asset management.
We must also put in this Act thresholds. We have done it in other Acts. I think it is the ZINARA Act where we said the expenses cannot be more than 2,5% of the income. For insurance companies, their overheads must meet a certain minimum threshold, say not more 3% because if we do not do that, they will buy mansions and go on holiday to Dubai at the expense, the blood and sweat of the poor working person who is struggling to buy a small pension for himself and his family. Let us have a threshold that your overheads do not exceed a certain threshold: governance and governance.
I now come to other issues. The Act gives too much excessive power to the Minister. If there is anyone who needs to be given excessive power, it is the regulator IPEC not the Minister. So the Minister should never be allowed as he is allowed to determine what companies and insurances, and what exemptions. Let us not give discretion. Law must be certain. The doctrine of legality demands that law must be certain, credible and legitimate. When you allow the Minister to play Russian roulette with what is an insurance company and what is not, it is no longer law. It is now arbitrage or extractive and that is why our country has not developed because I am going to corrupt the Minister and say I do not want after I have met him at the airport ndichingoti zvese zvakarongeka. Let us not give the Minister discretion; if we have to give anyone power, it should be the regulator because the regulator, through the Act which we just parked, we are trying to give the regulator teeth. We need to make a direct connection between this Act and the Pensions and Providence Fund. We do not do that and we will propose amendments.
There is a third thing which concerns me. The Act in Sections 80, 81 and 82, it says and speaks about married persons but the Act does not define what a marriage is. You have got a problem now because the normal definition of a marriage is a general law marriage which is now section 5.1 of the Marriages Act which used to be Chapter 5.11 marriage which used to be Chapter 37 marriage. So what it means now is that wives/women or partners in unregistered customary law unions are not recognised. I am not making a case for the civil partnerships in Section 41. I do not want to see those ones. I am talking of those traditionally married and lobola paid for them but they did not wed. This Act is deliberately quiet on that but it creates chaos. Let us define what we mean by marriage. Section 5:11, a customary law union but excluding your fancy civil partnership which I do not even want to see. If we do not do that we have a problem. That section is very shaky. We need to protect women, widows and Madam Speaker, you know how widows suffer when the husband dies. You know how our community is very patriarchal and why those women become third class or fourth class citizens. What we have seen in movies like Neria is not a joke at all but is happening daily. So, this Act must protect women and the institution of marriage, including the unregistered customary law union.
Then I come to the issue of currency. The draft Bill says that a policy shall be in the currency of Zimbabwe. It also says that the insurance company and the insured can agree on a currency. We live in a currency that is very volatile. In the last 20 years alone, we have used US dollars, Bearer cheques and now the RTGs dollar and so forth. So, in a climate of currency volatility, it is very important that we preserve value by saying that the insurance policy must be honoured in the currency that it was being paid and that provision 2 must apply retrospectively. What has happened is that insurance companies have made billions out of our currency fluctuations. Each time we move away from the US dollars, they have made millions and they will pay you RTGS dollars yet they were receiving contributions in US dollars. We are tired of Old Mutual and First Mutual. We must hold them to account and this is the space to hold them to account. We must carefully craft that provision so that value is given and placed in currency.
The next issue I want to speak about is; in every other profession, if you commit an omission and a commission, the individual is held personally liable. If you commit a commission and omission and you are an accountant, you are disbarred.; if you are a doctor, you are disbarred, if you are a lawyer you are disbarred. But there are only two professions that get away with it. If a banker commits a commission and omission, he can end up being a Minister. The same thing applies to insurance companies. We need to hold these professionals to account. So, I propose that we impose personal liability because you are handling millions of people’s money. If as a lawyer, I mishandle trust funds, I will be in the newspapers and disbarred. The same applies to a doctor. If he gives you prednisolone thinking it is a cough mixture, he will be disbarred. So we need to revisit personal liability.
THE HON DEPUTY SPEAKER: Your time is up Hon. Biti.
HON. NDUNA: I move that he be allowed another five minutes.
HON. MARKHAM: I second Madam Speaker.
HON. BITI: Madam Speaker, another area of insurance banditry is their investments. We must restrict the investments that they are allowed to make by law to quality none volatile activities. You cannot take insurance money to go betting on the Zimbabwe Stock Exchange on share counters that you know will not yield any returns. You cannot do that Madam Speaker and the point I am submitting is that the insurance sector has got a free hand in what they are allowed to invest as part of hedging their fund. We must use this opportunity to ensure we regulate where they can put their money so that it is protected. Part of the thing we need to do, which is why I said we need to marry this debate and the debate of the other Bills; we must also empower IPEC to make them disclose investments that they have made.
There must also be thresholds; they are obliged to buy Government paper through prescribed asset ratios. That is alright but we must put a threshold of the funds that they can put on the Zimbabwe Stock Exchange for instance. I would submit that if they are to invest offshore, we must also put thresholds. However, locally we need to be very careful and ensure that whatever they invest abroad is fungible to the extent that it can be remitted back to Zimbabwe. The country of investment should be one we have some agreements on repatriation or extradition because if they can go to jurisdictions or havens which we cannot touch, they will be protected by their law. So we need to make sure we put thresholds.
In conclusion, I would like to submit that the Bill has come and it is premature but I think we should be given the opportunity of proposing major amendments at Committee Stage. The Bill as it stands right now is very naked. We must use the opportunity of the Committee stage to try and patch it up. I thank you very much.
HON. NDUNA: Good afternoon Madam Speaker Ma’am. Before I start my debate, I need to talk about the people that man this institution called the insurance sector. There should be no collusion, corruption and nepotism. We should replace that with coordination, co-operation and networking. I say this because those that are regulators in the insurance sector should not be the players as well. We should not have those that have the cake and eat it, otherwise we have a referee who is also a team player. We would not have an effective and efficient football match if we had a referee who is also a player. These are the fundamentals and objectives that I want to start with – to say those people that man these institutions should be people that have enough credibility, reputation that is undisputed and second to none. There should not be any conflict of interest.
When I was Chairperson of the Committee on the Portfolio Committee on Transport, I could not bring in and interrogate institutions where I had pecuniary interest Madam Speaker Ma’am. I also implore that these people that man these institutions should not have any pecuniary interest. The current scenario in the Insurance Council of Zimbabwe, IPEC and in various insurance institutions leaves a lot to be desired. You will find that it seems like Zimbabwe does not have enough qualified people out of the 15 million population - we are recycling dead wood in the insurance sector. This one is Chairperson of IPEC, Chairperson of Post Insurance and is Chairperson of this other insurance and so forth. We are not going anywhere if we continue to chase our tail in that regard. It is the credibility of the people that are manning these offices and these institutions should be impeccable. There should not be any collusion, corruption and nepotism. We need to search amongst the 15 million population and find people of credible reputation that need to chair these institutions.
Madam Speaker Ma’am…
THE TEMPORARY SPEAKER (HON. MUTOMBA): It is now Mr. Speaker Sir.
HON. NDUNA: Sorry Mr. Speaker Sir. Good afternoon Mr. Speaker Sir.
THE TEMPORARY SPEAKER: Good afternoon to you Hon. Nduna.
HON. NDUNA: I want to touch on the issue of payments in the right currency that has value which currency could have been remitted by the insured. That should certainly take route in this amendment that we are talking about in particular in IPEC regulations Mr. Speaker Sir. There is need definitely to regulate that sector in that way. Let us derive value especially for the person who is insured.
In Chegutu West Constituency, I have got Mr. Green – he calls me every other five minutes. He does not know whether I am in Parliament or not but I understand his anguish, predicament, problems, trials and tribulations. It is because he has not gotten any value out of the remittances or payments that he was making to Old Mutual or NSSA. He has derived not even a pittance because there has not been any output or payments of insurance after he retired or terminated Old Mutual Insurance in the right value. It is my prayer when it comes to Mr. Green’s insurance and pensions and all other old people in my Constituency; my heart is on the right side. I really share their predicament and there are numerous of them that are pensioners. I pray that they be paid in a value that is commensurate with what value they are expecting or value they paid their insurance premiums.
I now turn to automobile insurance. These people are playing black-jack with people’s monies – those people that are insured on the vehicles that they own; it should not be insurance for premiums in terms of payment of registration of vehicles. It should not be insurance for anything else but for the benefit of those in the automobiles. These people, for a very long time, have been moving around unchecked. As long as you pay third party insurance, it is for the benefit of the insurance company and directors in that insurance company and not for the benefit of the automobile and those that are involved in Road Traffic Accidents (RTA) and for those who are crisscrossing the width and breadth of our roads.
We are having five deaths per day due to RTAs. We are having 43 people injured due to RTA, meaning that there is an accident every 30 minutes and people are maimed every 30 minutes if you do the calculation well. We are injured and killed on the roads because of the number of automobiles, nature of our roads and natural attrition but to hedge on such occurrences, there is this issue called passenger and third party insurance; I know for a very fact that the Hon. Minister recently or in the 2023 Budget, proposed to take 20% from unclaimed monies that are there in the insurance sector so that he can put it in the Central Revenue Fund or in the unallocated reserves but it is prudent and informed by the fact that there has not been any claims advanced to third party insurance companies because those people are archaic, moribund, rudimental and antiquated. They are a medieval in their way of operation for a very reason so that they can pocket the monies of the unsuspecting innocent motorist on the road.
The current insurance sector and modus operandi is made for the good of the insurance players. It is made for the good of the directors and that should come to a screeching halt. I ask that there be compensation in retrospect. This was mentioned by Hon. Biti. It is possible if there has not been any insurance or remittances to those that have been injured due to RTA in retrospect; all that money should be given to Government. It should not be posted by the insurance sector as profit because I have spoken about the way they are dealing with modern day issues as though they are BBC - they are born before computers. They are not computerised not because of ignorance but it is for a very reason so that they play naive, arrogant and stupid because they want to play Russian roulette with people’s monies. Everyday there is a bus accident, Government has to come in and pay for those people that are otherwise insured.
I have spoken about third party insurance for the small vehicles - now I come to passenger insurance; there is a seat assuming 75 seater buses, 15 dollars per seat, the bus operator pays about 4000 to 5000 USD as passenger insurance to the insurance sector but come the day of the accident, they are nowhere to be seen; it is the bus operator that has to bring up some mealie meal and some benevolent funds to the family of the bereaved whereas due to that USD15 per seat, there is monies owed to the family of the bereaved, USD 4000 to help in the burial processes and such like to use that as a platform, at least as a safe landing or as a starting point for the family of the dearly departed who was sometime a breadwinner who was a passenger in the public transport. However, because of that USD15 insurance per seat in that public vehicle, you will find that the insurance players go down under immediately after the bus accident. They do not even come to say we are the ones that insure Inter Africa.
Recently, Gen. Maketo passed on who was a best commander of JZM in Chegutu; may his soul rest in peace but it was because of the bus that he was involved in an accident with, with his small vehicle. There was insurance for both vehicles but nobody has come up to actually say we are going to alleviate the plight of the innocent unsuspecting twins that are still learning at Jameson High School in terms of schools fees. Of note, he was a big man in the Air force, so everything was taken care of during his burial, including Guard of Honour and there is also a board that has been put in place so that at least the Air Force can take care of the bereaved family. All that should be done by the insurance sector because the bus was insured, his vehicle was insured but nobody from the insurance sector has come up.
Mr. Speaker Sir, I say this with a heavy heart because the insurance sector currently is manned by mafias worse than a cartel of thieves and I would not want to amend this regulation or this Act; I would want him to shred it and start afresh by having people who are prudent and with a reputation in business other than this large number of thieves.
Mr. Speaker, I have spoken about passenger insurance, now I want to go to air traffic insurance. According to the international civil aviation organisation, there are about 5 000 airlines globally that are insured. If we definitely cannot take care of the 1 000 500 vehicles, small little automobile, what more if we have to put on our shoulders the issue of airline insurance, STARR Insurance, these are globally acclaimed aviation insurers and AIG, these are globally acclaimed aviation insurers that insure more than 5 000 airlines globally and of that there is about 1 126, those are the commercial airlines that are insured by these conglomerate of insurers.
So before we even grow to aviation insurance, we need to be reputable with the small little insurance issues. The reason why we do not have AIG and we are insuring as Zimbabwe and our aviation sector using international players, it is because we cannot be reputable with the small little duties that we have been given in the insurance sector. Insurance sector should be the same globally and locally. The whole reason why we have not been able to insure the aviation sector is because we cannot insure the small little things that we have.
Mr. Speaker Sir, there are five issues that I want to touch on that speak to and about the issue of the insurance sector that should inform the pricing in the insurance sector, the operation in the insurance sector; there are actually just five issues, if you allow me, the issue that regulates the pricing in the insurance sector is the market unprofitability. In Zimbabwe, it is the other way round; it is the market profitability that regulates the insurance sector. The insurer profits in 2020 alone, I speak like this on the global insurance because I talk about the aviation insurance that were not sufficient to make up for cumulative losses of the preceding seven years. The continued high volume of losses leaves insurer profit vulnerable should there be a catastrophe invades.
The second one is the market claims that are supposed to be moving and pushing up the prices. For the past four years, currently now I think the kombis are supposed to pay about USD70 for the insurance per term and the small little vehicles is about USD40 per term, which is about USD120 per annum. What informs such issues - in Zimbabwe, currently with a set up of non-regulation of the insurance sector, it is the grid of the players as opposed to the market claims because there are no claims currently.
The third issue that moves the pricing in the insurance sector should be the market instability. There is no-one who has seen whether there is stability or there is instability of the market in the insurance sector in Zimbabwe because the current regulation or the current regulator who is IPEC is sleeping on duty. It is either he is conflicted due to pecuniary interest or we have a square plug in a round hole.
In my thinking Mr. Speaker Sir, we have Old Mutual and other pension houses; previously we were debating NSSA. It is my thinking that the Reserve Bank of Zimbabwe (RBZ) should continue to have annual reports from the insurance players – not only IPEC but the insurance players. It is provided for in the RBZ Act that they need to have annual reports from these insurance players. It should be embedded in that Act that RBZ continues to have annual reports.
Mr. Speaker Sir, the fourth issue that influences the pricing is the insurance capacity. There is need to see that these insurance houses are both regulated and their capacity is impeccable, flawless and regulated like a bank. They should not go into the insurance sector to go and make money using the premiums of the insured.
The last and the fifth is the lead and support market pricing – that should inform the pricing in the insurance sector. I want to thank you for giving me this opportunity Mr. Speaker Sir, to try and match our insurance sector to the global insurers like Alliance Global Corporate and Specialty, that is, AGCS. We cannot go and become such big time insurance players who are globally acclaimed if we continue to have thieves in large numbers who are riddling our current insurance sector. There is need to actually sweep out the whole room and put in the right people in the right places. The current people are square plugs in round holes; we have the wrong people in the right places.
I thank you for giving me this opportunity Mr. Speaker Sir, for vociferously, effectively and efficiently speak about the insurance sector like Mr. Green would have wanted me to come and talk about his insurance; like Mr. Lameck Nyamarango would have wanted me to come; the war collaborator, Madam Sarah Chikukwa would have wanted me to come and talk about her insurance including Tawanda Chitashu, he is a former Army General. He would have wanted me to come and talk about his insurance. Thank you.
*HON. RAIDZA: Thank you Mr. Speaker Sir, for giving me this opportunity to debate on this important motion. I want to thank the Second Republic for the vision to take note that what was happening in the insurance sector is not just; things should be sorted out and as Government, to make sure that the country has laws that inspire confidence in investors and also to fulfill the vision that was tasked to the Smith Commission after noting what was happening in the insurance sector. There were a lot of issues that were recommended by the Commission and these are issues that are going to be sorted out by the laws that we are looking at in this august House.
The first thing is that when we look at our economy, we will discover that there are regulatory laws that guide industry. The current law is not strong enough, so this Bill comes at an opportune time because it gives insurance companies the framework that will guide them so that investors or people who invest their money in insurance companies get value for money. Mr. Speaker Sir, when a person invests in insurance, they anticipate to benefit from it. In the past, we noted that there are so many unscrupulous activities that were happening and being done by these companies. They would lure people to invest in their policies and when they approach people, they do so in a flowery language in order to convince clients. This Bill comes at a quite a opportune time because President Mnangagwa has a Vision 2030 that seeks to bring a middle class economy; and if the insurance sector continues to behave as before, that can work against the vision.
Mr. Speaker Sir, some of the things that were being done by insurers that should be corrected is that they would bring policy documents written in faint ink and fine print. In fine print, that is the small letters; there were a lot of hidden interpretations. For instance, when you have an accident, you go and claim but cannot be covered because there are some issues that you would have missed. The new law should stipulate that the document be clear and be explained to both parties so that they would be knowledgeable when they commit to the agreement. In the past, insurers took advantage of clients, which ended up with insurers absconding on their responsibilities; people would not benefit from their investments in insurance.
The other thing that I like about the Bill is currency conversion which should be in tandem with what is happening in the economy. No one should lose their money because if you invest your money in USD, then some things happen and people were losing; policy holders were losing. So Old Mutual, First Mutual and other insurance companies were in business. It is not clear whether they were also affected and how they were affected. So the money that they were building and growing their companies with is policy holder money.
You would find that often times they would give excuses that Government changed currencies and what have you. All these explanations were being given so that they abscond from their responsibilities. So, according to the new Bill, the company and the investor are going to benefit equally and no-one is going to be left behind. This is a good vision for those who lost their money after investing and also for those who are in business. Insurance companies have been taking advantage of people whilst they were succeeding but now we are moving in the same direction.
The other thing that I want to applaud Government for with the Bill is that there is need for regulation of assets that are insured outside the country. You would find that insurance companies take USD premiums outside the country and such external investments do not benefit the people of Zimbabwe. They do not benefit the nation but they are growing foreign economies where these monies are kept yet people struggle to raise such premiums. Then after paying such premiums, instead of the money benefiting the Zimbabwean economy, it would be benefiting insurers who were externalising these funds. They would report that things are moving in their companies, however things would not be moving in the Zimbabwean economy. They do not explain that we took this money to South Africa, London and other nations, so they continue succeeding.
I want to say that this is progressive. We want the economy and the nation to benefit from insurers because insurance companies Mr. Speaker Sir, when you look at the money that they are collecting, if the money was to be used to improve the economy of our country, it will help a lot in the development of our country. For the past years, many insurance companies were not investing in the country.
They highlighted that it is risky to invest in the country or they will not be able to get profits they expect. They invested in other countries while they take it from us Zimbabweans. It is only because it is risky to them to invest in the country but it is not risky to collect money from the locals. These are some of the issues which we want to thank Government for. May this Bill be passed and begin to be used in the country. The operations of insurance companies must benefit the Zimbabweans since they are the ones who are paying the premiums. If the investments are done in Zimbabwe, it encourages people to take policies not what is happening right now that people are undecided when it comes to join insurances. They feel that if they pay premiums, it is like tying your money on a crocodile leg, meaning that you will not be able to recover your money.
Mr Speaker, this Bill came at the right time so that the insurance sector is brought to order; they must operate like what others are doing in this economy so that we develop our country. We also want to encourage those in the insurance sector to work following the law. They must not fear the law because there is no country which can operate without a law. They must operate within the laws of this country like what everyone is doing. If we leave the sector operating without laws, we will be putting all Zimbabweans at risk. There investment will not be secure. Thank you.
HON. R. R. NYATHI: Mr. Speaker Sir, I also want to add my voice on this Bill in about a minute or two but giving an experience of what has happened before. I had invested my money with several insurance companies and hoping that when I get to the age of 50, I will not bother...
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon. Member, may you approach the Chair?
Hon. Nyathi approached the Chair.
HON. R. R. NYATHI: Thank you Mr. Speaker Sir. I just want to add my voice on discussion of the Bill that we are discussing about. I was just going to give an experience of what happened when we went through an inflationary period where I was particularly also a member who had invested through several insurances but what then happened is that after the situation, the insurance gurus when they realised that there was going to be a serious inflation – I had invested for more than 20 years. They did a forecast to see that with the inflation that is coming, the pay backs would be too little. It would be too much if we wait to give people their money back. An example of Old Mutual, they gave us some certificates to say, your insurance is now worth $20 thousand and yet when I had invested, I was expecting when I get to the age of 50, 60, I was going to be given 20 thousand which was worth USD20 thousand. The $20 thousand that I was given at that particular time was something equivalent to about $20. Given the passage of time, the $20 thousand was equivalent to USD1. So I think the debate that Hon. Members were giving is vital that the Government must also look into it so that one is able to reap the equivalent of the money that he has invested now for the future. That is one of the things that I think the Hon. Minister, in the consideration of this Bill, is also going to consider that when people invest money or give monies to organisations that money still remains public funds and Government must be concerned and must be serious about it to make sure that our people, especially the poor are not taken advantage of. I thank you Mr. Speaker Sir for giving me an opportunity just to give an example of what has happened in our country during our time. Thank you.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Mr. Speaker and Hon. Members for the contributions. These are critical contributions that are going to assist us in coming up with an effective Bill. I think from the onset, we have said, this Bill should bring sanity to the insurance industry with the aim to protect the policy holders. What is also coming out which is very fundamental is the need to ensure that we bring the Bill at par with international and regional best practices. We are also taking cognisance of the value that this Bill can bring to the development of this country in line with our aspirations as a country.
Now turning to the submissions by Hon. Mushoriwa, the first submission he mentioned was the issue of definitions. I think it was an issue of significant interest. We have said this is an issue that we can look at. We are still to subject our Bill to the Committee Stage and these are the issues that we are going to relook and see if all the definitions that we have are all embracing. The issue of too much power that is vested in the Minister; I think there is no too much power given but again this is an issue that we are going to deal with at the Committee Stage. This has also been brought out by Hon. Biti where he said there is need for us to sync all our Bills and the Pensions and Providence Act that we have already passed.
There is the issue of currency conversions and we are saying currency conversions are also dealt with in detail under Clause 135. If you can check that one and read it together with what we covered under the Pensions and Providence Fund Act, this again is covered. The issue of board members conflict of interests; we are saying we are not going to have any conflict of interest - as you will notice, members with conflict of interest are going to be disqualified. This again is covered.
On the issue of funds that are invested outside the country; again, this is done under Clause 49 and on that one, there is a certain allowable percentage of what is allowed to be invested outside the country. We have allowed this as part of allowing the insurance companies to diversify their portfolios.
Then the submissions by Hon. Biti on the issue of pensions, I think it was on loss of value. We have said the issue of loss of value is dealt with again in the Pensions and Providence Fund Act which was recently enacted. Hon. Members, I am sure you remember that we discussed this issue extensively. So this is covered under the Pensions and Providence Fund Act.
On the qualifications for those who are in the insurance sector, this is a very valid point and we are saying the fitness and probity test requirement is again in the Bill. Even in terms of the Anti-Money Laundering and Financing of Terrorism Act requirements, any criminals will not be allowed in the sector.
On the separation of assets where we are saying owners are allowed to own pension assets and own assets, there is provision that deals with the separation of assets in the Bill and this is a requirement that IPEC is implementing. On the revaluation of assets and liabilities, we have guidelines that have been developed by IPEC.
There is the issue of the definition of a married person which again Hon. Biti brought out and we are saying there is need to redefine what a married person is. There is need to synchronise that with what is in the Marriage Act to avoid suffering. I think we are going back to what Hon. Biti submitted that as we go to the Committee Stage, we need to synchronise what is already in the existing Act and what we are also pushing as Hon. Members. The currency of Zimbabwe and the currency that is agreed upon; currency conversion provision deals with it as it recognises the change of currency to avoid losses and this, again is an issue that I have alluded to. The procedures are already set out in the Bill and further expanded in the regulation.
Then the disqualification of directors; we are saying any director with a criminal record and those with known liabilities shall not qualify to hold posts.
On the regulations by IPEC and Ministers without Parliament involvement, Hon. Members I think you all know that it is the prerogative of the Minister to come up with the regulation. Those regulations will be approved by Parliament. So we need to take into account on this one that we have a symbiotic role where the Minister and Parliament both have a role to play.
On the issue of policy holders’ interest, the prime objective of the Bill is to protect policy holders’ interest and disclosures are set in the Bill, for example the publishing of financial statements in the newspapers. I think on this one, it is also clear that the policy holders’ interests are also taken care of.
Hon. Nduna on regulators and players and that they should be people with credibility; on this one we are saying the credibility of the directors also lies with the qualifications that they have and the shareholders are also spelt out clearly in the Bill to avoid conflict of interest or cross directorship. It is an issue that was brought out when we were debating again the Pensions and Providence Fund. We are now having cases of cross directorship and this again is addressed.
On the loss of value of insurance pension, I am sure you have heard it that this is already covered. Your area of interest which is the road traffic accidents and third party insurance, we had responded to this issue I think at the time we were debating the budget. We said the Ministry made a proposal to take 20% of unclaimed money to save such suffering and currently, the modalities are underway to put in place the National Road Accident Fund and I am sure this is going to address the issues that you raised.
The issue on pricing framework which you raised, IPEC has developed a product which has got pricing guidelines and that is approved before it is issued in the market. For insurance companies when they have a product, it has to go through IPEC and the pricing guidelines have already been set.
Going to submissions by Hon. Raidza on criminal activities; On this one, we have got provisions that are dealing with fraud and misrepresentations, which are criminal offences and are provided for in the Bill.
You also mentioned the issue of the safeguard mechanisms. We want to thank you Hon. Raidza for applauding what is already contained in the Bill, which is going to achieve the separation of assets and also the issue of benefits that the economy is going to get from investments that are coming from the insurance companies.
On the issue of annual reports, I would want to submit that the sector is required to submit annual reports to IPEC as contained in the Bill. He also brought out the issue of evidence of the claims ratio being low in the sector as supported by the loss ratios that are reported annually. Our response to this is, if there is need for us to look at this, I think that can be done at the Committee stage.
These are the responses that I have in line with the submissions that have been put forward by the Hon. Members. We are going to give you an opportunity to propose amendments at the Committee stage. I therefore propose that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee stage: Wednesday, 1st March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. R. R NYATHI: Mr. Speaker Sir, I move that Orders of the Day, Numbers 1 to 17 be stood over until Order of the Day, Number 18 has been disposed of.
HON. TEKESHE: I second.
Motion put and agreed to.
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon. Chinyanganya has written authority from Hon. Dube to stand in for him. MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE ANALYSIS OF THE AUDITOR GENERAL’S REPORT OF THE HARARE CITY COUNCIL
HON. CHINYANGANYA: I move the motion standing in Hon. Dube’s name that this House takes note of the Report of the Public Accounts Committee on the Analysis of the Auditor-General’s Report of the Harare City Council.
HON. NDUNA: I second.
HON. CHINYANGANYA:
INTRODUCTION
The Public Accounts Committee draws its mandate from Section 299 of the Constitution, which compels Parliament to “monitor and oversee expenditure by the State and all Commissions and institutions and agencies of Government at every level, including statutory bodies, Government-controlled entities, provincial and metropolitan councils and local authorities”
The Public Accounts Committee performs its functions to ensure that Parliament’s role provided for in Section 119 of the Constitution are “upheld and that the State and all institutions and agencies of Government at every level act constitutionally and in the national interest”
OBJECTIVES OF THE ENQUIRY
The Committee sought to establish the extent to which Harare City Council had addressed audit observations made in the 2020 Auditor-General’s Report by implementing recommendations made by the Auditor-General. In addition, the Committee sought to establish why Harare City Council is operating without a proper accounting system.
METHODOLOGY
The Committee members invited Harare City Council to a series of oral evidence sessions. Quill Associates, previous providers of the City’s (Business Intelligence Quotient) BIQ system were also invited to give their evidence before the Committee on why their contract with Harare City Council was terminated prematurely. This resulted in the City Council operating without a functioning accounting system.
BACKGROUND OF THE ENQUIRY
Although Harare City Council had a sound ERP (Enterprise Resource Planning) system in BIQ, Harare City Council had not been doing bank reconciliations since 2015 leading to huge unreconciled amounts. Not all transactions have been going through the Harare City Council system. To make the situation worse, a fall-out between Harare City Council and Quill Associates led to later prematurely switching off the former and Harare City was left with no sound accounting system. This led to a lot of anomalies within the council’s operations, most of which were unearthed by the Auditor-General in her 2020 report.
FINDINGS
Accounting for Subsidiaries
The Committee noted that International Public Sector Accounting Standard (IPSAS) 6- Consolidated and separate financial statements require the consolidation of all controlled entities. It was also noted that City of Harare’s wholly owned subsidiaries namely; Rufaro Marketing (Pvt) Ltd, City Parking (Pvt) Ltd and Sunshine Holdings were not consolidated or accounted for. Access to the identified entities was not granted and the investments in aggregate may be significant and material. It was also unclear whether all the interests in Sunshine Holdings were known.
City of Harare officials submitted that the set-up was such that subsidiaries were treated as entities outside the City Council. Harare City Council also had problems accessing information from the subsidiaries which it wholly owns. The subsidiaries had not been providing audited accounts to Harare City Council since their inception.
Reconciliation of Cash and Cash Equivalents
It was noted that the council’s cashbooks were not furnished for audit. Cash receipts and payments journals linked to the bank accounts were also not availed. Reconciliation of bank accounts, ecocash accounts were not updated and proper checking and authorization of the same was not being done. Some of the bank accounts were not in the accounting system.
The Harare City officials submitted that bank reconciliations could not be done since the BIQ platform could only accommodate 64 cashbooks, some of which were furnished. It was further submitted that the accounting system was abruptly terminated before all the cashbooks could be extracted.
Maintenance of Proper Books of Accounts
In terms of Section 286 of the Urban Councils Act [Chapter: 29:15] and Section 49 of the Public Finance Management Act [Chapter 22:19], council is required to keep proper books of accounts as may be necessary to record matters relating to financial matters of the council. In terms of the International Public Sector Accounting Standard 1; Presentation of Financial Statement, council should fairly present financial information and must faithfully represents its affairs.
According to council, trade and other payables to the tune of USD$105 542 322 were unverifiable. In addition, trade and other payables totaling USD$83 712 713 had debit balances and should have been reclassified. This suggests that council might have prepaid or overpaid suppliers and has to recover the same.
Furthermore, in terms of IPSAS 12-Inventories, developed land for resale and treated water should be treated as inventory respectively. The inventory records for the land and water were nonexistent. There was neither presentation nor disclosure to this effect. No land bank records are kept by council which forms the basis for internal control with regard to land sales.
Harare City Council officials submitted that the relevant responsible department was in the process of creating an up to date land bank register. This process was expected to be completed by 31 December 2022. There was urgency for a well maintained trade and other payables. Council was in dire need of new Enterprise Resource Planning System which is targeted to eliminate the variances.
BIQ System
The Council’s Enterprise Resource Planning system was withdrawn by the service provider and management alleged that the inadequate information furnished in respect of 2018 financial year was recovered from a back up facility. The information could not be validated with the defunct BIQ system and neither could completeness be ascertained. In addition, large volumes of council information were lifted from a supposed back up facility and made resident on unprotected excel formats. This was contrary to Section 45 of the Public Finance and Management Act [Chapter 22:19] which requires, among other things, that employees of public entities ensure that the system of financial management and internal controls is established and implemented.
BIQ is a system that is meant to provide a solution to all financial accounting, procurement and all other facets of council operations as regards to accounting for transaction that are in the system.
Harare City Council officials submitted that there was a misunderstanding between the service provider which is Quill Associates and City of Harare that resulted in the switching off of the service on 21st March 2019. The origin of the dispute was the hiking of the licence fees from US$25 000 to US$75 000 and Council was disputing the hike.
Mr. Van Heerden, the Managing Director of Quill Associates and providers of BIQ system submitted that they engaged Harare City in 2006. What the Harare City Council procured from BIQ was a partial system. Not all the modules were available in the system and over the years, other modules developed.
He further told the Committee that in September 2018, Quill discussed with the Harare City Information Communications Technology Manager and his staff on all the new major modules that at that stage were available but the city did not have a licence or an agreement with Quill to start using those new modules. Harare City represented by the ICT Manager, indicated to Quill that they would want every new module and every new development in BIQ made available to council. The ICT Manager agreed to have all these new modules and new development but at an increased annual licence fee of US$75 000. The new modules were installed and staff were trained to use the new modules from October 2018 to the end of the year. However, the two parties agreed that from 1 January 2019, licence fees were going to be pegged at US$75 000. An invoice was issued through the Reserve Bank of Zimbabwe in December 2018.
Upon meeting the Town Clerk on non-payment of the licence fees in March 2019, Quill was asked to uninstall the modules despite council having already started using the modules. They insisted they would only pay US$35 000 per year and not the US$75 000 agreed in the contract. According to the contract, Quill had the right to switch the City off if they could not pay the US$75 000. Therefore, the City Council was switched off. This was not an abrupt termination of the system. The city officials were warned of the dire consequences before being switched off. There were many communications between the parties but the former was not really serious in considering going back to BIQ.
Harare City officials informed the Committee that SAGE was roped in to replace BIQ. It was submitted that SAGE was contracted at an annual fee of US$300 000 as compared to BIQ’s US$75 000. It was further submitted that SAGE was not functioning and did not have the capacity to handle the huge operations of the city. As a matter of fact, the city was grounded in all aspects.
Mayor of Harare Mr. Jacob Mafume submitted that there was no need for council relations with Quill to have been terminated or allowed to get to this point because the city council was now in a worse off situation than when it had BIQ.
He informed the Committee that this has caused problems to policy makers because they relied on that system to monitor the council secretariat and executive. He added that it was part of a very critical monitoring tool to know what the executives and accounting officers were doing. Without an operating system, Harare City Council was flying in the dark. He pointed out that such a situation was letting down the rate payers.
He further submitted that there was need to come up with a clear solution on the current non-functioning accounting system. He further pointed out that there was need for a way forward to check what could be potentially missing as a result of abrupt switching off of BIQ and also to avoid any hemorrhaging of funds that could continue should the council continue operating without a viable system.
Mr. Mhukarume, the Finance Director at Harare City indicated that it was an agreed position that the SAGE system that replaced BIQ is not functional and it is a nightmare operating in an environment in this day and age without a proper system.
He submitted that Harare City was struggling in receipting as it receipts manually. As a result, all receipts were not accurately accounted for. The billing was not being done accurately because SAGE did not have the capacity. In a nutshell, Harare City did not have an accounting system and as just operating on an auto pilot. The procurement was also affected as there was no system being used. At the end of the day, Harare City Council financial reporting was not transparent and that signals failure. Mr. Mhukarume further submitted that the environment currently was a nightmare because the only module which was working was the billing which was operating at 50%.
Mr. Van Heerden, the Director for Quill Associates informed the Committee that the payroll was adopted on BIQ, however the executive, payroll was not put into the system. This was a red flag signaling something sinister. The executive payroll was substantial. Annual financial statement cannot be produced without the executive payroll being in the system. He further told the Committee that he raised this issue with the Town Clerk but no response was given.
He further told the Committee that the other critical issue in this whole set up was bank reconciliations. The council at that stage was using 26 different bank accounts for various reasons but the bank reconciliations were never done in the system. The difference between the bank balances were huge and was increasing out of proportion.
The asset register was never brought into the system properly. None of the capital investment and the infrastructure was ever provided or included in the general ledgers. Yet again an annual financial statement was useless without them.
The issue of water stock was another red flag. The water stock in Harare City was kept in a separate directive. It was not part of the main stock yet Harare City’s main business was providing water.
This therefore emphasised to the Committee that considering these items, it means Harare City’s general ledger was impractical. He submitted that the US$189 255 035 mentioned in the Auditor-General’s Report was just a tip of the ice berg given that cash, assets, water stock and executive salaries were not being accounted for.
Harare City Council officials informed the Committee that the council was now in a tendering process to acquire a new accounting system. It was further submitted that the Tender Committee led by Mr. Madzokere, the ICT manager, was involved in attending international meetings with some of the bidders. These meetings’ expenses were being paid for by the bidder. However, the Committee was informed that it was not part of council policy to receive payment for travel and accommodation from bidders.
When Procurement Regulation Authority of Zimbabwe, CEO Mr. Ruswa was engaged by the Committee and he told the Committee that Section 84 (2) of Public Procurement and Disposal of the Public Assets Act, articulates that a contractor shall at its own expense place at the procuring entity’s disposal any premises, facilities for inspection referred to in subsection 1. The contractor and the procuring entity shall each bear the expenses of the attendance of their respective representatives at inspection referred in the subsection 1. He informed the Committee that procuring entity bears all inspection expenses.
Committee observations
There is no proper accounting system at Harare City and this is causing further financial loss.
All of Harare City’s problems were centered on the absence of a sound Enterprise Resource Planning system. In the absence of a proper accounting system, these irregularities will still continue.
At the moment, the prejudice of the amounts involved or the amounts lost could not be quantified. A proper investigative audit would help to numerate the amount lost.
The amount Harare City could have been prejudiced is only a tip of the iceberg and because of the absence of ERP, the amount lost is more than what meets the eye.
Harare City Council acted suspiciously by engaging incapacitated and expensive SAGE for US$300 000 and leaving BIQ for US$75 000, which was effective and cheaper.
Harare City Council is currently incapacitated to effectively receipt and bill residents.
Harare City Council did not take the matter of abruptly being switched off by Quill Associates to court because they had no case as they were at fault.
The tender process is hugely compromised when bidders were asked to pay for air tickets and hotel accommodation by Harare City Council.
Committee Recommendations
-Harare City Council should by 31 January, 2023 engage Quill and reinstall BIQ so that the bank reconciliations could be done and also that US$189 255 035 unverified funds could be substantiated by the Auditor General.
- Harare City Council should by 31 January, 2023, get a proper accounting system that has capacity to serve the city’s huge figures and curb continued mismanagement of public funds.
-ZACC should by 28 February, 2023, probe Harare City Tender Committee on why they were getting the expenses of their international meetings paid by bidders against Section 84 (2) of Procurement Regulations Act.
- Harare City Council should from 1 January 2023 and going forward, exercise its powers to audit and access financial statements of all its subsidiaries. The council should consolidate all entities under its control to comply with International Public Sector Accounting Standards.
- ZACC should by 31 January 2023, probe why Harare City led by IT manager Mr. Madzokere cancelled an effective and cheap BIQ system costing US 75 000 and engaged an incapacitated and non-functioning SAGE which was costing US$300 000.
Conclusion
The Committee expressed dismay on how and why a big council such as Harare City is being run without a functioning Enterprise Resource Planning System. In this respect, the Committee urgently expects city officials to hastily re-engage Quill Associates for BIQ system to recover funds unaccounted for, restore sanity, transparency and efficiency to avoid continued financial hemorrhage in the city’s operations.
HON. NDUNA: Thank you Hon. Speaker Sir and I want to thank Hon. Chinyanganya for finally tabling this report for the sub-Committee on Public Accounts on Local Government. Hon. Speaker Sir, the issue as I second this report, it speaks to the pith, the core, and heart of the appointment and the usability of the Auditor General. Section 309 of the Constitution talks about the functions of the Auditor-General. Section 310 of the Constitution speaks to and about the appointment of the Auditor-General, it says in sub-section 1, the Auditor-General is appointed by the President with the approval of Parliament. The Auditor General is an ex-officio Member of Parliament in that her functions are the ones that are the gate-keeping functions of the national pace.
Public Accounts Committee and indeed the sub-Committee on Local Government Public Accounts is the gate keeper or is a post audit committee that stops the hemorrhage and the illicit outflows from local authorities. We are faced here with the credibility of sanctifying and making sure there is sanity in the functions of the Auditor General so that the Auditor General, her functions can be upheld, can be respected and can also see the light of day in terms of their credibility. For a very long time, we have come and debated time without number about the issues contained in the Auditor-General’s report but again for a very long time, time without number, those issues have been neglected and negated. Those issues have not been taken on board by the local authorities, State owned enterprises and the ministries that are spoken about in that Auditor-General’s report. Here is an opportunity Hon. Speaker Sir, to salvage that situation to make sure we bring credibility back to the appointing authority, who is His Excellency the President who has appointed the Auditor-General to supersede and to actually look and interrogate in the manner the Executive and in the manner the local authorities are actually using their funds, whether they are using those funds with probity and with accountability for the good order and governance of the people of Zimbabwe. Here is an opportunity to salvage that reputation. Here is an opportunity to make sure that we have this metropolitan city governed in the manner that it is supposed to be governed, with probity and a high reputation Mr. Speaker Sir.
Here is an opportunity for Parliament to salvage the opportunity where they had been shooting themselves in the foot. For a very long time Parliament has not been taking the Auditor-General’s Report seriously because it has not been making sure there is follow up in the implementation and observation of the observations of the Auditor-General as enshrined in the Auditor-General’s report. Here is an opportunity Mr. Speaker Sir, to speak to the heart of the issues of what is termed the delinquent behaviour that has been pointed to by the Auditor-General. Mr. Speaker Sir, those were my introductions to seconding this motion.
