PARLIAMENT OF ZIMBABWE
Wednesday 21st April, 2021
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
THE HON. PRESIDENT OF SENATE: Before we go any further, may I remind Hon. Senators that we still maintain social distance, so those who are close to each other please maintain social distance.
ANNOUNCEMENT BY THE HON. PRESIDENT OF SENATE
BILL RECEIVED FROM THE NATIONAL ASSEMBLY
THE HON. PRESIDENT OF SENATE: I have to inform the Senate that I have received the Constitution of Zimbabwe Amendment (No. 2) Bill [H. B. 23A, 2019] from the National Assembly.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE (HON. DR. SHAVA): Madam President, I move that Orders of the Day, Numbers 1 to 4 on today’s Order Paper be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
MOTION
REPORT OF THE 2021 VIRTUAL HEARINGS AT THE UNITED NATIONS ON FIGHTING CORRUPTION TO RESTORE TRUST IN GOVERNMENT AND IMPROVE DEVELOPMENT PROSPECTS
Fifth Order read: Adjourned debate on motion on the Report of the 2021 Virtual Parliamentary Hearing at the United Nations.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Thursday, 22nd April, 2021.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam President, I move that we revert to Order of the Day Number 3 on the Order Paper.
Motion put and agreed to.
COMMITTEE STAGE
MARRIAGES BILL [H. B. 7A, 2019]
Third Order read: Committee Stage: Marriages Bill [H. B. 7A, 2019].
House in Committee.
Clause 1 to 2 put and agreed to.
On Clause 3:
HON. KOMICHI: On a point of Order Hon. Chair. I do not think Hon. Senators have got documentation around this. I have been trying to check on my gadget.
THE CHAIRPERSON: I am told the second reading was done on 7th April, so it was circulated on your gadgets.
HON. KOMICHI: I have been checking on my gadget and it is not there.
THE CHAIRPERSON: The staff is telling me it was circulated.
HON. KOMICHI: Do they have hard copies because there are some issues that we want to debate, so without something to guide us it will be difficult.
THE CHAIRPERSON (HON. NYAMBUYA): Can you please go through your gadgets and check through your email for 23rd March, 2021. Have you seen it?
HON. SEN. KOMICHI: Yes, it is there.
THE CHAIRPERSON: Hon. Sen. Komichi has seen it and it implies that it indeed it was sent to your emails on the 23rd of March.
Clauses 4 to 8 put and agreed to.
On Clause 9;
HON. SEN. CHIEF MTSHANE: Madam Chair, the appointment of chiefs as designated marriage officers is no different from the appointment of the embassies and the ministers of religion. They are both appointed by virtue of their offices. If you read Clause 9 (2) (1), it says “Any Chief by virtue of his or her office as long as he or she holds such an office, may be designated a marriage officer for the district in which he or she holds office by the Minister, at the request of that chief and in accordance with such conditions as the Minister may prescribe” – Why should there be a condition for the chief to sort of apply to the Minister who will put conditions for his appointment when this does not apply to other marriage officers?
HON. SEN. CHIEF NGUNGUMBANE: Still on Clause 9, I would want the Minister to clarify – “...any chief by virtue of his or her office and as long as he or she holds office, may be designated as marriage officer...” – that is discretionary. Why that word “may” because it is up to the Minister. The Minister can approve or disapprove. In a way, it creates discrimination. I think by virtue of me being a chief, I automatically become a marriage officer. Secondly, should a chief request to become a marriage officer – I think those are the issues the Minister should address that once I hold office, it is automatic. I should not request but the virtue of the office that I occupy, it should be automatic.
HON. SEN. CHIEF SIANSALE: As alluded by my fellow chiefs, chiefs are the custodians of customs and culture. As such, it defies logic to find them being compelled to apply to become marriage officers on customary marriages. I wish that statement could have read ....
Hon. Mutodi having entered the House and speaking to Hon. Sen. Parirenyatwa.
THE TEMPORARY CHAIRPERSON (HON. SEN. MOHADI): Order, order. There is a stranger in the House.
Hon. Mutodi walked out.
HON. SEN. CHIEF SIANSALE: Thank you Madam Chair. I was about to read my plea, that the statement should read - “every chief shall by virtue of his or her office and so long as he or she holds such office be a marriage officer for a customary law marriage in the district in which he or she holds office”. I think it is clear and straight forward.
HON. CHIEF MAKUMBE: I am quite astonished to say the last part of that sentence which reads - “with such conditions as the Minister may prescribe”, what conditions are we talking about and who gives the Minister the discretion to put conditions to a marriage officer when other marriage officers do not have any conditions set before them.
HON. SEN. KHUPE: I think I am more or less of the same opinion with our chiefs but I would want to say the statement should read, ‘by the operation of the law, as soon as His Excellency signs the Bill into an Act, every Chief becomes a marriage officer’ because I do not think we need to discriminate against chiefs. In as far as I am concerned; I regard all chiefs as of the same status. I thank you.
*HON. SEN KOMICHI: Thank you Hon. Chair. I agree with the people who have debated before me that chiefs should be marriage officers without any conditions because they are the people’s leaders. Most people in the rural areas cannot go to the district offices or to the provincial cities because it is very difficult to travel. So, people in the rural areas are closer to their chiefs who should be given the opportunity and right to officiate in marriage ceremonies without any conditions. Chiefs are well known by most rural people. Many times, we see that people who get married before the chiefs are very free because they respect them. Marriages that take place before the chiefs are very difficult to destroy or to divorce because they know how people live. This will help us to uplift the offices of the chiefs so that they are respected by the people they lead. Chiefs join families together in marriage and it is very pertinent for the office of the chiefs to be uplifted. What the chiefs have said should be taken as it is that they should be automatic marriage officers without any conditions. I thank you.
*HON. SEN CHIEF CHARUMBIRA: Thank you Chair. I want to support what has been said so that it is seen as a collective thing not an individual thing. The import of a clause which says chiefs shall have to apply to the Minister and the fact that it does not exist in respect to heads of diplomatic missions, our civil servants. Someone from the University of Zimbabwe with just A levels works in the Ministry of Foreign Affairs and International Trade, 27 years down the line he or she goes to a particular mission and becomes head is taken to be more respected, trusted and we have more confidence in that civil servant than a chief. This is demeaning to the institution of the chiefs. Kuitarisira pasi zvikuru and we would not accept this. If this clause existed alone without other clauses which say other people are not subject to certain applications, maybe we would take a different view. But the fact that the next one says these others are automatic, we feel very much demeaned as an institution. In fact, if you go to Section 282 of the Constitution, this is discrimination of an institution. When one is appointed a chief – all chiefs are equal. So, you cannot by operation of this Bill, start grading them and say uyu anoita uyu haaite. It is very contradictory coming from the Minister of Justice because the Customary Law and Local Courts Act does not have such a provision where a minister has the discretion to say this chief can preside over a local court which is a primary or customary court and this one does not qualify. By virtue of that office, every chief anotonga mhosva which is a greater challenge than sitting as a marriage officer because in a judicial function, the processes are more complex. The judgements are more complex and enforcing the orders is more complex. So if the reason is havana kufunda, then we should as well withdraw from them, the judicial functions which are even more complicated compared to people coming in front of you with your proper papers in place and asking them whether they are married or not and then papers are signed. I think Minister, in my view, we should not even belabour this point. This would not go well and I want to support the proposed amendment which again, for emphasis, reads as follows: ‘every chief shall, by virtue of his or her office and as long as he or she holds such office be a marriage officer for a customary law marriage in the district in which she/he holds office.’ I submit that this is a very serious amendment. I thank you.
*HON. SEN. SIPANI-HUNGWE: Thank you Chair. I agree with what the chiefs have said that we are people and the chiefs’ jurisdiction is in the rural areas where there is violence. We find that our chiefs are champions when it comes to conflict resolutions. So why do we not just take them as they are. If we think that our chiefs are not educated, there should be no segregation or any conditions attached. We have pastors who are officiating in marriages. If it is difficult we should take them and educate them and train them in officiating marriages. I do not think we have dull chiefs here because as it is – it is like we are putting them at a certain level. I think the Minister should take time, even three months or one year training them on how to officiate marriages. I am supporting the others that chiefs should be marriage officers.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENARY AFFAIRS (HON. ZIYAMBI): It is more or less the same issue that is being repeated and there is nothing new that is being said. With your leave, I think the rules allow that if debate becomes repetitive, we can proceed. What I can see is that people just want to contribute as if contribution is voting. I think the point has been made. The rule allows that if debate becomes a repetition of what others have said, we can proceed. So, Hon. Chair if you can rule on that?
THE HON. TEMKPORARY CHAIRPERSON: Thank you Hon. Minister. I will ask you to respond and if anything has been left then we can continue.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon. Chair. This clause does not in any way demean the institution of traditional leaders, that is the first thing that I want traditional leaders to appreciate. In no way does the clause demean the institution of traditional leadership. There are two aspects that we need to address. There is an aspect whereby if one goes to marry, in our traditional culture two families get married and that is enough - that is what used to happen. Now, because of changing times and the need to secure certain rights of the parties, we came up with a marriage law – what the marriage law is doing is to secure the rights of the parties.
In the past, it was that if there is an issue, people would go to the traditional court for the solution to that problem. Having said that, what it means is that the Marriage Act is administered by Government and the person being referred to as the Minister may prescribe is the person who administers the Marriages Act. So, it is not that the Minister is more important than chiefs. Let us remove that notion. It is just an administrative aspect that there must be somebody to administer the Act to ensure the rights of the parties are protected. What we need to appreciate is that they do not become automatic marriage officers.
So, reference to say that a pastor also solemnizes marriages is not automatic - this Bill does not say it is automatic. This is because he is not in the employ of the State. Those that are in the employ of the State are trained by the State. The Bill is silent because you are answerable to an employer. The chief and religious leaders are not answerable directly to the employer, hence they need to formalise that relationship with the State so that they can be given the licence to go and solemnise marriages. What we are simply saying is that if a chief so desires, we are giving them an option.
If a chief desires to be a marriage officer on behalf of Government – because once you become a marriage officer, those that have been to weddings, they always say ‘by the power vested in me by the State’ or ‘by the Government of Zimbabwe.’ We are saying that person who has vested you with the authority has certain minimum standards that they want to be adhered to. If you are an Ambassador, you will be trained when you are posted and this is what we expect of you in respect of 1, 2, 3 or 4 areas.
If we just say that if traditional procedures are followed you are now a chief, people will just go there with no training whatsoever. It is not a restrictive condition but to ensure that there is a certain level of control and regularisation so that the rights of the people that are wedding are protected. Otherwise, there will not be any need for a marriage certificate. The marriage certificate carries with it certain rights and obligations that accrue to the parties that should there be a dispute and you put it forward, the dissolution of that marriage will follow certain rules that are prescribed by the law.
So, there is no disregard of traditional leadership whatsoever. There is no need for traditional leaders to say they have been looked down upon, there is nothing like that. In fact, it will edify your work because once you do the formalities, there will be certain things that will be highlighted to you and that knowledge is very important to the function of traditional leaders. I heard the chief saying all chiefs are equal.
We agree because we are not demeaning any chief. What we are simply saying is we want chiefs to be made alive to what they would be doing in terms of solemnising the marriages of their people. I plead with the chiefs that this is a very progressive clause that we cannot remove because if we remove it, it means that Government will now accept marriages that may be void without any control or without any training of the very people that they would have allowed to be marriage officers. I submit Hon. Chair and plead that we proceed with the Bill.
HON. SEN. DR. MAVETERA: Thank you Madam Chair. I know I have heard the Minister has put up a spirited defence to his position but that position to me and to all progressive Africans or Zimbabweans does not stand for the following reasons. Hon. Chair, all chiefs are officers of the court and the Minister can testify that. If they can all be officers and preside over cases within the community - if anything, according to our judicial system, the chiefs handle more cases than our courts at Rotten Row. So what is so special about marriage? In fact it goes to the root of our culture and should be within the custodian of the chiefs.
Whether or not the Hon. Minister says that he is not demeaning but he is definitely demeaning. We cannot and there is no defence for that. If he wants to separate chiefs then he should not put the name chiefs and just go and nominate people for training. The office of the chief is not a person but an office, so it cannot be separated because Mavetera is there. You will need to train. We cannot forgo the need to upgrade that aspect of the law to the chiefs and try to just say, ‘You are’, I think it is actually demeaning. You cannot get any other description than that. It is demeaning, discriminatory and as an august House, we cannot pass a law that is ultra vires to the Constitution. Section 56 of the Constitution states that there should not be discrimination and what is the definition of discrimination is aptly described in the Constitution. When something is done to someone when you are equal but something is done on this one, it is not done with that discrimination. You do not need to describe it any better than that. So I humbly submit Madam Chair, that I do not think we should waste time discussing this. All chiefs must be marriage officers. I submit.
THE DEPUTY CHAIRPERSON OF COMMITTEES: I kindly request that if we are on the same subject, let us not repeat things that are said by others. – [HON. SENATORS: Inaudible interjections.] - I am not closing you down, you can debate.
*HON. SEN. CHIRONGOMA: Thank you very much Madam Chair for giving me this opportunity. The chiefs here have explained the law so that they become marriage officers. As we were growing up, laws were instigated by the whites who did not even know our surnames. In 1971, I went to wed in Chivi and on our marriage certificate was written ‘Joseph to Muchayemura, you are now married’ and that law was meaningless.
With the sitting chiefs that we have, things must change and chiefs must be more empowered. Our chiefs are very much liked and respected in the rural areas, so let us empower them. When they become older, they are assisted by their aides in those courts. Chiefs must be given unconditional power to be marriage officers that is what we used to request for. If chiefs were found to be unjust in their rulings during marriages, the whites would revoke the certificates. Now, we are saying that chiefs should have unconditional authority to become marriage officers. Like the clause that was put forward by the President of the Chiefs’ Council that clearly explained how the chief’s authority must be retained. The clause should not say, ‘may’, it should not be optional, Chiefs should be given enough authority since we have been independent for some time. I support the fact that chiefs should be allotted unconditional authority.
HON. SEN. CHIEF NECHOMBO: Thank you very much Madam President. If our Constitution could come to my aid. Section 16 of the Constitution states that “(3) The State and all institutions and agencies of Government at every level must take measures to ensure due respect for the dignity of traditional institutions.”
As traditional leaders, we are institutions and when we are saying ‘may’, surely we are going contrary to Section 16. Again, Section 16 (1) states that – “The State and all institutions and agencies of Government at every level must” - it is not optional “promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.” Thank you.
HON. CHIEF SIANSALI: Thank you Madam Chair. Listening to the Hon. Minister’s argument, he said that there is some enlightenment that is required in order for one to be a marriage officer - fair and fine. If there is some enlightenment that he as the Minister ,feels that whosoever becomes a marriage officer should undertake, then let him teach us; we are open to any lesson. As I am debating, I am debating in English but the marriage that I am going to oversee will be conducted in chiTonga but I have been overseeing marriages for my own people … - [HON. SENATORS: Hear, hear.] – And no English is required. So what can be so difficult for me to administer if I can debate in English? What can prevent me from administering marriages to my people in our mother language? I do not see anything difficult there.
Furthermore, the Hon. Minister is the Minister of Justice, Legal and Parliamentary Affairs where all chiefs are judicial officers. The Hon. Minister and the House can confirm with me that all chiefs are appointed as chiefs and by the operation of the law, they start presiding over cases without any coaching. So, is the marriage aspect so technical such that one cannot partake? Whereas we think that judicial functions are highly technical but the Minister has never said that he wants to train the Chiefs so that they can be judicial officers. What is so special about marriage that is not present in handling of cases? Honestly, speaking, yes, like I debated last time, we should desist from flavouring our laws in an afrocentric manner. We understand our schooling is made by Europeans and as such, we have been paneled to think European ways only. It could be very proper that these laws that we are formulating now we formulate them in an afrocentric flavour because we are Africans. We have gone through times and we have seen the effects of these laws that were enacted by the whites. This is the opportunity now, a law is not changed every day, let us make a correct thing once and for all and we do good for generations to come. Imagine in this time and era, we still make a law as if there is any European in the Senate. As, black, can we still think that way?
Customary marriages are to do with the customs of the concerned people. As such, I do not see any difficulties in administering such. Madam Chair, for progress and for this Bill to be sound and make sense in the communities, I submit that the changes mooted be taken into consideration. I thank you.
*HON. SEN. CHIFAMBA: Thank you Madam Chair. I proffer that we give our Chiefs the powers that they deserve. In the past, a husband would be asked to pay five cattle and if he pays three, the Chief would write down the remainder. Those marriages were lasting as compared to today’s marriages which do not last. I am saying these ceremonies should take place under the traditional Chiefs. These days it is now expensive to divorce. So, let us allow Chiefs to administer marriages. These days marriages are being taken for granted. They are being regarded as modern because we are using foreign culture in our marriages. These young people no longer take marriages seriously because you can go to the magistrate, you wed and after three months you divorce. Let us allow Chiefs to be marriage officers because they can control these issues. A Chief can ask you why you want to divorce just after three months of marriage. We want to see whether these marriages will continue breaking down or not. Thank you.
HON. SEN. CHIEF NGUNGUMBANE: I want to thank the Minister for his explanation. We are not against the right of the parties to the marriages, no, we are in full agreement with you Hon. Minister. That is point number one. Point number two Hon. Minister, if you read that sentence, to me it is discriminatory in two ways. The first one is when I become a Chief, I have to apply to you as the Minister administering this Act. The word may, means that you can use your discretion to approve or disapprove that application of a Chief. To me Hon. Minister, that creates discrimination amongst the institution.
It also gives the Minister certain powers to deny a Chief those powers to become a marriage officer. Because if you say ‘may’ it should be put explicitly clear to say if you disagree, the Minister has to put the reasons in writing. That clause does not talk to that. So, this Statement is discriminatory amongst Chiefs themselves.
Also, you have correctly alluded to the fact that we are Government marriage officers; your magistrate, Chief and heads of Embassies but if you look at Clause 8, it says ‘every’ and for a Chief it says ‘any’, can you see disparity? Every magistrate by virtue of his or her office, as long as he or she holds such office can be a marriage officer for the district in which he or she holds office. If you come to the same Government marriage officer who is a Chief, you see the discrimination, ‘any Chief’, that is discriminatory ‘by virtue of his or her office as long as he or she holds such office may’. At the beginning, magistrates are not subjected to that clause, ‘may be designated as a marriage officer for the district in which he holds office by the Minister at the request…’ Why should I request to be a marriage officer when the magistrate and the head of embassy does not request? Why discriminate between and among Government marriage officers?
Clause 10 states that every head of Embassy of Zimbabwe in a foreign state territory, diplomatic or consular mission in a foreign state ‘shall’, the word ‘shall’ is a command, you must without failure by virtue of your office. We would expect Hon. Minister, in our different categories as marriage officers, to be accorded the same respect and the same obligations that are expected of a marriage officer. I thank you.
*HON. SEN. CHIEF NGEZI: Thank you for giving me the opportunity to debate on this Bill. My request Hon. Minister is, can you rectify this problem. As custodians of culture, we think we have the custody of the people including yourself. You are now reducing the dignity of the Chief compared to foreigners who come here, trained and become marriage officers. You are a black Minister, we do not have whites here, we are always crying that may be the whites are coming back through the blacks just to denigrate or to reduce the gravity of our culture. As we celebrate Independence, I realised that we have disguised whites amongst us who are fighting against the Chiefs as well.
The other thing is this land which was once colonised by the whites belongs to the chiefs. We as the chiefs are the ones who suffered and we realised that we are the ones who lost a lot, but I see that it looks like our own son is now fighting us. So may you please go and think again to really tell us whether we are together or you are against us.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Chair. I want to talk on the word demean. I want clarification on the word demean. It is about perception. You may be the only one who thinks there is no demeaning and yet everyone else can see that the chief has been demeaned. We have been demeaned. That is how we see it because we are seeing it differently.
On the second issue - you were very fast, but you said long back marriages did not have rights. The African marriages had rights. If you take someone’s daughter there are certain things that you were supposed to do. There are so many rights which you have reduced. Why are people saying we do not bury our daughter because you did not pay lobola? Those are rights, so you cannot say our customary marriages did not have rights. I think that is leading to divorces because the rights that were there are no longer there, because they are being diminished.
Then on the point that civil servants were trained by the State; first of all, for a chief to be a chief, they are appointed by the President. We were appointed by the President. If a chief does not perform well, we take it to the President. You cannot liken us to the pastors. We are within the law, unlike pastors. We are within the law because we have been appointed by the President and if a chief misbehaves, we have mechanisms to deal with errant chiefs. We have training programmes as chiefs. If you feel some are not educated, what do you need to learn in your vernacular? Even the magistrates and the judges, those who did law, we see them going to workshops and annual training. As chiefs we do not have that. You should fund us so that we do capacity building. If you train others why do you not train us? Diplomats are trained so why do you not train us. That is the question. Train the chief so that we are the same.
We work within the State. That is why we are given monthly allowances and cars. We do not belong to the Churches because they do not have allowances. The Minister said that if we do not do this, we want to protect the people’s rights as if chiefs are there to infringe on people’s rights. If there are people who are custodians of the country, they are the chiefs. Those are trustworthy.
This is a long debate. What you are saying that the chiefs should not be displaced, they are the owners, the custodians of this work. Like Sen. Chirongoma said, the chiefs would officiate even during the colonial era, but there were no conditions or strings attached. Our parents were married by the chiefs because they knew that chiefs help people and they should marry the people. The whites gave us those rights to marry people. You can spend the whole day but this issue is clear, they should go and amend. Forty one years after independence and then we accept to be treated like that? We refuse that. Thank you.
*HON. SEN. CHIEF MAKUMBE: Thank you Madam Chair. I would like to urge the Minister to think deeply because like in some districts, there will be one chief. If that chief for example may not be a marriage officer because the clause says ‘may’, how will the people look at each other if Makumbe people cannot get a marriage office because their chief is not a marriage officer and they have to go to another chief? What will then happen? What have we sown as a Government?
I am glad that this Bill comes two days after celebrating independence. We should make laws for Zimbabweans in Zimbabwe. For a chief to be installed we got through a rigorous vetting process. Our documentation goes through to all offices and the chief is finally appended by the office. Why then do you want to reduce the chief’s power of just signing using a pen? Those who have all those powers, the marriages that they presided over still fell away through divorces, but as a chief when I preside over marriages I do it openly and there will be well known witnesses according to our culture. So this really means we are being demeaned by that clause that says ‘may’. Such a description is to say my father may become my father if he has money. Is that a description that you can give of a father?
So he should also consider that we pass a lot of Bills here, even those that we may have reservations on because we do it for the sake of progress. It should be known that all the chiefs should have equal powers to preside over marriages. That actually brings hatred amongst people. We are saying as a country we must be united. If Makumbe people have to go to Chief Nyashanu for a wedding, that creates enmity. I thank you.
*HON. SEN. CHIEF NTABENI: Thank you very much Hon. Chair for the opportunity that you have given me. We have said a lot of things. The Minister may be quiet but I am sure he is aware that this Clause has been rejected. Even in the Bible, it is written the chief is a chief of all people including the educated and uneducated. Chiefs preside over all these people. If the Minister’s cattle graze in someone’s field, I can summon you to my court. If I summon you to the court, you will be satisfied that indeed you are the subject to the chief but here you subject us to this and it makes us feel inferior.
If you ask anyone you meet, they will tell you that they met a chief by merely observing at the chief’s badge. People are not able to tell who you are if they come across a doctor or a lawyer. If you meet a chief or a uniformed force, you will rejoice and feel relaxed that you are in Zimbabwe. I am surprised that our own children who are Zimbabweans want to treat us that way. Even if the chief is not educated academically, their role is to manage their people. Even if the chief did not go to an academic school, that is not an issue at all. A chief presides over everyone else. People take pride in their chief. It is pathetic if I were to hear that a chief has to be subject to certain conditions. I thank you.
*HON. SEN CHIEF NHEMA: I would like to say a few words in contributing to this debate. The Minister is saying that because he represents people but we are also saying what we are saying as representatives of the people as well.
Why does the Minister not ask each and every chief to bring the people they represent because I do not think the people the Minister purports to be representing are our people as well? We are merely expressing what our people .....
The Minister of Justice, Legal and Parliamentary Affairs having gone to consult with Ministry officials.
- [AN HON. SEN.: He is not even listening to what we are
saying, that is demeaning.]
HON. ZIYAMBI: Zvino tikasvika ikoko ndipo patinonetsa muParliament. I cannot even answer back. I have been consulting and you are saying it is demeaning, I will end up being unable to answer because ndinenge ndakuti ndiri kushora vanaMambo.
THE TEMPORARY CHAIRPERSON: Can we have order in the House please. Let us have order and let us respect this House. It is not a House whereby you can exchange words.
*HON. SEN CHIEF NHEMA: Thank you Hon. Chair. I wanted to say a few words. The Minister is saying that he represents certain people and is protecting their rights, but we are also saying that we represent people who want us. May the Minister ask the chief to bring his people to express whether they want to have their marriage solemnised by the chief? That is all. I thank you.
*HON. SEN. MOEKETSI: Firstly, I would like to appreciate that this august House is for mature people, which means that there is a reason. Let us not overburden the Minister. As he consults, maybe there are some people who are saying no, we cannot leave this House if this Bill is not passed. Let us not pass this Bill if we do not support our chiefs. Let us not overburden the Minister because perhaps someone is saying that this Bill must pass at all cost but as Senate, we are saying this Bill should not pass if we do not restore the dignity of our chiefs. I thank you.
*HON. FEMAI: Thank you Madam Chair. I will not dwell much on this. Let us not give enemies to oppose the chiefs’ marriage power in order for them to snatch other people’s wives.
*HON. CHIEF CHIKWAKA: I have observed that this Bill might raise people’s emotions but the intention is to come up with a good law that is going to live forever, even beyond our lifetimes. Truth be said, this law as was said by others does not treat the chief well because it now requires the Minister to decide whether it is appropriate or not for the chief to officiate or to be a marriage officer. What are the demerits or merits that the Minister will will look into in determining whether the chief is fit to be a marriage officer? Our Members of the community, once given a particular chief accept the chief as he/she is, regardless of educational qualifications.
I am a Grade 7 person but there are professors in this august House who even applaud when I speak. We should not belabour the point by taking two steps forward and 10 steps backwards in as far as our culture is concerned. If the truth be told, the Hon. Minister in his heart has the chiefs at heart. Some of the things he does not like but these are some of the issues that were brought before the august House so that we can share. In debating these issues, we have divergent views. So, I urge that Hon. Members remain calm and come up with a good thing. Chiefs should not be treated as one size fits all. Chiefs are different and it should be different strokes for different folks. We know that the customs prevailing in Chikwaka are not the same that apply in Chief Siansali’s area. We conduct these marriages in accordance with our culture and the area of jurisdiction.
Yesterday we had a workshop on capacity building with the gender community. We were looking at gender equality and as chiefs, we used to think in the past that gender simply means something to do with women but after the workshop, we were trained and we went and also enlightened our people. If there are certain issues that need to be solved such as our being asked to attend school where we are taught about how to officiate as marriage officers, we can be inducted but bear in mind that among the chiefs, there are some with degrees, some are lawyers, professors and others are in various fields.
This is why you find us being able to disseminate. We interpret the law because we have made it and we observe that some of these things are against our tradition. So, if we do not allow some of our customs, it would mean that we are now disrespecting our culture. Maybe the Minister has to look back into this issue and put this in abeyance and revisit the issue so that tomorrow we can come up with different views. Some of our advisors may not appreciate our customs, so they should see the beauty of what the chiefs are saying because the chiefs are the custodians of our culture and repository of our knowledge system and how marriages are conducted even from time immemorial. Before the whites’ advent, our mothers would get married and wed. If you were not wedded, you were referred to as live in lovers and you were asked to formalise the marriage contract. This is what we know in terms of our culture. You are now creating hatred between chiefs and even our people when one chief is allowed to be a marriage officer while the other one is not. Let us respect the Constitution which also gives the mandate to the chiefs. We need an amendment to this particular clause so that the country, as it develops, still upholds the chieftaincy. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Chair. It is very difficult to respond because I may be accused of demeaning the chiefs. I plead that when I am responding, it is not personal. I am simply putting a position that is there and it is nothing personal for anyone to allege that I am demeaning anyone, neither am I disrespecting the chiefs. I try to explain issues as they are so that we can all understand. I am not even able to stop you from voting in any manner that you want. You can amend it and vote for it and the Bill will proceed to the next step. It is not personal. My apologies if you were offended. I would be enquiring because there are certain things that I also need to appreciate and when I said I was listening, they were also taking notes. I thank the Hon. Chief who said let us not be emotional. I support chiefs but sometimes I fail to answer because I do not know whether I would be offending someone or not.
Madam Chair, this clause as it is couched, my humble submission is that it offers a lot of respect to chiefs. The moment I say ‘chiefs shall be’, I cannot train them. The law says ‘you must be’ – once you are a chief, you are a marriage officer and then you cannot do anything because by virtue of you being a chief I am supposed to give you papers and you proceed to solemnilise marriages with no questions asked. That is what the word ‘shall’ means. But ‘may’ is not a demeaning word. It says you have an option and when you have an option, I do not believe we are a retrogressive State to the extent that when a chief says I want to be a marriage officer and we say there are these things we want to highlight to you, if you can have training on these then you become an officer, to me that is not demeaning. However, what I am hearing is everything that is in the Marriages Bill, once you are a chief you already know.
The difference with a diplomat, an ambassador and our magistrates is that there are certain courses that we give them that we cannot prescribe in a marriage law. It is given that they will be trained on certain aspects of the law on how they conduct their work. It is not demeaning in any way but what we may create by putting ‘shall’ because where the word ‘shall’ does not allow anyone to turn right or left. You proceed and you must do it. Once I am appointed today, I am now a marriage officer. They go to the registrar of marriages and say I am now a chief, give me the books and there is no leeway to say anything.
I hear Hon. Charumbira said it is demeaning that my perception – let us not create a perception that there is a perception of chiefs and my perception. Let us try to look at it and say how do we realise what we want to realise. What we are worried about is the word ‘may’ and we then twisted it to mean chiefs are not being accorded the status that befits them. I humbly submit that is incorrect.
It has been mentioned even about Judicial Officers. To me, it is debatable. I sign the certificate for them to preside over customary courts but what do they preside over, how are we recognising it? I have said to Hon. Sen. Chief Charumbira, we need to have a discussion on this thing rather than glorifying something that at law currently needs to be relooked at and see whether we are affording chiefs the opportunity to deal with cases in the rural areas. What quickly comes into mind is the issue of why chiefs are not allowed to preside over a case of someone who will have stolen chickens and that person goes to the magistrate. Does justice come so early by so doing?
There are many things; even if you say you have the powers, what are we supposed to be looking at, going forward? On the legal language, if you see where it is written ‘shall’, if there is a chief who does believe in that, he comes to the Registrar and say let me have the papers so that I preside over marriages. If he goes to the court, the court will declare that you are the ones who put that law to say ‘shall’, and so what are you talking about?
The way it is written is that when the chief is said to be a marriage officer, the marriages that are done in this country are recognised out of the country and so we want you to be trained on that, but there is no examination that will be written. When you are through with the training you get a certificate. If we say ‘shall’, if I go back and they say you said ‘shall’, I do not know what I can say about this and this is why I said it is not demeaning.
We sat down with the chiefs and we agreed on a lot of issues. Madam Chair, we can accept the amendments and we go forward – but that is what I wanted to explain in terms of the word ‘shall’ as to what it means. ‘May’ does not mean demeaning the chief. It only means that the chief cannot be automatically made a marriage officer by simply just going to the Registrar and says he now wants to be a marriage officer in the area that he comes from. He is then told what to do when he is solemnising marriages, which makes our marriages respectable. If you say it does not matter, we accept the amendments and we proceed. Thank you.
THE CHAIRPERSON (HON. SEN. MOHADI): Hon. Minister, are you proposing that there shall be an amendment here on this Clause 9?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Yes, Madam Chair.
HON. SEN. CHIEF CHARUMBIRA: Thank you Chair. I just wanted to say that the Hon. Minister is our colleague and lawyers know the issue of ‘may’ and ‘shall’. There are some that might have read this and the ‘may’ and ‘shall’, people that wrote examinations in this august House and they passed by the use of the words ‘may’ and ‘shall’, including myself. It is not us that learnt from there. We know even the decided cases of ‘may’ and ‘shall’. Let us be a bit humble and going forward with these amendments, the head of Embassies ‘shall’ and the chiefs ‘may’. That is the crux of the matter. When you say ‘shall’ for the chief because they are training to be an Ambassador and training to be an Ambassador does only deal with ambassadorial issues. It may need to train them further in the issue of marriages, so do we as chiefs also want to learn about marriages? Once the word ‘shall’ has been used, we will run away with the entire thing beyond the mountain, but the children that had been given ‘shall’ will not run away with this Act. If the word was not there and two people were compared, we will not allow the use of ‘shall’ and ‘may’. We may spend the whole week differing on the use of ‘shall’ and ‘may’. Why would there be such a difference? That is the crux of the matter. The amendment has been read. I do not know Hon. Chair if you would want me to read the amendment. I now read that “Every chief shall, by virtue of his/’her office, so long as he/she holds such office, be a marriage officer for a customary law marriage in the district in which he/she holds office” This is the proposed amendments. Thank you.
HON. SEN. MATHUTHU: I second.
Clause 9, put and agreed to.
Clause 9, as amended, put and agreed to.
Clauses 10 to 13 put and agreed to.
On Clause 14;
HON. SEN. DR. MAVETERA: Thank you Madam Chair, I just want to know if we have a definition of some of those misconducts because it is too wide. I am not sure if I missed it in the Bill where the misconducts are outlined.
THE TEMPORARY CHAIRPERSON: Are you on Clause 14?
HON. SEN. DR. MAVETERA: Yes, on the revocation for misconduct. What are those misconducts? Is there a schedule where they are defined?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon. Chair. Hon. Chair, as to this class, they undergo training and they are given the dos and donts in a schedule. So they undergo training like there are issues to do with charging and several issues that they must not do. The Marriages Bill also speaks about certain individuals who cannot marry and even marrying people when you know fully well that the other one is already married – all those issues can be misconduct issues. So when they trained on all these things before, they are given the marriage certificate and once you violate any of those or leave your denomination, that certificate that authorises you to marry people will be revoked. I thank you.
Clause 14 put and agreed to.
Clause 15 put and agreed to.
On Clause 16;
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon. Chair, I propose the amendments standing in my name; that on page 8 of the Bill, delete sub-clause (5) on lines 30 and 31 and substitute the following subclasses:
“(5) A marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses, any questions relevant to the identity of the parties to the proposed marriage, to the agreements relating to marriage consideration (lobola or roora), if any, and to the existence of impediments to the marriage.”
Basically the amendment is to take care of objections by our esteemed chiefs regarding the issue of lobola. So we tried a median ground to say that in this amendment, we say that a marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses, any questions relevant to the identity of the parties to the proposed marriage, to the agreements relating to marriage consideration (lobola or roora), if any, and to the existence of impediments to the marriage. We thought that if we couch it this way, it will take care of the objections that were raised in terms of the lobola issue. I thank you.
HON. SEN. CHIEF NGUNGUMBANE: Thank you Madam Chair. First and foremost, I would want to congratulate the Hon. Minister for acceding to these amendments – there is common ground Hon. Minister, we appreciate.
I would want to make the following observations to the proposed amendments. Firstly, I would revert to the word ‘may’ for it is resurfacing. Perhaps if we could substitute and say, ‘shall’ and the word, ‘either’, I think a marriage is made out of two people. You have two people agreeing to marry each other and Hon. Minister, I am of the opinion that the question should be booked to both parties – that of the proposed marriages.
Then the second part where it says, ‘or to the witnesses’, Hon. Minister, we are Africans and we are saying that this Bill should capture the essence of our culture. I am pleading with you that, can we not cut, copy and paste Section 4 of the current Customary Marriages Act which provides for the following; “who must be present at a solemnisation of a marriage. A marriage to be solemnised in terms of this Act shall be solemnised by the customary law marriage officer of the district in which the woman or guardian resides. In addition, the customary marriage officer and the parties to the marriage shall be present for the solemnisation of the marriage.”
Then I am mainly interested in the role of vana tete, uauntie – they testify that these people-yes, we are here before you chief as a marriage officer. We have done all the rituals regarding marriage and they testify that the lobola component...
The Hon. Minister of Justice, Legal and Parliamentary Affairs having left his seat to confer with his officials sitting at the back.
HON. SEN. CHIEF NGUNGUMBANE: May I proceed Madam Chair?
THE TEMPORARY CHAIRPERSON: Yes, you may.
HON. SEN. CHIEF NGUNGUMBANE: Thank you. I am saying that this captures the essence of a cultural marriage and we want to see that appearing in addition to the proposed amendments by the Hon. Minister.
I am saying this because when you read Section 282 of the Constitution, one of our fundamental roles as traditional leaders is to uphold cultural and family values. In this regard, when we do this we are upholding and strengthening sound family values. In support to that amendment Hon. Minister, I propose that we add Clause 4 of the current Marriages Bills to the proposed amendments. I thank you.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Madam Chair. There is freedom of choice in Zimbabwe. You can choose what you want to apply to your marriage. If you want to leave the customary law, you go to the general law. If you want to leave the general law, you can go to customary law. If someone appears before me for a customary law, it is their choice. So, if you have given customary law, then please satisfy the requirements of a customary marriage. One of the key requirements is lobola which the Minister said yes and we want to thank him for that. Then it should not be optional for the marriage officer to say he or she can ignore to ask if any lobola has been paid, no, because that is the core of the customary law marriage anywhere. The marriage officer ‘shall’ ask not ‘may’ ask and I think to me that is an obvious amendment. When you say ‘shall’ you are giving the pillars of a customary law to the whole process. Thank you.
HON. SEN. CHIEF NECHOMBO: Thank you very much Madam President. On Clause 16, the way our Hon. Minister would want to address it - they have said that the parties would be asked if there is any consideration of roora and they go on to say if any. So, we are saying the question has been asked to both parties if there was any roora.
Madam Chair, Clause 16 which deals with this solemnisation of marriages is silent with respect to the specific requirements for contracting a customary law marriage. This leaves the proposed law not speaking with clarity, precision and predictability to what it intends to solve. The question has been asked, yes, yes we are saying we will ask if there was any marriage consideration. That is where our challenge is after asking that question. As traditional leadership, we are mindful and awake to Section 80 which outlaws customs, traditions, cultural practices that infringe on the rights of women. I submit that any argument that seeks to view the payment of lobola, marriage consideration under this spectrum or any other dimension, must be viewed holistically.
Section 26 (a) guiding objectives on marriages, Section 78 marriage rights and Section 80 which deals with women’s rights must be read together with Section 3 (d), our founding values of the Constitution which are guided by our diverse, cultural, religious and traditional values. Section 63 (b) our rights to participate in the cultural life of our choice, Section 60, the right of freedom, consent, religion, by no means do Sections 26 (A) 78 and 80 outlaw the payment of lobola.
Madam Chair, this is so because the right of consenting to marriage is guaranteed by Section 78 of the Constitution. At the same time, by choosing to contract a customary law marriage, a party would have exercised his or her right in terms of Section 63, right to participate in the cultural life of their choice. How then does this come to infringe on the rights if ever we have got such thinking? Both rights are guaranteed by the Constitution in this instance.
By choosing to contract a marriage under customary law, the obvious consequence is that you have admitted to be bound by its strictures and norms. For example, the Constitution does not make explicit reference to the issue of conjugal rights. Never the less, these come as a direct consequence of marriage. The same applies to the issue of duties and responsibilities in a marriage. All these come as a consequence of a marriage. Against this background, the payment of lobola is a direct consequence of choosing to contract a customary marriage which marriage is part of our culture as recognised by the Constitution.
Hon. Chair, by outlawing lobola, or not emphasising it or even making it optional as traditional leaders, the State would have reneged on our duty to uphold and preserve culture as contemplated by Section 16 (1). As Senate, it will be remiss of us to overlook the view of Section 16 (1) of the Constitution. Any attempt to outlaw lobola or even to make it optional as has been suggested by the wording of clause 16 it would be a bit unfortunate and may also amount to retrogression to the founding values of our nation.
In 20, 30 days or so from now we will be commemorating World Culture Day. What culture will be there for us to revere and observe if we are to pass a Bill that eliminates our rich cultural heritage? As traditional leaders, by virtue of sections 280 as custodians of culture, what would be left for us in our custom? Nothing. Whether we like it or not, acknowledged or denied lobola has been used as an African and cultural symbol of acknowledging and appreciating the dignity of women. Its absence contradicts our founding values enshrined in Section 31(a) as read with Section 16 of the Constitution.
As long as a marriage is entered with free and full consent of the intending spouses, lobola or roora is a consequencial matter of culture and does not per se infringe the rights to women. This is because Section 63 (b) of the Constitution makes it a fundamental right for every person to participate in the cultural life of their choice and in Section 16 the State has a duty to promote and preserve our cultural values and practices.
In conclusion, Madam President, I say prevention is better than cure. Section 86 speaks to limitations of rights and freedoms. As such, when parties exercise their right to enter into a marriage under customary law, they should observe the rules of the game by observing the customary law formalities. In complying with the customary law formalities, it would avoid future grievances emanating from failure to respect the dignity of our women which is expressed in the form of marriage consideration. If we look at women, we expect them to be married through paying lobola. We do not expect to just enter into a marriage without paying lobola.
To that end I propose that Section 16 must have a clause which reads,
(a) The marriage officer is satisfied that the intended husband and wife freely and fully consent to the marriage and that
(b) From the two families witnesses, it is apparent that customary law formalities have been met, given that the formalities differ from one area to the other, but the marriage officer has to ensure that customary law formalities have been met.
(c) That no lawful impediment exists to the proposed marriage. Thank you.
HON. SEN. CHIEF SIANSALI: Thank you Madam Chair…
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam Chair, is there anything different or we should continue with proceedings. Madam Chair, I think the point is made…
HON. SEN. CHIEF SIANSALI: Thank you Madam Chair if you allow me to proceed.
THE TEMPORARY CHAIRPERSON (HON. SEN. MOHADI): Proceed.
HON. SEN. CHIEF SIANSALI: Thank you for protecting me and allowing me to highlight my own thinking. Madam Chair, the discourse that I am bringing in the discourse that has been debated already is that I as Chief Siansali coming from Binga district and Tonga in tribe will cease to be a chief if I allow parties to marry without lobola being paid. It is my duty as a chief to make sure that lobola is paid and if this law being mooted will allow people in my area, which I may say my people, to marry under the customary law, which means the Tonga custom; you cannot talk about it without roora, unless if we give it another name, not to say customary marriage. As long as it is a customary marriage which when applied in my chiefdom we will be talking about the Tonga customs, then it cannot be a marriage without roora.
So we have to think on either to amend as mooted or to change the name of the marriage at all because if it is customary marriage then it has to be within the customs or those parties marrying which according to the Tonga customs lobola is key standing on number one and that is the only thing that gives it a taste of it being a marriage under the Tonga customs. Like I said before, our thinking should dwell much in the African thinking. Our thinking should dwell much in the Zimbabwean thinking as diverse as we are in tribes, but one unique thing that I am happy about Zimbabwe lobola is across uncontested.
Another thing I would highlight, Madam Chair, is that we have got choices in these marriages. If there are any people that do not want to pay lobola, they can choose other marriages that do not demand that. Moreso, I will rest assure you that everyone that marries under civil marriage will still pay lobola even though it does not compel them to do so. Why? I thank you.
HON. ZIYAMBI: Thank you Hon. Chair. I think the contribution was more or less the same. Hon. Chair, he just wanted to assert the chief but the contribution, even what Hon. Chief Charumbira said that you have a choice he repeated, what Hon. Chief Nechombo said, it is more or less the same. For progress sake I think Hon. Chief Nechombo, if you can repeat what you said. I do not think you mentioned the guardian because remember, whatever we are going to do, we must also satisfy the requirements of the Constitution. So if you can put forward the amendment that you are proposing and we move forward.
I agree with the chief. Perhaps if we had that thinking we were supposed to just leave customary law marriage and civil marriage just like that but the thinking that was there was let us have one amalgamated marriage law. Maybe the thinking here is not the same but for progress - and then we will see going forward whether that would be acceptable.
Like I said, it is not personal about me. I like what the other chief said. I also know that I was reminded that there are a lot that know about ‘shall’ and ‘may’. I was simply trying to explain, not saying that I am the only one here. No, it is not like that, but for progress let us accept and proceed. Maybe the thinking was perhaps we should not have tampered with the Customary Marriages Act in the first place. We should have left it like that, save to ensure that we align. So if he can tell us the way he wants it couched and we proceed and amend clause 16 to give effect to that.
HON. SEN. CHIEF CHARUMBIRA: Thank you Minister. We are relatives. We are united and when we debate, we debate as relatives. We propose the amendment and we are also proposing a new clause 16 (5). The current Clause 16 (5) must become Clause 16 (6) in terms of what we are proposing. Without repeating, Clause 16 (2) is meant to remove the option or aspect of lobola and it reads as follows: “A marriage officer in a customary law marriage ‘shall’ or ‘must’, whichever word you want to use; remove the ‘may’ put to either of the parties. I do not know if both was removed. It should be to the parties to a proposed marriage or to the witnesses, any questions relevant to the identity and conjugal status of the parties to the proposed marriage and to the agreement relating to the roora. We are saying ‘if any’ should be removed and the existence of impediments to the marriage.
HON. ZIYAMBI: In the original....
THE TEMPORARY CHAIRPERSON: Order, can you approach the Chair.
HON. ZIYAMBI: Hon. Chair, these are very good amendments but we need to couch them in a manner that will translate appropriately into legislation. Can we report progress then perhaps we can meet and either we extract from the current customary marriage and see how we can couch it or they can get somebody to do it and then we discuss it before we proceed with the Committee Stage. Otherwise, we will run the risk of rushing it and it will not come up the way that you would have wanted. I thank you.
HON. SEN. CHIEF NGUNGUMBANE: On a point of order. I would like to find out from the Minister whether when we meet again and looking at these proposals, do we leave out the other clauses that we have not looked at?
HON. ZIYAMBI: We will look at everything that we have not covered. If we sit and agree, it is better.
HON. SEN. CHIEF CHARUMBIRA: With your permission Hon. Chair, the approach should be to have an opportunity with the Minister to look at the whole Bill even the other clauses that we have not debated because we still have two or three proposed amendments that we have not discussed. It is better that we look at the whole Bill.
House resumed.
Progress reported.
Committee to resume: Tuesday, 27th April, 2021.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, the Senate adjourned at Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 20th April, 2021
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. PRESIDENT OF SENATE
ERROR ON THE ORDER
THE HON. PRESIDENT OF SENATE: I have to inform the Senate of an error on today’s Order Paper where two Orders of the Day were numbered as No. 4. After effecting the correction, all the subsequent orders will be renumbered accordingly. Can I take this opportunity to recognise the Hon. Minister of Foreign Affairs in our House. You are welcome Hon. Minister – [HON. SENATORS: Hear, hear.] -
MOTION
BUSINESS OF THE HOUSE
THE HON. MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE (HON. SEN. DR. SHAVA): Madam President, I move that Orders of the Day, Numbers 1 to 3, be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
MOTION
REPORT OF THE 2021 VIRTUAL HEARINGS AT THE UNITED NATIONS ON FIGHTING CORRUPTION TO RESTORE TRUST IN GOVERNMENT AND IMPROVE DEVELOPMENT PROSPECTS
HON. SEN. MUZENDA: I move the motion standing in my name that this House takes note of the Report of the 2021 Virtual Parliamentary Hearing at the United Nations under the theme, “Fighting Corruption to Restore Trust in Government and Improve Development Prospects,” held on 17th and 18th February 2021.
HON. SEN. CHIEF MTSHANE: I second.
HON. SEN. MUZENDA: Thank you Hon. President.
1.0 Introduction
The 2021 Annual Parliamentary Hearing at the United Nations was convened virtually on 17 and 18 February 2021 under the theme, “Fighting corruption to restore trust in government and improve development prospects'.” Participation was drawn from 400 Parliamentarians as well as diplomats, representatives from civil society and experts on the theme. The theme was designed to ensure a parliamentary contribution to the Political Declaration of the United Nations General Assembly Special Session Against Corruption (UNGASS 2021) scheduled for June 2021.
1.2 The Parliament of Zimbabwe was represented by the following Members of Parliament:
Hon. Tsitsi Veronica Muzenda;
Hon. Vincent Tsvangirai; and
Hon. Robson Mavenyengwa.
2.0 Opening Session
The Hearing was officially opened by Hon. Duarte Pacheco, President of the IPU and H. E. Mr. Volkan Bozkir, President of the 75th Session of the General Assembly.
In his remarks, Hon. Pacheco noted that corruption has become a cancer to democracy and requires collective anti-corruption efforts as well as political will in order to achieve Sustainable Development Goal 16 (SDG 16) “to substantially reduce corruption and bribery in all their forms by 2030”. In this context, he called for Parliaments to be guided by the 2005 UN Convention Against Corruption. This requires legislation and resources to enforce laws that have become even more urgent due to the pandemic. Hon. Pacheco also lauded the Global Organisation of Parliamentarians Against Corruption (GOPAC) for its active role in trying to reduce corruption.
H.E. Mr. Volkan Bozkir noted that corruption remains a pervasive global challenge which erodes public trust in democratic institutions. He underscored the crucial role played by Parliaments in their legislative, representative and oversight functions through keeping the governments accountable, informing governments about the challenges and aspirations of the people and translating UN resolutions into effective legislation. In the context of the COVID-19 Global pandemic, H.E. Bozkir called on Parliaments to ensure that emergency funds approved to fight the pandemic are not diverted through corruption.
In her keynote address, Ms. Delia Ferreira Rubio, Chairperson of the Board of Transparency International, highlighted the importance of the 3 Ts in fighting corruption, namely: Trust, Truth and Transparency. She emphasised that the adoption of conventions is not enough but implementation of the principles in letter and spirit is imperative. She noted the clear correlation between anti-democratic responses to the COVID-19 pandemic and high levels of corruption.
3.0 UN Convention against Corruption and Implementation Challenges and Corruption Involving Vast Quantities of Assets “Grand Corruption”
Corruption was identified as a serious threat to global security and stability. It adversely affects development, delivery of public services, especially health care which has now been burdened by the current fight against the COVID-19 pandemic.
Following presentations from lead presenters, participants were given an opportunity to share country experiences and best practices. Hon. Mavenyengwa shared Zimbabwe’s experience highlighting the following best practices:
- Creation of the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority,
- Zimbabwe's corroboration with International Criminal Justice, the launch of National Development Strategy 1 (2021 -2025), and
- National corruption laws such as Prevention of Corruption Act, Money-Laundering and Proceeds of Crime Act among others.
The following salient outcomes emanated from the deliberations:
- The 2030 Agenda cannot be achieved without tackling corruption through enacting laws to curb illicit financial flows, recovering ill-gotten assets, protecting whistle blowers and creating robust, independent anti-corruption bodies.
- In addition to good corruption laws, there is need for public awareness, strengthened public institutions and political will to enforce and implement these laws and policies.
- Ending impunity through criminalisation and effective punishment of corrupt practices is necessary.
- Enhancing regional and international cooperation and collaboration in combating corruption. Parliamentarians were identified as key players in the establishment of inter-governmental agencies and processes to facilitate the implementation of the provisions of the United Nations Convention against Corruption (UNCAC).
- The need for a multi sectorial approach, in particular, the inclusion of the participation of civil society organisations (CSOs) and the private sector in fighting corruption was emphasised.
- Despite different levels of development across regions of the world, the use of artificial intelligence is a key component in fighting corruption.
- The media, including social media, is a watchdog over the conduct of public officials and politicians. However, its role should also be regulated to curb excessive production of fake news and misinformation. The UN launch of a facility called 'Verify' to authenticate information from social media testifies the need to exercise restraint on social media.
- States can draw from the Oslo Statement (2019) which contains 64 expert recommendations on preventing and combating corruption involving vast quantities of assets.
- A proposal to create an International Anti-corruption Court (IACC), modeled on, but distinct from the International Criminal Court (ICC), was made. However, it was met with reservations amid concerns that the organ may be used to target victims from weak developing countries, while culprits from the rich powerful countries are protected.
4.0 Gender-Sensitive Anti-Corruption Policies and Key Anti-Corruption Measures: Assets Disclosure and Beneficial Ownership, Whistleblowers, and Financing of Political Parties/Elections
The Session identified the following challenges faced by women:
- Corruption undermines economic development and perpetuates poverty and may drain resources for public services that women depend more on than men.
- Political and grand administrative corruption may perpetuate gender inequalities such as discrimination against women with respect to resources, participation in politics, and access to high-level positions in public administration.
- Male-dominated decision making has even wider consequences as fewer resources may be allocated to government policies and programmes that benefit women.
- Women risk being exposed to physical abuse, sexual extortion and exploitation.
5.0 Parliament and Anti-Corruption: Good Practice and Strategies
Participants critically examined The United Nations Convention Against Corruption (UNCAC), noting that it requires member states to enact domestic anti-corruption laws. These laws are required to prohibit extortion, bribery and money-laundering.
However, it was further noted that the UNCAC does not effectively address mechanisms for enforcement of the provisions of the Convention or the domestication of laws. Its provisions against political corruption were described as weak. In this regard, the UNCAC has failed to curb grand corruption.
6.0 Gender Sensitive Anti-Corruption Policies and Key Anti-Corruption Measures: Assets Disclosure and Beneficial Ownership, Whistleblowers, and Financing of Political Parties/Elections
The following outcomes and recommendations emanated from the Session:
Parliaments play a critical role in fighting corruption through its legislative, representation and oversight functions. Parliaments were called upon to exercise their functions as follows:
- Ensuring a strong legal framework to curb corruption. This involves passing national anti-corruption legislation and creating an environment that makes corruption more difficult by promoting transparency.
- Ensuring that public resources are used legally and responsibly by monitoring government policies and activities to ensure conformity with priorities of their constituents.
- Establishing a robust whistle blower programme where women feel safe to raise concerns such as a gender-specific response team in addition to other whistle blowing channels (i.e. women reporting to women). This can be done through budget allocations and amendment of existing laws.
- Supporting gender analysis and collection of sex disaggregated data on corruption and the application of collected data, particularly in law making, oversight and representative roles.
- Participants called for gender parity in the representation of women in Parliament. Furthermore, Women Parliamentarians were encouraged to lobby their political parties to be placed in strategic Committees to help address vulnerabilities faced by women in the various sectors.
- There is need to combine targeted anti-corruption policies with efforts to empower women in governance and improve access to information through promoting and advocating for an enforceable right to information for women and men.
- Participants were called upon to further explore the establishment of the International Anti-Corruption Court (IACC). Such an international mechanism with authority and power to freeze laundered money and to investigate and punish the criminal elements has a chance of reducing corruption.
7.0 Overall Recommendations
Zimbabwe has made great strides towards anti-corruption and anti-money laundering efforts as evidenced by the anti-corruption measures adopted by the Government to eradicate corruption and build trust in Government.
However, there is a need to address some gaps in terms of legislation, for example, enacting legislation in line with the provisions of Article 32 of the UNCAC which provides for the protection of witnesses, experts and victims of corruption.
Parliament can also influence the budget allocation towards fighting corruption to ensure adequate resources to, among other issues, capacitate relevant officers as well as to facilitate public awareness campaigns.
Parliament should play its oversight function in ensuring the implementation of the various measures in place as well as the functioning of established institutions to fight corruption.
Parliamentarians, through their Chief Whips, should lobby for women Parliamentarians to chair strategic committees.
Parliamentarians should contribute towards anti-corruption efforts using a gender lens. I thank you
HON. SEN. CHIEF MTSHANE KHUMALO: Thank you Madam President for giving me this opportunity to support the report moved by Sen. Muzenda on 2021 Virtual Parliamentary Hearing at the United Nations under the theme ‘Fighting Corruption to Restore Trust in Government and Improve Development Prospects’.
Madam President, in the opening remarks of the session Mr. Pacheco in his remarks noted that corruption has become a cancer to democracy and requires collective anti-corruption efforts as well as political will in order to sustain development goal 16, SDG 16, to sustain substantially reduced corruption and bribery in all forms by 2030. Under the same opening remarks Mr. Volkan Bozkir noted that in the context of covid-19 global pandemic he called on Parliamentarians to ensure that emergency funds approved to fight the pandemic are not diverted through corruption.
Under the UN convention against corruption and implementation challenges and corruption involving vast quantities of assets-grand corruption, it was identified that corruption is or has now become a serious threat to global security and stability. It adversely affects development, delivery of public service, especially health care which has now been burdened by the current fight against covid-19 pandemic.
Madam President, the following salient outcomes emanated from the deliberations that the 2030 agenda cannot be achieved without tackling corruption through enacting laws to curb illicit financial flows, recovering ill gotten assets, protecting whistleblowers and creating robust independent anti corruption bodies. It further said in addition to good corruption laws, there is need for public awareness, strengthening public institutions and political will to enforce and implement these laws and policies.
Despite different levels of development across regions of the world, the use of artificial intelligence is a key component in fighting corruption. The media including social media, is a watchdog over the conduct of public officials and politicians. However, its role should also be regulated to curb excessive production of fake news and misinformation. The UN launch of a facility called ‘Verify’ to authenticate information from social media testifies the need to exercise restraint on social media. States can draw from Oslo Statement (2019) which contains 64 expert recommendations on preventing and combating corruption involving vast quantities of assets. A proposal to create an International Anti-Corruption Court (IACC) modelled on but distinct from the International Criminal Court (ICC) was made. However, it was met with reservations amid concerns that the organ may be used to target victims from weak developing countries while culprits from the rich powerful countries are protected.
On Parliament and anti corruption; good practice and strategies, participants critically examined the United Nations Convention Against Corruption (UNCAC), noting that it requires member states to enact domestic anti-corruption laws. These laws are required to prohibit extortion, bribery and money laundering. However, it was further noted that the UNCAC does not effectively address mechanisms for enforcement of the provisions of the convention or the domestication of laws. Its provisions against political corruption were described as weak. In this regard, the UNCAC has failed to curb grand corruption.
With these few words Madam President, I support the motion moved by Hon. Sen. Muzenda.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume; Wednesday, 22nd April, 2021.
MOTION
ADOPTION OF THE REPORT OF THE PRIVILEGES COMMITTEE INVESTIGATING CASES OF ALLEGED MISCONDUCT BY MDC-ALLIANCE MEMBERS OF PARLIAMENT
Fifth Order read: Adjourned debate on motion on the Report of the Privileges Committee Investigating Cases of Alleged Misconduct by MDC Alliance Members of Parliament.
Question again proposed.
HON. SEN. MWONZORA: Thank you very much Madam President. I just have one observation. We are being called to answer to the allegations after a judgment has been given. I read the verdict by the Committee and it finds everybody guilty....
Cellphone rung.
THE HON. PRESIDENT OF SENATE: Order, if I may remind Hon. Senators to switch off or put your cellphones on silent.
HON. SEN. MWONZORA: There is a verdict that was given by the Committee which was headed by Mr. Samukange. I take note that Mr. Samukange is a lawyer. That verdict finds every person who is a member of the MDC guilty of the same offence. Those who were there on that day and those who were not there on that day – it finds them all guilty. It also finds those were punished by the party for sitting while others walked out – it finds them guilty as well. There are four people like that in this august House. There is Hon. Sen. Komichi, Hon. Sen. Dr. Mavetera, Hon. Sen. Makone and myself. We were punished by the MDC led by Mr. Chamisa for disobeying him and staying in this House.
Now because this Committee was lazy, it finds everybody guilty and proposes to punish us the same. That is number one. Number two; the Committee for the first time made a correct finding that the Hon. Members were coerced or forced by a superior authority to them to do what they did. It also found that there had not been any planning involving every Member of Parliament. It found that there was no Caucus. Now, where there is a superior authority which makes you do something, there is an automatic defence called obedience to superior authority. So Mr. Samukange must have known as a lawyer that once he found that there was superior authority that gave people an order, that is a defence on its own but they said nothing about it. By the way Madam President, when we are in this House, the laws of the country operate. During the hearing, I brought to the attention of Hon. Samukange and his Committee that I had been punished already by my party and they said Hon. Sen. Mwonzora you can leave because there is no need for you to defend yourself. After this we find ourselves being found as guilty as those people given the chance to defend themselves. That is gross injustice.
Anyway Madam President, the Members of the MDC you see here were internally subjected to this cohesion. They did not sit on their laurels. They rebelled against that leadership, removed it and placed in a new leadership that has attempted to change the politics of this country. This new leadership has now said we must get rid of the politics of hate, politics of hunger, politics of acrimony, politics of polorisation and replace it with the politics of rational disputation and tolerance. These MPs have been exemplary in their debates. They have now said what matters to us is not whether this issue came through ZANU PF or through MDC but what is important is what is in the best interest of the Zimbabwean people. They have done that. They have opposed where it is supposed to be opposed and supported where in their estimation, they were supposed to support. What have our colleagues done across the table. They have proceeded to ignore that and just want to punish including those punished already.
Madam President, this country and especially this Parliament has been subjected to some of the worst behaviours ever. The reason was we had a leadership that did not listen to us and had its own orientation. We have gotten rid of that leadership. We have taken a positive stance towards removing the yoke that was on our necks and we have replaced it with another leadership.
Mr. President Sir, Chief Justice Malaba was subjected to ridicule in the National Assembly when he came to swear in the Speaker. At that point in time, the leader of the opposition in Parliament was Senator Eng. Mudzuri and he was also the Vice President of the MDC. I was the Secretary General of the MDC at that point in time. Hon. Sen. Mudzuri and myself went to the Chief Justice and met him together with his Deputy Justice Gwaunza and we apologised for the wrong that had been done. The Chief Justice forgave us but the example of people who take on responsibility for the bad behaviour of their subordinates and apologise must be encouraged. It is the whole mark of civilisation.
Now, we want this country to go forward. We want this country to go forward. We want this Parliament to start servicing the people of Zimbabwe. We want the Parliamentarians to start doing those things that they were elected to do and that is to make sure that we improve the lives of the Zimbabwean people. We the accused here have started the ball rolling. This persecution now brings us miles back. We have moved forward and this Parliament must take judicial notice that we have moved forward and that this Samukange report, incompetently done, puts us back to the iron age of the Zimbabwean politics. I submit with respect that we must be seen as this Parliament to take notice that we have developed and that things have changed as well as to encourage those things. Therefore we call upon leaders from the other side to take judicial notice of what has happened and let by-gones be by gones unless if of course, as a leader of my party, I was accused and found guilty of insulting the President of Zimbabwe.
Three weeks ago, the same President invited me to accompany him to Victoria Falls for a vaccination programme and I did. So, there is movement, there is convergence, there is a meeting place between myself as a leader of my group and the President as a leader of his party. The two are talking together and the effect of this report is to drive us apart. So, in my respectful view, there is no longer any need for this.
I have already said that the verdict is omnibus. It also punishes people who were not there. It finds everybody guilty and it comes to – and this one I am addressing it because this will be read by lawyers. Hon. Samukange and his Committee in coming up with this verdict used what is called the Doctrine of Common Purpose. This is the doctrine upon which everybody was found guilty and Hon. Samukange said because there was a standing committee that sat and said we are not going to recognise the President, every member of the MDC therefore is guilty. That is not how the doctrine of common purpose works. The doctrine of common purpose works on people who were part of that meeting and just as in ZANU PF, not every member is a member of the politburo. In the MDC, not every member is a member of the National Standing Committee. So, what this verdict does is that it punished even those people who did not sit in that meeting. That is not how the doctrine of common purpose works and at any rate, the doctrine of common purpose works only in criminal cases. There was no crime and it does not work in misconduct.
This, at most will be a misconduct. This,at most is a discourtesy and therefore, the doctrine of common purpose was incompetently applied. In my respectful view, and I am glad that we have traditional leaders led by Hon. Sen. Chief Charumbira and I take notice of things that he said on two occasions in this House. The encouragement he felt at the change of the politics of Zimbabwe. The encouragement he felt at the sense of responsibility displayed by MDC T legislators. What this report does is that it ignores all that.
I therefore submit, with respect, that there is another important thing - our law says a person cannot be punished twice for the same offence. So, if I still and I am put in jail for three months, when I get out you do not try me for the same offence and sentence me to six months. When I come out again, you sentence me. The Speaker of Parliament sentenced us already and each one of us had monies deducted before the Samkange Commission sat. We had monies deducted already for the same offence. We complained and we were not heard.
After deducting our monies for that offence, the Samkange Commission comes and says that is not enough – it seeks to take away the diplomatic passports, creating discrimination among MPs. MPs doing the same work, ranking the same – one is a diplomat and one is not. They are travelling together to Geneva for the same thing. Maybe one is even a Chairperson and one is not, but they get into two different queues. That is some form of black apartheid that this thing introduces. There is no need for that. The point is that we were punished and we served our punishment because our money was taken.
Mr. President Sir, this Parliament especially this Senate, must come to a conclusion of fact that was not known to others and that is with the technology introduced. If the President is in the National Assembly and I am not in the National Assembly and I am in another room and I walk out of that room, have I walked out of the National Assembly, have I walked out on the President? You are in this Chamber and you walk or you are watching the proceedings from your gadget in your hotel and you walk out of that hotel room – have you walked out on the President? We must come to a conclusion, we must define the law but it was no defined.
In my respectful view, when I am not in the same room with the President, I am incapable of disrespecting him by walking out of the room in which he is not. When punishing the Hon. Senators, that is what this verdict does but more importantly, this verdict deals with Senators walking out during a budget. Our law is clear. The budget is presented to the National Assembly and not to the Senate. Now when the Senators do not come on the day of the budget, they are not committing any misconduct.
I just want to conclude by saying we beg this House mostly the legislators on the other side that a good case has been made of the dramatic change of politics in our country. A good case has been made that maybe it is time to let bygones be bygones. The fines that are proposed are beyond the reach of the MPs. I think it is about Z$400 000. The taking of the diplomatic passport is a humiliation which is not necessary. Therefore, I pray that this report while it may be acknowledged must end where it is and it must not be carried into action. In fact, this report must be thrown out. Thank you.
HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President. I should say I am humbled and I would like to say with your permission and permission from all Hon. Senators, can we defer this debate so that we do not spoil what we have built to date. Let us defer this debate and have serious consultations and it can be back on the Order Paper. Thank you.
HON. SEN. MUZENDA: I second.
HON. SEN. MUZENDA: Mr. P resident Sir, I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
MOTION
REPORT OF THE THEMATIC COMMITTEE ON SUSTAINABLE DEVELOPMENT GOALS (SDGs) ON VELD FIRE MANAGEMENT
Fifth Order read: Adjourned debate on motion on the Report of the Thematic Committee on Sustainable Development Goals (SDGs) on Veld Fire Management.