Mr. Speaker Sir, the expenses of making sure that the Harare City Council is running software which is called an accounting software, the current one or the previous one which is SAGE was three times the amount or more than threefold the amount which they termed an ERP that was designed and that was being run by BIQ of South Africa and it can only be one reason why they terminated that accounting officer for selfish reasons so that they can pilfer whatever it is that is coming into the coffers of Harare City Council to get what they can and can what they get as individuals.
As individuals, the Harare City Council officials have gone on a rampage to terminate the ERP or the accounting software that was run by BIQ according to the Auditor-General in 2019 Mr. Speaker Si, as observed by the Auditor-General, where they have lost more than US$200 million and it is said during oral evidence that this is a tip of the iceberg and this was done for selfish interest so that they can get what they can and can what they get.
The current situation obtaining at the Harare City Council as we speak is that there is clamouring, there is competition to bring in swipe machines of individuals, executives at Harare City Council and Rowen Martin Building so that they can swipe into their own individual accounts the monies and rates for the rate payers of the innocent unsuspecting citizens of Harare Metropolitan City. This is currently what is obtaining Mr. Speaker Sir and this is what has come out as you interrogated Harare City Council as to why they were operating without an accounting system.
Mr. Speaker Sir, it would be my fervent hope and clarion call that after we debate this report, the termination of the operation of the Harare City Council should definitely come to a screeching halt. There should be termination in terms of their operation because the monies are not going to the intended destination where the citizens are paying their rates. Mr. Speaker Sir, as I have alluded to, there is competition to bring swipe machines of individuals to Harare City Council in order that they can cream that money and fatten their pockets. This is the reason why they have not had a working accounting system. This is the reason why they terminated ERP and BIQ in settling for a company that is offering the services at three to four fold the amount that they were actually paying to BIQ for the ERP system.
Mr. Speaker Sir, it is with a heavy heart that I stand here and I am hoping I can appeal to your conscience because the institution of Parliament, the credibility is founded on how it is going to act on this report. Harare City Council, by any stroke of imagination, is so big and has a plethora of revenue streams and if left unchecked, we are going to create a terrorist organisation through Harare City Council because that money is not going for service delivery; it is going to a cartel of operatives whose name is not known. It is going to fund maybe the issue of drug lords and terrorists. It is not going for provision of clean, potable water. It is not going to reduce typhoid and cholera. It is not going to revamp, rehabilitate, and reconstruct the roads. It is not going to pay the workers of Harare City Council. It is not going to give good service delivery to the citizens of Harare City Council. It is going to individual pockets and bank accounts and it is my hope that you hear this clarion call that after this debate, you can actually go to the Minister using this debate that has ensued here and ask the Hon. Minister of Local Government and Public Works to stop approval of the 2023 Harare City Council budget because the budget means allocation of resources, the budget means allocation of devolution funds, but we are putting that money into a bottomless pit whose accountability cannot be assured, whose accountability cannot definitely have safety nets instead of an accounting package.
Mr. Speaker Sir, the ERP we are talking about is tried and tested. It was the submissions of Harare City Council’s His Worship the Mayor and the Town Clerk that ERP is installed in Bulawayo. The same ERP is functional at ZINWA. What would be the reason for terminating such an impeccable, robust, resilient, effective and efficient accounting system, save for selfish reasons? We have square plugs in round holes that do not want accounting for the salary packages for the executives, that do not want accounting for water and revenue expenses and monies paid for water delivery system.
We have a situation where there is now a cartel that has been formulated. Mr. Speaker Sir, PRAZ came to this House and actually mentioned that Harare City Council was busy flouting procurement procedures and what a better time to actually stop this terrorist organisation – I dare call it. Harare City Council is now a tourist organisation where they are channelling the monies we have no knowledge of. They are flying without a radar and the knowledge of where they are putting rate payers’ monies.
The issue that Harare City Council is run by an opposition party does not come into play. This issue is at middle management; the executive is not voted into office but recruited into the organisation. We have the wrong people in the right places – people who are determined to make sure that they fatten their pockets using rate payers’ money at the expense of service delivery and the monies that are paid by innocent and unsuspecting citizens who are not getting the service for what they have been paying for.
Your sub-Committee has actually gone further because we now have Commissioner Mlobane sitting in the sub-Committee on Local Government Public Accounts. We have caused the arrest of operatives at Masvingo City Council and Chegutu Municipality for those that have been selling stands unilaterally without going through the right procedures. We have caused the arrest of all those people and we have gone further for Harare City Council to make a report at ZACC and it is under RRB003367 to report these executives because we believe this is not an Act of ignorance. We believe that this is a deliberate act of criminality.
The Criminal Law, Codification and Reform Act from Section 134 up to 176 speaks to the issues that are embedded in the Auditor-General’s Report in terms of criminal abuse of office and pilferage of these council resources. We have gone to ZACC and reported this matter and it is my thinking that Parliament parallel process which is rather administrative and a bit on the slothful side can actually have a parallel process of the criminal prosecution when ZACC finally takes this for statutory interpretation to the courts of law.
We have also not only stood by to wait for the report to see the light of day. We have gone further to engage PRAZ. It is my feeling and my thinking that with all that we have done, even bring the Auditor-General before this Committee to give oral evidence under oath; it should have been prudent for PRAZ and Harare City Council to force reconstruction of the BIQ system and the ERP so that we have a reason and way to follow up where the US$200 million went to. It disappeared in two parts – US$83 million and US$125 million. By any stroke of imagination, this is not a pittance, this is a lot of money.
We are serious as Parliament to bring Harare City Council and indeed all other local authorities to book so that we can use Harare City Council as an example as to how not to conduct business in council affairs without an operating accounting system. We should be making an example of this metropolitan city and council. If Harare City Council gets away with this issue, without being chastised or brought to book before the courts of law, without being criminalised, we might as well close shop at Parliament. We are here in Harare for your own information; we could be drinking raw sewerage - the reason being that Harare City Council is on auto pilot. They have no accounting system or any way to account for monies received or way of disbursing any money from any service delivery because of executives who are bent on lining their pockets.
The budget I have alluded to; the Hon Minister of Local Government should be implored not to approve the budget for Harare City Council until we force reconstruction of this ERP system, accounting software, so that we can get to know how much it is that has been lost beyond the US$200 million that is here. It is my belief that PRAZ, ZACC, Harare City Council and Parliament should force reconstruction. There should not be socias en el crimen or socius criminus – partners in crime in making sure that the issues of the Auditor General have been upheld.
Section 309 and 310 should be respected. Section 310 is the appointing authority and Section 116 of the Constitution says who is Parliament – Parliament consists of His Excellency the President and the Legislature. So let us not undermine our own authority by letting Harare City Council go scot free. By tonight, all executives at Harare City Council should be incarcerated because of this report and we should throw away the keys. We should put lions inside that dungeon or prison so that come remand date, they should all have dissipated or have disappeared because they would have been gnawed by the lions. These people belong behind bars.
I want to applaud the Auditor-General for bringing out such inconsistencies and it is now upon us as Parliament to give a lending hand and support to the Auditor-General so that there is no repeat of all these delinquent behaviours in the future. I thank you for giving me the opportunity to support this report.
HON. R. R. NYATHI: I move that the debate do now adjourn.
HON. TEKESHE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 1st March, 2023.
On the motion of HON. R.R. NYATHI, seconded by HON. TEKESHE, the House adjourned at Five Minutes to Six o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 28th February, 2023
The Senate met at Half-Past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MUZENDA: I move that Orders of the Day, Numbers 1 and 2 on today’s Order Paper be stood over until Order of the Day, Number 3 has been disposed of.
HON. SEN. TONGOGARA: I second.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION FOR THE 7TH MAY 2022 BY-ELECTIONS
Third Order read: Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the 7th May 2022 by elections.
Question again proposed.
*HON. SEN. KOMICHI: Thank you Madam President for giving me the opportunity to debate. I would like to thank the Minister who came with that motion on the elections conducted by ZEC. It is a very good thing for citizens to be given an opportunity to elect their leaders. It is very plausible but what we want to encourage is that when elections are conducted, there should not be chaos and violence. People should be able to freely choose their leaders be it at ward, constituency or for presidential elections. People should be encouraged to choose their leaders knowing that this country likes democracy and upholds the constitution so that peace prevails.
Sometimes we may not know that some of the things we do may have consequences on the image of the country. This country greatly needs unity. As we go to elections, let us remember that we are all children from the same clan. We may differ on the doctrines but we all worship the same God. All what we aspire for is the same. Even if you ask people from different churches or denominations, at the end of the day, they want their people to live peacefully and have enough food on their table. What then causes us to fight when we have similar interests? We need to unite and achieve national unity. Let us not fight.
The second aspect is that this country should achieve peace. If we unite, we bring peace. When there is peace, we will work together and we will be able to attain development as a country. Yes, we are trying here and there to bring development but we are not getting there. We are failing to attain total development. If we compare this country with South Africa or Rwanda, there is no other country endowed with so much natural resources like diamonds or lithium. Why do we fail to live in peace? When we go to elections all we consider at the end of the day is achieving what you want as an individual at the expense of the citizenry. It is important to remember that let us ensure that this country lives in peace.
I want to emphasise that what we did in 2008, I am not referring to the violence but the unity that we achieved was very remarkable. Who can deny that after working in unity and harmony, we achieved a lot? Who can argue that we came from a background where there was no food on the table, the shops were empty, hospitals were closed and every other thing? We had valueless money but the moment we embraced unity and formed a Government of National Unity, we achieved three major things. The first one is unity, second is peace and third is economic development and the independence that we got as Zimbabweans.
The citizens of this country live peacefully; people are now able to build their houses, goods are available in the shops, construction of roads has started and hospitals now have medicines. People are now having many children because life is good. That is why I want us to leave in peace and harmony.
Let us give ZEC the responsibility to run elections in peace without insulting each other and quarreling and let us prioritise that we are citizens of this country. I thank you.
*HON. SEN. CHIMBUDZI: Thank you Madam President for giving me this opportunity to support this motion on the report presented by ZEC. Madam President, Zimbabwe will go for elections and as usual, according to the dictates of the Constitution, elections are not new in this country. If we want to listen to what the President, His Excellency Dr. Mnangagwa said, he always preaches peace to this country. He says he does not want violence in this country but wants peace and indeed as Zimbabweans, most of the times we are the ones that break the laws of this country. We fail to hold peaceful elections especially as leaders. We must always preach peace during election time but sometimes you hear leaders encouraging violence and disharmony that contradicts with the laws of this country.
I pray Madam President that the law takes its course. We have several political parties in this country and all those parties are allowed to contest. There is no limit, parties are coming up and increasing everyday and the Government allows that. So it is up to an individual to choose which political party they want to support. The most important thing for us as Zimbabweans is to uphold the law especially during election time. Let us refrain from violence amongst ourselves. Sometimes we hear people saying the international community will say this or that; let us not wait for that but let it be our responsibility as citizens. Americans and the British hold their elections but we are not invited to monitor those elections. Let us conduct our own elections and let us not peddle lies that there is violence or such negative things that tarnish the image of the country. Let us respect the values of the country that do not threaten our own people. Let us live peacefully as Zimbabweans and uphold the laws of this country. Let us love our country and our citizens. Let us not be told by other people what to do because a lot of other countries really focus on us. Sometimes they will prefer those people whom they see that they are weak and accept anything.
Let us love our country and embrace each other as Zimbabweans. If there is no violence, development in the country will progress; so is education, mining and any other such things. Politics controls all other things and if we continue arguing and quarreling, that also translates to the rest of the livelihoods. Let us encourage people to be peaceful and let us conduct our elections peacefully so that we preserve the lives of people and also prevent the distraction of properties. Let us encourage each other to live in harmony as Zimbabweans. I thank you.
*HON. SEN. CHIFAMBA: Thank you Madam President. I am very proud to be debating on this motion brought in this Senate. As we approach election time, elections must not be an event that brings sadness to us but it must be a source of joy because it gives us an opportunity to choose our leaders for the next five years. Sometimes people really feel threatened by such times because there are some previous elections that were conducted, violence took place and we do not expect such things to recur. Some people lost their homes, some were beaten and some went through very terrible things. Let us remember that we are all Zimbabweans; we may differ on our structures or complexion but we are called Zimbabweans, we stay in the same place. Let us pray for our country; let us not call for violence and try to invite foreigners to try to protect us as if we do not think. Let us prioritise our country. There are some people who just wait for this opportunity and when this time comes, it is as if they now become possessed. Some of them may not necessarily be politicians but just thieves who use that opportunity to conduct all sorts of terrible things such as robbery. They take advantage at election time, yet it will not be the case but it will be someone who just has very bad plans. Let us follow what the leaders of the political parties say to us that we do not want violence. I think that will help us.
The President of this country is saying let us conduct elections peacefully, we do not want violence. We also hear Hon. Sen. Mwonzora saying the same. As Zimbabwe, let us consider that but there are some people in this country who really long for the coming of violence like what happened on the 1st of August, where lives were lost because of violence. For some of us who may be used to commit unwanton activities, let us use our brains and know that you are being used since that person who will be sending you to cause violence will be safe at his home. Sometimes these people are given drugs or beer and you go as far as murdering somebody. That person that you injure is not the one that may bring victory to your party. If your party is going to win, it will win and if it is destined to lose, it will do so. Let us be humane people and respect people’s lives. Let us not behave like animals but let us live in harmony and greet each other just like how we have been doing all along. Why does election bring hatred yet it is only an event that comes and goes? Are you going to shift from your homes because of that? Relationships continue and families continue to exist. If someone comes across something negative, let us be able to assist them. If you meet someone belonging to MDC or CCC, you call for their lives - no, they are also human beings. Elections come so that we choose leaders; let us do it in peace. I emphasise to all leaders here, Members of Parliament, Senators and village heads because we are the ones that do not obey what the leaders say. Let us stay in harmony so that elections come and go. Zimbabwe is a country with milk and honey; it has everything, diamond, gold, chrome and asbestos.
Madam President, if we have peace and harmony in this country we will not even feel the effects of sanctions. There are some countries that do not have resources like Dubai, yet they leave a better life than us. It is simply because there is no peace and we try to invite foreigners to come and lead us when we fail to cope properly - how can you expect a woman from the next house to come and cook for your children when you are there? As citizens of Zimbabwe, let us love our country and let us do away with violence. I thank you.
*HON. SEN. DR. MAVETERA: I would like to thank the President for giving me this opportunity. I would like to add my views on this debate brought by the Minister, giving us the background of what transpired on elections where we choose leaders to take us to the development of this country. Madam President, indeed leadership comes from people. That is why you find the Constitution saying after every five years, citizens should be given the opportunity to mark the examinations pertaining to the people they have chosen in the previous five years.
As people who were chosen, let us ensure that we do not present falsehoods, let us present the achievements we made. I wish all of us as Zimbabweans would understand the gist of the elections because that would ensure that this country would not be where we are right now. It is sad to note that the citizens of this country are going through difficult living conditions; the worst part is that we are a country that is blessed and is where we respect lives, have God fearing people and hard working people. God did not forsake us but endowed us with resources such as minerals. The term ‘breadbasket of Africa’ did not come from us but it came from the whites. They literally wanted to say the breadbasket of the whole world. As leaders seated here, we are the ones who have destroyed this country. If you were not able to achieve anything, why do you want to seek re-election? You want to force people to elect you. You want to call for slogans that ensure that other people are beaten or injured.
We are the leaders. We are the ones that set the tone. People look to us because of our positions. All those people that are being involved in violence, that demon is coming again. We hear so many stories about politically motivated violence. We are the ones that encourage the demon especially when you notice that you have not achieved anything as a leader in those five years, you resort to violence and threats.
Madam President, if you look at the suffering that the people are going through right now, I remember what happened in 1980. We were given large clothes to dress like elderly people so that we could vote. The only election that I am satisfied made a difference is the 1980 elections. The rest of the elections, I regret because it looks like it is not achieving any purpose. The election purpose is to lead to development yet in Zimbabwe it seems it is the other way round. Elections lead to the destruction of the country. If you go around right now in the rural areas, people are not happy that elections are approaching. They are afraid. Even business people are suspending their activities because they are not sure of what is going to happen after elections. Who is causing that? We are the ones chosen by the people. So as leaders chosen by the people we need to apologise to the citizens of this country because we are letting them down.
So I would like to implore that the success of the forthcoming elections is dependent upon the behaviour of the people who were in the Ninth Parliament. If we were unable to achieve anything, let us give others an opportunity. If I am the one who did not achieve anything, let me give someone else an opportunity so that they lead to a better environment where I can then work. We hear of some giving the youth drugs that destroy them. Sometimes we also hear of rape taking place. All those shenanigans that are meant to instill fear in people during election time. During this time, we always hear the President say let us live peacefully because he has plans about where he intends to go with this country. That plan is summerised in the Vision 2030 programme. All the resources are supposed to lead to that but we may not be able to achieve that if we fail to conduct the 2023 elections properly. In fact, we will be worse off.
So are Zimbabweans supposed to be afraid of choosing their leaders of choice simply because they are well known thugs who want to live through politics for the rest of their lives and careers as politicians. We should appreciate and understand that leadership is meant to be passed on to other people.
ZEC tries by all means. ZEC is supposed to be apolitical but sometimes we hear of allegations that it supports one party. That is all because of us politicians. When you are expecting to play a football match, you start by threatening the referee. How do you expect that referee to be objective? The referee is supposed to ensure that the environment is such that you all play peacefully and happily. I am sure some of the chiefs here appreciate that there are some areas where their subjects are living under fear because of the forthcoming elections. Sometimes even the chiefs are also threatened about their chieftainships by the Ministers. Sometimes they are also threatened by violence. I wish we could take this opportunity from now up to the time of elections that we pray for the achievements of the wishes of the elections or the objectives of the elections, what they set to achieve. If we are able to do that, we will really enjoy living in this country. We will all be happy.
My message is especially directed to the leaders who are the architects of violence and distabilisation of the country - architects of sanctions. Whether they have been imposed on you or you begged for them, it is all because of politicians. So as leaders, Madam President, I wish this message to be preached all the time and wherever we go. Let us preach peace. Let us choose leaders who will take us to the achievement of Vision 2030 pronounced by the President of the country. When the President is given a mandate to lead for the next five years, he will have a genuine plan but sometimes when he is surrounded by people who may have rigged their way and have been chosen fraudulently, they let down the leaders.
Madam President, this is a very painful message because it speaks to the lives of the people of this country. As politicians, we need to change how we conduct ourselves. Let us give them the opportunity to enjoy the fruits of the resources that are God-given in this country. Let us not make them suffer because of our failure as leaders. This is a very important message brought in by the Minister. I wish if each and every one of us would be given a week to debate on this motion until we lose our voices but since we are given only limited time to debate, let me give others the opportunity to do so.
The main thing is, we are all Zimbabweans. There is no suffering that can go only to ZANU PF or MDC. No citizenship is allocated on political lines. We are all Zimbabweans. I thank you.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 1st March, 2023.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourth Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. SEN. KAMBIZI: Thank you Madam President for allowing me to debate the State of the Nation Address (SONA), by His Excellency the President of the Republic of Zimbabwe. The Address by His Excellency contained the legislative agenda and it also set out the pace for business of Parliament. Before going further, allow me to thank Hon. Sen. Mpofu and Hon. Sen. Chief Siansali, who are the mover and the seconder respectively. The two ably highlighted the issues raised by His Excellency in the SONA.
Most of the issues contained in the SONA were effectively dealt with by the mover, the seconder and my fellow Hon. Members. Therefore, I stand here not to reproduce the President’s SONA but may be to emphasise one or two issues that I feel need to be emphasised. I am going to talk of five, if not six items. The first one, I am going to talk about the completion of matters on the legislative agenda. I am also going to talk about agriculture, mining, the economy, manufacturing and modern and efficient infrastructure as expounded by His Excellency.
Under the legislative agenda, His Excellency clearly stated in his address that his address is coming ahead of the 2023 Harmonised Elections. For that reason, His Excellency reminded Parliament to accelerate the completion of outstanding issues as of the last Parliament. What this meant was; the two Houses, the Lower House and the Upper House had to tighten our belts to make sure that we are up to date with all the Bills that were outstanding as of 2022.
On agriculture, I am going to talk about two issues that the President talked about. The first one is the Presidential Input Scheme where the President targeted three million families. This type of agriculture is the best one for Zimbabwe, especially the communal areas. One - it is easy to manage; secondly, they get inputs from the President free of charge. Under this scheme, the President targeted five plots per each family, reproducing grain and oil seeds. This is called Pfumvudza/Intwasa. The second one is the Zunde raMambo/Isiphala seNkosi. This time the President extended it downwards up to the village heads. It used to be for chiefs but now it has gone down to the headmen and village heads. The President stated that the reason for doing that is because our leaders are constantly in contact with the community and when the community has problems that have something to do with hunger, they always run to the leaders at various levels. Therefore, the President felt that it was only necessary and reasonable that all the three stages be supported by Government.
In mining, His Excellency talked about growth in production of gold, coal, chrome and other related minerals. As exhibit, the President commissioned the following; Cam and Motor Mine Biox Plant, Radnor Mine and Blanket Mine expansion. His Excellency also acknowledged the contribution of our artisanal miners in that they contribute to the output of gold being sold to Fidelity Printers. He however advised that all those who were involved as artisanal miners follow the rightful path that is required to do that legally.
Under mining, he also advised that Government was decisively going to deal with the mining and smuggling of precious minerals. He went on to urge the players to operate legally and in an environmentally sustainable manner.
Madam President, on our economy, the President stated that the economy was growing much faster than the supply of power. No wonder why at the moment electricity is failing to cope. We have quite a number of black-outs here and there although we have some problems from our Plants. By now, Unit 7 from Hwange should have been commissioned and if it has not, I think there are one or two other things causing that.
Issue number 2, the President also talked about 300 megawatts from Unit 8 that was going to be commissioned during the first quarter of this year. In manufacturing, the rebound of the manufacturing sector is encouraging as expounded by His Excellency. The industrial capacity utilisation that has risen to 66% in 2022 as compared to 47% in 2020 is quite encouraging. Implementation of the local content strategy saw the introduction of new products that are critical in agriculture, mining, transport and other sectors of the economy.
On another note, His Excellency noted that modern efficient infrastructure is the cornerstone for economic development of this country. For example, we have seen 340 kilometres of the Harare-Beitbridge Road that has been completed and opened to traffic. We have seen the construction of Mbudzi Interchange which is currently underway. Local companies contracted under ERRP have created direct and indirect jobs for our people. Work on the Binga airstrip is on course. Bumi Hills is on course. Upgrading and modernisation of Robert Mugabe Airport is on schedule. Modernisation of Beitbridge Border Post is almost complete. If you get there, you will not say you are in Zimbabwe.
These are some of the highlights of the SONA 2022 as addressed by His Excellency, the President of the Republic of Zimbabwe, Dr. E. D. Mnangagwa. I felt I should stress this because these are things that we are seeing on the ground and not day-dreaming. I thank you.
HON. SEN. MATHUTHU: Thank you Madam President for giving me the opportunity to debate the State of the Nation Address that coincided with the Official Opening of the Fifth Session of the Ninth Parliament by the President, Dr. E. D. Mnangagwa. I would like to thank the mover of the motion Hon. Sen. Mpofu and the seconder of the motion Hon. Sen. Chief Siansali. It was a historic occasion for Members of Parliament and staff to have the President address in that state of the art and majestic new Parliament building in Mt Hampden. This beautiful structure came about through our excellent relations between the two countries, Zimbabwe and the People’s Republic of China. This is a result of our engagement and re-engagement policy, ably led and spearheaded by none other than our Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces, Dr E. D. Mnangagwa.
Of importance, the President talked about the achievement of our National Development Strategy 1. This address came when we are a few months towards 2023 harmonised general elections and therefore, as legislators, we are expected to speed up the completion of issues on the legislative agenda. I hope the elections will generate a lot of interest from the citizens of this country as more people will have a lot of interest to represent their constituencies in that magnificent building.
Our President also talked about monetary and fiscal policy measures that time had stabilised our economy but of late that indiscipline seems to be creeping up again and we expect the Minister of Finance to arrest the situation before it is too late. Even the month-on-month inflation for September 2022 had gone down to 3.5% from 12.4% in August 2022.
In agriculture, our President talked about the Presidential Input Programmes that he said was targeting over three million farmers at household level as agriculture is the backbone of our economy. We have some models for A2 and A1 farmers. The models are funded through CBZ and AFC loan schemes.
He also touched on the growth of our mining industry and gave gold as a good example. Of interest, it is seems the country was not aware of the new kid on the block. The President said a lot of investments in lithium sector were pleasing. We urge Government to deal with illegal mining activities and the smuggling of precious minerals, and also safeguard our environment.
The Head of State and Government also talked about empowerment of our youth and women. The President also heaped praise on our universities on the implementation of Education 5.0. Our universities are now producing graduates that create employment and not job seekers. This, he said was the greatest achievement on the Second Republic.
As I conclude my debate, as some of the issues were ably dealt with by my fellow Hon Members, I would like to urge our ministers to expedite the tabling of the remaining Bills to both Houses and to urge all political players to take heed of the President’s call to maintain peace, unity, harmony and tolerance as we move towards the 2023 harmonised elections. We say no to violence under the Second Republic. I thank you.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for giving me this opportunity to add my voice to the motion. I would like to applaud the message pronounced by His Excellency on the State of the Nation Address. The President said a lot of important words and the most important thing I got is that let us work in unity. If we are able to work together, we will be able to achieve this development. The President also alluded to NDS1 achievements; this shows that people understand the progress achieved through NDS1.
Mr. President, I also want to allude to the President’s address with regards to agriculture. He said that people should continue to produce through agriculture freely, especially under Pfumvudza/Intwasa. It really led to the achievement of great yields throughout the country because people got free inputs such as fertiliser and seed. The people really welcomed that and the President also said that. So, I really would like to applaud that agriculture should continue in ernest.
Mr. President, with regards to mining, the President really highlighted how the country got a lot of progress from mining proceeds although you also pointed out illegal activities by some miners who were supposed to regulate their work and operate legally. We also like to allude to infrastructural development. No one can doubt that the Second Republic has achieved a lot infrastructure such as roads, housing and other new mines that have since opened. We have seen a lot of wisdom coming from Government through such achievements so we should really appreciate such achievements.
The biggest message by His Excellency the President is that we are going towards elections and ZEC has played its role. They have done their part. We are yet to applaud them and also we would like to appreciate the census that took place using modern technology. That is also one achievement that we should applaud. His Excellency the President said those elections should be done in unity as citizens of the same country. Let us do it in harmony, especially as leaders in the National Assembly and Senate.
We are the ones who are supposed to set a good example as we go to the people. Mr. President, with those few words, I would like to support that the President’s message is very insightfully to this country.
I thank you.
HON. SEN. MUZENDA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday 1st March, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MUZENDA: Mr. President Sir, I move that Order of the Day, No. 5 on today’s Order Paper be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
MOTION
PROMOTION OF DEVELOPMENTAL PROGRAMMES FOR THE PROTECTION OF THE ENVIRONMENT
Sixth Order read: Adjourned debate on motion on the sustainable management of waste.
Question again proposed.
*HON. SEN. KOMICHI: Thank you Mr. President. I would like to thank the Hon. Member who raised that motion. The motion is very clear, it refers to waste management and indeed there is a lot of garbage around and it is so disgusting to look at. If you walk around down town towards Mbare, you will find heaps of garbage. If you go to Mbare, you cannot even walk properly because there is litter including the high density suburbs. Nobody wants to walk around dirty or to leave in a place that is full of litter. If you see Hon. Sen. Komichi with unkempt hair and torn clothes without bathing and with a bad odor, you will know that it is either he is sick or is extremely poor.
This is the image of our urban settings, it means our city fathers are struggling because as I likened it to a person, if you do not bath, you are poor because you are not be able to buy soap and you are not be able to buy new clothes. Sometimes it is because of such extreme poverty that services are not maintained. So the litter that you see everywhere shows that this country is suffering, we may attack each other or criticise each other that the local authorities are not doing anything, it is because of extreme poverty. Sometimes if we were to search the coffers of local authorities, you will find that there is no money. It means the economy of this country cannot sustain garbage or waste removal. That is abnormal to say all the urban cities or urban authorities are unable to get rid of garbage to deliver service; it means that the economy is not working. We need to come up with suggestions because this is a clear sign that the economy is not working. We need to address the root cause of the non-removal of waste in this country.
Mr. President, as Government, we need to come up with plans to resuscitate the economy of this country. In my previous contribution, I alluded to how things were no longer moving in this country, where we were in extreme poverty when even our shops were empty and we were importing everything but when the leaders sat down, they came up with solutions. If we are unable to be honest, it will not help the citizens of this country. Let us be honest so that we ensure that there is progress in this country. We must unite. Let us work as one family. How do they do it in Rwanda? They go for elections but after that, they unite and there is a lot of progress because they are not ashamed of being honest. Rwanda is one country that has exemplary leadership in terms of unity and peace because people want to work together. They have a mechanism that they respect as citizens of Rwanda, whether you are Hutu or Tutsi or any religion, you are supposed to follow that system.
Mr. President, today we sing praise to Rwanda that there is development and it is clean but why do we fail to do that as Zimbabweans? I tried to walk around down-town and I was ashamed because it is so disgusting; there is a lot of litter. I called the Mayor and the Mayor told me that there are no resources. As Parliamentarians, we have the right to be honest. This country must come up with inclusive government mechanisms. It is the only way that brings solutions. If you are ashamed of being honest to say that only unity can bring progress in this country, we will be lying to ourselves. If we think foreigners are the ones who can help us, we will be lying to ourselves. We will continue suffering and those foreigners will be happy and will laugh at us. Foreigners are not happy to see us uniting as a country and as Africa because when you unite, they will fail to come and exploit our resources and some of us, to perpetuate their allegations on sanctions. If we unite, no sanctions will stand the unity of Zimbabweans and Africans.
Africa must realise the root cause of poverty. We are divided by foreigners, be it whites or what colour, none of them like us. Let us unite and respect our dignity. Leaders in this country as well as Africa should stand up and preach unity starting from this House and all the people. Mr. President, all the time that we have united, we succeed; in 1980, we succeeded. We have some of our leaders who went to the liberation struggle. They had separated in Mozambique after losing some 5 000 people but in 1980, they united with that white settler who had bombed us in Chimoio. We used to sing against Muzorewa but in 1980, we united. After achieving that unity and peace, we focused on our economy and there was progress.
In 1987, there was conflict between Matabeleland and Government, but after the Unity Accord and peace achievement, we focused on the economy and there was progress. In 2008, we did the same after fighting during elections. The former President Mugabe and Mr. Tsvangirai united and we were able to achieve unity, peace and economic development. So, that is our way of doing things as blacks. We have our way in which we are supposed to operate. Let us respect our culture not to emulate other people’s cultures where we insult each other. Our culture is the way to go. They do not want to see us in peace, so if we are united, they will not be able to perpetuate…
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. KAMBIZI): Order, order, you seem to be moving away from the motion.
HON. SEN. KOMICHI: Thank you Mr. President. I was trying to focus on causes of problems being faced by the country. Thank you.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for giving me this opportunity to add my views on this motion of ensuring that we keep our environment clean. Firstly Mr. President, what happened this term of the Second Republic, the President himself realised that there is too much litter in this country and gave certain examples that he does not want litter and set aside time for clean-up campaigns. It is as if he provoked the people to be more careless.
Mr. President, we must blame mostly the local authorities. We came from there. A local authority budgets for everything before they start their work. That budget is taken to the Minister for approval. So what it means is, refuse collection generates a lot of money that the citizens pay for but I think the problem lies with management of those funds or maybe as Government, especially us legislators, we should put laws that put conditions on who should be elected a councilor because some of the people fail to achieve that because of their backgrounds. They may not know anything to do with cleanliness.
Local authorities must make budgets that are approved by the Ministers on waste management. So there is zero management. There must be monitoring and evaluation. Each and every local authority should start working from there. Garbage and litter has destroyed our cities, especially our main cities Harare, Bulawayo and other cities. It is an eyesore. There must be a thorough enquiry. As legislators, we must put laws in place instead of tolerating garbage everywhere as well as potholes. People have paid for those monies and the budgets have been approved. So where is that money going?
Yes, one speaker said it is because of poverty, yet the poor people are the ones that are being milked that money but the local authorities are failing to act. There is a lot of garbage in places like the City of Harare and that has to be rectified. Monitoring and evaluation must be implemented there. The advantage in the rural areas is, councilors are given tasks to achieve. So they compete to fulfill those tasks or maybe all the revenue that is being collected is not going to the intended purpose. Even the Minister must also understand that they need to act upon those things. Even those buses that travel there must be litter bins. Commuter omnibuses do not have litter bins. By-laws have to be rectified and we must have strong laws, not leaving people to do what they want but the biggest thing is that by-laws must be made by councilors so that they see all the litter and the garbage that we see.
There is no better place right now. The President has set an example by putting the first Friday of the month as a clean-up day, so what is their problem? Why are they failing to collect refuse? They must buy the refuse trucks. Each and every province and ward should be scrutinised or else we as political leaders should criticize each other. The leadership should ensure that things are rectified. Even our people, we are now going towards election; I am sure the people will now be able to choose who should be re-elected. The Ministers should ensure that people who are elected are people who are able to deliver, not someone just coming from nowhere and are chosen as Ministers or the mayor. There must be thorough vetting. There should be references on whether that person has leadership training and qualities. It cannot just be anyone. I thank you Mr. President.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday 1st March, 2023.
MOTION
PROTECTION OF VICTIMS OF TRAFFICKING
Seventh Order read: Adjourned debate on motion on measures to combat human trafficking.
Question again proposed.
HON. SEN. MUZENDA: I move the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 1st March, 2023.
MOTION
REPORT OF THE 145TH ASSEMBLY OF THE INTER-PARLIAMENTARY UNION AND RELATED MEETINGS
Eighth Order read: Adjourned debate on motion on the Report of the 145th Assembly of the Inter Parliamentary Union and related meetings held in Kigali.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 1st March, 2023.
MOTION
CONSTRUCTION OF SCHOOL INFRASTRUCTURE AND RECRUITMENT OF ECD TEACHERS
Ninth Order read: Adjourned debate on motion on the challenges affecting early child learning.
Question again proposed.
HON. SEN. MABIKA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 1st March, 2023.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. MATHUTHU, the Senate adjourned at One Minute past Four o’clock p. m.
PARLIAMENT OF ZIMBABWE
Thursday, 16th February, 2023
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE DEPUTY PRESIDENT OF SENATE in the Chair)
APOLOGIES RECEIVED FROM MINISTERS
THE HON. DEPUTY PRESIDENT OF SENATE: It is disheartening to see the low turnout of Ministers today, only two of them. I have apologies from the following Ministers: - Hon. O.C.Z Muchinguri-Kashiri, the Minister of Defence and War Veterans Affairs, Hon. D. Marapira, Deputy Minister of Lands, Agriculture, Fisheries, Water and Rural Development; Hon. D. Haritatos, Deputy Minister of Lands, Agriculture, Fisheries, Water and Rural Development; and Hon. K. Kazembe, Minister of Home Affairs and Cultural Heritage.
In the Chamber so far, we have Hon. Minister Chombo, the Deputy Minister of Local Government and Public Works; Hon. Machingura, Deputy Minister of Higher and Tertiary Education, Innovation, Science and Technology Development Hon. M. Mudyiwa, the Deputy Minister of Energy and Power Development; and as usual we have Hon. F. Mhona, the Minister of Transport and Infrastructural Development – [HON. MEMBERS : Hear, hear.] – who religiously turns up for Questions on Thursdays – Well done Minister.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. SIPANI-HUNGWE: My question is directed to the Minister of Local Government. For us to live is by the grace of God. what is Government policy regarding litter which is around the major cities? Litter is scattered all over the roads because people do not have bins to dispose of their litter.
Years back, when one went to pay rates to council, they would be given a black bin but it is no longer happening these days. So people are dumping garbage along the main roads and all over the place.
We are in the rainy season and many diseases are prevalent during this time like typhoid. I went to Town House recently and noticed that the place has deteriorated, there is dirty all over. Therefore, is the Local Government aware of what is happening in our cities and towns? Tourists used to visit Town House but right now the place is in a disgusting state because of dirty. Having worked for council before, I was actually shocked to see such dirty at the Town House.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Mr. President. I want to thank Hon. Sen. Hungwe for that pertinent question. The issue that you raised is a touching issue. His Excellency, the President introduced the Clean-up Campaign which is on the first Friday of every month. Recently, he was speaking at the Aspindale project saying that the litter which is not being collected by councils is worrisome. As Local Government, we cannot run away from that because local authorities fall under our ministry as the responsible line ministry.
We have noted with great concern that councils are not being effective in their service delivery, so we then decided to use devolution funds. Looking at the capital expenditure that is going to be done this year, there is an allocation of tippers, trucks and bins that are supposed to bring sanity to the cities because councils are not buying bins despite getting money. So, in this year’s budget, we are going to channel funds towards graders for fixing roads then tippers and bins so that we clear the roads.
It is also important to have leadership that values efficiency. On that note, we have introduced Performance Appraisals and Key Performance Areas (KPAs), including looking at the Chief Executive Officer or the Town Clerk and how they discharge their duties particularly service delivery, the collection of waste and other responsibilities. I want to promise that as the Ministry of Local Government and Public Works, we are doing our best. We are working together with our municipal authorities so that we clean our cities. I thank you.
*HON. SEN. TONGOGARA: Thank you Mr. President Sir. The Hon. Minister said that after noting that local authorities were not doing their jobs properly, as the parent Ministry, what is the Ministry doing regarding service delivery and playing the watchdog role over the municipal authorities so that our cities are clean, instead of diverting devolution funds to waste disposal? The Devolution Fund should be used for other responsibilities that will make our cities clean. I thank you.
*HON. CHOMBO: Thank you Senate President and thank you Hon. Sen. Tongogara for that supplementary question. Like I said before Mr. President Sir, as the Ministry of Local Government and Public Works, we introduced quarterly performance appraisals; meaning that we will review what CEOs and Town Clerks are doing every three months and whether they are doing their work properly.
We noted that they do not have enough equipment, that is why we decided to use devolution funds to support municipal authorities so that they have the requisite tools for cleaning up our cities. I thank you.
*HON. SEN. CHINAKE: Thank you Mr. President Sir. My question is directed to the Minister of Higher and Tertiary Education, Innovation, Science and Technology Development. This year five thousand children (5 000) had their results nullified due to leaked examinations. What is the Ministry planning to do in order to safeguard exams because parents lost their money sending their children to school? You will find that exams leak and children are disadvantaged. What is the Ministry planning to do to avoid repetition?
*THE DEPUTY MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. MACHINGURA): Thank you Hon. President and thank you Hon. Senator for that question.
THE HON. DEPUTY PRESIDENT OF SENATE: Order, please be connected.
*HON. MACHINGURA: The leaking of examinations …
THE HON. DEPUTY PRESIDENT OF SENATE: Order, order, now your mic is off.
*HON. MACHINGURA: Thank you Mr. President. The leaking of examinations is like sending someone to fetch water then they fetch water using a leaking bucket. They would have done their job but not effectively. So, there is no administration or Ministry that wants exams to leak.
In the Ministry of Higher and Tertiary Education, Innovation, Science and Technology Development, we do not have that challenge of leaking of examinations and should an examination leak, the best way is to nullify the results so that supplementary exams are written. So, I do not know whether the Hon. Senator is asking about higher and tertiary education in universities and tertiary colleges or he is alluding to primary and secondary education?
THE HON. DEPUTY PRESIDENT OF SENATE: Secondary; and he was hoping since you are higher and tertiary education, perhaps you have some knowledge as to what transpired in primary and secondary education. Hon. Sen. Chinake, am I correct in making that assumption?
HON. SEN. CHINAKE: Yes, Mr. President Sir.
*HON. MACHINGURA: Thank you Mr. President. I think we need to direct that question to the relevant Ministry, the Ministry of Primary and Secondary Education because the examination processes are different.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen. Chinake, you will have to put your question in writing so that the relevant Ministry gives you a competent answer.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for giving me this opportunity to share my view point. My question is directed to the Minister of Local Government and Public Works. We have noted that in other areas, the Ministry of Transport and Infrastructural Development has a road that connects Lomagundi Road and Mazowe Road; there are Sandton and Mazowe locations and there are potholes in those areas.