Question again proposed.
*HON. SEN. MBOWA: Thank you Mr. President. Mr. President, it appears as if I am offline, be that as it may let me continue.
THE HON. DEPUTY PRESIDENT OF SENATE: Apparently the whole building has lost network connectivity so you may continue.
*HON. SEN. MBOWA: Very well, thank you so much Mr. President. First and foremost, I want to thank you for giving me this opportunity to support the motion raised by Hon. Chief Mtshane that deals with veld fires. I also want to extend my gratitude for tabling such an excellent motion.
Veld fires have become a thorn in the flesh of the majority of people. In fact, we are failing to find solutions on how to ameliorate the issue of veld fires. The problems that are caused by veld fires are too many and have grave consequences. Most veld fires are committed during this time when the grass is almost drying up and the majority of our cotton, especially in Gokwe will still be in the fields. We pick our cotton until June, but there will also be weeds in the same fields. Veld fires are detrimental to the economy of the country because we lose our crops and if our crops are destroyed by fire, we have famine in the land.
This year we had plenty of rains and if you look at the vegetation of this country, it has been quite alluring from fauna and flora. Once they are destroyed by veld fires, they become a tinderbox, can destroy vast tracts of land and leave destruction in their wake even for creeping and crawling insects such as grasshoppers and other various insects. We also have animals that seek shelter from the same trees and grass – all which are destroyed because of veld fires. Even human lives are placed in great danger, if a human being was to come across a veld fire whilst in a bush, they risk losing their own lives. We can lose the lives of people, notwithstanding the lives of animals. We also want to look at soil conservation, if there has been a veld fire; trees are going to be razed to the ground. So the trees that were ensuring that soil erosion is taken care of are destroyed as the area will lose its top soil as a result of soil erosion, especially with the first rains commonly referred to as Gukurahundi because there is nothing to protect the soil as the rains pound the land and this will cause gullies.
When looking at tourism, if you recall Mr. President, when you go to Victoria Falls, you are visiting Zimbabwe. If you look on the left or right, the vegetation has been badly burnt on both sides of the road. This will tend to discourage tourists from coming to our land because the destruction of the vegetation will turn them off. This has the ability to hinder the number of visitors who will come through. Furthermore, veld fires are no good in that they are very destructive. I come from Gokwe, a very hot area and we constantly have veld fires in that area and the heat, we cannot breathe properly as we will be starved of fresh air.
Should the culprits who will have caused veld fires be caught, they should be given deterrent sentences. Through the traditional leadership i.e. chiefs, headmen, village heads and Members of Parliament, we should also have fireguards that will quickly stop the spread of fire. As Methodists we say, you and I have a duty. So it means that we should go and teach people about the dangers of veld fires, especially this year when we have had a lot of grass and trees that have been resuscitated. This is the only way that we can prevent veld fires. With these few words Mr. President, I rest my case in support of the motion and also expressing my dissatisfaction with that. I thank you.
*HON. SEN. FEMAI: Thank you Mr. President Sir. I wouldnot start without first expressing my gratitude because when our Lord Jesus was nailed to the cross to die for our sins, people up to now still say, in Jesus name because he did a good deed.
I would like to thank the President of the new MDC-T dispensation for the good that he did for chasing away the person who has been giving us problems. I would like to thank Hon. Sen. Mwonzora. He is now able to dialogue between members of the Opposition and Government.
THE HON. PRESIDENT OF SENATE: Order, order, I appreciate where you are coming from but can you stick to the debate.
*HON. SEN. FEMAI: Thank you Mr. President. I had gone astray. Thank you for guiding me because if you had not guided me, I would have remained lost. Thank you.
I want to talk about the motion that was raised in this august House. Veld fires have become a perennial problem to this country. They have become a perennial problem because the perpetrators are given light sentences. There are certain creatures that are carnivorous be they birds, they feed on locusts, be it a snake, it will feeds on mice and mice feed on grass. So, these creatures were created by God and there is a purpose for the creatures’ lives and that also enhances the life of a man. Man was the first one to be created and God knows that man cannot live without certain things. He created all these creatures great and small so that the person can live benefiting from them but the same person is now destroying his own life by causing veld fires which destroy forests and the animals that he or she is supposed to benefit from also die.
For this country to be called beautiful, it should be in the state of its creation as the previous speaker has said the tourists will then enjoy nature in its natural environment. People in England have their own mountains that are different from ours. Those in South Africa have trees that are also different from us. Each and every place has its own different natural resources and if we destroy our own natural resources, we will not be promoting tourism because we will have destroyed the tourist attraction. By so doing, we will have short ourselves in the foot.
The majority of some of these creatures like grasshopper, if the grass is burnt, the eggs will be destroyed, hence they will not be able to produce. Grasshoppers together with their eggs, once they are burnt, they will be no such creatures. Few might survive but they will not be able to continue functioning in the purpose that was created for God. The areas where veld fires have taken place, you find that cattle are dying and all the other livestock is also dying. May be the poison creature was burnt by the veld fires and the poison now remains. If a cow ingests, that it dies.
So, I believe that it will not be fair for me not to suggest the type of sentence that the offenders should be given. I do not believe that in Heaven, if you killed someone, you are the only one who receives a harsh sentence. If I remember very well, the Bible says, ‘thou shall not kill’. Do they mean that thou shall not kill a human being or an animal? The Bible simply says do not kill. I believe that if you kill an animal, you will have killed something. For veld fires, I propose a sentence of fifteen or more as a means of deterrent to would be offenders.
Mr. President, in the farms, there are no Chiefs that look after the traditional lands unlike in villages where there are Chiefs and headmen. They encourage the community to only gather dry wood which they will use for cooking. If you want to cut down a tree that you would want to use at your homestead, you get a written or verbal permission from the Chief to cut these trees, so you cannot willy-nilly be cutting trees. In communal areas, there are Chiefs and they direct that such trees should not be burnt because they are for ceremonies. They treat such trees as sacred and those trees are not being destroyed. I believe if one is sentenced to 15 years, it will act as a deterrent to offenders and veld fires will decrease. Those that are near to where the veld fires take place should also be sentenced for six months for failure to identify that person who has started the veld fire and report the culprit to the nearest police station.
It is my request Mr. President that farms which had been taken by the white colonialists when we were resettled in barren semi arid areas, may we have Chiefs in those areas. Some of these Chiefs have their own ruins in those areas while they are in the farming areas. That is why you find that there are ruins for the Chiefs in the farming areas, meaning that blacks were able to identify areas that were fertile. We have gone for 40 years after our Independence, and we should say restore the areas of the jurisdictions that the Chiefs had even if it falls within someone’s area. According to our African tradition, the Chief should rule using his customary law and their boundaries should be respected and restored to the original boundaries so that the Africn culture and the prevention of veld fires is enforced in the farms.
In communal lands, police officers are 50km away from where veld fires occur and the chief is only 10 or 15km or even less because he has the headman or the village head who also acts for and on behalf of the chief - therefore, veld fires are not a daily occurrence. If there be such boundaries, we will be able to protect this country with its flora and fauna. We should return this cultural issue so that it can be looked after and be preserved by chiefs. The chiefs by nature are apolitical, but they just live in those areas and apply the traditional law. In line with our culture, this is what I believe would be most helpful to us. I thank you Mr. President.
+HON. SEN. DUBE: Thank you Mr. President for giving me this opportunity to add my voice on the motion which was raised by Chief Mtshane over the issue of veld fires. Veld fires have destroyed a lot in our areas. A long time ago, veld fires or a fire was considered as a bad omen when it got into a house. Some people are not taking it seriously when they start a fire. They are taking it for granted. Some people know very well who would have started a veld fire, but they do not report the issue. Senators suggested that some people be appointed so that they report these matters or some committees should be set so that those people would know very well who has started the fire at a certain communal area can report them.
Indeed fire destroys so many things. I still remember some time ago when I was coming to Harare from Kadoma there was a huge veld fire which could not allow any vehicle to pass through and even animals could not pass. One of the Honourable Members highlighted that some tourists would be afraid to visit this country because although it was Kadoma they might think that maybe it was the whole country which was being burnt.
I still remember in Kadoma my grandmother was burnt together with her granddaughter or grandson by these veld fires and nobody reported because they did not know who had started the fire or they were afraid to report the person who had started the fire. These veld fires can destroy homesteads, even animals and it hinders development if this continues. It is because people do not want to report the person who would have started the fire and sometimes it is because of the cruelty of those people who would have started the fire.
Those who would have started veld fires must be given stiffer rigorous penalties because they destroy other things as well. I therefore propose that the sentence be stiffer and rigorous so as to deter those so called offenders. Some people would know who would have started the fire, but they do not want to report the person, instead they hide it - as a result, some people lose their lives because of that. We should know how this fire would have started so that we report the persons.
If people want to burn their litter, they should just wait until the fire ends, rather other than to leave the fire to continue. It is not good for this country, it is very bad. We lose a lot in the country because of these veld fires. This motion is very important to us all. It is very important that those who represent those areas know who would have started the fire because if you do not report, you are as well an offender.
For our economy to grow, we should report those people who would have started the fire so that our country builds up well. With these few words thank you very much, Mr. President, for giving me this opportunity for this motion is very important.
+HON. SEN. D. M. NDLOVU: Thank you Mr. President for giving me this opportunity to add a few words on the issue of these veld fires. There are some issues that people do not take note of which are very important in our lives and this matter is very important. We do not take these veld fires seriously but we should know that veld fires are very dangerous. They are very bad because there will not be any grass and the soil will also be eroded. Right now we are crying in urban areas that there is no water. We are getting water from boreholes. We have dams and rivers which should assist with water but right now there is nothing in the rural areas because of these veld fires that destroy grass yet animals graze on grass.
One of the Hon. Senators said that grass is very important to so many animals even snakes as well. This is very important – there are so many things that snakes can assist with. As grass is burnt, we do not have anything at all. Our animals will not have anything to graze on. All of us should not condone veld fires. Any person who starts a fire should be given a stiff and rigorous penalty. Even if it is a child, he or she should be told not to play with fire. For those who smoke as well, we should take note of these because they just throw away their cigarettes on the grass hence starting fires. As the Hon. Senator has said, some start fires to spite others but that is very bad. If I start a fire in communal lands trying to fix others, it is not good because this fire will go as far as Limpopo. Animals will not have anything to drink from and also to feed on because the soil will have been eroded. Some animals enjoy drinking water whilst they are in the river.
I am very proud of this motion which was raised by Hon. Sen. Chief Mtshane, that everybody should be a policeman to the person who haa started a veld fire. We should all try to prevent these veld fires. I thank you Mr. President Sir.
*HON. SEN. M. NDLOVU: Thank you Mr. President Sir for giving me this opportunity to add my voice on this motion which was raised by Hon. Sen. Chief Mtshane. Chiefs are the ones who take care of our land. Some crops and lives are destroyed by these veld fires. My wish is that chiefs will call the Ministry of Mines to seek clarity on whether those who mine gold want fire because these artisanal miners say that they use steel which needs to go through the fire in order for them to mine gold.
The other thing that was said is that chiefs do not have authority or power to raise their voices over those issues of veld fires but my view is that chiefs have got powers because they take care of our land. The law should be stiffer because there are so many things that are being caused by fire. Right now, we are seeking tourism for the tourist to see the animals which are not there in their countries but how can we feed these animals when there is no grass? As Hon. Senators in this august House, we should assist the President over this issue of veld fires because these fires destroy animals and people lose their lives. So many people have lost lives because of veld fires. All of us including animals survive on grass. I would like to thank Hon. Sen. Chief Mtshane for raising this motion.
HON. SEN. CHIEF MTSHANE: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
MOTION
REPORT ON THE PARLIAMENTARY LEADERSHIP FOR THE 2030 AGENDA WEBINAR SERIES: COVID-19 RESPONSE - LEAVING NO ONE BEHIND
Seventh Order read: Adjourned debate on motion on the Report of the Parliamentary Leadership for the 2030 Agenda Webinar Series.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
MOTION
REPORT OF THE JOINT PORTFOLIO COMMITTEE ON YOUTH, SPORT, ARTS AND RECREATION AND THE THEMATIC COMMITTEE ON INDIGENISATION AND EMPOWERMENT ON THE STATE OF VOCATIONAL TRAINING CENTRES, THE EMPOWER BANK AND SPORTING FACILITIES
Eighth Order read: Adjourned debate on motion on the Report of the Joint Portfolio Committee on Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the State of Vocational Training Centres, the Empower Bank and Sporting Facilities in Zimbabwe.
+HON. SEN. A DUBE: Thank you Mr President for giving me this opportunity to add my voice to this motion raised by Hon. Sen Mbohwa over the issue of VTCs. This motion is very important because youths are our future. I was one of the members who visited these places with the Committee for Indigenisation and Empowerment. It was a joint committee with the Portfolio Committee on Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment being led by Hon. Tongofa. We visited so many places where these children are learning. It is not every child who gets employed but some children learn these jobs so tha they are self employed as they grow up.
We visited Gwanda a place called Pangani where some of the children turned out to rear goats. You realise that the places where they rear goats are not well built, hence these buildings should be reconstructed so that these children can learn. The teachers also do not have places to stay, hence the request that the Ministry on Youth, Sport, Arts and Recreation should be funded so that these places where the children are learning can be reconstructed. These children show endurance in their learning but it is very unfortunate that they do not have places to learn in.
We then visited Umguza where they also keep goats. There was an old man who has been living under a tree and he only put a tent to shelter himself. I appeal to the Ministry to assist by funding the man so that he has a roof over his head. We later on visited Gweru and we realised that the Municipality is not taking good care of the stadium which is also the same with Barbourfields. Youths are supposed to be using those stadia during their leisure time. That made the municipality to take matters seriously in creating those stadiums. Youths are very important as they play a pivotal role in this country. Nowadays children are alcoholics and take drugs because they do not have anything to do. We saw it fit that many VTCs should be constructed so that our youths can be assisted in doing various jobs other than being criminals.
We visited some of the places where we noticed that some of the children wanted to access loans for start up projects but it is very unfortunate that they cannot access the loans because there are no banks within their centres. They travel long distances in order to access the funds. Sometimes they do not have transport fare to go to these banks. If these centres are used to access the funds, it will be easier for the youths to start their projects. Our request was that the banks should be located within the provinces so that the youths can easily access the funds.
We visited one province and we realised that only five children had access to the funds because these banks are not are not within the provinces of where these youths are staying so that they can start their businesses to start living. It is not that these children are not applying but it is very difficult for them to go and access funds because the place is very far away. Our request was that these banks should as well be centres for these banks where these youth can access them because these youth want to be entrepreneurs. They want to be carpenters.
Some of the youth want to access some other loans so that they start something for a living, but it is very unfortunate that it is very far away from where they can access these funds and from where the centre of the banks are. That is what we reaslised and these youth should be assisted. These youth are our tomorrow, they are our future and we should assist them so that they cannot live this miserable life that they are living. We should assist them as the National Assembly and the Senate.
Even if the banks are not there, if at least these application forms for them to access loans can be made available, it may be easy for them and it will make our youth very happy. These youth think that maybe we do not want to assist, but we do want to assist them. With these few words Madam President, this motion which was brought by Hon. Sen. Mbowa is very important for our youth and our entrepreneurs. So many children are learned but they are not employed. If we can assist them to apply for these loans they can be our future. Thank you.
HON. SEN. MBOWA: Thank you madam President, I move that the debate do now adjourn.
HON.SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021
MOTION
MAINTENANCE OF THE ROAD INFRASTRUCTURE IN THE COUNTRY
Ninth Order read: Adjourned debate on motion on the road rehabilitation programme countrywide.
Question again proposed.
HON. SEN. CHIMBUDZI: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
MOTION
REPORT OF THE 47TH PLENARY ASSEMBLY SESSION OF THE SADC PARLIAMENTARY FORUM HELD VIRTUALLY IN NAMIBIA
Tenth Order read: Adjourned debate on motion on the Report of the 47th Plenary Assembly Session of the SADC-Parliamentary Forum held virtually on 9th October 2020.
Question again proposed.
HON. SEN. MUZENDA: Madam President, I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
MOTION
ANNUAL GENERAL MEETING OF THE AFRICAN PARLIAMENTARIANS NETWORK ON DEVELOPMENT EVALUATION (APNODE) HELD IN ABIDJAN
Eleventh Order read: Adjourned debate on motion on the Report of the Zimbabwe Delegation to the 5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE).
Question again proposed.
HON. SEN. MUZENDA: Madam President, I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 21st April, 2021.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. D. M. NDLOVU, the Senate adjourned at Twenty Two Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday 8th April, 2021
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. PRESIDENT OF SENATE
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: Before we go to
Questions Without Notice, I have a list here of Ministers who sent in their apologies:
Hon. Mavhima, Public Service, Labour and Social Welfare; Hon.
Mhona, Transport and Infrastructural Development; Hon. J. Moyo, Local Government and Public Works, but we have the Deputy Minister here; Hon. Chitando, Mines and Mining Development; Hon. Muswere, Information Communication Technology, Postal and Courier Services;
Hon. Haritatos, Lands, Agriculture, Water Climate and Rural
Resettlement. We have Hon. Prof. Murwira, Higher and Tertiary
Education, Innovation, Science and Technology; Hon. K. Coventry, Youth, Sport, Arts and Recreation; Hon. N. M. Ndlovu, Environment,
Climate Change, Tourism and Hospitality Industry; Hon. S. Nzenza, Industry and Commerce; Hon. P. Kambamura, Deputy Minister Mines and Mining Development.
Before we proceed, I think I have to register my complaint or disappointment on behalf of the Senate. On this list we have Ministers who have never stepped their feet in the Senate, as though they take Senate as nothing. What we are going to do, I think with your support, we are going to mark registers of those who attend Senate and those who do not attend Senate so that when we complain, we will be supported by those documents. I thank you.
We are going to proceed with Questions Without Notice but I think
I need to tell you the Ministers who are present here. We have the
Minister of Justice, Legal and Parliamentary Affairs who is walking in.
Hon. Ziyambi Ziyambi you are welcome. Hon. Minister Kazembe,
Minister of Home Affairs and Cultural Heritage; Deputy Minister of
Energy and Power Development, the Deputy Minister of Local Government and Minister of State for Mashonaland Central Province, Hon. Mavhunga.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
+HON. SEN. KOMICHI: Thank you Madam President. My question is directed to the Minister of Home Affairs. In Zimbabwe we have a problem of armed robbers. The frequency of these armed robbers we are seeing homes being destroyed, large sums of money being stolen and cars being stolen by armed men and women. On each and every group that is involved in armed robbery, it is said there are serving policemen and serving soldiers. This is now a very big problem in Zimbabwe. We would like to ask what measures the Government has in place to fix this topical and problematic issue.
+THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. KAZEMBE): Thank you Madam President. I
would like to thank Hon. Sen. Komichi for his question. Indeed, what he has asked is a very critical question. It is indeed true that most of these cases of armed robberies are being done by armed men and women from the police force as well as the army. I would like to emphasise and indicate to him that Government is indeed working on that, but I would also like to indicate that such cases have decreased.
Some who resist arrest are being shot. We have two or three cases like that; the recent case, that of eight, a group we arrested recently. We have many groups that are involved, but I am happy that police are doing all they can to fix this issue. The issue we had which was a problem was an issue of resources, but now it is going to be a thing of the past because that problem is now being fixed.
Recently we had those who were arrested in Beitbridge and the Government is seized with such cases. They are working very hard to put to an end such cases of robberies.
As police, we were having a problem of resources especially vehicles. Transport is a critical issue for us to attend such cases. I am grateful to the Minister of Finance and Economic Development, he provided us with vehicles. Resources are critical for police to react to such criminal offences. We have a lot of training programmes; we are training our police officers. We also have an integration programme and because of the technology which was passed by Government, I think this will go a long way in assisting us.
*HON. SEN. KOMICHI: The involvement of army personnel as
well as police personnel in the robbery cases, is it not a salary issue? Is this not being caused by the fact that civil servants are crying foul because of the low salaries?
*HON. KAZEMBE: I want to thank Hon. Sen. Komichi for his
question. Let me say when people are being enrolled in the Police Force, they take oaths that they will discharge their duties. We do not expect them to complain when they are in the system. Madam
President, even if we are to give them fifty-fold salary will they abide by the rules and regulations governing the Police Force? They should know that we started with stabilisation programme for us to stabilise the economy because it was in bad shape. This is what His Excellency did when he assumed his duties.
Madam President, let me give an example, if someone gets injured and starts bleeding at times people expect stitches. When you get injured when we were still young boys, our mothers would apply salt and spirit on our wounds. This is what the Head of State did because we were coming from a bad economic environment. His intention was to fix this. TSP was done and we have passed that phase. Right now the economy is changing for the better. It is our intention to change their salaries and reflect the development and the positive change in the economy.
*HON. SEN. ENG. MUDZURI: Yes, you have said that you
want to put to an end to armed robbers in this country. Are you also looking at minor cases of thefts that are taking place? For police to act on such cases they will tell you that they do not have the resources. They will ask you to give them something, that is corruption and we do not know what to do now because you have to pay them for them to take action. I have more than ten cases that have not been attended to. Do we really need transport to investigate such small cases?
HON. KAZEMBE: Thank you Madam President. I would like to
thank Hon. Sen. Mudzuri for his question. Yes, indeed all the cases need police to take action by way of moving from point A to point B.
Corruption has become cancerous when it comes to bribes that we hear they are asking for. I would like to say to Hon. Sen. Mudzuri, all of us as citizens, we have an obligation to put an end to this cancerous issue of bribes. I would like to inform everyone that whenever there is a case, police is ready to fix that. We are saying zero tolerance to corruption. For corruption to take place, it needs two people. It is my request that you should take pictures of such characters in the Police Force. You will see that we act swiftly and put them behind bars.
Madam President, the other problem is that some of us are involved because you are giving them money, do not give them money. A very good example is that of a woman who was abused by touts in Beitbridge, it was mentioned on social media and circulated everywhere and police reacted quickly and the touts were put behind bars. Let us work together as a nation so that we do away with corruption. Thank you.
*HON. SEN. CHIEF NTABENI: Does the Minister know that
some of the artisanal miners are members of the Police Force. If you call police to react to violence amongst artisanal miners, they will tell you that there is nothing wrong and there is no fuel.
*THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. KAZEMBE): Thank you Madam President. This
question is in two parts, on fuel I do not know if the depot has fuel or not but I think it is an issue that we can actually look at if it comes in writing. On Police officers being part of artisanal miners, if we have evidence we will act accordingly. No one is above the law be it a police officer or a magistrate, if we have evidence we will act on that and put people behind bars.
THE HON. PRESIDENT OF SENATE: Hon. Sen. Ntabeni, you
can put in writing the other part of the question.
*HON. SEN. ENG. MUDZURI: My question is directed to the
Leader of the House. Is it Government policy that banks refuse you a chance to bank, the reason being that ‘you are politically exposed’. An example is that of Standard Chartered Bank where we have been denied a chance to bank, reason simply being because we are politically exposed.
*THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you very much Madam President. I want to thank Hon. Sen. Mudzuri for his question. I think in order for us to thoroughly deal with this issue, we need to have the question in written form to the Ministry of Finance and Economic Development.
We know that internationally, there are such laws and we are also victims of such acts internationally. In order for the Hon. Senator to be fully assisted, he needs to put the question in writing with all the details on what really transpired. The Minister of Finance and Economic
Development will zero in and assist him effectively.
THE HON. PRESIDENT OF SENATE: Maybe if you could put
it as a written question so that it is explained in this House for the benefit of everyone. Thank you.
*HON. SEN. SIPANI-HUNGWE: Thank you Madam President
for giving me this opportunity. My question is directed to the Leader of the House in the absence of the Minister of Primary and Secondary
Education. What is Government’s policy pertaining teachers especially in Government schools. They are not teaching these children but simply give them the option of extra lessons so that they charge them in USD$.
It is only a few parents and guardians who have access to United States Dollars. What then is Government policy in such a scenario? We are killing a generation of these children. Inasmuch as we acknowledge the fact that because of this pandemic, we had a serious problem and children did not get an opportunity to learn, is Government aware of such a scenario that is taking place in schools?
Recently I was in the rural areas getting information from parents that school children are not learning and are being asked to bring USD$5.00 on weekends for extra lessons. What is Government saying?
What is Government’s position in regard to that?
*THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you very much Madam President. I would also like to thank Hon. Sen. Hungwe. This is a very worrisome issue and I would like to acknowledge her work with regard to such issues. I would like to state that Government is keenoin seeing children getting their education. Government has put in place all the measures to make sure that schools resume learning. We are not only looking at urban schools but also those in rural areas. Government is making sure that they have electricity and even the option of them having solar as a source of energy and provision of gadgets like computers and phones. They should have access to all these gadgets. Even those from the ICT Department should make sure that school children are connected to the internet. This is all to make sure that school children get the opportunity to learn. Government does not want anyone to miss their education, are keen on everyone having access to education.
Government is making sure that everything is in place i.e. funding, electricity and gadgets so that there is no digital divide between urban and rural schools. Due to the Covid pandemic, we were seen being pushed back and learning had stopped, but we are known for providing education to everyone. We are doing everything possible to make sure that is done. Government is in discussion with all the stakeholders to make sure that everything is in place. Government values its employees in the teaching fraternity.
The other issue of teachers demanding money for extra lessons, I think this is now a criminal activity because that is not allowed. This is not their mandate and not what they are supposed to be doing. We can never deprive children of the opportunity to learn, then we have teachers who do not teach – that is unacceptable because our children are supposed to be learning. If there are teachers who are getting into class and not doing anything, I am sure that the Ministry of Primary and Secondary Education has inspectors amongst them. I think it is a report that should be brought forward so that such characters are dealt with.
We expect those who are supposed to teach to teach.
*HON. SEN. CHIEF CHUNDU: Thank you very much Madam
President. My question is on the number of days that children are supposed to attend school, because some are saying only two days in a week - even when it is not a holiday.
*THE HON. PRESIDENT OF SENATE: Hon. Sen. Chief, this
is a different question. I was expecting a supplementary question.
Instead, I will allow the Minister to respond to your question.
HON. SEN. MUTSVANGWA: Thank you very much Hon.
President. I want to thank Hon. Sen. Chief Chundu for his question.
We have measures that have been put in place by the Ministry to make sure that children return to school and resume learning. They have protocols that they are supposed to abide by and these have been put in place to safeguard and make sure that school children are protected from the pandemic. When the Ministry of Primary and Secondary Education went around engaging various stakeholders, the issue was to make sure that every school has access to clean water, school children are able to wash their hands and to make sure on how they can maintain social distancing – that is very important. Inasmuch as we need progress, there is also the issue of safeguarding school children from dying from the pandemic.
The other issue is the critical challenge of the pandemic. It is important to know which school is saying that schoolchildren should attend once or twice only a week. It is very important for us to have that information. It may be hot sitting but we understand all the children should attend classes. I thank you very much.
*HON. SEN. CHINAKE: My question goes to the Ministry of Local Government. What is Government policy concerning the rehabilitation of roads because the roads have seriously deteriorated?
*THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. CHOMBO): Thank you Madam
President. During the rainy season, main roads were destroyed and the Government started the road rehabilitation programme which is being spearheaded by our Vice President and Minister of Health and Child Care Hon. Dr. Chiwenga. They they will be working hand in glove with the Ministry of Transport. Right now they have begun the programme of looking at all roads and giving them priority. They have also accessed funds from the devolution so that they can rehabilitate all roads without discriminating that these are rural roads or urban areas. They are looking at all roads in broad terms. Therefore, I expect all councils to benefit from this programme. I thank you.
*HON. SEN. A. DUBE: Thank you Madam President. How is the
Government improving ICT in rural areas in order to facilitate online learning as there has been a significant drop in Grade 7 pass rate?
Aspiring student nurses are required to apply on line, what is the Government doing about improving ICT?
THE MINISTER OF INFORMATION COMMUNICATION
TECHNOLOGY, POSTAL AND COURIER SERVICES (HON.
MUTSVANGWA): I thank you Madam President, there is a lot of work which Government is doing, ICT is the way to go and digitalization has become the norm. We all know that even in our homes our children are sticking to their gadgets all the time. It is important to make sure that we bridge the gap between the rural and urban, this is critical because the Second Republic considers that every Zimbabwean is important and there is no one who should be left behind. That is why we are making sure that the children in the rural areas also have access to these gadgets.
I earlier on talked about the importance of all schools having electricity, computers and connectivity. These 3 things are very crucial because we do not want to leave our children behind. Our rural people are very supportive of the Government as much as the urban areas. So we want to make sure that we remove that gap between the rural and urban. Ministry of Finance did put a good significant amount of money so that at least the ministry of ICT can continue with this very good project of making sure that there are those communication centres. It is not only in the schools but those out of school who are looking for opportunities out there, like she clearly mentioned the nurses, everything is now done on ICT. This is what the Government is doing through the Ministry of ICT and the budget was actually allocated for that to be done.
HON. SEN. B. MPOFU: I am glad that the ICT Ministry is doing what the Minister has just mentioned to advance our schools through modern computers. My question is do we have the capacity in terms of infrastructure to withstand what we are looking for in terms of digitalizing all schools and all the places.
HON. SEN. MUTSVANGWA: Thank you Hon. Sen. B. Mpofu.
The issues of digitalisation are issues which the Government is seized with. For those who watched, the President launched the National Data Centre, it is all about digitalizing information where at least our citizens can just go and get all their database. There is a lot which needs to be done in this country. It is even emotional to the history of this country that we have not actually put records of all that happened in the liberation struggle, and that is again something which is being done at the same time. Digitalisation as I said, this Government realizes the importance of it to a point where they actually set aside recourses.
As I said that if we do not move away from analogue to digital information, it means that information we have cannot be manipulated and it cannot be accessed. In our case as a Ministry, we now need information which is in digital form, so that we actually give our children their history. If we do not do that as a country, somebody will fill that gap - that means our children will depend on other sources of income. So the issues of digitalisation are important that it is a multisectorial approach which the Government has done, even the Ministry of Home Affairs, their papers went through Cabinet where they want to make sure that they digitalise the whole Ministry and make sure that everything is done online, and you can get access to CVR and passport issues online.
There is money which has been put into, a budget has been put but we cannot achieve all this in one day. I talked about the Ministry of ICT putting transmitters because 3 things are required for e-learning at any particular schools, it is electricity...
THE HON. PRESIDENT OF SENATE: Hon. Minister please
address the Chair.
HON. SEN. MUTSVANGWA: Three things are required for
children to study online that means a school must have electricity and I spoke about the importance of making sure that if REA is not able to put electricity there, at least Zimbabwe is lucky to have more than 8 hours of sunshine and that is needed. The Ministry of Energy has been given a mandate to make sure that there is more investment in solar energy so that at least schools will have solar which will enable them to operate computers.
The issues of computers, recently we saw our President went to launch a Zimbabwean Company ZITCO which is producing locally with a Chinese company. They are producing desktops, laptops, telephones, and soon they will be producing set of boxes so that at least we cover the whole country. So these are all the efforts to make sure that there is access to all our people in the country. From my Portfolio Ministry, the Ministry of Information, again, radio has got a wider reach. So, we have already started licencing more radios, community radios to make sure that we can reach out to a wider population. Nobody should be left behind and Government is actually putting a budget; it cannot be done over-night but this is the process which Government is doing. I thank you.
*HON. SEN. M. R DUBE: Thank you for this opportunity that you have given me. Why are we not being given fuel when the First Lady is coming to Bulawayo? We also want to go around with her and participate in her projects.
*THE DEPUTY MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. MADIRO):
Thank you very much Madam President. It is our desire that we have sufficient fuel at any given time. We should take note that now fuel is being sold in foreign currency, that is USD as well local currency. What we might have failed to do is to balance the supply and demand. That area has not been pleasing at all.
However, what I can assure you is that our team at CMED is working round the clock to make sure that there is sufficient fuel at any given time. That is our main goal.
HON. SEN. KAMBIZI: My question is directed to the Leader of Government Business in the House because I realised that the Minster of Youth, Sports, Arts and Recreation is not in the House.
Mr. President, the Ministry of Youth, Sports, Arts and Recreation previously established country and community sports clubs throughout the country. However, as I speak, these have become defunct and they are not operational. Some of the buildings have been taken over by individuals pursuing personal interest in that most of these buildings are now being used to store crops while others are being used as beer-halls. What does the Government plan with the idea of reversing the adverse developments that I explained earlier on with a view of operationalising those community sports clubs and country clubs to benefit all the citizens and athletes of this country.
HON. SEN. MUTSVANGWA: I would like to thank Senator
Kambizi for that very important question in regards to the community sports centres which had become defunct which should be there to help the community. A healthy community gives a healthy nation and the Ministry of Youth, Sports, Arts and Recreation is working hard to make sure that access to sports is given to all children. Talent can be anywhere, it does not have to be in towns, it can be somewhere in the rural areas there and the way to identify that talent is to provide the community with those community sports centres.
It is unfortunate that these community centres which have been there have been left to deteriorate and are now defunct as he rightly said. Certainly, the policy of Government is to make sure that they are resuscitated and those who have taken position of these community sports centres should be moved out. These are community sports centres and they should provide that recreational to the communities. I thank you.
*HON. SEN. CHIEF CHIKWAKA: I would like to ask my
question to the Minister of Justice, Legal and Parliamentary Affairs. as A chief I am the custodian of culture in this country. My reference is to the law with regards to the freedom of expression; the manner in which the youngsters are dressing exposing themselves. To them this is how they justify their actions because of freedom of expression but as a custodian of our culture and heritage, there is a conflict of the law with that regard. This is how the children, the young generation is expressing themselves and on the other side as elders, we reprimand them but the law comes into conflict.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. I also thank the Hon. Senator for the pertinent question he raised on what can be done where there is conflict between laws. My question is, as a chief what can I do if I see children doing bad things, whilst they have that right. I want to say in our Constitution, there are two chapters which cannot be amended before we go for a referendum; that is, Chapter 4 and Chapter 16. The other chapter is on oversight of human rights and the other one has to do with resettlement. These laws cannot be changed without going for a referendum.
Looking at Chapter 4 as you mentioned, it gives the right to children, which means if we have two laws which are competing, it is said that a law favours to give rights than taking away those rights. So,
Hon. Sen. Chief, if you are suggesting that children’s rights should be taken away, they use the law which favours them in terms of rights. Therefore, it implies that we must go back and reconstruct our Constitution and remove those rights. There will be a problem and it is something which is there nowadays. Hon. Sen. Chief, we signed an agreement with other countries that we have to put into consideration issues to do with human rights, especially children’s rights. When we grew up, we used to be canned but right now to can your child, you are told that you have violated the child’s rights. Right now, what is in the Constitution is what we voted for. Therefore, our hands are tied; we cannot do anything except following the rights which were given to children in the Constitution.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President.
My supplementary question is should we let these children walk around improperly dressed. Imagine if my jacket was a dress, as short as it is and a girl sits at the Chief’s court, what are we saying Mr. President.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen.
Chief Chikwaka, I think you are merely repeating your question and the
Minister has already answered it but I will give him benefit of the doubt.
*HON. ZIYAMBI: Thank you Hon. President. Like I have
already stated, if we say, we no longer want that law, then it means we have to change it.
*HON. SEN. DR. MAVETERA: Thank you Mr. President. My
question goes to the Leader of the House in the absence of the Minister of Primary and Secondary Education. Mr. President, teachers are now striking or giving threats. Some have already mentioned this issue but it is different on my side. We hear Government saying they are negotiating with their representatives. My question is, if Government is negotiating with the representatives of workers, are they open to each other because right now people are now tired in the country. There are endless talks between the Government and the teachers. If they cannot accept with what is being given by the Government, they must retire and leave an opportunity for qualified teachers who are not practicing.
Mr. President, there is a certain number of schools that attained zero percentage pass rate. It shows we are killing the future generations. When is Government going to end the cat and mouse game they are playing with teachers? Thank you Mr. President.
THE MINISTER OF INFORMATION, PUBLICITY AND
BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you Mr. President and I would want to thank the Hon. Senator Mavetera for this pertinent question and the wise words. The issue of education for our children is an issue which must touch all of us as Zimbabweans. If our children fail to go to school, we have failed the generations to come. Our country Zimbabwe is known for better education. Those who look on the issue of education, UNESCO has rated Zimbabwe as number one in Africa. We know that after independence, schools were built by parents. They could approach the Government after they had already constructed schools to request for teachers. Therefore, the issue you have raised, we must as
Zimbabweans focus on it so that we know what legacy are we trying to leave for this country.
The Government is trying its level best to see that teachers are well-paid and is open to negotiate with its citizens. Children must be educated. Salaries continued to be paid during the Covid lockdown which shows the Government’s commitment. Therefore, the teachers must also work together with the Government.
Given the statistics with the Ministry of Primary and Secondary Education, some were throwing stones but reports which we are receiving shows that the teachers are doing their best. The statistics show that 90% of teachers have gone back to work and we are working right now to reach 100%. We are happy that the teachers are Zimbabweans and they are seeing it very crucial for the students to learn. Discussion on these issues in this House is something which is important because we are able to make valuable discussions. I encourage all the teachers and parents to work together for the betterment of education. Thank you.
HON. SEN. MWONZORA: Thank you very much Mr. President
Sir. My question would have been directed to the Minister of Defence and War Veterans, so maybe I can direct it to the Leader of Government Business. Hon. Minister, a deadly war has erupted in Mozambique in Cabo Delgado where fundamentalists are mutilating people, decapitating them and there is a humanitarian catastrophe there. According to experts, this type of conflict has a propensity to escalate and spread. The question is, is the Government of Zimbabwe doing anything about what is happening in Mozambique? If so, what is it doing?
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you Mr. President, I thank Hon. Sen. Mwonzora for that very important question. We are all aware and we have seen pictures which are really devastating, and for those who are easy to cry, you can actually wail because this is deadly. It is truly so – Cabo Delgado which is a humanitarian disaster and this has certainly called for the region to come together to talk about how we can stop this inhumanity. You are right, if it is left without being dealt with, there is certainly propensity to escalate. We are a region and SADC is well-known for being moving as a block. We have seen SADC standing by Zimbabwe and calling for the removal of sanctions and SADC has come again together - we saw the
Chairperson of the SADC Troika. He came to Zimbabwe, President
Masisi of Botswana and now we know that the leaders are in
Mozambique today. So this is being dealt with as per regional level at SADC level. Certainly, decisions will be taken. I thank you.
*HON. SEN. CHIEF NGEZI: My question is on those who are
imprisoned and those on remand - before they have been sentenced, are the correctional officers allowed to beat them up or torture them?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President and I would like to the Hon. Sen. Chief for his question. We no longer have those we call magadhijeri in the country. What we now have are Prison and Correctional Officers. Those have been well trained and these are now experts who are trained in changing their behavior towards reintegration into the community. One of the main objectives is not about just being guards, it is about having in-depth understanding about the behavior of the inmates and helping them transform. Let us understand that aspect of the people that we now have in the country. They are supposed to be friends and they are not supposed to be torturing inmates. Thank you.
Questions without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF THE SENATE in terms of Standing Order No. 66.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
THE HON. DEPUTY PRESIDENT OF THE SENATE: Hon.
Minister of Education, your question has been on the Order Paper for a long time. I would advise you to prepare to come and respond to it. The same applies to the Minister of Defence and War Veterans Affairs, I urge the Leader of Government business to advise your colleagues to attend to those questions. They have been on the Order Paper for a long time.
Questions with Notice were interrupted by THE HON. DEPUTY
PRESIDNRET OF THE SENATE in terms of Standing Order No. 66.
On the motion of THE MINISTER OF INFORMATION,
PUBLICITY AND BORADCASTING SERVICES (HON. SEN. MUTSVANGWA), the Senate adjourned at Twenty-One Minutes to
Four o’clock p.m. until Tuesday, 20th April, 2021.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th April, 2017
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: Mr. Speaker Sir, with the leave of the House, may I request that Question Time, both with and without notice, be suspended until all the Orders of the Day on today’s Order Paper have been dealt with. The Ministers are attending a funeral and they may delay coming.
HON. GONESE: I object Mr. Speaker. My objection is that as an august House, we must plan. In terms of the sitting calendar, we were supposed to have adjourned last week to the 2nd of May, 2017. It was the Executive which moved that the House sits this week on account of them having important Bills. The reason why we are here is at the behest of the Executive – [HON. CHITEMBWE: Shut up!] -
THE ACTING SPEAKER (HON. MARUMAHOKO): Order,
order, can you withdraw the word shut up, that is unparliamentary?
HON. CHITEMBWE: I withdraw.
HON. GONESE: Thank you Mr. Speaker. I am simply making
the point that this particular sitting was motivated by the desire of the Executive for them to move Government business. By the same token, one would have expected the right hand to know what the left hand is doing. Whilst we do appreciate that a national hero has passed on - but in terms of timing, we have had funerals which have been conducted at the Heroes Acre at 1000 hours. I believe, firstly, in terms of the day on which to mourn our national hero and also in respect of the time, members of the Executive who also sit in the Politburo should have been aware of the dynamics.
Mr. Speaker, I want to reiterate that those members of the
Executive should have been aware of the dynamics that today is a Wednesday and that there is Question Time. So, in terms of the scheduling of the time of the funeral, they should have been cognisant of that. So, my point Mr. Speaker is that members of the Executive should appreciate that there is the business of Parliament, today is a
Wednesday. I also notice that for some reason, there is no live coverage of Question Time today. I do not know whether it is by coincidence or not because today is Wednesday and ZTV must have been aware that today there is Question Time. So, we are not in agreement to stand over Question Time because as we speak, the Hon. Chief Whip has not indicated to us at what time the Ministers are going to come. They have showed some disdain for this august House, the time we have now is supposed to be devoted to Question Time.
Mr. Speaker, as we speak, motions were not supposed to be the priority because the reason why we adjourned to this week was because the Executive wanted us to discuss Government Bills and the Ministers are not even here. I want to reiterate that in terms of timing, they should not have done that, either they should have scheduled the funeral for tomorrow because this is something within their domain or else they should have conducted the funeral at 1000 hours so that by 1300 hours everything is done and completed and then the Ministers would have been here. So, we are not in agreement with the motion that we must stand over Question Time.
If the Ministers are not here, then our view is that we must simply adjourn the House and then we sit when it is convenient for the Executive who should have been here in the first place, then tomorrow we can then do Government business. This House was specifically adjourned to this week to deal with matters which they considered a priority and all of a sudden they have decided that it is not a priority anymore and they scheduled other programmes.
THE ACTING SPEAKER: Order, Hon. Gonese, you are
repeating yourself time and again, can you just finish?
HON. GONESE: My final prayer is that we are not in agreement.
THE ACTING SPEAKER: Your concerns are noted but there are circumstances beyond human control such as what has befallen on this nation today where we have lost one of our heroes. It is not that it was done intentionally – [HON. MEMBERS: Inaudible interjections.] -
HON. HOLDER: On a point of order, Mr. Speaker. The
Constitution forces us to give respect to our national heroes – [HON. MEMBERS: Inaudible interjections.] - I move that we have a moment of silence regarding our departed hero.
THE ACTING SPEAKER: Hon. Holder, there is no point of
order because I had already made a ruling towards that; there is not more debate on that motion.
After the Chief Whips had conferred.
HON. GONESE: Mr. Speaker, after hearing submissions from my counterpart, the Government Chief Whip, on reflection I am going to withdraw my objection. However, I just want it to be placed on record that in future, when we plan our things, we must take cognisance of all important activities, in particular the sitting of this august House so that we do not waste the taxpayers’ money. Primarily for the reason that we do not want to waste the taxpayers’ money, we can then agree with his motion and we can proceed with the motions.
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: I move that Orders of the Day, Numbers 1 and
2 be stood over until the rest of the Orders of the Day have been disposed of.
HON. RUNGANI: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE REPORT OF THE
PORTFOLIO COMMITTEE ON LOCAL GOVERNMENT, PUBLIC
WORKS AND NATIONAL HOUSING ON SERVICE DELIVERY BY
THE CITY OF HARARE ON THE ORDER PAPER
HON. ZINDI: Thank you Hon. Speaker. I move that the motion on the Report of the Portfolio Committee on Local Government, Public Works and National Housing on Service Delivery by the City of Harare which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73. I thank you.
HON. MAONDERA: I second.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: I move that Orders of the Day, Numbers 4 to 7 be stood over until Order of the Day Number 8 has been disposed of.
HON. KWARAMBA: I second.
Motion put and agreed to.
MOTION
RESUSCITATION OF SHABANIE-MASHAVA MINES
HON. HOLDER: I move the motion standing in my name that
this House:
RECALLING that the Shabanie – Mashava Mines (SMM) closed more than 15 years ago and prejudiced over two thousand employees due to non-payment of salaries and wages, poor service delivery as well as deteriorating living standards as a result of poor maintenance of basic facilities such as sanitation, sewer and water reticulation system, roads and infrastructure among others;
NOTING that the credit status of the company has been getting worse since the closure of the mine;
COGNISANT that the company was a big contributor to the economy and that it is deteriorating;
CONCERNED at the consequences of not being reopened;
WORRIED that the workers may never get what is due to them and also that the prospects of the re-opening of the mine may never dawn;
NOW, THEREFORE, this House resolves that: -
- Through the Government, a board be set to run the affairs of the
Mines through a properly structured administration;
- The Board secures a new investor to resuscitate the Mines and that it be revived in line with dictates of the ZIM ASSET Blueprint;
- The welfare of the Mining community and the workers of these mines be improved; and
- The flagship of the town be raised.
HON. MANDIPAKA: I second.
HON. HOLDER: Thank you Mr. Speaker. Let me start by saying a quote from Martin Luther King Junior that “our lives begin to end the day we become silent about things that matter.” Mr. Speaker, as we are all aware, Shabanie Mine closed more than 15 years ago. I want to say to you that it employed more than 5500 people and contributed more than $40 million every year to the GDP. Mr. Speaker Sir, we are all aware that Shabanie-Mashava Mines was owned by British people for over 70 years. Gaths Mine was established in 1914 and Shabanie Mine was established in 1917. Mr. Speaker, every year this mine would contribute a lot to the GDP but since it has been closed, it was put under reconstruction, which never did much to the resuscitation of Shabanie Mine. Shabanie Mine had more than 26 subsidiary companies – they were SMM Holdings, Turnall Holdings (in which SMM has 61% shareholding); Steelnet (Zimbabwe) Ltd (61%); Chemspec (Pvt)
Ltd(100%); Cernol Chemicals (Pvt) Ltd (100% owned by Chemspec )
FSI Trading Pvt. Ltd (100% SMM); Tube and Pipe Pvt. Ltd (division of
Steelnet); Hastt Zimbabwe Ltd (Division of Steelnet); BMA Fasteners
(division of Steelnet); General Belting Ltd (51% SMM); General
Beltings (division of General Beltings Ltd) and Pigott and Maskew (division of General Beltings Ltd). All these companies belonged to
Shabanie Mine.
Mr. Speaker, I just want to take you back a bit to how this mine got into trouble. There has never been a discussion by the Directors of
Shabanie Mine or plans to say that they are shutting down Shabanie Mine I moved this motion because we always talk about growing the cake.
In my Constituency, Zvishavane-Ngezi, that is where Shabanie
Mine is actually situated. We need to remember that this mine closed in 2004 and we are in 2017. It actually has more than 42 million tonnes of asbestos fibre which is still underground and can still be mined. Mr. Speaker, I am telling you all these things because of the living conditions and the workers that were prejudiced of their salaries after working for Shabanie Mine for such a long time and have not yet received any payment.
THE ACTING SPEAKER: Order, order Hon. Members, can we
hear the Hon. Member in silence please.
HON. HOLDER: Mr. Speaker, the sanitary facilities, the infrastructure, the roads and everything is deteriorating. When Shabanie Mine was sold, I just want this House to understand a few things that I have actually come across. TNN Holdings owned SMM Holdings and SMM Holdings is a company which is in the UK’s part of the British Virgin Islands. Then there is SMM Holdings Zimbabwe. Now, TNN put an advert Mr. Speaker.
THE ACTING SPEAKER: Order, order. This subject is quite important for all of us but I wonder why we come here and then we start making noise. We are Hon. Members and we should be respectful. - [AN HON. MEMBER: Inaudible interjections.]- Both sides are making noise, particularly to my left at the front here where you are Hon. Chamisa. It is not you but your colleagues around there are making a lot of noise. So, maybe I would ask Hon. Holder to come infront here so that we all hear what you are debating.
HON. HOLDER: Thank you Mr. Speaker. Can I start again so that this House can get to understand where I am coming from?
THE ACTING SPEAKER: We cannot give them the benefit of the doubt. Continue from where you left.
HON. HOLDER: Thank you Mr. Speaker. As we all know, Shabanie-Mashava Mines closed in 2004. It was a mine that was established in 1914 and because it was a mine that was established in 1914 – Gaths Mine was established in 1914 and Shabanie Mine was established in 1917. Mr. Speaker, Shabanie Mine employed more than 5 500 workers who have since lost their jobs. The reason why I moved this motion is that we always talk about growing the cake, but we need to understand that the moment that we become silent, things that matter in our lives begin to perish.
The reason why I have actually come as Member of Parliament for
Zvishavane-Ngezi is because I represent the people. ‘MP’ stands for ‘man of the people’. When you are man of the people, you have to bring the people’s issues to the House. I say that because Shabanie Mine was established in 1917 and it was run by British people for over 70 years. Because it was run by British people for over 70 years, now that an indigenous Zimbabwean purchased this mine or bought shares in this mine, this mine is now stagnant. It is not working, it is dead – the infrastructure and the housing is going down. The roads are going down and the workers have never received their salaries and others have since passed on when they never received any of their payments.
We talk about this economy that the country needs to revive its economy. Most of Shabanie mines material that it mines, they would actually make roofing, asbestos piping for the sewers and most of this country is actually built from what came from Shabanie-Mashava Mines. There are more than 42 million tonnes underground which can be utilised and produced in order for this country to come back onto its feet.
There were 26 subsidiary companies namely; FSI, MidSec Security, Belt and Fasteners, Pigot and Maskew and several others and they were including Tunnel Asbestos. Now Mr. Speaker, I just wanted you to understand that, T and N Holdings owned SMM Holdings and now there is SMM Holdings in the UK and SSM Holdings in Zimbabwe. T and N was actually getting rid of core assets and because it was getting rid of core assets, it put an advert in the London Financial Times that it was getting rid of core assets around the world. Now, what has happened is that, I have a letter here dated the 28th of September, 1995.
It was to do with the arrangement of the person who is Mutumwa
Mawere who was the person who actually bought shares into SMM Holdings. This mine was put under reconstruction. When it was put under reconstruction, that mine was supposed to be resuscitated but instead, we dissolved a full board and after dissolving the full board, you put one person who has no idea whatsoever of running that mine and has no experience in running it. He was just an administrator.
I am saying this because it pains me so much when I see that this mine has not moved an inch. People are perishing because of the living standards. As long as the mine does not operate, it will depreciate.
THE ACTING SPEAKER: Order at the back. There is a lot of movement and a lot of talking there. You may continue Hon. Holder.
HON. HOLDER: SMM Holdings used to produce enough asbestos that would go to Turnall Asbestos and they would produce pipes, roofing material and stuff like that. Up to now, most of the houses that you see within the country….
HON. MLISWA: I have a point of order Mr. Speaker Sir. My point of order is out of this Constitution. I have just come from the Heroes Acre and I want to read our Constitution’s Preamble to you. It says, “United in our diversity by our own common desire for freedom, justice, equality and our own heroic resistance to colonialism, racism and all forms of domination and oppression; exalting the brave men and women who sacrificed their lives during the Chimurenga and national liberation struggles; honouring our fore bearers and compatriots who toured for the progress of our country.” The last paragraph of the Preamble says, “in imploring the guidance support of the Almighty, here make this Constitution and commit ourselves to its fundamental law of our beloved country.” I am coming from the Heroes Acre and I am very disappointed that Members of Parliament are not respecting the fallen heroes of this country. I do not care which political party you belong to but we have committed ourselves to this Constitution - [HON. MEMBERS: Hear, hear.]- and it is about time. We are here sitting in this House because of the blood which was shed and in our diversity, we must be able to respect that and we must be above that - [HON. MEMBERS: Hear, hear.]- I am disappointed that even His Excellency recognised the Members of Parliament in his salutation. Where are we?
Are you here to represent your own agendas or you are here to represent the people who voted for you? I am saddened as Zimbabweans that we are now and we will not anywhere. The late Joshua Nkomo and Tongogara are there. Why can you not respect them? You must transcend beyond political affiliation and rise above personal issues that you have and be Zimbabweans. We will not accept this - [HON.
MEMBERS: Hear, hear.]-
THE ACTING SPEAKER: Order, order please. Order, order? Order Hon. Members! Yes, we hear you Hon. Mliswa but as you are aware, the House had to sit and some Hon. Members had to respect that. We hear were you are coming from and it is important that we respect heroes – [HON. MLISWA: The House sits at 1415 hours and the proceedings were at 1000hrs.] – Order! - [HON. MEMBERS: Inaudible interjections.]- Order! Order! Order please! Order please! Order please!
- [HON. MLISWA: Inaudible interjection.] - Hon. Mliswa! Order! Order please! Hon. Mliswa, what could have been a good gesture might end up being spoiled – [HON. MEMBERS: Inaudible interjections.]- THE ACTING SPEAKER: Order Hon. Members. Let us not be
excited. Let us not forget that we are in an honourable House. Hon. Mliswa, a good gesture must end up as a good gesture. Let us not over
do it.
*HON. MURAI: On a point of order Mr. Speaker, we are black people and we share the same culture. All of us respect the dead but as we are respecting the dead people, no one should judge or take stock of how we mourn and show our respect. It does not help for someone to show us how to mourn. We grieve differently. Otherwise we are grieving more than those who are at the Heroes’ Acre. So, we should be respected because we grieve differently.
*THE ACTING SPEAKER: We have heard what you have said. Let us move on.
HON. HOLDER: Thank you Mr. Speaker Sir. I tried to raise that point of order and Hon. Mliswa is only getting it. I am glad that you mentioned that.
Let me get back to my debate. My debate is all about Shabani Mine. Shabanie Mine closed in 2004 and the problem is that if this mine is going to remain closed, it continues to deteriorate. We have had good rains this year. The water levels have now since risen and they are rising to a point whereby if that water gets into certain levels, that is the end of that mine. We will not mine asbestos again. That mine is actually 1040 metres deep. From 1004, which is over a kilometre deep. If you look at it, the whole mine is flooded but every month, Shabanie Mine has to pay for electricity which is being used to pump out the water so that when the mine will be resuscitated, we will be able to go in and mine. We need to know that Shabanie Mine, SMM would produce asbestos fibre and give it to Turnall Asbestos that would produce products. Those products would be sent to South Africa where SMM would have a warehouse. They would sell the products and send back the money.
Shabanie Asbestos Sales (SAS) department would market this asbestos. Once it has marketed the asbestos, it would send the money to SMM. I do not know what the system is that it is MMCZ which should control most of these sales.
Mr. Speaker Sir, since 2004, there are a number of things that we need to understand and that the mine was put under reconstruction so that it could be resuscitated. When the reconstruction fell apart, this mine was given to ZMDC and the ZMDC does not have the capacity to mine that mine. That mine was run by the British for more than 70 years and now we have a local person who was able to run that mine but the biggest problem we had is that, when this mine was taken over, it had a lot of debts. It had $30 million worth of stocks in stock, it had $30 million that it was owed and the full asset value for the whole mine was $60 million. That $60 million is what T&N had sold this mine for, but the idea of selling the mine – I have a letter with me here Mr. Speaker:
28th September, 1995.
- Mawere Esq.
World Bank/IFC
1801 K Street NW
Washington DC 29433
Dear Mr. Mawere
Shabanie and Mashaba Mines (Pvt) Limited
I refer to your letters of 6th and 17th September concerning the above.
Your unsolicited approach appears to be based upon a misunderstanding of this Company’s announced plans to make a number of disposals of non-core activities during the next two years or so. Nonetheless, I have asked David Carruthers, our Deputy Chairman, to arrange a meeting with you to discuss your interest and the precise nature of your proposal. Mr. Curruthers will contact you shortly to arrange such a meeting.
Yours Sincerely
- F. N. Hope
Executive Chairman.
T&N owned SMM, SMM is part of the British Virgin Islands which is SMM UK and SMM Zimbabwe. What had happened here Mr.
Speaker is that when he saw the advertisement in the London Financial
Times, he mentioned that he had interest in purchasing, because he helped finance a few companies whilst he was working for the World Bank. This letter shows that when he made arrangements, he flew to London and met with Mr. Carruthers and he said that he was interested in purchasing Shabanie Mine. During the discussions, he said go and make an offer where he, from New York, flew to London and after the meeting, flew to South Africa. When he flew to South Africa, he put a team together and sent a team back to Zimbabwe to come and do due diligence on the mine. They found out that the mine’s assets were $60 million then, and that was in 1995.
That time we had not yet dollarized, we were still in Zimbabwean dollar era. Mr. Speaker, what we need to understand is, $30 million was owed to Shabanie Mine, $30 million was in stocks and they were owing a lot of people money but they were still running and managing to pay people’s salaries and managed to contribute towards the GDP. Mr. Speaker, I am saying all this because I want you to understand that when that transpired, the then Minister of Justice, put this mine under reconstruction. When it was put under reconstruction, it had 26 subsidiary companies. Out of the 26 subsidiary companies, all of them have been striped and sold. FSI is gone, Turnall Asbestos is gone, MD Security is gone and Belt@Fasteners is gone. The mine nothing - it is just a skeleton. We have 42 million tonnes of asbestos sitting under - ground. A research was done Mr. Speaker, to show that this fibre has no disease at all. It is a very clean fibre and I have the record here. There is nothing wrong with that fibre. Any Member who feels that fibre has a problem, must read this book and follow up and debate on the facts based on what was produced – [HON. MEMBERS: Inaudible
interjections.] – It is written here.
THE TEMPORARY SPEAKER: Order, you may proceed
Honourable.
HON. HOLDER: You will have your time. I will submit it. Mr.
Speaker, what we need to understand is that in 1996, SMM, Turnall
Asbestos, Tube and Pipe were all part of Shabanie Mine. Now, Shabanie Mine, everything is deteriorating and the water level is coming up. Every month they are getting a bill to pay ZESA for pumping the water out but at the end of the day, you have got over 5 500 workers that have never gotten their money, that have worked for most of their lives for Shabanie Mine. Others have perished and still have not received their money.
What we need to understand is that when something goes bad, you will find that the flies will go there. I am saying this because you can see that the reconstruction where a single person makes a decision and dissolve the whole board that had to contribute to ensure that the mine was running. This mine ran long before most of the Hon. Members were born but now it is a sad and sorry site because I represent that constituency. I always come across the question, is this mine ever going to open? Mr. Speaker, many Hon. Members here were busy grumbling and saying that there is no asbestos that does not have a disease, but most of their houses are roofed with asbestos and the sewer and water pipes are asbestos. It is only now we are beginning to change.
I am saying, we need to now play an important part and get this mine to resuscitate so that it could employ over 10 thousand people. We can produce and export asbestos and make sure that things are being done - the living standards of our people, that is a sleeping giant in this country, Mr. Speaker. I feel that if we do not do something as a matter of urgency – it was actually better off the mine was being run by Mawere. We would be able to control him and tell him these are the laws. The problem is that there are many accusations that have never been proved.
This mine had been going on for years. The previous Parliament; my previous predecessors, the Mines and Energy Portfolio Committee then, made recommendations and none of that has been followed until today. What has actually happened is that these mines have now been turned into schools and universities. Mashava is Great Zimbabwe University and Zvishavane is Midlands State University. We need to get these mines to be resuscitated, people would get what belongs to them and we would be able to make sure that at least our country; the economy will improve foreign currency inflows.
What we need to understand is that when this mine was taken over and put under reconstruction, the directors of this mine had no plans or intentions of closing this mine. There was never any of those plans but since it was taken over, put under reconstruction, it never worked but continues to strip the company down. There is nothing left; it is now just a shell. We might be still saying we have got a mine but it is just an old structure with nothing in it.
I would like to say, it is sad to take somebody who does not even know how to run a mine and give him the mine to run. If I were to take a security guard who is at the gate and make him a manager of a certain entity, it is not going to work. I am bound to make sure that this mine is going to collapse.
Mr. Speaker, I know a lot of Hon. Members have got a lot of things to say regarding Shabanie Mine but I take particular interest because I come from that area. There is a lot of research that I have done but I need to clarify some other issues regarding Zvishavane and
Mashava mines. Is it going to open up again or is it not going to open up again no one knows. Mr. Speaker, let us look at Mutumwa Mawere. Mutumwa Mawere is actually a person who was born in Gutu. He is not a foreigner, so we cannot even talk about indigenisation there. He is part and parcel of us. – [AN HON. MEMBER: He is a criminal that one.] – We may say he is a criminal or whatever but I want you to understand that until you have been proven guilty, you are not guilty.
There are certain issues that have happened but I am sure there is a better way of resolving certain issues and making sure that that mine is resuscitated so that it can benefit, not only the people of Zvishavane but the people of Zimbabwe. A lot of companies were established through SMM Holdings and now SMM Holdings is at a standstill. Mr. Speaker, let me hasten to say that a lot of issues transpired in the past but there was never any externalisation that took place, or else he would have been convicted. Yes, SMM Holdings was owing a lot of money, but it was managing to pay its workers, contribute to the fiscus and it was producing.
I have this diagram which shows the water levels at Zvishavane mine. (Showing a diagram to the House). They are currently sitting on 570 metres; it is full of water going down. a lot of equipment has perished underground. If it exceeds that 570 metres, then there is no way Shabanie Mine can ever open again. Mr. Speaker, this would be one of the saddest that would ever happen to this country, if we do not open that mine. With those few words, I thank you for allowing me to debate on Shabanie Mine.
HON. CHIMANIKIRE: Thank you Mr. Speaker for allowing me
to shed my opinion on what took place and what is taking place at
Mashava and Shabanie Mines. What is happening at Mashava and Shabanie Mines is indeed a tragedy. I have had the opportunity of visiting those two mines when I was Deputy Minister of Mines and Mining Development. The social decadence which my colleague had not mentioned is so tragic.
When we talk about child marriages, they are so common in that area at the moment, simply because the parents no longer have any income to depend on. What they have had to do is to marry out their daughters so that they could subsist. When you go into the area where they refer to people as makorokoza, I had the opportunity of stopping along the Mashava River and there were makorokoza who were digging. There were hoes all over. I stopped and spoke to them and only to discover that these are trained technicians and engineers who were actually digging the holes. I am sure my colleague can bear me witness.
When I wanted to find out why they were makorokoza, they said we were stopped from working, we have no more income coming from the mine and what we are trying to do is to survive on this. They were actually scrounging for gold in that area. The worst tragedy is when Government decided to transfer Shabanie-Mashava Mines to ZMDC. I agree with the sentiments that were expressed by the former speaker because ZMDC has over 25 projects. Indeed, quoting the words of the current Minister of Mines and Mining Development, he said ‘it is the biggest investor in mining’ but they do not have even a single mine that is operational.
Not only are we talking about Mashava and Shabanie, there is Sabi gold just down the road. It is a very big mine, they are attempting right now to make it working but it has not been working for the past five or six years, now it is running. Most of the mines that fall under ZMDC are not operating. Therefore, it is clear that ZMDC cannot revive Mashava and Shabanie Mines.
When it comes to accommodation, part of the accommodation in Mashava and Zvishavane is being occupied by a chrome mine which is just up the road. People are bused in and out of Mashava and Shabanie. However, what had befallen those workers who were living in those houses, nobody cares. All they did was to kick them out and they are renting those houses out, almost a 1000 houses to the nearest mines that is operating up the road towards Mberengwa.
Mr. Speaker, when one looks at the way we have looked – we have kept quite not only at Mashava and Shabanie but we have also kept quiet about diamond mining. For how long shall we keep quiet until all the mines that have been operating stop operating? I think we have to raise our heads and say what is going on? What needs to be done? We need to rescue the residents of Shabanie and Mashava because as far as the asbestos in that area is concerned, it was well expressed that there is a market for white asbestos in East Asia. However, we are failing to exploit what is underground in order for us to be able to export it to East Asia. The market is ready; the buyers are there but - what-ever happened, the Mawere saga, I heard one member shouting that he externalised, that is not an issue – who has not externalised in this country, any businessman has externalised. How then do you externalise and then you shut a mine and people begin to suffer. We are actually using the United States Dollar, so what so you want to externalise.
Mr. Speaker, the interjector better wait for his own opportunity to debate because he was also an externaliser as well and I do not want to refer to that. It is sad that a person who was put in charge, I am not going to mention their name, at Mashava and Zvishavane, had no expertise at all to look after a mine. After he was being paid large sums of money for doing next to nothing and unfortunately, some of the companies that were stripped, the money was going towards paying salaries of the executives and the directors. They are still being paid by monies that is being created by actually stripping some of the subsidiary companies and selling those assets, which in itself is quite sad.
Indeed, Mr. Speaker, if we are going to pay service to indigenisation when an owner who is an indigenous is deprived of operating his mines when he has got shares. I think we should be able to ask ourselves, then what. The right to property under our Constitution, if there was any case he had to answer, he should have answered it and gone to prison but he should have retained his properties. There was no need for expropriation that would actually victimise not only himself but his properties. We are all aware that Mr. Mawere is a very successful miner and business man in South Africa that is not disputed.
Therefore, for us to be shouting that he has got a criminal mind. We have more criminals sitting in this Parliament than Mawere, in my own opinion. When we look at it we have got certain stories that we read in papers that indicate that some of us are criminals more than Mawere. The one who is shouting also was in prison a few months ago.
HON. MLISWA: On a point of order! Mr. Speaker Sir, he said that we have some criminals sitting in this House. Every Member of Parliament sits when they have no criminal record. So, it is important for him to tell us which criminals are sitting in this Parliament or he withdraws his statement. If his party has criminals then that is different. I am not a criminal and I got in as a Member of Parliament after the realisation that I do not have a criminal record. Can he please substantiate his claim – [HON. MEMBERS: Inaudible interjections.]-
THE TEMPORARY SPEAKER: Order, order! I did not hear
him mention your name but he said there are criminals in this Chamber. So, probably what you could have asked was for him to withdraw that there are criminals in this Chamber not particularly mentioning your name.
HON. CHIMANIKIRE: Mr. Speaker, from this Chamber, we
have a former Member of Parliament who is serving a 10 year sentence in Chikurubi – but he was sitting with us here. The fact that he had not been convicted – [HON. MEMBERS: Inaudible interjection.]- We have a Member of Parliament who is in custody right now, for trying to sell a pangolin – [Laughter.] - and he is frm this Chamber.