Hon. Minister, we are aware that the Ministry of Local Government and Public Works has graders and tippers but we are yet to see that equipment working on the potholes. What plans does the Ministry have, particularly in such areas to alleviate these potholes especially looking at the road that leads to the new Parliament building? I thank you.
*THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Mr. President. I want to thank Hon. Sen. Chirongoma for that pertinent question. This season, it is very clear that this is happening all over. When we look at the onset of the rain season, our roads were really affected by rainfall. His Excellency the President introduced the Emergency Road Rehabilitation Programme, a programme that empowers the Ministry of Transport and Infrastructural Development and the onus to link up the major DDF and council roads because the President had noted the importance of a good road infrastructure. I would like to ask, through you Hon. Senate President, that the Hon. Minister of Transport and Infrastructural Development, Hon. Mhona, to explain because this falls under his purview. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: We have also been joined by the. Minister of Information, Publicity and Broadcasting Services, Hon. Mutsvangwa as well as the Deputy Minister of Finance and Economic Development, Hon. Chiduwa.
Hon. Chirongoma, you seem to want to say something?
*HON. CHIRONGOMA: Thank you Mr. President. Let me redirect the question to the Minister of Transport and Infrastructural Development.
THE HON. DEPUTY PRESIDENT OF SENATE: Alright, you may resume your seat. Hon. Minister, would you want to make a comment on that?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President. I want to thank Hon. Sen. Chirongoma for that pertinent question which gives us the opportunity to explain to this august House. Indeed, he is very correct. The Ministry of Transport works with four departments: the department of Roads, local authorities, the Rural District Councils and the DDF. His question is relevant because the roads fall under the Ministry of Local Government working with councils. Local Government as a Ministry is responsible for such roads and the watchdog role over the municipal authorities. The support by His Excellency means that when the departments do not perform well, sometimes we intervene. It means that councils have that responsibility of fixing those roads because they are allocated funds from ZINARA. This is the money which is supposed to be alluded to and they are supposed to use that money to cut grass along main roads and working on drainages and other responsibilities.
The Ministry reviews and when they feel that they have not done well they can approach the Ministry. There are some roads which must be rehabilitated by councils and when they do not do that, it must be clear that it is not the responsibility of the central government but their responsibility is to work on those roads, traffic lights and the safety of people by making sure traffic lights are working. It was not given to the Ministry as a responsibility. Everyone should play their part, whether it is taxpayers’ money which is allocated to the different responsibilities, there must be clarity on why people are not doing their jobs. If there are roads which really need attention, because we have a listening President, you can approach our Ministry and because our President is listening, we will come and assist you.
*HON. SEN. SIPANI-HUNGWE: Thank you Mr. President. My supplementary question is that Hon. Minister, when we pay rates, there is an allocation for roads, sewer and refuse collection. We can say that Government but the Ministry of Local Government is being requested to supervise local authorities so that we know how these monies are used. I contribute to Harare, I have a farm and I am paying my rates. I would want to know where the rates are going. We noted that the President, after noting that things are not in order, then tasked the Minister of Transport to look into the issue. The question now is, people may want to know where the money they pay towards rates, refuse, roads and the street lights is going?. This is indicating on people’s bills and the money they pay at councils. It must be clear what these monies are being channelled to. This is directed to the Minister of Local Government.
* HON. CHOMBO: Thank you Mr. President. I want to thank Hon. Sen. Hungwe for the supplementary question regarding the collection of rates. Indeed, when we look at the collection efficiency of rates, you would note that the money they collect from people is a bit low. The money they are earning – what we have been going through, like COVID-19, you would find that some people were not able to pay their rates properly.
It does not mean that all the monies are being used properly. We have also noted that sometimes the money is not being used for what it is supposed to be properly used for. We have had misappropriation of council funds and we urge them to channel the funds for waste collection to waste collection but you would discover that this money is coming into their coffers but it is not being used properly.
I concur with you Hon. Senator, that is why we spoke about performance appraisals and follow-ups every quarter. This will give us an indication of where they are failing. One of the key performance areas is to audit these monies so that we know how the monies were used. In the near future you will see a difference when we do these appraisals. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: I want to acknowledge the presence of Hon. Sen. Monica Mutsvangwa, Minister of Information and Publicity who is also the Leader of Government Business in the Senate. Thank you.
*HON. SEN. KAMBIZI: Thank you Mr. President. I want to direct my question to the Deputy Minister of Higher and Tertiary Education. Mr. President, Zimbabwe is a country which is known for its high quality education and it is a country which has the most educated population. The examination leaks, whether it is secondary schools or universities, it is there. In universities, the leaks are still a bit lower. In the past year, we heard about a case of someone who was arrested, which means in both higher and tertiary education and primary and secondary education, it is there. I want to ask regarding the higher and tertiary education. You find that someone gets 10 or 15 As at A’level. We want to make sure that the quality of education is maintained. So, the higher and tertiary education which takes people after the leaks of the exams; my question is, what is the Ministry doing so that the quality is maintained. Maintaining the quality of our education is important. Minister, so what are you planning to do to control the quality of education?
*THE DEPUTY MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. MACHINGURA): Let me answer by saying that sometimes you think that a job has been done, yet it has not been done. Indeed, Zimbabwe has always been respected for its quality education in that we have educated people who are hungry and wait for other people to do things for them, and this is a challenge. Our education was about speaking good English and doing other things, which is literacy and the literacy rate was high. So in higher and tertiary education, through the President, Hon. Dr. E.D. Mnangagwa’s vision, we decided to re-design our curricula so that there is culture change in how we view education.
To us, education is the empowerment of people so that they are able to fight poverty and there is development of the economy. Education should empower a person with analytical skills to analyse the people’s needs and solve those needs. Looking at the leaks of examinations, we are removing the capacity to analyse when someone has leaked exams. This works against our 5.0 Curricula. In education, we have the ZIMCHE Board which tells us if a programme is supposed to be done in a university, whether the programme can be done at university level and benefit the nation or not. If a person is educated and empowered with that degree, then they must be empowered with skills, it is not about examinations but about the application of the theory in the practical world. So, the Ministry of Higher and Tertiary Education is not only preparing a paper oriented person but an empowered individual who is educated and skilled.
HON. SEN. MOHADI: The question asked here is about the leaking of examination papers. The original questioner said that you find that at other schools that are suspected to have leaked examinations, you find children getting about 6As and so on. At A’level, those who will have obtained As are the ones who will get admitted into schools. So what about the rest of the students from other schools who did not get examination leakages? Of course, they are supposed to get other business to do but that part has not been answered.
THE HON. DEPUTY PRESIDENT OF SENATE: Yes, I am sure it has not been answered because he explained that is a specific question which resides in the Ministry of Primary and Secondary Education.
HON. MACHINGURA: I believe that if the Leader of the House wants to assist me, she can do that but we were alluding to the fact that the leaks of examinations is not acceptable in both primary and secondary education and higher and tertiary education. The Ministry of Primary and Secondary Education is working with ZIMSEC to put control mechanisms at ZIMSEC so that exams are secured. In the Ministry of Higher and Tertiary Education, we have our councils in universities and they are also seized with this matter so that they control the leakages of examinations. They are working on that so that they put control mechanisms.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): I just want to buttress the point which the Deputy Minister of Higher and Tertiary Education, Hon. Machingura has just said. What the two Members of Parliament are concerned about is about leaking. I think the issue of examination leakages needs to be dealt with and I think the Ministry of Primary and Secondary Education is dealing with the issue of examination leakages but to punish students who will have passed without evidence that they have copied, that would not be fair.
Again, I think to just make sure that we protect our education system which has been an admiration by the rest of Africa and the world, it is very important that ZIMSEC and the Ministry of Primary and Secondary Education deals with this issue and make sure that the corruption is nipped right in the bud. Otherwise, we want to continue to have our children, because even before the leaks, the universities continued to take children who had 12 points and above for certain courses and I think the point was now, other children who are not having access to these papers which are being leaked, why are we not taking them. What it means is we are reducing the standards by taking children simply because they are coming from other school where they were no leaks. The idea here is the Government, as leaders, we need to nip the corruption which is happening and make sure the corruption which is happening is nipped in the bud.
+HON. SEN. C. NDLOVU: My question is directed to the Minister of Local Government. It is about the issue of devolution which is in our Constitution since 2013. It has been 10 years and it has not come to Parliament for operationisation of that Act so that communities out there benefit from the Devolution Act which is provided. I come from a community which is desperately in need of managing its resources. The simple question is; why has the Bill not come to Parliament? You went to Nkayi as a Ministry and you were unhappy with what was happening there and you made certain recommendations and I also tried to make some follow-ups with councillors as to how devolution funds are being used but no-one seems to be having an answer. No-one seems to know what is happening. With that type of confusion, I need to understand how the funds are being disbursed in the communities where councillors and even the local Members of Parliament seem to have an idea of what is happening.
HON. CHOMBO: Thank you very much Hon. Sen. for querying on the devolution funds. According to our Constitution, Section 301, there is supposed to be 5% set aside for devolution. That fund is supposed to alleviate poverty, those who are marginalised and also the infrastructure. We have a formula which is weighted average. I think it is 20, 30 and 50% weighted average in that proportion. I understand and agree that the Bill is late but we have done everything that we are supposed to do within our Ministry. Right now, the Bill is sitting at the AG’s office. We have queried with the Ministry of Justice and they have hinted that they are short-staffed as far as that area is concerned but they are doing the best they can to make sure that they address that resource shortage so that they push through outstanding Bills.
As far as disbursement of the funds, this is done by the Ministry of Finance based on the Finance Act.
HON. SEN. C. NDLOVU: What is the function of the provincial councillors that were appointed in 2018 if they are not seized with the issues of devolution?
HON. CHOMBO: If you look at the way the devolution funds are supposed to be used, there is supposed to be an Act of Parliament and it is not yet there. Based on what is required on the ground, we could not just let that facility go through when we know very much that our communities are marginalised and not use that fund. Also, when they were appointed during the 2018 election, it was in anticipation that by then, the Metropolitan and Provincial Bill should be in place by then. It has delayed but it was in anticipation that when they took their positions, that Bill would have been in place. It has delayed and it is not by the decision of the Local Government.
THE HON. DEPUTY PRESIDENT OF SENATE: Two more Ministers have joined us here, the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi and Hon Muswere the Minister of ICT.
HON. SEN. KOMICHI: This issue of the Devolution Act is a very serious matter in the country. Now that the Minister of Justice is here, could he help the Minister of Local Government to explain why they have neglected their work to make sure that the Bill is brought here whilst other Bills are being brought efficiently and effectively by the Minister? We are worried Minister, can you help us?
THE HON. DEPUTY PRESIDENT OF SENATE: I know English is a second language to all of us. I do not know why you think the Minister should help the other Minister. Perhaps what you wanted to say was, whether the Minister of Justice can help clarify. Hon. Minister of Justice, would you want to comment on that?
*HON. SEN. KOMICHI: Let me speak in vernacular. I am saying the Devolution Act is something that we have alluded to since 2013 and it was not passed. The 2013 councillors did not perform their responsibilities and then we came to the second phase in 2018. The Act was supposed to come to this august House and the Hon. Minister took it back. The provincial councils have not been enacted and are not working. The expectations have not been met. Elections are about to take place. Why is this happening? We are aware that there are drafters as we are seeing Bills coming in here every day. Is there a difference in the Devolution Bill and others Bills? We have noticed that the Ministry of Local Government is facing challenges – Hon. Minister of Justice, may you please assist us in explaining this issue?
*THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Senator, why are you not asking the question directly to the Hon. Minister of Justice? The Minister of Local Government did not say that they are not able to draft the Bill but there is a shortage.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I would like to thank Hon. Sen. Komichi for the question – what should provincial councils do? Let me start by giving a brief background that indeed after the 2013 elections, there was no law regarding that aspect. In 2018 again, there was no specific law. However, after the 2018 elections, we decided to work on enacting the law.
Indeed, the Bill was brought to this House but the Constitution had a lacuna - for example looking at provincial councils in rural areas, the law was clear that there should be provincial councils but in Metropolitan cities, it was not clear because when there was the issue of committees for provincial councils, there was a gap and we decided that we needed to work on the Constitution.
Unfortunately, during that period, we experienced COVID-19. However, at the moment, we are now aligning the laws to the Constitution. My promise is that those who write laws are few indeed but before the elections, we commit ourselves to bringing this Bill to this august House so that we do not run three elections without enacting that law. People would then say yes, you have won the election but you still have outstanding Bills.
Of course, at one point because of COVID-19, the amendments to the Constitution were delayed but I believe that this should be done before the elections. I thank you.
*HON. SEN. MURONZI: Thank you Mr. President. My Question is directed to the Deputy Minister of Local Government. Hon. Minister, last year in November, I went to Mukwati Building, I was really pained by using the staircases. For three months, the elevator was not working, so I would like to ask if the elevator has been fixed. I thank you.
*THE MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Hon. Senator for that question and I concur with what you have said…
Cell phone rung
THE HON. DEPUTY PRESIDENT OF SENATE: Order! Can you take that hand bag out of the house? Do, I have to remind Hon. Senators to put your phones on silent or better off switch them off? You are now disturbing the business of the House when important questions are being asked. My apologies Hon. Minister for the disturbance.
*HON. CHOMBO: Thank you Mr. President. The issues of elevators have been affecting a lot of people. It is not Mukwati building only but even Kaguvi Building. However, this has been brought to our attention; a lot of people have expressed concerns that they cannot go to the 13th or 14th floor using staircases because of different health conditions such as arthritis but we have since fixed a number of elevators in Government buildings, so most of them are now working.
*HON. SEN. SHUMBA: I want to direct my question to the Hon. Minister of Transport. Firstly, I would like to appreciate that he is doing a good job; we are seeing progress in roads and even in air services but how about in the locomotive industry? What is the Government plan regarding the fixing of railways and trains because our roads are being damaged by large haulage trucks? I thank you.
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President. I would like to thank the Hon. Sen. for that pertinent question. I want to concur that indeed our roads are being destroyed by the cars which are carrying heavy loads, the loads which are supposed to be on trains.
Therefore, I would like to notify the Hon. Senators that our roads are still intact. We have noted that most of the trains are old and they affect even movement of locomotives on these railway lines. COVID-19 pandemic contributed to this dilapidation of our trains because commuter trains linking different cities were stopped.
Indeed, the NRZ is working hard to procure new train engines and wagons which will be used. I would like to inform the nation that our goods, whether agricultural produce or mineral produce, will be carried through our railway lines. Our Ministry is working hard at making sure that we buy new trains and this is being done under the vision of our visionary leader, Dr. E.D Mnangagwa. Very soon our roads will be maintained in a good state because goods which were being ferried through the road, going forward will be transported through the railway line.
Questions Without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order No. 67.
HON. SEN. KOMICHI: Mr. President Sir, I move that the time be extended by 30 Minutes.
HON. SEN. MURONZI: I second.
THE HON. DEPUTY PRESIDENT OF SENATE: Order, order, the time for Questions Without Notice is extended by Five Minutes.
*HON. SEN. CHIMBUDZI: Thank you Mr. President. My question is directed to the Minister of Information Publicity and Broadcasting Services, Hon. Mutsvangwa. Let me start by saying condolences on the passing of the late Hon. Mushohwe. What is Government doing in terms of informing the nation about COVID-19, particularly to help the nation so that we do not continue to lose lives through COVID-19?
* THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): Thank you Mr. President Sir. I want to thank Hon. Sen. Chimbudzi for that question. Thank you indeed for the condolence message regarding the passing on of our national hero Cde. Christopher Mushohwe who comes from Manicaland and I was his Senator. He was a dedicated cadre who loved his country and the Marange community even when he did not perform well in elections; he continued dedicating himself to developing Marange. Indeed, this is an issue of national importance and we also pass condolences to his family. He was laid to rest today at the Heroes Acre.
The Hon. Senator’s question regarding COVID-19; as a nation, we did our best and are above many nations that managed to contain this pandemic. We appreciate the role played by newspapers, televisions and other media channels that disseminated information to our nationals. We had a Call Centre with a toll free line for easy access to all Zimbabweans if there were COVID-19 cases. Indeed, we have managed to contain and have relaxed conditions. You will find that there are some people who still wear masks because COVID-19 is still there but as a nation, we are running adverts on televisions and community radios in different areas.
Our radio stations that were given licences are disseminating relevant information that was prescribed by the World Health Organisation (WHO). Everyone should be vaccinated, As Senators, we lead people in different constituencies, so let us continue educating people about the importance of vaccinations. Our President Dr. E. D. Mnangagwa did a good job in sourcing for vaccines. As a country that was burdened by sanctions, many people thought we were going to suffer a lot but as a nation, we worked with those countries that work with us and managed to source for more than 10 million vaccines.
In Harare and Chitungwiza, we have not met the 70% target. So we urge our Senators to educate people and urge them to continue getting vaccinations because if you are vaccinated with the first two vaccines and the booster; you will not suffer much even when you are attacked by the virus. Let us continue exercising hygienic practices like washing hands. When using public transport or not; you need to wear your masks whenever you are in public places. The number of people who tested positive for COVID-19 was more than 141 000. The Ministry of Health and Child Care has a campaign of vaccinating school-children. We want to reach the 70% head immunity.
As a country, we appreciate our Government, His Excellency and the good job that is being done by our media to disseminate information on COVID-19. I thank you.
Questions Without Notice were interrupted by THE DEPUTY PRESIDENT OF SENATE, in terms of Standing Order No. 67.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I move that Orders of the Day, Numbers One to Seven be stood over until Orders of the Day Numbers Eight and Nine have been disposed of. Thank you.
Motion put and agreed to.
SECOND READING:
JUDICIAL LAWS AMENDMENT BILL [H. B. 3A, 2022]
Eighth Order Read: Second Reading: Judicial Laws Amendment
Bill [H. B. 3A, 2020].
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon. President Sir. Mr. President, I rise to give my Second Reading speech on the Judicial Laws Amendment Bill. Mr. President, allow me to present my Second Reading Speech on the Judicial Laws Amendment Bill. The Bill seeks to amend a number of our judicial laws; more specifically, the Bill seeks to amend the following Acts:
- Constitutional Court Act.
- Supreme Court Act
- High Court Act
- Labour Court Act
- Administrative Court Act
- Magistrates Court Act and the
- Criminal Procedure and Evidence Act
Mr. President Sir, as narrated in the Memorandum of this Bill, its purpose is twofold. It seeks to provide for virtual court sittings in both civil and criminal proceedings and to align various provisions of judicial laws to the Constitution.
Mr. President Sir, the advent of COVID-19 pandemic presented a challenge to the conduct of trials in our courts. It however presented an opportunity for our courts, not only to come up with adaptive methods to COVID-19 but to synchronise conducting of trial and the new Integrated Electronic Case Management System. This gave birth to virtual courts. The Bill before the House seeks to provide for virtual court sittings in both civil and criminal proceedings provided the parties consent to have proceedings conducted virtually and also if consent is not withheld, without reason, the presiding officers can make a ruling. So the law will actually allow for a scenario which is just to prevail as to whether the proceedings should proceed by way of virtual or by physical hearings. These virtual courts will enable access to justice to be done quicker and will create accessibility for justice litigants who are outside the jurisdiction of a physical court and also to litigants who, for some reason, cannot have access to the physical court. This is a step towards realisation of the right to a speedy trial.
There might be concerns that virtual courts do not afford accused persons and civil litigants the right to a public trial. The truth is, virtual courts accommodate public access to trial more than physical courts. A few members of the public may be accommodated in a court gallery as opposed to a trial by zoom which can accommodate even up to 500 people.
Mr. President, the Bill also seeks to insert a new section to the Criminal Procedure and Evidence Act. This new section will provide for virtual court sittings in bail and remand other than initial remand proceedings. This is however, subject to the availability of facilities and also provided that the prosecutor and the accused have the right by means of the virtual procedure, to question a witness and to observe the reaction of that witness.
Mr. President Sir, the Bill before this House seeks to repeal and replace Section 193 of the Criminal Procedure and Evidence Act and substituting it with a section that places an obligation upon the State, of ensuring the availability of a Sign Language Interpreter in a case where the accused person has hearing or speech impairment or both. Further, the Bill gives power to the court to release the accused person on bail or remove such person from remand where the State has failed to secure the services of a Sign Language Interpreter.
In addition, with regards to derogatory descriptions, the Bill removes and replaces words like idiocy, malady and mental disorder and adopts the wording of the Convention on the Rights of Persons with Disabilities.
These amendments with regards to the provisions in the Criminal Procedure and Evidence Act on persons with disabilities, once enacted, will offer protection of the rights of accused persons with hearing or speech impairment or both, and also uphold the rights of persons with disabilities through the use of the correct terminology.
Mr. President Sir, I will not go through the rest of the clauses as the accompanying memorandum clearly explains what the Bill is all about. I therefore Mr. President, urge Hon. Senators to pass this Bill which is very progressive to allow the judicial system to operate efficiently whereby we can use modern technology to ensure that our courts dispense justice faster. Mr. President Sir, I therefore move that the Bill be now read a second time. Thank you.
*HON. SEN. KOMICHI: Thank you Mr. President. I want to talk about the Bill which was brought to this House saying that this is pleasing that Zimbabwe as a nation goes along with modern trends, with development. What we were coming across in the courts, you would find that prisoners could not come to court because there were no vehicles. Sometimes there was no diesel. At times someone who was supposed to be given bail or whose case was supposed to be dealt with on a particular day could not get justice on that day because of logistical challenges of coming to the courts. Now that when it is bail application, the actual court process can be done using virtual courts, this is appreciated Mr. President.
Will the virtual court deal with cases whether I am in Johannesburg outside the country or I get my bail from outside the country; whether I might not go to court, whether I am in Crowhill, then I can go on virtual? After the judgement, can I then be picked up? We want clarity as people, what this means and the areas that will be covered by the virtual court so that there is no confusion of that issue. There is need for clarity whether there is criterion on whether it is a case of murder or what, or if it is murder, the accused then goes to the magistrates courts. I appreciate this Bill and this shows that we are progressive as a nation, but I want clarity.
*HON. SEN. TONGOGARA: Thank you Mr. President for giving me this opportunity to appreciate the Minister of Justice for the Bill he brought to this august House. We know Mr. President that the courts have a challenge where there is a backlog. Some cases take so many years until the dockets are no longer found. I want to ask the Minister - does it mean that corruption cases which are in courts will also be expedited as soon as possible so that the perpetrators get their judgments as soon as possible? I also want to know about Section 722 which says ‘Friend of the Court’. What does that mean to be called a friend of the court? This is not clear; I do not understand it.
Then Clause 8 which speaks about the virtual court; may the Hon. Minister explain whether the virtual court is in towns or rural areas? Sometimes there is no electricity but there are courts. Is this virtual court going to cover all or it is for the urbanites only? How about the rural areas? What is going to be happening? This is what I want clarity on. I want to thank the Hon. Minister for the good job he is doing so that cases are expedited in the courts instead of taking so many years until they die a natural death. I thank you Mr. President for giving me this opportunity.
HON. SEN. MWONZORA: I would like to thank the Minister of Justice for bringing this Bill but I am not so sure whether in trying to solve one problem, we are not creating another. One of the most important things of any law is that it must be aligned with the Constitution. The Constitution makes it clear in two instances that I am going to pick. It makes it clear that every accused is entitled to a public hearing. A public hearing is a hearing where the public has access. Given the fact that some people in Zimbabwe may not be able to access virtually, then there is no public trial. In other words, what is supposed to be a public trial may end up a very private trial.
The second thing is that the majority of Zimbabweans, not everyone has got computers through which to access the courts. For you to access this court, you must have a smart phone. The majority of our people have these little phones which they nicknamed tumbudzi. The person with kambudzi is not able to access the courts even if they want to. So it is that person with a smart phone, computer or Ipad who is able to access the courts.
The third problem is the interruptions. We know from experience that when you are conducting meetings virtually, there are always interruption of either connectivity or loss of electricity. It is common cause in our country that electricity is a problem. If electricity and connectivity is a problem, then access to the court will be a problem.
The other problem is that and this is practical for lawyers or even non-lawyers who wish to question witnesses, what we call cross-examination. Cross examination is practical and effective where it is done in real-time. You ask a person and they respond. With virtual hearings, there are inevitable delays in transmission. Right now, if you listen to the way I am speaking and the way it is coming out on the virtual platform, there is a delay and that delay maybe problematic in the finalisation of the case.
Lastly, the Constitution of Zimbabwe says the High Court has inherent jurisdiction. What that means is that the High Court has power to hear any case. What this Bill is now doing is that it is now limiting the High Court on matters it can hear. That then means that we are of necessity changing the constitutional provisions that allows for inherent jurisdiction. Our Government and systems must be pro-people.
Yes, we may want technology and I do welcome technology but we must be mindful of the fact that this technology is not accessible to the majority of the Zimbabwean people. So trials are going to be for those who have the necessary gadgets and means. These may turn out to be very unfriendly for our people. Let me just say we do have in our midst people with disabilities, I do not know and have not seen in the Bill where the new technology is then made to suit these people with various disabilities and so on.
I think that this Bill is a revolution but a revolution that is not going to be very helpful. I would suggest that we operate a parallel system where there are physical hearings of the cases as well as virtual transmission of those cases. That hybrid system will help us in the interim until our society has got to that stage. If you go to the advanced countries like the USA, Britain, Germany, Russia and France, there is no dispensing with physical evidence. Why are we looking like we are trying to phase it out. Those will be my brief comments on this Bill. Thank you.
HON. SEN. DR. MAVETERA: Thank you for giving me an opportunity to add one or two points on this very important Bill which has been brought to this august House by the Hon. Minister of Justice. This Bill, as much as it is highly progressive, if you look at the progressive world we need to interrogate whether it is suited for our environment because it may end up denying people justice.
The reason why I am saying that this sort of court system is highly dependent on good connectivity, right now, we actually have witnessed a problem with connectivity which was introduced in schools and people are saying it must be removed because of lack of connectivity. That is in education but when we come to the Judiciary, we are dealing with sensitive issues, some of them which may actually decide someone’s life; whether real life physically or immaterially. So I think before we venture on to virtual sitting to make it compulsory, we should make sure that the environment is conducive for this Bill. It is not just like any other but this is serious infringement or decision on people’s human rights.
There was wisdom when people said the court must be direct. One of it is to protect the accused from manipulation because if I go to Rotten Row, even ndisina mhosva, ndinoenda ndononzwa kuti vanhu vari kutaura sei, that is actually a guarantee to people that this trial is independent and unbiased, but if it now virtual, some of the people may not even know that there is a case happening. Those people or the accused are being denied that fundamental right to independent and unbiased justice system. We need to really look at it from that angle Mr. President. I hope if this Bill is to pass through this august House, those areas, we need to know the implications of that Bill and what it would do and make sure that it is fine-tuned so that it addresses those important things.
Mr. President, Hon. Mwonzora just spoke about the place of the High Court in all Judiciary systems and the High Court is called our court. Why was it called our court? It is because everyone had access. If you are not happy with the Magistrates Court, you can go straight away to the high court and this Bill is trying to deny that right.
I do not want to repeat but it is actually going to be contrary to the Constitution because everyone is free to take his case to the High Court, provided he can pay the premium of getting there but this is now being removed. There is a lot of corruption and chicanery happening within the judicial system in the Magistrates Courts. What we want is for the accused to feel safe and say that justice has been done. He or she should take her case to where he feels justice will be done. If we now craft a law which curtails that, then we have got a problem with our justice delivery system because people will not be satisfied. This is one of the problems we have with this – yes it is progressive but we need to be cautious.
I would venture on to support what my colleagues said that we should not take away the current system. It should be optional. If it is optional, let us leave it open rather than for the courts to say this type of case should go virtual and this one physical. We will then have a problem where the accused is denied that right to be tried where they feel it is safe for them. This is a very important Bill. One way or the other, as Hon. Members, we will one day face the results of what we do if we allow this Bill to go through as it is. We really need to take this very seriously. This is a very important and progressive Bill in other clauses especially on the issue of our community who are deaf and dumb. The current system had deaf and dumb people remanded because there was no interpreter. If there is no interpreter, why should you arrest? The justice system does not start at the court; the court is in the middle. It starts on arresting. Police should be competent to converse with sign language so that they communicate with the deaf and dump because if they just arrest, there is infringement of justice somewhere on the line. It should not start at the court. If the police officer does not understand sign language, he should leave that person unless he finds that person killing and he directly witnessed it then he can do that. If we start at court level, it is discriminatory and goes contrary to Section 56 of our Constitution where we need to be treated fairly and equally. This Bill is like a snake with two heads – we need to look at it very seriously as legislators because it has serious ramifications in the way our country will be viewed by other countries because we may end up infringing on basic human rights and also going contrary to the dictates of our generous and more embracing national Constitution.
HON. SEN. MOHADI: I would like to thank the Hon. Minister for bringing in this Bill to this House. We welcome all the developments in this Bill but my main worry is about the rural community. This community has problems in getting electricity in order for them to use these smart phones if ever they have. Most of these communities do not have the kambudzi or smart phones - from the onset, there is a problem.
My second worry is that these rural communities are not aware of this Bill. They do not know it and they will never know it. We will pass the Bill yet they do not have information about this Bill. I think there is need to create awareness so that we go along with our people. No one should be left behind. There is need to educate these communities about the new developments that have arisen. I do not have much to say but I just thought I should add my voice with these two pertinent issues concerning the rural communities.
*HON. SEN. SIPANI-HUNGWE: I would like to seek clarification from the Minister with regards to the virtual part of court attendance. If I commit a crime and am prosecuted virtually, will I be at home or at the court? I believe at the courts there are police officers who will be watching out for the criminals who would want to escape after prosecution. Are there no chances that those who are caught on the wrong side can run away? How is judgement given virtually when I am at home or there will be a date given so that I would come for judgement to be passed? If I am being prosecuted and I know that I am on the wrong side, are there no chances of me running away if they find that the sentence is tough?
A previous speaker referred to courts that are in the villages – is it not possible for people to go there for virtual rather than being at home. May the Minister clarify that?
HON. SEN. C. NDLOVU: Where public hearing for this Bill held?
THE DEPUTY PRESIDENT OF THE SENATE: That is given. There is no Bill which comes to this House without being subjected to a Public Hearing. That goes without saying.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I want to thank the Hon. Senators for the debate starting with Hon. Komichi who views the Bill as progressive and that as a country, we are moving along with technology.
Hon. Sen. Tongogara’s views were questioning if virtual court sittings are going to deal with issues to do with corruption. Firstly, for me to answer Hon. Sen. Komichi, I want to say that this Bill is very good because it is not only looking at technology but it is saying that if possible, all the parties, if they have agreed, we can use technology.
However, let me say that when it comes to criminal matters, if you go to Clause 18, it says that if it is initial remand, we will not go virtual but if it is routine remand, if for example you are in Chikurubi, we can set up the virtual hearing there. However, if it is trial, we had not gone that far when it comes to criminal trial. What we want to strengthen is that in the area of appeals, Constitutional Court applications or commercial disputes, lawyers like Hon. Sen. Mwonzora will take those to court. So, most of the times, the people will not be present and it will speed up the processes – hence the ease of doing business. So, the point is that everything should be done virtual except for criminal cases which have to be physical.
Hon. Sen. Mwonzora said when we talk about access to virtual, it is supposed to be a public trial and we might be violating the Constitution. Mr. President Sir, I believe my learned colleague is not correct; we want to establish access to the public. Hon. Sen. Mwonzora, we will ensure that there is public accessibility to the proceedings and that includes the link. We are not barring Members of the public to follow proceedings; the proceedings will be in the public domain. I believe that this is happening in several jurisdictions and we are simply following what is happening.
In fact, what we are doing today is something that happens in every generation when new technology comes; we have these reservations, that is why we are saying progressively let us introduce some processes and then we restrict ourselves and say others we cannot do but what we cannot do totally is to ignore technology. We have to embrace and try it. What we are simply doing here is to make provisions in our judicial laws for court processes to be done virtually. The Bill is actually indicating that where they are available, where the parties have agreed to and where the demeanor which Hon. Sen. Mwonzora was speaking about is needed, we have indicated that the system must provide for that and I agree and disagree when he said that the transmission may be slow. Yes, it maybe, but all of us here, we follow proceedings on our television networks at home and we call those proceedings live. We watch our football teams live on our sets and nowadays we are even using internet to access television stations without even subscribing to DSTV directly. I know my children do something like that. I am not yet at their level but I know it is happening.
So, we need to embrace and create our laws so that they allow this to happen, which is what we are doing. Like I indicated, we are creating a hybrid not a parallel system. We are not abandoning the physical. Where we do not have connectivity, we will continue with the system that we are using.
However, I should also allay the fears of Hon. Senators and say with this system, it will allow access to justice to be better than what it is now because we can now re-deploy people easily to areas where justice was not available because of technology. So, I believe it is a system that we should embrace.
Hon. Dr. Sen. Mavetera was saying it is a good and bad system. Technology is good and bad, I agree with him but we have to take it as it comes and ensure that our laws move up with the times. Where we find challenges in future, we can always amend but at the moment, for our commercial disputes, for our court applications which do not need physical attendance, we believe these can actually be done virtually once all the papers and the pleadings have been filed. So, I believe Hon. Sen. Mavetera, this is a good process.
Hon. Sen. Mohadi, the concern is the same where she indicated that in rural areas, they do not have electricity. The Bill speaks of the need to ensure that we undertake these virtual hearings where facilities are available. So, that is taken care of.
Hon. Sen. Hungwe said if I am a criminal, will I be tried from home? We are saying that if you are thief or criminal, you cannot be tried from home but have to be in court; if you have been remanded in custody at Chikurubi Prison, then you can be tried virtually and watch live proceedings on the screen so you can answer and see the Magistrate. On the first day no, it is not in the Bill.
Hon. Sen. Komichi, what you were saying that a person can run away if prosecuted in absentia, but we have removed that possibility in the prisons. My view Mr. President is that the Bill is very good. We are moving with the times. Some of the things that can be done virtually, we can do that with ease; if those challenges are being faced in the courts, it will also cause our professionals to come up with better ways of providing good service so that we improve and for cases to be tried in the rural areas, we need to do it virtually. Failure to do so means it will only happen in the urban areas but this also applies in the rural areas.
I appreciate the contributions that have been given by Hon. Senators. Hon. Sen. Tongogara referred to the friend of the court. A friend of the court is someone who is not part but helps for the case to come out. So he or she is just called so that he or she helps for the case to be brought out clearly. We want that to be included in the Bill so that when there is a case that is before the Constitutional Court and when we know that Hon. Sen. Mwonzora is well versed with the case, he is called so that the case is brought to light. I think in latin, a friend of the court is called amicus curiae. I thank you Mr. President. If there is no other debate on the Bill, then I move that the Bill be now read a second time.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen. Zhou, we have finished, you cannot debate again. Do you want to raise any question?
HON. SEN. ZHOU: I just want to follow up on the Hon. Minister’s outline because it does not include the disability inclusion matrix. I heard an Hon. Senator referring to deaf and dumb and thought that language was far behind us, especially the derogatory word ‘dumb’; somebody with speech impediment is not dumb. So, I just wanted to say if the word ‘dumb’, is in the Bill then it would be a violation of the International Instrument on the Rights of Persons with Disabilities, the NCRPD. Thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Thank you, we will make a special exception to this. We are supposed to have passed this but in the interest of attending to this very important issue you are raising, I will ask the Hon. Minister to respond. I hope the staff in Parliament is going to be handicapped friendly in that - do we not have Braille for the visually impaired? We do not? Thank you for bringing this to our attention Hon. Sen. Zhou.
HON. SEN. ZHOU: Thank you.
HON. ZIYAMBI: Thank you Mr. President Sir. Mr. President, actually what this Bill is trying to do is in our laws, in the Criminal Procedure and Evidence Act I think. We have a provision where if you are deaf, dumb or mentally challenged and they fail to get an interpreter; you will be sent to prison. The terms that were used were extremely derogatory like idiocy or something and they would just imprison you if you were mentally challenged, until they find someone to interpret or something like that. So this Bill is trying to say that the burden is on the State to find an interpreter; that person must not be locked up. If the court fails to get an interpreter or a Sign Language person then it must allow that person to go home rather than keep that person in custody. So that is what the Bill is trying to say.
Regarding other issues, we are simply changing the procedures on how court sessions are done to include virtual hearings. I was mindful of those archaic provisions that made reference to those who have mental challenges to refer to them using derogatory terms like idiocy and the like and we said, let us remove them from our Statutes – this is what we have done. If there are any other issues, this Judicial Laws Amendment Bill was trying to streamline so that we introduce new technologies but I have thrown in a few issues that I felt were very urgent which include saying that if you are disabled or deaf and the court cannot get a Sign Language interpreter, let that person go free. I thank you Mr. President Sir and again, I move that the Bill be now read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
JUDICIAL LAWS AMENDMENT BILL [H. B. 3A, 2022]
House in Committee
Clauses 1 to 4 put and agreed to
On Clause 5:
HON. SEN. DR. MAVETERA: Madam Chair, I think Clause 5, if I got it, it is the very same which says those cases which are within the jurisdiction of the Magistrates’ Court may not find their way straight-away to the High Court. Am I lost – [HON. MWONZORA: Inaudible interjections.] –
THE ACTING CHAIRPERSON: Order, order. I had recognised you Hon. Mavetera. If you still have questions, can you go ahead? If no questions, I will refer your question to the Minister.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMETARY AFFAIRS (HON. ZIYAMBI): That is a wrong Bill.
HON. SEN. DR. MAVETERA: I am being told that I have got the wrong Bill. That Clause, where is it?
THE ACTING CHAIRPERSON: Clause 5, Amendment of Section 16 of Chapter 7:22.
HON. SEN. DR. MAVETERA: Can you read what it says because here it is amendment of Section 13 of the High Court.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMETARY AFFAIRS (HON. ZIYAMBI): I think that one is not there. It says, amendment of Section 16 of Chapter 7:22. Section 16, appointment of Registrar and Officers of Court of the principal Act is amended by the insertion of the following subsection after subsection 2.
- The Registrar and other officers of the court shall perform such functions and exercise such powers as may be conferred upon them by this Act and the rules. That is all I have got.
So you have the old Bill not the one that was passed in Assembly – [HON. SEN. DR. MAVETERA: Was it removed.] –
THE ACTING CHAIRPERSON: Order, order. We cannot talk all of us at the same time.
HON. SEN. MWONZORA: May I suggest Madam Chair that this is an important Bill and that in all fairness, the Senate must be given adequate time. According to the staff, it was circulated this very afternoon. Some of us came prepared to debate the Bill that we had all along. I can see that it has changed and I move that we postpone the proceedings maybe to next week Tuesday to enable us to do justice to it. We may find out that there are areas that we think we have disagreement when there is no disagreement at all.
What was Section 13 now appears to have been removed. The Proviso that says the High Court may not hear the cases that the Magistrates Court may ordinarily hear, according to the Bill that we have now, it is no longer there. It may very well be that you have now sorted out the issues that we are objectionable and we are lambasting the Minister for no reason.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMETARY AFFAIRS (HON. ZIYAMBI): Yes, I removed it.
HON. SEN. MAVETERA: Thank you Madam Chair. I think the Minister has just answered it. We were debating things which were not in the Bill and we are told and it is confirmed by the people who send us the Bill that they send it today. With all due respect, this is very unfair and actually a lack of respect for this august House. There is no Bill, even in the National Assembly, where you give people at 12 o’clock and say debate at 3 p.m., unless you are hiding something or unless you show a lot of disrespect for this august House. With those few words Madam Chair, I second the motion that we need to adjourn this debate until we all have access and debate. because I am sure we sounded so embarrassing to the Minister when we were talking like tohumana just because you have created that condition for us. I think it is unfair. The best thing is to adjourn this debate until we are given time to digest.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Actually, that was the reason why the other time I said to the Senate President ‘I think there is something wrong here’ because the things that you were debating are already in the Bill. They are covered and are straightforward. I did not understand. However, I agree with you.
I therefore move that we adjourn debate, report progress and seek leave to sit again.
Motion put and agreed to.
House resumed.
Progress reported.
Committee to resume: Tuesday, 28th February, 2023.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Senators, did you get the other Bill which is the Child Justice Bill? Have you read it?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, while you were away, we noticed that the Bill has not been circulated. So, when they were debating and when I stood up saying things that they were debating, some of them were in the Bill, we then realised that we did not have the same Bill. We realised that the Bill was circulated this afternoon. So, out of respect for Senators so that they also will be able to have sometime, whether it is two hours or so before a sitting to study it, we then agreed but I think it also applies to this Bill.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Thirteen Minutes to Five o’clock p.m. until Tuesday, 28th February, 2023.