THE TEMPORARY SPEAKER: Order, order! Hon. Sibanda,
you are a Chief Whip and you just leave your sit to go there and start making noise. Why do you do that, we expect you to be supervising this House.
Hon. Members, we are here to debate substance. If you feel you object to whatever has been put across, there will be a chance for you to raise – [HON. MLISWA: Inaudible interjection.]- Order, order! There is a Chair and there is a limit to whatever we do. So, I think this is my second warning to you as much as I would want you to debate but please let us not get excited. So, let the Hon. Member debate in silence. If anyone is objecting to whatever he has raised, I will give you the floor to object.
HON. CHIMANIKIRE: Thank you Mr. Speaker. I think what is
important here is the social welfare of the residence of Mashava and Shabanie, the rest could be rhetoric and my appeal is that Government should review its decision to actually pack Shabanie-Mashava with ZMDC and they should actually be looking at alternative of who is willing to buy those companies and resuscitate them. So, that is a contribution towards the resuscitation of our own economy. I believe, Mr. Speaker, with those words, I have said what has to be said. Those who are guilty know it. I thank you.
THE HON. VICE PRESIDENT AND MINISTER OF
JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Mr. Speaker Sir, I rise to make clear an issue which if you make a ruling let us all be clear that you have made a ruling to the effect that we accept, which I personally do not accept that we have criminals in the Chamber. I thought it was necessary for the Hon. Member, because those who have been found guilty are not in the
Chamber. It is my belief that all Hon. Members in the House are honourable and they are not criminals. I believe that the Hon. Member should withdraw so that we do not have a record in history where we accept that we continued with a House with criminals. I do think it is proper. However, if Mr. Speaker, you so rule that you think that there are criminals in this room, I do not agree but you have the right to do so.
THE TEMPORARY SPEAKER: I agree with you Leader of the
House. It is my oversight on that one, I should have asked him to withdraw that particular point but I had only mentioned the Mliswa issue not going further to ask him to withdraw the rest of his statement. If the
Hon. Member could withdraw that part where you said some Hon.
Members here are criminals.
HON. CHIMANIKIRE: Mr. Speaker, I said some…
THE TEMPORARY SPEAKER: No, I heard you. It is on record – [HON. CHIMNAIKIRE: Ko kana ndisingade mugondiitei? I will walk out of the House.] - Order, order! Hon. Chimanikire, address the Chair please!
HON. CHIMANIKIRE: Mr. Speaker, if I made a mention of
those words, I withdraw. I thank you.
HON. MUDARIKWA: Thank you Mr. Speaker. The issue that
we are discussing at this moment is something that involves the lives of 5 000 workers and their dependants, so maybe we are talking of 25 000 people having been affected by the closure of this mine. What is important is not to dwell on the past, we need to have a way forward. What is the way forward – we have highly qualified journey-men who are there at the mine. They have nowhere to go and the life of the mine has another 50 years. It can go for another 50 years. So those are the things that we must look at, we must then do a due diligence and say what is the way forward, how do we do these things.
The other point that I want to emphasise is that the fibre at Zvishavane-Mashava is clean fibre; it can be used for schools. It is actually the source of our development. When you have got a house in the rural areas with asbestos, when you have a farm and you want to do irrigation, you use asbestos pipes. They are cheaper and they last longer.
So, it is something that is critical in the development of Zimbabwe. As Parliament, what are our plans for the way forward of this company?
My first observation is we cannot put Zvishavane/Mashava under ZMDC. It is a non starter. ZMDC is irrelevant in this structure because this is an operating company. If we say we raise something like $20 million, the company will start operating and tomorrow they will be making a profit. From the recommendations of the Hon. Member, how do we set up a board to run this company? It is my belief that most of the board members must be former workers and former managers of this company, because they know how this company has been running. The owner of this company has been staying in UK and he would only come here once a year. It has always been the management that has been running this company.
I used to go there and I know how these things happened. I know the value of that mine. It is a mine that can be turned into life tomorrow and we can earn some money for the country. The other thing that is very important is that when we have these big mines and we have some problems, it is important to go and call some of the workers who were retired and were doing critical jobs. They know how to do that thing and they will turn it around overnight. – [HON. MEMBERS: Hear, hear.]-
I am in the mining industry and as an employer we say anyone who reaches the age of 55 years must be retired. That is your prime time when you know everything and that is the major problem that we have in our mining industry. There are some people who were working on that mine who reached 55 years who were retired and who still have the capacity to resuscitate the mine which will benefit everybody. Some people just say things out of ignorance. All the houses in our rural areas are made out of asbestos from Zvishavane. If you go to Glen Norah, before extension, all those houses had no ceiling and it was all asbestos.
So, there are some people and because they do not belong to the country, they always do not like the products of their country. They are saying they are toxic and this and that. It is all lies. It is that asbestos from Europe which has got fibre that affects our lungs. This fibre from Zvishavane is very clean. If people do not know, it is always better to keep quiet and then we will not know that you are an ignorant person. –
[HON. MEMBERS: Hear, hear.]-
The other thing that we must look at now as an immediate measure is how to look after our people and improve the quality of the lives of our people. The Ministry of Social Welfare must move in and say let us organise food for these households because they are not employed and they are not farming anywhere. We organise them in clusters or in wards and say let us give them some food before the company operates and even to give them some soft loans, because that company will never operate and make a loss. It is there and it is very clear.
Mr. Speaker Sir, mines or any mineral only has got value when it is taken out of the ground. You cannot say it has value when it is underground it is underground mixing with water. We must always thrive to bring our minerals out of the ground and put them on the market so that we benefit our country. When we have this chance to discuss about ZMDC, we must look at several mines that are under the umbrella of ZMDC which are not operating.
I was talking to one worker for ZMDC and he said ZMDC means Zimbabwe Mining Destruction Corporation. – [Laughter.] - That was his mind because he realised that it is not benefiting anyone. The mining industry per se, we must come up with a new vehicle that is going to benefit our miners because 4 000 miners are Zimbabweans. They are the sons and daughters of Zimbabwe and they can be able to benefit. There are many gold mines that are under ZMDC where people are going everyday during the night to do mining underground and come out early in the morning.
So, whenever there is a problem with a mine, we must look for a vehicle, a new company that looks after that mine and benefit the people. When you go to Zvishavane, like what the Hon. Member, mentioned, the infrastructure there is just in a sorry state. The roads have potholes all over and the houses have broken window panes. We must always value the infrastructure. That is why the Government put the
Minister of Infrastructure. Infrastructure is the basis of development.
Rome was not built in a day but it is standing on seven hills. What is standing on seven hills is the infrastructure which was built there by the Romans.
Mr. Speaker Sir, in conclusion I feel that we need to have a way forward. We need to have command mining. The Vice President is here, he succeeded in command farming and I think he is going succeed in command mining. – [HON. MEMBERS: Hear, hear.] - The first example must be Shabanie-Mashava Mine. I thank you Mr. Speaker Sir.
*HON. CHINOTIMBA: Thank you Mr. Speaker. I have a few words to add on the motion which was raised by Hon. Holder, looking at Mashava and Shabanie Mine. As a representative of the workers, I am the President of Zimbabwe Federation Trade Union. I am pained that our workers are living in poverty when the wealth is underground. We want to uplift our economy but we are pulling it down.
HON. MLISWA: Mr. Speaker, it is important that we know that these things are going on record. Hon. Chinotimba says I am speaking representing the workers and this is going on record. Other worker organisations will also come to represent their workers. He is an Hon.
Member of Parliament and he cannot address representing members of his union. He should withdraw that. – [HON. MEMBERS: Inaudible
interjections.]-
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order, order please. I think Hon. Chinotimba is trying to make you realise that he has a role to play on the lives of the workers as the President of that union. It is not that he is coming to introduce himself, but he is only giving reference. You may continue Hon. Chinotimba.
*HON. CHINOTIMBA: Thank you Mr. Speaker. We represent all the people who are workers. Workers are people, so we represent the people. Some people can say that asbestos has been banned, but all our cars are fibres and all the blocks that are used are not plastic or rubber but it is fibre. We cannot go to Brazil and look for fibre when we have fibre here yet we do not have money to import that fibre. We go out of our way going to other countries leaving our own resources here in Zimbabwe. We know that probably we went wrong somewhere but I think the leaders should sit down with Mawere and see how we can go about it. Yes, we know that the case went through the courts and people can claim their backdated money but I think even if you send people like myself to go and engage Mawere so that we start production, I will do it without even going anywhere else. We all make mistakes but we should be able to forgive and not hold grudges. Zimbabwe is a peace loving country and the President talks about reconciliation and I think we should reconcile. This is an open thing. We know that all the houses that we have are being roofed with fibre and not plastic. If you go to
Hon. Mashayamombe’s constituency or visit Mabvuku area, it is all fibre which is being used. So, where is the mistake?
As the people’s representatives, what challenges us is that people are suffering and living in poverty when they have things in their hands. This is not a political gimmick but a real issue, which we should look at in order to make our country a better place to live in. We are saying that it is now long overdue and the mine is supposed to be operational. Mashava and Shabanie should be reopened and be given to people who are capable of resuscitating it. Government is the people but we should give it to people who have the powers for it to work. If we are to look at the past, Smith killed thousands of people but we reconciled with him. Why did we not murder him? So, we should also forgive our own people so that our things work. We can be emotional when we talk about this but people out there are suffering.
During the struggle, there was a song which we used to sing and the words were kutambura kwedu kwazonyanya.
THE TEMPORARY CHAIRPERSON: Order Hon. Member,
you are not allowed to sing in the House.
HON. CHINOTIMBA: Thank you Madam Speaker, I am not
singing but I am talking about the revolution. Mashava did not just employ people in Masvingo but also people from Midlands, Manicaland, Mashonaland Central and even people from Harare. It is most likely that the managers were from other provinces. So, the people of Zimbabwe should not suffer when we have our own things which can be revived even tomorrow. With the indulgence of the Vice President of the people who is here, we plead with him to take up this issue to Cabinet so that whatever went wrong can be rectified and Mashava mine can be reopened. We cannot say we do not have asbestos while our cars brakes are made of fibre.
With these few words, I am pleading with the Vice President to heed the cries of the people so that we help each other as MPs to engage those who are capable of revamping our economy.
HON. MATUKE: I move that the debate do now I adjourn.
HON. GONESE: I object.
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, yesterday I accepted a request from Hon. Chamisa when I would have done my Bill yesterday. He requested me to defer the Bill to today and I accepted because he wanted to put some amendments which now appear on the Order Paper. I am now requesting that the House goes into Committee to deal with those. I could have done it yesterday but I complied with the wishes of requesition. I would like that to be done then we revert to the debate if they so wish.
HON. MATUKE: Madam Speaker, I had already moved that the debate be adjourned.
HON. GONESE: There is further debate. Madam Speaker, first and foremost, I think we want, by consensus, to do things that are helpful to all of us. The first point which I was not going to raise is that today is a Wednesday and Private Members’ business takes precedence until until 6.05 p.m. It was not a point which I was going to raise, but I think if we have to go that route - it was not my intention Madam Speaker to go that route. Earlier on in the morning, Madam Speaker, after some consultations, we came to an amicable arrangement whereby, we said that we would allow motions to be debated. That is the reason why the motion by Hon. Holder was moved. It was through an amicable discussion and I withdrew the objection which I had raised earlier on after my colleague, the Government Chief Whip, had asked me to withdraw and I acceded to his request.
In that same spirit, Madam Speaker, it is my request that at this point in time; I was simply saying that your office had indicated that Hon. Gabbuza, in particular, and one or two other members were going to debate. All we are asking is, let those members debate. Once they are done, it also allows us to consider those amendments brought by
Hon. Chamisa – I have indicated to the Hon. Vice President that Hon. Chamisa had even spoken to the Hon. Vice President and indicated to him that he had some commitment with the Chief Justice and he is coming back. I also want other members to acquaint themselves because we assumed that Hon. Chamisa was going to be present to motivate some of the amendments.
After my discussion with the Hon. Vice President, he indicated that there are some amendments which he is agreeable to, but in respect of those amendments which he may not accede to, it is my belief Madam Speaker, that we have got every right to debate those amendments and to try and motivate the whole House so that the Hon. Vice President can consider them. For that reason, Madam Speaker, I had only asked that we agree, but if we cannot agree, we do not have to invoke the provisions of the Standing Orders which provide that until 6.05 p.m it is
Private Member’s Business, but otherwise I was not going to go that route. I was simply saying let us agree in terms of the cooperation which he had exhibited earlier on just like Hon. Gabbuza and two other members and thereafter, we go to Government business even before 6.05
p.m. That is all we are asking Madam Speaker. That is my position and our position on this side of the House.
THE HON. VICE PRESIDENT AND MINISTER OF
JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): I hear the Hon. Member. I think if we want to develop a culture where one side will take advantage just because we are complying, then we can use our numbers not to comply and just be antagonistic throughout. It is proper.
Yesterday, I could have done my Bill, but Hon. Chamisa appealed to me not to proceed. When I came in, I left Heroes ahead of time to come and do the Bill. When I came here, Hon. Chamisa came to me and asked me to delay for another 20 minutes. I have now delayed for 35 minutes. He told me he was going to see the Chief Justice and I told him the Chief Justice has just come back because we came about the same time. I told him he could rush there and see him and he hoped he would be back within 20 minutes.
I went through with Hon. Chamisa, the amendments which I agreed to, which he has put forward and those which I did not agree to. He said if the 20 minutes passed before he came, I should move ahead with the Bill. If the Hon. Member wants to evoke the provisions he has mentioned, he has that right to do so, but it also means tomorrow we will do the same and there will be confrontations in this House and those who have got numbers will take the day.
THE TEMPORARY SPEAKER: I put the question that the…
HON. GONESE: On a point of order, Madam Speaker – [HON.
MEMBERS: Inaudible interjections.]- the provisions of the Standing
Orders…
THE TEMPORARY SPEAKER: Order, order Hon. Members. I think now I am following the Parliament Procedure…
HON. GONESE: No, it is a point of order Madam Speaker; it is a point of order.
THE TEMPORARY SPEAKER: Where is the point of order coming from?
HON. GONESE: My point of order is that you cannot put the question because at this point in time, the Hon. Vice President who appreciates the rules…
THE TEMPORY SPEAKER: Order, order Hon. Gonese!
HON. GONESE: Yes it is a point of order Hon. Speaker. It is not right to put the question.
THE TEMPORARY SPEAKER: Order Hon. Gonese, order
Hon. Marumahoko. I have not given the ruling. You asked for a point of order in the first place, so I have not responded. I am still to respond.
Yes, I am putting the question because the procedure of Parliament allows me to see how many people are supporting the adjournment of the debate or not – [HON. MEMBERS: Inaudible interjections.]– Hon. Gonese order, order!
HON. GONESE: It is not about numbers. It is about the rules at this point in time Madam Speaker. So you cannot put the question because it is not about the numbers.
THE TEMPORARY SPEAKER: Yes, but we had already…
HON. GONESE: The terms of numbers does not apply at this point in time, Madam Speaker. We are dealing with the rules.
THE TEMPORARY SPEAKER: Order Hon. Gonese! Hon.
Gonese, the rules are clear.
HON. GONESE: Which rule are you following Madam Speaker? Which rule are you using to put the question to the House in terms of numbers?
THE TEMPORARY SPEAKER: Hon. Gonese, the rules are
clear. We agreed in the beginning of this session that we are moving from the Private Members day to these motions.
HON. GONESE: No, we did not. At which point? I was in this
House and there was no such agreement.
THE TEMPORARY SPEAKER: We did.
HON. GONESE: No because what I know is that we agreed to suspend Question Time for motions to be moved.
THE TEMPORARY SPEAKER: So now we are already
debating motions. We passed that stage.
HON. MARUMAHOKO: Thank you Madam Speaker. When I
was in the Chair, Hon. Chamisa came to me and asked for 30 minutes to be out and that he would be back before 30 minutes. We agreed that we were going to delay for 30 minutes to accommodate him, but now it is more than 30 minutes. Thank you.
THE TEMPORARY SPEAKER: So, as the Chair, I am putting the question to see how many people are in support of the adjournment of this debate.
Motion put and agreed to.
Debate to resume: Thursday, 13th April, 2017
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: Madam Speaker, I move that Orders of the Day, Numbers 9 to 49, be stood over until Order of the Day Number 50 is disposed of.
HON. MUKWANGWARIWA: I second.
Motion put and agreed to.
COMMITTEE STAGE
JUDICIAL LAWS AMENDMENT (EASE OF SETTLING
COMMERCIAL AND OTHER DISPUTES) BILL [H. B. 4, 2016] Fiftieth Order read: Committee Stage: Judicial Laws Amendment (Ease of Settling Commercial and Other Disputes) Bill [H.B. 4, 2016].
House in Committee.
Clause 1 put and agreed to.
On Clause 2:
HON. GONESE on behalf of (HON. CHAMISA): I move
the amendment standing in my name that in line 20 on page 2 of the Bill, to insert after the phrase “field of,” the words “criminal law.”
Between lines 22 and 23 on page 2 of the Bill, to insert the following subsection, the remaining subsections being renumbered accordingly:
“(3) Every specialised division of the High Court may exercise the general jurisdiction of the High Court in every matter that is brought before it.”
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Hon. Chairman, with regards to Clause 2, the amendment sought to Clause 2 is accepted since the Clause also mentions the family division although it was strictly not necessary to do so because there already is in existence, a family law division and a criminal division of the High Court, whose existence is confirmed and validated by the savings clause in Clause 5.
So, the second amendment is not accepted on Clause 2. The amendment in Clause 2 which you have just put Hon. Chairman is not accepted because the division of the High Court is not new but simply specialised arms of the High Court exercising the same jurisdiction as the High Court. To say so explicitly, is to suggest that pre-existing divisions of the High Court such as the criminal and family divisions could not exercise general jurisdiction of the High Court, which is simply not the case. So, I do not accept the amendment under Clause 2 proposed by the Hon. Member.
Amendment to Clause 2 put and negatived.
Clause 2, put and agreed to.
Clauses 3 and 4 put and agreed to.
On Clause 5:
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): I put the amendment standing in my name that on
page 3 of the Bill, in Clause 5, delete paragraphs (c) and (d) and substitute:
(c) the Special Court for Income Tax Appeals constituted in terms of
Section 64 of the Income Tax Act [Chapter 26:06]; and
- the Intellectual Property Tribunal constituted in terms of the
Intellectual Property Tribunal Act [Chapter 26:08]; and
- the criminal, civil and family law divisions of the High Court established before the commencement of this Act.
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Hon. Chairman Sir, on Clause 5, this amendment by Hon. Chamisa is not acceptable because the criminal and family law divisions of the High Court are not new divisions of the High Court to be created by virtue of the new Section 46 (a) to be inserted by this Bill. They were created long ago and their validity is reaffirmed by Clause 5. We do not want any suggestion to be made that these divisions were new courts by re-establishing them under the new section 46 (a) of the Bill. What are we saying about the validity of those divisions since the new Constitution came into force? We cannot throw the validity of these divisions into confusion, which is why Clause 5 is introduced by the words “for the avoidance of doubt.” So, with that explanation Hon.
Chairman, I do not accept the proposed amendment to Clause 5.
Amendment by Hon. Chamisa to Clause 5 put and negatived.
Amendment to Clause 5 by the Hon. Vice President and Minister of Justice, Legal and Parliamentary Affairs put and agreed to.
Clause 5, as amended, put and agreed to.
Clause 6 put and agreed to.
On Clause 7:
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Mr. Speaker Sir, with regard to the proposed amendment to Clause 7, this amendment is not accepted. Clause 7 is entirely dependent on Clause 6 and the one cannot be read without the other. Remember that this clause is inserted for the avoidance of doubt to encourage litigants to use our Magistrates Courts instead of the High
Court to settle their commercial disputes. This rebranding of our Magistrates Courts as commercial courts when they are hearing commercial disputes was one of the key features recommended to us by the Judicial Services Commission as part of the ease of doing business.
Therefore Hon. Chair, I do not accept the recommended amendment to Clause 7.
Amendment to Clause 7 put and negatived.
Clause 7, put and agreed to.
Clauses 9 and 10 put and agreed to.
On Clause 11,
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGAWA): Hon. Chair, with regard to this amendment, this amendment is not acceptable. I am surprised that the Hon. Member seems to be more concerned about the human rights of his fellow legal practitioners than for the human rights of poor and needy litigants, many of whom cannot qualify for legal aid.
Remember, the small claims courts are the courts of first resort for poor litigants with small claims who cannot afford legal services. What recourse will these people have if they must face lawyers who can outsmart them against a deep pocketed defendant who resists even a very small claim? This is for the destruction of the very idea of the small claims courts and this is why lawyers were kept out of them in the first place. The fact is, poor litigants cannot afford legal services on the same terms as rich litigants. So, the Government must have the power to level the playing field.
If you ask me why we need to fix a lower tariff of costs for small claims court, I will remind you that the Law Society itself only fixes minimum tariffs for the benefit of its members and not maximum tariffs for the benefit of the consumers of legal services. This is unfair to the poor and legally unrepresented people of Zimbabwe. The right to legal representation under Section 69 of the Constitution does not mean the right to legal representation at the highest cost for the litigants. For those reasons Hon. Chair, I do not accept the proposed amendment.
HON. GONESE: Thank you Hon. Chair. I just wanted to seek clarification from the Hon. Vice President because I was looking at the whole motivation of getting legal practitioners having the right of audience in the small claims court. That is arising from the provisions of the new Constitution, which gives rights to the individual to have legal representation in all tribunals and I understood that to be the motivation for the insertion of this clause.
I just wanted the Hon. Vice President to clarify for me what the import of that clause or that proviso is because the way it appears to me is that we have a situation Hon. Chair, where ordinarily litigants are able to recover part and part legal costs in all our courts. If you are in the Magistrates Court and the High Court, a successful litigant is ordinarily entitled to recover costs on a part and part legal basis, which the Hon.
Vice President is well-acquainted with.
However, there are situations where the courts can order punitive costs which are now called costs on an attorney and client scale or on a legal practitioner and client scale. The way this proviso is formulated, it appears to me that the successful litigant is not even able to recover costs on a part and part basis. The reason why Hon. Chamisa had suggested that this proviso be deleted was to ensure that where a litigant is successful, that litigant is also able to recover the costs which they would have incurred.
My view Hon. Chair would be that perhaps the way that proviso is formulated implies to me that the successful litigant is not entitled to recover anything in terms of costs apart from the disbursements. I need that clarification as to what costs are being referred to in the proviso when it says that exceeding the amount of the costs. I do not know whether Hon. Vice President you are with me on what I am trying to seek clarification on, as to whether what those costs entail. It may appear that those costs may just be disbursements. Perhaps it might be preferable to formulate the clause in such a way that it is implicit that a successful litigant can recover the normal part and part legal costs as opposed to the legal practitioner and client costs.
HON. MNANGAGWA: Hon. Chair, I realise he is a lawyer who wants to fleece the poor. The issue here is of costs. We are saying the poor litigants must be able to hire lawyers cheaply, not using the Law Society benchmarks for hire costs on hourly charges. When you have a poor person claiming a small claim in a small claims court, that should be done without the application of hire costs demanded by lawyers. If a lawyer is willing to represent the litigant in the small claims court without using hire costs as per Law Society, he is allowed to do so. We are only protecting the poor from unscrupulous lawyers. I thank you.
HON. GONESE: I am not sure whether the Hon. Vice President understood my import. I was simply pointing out that there are instances where a court feels that a litigant should not have come to court because the claim is to use legal balance frivolous and vexatious. It appears to me that this proviso takes away the power of the court even in those instances to order costs on a legal practitioner and client basis. In the Magistrates Court for instance, if a court feels that a litigant should not have come to that court or that the claim is without any foundation whatsoever, the court has got the power to order that the scale of costs to be used and that is entirely within the discretion of the court. Otherwise the first part of the proviso clearly stipulates that the legal practitioner would be entitled to costs on the basis of the Magistrates’ Court. I have no quarrel or any problem with that but I am simply saying that there are those rare instances where a court has the power in its wisdom and discretion to order costs on that scale which is now higher on the higher scale. I was of the opinion that, that power should not be taken away from the court. Under normal circumstances, when costs are awarded, they are on a party and party basis and that is already covered in Pargraph 1 of that proviso. But, I am worried in the sense that there is a total exclusion of any costs being awarded on a legal practitioner and client scale.
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): The Hon. Member is lost. He is talking about the established costs of the system, whereas this is a Small Claims Court established for the purposes of attending to poor litigants. A successful litigant cannot get costs from the Small Claims Court, that is very clear in the Act and this is what the Bill is saying.
Amendment put and negatived.
Clause 12 put and agreed to.
On New Clause 13:
HON. E. MNANGAGWA: Mr. Chairman Sir, The proposed
Clause 13 is not acceptable because it affects the legal sphere of a
Constitutional Commission namely; the Zimbabwe Electoral Commission which has not been adequately forewarned about this amendment as required by Section 157 A of the Constitution. In any case, this Clause and the following two Clauses, are founded on a mistaken view of the law. It is clear from the statutory composition of the Electoral Court, Fiscal Appeal Court and the Intellectual Property Tribunal that, they are not independent courts but simply specialised divisions of the High Court.
By explicitly reestablishing them under the new Clauses,13, 14 and 15, we are inviting lawyers to engage in needless litigation because the validity of the decisions of those courts since the new Constitution came into force, will be cast into doubt. We cannot throw the validity of these decisions into doubt, which is why Clause 5 is introduced by the words
‘for the avoidance of doubt’. I otherwise wish to thank the Hon. Member Chamisa for the care and attention that he has given to the Bill, which is very commendable in a Member of Parliament.
However, I do not accept the proposed amendment as it would run against the provision of the Constitution under Section 174 of the Constitution. I thank you.
HON. GONESE: Thank you Mr. Chairman. I was just going to request the Hon. Vice President by reason of the fact that the first reason that the Zimbabwe Electoral Commission has not been given an opportunity to comment on this proposed amendment – whether he can reconsider so that we can defer the consideration of this Clause so that we can also have the input from the Zimbabwe Electoral Commission since it is proposal or suggestion which has been made and which merits some serious consideration. So my simple request to the Hon. Vice President would be that, can we have this Clause perhaps deferred and then we can seek leave to sit again once we have had the input from the Zimbabwe Electoral Commission.
HON. E. MNANGAGWA: Mr. Chairman Sir, the Electoral Commission in terms of the Bill, were consulted. What I am referring to here is the amendment which Hon. Member has done without even consulting whether what he wants to be done for the Electoral Commission – do they accept it. That is what I am saying. Otherwise, they have been consulted on the Bill and I do not accept the amendment.
Amendment put and negatived.
HON. GONESE: Procedurally Mr. Chairman, unless I got lost somewhere. We have been dealing with Clause 13 and there are two proposals for the New Clause 14 and New Clause 15 which have not been dealt with.
THE CHAIRPERSON: Those have been covered as he stood
there.
HON. GONESE: Okay, I thought we were doing them one by
one.
House resumed.
Bill reported with amendments
Bill referred to the Parliamentary Legal Committee
TABLING OF THE ANTI-CORRUPTION COMMISSION
ANNUAL REPORT FOR 2016
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, Section 323 of the Constitution of Zimbabwe provides that every Commission must submit to Parliament through the responsible Minister an annual report describing fully its operations and activities. In observance of this constitutional requirement, I therefore, as Minister responsible for the administration of Justice, lay upon the table the Zimbabwe Anti-Corruption Commission Annual Report for 2016.
COMMITTEE STAGE
MOVABLE PROPERTY SECURITY INTERESTS BILL [H.B.7,
2016]
Fifty-first Order read: Committee Stage: Movable Property
Security Interests Bill [H.B. 7, 2016].
House in Committee.
On arrangement of Sections:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendments in
my name that on page 1, in the Arrangement of Sections, delete the titles of sections 6 and 7 and the First and Second Schedules and replace them respectively with:
“First Schedule (Section 6): REGISTRATIONOFNOTICES
WITHRESPECTTOMOVABLEPROPERTYSECURITY
INTERESTS” and “Second Schedule (Section 7): LEGALREGIME
PERTAININGTOPERFECTEDMOVABLEPROPERTYSECURITY
INTERESTS
Amendments put and agreed to.
Arrangement of Sections, as amended, put and agreed to.
Clause 1 put and agreed to.
On Clause 2:
my name that on page 4, delete definition of “Collateral Registry” and replace it with: “Collateral Registry” or “Registry” means the system established in terms of section 4 to facilitate registration of notices of security interests in movable property and realisation of such interests in the event of a default.”
On page 4, delete definition of “movable property” and replace it with: “movable property” or “movable asset” means any tangible or intangible property, including assets that may be or are affixed to immovable property.”
Amendments to Clause 2 put and agreed to.
Arrangement of Sections, as amended, put and agreed to.
Clause 1 put and agreed to.
Clause 2, as amended, put and agreed to.
On Clause 3:
my name that on page 5, delete Clause 3(1) and replace it with:
(1) Subject to subsection (3), this Act applies to security interests in movable property with a view to registering notices relating to security interests in the Collateral Registry.”
On page 5, delete Clause 3(3) and replace it with: “(3) A security interest -
- in a future asset; or
- in an undivided interest in a movable asset or movable property; or
- in a part of a movable asset or movable property; may also be perfected by way of registration of a notice of security interest.”
Amendments to Clause 3 put and agreed to.
Clause 3, as amended, put and agreed to.
On Clause 4:
my name that on page 6, delete Clause 4(1) and replace it with:
“(1) There is hereby established a Collateral Registry within the Reserve
Bank for the purposes of this Act.”
On page 6, delete Clause 4(2) and replace it with:
“(2) Delete the word “staff of the…”
Amendments to Clause 4 put and agreed to.
Clause 4, as amended, put and agreed to.
On Clause 5:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendment in
my name that on page 6, in Clause 5(2) (d) (ii):
Insert the word “notices of” between the words “registered” and
“security interests”
Amendment to Clause 5 put and agreed to.
Clause 5, as amended, put and agreed to.
On Clause 6:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendment in
my name that on page 6, replace Clause 6 with the following:
“Conditions for the registration of a notice of a security interest in the
Registry shall be as specified in the First Schedule.” Amendment to Clause 6 put and agreed to.
Clause 6, as amended, put and agreed to.
Clauses 7 and 8 put and agreed to.
On Clause 9:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendment in
my name that on page 7, in the heading and in Clause 9 (1) and 9 (2), replace the word “Register” with “Registry.”
Amendment to Clause 9 put and agreed to.
Clause 9, as amended, put and agreed to.
Clause 10 put and agreed to.
On Clause 11:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendment in
my name that on page 7, in Clause 11(2) (c) replace the words “Part IV” with the words “Part III.”
Amendment to Clause 11 put and agreed to.
Clause 11, as amended, put and agreed to.
Clause 12, put and agreed to.
On Clause 13:
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. CHINAMASA): I move the amendments
standing in my name that on page 10, delete Clause 3(2) and replace it with:
“(2) For the avoidance of doubt it is declared that every prior security interest perfected by a formal or informal mode recognised by common law continues to be legally valid and enforceable.” On page 10, insert a new Clause 13(3) to read:
“(3) For the avoidance of doubt it is declared that every prior security interest, perfected otherwise than by a formal or informal method recognized by common law, continues to be perfected and retains its priority if a notice is registered in the Collateral Registry within nine months after this Act took effect” and re-number the subsequent section accordingly.”
Amendment to Clause 13, put and agreed to.
Clause 13, as amended, put and agreed to.
On First Schedule:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendments
standing in my name that on page 11, in the heading, delete the words “Registration of Movable Securities” and replace with “Registration of Notices with respect to Movable Property Security Interests”
On page 12, in paragraph 2(4) (d) replace “section 8” with “paragraph 4”.
On page 17, in paragraph 24 (3) replace the word “Register” with the word “Registry” in the second line.
Amendments to First Schedule, put and agreed to.
First Schedule, as amended, put and agreed to.
On Second Schedule:
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): I move the amendments
standing in my name that, on page 17, in the heading delete the words,
“Legal Regime Pertaining to Registered Movable Property Securities” with “Legal Regime Pertaining to Perfected Movable Property Security
Interests”.
On page 18, under Part 1, in the interpretation section, in the definition of “notification of a security interest in a receivable” replace the word “debtor” in the second line with the word “obligor”:
On page 27, in Paragraph 34 (2) (d) delete the words, “security interest” in the first line.
On page 28, in Paragraph 35 (1) replace the word, “debtor” in the third line with the word, “obligor”.
Amendments to Second Schedule, put and agreed to.
Second Schedule, as amended, put and agreed to.
House resumed.
Bill reported with amendments.
Bill referred to the Parliamentary Legal Committee.
MINISTERIAL STATEMENT
TABLING OF THE BI-ANNUAL REPORT OF THE BANK USE
PROMOTION AND SUPPRESSION OF MONEY LAUNDERING
UNIT FOR THE PERIOD OF 1ST JULY TO 31ST DECEMBER, 2016 THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): Madam Speaker, in terms
of Section 8 (2) of the Bank Use Promotion Act [Chapter 24:24], the Minister responsible for Finance and Economic Development has a duty to, bi-annually, lay before Parliament a report on the activities of the
Bank Use Promotion and Suppression of Money Laundering Unit of the Reserve Bank of Zimbabwe. It is on that basis that I rise and lay before this august House this report which covers the period commencing from
1 July, 2016 extending to the 31st of December, 2016.
Madam Speaker, during the period under review, Zimbabwe successfully hosted, in Victoria Falls, the Eastern and Southern Africa
Anti Money Laundering Group Council of Ministers, Task Force of the
Senior Officials, the World Bank, the Financial Action Task Force, the
Sub-Saharan Africa Public-Private Sector Dialogue on Anti-Money Laundering and Combating the Financing of Terrorism and other cooperating countries including the United States of America. The meeting was attended by close to 400 delegates. The country underwent its first National Risk Assessment within the context of Anti-Money Laundering and the findings were captured in the Zimbabwe’s Mutual Evaluation Report which report was adopted by the Anti-Money Laundering Group and the Financial Action Task Force in the October, 2016.
Madam Speaker, for clarity, the Financial Action Task Force I have just referred to, is an inter-Governmental body currently comprising 37 member States established in 1989, whose objective is to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity – [HON. MEMBERS:
Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members. Your
voices are too high, I cannot even hear the Minister.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHINAMASA): To the integrity of the
international financial system. The Task Force is therefore, a “policymaking body” which works to generate the necessary framework to bring about national legislative and regulatory reforms in these areas. Madam Speaker, crucially, the report on Zimbabwe contained recommendations on steps that need to be taken and legislative amendments that need to be effected by the country in order to mitigate or neutralise identified risks in combating financial terrorism. For the information and benefit of this august House, the Financial Action Task
Force, having assessed Zimbabwe’s laws and Institutional arrangements, determined that our level of compliance with Anti-Money Laundering
“Best Practice” was as follows:
- They assessed and said that we were compliant with 11 recommendations;
- We were largely compliant with 8 recommendations;
- Partially compliant with 15 recommendations; and
- We were found not compliant with 6 recommendations.
While some progress has been noted to date, it stands clear that there remains space for considerable improvement, which improvement we are undoubtedly capable of achieving.
On the local front, Madam Speaker, most of banks operating in Zimbabwe are carrying out or have carried out their respective institutional or internal money laundering and terrorist financing risk assessment at the instance of the Financial Intelligence Unit, which is resident within the Reserve Bank of Zimbabwe (RBZ).
This has resulted in improved capacity to identify suspicious transactions which saw the Financial Intelligence Unit of the (RBZ) receiving a total of 474 Suspicious Transaction Reports. This represented 2.5% increase in number of reported cases as compared to the same period in 2015.
Over this period, 80% of the Suspicious Transaction Reports were lodged by the banks, with money transfer agencies and an insurance company accounting for the remaining 20%. There is therefore, significance progress being registered in monitoring suspicious transactions and in inter-institutional cooperation within our financial system.
DESIGNATED NON-FINANCIAL BUSINESSES,
PROFESSIONS AND FINANCIAL INSTISTUTIONS
With respect to Designated Non-Financial Businesses, Professions and Financial Institutions , the real estate sector, casinos, legal profession, precious stone and precious metal industry, among other Designated Non-Financial Businesses and Professions, such as Chartered Accountants, Public Accountants and other service providers, not otherwise required to be registered under any law, have been lagging behind in implementing the Anti Money Laundering and Combating Financial Terrorism safeguards. It is particularly apparent when it is noted that not a single report was made by a participant of these sectors over the period concerned.
Madam Speaker, the concern by the Financial Action Taskforce is that sometimes money laundering is laundered through trust accounts of professional bodies. We are obliged and directed that we should make amendments to our laws to make sure that these are more transparent than they have been in the past. This is the case because the country’s laws do not currently require Anti-Money Laundering and Combating
Financing Terrorism supervisory institutions (or ‘Competent
Authorities’), financial institutions and Designated Non-Financial Businesses and Professions I have mentioned, to specifically adopt and implement a risk-based approach to Anti-Money Laundering and Combating Financing Terrorism measures taking into account the size of their businesses.
It therefore goes without saying, that these sectors present a high money laundering risk to the financial system of Zimbabwe. There is therefore the need, to ensure that these sectors are in full compliance with the aforementioned requirements on Anti-Money Laundering, which will undoubtedly include legislative amendments and training programmes in order to improve the members of that sector’s capacity to identify, assess and appreciate their own Money Laundering and Terrorism Financing risk, develop internal control procedures and processes on a risk-bases, taking into account the size of their business
as well as monitor implementation. They will be better positioned to thereafter report any suspicious transactions.
NON-PROFIT ORGANISATIONS (NPOs)
Madam Speaker, with respect to Non-Profit Organisations or Private Voluntary Organisations, the legal regulatory framework for registration and licencing as well as monitoring of the Non-Profit Organisations sector needs to be enhanced by strengthening in the licencing and registration requirements of Non-Profit Organisations, which in our case are registered under the Private Voluntary
Organisation Act [Chapter 15:05], this will be to facilitate monitoring of the sector so as to deal with terrorism financing vulnerabilities. There is also need for amendment of the law to allow beneficiary information to be obtained as well as introduce proportionate, dissuasive and effective sanctions against Non-Profit Organisations found to be aligned to any terrorist activity.
CUSTOMER DUE DILIGENCE (CDD)
The Money Laundering and Proceeds of Crime Act does not
impose a direct obligation for financial institutions to establish and verify the identity of a customer who is a beneficial owner except for transaction sizes prescribed under Section 15 of the Act. This is not consistent with the requirements of Recommendation 10 of the Financial Action Task Force standards.
It is for this reason I shall pursue the strengthening of the Money Laundering and Proceeds of Crime Act by an amendment inserting a specific requirement for financial institutions to put in place risk-based systems and controls that would determine the circumstances under which a customer may utilise a business relationship or carry out a transaction prior to verification of their identity.
These deficiencies extend to all types of Designated non-Financial Businesses and Professions as I alluded to earlier, which informs the need for intervention.
CORRESPONDENT BANKING
Lastly, Madam Speaker, it is necessary that amendments to the Money Laundering and Proceeds of Crime Act be effected to address the problem of de-risking arising from the country’s failure to satisfy the requirements of correspondent banks, particularly with respect to customer due diligence obligations.
Madam Speaker, in the context, de-risking refers to a practice in which financial institutions take deliberate steps to minimise their exposure to risk and thereby avoid financial loss. This tends to include termination of relationships with a specified category of customers considered “high risk”, and also termination of relationships between correspondent banks and respondent institutions in jurisdictions which are considered ‘high risk’.
There is therefore need to significantly improve the manner with which due diligence is carried out in order for our local institutions to successfully weed out high risk customers and thereby reduce the risk, by extension, associated with local correspondent institutions. This process of due diligence will aid in combating money laundering within our financial system.
Madam Speaker, I now submit, to this august House the Report of the Bank Use Promotion and Suppression of Money Laundering Unit under the Reserve Bank of Zimbabwe for the period 1st to 31st July, 2016. I thank you.
On the motion of HON. MATUKE seconded by HON.
RUNGANI, the House adjourned at Six Minutes to Five o’clock p.m.
until Tuesday, 2nd May, 2017.
PARLIAMENT OF ZIMBABWE
Wednesday, 7th April, 2021
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: Madam President, I move that Orders of the Day, Numbers 1 to 4 be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN CHIRONGOMA: I second.
Motion put and agreed to.
MOTION
REPORT OF THE THEMATIC COMMITTEE ON SUSTAINABLE DEVELOPMENT GOALS (SDGs) ON VELD FIRE MANAGEMENT
Fifth Order read: Adjourned debate on motion on the Report of the Thematic Committee on Sustainable Development Goals (SDGs) on Veld Fire Management.
Question again proposed.
*HON. SEN. CHIFAMBA: Thank you Madam President. I want to add my voice on a motion which was raised in this House on SDGs. Madam President, experiencing fire is a very painful scenario. When we are talking about this fire, it destroys a lot of plantations, many homes and crops. It is a very painful experience because when you plant, you will be expecting to harvest, but trees get destroyed by fires. Farmers expect livelihoods from trees, assisted in building houses but all those dreams are shattered because the fire would have destroyed everything.
Madam Speaker, people are not taking care of this situation, they are letting fire destroy a lot of crops and the environment. People should be more precautious as they deal with veld fires. They should be taught and trained to make use of fireguards so as to protect the vegetation, plantations and the environment. If a person is found without a fireguard, that person should be fined. We advocate for a deterrent fine so that it acts as an example to many people. They will learn a lesson.
Madam Speaker, some of these fires are caused by people who are hunting, including those looking for mice. It is a very painful scenario if you see some of the causes of these fires. Some of the fires are caused by people who will be smoking. They throw away their cigarettes stubs everywhere without taking precaution of where they are throwing their stubs. It is my plea to this House that people are fined hefty fines because they would not have put fireguards on their farms. I do not know, is it that people are lazy to put these fireguards? Some people are starting fire with the intention of harvesting honey. We may as well lose peoples’ lives - people can die in their sleep without knowing that there is raging a fire outside. It is my wish that people are able to protect themselves, plantations as well as their crops. Thank you Madam President.
*HON. SEN. CHIRONGOMA: Thank you Madam President for giving me this opportunity to contribute to this motion. The issue of fire Madam President is a very critical issue. I think the law with regard to veld fires is weak. When we talk about fire - this year it is different from all the other years because this year we received heavy rains and grass grew in response to the heavy rains. It is my wish that we implement the hefty fines on those who are caught starting fires. In most rural areas, there is no problem as much because there is not much grass but on the farms there is a lot of grass. Farmers should make sure that farms are divided by fireguards so as to demarcate and protect other areas in the farms from fires.
Madam President, it is my wish that to demonstrate that there is authority, every person that starts fire, that individual should get a harsh fine. Every farmer should pay that fine if caught on the wrong side of the law. At one time, there are farmers who came together to prevent these fires from spreading because they wanted to avoid hefty fines. Veld fires destroy plantations, crops and where you were expecting to harvest, you end up getting nothing because of the fires.
Let us deploy officers who go to these farm areas and teach about veld fires. People should be taught on how to safeguard this, if we are not careful, animals are being destroyed by these veld fires. In my home area called Chitomborwizi, a family lost everything because of veld fires. They had not put a fireguard at their homestead. Madam President, the relevant offices should move in and assist. Those people who walk past fires and do nothing about them should be fined because they are not doing anything. Those who stay in compounds should be fined if they are found not to be doing anything about this issue, they should take action and work on stopping the spread of fires.
Let us emphasise to the relevant department so that our minerals are protected and so that we do not lose valuable items and properties to fire. We should engage everyone who is involved so that people are equipped with knowledge on how to deal with fires to ensure that both people and animals are protected and also our properties are protected. I thank you.
*HON. SEN. MUPFUMIRA: Thank you very much for this opportunity Madam President. I also want to contribute to this motion as I was also part of the Committee that went around looking at this critical issue of fires. Fire does not happen naturally but we should look at it closely to see what is happening.
The issue of fires is still a problematic issue in this country. Some of these fires are caused by hunters and those trapping mice or clearing land for farming. This is one of the activities that cause fires because people do it without precaution and not taking due diligence. It actually spreads and ends up destroying people. The other issue is not only of cigarette stubs caused by smokers, but those who are waiting for transport at bus stops light up fires to warm themselves up as they wait for transport. For some it is due to arson, those who have the intention of destroying property totally for no apparent reason…
THE HON. PRESIDENT OF SENATE: Order, order, if I may remind Hon. Senators to reduce the volume on your gadgets we are now hearing feedback from your gadgets and not from the Hon. Member on the floor. You may proceed Hon. Sen. Mupfumira.
*HON. SEN. MUPFUMIRA: Thank you Madam President. We are saying that since 2001, over a million hectares of land have been lost to fires. Since 2001, people are dying from fire and we have lost more than a hundred lives due to fire that is caused by a lot of things and property worth almost half a million has been lost annually due to fire.
I mentioned that when other people are clearing land for farming purposes, they are clearing land using fire and it destroys a lot of thing, especially when people are expecting a bumper harvest. This period that we are in, a lot of crops can be destroyed by this fire. There is a mammoth problem amongst newly resettled farmers because that is where we witness the issue of fires destroying properties. The law actually states that people should be having fire guards to protect them. The law is in force but people do not abide by the rules and regulations with regard to the use and control of fire. We have a big task of teaching and imparting knowledge to people with regard to the importance of fire guards. People should be taught and conscientised on how to protect themselves from fire and keep fire from destroying properties.
It is my wish for chiefs to be given jurisdiction to control what is happening amongst the newly resettled farmers. Even in the rural areas, you will find that chiefs should be able to control these newly resettled farmers where there is a very big problem regarding the issue of fire. We should have teams that go around teaching people about fire, on how to safeguard themselves, their crops and properties. People should be taught in groups on the importance of making use of fire guards. This will be important when we look at safeguarding people and properties.
The other issue is of illegal settlers. For example, in Manicaland Province, we have a lot of illegally settled farmers in forests. In some places, people are finding gold in these places and they are settling illegally. In Matabeleland Province, we had the same issue. We need people to come together and work as a team. We should work together as a people. Ministries should come together and work towards dealing with this critical issue of fire. We should educate our people on these issues. When we look at ministries that deal with these issues, the most important issue is funding. People should be given the resources to deal with veld fires. There is an issue that should be looked at by the Ministry of Finance and Economic Development. Money is not being channeled to its correct destination. I would like to thank the Hon. Senator who raised this issue but it is our responsibility to deal with the issue of veld fires. Our Government declared that from 1st July to 30th October it is fire period and it is during this fire period that we do not allow any fire that is left uncontrolled. We also do not allow uncontrolled veld fires during harvest times because our crops will be destroyed.
We should ask ourselves whether it is necessary to start fires. We should educate people on the importance of safeguarding themselves and the environment. I thank you very much Madam President for this opportunity to debate on this motion.
^HON. SEN. MALULEKE: Thank you Madam President. I want to add my voice on this important debate. Where I come from in Chiredzi and Chikombedzi, we are at the border line and we have got a national park called Gonarezhou where there are a lot of wild animals. Unfortunately, we have witnessed fire coming from that side and a lot of animals have died.
It is good to try and prevent veld fires when the fire season has begun. Many people have a role to play especially in the month of July like constructing a fire guard so that the fire cannot end up destroying the environment. When cooking using firewood outside a bird can come and pick a small stick from the fire and fly away and it will be dropped in the forest and then a fire will start. We have been blessed by the Almighty with many wildlife like madora. We can have these in abundance if we prevent veld fires. If we are not careful in safeguarding veld fires, we lose a lot of these edible worms. Like in my area, right now, we no longer have madora but in the past, there were many of these madora, trees like Mopane and these are now scarce in Chikombedzi and Chiredzi due to veld fires.
We now find these things in areas like Tsholotsho. I witnessed a situation where there was a veld fire, wind blew and the nearby homestead caught fire because it was thatched using grass. Long ago, we used to build our houses and thatch them with grass. EMA officers must work together with councillors, headmen and chiefs and the ministry must also put the Agritex officers to supervise in order to eradicate veld fires. Veld fires cause more harm than good. God gave us wildlife to protect and preserve and chiefs must give stiffer penalties to people who go around starting fires so that this will teach would be perpetrators not to do the same in future. The stiffer sentences will also scare people from practicing such bad things. Magistrates’ courts must also do the same thing. I thank you Mr. President for giving me this opportunity and I also want to thank Hon. Sen. Chief Mtshane for raising this motion.
HON. SEN. CHIEF MTSHANE: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Thursday, 8th April, 2021.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I move that we rivet to Order of the Day, Number 3 on Today’s Order Paper.
Motion put and agreed to.
SECOND READING
MARRIAGED BILL [H. B. 7A, 2019]
Third order read: Second Reading: Marriages Bill, [H. B. 7A, 2019].
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I want to thank the Hon. Senators for the robust debate that we had on the Marriages Bill. We debated a lot on issues that dealt with conflict of laws between our very own customary laws and the civil laws as well as the modern human rights laws that pertain to the rights of several individuals.
Mr. President Sir, this culminated in several meetings that we held with the chiefs to find a way of bridging the gap between the two competing laws, so to speak, to say, what do we do moving forward in terms of the issues that were debated in this august House?
To that end, the chiefs also engaged some renowned legal practitioners to help them to unpack the Marriages Bill and to propose solutions. They came up with a paper that they presented to say can we not deal with issues that have been raised, particularly lobola issues; issues that pertained to old clause 40, where a lot of married couples expressed reservations that ‘small houses’ would end up benefiting from property that was not theirs. We came up with amendments that I then gave a notice of amendments so that we can try and improve the outlook of our Marriages Bill.
Most notably is the issue whereby there was a lot of debate that we should legislate for lobola? After much debate with the chiefs, we agreed that we put a clause that would then take into consideration that our customary practice dictates that we pay lobola.
We were also mindful that some people may actually decide to stay without having been married. So, we prescribed that let us put a provision that if five years lapse and a couple is staying as husband and wife, they can proceed to the Marriage Officer, a chief, to have their marriage regularised.
However, we would then give a period whereby the aggrieved party can actually approach the chief’s court to say my daughter has been taken in for marriage for a year, two or three years and yet my lobola has not been paid. We believe that within that particular time, that would have been resolved. Failure to resolve it beyond five years, it means there are some problems. Like I said, we have competing laws. We have to allow certain processes to happen consistent with some of the conventions that we signed.
Therefore, I have put forward some amendments that we are going to deal with at the Committee Stage. We have also tried to improve on the ‘civil partnership’ clause to ensure that the concerns that were being raised are taken care of so that anyone who enters into a partnership with somebody else when they are married, when there is a dissolution of that union, due regard must be given to the property that that union did acquire so that we can protect the interest of the innocent souls.
Therefore, I believe that at the Committee Stage, we will deal in more detail, with some of the amendments that we are proposing. Once again, I want to thank the august House for the robust debate but we have tried to balance conflict of laws so that we come up with a Marriages Bill that is balanced, that takes into account our customary laws, customs and practices as well as our obligations in terms of the human rights obligations that currently obtain in the new world order. Having said that, I move that the Bill be now read the second time. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Having said that Mr. President, I move that the Bill be read a second time. I thank you.
Motion put and agreed to.
Bill read a second time.
Committee Stage: Thursday, 8th April, 2021.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that we revert to Order of the Day, Number 1 on Today’s Order Paper.
Motion put and agreed to.
MOTION
REPORT OF THE NATIONAL PROSECUTING AUTHORITY OF ZIMBABWE FOR THE YEAR 2019
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I move the motion standing in my name;
That this House takes note of the Report of the National Prosecuting Authority of Zimbabwe for the year 2019, presented to this House in terms of Section 262 of the Constitution.
I have before the Senate, pursuant to the requirement of the Constitution that dictates that all constitutional bodies must have their reports tabled before Parliament within three months of the previous year having ended. In that regard, Mr. President Sir, I have tabled before the Senate, the Report of the National Prosecuting Authority of Zimbabwe for the year 2019. This is being presented to the Senate for debate and adoption in terms of Section 262 of the Constitution.
I must apologise it was late in coming, but we are almost ready. In fact the report for 2020 is ready - our desire being to ensure that we satisfy the requirements of the law that all reports must be tabled within three months. We are in April and the 2020 Report will be tabled. However, we need to have this one adopted and debated in this august House. Therefore, I lay before the Senate Mr. President Sir, the 2019 National Prosecuting Authority Report for debate and adoption in terms of Section 262 of the Constitution. I thank you.
HON. SEN. DR. MAVETERA: Thank you Mr. President Sir for allowing me to add my submissions to the Report on the NPA presented to this august Senate by the Hon. Minister of Justice, Legal and Parliamentary Affairs. Mr. President Sir, I stand here to express my personal disappointment on the way we deal with issues of national importance. Like the Hon. Minister has said, the Constitution obliges us to have these reports presented to Parliament three months after expiry of the respective year, but now we are debating or we are supposed to debate the 2019 Report.
I think there is a reason and wisdom why that time was given because most of the issues which may have been raised in that report would be overtaken by events and it would just be academic rather than to be of practical significance. Mr. President Sir, I also look or view it as lapse on our role as the Legislature in supervising what the Executive should be doing. I am sure the respective portfolio committees should have actually implored the Minister to present those reports in time so that they could be relevant. Having said that Mr. President, I think we take it as a lesson and I am sure the Hon. Minister has promised that they would try as a Ministry or as the Executive to comply with the Constitution, which is very encouraging. The National Prosecuting Authority (NPA) is the hallmark or the pillar of our Judiciary. All the issues which are attached or related to the Judiciary, especially our criminal justice system which raises a lot of human rights and other issues emanates from the NPA.
So as such, it is very pertinent that as the Legislature, we should be very much interested and take it as one of our core-business to make sure that we safeguard the Judiciary by ensuring that issues which need to be done are done and we comply with those issues. I cannot over emphasise the importance of the NPA. I am sure right now Zimbabwe is trying to go the world over trying to secure investments. One of the issues any reasonable investor would look at is the function of the NPA, its independence and professionalism before anyone could decide whether to put his money into our coffers.
It is very important Mr. President that we realise it as legislators that this is a very important function and it has got a ripple effect on whatever benefit we are going to accrue to the country and even the position Zimbabwe will be occupying in the family of nations in terms of the laws and all the attendant human rights implications. With those few words, I think I would stop here and just implore on the Minister to give us the next report in time so that when we discuss issues, those issues will be relevant and we can correct past mistakes and also those recommendations which may have been brought by that report. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I want to thank Hon. Sen. Mavetera for his contribution and the issues that he raised that we must comply with the Constitution are very important. I want to take us back a little bit so that we can appreciate the reasons why this report came towards the end of last year to this august House. Hon. President, in March last year is when we had a national lockdown and a national lockdown that resulted in only critical staff going to work, a national lockdown that resulted even in most of our traditional printers closing down. I think we all agree that the first national lockdown was one of the most effective when we had it.
Therefore, that also affected the processing and the production of all the reports that are required in terms of the Constitution. When we relaxed a bit, again we never got back to the full complement of staff that was working to ensure that the reports came on time. I am sure you are also aware that even as Parliament, we adjourned for a long period last year and we only started sittings when we had devised ways of dealing with the new normal that is COVID. We are still learning the new normal that is COVID and we are still learning and trying to come up with innovative ideas. Only yesterday, we approved rules to deal with virtual sitting.
So, this is what happened and for this year, the report for 2020 is almost ready and I think it is being processed and there is liaison with Parliament so that by next week it should be tabled. We tried as much as possible within the new normal to ensure that we are now prepared. We had lived with COVID for one year and we knew that with or without COVID, we had to produce it - but last year everyone was caught unawares when we had that spike in March and Government had to take those measures under the Public Health Act to ensure that we preserve lives. I agree with him that under normal circumstances, we must always bring the reports on time so that Hon. Senators can debate issues that are current and not issues that are outdated. I thank you Mr. President Sir. I now move that this report be adopted by the Hon. Senators.
Motion put and agreed to.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the Senate adjourned at Twenty-two Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 6th April, 2021
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
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam President, I move that Orders of the Day, Numbers 1 and 2 be stood over, until Order of the Day Number 3 has been disposed of.
Motion put and agreed to.
MOTION
ADOPTION OF SENATE VIRTUAL STANDING ORDERS
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam President, I rise to move that:
WHEREAS Section 139 of the Constitution of Zimbabwe Amendment Act (No. 20) provides that the proceedings of the Senate and National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders;
NOW THEREFORE, in terms of the Constitution, this House resolves that the Virtual Standing Orders be adopted.
*HON. SEN. KOMICHI: Thank you Madam President. I also want to thank the Minister for bringing this issue. There is nothing wrong in us going virtual. That is the trend world over. That is the route we should take because of technology, so the Government should make sure that it has upgraded the machines which are required. As of now, people who come from rural areas like Muzarabani, Chiredzi, Chivi et cetera, it is very difficult for the gadgets to connect because of poor network connectivity. We are lagging behind when we want to contribute in Parliament. We are glad that the Minister of Information is here. She should work on that because we do not know what other pandemic or problems will befall us after COVID. So, we should always be ready, forewarned is forearmed.
Last year we lost a lot because of COVID. Most Parliamentary business did not take place. So, I support this motion that Government should take it as a priority.
HON. SEN. CHIEF CHARUMBIRA: Madam President, I will not take long, I know we have a very important business coming. Madam President, we now live in a world called a ‘new normal’ in terms of technology and the way we conduct meetings and the way we meet, all Parliaments now across the world are holding virtual sittings. I am part of the delegation that sits at the Pan-African Parliament which is a continental Parliament with MPs from Egypt across to East Africa and West Africa and I am actually the Acting President. We are holding meetings virtually, Committee sittings and sessions virtually. We cannot be an exception. So, the proposed amendments are well supported and I think we should move to adopt them and be part of the new normal. Thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam President, I want to thank Hon. Sen. Komichi and Hon. Sen. Chief Charumbira for their contributions. The reason why the Committee on Standing Rules and Orders decided that we must amend our Standing Rules was because of the trend that is happening and also to take care of the pandemic whereby physical meetings were limited. This is exactly what led us to say let us sit down and amend our Standing Rules so that we can have virtual meetings as properly constituted meetings of this august House. So I want to thank Hon. Senators who contributed. Also while I am still on the floor Madam President, I want to congratulate Hon. Sen. Chief Charumbira for the honour that was bestowed upon him – [HON. SENATORS: Hear, hear.] – I think it is an honour to all of us as Zimbabweans that he got that position. Having said that, Madam President, I move that the amendment to our Standing Orders and Rules by insertion of the virtual orders be adopted by this august House. I thank you.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam President, I move that Orders of the Day Number Four be stood over until Order of the Day Number Five has been disposed of.
Motion put and agreed to.
THIRD READING
CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 1) BILL [H. B. 1A, 2017]
Fifth Order read: Third Reading: Constitution of Zimbabwe Amendment (No. 1) Bill [H. B. 1A, 2017].
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam President. Madam President, the Bill before you is a resubmission of the Constitution of Zimbabwe Amendment (No. 1) Bill, published as Act (No.10, 2017). Act (No. 10, 2017) as you all know, was ruled invalid in March last year by the Constitutional Court in the case of the President of the Senate and Others vs. Gonese, Majome and Others for the reason that two-thirds majority vote was not reached in the Senate at its meeting of 1st August, 2017.
Initially, the Senate was directed to conduct a vote in accordance with the procedure for amending the Constitution prescribed by sub-section (5) of Section 328 of the Constitution within 180 days of the date of the court order, that is to say, no later than 28th September, 2020.
Madam President, as fate would have it, just before 1st April, 2020 our country went into a strict national lockdown in response to the COVID-19 pandemic. Meetings of Parliament were suspended, the operation of the courts were stopped except in the most restrictive circumstances and even by-elections were postponed to stem the ravages of the pandemic from which we are still not free as I speak to you now.
Madam President, just before the expiry of the grace period granted by the Constitutional Court, an urgent ex parte chamber application was lodged to extend the window to allow the Senate to vote on the Bill again. Thankfully, this application was granted on 25th February, 2021. It is not my intention Madam President to rehearse the technical legal arguments used for and against the applications in both cases. Suffice for me to say that in the first application, the Bill was found to have been validly passed with the requisite super majority in the National Assembly, but failed by a single vote to pass in the Senate.
In the second application, the court granted us an extension of the grace period for 90 days from the 25th of February, 2021. I cannot reiterate enough what a legal and constitutional quagmire, you Hon. Senators will help our country avoid if you secure the validity of the Constitution of Zimbabwe Amendment No. 1 Bill by your vote in the Senate today. You will be aware that already another amendment to the Constitution has been published and is pending before Parliament. The second amendment somewhat assumes the validity of the first amendment before you today.
The Constitutional Court took a principled and pragmatic stance in relation to our application and we in the Senate must now play our part to ensure the integrity of the constitutional rule of law in our country. I thank you Madam President, and I now move that the Bill be read the third time.
Madam President, I am advised that I was not audible so I seek your indulgence to repeat.
The Hon. Minister of Justice, Legal and Parliamentary Affairs having now been connected on virtual repeated his presentation.
HON. SEN. KOMICHI: Thank you Madam President, I also wish to thank the Minister for bringing this report to this House. I picked up a very vital principle that I would like to acknowledge which is the rule of law. Here we have a Senate that was taken to court by certain individuals and a judgment was passed by the Constitutional Court and we have to abide by the judgment. Today, we are meeting again to consider the opposition. I want to respect this position that we have taken that we are now in the process in which people are going to respect the rule of law as a fundamental principle.
I am quite aware that the rule of law has been one of the contentious issues in this country where we had perceptions that certain judgments from the courts will not be respected but here today we are respecting a judgment that has come from the Constitutional Court. Let us continue to do these things, let us continue to show that we are a new generation, we are a new people and you are a new dispensation. There are a number of things that we would request so that we can conform to the issues and have a country that is respected inside and outside.
The rule of law has been challenged in the country but today I witnessed a change in attitude. We debated on the issues that were in the amendments and we raised our concerns but I believe the country must move forward. We should have more things to put on the table so that our country can move forward. Our country needs all of us to be united and all of us to put the issues that affect the people of Zimbabwe on the table and we can succeed and do a lot for the people of Zimbabwe if we put our heads together. I strongly call upon the people of Zimbabwe to be united and become one family, to move away from politics of hurt, politics of unnecessary fights but politics of brotherhood and sisterhood. We must take it as a challenge as Zimbabweans that we should see our country being one of the most prosperous countries in Africa. We can only achieve this goal if we are united. Let us not be proud by living in a country with high level of poverty. Zimbabwe is rated as one of the countries that has got 40% people living under abject poverty and as leaders, we cannot be proud of that. As leaders, we can be proud when people are in the locations, rural areas wherever they are and are living happily. Let us put smiles on our people because of our work. I would probably want to make sure that from now onwards, let us relate to each other with love. Let us make sure that we put national interest on the table and have Zimbabwe as the first agenda.
If we do that, we will leave a legacy to our own children, leave a legacy to the people that will come after us. With these few words Madam President, I thank you.
HON. SEN. DR. MAVETERA: Thank you Madam President for giving me this opportunity to add onto what Hon. Sen. Komichi has said. I would want to take this opportunity to thank the Hon. Minister for bringing this issue to be reviewed again by this august House.
Madam President, I think we are almost getting into three decades where Zimbabwe is labeled for wrong reasons. One of the things which comes at the forefront is the lack of the rule of law – the partisan judiciary and the uneven application of law. I hope as a nation, we will see that some of the things are being dispelled. I want to take this opportunity to applaud the position taken by the Constitutional Court in declaring whatever had happened to be unconstitutional. I think those who look beyond would see that the Constitutional Court did one of the most progressive things to dispel those notions that there is partisanship when it comes to arbitration of laws in Zimbabwe.
Madam President, I would also want to applaud those people who brought that case against the deficiencies which had occurred during the passing of that Constitutional Amendment. I think they did that; instead of them being probably labeled somehow, they should be taken as patriotic Zimbabweans because they gave an opportunity for Zimbabwe to prove to the whole world that we believe in the rule of law and it cannot be done if we do not have examples like this.
So, I would say both sides played their roles as patriotic Zimbabweans, which is the legacy which we should leave to the generations to come. We have suffered enough as a people and most of the things we can actually do them ourselves. We do not need anyone from outside to come and tell us how we should apply our laws – these were not imposed, they are our laws. So, we should take pride in upholding our laws and behaving according to the dictates.
Madam President, to me, it is a historical moment because we are going to re-affirm our belief in the rule of law. To fellow citizens, I think it is time for us to be Zimbabweans and to think like Zimbabweans.
Without going further, I would urge Hon. Sen. Colleagues to exercise their conscience and do the right thing for Zimbabwe so that we move together as a people and achieve our aspirations as the jewel of Africa. I thank you.
*HON. SEN. CHIFAMBA: Thank you Madam President. I would like to thank the Hon. Minister for the Bill that has been presented in this House. I stand up to say that as children of Zimbabwe, we should concentrate on the Zimbabwean law; we should not follow the influence that we get from other countries beyond the borders. We are learned people in this country who understand the law very well, better than those who claim to understand the law.
As children of Zimbabwe, let us not allow people to divide us. It does not mean that if you belong to the opposition party, you are not a Zimbabwean; it is just the difference in perceptions. We might be coming from different areas of influence but we are one and have one President in this country. We might have a desire or look forward to being a President but we should concentrate as a nation and look up to the leader that we have. We should not be divided or allow influence from other countries to divide us. Let us not allow to be divided as a people.
We have people who have their own hidden intentions; there are things that they are looking forward to achieve in this country. So let us not allow them to divide us as a people. I thank you.
HON. SEN. CHIEF CHARUMBIRA: I stand proud here that following the Constitutional Court ruling declaring our vote in the Senate that it was short by one vote – it was 53. The Constitutional Court states that it should have been 54, so, following that ruling, as Zimbabweans, we have complied with that court ruling which in other legal language you say, ‘we have observed the rule of law’.
It is a great moment, we have demonstrated to the outside world that attack us on issues of judicial independence, that the decision by the Constitutional Court against President of the Senate demonstrates the independence of courts, which means they are not partisan.
We took our time, we tried to get the numbers right, I remember in the Senate Chamber we tried several times when the late Hon. Sen. P. Shiri was Leader of Government Business and we could not succeed. However, we remained patient and said until the numbers are right; we will not ignore the court ruling. We tried for more than three times to vote and it failed. Here we are now and I know the numbers today are right.
However, the numbers are right for two reasons. As traditional leaders, we are a full complement but the two political parties; from what I know and also heard in the corridors this afternoon, even if ZANU PF Senators were short, the number was going to be fine because we are going to vote united, which is good for us as Zimbabweans. It is no longer a Parliament that – [HON. MEMBERS: Hear, hear.] – this afternoon, as people count, Madam President, it is very insignificant. It is not about how many are from ZANU PF, the Chiefs Council or the MDC; we will go beyond 54. That is the spirit we need.
My second point is, in the past three weeks, surely in the Senate during debates Madam President, we have a totally new political atmosphere. It does not matter whether it is ZANU PF or MDC-T debating; there is convergence. You listened to the two Hon. Senators, Hon. Sen. Komichi and Hon. Sen. Chifamba; we will tell everyone that the nation is moving and we are united. We are listening to sweet debates. The acrimony which characterised previous politics is fading away and I want to thank Hon. Sen. Mwonzora’s party for what it is doing, “muvengi osvoda.” Please keep that spirit.
Lastly, there was a lot of noise around the judgement by the Supreme Court directing the MDC-T to hold elections. The Judiciary was criticized along partisan lines but this afternoon we stand tall and say those attacks were based on false grounds. Our Judiciary is independent. This is a good afternoon and it should be recorded that this happened on 6th April, 2021. We meet here as a united Senate. Thank you.
*HON. SEN. MBOHWA: Thank you very much Madam President for giving me this opportunity. I do not have much to say. I just want to thank the Minister, Hon. Ziyambi for bringing back this amendment into this House. I would like to say congratulations. Some things are done by the Lord. God will be having his own intentions, just like what we are seeing in this Senate today.
Truly speaking, there is no law that comes with the intention of harming its citizens. There is a proverbial statement saying, ‘the good that you do, you have done for yourself’. We had people who had divergent ideas not coming from the heart but was due to influence coming from others. On this Amendment Bill, I am happy because it shows that the Constitutional Court will bring back things if they are not properly done. That is the Zimbabwean law that we know. The truth has been shown. The return of the Bill shows that a point has been proven to this country.
As legislators from the Senate, we now have a view that whatever we are doing in this Senate, we are doing for the future generations. This is good because it is for us and for generations to come. Despite political affiliations, this will benefit everyone. No one will pass a law that is not good for them because it will affect the future generations and even themselves. I would like to say thank you very much Hon. Ziyambi. I would also like to thank everyone and say this is what we desire to see. This is what Zimbabweans expect to see. We might have different views but it reflects unity in this Senate for things that help in development of this nation. We are united as a people. I stand up to say thank you very much for the Bill. We support this.
*HON. SEN. MURONZI: Thank you Madam President for giving me an opportunity to contribute to this debate. I would like to thank the Hon. Minister who gave us the Bill. I am in support of this Bill. What has brought joy to me Madam President is that we now have the new dispensation – [HON. SENATORS: Hear, hear.] - Like others have spoken, we should stop politics of fighting each other. We should instead concentrate on things that bring people together. Everything that we do Madam President, people will be watching. We should strive as Members of Parliament to bring people together. We should preach unity where we come from in our constituencies. Thank you Madam President.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam President. I want to thank the Hon. Senators for the debates and the contributions that largely centered on the need for all of us to respect the rule of law to show that we are a united nation that speak to our national agenda. I want to thank Hon. Sen. Komichi, Hon. Sen. Mavetera and Hon. Sen. Chifamba for their contributions; not forgetting Hon. Sen. Chief Charumbira for his contribution and emphasis on the new political atmosphere in the Senate. Madam President, Senate “imba yevasharukwa inofanira kuratidza zvataurwa na Senator Chief Charumbira kuti kana wauya muno, kana wanga uchibhabhauka, unosvikodzikama.”
I want to thank Hon. Senators for that spirit and also thank Hon. Sen. Muronzi that we must unite our people. Many times, people fight because of leaders but if we unite our people, they will live in harmony. So, I want to thank you very much for your contribution. Having said that, Madam President, I move that the Bill be now read the third time. I thank you.
THE HON. PRESIDENT OF SENATE: Thank you Hon. Minister. Section 328 (5) of the Constitution provides that a Constitutional Bill must be passed at its last reading in the National Assembly and the Senate by the affirmative votes of two-thirds of the membership of each House. In order to comply with the provisions of Section 328(5), it is necessary that the number of affirmative votes cast by Hon. Senators be recorded. I therefore direct that the Bells be now rung after which the votes of the Hon. Senators will be counted.
[Bells rung].
THE HON. PRESIDENT OF SENATE: The question upon which the House shall divide is that the Constitutional Amendment Bill [H. B. 1A. 2017] be read a third time. The Ayes will field on the right and the Noes on the left. The tellers will be Hon. Sen. T. Mavetera, Hon. Sen. T. V. Muzenda, Hon. Sen. T. Mathuthu and Hon. Sen. M. R. Dube.
AYES: 70
Hon. Sen. Chief Charumbira; Hon. Sen. Chidawu; Hon. Sen. Chifamba; Hon. Sen. Chimbudzi; Hon. Sen. Chief Chikwaka; Hon. Sen. Chimutengwende, Hon. Sen. Chinake; Hon. Sen. Chirongoma; Hon. Sen. Chief Chitanga; Hon. Sen. Chief Chundu; Hon. Sen. Denga; Hon. Sen. Dube A; Hon. Sen. Dube. M. R; Hon. Sen. Femai; Hon. Sen. Gumpo; Hon. Sen. Gweshe; Hon. Sen. Hungwe J. D; Hon. Sen. Hungwe S. O; Hon. Sen. Kambizi; Hon. Sen. Khupe W.; Hon. Sen. Mabika; Hon. Sen. Chief Makumbe; Hon. Sen. Maluleke; Hon. Sen. Chief Mapungwana; Hon. Sen. Chief Mathupula; Hon. Sen. Chief Masendu; Hon. Sen. Mathuthu; Hon. Sen. Chief Matsiwo; Hon. Sen. Mathema; Hon. Sen. Matuke; Hon. Sen. Mavetera; Hon. Sen. Mavhunga; Hon. Sen. Mavima; Hon. Sen. Mbohwa; Hon. Sen. Mkwebu; Hon. Sen. Moeketsi; Hon. Sen. Mohadi; Hon. Sen. Moyo G; Hon. Sen. Moyo S. K; Hon. Sen. Moyo T; Hon. Sen. Mpofu S; Hon. Sen. Mudzuri; Hon. Sen. Munzverengwi; Hon. Sen. Mupfumira; Hon. Sen. Muronzi; Hon. Sen. Mutsvangwa; Hon. Sen. Muzenda; Hon. Sen. Chief Mtshane; Hon. Sen. Mwonzora; Hon. Sen. Ndlovu D. M.; Hon. Sen. Ndlovu M.; Hon. Hon. Sen. Chief Nechombo; Hon. Sen. Chief Nembire; Hon. Sen. Chief Ngezi; Hon. Sen. Chief Ngungumbane; Hon. Sen. Chief Nhema; Hon. Sen. Chief Ntabeni; Hon. Sen. Nyambuya; Hon. Sen. Nyathi R.; Hon. Sen. Chief Nyangazonke; Hon. Sen. Parirenyatwa; Sen. Hon. Rwambiwa; Hon. Sen. Sekeramayi; Hon. Sen. Shumba; Hon. Sen. Chief Siansali; Hon. Sen. Timire; Hon. Sen. Tongogara; Hon. Sen. Tsomondo
NOES: 1
Hon. Sen. Komichi.
THE HON. PRESIDENT OF SENATE: The results of the count is that 70 Hon. Senators have voted in favour of the Third Reading of the Bill and one has voted against the Bill. The number of the affirmative votes recorded is not less than two-thirds of the total membership of the House. I therefore declare the final votes in the Senate on the Constitution of Zimbabwe Amendment (No.1.) Bill [H. B. 1A.2017] to have been in accordance with the provisions of Subsection (5) of Section 328 of the Constitution.
Bill read the Third time.
THE MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam President, I want to thank Hon. Senators for a joyous and historic moment where we showed that we can become a united House for a common purpose and move our country forward. I want to thank all the Senators for the maturity that has been exhibited in this House. More so, there was no noise. Everything was done in peace and harmony. I think if we can exhibit that spirit, going forward, we will move our country in a manner that will be admired by a lot of people.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the House adjourned at Seven Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 5th April, 2017
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY SPEAKER
INVITATION TO THE ZITF OFFICIAL OPENING
THE HON. DEPUTY SPEAKER: I have to inform the House
that the Zimbabwe International Trade Fair (ZITF) is inviting all Hon.
Members of Parliament to attend the ZITF Official Opening on Friday, 28 April, 2017. Hon. Members should collect their cards between 1400 hours and 1600 hours at the Members Dining during the course of this week. Parliament will not provide fuel and accommodation – [HON.
MEMBERS: Inaudible interjections.]
Order, order, I do not want to respond to your complaints.
VISITORS IN THE SPEAKER’S GALLERY
THE HON. DEPUTY SPEAKER: I recognise in the Speaker’s
Gallery, Ministers attending the Kampala Convention on Internally
Displaced Persons being hosted by Zimbabwe. You are most welcome –
[HON. MEMBERS: Hear, hear.]
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. NDUNA: Thank you Madam Speaker. It is on a point of privilege according to Section 69 of the Standing Rules and Orders. On your Order Paper there is Order of the Day Number 15 that speaks to and about 10% of the population. I seek your indulgence; this motion has embedded in it some sentiments that would have been captured by the 2017 National Budget.
Aware also that the seconder of this motion is differently abled who is Hon. Mpofu, she is not gifted with sight and by debating this motion today, it would have addressed Chapter 4, Part 3 of the Constitution that speaks to Section 80 to 84. I seek your indulgence aware that today is private members day and also aware that Section 59
(1) of the Standing Rules empowers you to rule on a motion of national interest. This motion has been tabled without being moved as a motion of national interest. Now it has become incumbent that it is expeditiously debated in Parliament.
THE HON. DEPUTY SPEAKER: Order! If you can help the
House – I can see that it is you who is bringing up this motion. If you have something to say, you can approach the Clerk or my office. Since you are going on, and on we are now proceeding with Questions Without Notice. Why do you not wait until we get to that motion?
HON. NDUNA: Thank you Madam Speaker.
HON. MUNENGAMI: On a point of order. Can this House be accorded an opportunity to know who the Acting Leader of the House is because we have some pertinent issues to ask as far as Government business is concerned? We do not know who the Acting Leader of the House is for now.
THE HON. DEPUTY SPEAKER: Order! Since it is Wednesday
today, you are so many and I can hear your whispers from this end.
Would you please lower your whispers so that I can hear what is being debated?
Turning to your point of order, it is not this House which elects the Leader of the House. There is no one who is Acting Leader of the House. So can we proceed with Questions Without Notice.
HON. MUNENGAMI: Even the Speaker of Parliament, Hon Advocate Mudenda, told us that when the Leader of the House is not there, that is, Vice President Hon. Mnangagwa, then someone amongst the Cabinet Ministers has to be the Acting Leader of House. That appointment has to be notified to Parliament so that we know who to direct those questions which we would have wanted to ask Leader of the House. Honestly, for you now to say it is not our duty to elect the Leader of the House – obviously it is not our duty to elect.
THE HON. DEPUTY SPEAKER: Can you please take your seat
so that I can attend to your question. It is not the duty of this House to elect a Leader of the House. This is what I am telling you. The appointing authority is there to appoint an Acting Leader of the House in the absence of the substantive Leader of the House. If the appointing authority has not appointed anyone, we are not here to appoint anyone – [HON. MEMBERS: Who is the appointing authority?]- It is the
President.
HON. P. D. SIBANDA: On a point of order. My point of order is merely a follow up on your answer. It is my view that you have correctly answered that it is not your responsibility or the responsibility of the House to appoint the acting leader. But I think it is the responsibility of the Chair to find out from the appointing authority who has been appointed the Acting Leader of the House because it is necessary that we have one.
THE HON. DEPUTY SPEAKER: That is fine. I think I hear your point of order that we find out whether there is a Deputy Leader of the House who will be acting on behalf of the Leader of the House. Up to now we do not have anyone.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. MANDIPAKA: My question goes to the Deputy Minister of Youth Development, Indigenisation and Empowerment. Given that the youth are the vanguard of this nation and they need to protect our sovereignty, explain the Government policy you have put in place to inculcate values of patriotism and nationalism in them. I thank you.
THE DEPUTY MINISTER OF YOUTH DEVELOPMENT,
INDIGENISATION AND EMPOWERMENT (HON. TONGOFA):
I want to thank the Hon. Member for asking this very important question. In our National Youth Policy, we have got four objectives. One of the objectives is to make sure that young people are involved in the socio-economic development of this country. The other objective is to ensure that all stakeholders are involved in making sure that the goal is achieved. The third objective is to make sure our young people uphold the principles of patriotism. It is within our National Youth Policy that we have to do that.
We are doing that through National Youth Service at various centres we have. We have the Dadaya and other various institutions which are doing that. We are training young people in that regard but due to financial constraints, we are not able to train all youth in this country. As a policy, we have to do that. I thank you.
HON. MUNENGAMI: My supplementary question is that the Deputy Minister stated that the Ministry has four objectives which he was supposed to articulate. He only articulated two. Can he tell us the other two because Hon Mandipaka’s question was very clear in wanting to know the objectives?
HON. TONGOFA: Let me once again go through the four objectives. The first objective is to make sure our young people are involved in the socio-economic development of this country. I stated that one. The second one is to make sure that we coordinate all the stakeholders who are involved in making sure that young people are involved in the socio-economic development of this country. The third objective is the one that I stated which deals with National Youth Service. The fourth objective is to make sure that the health of our young people…
THE HON. DEPUTY SPEAKER: What is happening? – [HON. MEMBERS: Inaudible interjections.] – No, I think you have to behave like Hon. Members.
HON. TONGOFA: The fourth one is to make sure that we look at the health of our young people. I refer the Hon. Members to the National Youth Policy of this country so that they can read those objectives for themselves. I thank you.
HON. MLISWA: My supplementary question is; Hon. Minister, I
like the aspect that patriotism is inculcated in the youth through Dadaya and through many institutions. Out of all those who are trained through the many courses that they go through who are very patriotic to this country, how many of those youths who undergo such training are employed? – [HON. MEMBERS: Yes!] -
THE HON. DEPUTY SPEAKER: Is this originating from the first question Hon. Member? – [HON. MEMBERS: Inaudible interjections.] – that is an issue of employment now– [HON.
MEMBERS: Inaudible interjections.] – Order, order may we have order in the House. Hon. Members, we allow talking of those who are trained to be employed – [HON. MLISWA: So that there is patriotism in the country!] – No, it is a different question Hon. Member. May we proceed with Questions Without Notice.
HON. MAJOME: My question is directed to the Hon. Minister of Health and Child Care. Is the Hon. Minister aware that in terms of
Section 29 (2) of the Constitution, “The State through his Ministry must take appropriate, fair and reasonable measures to ensure that no person is refused emergency medical treatment at any health institution”, and that in fact that same right is equalled in Section 76 (3) of the
Constitution that provides that, “No person may be refused emergency medical treatment in any health-care institution”. Is the Hon. Minister aware of that?
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MUSIIWA): Thank you Madam Speaker. Yes, I am very much aware of that section of the Constitution Hon. Member – [HON.
MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order, order there is a
supplementary question.
HON. MAJOME: Thank you Hon. Madam Speaker I am
delighted that the Hon. Minister is aware of those provisions in the
Constitution. My question therefore is, what reasonable measures has the Hon. Minister taken so far to ensure that no-one and indeed, no-one is denied emergency medical treatment at any health institution because that is actually what is happening? What is it that he has done?
HON. DR. MUSIIWA: Thank you Madam Speaker, I also want
to thank the Hon. Member for wanting to find out what we have done as a Ministry. We actually have enunciated a policy that all our public health institutions, by right, must allow treatment even the private institutions in this country are mandated by the laws of this country to accept emergency treatment – that is the Ministry’s policy. We, as much as possible will enforce that. If she has got specific instances, then we would want those to be brought to our attention so that we could then deal with those specific cases. I thank you.
HON. MAJOME: On a point of order Madam Speaker! THE HON. DEPUTY SPEAKER: Where is the point of order,
the Minister is answering.
HON. MAJOME: The point of order is that my question was what practical measures has he taken in order to ensure that happens?
He is saying they will try this and that but the fact is, people are dying.
A person can be knocked down along Mazowe Road outside Avenues Clinic or even outside Parirenyatwa Hospital but you are turned away if you do not have payment yet the Constitution states that he must take reasonable measures to do so.
My question was - what are those measures? He has prevaricated and it is a point of order. I want him to answer my question. What measures has he put in place? He cannot declare it in this House and not implement. I want to know what measures are in place because it is happening. – [HON. MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order, order Hon. Members
at the front bench there, you are making too much noise. The Hon.
Minister wants to hear what the Hon. Member is asking.
HON. DR. MUSIIWA: Thank you Hon. Speaker. I think I have made it clear that we have made a policy - [AN HON. MEMBER: Inaudible interjections.] – This is a policy measure and when you make a policy measure, it is an instruction as to what must happen. We also have regulations that bind institutions, even private institutions to do that and under the Health Professions Authority, we can prosecute
institutions that deny medical emergencies. I thank you. – [HON.
MEMBERS: Inaudible interjections.] –
Hon. Majome having stood up to pose another supplementary question.
THE HON. DEPUTY SPEAKER: Alright Hon. Member, maybe
I will advise you to put your question in writing so that you understand each other better because we cannot continue with one question.
HON. MAJOME: I understand Hon. Madam Speaker, but the
Hon. Minister must remember that in terms of the Privileges Act of Parliament, he must tell the truth to this august House and not try to pull wool over our eyes. This is a serious question and people are dying. – [HON. MEMBERS: Inaudible interjections.] – He talks about regulations when he is not able to state which ones.
This Constitution was passed in 2013, so he must tell me maybe when the regulations were promulgated and in terms of the Health Professions Act – it does not deal with those issues. If he does not know, he should honestly say, I do not know and I will find out and indicate when because I would like to know what precise measures are in place. People are dying and they are not receiving that medical attention in terms of the Constitution. – [HON. MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order, order in the House Hon. Members.
HON. MAJOME: He must tell the House and answer this statement truthfully. – [HON. MEMBERS: Address the Chair!] - HON. DR. MUSIIWA: Thank you Hon. Speaker. I think the
Hon. Member does not want to listen. We have got a policy and an Act.
Under the Health Services Act, it is mandated for all …
THE HON. DEPUTY SPEAKER: Order, order Hon. Minister,
may you please address the Chair.
HON. DR. MUSIIWA: All emergencies …
THE HON. DEPUTY SPEAKER: Order, order Hon. Minister, please address the Chair! – [HON. MEMBERS: Address the Chair!] - HON. DR. MUSIIWA: Yes, I have cited these two policies under the Health Services Act. You have to … – [HON. MEMBERS: Address the Chair!] - Okay, okay thank you Hon. Speaker. I said under the Health Services Act, all medical institutions and health service providers are mandated by law to provide emergency treatment as per the
Constitution.
Under the Medical and Dental Act, we can prosecute them if they do not comply. So I think we have made all the required provisions. I thank you.
THE HON. DEPUTY SPEAKER: Hon. Majome, I advise you
to put the question in writing so that we get fully researched information.
*HON. KWARAMBA: My question is directed to the Minister,
of Transport and Infrastructural Development. Hon. Minister, there are some volunteer people who are repairing potholes on our roads. They do not have any reflectors or danger warning signals to show that there are men at work ahead. What does the law say as regards an accident occurring if one were to hit into a wheelbarrow or kill a human being? What does the law say as regards these voluntary workers who are repairing these potholes? I thank you.
*THE DEPUTY MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. ENG.
MADANHA): Thank you Madam Speaker for the opportunity that you have given me and I am also thanking Hon. Kwaramba for her question. The truth of the matter is that yes, our roads are badly damaged because of the incessant rains that we have experienced, especially with the onset of cyclone Dineo which affected us because we now have a lot of potholes on the roads.
I actually have seen these volunteer road repair workers. What I want this august House to know is that firstly, if you look at these people, the type of soil that they put on the roads is not the correct soil. They are not paid by any one of the authorities that are responsible for the maintenance of roads, for example Local Government authorities,
Rural District Council, the Ministry of Transport and Infrastructural
Development – Department of Roads or the District Development Fund. They are not on any of those authorities pay sheets. So, as they repair the roads, they raise funds from the motorists, which is unlawful. We do not know any of those people. If there were to be an accident between the volunteer roads repairers who is doing it illegally and the person who will be driving their own vehicle, we are not responsible. I thank you.
*HON. MARIDADI: Thank you Madam Speaker. Hon. Minister,
have you observed that the roads that are being constructed by BITUMEN, about two weeks later, it will be having potholes. This is common knowledge to most of the motorists that are on the roads. The road to Dzivarasekwa is the one that I use every week. Last week, it was repaired but today, the same potholes need attention. The companies that are constructing the roads are not doing their job properly. Are these companies doing their job properly? Are they using the correct material and furthermore, whose company is this?
*THE HON. DEPUTY SPEAKER: Hon. Kwaramba had asked
about road repair volunteers being involved in an accident whilst repairing the potholes. But now you are asking a new fresh question on why BITUMEN is being given these contracts.
*HON. MARIDADI: I am saying people are volunteering to
repair the roads because they have potholes on their roads but the companies responsible for constructing the roads or repairing the potholes is not doing a good job. If they were to repair today; if you look at Churchill Avenue from Second Street up to Churchill, I go to Church using that road; it is less than six months after it was repaired but already it has 14 patches. Why is the situation like that? Thank you –
[HON. MEMBERS: Inaudible interjections.]-
*HON. ENG. MADANHA: It is correct that we have several
companies that are repairing the roads or these potholes. The truth of the matter is that whenever such work is done, there is a contract which is awarded. The terms of reference are also specified in those contracts as to what each part to the contract is expected to deliver and the work to be done. I do not believe or expect that this is the type of shoddy work that is being done, that barely three days after the repair, the same problem recurs.
There is need to inspect to see if the work that they have done is up to the correct workmanship so that payment maybe withheld if they do not live up to the expectations. The contract clearly spells out that there will be a guarantee, a period when they will have to re-patch the road as the case with the Mutare-Plumtree Road. It had its own defects; people were complaining but the maintenance team attended to the defects that were being referred to. At law, they are obliged to correct their wrongs. This is my own understanding. I thank you.
*THE HON. DEPUTY SPEAKER: Order, order! Hon. Member,
no more supplementary questions. Can we please proceed with other questions because Hon. Maridadi, that was not a supplementary question though you have been answered?
*HON. MARIDADI: The Minister is saying that our problem is that the company should maintain it. Our problem is, our roads once constructed should be roadworthy for five years. We are saying that the tender should be given to companies that have the necessary expertise and not your relatives or cousins in the form of BITUMEN that continually have to repair the roads. I thank you.
*HON. MATANGIRA: Thank you Madam Speaker. My
question is directed to the Deputy Minister of Mines and Mining Development. What is Government policy as regards disputes pertaining to the ownership of mines? Will that not affect our foreign investors as they work in partnership with the local companies?
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. F. MOYO): Thank you Hon. Speaker. The
Hon. Member has brought two issues; the first one is on the disputes and how long they should be resolved. Secondly, there are disputes as regards the ownership of mines. Dispute in terms of ownership as to whether it belongs to part A or part B - there is no policy that there will be disputes in the mining sector but be that as it may, should disputes arise, there are ways in which redress can be sought at provincial level, which will be the first run. Secondly, at the Ministerial level at a tribune chaired by the Minister, but those who disagree can go to the High Court. It means that the provincial council and the Ministry of Mines officials will no longer deal with that issue until the matter has been resolved. Whilst the matter becomes sub judice, as a Ministry, we cannot do anything about it. There is a backlog of cases in the High Court and you wait for the clearing of that backlog on all such cases. What is important is that we should work together, those that want to be miners and our mining officials so that we minimise the disputes. I thank you.
*HON. MATANGIRA: Madam Speaker, we have failed to
continue with our mining activities. Would it not be possible that some matters should not be taken to the High Court, but because these matters have been pending for three or so years, and that they may have been caused by you, could you please clean out this mess so that this country can develop please?
HON. B. TSHUMA: (In Nambya)
*THE DEPUTY MINISTER OF MINES AND MINING DEVELOPMENT (HON. MOYO): Thank you Hon. Speaker. The
manner in which companies work is that companies have their owners who would have invested in them. There is a Board of Directors before the owners of the company and below the board of directors there is the management. The Ministry of Mines as regards the issue of Hwange represents the Government. The Government is the investor and it is the major shareholder in Hwange.
As a Ministry, we should accept issues that we see are beyond the capability of the board of the parastatal or company. There is need to look at the policy for the investment. At the moment, there are issues for the board, management and investor. The issue of the investment is that we cannot raise adequate capital to finance the company.
HON. B. TSHUMA: On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: Is it a point of order or a supplementary?
HON. B. TSHUMA: No, it is a point of order. Let me put it in English for the benefit of the Deputy Minister. I thought that the years that he spent in Hwange he has got a bit of Nambya but I am a bit disappointed. What I am saying is...
THE HON. DEPUTY SPEAKER: I hope you are not repeating what you have said before.
HON. B. TSHUMA: I have to because it is necessary. What he has addressed is something else that I was probably going to say in the next three or so months but not for now. What I said right now is a question of conflict of interest. I am saying relating to the issue of solving disputes that has been raised by the Hon. Member, we have a situation - as is the case in Hwange where a managing director who was there and during his tenure, there was massive deterioration of the company. He then moved to the Executive.
When you go to the Ministry today, you are informed that if you are coming with those kinds of problems from Hwange Colliery
Company, Cabinet designated the Deputy Minister who is the former Managing Director to solve those kinds of issues. There is a perceived conflict of interest. I want to know why he has not recused himself or resigned altogether so that Hwange’s issues can have a fair chance of being dealt with. That is my question.
THE HON. DEPUTY SPEAKER: I think it is unfortunate that I also did not understand the language. I have also benefited from you when you said it in English. I think it is unfair the way you asked your question. You are asking the Minister what he did while he was still a Managing Director. It is very unfortunate. How can you do that?
HON. NDEBELE: On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: What is your point of order?
HON. NDEBELE: Madam Speaker, I have an issue with the way you have treated the Hon. Member.
THE HON. DEPUTY SPEAKER: Hon. Member, I am presiding
over the House. I have the responsibility to direct the proceedings in this House, so, it is not for you to direct the Chair. I know how to guide the proceedings in a manner which is fair to everyone.
HON. NDEBELE: Could you assist us on what Standing Rules you are basing your decision on?
THE HON. DEPUTY SPEAKER: Ah! Hon. Member please
could you please excuse me.
HON. NDEBELE: If it is the purpose of us coming to this House to ask questions...
THE HON. DEPUTY SPEAKER: You are now starting to incite
people and it is not good.
HON. P. D. SIBANDA: Thank you Hon. Speaker. I want to direct my question to the Hon. Minister of Energy and Mining Development, Hon. Undenge. Hon. Minister, your Ministry presides over two State owned companies that are involved in the petroleum sector which are
NOIC and Petrotrade. Petrotrade has had no board since 2015 to date. Currently, NOIC has formed a subsidiary called Genesis to also trade in petroleum products competing directly with Petrotrade. Can you educate the House firstly whether it is in line with Government policy for a State owned enterprise to stay for close to two years without a board and secondly, the motivation that led NOIC to come up with another company which is competing directly with another company that falls under your Ministry? Thank you.
HON. MLISWA: On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: What is your point of order?
HON. MLISWA: My point of order is on Standing Rules 106 which reads that ‘The Chair may direct a Member to discontinue his or her speech and resume his or her seat after having called to order such a Member’ - So, it is important under these rules that we respect the Chair, according to Standing Rules 106. Thank you.
THE HON. DEPUTY SPEAKER: Can we please proceed.
Minister please, Minister.
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE): Madam Speaker they
are making a lot of noise. Madam Speaker, let me respond to a good question asked by the Hon. Member. First of all, competition is a healthy thing. We need competition so that at least the customer gets the best service and in any case, within an organisation, we can have a number of companies which are competing. However, there have been discussions which we have been pursuing on whether we should let Petrotrade run independently or there should be a merger so that we achieve economies of scale.
I am aware of what the Hon. Member has just said. It is only that we have deliberations and discussions which are at an advanced stage, to the effect of seeing whether Petrotrade can merge with NOIC so that we achieve the advantages of economies of scale. I thank you Madam Speaker.
HON. P. D. SIBANDA: Hon. Speaker, before I say my supplementary question, the Hon. Minister did not answer the other part of the question. I am sure he will attend to it together with my supplementary question.
You are saying there are still discussions that are taking place, but as we speak, NOIC has already appointed some employees for Genesis. Now, what discussions are taking place when you have already employed some people to run that company and you are actually still continuing to employ others? Is there any Cabinet approval for the formation of that company, Genesis, in addition to the one for the board that has not been there at Petrotrade since 2015? Thank you.
HON. DR. UNDENGE: Madam Speaker, I think the Hon. Member did not get my first response when I said competition is a healthy thing and you can have a lot of actors, but catering for different segments owned by the same company. I will take a simple example. We have for example Meikles Limited. It has so many trading companies. It has TM, Greatermans, Pick n Pay and Barbours. All these are companies in the trading field but owned by one holding group. That is why I said such a thing is not only confined to the private sector, it can take place even in the public sector and competition is a healthy thing.
Coming to his second questions when he said, why is it that there is no board…
HON. MARIDADI: On a point of order, Madam Speaker. I have a problem when the Minister deliberately misleads the nation. You cannot form two companies to compete with the same product. He is giving us an example of a holding company that has Meikles, TM and so forth. Those are meant to cater for different segments of the market.
The price of fuel is one and the supplier is one. How do they compete?
TM and the other shop, are meant for different segments of the market. One goes for the niche market and the other goes for the bottom of the market. Which one is going for niche and which one is going for the bottom of the market? You are an economist and you must know better.
HON. DR. UNDENGE: Madam Speaker, I am wondering whether the Hon. Member went to business school because in every business sector, with every product, it can be differentiated. You can be serving different market segments entirely. This is the same - [HON.
MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Order Hon. Member. Would you please give chance for the Minister to respond - [HON. MEMBERS:
Inaudible interjections.]- Order!
HON. MARIDADI: Madam Speaker, he is misleading. How do you differentiate petrol…
THE HON. DEPUTY SPEAKER: Order, order! Can we have
order, Hon. Member. Hon. Maridadi, I think we have to respect each other. If I call for order, you have to sit down. While you were asking, the Minister was quiet. Now, he starts answering, you also disturb him. Why are you doing that? You will have a chance to bring in another supplementary question - [AN HON. MEMBER: Inaudible interjections.]- No, Hon. Member. So, this is what is there. This is what he is answering. You want him to say what you want. This is what he has. Hon. Minister, do you have something different?
HON. DR. UNDENGE: Thank you Madam Speaker. I think I have exhausted this question- [HON. MEMBERS: Inaudible interjections.]- and if he needs any other details, let him put it in writing.
I thank you - [HON. MEMBERS: Inaudible interjections.]-
*HON. ZIYAMBI: Thank you Madam Speaker my
supplementary question is to the Minister. I am not an economist, but I
would want to understand when he says competition is healthy. The companies belong to them, we have the same price. Who is benefitting?
Is it benefitting the company or the public? My understanding of competition as healthy is there should be several players and as a result of several players, the public will benefit. If we have a monopoly and US$1.50 being our price, how healthy is this competition? This is what we are asking you so that we can be enlightened - [HON. MEMBERS: Inaudible interjections.]-
Secondly, are they not in conflict to have two boards for the same company? Which law did he use to allow you to have two boards for the same holdings which are in the same industry? I thank you - [HON.
MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Order, Hon. Members.
HON. DR. UNDENGE: Madam Speaker, when I stood up I
asked initially for the members to remain quite so that they listen to what I am saying and I am vindicated. It shows that they have not been listening or there was a lot of noise interfering - [HON. MEMBERS:
Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Hon. Members, allow him to
give his answer please.
HON. DR. UNDENGE: My first response Madam Speaker was that we have delayed creating a board because we are in the process of deliberating on the mechanism for Petrotrade to merge with NOIC and when you want to merge you cannot create a board. There will be one single board. So, there are these merger deliberations which are taking place. Once there is that merger, we have the other company which looks after the procurement side. It goes upstream and then we have this other company which is downstream which looks after rural areas. I think – Madam Speaker, they are busy talking while I am responding, very soon they will ask a follow up question over a matter which I would have said while they are busy talking.
THE HON. DEPUTY SPEAKER: The last supplementary
question and Hon. Members, I am appealing with you that we have the whole bench of Hon. Ministers, so, please we cannot keep on asking the same Minister – [HON. MEMBERS: Inaudible interjections.] –
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: My point is meant to cure some answers
that are so much in disarray that came from the Hon. Minister. Firstly, I asked the Hon. Minister to inform us the motivation, he could not answer it. Secondly, I asked the Hon. Minister to tell us why there is no board, he could not answer it. From his answers Hon. Speaker, I believe that the Minister could be hiding a lot of truth from that issue. As a result, I plead with you Hon. Speaker that may the Hon. Minister give a Ministerial Statement either today or tomorrow regarding this issue because we want to get to the bottom of it. There are issues that are not very clear in the answers that he has given.
THE HON. DEPUTY SPEAKER: I think I agree to that Hon.
Minister, if we can work on that.
The Hon. Minister having stood up to give a response.
THE HON. DEPUTY SPEAKER: No, not now, but prepare the
Ministerial Statement and bring it.
*HON. MAHOKA: Thank you Madam Speaker. My question is
directed to the Deputy Minister of Health and Child Care. We would like to know what your Ministry is doing about the nurses who are not being employed in our districts. There will be a single nurse at a hospital who will be tired and off duty such that when women come to give birth they will not be attended to in time and this will result in loss of life. Women will be doing their national duty and these places are
Zebra Down, Netengo, Chivende, Ejositi and Murambi. What is the Government doing about it? I thank you.
THE HON. DEPUTY SPEAKER: Hon. Member, it was going to
be easy if you write down the names of the places you have referred to so that the Minister can come up with a proper answer.
HON. CHIRISA: My question is directed to the Deputy Minister of Public Service, Labour and Social Services (Hon. Eng. Matangaidze).
Hon. Minister, NSSA, we appreciate that it is helping Grain Marketing
Board – [HON. MEMBERS: Inaudible interjections] –
THE HON. DEPUTY SPEAKER: Hon. Members, please the
noise is too much.
HON. CHIRISA: Madam Speaker, NSSA is helping GMB and
soon it will be helping Cold Storage Commission. My question is when are they also going to help the contributors of NSSA, the workers, to construct houses because most of them are tenants? I thank you.
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. ENG. MATANGAIDZE): Thank
you Madam Speaker. I would like to thank the Hon. Member for that valid question. Indeed, we have started coming up with initiatives to help the sectors the Hon. Member refers to. You will appreciate that NSSA has come up with the National Building Society. The idea for coming up with the National Building Society is to help Government in its ZIM ASSET agenda to create a 100 000 houses by 2018. Obviously, people will say from the house that is a foul cry but I will say that as things stand right now, National Building Society is the biggest building society in this country in terms of housing delivery. Last year alone, we delivered 1600 houses, which is a bigger number than any other building society has attempted to do. In this regard, yes, priority is going to go to the workers and to the lower end of the market in the housing delivery sectors. I thank you Madam Speaker.
HON. NDUNA: Thank you Madam Speaker, what I want to know
from the Hon. Minister regarding the land that is in the towns that he is talking about, aware that he has spoken about the 1000 households or 1000 units or 1000 places for accommodation...
THE HON. DEPUTY SPEAKER: Hon. Member, please go
straight to your supplementary question.
HON. NDUNA: Please allow me Madam Speaker, allow me to come through – [HON. MEMBERS: Inaudible interjections.] – yes
Madam Speaker it is coming. What is the plan that he has got regarding the land that NSSA has got in towns? What is the plan that the Ministry has got with the land that is in the towns particularly where I come from?
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, the Hon. Minister of Energy and Power Development is signaling to me that I am empty up here. I think he needs to explain himself what he means by that gesture because I am honestly offended by that kind of a gesture.
THE HON. DEPUTY SPEAKER: Order, can we have order in the House. Hon. Sibanda, I hear what you say, Hon. Minister what were you signaling to the Hon. Member.
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. UNDENGE): Madam Speaker, he
looked at me when I was scratching my head – [Laughter.] –
THE HON. DEPUTY SPEAKER: Let us have order and
proceed with our questions.
HON. NDUNA: Madam Speaker, there is still a supplementary question that needs to be attended to. He needs to answer the supplementary question.
THE HON. DEPUTY SPEAKER: Hon. Nduna your
supplementary question is going to be answered.
HON. NDUNA: He needs to answer the supplementary that I have already put across to you.
THE HON. DEPUTY SPEAKER: Order, can we sit down
please. Hon. Minister, please answer the supplementary question.
HON. NDUNA: I have got a whole electorate of 50 000 that I need to...
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. ENG. MATANGAIDZE): Thank
you Madam Speaker. Hon. Nduna had asked about the tracts of land that are on NSSA’s books and what is going to be done with regards to constructing houses on those stands. What we have done is we have NSSA transferring the land on to the NBS books. So, that land now belongs to National Building Society and has since strengthened the asset base of National Building Society. I am happy to say some of that land, in areas such as Chinhoyi and Bindura, we have already started constructing houses. That has been taken on board Madam Speaker.
*HON. MLISWA: Thank you Madam Speaker. Firstly, you should leave Hon. Undenge as a Member of G 40, there is a Politburo today…
*THE HON. DEPUTY SPEAKER: Order Hon. Mliswa. If you
do not have a question, please sit down.
*HON. MLISWA: My question is directed to the Minister of
Local Government, Public Works and National Housing, Hon. Kasukuwere and in his absence, the Deputy Minister, I know that he is attending the Politburo today – [Laughter.] – my question is, the issue of land barons is on the increase. They are defying council, they are not paying rates and in the meantime they are collecting money from people. They ask people to pay rates. What are you doing about this issue so
that the land barons can be brought to book? People like Killer Zivhu is one of them, what are you doing so that you can stop them and make them behave?
*THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): Thank you Madam Speaker. I would like to thank Hon. Mliswa for his question. It is indeed a topical issue which is also bothering the Ministry of Local Government, Public Works and National Housing. However, what you should know is that the law says that, land barons are illegal. Their actions are unlawful. At the moment we have land barons who have been identified, they have cases to answer and they are appearing before the courts. I am pleading with you that if you have any land barons you know of, you supply us with the information so that they can be arrested because their activities are illegal. I thank you.
*HON. MLISWA: Hon. Minister, you have always said that you know about these issues and that you will do something about it but nothing has come up. In particular, the vegetable vendors raise their moneys through toil and build houses on these stands acquired by land barons. In the end, they lose out. What measures are you going to take as the responsible authority regarding the issue of these land barons? When are you going to do it when people are suffering and land barons are prospering?
*HON. CHINGOSHO: Thank you Hon. Speaker. I would like to thank Hon. Mliswa for his question. As I have indicated earlier on, that once the land baron is identified, they will be arrested because the activities are illegal. What we are doing as a Ministry is that, once we have observed or received information that the person is a land baron and has committed offences, that land baron will be arrested. That is the practical measure that we are taking. I thank you.
*HON. MLISWA: The issue is that I wrote a letter which I have with me, to the Ministry, concerning Pfugari, Killer Zivhu and Mupambi and the activities in Norton but to date, nothing has been done about the
letter.
*THE HON. DEPUTY SPEAKER: Yes you wrote a letter Hon.
Mliswa, it is a Ministry and an institution. They will not resolve the issue on the day they have received your letter. They need to investigate and look into the matter and address it.
*HON. S. CHIDHAKWA: My point of order Madam Speaker is
that, the issue is not dealt with on the same day it is reported.
*HON. MLISWA: Unfortunately, he is not the Chair and is not in that Chair. The Chair is there and has already made a ruling.
HON. ZINDI: Thank you Madam Speaker. My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development. My question is related to the ease of doing business, particularly when the Government has pronounced the policy of ease of doing business. Just this week, we were reading in the press that tobacco farmers are supposed to pay 10% because they do not have clearance certificates. My question is; is there a core-relation in terms of the ease of doing business as a policy enunciated by the Government, is there a core-relation in terms of the 5% as a policy that the Reserve
Bank of Zimbabwe is advancing to the tobacco farmers? Further to that, in terms of the ease of doing business, in accessing the clearance certificates, how are the tobacco farmers from all over going to access those clearance tax certificates, given the fact that it is not easy to access them? In addition – [HON. MEMBERS: Inaudible interjections.] – the last part Madam Speaker, already, the tobacco farmers are highly taxed, they are paying levies and all sorts of taxes. There is no money in the market for them to be productive on their farms. This 10% introduced by ZIMRA is going to eat into whatever they are going to get, therefore demoralising the farmers for them to go back to the land. What is the policy of the Ministry in order to make sure that they are incentivised? I thank you.
THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (HON. DR. MADE): I want
to thank the Hon. Member for raising the question. Of course, the Hon. Member raised several parts in her question, so I will answer what is pertinent to agriculture and also taking advantage of the fact that the issues relating to the 10%, we have already been in discussion with the Minister of Finance and Economic Development over that issue.
I want to clarify that the law is very clear on that issue of what the farmers must pay. However, some years back, that payment that is supposed to be made by farmers was suspended in order to bring up the farmers and support them in producing tobacco. ZIMRA was going according to the law and we have made the appeal that the issue of the payment of 10% be suspended for now and this has been agreed to and I am happy to announce that there will be no 10% that will be paid by farmers relating to this season -[HON MEMBERS: Hear, hear]. It is not only tobacco farmers but it also affects other farmers. I am very grateful for that question.
*HON. MUTSEYAMI: My supplementary question to Hon. Made is that at the moment, tobacco farmers are on strike and they have stopped selling tobacco. As the tobacco auctions are trading, farmers are receiving cheques and withdrawing $1000. You will have sold your tobacco for $40 000, you would want to go and do something meaningful at your farm. What other means are you putting in place to ensure that tobacco farmers get meaningful amounts so that they can go with something meaningful to their communal homes? Farmers are being paid 50 cents coins amounting to $200. How is someone supposed to carry such a huge amount of coins to their communal lands?
HON. DR. MADE: I want to thank the Hon. Member. However, I want to make a correction. It is not true that tobacco is not being sold. I want to make that clear to the House and to the nation. There is no stopping of marketing of tobacco. We do not want to mislead the farmers out there. What happened this morning was the issue of farmers at Boka Auction Floors otherwise the rest of the auction floors, the trade of tobacco is going on. It is very important that farmers bring tobacco and market it.
The second aspect, it is also not correct to say that the farmers are not being paid. Every farmer has got a bank account. It is the issue of the cash that the farmers are to be given. The agreed position is that the farmers will withdraw $1000 and that if there is any problem relating to that, the Reserve Bank of Zimbabwe and the Minister of Finance and
Economic Development are ready to handle the matter. I want to make it clear that there is no stoppage of tobacco. The farmers have money in their bank accounts and they are being given the cash that we have agreed on as well as swiping.
*HON. MANGAMI: My supplementary question is, with regards to other crops such as cotton, the 10% levy has been stopped. Does that apply to other crops?
HON. DR. MADE: I want to repeat where the Hon. Member said,
is it going to affect other crops. I made it very clear that - all commodities in relation to the 10% tax. I made it very clear and I repeat that.
*HON. MUTSEYAMI: All I wanted to say to the Hon Minister is that he should check his records. There was a demonstration at Willowvale Auction Floors on the sale of tobacco right away. I am not talking things out of the blue.
THE HON. DEPUTY SPEAKER: Thank you very much for
your comment. I think this will help the Minister to check what is happening. He is going to do that.
*HON. CHAMISA: On a point order. I have observed that when Hon. Dr. Made responded to the question by Hon. Mutseyami, it became clear that there are issues that are bothering a lot of farmers especially tobacco farmers. But it does not end there. We also have barbers and kombi operators who are also complaining about punitive taxes. We have had more than two weeks since the Minister of Finance and Economic Development came to this House. This is a request to Government that the next time we sit, we have a Minister who is responsible for answering our burning questions on the economy. People have spent three weeks in long queues without accessing cash. We have questions from our constituencies as regards the cash issue. There is no one to respond to them. May that be looked into?
If I were to ask Hon. Dr. Made to respond to the issue of finance, he may not be knowledgeable but he is knowledgeable in terms of crops. Hon. Mandiwanzira is more inclined to broadcasting, information and communication. He is not an expert in monetary issues. We need someone who can answer with authority on the issue of finances. I thank you.
HON. MATIENGA: My question is directed to the Minister of Home Affairs. Hon. Minister, what is the Government policy in terms of foreigners who have overstayed in this country, are they arrested or deported? I thank you. – [HON. MEMBERS: Inaudible interjections.] -
THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MGUNI): Thank you Mr. Speaker Sir. The law that we have states that the overstayed person is arrested and deported to his country of origin. –
[HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order, order Hon. Members, the noise is so much that I cannot even hear the Minister’s response. Hon. Minister, may you please repeat what you just said?
HON. MGUNI: Thank you Hon. Speaker Sir. The overstayed
person is arrested and deported to his country of origin. I thank you.
– [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order Hon. Minister,
please take your seat.
HON. MUNENGAMI: On a point of order Mr. Speaker, I propose that we extend by 15 minutes.
THE TEMPORARY SPEAKER: There is no point of order, you
just ask for an extension.
HON. MLISWA: Mr. Speaker Sir, I object. – [HON.
MEMBERS: Inaudible interjections.] –
Questions Without Notice were interrupted by THE
TEMPORARY SPEAKER in terms f Standing Order Number 64.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
NUMBER OF VIRAL LOAD TESTING MACHINES AVAILABLE
IN PUBLIC HEALTH INSTITUTIONS
- HON. MANGAMI asked the Minister of Health and Child Care to inform the House on the following:-
- the number of viral load testing machines that are available in public health institutions; and
- the number of viral load testing machines that are functioning and the reasons for some of the machines that are not functioning. – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order Hon. members, if you are walking out, please do so quietly please. – [HON. MEMBERS:
Inaudible interjections.] –
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE (HON. DR. MUSIIWA): Thank you Hon. Speaker and I also want to thank Hon. Mangami who wanted to know the number of viral load testing machines we have in the country.
- We have got 15 viral load testing machines in the country.
- These are distributed as follows: we have got three viral load testing machines that are installed at the National Micro Reference
Laboratory in Harare; one installed at Harare Central hospital; one at
Mpilo Central hospital and another one that is due to be installed at
Mpilo Central Hospital as well; one installed at Mutare Provincial
Hospital; one at Chinhoyi, one at Gweru and another one at Masvingo. –
[HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order Hon. Members.
Hon. Mangami, did you hear anything from the Hon. Minister’s response?
HON. MANGAMI: I am afraid, I did not hear anything Mr.
Speaker Sir.
THE TEMPORARY SPEAKER: Yes, there is a lot of noise in this Chamber. – [HON. MEMBERS: Inaudible interjections.] – Order, order Hon. Members… – [HON. MEMBERS: Inaudible interjections.] – Order I am talking to you. May you repeat your response Hon. Minister, so that we all hear.
Hon. Chamisa having spotted Hon. Ziyambi, Hon. Dandawa, Hon.
Dziva and Hon. Paradza in deep conversations.
*HON. ADV. CHAMISA: On a point of order Mr. Speaker Sir. My request is for you to talk to Hon. Paradza and his colleagues to stop discussions in the Chamber because this is what belittles this House. We are doing serious business with the Hon. Minister here. Please assist us Hon. Speaker, so that people respect this House.
THE TEMPORARY SPEAKER: Order, order, I do not need to
remind some of you here to lower your voices. If you want to discuss, maybe you can go to the lobby. Hon. Minister, you may continue with your response.
HON. DR. MUSIIWA: Thank you Hon. Speaker and I also want to thank Hon. Mangami who wanted to know the number of viral load testing machines that we have in the country. I responded that :-
(a) We have got about 15 viral load testing machines in the country. – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order, Hon. Mutseyami
and your partner there. – [HON. MEMBERS: Inaudible interjections.] – Order, order Hon. Members, this is the last time I will mention names. The next time, I am going to ask any one of you to go out and make your noise outside. Hon. Minister, you may continue with your response.
HON. DR. MUSIIWA: Thank you Hon. Speaker. I want to thank Hon. Mangami who wanted to know the number of viral load testing machines that we have in the country.
Our response is, we have about 15 viral load testing machines that are in the country. She also wanted to know how many are functional. At the moment, 11 are functional and about four are out of order. She also wanted to find out about their distribution in the country. These viral load testing machines are distributed as follows, we have got three viral load testing machines that are installed at the National Micro Reference Laboratory in Harare; one installed at Harare Central hospital; one at Mpilo Central hospital and another one that is due to be installed at Mpilo Central Hospital as well; two viral load testing machines at Beatrice Road Infectious Disease Hospital; one viral load testing machine at each of the provincial hospitals of Mutare; Chinhoyi; Gweru and Masvingo. I thank you.
HON. MANGAMI: My supplementary question is, according to
the distribution list, may I find out from the Minister if they are sufficient to cater for those who would want to be served taking into consideration that there is one viral load testing machine in Midlands for example?
HON. DR. MUSIIWA: Thank you Hon. Speaker, I want to thank
Hon. Mangami for that question. It is actually a very pertinent question. The viral load testing machines that we have - have got very high throughput. If we have enough samples, they will be able to take all the samples. Unfortunately, for us they are centrally placed, which places a challenge on the transportations of specimens to the laboratories and from the district hospitals and the rural health centres.
In the meantime we have placed smaller point of care machines that can be found in the district hospital. However, even when we have enough throughput, they cannot be properly utilized because they are not strategically placed.
HON. ZIYAMBI: Thank you Mr. Speaker Sir. My supplementary
question to the Minister is we now have new technologies that can do viral load testing. Given that the majority of our people are now on ART and we are spending a lot of money putting those people on ART and we have technologies that allow for the processing of one, two or three samples at a time. What is stopping Government from utilising those technologies? Some of those technologies are already placed around the country and they are not being utilised. What is stopping the Ministry from doing that? I thank you.
HON. DR. MUSIIWA: Thank you Hon. Speaker. I want to thank
Hon. Ziyamabi for this question. It is true new technologies are coming on stream. We have the gene expert machine which we have been using in the tuberculosis detection with a new cartridge and different software; we can do a viral load on the same machines. In actual fact, at the moment we are migrating to that system. We already have the gene experts in place; we now provide the type of cartridge and the software to then match this process. Thank you.
POSITION REGARDING FAITH HEALERS WHO CLAIM TO
TREAT HIV
- HON. MANGAMI asked the Minister of Health and Child
Care to inform the House on the Ministry’s position with regards to faith healers who claim that they can treat HIV and advise people living with HIV to stop taking ARVs.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MUSIIWA): The position of the Ministry is that at the present moment there is no cure for HIV/AIDS. It is a form of malpractice for traditional health practitioners to make false claims about the cure of HIV and advising clients to stop taking prescribed medicines and they should be prosecuted. Usually such practices are done by bogus traditional healers who are not registered by the Traditional Medical Practitioners Council.
We actually have Statutory Instruments that will prosecute
Traditional Healers that advise patients who are on ARV’s to discontinue them. At the moment the Ministry has been sensitising the Traditional Healers as to the correct way to go about it and to make sure they do not advise patients to leave ART and over 400 of them have been educated to date. All that they are doing at the moment would be maybe to give medical supplements.
POSITION ON THE PROVISIONS OF UNIVERSAL ACCESS TO
VIRAL LOAD BASED TREATMENT
- 4. MANGAMI asked the Minister of Health and Child Care to explain the Ministry’s position on the provisions of universal access to viral load based treatment.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MUSIIWA): Naturally, everyone who is on ARV must
have a bi-annual load test. It is imperative because when we know the viral load, it will then be important for us to assess whether the ARV’s are working and if they are not, whether there are going to be adjustments to the dose or to the diet. Although at the moment not all patients who are on ART are accessing viral load treatment, we urge as many as possible to do this. I thank you.
POLICY REGARDING SALARIES OF WORKERS AT JENA MINES
- HON. M. M MPOFU asked the Minister of Mines and Mining
Development, to explain to the House the Ministry’s policy regarding miners who have failed to pay their workers’ salaries on time, that is, a case in point being Jena Mines which is in Silobela Constituency under the directorship of the ZMDC which has failed to pay workers their full salaries.
THE DEPUTY MINISTER OF MINES AND MINERALS
DEVELOPMENT (HON. F. MOYO): Thank you Mr. Speaker. The
Ministry’s policy on salary issues is in fact the Labour Act which employers must observe. While ZMDC is owned by Government, they must abide by the Labour Laws.
CLEARANCE OF SALARY ARREARS BY ZMDC
- MPOFU asked the Minister of Mines and Mining
Development, to explain to the House when ZMDC would clear such salary arrears so that mines can get back into full operations again.
THE DEPUTY MINISTER OF MINES AND MINERALS
DEVELOPMENT (HON. MOYO): Thank you Hon. Speaker.
ZMDC’s failure to engage into full operations is not a workers’ problem per se, but a capitalisation one. ZMDC required fresh capital injection in order to ramp up production in all its mines. Efforts are currently underway to secure funding and equipment for ZMDC to restart production.
GOVERNMENT POLICY ON MINES
- M. M. MPOFU asked the Minister Mines and Mining Development, to inform the House whether Gold panning/ alluvial gold mining is permissible and to explain what the Government policy is in mines such as Jena Mines and to further state whether proceeds from such operations are not utilised to pay workers or at least to utilize a percentage of the for community development, instead of them being channelled to the Head Office in Harare.
THE DEPUTY MINISTER OF MINES AND MINERALS
DEVELOPMENT (HON. F. MOYO): Thank you Hon. Speaekr.
Alluvial gold, which is gold deposited by water movement is permissible to mine when it is discovered on an old river channel. However, there is a government policy on riverbed mining where alluvial gold can also be discovered. The policy does not allow anyone to carry out river bed mining because of its adverse effect on the water bodies. Cabinet has tasked ZMDC to carry out riverbed mining on behalf of Government and resources are being mobilised in this regard. Distribution of company revenue is however a Board and Management prerogative.
HON. MUTSEYAMI: Thank you Hon. Speaker. My
supplementary question is that you have pointed out clearly that riverbed mining of the alluvial gold is illegal but the discretion has been given for Government to do the riverbed mining. With all effects of riverbed mining, what exonerates Government from affecting the river system as a result of the mining as compared to the ordinary people doing the mining?
HON. F. MOYO: The difference Hon. Member or the assumption which we believe is correct is that a Government entity will be supervised and regulated by Government better than it would if it was a private entity.
HON. GABBUZA: I just want to bring to the attention of the Minister that the second part of the question is assuming that already riverbed mining is taking place at Jena Mines and the questioner is asking why the proceeds cannot be used to offset the salary arrears. I think that is the question is and the Minister has not attended to that part.
HON. F. MOYO: Thank you Hon. Speaker. My comment is that I
concede to that part of the question but I said that the distribution of companies’ revenue is an issue for the board of that company and its management. So, it would be difficult for us as shareholders to instruct the board and its management on how to distribute its revenues.
HON. HOLDER: Thank you Mr. Speaker. My supplementary is
to do with...
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order Hon. Members, there is a caucus in the corner there. Hon. Member in the corner to my right – Hon. Nhema, I did not want to mention your name, please.
HON. HOLDER: Thank you Mr. Speaker. My supplementary is will that not compromise the Ministry when it gets involved in mining on the riverbeds. Currently, there is mining taking place as what we call artisanal miners on most of the rivers. So, I wanted to find if
Government now goes and does riverbed mining, will it not compromise their oversight role?
HON. F. MOYO: The issue of artisanal miners mining on riverbeds is an issue that is attended to by Government to try and regulate their activities. With regard to the second part of the question, I think our laws at the moment allow Government to form company entities that can be engaged in various sectors of the economy. Government is in fact using one of such companies to be engaged in river mining and I said we believe that we could supervise and regulate the activities of river mining in a more constructive way.
HON. NDUNA: Thank you Mr. Speaker. It would not be sufficient if I did not pose a supplementary question on mining. Mr. Speaker, My question borders on the riverbed mining and all other artisanal mining activities around riverbed mining and all that. They are enshrined and embedded in the Mines and Minerals Act, both current and the one that is coming. My question therefore is when are we expecting that Mines and Minerals Act to come so that we can repeal these sections that are allow for artisanal miners and small scale miners to be embedded in terms of their activities in the most lucrative riverbed mining so that we empower the formerly marginalised black majority?
HON. F. MOYO: Hon. Speaker, the Bill is now before Parliament Administration and the Ministry. So, it is my assumption that it will soon be before Parliament.
WRITEN SUBMISSIONS TO QUESTIONS WITH NOTICE
BUSINESS OF PRIVATE VOLUNTARY ORGANISATIONS
(P.V.0S) AND OTHER NON-GOVERNMENTAL ORGANISATIONS
- HON CHIRISA asked the Minister of Public Service Labour and Social Welfare to explain the role played by the Ministry in the following:
- Business of Private Voluntary Organisations (P.V.0s) and other Non-Governmental Organisations when they have practical and strategic needs in the Organisations.
- Assisting Jairos Jiri Rehabilitation Centre in Bulawayo which has inadequate resources to feed their students.
THE DEPUTY MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE (HON. MATANGAIDZE): Our Ministry
oversees the implementation of the Private Voluntary Organisation Act (Chapter 17:05). Accordingly, we recognize all organizations registered in terms of the aforementioned Act and other institutions which are governed by such legislation as the Children’s Act (Chapter 5:06), the Disabled Persons Act (Chapter 17:01) and the Older Persons Act (Chapter 17:11).
Our Ministry registers and monitors programme activities of Private Voluntary Organizations and institutions and institution which are part of these PVOs. Private Voluntary Organisation primarily is registered to compliment Government efforts in social protection services for the distressed families and vulnerable communities.
The operations of Private Voluntary Organisations are governed by all relevant legislation depending on their area of focus. There are Government grants accorded to these special needs groups, in the form of once off administration grants for children’s homes and Institution for person with disabilities. The grants are paid off to cushion the day to day running costs of the institutions. The institutions also receive per capita grants which are paid upon claim at a rate of US$15.00 per inmate per month. These are meant to assist in the maintenance of the institutionalised persons.
On the (b) part of the question, the running of welfare and rehabilitation programmes for persons with disabilities are guided by the Disabled Persons Act (Chapter 17:01) as supported by the United
Nations Convention on the Rights of Persons with disabilities, of which
Zimbabwe is signatory to. The Ministry of Public Service, Labour and Social Welfare has the mandate to promote, protect and ensure the full and equal enjoyment of the rights of persons with disabilities. The
Jairos Jiri Centre Bulawayo is registered under the Private Voluntary
Organsiation Act (Chapter 17:05) and its PVO number is 17/67
Hon. Chirisa’s observations that the Jairos Jiri Rehabilitation Centres in Bulawayo namely, Pumula, Nguboyenga and Burnside had particularly been challenged by lack of food rations’ as at the middle of last year are correct.
Accordingly, our Ministry has since July 2016 been making the following monthly maize allocations:
Jairos Jiri Pumula 100kgs
Nguboyenga 600kgs
Burnside 200kgs
We have also complemented the above with cumulative rice allocations as follows:
23 November 2016 850 kgs
18 January 2017 4 250 kgs
17 March 2017 7 500 kgs
Hon. Members will be pleased to learn that our Ministry, through the Department of Social Welfare has been playing an effective role in complimenting the efforts of institutions such as Jairos Jiri in meeting the needs of persons with disabilities.
It is our Ministry’s mandate to continue monitoring PVO’s and ensuring a smooth working partnership with them as they complement Government efforts in the social protection of vulnerable groups.
BENEFITS FROM THE COMMAND AGRICULTURE
- HON. CHIRISA asked the Vice President and Minister of
Justice, Legal and Parliamentary Affairs, to explain that in view of the fact that the initial hectrage of the Command Agriculture was 400 000 hectares valued at a cost of US$500 000 000 when in fact the actual hectrage is 168 666 -
- How much the actual total of the 168 666 ha and its breakdown was.
- What happened to the remainder of the money since the actual hectrage was below 400 000.
- How would the loan be repaid if the Command
Agriculture fails to yield the expected results, since some of the farmers were unable to get all the necessary inputs in time for the anticipated bumper harvest and also bearing in mind that this loan was not approved by Parliament and
to:
- Disaggregate how many women and men benefitted from the Command Agriculture.
THE MINISTER OF AGRICULTURE, MECHANISATION
AND IRRIGATION DEVELOPMENT (HON. DR. MADE) on behalf of THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Thank you Mr. Speaker Sir. Hon. Member,
- The total value was $160 000 000 to cover 168 666 hectares under the Special Maize Programme for Import Substitution (Command). However, the only pledge that was accepted was for $85 000 000 for the irrigated maize and $75 000 000 for the dryland maize. The balance of $340 000 000 offered from the $500 000 000 was rejected as the interest rates were too high and would have crippled the farmers.
The Special Maize Programme for Import Substitution (Command) costs covered tillage services, seed, fertilizer, chemicals, fuel, motor bikes, vehicles and administrative costs. The reconciliations are in progress.
The total land contracted under the Special Maize Programme for Import Substitution (Command) was 168 666.1 hectares, broken down as follows:
Table 1: Planted hectarage per Province (Farmers)
PROVINCE |
IRRIGATED (HA) |
DRY LAND (HA) |
Manicaland |
6 008.2 |
8 172.2 |
Mashonaland Central |
11 936.0 |
16 901.0 |
Mashonalnd East |
9 150.0 |
14 961.9 |
Mashonaland West |
23 672.0 |
58 186.5 |
Masvingo |
2 015.0 |
67.0 |
Matabeleland North |
612.7 |
0 |
Matabeleland South |
270.0 |
0 |
Midlands |
3 099.0 |
9 379.5 |
TOTAL |
57 183.5 |
107 668.1 |
Table 2: Planted hectarage per Province (Institutions)
PROVINCE |
IRRIGATED (HA) |
DRY LAND (HA) |
Manicaland |
40 |
23 |
Mashonaland Central |
301 |
333 |
Mashonalnd East |
210 |
283 |
Mashonaland West |
795 |
164 |
Masvingo |
15 |
0 |
Matabeleland North |
365 |
0 |
Matabeleland South |
1 064 |
0 |
Midlands |
122 |
99.5 |
TOTAL |
2 912 |
902.5 |
- The $340 000 000 was never accepted as the interest rate was too high and would have crippled farmers. The hectarage was
168 666 hectares which cost $160 000 000 as explained above
- The Special Maize Programmes for Import Substitution (Command) will not fail to yield results. Individual farmers who fail to meet the yields will be addressed on a case by case basis.
- There were 2 616 women and 33 794 men. The figures are broken down as follows per province:
PROVINCE |
WOMEN |
MEN |
Manicaland |
369 |
1 213 |
Mashonaland Central |
952 |
7 428 |
Mashonalnd East |
82 |
4 470 |
Mashonaland West |
540 |
12 140 |
Masvingo |
30 |
170 |
Matabeleland North |
12 |
53 |
Matabeleland South |
15 |
71 |
Midlands |
346 |
8 249 |
TOTAL |
2 616 |
33 794 |
MOTION
FIRST REPORT OF THE PORTFOLIO COMMITTEE ON LOCAL
GOVERNMENT, PUBLIC WORKS AND URBAN DEVELOPMENT
ON SERVICE DELIVERY BY LOCAL AUTHORITIES
HON. ZINDI: I move the motion standing in my name that this House takes note of the First Report of the Portfolio Committee on Local Government, Public Works and Urban Development on Service
Delivery by Local Authorities.
HON. NDUNA: I second.
HON. ZINDI:Introduction
The Portfolio Committee on Local Government, Rural and Urban
Development plays an oversight role on the Ministries of Local
Government, Public Works and National Housing and Rural
Development Promotion and Preservation of National Culture and
Heritage. The Committee conducted an inquiry into the operations of Local Authorities with a view to assess overall service delivery. Prior to that, the Committee had received complaints of poor service delivery, allegations of corruption and mismanagement of funds by Local
Authorities from residents associations, civil society organisations and rate payers. The allegations included favouritism in allocation of stands and mismanagement of rate payers’ funds. The Committee then resolved to conduct fact finding visits to selected local authorities to examine the veracity of the allegations.
According to Sections 274 and 275 of the Constitution, Local Authorities have a mandate to represent and manage the affairs of the people in urban and rural areas throughout Zimbabwe. Service delivery is a key to the development of communities and should be top priority for local authorities. Service delivery should not be characterised by heaps of uncollected refuse, lack of water, demolitions, illegal settlements, poor road networks and congested central business centres. Unfortunately this has become the order of the day in most towns and
cities.
Methodology
The Committee visited the following local authorities;
Chitungwiza, Bulawayo City, Lupane Town, Hwange Town, Binga
Rural District, Umguza Rural District, Gwanda Local Board, Beitbridge
Town, Chiredzi Town and Masvingo Town Council. It received oral and written evidence from the management of Councils of the above mentioned local authorities. Tours to water and sewer treatment plants were conducted. Main bus terminuses were visited. In Chiredzi and Masvingo, the Committee held public hearings on the state of service delivery by these two Councils.
COMMITTEE’S FINDINGS
Chitungwiza Municipal Council
The Committee held a meeting with Mr Makunde, the Town Clerk of Chitungwiza Municipal Council and his team at Parliament on 9 February 2016. The Committee learnt that an audit that was carried out in November 2013 came up with several recommendations meant to bring sanity to Chitungwiza Municipality and its community, following illegal land allocations and occupation of the same. The audit identified a number of land barons and recommendations for their prosecution were made. The audit report condemned allocation of stands on wetlands, school sites, road servitudes, buffers, under electricity lines and on top of sewage pipes. The Committee was disappointed to learn that although a directive by the Ministry of Local Government, Public Works and National Housing was issued to stop development on the above mentioned areas, more land continued to be illegally allocated, occupied and more houses were constructed on the condemned sites.
The Town Clerk informed the Committee that Chitungwiza Municipal Council sold more residential stands than were available from Braemar and Longlands Farms under the Nyatsime Housing Scheme. After realising that, the Council amended the layout to accommodate more stands. The Committee was informed that 15457 stands were created and were paid for in full during the Zimbabwean dollar period. Top ups in the United States dollar were paid by beneficiaries to enable servicing of the stands. The Committee was disappointed to learn that beneficiaries of this project could not be allocated their fully paid stands on Braemer Farm because of an interdict obtained by A2 farmers barring Council ownership of the land. Chitungwiza Council reported that two pressure groups started illegal subdivisions and parceling out stands on Braemer and Longlands Farms, citing that Council had taken too long to allocate them stands which they bought in 2006. The Council informed the Committee that Longlands and Braemer farms were formally handed over to them in 2014 but the Ministry of Lands and Rural Resettlement did not withdraw offer letters issued to six A2 farmers, resulting in the said farmers obtaining an interdict barring Council from Braemer Farm.