PARLIAMENT OF ZIMBABWE
Thursday, 16th February, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY SPEAKER
PETITION RECEIVED FROM THE CHIREDZI RESIDENTS AND RATE PAYERS ASSOCIATION
THE HON. DEPUTY SPEAKER: I have to inform the House that on Friday, 10th February 2023, Parliament received a petition from the Chiredzi Residents and Rate Payers Association requesting Parliament to exercise its oversight functions by investigating the corrupt practices of land barons on 750 hectares of land allocated to Chiredzi Town and Chiredzi Rural Council. The petition was deemed admissible and the petitioners were informed accordingly.
BILLS RECEIVED FROM THE SENATE
THE HON. DEPUTY SPEAKER: I also have to inform the House that pursuant to the provisions of Standing Order No. 170, I have received the following Bills from the Senate: National Security Council Bill [H.B. 2A, 2022], Institute of Loss Control and Private Security Manager Bill [H.B. 5A, 2022], Police Amendment Bill [H.B.1A, 2022].
FIRST READING
MINERALS BILL [H.B. 10, 2022]
THE MINISTER OF MINES AND MINING DEVELOPMENT (HON. CHITANDO) presented the Mines and Minerals Bill [H.B. 10, 2022]
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam Speaker, I move that Orders of the day Nos. 1 and 2 on today’s Order Paper be stood over until Order of the day No. 3 has been disposed of.
Motion put and agreed to.
SECOND READING
ELECTORAL AMENDMENT BILL [H. B.11, 2022]
Third Order read: Adjourned debate on the Second Reading of the Electoral Amendment Bill [H. B. 11, 2022].
Question again proposed.
HON. GONESE: Thank you Madam Speaker for this opportunity to debate an issue which is very important and critical for the body politic of our country. In terms of Section 117(2)(b), we as an institution are required to make laws for the peace, order and good governance for Zimbabwe. Unfortunately, Madam Speaker, this Bill is the antithesis of that laudable provision. To say that the Bill is not a good Bill is an understatement. I actually say that this is a horrible Bill, this is a terrible piece of legislation both from a procedural and a substantive point of view.
Madam Speaker, Hon. Members and Hon. Minister, everyone knows the history of Zimbabwe. We have had a history of disputed elections culminating in the elections of 2018 which also had its own controversies. We had recommendations made by various observer missions. We had a petition which was presented to this august House by the Zimbabwe Election Support Network. We have had several other processes so I venture to say that as a starting point, the Bill which has been presented by the Hon. Minister is very narrow in its scope, in its memorandum, it simply refers to the alignment of the Electoral Law with Amendment No 2.
The first important point to note Madam Speaker is that Amendment No. 2 has been challenged in the highest court of the land in the Constitutional Court in terms of its passage through Parliament. There is a pending challenge before the Constitutional Court and I want to ask the Hon. Minister, does he know the outcome of that litigation? In the event that the Constitutional Court comes up with a ruling that the passage of the Bill was not procedural and if that – not the Bill but it is now an Ac,t Amendment No. 2 Act. If the Constitutional Court has to come to such a conclusion, it means that all the provisions which are in the Bill would be rendered invalid. I do not know whether the Hon. Minister is trying to tell us something that shows the outcome of the Constitutional Court challenge.
Unless the Executive knows that it has got the judges in its pocket, the outcome of any court process is unknown. It would have been prudent to wait until the determination of that Constitutional Court challenge.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: What is your point of order?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam Speaker, the country does not stop to function because there is a process in the courts, unless the court interdicts. So the Hon. Member must stick to contents of the Bill and not digress to talk about issues that are not before Parliament. I thank you.
THE HON. DEPUTY SPEAKER: Hon. Gonese, please may you debate the contents of the Bill.
HON. GONESE: Yes, but we are talking about the general principles Madam Speaker, with due respect. We are at the Second Reading, we are not talking about the specific provisions, and we are looking at the issue, that is why. I will just explain that when we are dealing with the general principle, we can talk of the background to a particular piece of legislation. The second point which I also believe is very important is that as a country, we must find each other. It is very important to move together as a country. We have got a situation where in November 2017, we had the removal of Former President R. G. Mugabe. We have told time without number that we are not in a second republic, that we are now in a second dispensation and I think it is very important and important to walk the talk.
If indeed we are in a new dispensation, it is important to depart from the past to have a paradigm shift, to have a consultative process particularly when we are dealing with a law as important as an electoral law. The Hon. Members who are seated in this august House are the product of elections. When we go to Chapter 7 of the Constitution, which is the section on elections, the principles enunciated in it are very clear and I will not talk of the process because I believe that the process is as important as the content.
I submit that we must have had an inclusive process and as a matter of fact, there were several processes that took place which have not been ignored. Firstly, we had the process set in motion by the Zimbabwe Election Support Network. The petition was presented to this august House, it was referred to the Portfolio Committee of Justice, Legal and Parliamentary Affairs. We have had several workshops in which the Speaker of the National Assembly was a participant. The Zimbabwe Electoral Commission was a participant, the Ministry of Justice, Legal and Parliamentary Affairs was a participant through Permanent Secretary and I believe at some stage the Minister was part of that process. This culminated in the drawing up of a model law by the Zimbabwe Election Support Network which was presented to the Portfolio Committee. This is a very comprehensive document which was a product of dialogue involving all the Members of Parliament in the Portfolio Committee which come from the three different political parties represented in this Parliament. However, when we came to the gazetting of the Bill last year, we then had a very narrow Bill, dealing with very few issues. I submit with due respect Madam Speaker Ma’am, that this is a flawed process.
Madam Speaker, as a Portfolio Committee, we actually tried to engage ZEC and a copy of the Bill was sent to the Zimbabwe Electoral Commission. They were supposed to engage with the Portfolio Committee as they alluded to earlier. At the beginning, they were part of the process but all of a sudden they then disappeared; they did not come to the final workshop which was held in Kariba. Also, I do not know whether it was by coincidence or accident, the Ministry of Justice, Legal and Parliamentary Affairs was also not there. It might appear that there was malice afore-thought; they were no longer interested in the process, this inclusive process where we walk together as a nation so that we can have some consensus. That is the first point.
The second point Madam Speaker Ma’am, is that there was also a parallel process involving the three parties in Parliament facilitated by the Zimbabwe Institute where ZANU PF participated, MDC participated and CCC participated. It was a tripartite process where each of those political parties gets engagement through the facilitation of ZEC. Several recommendations, several inputs were put and the parties came up with certain agreed positions. That again has been thrown out of the window. So it was not just the Zimbabwe Election Support Network which has been thrown out of the window but also the political parties’ process represented in this august House.
Then when it comes to the engagement of stakeholders, we have got political parties which are not represented in this august House and you have got civil society. It was imperative for all those parties to be engaged. I therefore submit that because of these procedural flaws, this Bill must be torn into pieces and thrown out and we start afresh. I will explain that - we have got time to do so. I do not know why this Bill is being fast tracked. When you look at the public consultation process which is envisaged in terms of Section 141 of the Constitution, in the past we have actually had a hybrid process in terms of which we have public hearings, physical public hearings throughout the country, in all the ten provinces.
Madam Speaker Ma’am, when it came to amendment (No. 2) Bill, we actually had more than one meeting per province. I submit, because of the importance of this particular Bill, that is the direction we should have taken. Instead Madam Speaker Ma’am, the Portfolio Committee was forced to just conduct virtual hearings on Zoom and radio where some people do not have access. As I have already indicated, there is nothing wrong with engagement through those virtual platforms but it must be complemented by the physical engagement of all those who may not be able to connect, either due to connectivity challenges or because they do not have the appropriate gadgets. So they have no means of having that direct contribution. As a matter of fact, I understand that the two other Bills before the Justice Committee are scheduled to go for physical public hearings. I submit that this Bill must be withdrawn and we must speak collectively as a House to say let us withdraw this Bill.
Madam Speaker Ma’am, we have got enough time and I will explain why. In terms of Section 157 (4) of our Constitution, the Zimbabwe Electoral Commission is supposed to make recommendations on changes to the electoral law. Firstly, they played a game of hide and seek and they did not engage the Portfolio Committee and I do not know whether you have got any recommendations from them. From my recollection, the Second Reading of the Bill was done by the Hon. Minister. He did not specifically allude to any recommendations as having come from ZEC. I believe that it is imperative that as provided for in terms of the Constitution, you must have recommendations from the Commission which is responsible for managing and conducting our elections. Secondly, in terms of Section 157 (5), it is only when an election has been called and any changes to the electoral law which are made after the election have been called will not have effect for that particular election. It is different to the delimitation process. I believe that perhaps people are confusing the two processes.
Madam Speaker, it is only in terms of Section 161 that any delimitation, for it to have effect on the forthcoming elections, must have been gazetted at least six months before the date of that election. That does not apply to the electoral law. For all intents and purposes, we can debate and engage each other on processes leading to the enactment of the electoral law up to April, May as long as an election has not been called.
I therefore plead and implore the Hon. Minister and his colleagues in the Government benches, together with those from the governing party that this is a thing for us as Zimbabweans and this is not for one political party. We do not want to continue with this unilateral process where Bills are fast-tracked, where we are always appearing like we are in a hurry. The point which has been made time and again is that we must move away from the issue of piece-meal amendments.
Madam Speaker, when we look at the current Electoral Act, Chapter 2:13, you find that it has had several amendments. The original Act itself was enacted in 2004; you have had amendments through the Electoral Amendments, Act No. 17, 2007; the Local Government Laws Amendment Act (No. 1) 2008; the Electoral Amendment Act, 2012; the Criminal Prosecuting Act, 2015; the Electoral Amendment Act, 2014 as well as General Laws Amendment Act, 2016 culminating in the last Electoral Amendment, 2018.
What we need Madam Speaker Ma’am, is a comprehensive Bill. Zimbabwe Electoral Support Network has come up with a model law which did not come from them alone but was also a product of various engagements including the Portfolio Committee and the Zimbabwe Electoral Commission as well as the Ministry of Justice, Legal and Parliamentary Affairs. I do not understand why the Hon. Minister does not want that particular draft which informs what we have to do as a nation being the cornerstone, the foundation of whatever amendments we are going to do.
Madam Speaker Ma’am, I will not go to what the Bill seeks to do. which is very narrow in scope, and misdirected in my view in some of the provisions and I will explain why I say that. The first point that the Bill seeks to do is to stop the use of drivers’ licences as proof of identity. I submit that this is a nonsensical provision for the simple reason that for one to be registered as a voter, you must prove your citizenship. Once one is registered as a voter, it means automatically they will be able to satisfy because they are referred to as the claimant in the Act. They were able to satisfy the officers from the Zimbabwe Electoral Commission of their citizenships status. When it comes to the day of voting, it means that if you are not a citizen of Zimbabwe your name will not be on the voters roll. I do not understand what mischief the provision in the Bill is seeking to cure, because if you are not a citizen, if you have not proved to the officers there, for you to be put on the voters roll, your name will not be on the voters roll. So at the end of the day if someone comes with a driver’s licence on the day of voting seeking to get ballot papers, it is neither here nor there because if you are not a citizen you are not on the voters roll; if you are a citizen, it is just a question of comparing your identification number as it appears on your driver’s licence with that which is on the voters roll. So at the end of the day, it is a meaningless provision and I do not understand why we are wasting our time with that kind of provision.
The second provision deals with the election of the ten youth members of the National Assembly and also provide for the continued election of the women parliamentarians and the election of women on a party list system. I want to say that some of these provisions are not helpful and do not reflect what the intention was.
I will go to the election of the youth members. It is only one youth who is going to be elected in terms of that provision from each province. The Bill does not go on to explain how you are going to ensure that there is gender balance. In fact, what it does is to seek to have those nomination papers to be submitted in all the provinces and it eludes my wisdom as to what the purpose of doing that is going to be.
Secondly, it does not provide for those people who are marginalised, who are referred to in the Constitution. It does not provide a mechanism as to how you are going to accommodate people with disabilities. It also applies to the members of the National Assembly who are elected in the ten provinces, the six per province. In terms of the amendment to the Constitution, it makes reference to the inclusion of young women and women with disabilities to be part and parcel of that list but it does not say how you ensure or guarantee that those people will find their names on the voters roll.
The only other provision which I might not have talked about is the issue of the withdrawal of candidates. That one is an innocuous provision. Let me now go to what the Bill does not do which I believe should have been the cornerstone of any amendment Bill to the electoral law. First and foremost, the right to vote is a very critical aspect and the Bill does not make provision to enable every Zimbabwean to vote. I respectfully submit that we must have automatic voter registration so that anyone who attains the age of 18 find their name on the voters roll.
There is a gross under-registration of voters, particularly in the province of Harare. This is an issue which should have been addressed by the Bill. We have got a situation where ZEC has been guilty of some shenanigans in terms of publicity for example. I believe that one of the reasons is that there is little voter education and any amendment Bill should include the provision which expands the responsibility to conduct voter education beyond the Zimbabwe Electoral Commission which does not have the capacity to do so.
I believe that it is imperative for us to have transparency in the printing of ballot papers and their distribution. We must have a provision in the electoral law which provides for a tender process where everyone is involved so that there is a system of transparency which includes everyone. We must also have provisions as you know Madam Speaker, that whenever we have elections, you will find that there is unfair coverage. If you go to the Zimbabwe Broadcasting Corporation, if you listen to the Zimbabwe Broadcasting Corporation, watch the Zimbabwe television, you find that it is dominated by one political party. It is important that we have binding provisions which enable the Zimbabwe Electoral Commission to deal with the public media if they fall foul of the provisions in the Act to allow fair coverage and balanced coverage to all political parties. We must also have a binding code of conduct because time and again, issues of violence have flared up but we do not have a mechanism to ban those people who are guilty of fanning public violence. The electoral law must have specific provisions, a binding code of conduct which allow for the disqualification of our candidates which allow for the suspension and a lot of other remedies to ensure that we do not continue having violence.
This reminds me of another issue which I had left out which is in the Bill; the disqualification of candidates on the basis of previous convictions. It is a dangerous provision. Firstly, it is unconstitutional because the Constitution sets out the disqualifications. It is only if a person was convicted during their term as a Member of Parliament and that person will be barred. It does not have any other disqualification related to the commission of offences.
[Time Limit]
HON. MUSHORIWA: I move that the Hon. Member’s time be extended.
HON. CHINYANGANYA: I second.
Motion put and agreed to.
HON. GONESE: Lastly Madam Speaker Ma’am, the issue of disqualification of candidates can be used as a political tool. We already have selective application of the law. Why should we go beyond what the Constitution has already provided? I therefore submit that, that particular provision should be expunged from the Bill. Let us deal with the disqualifications already set out in the Constitution. As we speak, we have got some people who are being accused of different and various offences and if they are convicted, an appeal would not set aside that disqualification and for that reason, I would therefore submit that, that provision be deleted.
It is also important that any Bill – we have had situations where some electoral challenges have lapsed and so on. We now need to put in mechanisms which enable election petitions to be dealt with on the merits so that we remove the issue of technicalities which can be used to scuttle petitions and challenges which would have been made to the election of certain candidates. We also need to ensure the role of chiefs who, in terms of the Constitution, are supposed to be non-partisan and apolitical.
We need to have enshrined in the electoral law, specific provisions which provide for the neutrality of our traditional leaders. When you are a traditional leader, you are presiding over all people in your constituency or in your area of jurisdiction, irrespective of which political party you belong to. I also want to submit that it was imperative to have a situation where the international instruments to which we are a party – I know that as a country, we delayed in signing the African Charter on democracy, elections and governance. We have to ensure that we inculcate all the principles in that instrument into our electoral law and this needs more consultations. We are seeking readmission into the Commonwealth and it is very important that the values which are listed in the Charter of the Commonwealth on Democracy are also inculcated or incorporated into the provisions of whatever electoral law that we enact.
In the circumstances, I submit that it is important because we can have proposed amendments and so on but if you have got a Bill which is very narrow in its scope, it is very difficult to have all like we have this particular model law which incorporates a lot of provisions, including the right to vote for people in prisons.
People in the diaspora, I know that an argument has been made that the Constitution will need to be amended and I respectfully disagree. For people in the diaspora, their right to vote is clearly enshrined in Section 67 of our Constitution which gives every Zimbabwean citizen the right to vote and to be voted for. We also have got people who will be in prison at any particular time. The Bill does not provide for mechanisms to enable these people to vote. An argument can be made that those in the diaspora are not belonging to any particular constituency but an exception can be made. You can say that all the people in the diaspora who wish to participate and to vote in elections are confined to vote in the presidential election. They have a right to choose which President they want to lead them so that you dispense with the issue of wards and constituencies.
I submit that it is important to appreciate that those people in the diaspora are sending their remittances to this country. When you go to Western Union, Mukuru and World Remit, you find that on a daily basis, citizens in the diaspora are sending money to Zimbabwe and as you remember, when we had the American War of Independence, they were saying no taxation without representation. So those people are sending money to Zimbabwe to assist the development of Zimbabwe and they should also have a right to shape the destiny of this country. We have got civil servants, Madam Speaker, who would be deployed outside their constituencies. Let us have a provision which allows for a special vote. We have got media practitioners who because of the nature of their work as journalists, may be deployed to areas outside the place where they would normally vote. We have got people who are serving long prison terms, I do appreciate that those short term admissions may be difficult to deal with, but those who are in hospital, if they are there for a long period, it is important also to have provisions for special voting to be incorporated so that you know you have every Zimbabwean who wishes to participate being able to cast their vote.
As I come to a conclusion, Madam Speaker, I really plead with the Hon. Minister of Justice, Legal and Parliamentary Affairs to say that we have got sufficient time to start all over in an inclusive and consultative process. This business of bringing in Bills and try to fast track them in the sense that the public consultation process jut took place over two days when you have got a Bill which shapes the destiny of this country, when you have got other Bills having had their public hearings - let us rectify that. Let us go back to the drawing board. Let us go back to engagement of all political parties represented in this Parliament. We also had a process which I understand was done by those representatives in POLAD, all that was just thrown out of the window. I believe that you have to take all those inputs into consideration and come up with a consolidated Bill which addresses the concerns of all Zimbabweans
Before I sit down, I would like to say to my colleagues seated on your right, this is not supposed to be a partisan process. This is our country. If we accuse each other of not being patriotic and so on, some of the things which result in some of those misconceptions, is the lack of consultation, lack of dialogue and the lack of negotiations. Let us have genuine negotiation. If we say we are in a new dispensation, let us show that there has been a paradigm shift, that there has been a departure from what used to happen because those who were in the last Parliament will remember that we had a similar promise when we passed the last amendment to the Electoral law in 2018. The Election Resource Centre also came up with a petition and public hearings were conducted, but at the end of the day, all the processes done by the Portfolio Committee were just ignored. We do not want to have a repeat of that situation. We do not want to have this sense of déjà vu where one says the more things change, the more they remain the same. Let us move away from that. I rest my case Madam Speaker. Let us walk together. Those will be my parting shots.
HON. CHINYANGANYA: Thank you Madam Speaker for giving me this opportunity to debate on the Electoral Amendment Bill. To begin with, Madam Speaker, the Bill does not really encompass the electoral reforms that the general populace in this country were expecting but rather, I would say it is simply the insertion of the provisions of the Constitutional Amendment No. 2. It lacks the provisions which we were expecting.
Much has been said by Hon. Gonese, so I will not dwell much on that except that we were expecting to see amendments such as the inclusion of the diaspora vote, the transitional mechanisms, educational qualifications for public office bearers and so on.
I will move on to the next point which is the inclusion of the public in Parliament processes. Section 141 of the Constitution is clear that when Parliament is conducting its businesses and more precisely the business which concerns the public, then Parliament has to consult widely in that regard by undertaking public consultations.
The Committee undertook processes which I believe left out the majority of the population of Zimbabwe because the consultations were done on radio. Currently we are experiencing massive load shedding and as such, most areas will not have transmission for ZBC. Madam Speaker, I will give an example of Chegutu, Kadoma and Binga. When there is no power, the public does not have access to radio and as such, it means that people will not have access to these consultations. People did not have the chance to make their input and the next process was done virtually. How many people afford data to connect to these proceedings?
So Madam Speaker, this disenfranchised the majority of the population of Zimbabwe in giving their input in these public hearings. During the COVID-19 era we undertook public hearings despite the fact that there was COVID. We would move around the country as the Justice Committee gathering public views. So why was this not done? We have moved past the COVID era. Next week, Madam Speaker, the Justice Committee is going to be conducting public hearings on two Bills. So why was this Bill excluded from the public consultations that are usually done by Parliament?
So I propose that these public hearings should be redone so that we include all the views of the general population, be it the people in Kadoma, Binga or Muzarabani. They have to have their input in this Bill Madam Speaker. I thank you.
HON. MUSHORIWA: Thank you Madam Speaker for giving me this opportunity to put my views in respect to the Electoral Amendment Bill that is before this House. Firstly, Madam Speaker, in a democracy, of which Zimbabwe is supposed to be, elections play a major role and to that extent Madam Speaker, our electoral laws need to be seen to promote democratic ethos and should also be seen to be aligned to the continental and regional norms.
The second issue is to say that any law that we make should also be done in a process, a process that gives confidence to the people of Zimbabwe. You do not want to have a situation where you make a piece of law that members of the public feel that they did not fully participate in the process of coming up with that law. Madam Speaker, you are aware that the Hon. Leader of the House had to suspend the rules of this House to make sure that we quickly go through the processes; including this Electoral Amendment, to the extent that Parliament, for the first time, public hearings were then done on radios whereas we were supposed to have a hybrid situation where people could have public hearings in various provinces, including radio and virtual.
HON. MATARANYIKA: On a point of order. The Hon. Member is misleading this House. When we did the Constitutional Amendment Number 2, we did it on air, we did it on television. I just thought I should correct that mistake.
HON. MUSHORIWA: Madam Speaker, I think the Hon. Member is either deliberately trying to mislead the House himself or he did not hear what I said. The issue even on Constitutional Number 2 that he talks of, there were physical hearings and some of them we know because they happened during the tenure of this Parliament. It was a hybrid process. It was not exclusive – [HON. MOLOKELA-TSIYE: It is a different issue vaMataranyika.] –
THE HON. DEPUTY SPEAKER: Hon. Molokela, you are not supposed to shout. Please order.
HON. MOLOKELA-TSIYE: He is also responding, he is talking.
HON. MUSHORIWA: Madam Speaker, the essence of it is to simply say it does not matter where they are told by the radio station that five million people are listening because how often do you have your radio tuned on when you are not even listening to the provisions of the radio? Or probably the radio is in the dining room and you are busy doing some chores, so you cannot then say that you have consulted the people of Zimbabwe, especially on a Bill which is important as this one.
Turning to the provisions of the Bill, my view and I want to support what Hon. Gonese said, that the provision that you want to say that you do not want drivers’ licences to be used as identities for voting, it does not make sense. We know, for instance here in Harare, quite a number of people are finding it difficult to actually get their lost IDs primarily because of the challenges that the Registrar General (AG) is facing.
As Hon. Gonese correctly pointed out, for a person to be registered as a voter, obviously that person had actually proved that he/she is a citizen of Zimbabwe and accordingly, a driver’s licence should be used. All the polling officer needs to do is to just check the identity number of the person and compare to see whether it is actually correct.
The second issue relates to the question of voter registration. I am aware there is a provision which now then says that proof of identity, all you simply need is your Identity Card for you to register as a voter but I actually believe that we need as a country to move further. We need to ensure that registration for voter should actually be automatic. Whenever a person attains the age of voting that person should actually be put on a voter’s roll, using the address which they used when they obtained their identification.
I am aware that there is a challenge in terms of the powers of the RG vis-a-vis, the powers of Zimbabwe Electoral Commission (ZEC) but I actually believe that we need to make sure that we take some of the powers that we had given ZEC and give it back to the RG so that there is an automatic registration of voters once they attain the age of voting, which is 18 years so that at least we do not have a problem that we currently have. If you go and check and it is across the political divide, people are finding it difficult; if you go to, especially in Harare, you go to Makombe, go to Cecil House, there are long queues of people trying to register to vote. We are aware that ZEC may not have their offices open in each and every constituency but if we do an automatic registration, it would actually help.
The other issue which I think is also crucial is the voting of the diaspora and even the prisons. I believe that we need to make sure that every Zimbabwean who wants to vote should actually be given the opportunity to vote. We know, for instance Madam Speaker, and I am glad the Minister of Finance is here, he is aware of the quantum of the foreign remittance that we are getting from our brothers and sisters who are outside the country. I believe that it is also fair that they are given an opportunity to cast their vote. I believe it is actually doable because other countries do it. Countries like Mozambique and Malawi, actually allow their people who are even in this country to vote. I think it is something that as a country we need to be doing. I do not see a reason why we should not bring it on board.
The other aspect relates to the cost of democracy, the nomination fees. We need to make sure that we come up with a mechanism; a clause in this Bill that talks on making sure that democracy is affordable. We say that anybody has a right to run for an office and to vote if you are 18 years. If you are 21 years, you can be elected as a Member of Parliament. You can be elected as a councilor if you are 40 years and you can also be elected as a President or as a senator. I think to then have a situation where nomination fees are charged at a higher rate and making sure that it removes a number of our people from actually participating in democratic systems creates a huge challenge. I believe that we need to make sure that all these things are actually provided for in our Constitution.
Madam Speaker, I believe as we go to the Committee Stage, I believe there are many of these clauses that are contained in this Bill which will require a lot of amendments because we do not believe that this Bill in its current state can actually take us forward as a country. We want a situation that when we go to an election the outcome of the election is not disputed. Those who would have lost would be in a position to congratulate those who would have won. So the best way of doing it is to make sure that you have got very good electoral laws in the country. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam Speaker, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 28th February, 2023.
SECOND READING
INSURANCE BILL [H. B. 1, 2021]
Fourth Order read: Second Reading: Insurance Bill [H. B. 1, 2021].
The Minister of Finance and Economic Development having sought leave to move for Committee Stage:
HON. MUSHORIWA: On a point of order Madam Speaker. The Hon. Minister neither moved for the Second Reading nor did the Committee present their report. The Hon. Minister is actually confusing the Insurance Bill and the IPEC Bill. What we had was the IPEC Bill that is at Committee stage.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Madam Speaker Ma’am, Hon. Mushoriwa is correct.
THE HON. DEPUTY SPEAKER: Order Hon. Members, I am being advised that the Minister responded and moved for the Second Reading. The report of the Committee was however not presented to allow the presentation of the report and the debate. The Bill remains on the Second Reading until the report has been presented.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Madam Speaker, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 21st February, 2023
MOTION
BUSINESS OF THE HOUSE
HON. TOGAREPI: Madam Speaker, I move that Orders of the Day Nos. 1 to 9 be stood over until Order of the Day No. 10 has been disposed of.
HON. CHINYANGANYA: I second.
Motion put and agreed to.
SECOND READING
MEDICAL SERVICES AMENDMENT BILL [H. B. 1, 2022]
Tenth Order read: Adjourned debate on the Second Reading of the Medical Services Amendment Bill [H. B. 1, 2022].
Question again proposed.
HON. KWARAMBA: Thank you Hon. Speaker, I am going to present the first report of the Joint Portfolio Committee on Health and Childcare and Thematic Committee on HIV and AIDS on the evidence gathered during the public hearings on the Medical Services Amendment Bill [H.B. 1, 2022].
INTRODUCTION
Following the promulgation of the new Constitution in 2013, the Government committed to aligning the various legislative pieces to the provisions of the Constitution. This also included the amendment of the Medical Services Act (Cap 15:13). Thus, the Medical Services Amendment Bill seeks to align the provisions of the principal Act to the Constitution of Zimbabwe. Secondly, the Bill seeks to provide a legal framework toward attainment of universal health coverage by ensuring that every person in Zimbabwe has access to quality, affordable, available and accessible health services.
Following the gazetting of the Bill on 20th May, 2022 and consistent with Section 141 of the Constitution, the Joint Portfolio Committee on Health and Child Care and Thematic Committee on HIV/AIDS conducted public consultations to gather the views of the people.
The public hearings were conducted from 18th to 22nd of July 2022 with Team A covering Karoi, Kwekwe, Bubi, Beitbridge and Bulawayo while Team B covered Beatrice, Masvingo, Mutare, Mt. Darwin and Harare.
METHODOLOGY
The Committee considered submissions received from the public consultations and written submissions from the public and stakeholders.
3.1 COMMITTEE FINDINGS
Clause 1 – Short Title
This clause provides the short title of the Bill which will be known as the Medical Services Amendment Bill, 2022. There were no submissions for or against this clause.
Clause 2 - Key Definitions.
The Clause provides for interpretation of terms in the Bill such as basic healthcare, chronic illness, emergency medical treatment, healthcare provider, health service, health institution and reproductive health care. The findings from the public hearings revealed that there was consensus that this Clause was progressive as it defined key terms in the health and medical sector.
Some stakeholders welcomed the attempt to define “reproductive health care” but added that there is need to broaden the definition to read as:
“provision of information, services, commodities and an environment that ensures a state of complete physical, mental and social well-being of an individual in all matters relating to the reproductive system and its processes and functions, but not merely the absence of
disease or infirmity”.
Clause 3 - Treatment and Care for Persons Under Arrest, Detention or Imprisonment.
The Clause provides for the provision of treatment and care services for persons under arrest, detention and imprisonment at the expense of the State. Findings from the public hearings revealed that this was a positive step towards universal health coverage in Zimbabwe. It was further added that it was imperative for the Government to prioritise the recapitalisation of district, provincial and central hospitals to ensure that they have the requisite infrastructure to effectively and efficiently provide health services. Some of the services highlighted included psychosocial support as well as the strengthening of the health facilities at the prisons and correctional facilities. However, it was also submitted that the Clause could be amended to the effect that it specifies that these services will be offered by public health institutions and exclude private health institutions as they reserve the right to serve patients as they deem fit.
Clause 4 - Amendment of Section 8
Clause 4 amends Section 8 of the principal Act on (“Fees and charges at and admission to Government and State-aided health institutions”) by the deletion of “fix” and the substitution of, “after consultation with health care providers, fix the maximum”. This is a move away from the situation where Government would fix the maximum fees and charges without the involvement of the service providers. The majority of the submissions received noted that this was a welcome clause - it sought to involve the service providers in setting the maximum fees payable. Further, it was observed that this clause was reflective of the letter and spirit of the devolution agenda currently being implemented by Government. The submissions also proposed that consultations should be extended to the public as they are the major stakeholders of the Government and State-aided health institutions. Furthermore, it was proposed that the fixed maximum fees payable must be charged in the local currency. Other submissions proposed that the clause emphasises that “The right to health and survival of the patient shall be prioritised at all times while appropriate arrangements are made for payment of the services.”
Contrary opinion noted that the pegging of fees by the Minister was tantamount to micro-management as it was argued that operational issues should be left to the technocrats. It was proposed that the Bill should create an Advisory Panel to work on the general principles rather than drawing the Minister to set fees. Involving the Minister in such operational issues was deemed to affect the turnaround time, given the hyper-inflationary environment.
Clause 5 - New Part Inserted
Clause 5 inserts part 8, which spells out the general standards and practises applicable in health care delivery. These include:
Information that Health Institutions Must Give to Patients
This Clause provides that health care providers must provide information pertaining to the patient’s health status, the range of diagnostic procedures and treatment options, the attendant benefits, risks and consequences and the patient’s right to refuse the health services. The majority of the submissions noted that the proposed Clause was a step in the right direction as it ensured that patients would be provided with the requisite information pertaining to their health and related procedures.
However, there was a suggestion to amend 8A (1) (b) to read as: “the range of diagnostic procedures, treatment and future prevention and mitigation options’
It was emphasised that for health care providers to be able to afford information provision on time and comply with this clause, there is need for government to ensure that centres operate at full staff compliment.
It was also suggested to insert the phrase “without any discrimination” after the word “literacy” on Sub-clause 2 (1) to safeguard the rights to information and services to the vulnerable persons.
8B – Consent of Patient
This Clause spells out the circumstances under which health services may not be provided to a patient without their informed consent. The majority of the submissions welcomed this clause as a step in the right direction towards universal health coverage. However, it was proposed that section 8B part 3 read as follows:
“For the purpose of this section, “informed consent” means consent for a provision of a specified health service given by a person with capacity to understand the relevant facts about the health services sought, readiness, related risks and available alternatives.” This is to ensure that children and young adults could gain access to sexual and reproductive health services without parental/guardian consent.
It was further proposed that there is need to insert a part which states that:
“In terms of conditions like sex ambiguity at birth, consent to any surgery or corrective sex assignment procedure must be withheld until the child comes of age
to exhibit the dominant traits and or choose their sexual orientation.”
8C – Participation in Decisions This Clause provides for the patient’s participation in decisions affecting their health. This was welcomed as a positive development.
8D-Health Services to Children
This clause provides for criminal sanctions against a parent or guardian for preventing or withholding consent for a child to receive health services which may be in the best interest of the child. The submissions received pointed out that while this clause sought to enhance access to health care services, criminal sanctions against the parent or guardian were not the best option as this will result in social conflicts or conflicts between parents/guardians and minors. It was also observed that some vulnerable children, orphans, child-headed families and children whose parents are in the diaspora would find it difficult to access health care services in the absence of a parent or guardian. Therefore, it was recommended that the clause should explicitly spell out that children can also access health care services unaccompanied. Other submissions recommended that the Ministry of Health and Child Care together with the Civil Society Organisations must implement awareness campaign programmes for the parents and guardians on the right to health and the importance of ensuring that children gain access to health services, in some instances without the consent of the parent or guardian. Further submissions proposed that the Clause should also allow other duty bearers the ability to take children to health care facilities to access treatment for example, Doctors, Social Workers, Psychologists, Police Officers, Church leaders, Neighbours, and Teachers. It was also submitted that criminal sanctions should be extended to religious and traditional leaders that discourage or prevent their congregants and people within their jurisdiction from accessing health services.
8E-Obligation to Provide Discharge Report
This clause places an obligation on health institutions to provide a patient with a discharge report at the time of discharge from the health institution. This insertion received both positive and negative reviews from the public. Submissions in support of this Clause argued that reports are important as they contain information that can be used for future reference. Submissions to the contrary argued that this Clause would compromise the privacy of the patient in the event that they lose this report or the report is accessed by people who may use the information for malicious purposes.
It was recommended, that there was an urgent need to develop a database accessible by healthcare service providers that will contain information on the medical history of the patient.
8F-Health Service for Experimental or Research Purposes
This clause provides for informed consent of the patients for participation in medical research and experiments. The majority of the submissions received pointed out that this Clause was progressive as it gave the patient the power to decide whether or not to participate in research and experiments. However, it was proposed that there be an insertion of a new sub-clause that obliges a health practitioner to disclose the experimental treatment that enables the patient to make an informed decision. The proposed new sub-clause would read as follows. “A health practitioner shall disclose to the patient the nature of the experimental treatment and anticipated side effects including any relevant medical information that will enable the patient to make an
informed decision whether to take the treatment or not.”
8G & H- Confidentiality and Establishment of Control Measures
The Clauses enjoin healthcare service providers to ensure confidentiality of patient’s health records and establish control measures which include a storage facility and a system to prevent unauthorised access to patient’s records. Clause 8G outlines the types of offences in relation to the protection of health records and the fine thereof. The majority of the submissions viewed the Clauses as progressive as they ensured the protection of patient’s records and information. It was further recommended that Government had to establish a digital platform accessible with patient’s medical records and accessible by the healthcare service providers. On the contrary, it was submitted that the clause was contradictory to clause 8(e) which mandates the service providers to provide the patients with a discharge report. This contradiction would leave a grey area in the event that the patient’s medical records are made public or the records are lost.
8I-Complaints Procedure
This clause mandates every health institution to establish a complaints procedure. Majority of the submissions agreed to the proposed clause and further recommended that the procedure should go beyond the health facility up to the district, provincial and national levels as the cases may require in order to ensure transparency in handling complaints. The submissions also implored that the established complaints procedure should ensure that patients’ grievances are addressed and there is an efficient feedback mechanism. The submissions further suggested that the Clause indicate the timeframe within which the complaints are expected to be fully addressed and proposed 30 days to be a reasonable period to allow for thorough investigations.
8J-Duties of Patients
This clause spells out the duties of patients and the majority of the submissions stated that it was progressive.
8K-Rights of Health Care Personnel
The majority of the submissions observed that this clause was progressive as it protects the rights of the health care personnel. However, others felt that more can be done to improve the provision of the Clause by adding a sub-clause that speaks to the protection of health care workers from civil and legal liability in the provision of services to children as long as the provision of such a service uses technical medical practice and due process and procedures.
Clause 6 - Provision of Incentives
The Clause provides for provision of incentives to persons who intend to build health institution in marginalised areas. The submissions received showed that this was a positive development in the drive towards universal health coverage in Zimbabwe. However, it was submitted that there is need to define the term “marginalised areas” and to clearly spell out the incentives that may accrue to those who intend to establish health facilities in the remote areas to minimise chances of arbitrage and corruption. It was also submitted that Government should remove barriers that delay the processes of securing permits to establish health facilities.
Clause 7-Prohibition against Discrimination
The Clause amends section 12 of the principal Act by extending the grounds of nondiscrimination and it was positively received by the participants. However, some stakeholders stated that Section 56 (3) of the Constitution of Zimbabwe lists a wide range of categories of persons and personalities and characteristics and makes use of “every person.” They observed that while some may argue that every person means that everybody’s right to get fair access to health care has been protected, including categories that are not specified in the non-exhaustive Section 56(3) list, there remains groups that have a strong stake in especially STIs prevalence, transmission and control, who already suffer untold discrimination and stigma in society, including in the health care sector. They asserted that the key national HIV and AIDS management documents acknowledge the impact includes Key Populations, among them Sex Workers and the LGBTI community have, in HIV and AIDS management and rightfully includes them. Thus, to ensure that there is clear expression of intent and clearing of any doubts in the health services, in this bill, they recommended recitation of Section 56 (3) broader list by the insertion of sexual orientation and gender identity on the list.
Clause 8-Prohibition against Refusal of Emergency Treatment
The Clause prohibits private healthcare institutions from refusing to offer health services to a patient requiring emergency medical treatment that may threaten that person’s life. Apart from stipulating that private health institutions should stabilise a patient for not less than 48 hrs before transferring him/her to public health institutions, the clause further states that “The Minister and the concerned private health institution may conclude or facilitate the conclusion of an agreement, for the recovery of all or portion of costs of the treatment…” Although the majority of the submissions were in support of the clause, observing that it was a positive step towards ensuring health for all, those who represented the private health institutions strongly objected. They argued that prescribing minimum hours for patient stabilisation is problematic as this does not take long in most cases and 48hrs may become expensive for the patient if he/she is asked to pay their own bill or even the State. They also argued that the reimbursement model where government reimburses for services rendered is not working effectively, for example, local authorities are owed huge sums of money by government. Private institutions are businesses, and cannot afford to have funds locked up for inordinate periods. It was further submitted that it was imperative that the criteria on who qualifies to be assisted by Government and who may not, be clearly spelt out to ensure efficiency in the delivery of the emergency treatment.
Another area of concern to the private health players was on sub-clause 3 which they alleged that essentially the amendment ropes in the private sector to fulfil the State’s constitutional obligation to offer healthcare to citizens. They called for a limitation clause to be placed with respect to the duty of private institutions to provide services as contained in the Bill, stating that the duty should be subject to availability of resources as contained in its memorandum with respect to government’s obligation to provide healthcare services. The submissions also stated that Government seems to be delegating its responsibility to the private health sector but is making registration restrictive for the private health sector to thrive. Private health sector should complement government not the other way round. Thus, it was recommended that the Government should strengthen and capacitate the public health service facilities to be able to provide emergency treatment services. Other submissions recommended for the deletion of the whole of this Clause as it seems to be geared towards destroying the private health system.
Clause 9 - Fees and Charges Payable at Private Health Institutions
This clause amends section 13 of the Principal Act by repealing the whole section which provided for the fees payable at health institutions. The Minister should concern himself with the revision of charges in public institutions and in the institutions that government gives grants to. i.e. mission hospitals and local government health facilities.
Clause 10 - Amendment of Section 16
Clause 10 amends Section 16 of the principal Act by empowering the Minister to make regulations in respect of:
- The health care to be afforded to children, persons with chronic illnesses, persons over the age of seventy years and veterans of the War of Liberation and persons with disabilities. The concerns raised by the general public where as follows:
- Access to Healthcare Services for Children—should remove age restrictions and provide the service free of charge for children under the age of 18 years.
- Access to Healthcare Services for the Elderly—the age limit should be reduced from 70 years to between 55years and 65 years considering the low life expectancy in Zimbabwe which is currently hovering around 62 years.