Council told the Committee that two pressure groups emerged, one led by someone called ‘Chief Svosve’ which operated across the Nyatsime River and the other one led by Mr and Mrs Matambo which operated on land within the Municipal boundary but being part of Nyatsime Project. These two groups were said to be illegally subdividing and allocating state land, taking advantage of a court order which barred Chitungwiza Municipality from land that falls under Braemar Farm until A2 offer letters issued to about six beneficiaries had been withdrawn.
The Committee undertook a visit to Nyatsime Housing Scheme and held a meeting with settlers. The Committee heard that some beneficiaries of Nyatsime Housing Scheme led by Mrs. Matambo mobilised themselves and settled on the land, citing that they were disappointed that Chitungwiza Council had taken long to allocate them their stands. Settlers told the Committee that when they settled at Nyatsime, they did not adhere to the stand numbers as allocated by
Council. People just settled where they wished and that created chaos. The settlers acknowledged that they made a mistake by illegally occupying stands and urged Council to correct the error by switching the numbers since the amounts paid were the same and the size of stands were the same. Those who had settled were against the idea of being moved because they had developed the stands.
The Committee was informed that on 5 June 2013, Council obtained a court order to demolish all illegal structures in Nyatsime but this order could not be implemented because a council vehicle and that of the Messenger of Court were damaged. The Committee was informed that in spite of court orders, illegal occupations continued on
Braemer Farm, with about 12000 residential stands illegally allocated by Councillor Choga from Manyame R.D.C. Longlands Farm also experienced illegal occupations, with about 3000 residential stands also illegally allocated by Nyatsime Housing Trust.
The Land Audit Report done by the Ministry of Local Government, Public Works and National Housing in November 2013 listed Dr. Fredrick Mabamba of United We Stand Multi Purpose
Cooperative, Mr. Bonifance Manyonganise of Yamurai Disabled
Cooperative, Mrs. Manhango of Chitungwiza Ruvimbo Housing
Cooperative, Mr. Makuchete, Major T. Marufu, Hon. Chigumba of Chigumba Holdings as land barons who had illegally sold stands to home seekers. Other land barons who were mentioned are Mr. and Mrs.
Chivhanga and Zanoremba Housing Cooperation.
Chitungwiza Council alleged that these land barons created a parallel land authority which had their own architects, town planners, building inspectors and housing officers. They designed their own layouts, surveyed the stands, drew and approved their own building plans and undertook inspections so as to convince home seekers that everything was above board.
The Council also informed the Committee that wetlands identified and condemned in the 2013 audit report were being reoccupied and local leaders were applying for regularisation and this was said to have caused another wave of illegal land occupations.
Chitungwiza Council and settlers said the situation at Braemar and Longlands farms needed urgent government intervention in order to protect the people who legally paid for their stands through Chitungwiza Council. The Committee was told that between 2000 and 2002, periurban farmers occupied Braemar farm, after Government offered them the land. A group of A2 farmers who had offer letters settled there in 2006. Between 2007 and 2008, Chitungwiza Council advertised stands at Braemer Farm (Nyatsime).
Settlers at Nyatsime told the Committee that they bought the stands for ZW $60 million and had paid cash to Council and receipts were shown to the Committee. In 2010 the settlers were asked by
Chitungwiza Council to pay another US$900.
The Committee toured Unit A Extension which had 400 stands which were illegally sold by Dr. Mabamba of United We Stand
Cooperative. These stands are along a stream and were not serviced.
There were no roads, sewer and water reticulation. Residents were using unprotected wells and blair toilets. The Committee interviewed one settler who said she bought the stand for $4500. The Committee was shown where demolitions were done in that area before Chitungwiza Council was stopped by the High Court.
The Committee also toured Unit P Extension which is a wetland. The Committee was shown houses that were allocated by Council but were on wetlands and those that were sold by Dr. Mabamba, again on wetlands and some on a stream. The Committee was concerned when told that Chitungwiza Town Council had between 4000 and 5000 illegally allocated stands.
The Committee observed burst sewer pipes during its tour and that
Chitungwiza Town had inadequate water to supply its residents. The Committee was informed that the average water supply for the year 2015 was 26 mega litres per day against a demand of 62 mega litres. Chitungwiza Council resolved to commercialize its water and sanitation department so as to raise $82 million for water infrastructure rehabilitation, upgrading, procurement of plant and equipment. The intention of the Council was to form a company called Chitungwiza Water Company whose mandate would be to ensure Chitungwiza has adequate potable water.
At the time of the Committee’s visit, Chitungwiza Council had salary arrears that ranged between four to twenty two months. The Committee was informed that the majority of workers were owed sixteen months’ worth of unpaid salaries.
The Committee held a meeting with Chitungwiza Residents who indicated that they were not satisfied with service delivery by their Council. They cited scarcity of portable water as a huge potential health hazard as residents were turning to unsafe water sources. The association feared that Chitungwiza Council’s plan to privatize water
would make it expensive and therefore unaffordable to most residents.
The association also complained about the continued emergence of unplanned settlements in Chitungwiza, the demolition of the same and forced evictions. The association told the Committee that the absence of roads in some residential areas such as Manyame Park, Zengeza 4 and Unit O resulted in commuter omnibuses not being able to service those routes. Where there were roads, most routes were said to be in a deplorable state.
BULAWAYO CITY COUNCIL
The Committee held meetings with officials from Bulawayo City Council on 16 May, 2016. The Town Clerk informed the Committee that Bulawayo gets its water from Insiza, Inyankuni, Lower and Upper Ncema, Umzingwane and Mtshabezi Dams. Bulawayo City Council has an Epping Forest Project which is meant to augment the city’s water supply with an additional 10 mega litres per day. The Epping Forest
Project was estimated to cost $4 million.
The Committee visited Criterion water treatment plant and also the holding reservoir. The Committee was informed that the reservoir has a holding capacity of 1035 mega litres which can supply the city water for ten days in case of breakdowns. The water flows by gravity from the reservoir to the city’s water treatment plants, thus saving on electricity.
The Committee toured the treatment plant which was found to be very clean and operating efficiently. The Committee was impressed with the way the water treatment plant was maintained, considering that it was constructed in 1972 and a duplicate of the same was built in 1989, and both were functioning very well. The city uses two chemicals to treat its water and the water was said to be safe for drinking.
The Committee was informed that a tender was awarded to
Baritone Enterprises on 4th March 2015 for the rehabilitation of
Cowdray Park waste stabilisation ponds. The Committee was told that Bulawayo City used to be accused of polluting Umguza River but that, this had become a thing of the past because the City borrowed $8 million for the rehabilitation of its waste management system.
Bulawayo City said it would receive $899 000 as ZINARA disbursements for the year 2016 and at the time of the Committee’s visit a total of $430 000 had been disbursed. Of the amount disbursed $135
000 was used for pothole patching and $295 000 for resealing Hillside
Road.
Bulawayo City told the Committee that there was shortage of cemetery space and they applied for more land in 2010. The Ministry of
Home Affairs only gazetted the land on 12 August 2016, Marvel and Pumula South areas for cemeteries. The Council was also facing challenges in registering its doctors to be able to conduct cremations. The Committee was told that an application was made in 2005 to have three Bulawayo City’s three doctors registered for cremations. Bulawayo City was asked to pay a sum of $120 on 14 June 2016 for gazetting but they were still waiting.
Plans were in place to upgrade Egodini rank into a mall to accommodate vendors. The Committee was informed that Egodini project was launched on 29 February 2016 and the contractor was working on engineering and architectural designs. The Committee is however worried that the project was taking a long time to be constructed.
The Committee was told that Bulawayo City had adequate firefighting equipment and had helped other neighbouring local authorities such as Zvishavane and Shurugwi. Bulawayo City Council managed to buy equipment to maintain roads and two new refuse compactors as a way to keep the city clean. Commuter omnibuses were encouraged to form companies. Bulawayo City also urged operators to form one company so that drivers would cash in to one company and as the company grew, they could improve the fleet from small vehicles to conventional buses.
Bulawayo City’s budget was approved on 3 August 2016 but had been submitted for approval in November 2015. The Council complained that the Ministry of Local Government, Public Works and
National Housing’s demands for budget representation kept changing. The Committee was told that the current budget was not approved because the Ministry instructed the Council to revise the salaries of workers in May 2016, seven months after the budget was submitted and it took the Ministry another three months to approve the budget.
The Committee was informed that Bulawayo City paid $205 000 to
Axis Medical Cooperative Pvt. Ltd. for the purchase of four ambulances in 2010. When the company failed to deliver the ambulances, Bulawayo City sued it and got a judgment. However Bulawayo City failed to enforce the judgment because they could not locate the company. Bulawayo City contracted a Harare tracing company but the tracers also failed to locate the company. The matter had since been reported to police.
LUPANE TOWN COUNCIL
The Committee visited Lupane Town Council on 16 May 2016. The Committee was informed that Lupane Town Council was originally a growth point, became a local board and then a town council in 2009. Lupane Town Council has a road network of 33 kilometres, of which 5 km is gravel and the rest is earth roads. The Committee was informed that the town’s sandy Kalahari terrain presents a serious challenge in terms of service delivery. The Council’s strategy is to ensure that the town centre is accessible by maintaining the road network to an acceptable and satisfactory standard.
Lupane Town Council has an area that covers 23 520 000 square metres which is not title surveyed. Some properties have no title deeds and this does not only disadvantage the Council in the form of revenue loss from the sale of developed properties but also private owners who cannot use their properties as collateral security when seeking loans.
The Committee was informed that the water supply system in Lupane was not only erratic but very unreliable and cannot sustain the growing population. Water is currently supplied by Zimbabwe National Water Authority (ZINWA) from two old systems which are prone to frequent breakdowns. The Town Secretary was concerned that once the construction of Lupane State University and the Government Composite Offices were complete, the Town would experience serious water shortages.
The Committee was informed that a dam was constructed with a capacity of over 400 million cubic litres and what remained were the construction of infrastructure for the pump house and purification works. The project was said to be progressing at a slow pace due to financial constraints. The Committee was informed that due to the current set up where ZINWA is responsible for the town’s water supply, the town has no sewer system. The town had septic tanks and soak-aways even in high density areas. There is no sewer reticulation system and poor water reticulation as the town uses borehole water. The Committee was further informed that this poses a challenge in that the town has no honeysucker to service the system. The current sewer system is inadequate in the face of growth projections of the town.
Lupane Town Council has no proper landfill site for the disposal and management of solid waste. The Committee was informed that a site was identified and approved by Environmental Management Agency (EMA) for the construction of a landfill but the Environmental Guiding
Services that was engaged to do the appropriate Environmental Impact
Assessment (EIA) unfortunately did not meet EMA’s standards.
The Town also faces a challenge of lagging in terms of computerisation. The town has no street lights and this poses a security risk to residents.
Lupane Town Council has no proper offices, no equipment and machinery to offer meaningful service delivery.
Lupane Town Council complained that its revenue flow was very low because residents were not paying rates. Most of them are unemployed, while a few are into informal trading. They pointed out that there is potential investments in timber and methane gas.
HWANGE LOCAL BOARD
The Committee was informed that Hwange Local Board is different from other councils because after the Constitution of
Zimbabwe Amendment No. 19, Hwange Local Board boundaries were extended, resulting in an additional eight concession wards, Hwange Council requested that the eight wards in Hwange Colliery Concession be incorporated into the Council’s jurisdiction because at the time of the
Committee’s visit the eight wards were not contributing any revenue to the Hwange Local Board. Although the eight councilors were elected, their wards are run by Hwange Colliery. The councillors from the eight concessions are remunerated from the small revenue coming from the seven wards under the Hwange Local Board’s jurisdiction.
Hwange Local Board also informed the Committee that many properties which can earn revenue through rentals are in the concession area, resulting in the Council not generating income from them. Council had proposed to the parent Ministry that Hwange Local Board be upgraded into a town or a municipality and was still waiting for the approval.
The Committee was informed that a larger part of the properties which can be rented out belong to Zimbabwe Power Company (ZPC). Council feared that if ZPC faces operational challenges, automatically Hwange Local Board will suffer in terms of revenue collection. Another issue which negatively affected revenue collection was that when Government cancelled debts that residents owed, they stopped paying rent after that and those who used to pay stopped paying.
Since the reversal of control of water and sewer from ZINWA to local authorities, Hwange Local Board up to date does not have control of water and sewer reticulation. ZINWA refused to hand over the treatment of water and sewer. Some local authorities generate revenue from water. The Committee was informed that water and sewer treatment plants were not functioning because ZINWA could not manage the maintenance works.
The major challenge is that ZINWA is still running the water infrastructure which belongs to council. The Committee was informed that Hwange Local Board approached ZINWA in September 2010 in an effort to take over water reticulation system but they refused. The water and sewer plants have been down for the past eight years and it is difficult to treat sewer when there is no water. The Local Board’s raw sewage is disposed into the stream which is a health hazard. Hwange Council has made its own efforts to engage the parent Ministry to get funding from PSIP to resuscitate the plant. The Committee was informed that the Board received $300 000 through PISP to rehabilitate Baobab plant. The Local Board wants ZINWA to hand over the treatment of water and sewer back to enable Council to offer good service delivery to residents and for Council to realise profit from the water account.
The water account which is still being managed by ZINWA resulted in a loss of $2 million per annum. Also the non-functional sewer plants resulted in pollution of water bodies and EMA fines Hwange Council $3000 per quarter since 2015 for pollution and had been fined five times. They argued that ZINWA was supposed to be fined since it controls water and sewer treatment plants.
The Council came up with a low income housing scheme of 2 000 stands. The arrangement was that people pay US$50 per month towards acquisition of a stand. Once they have paid up to 50% of the total price of the stand, they are allowed to move on site and start developing. The Committee was informed that the scheme was working well but sometimes people fail to pay the US$50.
The Committee learnt that through its own resources, Hwange Local Board procured a new refuse compactor from India. The Board was also happy to report that a state of the art clinic was under construction and was at 80% completion and this project was funded from its own resources.
The local board complained that the budget for 2016 had not yet been approved and wondered why the Ministry was taking too long to approve it. They argued that by the time the budget is approved, council will not have much use for it.
The Committee learnt that the council had eight months’ salary arrears. It pointed out that council was finding it difficult to adhere to the 30/70% ratio because revenue collection was low. The council was not up to date with statutory obligations.
BINGA RURAL DISTRICT COUNCIL
Binga Rural District Council has a total of 123 primary and 39 secondary schools. Out of these, 63 are satellite primary schools and 25 satellite secondary schools. The satellite schools do not have proper infrastructure in terms of classrooms and teachers’ accommodation. This was said to be a challenge to the district as qualified teachers were not willing to take up posts in Hwange. Another problem that was pointed out was the lack of science laboratories in most of the secondary schools, making it hard to effectively teach science subjects.
The Committee was also informed that there was need for more health clinics in Binga District so that each ward has a clinic in order to reduce the distance travelled to and from health institutions. It was also pointed out that Siabuwa and Kariangwe Mission Hospitals needed resident doctors because the distance travelled to the Government
District Hospital was too long. Binga’s health institutions in rural areas were not manned by state registered nurses which poses a risk to patients, because they do not hold requisite qualifications. Binga Rural District Council needed more ambulances since it had only one ambulance which was sourced through a Danish donor.
Binga Rural District Council faced challenges in the provision of portable water. Some wards were said to have a very low water table which makes it difficult to sink boreholes. The Committee was informed that ZINWA needed to improve its water reticulation system at Binga Centre because when electricity outages are experienced, the system stops. This means that residents go without water for long periods of time.
Binga Rural District has a total of 968 km of road network to superintend. The Committee was informed that council had completed a total of 117 km of motorised grading within and outside Binga Town
Centre since the beginning of the year. Council managed to maintain 5.5 km of road and intended to tar the bus terminus and 2 km access roads at Binga Centre from ZINARA funds.
The council reported that the motorised grader was constantly breaking down and this was retarding progress in the maintenance of targeted roads. Binga RDC suggested that Siabuwa Road be rehabilitated so that the sections that are gravel be tarred. It was proposed that Government should consider rehabilitation of the HarareKaroi-Binga-Victoria Falls Road which would save travellers 300 km compared to the Harare-Bulawayo-Victoria Falls Road. Some benefits will accrue from the rehabilitation of this road, such as tourists travelling to Victoria Falls, Mana Pools and fisheries at Binga, coal mining and tobacco farmers. Easy transportation of goods will reduce costs.
The Committee was also informed that Binga Rural District Council lacked resources for pegging of schools and therefore, most schools remained unpegged and unregistered as examination centres.
Councillors complained about their welfare as they travelled long distances to attend council meetings, without provision for transport, food and accommodation. Their travel and subsistence allowances need approval from the Ministry and it always takes a long time to approve. Councillors also complained that the Procurement Committee was given to management resulting in councillors not knowing what had been purchased. They also complained that they were not signatories to issues of finance and management of finances was left to management only. They said this makes it very difficult for councillors to detect if there is any misuse of funds.
UMGUZA RURAL DISTRICT COUNCIL
Umguza Rural District Council has seven clinics, one of which is a mobile centre. The medical staff is paid by Central Government and council provides a supporting grant.
The district has a total road network of 1071 km, 77.6 km being surfaced roads, 120 km gravel roads and the rest being earth roads. Since the beginning of 2016, Umguza Council graded a total of 150 km using disbursements from ZINARA and own funds. The council was also able to undertake bush clearing, pothole patching and grading.
The Committee was informed that council was in the process of rehabilitating and upgrading Nyamandlovu sewer reticulation and construction of sewer ponds.
Umguza was faced with a problem of illegal occupation of stands at Rangemore suburb. The Committee learnt that Rangemore is a suburb under Umguza Rural District Council and is privately owned. There are 2000 stands which were sold by a private developer. The developer however, did not finish the servicing of these stands but beneficiaries settled there. The Committee was informed that Umguza Council was in the process of trying to regularise the situation and plans are under way to provide water and sewer systems. Umguza advertised in January 2016 that no developments should be done without a certificate of compliance. Umguza RDC complained that residents of Rangemore demanded servicing of stands by council but, money was paid to a private developer who did not provide the services required. Council will only benefit from rates paid by residents after regularising the situation.
Umguza Rural District Council pointed out that the takeover of unit tax collection from resettlements and farmers from local authorities to the Ministry of Lands and Rural Resettlement has affected the ever dwindling financial resource base. They complained that the move had further affected the provision of infrastructure and services to resettlement areas and farms.
Umguza RDC informed the Committee that residents were not paying their dues in anticipation of another write off of debts. To worsen the situation, the Ministry of Local Government, Public Works and National Housing had prohibited the use of debt collectors, rendering local authorities toothless.
Umguza complained that EMA was not helping with the preservation of the environment as expected, but only became visible when there was need to fine environmental offenders. Council said that there was no ploughing back to the community from the fines collected.
GWANDA LOCAL BOARD
Gwanda Municipal Council informed the Committee that purchasing treated water from ZINWA was very expensive, 81 cents per cubic litre. Gwanda Municipal Council complained that ZINWA was not willing to hand over the water treatment plant. Gwanda Council owed ZINWA $9 million. The Committee was informed that some of the maintenance of water treatment plant was being done by Gwanda Municipal Council but this did not deter ZINWA’s high charges, council then sells water to residents at 84 cents per cubic metre. Gwanda Municipal Council said it was losing a lot of potential revenue from water. The council appealed to the Committee that the control of water be handed over to local authorities because the cost of water by ZINWA makes it difficult for council to provide adequate and affordable water to residents.
It was pointed out that Gwanda Municipality only gets cash from residents because other payments from government departments were through debt swop and this was said to impact negatively on service delivery. It was proposed that the ideal situation would be to get a debt swop and also be given some cash so that the cash goes towards ZINWA for water payment. They argued that as long as council depends on what the residents were paying and not getting anything from the Government departments, it will not be able to supply adequate water and it will continue to owe ZINWA millions of dollars.
The council has a backlog of salary arrears of six months. Gwanda Municipal Council informed the Committee that it was not able to adhere to the 30/70 ratio in the current prevailing economic situation. They complained that revenue collection was not adequate to meet the required services. The Committee was informed that in the past, water account used be a cash cow account for local authorities and for some councils who control their water, it was still a cash cow.
Gwanda Municipal Council informed the Committee that it had a challenge of staff shortage. The council pointed out that the parent Ministry has to be consulted before employing any personnel.
It was pointed out that gold panning was posing a threat as it was causing blockage of sewer pipes. They also complained that by-laws were taking too long to be approved and also that the State Procurement Board was taking too much time to award tenders resulting in delays in service delivery.
BEITBRIDGE TOWN COUNCIL
Beitbridge Town has an excellent supply of water from the
Limpopo River. During dry seasons, Zhovhe Dam supplies water to Beitbridge Town. The Committee was informed that the current treatment plant has a capacity to treat 5000 cubic meters of raw water per day against a demand of 15000 cubic litres a day. Treatment works need to be upgraded so that it can meet the town’s demand. The other treatment plant was completed ten years ago but has not been commissioned because there is a $1.6 million dollars which has to be paid to the contractor. The Committee was informed that the plant is already depleting before it is used.
Beitbridge Town Council is one of the few councils that has its water supplied by ZINWA. The Committee was informed that ZINWA supplies council with treated water then council distributes the treated water to the residence. Beitbridge Council complained that ZINWA’s water charges were very high. As at 24 May 2016, Beitbridge Council owed ZINWA $12 million and an interest of $4.3 million charged on the amount owed. The Committee was informed that when Government cancelled debts in 2013 from residents, ZINWA did not cancel the debt from councils. ZINWA charges 92 cents per cubic litre for its water. The council wants to take over water treatment from ZINWA. They argued that there is no reason to have water problems or to have it at a high cost considering the vicinity of the Limpopo River to the town.
The Committee was disturbed to hear that ZINWA was rationing water when Limpopo River is still with adequate water to supply the town. ZINWA decided to ration water because Beitbridge Town Council was unable to pay a monthly installment of $70 000 towards the $12 million debt owed to ZINWA. Beitbridge Council was not satisfied that it can owe ZINWA such a huge amount considering that the source of water was nearby.
In terms of revenue collection, Beitbridge Town Council felt that ZIMRA should allocate a certain percentage to the council from the revenue collected at Beitbridge Border Post. The council pointed out that they are the ones who offer service to people who use the border and they need resources to collect litter along the highways.
The Committee was informed that the council’s landfill was not compliant with EMA requirements and had identified a new site. It seems all local authorities visited were having challenges in complying with the landfill requirements and wonders why EMA was not coming up with a standard requirement of a landfill and give it to local authorities. The Committee wonders if EMA was deliberately avoiding outlining the requirements of a landfill so that it keeps getting punitive fines. The Committee was informed that EMA fines them every quarter.
What was disturbing was that EMA charges $200 per quarter as inspection fees and a fine of $3000 per quarter if found not complying.
The council complained that it had only one refuse compactor and two tractors to collect refuse. They said the refuse vehicles were not enough considering that they collect refuse within the town and for those in transit who litter along the highway.
Beitbridge Council also complained that some rate payers were not paying their dues.
CHIREDZI TOWN COUNCIL
The Committee held a meeting with management and council of Chiredzi and also a public hearing with members of the public on the overall state of service delivery by Chiredzi Town Council. Chiredzi Council informed the Committee that it managed to upgrade its water treatment plant capacity from 4 mega litres a day to 10 mega litres a day. The Committee was informed that there was need to expand the water treatment plant from its current 10 mega litres a day to 15 mega litres and that works were being done. Currently, the town was not getting water twenty four hours and the expansion of the water treatment will increase the town’s water supply.
The council complained that there was high non revenue water due to poor design system. A lot of water was lost through leakages resulting in revenue loss. The Committee was informed that half of the water distributed cannot be accounted for. The assumption was that lack of infrastructural maintenance and non functional metres can be contributing to non revenue water.
Chiredzi Town Council’s water is supplied by ZINWA. Council was not happy that ZINWA supplies water citing that the water was expensive. ZINWA provides 15 mega litres of water a day and charges for that amount whether the water has been consumed or not. Council is responsible for treating the water. Council said ZINWA charges $4000 per month for raw water then council charges 30 cents for high, 50 cents medium and 70 cents for low density areas. Chiredzi Town Council also complained that when Government cancelled debts in 2013, ZINWA did not cancel the debts. The high amounts owed to ZINWA are also as a result of the write offs that were given to residents but were not cancelled with ZINWA. ZINWA has taken Chiredzi Town Council to court and council said they offered ZINWA stands as a settlement.
The Committee was informed that there was need for a new sewerage treatment and reticulation plant for new suburbs. Sewer ponds and sewer pipes needed upgrading as the systems were old and cannot cope with the growing population.
Chiredzi Council also reported that there was no land for a proper land fill. Like other local authorities, they complained that EMA was there to collect fines and penalties instead of making a contribution to the community from funds collected.
Chiredzi Council informed the Committee that it applied for 600 hactares of land from the Ministry of Lands through its parent Ministry in 2006 for expansion of the town but until now, no land was allocated to them.
Chiredzi Council also complained that the 2016 budget was not approved. The Committee noted that most local authorities had submitted their budgets but complained that the Ministry was taking too long to approve the budgets. Also, that the approving of by-laws was taking ages was also raised.
Council complained that residents associations were misleading residents by influencing them not to pay rates citing that the money they pay were being misused.
Public hearing in Chiredzi
Members of the public complained that council management and councillors were abusing council properties. It was alleged that rate payers were reluctant to pay their dues because of corruption at Chiredzi Town Council. Members of the public complained that there were no waiting rooms and clock rooms at ranks. They argued that people need benches and shades where they can sit while waiting to board buses.
Residents complained that when the current councillors took offices they came up with a new waiting list. They alleged that the old waiting list was manipulated so that those who were not on the waiting list can benefit. Councillors were accused of allocating each other stands through relatives.
Residents complained bitterly about the poor service delivery offered by their local authority. They were not happy about water supply, state of road network and lack of affordable residential stands. The residents also alleged corruption and mismanagement of rate payer’s funds by the management and council. They felt that resources were used to buy luxury vehicles instead of being channeled to service delivery.
Residents also complained that they are not consulted on issues to do with council, for example during budget formulation and that they do not have access to council minutes and are denied to observe council meetings.
Some members of the public said the council was trying its best but lack of funding from Government was the problem. Lacking of funding has resulted in poor road network and poor service delivery.
Some residents said they benefitted stands through the current council which was never the case before.
Masvingo Town Council
Masvingo Town Council has a capacity to supply 30 mega litres of water a day against a demand of 48 mega litres. The Committee was informed that because of poor 2016 rain season, water shortages will increase. Masvingo Town Council’s sewer treatment works has a capacity to treat 21 mega litres per day and meet the town’s demand. Masvingo Town Council however indicated that there was need to upgrade the current waste treatment works to meet the town’s projected waste water generation. A cost of $US 73 million is needed for the project. The Committee was informed that the water and waste water plants were recently rehabilitated through the Zimbabwe Multi Donor Trust Fund Urgent Water and Sanitation rehabilitation programme at a cost of US$ 4.5 million and $1.5 million from UNICEF.
The Committee was informed that because of limited resources to maintain its road network, the City of Masvingo introduced a Roads Levy in 2015 which was used towards maintaining some of the roads. The city said it would require $25 million to revamp the entire road network. The city was able to reseal a total of 2.8 km out of a planned 5.5 km. ZINARA had allocated Masvingo Town a total of $345 000 for 2015 but $172 000 was disbursed.
Masvingo City told the Committee that it was owed $36 million as at 30 April 2016 of which $19.7 million is from ZRP, Army, Zimbabwe Prison Services, Parastatals, Schools and Ministry of Health and Child Care. The Committee was informed that Government made efforts to swop council debt by offsetting what it owes ZIMRA. It was pointed out that non-payment of institutional debt has negatively affected service delivery and leaving residents to carry the burden of funding service delivery.
The Committee was informed that the City of Masvingo was embroiled in a labour dispute currently pending before the courts of law and had grossly affected service delivery since most of council’s equipment was attached by the Deputy Sheriff.
Masvingo City complained that the decision to appoint ZINARA to collect licensing fees was negatively affecting local authorities’ revenue base and capacity to maintain the road infrastructure which was traditionally financed through vehicle licensing fees. The need for urgent alignment of the Urban Council Act to the Constitution was raised.
Masvingo Public Hearing
Vendors complained that they were made to pay for market stalls which were not properly constructed and were covered by plastics. These makeshift markets were not clean and few vendors use them opting to go back in the streets where people come to buy. The market stalls which vendors were forced to use were said to be dirty and people were not willing to buy things from there.
Commuter omnibus operators also complained that they approached the city so many times asking them to provide ranks. The Committee was told that no rank facilities were provided by City of Masvingo but commuter omnibus operators get arrested for picking and dropping passengers from undesignated places.
Residents complained that service delivery was affected by Government departments who were not paying for their bills. They also complained that the Central Government was intervening a lot in council management instead of leaving councillors and management to do their work.
Residents also complained that the labour dispute between council and its workers was affecting service delivery as council resources were being spent on legal costs instead of service delivery. Management was accused of giving itself pay rise and nothing for junior employees and this was attributed to the labour dispute.
Residents accused councillors and management of abusing council resources for their personal benefits instead of offering service delivery.
They were accused of buying expensive vehicles for themselves. Councillors were accused of not fulfilling the promises they made to people during campaigning and urged Government to come up with a law that allows residents to call back those who do not perform their duty to the satisfaction of those who voted them into office.
Residents demanded that council must be transparent and accountable in terms of managing rate payers’ money. They said they have a right to know how council works and should be involved in budget consultation. Residents’ involvement in budget consultation and feed backs from council will motivate residents to pay if they know what the money they pay is used for.
Committee Observations
Chitungwiza Council
The Committee observed that most local authorities were struggling to pay their workers as evidenced by salary arrears. The
Committee urges the Ministry of Local Government, Public Works and National to intervene so that a payment plan can be put in place for those in employment and a once off payment for those who were retrenched.
The Committee also noted the need for regularisation of illegal settlements in Chitungwiza and Umguza’s Rangemore suburb as a way of increasing revenue base.
The Ministries of Lands and Rural Resettlements and Local Government, Public Works and National Housing must solve the problem of A2 farmers, peri-urban farmers and residents of Nyatsime who are fighting for the same land in Chitungwiza.
The Committee is concerned that there is a potential health hazard at Nyatsime in Chitungwiza and Rangemore in Umguza settlements because beneficiaries settled where there is no water and sewer reticulation system.
The Committee noted the need for local authorities to have competent and qualified Town Planners, especially Chitungwiza Town Council where council also allocated stands on wetlands.
Bulawayo City has a reservoir that has a capacity to hold water for ten days in case of a breakdown of pumps unlike in Harare where the city goes for days without water whenever there are maintenance works.
The Committee also noted that Bulawayo City’s water purification process is of high standard and the two water treat plants were clean and reflects good management practice.
The Committee, however, observed that Esigodini Shopping Mall in Bulawayo was taking long to be constructed and urge the council to give priority to the project.
The Committee also observed that Government rushed to make Lupane a town without considering all the necessary capital requirements that are involved. There is need for a substantial capital injection if Lupane is to attain the town status. The few resources that were injected in building Government complexes and Lupane University might come to waste if Government does not urgently come up with a solution to Lupane Town Council. The Committee urges Government to come up with plans on how it wants Lupane to grow, possibly to bring in private partners.
There is need for Government to look for Private Public Partners to develop Lupane Town. The Committee also noted that there are potential investments in methane gas and timber in Lupane. These can be exploited to improve the area.
Water and sewer reticulation system should be of top priority if the Lupane Council is to attain its status as a town and not the use of blair toilets.
The issue of Hwange Local Board not having control over the eight concession wards under Hwange Colliery should be solved since the councillors from the Concession wards are benefitting from the limited resources from the local board.
The Committee noted that the issue of ZINWA managing the water and sewer reticulation but failing to maintain the system should be looked into. The ideal situation is to have all local authorities manage the sewer and water reticulation system. ZINWA should supply raw water to local authorities at a reasonable price so that local authorities are able to supply water to residents at a cheaper price.
The Committee also observed that the issue of EMA charging punitive fines and fees for not compiling to unspecified standard requirements of a land fill was not fair to local authorities. EMA should come up with what is required for a land fill. EMA must also plough back the money they collect from local authorities as fines and fees to the development of the communities.
The Committee urges Government to look into the issue that
ZINWA did not write off the 2013 debts that were written off by Government but instead charged local authorities and this has resulted in local authorities owing ZINWA millions of dollars.
The Committee observed that Binga’s sewer treatment plant was too close to the dam that supplies water and chances of underground water pollution are high.
The issue of local authorities’ budgets and by-laws not approved in time was affecting most local authorities. The Ministry of Local Government, Public Works and National Housing should approve the budgets in time and if there are issues that need to be solved before approval, that process should be done expeditiously.
The Committee noted the need for Government to consider rehabilitation of the Harare-Karoi-Binga-Victoria Falls Road which will save 300 km compared to the Harare-Bulawayo-Victoria Falls Road.
Some benefits will accrue with the rehabilitation of this road like tourists travelling to Victoria Falls, Mana Pools and fisheries at Binga, coal mining and tobacco farmers. Easy transportation of goods will reduce costs.
The issue of illegal settlements at Rangemore suburb should be solved or regularised so that Umguza RDC can collect revenue from residents which has about 2000 stands. There is a potential of outbreak of disease because there is no water and sewer reticulation system.
Bulawayo City should supply water to Rangemore Suburb and Government should also consider finalising the Zambezi Water Project so that Bulawayo City is able to supply adequate water to the surrounding areas.
The Committee noted that Gwanda Town Council’s water system was also controlled by ZINWA resulting in water being expensive and inadequate.
There is need for Beitbridge’s new water treatment plant to be commissioned by paying the outstanding $1.6 million in order to improve water supply to residents.
The Committee noted the need for ZIMRA to contribute a percentage of the revenue collected from travellers at the border so that the money can be used for refuse collection and also to pick litter along the highway by Beitbridge Town Council.
There is need for Beitbridge Town Council to provide a public toilet at the rank that is currently being used and the area also needs to be paved-tarred.
The Committee noted that Masvingo Council’s service delivery was affected by the labour dispute between management and staff. The service delivery vehicles that were attached were dilapidated and this was also affecting service delivery.
Recommendations
The Committee therefore recommends the following:-
That the A2 offer letters issued by Ministry of Lands and Rural Resettlement should be revoked and allow the people who legitimately bought stands from Chitungwiza Council to occupy the Nyatsime area by 31 March 2017.
If permits for peri-urban farmers were issued they should also be revoked by the Ministry of Lands and Rural Resettlement and Braemar and Longlands farms be handed over to Chitungwiza Council so that the two farms can be allocated to those people who paid for stands in 2007, those who have bought land from land barons and are illegally settled in wetlands and along streams by 31 March 2017.
In view of the audit report produced, Chitungwiza Municipality and the Ministry of Local Government, Public Works and National Housing should come up with a way forward to solve the problems of illegal settlement caused by land barons and action should be taken by 31 March 2017.
All local authorities should be responsible for controlling water and sewer reticulation systems and ZINWA’s role should be to supply raw water by 31 March 2017.
EMA’s fines are too punitive and fees are too high and EMA must contribute towards the development of the communities from the funds they collect and consider reviewing the fines and levies downwards by 31 March 2017.
EMA should come up with the requirements of a landfill that should be used by local authorities by 31 March 2017.
Councils are failing to meet the 30/70% ratio; therefore, the Ministry of Local Government, Public Works and National Housing should consider reviewing the ratio so that it becomes practical by 31 March 2017.
The Government should pay its dues to local authorities to enable them to perform their functions by 31 March 2017.
Government must pay the outstanding of $1.6 to the contractor to enable the commissioning of the Beitbridge Town Council’s water plant that was completed ten years by 31 March 2017.
Land developers should be involved in servicing of land and development off-site infrastructure then hand over the projects to local authorities for selling of the stands by 31 March 2017.
That a certain percentage of revenue collected by ZIMRA from Beitbridge Border Post should be given to Beitbridge Town Council for service delivery. This policy should be applied to all other border posts by 31 March 2017.
That the eight wards in Hwange Colliery Concession be incorporated into the Hwange Local Board and the eight wards must contribute revenue to the board by 31 March 2017.
The policy of Public Private Partnerships should vigorously be pursued by all local authorities in order to improve on service delivery by 31 March 2017.
Local authorities must consult residents in all programmes to do with service delivery, for example vending sites and ranks by 31 March, 2017.
Finally, the Ministry of Local Government, Public Works and National
Housing should approve local authorities’ budgets before the commencement of the next financial year and also approve the by-laws submitted within a period of two months. I thank you.
HON. RUNGANI: I move that the debate do now adjourn.
HON. NDUNA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 6th April, 2017.
On the motion of HON. RUNGANI seconded by HON. NDUNA,
the House adjourned at Three Minutes past Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 25th March, 2021
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY PRESIDENT OF SENATE
CHANGES TO THE OPENING PRAYER
THE HON. DEPUTY PRESIDENT OF SENATE: I have to inform the Senate that the Committee on Standing Rules and Orders has approved changes to the prayer wherein the word “man” has been replaced by a gender sensitive word “humankind.”
APOLOGIES RECEIVED FROM MINISTERS
THE HON. DEPUTY PRESIDENT OF SENATE: Today is Thursday and we have the opportunity to pose questions to Hon. Ministers. I do have a list here of Ministers who have tendered their apologies. The following Ministers have sent in apologies:
The Minister of Public Service, Labour and Social Welfare, Hon. Mavima; The Hon. Vice President and Minister of Health and Child Care, Hon. Dr. Chiwenga; The Minister of Primary and Secondary Education, Hon. Mathema; The Minister of Environment, Climate Change, Tourism and Hospitality Industry, Hon. M. Ndlovu; The Minister of Industry and Commerce, Hon. Dr. Kanhutu-Nzenza; The Minister of Local Government and Public Works, Hon. J. Moyo; The Minister of Foreign Affairs and International Trade, Hon. Shava; The Minister of Home Affairs and Cultural Heritage, Hon. Kazembe; The Minister of Mines and Mining Development, Hon. Chitando; and The Deputy Minister of Home Affairs and Cultural Heritage, Hon. Maboyi – Ncube.
Present here, we have Hon. Sen. Mutsvangwa, the Leader of the Senate and Minister of Information, Publicity and Broadcasting Services; The Minister of Transport and Infrastructural Development, Hon. Mhona; The Deputy Minister of Mines and Mining Development, Hon. Kambamura; The Deputy Minister of Higher and Tertiary Education, Innovation, Science and Technology Development, Hon. Machingura; The Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi; and The Minister of State for Mashonaland East Province, Hon. Sen. Munzverengwi.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. DR. MAVETERA: Thank you Mr. President Sir. My question goes to the Leader of Government Business. I think in December, we had a spate of movement of people during the festive season, which actually was one of the reasons why we had an upsurge of COVID in the country. What is the Government policy with regards to the oncoming Easter Holidays in order to curtail the movement of the population and ensure that citizens abide by the COVID regulations to avoid a repeat of what befell the nation over the Christmas Holidays? Thank you Mr. President.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): Thank you Mr. President. I would want to thank Hon. Sen. Dr. Mavetera for that question which concerns the health of the nation. I think this is very close to the heart of Government and what has been done in terms of protocols put together for the prevention and precautionary measures to avoid virus. It shows that as Government, we would not leave any stone unturned, in terms of making sure that our people adhere to those measures.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Minister, you are not connected.
HON. SEN. MUTSVANGWA: Thank you Mr. President. The Hon. Member mentioned that there was an upsurge in December – January and we know as a nation that we had a tragedy in January and certainly, the Government is doing all it can to make sure that we avoid a recurrence of December upsurge, if ever there is another third wave. A lot of efforts have been put in terms of making sure that people adhere to the precautionary and preventative measures which have been put in place by Government and also by the World Health Organisation (WHO).
Our security agencies are on it to make sure that there will not be any gatherings bigger than the 50 which is allowed according to the review which was done by the President. If it is a church gathering, they should not be more than 50. There will be security agencies to make sure that people actually comply. The issue of compliance has been a serious problem.
As the Ministry of Information, Publicity and Broadcasting Services, we have also upped our game. We have got outdoor vans moving around in all the high density areas and provinces to make sure that our people comply to the protocols of COVID-19. The borders, as you are aware are still not open to everybody, except for Zimbabwe returnees because we cannot really say to a Zimbabwean that you cannot come back to your country. Certainly, all the security agents will be out on full force to make sure that people are adhering to the precautionary and preventative measures which have been put in place by Government and World Health Organisation. The police and our security agencies are on it to make sure that therey will not be any gatherings bigger than the 50 which is allowed, according to the relaxation which was the review which was done by the President.
There are no gatherings, and if it is church gatherings, they should not be more than 50 and there will be security agencies to make sure that people comply. The issue of compliance has been a serious problem and as you can see as Ministry of Information, Publicity and Broadcasting Services. We have also upped our game; we have got even outdoor vehicles moving around in all the high density areas even in the provinces to make sure that our people comply to the protocol of COVID-19.
The borders as you are aware, they are still not open to everyone, except you know that even during the lockdown the borders were always open for Zimbabwe returnees because you cannot really say no that a Zimbabwean cannot come back to their country. Certainly there will be all the security agencies in full force to make sure that people are adhering to the protocol, especially social distancing. In churches we are allowing gatherings of up to 50; it calls for social distances, washing hands and sanitisation even at funerals. So we are saying to the people of Zimbabwe let us continue to adhere to these COVID-19 protocols, this will save our lives and our loved ones lives and we will be able to contain this pandemic especially with the roll out of vaccines that could actually give this country a plus in terms of containing COVID-19. So a lot of work through the inter-ministerial task force on COVID-19 is being done and to make sure that our security forces the police and everyone else will be actually out there to make sure that people comply. I thank you.
HON. SEN. DR. MAVETERA: My supplementary is we all know as a nation that one of the problems which caused all this was the Beitbridge border post. In December, there were rumours that there were fake COVID-19 certificates which were being used by our local Zimbabweans when coming back. So, what mechanisms has the Government put in place to ensure that we are not going to have the same problem which was actually the trigger of the upsurge of COVID-19 during the last festive season. I thank you.
HON. SEN. MUTSVANGA: Thank you Mr. President. I want to thank the Hon. Senator for that question. Yes, in terms of Beitbridge problems, we are all aware of what happened and certainly you are right it was part of the triggers of the upsurge of what we saw in January and December. When I answered, I said there is a lot of work which is being done by our security agencies to make sure that the problem will not recur. The Ministry of Health is involved in making sure that the COVID-19 negative certificate which will be presented are not fake but real, they have put everything in order. I thank you.
HON. SEN. KOMICHI: Thank you very much Mr. President, with the threat of the third wave of COVID-19, looking at our current policy which says vaccination is not compulsory, with such a vicious anti-vaccination campaign in the world, what is the Government’s plans to ensure that everyone gets vaccinated. Chances are that we are likely to have more people who will remain unvaccinated because of the anti-vaccination campaign.
HON. SEN. MUTSVANGWA: Thank you Mr. President, I am not sure if that is a supplementary but I am very happy to answer. I want to thank the Hon. Senator for that question, I must say as leaders of this Government, it is our job to make sure we continue to make our people understand the benefits of being vaccinated. Vaccination so far since the roll out in February is ongoing very well and just yesterday, our head of State and President of this country actually launched the second phase of vaccination in Victoria Falls and this was obviously done for the fact that we want to open up Victoria Falls to tourism, considering how much we have been losing in that industry for a long time now.
I want to say we will be vaccinating not the whole population, I think we are about between 15 to 17 million but we are looking at vaccinating 60% of the population which is about 10 million people. Yes, you are right that is a lot and that will give us what is called herd immunity. We are making sure that the message that should go out there is for the benefits of vaccination. We should be as leaders together with Government work towards making people understand the importance of being vaccinated. We are happy and proud to have a President like Cde. E. D. Mnangagwa who has actually gone very quickly in terms of making sure that the Government procure those vaccinations. They are here now, they are free of charge, you do not pay anything and that vaccination will protect you. So, we continue to move around with this message and we upped our game even as the Ministry of Information, Publicity and Broadcasting Service, you can see each time when you open your television, all we are talking about is pushing on the issue of vaccination.
It will obviously come to a point where you will not be able to enter certain places if you are not vaccinated. So, it is very critical for all Zimbabweans to take an opportunity to get vaccinated, some countries up to date they have not received vaccination. As a country, we are actually top of the five in the whole of Africa who have vaccinations and the roll-out have been done. So we should be proud of what our Government is doing for us. We have already started hearing stories like certain airlines will not allow you to get on the plane without a vaccination certificate. Soon you may hear that you cannot get into the bus because you will be a danger to those who are next to you. You cannot get into ZUPCO. We have tried, our President is the face of the campaign of vaccination, he has been vaccinated and as Ministry of Publicity we made sure that he talks to the people of this country. I myself as Minister when I got vaccinated I did not do it secretly I did it publicity and I made it a point that people must actually see the needle going through and see that I stand up and continue to do my work and up to today I am still doing my work, there are no reactions. These vaccines are safe and we continue to tell the people of this country, let us go and get vaccinated. I thank you.
HON. SEN. TONGOGARA: Thank you Mr. President I will direct my question to the Leader of the Government Business because the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement is not in. The agriculture recovery plan looks at programmes such as Intwasa and Pfumvudza. The programme has three mandates; ending hunger, income generation programmes and value addition at household level. Could the Hon. Minister inform us how far they have gone with the value addition and household level and how much do people know about it and their participation?
THE MINISTER OF THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): Thank you Mr. President. I want to thank Hon. Sen. Tongogara for that very important question. Government has found it important because they value the welfare of our people in this country. When we are looking at the welfare of our people, we look at food security and I think the Pfumvudza is one of those very intelligent smart ways of dealing with climate proof agriculture. We know that for the last five years, the rainfall pattern in this country has not been good. By coming up with that climate proof programme, it will certainly take us far in terms of food security.
We know that if there is food security in a country there is stability and economic growth. We certainly want value addition because there are certain crops which you can only get once a year and we need to value add on those ones so that we can keep some. The Ministry of Women’s Affairs, Community, Small and Medium Entreprises Development are already on it teaching women to be able to make sure that they dry their fruits and vegetables so that families can continue to have vegetables even well after the rains are gone.
There is a lot of investment which is being done especially with horticulture promotion which is happening in every community and the irrigation which is being put in every community to make sure that community gardens are there so that we can avert hunger and food security will never be a problem in our country. There are a lot programmes which are on board and the Ministry of Agriculture is working with other ministries to make sure that families can have enough food even when rains are gone. A lot more needs to be done at community level such as extraction of juice from fruits. We cannot continue to import mango juice when we do have those fruits in our country. There is a lot of effort which is being done and that brings together the Ministry of Agriculture, Ministry of Industry and Ministry of SMEs because that will take this country to another level once we concentrate on value addition.
HON SEN. KAMBIZI: The Government through previous sporting ministries identified sport centres of excellence at district, provincial and national levels. At the moment, that initiative has remained dormant and silent. Those sport centres have remained idle today despite having a fully staffed Ministry that is assisted by its implementing arm, the Sports and Recreation Commission. What is Government policy with regards to these sports centres of excellence with a view of bringing these sports centres to life? I thank you.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON SEN. MUTSVANGWA): I want to thank Hon. Sen. Kambizi for that question. The issue that I am going to deal with here is on Government’s policy when it comes to these sport centres of excellence. The policy of Government is to make sure that when it comes to sports in this country everyone is involved whether in rural or urban areas; they should all be involved in sports. We know the benefits of sports to our children. Government’s policy is to make sure that those sport centres of excellence are not left to be dormant but rather they should be working for the benefit of the community.
On the second part of your question, it is good to send a written question to the Ministry of Youth, Sport, Arts and Recreation so that they can come with information on exactly how many of those are idle, how many are working and what challenges would there be.
*HON. SEN. SHUMBA: I would like to direct my question to the Minister of Health and in his absence I direct it to the Leader of the Senate. At Prince Edward School, there are ten students who tested positive to COVID-19. What plans does Government have to make sure that every student is tested particularly in boarding schools because these children come from different areas. Is there not a risk of children transmitting COVID-19 to other students?
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON SEN. MUTSVANGWA): Let me thank Hon. Sen. Shumba for the pertinent question which pertains to health issues. We know that schools are known for providing good education. Zimbabwe is rated and ranked highly, which means that our Government continues to put efforts in making sure that children go to school. We know that COVID-19 is with us and there are a lot of issues that are challenging our education sector but Government continues to review situations by looking at the way forward.
We are told that some girls did not go back to school because some were pregnant and others had given birth. We also experienced a lot of challenges when young children could not go back to school. There are challenges like e-learning which is done on phones and computers and even on radio stations. This might not be able to cover the whole country. However during such a difficult period, Government utilised the funds that were mobilised so that in every school there is standard operating procedures which apply when schools are opened to see whether there are sanitation facilities that are used by students, for example washing hands, masking up and maintaining social distancing in schools. All these things including temperature checks were done. It was not possible for every student to be tested but Government also made an effort that teachers get vaccination jabs. This is done to protect our children. So Government is doing a lot but at the moment, we are not able to provide PCR tests for every student. However, other health protocols are being implemented in all schools. Children are tested daily and temperatures taken and social distancing is being observed. This is what Government is doing to make sure teachers and students are protected.
*HON. SEN. CHIEF CHARUMBIRA: Mr. President, I would like to thank the Hon. Minister for the clarity. Minister, there are some groups in our society who are being left behind because of the COVID-19 pandemic. For example, in the education sector, it is one thing to say that people should come and wash their hands and what have you. In other schools, it is not possible for students to get smart phones and computers. Is there no programme that would avail smart phones to students, so that all children are not left behind but move with trends.
*THE HON. DEPUTY PRESIDENT OF SENATE: I would allow the Hon. Minister to respond to that question but this is not a supplementary question. However, Hon. Minister, if you have a response, you can go ahead.
*HON. SEN. MUTSVANGWA: Thank you Mr. President Sir. Let me thank Sen. Chief Charumbira for such a pertinent question which is not a supplementary question but a new question. However, it is an important question. Government is facing a lot of challenges as a result of COVID-19. The biggest challenge that our Government is facing is that we are supposed to be providing e-learning, online lessons and radio lessons to our children. This is a situation that comes after Government suffered Cyclone Idai. After that pandemic, Government decided to work on a number of projects including the refurbishment of bridges and other infrastructure. Government, at the moment is seized with the challenges that are found in schools. We have over nine thousand schools throughout Zimbabwe. These schools do not have adequate power. There are a few schools that have electricity. We hope that REA should expedite the electrification programme through the Ministry of Energy. However, as a nation, we have eight hours of sunlight and some countries have few hours but they generate a lot of electricity from solar energy. It is important that our schools get electricity as a result of the COVID-19 challenge. If all schools are electrified, there would be need for necessary gadgets. So ICT and transmitter facilities should be installed so that our children benefit from modern day technology. These are issues that were discussed in Cabinet and the Ministry of Energy, Hon. Soda was tasked to look into generating investment towards solar energy so that Zimbabwean schools are electrified. Solar energy plays a critical role and this is an issue that Government is seized with. I would request Minister Soda to clarify and emphasises on the same point. I thank you.
*THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): Thank you Mr. President Sir. I would like to thank the Hon. Member for asking the question which pertains to the electrification of rural areas, particularly the education sector so that students benefit from technology as a result of COVID-19 which has culminated in people looking at alternative forms of education. The provision of education is done under the auspices or different programmes that are found in my Ministry. We take electricity from Hwange Thermal Power Station and other power stations to rural areas. However, we discovered that it is not possible to connect every area to the national grid because we do not have adequate electricity to cover the whole country.
Secondly, it is expensive. You will discover that in other areas, electricity poles are installed and they are 30km made of electricity pylons and cables. However, it might not be possible to connect all schools even those that are peripheral. Government is also targeting different corners of the country so that Hwange and Kariba Power Stations can reach out to these areas. Alternative forms of energy like solar power should also be utilised like the Hon. Minister alluded to that we have a lot of sunlight which can generate power. We know that it is important that we have investors or people who will invest in the generation of solar power. Government is going to give incentives to investors who want to participate in the generation of solar. This can be done by local people or other businesses which might decide to import gadgets used for generating solar duty free. Government is also determined that those who are going to come to do different activities in Zimbabwe can be given five years of tax holiday. Whatever they are going to generate during those five years, they are not obligated to pay tax to Government. This is done to motivate those who want to invest in the generation of solar energy so that the solar grids can be linked to the national grid.
The other point is, the Rural Electrification Agency has started several projects in different provinces targeting rural provinces in Zimbabwe. As I am talking, there are a number of projects being done by REA to install new solar systems or to better those that were installed from 2005 to 2015. We have 400 solar units that have deteriorated in terms of electricity generation and REA was tasked to make sure that such stations begin to generate power. This is what Government is doing to ensure that every area has access to electricity. I thank you Mr. President.
(v)HON. SEN. B. MPOFU: Thank you Mr. President. My question is directed to the Minister of Transport and Infrastructural Development. What is going to happen to provisional licences which expired during COVID-19 lockdown?
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President. Let me also thank the Hon. Senator for that very important question. Surely that is a pertinent question that he has raised. However, if you can recall, the driving schools were the most hit in terms of operations during the lockdown since last year. Recently, they have been allowed to commence their operations this coming Saturday on the 27th of March 2021. They have been allowed to resume their business operations during this recent Cabinet meeting.
I think my Ministry is seized with the issue and it also came through the Association of Driving Schools, to say yes, this is a pandemic and it is not according to our own making that we could not go for the lessons, testing and so forth. So, we are seized with that matter of which we will then bring the finer details to this august House. I thank you
*HON. SEN. CHIEF MAKUMBE: Thank you Mr. President. My question is directed to the Minister of Health and Child Care. In his absence, I am going to direct the question to the Leader of the House. When Zimbabwe together with other nations experienced COVID-19, the President saw it fit to look at the situation in such a way that Zimbabwe will brainstorm and look at how the issue can be addressed.
Looking at the vaccination issue, I do not know what the Government’s position is regarding the vaccination of Chiefs and Traditional Leaders who are found in the front line working with people every day? The other point is that we have lost a number of our traditional leaders who succumbed to COVID-19.
THE TEMPORARY PRESIDENT: The Minister of Finance and Economic Development, Hon. Prof. M. Ncube is in the House and the Minister of Home Affairs and Cultural Heritage, Hon. Kazembe is also in the House ready for questions. I thank you.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): Thank you Mr. President. Our Head of State and Government respects our traditional leaders in Zimbabwe. Hence, it was mentioned that in every situation, chiefs are invited. Chiefs have a very huge responsibility in different communities as custodians of culture and people take heed of traditional leader’s advice.
My Ministry and the Inter-ministerial Task force for COVID-19 has structures from the grassroots, wards to the executive. We work with all levels so that everyone understands the importance of hygiene particularly during the COVID-19 pandemic. We know that chiefs have a big responsibility, looking at the vaccination aspect.
I believe that it is important that you write a letter requesting that traditional leaders be vaccinated. We have seen the Ministry of Health vaccinating journalists and other frontline workers during the first phase. We also give priority to the elderly, the 60 years and above, no one asks questions, you are just vaccinated. I thank you.
*HON. SEN. ENG. MUDZURI: Hon. Leader of the House, you mentioned that you honour our traditional leaders. So what was Government’s policy regarding the vaccination of chiefs? When looking at other countries like Nigeria, you will discover that they honour and respect their traditional leaders. So, I think it is important that before any programme is rolled out, it should cascade to traditional leaders and chiefs.
When you see chiefs asking such questions in this august House, it means that they are wondering how things are happening. We know that in our culture, it is important that traditional leaders are allowed to lead in programmes such as these. Did you ever consult our traditional leaders when you were rolling out the vaccination programme? So, it is important to talk to our traditional leaders.
HON. SEN. MUTSVANGWA: I mentioned that chiefs are important when looking at the critical role that is played by traditional leaders. I said that those who are in this communication are working with chiefs. When you look at social media platforms, you discover that chiefs are in the forefront, speaking about the importance of vaccination programme. When the vaccination programme was rolled out on 18th February, 2021, the Ministry considered the health care workers and these were prioritised as the first group. The Ministry of Health and Child Care is looking into the issue that from one stage to another, how are they going to roll out this programme. They are also going to target traditional leaders, our chiefs. I thank you.
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. CHIEF CHARUMBIRA): Hon. Minister, I think the essence of the question is that, in the priority list, where do the traditional leaders fit? Do they fall under the first, the second or the third category? I think maybe you can pass that message to the relevant Ministry. I thank you.
HON. SEN. CHIEF CHUNDU: Thank you Mr. President Sir. My question is directed to the Minister of Home Affairs and Cultural Heritage. We have seen people being terrorized by touts at different bus stations. You will discover that most of these touts do not put on face masks and there is no social distance. Sometimes, they rob travelers. What are Government plans in order to address such a situation so that travelers travel in peace. How is Government planning to deal with such errant behavior?
THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. KAZEMBE): Thank you Mr. President Sir. I would also like to thank the Hon. Senator who asked such an important question. I believe that so many people ask such a question after seeing a video which was circulated on social media where a certain woman was being terrorized by touts. This video really touched us a lot. Even the Police were concerned by such a situation. When I saw this video, I forwarded it to the Commissioner General of the Police and he expressed concern over it. So I would like to promise you that this issue is being investigated. We are planning to deploy Police to different bust stations so that such situations are addressed.
The other issue is that the department of Police might be experiencing logistical challenges because they do not have enough vehicles. However, I believe that the Ministry of Finance is working on that. He has been channeling some resources to our police force. If enough resources are availed, I believe the Police will be found in every station. Very soon we are going to see a difference regarding that situation. I thank you.
HON. SEN. MOHADI: Thank you Mr. President. My supplementary question is; really, we are with you Minister and we can understand the department’s challenges of getting transport. However, your workforce is all over along the roads. We have plenty plus roadblocks. What are they doing in order to minimize this problem? I thank you.
*HON. KAZEMBE: Thank you Mr. President Sir. Let me thank Hon. Sen. Mohadi for her supplementary question. The issue she has mentioned is the number of police officers at road blocks. Their task on the roadblocks is different from the issue which has been raised here. These are issues that happen at the bus termini, not at the roadblocks. We put more police officers on the roads so that they can be able to control the movement of people and monitoring overloading cars. The issue that was mentioned in this Senate is the issue which is happening at bus termini. We are going to deploy police officers who are going to patrol to oversee if people are following the regulations which have been put forth by the Ministry of Health and Child Care. Even the passengers who are travelling need to be supervised. Thank you.
THE TEMPORARY PRESIDENT OF SENATE: To avoid Hon. Senators rising several times expecting to take the floor, let me read the list. We have Hon. Sen. Chinake , Hon. Sen. Denga, Hon. Sen. Gumpo, Hon. Sen. Mpofu and Hon. Sen. Chifamba. That is the order. So be comfortable until we get to your name on the list.
*HON. SEN. CHINAKE: Thank you Hon. President Sir. My question is directed to the Minister of Transport and Infrastructural Development. We were told in this House that number plates were being manufactured in Germany, but the country has plans to manufacture the number plates in the country. To date, there is a backlog on the number of people who are requesting number plates. How far have you gone on the issue of the manufacturing of number plates? Thank you.
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): I want to thank you Hon. President. I want to thank Hon. Sen. Chinake for raising that pertinent question. It also helps us to notify the whole country of Zimbabwe that the issue of number plates that we put on the cars has become an issue to many people. Firstly, they are not accessible to many people and they are paid for in foreign currency, which becomes a difficult thing for many Zimbabweans.
I want to inform this august Senate that there are plans to ensure that number plates are accessible in the country. The Hon. Senator mentioned that it is taking a long time before they are delivered. Security measures should be put in place so that some people will not have the number plates using corrupt ways. Therefore, we are trying to ensure that the number plates that are manufactured have security features. So, all these issues are being looked into.
We also thank our university students who are working with the Ministry of Higher and Tertiary Education, Innovation, Science and Technology Development to see if they can make the number plates which can raise our flag so that we stop to import and they will be accessible in this country. Therefore, they are working towards that issue. I believe that we are going to announce the stage we have reached with tertiary institution on the issue of making number plates. The police officers and all the law enforcement agencies are going to be included so that they can be able to see if the number plates can be put on the cars.
*THE TEMPORARY PRESIDENT OF SENATE (HON. SEN. CHIEF CHARUMBIRA): I want to say that birth certificates and national identity cards are done in this country and it is necessary that we have number plates done in this country as well.
*HON. SEN. DENGA: Thank you Mr. President, my question is directed to the Minister of Agriculture. My question is in regards to payment of farmers. We have contract farmers who were contracted to farm tobacco under Command Agriculture. Their bills are now coming in foreign currency. What is Government’s plan for tobacco and maize farmers under Command Agriculture - are they going to be paid in foreign currency or local currency?
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Thank you very much Hon. Senator for that question. Certainly the tobacco farmers are going to receive half of their money in hard US dollars and the other half will be converted to domestic currency at the going auction rate. This 50:50 split is an improvement from the previous 2 years where they were only getting 40% in foreign currency and the other bit was in domestic currency. So, this is an improvement and I think that we are in a better position this year, compared to the last two years.
The good thing is that the currency is also stable, prices are coming down and everything looks better. I think that going forward, it is important to also increase domestic funding of tobacco and domestic funding of all exportable agricultural commodities. Why, because this way, we can then maximise on the foreign currency that we earned last year to overall revenues for tobacco, for example we have the order half a billion US dollars. From the figures from our Central Bank, we as a country in terms of foreign currency net earnings, we only earned about 10% of that, which is just below $50 million.
Clearly increasing domestic financing and domestic currency is the way to go over time, but at the same time still accommodating foreign funding. I thank you.
*HON. SEN. ENG. MUDZURI: Thank you Mr. President, Hon. Minister you said you are going to give farmers 50% of the money in foreign currency and the other in local currency. Did you take into consideration small scale farmers in rural areas like Malipati and Chiendambuya? Yes, they are going to get 50% in US dollars for them to be able to access their money in ecocash or banks because they will not get the local money in cash. Considering that banks only offer 2000RTGS per week, the elderly in the rural areas want their cash. How are these people in rural areas going to access their money if they are given 50 000 and they are only allowed to withdraw 2 000 per week? What is Government’s plan to alleviate this problem, especially those in the rural areas who will have also to travel long distances to withdraw money?
HON. PROF. M. NCUBE: Thank you very much. The issue about regulating access to cash was triggered by the abuse that we had seen taking place from the use of the mobile banking platform in terms of electronic money. We realise that it is necessary to restrict the cash withdrawals, the amounts that can be used at any point in time and be transferred at any point in time. This is necessary for us to keep those restrictions in place as a general policy. If we loosen up on that, it will cause us a lot of difficulties and basically we will go back to where we were before, where individuals will access larger amounts of cash and then want to trade in the parallel market and just make our currency more unstable.
I think you will agree with me Hon. Senator that at the moment, the most valuable thing from an micro-economic sense is stability of our currency which is spreading stability and creditability everywhere and that is a fact we must all work to protect. For farmers specifically, we are also of the view that they should always be assisted, especially the tobacco farmers that we are talking about. They work so hard to earn us this hard earned foreign currency - so again, we can look at making special arrangements for them. Some of them have come a long way to the city to sell their tobacco. So perhaps I will see what we can do to support them better. That will not be a generally policy, it will be something specifically for them, but I am not promising anything, it is only because we realise the value that they create for this country and perhaps they should be supported. I thank you.
*HON. SEN. DENGA: Thank you Mr. President, I am saying that the Minister did not address my question fully regarding maize farmers. Fertilisers are bought using foreign currency and other inputs like herbicides, so the question is how is GMB going to pay? Are they going to pay in foreign currency or not?
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON PROF. M. NCUBE): Thank you for coming back and seeking further clarification on his question. We have done some analysis which shows that the cost of these inputs that he has listed has remained relatively stable and so has the currency. The whole item that has increased somewhat and is quite variable is labour cost – when we consider the price model for maize, that is what we are finding out. Everything else is stable except labour costs.
In terms of the items he has listed, the prices have not moved much. We are confident that the price that we are offering, that is the selling price for maize in Z$ terms would be able to cover the farmer sufficiently recognising that the prices of these inputs have not moved much. Farmers are paying for these inputs in US$. In Z$ terms, the farmer is fetching a good price because the exchange rate has not moved much. That stability is what gives us the confidence that paying in Z$ is the right thing to do. After all, it is our domestic currency.
HON. SEN. GUMPO: My question is directed to the Minister of Transport and Infrastructural Development. It is on a specific tollgate situated between Karoi and Chinhoyi. This tollgate has two lanes while the tollgate at Inkomo Barracks has four lanes. The Lion’s Den facility has created a bottleneck that creates complications in terms of passage of transport. When is Government going to widen the road?
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Let me thank Hon. Sen. Gumpo for that very important question and surely, he has got a particular tollgate which I will humbly ask him in future to put it in writing so that he can get a detailed explanation if he has got a particular case.
I am going to answer his question relating to other tollgates as well. Yes, there is an outcry especially in a number of our tollgates where the service is not up to scratch and truly, the one that he has cited, given the business that we get as a country it must be attended to urgently. Let me hasten to say the Ministry is seized as we speak, in terms of the priority list where we had to target Harare-Beitbridge and as we know this is our gateway route. The trunk road that we are talking of if we talk of Zimbabwe, the connectivity is on Beitbridge to Chirundu.
As a nation, our focus is on Beitbridge, not to say we are not going to develop Chirundu but once we are done with Beitbridge, our focus is going to be enlargement of Harare Chirundu trunk road so that we cater and accommodate for the vast business that will then come due to that expansion. We are seized and with the advent of the Emergency Road Rehabilitation Programme as declared by His Excellency, we have got phases of road construction and rehabilitation and I can safely say to Senator Gumpo that this is one of our priorities as a nation to make sure that we enlarge our tollgates country-wide, widen our roads so that we cater for the increase in number of traffic plying our roads. I thank you.
Questions without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order No. 64.
HON. SEN. S. MPOFU: I move that Questions without Notice be extended by 10 minutes.
HON SEN. DENGA: I second.
HON. SEN. S. MPOFU: I will direct my question to the Leader of the Senate. There are students in primary and secondary schools who did not go back for third term classes in 2020. They last attended classes in March 2020 and these students want to go back for classes. What is Government’s policy on such students and do schools ask for fees for the year 2020?
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): I want to thank Hon. Sen. Mpofu for that very important question and I hope I got the question right. The policy is that they do not pay school fees when they are not attending school but we also have to understand that certain schools were actually having online and e-learning and that required schools to charge so that they can at least continue carrying out those lessons with their children.