- Access to Healthcare Services for the War Veterans—this should include widows, widowers and children of the war veterans and should be free of charge.
- Access to Healthcare Services for Persons with Disabilities—should be free of charge.
- Healthcare should also be afforded to people with neurological illness, street kids and orphans.
- Above all, the Government must finance the public health sector to ensure that these institutions are adequately resourced in terms of human resources, equipment, infrastructure, medicines and other critical consumables in order to protect, uphold and defend the right to health for the above-mentioned groups of people.
- the health care packages which shall be available at Government primary health care centres, district health institutions, general health institutions, provincial health institutions, and central health institutions for specialist services. Majority of the participants agreed with the proposed clause, observing that the State should ensure that healthcare service providers must be proficient in sign language to ensure that no one is left behind.
- For the purposes of any consultation with the public, the establishment and composition of a national consultative health forum. This clause was viewed as a positive development as it was reflective of the Government’s agenda of devolving decision making to the people through consultative platforms and forums.
OTHER SUBMISSIONS
It was submitted that the Bill should also provide for access to free testing/screening and treatment of terminal illnesses including cancer. It was further submitted that the Bill should provide for free medical services by affected vulnerable persons, especially in situations of disasters and pandemics including children under the age of 18 years.
COMMITTEE OBSERVATIONS
The Committee observed that:
The penalties given to parents or guardians who deny or prevent a child from receiving any health service which is in the best interest of the child concerned in the Children’s Amendment Bill are different from those given for the same offence in the Medical Services Amendment Bill. For ease of reference, the two Bills provides as follows:
Children’s Amendment Bill
Section 9 (“Medical examination and treatment of children and young persons”) of the principal Act is amended by the insertion after subsection (12) of the following subsection— “(13) Any parent or guardian who, without reasonable cause, denies medical treatment or access to medical treatment to a child in their care who is in need of such treatment, shall be guilty of an offence and liable to a fine not exceeding level 5 or imprisonment for period not exceeding six months or to both such fine or such imprisonment.”.
Medical Services Amendment Bill
Clause 5: 8D Health services to children
It shall be unlawful for any parent or guardian of a child to prevent a child from receiving any health service which is in the best interests of the child concerned, or to withhold consent for any health service in contravention of section 60(3) of the Constitution. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
The phrase “leaving no one behind” on clause 7 was not explicitly clear.
There seem to be no financial strategy to support what the Bill provides for and this may negatively affect the smooth implementation of what the Bill envisages to achieve.
Persons who are suffering from chronic illnesses such as epilepsy, cancer, heart disease diabetes, hypertension among others have been finding it difficult to access health care services, especially those accessing facilities in the rural and some urban areas that may not have the necessary testing equipment and the requisite drugs for patients.
COMMITTEE RECOMMENDATIONS
The Committee recommended as follows:
There is therefore, need to harmonise the penalties that are stipulated in the Children’s Amendment Bill and Medical Services Amendment Bill.
On Clause 7 of the Bill, there is need for more clarity on the phrase “leaving no one behind” to avoid any doubt.
There is need for a financial strategy to support what the Bill seeks to achieve
The following phrase should be provided for on Clause 9 of the Bill; “Access to free healthcare services for all those who suffer from chronic illnesses.”
On Clause 8 of the Bill, the Ministry of Health and Child Care and medical practitioners should craft a policy that clearly stipulates the magnitude and execution of critical emergency services.
CONCLUSION
In the view of the Committee, the provisions of the Medical Services Amendment Bill [H.B 1, 2022] were generally accepted by the public and the law perceived as progressive in improving access to health care services in the country in order to attain the universal health coverage. However, gaps were noted, some of them have already been mentioned in the report, while others will be addressed by the proposed amendments listed below.
PROPOSED AMMENDMENTS TO THE MEDICAL SERVICES AMENDMENT BILL [H.B 1, 2022]
CLAUSE 5 New Part Inserted in Cap. 15:13
The principal Act is amended by the insertion after Part II of the following Part—
“PART IIA
GENERAL STANDARDS AND PRACTICES APPLICABLE IN HEALTH CARE DELIVERY
8B (3)
For the purposes of this section, “informed consent” means consent for the provision of a specified health service given by a person who has been informed in terms of section 8B, and in the opinion of the health care service provider primarily responsible for the care of the patient, having the requisite capacity to do so.
8B (4) (new provisions proposed)
(a) For the purposes of this Act, the following principles apply
- A person must be assumed to have capacity unless it is established that they lack capacity.
- A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.
- A person is not to be treated as unable to make a decision merely because they make an unwise decision.
- An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done or made in their best interests.
- Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.
8B (5) (new provisions proposed)
- For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.
- It does not matter whether the impairment or disturbance is permanent or temporary.
- A lack of capacity cannot be established merely by reference to—
- a person’s age or appearance, or
- a condition of their, or an aspect of their behaviour, which might lead others to make unjustified assumptions about their capacity.
- In any proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on a balance of probabilities.
8B (5) (new provisions proposed)
- For the purposes of this Act, a person is unable to make a decision for themselves if they are unable—
- to understand the information relevant to the decision,
- to retain that information,
- to use or weigh that information as part of the process of making the decision, or
- to communicate their decision (whether by talking, using sign language or any other means).
- A person is not to be regarded as unable to understand the information relevant to a decision if they are able to understand an explanation of it given to them in a way that is appropriate to their circumstances (using simple language, visual aids or any other means).
- The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent them from being regarded as able to make the decision.
- The information relevant to a decision includes information about the reasonably foreseeable consequences of— (i) deciding one way or another, or (ii) failing to make the decision.
8B (6) new provision proposed
- For the purposes of this Act, in determining what is in a person’s best interests, the person making the determination must not make it merely on the basis of—
- the person’s nationality, race, colour, tribe, place of birth, ethnic or social origin, age, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, pregnancy, disability, or economic or social status, or whether they are born in or out of wedlock or appearance, or
- a condition of their, or an aspect of their behaviour, which might lead others to make unjustified assumptions about what might be in their best interests.
- The person making the determination must consider all the relevant circumstances and, in particular, take the following steps. They must consider—
- whether it is likely that the person will at some time have capacity in relation to the matter in question, and
- if it appears likely that s/he will, when that is likely to be.
- whether it will be detrimental to their health if the service provision is delayed until they have the capacity in relation to the matter in question
- They must, so far as reasonably practicable, permit and encourage the person to participate, or to improve their ability to participate, as fully as possible in any act done for them and any decision affecting them.
- Where the determination relates to life-sustaining treatment they must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about their death.
- They must consider, so far as is reasonably ascertainable—
- the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity),
- the beliefs and values that would be likely to influence their decision if they had capacity, and
- the other factors that they would be likely to consider if they were able to do so.
- They must take into account, if it is practicable and appropriate to consult them, the views of—
- any parent, close relative, sibling, friend or independent advocate of the person concerned.
- anyone named by the person as someone to be consulted on the matter in question or on matters of that kind,
- anyone engaged in caring for the person or interested in his welfare,
- any person appointed for the person by the court, as to what would be in the person’s best interests provided that medical services must not be denied to any person merely on account of not having made the consultations upon the patient being advised of the need to so consult.
- For the purposes of this Act, an Independent Advocate includes the health care provider primarily responsible for the patient’s treatment, the head of any health institution concerned, or other person to whom that authority has been granted by the health institution concerned.
8K (3) new provisions proposed)
No health care service provider who acts reasonably, in good faith and without culpable ignorance or negligence shall be held liable for any act done in terms of this Act.
8L: Act to Prevail (new clause and provisions proposed)
This Act shall prevail over any other enactment inconsistent with it except in so far as the determination of the best interests of the child is concerned.
Amendment of section 35 of the Public Health Act [Chapter 15:17] (new clause and provisions proposed).
Section 35 of the Public Health Act [Chapter 15:17] is amended as follows: -
- By the deletion of the word “legal” in subsection 1
- By the deletion of subsection 4. I thank you.
HON. DR. LABODE: Thank you very much Madam Speaker Ma’am. The issue of access to health services for adolescence has become like a broken record in which the Ministry of Health seems to be helpless. They cannot help it. We know that our teenagers are indulging in drugs and drugs lead to you losing your capacity to control your body. This is where you hear vuzu parties, multiple partner sex. I am saying we hear of vuzu parties where young people of ages 13 to 14 are having multiple client sex, being infected and getting pregnant. It is almost like we live in two worlds. The Ministry of Health and Child Care lives in some heaven of some kind and we live with these things every day. We read them, they are in the press and yet we fail to do one thing, that is to handle Section 35 of the Public Health Act which restricts the child, a 15-year old, from going to get health services - yet we know because of the life they are leading, they end up with STIs and you expect a parent to take a child to the hospital and say my child has been infected with an STI, please attend to him.
It is impossible. That child will not seek medical attention because there is no way they will say it. I would kill my child if the child came to me and said he or she has an STI. I would be emotional, but we have the Public Health Act with that restriction. We bring medical amendment Bills with the same restriction. So why are you wasting people’s time? You know we hide behind that we are Christians. Read your Ten Commandments. Lying is a sin. It is as good as killing. Divorcing is a sin, konke elikwenzayo is a sin and you kill also. Fornication is a sin. Go and read your Ten Commandments and then you know that really we are being unfair on our children. Do we want to have more street kids, because this is what is happening?
When we went to the public hearing, the children demanded that they want to go and seek health services at hospitals by themselves because when they indulge in sexual activities, they do not ask for permission from their parents. They also want to receive free treatment because they do not have money because they do not go to work but are still school children and they now know that they have a problem.
Hon. Labode having been code-switching
THE HON. DEPUTY SPEAKER: Hon. Dr. Labode, please may you use one language.
HON. DR. LABODE: Sorry Madam Speaker. Please allow me to say something in Shona. I will debate in English but I have to tell the Minister here – vana vedu vajamuka. They are just out of control. If you do not understand that, then you should not be a Minister of Health and Child Care. It is really sad.
If you look at the numbers, the Minister of Primary and Secondary Education said 10 000 pupils did not come back because of teenage pregnancies. What are we waiting for? What exactly do you want? You want them to come and demonstrate at Kaguvi Building so that you see that the children are getting pregnant? When we went for public hearings on this Bill in Nyathi, we were received by over 50 teenage pregnant girls who came to meet us.
That is a rural constituency. It is not even Bulawayo or Harare. So Minister, we really need to be proactive. These things will cut the costs for health. You talk of going to India to get drugs. First of all, deal with these small things at home. Dealing with the simple tinkering of Section 35 of the Public Health would save a lot of trouble. Now there is a booming black market for contraceptives coming from Zambia and South Africa. You know why, because our children are not allowed to go to the hospital. So I the dealer now see an opportunity. I go to Zambia and bring contraceptives. I am known, I am just selling for US$1. In the meantime, there is a Minister who is sitting somewhere saying I am in control. You are not in control. No, you cannot be in control. Vana vajamuka, just remember that.
Also the Ministry of Health and Child Care has opted to say a service provider should use their discretion. As I am talking, for example the Family Planning Council, when they move around with their mobile clinic, which is good, they actually attend to 15 year olds because the assumption is if you are coming to the Family Planning Council mobile team, it means you are having sex. So they provide a service and this is now a true story Madam Speaker. A 15-year old was given a jadelle. When she got home, she forgot to put on a long sleeved top and the mother saw a little bandage. So she thought let me share with my mother what I have done. She says mother, I saw a Zimbabwe Family Planning Council mobile team and I went there and they put Jadelle. The mother runs to the father, the father beat the girl up. The following morning, they went to the Zimbabwe Family Planning Council offices and said if you do not remove the Jadelle which you have put on my child, I shall sue you.
That is where we are talking of protection of the health worker because the law does not protect the health workers. As long as the law says this is wrong, it means if someone can find money, we can actually take these people to court everyday because it is happening every day. Then the Zimbabwe Family Planning Council had to remove the Jadelle and after removing it, we followed the child and she is now pregnant and she is now 16. Now she is eligible for family planning because she is pregnant. In Zimbabwe, as long as you have not gotten pregnant, you have no right, but if you get pregnant, you have the right to family planning, the right to go to school for free, right to do this and that which means we are promoting child pregnancy. Literally, that is what we are doing.
I will now move away from that issue. Clause 8, which talks about prohibition against refusal of emergency treatment, Minister, the people who are in the private sector are in business. They are not NGOs. So if you arrive at an institution and you cannot pay, you will not be taken because the emergency care is very expensive. It is drip, it is blood – all these things are costly.
Minister, I was involved in a head on accident 10km before Kwekwe. I thank God I had a cut on my arm only. I was taken by ambulance to a private institution. The nurse came to the ambulance. They did not take me in with a stretcher. She came to the ambulance and wanted to know my medical aid. I then said to her it is PSMAS. She then said no, we do not take PSMAS. I could have paid but I knew I was not really severely injured so I said it is okay, I will go to Kwekwe hospital and Kwekwe hospital gave me a very good service. I am trying to tell you that the private sector is there for business, they are not NGOs. So do not include them in your plans especially these plans of dishing out things for free.
Also Minister, please forget this thing of saying the Minister will be in charge or control of the fees paid to private hospitals or private doctors. You cannot control those. Those again are in business. Let us make sure that our own health services - I know I am going to sound like a broken record with Kagame because I was sent there to learn, when I went to Rwanda. More people actually go to the public institutions because public institutions are not fancy, they do not have leather chairs but they have the service, the drugs and the equipment. You heal come out and go home. That is what we should do. Let us not try and impinge on the people who have set up their nice things and you say Mater Dei, you cannot charge US$100 you must charge US$10. That will not happen, let us forget about that.
When we went out, Madam Speaker, chronic patients cried out and said they need treatment but we know their treatment is monthly and it is expensive. I am diabetic and hypertensive, so I know what I am talking about. A lot of these drugs, the basic ones are quite cheap. If we were to order them and make packages for them to ensure that every chronic patient that is diabetic, suffers from hypertension, epilepsy, and renal problems get these things for free; we should make an effort because people are dying in a country where we have diamonds, gold and we have this and that.
Madam Speaker, I am urging the Minister, we do not want you to come back and say there is nothing we can do about it because we are a Christian nation. No, you are not a Christian nation. Most of you if we want to say out your sins, you will not like it. Thank you very much.
(v)+HON. L. SIBANDA: Thank you Madam Speaker. The President of Zimbabwe, His Excellency Hon. Mnangagwa, has said in his mantra “nyika inovakwa nevene vayo” “Ilizwe lakhiwa ngabanikazi balo” meaning a county is built by its own people. There is no-one who can say children should abort or that children should bear their own children. A child should go to the hospital on her/his own to get help, be it she wants tablets to prevent pregnancy. Madam Speaker Ma’am, what more the street kids, do you not see that these children now are getting pregnant because the Minister is saying children should not go on their own to the hospital? If we say children should not go to hospital on their own - how many children, what are we saying? Some of them are now going for backyard abortion and dying and some of them, their wombs are getting damaged.
I remember the Hon. Minister, VP Chiwenga, he came to this august House and said that he was going to come up with a Bill that was to going to see to it that young girls do not get pregnant. Like what we are seeing now, young girls are getting pregnant. If children need services without their parents they should get those services because this is what the children were saying. It does not matter what disease they are suffering from because if they do not get the services, they will die. It would be difficult for them to approach their parents to tell them what they are suffering from. They should be allowed to get those services without their parents because some of the parents are out in the diaspora.
*HON. PETER MOYO: Thank you Hon. Speaker. I would like to add a few words to this debate. My main contribution is with regards to children as they suffer a lot in this country, because in trying to figure out how to assist them,, we go against God. The reason why we seem to be lost is because there is no Ministry in this country that does not deal with issues to do with children. All ministries deal with children’s issues. We have the Ministry of Health and Child Care, Ministry of Sport, Arts and Culture, and Ministry of Public Service, Labour and Social Welfare. It is all mixed up, just mixed up with everything - salt, sugar, milk, it is all mixed up. We need to have one Ministry that solely looks into children’s issues because if all ministries just mix up those issues, that is the reason why we now have them abusing drugs - that whole generation is lost.
The doctor spoke about the Bible; there is a whole generation that was abandoned by God in the Bible. It was left to extinction by God so that another generation comes up. This generation is not going to be wiped out by God, but we are doing it ourselves. The reason is, there is no Ministry that specifically deals with children’s issues.
So my request is, all these laws should be taken away from all the various ministries and come up with one law which is placed under one Ministry to deal with children’s issues. In the SADC region, that is what they have done. There is a law that deals with children only but here in this country we have many ministries that speak about children’s issues. So, this is my humble request that we take this issue seriously and have just one dedicated Ministry to deal with children’s issues. This is why I stood up. I thank you.
*HON. MATSUNGA: Thank you Mr. Speaker for awarding me this opportunity to add my voice on the issue of children’s rights. Mr. Speaker Sir, I am troubled with issues that affect youths, especially drug abuse. Many youths do not have a bright future because of drug and substance abuse. Most of them indulge in early sexual activities under the influence of drugs without proper protection. These children later seek medical attention at health facilities but they fail to access these services because there is need for a parent or guardian. This is a problem we are facing in different areas where we come from. Mr. Speaker Sir, where I come from, young children are infected with sexually transmitted diseases under the influence of drugs. May we enact a law which helps these kids? The supreme law of the land, which is the Constitution of Zimbabwe talks about children’s rights, children must have access to healthcare.
In addition Mr. Speaker Sir, there is another issue where children are prevented by their parents or guardians to access health services. Most of them are sick but they are not being taken to health facilities. They are allowed to access health services later but the damage would have already been done. I suggest that this report must include that parents who deny their children access to health services must be arrested.
There is another issue of adults who indulge in sexual activities with the children and some of the children do not know much about sexual activities. I suggest that we must have a Ministry which focuses on children alone. The current Ministry is looking at a lot of things and it does not focus on children alone. Children are affected because there are people who are selling and giving them drugs.
It seems as if security at our ports of entry is very weak because drugs are smuggled into the country through these ports. Right now, even the way the youths speak has changed and their health has deteriorated due to drugs and substance abuse. If you go to Harare Hospital, there is a ward that has boys and girls who use broncleer who now have problems with their internal organs. If you visit the psychiatric hospital, there are youths with mental illnesses due to the use of drugs. My plea is that there should be a Ministry that deals with children’s issues. It will be the responsibility of the Ministry to stop trafficking of drugs and to ensure that there are rehabilitation centres that assist these youths. Mostly, the children reside in high density areas and cannot afford to visit rehabilitation centres that charge services in foreign currency.
The report should also touch on the issue of localised rehabilitation centres where youths can access services at low prices. It is important that our children should be able to get help. It is pertinent that in all areas where we come from, there must be psychiatric nurses who deal with children’s issues. Sometimes these children are not affected by drugs alone. Children need other forms of assistance but they might lack parental or guardian care. The children might end up falling pregnant because of lack of help. Most people do not care much about children who seem to be mentally disturbed. It is important to have health facilities where the children are examined to see if they are mentally fit. Thank you for giving me this opportunity.
*HON. MUCHENJE: Thank you Mr. Speaker Sir, for awarding me this opportunity to add my voice on the Bill which is being debated in this House on the issue of protection of children. Looking at the issue of drug abuse by children in this country, this august House is not doing its job properly. We are the ones who enact laws and represent the people. I say this Mr. Speaker Sir, because the issue of drugs has been discussed in this House for many years. This House has not come out with anything binding or stopping drug abuse. We are the ones who must come out with a law to ensure that people who are involved in drug business are arrested. This law is the one which will be used against all people who are involved in drug activities. Looking at other countries, they have imposed death sentence to people who are involved in drugs. People who take drugs are greatly affected to the extent that some of them will die. The drugs affect health for both young people and the elderly. It should be clear that when we are talking of children, we are not referring to those who are above 20 years of age. Due to our economic situation, parents can financially support a 35-year old but in terms of decision making, this person graduated from being a child to an adult at 18 years. As a parent, I still refer to this person as a child but he or she is an adult. Laws which are applied to adults must be applied on them.
Hon. Speaker Sir, I want to talk about children who are 18 years and below. These are children that need protection. We must fight for these children. Those who are above 18 years must face the full wrath of the law. Parliament must come up with a law that protects children. Another thing is that drugs do not come outside the country only. Some of the drugs are manufactured here in the country. Where I come from, people who sell drugs say they buy them from Mbare. This means in Mbare, people are manufacturing drugs, they then pack and put labels like whisky or any other brand.
One of these days, I was travelling to Buhera to lay flowers on the grave of the late President Morgan Tsvangirayi. May his soul rest in peace. I came across people who were selling drugs which they said treat constipation. One of the passengers bought this drug around Boka area and forgot it in my car. The mood of this person changed and I asked him but he denied it. I asked my husband to taste the contents of the drug which was left in my car and he said it was a drug because he started to feel dizzy. The drugs are sold in the streets by elderly people like us.
Mr. Speaker Sir, I am saying this august House must investigate and see how the drugs are transported and manufactured and we can get to the source of the drugs. Our police force in Zimbabwe is very efficient. If they fail to apprehend perpetrators, it is either they are reluctant or they are prevented by something to do their work. We do have a police force which knows how to do their work. We have Hon. Members of Parliament and Ministers who are very clever and talented. We cannot say we failed to contain drug abuse. It is only that we are reluctant. Let us fight for our children. Children as young as grade 7 are now taking drugs. These drugs are affecting them mentally and physically because we are failing to defend their rights. Where are we failing as the representatives of the people? We should enact a law that protects the rights of the children. We must have a Ministry that deals with children’s issues. I thank you Hon. Speaker for the opportunity that you have given me. I thank you.
HON. MOLOKELA: Thank you Mr. Speaker Sir, for this opportunity to debate the report from the Joint Committees with regard to the Medical Services Amendment Bill. I am a member of the Portfolio Committee on Health and Child Care and I was part of the public hearings and consultations with regard to this proposed Amendment Bill. First and foremost, I need to share my excitement with regards to this Bill. It is one of those pieces of legislation that I have personally supported in this Parliament and there have been few such Bills that I have personally supported. I see this Bill as a progressive Bill and even the public hearings, we got a lot of feedback towards this Bill. It was very progressive and supportive.
As you might be aware, the Bill is in line with the right to health which is protected by the Constitution of this country in terms of Section 76 which gives every Zimbabwean, in line with the 2013 Constitution, the right to healthcare and obligates the Government of Zimbabwe to provide quality healthcare for the people of Zimbabwe. This Bill speaks directly to the fulfillment of this constitutional provision. Added to that, it also speaks to achieving Sustainable Goal Number 3 which seeks to ensure healthy lives and promote well being at all ages. In line with the sustainable development goals that are supposed to be met by 2030, this Bill speaks directly to that. This Bill also comes at a time when the quality of public healthcare in Zimbabwe is at an old time law. We have never experienced this kind of situation that we have today.
This Bill comes at a time when our public health services is at an old time law. It is important that as we consider this Bill, we do not lose sight of the fact that what is happening in our public healthcare facilities is something that is not desirable and it is far away from the expectation of Section 76 of our national Constitution. As I speak this afternoon, the majority of Zimbabweans cannot access quality healthcare. As I speak this afternoon, there are no medicines in most of our public healthcare facilities. There are archaic, anachronistic diagnostic machines in most of our public institutions and in some health institutions, they are not there at all. If you are a cancer patient and you are on dialysis, it is a death sentence for this country. As we meet this afternoon as I debate this report, I need to underscore the fact that we are disappointing our millions of citizens as a country and there is need for drastic change in terms of how we approach public healthcare.
To that end, I think I need to emphasise that this Bill will not add value to improving quality public healthcare services in this country, unless and until we keep our commitment towards funding for health. I am happy that the Hon. Minister of Finance and Economic Development is in the House and I take this opportunity to reaffirm Zimbabwe’s commitments towards the Abuja declaration of 2001 where the Government of Zimbabwe was one of the many African heads of State and Governments that were represented in Nigeria. That said enough is enough, it is time for Africa to fund its healthcare and Zimbabwe committed itself to fund healthcare. What we have seen 21 years later is a failure by the very same Zimbabwean Government.
I know there are occasions in this august House, parliamentarians tried desperately to separate both the so called first republic and the second republic. I want to say today and in no uncertain terms that both the so called first and the current second republic have failed dismally to fulfill the commitments of the Abuja declaration. They have failed dismally to prioritise funding for healthcare. What we see at Parirenyatwa, Mpilo, UBH and all across our public healthcare facilities; the main reason is because the Government of Zimbabwe is failing to fund healthcare. The Minister of Finance is here and I want him to take it to Cabinet that you are failing the people of Zimbabwe. You must fund healthcare; at least 15% of our gross domestic product in terms of our budgeting should go towards public healthcare.
This is not something that is being forced on you with a pistol on your head; this is something that you committed to yourself as a Government that you are going to fund 15% of your budget. You are not doing that and please, I appeal to you, let us fund public healthcare. Let me go directly also to the Bill. There is a very important Clause in the Bill that I wanted to underscore, I know those who have spoken before me have emphasised some of the points so I just need to highlight that point. It is in regards to the way we approach provision of healthcare services from the prospective of the professional healthcare workers.
This report has made a very important recommendation that might change the way we approach this issue, how we make decision especially in cases that do not need a lot of consultation that needs an urgent decision. If you look at what we have proposed in this report, a new provision, Section 8 (K) (III) that says, “no health care service provider who acts reasonably in good faith and without culpable ignorance or negligence shall be held liable for any Act done in terms of this Act”. It is a very important Clause because what it does is that it gives a little bit or more flexibility to health professionals who sometimes are caught between a rock and a hard place and they have to make a decision. The process of getting consent and the process of getting personal approval can be very long and protracted. Why are lives at stake? Sometimes it is about people who are below age and so on.
If you are professional, your most important demand is to serve life. This Clause is very important because it allows our healthcare professionals when it is really needed and essential to have that flexibility to make decision and hopefully serve lives. They may not necessarily do so but at least they have a chance. Why is it very important? Under the current legislation, it is possible for someone to sue the healthcare professional for making a decision which in that particular time they thought could be in the best interest of the patient and to follow all the due process and legal procedure, life would have been lost. It is important that we give flexibility that in a reasonably justified circumstance, those who have been trained to save lives are given that leeway. Yes, it is open to abuse but we cannot put a blanket and say you are not allowed to make a decision. The current form of legislation is the one that is prohibitive and inhibitive, so this proposal is one of the key progressive proposals in this Bill. It is going to help especially when we know that our health care system is not really trusted by the public.
For your own information, our health care seeking behaviour has gone down over the years. Most people do not go to hospitals until when it is too late and by the time they arrive there, they will be in a very desperate situation. This clause is very important because it is going to allow the health care professionals to respond urgently to the situation and hopefully save life. I want to encourage everyone to support this proposal and I want to urge everyone to endorse it and make sure that it passes through as proposed.
Last but not least, I wanted to talk about the right to universal health coverage. As a country, in line with Section 76 of our Constitution, I want us to use laws such as the Medical Services Bill to fulfill our obligation to improve access to health care, to fulfill the obligations of Universal Health Coverage. As a country, we are not doing enough. It is important that once this Bill is passed, once its terms and conditions are implemented, we use it to improve our ability to achieve Universal Health Coverage. The aspiration is by 2030 and I know that it is 2023; it is not really possible but we are not talking about perfection here, we are talking about making sure that at least there is some quality health care in our public facilities.
I want to emphasise that in terms of Universal Health Coverage, there is a direct link with this Bill that we are discussing. It is important that we pass this Bill and make sure that we do everything in our power to improve access to health care. Related to Universal Health Coverage – and I am happy that the Minister of Finance and Economic Development is here, I do not understand why in Zimbabwe we are not taking advantage of two concepts that other countries are taking advantage of in terms of improving health care. The first concept, if you go for example to Zambia in Lusaka, they have a university teaching hospital. Where they have students who are at school – sorry I noticed that the Deputy Minister of Health is here. Sorry Hon. Deputy Minister. I think this point is very important.
Mr. Speaker Sir, we have the University of Zimbabwe School, we have Midlands State University and NUST, they have medical schools. There is a concept of university teaching hospitals where you actually use students, professors, academics to provide health care at a very subsidised expense. As long as you improve funding for those institutions for higher learning, then they are able to provide quality health care service to the public at a subsidized rate and allow us as a country to improve in terms of medical research. It is an opportunity that Zimbabwe has not taken care of.
Mr. Speaker Sir, the Medical School that we have is one of the oldest in the continent, the one in Harare, Godfrey Huggins Medical School. I wish it could be a public sort of broadened into a university teaching hospital in such a way that it is directly related to the strategy around improving public health care. I want to challenge you, to sit down with the institutions for higher learning that provide training for health care professionals so that you use this concept because it can subsidize funding for health and improve quality to health care.
The second thing, I am surprised that Zimbabwe does not have private-public partnerships. Our referral hospitals should actually partner with the private sector so that within those institutions like UBH, Mpilo and Parirenyatwa, there should be private sections which subsidize the public section where the latest equipment, the latest diagnostics and so on are there and people pay at a commercial rate. If you go to South Africa today, they have got what you call private wards where those who have got more money are able to pay at a public institution. For example, there is Pretoria Hospital; if you go there, they have got two sections, it is a public government hospital but there are parts where the private sector has invested.
THE TEMPORARY SPEAKER (HON. KHUMALO): Hon. Member, you are left with five minutes.
HON. MOLOKELA-TSIYE: Okay, I am about to finish. I am saying instead of waiting for the entire budget to fund Mpilo or Parirenyatwa, there is opportunity to allow – because a lot of Zimbabweans are paying a lot of money for private health care, a lot of Zimbabweans are going to Zambia, South Africa, Botswana and Malawi to access private health care which we can easily access here in Parirenyatwa. Our wards are deserted, they are obsolete, they are empty, why do you not sit down with the private sector and invest and use the profits from the private sector to subsidize the public section? If you are not sure you can do benchmarking visits to other countries like South Africa and see how you can learn from them and make sure that you commercialise health care. Even in these public institutions, they do not need to wait for the budget. All we need is the private sector to invest and the Ministry of Finance to do seed funding or capital investment in a short term and then they become self-sustenance.
Mr. Speaker, it is not difficult, can you imagine the amount that our senior politicians, including the Hon. Minister of Health when he is not feeling well, he has to go to India, South Africa, China. It is important that we have those world class facilities here in Zimbabwe so that even our senior business people, our senior politicians, when they are not feeling well they do not need to travel internationally. We lose a lot of money as a country by going internationally for health care.
Mr. Speaker, if you go to South Africa, how many politicians get treatment internationally but in Zimbabwe it is normal, using tax payers’ money for that matter. Why do you not use the same tax payers’ money we are paying our senior politicians to go to Singapore, to go to India to create that commercial section so that they can go there when they are not feeling well where there will be world class facilities? This is my request to the Hon. Deputy Minister of Health and the Hon. Deputy Minister of Finance. Please, please go and see what is at Parirenyatwa. It is a museum; something needs to be done, go and see the abandonment that is there. Thank you so much Mr. Speaker.
HON. MARKHAM: Thank you Hon. Speaker. I just want to buttress what my fellow Members of Parliament have said. I will not go and dwell on that, they have covered the Bill quite extensively. I would like to however expand on the last point which Hon. Molekela brought up on the issue of public-private partnerships. With the health service, this is a major issue where I see the public coming and I will state in my constituency and it is not me, it is my residents. The supply of medicines or the funding of medicines can be done by corporates in a lot of the urban areas. This would relieve whatever limited funds that the Ministry of Finance is being given to use on drugs elsewhere. The issue of public-private partnership does not have to be complicated. We can push the corporated and the residents to look after where they can have their clinics. I fully understand that 90% probably cannot but if we take 10% of them looking after, the turnover in those clinics will increase but it will leave the Government to look after the procurement of medicines for the rest of the country.
The issue is the modality to get it done; it is very complicated and I have discussed it with the Deputy Minister. He has been forthright in us to move up and step up again and do it but it should be adopted and I think the Bill should look at it.
Hon. Dr. Labode mentioned the main problems we have in the country now if we start; the reality is, we cannot give universal health care, we cannot do it, we do not have the money and our infrastructure is not in good shape. What we need is to identify where we have the most problems and it is in the diseases as mentioned by Dr. Labode. Supply the medicines, supply the equipment, initially to look after that. That is where we have got major pressure of people leaving us. So the issues of the two go together. I just want to add my final support – I am in total support to anyone who walks into a family planning clinic because they are not just walking in to have a look but they need help. The earlier you intervene in any problem, the less the problem is. When it comes to young children, they must have the ability to access, and coupled with what Hon. Molekela said, we must protect our health worker who supplies that for the under age. I thank you.
*(v) HON. DUTIRO: I would like to add my debate on this debate in relation to healthcare. Rural hospitals are mostly built by traditional leaders such as village heads. Some wards have two hospitals and that shows their willingness to do so but the problem is, if we build such hospitals, it must function properly and it must also have medicines. People seek services when medication is available, so we must find a way of ensuring that medication is available. On the Abuja Declaration, it means Government has to put in the requisite resources. It is true that our people earn low wages or salaries but sometimes they earn substantive amounts in a year.
As to how they are capable of contributing to funeral policies, I am sure they cannot fail to do the same for health insurance like medical aid. We also see a lot of remittances from the diaspora, which means those in the diaspora also wish their parents can access medical care. So if we can have such a facility where they can contribute in small figures, I think that will also reduce the burden on Government. If we look at referral hospitals like Parirenyatwa, that burden could have been reduced if people can access medical services and healthcare facilities. So many people these days no longer seek medication at healthcare facilities but prefer faith healers.
I suggest that Government makes a programme where people can pay or subscribe for medical healthcare. For example, where I come from, we have tobacco growers. We cannot say those people are poor but they should be allowed to pay for their medical insurance during the time they earn their money. That way they can access health services together with their families after subscribing for the whole year. That is all I wanted to say. Thank you.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE (HON. DR. MANGWIRO): Mr. Speaker Sir, I would like to thank you for this opportunity to respond to the Hon. Members who have contributed to the debate on this Bill. I should say their contributions were quite important. The main thrust is on age and drugs. I am a doctor myself and I have seen children being treated every day. I have not had an opportunity to see a child being sent away because they did not come with their parents. If we are going to relegate our responsibility to say children must look after themselves as parents, I think we are lost.
We cannot say children, because they are now drinking and drugs are all over, then children can go and look after themselves. As a doctor, if a child is nine or ten years old, I need someone to be telling and supporting that child and if the child comes alone and is critically sick, I call in a colleague. We look at the child and treat the child. We never turn away children. If a child is sick, a person who is sick, no matter where you are, it is a criminal offence to send away a very sick person. You always call a colleague as a witness and you assist each other and exchange ideas.
I go to private institutions that they are in business and their main focus is money. I tend to say if we say private practitioners and institutions should focus on money only and not on health, it is a dangerous precedence because you have an accident ten metres away from a private institution, you are bleeding and you are unconscious. It will be difficult for you to decide to say my medical aid is here and they wait and you bleed to death while they watch you. It is a criminal offence.
If a person is in emergency, we all know an emergency. Of course, if you go with a scratch, no-one will attend to you but a person who is unconsciously bleeding and has got air in the chest and is failing to breathe, anyone must take action, even along the highway. A medical practitioner who is real must serve anywhere. The idea is to save lives. Private institutions must make their money but the essence of this Bill is to save a person’s life, everybody has got a right to life. If we forget that and say the focus is money, we are lost.
I go to the other topic of drugs. Yes, our children are getting drugs, but they are getting this from us the parents. Those children cannot cross the border to go and get those drugs. They are being brought by the same people here in this Parliament, the adults. I would like to say to the Honourable Members, we must be more responsible. We need to look after our children. We need to deal with the source of the problem. We cannot say an adult is allowed to abuse a child because he is drunk. We must be more responsible.
I remember the Vice President saying we must deal with the perpetrators of these crimes. We know who has raped this child and we keep quiet because it is a relative. We need to say if a child is drunk, you have no right. It is just like for example your mother is drunk and you rape her. That is wrong. When a child is on drugs, no matter what it is, it is important that they get taken for treatment, but it is not right to say children can be made pregnant by someone because they are drunk. As parents, we must be more responsible. We can say our children are a finished generation but we must look into ourselves and say what kind of parents are we who have created this generation.
Hon. Moyo went on to emphasise on a Ministry to deal specifically with children and be very specific. I think it is very important that we really tackle these children’s problems head on like you said. Then Hon. Matsunga, again it is drugs, treatment and contraceptives. What are we saying? Are we saying we let loose our children to say go and have sex every time you want. No, the idea is we need to reign in on our children. What kind of a parent would allow a 12-year old child to say mother can I go and buy condoms and you say please go and buy them? Next time the same child will come and say mother, I am getting married to Honourable so and so who is 75 years old. Will you accept that? No.
So when a child is pregnant, let us attack the source of the problem and let us not burden the children with our problems. What kind of a parent would say my child got pregnant so she must have an abortion and let loose the old man who perpetrated that crime? We need to look after our children. We cannot be responsible by saying a 10-year old child should be given contraceptives because next time she will say I want to have sex with your husband, mother. What will you say because you have allowed her? I have the Jadelle - these children are on drugs - saying mother, let us exchange beds. You go and sleep in my room and I will sleep with father.
So we need to be more responsible and be proper parents. Let us not get excited to say a child must just walk in and say today I want to have sex. They will walk in here and pick you – a 10-year old boy will say mother, let us go and have sex. So we need to be parents, we need to be responsible.
She also mentioned that we must deal with drug dealers drastically because they are the ones bringing these problems. She really hit the nail on the head to say if we do not attack the source of the problem, we will waste time arguing and all that. I also agree very much that we must have community psychiatric centres. As Government, we have already said old bars and post offices should be converted into these areas. You saw the Vice President opening one in Gweru. They are in many places. So we need to have those things there, but let us attack the source of the problem.
Hon. Chifamba also said we must enact laws as Parliament. As Parliament, let us not relegate our duties and burden the child whom we are supposed to protect. Let us enact laws that protect children. I think this must be done urgently because if we do not enact the laws in this Parliament, who do we expect to take the responsibility? We cannot say a 15-year old will then decide. These are children. That is why we said they cannot even vote before 18 because we need to be deciding and helping them and if this Parliament does it, you will find that things will change because right now, the perpetrators of those crimes and drug dealers are having a nice time in heaven because they know nothing happens to them and we are busy fighting children.
Yes, but the source of the problem must be attacked and I want to agree with her 100% to say, let us enact laws that deal with the perpetrators of these problems that are made in Zimbabwe that we know. We even know where the drugs are made and we just sit and wait and say they are being made in Mbare. So we need to enact laws that allow us to curb this problem. Drugs are being made here. We know who is making them. We know who is distributing them. Go to schools and you are told teacher so and so is the distributor of these drugs and children are drowsy and they are not doing anything and we leave the teacher to continue. So let us be responsible as Zimbabweans.
Police must protect and they must be empowered to protect the children. Someone said the police are very good and if they are not something is wrong. So if as Parliament we empower them to enforce what we have empowered them, these things will come to an end. There are countries where you know that if you hold something that is illegal, you are in big trouble. Here now someone was saying a man was drinking in her car and got drunk and he continued to say it was medicine for his abdomen and this is wrong and this person gets away with murder.
Hon. Molokela says this is a progressive Bill because as a practitioner, you can see that someone is dying. Hemoglobin - we measure the amount of blood in milligrams or whatever. The normal one for women should be above 13. For men it can go up to 16, but it can be as low as 2 and someone will say to you because of my religion, you cannot give me blood. Do something. The only solution is to give you blood, but you say to me I cannot accept that. If I do not do something, that person will die and relatives will come and say doctor, our relative died because you did not do anything. So I think if we protect health practitioners, they will be able to do things. Even the children who come with abortion material in their uterus or vagina we can look after them better because a doctor will say for me to be able to save this child is to stop the bleeding and they know how to do it.
So I want to agree very much with that one to say that the Ministry of Health and Child Care should be funded, it is the bottom line. That people contribute more to their death than their health is a point. If we really say a person comes into hospital, pays US$1 or US$2, by the end of the day, a hospital would have collected maybe US$2 000 which can buy a lot of medicine. So we need to have the Ministry of Health and Child Care funded because we definitely know what to do, we definitely know what we want and we definitely know how to save lives, but if the funding is low, it is difficult for us to be able to do anything.
The SDGs by 2030 will be difficult to achieve, but I think we also need to have a paradigm shift to think that is it more important for people to stand at your funeral saying good bye when you are dead rather than you saying good bye to others when you are still alive. So I think it is very important for us as Parliament to also encourage people to change our thinking.
I have talked about the Universal Health Coverage. Definitely, we need funding like what was said by Hon. Members. About medical school, Hon. Molokela, it is important that Parirenyatwa and Gomo have got university lecturers and most students are taught at Parirenyatwa, including nursing students but this may not be very visible because the services, if there is no funding, it is difficult. We definitely appreciate that this can be increased; with four medical schools we can have a big outreach, like you suggested to make our health facilities world class.
The issue of PPPs, our policy is that we invite those who want to go into PPPs and we are open. Parirenyatwa has got private wards. Most of our hospitals have got private wards where people go for private services but we definitely want you as Parliamentarians to encourage most of our corporates to get involved in the making of good health facilities. This would definitely go very far in making our health facilities good because if you have a corporate and you get sick and the health facilities are not good, you may not have the opportunity to invest in other countries other than your own country. So let us encourage PPPs and as a Ministry, we wait for those who want to come; they are welcome and we can say please join Parirenyatwa, go to Kadoma Hospital, Gokwe Hospital, etcetera.
There is also mention by Hon. Dube about traditional healers that people end up going to traditional healers. Yesterday, I was talking about traditional healers. We now have a council that will help traditional healers. We make sure they also are able to screen patients properly. As Government, we are going to offer them training on basic ways of handling patients. We expect them to have blood pressure monitoring machines, temperature monitoring machines and to check people’s sugar and be able to differentiate to say this I can manage, this I cannot manage, then they refer to the next level if they are not able to deal with it. We will be registering each practitioner, even if you are a n’anga, mudzimu, dreamer or a pastor, bishop or evangelist, we expect you to have a licence and we want to licence your place of practice and give you a practice number. If you do not have that number you are liable to two years. Parliament here did that Bill and it is very nice that we are able to take charge. So patients will be protected by the pretenders or those who are genuine, fine but we are saying this is important Hon. Dube about traditional healers.
Most of the things were very similar and I want to thank Hon. Members who have supported the Bill and for the suggestions and we definitely want to encourage everyone to support the Bill and that we continue with it because it actually gets us much closer to international medical practice.
HON. R. R. NYATHI: I move that the debate do now adjourn.
HON. TEKESHE: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 28th February, 2023.
MOTION
BUSINESS OF THE HOUSE
HON. R.R. NYATHI: Hon. Speaker, I move that Orders of the Day, Numbers 1 to 13 be stood over until the rest of the Orders of the Day have been disposed of.
HON. TEKESHE: I second.
Motion put and agreed to.
MOTION
REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON NON-COMPLIANCE TO THE SUBMISSION OF FINANCIAL STATEMENTS TO THE AUDITOR GENERAL
HON. CHINYANGANYA: Thank you Hon. Speaker. I would like to present the report of the Public Accounts Committee on non-compliance with regards to the submission of financial statements to the Auditor General by some local authorities. The Public Accounts Committee is mandated by Standing Order Number 17 in that ‘There must be a Committee of Public Accounts, for the examination of the sums granted by Parliament to meet the public expenditure and of such other accounts laid before Parliament as the committee may think fit.’
INTRODUCTION
- Section 119 (3) of the Constitution states that all institutions and
agencies of the State and Government at every level are accountable to Parliament.
- Section 35 (6) of the Public Finance Management Act (PFMA) stipulates that-
Every accounting officer of a Ministry shall submit financial statements within sixty days of the end of the financial year to the Auditor-General for audit.
1.3 In terms of Rural District Council Act, Chapter 20.13, section 137, Rural District Councils compile financial accounts that are to be audited and submit them to the auditor representing the Auditor General for auditing. After the audit has been done and certified by the council, it will then be submitted to the Auditor General.
1.4 In executing its mandate, the Committee noted that some local authorities did not submit financial statements for audit to the Auditor General. The Committee then resolved to invite for oral evidence, those local authorities that contravened Section 35 (6) of the Public Finance Management Act.
2.0 OBJECTIVES OF THE ENQUIRY
The key objectives of the inquiry were to:
- Ascertain the reasons for failing to honour section 35 (6) of the Public Finance Management
Act (PFMA) which stipulates that
Every accounting officer of a Ministry shall—
- keep or cause to be kept proper records of account; and
- submit financial statements within sixty days of the end of the financial year to-
- the Auditor-General for audit; and
- the Accountant-General for consolidation.
- Establish the dates of submission of accounts in arrears by respective local authorities.
- Propose the way forward to avoid repeat of the violation of the PFMA.
3.0 METHODOLOGY
This report is based on the oral evidence that the Committee held with sixteen local authorities listed in the table below. The Committee also requested further written submissions on issues arising from the oral evidence. The Committee then analyzed the written submissions.
4.0 BACKGROUND
At the time of enquiry, the following local authorities had outstanding financial accounts as shown in the table below:
Table 2: SUMMARY STATUS OF ACCOUNTS NOT YET SUBMITTED FOR AUDIT IN THE 2019 AG REPORT – CURRENT STATUS AS AT JULY 30, 2021
NAME OF LOCAL ACCOUNTS NOT STATUS AS AT JULY 27, AUTHORITY SUBMITTED FOR 2021 AUDIT AS AT 16 JANUARY 2021 |
|||||
CITY COUNCILS |
|
|
|||
1. |
Gweru City Council
|
2017-2019
|
2019 Accounts not yet submitted for audit.
|
||
MUNICIPAL COUNCILS |
|
|
|||
2. |
Gwanda Municipality
|
2018 & 2019
|
2018-2019 Accounts not yet submitted for audit.
|
||
TOWN COUNCILS |
|
|
|||
3. |
Beitbridge Town Council
|
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
||
LOCAL BOARDS |
|
|
|||
4. |
Hwange Local Board
|
2016-2018
|
2017 – 2019 Accounts not yet submitted for audit.
|
||
RURAL DISTRICT COUNCILS |
|
|
|||
5. |
Bubi Rural District Council
|
2018 & 2019
|
2018 – 2019 Accounts not yet submitted for audit. |
||
6. |
Buhera Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
|
7. |
Bulilima Rural Council
|
District |
2018 & 2019
|
2018 & 2019 Accounts not yet submitted for audit.
|
|
8. |
Chimanimani District Council
|
Rural |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
|
9. |
Chipinge Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
|
10 |
. Guruve Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
|
11 |
. Gutu Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit
|
|
12 |
. Hwange Rural Council
|
District |
2016-2019
|
2018 – 2019 Accounts not yet submitted for audit.
|
|
13 |
. Insiza Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit
|
|
14 |
. Makonde Rural Council
|
District |
2016-2019
|
2018 -2019 Accounts not yet submitted for audit.
|
|
15 |
. Masvingo Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
|
16 |
. Matobo Rural Council
|
District |
2018 & 2019
|
2019 Accounts not yet submitted for audit.
|
5.0 FINDINGS OF THE COMMITTEE
5.1 Gutu Rural District Council
This local authority had a transition of its accounting system from Pastel Partner to Sage Evolution. This transition delayed the production of the 2019 financial statements. It was impossible to produce the 2020 financial statements whilst the 2019 financial statements were still being processed. To that effect, the 2020 financial statements were also delayed.
Gutu Rural District Council indicated that they will submit the 2019 financial statements by 10 September 2021 and the 2020 financial statements by 15 October 2021.
5.2 Beitbridge Rural District Council
The council officials informed the Committee that the upgrading of the council’s Enterprise Resource Planning (ERP) system, that is the Pastel Evolution from Version 8 to Version 11 caused much of the delay. There were teething problems that came with the upgrade of the system and the software vendor took a considerable time to resolve the challenges.
However, he promised that the council will submit the 2019 financial statements by 6 October 2021 and the 2020 financial statements by 31 January 2022.
5.3 Gwanda Municipality
The CEO for Gwanda Municipality explained that the journal ledger was not properly set up as it should have been and this contributed to the failure to quickly reconcile and finalise financial statements. For example, the loans and creditors modules were not functional. They contacted the system vendor, Excess Solutions, and they were not able to solve them timeously and that kept on adding to the delays.
Gwanda Municipality indicated that they will submit the 2018 and 2019 financial statements by 30 October 2021 and the 2020 financial statements by 4 February 2022.
5.4 Bubi Rural District Council
Mr. Mlilo CEO for Bubi Rural District Council explained that the Treasurer resigned and they had to recruit another one who was approved in February 2021. This resulted in the queries taking long to be resolved.
The council bought new accounting software package in 2016 which was used for producing 2017 final accounts. The staff had challenges with the new software and council eventually hired a qualified system administrator in 2018. This contributed to the delays in finalising financial accounts for 2018.
The council promised that the 2018 and 2019 financial statements will be submitted by 24 December 2021 and the 2020 financial statements by March 2022.
5.5 Chimanimani Rural District Council
Mr. Deure, the CEO for Chimanimani Rural District Council indicated that council financial statements were ready for submission but they had no auditing firm to submit the accounts to. Auditors present the audited financial accounts to a council Audit Committee there to a full council meeting where they are signed by the council Chairman and CEO. After that they are submitted to the Auditor General. He explained that council was up to date on submission of accounts up to 2017 when Chimanimani Rural District Council accounts were being done by KLM Chartered Accountants as offered by the Auditor General’s Office. Then the Auditor General appointed Gattstar Accountants to audit the 2018 financial statements.
At the time of receiving evidence, the auditors were yet to show up for the audit. The council did a lot of correspondences with the Auditor General’s Office which then cancelled the contract for Gattstar.
The process of cancelling the contract for Gattstar protracted and the Auditor General only appointed to audit the 2018 accounts in December 2020. Gattstar Chartered Accountants failed to travel to Chimanimani after roads were destroyed by Cyclone Idai.
The council indicated that the 2020 financial statements will be submitted by 30 September 2021.
5.6 Makonde Rural District Council
The officials from Makonde Rural District Council informed the Committee that the predecessor CEO left the council and the Internal Auditor for the council was fired leaving the council operating without these two critical officers for some time. This led to the delay in the finalisation of financial accounts. The council is still on manual system and to that effect, it is time consuming when preparing financial accounts. However, the council will be on Computerised Accounting System by 31 December 2021. The council promised to submit the 2019 financial statements by 10 September 2021.
5.7 Gweru City
The council officials informed the Committee that its accounting software had problems. The council was not producing financial statements online and they had to extract the trial balance from the system and produce the financial statements on Excel. The council then hired an IT expert to help resolve the problem and there is hope that in future the system will be running smoothly.
The council promised to submit the 2019 financial statements by 30 September 2021 and 2010 financial statements by 30 November 2021.
5.8 Matobo Rural District Council
The officials from Matobo Rural District Council informed the Committee that the auditing firm, Gattstar Chartered Accountants was supposed to audit the 2017 and 2018 financial accounts. They audited the 2017 and failed to submit the final accounts. The council then contacted the office of the Auditor General and were advised that Gattstar’s services were cancelled by the Auditor General. This delayed the submission of financial accounts. A new Audit firm was appointed, Creston Zimbabwe Chartered Accountants in 2020. However, the council promised to submit the 2020 financial statements by 30 September 2021.
5.9 Chipinge Rural District Council
The council officials informed the Committee that from the year 2017 going backwards, UDICORP was the auditor for the firm. The systems audit done by the Ministry of Local Government resulted in the council seeking the replacement of UDICORP as auditors. The systems audit said that UDICORP had stayed long (9 years). For the year 2018, PNA Chartered Accountants was appointed to audit the council.
The appointment letter took long to come and by the time PNA wanted to come for the audits, Chipinge was hit by Cyclone Idai. COVID-19 lockdowns also affected the operations of PNA which in turn affected movements.
High staff turnover at the council resulted in the council losing two of its accountants to Manicaland State University. The recruitment process took long. This in turn resulted in more delays in the submission of accounts. The council promised to submit the 2020 financial statements by 22 October 2021.
5.10 Guruve Rural District Council
The Committee was informed that the council’s Assistant Accountant passed on in 2017. The Treasury was fired for fraud in 2018. The replacement process for the two took long. The Accountant was replaced in 2018 and the Treasurer in 2019. In 2019, the council embarked on a process to migrate from manual system to a computerized system, and this, coupled with shortage of personnel, resulted in a huge backlog. The council promised to submit the 2019 financial statements by 30 September 2021 and 2020 financial statements by 17 December 2021.
5.11 Hwange Local Board
The council officials informed the Committee that it had an incompetent Treasurer whom it had to part ways with. In addition, the council has indicated that it has funding challenges. They explained that approximately five million RTGS dollars was needed as audit fees to audit the council in arrears by five years. However, the council is engaging the Auditor General and is working on a road map for addressing the issue and is dedicated to clear its due accounts as soon as possible. The council promised to submit the 2018 and 2019 financial accounts by 30 December 2021. The financial statements for 2020 will be submitted by 28 of February 2022. The 2021 financial statements will be submitted by 29 April 2022.
5.12 Insiza Rural District Council
The Committee was informed that the accounting system which was used by council experienced technical problems. The Pastel Version 14 crushed and the data was recovered later in January 2021. The council committed itself to change the accounting system to Sage Evolution which interacts well with other software such as payroll and housing management. The council workers were trained in the use of Sage Evolution. The council also recruited more workers to speed up data capturing process. The council promised to submit the 2020 financial statements by 30 November 2021 and 2019 financial statements by 31 March 2022.
5.13 Hwange Rural District Council
The council officials informed the Committee that it had to appoint a substantive Treasurer following a lengthy court row with the former Treasurer. The council’s migration from a manual system to a computerized system also led to delays in the production of financial statements.
The council promised to submit the due accounts as follows:
- 2016 financial statements by 14 October 2021
- 2017 financial statements by 12 November 2021
- 2018 financial statements by 31 December 2021
- 2019 financial statements by 7 February 2022
- 2020 financial statements by 31 March 2022
5.14 Buhera Rural District Council
The Committee was informed that in 2018, the council was audited by Gattstar. When they intended to audit 2019 financial accounts, lockdown restrictions were imposed. The auditors were affected because they were not categorised as essential service. After the lockdown, Gattstar was supposed to start auditing in September 2020 but the contract was terminated by the Auditor General. MNK, the new auditors for the council were appointed in December 2020.
The auditors were working from home due to COVID-19 restrictions. Some of the delays were also caused by lack of smooth transfer from Gattstar to MNK which took three months. When the new auditors requested some information from Gattstar, it was not forthcoming, as a result, there were some delays in carrying out their work.
The council indicated that the 2019 financial statements will be submitted by the 9th of September 2021. The 2020 financial statements will be submitted by the 20th of October 2021. The 2021 financial statements will be submitted by the 29th of April 2022.
5.15 Masvingo Rural District Council
Masvingo Rural District Council officials informed the Committee that the COVID-19 pandemic resulted in skeleton staff coming to work, and this led to delays in the preparation of accounts. The council auditors cited lockdowns as a contributory factor in delaying auditing the council’s accounts.
Masvingo Rural District Council indicated that they will submit the 2019 financial statements will be submitted by the 3rd of September 2021 and the 2020 financial accounts will be submitted by 30th of September 2021.
6.0 COMMITTEE’S OBSERVATIONS
The Committee observed that failure to comply with section 35 (6) of the Public Finance Management Act (PFMA) with regards to submitting audited accounts to the Auditor General was caused by the following:
- Failure by some local authorities to back up their accounting data which resulted in delays in case of systems failure.
- Lack of sound accounting packages like PASTEL and SAGE in some local authorities.
- High staff turnover in some local authorities resulted in inadequacy of staff. This was caused by poor uncompetitive remuneration leading to skills flight and brain drain.
- Incompetent Treasurers as in the case of former Hwange Rural District Council Treasurer who was not executing his duties well.
- Delays by Auditor General in appointing auditors in time resulted in some councils having to wait for a period of time before being assigned an auditing firm.
- COVID restrictions hampered progress. The lockdown restrictions of March 2020 made it difficult for entities to fully function.
- Some local authorities are still using manual accounting system which are not as efficient as computerised system.
7.0 RECOMMENDATIONS
The Committee makes the following recommendations:
- The auditing firms and local authorities should embrace the use of technology and must adapt to conduct audits online in line with COVID restrictions by 30 June 2023.
- The Auditor General should conduct due diligence before appointing the accounting and auditing firms to carry out the work on its behalf as some were failing to carry out the assigned audits on time or at all. These appointments must be done by the 8th February of each year as to allow the local authorities to comply with the Public Finance Management Act and the Constitution.
- The local authorities, in consultation with the Ministry of Local Government, must procure current accounting software by 30 June 2023.
- ZACC must carry out systems compliance audits across all local authorities by 31 July 2023.
- Local authorities must train their staff on use of newly acquired accounting packages by 31 April 2023.
- The local authorities should with immediate effect, put in place backup systems for information.
8.0 CONCLUSION
In conclusion, the Committee is very concerned with the local authorities’ trend of late submission of financial accounts to the Auditor General. The Committee trusts that the local authorities shall react with urgency to the findings of this report, especially that they comply with the dates of submission they presented to the company. I thank you.
HON. R. R.NYATHI: Mr. Speaker, I move that the debate do now adjourn.
HON. TEKESE: I second.
Motion put and agreed to.
Debate to resume: Tuesday 28th February, 2023.
On the motion of HON. R. R. NYATHI, seconded by HON. TEKESHE, the House adjourned at Twenty-One Minutes past Five o’clock p.m. until Tuesday, 28th February 2023.
PARLIAMENT OF ZIMBABWE
Wednesday, 15th February, 2023
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. SPEAKER
ESTABLISHMENT OF FRIENDSHIP ASSOCIATIONS BY THE FOREIGN AFFAIRS AND INTERNATIONAL TRADE COMMITTEE
THE HON. SPEAKER: The Portfolio Committee on Foreign Affairs and International Trade has established friendship associations with India, Indonesia and Egypt for the purposes of financing the country’s engagement and re-engagement – [HON. DR. LABODE: Inaudible interjection.] – Hon. Dr. Labode, can you hold yourself. – [HON. DR. LABODE: I am sorry Hon. Speaker.] - re-engagement agenda premised on the idea that global integration is a sine qua non on global development with potential to all address trans-generation and trans-territorial challenges. Each association will have a minimum of 15 members of Parliament whose membership will be voluntary and is open to all Members of Parliament to join on a first come first served basis.
APOLOGIES RECEIVED FRIN MINISTERS
THE HON. SPEAKER: I have received apologies from the Executive: The Hon. Deputy Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement Hon. V. P Haritatos and Hon. Marapira, Deputy Minister for Lands, Agriculture, Fisheries, Water and Rural Resettlement.
(v)HON. T. ZHOU: On a point of clarification.
THE HON. SPEAKER: What is the point of clarification?
(v)HON. T. ZHOU: Is Hon. Marapira Deputy Minister of Agriculture or he is Minister of another portfolio?
THE HON. SPEAKER: Please repeat your question?
(v)HON. T. ZHOU: Hon. Minister Marapira, is he a substantive Minister or...
THE HON. SPEAKER: Who is speaking?
(v)HON. T. ZHOU: It is Hon. T. Zhou.
THE HON. SPEAKER: Can you please check in the Hansard. I am advised by the Hon. Chief Whip that he is a Minister of State, but Hon. Prof. Murwira can assist. Hon. T. Zhou, he used to be a Minister of State in Hon. Vice President’s Office; he is now Deputy Minister in the Ministry of Lands.
(v)HON. T. ZHOU: I am holding an appointment letter he was appointed as an Hon. Minister...
THE HON. SPEAKER: Are you Hon. Marapira.
(v)HON. T. ZHOU: I am not Hon. Marapira
THE HON. SPEAKER: We will check in the Hansard but what I got from a member of Cabinet is that he is Deputy Minister.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
THE HON. SPEAKER: I have a list I have been given. I have Hon. J. Sithole from ZANU PF.
HON. JOSIAH SITHOLE: Thank you Hon. Speaker Sir. My question is directed to the Hon. Minister of Public Service, Labour and Social Welfare. May the Hon. Minister inform this House as to when we are going to see selection of BEAM beneficiaries in our schools? Our children are staying at home now as most schools would like to see proof of payment. I thank you.
THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Speaker Sir, the BEAM programme has 1 800 000 learners registered on it. These schools already know of the identity of the learners. Schools are not supposed to turn these learners away because monies have not been remitted to the schools. That is the policy of Government. As we push for those funds to be transferred to the schools, the learners should continue to learn. BEAM was up to date up to the third term of 2022, and we are in the first term of 2023. There is no reason whatsoever for schools to turn away the BEAM registered learners. The leadership here should help to make sure that, that message goes out to all the schools so that they do not turn away learners because that money is coming to the schools. I thank you Hon. Speaker.
HON. CHIKWINYA: Thank you Hon. Speaker and I also want to thank the Hon. Minister for the response. I think the gist of the question does not lie on the students being expelled but it is about the administration of the school that is being hampered because of non-release of the funding from the Ministry to the schools. The schools are suffering in terms of administrative work because they do not have the money. Learners may continue to go to school but then the administrative work...
THE HON. SPEAKER: What is your supplementary question?
HON. CHIKWINYA: What is it that is hampering the release of the money, yet the budget has already approved of the same and we are collecting taxes?
HON. PROF. MAVIMA: Thank you Hon. Speaker, let me thank Hon. Chikwinya for that important supplementary question. That is why I indicated that as of the third term of 2022, we were paid up as far as BEAM payments are concerned. As usual, beginning of the year processes that have to be done with our budget and releases of money do not come at the time as we want. We are pushing for those releases to be done so that schools will not have problems with regard to whatever supplies they need for them to operate efficiently. We are pushing for those funds to go to the schools and as soon as that money is made available, it will go to the schools. I am happy that we managed to cover as much of the previous arrears as possible. It is only this term that we have to deal with. We are pushing for that money to go to the schools.
HON. GONESE: Thank you Mr. Speaker Sir. My supplementary question to the Hon. Minister is whether he is aware that these delays in payments are not just confined to the beginning of the year when the budget is yet to be released but that there are perennial problems which have been recurring time and time again. If the Minister is aware, is he also aware that the students concerned - apart from the adverse effect on the administration by the schools, but the students concerned are subjected to humiliation which sometimes affects the academic performance in terms of perhaps being excluded from the school? Even if there is intervention at a later stage but this embarrassment, this inconvenience actually affects them. If the Hon. Minister is aware of that, what steps has the Ministry taken to try to address these problems so that little prejudice is suffered by the students concerned?
HON. PROF. MAVIMA: I am aware of the fact that previously it has taken long for the BEAM resources to be released to schools. Like I indicated, at the end of last year, we managed to clear the arrears with regard to the previous obligations that we had as far as BEAM is concerned. As to the humiliation that the Hon. Member is referring to, indeed, it is not even supposed to happen because our Heads are in full knowledge of the policy of Government not to turn away learners, not even just the BEAM learners but any learners for that purpose. It is a policy of Government that payment arrangements have to be made with parents for learners not to be turned away so that they are not humiliated in the manner that he has referred to.
Mr. Speaker Sir, for BEAM, it is a crime knowing that Government is going to pay for a Head or a school authority to turn away learners. If that happens, we need to know so that the relevant Ministry can deal with those Heads. There is training that we give to heads on BEAM so that they understand clearly what is supposed to happen. Once they have enrolled learners on BEAM, those learners are not supposed to be turned away from school. The issue of humiliation is not an issue that we should deal with, especially among our Heads who are supposed to have full knowledge of how BEAM operates. I thank you.
Hon. Members having stood up to ask supplementary questions
THE HON. SPEAKER: Hon. Members, I will not allow further supplementary questions. We have dealt with this matter before. I have once indicated that three years ago, Justice M. Cheda when he was High Court Judge, ruled that no scholars should be chased away from school. What needs to be done is some conversation between the Minister of Public Service, Labour and Social Welfare and the Ministers of Education that will find some common ground on how to enforce that judgement. So I am not allowing any further supplementary questions.
HON. P. D. SIBANDA: I seek your indulgence Hon. Speaker.
THE HON. SPEAKER: No, no!
HON. P. D. SIBANDA: This is a very important question.
HON. MUDARIKWA: Mr. Speaker Sir, I am just buttressing your ruling.
THE HON. SPEAKER: Order, order. I have not cried for mercy and I do not need any embellishment to my ruling.
*HON. S. TSHUMA: My question is directed to the Minister of Primary and Secondary Education. From the results of Grade 7, O’ level and A’ level that were published, it is observed that the pass rate is way low when compared to their urban counterparts. What measures are you taking to remedy this situation in line with His Excellency the President’s policy of leaving no one and no place behind? Thank you.
THE HON. SPEAKER: Hon. Member, are you speaking about the pass rate?
HON. S. TSHUMA: Yes.
THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. DR. E. NDLOVU): Hon. Speaker Sir, I would like to thank the Hon. Member for the question that he has given to the House on equal opportunities of children in the rural areas and those in towns as it relates to the availability of teachers and also availability of learning for teaching materials. It is true that we have schools in our rural areas that do not have enough teachers. As a result, we appealed to the Ministry of Public Service, Labour and Social Welfare, through the Public Service Commission, to have more teachers recruited this year.
Last year we requested for 50 000 teachers to be recruited into the service and we were supposed to be given at least 10 000 teachers because of budgetary constraints. This year in our budget, we have been allocated 7 000 teachers that are going to be recruited apart from those that we are replacing for instance, those who retired, what we call attrition. So we are working closely with the Public Service Commission to first recruit 2 500 to replace those teachers that were retired, those that have passed away or those that have resigned. The current position is that we are again working on the recruitment of the 7 000 teachers. So our teams are working on that to make sure that we get Treasury concurrence for the recruitment of the 7 000. Otherwise the 2 500 we are recruiting because they are already in the budget but the 7 000, we need to clear with Treasury so that at least we pay them.
As it relates to teaching materials, we are struggling to get enough text books for all our pupils in both rural and urban areas but Government will continue to strive to get those materials produced to make sure that our children are fully equipped.
Mr. Speaker Sir, I think that is the answer to the Hon. Member’s question. We are also concerned as a Ministry with the non-availability of reading materials. We would really wish children to have text books so that they can also read whilst they are at home. We have gone a step further and we are working with one of the development partners on what we call the working passport. It is a programme that we are using to make sure that some of the materials are uploaded into the gadgets so that teachers can teach our children in the rural areas. So the learning passport might cover some of the areas but it needs computers. We need our teachers to have gadgets to make sure that they can use the learning passport to teach our children. I thank you.
HON. MADZIMURE: On a point of clarification Mr. Speaker Sir. Through you Mr. Speaker, considering how long the Minister’s response was, would it not be better for the Minister to bring a ministerial statement where we will interrogate the statement so that a way forward is put in place?
HON. DR. E. NDLOVU: Thank you Mr. Speaker Sir. I think the Hon. Member is saying I have said nothing. I really cannot stand that because I am saying facts. – [HON. MEMBERS: Inaudible interjections]-
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon. Minister, can you please approach the Chair?
The Hon. Minister having approached the Chair
HON. DR. E. NDLOVU: I retract my statement and I apologise.
*HON. S. TSHUMA: Thank you Mr. Speaker Sir. I would like to thank the Minister for her response but the response she gave was not adequate. We would like her to further explain on how they are going to distribute text books and other learning material in schools in the rural areas. Rural schools are usually disadvantaged compared to schools in urban areas because they do not have access to the internet for research purposes especially with this new curriculum that the Government introduced.
THE TEMPORARY SPEAKER: Order Minister. It would appear to me that Hon. Madzimure has actually asked the Hon. Minister to come up with a Ministerial Statement pertaining to that question. So unless the Hon. Minister would like to respond now to the point of clarification but the request has been made for her to bring a Ministerial Statement.
HON. P. D. SIBANDA: On a point of order Mr. Speaker Sir. My point of Order Hon. Speaker deals with an issue of whether the Hon. Minister has to submit a Ministerial Statement or has to answer the questions. It is my submission that the Hon. Minister has got another outstanding Ministerial Statement with regards to free education. She has not come before the House to present that Ministerial Statement. So to burden her with another Ministerial Statement, Hon. Speaker, would be an injustice. So I am of the view that the Hon. Minister should continue to answer the questions that we have with regards to the declining pass rate in the country. I thank you.
HON. DR. E. NDLOVU: I would like to thank the Hon. Member for the question that he has asked which is also of concern to the Ministry concerning the distribution of text books and ICT gadgets into rural areas. We will make sure that we prioritise the rural pupils as it regards to the educational teaching materials that we receive as a Ministry.
I am glad to inform this House that we are working closely with the Ministry of Information Communication Technology, Postal and Courier Services to make sure that we take gadgets to the rural areas. We are also working closely with the Ministry of Information Communication Technology, Postal and Courier Services to make sure that wherever we have got electricity or we have solar power, we take the computers to the teachers and to the pupils. We have been doing that for quite some time and this particular weekend, we are taking them to Matabeleland South. The whole of last week, we were also in Matabeleland South. We have been to all provinces to try and work out a plan so that wherever text books are not available, the teachers could go on to the internet and try and raise some materials for teaching our pupils.
Mr. Speaker Sir, what we really need is more allocation of funding to the Ministry so that we can catch up with the numbers of children that are going into our schools. The target is moving. It is not a permanent target. We have a moving target that we are working towards to make sure that every child has got a text book. I thank you.
HON. HWEDE: On a point of order Mr. Speaker Sir.
THE TEMPORARY SPEAKER: What is your point of order?
*HON. HWENDE: Mr. Speaker Sir, I think it is important for Ministers to take issues in this august House seriously. Last week, the Minister of Primary and Secondary Education was in the House and failed to respond to questions relating to when free education will commence. Today again she has failed to respond to a very simple question concerning what the Ministry is doing to increase the pass rate that is declining every year and issues on learning materials. Do such issues need a Ministerial Statement? Now she is saying that the Ministry of Primary and Secondary Education and the Ministry of Information Communication Technology, Postal and Courier Services will be going out to rural schools to hand over ICT equipment. I am in the ICT Committee but there is no budget for the Ministry of Information Communication Technology, Postal and Courier Services to hand out ICT gadgets in rural schools. We cannot sit in this House and let the Minister lie to us. We want Ministers to take their work seriously.
*THE TEMPORARY SPEAKER: We have Hon. Madzimure who has asked for a Ministerial Statement from the Minister. So if you are saying the Minister is not giving you a satisfactory response, it means that you already have a response that you are expecting from the Minister. The Minister cannot give a response that you already have in your mind but she responds according to what is taking place within her Ministry. So the Minister will come and present a Ministerial Statement as requested by Hon. Madzimure.
Hon. Hwende, I am therefore requesting that you withdraw your statement where you said the Minister is not telling the truth –[HON. MEMBERS: Inaudible interjections.]- Order Hon. Members! Order in the House please!
*HON. HWENDE: Hon. Speaker, the Ministry of Information Communication Technology, Postal and Courier Services does not have the gadgets to hand out in rural schools as was indicated by the Minister. I then went on to say that the Minister is not being truthful because the Ministry of Information Communication Technology, Postal and Courier Services does not have the budgets. Children are failing in schools. We therefore cannot be given a solution that we know is none existent. What we want are practical solutions so that children continue with their education and pass. Maybe if the Minister says that the Ministry managed to acquire funds from somewhere yesterday because yesterday we had a Committee meeting where we called the Permanent Secretary to give oral evidence. Do they have ICT gadgets?
*HON. DR. E. NDLOVU: Yes, we have them.
*HON. HWENDE: Mr. Speaker, as you have requested that I withdraw my statement, we shall wait to see if they supply the gadgets to rural schools even though it is not stated in the Ministry of Information Communication Technology, Postal and Courier Services’ budget, I withdraw my statement Mr. Speaker Sir.
HON. P. D. SIBANDA: Hon. Speaker, I will preface my supplementary question by indicating that the Hon. Minister could be clueless on the extent of the problem that we are talking about.
In Binga District alone, 18 high schools came out with 0% pass rate in last year’s examinations. What is the Ministry doing to ensure that we reverse these kinds of pass rates that we are witnessing in the country? Hon. Minister should give us a practical…
HON. TOGAREPI: On a point of order. Mr. Speaker, my point has nothing to do with the facts that he is raising but the issue of using words like ‘clueless’ to a Minister, I think it is not correct. I think we need to respect our Minister if we expect answers from them – [HON. DR. MAVETERA: They are not respecting women these men.] - [HON. MEMBERS: ahhhh!]
HON. P. D. SIBANDA: Hon. Speaker, the Hon. Chief Whip should be forgiven for thinking that the word ‘clueless’ is unparliamentary. In fact, the word ‘clueless’ is very parliamentary because it means that the Minister does not understand the situation as it is. There is nothing unparliamentary about that term. I think he needs to consult his dictionary before he raises a point of order. There is nothing unparliamentary about that term.
The Hon. Minister appears not to understand the situation that is on the ground. The situation is pathetic. In fact, in properly governed countries, one would not stand up and call themselves a Minister of Primary and Secondary Education with the level of pass rate that we are getting…
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon. Sibanda, what you have just said is so much unparliamentary. Can you withdraw?
HON. P. D. SIBANDA: Which one, which part Hon. Speaker? I have said a lot of things.
THE TEMPORARY SPEAKER: What do you imply by ‘in a properly governed country?’
Hon. P. D. Sibanda having approached the Chair
HON. P. D. SIBANDA: Hon. Speaker, allow me to withdraw the statement that this is not a properly governed country. Possibly let me call it, in other jurisdictions, the Hon. Minister would not have the courage to stand up and call herself a Minister of Primary and Secondary Education, with the kind of pass rate that we have. Let her tell us what are the pragmatic measures that her Ministry is taking to ensure that we reverse these down trends of pass rate that we are experiencing in the country?
THE TEMPORARY SPEAKER: Thank you Hon. Sibanda. It is like Hon. Madzimure had actually requested earlier on that the Minister should bring a Ministerial Statement. So I say that at the moment there is nothing the Minister is going to answer to. She is supposed to bring a Ministerial Statement.
HON. MUDARIKWA: Thank you Hon. Speaker – [HON. MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Order Hon. Members. You want me to ask you for absolute silence. All along I have been actually asking you to reduce your noises but it would appear you are not listening. Now, what I want is absolute silence in the House. Those who would want to talk, please could you just move out and do your business of talking outside. I want order.
HON. MUDARIKWA: Thank you Mr. Speaker Sir. My question is directed to the Hon. Minister of Primary and Secondary Education. What is the Ministry’s policy as far as conditional selling of uniforms to students is concerned? If I get a place at a secondary school; secondary schools have moved away from their core business of teaching. They are now institutions selling uniforms at very exorbitant prices. What is the way forward? Are we going to have a Statutory Instrument banning all schools from selling uniforms in school premises? Thank you.
HON. DR. E. NDLOVU: I would like to thank – [HON. MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Hon. Members, I said order! No more noise. Go ahead Hon. Minister.
HON. DR. E. NDLOVU: I would like to thank Hon. Mudarikwa for the question with regard to Government policy as it relates to production and selling of uniforms. Let me start by saying that as Government, we actually came up with a policy that each school should be a production centre. It is time that we facilitate children to learn both academically and using their hands so that when they complete their education, some might not qualify academically they can still do well in life using the skills they would have learnt in school. So there is a policy that dictates that we should make sure that each school is a production centre.
The Minister having been in confrontation with Hon. Members
THE TEMPORARY SPEAKER: Hon. Minister, address the Chair, do not worry about them.
HON. DR. E. NDLOVU: The policy is there that we should make sure that each school is a production centre. Those schools that are doing Domestic Science, we used to call it Domestic Science long back, where children are taught garment making. We encourage schools to continue to produce even their own uniforms. If they have done enough of their own uniforms they can even produce for other schools, but we…
HON. P. D. SIBANDA: On a point of order Hon. Speaker Sir. Our Standing Orders do not allow anyone to speak and mix languages. May the Hon. Minister stick to one language.
* HON. DR. E. NDLOVU: Mr. Speaker Sir, as I said, we have a policy but we can engage those who are charging exorbitant prices.
*HON. CHINOTIMBA: Mr. Speaker Sir, the question that was posed was not talking about Fashion and Fabrics in schools. The question is, we have schools that are buying uniforms at OK Bazaars, Enbee or sourcing their own self made uniforms. They are buying these uniforms and resale them in schools. Some have a policy that says everyone should buy uniforms at the school. The school fees are exorbitant, school uniforms are expensive and parents are no longer affording to send children to school. What do we do about such schools? I am not talking about Fashion and Fabrics as a subject. What do we do about such an issue that schools are now selling uniforms at exorbitant prices? Thank you.
THE TEMPORARY SPEAKER: Order, order, please. Please take a seat Hon. Minister so that I clarify this point. What Hon. Members are saying is that there are some parents that buy school uniforms from shops and take these uniforms to the school where the school is selling its own uniforms. They are asked to take back their uniforms because they should buy uniforms from the school. When comparing the prices, school prices for uniforms are expensive compared to retail shops elsewhere. That is the question. Thank you.
*HON. DR. E. NDLOVU: Thank you very much for the clarification. We are pleading with Hon. Members of Parliament that are here that if there are such schools, please give us the list of the schools. We are seeking your assistance so that we have these lists. We will send our representatives so that they can go and talk to the headmasters. We are going to look into that issue but we cannot attend to the issue when we do not have names. Let us have a list of the schools. Let us assist one another. I thank you.
HON. CHIKWINYA: Thank you Hon. Speaker. Today is a Wednesday and we are currently in a session of Questions without Notice. These questions seek to attract policy responses from the Minister. Despite being given examples of schools that are doing this act which we are talking about, can she speak to the policy? Is the policy allowed? If the policy is not allowed, what legislative measures can she put in place, including and not limited to a statutory instrument banning the same?
HON. DR. E. NDLOVU: Thank you Mr. Speaker Sir. I understand the question now that it is a policy issue. The policy that I spoke about first was policy on trying to make sure that schools become production centres. However, if schools are now overcharging our people, then we have to come up with a statutory instrument or a policy to control what is happening because it would seem that they are making money out of our people. So, we will come up with a statutory instrument or policy document that will control that.
THE TEMPORARY SPEAKER: Hon. Minister, just to guide you. Since there is this request that you are supposed to bring a Ministerial Statement, maybe you are supposed to include that issue in your Ministerial Statement. Thank you very much.
HON. S. TSHUMA: Thank you Hon. Speaker. I recall Mr. Speaker Sir, that you gave a ruling on the type of dress that is befitting the dignity of this House. We observed some type of banned dress still being worn in this august House. May you revisit that issue? I thank you - [HON. MEMBERS: Inaudible interjections.]-
THE HON. SPEAKER: Who are these people?
*HON. S. TSHUMA: We have Hwende, Chikwiya and Hon. Chamisa. They are not putting on the correct ties; if possible, they must go out and change their ties.
THE TEMPORARY SPEAKER: Hon. Hwende, order – [HON. MEMBERS: Inaudible interjections.] – Hon. Hwende, approach the Chair please.
*HON. HWENDE: Hon. Speaker with due respect, if you find fault at those who are asking what you do not approve of, it is not good. This tie is not yellow. It is black and yellow. Is it the problem that we are asking questions that will help the nation? I am now going out to change but I will come back.
HON. P. D. SIBANDA: Hon. Speaker, Hon Sen. Mutsvangwa is putting on yellow, can she also go out. Honestly that is yellow and she has to go out – [HON. MEMBERS: Inaudible interjections.] -
+HON. MKANDLA: My question is directed to the Minister of Health and Child Care, what is the Government’s position on the Government ambulances? When they carry patients from rural areas to district hospitals after being referred, patients are asked to fuel the ambulances or pay a certain amount?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you very much. There is no policy of Government that speaks to people, individual citizens putting fuel into a Government ambulance. Certain cases are cases of irregularity that should be reported as such and they will be dealt with in the context of corruption.
HON. MOLOKELA: Thank you Mr. Speaker Sir. The follow up question is about the measures that are supposed to be put in place to stop this practice because the Hon. Member said it is actually happening. What are the measures that are being put in place to stop this corruption?
Hon. Simbanegavi having walked into the House wearing a yellow African attire – [HON. MEMBERS: Yellow, yellow, yellow.] –
THE TEMPORARY SPEAKER: Order Hon. Members, order Hon. D. P. Sibanda and Hon. Chibaya. Yellow yekuside uku is not representing her party haina basa. If you continue making noise, I will send you out – [HON. MEMBERS: Inaudible interjections.] – I have made a ruling and there is no one to contest my ruling. Yellow for the Hon. Member is not representing the party, yours represents the party.
HON. PROF. MURWIRA: Thank you Hon. Speaker Sir. As I said, we do not have a policy that says citizens should put fuel into an ambulance. It will be an act of corruption and should be treated in that context. It is important that when we want to curb corruption, it is the duty of every person in Zimbabwe to fight that. Once we know that as an incident, then the policy will kick in, in terms of investigating corruption within that context. I thank you.