HON SEN. S. MPOFU: Since some of these children did not write end of year examinations for that year, are they supposed to proceed to the next level? What is supposed to be done?
HON. SEN. MUTSVANGWA: Thank you Mr. President and I want to thank Hon. Mpofu for the supplementary question. I think Government, under very difficult circumstances during COVID-19, they managed to open for exam class children so that they can write exams. For those who were not able to write for one reason or the other, I do not see how they can go forward before they write the exams. I do not know whether we are talking about exam classes or other classes.
HON. SEN. S. MPOFU: The Hon. Minister had said, she was not sure what I was really asking about concerning exams. I mean the ordinary end of year exams for all other classes excluding the Grade7, Form 4 and ‘A’ level.
HON. SEN. MUTSVANGWA: Thank you very much. I want to thank Hon. Senator for that clarity. I want to say these are extra ordinary times and very difficult times where decisions have got to be taken according to the challenges which we are faced with. COVID closes schools and we still tried to open schools and make sure that the exam classes write examinations. We are aware that children have to continue moving because there are other children who are born and young ones who want to get into school. I think they obviously would move to the next class. This is why the Ministry of Primary and Secondary Education came up with compressed curriculum vitae to make sure they cover up for what they did not do in the last semester. I thank you Mr. President.
THE TEMPORARY PRESIDENT OF SENATE: I think it is fair to say we have concluded the Questions Without Notice.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): Mr. President, I move that Orders of the Day Nos. 1 to 10 be stood over until Order of the Day No. 11 has been disposed of.
Motion put and agreed to.
MOTION
RATIFICATION OF THE LOAN AGREEMENT BETWEEN THE GOVERNMENT OF ZIMBABWE AND THE ARAB BANK FOR ECONOMIC DEVELOPMENT IN AFRICA (BADEA) RELATING TO URGENT RESPONSE OPERATION TO FIGHT COVID-19
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Mr. President, I have the pleasure to present the following:
THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organizations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;
AND WHEREAS, the Loan Agreement between Government of Zimbabwe and the Arab Bank for Economic Development in Africa (BADEA) relating to Urgent Response Operation to Fight COVID 19 concluded 28 August 2020 to be implemented through the Ministry of Health and Child Care; 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. President Sir, we were offered this nicely priced and affordable credit or loan from BADEA. It is US$10 million and the interest rate is 2% per annum. It is a concessionary loan and there is a grace period of five years. On the first five years, we do not pay and we will only start paying in sixth year. The tenure of the loan is 25 years. In the Agreement, the Government will repay the principal in 40 semi-annual instalments, so we pay every six months. Where repayments are paid within 30 days of the day that they are due, the interest rate is reduced. We get a discount of 0.75%. If we pay on time, every six months, the effective interest rate is 1. 75%. This loan will go a long way towards bolstering our resources to fight COVID-19 and also to supplement our resources for the acquisition of the vaccine, critical medicines and critical PPEs. Thank you Mr. President.
*HON. SEN. KOMICHI: Thank you Mr. President for according me this opportunity. I also thank the Minister of Finance for the words he has brought about of US$10 million which is going to be returned with good conditions. I would like to talk about the purpose of the use of money. COVID-19 is causing havoc not only in this country but in the whole world. Many people fear COVID-19. If a person gets sick due to COVID-19, there is no joy in the family. There are people who are de-campaigning vaccination on the social media. They are adding more fear into the people. People in the whole world are in between the hard rock and the service. There is fear of being attacked and there is also fear on vaccination, what should we do? We know that money is needed for acquiring the vaccines but we want to appreciate the little that we have. We accept what we have and add into the vaccines which we already acquired. We have managed to acquire few vaccines compared to the number of the people who must be vaccinated. The percentage which must be vaccinated compared to the amount of vaccines which we have in the country is very little. There is a big gap. We are like people in a war. We must be united and help each other to remove fear in people for vaccination so that they can fear to get sick rather than fearing to get vaccinated. When we move around in the villages and in locations, people do not accept that there is COVID-19.
I am happy, when I went to Wilkins today to get my second jab there were a lot of people. It showed that people now understand that vaccination is very crucial. We must not follow what people are saying on the social media, who are instilling fear in people on the issue of vaccine and discouraging people to be vaccinated. I want to say this loan is very important and is being taken for a good purpose. If we die, our country is not going to develop. For example, our Minister died because of COVID-19. Where are we going to get another Minister who is like him? Let us take this loan freely and buy our vaccines. Thank you very much.
THE TEMPORARY PRESIDENTOF SENATE: I think that summarises all possible debate on this subject.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Hon. Komichi spoke very well. If I say anything I will spoil it. Maybe all I can say is that all Senators should get vaccinated because COVID is worse than the vaccine. I have been vaccinated once, Hon. Komichi has been vaccinated twice already and he still looks fit. So, let us all get vaccinated, it is the only silver bullet available for us to survive this pandemic and to keep growing our economy. I thank you.
Motion put and agreed.
MOTION
RATIFICATION OF THE LOAN AGREEMENT BETWEEN THE GOVERNMENT OF ZIMBABWE AND THE EXPORT-IMPORT BANK OF INDIA RELATING TO HWANGE UNITS THERMAL POWER STATION LIFE EXTENSION PROJECT
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): I rise to present a motion that;
WHEREAS, Section 327 (3) 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, the Loan Agreement between Government of Zimbabwe and the Export - Import Bank of India relating to Hwange Units Thermal Power Station Life Extension Project being implemented by Zimbabwe Power Company concluded on 24 February 2020; 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. President, the Hwange Thermal Power Station has an installed capacity of 920 MW comprising of 6 units which were commissioned in two phases as follows:-
Stage 1 – 4x120 MW units were commission in the year 1983 to 1986
Stage 11 – 2x220 MW units -1986 to 1987.
The units have operated beyond their life expectation of 30 years. Hwange Thermal Power Stations currently generating an average of 300 MW which is less than 50% availability. Reduction in the plant output is mainly attributed to the age of the plant and lack of regular scheduled maintenance due to lack of resources. Plant rehabilitation initiatives have taken place since 2009. However, due to its age, the plant now has high and frequent emergency shut-downs for unplanned repair works
Cognizant of the above, Zimbabwe Power Company approached Treasury to secure resources to undertake life extension with the purpose of restoring the power station capacity to 880 MW and to further extend the life of the power station by a further 20years.
The total cost of the rehabilitation programme is estimated to be US$440 million. US$125 million has so far been secured from Standard Bank (US$50 million) and Afreximbank (US$75 million). An additional US$310 million has since been secured with the India Exim Bank.
Basically, the loan will be utilised for the procurement of a project management consultant and rehabilitation of Hwange 1-6 thermal power station. The rehabilitation project entails upgrade and general overhaul of turbines and boilers as well as the auxiliaries of boilers and turbines.
This line of Credit from the Export and Import Bank of India has the following terms and conditions
The loan amount: USD310 million
Interest rate:- 1,75% p. a
Commitment fees 0.5% on the undrawn balance
Management fees 0.5% one off
Default rate 2%
The facility will be on lent to the Zimbabwe Power Company at the same terms and conditions of the facility from India Exim Bank. So, Central Government will pass on the loan to Zimbabwe Power Company basically as is.
Expected benefits of the project – Zimbabwe’s current generation capacity varies greatly at less than 1 000 MW per day against a current projected power demand of 1 700 MW. However, this represents suppressed demand considering that the industry is operating at below full capacity, putting real demand at around 2 200MW.
Implementation of the project will result in the following benefits:-
- Reduction of the supply-demand gap especially experienced during peak hours;
- Increase Zimbabwe’s power generation, reliability and efficiency;
- Improve the plant efficiency and reduce main fuel and secondary fuel consumption;
- Reduced cost of energy production
- Reduced consumption of chemicals and consumables from existing generating facilities;
- Increased power supply will ensure sustained economic growth and development as energy is a key enabler;
- The creation of jobs for skilled and unskilled Zimbabwean personnel; and
- Down streams benefits for local industry and related value chains.
So, Mr. President, these are the details of the loan. I so submit.
*HON. SEN. SIPANI-HUNGWE: There is not much that I can say on this issue regarding electricity which is quite a critical issue which has been a challenge for a number of years. So, if there are partners who are willing to assist us, I do not see any challenge regarding that. I am sure my colleagues in this august House also agree that this is a good initiative, We should go ahead. As Hon. Senators, we agree because we have been facing a challenge of power shortages.
If there is a way of making sure that the Hwange Thermal Power Station is refurbished, then so be it. I thank you.
*HON. SEN. CHINAKE: Thank you Mr. President Sir. This is a very critical issue. Everyone is concerned about the availability of electricity, so when the Hon. Minister comes to this august Senate, we are really glad because he is armed with responses. We know that in every programme, there should be a specific timeframe, so the Minister should stipulate the timeframe when electricity should be availed and how much. Hon. Minister, if you are receiving funding, then it is good but it is important that there is clarity on when electricity will be availed. The nation will take us to task. They will ask us on how far we have gone. So, it is important Hon. Minister that there is clarity on that aspect. I thank you.
*HON. SEN. KOMICHI: I would like to thank you Mr. President. I also want to thank the Minister of Finance and Economic Development. I concur with the Minister. In 1984, I joined ZESA and on 4th February, I was transferred to Hwange Power Station. So, what you are talking about Hon. Minister is something that I identify with and understand. It is true that units 1 to 4 were completed when I was an apprentice. For the 24 years that I worked at Hwange, I saw the machines performing different duties until they depreciated. At one point, they were generating 120 megawatts. In 2006/7 the machines which were producing the highest output were producing around 90 megawatts and now they have gone down to 60 or 40 megawatts. These machines are now obsolete and most of them are old now. They were supposed to be replaced by new machines but looking at the number of years, these machines have been around for quite a long time. This is an issue that needs to be rectified.
The money that was mentioned by the Hon. Minister should be utilised so that these machines are refurbished. Most of these machines came from European countries like Germany, Italy and other countries. Engineers used to come to Zimbabwe to service these machines, bringing new spare parts. After every five years, machines were being serviced; new parts were being brought in and inspectors would inspect these machines to make sure that the machines were working. These are critical issues that should be looked into.
We need to build a relationship with the World Bank and international partners who can assist us so that our machines would be in existence for long so that we continue generating electricity. Mr. President Sir, I normally say that as Zimbabweans we need to be united so that our nation develops. This is our pride; it is a national pride. This is a nation which is endowed with different resources. Hon. President, if we unite, we are going to excel. Power shortages can be eradicated if we work together. I will continue emphasising and repeating these words.
I would also encourage leaders in this Senate, whether MDC or ZANU PF to unite because our unity is going to eradicate every challenge that we face as a nation. This is an issue which should culminate in Zimbabwe being the Switzerland of Africa. This can happen if we put our heads together. Our nation is endowed with geniuses. We have a lot of people who have specialised in different fields. If you go to any country, you will discover that we have specialists from this country. The challenges that we find in Zimbabwe are manmade challenges but I believe that we can have a solution. We can solve this issue if we work together. There is no need for people to be fighting. We need to unite and love each other. With these few words Mr. President, I would like to support the programme that is being done at Hwange Power Station. Let the funding come so that these machines are refurbished and that there is progress at Hwange Power Station. I thank you.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Let me start by responding to the comments by Hon. Sen. Chinake. I agree with you that certainly once the money has been drawn down, the implementers have to move with speed; whoever will be contracted needs to move with speed and deliver because resources would have ceased to be a constraint. I certainly will make sure that we crack the whip that the project be implemented because once you draw down, you start paying the interest. So, we will be paying the 1.75% and so forth per annum but we want to make sure the project is implemented so that we see the benefits of the cost of those funds.
I strongly agree with Hon. Sen. Komichi. He gave an apt and moving contribution about the need to be united and to work together. After all, we have everything in this country and we need more power to realise all our growth targets. We have a lot of talent from Zimbabweans around the world and internally. Surely, by being assisted by some of our friends, we should be grateful and strengthen our relationship with them and that can enable us to realise the full potential of this country and I agree with him. Thank you for the support.
Motion put and agreed to.
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN CHIEF CHARUMBIRA): I want to provide some information. The adjournment was supposed to be up to the 13th April. It has been brought to the 6th April for one purpose. We are only coming to consider the Constitution Amendment Bill No. 1 for voting and passing. “Saka ukauya musi wa7, isu tapedza musi wa6, unowana kusisina Senate.” We are only coming for that particular item, so be here on the 6th because you will miss. Because it is voting, all of you will have to come into the Chamber on 6th April. Thank you.
On the motion of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE), the Senate adjourned at Twenty Minutes past Four o’clock p.m. until Tuesday 6th April, 2021.
PARLIAMENT OF ZIMBABWE
Wednesday, 24th March, 2021
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: Thank you Madam President. I move that Orders of the Day, Numbers 1 to 5 be stood over until Order of the Day, Number 6 has been disposed of.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
MOTION
ADOPTION OF THE REPORT OF THE PRIVILEGES COMMITTEE INVESTIGATING CASES OF ALLEGED MISCONDUCT BY MDC-ALLIANCE MEMBERS OF PARLIAMENT
HON. SAMUKANGE: Madam President, I move the motion standing in my name that this House Considers and adopts the Report of the Privileges Committee investigating cases of alleged misconduct by MDC Alliance Members of Parliament.
HON. SIPANI-HUNGWE: I second.
HON. SAMUKANGE: Thank you Madam President. I must start by apologising; apparently there are some hiccups about my ipad. However, can I proceed to read my report?
THE HON. PRESIDENT OF SENATE: You can proceed Hon. Samukange.
1.0 Introduction
The Committee on Standing Rules and Orders (“CSRO”) of the Ninth Parliament constituted the Privileges Committee (“Committee”), in terms of section 16 (4) and paragraph 1 of the Schedule of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] (“PIPPA”). The Committee was tasked to investigate allegations of misconduct by Hon Members of Parliament from the MDC-Alliance. The allegations were raised in a motion by Hon. P. Togarepi in which he cited five occasions on which the derogatory conduct was displayed by Honourable Members in the National Assembly and the Senate when His Excellency, the President of the Republic of Zimbabwe, Dr. Emmerson Dambudzo Mnangagwa (interchangeably referred to as “His Excellency” or “the
President” or “the Head of State”) attended Parliament on these occasions, namely—
- the Official Opening of Parliament of 18 September, 2018, at which Honourable Members of the MDC-Alliance of the National Assembly and the Senate did not rise when His Excellency entered the National Assembly Chamber;
- the Budget Presentation Day of 22 November, 2018, during which Honourable Members of the MDC-Alliance walked out of the National Assembly Chamber into the courtyard and sang political songs as they did so. While in the courtyard, they continued to sing which disrupted the proceedings;
- the State of the Nation Address of 1 October, 2019, which Honourable Members of the MDC-Alliance boycotted;
- the Mid-Term Budget Review of 1 August, 2019, which Honourable Members of the MDC-Alliance boycotted; and
- the Budget Presentation Day of 14 November, 2019, during which Honourable Members of the MDC-Alliance walked out of the National Assembly Chamber.
2.0 Committee Composition
The CSRO established a Privileges Committee to investigate cases of misconduct by MDC-Alliance Members and Senators. The Members nominated were—
- Jonathan Taonana Samukange - (Chairperson);
- Sen. Joseph Madziva Chirongoma;
- Sen. Omega Sipani-Hungwe;
- Cecil Kashiri;
- Stars Mathe;
- Brig Gen (Rtd) Levi Mayihlome;
- Kindness Paradza;
- Aligenia Samson; and
- Priscilla Misihairabwi-Mushonga who immediately declined to be a Member of the Committee as she was conflicted. She was accordingly replaced by Hon. Priscilla Moyo.
3.0 Terms of Reference for the Committee
- The Committee’s mandate was to conduct the following—
- To investigate the conduct of Hon. Members of Parliament from the MDC- Alliance in consecutive instances whereby they:
- did not rise for His Excellency, the President; and
- walked out of Parliament on His Excellency, the President; and
- did not bother to attend Parliament whenever His Excellency, the President attended Parliament
- To establish whether such conduct as outlined in (1) a, b and c above constitutes contempt of Parliament; and
- Any other incident that may arise from the investigation; and
- To report its findings and recommendations to Parliament by 28 February 2020.
3.2 Prior to the 28th February 2020 deadline the Committee received an Urgent Application which purported to interdict the Committee from conducting further investigations. In compliance with the General Rules of Urgent Applications, investigations were postponed to enable the Court to pass the judgement. The Committee’s work came to a temporary halt as the Committee awaited the delivery of the judicial decision. To date, judgement has not been handed down.
4.0 Committee Proceedings
4.1 The Committee’s inaugural meeting took place on the 20th of December, 2019. In that meeting, the Committee familiarised itself with its Terms of Reference and matters pertinent to its work. In subsequent meetings, the Committee agreed on the procedure to be followed and the need to ensure that the principle of confidentiality is strictly adhered to.
The Committee identified Honourable Members of Parliament from both the National Assembly and the Senate who were implicated. A total of one hundred and eleven (111) Members were identified, eighty-seven (87) Honourable Members of the National Assembly and twenty-four (24) Honourable Members of the Senate.
Through the administrative channels of Parliament, the Committee wrote letters to the implicated Honourable Members—
(a) Advising them of the investigation and requesting them to submit affidavits in the first instance; and
(b) Inviting them to meet the Committee for oral evidence in the second instance.
Members were required to submit any other supporting evidence in their defence in conformity with Section 70 (c) of the Constitution which established the right to be heard. The following documents were submitted—
(a) a joint affidavit for Hon Senators; and
(b) minutes of the MDC-Alliance National Standing Committee meeting of 26 October, 2019.
4.2 Legal Counsel
Guided by Section 70 (d) of the Constitution which gives accused persons the right “to choose a legal practitioner,..” the Committee advised the respondents of this right in letters inviting them to appear before the Committee. This resulted in Mr Muchadehama of Mbidzo and Muchadehama Legal Practitioners presenting himself to the Committee as legal counsel for the respondents; as did Hon Sen. Douglas Togarasei Mwonzora. The Committee advised Hon. Mwonzora that in terms of Statutory Instrument 37 of 2018 he could not appear before the Committee as legal counsel, due to the fact that he was conflicted. For the avoidance of doubt, Hon. Mwonzora was a respondent. After protracted arguments Hon Mwonzora conceded.
Mr. Muchadehama advised the Committee that a court application challenging the establishment of the Committee vis–a-viz the rulings previously given by the Speaker of the National Assembly, Hon. Adv. J. F. N. Mudenda (“the Speaker”) had been lodged. Mr. Muchadehama informed the Committee that the matter was sub-judice and lis pendens before the High Court. In Parliamentary convention as applied in Zimbabwe, the sub-judice rule prohibits Parliament from considering matters that are before the Courts.
4.3 Challenges faced by the Committee
The Committee faced the following challenges—
- In sending out invitations the Committee discovered that addresses submitted to Parliament by some Hon. Members were incorrect. This led to subsequent delays in delivery.
- Delays arising from Court Applications stalled the investigation.
- Numerous unforeseen circumstances including—
- the COVID-19 Pandemic; and
- the unavailability of Witnesses; the Committee did not meet its reporting deadline and accordingly sought extensions.
5.0 Oral Evidence Received From MDC-Alliance -Hon Senators
5.1 The allegations against MDC-Alliance Hon. Senators were that they remained seated or walked out of the Senate Chamber when His Excellency delivered the State of the Nation Addresses of 18 September, 2018 and 1 October, 2019. The Committee invited Hon. Members to rebut the allegations. An assortment of defences were received from the Hon. Senators, including—
- that during the Official Opening of the First Session of the Ninth Parliament in 2018, some were still new and operated on instruction from senior Members from their party, thus they were ignorant of Parliamentary Proceedings;
- that the allegations levelled against them had already been addressed through the docking of their sitting allowances by the Hon. Speaker;
- that they were threatened by their party that failure to comply with party instructions would result in Members being recalled;
- that it was not stated in the Standing Orders that they have to stand up whenever the President comes to Parliament;
- that walking out whenever the President was addressing Parliament did not constitute contempt of Parliament arguing that no international best practices could be found to support that. They stated that the Standing Rules and Orders had since been amended to make it contemptuous to walk out on the President, meaning the offence, was not an offence when it was committed;
- that they had not been provided with adequate information to enable them to respond to the allegations; and
- that it was not clear who had walked out because according to their understanding the Senate had adjourned; and that there was no basis for them to be held in contempt of Parliament or to be said to have been disrespectful to His Excellency when technically in their view they were not even supposed to be in Parliament.
5.2 The Committee received further evidence from other Hon Senators who were openly hostile to the Committee. Cases in point include the likes of Hon. Sen. Shoko and Hon. Sen. Sinampande, among others. They denied ever disrespecting His Excellency, yet it was common knowledge, supported by evidence submitted by them that they were whipped to walk out from the Chamber by their Party Leadership.
5.3 The Sergeant-at-Arms testified that Senate business was not adjourned but suspended awaiting the State of the Nation Addresses on both occasions.
6.0 ORAL Evidence Received From MDC-Alliance National Assembly Members
6.1 Evidence gathered from Honourable Members of National Assembly was substantially similar to evidence gathered from Honourable Members in the Senate. When it came to legal representation, a large number of Honourable Members waived their right and proceeded to testify. Mr. Muchadehama represented the minority that wished to have legal counsel.
6.2 Those that did not seek legal representation were not evasive but apologetic. Some assured the Committee that they would be the first ones to rise the next time the President comes to Parliament. They also provided unimpeachable evidence which was to the satisfaction of the Committee. For example, Hon. Dr Ruth Labode, among others, did not waste the Committee`s time as she acknowledged the allegations. She went further to state that, she may not have been around on some of the occasions but she remembered that on one or two occasions, she was certainly around. When asked to confirm if she had been around she would have acted in the same manner as her colleagues did, she responded in the affirmative citing the MDC-Alliance party stance as the reason that compelled Members to do so.
Some Honourable Members pretended to conveniently forget what had transpired regarding the five offences to the extent that whenever a question was raised, they deliberately pretended they could not remember. The committee determined that these Members suffered from periodic amnesia.
6.3 It is pertinent that this report informs Parliament that two Hon. Members behaved in a dishonourable fashion, and were extremely hostile to the Committee namely—
- Settlement Chikwinya, who verbally abused the Committee to be precise while waving his hands and pointing at Hon. Chirongoma he said, “iwe mdara iwe unondideedza ndiri shamwari yako here ini! Unondiziva here? Haaa! pfutseki wako mhani usade kundijairira mhani iwewe”. Prior to this Hon. Chikwinya and the late Hon. Dinha had stormed into the meeting while the Committee was in deliberation demanding to make their oral submissions immediately; and
- Job Sikhala, who when requested to take oath or affirm that his testimony was true and correct, he refused to do so citing the Constitution did not require him to do so. This prompted the Committee to resolve that there was no way he could testify without following the procedures. He went livid and hurled, “Why did you waste my time calling me here…Haaa, stupid mhani...’’ to the Committee before storming out.
The Committee resolved that as per section 16(4) of PIPPA the matter involving Hon Sikhala and Hon Chikwinya would be dealt with in recommendations made by the Committee.
7.0 Findings of the Committee
7.1 Zimbabwe is a constitutional democracy and is thus founded on the respect for the supremacy of the Constitution. Constitutionalism includes, amongst other values, respect for the rule of law, observance of the doctrine of separation of powers and respect for fundamental human rights and freedoms.
Section 2 of the Constitution of Zimbabwe states that—
“This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.”
The Zimbabwe Electoral Commission (“ZEC”) declared the President the winner on the 2nd August 2018. The MDC-Alliance was not happy with the declaration by ZEC and duly invoked their constitutional right to challenge the decision in terms of section 93 subsections (1) and (3) of the Constitution, which states that—
“(1) …any aggrieved candidate may challenge the validity of an election of a President…by lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election…
(2) The Constitutional Court must hear and determine a petition or application under subsection (1) within fourteen days after the petition or application was lodged, and the court’s decision is final.”.
The Constitutional Court heard the case, dismissed the challenge and confirmed the ZEC results on the 24th August 2018. As stated in section 93(3) cited above, the Constitutional Court’s decision is final. The President was thus sworn into office on the 26th August 2018. The Constitutional Court incontrovertibly settled the matter in terms of the law.
After the courts settled the matter and at the commencement of the Ninth Parliament in September 2018, the MDC-Alliance resolved to continue to protest through numerous forms of demonstration against the Head of State. The MDC-Alliance Members exhibited this contemptuous behavior on five instances and continuously disobeyed rulings by the Hon Speaker.
7.2 Previous Rulings by the Speaker on the same
Due to the fact that MDC-Alliance Members of the National Assembly made demonstrations referred to earlier, the Hon. Speaker progressively ruled as follows—
(1) That the Sergeant-at-Arms with the help of the Zimbabwe Republic Police stationed at Parliament eject Members of the MDC-Alliance from the House;
(2) That they will not be allowed back into the Chamber and were suspended from sitting for that day and their allowances for the day were forfeited;
(3) That their sitting allowances be docked for five (5) months.
After the Hon. Speaker’s rulings the respondents continued to demonstrate against the President. This led to the motion by Hon Togarepi which eventually led to the establishment of this Privileges Committee.
7.3 The Law
Section 116 of the Constitution states that—
“The Legislature of Zimbabwe consists of Parliament and the President acting in accordance with this Chapter.”.
Further section 145(1) states that—
The first sitting of Parliament after a general election must take place at a time and date determined by the President, but the date must not be later than thirty days after the President elect assumes office in terms of section 94…”.
The President and Parliament combined form the Legislature and together they derive legislative authority from the people of Zimbabwe that elected them into Office in terms of section 117(1) of the Constitution. At the beginning of the life of a Parliament following a General Election it is custom and practice that the Head of State officially opens Parliament.
7.4 It is trite to mention that whenever His Excellency attends Parliament for the occasion of the State of the Nation Address or the National Budget Presentation, he does so in terms of Section 140 (3) of the Constitution. Rising when the His Excellency enters Parliament is the modus operandi known and applied world-wide to pay homage to the Head of State. It is salutary to note that not all traditions, practices or cultures are prescribed by law. The Office of the President is a constitutional office grounded in the supreme law that commands respect because of what it represents. Members of Parliament, like all other citizens and residents, are expected to acknowledge the dignity and legally sanctioned leadership status of an individual, in his or her official capacity.
7.5 In terms of Section 128 of the Constitution, Members of Parliament are required to take the Oath of a Member of Parliament before he or she sits in Parliament. This oath is prescribed in the Third Schedule to the Constitution reads as follows—
“…I will be faithful to Zimbabwe, that I will uphold the Constitution and all other laws of Zimbabwe, and that I will perform my duties…faithfully and to the best of my ability.”.
The requirement to agree under oath to uphold the Constitution is an unequivocal requirement to holding public office. In simple terms, if you uphold the Constitution and other laws, principles, or decisions, you must support and maintain it, under obligation.
7.6 The title “Honourable” which Members bear is used for high officials in many jurisdictions, the title demands that Members act in the best interest of the nation, province, state or territory concerned. In particular, public officers, have a fiduciary relationship with the citizens on whose behalf they act and are entrusted with the responsibility to protect and uphold the common interests of the citizens. These same citizens rise on sighting their elected representative and yet Members of Parliament refuse to do the same for the Head of State who like themselves, embody the people’s will. Members of Parliament have complementary obligations to their Parliament—
- which should protect, strengthen and promote the Parliament; and
- which should reflect favourably on the reputation of the institution of Parliament.
Generally, the behaviour of the Members of Parliament must be decorous and must not bring Parliament to shame.
7.7 PIPPA and the Standing Orders of both Houses of Parliament are clear on the powers of Parliament in disciplining its own Members.
7.8 Investigations by the Committee revealed that the MDC-Alliance met and made a resolution to disrespect His Excellency, the President. As stated earlier, the Committee received Minutes of the National Standing Committee of the MDC-Alliance held at the Morgan Richard Tsvangirai House on the 26th of October, 2019, which stated that the leadership of the MDC-Alliance had, “reiterated the Party stance that the elections were stolen, and that ED was illegitimate”.
Furthermore, the same minutes reflected that, “There was a standing instruction that we should never recognize ED’s address to Parliament.” and that, “Drastic action will be taken against those who continue to undermine the party position.”.
7.9 The Committee found that Tabitha Khumalo, the then leader of the Opposition, Prosper Chapfiwa Mutseyami former Opposition Chief Whip, Nomathemba Ndlovu, former Deputy Opposition Chief Whip in the National Assembly and Lilian Timveos former Opposition Chief Whip in the Senate were the chief instigators and enforcers as they ensured that their collective party strategy, that is disrespecting His Excellency whenever he attended Parliament, was executed as had been agreed upon by the MDC-Alliance at Harvest House on the 26th October, 2019.
7.10 The Committee discovered that, all MDC-Alliance Members and Senators acted in common purpose by commission or omission.
7.11 The majority of MDC-Alliance Members were defiant and unapologetic for their misconduct. Hon. Watson was particularly hostile and disrespectful in her responses to the Committee suggesting that the Chairperson was fooling himself or trying to fool her which was not palatable to the Committee.
7.12 In summary, the Committee found the MDC-Alliance Members guilty of contemptuous behaviour. They also exhibited gross disrespect by boycotting, walking out and singing political songs, on the five occasions mentioned earlier in this report.
8.0 Observations
8.1 Since time immemorial, whenever the Head of State walks into or out of the Chamber, all Members rise. This is a standard practice of showing respect. The acts of walking out and not standing up, as a sign of respect, is un-parliamentary and disrespectful to the Head of State and constitutes contemptuous behaviour.
It is, therefore, the Committee’s view that these allegations are of a very serious nature which are designed not only to demean and humiliate the President himself but to scandalise him. This conduct was also intended to send a message to the local, regional and international community that the President was not democratically elected. The Committee felt that it was equitable that all the Honourable Members of Parliament who disrespected the Head of State be given the similar punishment as their offences were similar. These Members are listed in Annexures A and B appended to this report. Annexures C and D contain lists of former Members of Parliament who were recalled during the investigation. Annexure E Lists Members who passed away during the investigations.
9.0 Recommendations
9.1 Taking into account the severity of the matter, the Committee recommended—
(1) that Parliament, withdraws Diplomatic Passports from the Honourable Members listed in Annexures A and B from the date of adoption of this report; and
(2) that those Members pay a Level 12 Fine to the Consolidated Revenue Fund.
Turning to Honourables Chikwinya and Sikhala, it must be stated that Contempt of Parliament is committed during Parliamentary proceedings. There is no need for further investigations as a record of what transpired already exists. It is the view of the Committee that both Hon Chikwinya and Hon Sikhala committed Contempt of Parliament when they appeared before the Committee; for this reason the Committee recommends that they pay a level 14 Fine to the Consolidated Revenue Fund in addition to the Fine given in paragraph 2 above.
10.0 Conclusion
10.1 The Committee would like to thank all Hon. Members who made this report possible under very difficult conditions exacerbated by the COVID-19 pandemic. It is imperative that this Report be adopted as it is, so that the message to the disrespectful Hon Members is sent home once and for all.
ANNEXURE A
LIST OF NATIONAL ASSEMBLY MEMBERS
- G
- S
- S
- L. T
- S
- J
- C
- W
- R
- S
- G
12.Chimina. L
13.Chinyanganya 14. Dube. Brian
15 Dube. Godfrey
- Dube. Patrick
17.Gabbuza. J. G
- l . T
- C
- S
- J. R
- J
- W
- M. R
- C
- W
- S.V
- N
- S
- B
- J
- J
33.Mangora. B
- Maphosa. L
35.Markham. A. N
36.Mashakada. T
- Masuku. P
38.Mataruse. P
- Maxwell
- M
- S. M
- M. M
- Molokela-Tsiye. F. D
- Moyo Charles
- Moyo Peter
- P
- D. L
- E
- A
- Ndlovu Stella
- S
- J
53.Nyoni. I
54.Phulu. K .I
55.Sansole T. W
56.Saruwaka. T.J.L
- J
- G. K
59.Sithole James
60.Tarusenga U.D
- Tekeshe D
62.Toffa. J
- Tshuma. D
64.Tsunga. R
- V
- N. J
ANNEXURE B
LIST OF HON. SENATORS
1.Chifamba. J
2.Chinake. V
3 Femai. M
- K
- M
- T
- T
- V
- B
- E
- M
- Mwonzora . T D
- P
- M. R
- Rambanepasi C.
- Rwambiwa E.
ANNEXURE C
LIST OF PERSONS RECALLED FROM THE NATIONAL ASSEMBLY
- Khumalo Thabita
- Hwende Charlton
- Mutseyami Prosper
- Chibaya Amos
- Chidziva Happymore
- Majaya Bacillia
- Mugidho Muchirairwa
- Muradzikwa Zengeya Virginia
- Ncube Francisca
- Ndlovu Nomathemba
- Erick Murai
- Wellington Chikombo
- Earthrage Kureva
- Dorcas Sibanda
- Caston Matewu
- Lynette Karenyi
- Concilia Chinanzvavana
- Susan Matsunga
- Prince D Sibanda
- Unganai Tarusenga
- Murisi Zwizwai
ANNEXURE D
LIST OF PERSONS RECALLED FROM THE SENATE
1.Chabuka. K
- S
- M
- G
- Sinampande H. M
- L
- T
- H
ANNEXURE E
MEMBERS WHO PASSED AWAY DURING THE INVESTIGATIONS
- V. Java Tsvangirai
- A. Muyambo
- K. Dinar
- S. Mushayi
- C. Rambanepasi.
I lay the report and its recommendation on the Table and ask that it be adopted.
HON. SEN. SIPANI – HUNGWE: Thank you Mr. President for allowing me to second the motion. If you may allow me to narrate this in my mother language.
HON. SEN. ENG. MUDZURI: I do not think the report is complete. He did not read the annexures, Table A, B, C, D, E so that we know who is who. The report is not complete. Can it be completed?
THE HON. DEPUTY PRESIDENT OF SENATE: The report is not going to be debated and it is going to be sent to you with the full details. Hon. Sen. Hungwe, you may proceed.
I lay the report and its recommendation on the Table and ask that it be adopted.
HON. SEN. SIPANI – HUNGWE: Thank you Mr. President for allowing me to second the motion. If you may allow me to narrate this in my mother language.
HON. SEN. ENG. MUDZURI: I do not think the report is complete. He did not read the annexures, Table A, B, C, D, E so that we know who is who. The report is not complete. Can it be completed?
THE HON. DEPUTY PRESIDENT OF SENATE: The report is not going to be debated and it is going to be sent to you with the full details. Hon. Sen. Hungwe, you may proceed.
*HON. SEN. SIPANI-HUNGWE: Thank you Mr. President for giving me this opportunity. I would like to thank Hon. Togarepi for this motion which culminated in the formation of the privileges Committee which carried out investigations to look at the circumstances surrounding what transpired on that particular day. Mr. President, let me support the motion by saying that in our African culture, when an adult comes we are expected to stand up for him to demonstrate that we honour and respect our elders.
If we walk out when our elders enter into the august House, it means that we do not respect them. Whether it is a relative visiting you, it is not acceptable that when they walk in, you walk out. I would like to talk about what happened when the MDC Alliance members failed to respect His Excellency the President Dr. E. D. Mnangagwa who is also the Commander in Chief of the Zimbabwe Defence Forces. This was a deliberate ploy to tarnish his image globally so that the international community would conclude that he was not elected and also that he did not win the presidential elections. However, we know when elections came, there were several people who competed for the same position and whoever emerged as a winner took leadership.
This demonstrated that we only want to denigrate and despise other people. People know that Dr. E. D. Mnangagwa won the 2018 harmonized elections. We know that and we heard the Chairman of the Committee Hon. Samukange presenting his report saying that this is a collective effort which came out after deliberations within the party. Yes, it is good to have opposition but we need to know that we are all Zimbabweans, if we ask each other about our identity you will discover that we are related one way or the other. It does not matter whether you belong to the ruling party or to the opposition party.
So we are saying that there should be no repeat situation of what happened when the opposition members walked out because this means that wherever you go, you are identified as a Zimbabwean. Let me not waste time but proceed looking at the deliberations that were done by the Committee which saw it fit to make a decision so that there is no repeat of this kind of behaviour. We must know that even the salaries that we are getting are not much but at least we have something and it is said that we are going to have an increment, we were given cars that we are using as Hon. Members even passports, no one is new here and some have been around for quite some time. We have requested time and again that we want diplomatic passports and this was done long back, but His Excellency the President saw it fit that every Hon. Member deserves to be given a diplomatic passport because of their position.
We see some people going out to invite sanctions using those diplomatic passports that make it easy for them to travel abroad. These are the same beneficiaries who invite sanctions upon their own nation just because they are bitter that Zimbabweans did not vote for them and they voted for Dr. E. D. Mnangagwa. This is a beautiful country, in other countries you do not get such things happening. I am 60 years old, I have not seen these things happening in other countries. Those who have televisions saw this happening, some heard it on radios when the Constitutional Court was convened, issues were deliberated in the public and in was determined that Dr. E. D. Mnangagwa won the elections; V11 forms were requested and there was no evidence to support the opposing letters.
It is important that if someone is voted for and inaugurated, other countries will come and witness the inauguration, then we need to honour and respect that. Let us not despise our august House, that is why we are called Hon. Members. Being honourable means that you are honoured, even those who voted for us are not happy when they see such behaviour. Some end up questioning saying, ‘how come you are singing songs of other political parties in the august House?’ This should be done at rallies not in the august House. However, when we come to this august House, we need to sit down and deliberate as adults. So I am saying that Mr. President, I support the report that was presented by our Chairman Hon. Samukange and all that is contained in that report. We know that even when a child breaks house rules, they should be disciplined.
I support the report that was presented by our Chairman Hon Samukange and all that is contained in that report. We know that even when a child breaks the house rules there should be discipline. So l am saying I do not think this will happen again. It happened and it is history. It should end there. Let us honour and respect our President of the Republic of Zimbabwe. The President is saying, let us come and talk. Today he is in Victoria Falls with other leaders of political parties because he knows that we are one nation. Let bygones be bygones. Let us walk together. Everyone is allowed freedom of speech.
You can do whatever you think and believe in but when we look at the Lower House, this House is more senior. In the Lower House, there are some young people who might think that this is good. Fighting is not a good thing. It does not produce good results but if there are things that are wrong, people need to engage and talk. These issues were deliberated even in the highest courts in the nation and the courts made a decision that Dr E. D Mnangagwa is the legitimate President for the Republic of Zimbabwe. I thank you.
THE HON DEPUTY PRESIDENT OF SENATE: Standing Order Number 117 provides that every Senator against whom any charge by way of motion has been made and whose conduct having been heard in his or her place must withdraw while such charge is under debate and must take no further part in the proceedings.
The Senate will therefore allow for the adjournment of debate in order to allow Hon. Senators to go and study the report so that they may come and give their responses to the House.
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, 25th March, 2021.
MOTION
LEAVE TO MOVE RESTORATION OF CONSTITUTION OF ZIMBABWE AMENDMENT BILL (NO. 1) ON THE ORDER PAPER
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON ZIYAMBI): I move for the restoration of Constitution of Zimbabwe Amendment Bill (No. 1) which was superseded by the end of the Second Session of the Ninth Parliament on the Order Paper.
Motion put and agreed to.
MOTION
RESTORATION OF THE CONSTITUTION OF ZIMBABWE AMENDMENT BILL (NO. 1) ON THE ORDER PAPER
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON ZIYAMBI): I move that the Constitution of Zimbabwe Amendment (No.1) Bill that was superseded by the end of the last session be restored on the Order Paper. The reason why we could not proceed is that the previous time when it was on the Order Paper, we had to make an application for an extension and the court reserved judgment. They did not allow us to proceed with business of the House in terms of that amendment. Now that the judgment is out and they have given us a green light and a timeframe to do that, I now move that it be restored on the Order Paper so that we can proceed to dispose with business of Constitution Amendment No. 1
Motion put and agreed to.
MOTION
REPORT OF THE THEMATIC COMMITTEE ON SUSTAINABLE DEVELOPMENT GOALS (SDGs) ON VELD FIRE MANAGEMENT
HON SEN. CHIEF MTSHANE: I move the motion standing in my name that this House takes note of the report of the Thematic Committee on Sustainable Development Goals (SDGs) on Veld Fire Management.
HON SEN MUZENDA: I second.
HON SEN. CHIEF MTSHANE: Thank your Mr. President for giving me this opportunity to present the Committee’s report on veld fire management. If you may allow me Mr. President to start with the introduction of the report.
1.0. Introduction
In recent years, environmental management and sustainability have gained recognition in the world over. Efforts have been made by nations to demonstrate the serious attention that environmental management and sustainability deserve. The United Nations Conference on Sustainable Development which took place in Rio de Janeiro, Brazil on 20-22 June 2012 resulted in a focused political outcome document which contains clear and practical measures for implementing sustainable development. In Rio de Janeiro, Member States launched a process to develop a set of Sustainable Development Goals (SDGs), which were built upon the Millennium Development Goals and converge with the post 2015 development agenda. The United Nations Conference on Environment and Development, through the Earth Summit held in Rio de Janeiro, Brazil on 03-14 June 1992 also presents a testimony of governments’ commitment towards a sustainable environment. The main Government institutions involved in fire management in Zimbabwe are Environmental Management Agency, Forestry Commission, Agricultural Technical and Extension Services and local authorities. Their roles include awareness raising, education, capacity building and enforcement of fire legislation.
As part of its oversight role, the Thematic Committee on Sustainable Development Goals embarked on a verification visit to assess and appreciate the measures being employed by the Ministry of Environment, Climate Change, Tourism and Hospitality Industry through the Environmental Management Agency in curbing veldfire. The measures are aimed towards attaining SDG 15 “To protect, restore and promote sustainable use of terrestrial ecosystem, sustainably manage forests, combat desertification and halt land degradation and biodiversity loss”. The visit sought to apprise the members on how the Ministry of Environment, Climate Change, Tourism and Hospitality Industry is upholding its policy towards mitigating the impacts of veld fire.
2.0. Objectives
- To assess the effectiveness of the measures put in place in curbing veld fires as part of efforts towards achieving targets under SDG 15 “To protect, restore and promote sustainable use of terrestrial ecosystem, sustainably manage forests, combat desertification and halt land degradation and biodiversity loss”.
- To appreciate the challenges being faced by communities in curbing veld fires.
3.0. Methodology
The Committee received oral evidence from Mr. M Munodawafa, the Permanent Secretary for the Ministry of Environment, Climate Change, Tourism and Hospitality Industry and Mr. S Kangata, the Director from the Environmental Management Agency on the measures being used to control veld fires in the country. It is from this oral evidence meeting that prompted the Committee to undertake the verification visits to Hunyani Farm in Zvimba District, Lupane Ward 7, Umguza ward 24, Hilton Farm and Land-mill farm in Umzingwane District.
4.0. Committee Findings
The following sections summarises the Committee findings and observations on the legislative framework on veld fire management and control, and at the visited areas during the verification exercise.
4.1. The Legislative Framework on Veld Fire Management and Control
The Government of Zimbabwe has put in place several legislative provisions with regards to veld fire management and control. It is a requirement under Statutory Instrument 7 of 2007 (EMA 2007) that any land users, owner or occupier of any land should put in place fire prevention mechanisms. The regulations compel land users, owners and occupiers to have pre-suppression, suppression and post-suppression measures in order to curb veld fires. According to Statutory Instrument 7 of 2007 as read together with Environmental Management Act (CAP 20:27), no person is allowed to light a fire outside residential and commercial premises during the period July 31 to October 31 of each year, which constitutes Zimbabwe’s fire season.
The Traditional Leaders Act (29:17) of 1998 empowers traditional leaders to apprehend and prosecute environmental offenders including those that breach veld fires regulations. Parks and Wildlife Act (CAP 20:14) of 1996 (Parks and Wildlife Act 1996) also have measures that are in place before the start of the fire season in order to avoid and curb veld fires. The measures include putting in place standard fireguards that are at least nine m wide for external boundaries and at least 4.5 m wide for internal boundaries. In an attempt to reduce the impact of fires in protected forests, forest fire protection measures are mandatory under the Forest Act (CAP 19:05) of 1996. These fire protection measures include; controlled burning of fireguards around selected areas of productive forest; maintenance of fire lines by disking or hand scuffling; the inclusion of fire protection clauses in the agreements in timber concession, commercial grazing and areas leased for safari operations. The Forestry Act of 1996, also prohibit smoking in a State or private forestry and that anyone who throws away burning material shall be guilty of an offence and is liable to a fine or six months in jail or both.
Despite the existence of such an array of regulations, the biggest challenge is the lack of enforcement mechanisms. For instance, fines and imprisonments are hardly applied to those found breaking the law. Besides lack of enforcement, the fines and penalties imposed on people who start any fires are also very menial and not deterrent. Moreover, perpetrators are not legally obliged to compensate victims for the damage. This is particularly so, given that identification of the perpetrators is often difficult. In addition, the legal process to prosecute the perpetrators is very long. According to EMA, the process of prosecution of environmental crimes in the country’s courts takes too long with some cases dating as far back as 2010 receiving judgments only two years later.
4.2. Findings at Visited Areas
4.2.1 Hunyani Farm: Bee-Keeping Project
The Committee visited the Shanduko Bee-Keeping Project at Hunyani Farm in Zvimba which is a fire management project. The Project started in 2017 with a membership of 32 women. The objective of the project was to protect the environment from veld fires whilst at the same time ensuring self-sustenance. It was alluded by Mr Kangata that the women decided to start this bee-keeping project after realising that the forests were being destroyed by fire every year. They contacted the Zvimba Rural District Council offices in Murombedzi and informed them of their intended project and were advised to come up with a project proposal which gave birth to the project in-discussion.
Shanduko Bee Project partnered with the department of Agricultural Technical and Extension Services, Ministry of Women Affairs, Gender and Community Development, Forestry Commission, Zvimba Rural District Council and Environmental Management Agency. In the partnership, Zvimba Rural District Council and the Environmental Management Agency donated 64 bee hives, harvesting suits, two overalls, two smokers, a protective hat and wax for the project in 2017. The project members started using the donated equipment in 2018 and it took time for the hives to attract bees with only nine hives attracting bees that year. Honey harvesting started in November 2018 and they got 62 bottles of honey. The Chairperson of the project highlighted that the harvest was not big enough to supply a large market and their readily available clientele was the Apostolic Faith sector (Mapositori) from within their community. The Committee was informed that members of the project decided to decentralise the project to other areas in Zvimba which are Pioneer and Braeside Farm with each allocated 20 active beehives while 35 active beehives remained at Hunyani farm. This was meant to expand their threshold of conserving the environment from veld fires through engaging other surrounding farms.
Shanduko Project Members and traditional Leaders highlighted that occurrences of veld fire have been reduced since inception of the project and hence applauded the women of Shanduka Bee-Keeping Project for their initiative which was contributing positively towards curbing veld fires and improving livelihoods of its members through income generation project.
Shanduko Bee Project members highlighted that they face major challenges to the project that included termites and ants’ invasions that destroys the hives. Another challenge that was highlighted was that of theft from illegal gold miners in the area. They did not have enough resources to secure the areas. They mainly relied on members who stay closer to the hives to monitor and keep watch over the hives. They indicated that most of the perpetrators were not from that community but they come from the surrounding areas scouting for gold and when they cannot find it, they resort to stealing from the bee hives. Moreso, these illegal gold miners were also the culprits causing veld fires in the area.
4.2.2 Lupane Ward 24: Fire-Fighting Team
The fire-fighting team was trained in March 2016 and is composed of both males and females. Fire-fighting trainings were done and coordinated by the Forestry Commission, Environmental Management Agency and the Lupane Rural District Council. After the training, fighters were given tools such as shovels, rakes, fire beaters and knapsacks for water spraying to use during fire-fighting. The fire-fighters made a brief demonstration to the Committee of how they were trained to fight veld fires as a way to show that they clearly comprehended what they were taught during trainings and that were able to practically apply the knowledge in real life situations.
A village head for Gundwani A1 Farm highlighted that veld fires in his area were a result of negligence by the community. This led to the establishment of Veld Fire Prevention Committees in the Gwayi Conservancy. The Committees were trained and the training also cascaded down to village level as villagers usually came on board to assist in curbing the fire as soon as there is an outbreak.
The fire-fighting teams have challenges of limited fire-fighting equipment and of transport to take people to the location where the fire would have started especially when there is an outbreak at a far distant area. The teams were expected to take the leading role whenever there is fire outbreak. However, they did not have suitable clothing such as safety shoes and as such, some would be wearing sandals (mapatapata) which slows them down and at times makes it difficult to reach other places in fear of their own safety. Despite those challenges, fire-fighters thanked Environmental Management Agency, Forestry Commission and the Local Authority for training them. They highlighted that the training had helped to reduce the occurrences of veld-fire in the area to a great extent.
They were also facing challenges from A2 farmers since the farmers do not have many workers and some of the farms were not occupied. Fire from these areas brings a lot of problems because there is no enough manpower to curb the fires. Thus, they made a plea for A2 farmers to employ a number of workers on their farms so that whenever there is fire outbreak, they should attend to it before it spread out. They also underscored the need for A2 farmers to construct fireguards around their farms as provided for in the legislation.
Traditional leaders in Lupane complained that they did not have power and the authority over A2 Farmers which however contradicts with the Traditional Leaders Act (29:17) which prescribe traditional leaders as the custodians of communal land. The community highlighted that most of the fire outbreaks emanate from A2 farms which were not occupied. Some farms have not been occupied for the past 20 years and therefore they requested that the Ministry of Lands, Agriculture, Fisheries, Water and Rural Resettlement should consider resettlement of some people in those farms so that there may be compliance to Statutory Instrument 7 of 2007 in terms of fireguard construction around the farms.
4.2.3 Umguza Community: Veld Fire Prevention Measures
The Umguza community like any other community in the country face problems of veld fires. The Committee was informed that fire usually emanates from the Forestry Commission gazetted areas in Mandundumela and at times it takes three weeks for the fire to extinguish. The community therefore requested Forestry Commission to construct pre-suppression measures like fireguards in their gazetted forests as provided for in legislation.
The community pointed out that the major people who cause fire were hunters and bee smokers who after lighting up the fires they just leave and do not put off the fire. The other drivers were cattle herders on their way to and from the cattle market sales. Mostly these cattle herders sleep on their way and they often use fire to keep them warm during the night. At sunrise they will continue their journey leaving behind fires which will then spread. Cigarette smokers also contribute to veld fires from cigarette stubs left burning.
The Committee was informed by the fire-fighting team that they face challenges of walking long distances to reach the places where they have to construct fireguards since the area is very big. The other problem was that the stretch of the fireguard is supposed to be 23km which is too long. The community therefore appealed to the local authority for equipment to use in fireguard construction such as a tractor. It was also highlighted that most of the people in the community were elderly and it is difficult for them to travel long distances to put out a veld fire.
4.2.4 Landmill Farm (Umzingwane Distrisct): Hay Bailing
The farm owner indicated that he is involved in hay bailing activity and every year he produces about 300 bales of hay. This is an initiative that was introduced by the Environmental Management Agency with the aim of reducing biomass in the area. It was reported that other people in Umzingwane area were also undertaking this initiative as well as constructing fireguards around their farms. The Environmental Management Agency is educating them on veld fire prevention methods (fire-guard construction) and fire-fighting techniques.
It was highlighted that veld fire occurrences were last witnessed in 2017 and they were mainly caused by gold miners who use metal detectors. They therefore, appealed to the Committee to engage relevant Government departments to act on these gold miners especially on the use of metal detectors. Members of the community also registered their displeasure that the graders at district offices were too expensive for them to hire in constructing fire guards. It was further brought to the attention of the Committee that some farms had absentee landlords and these were the sources of most veld fires. They also appealed to local authorities, Forestry Commission and Environmental Management Agency for fire-fighting equipment such as fire-beaters, knap sack sprayers and safety clothing.
4.2.5 Hilton Farm (Umzingwane District): Hay Bailing
The Hilton farmer is also involved in hay bailing project and make more than 2500 bales every year. Of these, some were for sale while others were for livestock feeding at the farm. The Committee learnt that the farm covers 30 hectares and it also houses How Mine Gold Mining Company. Artisanal miners were blamed for causing veld fires in the area through their use of metal detectors in search for minerals. The farm owner highlighted that he designed a rewarding system to all those who report culprits who starts veld fire.
On challenges, he indicated that there was inadequate equipment for use in hay bailing. Artisanal miners who were using metal detectors in search of minerals also pose as a major challenge. The Committee was informed that there is no law which prohibits use of metal detectors. These sentiments were also echoed by Mmembers of the Republic Police who attended the meeting. They indicated that without a law, they could not prosecute small gold miners with prospective licences for use of metal detectors.
4.3 Committee Observations
- The Committee noted that there were no comprehensive early warning systems at all visited areas. Early warning is one of the most critical aspect of fire management. Early warning, though not very comprehensive but coupled with fire communications, played a pivotal role in increasing the community’s response to fire outbreaks at all visited areas. The Committee however urged EMA to assist local farmers to improve fire monitoring and early detection.
- The Committee observed that enforcements help in preventing veld fires. Traditional leaders ability to enforce traditional ways of prevention is key towards curbing veld fires. Traditional leaders were closer to the people and command power in their areas. Payments of cattle as penalties to the chiefs or village headmen by veld fire offenders was deterrent. These measures therefore, reduce the occurrence of veld fires in rural communities.
- The Committee noted that punitive measures on offenders were good enough to deter people from causing veldfires if these punitive measures are well enforced and stringent enough as indicated by the members of the Zimbabwe Republic Police who were in attendance at visited areas.
- The Committee noted that there were no visible signages for veld fire alerts with inscriptions on where fires can be reported in rural areas. Without coordination, the risk of fire spread is high and thus exposing properties to veld fire risks and damages. Therefore, a carefully managed fire control strategy is needed in rural communities to produce desired results.
- The Committee observed that the Ministry of Environment, Climate, Tourism and Hospitality Industry through its parastatal EMA did not have veld fire protection plans in-terms of fire guards construction. An effective fire protection plan will reduce the impacts and spread of veld fires. There is need for an integrated veld fire management approach which does not only focus on protection from fire but a system that takes consideration of other aspects of veld fire management such as education in fire guards construction in rural communities.
- The Committee noted that most residents attained educational information on veld fire management practices in their wards. This shows that the veld fire management measures established by EMA were effective. The Ministry of Environment, Climate Change, Tourism and Hospitality Industry through its parastatal EMA has managed to reach out to the villagers.
- The Committee witnessed both male and female fire fighters practically demonstrating how they coordinate to extinguish veld fires, thus putting their learnt theory into practice. This showed community commitment towards the fight against veld fires and pointing to the notion that fire management is everyone’s responsibility. However, the Committee expressed concern on the cutting down of tree branches rather make fire beaters using worn out car tyres in the fight against veld fires.
- The Committee noted with concern that in most parts of the country, some A1 and A2 farms were vacant and have no fire guards constructed around them and these farms were used by hunters who are the major culprits in veld fires. These vacant farms aides towards the violation of Statutory Instrument 7 of 2007 which obliges land occupiers to have the prerogative right to put in place fireguards surrounding their lands.
4.4 Committee Recommendations
- The Committee recommended that the Ministry of Environment, Climate Change, Tourism and Hospitality Industry should review the fines and penalties that are being imposed on those perpetrators who are causing veld fire since the existing ones are not deterrent enough by December 2020.
- The Committee recommended that the Ministry of Environment, Climate Change, Tourism and Hospitality Industry should ensure that environment protection be part of the Command Programme through the Environment and Conservation Subcommittee by February 2021.
- The Committee recommended that the Ministry of Lands, Agriculture, Fisheries, Water, and Rural Resettlement should ensure that 20% of the tax from agricultural land use should be used to equip farmers with fire fighting equipment as well as road servitude and grass cutting equipment in rural areas by December 2020.
4 The Committee recommended that the Ministry of Environment, Climate Change, Tourism and Hospitality Industry should ensure Environmental Management Agency and Forestry Commission conduct vigorous awareness campaigns on the need to curb veld fires starting February of each year.
5 The Committee recommended that the Ministry of Lands, Agriculture, Fisheries, Water, and Rural Resettlement should re-visit the allocation of A1 and A2 farms in areas that are not occupied and make sure these farms are settled by year 2021.
6 The Committee recommended that the Ministry of Local Government and Public Works in consultation with the Treasury should provide funding to rural local authorities for the purchase of tractors to facilitate the construction of fireguards that separates rural wards in their areas of jurisdiction by year 2021.
7 Lastly, the Committee also recommended that the Ministry of Local Government and Public Works should award traditional leaders with more power to control the A1 and A2 farmers through declaring these areas under the jurisdiction of traditional leaders by December 2020.
4.5 Conclusion
Veld fires are posing serious challenges to environmental sustainability in the country as they destroy crops, soil fertility, vegetation and animal species indiscriminately. As observed by the Committee in areas visited, most veld fires are a result of careless human activities. The veld fire prevention and mitigation strategies that are being employed by the Ministry of Environment, Climate Change, Tourism and Hospitality Industry and its parastatals are proportionately minimising the occurrences of veld fire in the country. The establishment of fire fighting and bee-keeping teams had an important role in fire management. The teams effectiveness was however affected by lack of adequate equipment. Grass cutting for thatching by farmers and hay baling played an effective role in reducing the spread of fire. Although hay baling was not directly done to control fire, it contributed to improved fire control. Thus, it can play an important role in fire management. Much still needs to be done in the fight against veld fires.
Thank you very much Mr. President.
+HON. SEN. S. MPOFU: Thank you Mr. President Sir. Thank you for according me the opportunity to contribute to the motion on veld fires that are a menace in the countryside. I would like to thank the Chairperson of the SDGs Committee, Hon. Senator Mtshane Khumalo for bringing up this report on how we can eliminate veld fires in the rural areas.
I was part of the team that went for these visits, whose task was to see what measures can be done so that people do not start fires. The tour started in Mashonaland West at Hunyani Farm where we saw the Shanduko Bee Keeping Project. What excited me is that this project is made up of women only. There are 32 women who have a bee keeping project.
How do bees help prevent veld fires? Bee hives are placed in gum tree plantations and because there will be bees, they would make sure that they safeguard their bees from uncontrolled fires. These bees help them get money during harvesting. This project comprises of Agritex officials, Ministry of Women’s Affairs, Forestry Commission and Zvimba Rural District Council (RDC) to see that they help these ladies. EMA and Zvimba RDC gave them 64 bee hives to start up this project. They said they have managed to harvest and they are selling the honey to the local community, especially the apostolic sect in the area who are the ones who help them to see that their bees are safeguarded from uncontrolled fire. However, there are challenges that they encounter in their task. There are artisanal miners who will be looking for gold. They are the ones who start up fires and leave these fires uncontrolled.
We also went to Ward 24 in Lupane. Here they were saying they have been taught the process of fire fighting in 2016. This project comprises of both women and men and have been given equipment to use in fire fighting like shovels, rakes, containers to carry water for fire fighting. They are saying fires are started by people within the community. Most of the fire emanates from A1 and A2 farms. The challenge is that owners of these farms do not stay there. They have left workers and these workers and abandon the farmers and the workers will go to nearby farms to look for employment and if fires start, there is no one to attend to the fires. In Umguza they also complain of the same challenge of veld fires. The area is surrounded by the Forestry Commission and once fire is started in this forest without anyone monitoring, the fire may go for a week without anyone fighting it until it gets to the nearest communities. For people to get to where it is emanating from, it is a bit far and becomes a challenge for them to go and fight the fire. In the same area, veld fires are also created by people who are doing bee keeping who normally use fire to harvest and in most cases leave that fire unattended to and then it spreads to the rest of the forest.
Our plea is that Government or EMA provides scotch-carts to help them ferry water that they use to fight such fires because even if they are to fight the fires without enough water, it becomes a challenge because with the distances that they walk and with the small water containers that they will be carrying, they are unable to fulfil their mission of fighting the veld fires. They also need appropriate clothing for fire fighting because most of them will be wearing shoes that are not appropriate for that task.
THE HON. DEPUTY PRESIDENT OF SENATE: Order, I am informed by Hansard that there is a technical fault and interpretation is not coming out but you can continue.
HON. SEN. S. MPOFU: Thank you Mr. President, I was almost about to end my debate. Villagers were appealing for protective clothing for people to wear when they fight the fire. As such, they will be forced to walk long distances to go to where the fires are and by the time they go there they will be tired. They are appealing for transport like tractors, scorch-carts to take them to where the fires would have started. They are also appealing that the court deals with those that start veld fires.
The punishment that is given now is not deterrent enough because a person who starts a fire will be seen roaming around the village yet he would have caused so much damage to the area. They appealed that traditional leaders be given powers to deal with those who start fires. With these few words Mr. President, I thank you.
*HON. SEN. KOMICHI: Thank you Mr. President for affording me this opportunity to debate on this important motion. Mr. President, I am worried about the people who cause veld fires especially in rural areas. Fire is causing more damage by destroying the climate, grass and even the leaves which must act as fertilizer. The destruction of these things by fire can be prevented by us human beings. We can prevent that. Chief Mtshane said that if people erect fireguards on their farms, we can drastically reduce veld fires. It does not cause more destruction like when there are no fireguards. People in these areas are encouraged to follow the procedures or the law to erect fireguards on their farms.
The issue of erecting fireguards must not be optional, but must be law. There is need for a command for it to be successful. Fireguards are not a new thing, they were there a long time ago. Why can we not erect fireguards on our farms as we have the same competence and skill like those which were used in the past? Therefore, if we are doing our things, we must employ the better way compared to what was done in the past. We are now a modern people, which means we have better understanding compared to the past. Long ago, there was little technology but right now we are being seen as failures compared to the past. People who cause fires or those who do not erect fireguards must be given stiffer penalties so that they act swiftly when there is fire.
Burning of the environment, including cutting down of tree causes more destruction to our way of life. Right now we are receiving erratic rainfall and the rivers and dams are being silted, dams are quickly filling up with soil because this is caused by the cutting of trees and burning of grass. Trees and grasses act as a barrier in terms of avoiding the washing away of soil. As human beings, we also need oxygen and if we cut down trees that leads to desertification which causes more troubles in our livelihoods.
In many areas where the issue of deforestation is being done there are no leaders. Why is it that we are not giving our chiefs the power to preside over A1 or A2 farms? When you look at most farming areas, there are no recogniszed chiefs but when you move away from these farms we see that there are chiefs. Why is it that the chiefs are not given the power to preside over farming areas? Chiefs must be given more power and authority to preside over those issues. We must give chiefs more power to look after our environment so that we can hold them accountable for whatever is happening in their area of jurisdiction. There must rules and regulations that govern the young people so that they are guided in terms of doing everything they can in the protection of the environment. Sometimes it is impossible for police officers to travel from their respective camps and go to where there is burning fire, it takes a long time. Therefore, I am in support that the chiefs must be given more powers. If we do this, we will be able to conserve our environment. The Ministry of Lands must be able to supervise and monitor where there are no fireguards and advise the traditional leaders accordingly. I thank you.
*HON. SEN. GUMPO: I would like to thank the Chairperson of the Committee for bringing this report to this House. I am very much concerned about veld fires. There were colonial masters in this country, but growing up, I used to see one thing which was done by colonial masters - it was the issue of fireguards. Those who are of my generation can give a testimony on this issue that during that time in the 1950s, you could not see any veld fire in any place.
We know that there were a few people in the country around that time. At independence, this country had a population of 5 million, but right now we are around 15 million, which means the issue of fire also rose in numbers in tandem with the population. The penalty which was there during the colonial days – I am not saying we must use the colonial rules which were used by colonialist, but they said if you caused a veld fire today, you liable for a stiffer penalty of one year; when that grass you burned had grown to be at the stage which you have burned it. The issue of veld fire was a very scary thing in the country.
Mr. President, personally I have been trying to solve the issue of fire for a year. I went to the Legal department and asked for the Fire Act in 1995. I read the Act. I have all the details and the fines which are there for the person who starts veld fires, how much he or she is going to pay. All the details are there but on those fines, most of the time if you commit a crime; you see it on the headlines in the Press, on the social media, that this person has done this and has been given such penalty. On the issue of fire there is nothing. The Press is not covering. Fire causes more destruction. I heard the Senator saying it causes degradation. If there is veld fire, there is no grass, there are no trees and when rain season comes, there is a lot of erosion. All the mud and soils go into our dams and rivers. Right now, we have inappropriate percentage. Our dams right now are being said to be at 75% to 95% full but we do not know the amount of sand which has gotten into those dams and rivers. For how many years have the erosion been taking place and the soil filling up those rivers? As the House of law, we must enact laws and those records and reports – yes EMA gives us yearly reports but they did not give us the amount of sand which is being eroded into the rivers and dams.
During the weekend, I was in Kariba doing follow up on the issue of degradation and siltation which affects even big rivers like Nyathi River that cuts across the country. The river starts at higher places cutting across the whole country. When it gets into Zambezi, the sands are very thick, which means there is sand and stones being eroded into that river. There is mining which is happening in the upstream of Sanyati River. When there is no running water all the soils are loosened and are going to be eroded into the river. Right now we have an exercise at Kariba Dam to look at the impact of sand towards the power station. Is it going to reach the power station? How many years does it take? Is it 50 years? Is it 100 years before it totally seals the dam? I went to ZRAA to Kariba to request the information. They are going to make that information available so that we study and know the amount of sand which is being eroded into the dam. It is not Sanyati only, we also have Gwayi and other rivers that all flow into Zambezi. Across the Zambezi, there are also rivers which come from Zambia and there is also sand which is being eroded into Zambezi. Therefore, the damages being done by fire is big compared to the damage which is done by the sanctions into our country.
We are trying and Government must help us with information so that we can be able to measure the damage which is called by veld fires in terms of degradation, siltation and burning down of trees. How many trees are being burnt down every year? We hear that about one million hectares every year is burned in this country. This is just an estimate. I think it is not a proper measurement. Therefore, what can we do to control these fires? I thank you Chairperson for this report which has provided all the details and observations. It has zeroed-in a lot of problems which are caused by veld fires. I thank you.
HON SEN. CHIEF MTSHANE: Mr. President, I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 25th March, 2021.
On the motion of HON SEN. CHIEF CHARUMBIRA, seconded by HON. SEN. CHIMBUDZI, the House adjourned at Twelve Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 23rd March, 2021
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. PRESIDENT OF SENATE
SWEARING IN OF A NEW MEMBER
THE HON. PRESIDENT OF SENATE: Following the death of Hon. Sen. Ellen Gwaradzimba, Senator for Manicaland Province, the ZANU PF party duly appointed Hon. Sen. Dorothy Mabika a party list Member of the Senate with effect from 19th March, 2021.