HON. MARKHAM: Thank you Mr. Speaker. My question is, how does the Minister expect me to report corruption if I call an ambulance when someone is dying and they want US$30 for fuel? If I report corruption afterwards, do you think health personnel will come to my house again?
HON. PROF. MURWIRA: Thank you Hon. Speaker. The issue was dealt with within the context of people being forced to pay, so we are answering this question within that context. It is important to know that we are working very hard to have our people have access to good health and that includes logistics, which are ambulances. In the case where there is a reported case where people are being forced to pay, it is corruption, if I go and volunteer to give fuel to a hospital, that is a different case altogether. The most important thing is to look at the intention that is being pursued at any point so that we do not pursue a zero sum equation of saying yes, the other one says no, one says yes and the other one says no. It becomes a moribund argument. I thank you.
HON. P. D. SIBANDA: Hon. Speaker, the issue that is facing the nation is that Government is not resourcing public hospitals. If my relative falls sick and they need to be transferred to another hospital, when the hospital has no fuel for the ambulance, it is the situation that forces me as a citizen to give fuel to the hospital so that my relative is attended to. Possibly the proper question to the Hon. Minister is; what is Government doing to ensure that hospitals are fully resourced to give adequate health services to the citizens? Thank you Hon. Speaker.
HON. PROF. MURWIRA: Hon. Speaker, I want to thank Hon. Sibanda for that comment and also to say that it is Government’s responsibility to resource hospitals. We take that it is our responsibility to resource hospitals but the question that was asked is about forcing people to pay for fuel and I said that one is an act of irregularity or corruption and it is treated within that context. Where people of Zimbabwe wish to donate to a hospital, that is within the donation policy, and that fuel can be accepted. I think we might be talking about two different issues here; people being forced to say if you do not pay for the fuel, the ambulance will not work - this is the question that we are dealing with.
Mr. Speaker Sir, the wider issue is Government is working on making sure that our hospitals are resourced in terms of logistics, medicines and personnel. We are not saying the situation is perfect but who says life is perfect. We are striving towards that perfection and this is what we are doing. I thank you.
HON. BRIG. GEN. (RTD.) MAYIHLOME: Thank you Mr. Speaker – [HON. MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Can you go ahead Hon. Mayihlome.
HON. BRIG. GEN. (RTD.) MAYIHLOME: My question is directed to the Minister of Higher and Tertiary Education, Innovation, Science and Technology. Recruitment to tertiary institutions is generally being published through online recruitment systems. This is excluding potential applicants from those areas where there is no internet connectivity. What is the Ministry doing to ensure inclusivity and ensure that we all subscribe to the President’s mantra of ‘no place and no person shall be left behind?’ Applicants from areas where there is no connectivity are being left out. Furthermore, the quota system which we have asked for, when is it going to be implemented? I thank you.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY (HON. PROF. MURWIRA): Thank you Hon. Speaker, I wish to thank Hon. Mayihlome for such a very important question on recruitment of our higher and tertiary education students. This is very important Hon. Speaker. We believe that it is important as a policy that we are inclusive in our recruitment. This is why it is hybrid, it is online but it can also be done physically when students apply for places at universities. We do not have a policy which says it should only be online. However, even for those ones who apply physically, we would have to put them into computer systems. Hon. Speaker Sir, it will be very important sometimes to know in general who is being excluded so that we can adjust our systems but our systems are not geared towards exclusion but inclusion. On the next one where we are talking about a quota system - we are having more than ten universities in this country and our recruitment is based on merit as per the Constitution. I might want to seek clarity on what the Hon. Member means by quota system but my general answer is, we want everybody who has a good brain to provide those brains to the country and we do that through affording them a chance to have an education.
It is very important for our people to have an education because that is the only way we can safeguard our future. It is not only for them to do it but it is for us that they are doing it because we wish to get as much as we can from them. So it has to be understood in that context. It is not a favour to bring people to the university but it is actually a favour to the whole country and not a favour to that individual. This is the way we coin our policy for higher education. I thank you.
HON. BRIG. GEN. (RTD.) MAYIHLOME: Thank you Hon. Speaker Sir. With regards to the Minister’s request that I clarify the second aspect on the quota system, we have seen affirmative action being applied to women and youth and this is why we are now going to have a quota system in this House. We have seen affirmative action being applied by certain departments of Government like the military. They make sure that every district is represented but with the trend that there is in this country, in the next ten years, we shall have teachers and nurses only coming from one region and that is a serious mistake that we are making as a country.
Every district should have a quota and apply affirmative action to ensure that people are also uplifted. We have just been discussing with the Ministry of Primary and Secondary Education where it has been noted that results from those schools are zero pass rate. It is not applicable to Binga but it is applicable to many schools in Matabeleland. I come from a district where more than 50% of the schools recorded zero pass rates at secondary schools. Some of them have been recording zero for the past 20 years. If that trend continues, we shall never have a teacher coming from those regions. We shall not have a nurse, doctor or engineer and so we are requesting for quota systems so that every district is covered. I rest my case. Thank you.
HON. PROF. MURWIRA: Thank you Hon. Speaker. I wish to thank Hon. Mayihlome for his explanation on what he means by quota system. I would want to clarify our policy of expanding access to higher and tertiary education. I would also want to touch on the regions that he has talked about. We know there are gaps of higher and tertiary education institutions in Mashonaland Central, Manicaland, Matabeleland South, Mashonaland West and Matabeleland North. We have made sure that, for example, I will start from what we have done in the Second Republic.
For the first time, we have a Teacher’s College in Hwange which we call Hwange Teacher’s College and it has recruited a lot of teachers, most of whom are coming from Matabeleland North. We have for the first time started a technical college in Binga and we have recruited students there. We have started a technical college in Plumtree and we have recruited students there. We are expanding Gwanda State University and we are recruiting students there. We are expanding Joshua Mqabuko Nkomo Polytechnic in a very big way and we are recruiting students there. We are building a Polytechnic in Chivi and we are recruiting students there. We are starting a polytechnic in Beitbridge and we are recruiting students there. We are starting polytechnics in Chipinge and we are recruiting students there. It is all about being serious on how we are treating this country. We are very serious in taking into consideration the brains of our people and utilising every brain that is in every corner of this country. It is a very important national interest question that we will do that.
On a question of policy, I also want to say that we have done what is called the Zimbabwe National Qualifications Frameworks. What does this framework say? It says you can reach Grade 10, which is PHD or Dr. of Technology from any angle. You could be coming from a vocational training and then you upgrade to a polytechnic and then you go to the university. We are also having an approach which is called the integrated skills outreach and expansion programme where we are going to communities and having them access to higher education. Therefore, the issue of quotas and inclusivity has been dealt with very thoroughly by Dr. E. D. Mnangagwa’s Government and we are moving. I want to implore all our parliamentarians to move with us. I thank you.
HON. CHIKWINYA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Justice, Legal and Parliamentary Affairs. The Zimbabwe Electoral Committee (ZEC) is, in terms of Section 239 (f) empowered to delimitate or conduct delimitation as well as set out in terms of Section 161, the entire part of it on how to conduct delimitation. Part of the process is that a final report is supposed to be submitted to the Head of State before gazetting.
On the 3rd of February 2023, ZEC was seen submitting a report to the Head of State and we are accepting that by the 17th February 2023, gazetting should be done. However, we have seen contradictory statements coming from the Government spokesperson. Can the Minister of Justice, Legal and Parliamentary Affairs confirm at which stage we are in terms of gazetting the delimitation report? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. Speaker Sir. Mr. Speaker, my understanding is that this question was asked and the Hon. Member wants me to contradict what was resolved by the Speaker, I will not do that. I thank you – [HON. MEMBERS: Inaudible interjections.]-
HON. CHIKWINYA: On a point of order Hon. Speaker. The Speaker gave an opinion. The Speaker has got no legal mandate to speak on behalf of the Minister of Justice, Legal and Parliamentary affairs with regards to ZEC issues. So the Speaker gave an opinion and we respect that. We want the position from the Minister of Justice, Legal and Parliamentary Affairs as the legal representative of ZEC in Parliament. If he is in agreement with the Speaker, he simply says so. If he is not in agreement, he states the position as according to ZEC. The Speaker gave an opinion and we have got no question time with the Speaker. We do not ask questions to the Speaker. The Speaker gives an opinion.
THE TEMPORARY SPEAKER: Hon. Chikwinya, may I remind you that the Speaker of Parliament, once he makes a statement, once he makes a ruling on whatever question that would have arisen in the House, that statement is binding. So really for the Minister of Justice, Legal and Parliamentary Affairs to again answer on the question that was responded to by the Speaker, it would be like he is now – [HON. MEMBERS: Inaudible interjections.]-
HON. CHIKWINYA: Hon. Speaker I am in agreement with you but the Speaker was not asked a question and it was not a ruling. The Speaker was simply directing Hon. P. D. Sibanda to follow the Constitution. It was an advice by the Hon. Speaker and the Hon. Speaker had no Standing Order that requires him to answer questions here. We do not ask questions to the Speaker of Parliament. Now we are asking the Minister who speaks on behalf of ZEC – [HON. MEMBERS: Inaudible interjections.]-
HON. ZIYAMBI: Thank you Mr. Speaker Sir. Mr. Speaker, I stand by what I said and I request you to defer it to the Speaker so that he can make a ruling – [HON. MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: May we have order in the House.
HON. P. D. SIBANDA: On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: What is your point of order?
HON. P. D. SIBANDA: Hon. Speaker, our Standing Orders and our Constitution do not contemplate a situation where a Cabinet Minister refuses to answer a question. I submit that any attempt by the Hon. Minister to – [HON. ZIYAMBI: Inaudible interjection.]- What court have you ever appeared in, you seniour lawyer?
THE HON. DEPUTY SPEAKER: Ask your question.
HON. P. D. SIBANDA: No, I am not asking a question. I am simply saying the Hon. Minister is not allowed in terms of the law to refuse to answer a question and therefore what the Hon. Minister did is contrary to the provisions of both the Constitution and the Standing Orders. The Hon. Minister should be forced to answer the question. Thank you Hon. Speaker.
THE HON. DEPUTY SPEAKER: Thank you Hon. P. D. Sibanda. I am being advised that the Speaker who was in the Chair before has already ruled on that matter. So we are going forward.
HON. MARKHAM: For clarity, what was his ruling Madam Speaker?
THE HON. DEPUTY SPEAKER: Please may you take your seat.
HON. MADZIMURE: Madam Speaker, on a point of order.
THE HON. DEPUTY SPEAKER: Please may you take your seat.
HON. MADZIMURE: No, Madam Speaker you have not heard me.
THE HON. DEPUTY SPEAKER: Take your seat.
HON. MADZIMURE: Madam Speaker you are there to preside over what happens here.
THE HON. DEPUTY SPEAKER: Take your seat.
HON. MPARIWA: Thank you Madam Speaker. My question is directed to the Minister of Public Service, Labour and Social Welfare. Can the Minister highlight to this House on what progress the Ministry has made towards the ratification of ILO Convention 190 on Sexual Harassment? Why I ask this question Hon. Speaker, is that we have seen in the past the rampant increase in sexual harassment at work places, border places, everywhere else in the country. Vana vanzwa nekubatwa mazamu mudzimba umu. Thank you.
THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Madam Speaker. Let me thank Hon. Mpariwa for that very important question – [HON. MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: May we have order please. Order Hon. Chibaya.
HON. PROF. MAVIMA: Just to inform the House that the Ministry is seized with the issue of ratification of Convention 190. I have already taken it to Cabinet and Cabinet has approved that we move forward with the ratification.
The Hon. Member would also be happy to know that we have also developed a policy based on the provisions within the Convention 190 to cover the entire public sector where we now have a policy against sexual harassment in the public sector. We have also incorporated the essential provisions of Convention 190 into the Labour Amendment Bill that is already going through the legislative process. This ratification is also an issue that we are working on and working on very seriously. I thank you.
HON. TOGAREPI: Madam Speaker, my question is directed to the Minister of Public Service, Labour and Social Welfare. Madam Speaker, I have an experience where I have schools that have come to me to say, for the past twelve months they have shortage of teachers, especially secondary school teachers. I have a particular school that has a shortage of four teachers, in English, Computer Science, Mathematics and Science. This school has been going to the Ministry of Public Service to get teachers but they are not getting them. What is Government policy in ensuring that all schools are adequately provided enough teachers to teach in those schools?
THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Madam Speaker Ma’am. I would like to thank Hon. Togarepi for that very important question. I know that there are other Hon. Members who have indicated the same problem in their various constituencies, for example Hon. Mudarikwa. Government has instituted a recruitment programme for teachers as resources become available. Last year we recruited- this year we are currently on a recruitment programme. I understand the Public Service Commission is working together with the Ministry of Primary and Secondary Education to recruit about 7 000 teachers right now.
However, there is another important thing that is happening as far as recruitment of teachers is concerned; the special dispensation that has been given to areas, especially remote districts where we have had problems with the national centralised recruitment that has been taking place. We have now said these districts should find trained teachers within the district so that we do not have the problem of teachers going there for just two months or three and then they seek transfer. If they recruit locally then teachers would stay.
So, there is this general recruitment that is taking place where we are now targeting 7 000 teachers but there is also the special dispensation that has been given to places such as Mbire, Gokwe South, Gokwe North and Binga to recruit locally so that teachers can be available in our schools. I thank you.
+HON. E. NYATHI: Thank you Madam Speaker Ma’am. My question is directed to the Minister of Agriculture. After Government allocates one a farm, how long does it take for them to get offer letters, especially those in rural areas? I thank you.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you Hon. Speaker Ma’am. The Hon. Member is talking about what time it takes for Government to give the farmers offer letters when they are already on the land. I want to think but with due respect, I cannot put a question in her own head. I would like to think she is referring to 99 year leases. If it is about offer letters, the policy is to give a person an offer letter before they go into the land.
When it comes to 99 year leases, it is based on the productivity record and also surveying of the land. You would know that in the Press, I think it was in The Sunday Mail or Sunday News, there was an advertisement by the Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement, asking farmers to bring their returns so that they can be assessed in view of being given 99 year leases. So it is about whether the land has been surveyed and productivity record, and then they can qualify. In terms of the time, it really depends on the farmer, on how productive they are and whether the land has been surveyed but in non-mathematical terms, I would say as soon as possible.
HON. BRIG. GEN. (RTD.) MAYIHLOME: Hon. Minister, does it mean then that those that have been allocated land can occupy those pieces of land without offer letters and start producing while they are waiting for offer letters because they cannot have productivity returns before they start any production, before beneficiary occupation of those farms? Such situations where there have been indications, saw the farm but they do not know where to start because there is no offer letter.
HON. PROF. MURWIRA: Hon. Speaker Ma’am, I believe that Hon. Mayihlome is asking about people who are on the farm without offer letters. Basically, if it is a supplementary, we say how long it takes? From a policy perspective, it is the desire of Government to do its work efficiently and proficiently. That is why I said in non- mathematical terms, as soon as possible. I thank you.
HON. MARKHAM: Thank you Hon. Speaker. Madam Speaker, I stand guided here but I think the Hon. Minister must explain how someone can be on a land without an offer letter? When you get on to a land with no documentation, the first step is an offer letter. The second method of acquiring land is the 99-year lease and to my knowledge, up to October last year, not one 99-year lease has been issued by the Ministry of Agriculture. It is not organised, it is chaos. Thank you.
HON. PROF. MURWIRA: Hon. Speaker Ma’am, I would like to first of all, say there is no chaos at all. There can be speed that might not be as fast as what other people might want. The land issue could be an emotive issue but surely there is no chaos at all. We are here and we are making sure, especially in the Second Republic, that there is order on the land. This is why we have produced 13 months’ supply of wheat which has never happened in the whole history of this country where we were producing three months supply of wheat and importing nine months. It is a mathematical fact.
As I said, systems may not be perfect but our policy is perfect. So it is a matter of now trying to fill the gap between our aspiration and our actions but the desire of Government is to make sure that there is order on the land and to make sure that those people that are settled on the land are properly documented with offer letters. It does not mean that there are no irregularities but that is exactly the purpose of the law to make sure that we do things lawfully and legally. Other things which avail judgements like chaos or no chaos, I do not know whether I can comment about that but what I can say is that there is no chaos. I thank you.
HON. BITI: Thank you Madam Speaker Ma’am. My supplementary to the esteemed Minister is that the land reform commenced in the year 2000. So 23 years later, we cannot still be issuing offer letters and our farmers cannot rely on offer letters. Why are we not complying with Chapter 16 of the Constitution which obliges the Government to put a full stop to the land question by making sure that farmers who benefited from the Land Reform Programme have title deeds or some other title to land that can be hypothecated? The Hon. Minister says there is no chaos. I can tell him that there is chaos because the original beneficiaries of the land reform are now dying. So, there is now serious estate dispute and the beneficiaries have nothing except an offer letter. There is need to ensure that we comply with Section 6, Chapter 16 of the Constitution and give legal clarity to the beneficiary of the Land Reform Programme. I thank you very much Madam Speaker Ma’am.
HON. PROF. MURWIRA: Thank you very much Madam Speaker Ma’am. I would like to thank Hon. Biti for the supplementary question. In answering this question, I want to say that there is a difference between process and destination. The process of giving people 99-year leases is ongoing. Government has not stopped its obligation to do what it has to do. Issues to deal with disputes are dealt with according to how they arise but the issue of whether land reform happened or not has been finalised. Land has been reformed and it is what it is today. In terms of regularisation of things, the process and the speed with which we do things, it is a completely different question altogether. The issue basically is, as we can see, progress is happening and is being done by Zimbabweans in total, to make sure that the heritage of the land - because the country is land anyway, which has already been finalised. The process of doing things might not be the speed that other people might want or whatever but nobody has abrogated the responsibility to make sure that everything goes well. It is not a matter of patience or impatience because Zimbabwe does not die. I thank you.
+HON. S. NDLOVU: Thank you Madam Speaker. My question is directed to the Minister of Home Affairs. In his absence, I will direct it to the Leader of the House. Madam Speaker Ma’am, we have Bills that are going on and we have Bills that are going to Bulawayo. *I was phoned to invite the public to attend public hearings. I called the police to inform them that we wanted to conscientise the people around that area so that by the time the Parliamentary Committee comes, they will have an appreciation of what they are supposed to discuss. The Officer in Charge for Luveve asked me to apply seeking for permission to conduct the meeting. The meeting will be held on 22nd February, 2023. If you are to apply, it takes two weeks for the police to respond. If we were to apply today, the Committee will come before we receive the response. I wanted to ask the Minister on what we should do. This is Government business that we are talking about. When asked to apply, we are expected to wait for two weeks for the application to be processed. Hon. Minister, we want to conscientise people so that they are able to participate in that hearing and make relevant contributions. If these sessions are conducted and people do not participate reasonably, we are then blamed for not doing our duty. So I hereby ask the Hon. Minister to assist. Thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker Ma’am. Madam Speaker, if I got the question correctly is about the Hon. Member desiring to call a meeting before a public hearing so that the members of the public can be conscientised about a Bill in preparation of the actual public hearing. If that is correct, then you need to write to the police requesting that you need to make an application to the police so that the meeting can be cleared. If I got that correct in a nutshell, I thank you.
Madam Speaker, that is correct, if you want to hold any meeting, you need to make an application to the police but if they are taking more than 7 days, they are wrong. Within 3 days, they must respond and by the 7th day, the whole process must be complete. However, if it pertains to Government business like public hearings, the districts administrators, the new terminology, district development coordinators should coordinate that meeting in conjunction with Members of Parliament if it is a meeting prior to the actual public hearings because this pertains to Government business.
What the Hon. Member can do is work in conjunction with the district development coordinator to say we want a pre-public hearing meeting where we conscientise people and it is his or her responsibility to then coordinate with the police. If you take it upon yourself to organise outside the structures of Government, the law is very clear. Once you gather above a certain number, there is need for police clearance. The period that is required should not be more than 7 days.
Questions Without Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order Number 68.
HON. MADZIMURE: Madam Speaker, I move that Time for Questions Without Notice be increased by 15 minutes.
HON. MARKHAM: I second
Motion put and agreed to.
HON. MARKHAM: Thank you Madam Speaker. My supplementary question to the Minister is with all the goals that they are pushing through so quickly, how do we get the 7 days or the 14 days -depending where you are? The second issue Madam Speaker is: are we requesting the police to authorise the meeting or we are notifying the police about the meeting?
HON. ZIYAMBI: Thank you Madam Speaker. The first part I did not get it. May the Hon. Member repeat.
HON. MARKHAM: Just as quickly, some of the Bills you do not get 7 days notice for the meeting. You do not get 7 days notice that they require for a meeting or a gathering coming up.
HON. ZIYAMBI: Thank you Madam Speaker, if you do not get 7 days, then you proceed to the actual public hearings. It is Parliament that is supposed to make sure that people are given adequate time. If you are Members of Parliament, you agree to that, we cannot then violate the provision of the law because Parliament has failed to give sufficient time.
The second part of the question whether it is notifying or it is seeking approval, it is a matter of semantics, you notify the police if the conditions are such that you cannot proceed, they will tell you not to proceed. So it is up to the Hon. Member to make a decision what he wants to call that. I thank you.
HON. CHIBAYA: Thank you very much Madam Speaker. My question is directed to the Minister of Public Service, Labour and Social Welfare Hon. Prof. Mavima. Most patients from both private and NSSA have lagged behind the inflation rate and also currency depreciation. As a result, the majority of our pensioners are earning far much below the poverty datum line. What is Government doing to make sure that you alleviate the plight of our pensioners who have worked tirelessly in building our nation? I thank you.
THE MINISTER PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Madam Speaker, let me thank Hon. Chibaya for the question. The issue of pensions in general does not fall under my purview but I can talk about Government pension that is NSSA and I can also speak about the Public Service Pensions. With regard to NSSA, what has since happened is that all pensions are now paid in US dollars even though they are paid at the going rate at the time of paying the pensions.
In 2019, the minimum pension paid was US$12, that was the minimum and we made a very specific policy suggestion to say as a nation, we should reach the threshold of US$60 for that social security pension, the minimum which is the international standard for countries like Zimbabwe.
I am happy to say that by the end of 2022, we had reached that 60 dollar minimum payable to NSSA pensioners, which is quite some progress that we made. We hope that the economic upturn that we have started to see continues so that we can then continue to improve on the payments that go to our pensioners.
With regard to Public Pensions, we are moving away from the previous situations to where now the system is going to vary from time to time according to the contributions that people have made but also according to the performance of the pension fund on an ongoing basis. Currently, what we have done with pensions is that each time that we review the salaries of civil servants, the pension pay-outs are also reviewed to keep up with the inflation and the erosion that has been taking place. In terms of the values of those pensions,this is the situation. The general pension of course is a different matter altogether but for these two schemes, this is what we are doing in order to make sure that we provide for our pensioners. I thank you Madam Speaker.
HON. WATSON: Thank you Madam Speaker for this opportunity. With all due respect to the Hon. Minister, with regards to NSSA pensions, people have been contributing through their working lives, with support properties, for example my rates and taxes on my small property are equivalent to US$70 a month. Mr. Speaker, US$60 as a benchmark is actually insufficient for a lot of those pensioners to return to their homes. What is the solution to that? Thank you.
HON. PROF. MAVIMA: Hon. Speaker, I hear what the Hon. Member is saying but I would want the Hon. Members to understand that NSSA pensions are a social security safety net which is supplementary to whatever people have put together during their working lives. Also, the scheme that we run under NSSA can only pay to the extent that it remains sustainable. If we raise without consideration of what we have in our coffers, then we run the risk of bankrupting that scheme.
My previous answer says that there is a lot of progress that is being done in addition to raising that minimum threshold. We have also undertaken quite a number of programmes including periodic bonuses to pensioners as a way of cushioning them against the erosion that has been taking place. The bottom line is that NSSA Pension Scheme is supplementary to the other schemes that our pensioners may have contributed to. We are doing everything that is possible to make sure that it remains meaningful to the pensioners. I thank you.
HON. BITI: Madam Speaker, thank you for allowing me to ask this question to the esteemed Minister of Labour, Prof. Mavima. NSSA clearly is struggling, not because it does not have a lot of money; it has a lot of money but it cannot pay meaningful benefits to workers because it can be bankrupted as you were just saying. In the past you have spoken about transforming the pension industry by moving from the defined contribution to the defined benefit. This will allow pension houses that are strong to emerge and that can look after workers. Why is that policy not being translated into reality?
Madam Speaker, NSSA now have huge assets and huge investments. If you look at the minutes of NSSA board meetings, they are spending a lot of their time on their investments as opposed to their core business of social security. When are you going to split and delink NSSA, the social authority entity and NSSA, the capitalist enterprise to protect workers? Thank you.
HON. PROF. MAVIMA: Hon. Speaker Ma’am, let me thank Hon. Biti for that question. With regard to the movement to a defined benefit, that is what I referred to earlier which is already taking place with the reform that is taking place within the Public Service. Like I said previously, I can only speak about the NSSA pension and the Public Service one. The Public Service one is the one where we are working to where we move towards more of a defined benefit and with the possibility to investments, that will help us to build that fund to where it will meaningfully sustain our pensioners during time of retirement.
With regard to the issue of separating NSSA social security and investment, these are two sides of the same coin. Indeed, currently we are trying as much as possible to improve and strengthen the investment component within us. There are audits that have been conducted that indicate to us that we need to diversify the way in which we invest and that is already taking place. We have started to deal with NSSA assets some of which were sitting idle especially land, buildings, to make sure that they contribute towards the welfare of our pensioners. At the same time we have these programmes that I have already referred to. I agree that we need to boost the investment component of it. The way we do it could strengthen in-house investment capacities or delink. But each time we try to de-link, we get questions about - are you now siphoning resources away from a public enterprise or a State enterprise to private sector which might actually lead to a prejudice for our pensioners?
It is a delicate balance that we have to push but I agree that we need to and we have been advised that we need to improve and capacitate the investment aspect within NSSA. Thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order No. 68.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
ESTABLISHMENT PROCESS OF KUVIMBA MINING HOUSE
- HON. MARKHAM asked the Minister of Finance and Economic
Development to explain the following to the House—
- the establishment process and date of creation of Kuvimba Mining House;
- the legal instrument for its establishment given that Government is the majority shareholder;
- who the shareholders are, the percentage of their shares, and what their contributions are in the company;
- where the company is registered, and what its sister or sub-companies are;
- who are the other shareholders directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
- what the current asset value of Kuvimba Mining House including definable resources is; and
- to further confirm whether a tender was issued for any disposal or acquisition of State assets or/and enterprises.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Madam Speaker Ma’am. Questions No. 1 to 7 require a lot of detail on Kuvimba, ZAMCO and the Sovereign Wealth Fund and the detail required quite some time to gather. I want to commit myself that by next week, I should be ready with the responses. I submit.
HON. MARKHAM: Madam Speaker, I accept the Minister’s request but I would like to draw the attention of the House that the same was requested last week. On top of that, I would also want to make a point of order that there are two statements that we are still waiting for over a long period of time. Since the wheat crop came in, I have asked for an update on payments to wheat farmers but we did not have that. I have asked for the review and to bring to the House the software that is being put into the TIMB computers to stop orders, I have not had that. Now I have got seven questions which are now delayed again.
Madam Speaker, out of frustration, I have put ZAMCO and justice internal report on the questions so that we can have a record of what we are getting which is nothing.
THE HON. DEPUTY SPEAKER: I am sure the Minister has taken note of that.
CONSULTATION WITH MEMBERS OF PARLIAMENT AND COUNCILLORS ON DISTRIBUTION OF DEVOLUTION FUNDS
- HON. MARKHAM asked the Minister of Local Government and Public Works to explain to the House whether Members of Parliament and Councillors have been consulted on the distribution of devolution funds in the absence of the Devolution Bill.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Thank you Hon. Speaker. I would like to inform this august House that there is no Devolution Bill in place. Devolution issues are addressed in the Provincial Councils and Administrative Act, thus according to Chapter 14 of the Constitution. However, to clear the concerns of the Hon. Member, Section 301 (3) of the Constitution of Zimbabwe instructs the distribution of at least 5% of revenues collected in that year to metropolitan and provincial councils and local authorities as their share. I wish to advise this august House that the distribution of devolution funds is the responsibility of the Ministry of Finance and Economic Development.
My Ministry started in 2014 to work with a team of local authorities officials to come up with a formula that will sufficiently respond to the constitutional requirements, the major one which is to address marginalisation. The formula has three parameters; population, poverty, prevalence and infrastructure with 20%, 30% and 50% weightage respectively. This formula has been put before Hon. Members several times at different fora. Different committees have requested further clarification and my Ministry has never missed an opportunity. The formula has been kept simple for everyone to understand. Furthermore, the formula remains a product of the people and is open to scrutiny and adjustments.
HON. MARKHAM: Madam Speaker, I thank the Hon. Minister for her response. My concern is that two years ago, there was a judgment against her Ministry to get on with the Devolution Bill. To date, her Ministry has failed to do so two years later. I can advise this House that we have been more than generous in proportioning times and offer to work with them to assist to do the Bill because it is quite obvious after their capability and to date, nothing has happened. They have not done anything. It is in contempt of our Constitution for them to deliver money without the Act.
Secondly, if they were concerned about the constitutional requirement of 5% to the Bill, they could, as a matter of temporary measure, given to a ministry like Public Works to distribute that 5% with the understanding of this House that the Bill is in process. The Bill has not even got to the House Madam Speaker. So what the Minister is saying, she has said it before but the bottom line is, the Government has failed since 2013 to introduce the Bill to this House and yet the Government consistently and continuously talks about devolution. There is no devolution. They have centralised the power of 5% of this budget to the Minister and hence my question which was not answered - which stakeholder including MPs and councillor did you consult to get the 5% distributed even for this year or last year? No-one was consulted. Thank you.
HON. CHOMBO: Thank you Hon. Speaker and thank you very much Hon. Markham for that follow up question. I hear you and I stated earlier that, that question has been raised in this august House so many times and my Ministry has offered responses to that effect. I concur with you that the Bill is late and I also told you before that the Bill is within the Attorney-General’s Office.
The Minister in charge of AG’s Office has also come in this office and stated that they are trying to beef up their staffing complement to make sure they speed up the processing of the outstanding Bills. Your suggestion that we should try to give another Ministry to distribute the 5%, I think it can be proffered through this august House and will be deliberated on and we stand guided as a Ministry. I thank you.
HON. BITI: Thank you Madam Speaker. On a point of clarification to the esteemed Minister of Local Government – Devolution is provided for in Chapter 14 of the Constitution. So Chapter 14 demands two things which are that there must be an Act of Parliament dealing with the mechanisms of devolution. So we are concerned that this Parliament is almost coming to an end but that law has not been there. There are two judgments of the court forcing and compelling the Minister to come up with that law but he has not come up with it and this Parliament is a few months away from natural expiration.
The second issue is, all political parties in this House, in 2018, submitted a list for provincial councils. So all these political parties have provincial councils that are being paid but their term of office is coming to an end yet they are not working because there is no enabling legislation. Some of them had been recalled without even working. So what kind of explanation does the Minister have for sleeping on the job, not for five years from 2018 to now, for 14 years because the new Constitution came into being in 2013 and the devolution law ought to have been enacted in 2013? I thank you.
HON. CHOMBO: Thank you Hon. Speaker and thank you very much Hon. Biti for highlighting what I had already stated that I agree that we are behind and my Ministry and Government at large are also concerned. They are making all efforts to ensure that those Bills are speeded up through the AGs Office. I thank you.
Questions with Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order No. 68.
MINISTERIAL STATEMENT
MANAGEMENT OF THE LEAKAGE OF SOME ORDINARY LEVEL EXAMINATION QUESTIONS PAPERS
THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. DR. E. NDLOVU): Madam Speaker, I would like to thank you for giving me this opportunity to present my Ministerial Statement on the leakage of some Ordinary Level examination questions papers. I brought with me ZIMSEC officials who will assist me in some of these issues.
The Zimbabwe Schools Examinations Council conducted the 2022 examinations at Grade 7 Ordinary and Advanced Levels and published the results on 30th November, 2022, 3rd February 2023 and 13th January 2023 respectively. The results publication dates returned to the normal dates when the school calendar ran without any disturbances. In 2020 and 2021, there was COVID-19 pandemic induced disruptions to the school calendar.
The Grade 7 and the Advanced Level examinations went on without any incidence. However, the administration of the Ordinary Level examinations experienced some problems which were caused by a leakage of some subjects at a standalone cluster centre, Thokozane Secondary School in Matabeleland South Province.
This statement will focus on the following:
- The investigations of the leakage when it was reported.
- The brief that was given to the Portfolio Committee on Primary and Secondary Education.
- The Board meetings that were held to give direction on how to deal with the leakage.
- The questions which were forwarded to the Hon. Minister, which is myself, from Parliament, and
- Conclusion
The Investigations of the Leakage when it was reported
The ZIMSEC security worked with the Commercial Crime Division of the CID and the Central Intelligence Organisation to trace the source of the leakage after the leakage was reported on 16th October from the Zvishavane area. The team found out that:
- The question papers in three subjects leaked from Thokozane Secondary School in Matabeleland South Province and circulated on WhatsApp and some social media platforms.
- The question papers were peddled by some ordinary citizens and some Advanced Level candidates charging those who needed the question papers.
Candidates and school officials and ordinary citizens who posted question papers on WhatsApp and those buying them were arrested and appeared in court. The sentences they got, however, were either community service or fines. Mr. Kudakwashe Betserayi who fraudulently registered an ECONET SIM card in ZIMSEC’s name and sold question papers was arrested in Masvingo and is still on remand. The Head and the Deputy Head of Thokozane Secondary School are still in custody in remand in Filabusi.
It is important for Hon. Members to understand the system that was used by ZIMSEC in the examination process. The system was introduced after 15 000 candidates were implicated in the leakage of English Paper 2 in the 2017 examination session. In addition to all other measures that were in place:-
- A cluster system of keeping question papers was introduced which had a three-tier system in the keeping of keys to the question papers at a cluster point. Madam Speaker, no one person would access the question papers when the system was used correctly at school level.
- A ZIMSEC monitor, a hired retired educationist was third tier at each cluster point.
- The cluster points are in two categories – one that services more than one centre and the other type which is called a standalone which keeps its own papers because it is far away from all other schools.
- The examination starting time was also changed from 8.00 am to 9.00 am so that all schools are able to collect the candidates’ question papers in the morning of the examination and administer the examination.
- Each cluster centre is guarded by two ZRP details at night to ensure security at night.
It is very sad that with all these measures in place, the Head and Deputy Head of Thokozane Secondary School who had the keys to where the question papers were, broke the keys which belong to the monitor and stole the examination papers and sold them to an attendant at a pharmacy in Zvishavane. He sold the question papers on social media platforms. Ordinary Level examination had 278 760 candidates but only 4 961 were involved in examination malpractice that included either pre-access to examination question papers, collusion or other as found and reported by the investigators, school authorities or concerned stakeholders. This represents 1.78% of the candidature. Arrests were made to candidates who received and sent papers on WhatsApp. School officials who were implicated as well and ordinary citizens were also arrested. It is important for Members to know that one Kudakwashe Betserai was arrested for fraud. He registered an Econet line in the name of ZIMSEC and he fleeced members of the public as he masqueraded as a ZIMSEC official.
Madam Speaker Ma’am, it did not come from internal operations of ZIMSEC but came after the question papers had been deposited at cluster centres where Heads are entrusted to keep the question papers safe. ZIMSEC used three tools to fish out candidates who had pre-access to question papers. These are:
- Investigations which involved ZIMSEC Security supported by the Commercial Crime Division (CID) and the Central Intelligence Organisation (CIO);
- Marking by examiners, there is a way of noticing candidates who could have had pre-access to papers;
- Grade review process – the grade review process, this is where the ZIMSEC computer fishes out of the data, candidates who have significant grade differences between component and subject.
I must assure the Hon. Members that no candidate will have results nullified without evidence of malpractice. There were no whole centres that were not given their results. There was a delay in giving four centres because evidence of malpractice by some candidate had not been authenticated. The results of the whole centres were released immediately after the receipts of the evidence. Members of this House must know that the results that have been received are provisional results. It is a common practice in all examination boards across the world to act in the manner our own board has acted. There is a 42 day period in which any candidate who is implicated in malpractice can have their results nullified or considered. Any results that are nullified is because there is evidence of malpractice.
The brief that was given to the Portfolio Committee on Primary and Secondary Education read as follows:
The Ministry and ZIMSEC were called for information by the Parliamentary Portfolio Committee on Primary and Secondary Education. We presented a report to the Committee on 15th December, 2022. All the facts were presented at that meeting. The document that was presented is part of my submission today. I have submitted the document to the office.
The board meetings that were held to give direction on how to deal with the leakages – the ZIMSEC Board met on 30th October, 30th November 2022 and 1st February, 2023 to give guidance on ZIMSEC management over the matter of the leakages. The board meetings were a culmination of recommendations that were coming from the committees of the board. On 1st February 2023, the board resolved that the results of the majority of candidates be published and culprits would have their results nullified. We cannot have 4 961 candidates out of 278 750 candidates hold the system to ransom. The questions which were forwarded to my office are as follows; One of them reads - what measures ZIMSEC is going to take to instill confidence and the security of ‘O’ and ‘A’ Level examinations because these examinations were marred with excessive leakages.
First and foremost, ZIMSEC’s Act has to be amended so that it becomes a deterrent instrument to the culprits. The route to the amendments is already at an advanced stage. Our lawyers are looking at this document to make sure that it goes through.
Madam Speaker Ma’am, the distribution and safekeeping of question papers system will be revised in the coming season, to add more security when the ownership of question papers becomes a shared responsibility of ZIMSEC and its stakeholders. The security at the printing press is already enhanced and more security measures have been added to the system. No November 2022 question papers were leaked from the printing press. No marking scheme leaked from ZIMSEC as reported in the media. The circulated marking scheme was one which had been developed by fraudsters who wanted to fleece the unsuspecting public. It had so many wrong answers to the extent that some candidates were caught because of this issue.
The other question is; what measures are going to be taken in terms of recourse for those students who believe that genuinely they did not have pre-access to the examination papers. Our response to that is; candidates who cheated were identified because there is evidence. No candidate will have his/her results nullified without evidence. The work of investigators, markers and grade reviewers was to collect evidence to show that there was malpractice or no malpractice. The message must be driven home; if you cheat, you will have to deal with the consequences of cheating.
In conclusion, examination malpractice is a scourge throughout examination boards across the world. A good example, this year it has come from South Africa, Uganda, Singapore where even the services of Interpol were solicited. We in Zimbabwe have to deal with the scourge squarely, with the measures being put in place. As a Ministry, we need to ensure that those who write examinations according to the rules and regulations continue with their education system. Corrupt school officials and ordinary citizens who were at the forefront of disrupting the examination system must face the consequences that face them. I thank you.
(v)+HON. MAHLANGU: Thank you very much Madam Speaker Ma’am. May the Hon. Minister clarify on the examination questions that leaked? How about the markers? This thing is happening each and every year towards examination time. The Ministry has done nothing since the leakages of the examination papers. May the Hon. Minister clarify to us where the leakages started? Was it from ZIMSEC or somewhere else? May the Ministry make an enquiry on ZIMSEC because that is where the leakages start from?
HON. GABBUZA: Thank you Madam Speaker. I have three clarifications. We know that at A’ Level, you just need three subjects to enter into any university. Of late, we have seen people writing 20 subjects and coming up with 20 As. Do you ever investigate such cases? Are those not indicators that there could be some leaking? ‘A’ Level with Maths and all subjects, somebody getting 20 As. Secondly, will you allow these cheating students to write this year? Is there any mechanism perhaps to suspend them?
Lastly, with all these scandals which are increasing every year; last year it was less. It is becoming worse. What do you think is the implication to the confidence in our education system? Are you considering perhaps bringing back Cambridge to manage the exams until we are confident of our system? Currently, if I see my kid with 20 As, I have no confidence that indeed he has got the brains for 20 As. Thank you.
HON. HWENDE: I wanted clarity on something; just to add on to what Hon. Gabbuza has said. *Hon. Minister, are you not seeing that there is an area that you have not responded to? It is quite clear that the majority of these culprits are members of your staff. Papers are being leaked from ZIMSEC to prospective candidates. In your investigations, you have concentrated on the innocent children, bearing in mind the meager salaries that you are paying and the fact that they run such an important examination. The payments that you are giving to the workers such as ZWL$86.000 for such an important examination, that on its own causes people to be involved in underhand dealings by leaking these papers and sell them so that they get US dollars which they use for sustenance of their families. If that is not nipped in the bud, you are going to have a perennial problem. Even those that are marking the papers are being paid. People no longer have confidence with ZIMSEC. If it were possible, could you also bring back the Cambridge system which pays very well unlike what you are doing? The Ministry should have a policy as has been mentioned by Hon. Gabbuza. In here, there are people who used to be very good at school. We never heard that there was someone who could attain 20 As at A’ Level, including the Hon. Speaker’s sister. She got 17 As and we even congratulated him. That has never occurred. Can you please attend to that issue? Thank you.