Section 128 (1) of the Constitution of Zimbabwe provides that before a Member of Parliament takes his or her seat in Parliament, the Member must take the oath of a Member of Parliament in the form set out in the Third Schedule. Section 128 (2) states that the oath must be taken before the Clerk of Parliament. I therefore call upon the Clerk of Parliament to administer the oath of a Member of Parliament to Hon. Sen. Dorothy Mabika.
NEW MEMBER SWORN
HON. SEN. DOROTHY MABIKA subscribed to the Oath of Loyalty as required by the law and took her seat – [HON. SENATORS: Hear, hear.] –
ERROR ON THE ORDER PAPER
THE HON. PRESIDENT OF SENATE: I have to draw the attention of the Senate to an inadvertent error on the Senate Order Paper, where today’s date is reflected as Thursday, 18th March, 2021 instead of Tuesday, 23rd March, 2021.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MUZENDA: Thank you Madam President. I move that Orders of the Day, Numbers 1 to 8 on today’s Order Paper be stood over until the rest of the Orders of the Day have been disposed of.
HON. MATHUTHU: I second.
Motion put and agreed to.
MOTION
REPORT OF THE 47TH PLENARY ASSEMBLY SESSION OF THE SADC PARLIAMENTARY FORUM HELD VIRTUALLY IN NAMIBIA
Ninth Order Read: Adjourned debate on the Report of the 4th Plenary Assembly Session of the SADC Parliamentary Forum held virtually in Namibia on 9th October, 2020.
Question again proposed.
HON. SEN. MOHADI: Thank you Madam President. I move that the debate do now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE 5TH ANNUAL GENERAL MEETING OF THE AFRICAN PARLIAMENTARIANS NETWORK ON DEVELOPMENT EVALUATION (APNODE) HELD IN ABIDJAN
Tenth Order read: Adjourned debate on motion on the Report of the Zimbabwe Delegation to the 5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE).
Question again proposed.
HON. SEN. MUZENDA: Madam President, I move that the debate do now adjourn.
HON. SEN. KHUPE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
MOTION
REPORT ON THE VIRTUAL EXTRAORDINARY SESSION OF THE GOVERNING COUNCIL OF THE INTER-PARLIAMENTARY UNION (IPU)
Eleventh Order read: Adjourned debate on motion on the Report of the Extraordinary Session of the Council of the Inter-Parliamentary Union.
Question again proposed.
HON. SEN. MUZENDA: Madam President, I move that the debate do now adjourn.
HON. SEN. MKWEBU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
MOTION
BUSINESS OF THE SENATE
HON. MUZENDA: Madam President, I move that we revert to Order of the Day, No. 6 on today Order Paper.
HON. SEN. MKWEBU: I second.
Motion put and agreed to.
MOTION
REPORT OF THE JOINT PORTFOLIO COMMITTEE ON YOUTH, SPORT, ARTS AND RECREATION AND THE THEMATIC COMMITTEE ON INDIGENISATION AND EMPOWERMENT ON THE STATE OF VOCATIONAL TRAINING CENTRES, THE EMPOWER BANK AND SPORTING FACILITIES
Sixth Order read: Adjourned on the report of the Joint Portfolio Committee on Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the state of Vocational Training Centres, the Empower Bank and Sporting Facilities.
Question again proposed.
+HON. SEN. MPOFU: Thank you Madam President for giving me this opportunity to debate on this matter on the Joint Parliamentary Committee of Youth and Indigenisation and Empowerment. The delegation was led by Hon. Sen. Mbohwa and Hon. Sen. Tongofa. We had oral evidence from the Ministry of Youth, Sports, Arts and Recreation, the Ministry of Local Government and Public Works and Empower Bank. We travelled to Masvingo, Midlands, Matabeleland South and North. We went to Mushagashe Training Centre and Mucheke Stadium. Thereafter, we went to Zvishavane Vocational Training Centre, Mandava Stadium in Zvishavane and Pangani Training Centre in Matabeleland South. We also went to Empower Bank in Bulawayo. Thereafter, we went to Umguza and Kaguvi Training Centres.
The Ministry officials spoke about their programmes on vocational training centres. They were looking forward to building structures for these vocational training centres. They want the curricula for these centres to be more or less like that of China for those that have left schools. VTCs are very necessary in that they help those who would have not attained five ‘O’ levels and fail to go to ‘A’ levels. These people are the ones who are catered for by the vocational training centres.
There are many people at vocational training centres but there is not enough accommodation for them. Most of these vocational training centres are too old. The classrooms and boarding places need to be refurbished so that the children can habitat and learn there. Most of the equipment for learning is now obsolete as it is over 30 years. These days we operate mostly on internet but these VTCs do not have computers. As a result, they are lagging behind on what is happening these days. At Zvishavane Vocational Training Centre, they were better off in that they were given 22 computers by Voltec Engineering which is something very commendable. Boarding facilities are not in order as they are old and they need to be refurbished so that the children can find the place habitable.
In some areas, the children are not able to stay on the campus. They stay in residential areas which are close to the college and this makes it difficult for them to carry out their studies at night. Most of the projects at these vocational training centres are not viable because Government does not disburse funds for their existence. They have gone for five years without any monetary assistance from Central Government. What made me happy at Umguza Vocational Training Centre, it is a new place which started in 2011, they have a dairy hub and dairy cows. The dairy hub was helped by the Dendairy so that they could embark on raring dairy cows. They have 20 cows and some machines that are able to help them diagonise diseases on their beasts. The machines can attend to four beasts at one time. What is problematic at this VTC is that they buy the fodder in foreign currency and yet they sell their milk in local currency. When they buy their stuff for the beasts they buy in foreign currency and as such, this is giving them a problem to go ahead with that project of theirs.
They also complained that when students are through with their studies they cannot be helped with implements so that they can start their own projects. There is need for Government to enable these vocational graduates to be given start-ups to buy the relevant items to start their businesses because they will have been educated on how to run the businesses. They need to be assisted in agriculture and motor mechanics because they need the relevant items to start their businesses.
We also went to Empower Bank. It is a bank that focuses on the youth. The bank caters for projects and businesses for the youth. In 2020, they loaned $9 million to 1500 youths. Unfortunately, this bank only has branches in Bulawayo and Harare. It is our prayer that they have branches in rural areas and other communal areas so that our people know that we have a bank that works with the youth. The other problem that faces the bank in Bulawayo is that there is an acting CEO and he has been acting for more than five years. Because of that, he is not able to carry out his duties freely without consulting the headquarters here in Harare. These VTCs have acting principals for over five years and that also adversely affects their work because they have been acting for too long which frustrates the office bearer.
Most VTCs have gone without carrying out their mandate because of these issues that I have alluded to. The machine is old and there is need for the Empower Bank to look for proper substantive CEO who will take the necessary steps instead of consulting all the time. There is a need also that if there are devolution funds, they should carter for the VTCs so that they can be helped. Most of the devolution funds carter for clinics and roads and we forget about VTCs. We therefore request that devolution funds carter for the VTCs so that they can carry over their mandates. Mr. President, I thank you.
^^HON. SEN. MOHADI: Thank you Mr. President for giving me this opportunity. I want to thank the committees that took time to go and see what is happening out there in the vocational training centres. For sure, what they found out there is not existing at all. It shows that people have forgotten how critical it is for us to have vocational training centres. This is where we take our children to as soon as they come out of school. The same VTCs are the ones that take our children who would have not performed well in their education but most of the VTCs are no longer operational, which makes most of the parents ignore taking their children there because they no longer have provision of accommodation for the children. In addition to issues that are happening in training centres, nowadays we have new technology but because these things are not offered in VTCs, most of our young children are no longer interested in going there because there are not enough computers in the VTCs which make it difficult for our children to learn.
We also realised that there is no budget specifically allocated to the VTCs. As such, these centres end up failing to get enough money for their operations. As we all know that without enough money, there is no progress. Therefore, for the VTCs to continue working, we need to encourage our children to make sure they continue to understand how our country is run and what the situation is like.
Mr. President, allow me to say, as an individual, I have been asking myself why in Beitbridge where I come from, we do not have a VTC. Right now when our children are going to these vocational training centres that do not have enough space for them, it becomes a challenge because they end up looking for accommodation elsewhere which becomes a problem. Most of them end up travelling long distances from where they stay to the centres; hence most of them end up abused. My plea to the Government is that they capacitate VTCs and make sure that they are always rehabilitated and ensure that in Beitbridge, there is a VTC which will take up children from that area.
Looking into the same issue, there are certain projects that they are supposed to be doing which include agriculture and sewing. These become a challenge to engage in when they do not have equipment to use in these projects. If only machines could be availed to these training centres to make sure that children fully utilise them. This will make it possible for those parents that do not have enough money to send their children to universities to take them to these centres whereby they get knowledge as to how to do different projects like farming, goat rearing and other wildlife. If the situation continues like this, our children appear to be lost.
Therefore, Mr. President, I would like to thank you so much for giving me this opportunity to add my voice on this motion so that people get to know that it is critical for vocational training centres to be availed to our communities so that our children finds something to do. With these few words, I would like to thank you Mr. President. Thank you.
*THE HON. DEPUTY PRESIDENT OF SENATE: I did not hear what you debated Hon. Sen. Mohadi, but I thank you – [Laughter.] –
+HON. SEN. MKWEBU: Thank you Hon. President of the Senate for giving me this opportunity that I may also debate on the motion which was moved by Hon. Sen. Mbohwa and her seconder.
On youths and indigenisation; those who use the Vocational Training Centres, I will talk about Gwanda, Guyu Training Centre. It is a beautiful centre but its present state makes it unattractive to its catchment area. It has very beautiful building structures but all the windows are broken. The centre has a lot of students doing their courses there. Some are engineers studying various fields there at Guyu.
However, the place is good but sometimes the centre runs without water and sooner or later, they will end up having a problem of non-availability of electricity. We recommend that Government should look into those matters and address such challenges at the Vocational Training Centres. Windows must be repaired because there are a lot of mosquitoes in Gwanda such that it gives students discomfort to an extent that they end up transferring to other colleges.
Pangani Vocation Training Center used to have mining structures which were quite beautiful and people used to go there and when it was turned into a VTC, other structures were also put up. However, the Government did not take care of these VTC’s structures like painting and roofing; some of these were affected by bad weather. Therefore, I recommend that the Government should budget for these Vocational Training Centres.
Looking at the quality of teachers at the VTC’s, the teachers engaged would have been aspiring to be there but because of the structures and conditions there, they end up transferring. Government should repair these places so that they can attract qualified teachers or lecturers. It was good that the students who would have failed to attain ‘O’ level or failed to proceed to ‘A’ level go to these VTC’s and do their programmes that involve their life skills. I thank you.
*HON. SEN. CHIMBUDZI: Thank you Mr. President for awarding me this opportunity so that I can debate supporting the report which was moved by Hon. Sen. Mbohwa on the issue of Joint Committee on Indigenisation, Youth and Sport. I want to thank Hon. Sen. Mbohwa for bringing the report in this august House. The report was presented here in the Senate and it touched on pertinent issues.
Let me talk on the issues of sports in Zimbabwe. Sports are very important to us as a country. There can be another form of employment for the youths and can also act as a form of entertainment. As a country, our stadiums are expected to be up to standard. Currently, the conditions of our stadiums are in a dilapidated state.
Our city fathers are not doing enough because stadiums fall under local authorities. They must see that our stadiums are renovated and are up to standard in order that they fit the criteria of the laws of the sports internationally. It seems that the city fathers do not budget for the refurbishment of stadiums. They leave out the stadium but I want to thank Hon. Sen. Mbohwa that all those things were addressed in the report when he spoke about the status of stadiums.
We also have experts in different sports fields but if we are not allowed to hold certain events because of the state of our stadiums, it is therefore, very pertinent for us to refurbish these stadiums.
On our VTC’s in the country; the Government has got a very good policy for establishing Vocational Training Centres. Our Government has got a vision that young people must grow up doing their own jobs through training at these Vocational Training Centres. The Youths are supposed to learn so that they can understand the jobs that they would be doing. It is not only Zimbabwe which has vocational training centres, even European and other African countries have these VCT’s because they understand that youths are the future of the country.
In our province, we have got Chaminuka Training Centre and therefore we are advocating for the budget that the VTCs will be able to execute their duties very well because there are many courses which are done there, like farming, livestock breeding and other projects.
Those who managed to complete these programmes are self-employed and are now doing their own businesses. Therefore, we see it fit for the VTCs to be financially equipped so that they can function properly. Even the lecturers who teach the youths at these VTCs must be given substantive positions and not acting positions for a long time. We see it fit that all those people who have acted for a long period of time must be given substantive positions because they have dedicated their time. They are there for the period they are acting and therefore Government must also look into all those things. It promotes hard work and productivity at different work places.
I want to thank you Hon. Sen. Mbohwa and the team which you traveled with that the report helps the Government to see the gaps which needs to be addressed. This report managed to address a lot of things which are lacking at different areas so that the country will have good expertise. I want to thank you as a Committee, including the Committee for Youth, Sport and Recreation. We support the report and we expect all those things to be rectified. Thank you Mr. President for awarding me this opportunity.
HON. SEN. MBOHWA: Thank you Mr. President. I move that the debate do now adjourn.
HON. SEN. S. MPOFU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
MOTION
REPORT ON THE PARLIAMENTARY LEADERSHIP FOR THE 2030 AGENDA WEBINAR SERIES: COVID-19 RESPONSE - LEAVING NO ONE BEHIND
HON. SEN. MUZENDA: Thank you Hon. President Sir. I move a motion standing in my name that this House;
Takes note of the Report on the Parliamentary Leadership for the 2030 Agenda Webinar Series: COVID-19 Response: Leaving No One Behind held on 15th February, 2021.
HON. SEN. SEN. MATHUTHU: I second.
HON. SEN. MUZENDA: Thank you Mr. President Sir. My report is very short and I would request that Hon. Senators pay attention, if I may say so. Some of the issues discussed in this paper has somehow been overtaken by events but all the same, I will be looking specifically at what we as Parliamentarians should do in order to be looking at the current COVID and also the response and how Parliament can put in place policies which are going to see our constituencies beyond COVID-19.
Introduction
This report is on the Parliamentary Leadership for the 2030 Agenda Webinar Series held under the theme, “COVID-19 Response: Leaving No one Behind.” The main aim of the Webinar Virtual Meeting was that the Parliamentary Leadership for the 2030 Agenda Webinar Series be held under the theme, “COVID-19 Response: Leaving No One Behind.” This was jointly convened by the Sustainable Development Solutions Network (SDSN) and Parliamentarians for the Global Goals on 15th February, 2021.
This was attended by Parliamentarians across the globe. The Webinar examined the negative impacts of the COVID-19 global pandemic, particularly on the vulnerable communities and healthcare systems. It also looked at how countries; as I have indicated earlier on, some issues have been taken over by events but I am happy that as a country, Zimbabwe now is very much ahead because COVID vaccine is now in place and moving on very well.
As the world moves towards vaccinating campaigns, the Webinar raised concerns that we should leave no one behind, particularly if we are looking at Zimbabwe, probably we might say, how far is our rural population aware and how far also with those living with disabilities and so forth. That was very key.
Parliament of Zimbabwe was represented by myself and Hon. Vincent Tsvangirai. There was very high input from panelists from all over the world, Prof. Jeffrey Sachs, the President of Sustainable Development Solutions Network co-chairing with Dr. Peter Hotex of COVID-19 Commission Task Force on COVID-19 Vaccines and Therapeutics - I cannot belabour you with some of the names. Again later when that report has been posted on our tablets, let us go through that.
Let me quickly look at what I think was very key, especially when we are looking at agenda 2030 and also looking at the health coverage. The outgoing President of the ITU, Hon. Gabriela Cuevas, had very important points which she indicated that as parliamentarians we should be looking at that and share our political leadership beyond health; leaving no one behind, regulate, legislate, invest more and better, move together not just in Harare, Gweru, Bulawayo and Masvingo, leaving others behind. On gender equality and emergency preparedness, how prepared are we if there is going to be another third wave of COVID-19?
I will not belabour on that because there are also other issues, the Lancet Laboratories were looking at many other things that countries should do. WEBINAR recommended that as Parliamentarians we should acknowledge the inequalities between the developed and developing countries in terms of resources, technological advancement and scientific research. In this context, parliamentarians called for the global action in combating the COVID-19 pandemic. Collective action will insure accessibility to the vaccine, leaving no one behind.
Mr. President Sir, I hope that all of us have been vaccinated, may I confess I took my time but this morning I went to Wilkins and I was very impressed, there were three sections that were dealing with that and I had to peruse some of the areas that I was not very clear about and now I am convinced that we are going to be very safe. Therefore, as parliamentarians, as we go to our different constituencies, I wish I had done it before because over the weekend when we are many you just flag at least your certificate to show that we have been vaccinated.
The COVID-19 pandemic presented an opportunity to channel more resources towards scientific research. Parliamentarians called on governments to regard science policy just as important as the foreign policy. Parliamentarians were called upon to exercise their representation role by engaging their constituencies hearing voices and enacting laws that address the people well being not ‘our wellbeing’. This will in turn review policies past COVID-19 pandemic for socio-economic recovery.
Parliaments were called upon to influence the finance ministries of their countries to allocate adequate funds. We are very happy so far that maybe we should say whatever Government has so far given to the budget in as far as COVID-19 is concerned, is adequate for the 10 provinces. I am stressing that I am very happy that the COVID-19 vaccine, at least 60% of the population is going to be vaccinated which is about 10 million. If we reach that then I will give ourselves a hand of applause.
Lastly, Mr. President, the recommendations were as follows:
- The Expanded SDGs Committee to continue monitoring the implementation of the SDGs. Agenda 2030 should be prioritized in our actions plans.
- The Portfolio Committee on Health Child Care should monitor policies in place to address the COVID-19 pandemic through its oversight function. The Committee should be assisted to execute its mandate virtually in light of the COVID-19 induced lockdown.
- That Parliament should ensure that adequate resources are channelled towards the Ministry of Health in order to strengthen health delivery as well as to fight the COVID-19 pandemic.
- Parliament of Zimbabwe should enact laws that support socio-economic recovery post COVID-19, as well as monitoring the roll out of current social safety nets.
Mr. President, my report was quite short, but once it is posted on your tablets Hon. Senators you must look at the things that I have been saying. I thank you Mr. President.
HON. SEN. DR. MAVETERA: Thank you Mr. President for giving me an opportunity to add my voice to the report which has been presented to this august House by Hon Sen. Muzenda on the Virtual WEBINAR on this current topic COVID-19. More specifically, it was looking at what role parliamentarians can play during this pandemic. Part of the theme was to say we should not leave anyone behind. Allow me to thank Hon. Sen. Muzenda for sharing this report with this august House. I just want to differ with her slightly on the fact that she was almost like regretting that her report came a bit late. It is not late because this is an appropriate time for us parliamentarians to look at it. We have learnt a few lessons and we are still in the middle of the pandemic regardless of the vaccine surge which is being experienced.
Suffice to say even those countries that are ahead in terms of vaccine administration are still experiencing challenges with the COVID pandemic. In fact, they are worried about a third phase. So your report Hon. Sen. Muzenda is timeous. I hope and urge parliamentarians to take it seriously for the betterment of our constituencies. There are so many lessons which we learnt as Zimbabweans within this very short spell of time from the COVID pandemic. It has opened our eyes on how much vulnerable we were when it comes to issues of diseases of public health importance.
I do not want to narrate some of our sad experiences as a nation at the beginning of the epidemic. I am sure you know the experience of Zororo Makamba - may his soul rest in peace. What I am raising is that at that time as a nation, we were so much exposed. We did not have any knowledge, infrastructure and even trained personnel who could actually help the vulnerable. We have gone through a learning curve and it is encouraging as we speak right now that there are so many centres led by the public sector. Government deliberately made it a policy that every province does establish a COVID centre.
I remember at the beginning of the epidemic, there were some foreign nationals who were spotted in Mutoko and were put in a kombi on their way to Harare. They were intercepted on the way because they were serious public health hazards. Now with the set up which we have, there is no need to transport affected people from one point to the other. In that case, Government tried in its own way to try to ensure that no one is left behind. Even the vulnerable communities, you could actually get the basic COVID care in the most remote part of the country. There has been a learning experience on us. We are still learning and we are still in the midst of this pandemic.
Another issue which was brought by the COVID pandemic which we need to take seriously is the development of our health infrastructure in the country. As parliamentarians, we all have had different experiences during this epidemic but what came out can be summarized, that our health system is very much underfunded both in human capital and infrastructure. As we do our legislative roles, we need to really look at the laws which govern investment in public health institutions and also when we pass budgets, we must ensure that we try by all means to allocate more resources to health. This COVID pandemic was a blessing in disguise and I will say why. When we go for budgets, it is always very difficult to convince the Minister of Finance to allocate more resources to health. The COVID pandemic has shown us that without health there is nothing. We had lockdowns and we had given large resources to different ministries but without a healthy nation we cannot go anywhere. The message is very clear and it also emboldens us as parliamentarians that as we go forward we should see that health is allocated reasonable funds to ensure that the health of the nation is safeguarded. Without the health of the nation, our aspirations as a nation to achieve middle income economy by 2030 will not be realised.
This report is very pertinent and important to us as parliamentarians. Part of the theme is “Living No One Behind’. I will ask ourselves as representatives of the various constituencies - are we not leaving anyone behind? We can proffer different answers. Allow me to say as we are speaking right now we are in the vaccine era, how many of us are going out there to talk about vaccines to demystify the myth which is going around because some of them are adverse to vaccine administration? Some have started but we have gathered the required momentum to make the vaccine administration, this important national agenda successful.
The first thing is to make sure that outside there are certain areas where they actually do not know that there is a vaccine. We need to try to encourage our members to go because every portion of the country is represented in these two august Houses. It is easier if we use parliamentarians as a vehicle for that message to reach everyone and encourage them to accept or be part of this vaccine administration programme because it has to be accepted. If we looked at social media, there are so many stories coming out and unfortunately most of them adverse to our national objectives. It is the duty of us as parliamentarians because we command respect and we are a constituency which can make this easier for us to achieve our strategy.
One of the issues which were raised which was part of the WEBINAR was to review policies post COVID. This is very important because we have learnt hard lessons, some of them which we do not want to repeat. Going forward, we need to review our policies in terms of the local situation. For some of us who were in the field, at the beginning of the pandemic people were turned away from hospitals. Some who were not affected by COVID died because of the COVID related fear. I think going forward, we need to come up with policies which equip our health workers on how to handle patients or to carry on with their duties when we have diseases which are of such a magnitude. I do not want to believe that COVID is the end or that it is going to be the last disease which is going to cause a lot of scare within the community. We will get more. We need now to learn from the experiences of this pandemic to prepare and equip our staff for possible future pandemics.
It goes without saying, I have already touched on it Mr. President Sir, the issue of resource allocations; more importantly, not only allocations but also resource utilisation. Mr. President, we are all aware of what happened at the beginning of COVID when we had very scarce resources. Some people in respected offices, instead of channelling them to the needy, they were involved in corrupt activities and diverted all those resources. Those are some of the lessons which we learnt from this experience. Going forward, I am sure we will have systems and procedures which will make sure that we safeguard those few scarce resources and channel them to where they should be.
Mr. President Sir, one of the issues which we need to take stock of ourselves as legislators, is to look at the laws which are related to health or which govern us during periods of epidemics, to say do we have adequate laws or do we have inadequate laws. Those who were present, were they effective enough to take care of our needs. I think we need to go through that. That is one of the issues that I hope as parliamentarians we are going to do – to review the current laws and see whether they serve the purpose and save the people of Zimbabwe who sent us to represent them here for that important function of making laws which will make our society functional. Mr. President Sir, I hope and also urge Hon. Members to just get one or two words from what Hon. Sen. Muzenda said as part of the theme, that we should not leave anyone behind. We are leaders; when you lead you need to know that there are followers. Do not leave them behind. They are with you. So our policies and actions should be directed towards moving together so that no one is left behind during this COVID pandemic and also for future similar pandemics which may hit us. I thank you Mr. President Sir.
*HON. SEN. ENG. MUDZURI: Thank you Mr. President. The report that has been brought up with Hon. Chief Whip is talking to us as parliamentarians in terms of what we are doing in this Committee. We have seen all that has happened. I personally do not believe we need legislation first, but we need to act first. When she says ‘leaving nobody behind’, when we question ourselves in this august House, have we taken anyone on board? How many? We know this pandemic is worldwide, it is beyond us but have we taken everyone on board? My experience when I got COVID personally, I did not see what we are doing especially to the down-trodden. You go to a hospital – we should thank the frontliners for trying everything when they knew nothing but still we did not know what we were doing. We were just following what is happening elsewhere. Did we bring everyone on board? N’anga dzedu dziripi kuti dziuye nemishonga? Dzinorapa chii vanhu vanonzi vanorapa ivava? Did we take them on board? We took on board our doctors and they did well. Where is our research institute? Did we bring everyone on board so that we move on? The worst part is on the poor man.
I encountered a situation in St Annes where in a day it was oxygen and steroids that we were getting and you had to pay over US$430 per day. How many people could go to a hospital and pay more than $100 per day. The second thing is, you could not get the oxygen. Is it available now when you are really sick? If you go to BOC Gas, there are no cylinders. This is my own understanding, there are not enough cylinders of oxygen. Are we taking anyone on board or we are just waiting for the cure? Yes, we are waiting for someone to do a research, give us everything and even donate. What are we doing ourselves as Zimbabweans? We always talk of home grown solutions, let us look at these. Even if we fail, we should be able to label an institution that is dealing with that. I feel we are putting ourselves backwards when we could take ourselves more than where we are.
We also have a problem of following the lockdowns. Honestly, when you go to Mbare and see the movement of people without masks, then you know God is with us. This is when you believe God is just managing us. They are moving, they are mingling and they are closer doing everything but we cannot manage them because of poverty. What are we also doing in terms of just ensuring that these common people are getting at least some donations? Civil servants got $75 but what did we give to the common man who walks in the streets? These are the people we are leaving behind. Let us share the little that we have. I am not saying Government can produce money miraculously but are we making an effort of taking the common man on the ground? I grew up through humble beginnings and I strongly believe that there are so many people who have nothing. They survived the pandemic and wake up tomorrow. They get sick, they do not even know and they survive it. That is what I am observing. Are we helping these people who have spent January, February without income? We must understand we have over 85% unemployment, what are we doing? I am not blaming anyone but let us find solutions. Let us engage brains and let us not also condone the corruption that has taken place in selling PPEs. Who has been arrested to date? If none has been arrested, we are doing nothing. As parliamentarians, we have the overall oversight role over Government. Other than the Presidency, we have the overall authority but tinenge tichikumbira ah,zvakati zvarambwa, where is our priority. Let us change our attitude and know that this august House is meant for us to make certain decisions, painful as they are, then we will be moving forward with answers. Lack of leadership comes because when you come with leadership, you are seen as being over enthusiastic.
We also need to encourage innovation; it helps us, let us find a way of encouraging innovation at lower levels to ensure that we get far with this treatment method. So far, how many of our nurses are unemployed?
President Magufuli died, if you check on the social media, they are conspiracy theories that he has been killed because he did not recognise that COVID-19 is real – that is not the case. Even this drug which we are inoculating people, it has gone around that if you have got underlying conditions, you are likely to get side effects. How far have we allowed our people to put notes so that we are convinced that this is assured?
There is this thing that the third tests were not properly done on the Chinese vaccine. All these notes need to be summarised, then we will not be living people behind. All of us are still not very clear, so we need to carry everyone but let us carry everyone in our confusion. Let us carry everyone with a certain clear mandate and knowledge of what we want to do.
I want to agree with the previous Hon. Sen. that there is always allocation of resources. Allocation of resource where there are no resources is a bit difficult but there must be a figure that will be allocated that we are certain is going to work a certain mileage within the pandemic arena and certain amount that goes to publicity and understanding of what is happening. If we do not do that, we are simply left behind including ourselves because we are not very clear of the road map and what we are doing.
The road map of immunisation was given and it is clear but the road map of the uncertainties of what happens to my body if I drink Lake Chivero Water when it is polluted with so many chemicals is not known. So those hypotheses need to have someone who dispels them in the medical field to say this is where we are going.
We need to hire temporary nurses, there must be an allocation to hire most of our trained staff in medication to go around and do this talk. Yes, Members of Parliament can be around but these people are trained and there are doctors who could help us. I think it is a programme that we can all work and suggest to the Minister; actually, it must be directed by Parliament. It only needs ascension by the President and it will be effective.
With these many words which I have said, I think I wanted to be very short, I want us to seriously consider our responsibility and say, are we going to take everyone on board and remember the poor.
HON. SEN. SEKERAMAYI: Madam President of the Senate, Hon. Senators! I stand to support the paper presented to us by Hon. Sen. Muzenda our Chief Whip. It is a paper with recommendations on how the COVID-19 pandemic should be dealt with.
Tomorrow, Wednesday, 24th March, the President himself will be in Victoria Falls and he will be vaccinated and that is a signal to all of us that the vaccination against COVID-19 is not a playing matter, it is something that is being taken very seriously. The Vice President and Minister of Health and Child Care has also been out as eloquently as he can to tell us as a nation that we must stand together to fight this common enemy COVID pandemic.
It has come at a time when probably nobody had thought about, other illnesses and so forth. You will have a rough idea of how many people are going to be vaccinated at which hospital, maternity ward and so forth but this just came as an attack on us and other people elsewhere without any warning at all.
I think as Members of Parliament and Senators, is incumbent upon us to then do as much as we can to facilitate the vaccination of our population. There is the target population, 60% of the population of Zimbabwe should be vaccinated so that this pandemic can be controlled.
It is incumbent upon us now as public relations officers, for our health services delivery system, we should go to the villages where we were born, to the villages next to us. We should speak to our own parents, kids and others to have them accepting that vaccination is absolutely necessary; we cannot run away from it.
There are parts of the country where as we are talking, there are some people who cannot read or write. There are some parts of the country where there is no adequate television or radio coverage. We should, ourselves, make sure that we are able to get to those remote areas and speak convincingly to our people that this is necessary. As colleagues have been saying, there are some prophets of doom who have been saying this does not work. Let us convince our people that it is absolutely necessary to be vaccinated.
Yes, there are vaccines which we have already received, there are some which are en route and we should be happy that there are countries which are assisting us and willing to assist us. however, there is also provision that if the quantities that are being given to us are not enough, we should be in a position to buy, use our own resources to buy these vaccinations for our people. So, this is something that I think is absolutely necessary.
It is quite obvious that maybe, as an alternative and especially as our Ministry of Finance and Economic Development may not have been paid for this but I am sure as we talk, they are also concerned and they should be mobilising the necessary resources so that we are able to have the vaccines in adequate amount and then logistically make sure that there is mobility to get to the remotest areas of our areas to get to our people who are there. They have suffered disadvantages here and there but I think on this matter, let us just be one team that is determined to conquer this COVID pandemic.
There are things that we are able to do. We have been told the three items: sanitize, social distancing and we have been told what to do when we cough and so forth. All these things can be done but we must also be in a position as leaders to convince our people that it is necessary to do so. Let us not get a situation where people say, “kusiri kufa ndekupi?” No. This is a type of death that can be avoided provided we are able to get our people vaccinated.
Madam President of the Senate, I have just stood up to really support the colleagues who have spoken before me. I could speak for a very long time but I just want at this point in time to emphasise that we should just be one team. Probably, even ask the Ministry of Health and Child Care the budgetary arrangements which they are making to make sure that we do not run short of resources when we are facing this type of problem.
I want to say to Hon. Sen. Muzenda, thank you very much for your paper and the recommendations. I think as Senators, let us take it upon ourselves to do the necessary ground work to get to our people; to the grassroots so that the people are not left behind. The frontline workers are being taken care of. There are many people when we look at the television who are being vaccinated and so forth. So, to a very large extent, those in the urban areas are being taken care of. We need to go rural so that we get our people vaccinated. With these few words, I want to thank you Madam President of the Senate and Hon. Senator Muzenda for her paper. Thank you.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Madam President. I rise to thank Hon Sen. Muzenda and Hon. Sen. Chief Mtshane Khumalo who brought this motion. I listened and the majority of the speakers were doing quite well. I decided that I should also bolster their case by also adding to the motion. Leaving no one behind Madam President means that everyone who is involved has knowledge about Covid 19.
Let me start by saying, so far what has happened in Zimbabwe, we praise it because we have done very well. There is this pandemic called Covid 19 but there are also certain things that are happening that are related with Covid 19. Who is being left behind? Are they people that are being left behind. I am going to touch on the issue of schools. I am going to talk about the illnesses that are occurring in schools. We have vaccinations and we are taking measures to prevent the virus but in schools we lag behind from what I am observing. In other schools, they did not stop learning; they continued learning from home. They are doing online lessons. Some never at all attended school, meaning there are some school children who are being left behind in response to Covid 19. That one is critical.
We are not talking of ipads and laptops. They require electricity. There are schools where electricity is non-existent. These are schools that we have in our communal lands. They have nothing at all. Some children have never seen either a laptop or an ipad at all in their lifetime. I am aware that there are others that are being left behind and there is need to put in concerted efforts so that they are not left behind. Some wrote examinations and performed dismally. There are certain schools in Masvingo that has 0% pass rate. In the communal lands in Masvingo, I would understand the reason of their failure is because of lack of means. It is those that are in the communal areas that are left behind.
There are also those that are equally left behind in urban centres. There are parents that cannot afford a smart phone and this is further exacerbated when we go to the communal lands. If I have no ipad, I can actually attend the Senate sitting whilst using my smart phone from the streets. The majority of rural dwellers have ordinary cell phones that cost $15 and they cannot access the items that are provided on smart phones. If our children were to get smart phones, they would have benefited. They would have problems in recharging their phones but many people now have solar powered equipment that can be used to recharge phone batteries. We do not know how long Covid 19 is going to be with us. If it were to go for 15 years, then it means that a lot of people were going to be left behind.
I will leave those things that have already been mentioned by others. I remember Hon. Sen. Sekeramayi and Hon. Sen. Khaya Moyo, just after 1980, we used to have a magazine called social change and economic development. We had just attained our independence and there was talk of glittering society and it was quite good to read. Where did that magazine go? We forgot about them because that magazine used to indicate the number of people that were in the rural set up and that we should not forget them. We should go back to having the same type of magazines because the reasons why we fought for our independence were spelt out. Some were disadvantaged and others were more endowed than others. That is why we talk about people that have been left behind and they should be matched to the fore.
One speaker talked about the issue of some people just assuming. It was cited by Hon. Sen. Eng. Mudzuri that we have traditional healers who know herbs very well. There is a problem with us as Africans, one knows herbs that treat people but they do not disclose to others and when they die they took to the grave knowledge about the treatment. All ailments are treated by our native traditional medicines. Our traditional herbalists do not disclose the herbs that heal people. I even appeal at funerals that they must not hide their knowledge.
I was one of the lucky people to go to Tanzania yesterday to attend the funeral of the Late President Magufuli. What I saw, even if I am not a medical doctor, I would not associate his death to COVID-19. When a COVID-19 victim dies there are certain procedures that are done to bury the person, even if they do not believe in the prevalence of COVID-19. There was public viewing of his casket by the people of Tanzinia that could not have been done if he had died of COVID-19. The coffin went round to Dodoma, Mwanza, Dar-es-Salaam and this showed that he could not have died of COVID-19. It was mentioned by the leaders that President Magufuli had a heart ailment that he had been suffering from for the past 10 years and that is what led to his death. There may be rumours but these are ill-informed, the truth of this matter is that he succumbed to heart failure.
Lastly, Madam President, let us continue to research into the issue of COVID-19. All the knowledge that we have should be harnessed so that people can be helped. We are just being told at the moment that we should mask up, wash our hands and maintain social distance.
That as it may, we are told that if you are close to someone who is suffering from COVID-19 for a distance less than a metre you can succumb to the virus. There is someone who contracted COVID-19, we met him at the State House, and the person told me that they nearly died. He said certain people that were with him died but he was able to recover. There is also another person who is married, she went to hospital a week later but before that she was sharing the same bedroom with the husband but the husband did not get the infection. We need to investigate this further, maybe researchers may need to find out why some people catch the virus and some are resistant. What do we attribute that to? In what circumstances does this disease transfer to others, we need proper research. We are talking of the first, second and third wave, so where are these waves coming from if we are knowledge about this COVID-19 just like we mend the football tube if it is releasing air, this means that there are grey areas as far as our knowledge is concerned in terms of COVID-19, we must continue researching.
South Africans went to India and got vaccines as soon as the vaccines reached South Africa, they stopped vaccinating people saying it was not strong enough. My point is that there are certain things that we do not know about this disease. Initially it started as flue in 2020, we were told that the disease spreads rapidly in winter, this did not happen in Zimbabwe but rather when it was sunny in January Zimbabwe was hard hit by the pandemic.
So, the point I am making is that there is need for further investigation into COVID-19. COVID has made education uneasy for the rural children. The urban students are capacitated, they have gadgets to aid learning during lockdowns. This must be cascaded to rural areas and the vulnerable groups, schools and less privileged. They should not be left behind because the parents are poor; even if you are in town and your parents are poor you are left behind. People in the communal lands do not have money. Let us not leave people behind - we are leaving people behind. I thank you.
*HON. SEN. CHIMBUDZI: Thank you Madam President for this opportunity to add my voice in support of this report that was tabled by Hon. Sen. Muzenda. This is a very important report. As parliamentarians, we have been tasked to work in regards to COVID-19. Parliamentarians should be tasked with COVID-19 awareness campaigns, as alluded earlier on. There is no country that knew that COVID-19 would be upon us to hit the entire world. We have heard the theme that we should leave no one behind. That can only happen if we as parliamentarians are involved in this campaign.
Let me thank the President, His Excellency Cde Mnangagwa because Government has already set aside $11 million to investigate more into the causes and the nature of COVID-19. That showed that the President was astute. Let me thank Zimbabwe Broadcasting Corporation and the churches for encouraging people to protect themselves from this disease. I thank them because they are working very hard. I also want to express gratitude to the Chinese, Russian and Indian Governments these are our all weather friends. They provided us with the vaccines so that the Zimbabwean population cane be vaccinated. Our frontline workers were the first recipients of this vaccine. We have not heard of any side effects or any problems. This gestures by the frontline workers inspires confidence in the generality of the population that vaccines are effective.
Our death toll has not risen as a result of inoculation. We should be grateful for that. We are not the only ones. If you observe what is happening in USA, they have astrazeneca which is being said it causes blood to clot. People in America and Europe turned down the vaccination because of social media. It is our duty as parliamentarians to address such misinformation by social media by giving correct information to our people. This will lead to our people remaining alive and not being influenced by social media. Let us continue to do our work as parliamentarians because we have a huge task ahead of us. We may not achieve everything at once but through the help of artists and the media we will get there.
There is no reason for our people to develop cold feet when it comes to mass vaccination programme. It is our duty as parliamentarians to urge them to accept this noble initiative. I was delighted to see most members of the apostolic sect in Victoria Falls accepting this vaccination programme. We know that since time immemorial most of these members did not accept any form of vaccination administered to them. They accepted the vaccination programme and this shows the confidence they have in the programme.
I want to thank Senator Muzenda for bringing this report which places a huge burden on our shoulders in educating our people to accept the vaccination programme.
*HON SEN. FEMAI: I want to add my voice to the report which was presented by Hon. Sen. Muzenda this afternoon. As parliamentarians we have a big role to play in educating our people to accept the vaccination programme that was initiated by Government. Reports coming through the media are that the President will receive his jab in Victoria Falls tomorrow and the event will be broadcast live on television. This is a good initiative because it will inspire even the blind people to accept vaccination because they will hear from others that the President has been vaccinated.
I am urging Government to broadcast live on television the vaccination of parliamentarians so that this can inspire some people in my constituency. I would also suggest that the vaccination programme should encompass all leaders of political parties so that they speak with one voice when it comes to vaccination. I want to applaud the move that has been taken by the President and I would encourage the programme to cascade to all leaders at various levels.
It is very difficult for a parliamentarian to go round the constituency calling on all people to be inoculated because by the time you complete the move, you will have been scolded by bad people because of the influence of social media. The word that is emerging from the social media is the devil incanet. You should not take it for granted. As Christians we may want to take it lightly but in our African culture we know that there are witches. In English we call those people Satanists – witches are witches. They also use social media. Maybe they are not getting free “meat” from those who will have succumbed to COVID and then you talk of the need to get vaccinated so their “meat” will be in short supply. So they throw spanners into the works. The devil would want a lot of people to die and that is why a bus can be involved in an accident and 70 people can be killed. This is because of the devil. We should not forget that the devil is on the social media. Satan also speaks against whatever good it is that we believe in. So when a Member of Parliament urges people to be inoculated, Satan comes immediately after the MPs speech and urges people to assault the MP. The MP will be assaulted and a lot of things that are derogatory to the Chinese will be mentioned because there is the devil...
THE TEMPORARY PRESIDENT OF SENATE (HON. MOHADI): Order, order. We cannot allow vulgar words that are derogatory to other people in this Senate.
*HON. SEN. FEMAI: Thank you Madam President. I am sorry if I strayed. I was under the misconception that I was doing the right thing. Be that as it may, we should know. I hear the chief talking about people and taking with them to the grave. The herbs that they know are of use to the majority of the population. That is very true. It is our plea to Government and those that research into herbs or medicines to do something so that people can come into the open and indicate what herbs they know of and how they are used. They advertise in newspapers that should one pick up about 2kg of bones they can be given $100. Those that pick up plastics are told to receive $2 per kg of plastics. There is money involved that is given to the person. So those that have produced the vaccine that we are being inoculated with today have made a lot of money. It requires a computer to be able to disclose it. The black man who is being asked to come forward and disclose the herbs that they know of has no incentive. We must put in incentives so that they can come forth and say this medicine is used for treating coughs. If they could be given $2 million or their name be associated with particular cough mixture for example, Morgan Femai Cough Mixture and it is sold in supermarkets and I also get paid, that would help people being incentivised to disclose their knowledge about herbs and medicines. Incentives should be put in place as the case with those that sell plastics and bones as well as metal scraps. If the same yardstick was to be used, we would be in a position to get a lot of medicines being discovered in this country.
Once again, I thank Hon. Sen. Muzenda for her report. It has come at the right time during the advent of COVID-19. It should leave no one behind. All of us should be on board, but let us have incentives for us to be able to know what is happening. We should not go round preaching the gospel about COVID like preachers.
Again I reiterate the issue of Satan and the way he operates. That should cascade down to us and the groups that I have made reference to should also be inoculated in public and during the presence of the media which will capture it so that people can easily identify and follow suit. I thank you.
*HON. SEN. MUPFUMIRA: Thank you Madam President for affording me this opportunity to add my voice. Before I start, I would want to thank and congratulate Hon. Sen. Mabika, the new Member of the Senate. Congratulations and welcome. I also want to thank Hon. Sen. Muzenda and the seconder of the report. COVID-19, I would liken it to the Third World War that has come this time around because during other times when the wars occurred, they had firearms to fight back. The COVID-19 war came but we were ill-prepared for it. We did not have the guns to return fire. This is COVID-19 which has affected the world over. Since it is a worldwide pandemic, it is now important for us as adults and young children to put our minds together.
The theme says we should not leave anyone behind, which is important. In Harare, an urban setting, people know what is going on as regards COVID. People are aware that the President is going to be publicly inoculated tomorrow. This comes out on televisions but we should not forget those in communal lands. There should be that communication. There is very little communication in the communal lands. The majority of them do not have radios, neither can they access newspapers nor televisions. We know that there is a particular percentage of Zimbabweans which is resident in communal lands. There should be a communication strategy that directs itself in ensuring that the message from His Excellency the President and the Senate President, is from the Senator right down to the lower levels of our system and should be the same. There may be miscommunication if each and everyone of us were to come up with their own message. It is my plea that simple communication be done.
As we grew up in the olden days, we used to have mobile cinemas going to the townships in communal lands. They would then teach people on current events. This had a large impact. Apart from the COVID-19 message, there could also be other information to educate the people on the presence of COVID-19. I would go to my farm, into the compound and find out if people are aware of COVID-19. They would tell me there is no COVID-19, it is in Harare. They told me that there was someone who was killed in Mhangura. In that area, there are no masks. Even if we plead that people should move together, they do not have the sanitisers, the masks that we are using. Sanitisers and masks should be available to school children because they are expensive. They are not affordable to school children. Each school should have sanitisers so that each class has sufficient quantities and the children are enlightened about it. The Ministry of Primary and Secondary Education is important because what is taught to a child at school is the gospel of truth. They will tell you what they were taught by their teacher is correct. So, through the education system and the impartation of knowledge where there are the majority of the children, the teachers are the authentic leaders. So whatever it is that they tell the people is readily accepted.
The churches should also be involved, there must be a buy in from the churches so that they properly impart the knowledge about COVID 19, be it the Roman Catholic or Seventh Day or members of the Apolistic sect, the message should be the same, that leaders should be inoculated in public and it is the way to go because once I am inoculated in the public domain, word spreads that I have been inoculated. We should not leave anyone behind.
The Ministry of Higher and Tertiary Education should assist us more in doing scientific research because there is no one who can say; even the Western countries cannot say they were used to COVID 19. This is a new phenomenon and it has affected the people, our own scientists should further research into this disease and find out what it really is.
There is also talk of the third wave which shows that we are not through with COVID-19. People are now relaxed, they are walking about doing as they please. However, I would want to thank the police force because they are arresting people for not wearing masks. Last week my maid phoned me saying she has been arrested whilst talking on the phone without putting on her mask. She was asked to pay a fine of about ZWL1000. The police force is, day in and day out raiding these people and taking them to the police station
School children are going to their schools without putting on masks. It is important that the police should enforce the issue of wearing of masks so that everyone takes it seriously. If you hear the testimonies of those survivors of COVID-19, they will tell you that this is a deadly virus and in that they nearly died. They become dependent on the ventilator and oxygen.
We should be positive in the way we talk so that we do not create any doubts. In our country, we have our traditional herb called Zumbani which has become so famous all over the world. Experts should research the medicinal value of Zumbani because the majority of our people may not afford some of these medications. Right now, a small packet of Zumbani is very expensive but if we were to go to those people in the rural areas who would have harvested that herb, we find that they do not benefit much. SMEs should be set up even in communal lands where they have Zumbani so that they can also benefit from the COVID-19 pandemic medications.
Testing of COVID-19 especially in the rural areas should be for free. We have rural health centres; a long time ago these were put in place when Hon. Sen. Sekeramayi was still Minister of Health and Child Care. Why do we not utilise these centres for people to be tested so that they would not move around without knowing their status? If Senators only are going to be inoculated, what about those we serve? Let us ensure that the inoculation is accessible to everyone.
We should improve the state of affairs in our hospitals and other medical facilities. Let us urge people to be vaccinated and ensure that they get vaccination with the minimum possible time, not for them to spend a quarter of an hour or so whilst queuing to receive inoculation.
As Members of both the National Assembly and Senate that are responsible for oversight, we should ensure that communication messages that are coming out of television should all be in vernacular languages. Mobile cinemas should be re-introduced; they serve us in the past so that we do not leave anyone behind. People should witness that the President is being inoculated through these mobile cinemas.
As SDG Committees, we are being urged to be in the fore front to have pressure groups that look into the laws and also the Ministry of Finance to appreciate that the funding for COVID-19 is a priority. Remember the three months lockdown that we had which was the first of its time. We should place priority on this to ensure that those working with the public are given financial resources and get immunised.
Hon. Sen. Chief Charumbira talked of a husband and a wife where the husband is affected and the wife is not affected with COVID-19. It is quite possible, one might be a carrier and the carrier does not suffer from the virus. Everyone should know that COVID-19 is a third world war. We should have sufficient tools to fight against it and we should not leave anyone behind.
HON. SEN. GUMBO: Thank you for this opportunity. I also rise to support the report given by Hon. Sen. Muzenda. Last week on Wednesday, I debated before Hon. Sen. Muzenda had tabled the report. The main thing is that the grandfather who used to be a traditional healer is now possessed and I talked about it in the President’s State of the Nation Address. The President talked about the importance of people being united and how best we can deal with this pandemic.
To those that listened, I said I gave myself time to go around Harare to find out the number of people who were putting on their masks and those that were not. I came out with just one person in town who did not have a mask after having gone around several streets. I thank the Minister for Home Affairs and Cultural Heritage for a job well done. The Harare City is quite large. I went round and only found one without wearing a mask.
I also said we had problems in the communal lands, in the farms. Word has not yet reached the people. People are unaware of the need to wear masks. When I heard other Hon. Senators talking about it, this is our biggest challenge. We should win a war against that. If we do not do that, we will lose this battle. In my debate, I said we should all be involved. Yesterday, I was in Kariba addressing a funeral. I urged the people to wear their masks and also I implored upon them that it was very important for them. I challenged them to find out how many had masks. I told them that the first medication is to protect yourself by wearing a mask and it is very effective. It is up to us as Hon. Senators.
I also talked about communal lands and the chiefs’ council. I said that they shoulder the greatest responsibilities to assist us as Members of Parliament and the city councils. We are lucky that there has not been such an outbreak in the communal lands but this cannot be guaranteed that COVID will not reach the communal lands. If it were to affect the communal lands, we are going to be badly hurt. We have been given a chance to ensure that we enlighten our people and we should find means and ways to penetrate the communal lands. I am afraid because I have workers. I have problems in trying to urge them to wear their masks because it is a legal requirement but very few of the workers take heed of my words. We are going to have a reverse osmosis in people contracting COVID starting from the communal lands, coming back to urban centres. Thank you.
HON. SEN. MUZENDA: Madam President Ma’am, I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
MOTION
MAINTENANCE OF THE ROAD INFRASTRUCTURE IN THE COUNTRY
Eighth Order read: Adjourned debate on motion on road rehabilitation programme countrywide.
Question again proposed
HON. SEN. CHIMBUDZI: I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 24th March, 2021.
On the motion of HON. SEN. MUZENDA seconded by HON. MKHWEBU, the Senate adjourned at Eight Minutes Past Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 18th March, 2021
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. PRESIDENT OF SENATE
LOGGING IN ON VIRTUAL PLATFORM
THE HON. PRESIDENT OF SENATE: I wish to remind all Hon. Senators that they are required to log in using their full names for identification purposes or indicate their names on the chat platform. This will assist officers in capturing their names on the attendance registers. Hon. Senators are also reminded to keep their gadgets on mute and only unmute when called upon to speak by the Chair.
May I also remind Hon. Senators to maintain social distance, particularly those on my left. We cannot proceed with business until we organise ourselves – from Hon. Dr. Mavetera, one of you should move to another seat please.
With me here is a list of ministers who are present; Hon. Soda, Minister of Energy and Power Development; Hon. Munzverengwi Minister of State for Provincial Affairs; Hon. Mhona, Minister of Transport and Infrastructural Development; Hon. Musabayana, Deputy Minister of Foreign Affairs; Hon. Prof Ncube, Minister of Finance and Economic Development; Hon. Maboyi, Deputy Minister of Home Affairs; Hon. Mutsvangwa, Leader of the House and Minister for Information and Broadcasting Services; Hon. Chombo, Deputy Minister of Local Government and Hon. Machingura, Deputy Minister of Higher and Tertiary Education
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. CHIEF CHUNDU: My question is directed to the Minister of Transport and Infrastructural Development. What is Government policy on using cement instead of tar when you are rehabilitating our roads?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): The question that has been posed is very pertinent and it is very true that from the past, we were having potholes on our roads which means that probably the materials that we are using might not be suitable but I would like to say that our students from universities are working with the Hon. Minister of Higher and Tertiary Education on how we can use new technology when it comes to the revamping of our roads. It is very true Chief Chundu, that very soon we will be using indigenous materials that we were given by our Lord Jesus Christ so that we use that to revamp our roads. Our students in universities will assist us on how we can revamp our roads.
*HON. SEN. DENGA: My question is directed to the Minister of Transport. People are spending a lot of time in long queues waiting to pay toll fees at tollgates. What is your Ministry doing to curb the long queues that exist at tollgates?
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Madam President for the question which was posed by Hon. Sen. Denga. It is very true and you have touched on the issue that is at the heart of every Zimbabwean. They are having challenges when they approach tollgates and they are spending a lot of time there. We made our investigations on why people spend so much time in the queues and we discovered that ZINARA was working with people who have tap cards which were not compliant with most banks. So they have now engaged more banks so that people will not spend a lot of time at the tollgates. We have also agreed with ZINARA that by the end of this month queues should be a thing of the past. They did say they are coming up with a coupon system because they were also having challenges with change especially when people paid with forex. I am sure they want to curb corruption. I also want to promise this House that people will not be spending their time in queues but will be quickly served and be on their way. I thank you.
*HON. SEN. CHISOROCHENGWE: My question is directed to the Minister of Local Government. There was a law that if you are in an urban set up and you want a house you should go on a waiting list. Is it still the case and is it functional?
*THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): I would like to thank the Hon. Senator for such a pertinent question. The waiting list system is still operational but we realised that people continued to pay subscriptions for being on the waiting list yet when it came to allocating houses they were not given houses. So the challenge was, they were no longer following the waiting list system and corruption was rampant. That is why it looks like the waiting list system is no longer working. Our Ministry is however working hard to check on councils to ensure they are following the waiting list system. Let me promise you that if you go to the local authorities you will see they are now following the waiting list system as dictated by the law. I thank you.
HON. SEN. KAMBIZI: My question is directed to the Minister of Youth, Sport, Arts and Recreation. Considering that sport has become very big business in the whole world, some of the sport persons here who are plying their trade abroad are making a lot of money out of it and some of them become ambassadors of this country. In view of that, what is the Ministry doing to fund our national teams that many-a- times have struggled during their preparations with their welfare and travelling arrangements? A good example is Botswana our neighbour. They have a game with Zimbabwe in two or three weeks time. They have set aside US$585 000 for those games. Does our Government have plans to sponsor our national team? I thank you.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): I want to thank Hon. Sen. Kambizi for his question. Our Government tries very hard to support sports people who are our ambassadors. Obviously those who go out are our ambassadors representing this country very well and Government policy is to support them. I thank you.
*HON. SEN. SIPANI-HUNGWE: My question is directed to the Leader of the House, in the absence of the Minister of Primary and Secondary Education. Is Government aware that there are some headmasters who are demanding last year’s school fees yet children did not go to school last year? Is it legal that parents should pay for last year’s school fees, especially second and third term last year when children did not go to school? There are schools that are doing that.
*THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): I would like to thank Senator Hungwe for that question pertaining to headmasters who are demanding schools fees from last year whilst children did not go to school. I think that is a specific question and I kindly ask you as leaders in this Hon. House to bring such information to the attention of that Ministry so that they find out exactly what is happening because some schools were conducting e-learning or online learning whilst some schools did not do anything. The policy of Government is fees should be paid according to the services that were provided so I urge you to go to the Ministry of Primary and Secondary Education with the list of the schools that are involved so that they investigate.
*THE HON. PRESIDENT OF THE SENATE: I urge Hon. Members to put specific questions in writing so that they may be answered in detail and also benefit all the Hon. Members.
HON. SEN. A. DUBE: My question is directed to the Minister of Higher and Tertiary Education. Hon. Minister, what has been done by the Government to stabilise university fees. Are the fees that have been introduced justified and sustainable?
*THE DEPUTY MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY (HON. MACHINGURA): Thank you for the question. Fees are paid so that students learn. The aim of Government is that children should go to school. Every child should be given an opportunity to go to university and it should be affordable. So, when it comes to fees, what we want is for these students to be skilful like what the Minister of Transport was alluding to that we want them to upgrade our roads. Our fees are in two phases. We have what we call tuition fees which are for learning and there are other fees which are called ancillary which are for your upkeep and maintenance of the school. What happens is that if fuel, food and data goes up, all that will lead to the increase of fees and that is the reason why fees go up. We have tried to not have tuition going up but the ancillary goes up and in the end all fees will go up. Thank you.
*HON. SEN. ENG. MUDZURI: Looking at the issue of fees, all those who are of my age who went to school before and after independence saw Government helping people with fees because parents could not afford. What is Government policy in helping students, particularly those who have done well so that they continue with their education, because students cannot afford the fees that we are talking about? The fees are in USD but converted to bond so the parents who are civil servants and peasant farmers cannot afford that money. What is the Government position on helping all those students who would have excelled?
*HON. MACHINGURA: Thank you Hon. Member for your question. When I started answering, I said we want all the children to be able to go to school and that is where the issue of affordability comes in. Our Government as of now in trying to help our students, has come out with a plan that a student who enrols at a university and articulates his/her challenges, is given forms to fill in order to have access to a loan, not a grant. They then go to the bank, for example CBZ and are given money. That is the first level.
The second level, in trying to find out how to do it, they looked for microfinance services who give out what is called an EduLoan and these are different from banks, because banks are overloaded as they also give out loans, mortgages and daily banking services but EduLoans are only targeting schools. So, when they go there they are given loans but it is the parents who are given the loans and the student is also tied down. The advantage is that the interest rates are low. The other plan that is there is that of scholarships, which means everything will be catered for under the scholarship. In those universities as well, as you have alluded to Hon. Senator, the skills that they are teaching students should assist them. For example, at University of Zimbabwe, there is a farm that they have, they are expecting a bumper harvest from the maize and they also have onions and chickens. This will lower the funds that the university uses in looking for food for the students. Thank you Madam President.
*HON. SEN. MOEKETSI: The Hon. Minister has said that the loan will be paid by the parents. The reason why we asked the question is because both rural and urban areas have people who are extremely poor. The reason why people seek that assistance is because they do not have collateral for those loans.
HON. MACHINGURA: At the moment, the truth is for children to be able to receive good education, there are costs that come with that. Indeed we have been trying to figure out how best we can try to solve that problem. When a child comes to school, we try and find out how they can contribute into the development of this country. You referred to the potholes situation, what is causing the tar to be easily destroyed, is it because of the materials which were used or it is because of no research to resolve that. This is what we are talking about in our education policy that we want every child to be able to contribute and we assist them to acquire those skills so that they can contribute to the development of this country. Indeed those from poor families need assistance to be able to go to school. Right now the only solution that we have is of scholarships and loans but if a child is totally poor but intelligent that is the reason why we run to the Ministry of Higher and Tertiary Education to give every child an opportunity to contribute to the development regardless of their financial status. I thank you.
*HON. SEN. CHIEF CHIKWAKA: Allow me to direct my question to the Minister of Finance and Economic Development. We used to bank money and those banks were rewarding us with interest rates but today are we taking our money to the bank; are we contributing to the development of those banks since banks are no longer giving us those interests. Today you end up owing a bank whilst you will have deposited your money – [HON. SENATORS: Hear, hear.]. Thank you.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Thank you very much Madam President. I want to thank Hon. Sen. Chief Chikwaka for a very important question regarding the mobilisation of the savings. In 2020, I recognised that there was a problem. So I issued a Statutory Instrument which compels banks to pay interest rates. The way we crafted it is that the interest was to be linked to the Treasury Bill Rate. I was quite aware that if I put up this Statutory Instrument without specifying how the interest rates ought to be paid, they were going to give excuses on variation of interest rates and they were going to settle for lower rates and our citizens were going to be cheated. So, I put together a formula that linked the interest rate to the Treasury Bill rate. Subsequently, the banks have not really complied, that is the information I am getting. So I have requested the Reserve Bank of Zimbabwe to enforce this and make sure that banks comply and start paying interest rates. If they did not do so in 2020, they ought to pay what they owe to depositors.
I have also spoken to the auditing profession to say that as auditors who audit the banks, they ought to enforce as well through the Audit Office. Should they find non-compliance in the accounts that are published, that ought to be reflected so that we are clear. I totally agree with Hon. Sen. Chief Chikwaka on this issue, auditors ought to be paid fair interest rates.
On the other side of the coin, banks are charging high banking fees and that is how they make their money so at the end of the day, let those high fees be counter balanced by decent interest rates to depositors. I thank you.
HON. SEN. DR. MAVETERA: Thank you Madam President. I am very encouraged that the Minister is aware that banks have failed to comply with the law. My question is, what has the Government done to reign in those banks and what is going to happen to those clients who were not given what was due to them? I think we need a compensation mechanism because if it was a loan from the bank, I would pay regardless of whatever had happened. Thank you Madam President.
HON. PROF. M. NCUBE: Thank you Madam President. Again I thank Hon. Sen. Mavetera for that follow-up question. I have instructed the Reserve Bank of Zimbabwe to investigate this issue and enforce it. They are going through that process at the moment and their job is to enforce it. Those who have not complied would be told to comply because clearly, they owe depositors their interest or what is due to them. That is going to happen and we are going to go through the process. I also met with the accounting profession and we discussed the same issue which is, can we enforce it through the audit process and as you work on these audits for the banks, make sure that they comply? If they are not complying, indicate so. It is an auditable issue. Thank you Madam President.
HON. SEN. ENG. MUDZURI: Thank you Madam President. Hon. Minister, it is beautiful that you have already administered a Statutory Instrument on the interest to be paid to clients. Have you checked that the banks are even more arrogant in that they do not pay interest and there is no control over interest to those who want to borrow? This means the economy becomes stagnant. How are you managing to supervise the process of borrowing and repayment of loans? This is because I now see that the interest rate is at 40% and elsewhere in the world it is below 10% and on the other side, you said you are not getting anything. Instead, the charges are so high – how are you balancing in terms of helping the common man especially the elderly people in the rural areas? There used to be the Red Door programme and some interest was accrued at Beverly Building Society but nowadays, there are no such programmes which one can make money which can accrue some interest?
HON. PROF. M. NCUBE: Thank you Madam President. I thank Hon. Sen. Mudzuri for that question. It is exactly his observation that prompted me to issue that Statutory Instrument because I noticed that for a start, bank charges were high. We used a moral suasion argument to persuade them to lower bank charges. We were partially successful last year during COVID and they brought down the charges but we know that it is only temporary and it is not something that is permanent. On the other hand, if you are a borrower, the 40% interest rate that he was referring to is what we call the bank rate which is the guiding rate. That is the rate that banks charge when they approach the Reserve Bank for liquidity support. The real lending rate is much higher up to 60/70% depending on the client.
So clearly, if this situation is unbalanced, lending rates are too high and bank charges are too high as well; we needed to counter balance that with decent depositor interest rates and that is what this Statutory Instrument is about. The exercise that the Central Bank is going trough at the moment will reveal a lot. I want us to act on concrete information and overwhelming evidence so that we can enforce this Statutory Instrument. They cannot wriggle out of it. You asked if I was getting interest in my bank account – the answer is no and I think the answer is no for all of us in this House. Thank you Madam President.
*HON. SEN. SHUMBA: Thank you Madam President. I am glad that I am also here and I am able to ask my question. My question is directed to the Minister of Home Affairs. Our children are finished because of drugs. People are abusing drugs and are all going to die. We see that some people are being arrested because of mbanje but the police know about people selling drugs yet they do not arrest them. Does the law now allow drug abuse? Our children are dying every time because of drug abuse. Has the law changed so much that drugs can freely be abused because the police see that and they do not arrest anyone? I thank you.
*THE DEPUTY MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MAVHUNGA-MABOYI): Thank you Madam President and thank you Hon. Sen. Shumba. The law does not allow people to freely smoke mbanje or abuse drugs freely. It is up to all of us in this House to ensure that if you see and come across that, you need to report that and take action. It is not allowed. If you see such a thing, you should report and when you see the police allowing that and also smoking mbanje, report them as well. I thank you.
THE HON. PRESIDENT OF THE SENATE: May be the Hon. Member has seen them – do you see them?
*HON. SEN. SHUMBA: All I want to say is if the police see this happening, where do the public go and report such cases? Thank you.
*HON. SEN. MURONZI: Thank you Madam President. My question is directed to the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi. My question is - if a woman is married and rightfully wedded and the husband dies, is she allowed to get married to someone else while staying at her in-laws place? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam President. I would like to thank the Hon. Senator for raising that question. Madam President, according to our inheritance law, if you are married and live at a home the home or house is inherited by the surviving spouse. The rest may be called the deceased’s estate, but since the surviving spouse owns that home or house and they are now free because the other spouse has died, it is up to them now to use that house or home. I thank you.
*HON. SEN. MURONZI: What can be done if such a situation happens at a rural set up and the children of the deceased can no longer visit that house because the mother has moved on? Please clarify to me because as an aunt I am being asked to intervene. I need to know so that we can chase away that person right now.
*HON. ZIYAMBI: I responded with reference to marriage in an urban set up. When it comes to rural areas there are people responsible. The traditional leaders are in charge, so they determine the course. In that case what I referred to cannot apply. I thank you.
HON. SEN. KHUPE: Madam President, are we saying if we have title deeds and we are married in a civil marriage and stay in an urban area where there are no traditional leaders there are councilors and so forth, we throw away our culture that MaNcube is married to Mr. Khupe and Mr. Khupe has left the world and then MaNcube can take another husband and put him there. I just wanted to find out; are we throwing away our culture? Is that the policy of our Government the black Government is taking? Thank you.
HON. ZIYAMBI: Thank you Madam President. There are a lot of things that do not happen in urban areas that happen in communal areas. We do not have chiefs in Harare. The chiefs are in our rural areas and they are the custodians of our customs and traditions. In areas of their jurisdiction they exercise the power that they have been vested with by the President to do. So here it is completely different. You have title to your piece of land. In rural areas you do not have title. The land vests in the President and the custodians of that land are chiefs. So you cannot settle in an area that is the jurisdiction of one chief and practice traditions of another chief from your home area. You follow traditions from Zvimba and not Chihota where you were raised.
So that is the set up that we have. Unfortunately, we have to accept that is what it is. I thank you Madam President.
*THE HON. PRESIDENT OF SENATE: So, does it mean that a man can freely marry but when it comes to a woman it is not allowed yet we claim that we have equal rights?
*HON. SEN. CHIRONGOMA: Thank you Madam President for giving me this opportunity to pose my question. My question is directed to the Minister of Transport and Infrastructural Development. Our roads have been declared a state of national disaster because they are so bad. I would like to find out from the Minister; there were roads that were maintained by the Government, there were roads that were maintained by local authorities and DDF, what is the relationship now because Minister, you gave all those institutions equipment? They are not doing anything although they received that equipment. I thank you.
*THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): I would like to thank the Hon. Senator for raising such a pertinent issue in this august House. Indeed, our roads are under specific jurisdictions. If you look at the Constitution and the Roads Act, it stipulates road authorities and that is how it explains DDF, local authorities including rural or urban as well as the Road Department.
So if the Government does not specify through the President that there is a state of disaster, it remains that way but now that the President has proclaimed the state of disaster on roads, it means road administration is now centralized by the Minister of Transport. The Ministry of Transport becomes solely responsible for all roads and it is stipulated in the Roads Act. The Act states that if the Minister realises that roads are not being properly taken care of, he or she can take responsibility of these roads. I would like to applaud the stance taken by the President for proclaiming the state of disaster. It now means that the Government, through the Minister of Transport, is now responsible for the roads. It does not mean that the local authorities should stop whatever work since they got allocations from the Budget. The Government will take responsibility of certain roads and the Ministry will publish the roads that the Government will take. Those feeder roads that central Government will not take over should be maintained by local authorities. We need to put our heads together because this is a disaster for all our roads, so we need to maintain them. I thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order No. 62.
HON. SEN. ENG. MUDZURI: I move that time for questions without notice be extended by fifteen minutes since today we have many ministers around.
HON. SEN. KHUPE: I second.
*HON. SEN. M. DUBE: My question is directed to the Minister of Justice, Legal and Parliamentary Affairs. I have heard that if you are in town you can remain with the house. If I remain in the urban area in the House, witnesses are required. Those people who come to witness will say, let us wait for his brother in South Africa. The House will be temporarily in the custody of his brother. I want some clarification because I have a case which is hanging.
THE HON. DEPUTY PRESIDENT OF SENATE: I would like to advise the Senate that we have been joined by two more ministers – Minister of Defence and the Minister of Women Affairs. This is the month of March and women ministers are performing – [HON. MEMBERS: Hear, hear.] -
* HON. ZIYAMBI: The issue of inheritance is very difficult because there is a lot of dishonesty that happens. Many widows sign papers which they do not understand. When they try to make a follow up, everything would have been sorted out. Whenever something is happening, you should look for people with legal knowledge to assist you because people are corrupt these days. It will seem that when the names were changed you were in agreement.
HON. SEN. MATHUTHU: My question is directed to the Minister of Primary and Secondary Education and in his absence, to the Leader of the House. What is Government policy regarding headmasters who are still holding on to the grade seven results for non payment of school fees?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): This is not a new question. It has been addressed on several occasions that headmasters do not have a contract with learners and should there be any outstanding fees, it is illegal to withhold results. Rather, they must deal with the parent, ensure learners are not prejudiced and they continue with their education.
HON. SEN. MOHADI: My question is directed to the Minister of Energy and Power Development. Fuel is being sold in most garages in foreign currency whereas three quarters of our population are earning in RTGs. What is the Government saying about this?
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): The Government has noted that the fuel on the market is being sold mostly in United States dollars but Government has also put a mechanism to ensure that those that are earning their incomes in local currency are forced to get fuel that is also sold in local currency. There is a facility which is being handled through the Reserve Bank of Zimbabwe where some oil companies are accessing the foreign currency that is required for them to import fuel in the country, for instance the statistics that we have as a Ministry for last week indicate that the fuel that was availed on the market through the RBZ facility was 49% of the fuel that was available on the market. However, we have since instituted some investigations through the regulator ZERA to ascertain whether the fuel that is being procured using the RBZ facility is not being abused. Indications are that the fuel - from a lot of consumers that we are discussing with, seem to point out that the fuel procured through the RBZ facility, which is supposed to be sold in RTGs is not available. We have since assigned ZERA to look into that matter and very soon we shall be giving a statement as to the findings that ZERA would have obtained. I thank you Hon. President.
HON. SEN. MOHADI: My supplementary question is – I get what the Minister is saying but you find that even those garages which are said to be getting that fuel through the RBZ facility are not selling that fuel in RTGs but selling in foreign currency. I have witnessed it myself, maybe it is because I stay in the semi-urban areas whereby not even one garage is selling fuel in RTGS. So what do we do Hon. Minister?
HON. SODA: Thank you Mr President. Like I said, it was the intention of government to ensure that those that cannot afford to buy their fuel using United States dollars are also afforded the opportunity to buy fuel supported by government through its procurement. However, we do not deny that there could be some unscrupulous oil companies that are accessing the fuel through those facilities but in turn abusing the facilities that have been put in place by government. I indicated that we have taken note of that through the complaints that we are getting from various consumers and as such, we have instituted an investigation. The list is available for those companies getting the money from the RBZ facility. ZERA, which is the regulator, has been assigned to go and do the investigations. Once the investigations are done with, we shall provide the nation with a statement as to the findings and also whether the facility was abused or not. I thank you Hon. President.
THE HON. DEPUTY PRESIDENT OF SENATE: Thank you Hon. Minister, I am sure the House will be eagerly awaiting the statement with detailed findings of that regulatory body because the issue of fuel availability and cost is a topical issue. I thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order No. 66.
THE HON DEPUTY PRESIDENT OF SENATE: As for Questions With Notice I notice that the two Ministers involved with questions on the Order Paper are not available. So we move on to the Orders of the day.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): I move that Orders of the Day, Numbers 1 to 9 be stood over until Order of the Day, Number 10 has been disposed of.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Tenth Order read: Adjourned debate on motion in reply to the Presidential Question again proposed.
HON. SEN. CHIRONGOMA: I want to thank you Mr. President for affording me this opportunity to wind up the Presidential Speech which was delivered by His Excellency Cde. E. D. Mnangagwa. He gave a mouthful of good words and people debated strongly. In the Senate we debated thoroughly on this issue and all parties united. Long back, we had opposition which was led by Chamisa of MDC-Alliance. We heard that they were not allowed to debate. MDC-T repented on that and we embraced them with love. They showed that they were happy to be allowed by Senator Mwonzora to debate freely, even thanking our President Cde. E. D Mnangagwa accepting that he is the leader of Government, country and Commander-in-Chief of the Zimbabwe Defence Forces. All of us debated.
They said we should unite so that our country will go forward as one. Those were very strong words which they said and they ended up by saying even the POLAD we should support because it helps each and everyone to articulate their minds. With these few words, allow me Mr. President to move that the motion on the Presidential Speech be adopted, that a respectful address be presented to the President of Zimbabwe as follows: –
May it please you, your Excellency the President:
We, the Members of Parliament of Zimbabwe desire to express
our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament.
Motion put and agreed to.
MOTION
REPORT OF THE JOINT PORTFOLIO COMMITTEE ON YOUTH, SPORT, ARTS AND RECREATION AND THE THEMATIC COMMITTEE ON INDIGENISATION AND EMPOWERMENT ON THE STATE OF VOCATIONAL TRAINING CENTRES, THE EMPOWER BANK AND SPORTING FACILITIES
HON. SEN. MBOWA: I move the motion standing in my name
that this House takes note of the Report of the Joint Portfolio
Committee on Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the state of Vocational Training Centers, the Empower Bank and Sporting Facilities in Zimbabwe.
HON. SEN. S. MPOFU: I second.
HON. SEN. MBOWA:
1.0 Introduction
Youth participation is a critical political and socio-economic development issue. Section 20 of the Constitution of Zimbabwe exhorts institutions of Government to take reasonable measures, including affirmative action programmes to ensure that youths have access to appropriate education and training and opportunities for employment. In the same vein, the Zimbabwe National Development Strategy 1 (January 2021- December 2025) recognises the youth as “a valuable resource” which should be allowed to build and strengthen own qualities to facilitate growth and flourishment into responsible citizens. The Government has established Vocational Training Centres (VTCS) to provide entrepreneurial skills training in areas such as agriculture, hospitality and tourism, welding, motor mechanics, business studies, carpentry, building studies, clothing technology, cosmetology, and domestic electrical installation. Additionally, the Government established the Empower Bank to provide social and financial solutions to the financially excluded youths who have limited or no access to capital.
Sport is a widely acclaimed development tool and a social connector. The 2030 Sustainable Development Agenda recognises sport as an enabler of sustainable development. This includes its contribution towards the empowerment of youths and communities, realisation of peace, as well as health and social inclusion targets. The Government of Zimbabwe established sporting facilities around the country in order to nurture young talents into career sportspersons thereby reducing high unemployment levels amongst the youth which is largely attributable to lack of skills.
Pursuant to the oversight role of Parliament, the Portfolio Committee on Youth, Sport, Arts and Recreation and Thematic Committee on Indigenisation and Empowerment conducted a joint inquiry into the state of VTCs, sporting facilities and the Empower Bank.
2.0 Objectives of the Inquiry
The key objectives of the inquiry were to:
2.1 assess the state of learning facilities, equipment and accommodation at VTCs;
2.2 familiarise with various programmes and projects being implemented at VTCs to promote youth empowerment;
2.3 assess the state of sporting facilities and level of country`s preparedness to host international matches; and
2.4 assess the level of financial support rendered to young people by the Empower Bank.
3.0 Methodology
The Committees undertook the following activities as part of the inquiry:
3.1 It gathered oral evidence from the Ministry of Youth, Sport and Recreation and Ministry of Local Government and Public Works on the state of VTCs and sporting facilities;
3.2 It also gathered oral evidence from Zimbabwe Football association (ZIFA) on progress made towards the refurbishment and upgrading of stadiums in line with Confederation of African Football (CAF) requirements;
3.3 It received oral evidence from Empower Bank on the nature of financial support rendered to young people;
3.4 analysed written submissions from Ministry of Youth, Sport, Arts and Recreation; and
3.5 conducted field visits to VTCs and sporting facilities from the 6th to 10th of July 2020 as shown on the tables below:
Table 1: VTCs and sports facilities visited by Group 1
DAY | PROVINCE | ACTIVITY |
6 July 2020 | Masvingo | Mushagashe Training Centre
Mucheke Stadium |
7 July 2020 | Midlands | Zvishavane Vocational Training Centre
Mandava Stadium |
8 July 2020 | Mat South | Pangani Vocational Training Centre
Empower Bank- Bulawayo branch
|
9 July 2020
|
Mat North
|
Umguza Vocational Training Centre
Barbourfields Stadium |
10 July 2020 |
|
Mkoba Stadium
Kaguvi Training Centre |
Table 2: VTCs and Sport facilities visited by Group 2
DAY | PROVINCE | ACTIVITY |
6 July 2020 | Manicaland | Magamba Vocational Training Centre
Sakubva Stadium |
7 July 2020 | Mash- East | Rudhaka Stadium
Tabudirira VTC |
8 July 2020
|
Harare
|
National Sports Stadium,
MufakoseYouth Interact Centre, Empower Bank- Head office |
9 July 2020 | Mashonaland Central
|
Chaminuka Training Centre
Bindura Urban Vocational Training Centre |
10 July 2020
|
Mash- West
|
Mashayamombe Vocational Training Centre
Kadoma Vocational Training Centre |
4.0 Committees’ Findings
- Oral Evidence from the Ministry of Youth, Sport, Arts and Recreation
Dr T. Chitepo, the Secretary for Youth, Sport, Arts and Recreation informed the Committees that in line with provisions of Section 20 of the Constitution, the Ministry established various youth empowerment programmes and projects across the 10 provinces of the country. These include youth enterprise support and financial inclusion initiatives such as the Empower Bank, VTCs and other service centers aimed at capacitating youths through practical business exposure. In addition, the Ministry created production and incubation hubs specialising in motor mechanics, horticulture, cosmetology, dairy and livestock production.
The Secretary highlighted that the Ministry adopted the VTCs Master Plan in October 2019. She noted that the Master-Plan outlines infrastructural requirements for VCTs and a curriculum review programme in line with modern trends and current developments, amongst other key issues. The curriculum review programme would be conducted with support from the Chinese Government.
The Secretary further informed the Committees that with regards to sporting facilities, the Confederation of African Football (CAF) had conducted stadium inspections in November 2019. In its subsequent report, the CAF stipulated areas of improvement which included security turnstile gates, a levelled pitch, sitting bays, doping rooms, press conference room, official dressing room, first aid kits, flood light 1200 lux, commentary position, photographer area, VIP section, as well as ablution facilities. She noted that the Government had already released financial resources amounting to ZWL$37.6 million towards upgrading Barbourfields, Sakubva, Mandava and National Sports stadiums in order to promote sports and tourism in the country.
- Field Visits to VTCs
4.2.1 Enrolment Levels
During the field visits to VTCs, the Committees discovered that the demand for vocational education was overwhelming. This was due to the fact that a majority of students who sit for Ordinary Level Education examinations come out with less than five subjects passes that are a requisite to proceed to Advanced Level of Education.
However, the Committees noted with concern that enrolment levels at VTCs were below institutional capacity due to inadequate learning infrastructure. Mrs N Tembo, the Acting Principal of Zvishavane VTC informed the Committee that the institution had the capacity to enroll up to 700 but currently enrolment is at 450 students only. The same trend was observed at Mashayamombe VTC where the enrolment has been on the decline from 500 to 55 students. Mr B Musatya, the Principal of Mashayamombe VTC in Mashonaland West Province bemoaned that the institution had lost a significant number of female students due to drop-outs. Consequently, female student enrolment had drastically dwindled and in some programmes ceased thereby undermining its relevance in terms of empowering the girl child.
- b) Learning infrastructure
The Committee observed that learning facilities and buildings at most VTCs were in a state of deterioration. This was evident at Mashayamombe VTC where the administration block had no window panes, ant mounds were razing down doors and wood infrastructure as a result of lack of utilisation. Additionally, the Committees were dismayed to note that buildings at Panganai VTC in Insiza District were even collapsing. The deplorable state of the buildings pointed to failure to attract students by Mashayamombe and Panganai VTCs. Furthermore, it indicated the lack of effort by responsible authorities to conduct routine maintenance works which ultimately contributed towards the running down of existing infrastructure at VTCs.
- c) Training equipment
Obsolete equipment was a serious challenge across the VTCs toured by the Committees. It affected training programmes such as agriculture, carpentry, textiles and clothing and automotive trades. The worst affected institutions were Mashayamombe VTC in Mhondoro Mubaira District, Magamba VTC in Mutare, Kadoma VTC in Kadoma, and Bindura Urban VTC in Bindura where obsolete equipment was reported to be generally affecting the learning practice of students and undermined the quality of graduates. Mr A. Musariri, the Principal of Chaminuka VTC informed the Committee that the institution was still utilizing equipment donated by Germany 30 years ago.
The Committees noted that most the of courses offered at VTCs are not technology intensive which discourages prospective students. A case example is Mushagashe VTC in Masvingo which lacked computers, or internet connectivity. However, it was encouraging to learn that Zvishavane VTC had received a donation of 22 desk tops from Boltrec Engineering Private Limited.
- d) Student Accommodation
The acute shortage of accommodation was touted as a serious challenge affecting students enrolled at VTCs. According to information gathered by the Committees at Umguza, Zvishavane, Mutate and Bindura Urban VTC, only 15% of students enrolled at centres could be accommodated on-campus. Further to that, the Committees noted that dormitories at most VTCs were constructed immediately after the attainment of Zimbabwe’s independence in 1980. Due to the wear and tear, ablution facilities at Chaminuka VTC in Mashonaland Central Province were an eye-sore, whilst the bedding facilities at Mashayamombe VTC were make-shift old rusty spring beds without any mattresses.
Moreover, the Committees learnt that Bindura VTC had only done two enrolments from 2014 to 2016 and cancelled other enrolments to pave way for construction of trainee`s hostel and renovations to the learning facility. These construction works were funded by the Freda Rebecca Mine and the Bindura Community Share Ownership Trust. However, completion of the construction projects stalled due to withdrawal of support by the two funders after the community had failed to meet the dead line. The Committees was also informed that Zvishavane VTC had partnered with Mimosa Mining Company which fully funded the construction a girls’ hostel at the institution.
- e) Projects
The Committees noted a trend of underfunded projects during the visits to VTCs. Most VTCs had projects which were either semi-finished or stalled due to the inadequacy of financial resources. VTCs such as Bindura, Chaminuka and Mushagashe were struggling to fund their projects. The Committees learnt that Central Government support had a number of bottlenecks ranging from late disbursement of funds to bureaucracy. An illustrative example is Bindura VTC’s pinnacle project which never took off since 2016 due to lack of financial support from the Central Government. Officials at Mushagashe VTC informed the Committee that despite submitting bids to the Ministry of Finance and Economic Development for the past 5 years no allocations towards the Centre’s projects had been made through the National Budget.
During the field visits, the Committee toured dairy projects at Kaguvi and Umguza VTCs. The Committee was informed that adequate infrastructure for the two dairy projects had been acquired through the support of Dendairy and were potentially profitable business opportunities. However, both Centres were struggling to source cow feeds as local suppliers were charging in foreign currency. In fact, the Committee found out that the Umguza Dairy had 20 heifers, Vet clamp, Spray race, two-point milking machine, four cows abreast milking parlour, a 70 metre borehole, Biosecurity, Feed storage facility, 6 milking cans. Unlike Kaguvi`s dairy project, Umguza dairy had a total daily output of 80 litres of milk which was delivered to Dendairy after every two days.
- f) The fate of students post-graduation
The Committees found out that most graduates from VTCs were experiencing challenges in acquiring start-up kits to pursue business enterprises, hence the skills acquired were not being utilised in local industry and the market. Graduates from the automotive trade and agriculture programmes at Magamba VTC were failing to meaningfully join the mainstream economy owing to lack of adequate business start-up kits. The Committees noted that this state of affairs undermined the essence of the comprehensive youth empowerment architecture model through business development.
- Empower Bank
Mr. S. Mhembere, the Acting Chief Executive Officer of the Empower Bank informed the Committees that the entity is a registered deposit taking micro-finance institution wholly owned by the Government of Zimbabwe. The Bank provides social and financial solutions to the financially excluded population with greater focus on the youth, particularly focusing on youth-led businesses and agriculture projects, asset finance, guarantees and savings accounts cutting across urban, peri-urban and rural Zimbabwe. Since 2020, the newly-established bank has lent over $9 million, with 1 500 youths benefiting from the loan facility. The interest rate is 5 to 7 percent depending on the nature of business. However, its services were centralised in Harare and Bulawayo only. A proposal was made for the Bank to conduct community reach-out programmes in order to raise awareness to young people in rural areas on its services. The Committees further established that Empower Bank was being run by an Acting Chief Executive Officer for the past five years and that its Board of Directors lacked a substantive Chairperson which affected its efficiency and effectiveness. It was still in a loss position due to start-up costs, payment defaults and constrained business owing to hyperinflation and the Covid 19 pandemic effects. The Committee was informed that US$ 5 million capital injection was required to meet business growth and new minimum capital requirements for the microfinance bank.
- State of Sporting facilities
The Committees were apprised by the Secretary for Youth, Sport, Arts and Recreation of the minimum Premier Soccer League (PSL) and Confederation of African Football (CAF) requirements expected for a stadium as follows:
- A levelled green pitch clearly marked in white;
- Flood lights 1200 lux covering pitch uniformly;
- Official dressing rooms;
- First aid and medical treatment and stretcher carriers;
- Doping control room;
- Media tribune, press conference room and media facilities;
- Spectator facilities;
- A photographer area and camera positions;
- Signage and bucket seats;
- VIP parking area and;
- One commentary position.
The Committees conducted visits to sporting facilities after being condemned by the CAF for failing to meet the above requirements. The Committees visited Sakubva in Mutatre, Mandava in Zvishavane, Barbourfields in Bulawayo, Mucheke in Masvingo, Rudhaka in Marondera, Ascot in Gweru and National sports stadium in Harare respectively. The Committees establish that, poor sporting facilities had not only made it difficult for the country to host major international competitions, but resulted in loss of revenues that could have been generated from these facilities. The main challenge with sporting facilities is lack of maintenance and that most caretakers who are responsible for the day-to-day maintenance either have little or no expertise in stadium maintenance.
The Committees also established that the current set up of the Sport and Recreation Commission is solely focused on sport development outside facilities. Currently there is no expertise on the ground to look after the turf, for instance. Furthermore, the Stadium Management Board at the Ministry of Local Government and Public Works has completely failed to execute its mandate and is no longer in existence. In the same vein, both the Ministry of Youth, Sport, Arts and Recreation and local authorities who own stadiums do not have a strategy in place for the country`s stadia. The Committees also noted that devolution funds had not been channeled towards maintenance and upgrading of sporting facilities by local authorities who own them.
A visit by the Committees at Mucheke, Ascot and Mucheke stadiums revealed why these stadiums did not meet 80 percent of the CAF requirements. The pitches were humpy with weeds outgrowing the lawn and lacked markings. The absence of the following critical items compounded the situation; flood lights 1200 lux, official dressing rooms, first aid and medical treatment and stretcher carriers. Furthermore, there were no doping control rooms; media tribune, press conference rooms and the ablution facilities were not safe for use. The B-Arena at Ascot stadium had also been converted into residential stands by the Gweru City Council which demonstrate the local authority’s lack commitment towards sport development.
The Committees’ findings at Mandava, Barbourfields and National stadium also confirmed why these stadiums could not meet the CAF requirements. At the time of the visits, work was underway to replace the turf, separate VIP area with the rest of the ground and refurbishment of the media and doping control rooms. The Committees noted that these three stadiums did not have facilities to cater for people with disabilities, bucket seats and floodlights 1200 lux. It is pertinent to note that the Committee was impressed by the progress made in upgrading and refurbishing the Mandava Stadium through funds from the Mimosa Mining Company. The stadium had met 98% of the CAF requirements, what was still outstanding was the purchase of flood light 1200lux and the total amount required was UDS$ 90 0000.
6.0 Committees’ Observations
The Committees made the following observations:
6.1 The shortage of human resources was a serious challenge which exerted too much pressure on employees as they were being forced to multi-task in order to plug the gaps across all the VCTs visited.
6.2 The equipment and infrastructure in most VTCs was obsolete, an anomaly which affected the learning practice of students, thereby compromising the competency of graduates, particularly in the areas of agriculture, carpentry, textiles and clothing, automotive trades. Additionally, the Committees were disheartened to observe that the existing infrastructure at VTCs was in a state of disrepair which indicated the lack of goodwill to exercise routine maintenance and housekeeping activities by officers.
6.3 Despite the fact that VCTs have the capacity to take for more than 80 percent enrollment of students into tertiary education per annum, most Centres had incomplete or white elephant projects due to lack of financial and other resources or in some cases late disbursement of the same.
6.4 Students at VTCs suffer due to the acute shortage of secure accommodation facilities with conducive and effective studying environments as on-campus facilities could on average cater for 15 percent of the enrolment.
6.5 The lack of access to start-up capital grossly impeded the entrance of graduates into the local industry and mainstream economy thereby undermining the very essence of establishment of VCTs.
6.6 The Empower Bank has operated for more than five years without a substantive Chief Executive Officer which undermines its efficiency and effectiveness.
6.7 Although the Empower Bank aims to provide loan facilities to youths across the country its services are currently accessed in Harare and Bulawayo and not yet decentralised to rural provinces of the country.
6.8 The country lacks a clear stadia management strategy. While the Sport and Recreation Commission is largely focused on sport development and outside facilities, there is currently no expertise to maintain the turf in stadia, for example. The Stadium Management Board which used to be under the administration of the Ministry of Local Government and Public Works was no longer in existence.
6.9 The failure by stadiums to meet FIFA and CAF standards was largely due to poor management of sports facilities and lack of prioritisation by owners. For example, all local authorities had never set aside any amount from devolution funds towards upgrading and refurbishment of sporting facilities.
6.10 All the VTCs and football stadiums have not set up enough facilities to cater for people with disabilities
7.0 Recommendations
The Committee made the following recommendations:
7.1 The Ministry of Youth, Sport, Arts and Recreation in collaboration with relevant Government departments, should ensure that all VCTs have substantive Principals by 31st October 2021. Acting Principals must be given first preference subject to merit.
7.2 The Ministry of Finance and Economic Development should mobilise adequate financial resources for VTCs and sporting facilities maintenance and development. The Ministry should allocate 80 percent financial resources to VTCs through the National Budget in order to enable these institutions to sustain their operations by 31st December 2021. Additionally, the Ministry must allocate adequate financial resources to the Ministry of Youth, Sport, Arts and Recreation to ensure that all sporting infrastructure meet international standards within the same timeline. Furthermore, the Ministry of Finance and Economic Development should explore other financial resources mobilisation initiatives such as Public-Private-Partnerships (PPPs) and tax incentives in order to stimulate investment in VTC facilities and sporting infrastructure by 31st October 2021.
7.3 The Ministry of Local Government and Public Works should ensure that at least 2 percent of the devolution funds is directed towards the development of VTCs by 31st December 2021.
7.4 The Ministry Youth, Sport, Arts and Recreation should regulate all VTCs and sporting facilities to ensure that they cater for people with disabilities by 31st July 2021.
7.5 The Ministry of Finance and Economic Development should appoint a substantive Chief Executive Officer and Chairperson of the Board of Directors to strengthen operations of the Empower Bank by 31st June 2021.
7.6 The Empower Bank should decentralise its services to district level and conduct awareness campaigns to ensure that all eligible beneficiaries access its services, including youths in rural areas and students in VTCs across the country by 31st December 2021.
7.7 The Ministry of Youth, Sport, Arts and Recreation and Ministry of Local Government should appoint a Sports Management Board and sign a Memorandum of Understanding (MOU) regarding the usage and maintenance of sporting facilities by 31st July 2021.
8.0 Conclusion
The strategic importance of VTCs, the Empower Bank and sporting facilities to the socio-economic transformation of Zimbabwe cannot be underestimated. VTCs empower our youth with entrepreneurial skills to venture into the small and medium business sector which currently contributes significantly to the country’s domestic product (GDP). Closely linked to that is the critical financing role of the Empower Bank which provides the much- needed business start-up capital for the youth. Similarly, excellent sporting infrastructure attracts better performance resulting in abundant socio-economic benefits such as employment creation and revenue generation, amongst others. Thus, there is an urgent need for a coordinated approach to the management of sporting facilities in Zimbabwe by the Ministry of Youth, Sport, Arts and Recreation, and Ministry of Local Government and Public Works. I thank you.
HON. SEN. MBOHWA: I move that the debate do now adjourned.
HON. SEN. KHUPE: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 23rd March, 2021.
On the motion of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE), the House adjourned at Twenty One Minutes to Five o’clock p.m. until Tuesday, 23rd March, 2021.
PARLIAMENT OF ZIMBABWE
Wednesday, 17th March, 2021
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY PRESIDENT OF SENATE
SWEARING IN OF A NEW MEMBER
THE HON. DEPUTY PRESIDENT OF SENATE: In terms of Section 39 subsection 7 (a) of the Electoral Act Chapter 2.13, the Zimbabwe Electoral Commission (ZEC) notified the Clerk of Parliament that Frederick Shava, has been duly appointed as Senate party list member for Midlands Province with effect from the 16th of March, 2021.
Section 128 (1) of the Constitution of Zimbabwe provides that before a Member of Parliament takes his or her seat in Parliament, the Member must take the Oath of a Member of Parliament in the form set out in the 3rd Schedule of the Constitution. I therefore call upon the Clerk of Parliament to administer the oath of a Member of Parliament to the Senator in terms of Section 128 of the Constitution.
NEW MEMBER SWORN
HON. AMB. DR. FREDERICK MAKAMURE-SHAVA subscribed to the Oath of Loyalty as required by the Law and took his seat. – [HON. MEMBERS: Hear, hear.] –
NON-ADVERSE REPORT RECEIVED FROM THE PARLIAMENTARY LEGAL COMMITTEE
THE HON. DEPUTY PRESIDENT OF SENATE: I have to inform the Senate that I have received a non-adverse report from the Parliamentary Legal Committee on the Statutory Instruments Number 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 53, 54, 55, 56 and 57 for the month of February 2021
LOGGING IN ON VIRTUAL PLATFORM
THE HON. DEPUTY PRESIDENT OF SENATE: I wish to remind all Hon. Senators that they are required to log in using their full names for identification purposes or indicate their names on the chat platform. This will assist officers in capturing their names on the attendance registers. Hon. Senators are also reminded to keep their gadgets on mute and only un-mute when called upon to speak by the Chair.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Orders of the Day, Numbers 1 to 3 be stood over until the rest of the Orders of Day have been disposed of.
HON. SEN. SIPANI-HUNGWE: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
*HON. SEN. TSOMONDO: Thank you Mr President for affording me this opportunity to debate on the Presidential Speech. I also want to thank Hon. Sen. Chirongoma for bringing the issue up. On the issues that the President talked about – I want to talk about COVID-19 and Pfumvudza.
On COVID-19, I want to thank the President for standing with the people of Zimbabwe. Looking at hospitals, he upgraded most hospitals. Where people were affected by COVID, our President stood by his country. He supported the upgrading of hospitals and people who got sick were attended at our local hospitals. He sourced machines from outside as he is well connected. Now, all our hospitals have ventilators. Our President appeared on our national television announcing guidelines to ensure everyone was aware of the COVID-19 guidelines like social distancing, sanitising, wearing a mask and so forth. He also put a lockdown in place and many people did not know why they were not going to work but later on they realised that the disease would spread. That is why he said people should stay at home so they would not spread the disease. He was protecting his family from being affected by the disease. We also want to thank the President for the vaccine that he brought into the country. At first, people were afraid of getting the vaccine but now after seeing that all the leaders were vaccinated openly they all want to be vaccinated because they have realised there is nothing wrong with the vaccine. Even in the rural areas everyone wants to be vaccinated because they have realised that people will not die if they get vaccinated.
I also want to thank our President for the COVID allowance because he realised civil servants were not going to work and pensioners needed cushioning, so he gave people COVID allowance and I want to thank him for supporting his people. He did not end there but went further to introduce the Pfumvudza Programme. It was well received by people everywhere and everyone participated. Before this, we would import maize but this time everyone has maize. Pfumvudza is very good because you use your hands and not tractors. If you go to the rural area everyone has a hoe and all the people who made land preparation as per Pfumvudza instructions got inputs and they are very happy with their yield. The good thing about Pfumvudza is that it does not cause soil erosion and it conserves the rains. We are very happy with the Pfumvudza Programme which was introduced by the President. People are happy and they are going to have a good harvest. Thank you Mr. President.
*HON. SEN. KOMICHI: Thank you Hon. President of the Senate for giving me the opportunity to contribute towards the Presidential Speech which was moved by Hon. Sen. Chirongoma. I would like to contribute a few words and comment on a few points raised by the President of this House. I would like to agree that indeed this year is a very good season. We were blessed by the Lord and got a lot of rains. We are seeing a lot of anticipation with regards to harvesting. The fields are looking very good and the Pfumvudza Programme is showing that everything went on well in the rural areas. All is well. It means when looking at the food distribution and food for households, it will be better than the other seasons. The effort that was put by the President, His Excellency as well as government to empower the people to fend for themselves can be heard through the radio, television and newspapers. A lot of people responded to that programme and we received the rains. We also see that our dams that had dried have now filled up. We have had a lot of rains this year. Whatever happens to us with regard to farming, we are assured that this year will be much better because of the sufficient rains. People should prepare adequately because we do not know what will then happen.Will we have the rains again? People should then prepare because we do not know when we are going to have good rains again.
We have a lot of problems that we face. In his speech the Hon. President of this country said the economy needs upliftment and development. It needs us to sit as a nation and a people, discuss and distribute accordingly and equally amongst the citizens. On the wealth of this country, we see how people are suffering in the rural areas. Things are hard and there is no employment. Women and young children, and some of these youngsters have gone on pension without even working. Things are really hard.
We should see to it that we have developed the health sector. We should make sure that people have access to basic healthcare. We should also reflect on the problems that we came across when we were hit by the COVID-19 pandemic. I understand that other countries got funding to fight the pandemic. South Africa is said to have received US$4 billion to help fight the pandemic but here in Zimbabwe we did not get such any amount. It means this country struggled on its own to find people who could give them funding to assist them financially.
My point is centred on the issue that we have we failed as a nation to work together, discuss and see what we can do as a country to have progress. Our country as Zimbabweans, even if we are to go outside the country Mr. President, we do not get assistance. We are insulted by other countries. As Zimbabweans, have we failed to see to it that we come together as one nation and plan forward to see to it that we have peace, progress and development as a nation?
I would like to repeat the words that were expressed by my own President from my political party, Senator Mwonzora who is here. He said as Zimbabweans, we should come up with a national dialogue. Let us come together as one and find a sustainable solution. Yes, we might have elections as a country and have differences politically, go for elections but when we come back let us put our heads together and find a sustainable solution for this nation. Let us not concentrate much on elections. Each and every time, let us not be found discussing or planning elections whilst the country is being destroyed economically and politically. You might be from the opposition or ruling party, but the pain of this economy does not choose, it actually hits everyone.
I would like to emphasise on the issue of the national dialogue which was raised by my President to say those from the Government, let us put our heads together and fix this issue. I understand there are a lot of things that have to be done, but we kindly ask that we find a sustainable solution as a nation. The problems that this country faces affect everyone despite their religion, political affiliation and so on, everyone is feeling the heat. Even vendors and ordinary people are feeling the pain because of this issue. Why do we not make sure that these people meet and discuss the way forward and come up with a sustainable solution? They should have a negotiated settlement.
It is out of this discussion that we look forward to seeing a national unity being birthed from these negotiations. We should have a holistic approach to problems of this country. The issue that is pertinent to this country is the issue of sanctions. When we come together as a country we can win and come up with solutions. If we come together, even when there are restrictive or targeted sanctions, these are just names and we can come up with a sustainable solution when we come together and when we are one.
People can go to America, China and Russia to inform them to lift the sanctions when we are working as one. That is if we go with the people who represent all the sectors of this country and inform them that we have come together as a country, may you remove these sanctions. That way, we can make sure that we find the money to fix all the economic, social and political problems that we will be facing as a nation. When this programme and negotiated agreement comes to an end, we would have achieved good relationships with other countries. When our officials visit these countries, we are able to get assistance.
I emphasise these words because we had a GNU in 2009, we had a lot of help from many countries over a short period, but we want to have and achieve more things more than we did during the GNU. We want to do big things from the negotiated agreements. We want to solve these problems that we have faced over the years. We do not want to see these problems anymore. Our future as a country should not be filled with insults and name-calling by other countries. We should not have a situation where a country loves chaos and hate. Our negotiations should give birth to national healing and reconciliation. Those who are angry should find understanding from these negotiations.
Our citizens should feel secure staying and living in this country. We should have a situation where the perpetrator and the victim come together and put everything behind. Our country is said to have not been practicing human rights but when we seat together, having a national dialogue and discussing the way forward we will find a sustainable solution. It is my wish and my thinking that Zimbabweans do not know that when we come together, discuss, negotiate, we can come up with something tangible. Our country is divided Mr. President, not only between Government and the Opposition. There are people that if they hear that Hon. Sen. Komichi has been run over by car, they celebrate. The funny part of it is that we are all Zimbabweans, that division Mr. President, if we sit down as Zimbabweans, have a national dialogue, this will be a thing of the past.
The next elections will be held in 2023, we should be having a unity of purpose by then. With those few words, I thank you.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President. Firstly, I would like to say congratulations to Hon. Sen. Dr. Shava for being appointed a Senator. Being a Senator is a very big appointment. We might later on say congratulations to the Minister title but the first thing is you are now in the Upper House. You have been placed in the right House. Congratulations to you Hon. Senator!
I would like to thank His Excellency, the President for the speech he delivered, it gave us direction. Let me thank Hon. Sen. Chirongoma and his seconder for this motion. Let me say COVID has been mentioned in this House for a very long time. We are happy with the work that is being done with regard to the response to the COVID-19 pandemic. The President of this country also mentioned the reform of state enterprises and parastatals. I would like to take the importance of these words that he mentioned, ‘if these parastatals are not fixed this will kill us as a nation in many areas’. Firstly, is what do we get from the parastatals? Of the tasks that we give them, what are we getting from them? Are we getting what we expected? If you look at the National Railways of Zimbabwe (NRZ), so many years have been wasted trying to fix NRZ. This is a very big issue. We hear that NRZ workers go for six months without being paid. They have a role to play as family members, so they cannot carry out their mandate properly.
Let me look at the 5 year National Development Strategy which starts from 2021 to 2025. I would like to encourage all Members of Parliament to attend workshops so that we understand what this document means. Do we understand what the President said in that document? We kindly ask Parliament to arrange workshops for Members of Parliament so that they understand the contents of the document.
I was also impressed about the irreversibility of the Land Reform Programme to say the land that we took no matter what, we will not reverse that process. We should remain like that, hence the irreversibility of the Land Reform Programme. Everyone is now in support of that programme. We want to progress Mr. President. Machinery might be there but if people are not organised, we will have a problem.
I would like to applaud the Ministry of Agriculture headed by Hon. Dr. Masuka. He is well organised, he has shown good leadership qualities. He has done well as a Minister. It is my wish that when the Minister comes to this House, we ask on the issue of cattle diseases especially January disease. People have lost their livestock and they were left with nothing. Will people be able to buy these cattle again, I doubt. It is very difficult for people to rise again especially those who were into cattle farming. Some of the farmers lost 20 to 30 heads.
Let me move on to Pfumvudza farming. This year we will have bumper harvest as a country. The best thing is to continue with this programme to prevent the chaos caused by people who want to do farming along streams, people just build houses even in wetlands. We have people who are no longer following traditional leaders. We have people who want to stay wherever they want and say we do not have traditional leadership. There is nothing like that. People should adhere to the way things are done. Headmen should make sure that things are done properly. We even have dubious characters who are claiming to be headmen when they are not and they are settling people in illegal settlements. This is killing our country and it should be fixed. I am following the President’s speech. He talked about fuel. It is very important Mr. President, that even in this House during Question Time, let us ask the Minister when we are going to have fuel. All those pertinent questions should be asked to the Minister and he should give us the exact answers that we are looking for. Fuel is now there and we would like to thank the Government for the policy that was put in place to fix this problem.
Even since the Mugabe era, we had problems when it comes to fuel but we never took any foreign currency from any other country. It was a policy issue and it was fixed and we do not have queues anymore. There are those who have that strategic plan and there were those who were sabotaging such plans. It was good to liberalise the fuel market. There are those who have interest. It is my thinking that amongst the Directors and Ministers, those who advise the Government, you have conflict of interest. There are some who block the good strategies that are meant to help the country develop the nation, corrupt elements within Government.
It reminds me of our days at the University of Zimbabwe when we used to use the Peugeot as our means of transport to get into town. Our transport experience taught us otherwise. I would like to mention the issue of roads in this country. I am from Masvingo and what has been done on this road from Masvingo to Harare is amazing. It is a new road indeed and that is the truth. It is not yet complete but you can see that the project is progressing very well. I can liken these roads to the South African roads because these are beautiful roads. It is nice and it is good.
We now look at social protection and people centered policies – those who are vulnerable, insecure and those who are over the age of 60. We would like to remember always that there are people who do not have access to some of the basic things. Let us continue to remember them, those who are disabled, let us not forget them. The other issue is of school fees in some of those places for example, Charumbira Primary School. Even if we are to say it is USD20, some of these people do not have and cannot afford some of these monies. Let us avoid social disorder, corruption and unfairness.
Let us make sure that children get education. We have distributed land amongst ourselves – what will the children get when they grow up without education? It means they have nothing and without education, they are going nowhere. The other issue is of devolution. Let us allow for the decentralisation because it is very important. We should also talk about the Youth Bill. There is nothing as good as the Youth Bill. Let us take care of the young ones including the women so that we have progress in the country.
Lastly, he mentioned the illegal economic sanctions that were imposed, on albatross on our economy. These should be removed unconditionally. This issue has been mentioned by Hon. Sen. Komichi. I was shocked why you did not clap your hands. He mentioned a very important point and I do not know why you were not happy. What Hon. Sen. Komichi said is very important because he was part of the team that was making noise about the imposition of sanctions on this country, but now that he is mentioning that these sanctions are killing us and they are bad on this country, it is very important for us as a country.
This is very good for progress of this country. He has made it right and this is very good what he has done. Let us come together as one. We are happy as chiefs that our children are doing a very good thing. He mentioned unity and inclusive Government. We did a global political agreement where others went to Kariba, South Africa and Nyanga and they were said to be negotiating. The model which was used there could have been the wrong model. It came to nothing after that. We might make the same mistake. Let us look at the model which was used for the Global Political Agreement. Let us review that agreement. Instead of taking people from other countries, why not make use of chiefs as facilitators of these agreements? Why do you charter planes to this country? It is very expensive to bring these individuals into this country.
Why is it that we like people from other countries to come and help us? Let us have local solutions to these problems without these southern people. Let us do this ourselves as a country. You will see there is a sustainable solution to the problems that we are facing. Let us fix the model that we used for these political agreements. Let us remove these sanctions as one. What more do you want? Need I say more? Thank you very much Mr. President.
HON. SEN. M. D. NDLOVU: Thank you Mr. President for giving me this opportunity to present my maiden speech which is highly connected with the speech of our President, His Excellency President E. D. Mnangagwa.
Mr. President, Speaker of Parliament Hon. Jacob Mudenda, His Excellency President of Zimbabwe, E. D. Mnangagwa, Leader of the opposition, Hon. D. T. Khupe, my president who is here Hon. Senator D. T. Mwonzora, Clerk of Parliament and the entire staff, I would like to make my maiden presentation to this august Senate.
My speech will highlight five key issues that are close to my heart as a community advocate and leader, as a mother, grandmother and as a civil society activist for a long time. The five issues which are cross - cutting and are at the centre of poverty alleviation and eradication in our communities are:
- Sanctions and the so-called restrictive measures.
- Gender based violence.
- The economy.
- Agriculture support and development.
Sanctions
The country of Zimbabwe has faced two decades of unending sanctions. Reasons for these are many and known by those who imposed these sanctions. As people of Zimbabwe, we all call with one voice that those sanctions must go with immediate effect. This toxic action of sanctions caused by our Land Reform Programme must be rejected by all Zimbabweans because it has destroyed all sectors of our economy. It is said it is a targeted issue yet it is not.
My appeal Hon. President, is that both sides of this House regardless of opposition, meet each other halfway and detoxify these sanctions, correct or assist the long standing issues of our historic corruption and land reform as pointed out by the Land Commission and deal with motive issues. Our re-engagement efforts gallantly marshaled by the late Minister of Foreign Affairs and International Trade, S. B. Moyo - may his soul rest in peace, must be continued in his memory. On that note I would like to pass my condolences to all those who have succumbed to the COVID-19 pandemic. The spectra of sanctions means our efforts to fight the pandemic will be difficult. We find it difficult to get the necessary vaccinations from such firms as Johnson and Johnson, Pfeizer and AstraZeneca yet we need all the support from both the East and West as the expected vaccines from China and Russia will not be enough.
Gender Based Violence
GBV is a cause for concern world wide as it has become a serious global health, human rights and development issue. It is symptomatic of the existing glaring inequalities, power imbalances and poverty in our communities. Legal frameworks such as GBV Act, civil society and government department’s intervention or treatment and participation are falling short of stopping societal ills. I implore Hon. Senators to try and do more on this issue. GBV as noted by the World Bank in 2019, contracts a country’s Gross Domestic Product by 3.7% and thereby it increases incidences of poverty. The situation has been made worse by the COVID-19 pandemic as reports indicate an increase in GBV activities as couples struggle to cope under the strain of lockdown and poverty with most households reliant on informal trade for their livelihood.
Economic
I appeal for resolution of prices, pay and currency dichotomy and imbalances in our economy. The auction system might be working for big businesses but for the common man in Nkulumane, Muzarabani, the subsistence farmer in Nkayi and the civil servant in Esigodini who gets paid in bond notes, it is a living nightmare as they are expected to buy in Rands or United States dollar denominated prices in all shops. The situation in most households regarding poverty in Bulawayo is deplorable. Our people deserve a functioning economy and social protection. The efforts of Government and NGOs dealing with urban poverty through groceries from NGOs, maize from the Government is commendable but not enough. It also represents the abdication of Government to look after its people. The Minister of Finance and Economic Development often talks of surplus but if that surplus does not translate to comprehensive coverage through social protection of the most vulnerable, the unemployed and the old, women and the unable bodied people, it only becomes a slogan and ticks marking exercise for the World Bank and IMF.
Agriculture
A greater percentage of our people rely on agriculture and specifically rain fed subsistence farming for their livelihood sustenance. The good rains recorded country wide this farming season must translate to good harvest and storage of especially grain for future lean seasons. The Government supported inputs year in and year out but dependence seems to be unending.
We must seriously look at these agricultural subsidies. Should we subsidise inputs only or look at outputs; should we tailor make support and should we continue the Pfumvudza/Intwasa 5kg, 16 by 9 concept? Can Intwasa go commercial if we look at quantum of support and size of plots? Is it sustainable and enduring Intwasa/Pfumvudza might come out as a successful political story and temporary subsistence farming story?
Devolution
The much hyped devolution has not been translated into practice. We must all remember that the devolution concept came into being after a protected campaign by many. Its political acceptance currently obtaining calls for speedy implementation indeed. Political will must be coupled with bureaucratic action eight years after devolution became part of our Constitution. Its primary implementation frameworks of provincial councils are yet to take off. One wonders whether it will really take off regarding real implementation of fiscal allocations and autonomy of our provinces.
Education
The issue in our education institutions is bad due to COVID- 19 lockdown. Not all parents afford to pay extra lessons for their children to cope with lessons. For those who have finished grade seven and looking for form one places, some schools ask for pay slips from parents before they enrol a child but there is nobody who does not know the situation in Zimbabwe. Everybody depends on informal trading. Therefore, I ask this august House to call for the Minister of that sector to interview and stop this toxic system.
In conclusion, I would like to remind the House that midway through the life of this Parliament, our people are still looking for those promises. Professor Mthuli Ncube gave a glowing account of Transitional Stabilisation Programme and our own, His Excellency President E. D. Mnangagwa made hope filled promises for the National Development Strategy 1. Zimbabwe people still have that hope to be fulfilled by action. I thank you.
*HON. SEN. DENGA: I would like to thank you for giving me this opportunity to debate on the motion raised by Hon. Sen. Chirongoma on the Presidential Speech.
When the President delivered his speech on agriculture, he spoke about Pfumvudza and Command Agriculture. We want to thank the Lord for good rains this year and this means we have a bumper harvest but there are a lot of issues surrounding the harvest. We do not know about whether the pricing will support farmers because right now tobacco farmers are crying because they do not know the prices yet. They do not know whether they will get their money in US$ or it will be half RTGs and US$. As their representatives here in Senate, we want to support farmers so that they will be able to go back into the field in the next season.
There was an issue which was talked about by Hon. Sen. Chief Charumbira about the national herd. It is now three years and people have been talking about the depreciation of cattle herd because of deaths in the rural areas. Parents out there dispose livestock in order to pay fees. I think the Government should declare this as a state of national emergency just like what is happening in this COVID era so that people get access to vaccines that help their cattle so that they will not lose.
Coming to Pfumvudza, we have seen people digging holes but the Pfumvudza inputs were delivered late. We expect that when the President speaks, all the departments who are involved in agriculture should make follow ups so that people do not lose time redoing the holes because they will have been covered by grass and water.
On corruption, the President said that there should be zero tolerance to corruption. Right now, we are seeing corruption happening in all sectors especially in agriculture. If you visit a number of areas, you will find that inputs were being given to illegal miners because they were able to pay at the depots then they would go and resell them and end up buying vehicles or beer. We have documented evidence on that. For our economy to move forward, we should deal seriously with corruption, because corruption is just like sanctions. If we unite as Zimbabweans and work together as one, we will see the issues of corruption being dealt with. Corruption in agriculture and other sectors should be properly investigated.
The President also talked about irrigation and the building of big dams. We have a good example of Tokwe-Mukosi Dam which is now overflowing but downstream there is no production. We want to see fields being opened so that we have all year round progress going on there such as dairy and horticulture.
Then coming to the monetary policy, it had stabilised because the President had said they had discovered it was Econet which was causing inflation but we are seeing the same trends coming back. The percentages being charged by Econet and other service providers has spilled into the markets. Money is being sold even through the banks, some being drawn from Nostro accounts. We are saying those who deal with finances should check on those so that we are able to achieve our Vision 2030. With these few words, I want to thank you Mr. President.
HON. SEN. GUMPO: Thank you Mr. President for affording me the chance to debate on the Presidential Speech. First and foremost, I would like to commend His Excellency for his well designed opening speech which was eloquently delivered in both Houses of Parliament. As usual, His Excellency, the President praised the peaceful environment that our country is enjoying, taking into account that most countries are experiencing political turmoil. The current good political environment that our country is enjoying is credited to His Excellency who has created a level playing field where everyone enjoys the freedom of expression. The Presidential Speech covered most areas that are experiencing challenges. The speech clearly indicated what government is doing about the challenges and that includes the cyclone, the current drought that greatly affected the whole country as a result of the global climate change and the shortages of power generation due to drought and other factors. The drought caused the death of most domestic animals as well as the wild animals, thereby destroying most of the pastures and also creating water shortages in both urban and rural areas. The President said government is doing its utmost to control the unusual situation. He also spoke about shortages of cash that is affecting the populace. However, the President spelt measures meant to cure the runaway inflation which was partly caused by the current economic sanctions imposed on the country by the Western countries. The inflation seems to be stabilising.
The President encouraged the nation to remain united despite the challenges, as government works on solutions which will enable the country to regain its breadbasket status in the region. Mr. President, COVID is a new development that the President talked about and he assured the nation that government is doing its best to try and control the pandemic. It is everyone’s hope that the death rate will continue to decline until the pandemic is eliminated. The President assured the nation that despite the challenges that the country is facing that no one will die of hunger. He indicated that the country is already importing essential goods in order to reduce the challenges and improve the livelihood of the people.
The President also condemned corruption and declared zero tolerance to this cancerous and undesirable practice. Many S.I.s have been issued on COVID-19 and it is the role of every citizen in our country to respond by observing all the rules of COVID-19 issued by WHO and our government to make sure that they are fully observed in order to avoid further lockdowns which affect all our industries because they are imposed to curb the disease. Surely prevention is better than cure.
The lockdown is very costly as it affects the industries and employment for the generality of the population. Schools are closed and the children suffer as they spend more time at home instead of being at school. The goal is in everyone’s court. We have a duty to play to correct the gain. The President said the problem is in some of these social places such as bars, hotels and the shebeens where these rules are not properly observed.
Madam President, it is very surprising that you see groups of people moving, talking and laughing and hugging with no mask at all. This is indeed a dangerous situation which needs to be corrected. One wonders whether the law enforcement in these areas is being forceful and effective in these conspicuous places. If we continue in this manner and the COVID-19 gets out of hand in our country again we will have no one to blame. Our country has a delicate economy and cannot afford to have more lockdowns.
Today Madam President, I took it upon myself to drive in town trying to count the number of people that were not wearing masks. It was surprising that throughout the day I only found one person. This is praise to the Ministry of Home Affairs that is in charge of the operations. This is surprising and I hope such a situation prevails in many other places. Some of those areas that are affected by people not complying are the rural areas. People still do not understand about COVID-19. You find them walking around, hugging and also laughing. We still have a job to do there. I hope the Chief’s Council will do something about the communal people. Lucky enough, we have not heard a lot of cases in those areas, but it is a matter of time whether that situation will not get to those places. I thank you.
HON. SEN. T. MOYO: Thank you Madam President for giving me this opportunity to add my voice. Firstly, I would like to thank the people of Bulawayo for nominating me to represent them in this august House. I am a member of MDC-T.
I noticed that in Bulawayo we do not have enough dams. The current dams were built during the Smith regime which they built for themselves, because at that time they did not want black people to stay in towns. They were also few locations: Sizinda, Makokoba, Njube and Luveve. Now, the locations have expanded, that is why we are running short of water.
Madam President, we plead with the Government to build more dams. Women and young girls are suffering as they have to walk some kilometres to fetch water. They are raped on their way and a 20 litre bucket is not enough for a family. They are forced to go two or three times a day such that girls do not have enough time to do their homework. The raping of young girls affects their education as they find it difficult to associate with others. They also get pregnant and end up dropping out of school. Mid-last year in Bulawayo, many people lost their lives from drinking dirty water from sewer streams.
Madam President, in Bulawayo we do not have roads as the roads are worn out and a write off. There are potholes all over. As the President is in support of the devolution of power in this new dispensation Madam President, we all know that Zimbabwe is a rich country and there are minerals - those minerals can be sold in foreign currency to boost the Zimbabwean economy.
Madam President, we want to thank President E.D. Mnangagwa for introducing the Pfumvudza Programme because this year we received good rains and we will have less hunger. For those who always complain that they do not have tools for ploughing, this year everyone is going to harvest and we want to thank President E.D Mnangagwa for bringing this programme. This year, everyone is going to harvest. I thank you Madam President.
HON. SEN. CHIRONGOMA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Thursday, 18th March, 2021.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MATHUTHU: Madam President, I move that Orders of the Day, Numbers 5 and 6 be stood over until Order of the Day, Number 7 has been disposed of.
HON. SEN. TONGOGARA: I second.
Motion put and agreed to.
MOTION
MAINTENANCE OF THE ROAD INFRASTRUCTURE IN THE COUNTRY
Seventh Order read: Adjourned debate on motion on road rehabilitation programme countrywide.
Question again proposed.
HON. SEN. MATHUTHU: Thank you Madam President for giving me this opportunity to second this motion. This is a very important motion because the road and the transport infrastructure play a very important role in both the developing and the developed countries.
I would like to thank Hon. Sen. Chimbudzi for coming up with this motion especially now after the President had given us the most hardworking Hon. Member of Parliament as the Hon. Minister of Transport and Infrastructural Development. I know Madam President the man will be equal to the task. So, as we debate this motion almost all our highway roads and other roads are in a bad shape. We have potholes on tarred and gravel roads. I agree with the mover of the motion that the challenges have resulted in the loss of lives and damage to properties.
Madam President our roads in the country are classified, we have roads under the Ministry of Transport, some roads are under the DDF and some roads are under the local authorities. I hope and trust our newly brewed Minister of Transport would find ways and the systems to harmonise these roads authorities. Madam President, some of our roads connects us to our neighbours and they play a major role in the movement of imports and exports. That contribute to the country’s fiscus and these roads are important to the economic and social development.
Madam President in rural areas, very soon the farmers will be moving their produce to the nearest GMB deport. They will face challenges the whole country because the excessive rains that we were given by the Almighty most of our roads are not accessible. So, there is need Madam President for our Government to act with speed in repairing these roads. In order for Vision 2030 to be successful, we need proper roads and transport infrastructure. If these roads are improved, there will be more trade taking place both locally and externally. This will have an impact on the development of the economy of the country.
Madam President, I will not dwell much on the statistics because that has been well researched and articulated by the mover of the motion. I would like to urge our Government to come up with a master plan to improve our roads and transport network in order for our local players in the industry to participate in the whole supply of chain and deliver their goods on time and ensure mobility.
Lastly Madam President, I believe that with proper and reliable road and transport network, the country will realise more on our tourism industry. I hope my fellow senators would find time and debate fully this very important motion. I thank you.
*HON. SEN. TONGOGARA: Thank you Madam President for affording me this opportunity to add my voice to this motion. Firstly I would want to congratulate Hon. Sen. Shava for the position that he was given to be in the Senate where mature people are; people who talk about supporting the Government elected so that they work for the Government and people. Madam President, Hon. Sen. Chimbudzi brought up a very pertinent issue pertaining to our roads. It is good that we got good rains which will lead us to a bumper harvest. This has led us to have bad roads. I would want to thank our President and the Government because they saw it fit just as what has been articulated by Hon. Sen. Chimbudzi and his seconder to declare the state of our roads a national disaster. That is why we are seeing them mending our roads so that our roads will be better and be usable. Madam President, especially in the rural areas, the roads are really bad and the bridges were swept away and people cannot cross to other areas. Now that schools are being opened some you will find that some children will start absconding school and this is so because schools were closed due to COVID. Now that the schools are being opened, our roads and bridges have been swept away and it is a challenge to our children because they cannot go to school and parents will not be able to go and fend for their families.
We talk about hygiene and if there is no soap, it is very difficult to bath. Madam President, what I am pleading is that this issue of roads as it has been declared as a national disaster, the Government cannot do it alone. We know that our President has incorporated everyone that if the nation is faced with a challenge it is not for the Government only but it is for everyone. So, he involved private players so that they would help. That is why we are seeing the Beitbridge/Chirundu Road incorporated local contractors who are mending our roads so that life goes on.
The vision of our President is well ahead that when we are talking about the issues of the country, we are not talking about Government only but we are incorporating everyone who is capable and is in Zimbabwe so that life goes on so that we attain Vision 2030. I just want to say that the issues that have been raised in this House are pertinent concerning our roads which do not allow us to promote tourism and also visit other countries and also that our goods will be ferried from point A to point B.
I am just pleading to those who know that our roads have been declared as a national disaster by the President. It is now a challenge to the country. We should put our heads together those who are able, the private sector and investors so that we work together to make sure that our roads are usable so that our people will travel freely and that we will not endanger the lives of our children. We need bridges on our rivers so that we will not lose lives. With these few words, I want to thank you Madam President for affording me this opportunity.
*HON. SEN. MUPFUMIRA: Thank you Madam President. I would like to make my contribution and support this motion that was brought into this House. The issue that we have of bad roads is a problem that we have as a country. All the roads are no longer in the right state. It is indeed a disaster to this nation. When you admit that there is a problem you will be able to fix that. This has been accepted by His Excellency, the Head of State of this country that there is indeed a problem in this country. Statutory Instrument 47 of 2021 mentioned that this is a national disaster.
There is no access to some of the roads in this country. For example in Makonde, it is difficult accessing that place. There are no buses and the road is so bad. Most bridges have been washed away and even children who are going back to school will face a lot of problems. When it comes to the issue of tourism, there is no proper infrastructure when it comes to roads because tourism is hugely affected. Those who want to travel with ease find it difficult to access some of the places.
My prayer is that with the declaration made by His Excellency, the fixing of roads was regarded as a priority for example, urban areas which are under local governance. The declaration given by the President, the local headmen pledged to fix these roads with the Minister of Transport. National Government has taken it upon themselves to make sure that all these roads are fixed. We are thankful that we now have a holistic approach and now the roads are being fixed. The allocation that they were getting was so little but with this declaration that has been made, they are now being given money from Civil Protection. The Ministry of Transport will get money to fix these roads.
We are happy with the introduction of the new Minister Hon. Mhona. Even if you read in the newspaper, you will hear of the strategies that he has introduced. He has pledged to have those policies implemented in this country. Some of them have been said to be urgent. Within six months some of these things are expected to have been implemented and done. Some roads are being tarred and some they are applying gravel following the presidential declaration with regard to roads and action has started. There are some roads such as Karoi to Binga, I do not know when this one started. I think it is 20 years ago without anything being done to it.
If these were fixed, that is going to facilitate the movement from Zambia through Karoi then via Binga to Victoria Falls. Even those who are coming from Harare to Bulawayo then Victoria Falls will go to Karoi and from Karoi will go to Binga. Even investors will come in these local areas and uplift development in these areas. Even along the roads, the cutting of grass, Government should do something but again, as leaders in our communities we should encourage community members to take it upon themselves to make sure that they clear their area. Cars cannot access some of these areas. We should encourage people even to have food for work as a method to get the work done.
We are happy people talking about the big harvest that we are expecting this year. Accessibility to the market should be made a priority. Without roads people have difficulties in reaching markets. Even those in the rural areas, because of the bad roads sell their produce at very low prices, something that will affect them. The lack of proper roads is a big disadvantage to the rural communities. These are some of the things that we should focus on and make sure they are prioritised and fixed. Everywhere there is gold but it is not accessible. Those who are into serious mining cannot do so because there is no road.
I would like to thank Senator Chimbudzi for bringing this motion into this House and thanking His Excellency for accepting and acknowledging that this is a national disaster. The fact that the President acknowledged and admitted that this is a national disaster shows that we are in the right trajectory.
I was in the eastern highlands Madam President, a few days ago. This road is very exciting. You can enjoy the journey from Harare to Rusape, from Rusape to Honde Valley where there are banana farmers and a lot of other fruits. It is a very good road. We should be able to appreciate what we are doing. We are very grateful to say this is a very important programme to us. Some of the inputs failed to reach their destinations because of bad roads that we have in some parts of the country. It is our anticipation that the Minister will fulfill his promises as written in S.I. 47.
I would like to thank Sen. Chimbudzi. They are happy that there was acknowledgment that the roads are in a bad state. Thank you Hon. President.
HON. SEN. CHIMBUDZI: Madam President, I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 18th March, 2021.
MOTION
REPORT OF THE 47TH PLENARY ASSEMBLY SESSION OF THE SADC PARLIAMENTARY FORUM HELD VIRTUALLY IN NAMIBIA
Eighth Order read: Adjourned debate on motion on the Report of the 47th Plenary Assembly Session of the SADC Parliamentary Forum, held virtually on 9th October 2020, in Windhoek, Namibia.
Question again proposed.
HON. SEN. KAMBIZI: Thank you Madam President for allotting me time to debate on the Report of the 47th Plenary Assembly Session of SADC that was held virtually from 9th to 11th October, 2020. It is only normal that I also thank the mover of the motion, Hon. Sen Mohadi for coming up with such a motion. However Madam President, I just want to add a few things on the motion.
Madam President, it is important that I start by informing this House that it was important for such a motion to be held. In fact, the meeting which was held virtually was held in Namibia and we also had a delegation from Zimbabwe that went and represented us. Maybe let me start by informing this House the purpose of the SADC Parliament. The purpose was to strengthen the governance architecture of the SADC region.
It is a key driver for regional integration and development efforts. Madam President, there is an interdependence in the SADC region, hence there is need to work together and the need of cooperation at Government level. The meeting of the SADC Parliament was very important to us as it is a reflection that southern region countries are working together during this difficult time when lives are being lost daily due to the COVID-19 pandemic which however has affected the whole world.
It was very important and commendable that our country participated during this virtual meeting because many of our colleagues, as everybody else will agree, succumbed to the deadly COVID-19 pandemic that does not have a cure up to now. The fact that the Vice President of Namibia attended, speaks volumes about the importance of this meeting. This same meeting provided a vital platform for citizens to directly link with their representatives and give input into SADC’s regional integration agenda. It is therefore important that the transformation of SADC Parliamentary Forum into a regional Parliament be accelerated. It must be passed as quickly as possible.
It is very refreshing to know that our country was represented by our educated Speaker of the National Assembly, Hon. Advocate Jacob Mudenda but the presence of our own Hon. Sen. Mohadi from this House was the icing on the cake as we felt that this House was well represented.
There are very important submissions that were made by heads of delegations that this House should take note of. One such submission pertains to the role of parliamentarians in strengthening accountability during the COVID-19 pandemic. Some of our people in this country, without any bias have a propensity to steal whenever there is a disaster in the country, hence the need for parliamentarians to take a leading role in ensuring accountability.
The Speaker of the National of Assembly, Hon. Advocate Jacob Mudenda who apparently was the head of delegation from this country made us proud by explaining vividly the methods that have been used by His Excellency the President of the Republic of Zimbabwe to minimise casualties of the COVID-19 pandemic. Primarily due to His Excellency’s endeavours to specialize on prevention rather than cure, some of the initiatives that were taken by His Excellency just as a reminder or recap are as follows;
- Declaring COVID-19 a deadly pandemic on the 17th of March, 2020.
- Putting a lockdown measure because the pandemic had become a national disaster.
Promulgating a number of Statutory Instruments to enhance the legal framework to combat the COVID-19 pandemic. As I speak, a total of 32 Statutory Instruments if not more were passed but of particular importance is to note that all Statutory Instruments passed in an endeavour to curb COVID-19 were scrutinised by the Legal Parliamentary Committee to ensure the constitutionality of the Statutory Instruments.
His Excellency also went further via the Ministry of Health and Child Care- putting of masks by everyone became a must, washing of hands and exercising social distance of at least a metre.
The 47th Plenary of SADC was very essential to us as law makers in that we learnt a number of lessons;
- As Parliamentarians, we should not sit back and leave everything to the Executive but we should instead take a leading role in the fight against COVID-19 pandemic;
- We should discharge innovative leadership and make real our constitutional mandate of representation, oversight and legislation;
- We should unite and build resilient health systems as the best defence against any health emergency;
- There should be unity among us law makers in as far as health matters are concerned regardless of our political affiliation because the pandemic knows no political parties; and
- There should be smooth collaboration by Members of Parliament or law makers so to speak, which is the best defence against COVID-19.
At this juncture, I would like to applaud the Government led by His Excellency the President of the Republic of Zimbabwe, Dr. E.D. Mnangagwa and his team for working hard to make sure the citizenry of this country are safe from COVID-19. I also want to applaud the Speaker of the National Assembly, Adv Jacob Mudenda for presenting for adoption a strategic lobby document which guides the lobby initiatives ahead of the SADC Council of Meetings scheduled for March 2021.
The need to eliminate discordant voices within our country cannot be over emphasised and remains our biggest challenge, hence the need to resuscitate initiatives with the mandate of eliciting or drawing support at both political and Government level. I am talking about those voices that peddle lies as far as the pandemic is concerned; I am talking about those voices that inflict fear and frighten people in as far as the COVID-19 is concerned; I am talking about those voices that are always against the good efforts that are being done by the Government to ensure that people are safe from COVID-19.
Madam President, allow me to end my presentation by emphasizing and encouraging the citizens of this country to accept the vaccination programme. Allow me to make mention of top leadership of this country who publicly went and got vaccinated. It is also important that I mention that there are some members even of the opposition who also supported this programme and even went public encouraging people to get vaccinated. Like I said earlier on, the pandemic does not know any politics at all but it is our duty to unite and ensure that our people are safe. I would like to thank our President for his being interconnectedness – he is well connected with the outside world. No wonder why right now we have vaccines donated to this country by other countries, for example China and Russia. We need to thank His Excellency – the Government is trying by all means to have the vaccines using our own resources. That is very commendable.
I would also want to thank Hon. Members here present who took the initiative and went ahead to get vaccinated and I am one such an example. Word of advice to all Members of the Senate, it is our duty wherever we come from – the constituencies, provinces; we should go there and encourage our people to be vaccinated. The moment they get the word from us, because we are their leaders, they voted for us – one word to them is enough. I thank you Madam President.
HON. SEN. MATHUTHU: I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 18th March, 2021.
MOTION
ANNUAL GENERAL MEETING OF THE AFRICAN PARLIAMENTARIANS NETWORK ON DEVELOPMENT EVALUATION (APNODE) HELD IN ABIDJAN
Ninth Order read: Adjourned debate on motion on the Report of the Zimbabwe Delegation to the 5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE)
Question again proposed.
HON. SEN. MATHUTHU: I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 18th March, 2021.
MOTION
REPORT ON THE VIRTUAL EXTRAORDINARY SESSION OF THE GOVERNING COUNCIL OF THE INTER-PARLIAMENTARY UNION (IPU)
Tenth Order read: Adjourned debate on motion on the Report of the Extraordinary Session of the Council of the Inter-Parliamentary Union.
Question again proposed.
HON. SEN. MATHUTHU: I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 18th March 2021.
On the motion of HON. SEN. MATHUTHU seconded by HON. SEN. CHIMBUDZI, the Senate adjourned at Quarter to Five o’clock p.m.