HON. MADZIMURE: Thank you Madam Speaker. I heard of only two people that the Hon. Minister said were arrested but this thing was wider than two people having been on the centre of the corruption scandal as far as examinations were concerned. The majority of the distributors were actually teachers. That is how it happened because the teacher would then pass on, sometimes not even issuing the papers themselves but to advise on areas to concentrate on. How are you going to deal with the fact that the teachers were involved? Secondly, to those children whom you are saying you were quite sure they were beneficiaries, what information did you manage to get from those students to tell you who actually gave them the examination papers?
*HON. KWARAMBA: Thank you Madam Speaker. I would want to comment on the issue of leakage of examinations this year. As a parent, my child sat for O’ Level examinations last year. I feel pained as a parent because the students were innocent. You should deal with the culprits. Deal with the person who leaked the papers. The children did not commit any crime. They should be given their results. You are punishing the parents by asking them to pay examination fees for the second time. Thank you.
HON. MOLOKELA-TSIYE: Thank you so much Madam Speaker. I have a follow-up question with the Hon. Minister. The first one is around the changes to the law governing ZIMSEC. We do know that Parliament is about to end. We are going to have elections soon but we will still have examinations this year. When do you intend to have the changes to that law before this Parliament ends? If you do not do that, it means we will use the same ZIMSEC law for the coming exams. I want you to clarify on when you intend to change the relevant law governing ZIMSEC in order to avoid repetition.
The second clarification is around the issue of ZIMSEC being exonerated. There is no logic in exonerating ZIMSEC because the institution that has been given the mandate to make sure that there are credible examinations in this country is ZIMSEC. So if there are 5000 disqualified learners, it means ZIMSEC has failed. So, the buck stops at ZIMSEC. Can you not have an independent commission of enquiry to investigate ZIMSEC because it is the problem as the examination board? I went through the education system of Zimbabwe and I never experienced ZIMSEC as a person. I experienced Cambridge and in my entire education from primary to university, I never experienced what I am seeing these days since we changed to ZIMSEC. When Cambridge was administering exams in this country, it was a completely different case. Yes, I do not say it was perfect but what we see today, I think, it is related to ZIMSEC. So, Hon. Minister, is there no possibility of an Independent Commission of Enquiry to investigate the conduct of ZIMSEC? ZIMSEC is the problem.
Last but not least, a lot of people who have got financial capacity are migrating to Cambridge. So as long as you do not address ZIMSEC; Cambridge had exams in this country, not even one learner from Cambridge got 20 ‘As’, and not even one person from Cambridge was disqualified in the same country. The rich in this country are using Cambridge, what about the poor? A discredited Examination Board that will not give them a future after they spend time and endless hours studying and preparing for an exam only to be told that your Examination Board has failed you -
Hon. Minister, if you do not give the responsibility of the administration of exams to ZIMSEC, then the buck stops with you. You are the next in line, either you resign or ZIMSEC is dissolved. Otherwise you will be fired. Thank you so much.
*HON. MUTAMBISI: Thank you Madam Speaker. I would like to ask the Hon. Minister when did ZIMSEC realise there was cheating? Was it before students had already written the paper and if it was, why did they not produce a supplementary paper? If they became aware of it during marking, why did they not withhold the papers and issue a supplementary paper? Thank you. – [HON. MEMBERS: Inaudible interjections.] -
*THE TEMPORARY SPEAKER (HON. DR. MAVETERA): The Hon. Minister says that she wants to respond. Let us allow her to respond. We will give opportunity to those who are on virtual after her responses. Thank you.
THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. DR. E. NDLOVU): I will respond to your questions first because you posed pertinent questions.
*THE TEMPORARY SPEAKER: Was there anyone else who posed questions in Ndebele besides Hon. Mahlangu?
HON. DR. E. NDLOVU: Madam Speaker, I hope the Ministry officials noted the first question for me.
+THE TEMPORARY SPEAKER: Yes, the question was in Ndebele.
HON. DR. E. NDLOVU: Yes, dealing with culprits, the Act states that the results of cheating candidates will be nullified. Is that your answer? – [Laughter.] – Let me respond the way I see it.
THE TEMPORARY SPEAKER: Hon. Minister, I can indulge you to read so that you can consolidate your responses.
HON. DR. E. NDLOVU: Let me respond to the questions that I noted. There is the challenge on salaries that teachers are underpaid and as a result, they go out there to do these malpractices.
The salary issue, I think, we have been trying to address in the country. The challenge that we have is the budget – the amount of money that is allocated to us. I think this year; I would like to thank the parliamentarians because you pushed for a higher budget for salaries so that, at least, our teachers are paid; if we improve on remuneration, I think probably, they will also be happy and do good for the nation.
Then people have lost confidence in ZIMSEC. Yes, we appreciate that people have lost confidence in ZIMSEC. ZIMSEC was started so that we can own our own examinations. Recently, I travelled to South Africa and they were asking us to actually introduce ZIMSEC as part of our agreement between Zimbabwe and South Africa because they admire the result of ZIMSEC at university level. Our students who have completed ZIMSEC examinations in this country cannot compete at higher institutions of learning with South Africans – they are way above the South African grade. So, I still believe …
THE TEMPORARY SPEAKER: Hon. Minister, may you please connect!
HON. DR. E. NDLOVU: Thank you Madam Speaker. So, I still believe that our children who write ZIMSEC Madam Speaker …
THE TEMPORARY SPEAKER: Hon. Minister, may you please connect!
HON. DR. E. NDLOVU: I am not connected again? – [AN HON. MEMBER: South Africans have a poor education system because they spend five years in primary school.] - I still believe that ZIMSEC is an examination center of credibility; I still believe, from the performance of our children outside the country. I still believe that the body is credible.
Then ‘A’ level, how can people believe in people who attain 20 points? Yes, that one was criticised online and I felt so bad I tell you. I think we need to come up with a policy to limit the number of subjects that are written by our children. We really need to come up with a policy Madam Speaker as a Ministry that, at least, mwana ngaanyore four subjects pa ‘A’ level. Izvi zvekunyora ma10 chii chii why? There is confusion, so I think; we will come up with a policy Madam Speaker so that, at least, our children can write four subjects. After all, our universities require only three subjects? – [AN HON. MEMBER: Three!] – Yes, they need three. So the maximum, we will recommend, as a Ministry, that we come up with a policy where we reduce the number of ‘A’ level subjects.
Then the distributors were teachers – well, I cannot confirm but if really the distributors were teachers, the team that was doing the investigations should have caught those people because they apprehended a few people consisting mainly of school children and those two teachers who originated the papers, betshontsha because no other area had a break-in except that iThokozani Secondary School – no other center.
At other centers, the people who we employed who are retired teachers came and unlocked the last key. The two keys stay with the schools and then one key does not stay with the school; it is given to a retired teacher to come and unlock. So, I think, we really need to be serious. If they are teachers, then I think the team would have caught them. I do not know how because we had the CID Section investigating this. So, I do not believe that they were teachers; if they were, then they would have been caught – [AN HON. MEMBER: Because they pay!] – So they paid the police and CIO? Heee then we really need to put a team on the ground.
Probably his recommendation that we come up with an independent board of inquiry. We need to do that and we will consider that recommendation as a Ministry. Of course, we are going to change the law. I went through that document and checked the reason why the document has been stuck in the Ministry for many years. I am trying to push it, like any other document that I found so that we can punish and the punishment must be prohibitive, it must be harsh. At the moment if you are going to do community work, you do not feel the pain. We want the law to take its course and I am going to push it so that it comes to Parliament before the end of the Session. I will work with ZIMSEC and the Ministry’s Legal department to make sure that the document comes to Parliament before the elections.
On introduction of Cambridge – Cambridge is already here and Hon Members, let me talk in Ndebele. +Let us not look down upon ourselves to that level, to the extent to say that we are better off with the British in this country. Let us fix this matter. If it is ZIMSEC at fault, let us all unite and fix this matter and retain our examination board. Let us be proud Zimbabweans. Truthfully, after so many years of gaining our independence, we want Britain to dominate us again! No Honourable Members, I am committed to and will stand my ground that if there is a leakage, we must go through and an independent commission must investigate. If we find that there is something within ZIMSEC, we correct that. If the leakage is with the centres as we said, we correct that but we retain our pride. This is my feeling as a Zimbabwean that we should try.
I am informed also by the ZIMSEC Board that the Cambridge examinations – actually my grandchildren sat for the Cambridge but the subjects are many. *In the schools for the rich people they sit for Cambridge examinations but surely the subjects the children are doing are just too many. The other day I had to call after communicating with somebody whom I respect in this country on the Cambridge issue. The person said, why Ndlovu do you allow the private and trust schools to write more than three subjects? Why do we allow that? We must put it in the new amendment Bill. We have to limit the number of subjects to be written by anybody. Even in the teaching field, the lessons and subjects are too many that our children and grandchildren are doing – [HON. MADZIMURE: The satchels for our primary school children are now like 10kgs.] – Yes, they are full. We need to reduce the number of subjects that are done by our children and I am going to work on that immediately when we leave this place – [HON. MEMBERS: Hear, hear.] –
You might say your child, your daughter should not be punished but some of those children when we are now looking at the results and the answer sheets, the markers discovered that some of the children were using a fake answer sheet which had wrong answers. We proved beyond reasonable doubt that these children copied because they just copied the answer sheet. There is real proof to that. The answer sheet was fake; it was originated by these other people who want money and they bought that answer sheet and put the answers. The markers then discovered that some of the children used that fake answer sheet. So we have proof that those children cheated.
+HON L. SIBANDA: Those are the 5 000 students that were suspended?
+ HON. DR. E. NDLOVU: Yes, because the students were soliciting for examination papers or maybe it was a parent who solicited for an examination paper and gave to the child. The child is the one who was now at fault at school, and when the examiners were going through the answer sheets they discovered that the student had cheated. As the board, we had already received a tip off that there is an answer sheet which was wrong and was circulating.
The independent commission of enquiry will look into it if it is feasible. We will consult and look into it. The ZIMSEC discovered it in October. I read it in my document but after discovering it, ZIMSEC then informed me and my office. I then directed ZIMSEC to engage the security forces so that we investigate and bring the culprits to book. That is why when I came to Parliament, some of you tried to raise the issue and said no, it is prejudice. We are still looking at it. We have engaged the State security to make sure that we find out what happened. I engaged them including the Board Chair. I think the results speak for themselves. I do not know the issue of teachers that they were involved; they were not caught and we will continue to investigate.
On the supplementary paper – They did not withdraw because it was too late. If we discover it on time then we can withdraw the paper. Also, it is costly to set and sit examinations. The whole process is very expensive. That is why we said it is now late, let the children write and then we will discover who really copied and who did not copy, and then punish those that have copied and put measures to stop copying. I have quoted in my paper that there are serious leakages that are happening in the Republic of South Africa, Singapore and Uganda, not this – [HON. BITI: 5 000 ihombe.] – Yedu is 1,78% vaBiti, dzavo it is higher.
(v) HON. NDIWENI: I want the Hon. Minister to clarify the issue of Mukaro Secondary School where the whole school’s results were withheld. What really happened there?
(v) HON. MOKONE: Hon. Minister, you are saying the first leakages were recorded in Matebeleland South at Thokozane Secondary School. Are you really sure that these were the leakages that were recorded or the kids from this secondary school are just sacrificial lambs because I do not think these papers actually leaked in Matebeleland South. There is somewhere where they leaked and this issue was out-blown because these papers were discovered in Matebeleland South. If these papers actually leaked in Matebeleland South, may you kindly furnish us with the results from Matebeleland South because if these kids from Matebeleland South had papers, Matebeleland South should have performed better in these exams? From what I know and from what I have read, Matebeleland South performed poorly in these exams.
Every year we hear stories of ZIMSEC papers leaking, why can we not have a stop-gap measure to this so that we do not hear about these leakages anymore? In your Ministerial Statement, if I heard you correctly, you said your own muzukuru did not write ZIMSEC but sat for Cambridge exams. What does it say? It means that you, yourself the Hon. Minister of Primary and Secondary Education, has lost faith in ZIMSEC and that is the reason why your muzukuru wrote Cambridge exams.
+HON. L. SIBANDA: I want to ask the Hon. Minister over the continuous leakages of examination papers. If those perpetrators are not being arrested and prosecuted, the examination papers will continue to leak each and every year.
HON. S. NDLOVU: Hon. Minister, whose fault is it? Is it ZIMSEC, parents or the children? You have decided to withhold the results for these students, schools opened on Monday for Form 5 classes, what mechanisms have you put in place to make sure that these children are not left at home because what will happen is, we will see these children now taking mutoriro because they have nothing to do? These are idle minds that are sitting at home.
*HON. TEKESHE: I wanted to find out when the new curriculum was started, were the pupils prepared? I see Grade One pupils using 11 textbooks. The developed countries that we are copying from have Wifi and Internet all over. Our children in the communal lands are not coping with the CALA projects because they have no access to Wifi, neither do they have the tools of trade such as gadgets. Also, some schools in the rural areas in Manicaland are not taking Ecocash and RTGs payments in ZWL. They demand payment in USD because they say they buy chalk in USD. Where do you expect the rural folks to get the USD when they are refusing our own currency? Is that policy?
HON. BITI: My question to the esteemed Minister is that we support fully the principle of localisation of examinations and the idea of ZIMSEC. So, the principle of localisation is uncontested.
THE TEMPORARY SPEAKER: You are not connected.
HON. BITI: I am now connected Madam Speaker, so can I proceed.
THE TEMPORARY SPEAKER: Yes you can proceed.
HON. BITI: So the principle of localisation is uncontested, the problem to the Hon. Minister is that virtually each year, ZIMSEC is experiencing these leakages - the leakages are not abating, they are actually increasing. This year 5 000 students were affected, that is not a small number. It is not enough, with great respect to you that South Africa, Singapore, Uganda might have had more people - we are Zimbabweans, and we want to create a proud incorruptible system. What we are doing now is that we are undermining the credibility of our education system because the localisation is failing because of whatever challenges that ZIMSEC is facing.
The greatest legacy of post independent in Zimbabwe is and has been education. President Mugabe’s biggest achievement is education but we are now undermining it through ZIMSEC. What the nation wants to hear from the Minister, which was not in her policy statement read this afternoon, is what concrete measures are you now going to make to restore credibility of ZIMSEC and our examination system,it will take some time but what concrete measures are you taking?. I do not think it is possible to effect those concrete measures without fundamental legislative changes. I do not think it is possible without also instituting an independent commission of inquiry into why these leakages are occurring because you have nothing to hide. The independent commission will help us and discover the mischief. Is it poor salaries? I heard you saying you have exonerated ZIMSEC. We know that some of the leakages were actually online leakages. There were online, a soft copy was sent to students and a soft copy is only generated at source. So, we need legislative measures, we need a commission of inquiry.
I heard you say when ZIMSEC saw this, they phoned you. It is not a problem that they are not sufficiently independent to take corrective measures on their own? I heard you saying you contacted security agencies. Should security people not be part of ZIMSEC to protect the integrity of examinations? Some of these questions are reflecting that at a theoretical level, there is a lot that needs to be done.
Finally Madam Speaker Ma’am, there is no way a child can come up with 20 to 28 points at Advanced level. I did Advanced level, it was very hard, I did not even have time to play. At university level, it was much easier than Advanced Level. We even formed a soccer club and we had time to play. Now Madam Speaker, we are hearing of students that are coming with shocking results and you just wonder what kind of education system we have in Zimbabwe – [technical fault] – [AN HON. MEMBER: Madam Speaker magetsi aenda network yaenda] – THE TEMPORARY SPEAKER (HON. MAVETERA): You can proceed Hon. Minister they will read the Hansard.
THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. DR. E. NDLOVU): Thank you Madam Speaker, I can hear the cries of our people in the House about ZIMSEC and the measures that we are taking. I will start to answer the Matabeleland South issue. Matabeleland South did not benefit from the papers; the papers were stolen at Thokozane which is in Matabeleland South. According to the paper that I read to you, the papers were then taken to Zvishavane in a pharmacy and that is where the paper was then distributed; from Zvishavane not from Matabeleland South. So Matabeleland South did not have access to the paper.
The teachers, whether they come from Zvishavane, I do not know but they had a link in a pharmacy in Zvishavane. The paper was then sold all over the country but Matabeleland South did not have access to that paper. The majority of the culprits were in the other part of the country from Zvishavane coming this way. People were arrested but it is the sentence that is weak, that is why I said we need to review the law to make it stiffer so that these people are punished enough to feel the pain. If we review the law and punish these people, then the leaking will stop. As long as the law is lenient on the culprits, then we will continue to have a leakage. There were measures that dealt with effects of the leakage - that is why the examinations went on so we took the measures as ZIMSEC to make sure that they contain the leakages. It was quick, it was ZIMSEC that approached the security forces after my recommendation but it was them that approached the security forces. The principle of localisation, I agree with you Hon. Biti but the measure that we should take is that we must bring the Amendment Bill here so that we can tighten the screws and make sure that there is no leakage that is going to happen.
You are right to say we might look at an independent commission to investigate them; they might come back to us again saying there is nothing wrong with ZIMSEC. As I said, we are going to consider the House’s recommendation that we come up with an independent commission to investigate ZIMSEC and the systems around ZIMSEC. The online leakage, I am told that there was a soft copy and I do not know where that soft copy came from. According to them, they said that the soft copy came from a Zvishavane lady - [HON. BITI: Inaudible interjection.] – They said they had a scanned copy not a soft copy – [HON. BITI: Says who? That is why I am saying let us investigate these people.] - Ivava; takukuinvestigatai vakomana, there is no choice. – We have to investigate and see if they were correct.
On the introduction of the new curriculum, unfortunately it happened before I came in. I think they did a thorough research in the education sector that resulted in the production of the new curriculum – [AN HON. MEMBER: Now the network and electricity is back, it is now working Madam Speaker.] – Kwakaitwa serious research into the education sector yeZimbabwe. There was a recommendation that we reviewed and we came up with the new curriculum. Yes, you might say we do not have enough resources or equipment to implement but that curriculum is a good system. It is there in South Africa and all over the world. Countries are using that curriculum. I think also it is the understanding at school level and at parent level. Complaints do not come from children; the complaints are coming from the parents. The children are enjoying the research that they are doing.
For instance, if you go to a rural set up, a child is asked to be innovative and come up with their projects. Some use grass which is around them, some use wood and come up with a product which product is going to be assessed by the teacher. Some come up with beads using the trees and fruit which they see and they come up with a project which is admirable and the teacher gives the mark. So having computers or not having computers, CALA still remains a good practice because it drives the child to think positively and address the challenges around him or her. For example, our schools are producing sanitizers because there was the COVID challenge in our schools. Some of our children produce gas in their schools, for example in Goromonzi, there was no electricity in their schools, they had to produce gas.
Madam Speaker, in terms of CALA we have to work together, explanations should be given to parents on why we introduced the CALA. Complains are not coming from children, they are coming from parents. Parents are saying they are doing the CALA, you are not supposed to do the CALA, it is the child who is supposed to do the CALA - [HON. BITI: CALA is now causing us parents to be students, that is the problem, I am now a core teacher but I do not get paid by your Ministry] – Hon. Speaker, I think CALA is now a problem. I think I must come and explain the issue of CALA.
Madam Speaker, we are already doing a review of the curriculum and we want you to write to the Ministry giving us your input so that we improve on CALA. We will not do away with CALA, it is progressive - we do not want to lag behind as a nation – [HON. BITI: Eleven subjects are too much for a Grade one child.] – Madam Speaker, I think on the CALA issue, I have to come back and explain.
THE TEMPORARY SPEAKER: Hon. Minister, I think you have a Ministerial Statement, I am sure you can attach the CALA.
HON. DR. E. NDLOVU: Yes, we will do that.
THE TEMPORARY SPEAKER: Hon. Minister, there were two questions you did not respond to. There was the issue of how you are going to restore credibility and the issues of legislative changes.
HON. DR. E. NDLOVU: I think we will restore credibility by having a commission of inquiry which will assess whether ZIMSEC is doing the right thing or they are leaking the examination papers. The results and recommendations will guide us accordingly.
On legislative changes, I promise that we are going to push for the ZIMSEC Amendment Bill to go through the relevant committees, it goes through Cabinet then it comes to Parliament.
THE TEMPORARY SPEAKER: How far have you gone with that Bill?
HON. DR. E. NDLOVU: We have a draft amendment Bill in place. That draft must go through the Cabinet process then come to Parliament for approval.
I had forgotten Hon. Tekeshe’s question and Hon. Ncube’s question as well. On the issue that some schools are not accepting our local currency; any school that refuses to take the local currency, please write to me so that I deal with that headmaster, we have got rogue people in offices, we need to deal with them.
On what we are doing with the children that had their results withheld by the Ministry; those children can rewrite their examinations in June or whatever, they will be allowed to write but we cannot allow them to go to Form 5 because they cheated.
On the Mukaro issue, they got their results except those who cheated. So Mukaro itself as a school, it got its results but those children that we discovered through the assessment that they cheated, their results were withheld and they will be allowed to sit for June examinations.
HON. BITI: So the most affected province is Masvingo?
HON. DR. E. NDLOVU: Yes.
THE TEMPORARY SPEAKER: Thank you Hon. Minister, we would like to thank you for the Ministerial Statement which was very detailed. You responded very well, we await the other Ministerial Statement. Hon. Minister, can you please approach the Chair?
On the motion of HON. MUTAMBISI, seconded by HON. P. MOYO, the House adjourned at Eight Minutes past Six o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday 15th February, 2023
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE DEPUTY PRESIDENT OF SENATE
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: May I remind Hon. Senators to switch off their cell phones or if they want, put them on silent.
BILLS RECEIVED FROM THE NATIONAL ASSEMBLY
THE HON. DEPUTY PRESIDENT OF SENATE: I have to inform the Senate that I have received the following Bills from the National Assembly: - The Judicial Amendment Bill, [H.B. 3A, 2022]; and the Child Justice Bill, [H.B. 11, 2021].
SECOND READING
NATIONAL SECURITY COUNCIL BILL [H. B 2A, 2022]
First order read: Second Reading; National Security Council Bill [H. B. 2A, 2022].
THE MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I rise to present my Second Reading speech on the National Security Council Bill. It is a great honour to present my Second Reading Speech for the National Security Council Bill before this House.
This Bill seeks to give effect to the provisions of Section 209 of the Constitution of Zimbabwe, relevant international obligations and regional best practices. Chapter 11 of the Constitution of Zimbabwe provides for a legal framework to regulate the security’s services sector in Zimbabwe.
This Chapter recognises security services of Zimbabwe as consisting of the Defence Forces, the Police Service, the Intelligence Service, Prisons and Correctional Service and any other established by an Act of Parliament.
Mr. President Sir, by giving effect to Chapter 11 of the Constitution, Parliament would have played a significant role in its compliance with the doctrine of Constitutional supremacy as entrenched in Section 2 of the Constitution through the fulfillment of obligation imposed by the same.
This doctrine requires every person, natural or juristic including State organs and agencies of Government at every level to be subject to the Constitution. The doctrine further provides that any law, practice, custom or conduct inconsistent with it shall be declared to be invalid to the extent of its inconsistency. In that regard, Section 209 of the Constitution requires an Act of Parliament to be enacted to give effect to its provisions.
The National Security Council Bill seeks to make further provision in respect of the National Security Council as established by Section 209 of the Constitution. The Bill provides for additional members and functions of the Council to those provided for in the Constitution. It also sets out a general framework for the operations of the Council.
In this Context, the National Security Council seeks to enhance the country’s national security and intelligence capability through the systematic and effective coordination of security related issues. The main objectives of the National Security Council, among others, include the development of the National Security Policy, promotion of imperatives for national security, promotion of peace and stability in Zimbabwe and the development of security service sector in the interest of constitutionalism.
Mr. President, allow me to delve into some of the key provisions of the Bill. Clause 3, set out the composition of the Council. The Council will be headed by the President as the Chairperson; it will also comprise his Deputies/Vice Presidents, the Ministers responsible for National Security, Defence, the Police Service, Prisons and Correctional Services and Finance. the Council will also include the Chief Secretary to the President and Cabinet, the Commander Defence Forces and each service of the Defence Forces, the Commissioner General of the Police Service, the Commissioner General Prisons and Correctional Service, the Director General of Intelligence Services and any other Minister who the President may from time to time appoint to be a member of the Security Council.
Mr. President, Clause 4 provides for exercise of functions by the Council. In the exercise of its functions, the Council, among other issues, is mandated to regularly review National Security Policies in view of any prevailing national security policies in view of any prevailing national, regional and international security development and direct the taking of appropriate action. The Council is also required to have regard to the function of any agency of the State or person relating to or involved in the implementation of any legislation which has national security implications.
Clause 5 provides for meetings of the Council. The Council is required to meet at such times and places as the President may determine provided that the council must meet at least once every three months. Further, the meeting of the Council and its committees shall not be public; however, the Council may inform the public of any resolution where it is necessary and in the public interest to do so.
Clause 6 to 7 provides for the operations of the Council whereby the heads of each Security Service are required to submit security reports to the council. The council may issue to any security service or to any person such specific or general directives in writing in connection with any matter of national security. The person concerned must comply with any such directive. Further directives issued to any person must at all times be subject to Sections 206 (2) and (3) which provide for appropriate safeguards for the protection of fundamental rights of individuals.
Lastly, Clauses 8 and 9 are the general provisions of the Bill, they provide for confidentiality and annual reports. On confidentiality, members or former members of the council are not allowed to communicate to any person, any information obtained by him or her in his or her capacity as a member of the council. Further, no person may, without the written authority of the council, disclose any security related information acquired by such person by whatever means where the person concerned is under any obligation in terms of this or any other Act not to disclose the information. On annual reports, the President may report on the State of National Security in his State of the Nation Address delivered in terms of Section 140 of the Constitution.
Mr. President, I therefore plead with Hon. Senators to support and pass this Bill. I move that the Bill be now read a second time. I thank you.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
NATIONAL SECURITY COUNCIL BILL [H. B. 2A, 2022]
House in Committee.
Preamble and Clauses 1 to 8 put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
NATIONAL SECURITY COUNCIL BILL [H. B. 2A, 2022]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
SECOND READING
POLICE AMENDMENT BILL [H. B. 1A, 2022]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I rise to present my Second Reading speech on the Police Amendment Bill [H. B. 1A, 2022]. Allow me Mr. President to present before you my speech. The Bill intends to amend the provisions of the Police Act Chapter 10.10 so that it complies with the provisions of the Constitution. The Bill seeks to entrench a professional and effective Police Service under civilian authority. The key objectives that the Bill seeks to achieve are as follows:
a) To align the procedure for the appointment of the Commissioner General of Police in the Police Act [Chapter 11:10] with the provisions of Section 221 (1) of the Constitution.
b) To align the tenure of the office of the Commissioner General of the Police with provisions of Section 221 (2) of the Constitution.
c) To align the provisions relating to the appointment, promotion, discharge, retirement and conditions of service of members of the police service with the provisions of the Constitution.
d) To repeal Section 32 of the Police Act which gives right of trial before a Magistrate Court.
Mr. President, in aligning to the Constitution, the Bill adopts terms which are used in the supreme law. The Bill does away with the name Police Force and replaces it with Police Services.
In terms of Section 221 of the Constitution, when appointing the Commissioner General of Police, the President consults the Minister that is responsible for police. However, Section 5 of the principal Act provides that the President appoints the Commissioner General after consultation with a board consisting of the Chairman of the Police Services Commission, retiring Commissioner General and one other member. The Bill before you Mr. Speaker repeals this procedure and adopts the one that is provided for in the Constitution.
Mr. President, the Commissioner General’s tenure of office is governed by Section 6 of the principal Act which provides that he shall be appointed for a period of four years. The section does not limit the number of times that the tenure may be renewed. However, Clause 4 of the Bill incorporates the provisions of Section 221 (2) of the Constitution which states that the Commissioner General’s tenure shall be for a period of five years renewable once.
In terms of Section 8 of the principal Act, the Minister responsible for police can give directives to the Commissioner General of Police but there is no provision that obliges the Commissioner General of Police to comply with the directive. Clause 5 of the Bill seeks to cure this anomaly by clearly instructing the Commissioner General to take the necessary steps to comply with such directives from the Minister responsible for police in line with the provisions of Section 221 (4) of the Constitution.
Mr. President, the Bill empowers the Police Service Commission to formulate Standing Orders on the advice of the Commissioner General of Police in line with the provisions of Section 223 (1) (b) of the Constitution. This is an amendment to Section 9 of the principal Act which empowers the Commissioner General of Police in consultation with the Minister to make Standing Orders.
Mr. President, the Constitution establishes a Police Service Commission. To give Commission its powers, departing from the old system as provided for in the principal Act whereby the Commissioner General promotes non-commissioned members, these powers will be vested with the Police Service Commission.
The Bill confers the power to reappoint members of the regular force on the Police Service Commission. In terms of Section 18 of the principal Act, this was being done by the Commissioner General of Police in consultation with the Police Service Commission.
Additionally, the authority that the Commissioner General has in terms of Section 20 of the principal Act to discharge members on medical grounds is transferred to the Police Service Commission. This is consistent with the provisions of Section 340 (f) of the Constitution which provides that the power to appoint also includes the power to suspend or remove the person from office.
Mr. President, notably, according to the provisions of Section 21 of the principal Act, the Commissioner General needs the consent of the Minister before discharging non-commissioned members by reason of the abolition of his or her office or organisational restructure. However, the Bill provides that such approval needs to be sought from the Police Service Commission. This is in harmony with the provisions of Section 340 (1) (f) which I just discussed on discharge on medical grounds.
Mr. President, the Bill seeks to repeal Section 32. Under this provision of the principal Act, only commissioned officers can elect to be retired by the Magistrate Court yet non-commissioned members do not have such a right. Repealing Section 32 means that all trials, including those of commissioned officers will be conducted by boards of officers. This is because such differential treatment of members of the same organisation is unfair. Additionally, it is not only unfair but also has a negative bearing on the discipline of the police services. It is my assumption that Honourable Senators have gone through this Bill and I therefore plead with them to support and pass this Bill. I move Mr. President that the Bill be now read a second time. I thank you.
*HON. SEN. KOMICHI: I want to thank the Hon. Minister for bringing this Bill to the Senate. The first thing I want to concur with is the effort you are putting in aligning the existing laws to the Constitution of Zimbabwe is a good thing because the Constitution is a home-grown one. It is pleasing to note that we are aligning our laws with the Constitution. I believe that the Constitution tried the best to seek justice so the first thing is the removal of “Force” to “Service”. Indeed “force” was deployed by the police in the past. The police were a power on its own. They were using force, whips and sometimes button sticks destroying windscreens of kombis and others because they believed they were a force. Now that they are going to be a service, they know that they are going to serve people and are subordinate to the people knowing that they were put by people who are in authority. So power lies with the people and that is important.
We want to appreciate that this process changes the mindset. They were a lot of accusations on our police force regarding human rights violations. The police were being labelled and given different names. This was tarnishing the force and the country at large affecting the economy as a result. When the police realise that people have power, it will be good and easier for people to work with them. Even when they arrest people taking them to the cells, people will respect them. This indeed is good so I support these amendments and my desire is that the amendments should go through.
Amendments are written down and it is important that after the passing of the law, then the police should be trained and have workshops so that they know the difference between a “Force” and a “Service”. Such training workshops are really going to be necessary so that our police appreciate the changes. When lost in the streets, people should be free to approach the police instead of fearing them. Once the “Force” is transferred into a “Service” having good customer relations and reception, then this will build confidence.
I want to appreciate that you mentioned that we want a professional Police Service; we need to be proud of them as the best in Africa. We want to be number one in terms of investigating issues instead of arresting, detaining and torturing before investigations. That is embarrassing. We need to investigate cases before arresting so that when they arrest, then they arrest the right people.
Indeed corruption is there even within the police force. When you give someone $10, then the case falls away. This is happening. They were some youths that were arrested a few days ago and they gave the police $30 and they were released. This is what is happening. The law should really look into such issues which tarnish the police service. It does not matter whether it was the “Force” but now that we are transforming the “Force” into a “Service” then we need to eliminate such. With these few words, I want to thank you.
*HON. SEN. TONGOGARA: I would like to start by thanking the Hon. Minister because he is doing his best to transform our Police Force into a professional Police Service. I wanted to ask that with these amendments, is there an indication of how working conditions are going to be addressed so that the police will be able to work within a conducive environment wearing their uniforms and going to work with incentives. I thank you.
HON. SEN. DR. MAVETERA: Thank you Mr. President for giving me this opportunity to add one or two words on this very important Bill which has been brought to the House by the Hon. Minister. I think I should start by applauding the Minister for bringing this Bill in this august House. I have witnessed that in the past few weeks, the Minister has been up and down trying to bring so many Bills to this august House to try to align all our laws with our Constitution. This effort must continue and we applaud the Minister. I hope within the next few months, we should probably have 80- 90% of our laws aligned to our National Charter which is our Constitution.
I think this Bill is also very important as it re-emphasises the function and the role the police should play in a democratic country. It emphasises that there should be non-partisan and be professional in character, not to affiliate to any political establishment but to service the people of Zimbabwe. I think it is quite befitting that the amendment so it fit to change, like my other Hon. Senator has said, from calling it a “Force” to a “people’s service”. I am sure this should be buttressed by re-orientation of our police to fit into the new status which we expect them to do as a nation.
I think the Bill went on to clear some other grey areas which were not found in the previous laws where “police force” is an executive organ and should comply to superior authority but we had other clauses or sections in the previous Charter where the police commissioner will be just be given advice but he was not obliged to comply or do anything. He was, for lack of a better word, he would use discretion and we cannot have the police using discretion for things to do with the State because a state is an organised system. The fact that now the police force and the Commissioner General, when he is given advise from superior authorities, be it Minister or other State constitutional organs like the ZHRC, the police is obliged to comply and implement. I think that is quite a major development and we would really convert our police force to a police service that service the people of Zimbabwe. With these few words, I want to thank the Minister for bringing this Bill to this august House to align it with our national Constitution.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I want to thank the Hon. Senators for the debate and support towards the enactment of this Bill. Firstly, I want to thank Hon. Sen. Komichi for his comments which were largely positive and I agree with Hon. Komichi that perhaps after the Bill has been passed, there is need for our police service to be oriented in terms of the new architecture of the law so that they transform themselves to comply with the law. I agree with that.
I also want to thank Hon. Sen. Tongogara for her contributions and question with regards to whether the Bill touches on conditions of service of police service. We have a Police Service Commission that is tasked with employment and conditions of service of the police service just like we have the Defence Service Commission and the Prison Service Commission. These commissions’ major function is to look into the conditions of service of these line security sector forces. That is taken care of in our legislation and not specifically in this alignment but in terms of the establishment of the Police Service Commission; this function is taken care of.
Hon. Sen. Dr. Mavetera, I want to thank you for your contributions. I agree with you that there is need in future to have refresher courses just like what Hon. Sen. Komichi said so that we reorient our police services to the new dictates of the law. I also want to thank him for his generous comments with regards to the movement of Bills within Parliament.
Having said that Mr. President Sir, I now move that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
POLICE AMENDMENT BILL [H. B. 2A, 2022]
House in Committee.
Preamble put and agreed to.
Clauses 1 to 20 put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
POLICE AMENDMENT BILL [H. B. 1A, 2022]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, I move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
SECOND READING
INSTITUTE OF LOSS CONTROL AND PRIVATE SECURITY MANAGERS BILL [H. B. 5, 2021]
Third Order read: Second Reading: Institute of Loss Control and Private Security Management Bill [H. B. 5A, 2022].
HON. DR. MURIRE: Mr. Speaker, I rise to present the Second Reading of the Institute of Chartered Loss Control and Private Security Management Bill. This Bill has got a background with the intention to professionally control the operations of private security management. It is the responsibility of the State to provide security to its citizens, but the world-over, States are overwhelmed with that obligation to the extent that they are no longer capable of providing security to citizens wherever and whenever it is required.
It is obvious and certain that private security management has developed to fill in the gaps. If we come to our country, we will see that security in Zimbabwe per se is mainly provided by private entities to the extent that the workforce in private security is now much more than that employed by private security. On that background, I am proud to say it to the House that I am the author of the first curricula of professional security management training in Zimbabwe. That was ten years ago and with that curriculum, security management and loss control is now a profession. We now have people who have graduated with First, Masters and PhD degrees in Zimbabwe but there is no professional institution or regulating authority which can monitor their professional performance.
It is on that basis that this Bill has been introduced in this House. I therefore go through the principles of this Bill. The Bill seeks to provide for the establishment of the Institute of Chartered Loss Control and Private Security Managers; to provide for the establishment of a council; to provide for matters connected or incidental to the foregoing. The proposed law introduces professional best practices in loss control and private security management occupations, in particular the individual clauses provided as follows:
Part 1, Clause 1, provides for the short title of the Bill. Clause 2 provides for interpretation of terms used in the Bill. Clause 3 provides for application of the Act and Clause 4 sets the objects of the Bill. Part 2, Clause 6 affords the opportunity for establishment of the Institute of Chartered Loss Control and Private Security Managers which shall be a professional association and a body corporate capable of suing and being sued in its own name. The functions of the institute are listed in Clause 7 which includes liaising and collaborating with its members in practice, business and employment in accordance with its mandate.
The institute shall be managed and directed by a board known as its Management Council. The Management Council shall consist of 13 members as set out in Clause 9 and shall function in accordance with Clause 9. For the day to day administration of the institute, the council shall appoint an Executive Secretary who shall be assisted by officers the council considers necessary as given in Clause 2.
Parts 3 and 4; the Registrar of loss control and private security managers and application for registration are provided for in Clauses 12 and 13 of the Bill respectively while Clauses 14, 15, 16 and 17 provide for the manner in which a person will become a member, annual general meetings, and extraordinary meetings and that the institute shall publish a Code of Conduct that directly addresses the professional conduct of loss control and private security managers.
Mr. Speaker, Parts 5 and 6; Part 5 contains two clauses. Clause 18 provides for the funds of the institute which shall be managed by the Treasurer and subject to audits in terms of Clause 19. Clause 6 contains a reciprocity clause which provides that where any country specified by the Government, by notice in the Gazette prevents citizens and residents of Zimbabwe from becoming members of any institution similar to the institute and subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practice the profession of loss control and management in Zimbabwe under the name of the institute.
Clause 21 provides that the Minister, after consultation with the council, may make regulations providing for all matters which by this Act are required or permitted to be prescribed or which in his or her own opinion, are necessary or convenient to be prescribed in order to carry out or give effect to this Act. Mr. Speaker, these are the principles.
The framework under which this institute is envisaged to operate is similar to that of the Public Accountants which is a self-regulating body. It is similar to the Institute of Engineers as well as the legal practitioners. This Bill has been presented with sight that private security and loss control is now a profession like I earlier on said. We have got a pool of qualified people who are employed as private security directors, private loss control managers in various organisations including the RBZ, Econet Wireless, ZESA, CBZ and UZ, to name just a few organisations.
I am proud to let the House know that within this profession, we have posted one of our graduates who is now a Chief Security Officer for the Qatar Airline who graduated from institutions that we are operating in Zimbabwe, yet locally there is no professional body to accommodate them. Most of those who are now regarded as professionals are affiliated to international organisations like the Chartered Institute of Security Management in United Kingdom where our members are now affiliated, paying exorbitant fees in foreign currency, the foreign currency which we are very much in need of, yet we can have our own local self-regulating professional body.
The two members - currently Mr. Chidyamoto who is internationally renowned as the Chief Security Officer for the Africa Development Bank has graduated from these institutions. He is a Chartered Security Manager affiliated to UK yet we can have our own. I therefore present this Bill for a second reading.
I now move that the Bill be now read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
INSTITUTE OF LOSS CONTROL AND PRIVATE SECURITY MANAGERS BILL [H. B. 5A, 2022]
House in Committee.
Clauses 1 to 27 put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
INSTITUTE OF LOSS CONTROL AND PRIVATE SECURITY MANAGERS BILL [H. B. 5, 2021]
HON. DR. MURIRE: I move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
On the motion of HON. SEN. MUZENDA seconded by HON. SEN. MOHADI, the Senate adjourned at Sixteen minutes past Four o’clock p.m.