PARLIAMENT OF ZIMBABWE
Thursday, 18th July, 2019
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
PETITION RECIEVED
THE HON. DEPUTY PRESIDENT OF SENATE: I have to
inform the Senate that on the 25th June, 2019, Parliament received a petition from Zimbabwe Aids Network on the failure to Government to contribute US$6 million to the Global Fund in order to access US$400 million from the International Health Fund to buy anti retroviral drugs.
The petition has been referred to the Joint Thematic and Portfolio
Committees on HIV/AIDS and Health and Child Care respectively.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. DEPUTY PRESIDENT OF SENATE: Today being
a Thursday, we have got Questions Without Notice. I have a list of Ministers who have sent their apologies and they are as follows:
Hon. S. B. Moyo – The Minister of Foreign Affairs and
International Trade;
Hon. J. G. Moyo – The Minister of Local Government, Public Works and National Housing;
Hon. J. Mhlanga - The Deputy Minister of Local Government,
Public Works and National Housing;
Hon. Mupfumira – The Minister of Environment, Tourism and
Hospitality;
Hon. E. Moyo – The Deputy Minister of Primary and Secondary
Education;
Hon. V. Haritatos – The Deputy Minister of Lands, Agriculture,
Water, Climate and Rural Resettlement;
Hon. D. Karoro - The Deputy Minister of Lands, Agriculture,
Water, Climate and Rural Resettlement;
Hon. P. Kambamura – The Deputy Minister of Mines and Mining Development and the Hon. Vice President Chiwenga.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. SHOKO: My question goes to the Minister of
Labour and Social Welfare. What is Government policy on increases to pensioners that fall under NSSA? I thank you.
THE DEPUTY MINISTER OF LABOUR AND SOCIAL
WELFARE (HON. MATUKE): Starting this month, pensioners have been given a bonus which is double their normal pension. Which means those who were getting about 100 dollars will be getting 200 dollars. There is a slight increase of ten percent to whatever they have been getting. That is taking place when the exercise to try and evaluate the pension is underway. We hope in less than 60 days they are going to receive adequate pension to meet the harsh economic conditions. Thank you.
HON. SEN. SHOKO: The Minister has pointed out to say effective from the first of this month, NSSA pensioners are going to get double. Unfortunately, I am one of them and we have already been paid.
We did not get that double, we are still getting the old $10, $30 and $80.
Thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Senator
Shoko, you are now being specific. You ask a question of policy and the Minister replied. That is now a specific question.
+HON. SEN. TIMVEOS: My question is directed to the Minister
of Home Affairs. There is an issue of vuzu parties that has decimated our children in Bulawayo. I can see that we are being retrogressive because it is alleged that if a child sleeps with 10 or more people, they will get a trophy. Those parties are held from Thursday to Sunday. Because of that our children are being decimated. I have had that you arrested some of these things but they are continuing. Can you please come and ban these things totally? I thank you.
+THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MATHEMA): Thank you Mr. President. I would
like to thank the Hon. Senator for that question of concern. I would like the Hon. Member to note that we work with everyone. It is easy to arrest a person today but we should work together. I understand all that which is happening and we have arrested some here and there but we will continue to arrest some. Everyone who causes havoc will be arrested and prosecuted. I also urge residents of Bulawayo, myself and the police to work together so that we stop this problem because these children belong to us. I thank you Mr. President.
HON. SEN. B. MPOFU: My question is directed to the Minister of Energy and Power Development. What is the Government policy on load shedding at colleges, boarding schools, hospitals and universities?
Thank you.
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. CHASI): Thank you Mr. President. I
appreciate the question that has been asked by the Hon. Senator. I want to inform the House that the decision to load shed is a very painful one for both Government and our utility. In terms of policy, we try as much as possible to avoid critical institutions like hospitals, schools and related institutions but I would like the House to understand that we are in a very difficult situation in terms of availability of power.
I want to take this opportunity to urge Hon. Members here to pay their bills and also to encourage those in their constituencies to do so. I need this House to understand that there is a heavy load on our utility in terms of outstanding payments by consumers to the tune of $1.2 billion. This constitutes a very serious drag on the capacity of ZESA to generate power to meet its day to day financial needs but also importantly, it makes it impossible for investors into the power sector to find us as an attractive destination for investment. So in short, the policy is that we try as much as possible to avoid load shedding of critical institutions but technically, it may not be avoidable in some circumstances but we will also try and look in a case by case basis to see whether there is a possibility of avoiding that a particular situation. I thank you.
*HON. SEN. TONGOGARA: Thank you Mr. President. My
question is directed to the Leader of the House in the absence of the Minister of Transport. May the Minister inform the House as to how far the Ministry has gone in terms of addressing the shortage of number plates for vehicles because these vehicles are causing a number of challenges pertaining to breaking of traffic rules and one cannot record the registration number since they are not registered. Thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. I want to thank Senator Tongogara for the question. It is true that there is a shortage of number plates and they are availing temporary plates. In the past, those temporary number plates were supposed to be used locally but now this has been extended to regionally since there are no number plates. This is because when we changed from the number plates we had before, they had security features that cannot be manufactured here but because of the challenges faced by the country in accessing foreign currency it became a challenge. The question pertaining to when this will be addressed is specific and I would not know the measures that they are taking on a day to day basis. You can put your question in writing and the Minister can respond to you informing you how much money they will have got and the number of number plates acquired as well as the month when they intend to roll out the number plates. I thank you.
*HON. CHIRONGOMA: My question is directed to the Minister of Home Affairs. We realised that in urban areas the commuter omnibuses especially kombis, you find that two or three touts are hanging right at the back of the commuter omnibus, even from all the way from Chitungwiza and they even pass police roadblocks. What does policy say pertaining to this?
THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MATHEMA): Our country for some time now
has cultivated a culture of indiscipline. We seem to have allowed or tolerated indiscipline everywhere. I am happy with the question that has been asked Hon. President. Traffic management has become a very difficult or involved issue in the whole country and the culture of each one of us as individuals in Zimbabwe has become that of each one of us individually wanting to do things for themselves. We have ended up forgetting that the whole space of Zimbabwe belongs to all of us individually and collectively. As a result of this greed that is there, we have even allowed a situation where kombis just run riot everywhere with no control whatsoever.
The local authorities have become part of that environment tolerating anarchy in the country. Yes, I as Minister of Home Affairs together with the police, local authorities and the Minister of Local Government are in the process of designing a traffic management situation. I am happy that we have also the Minister of Higher and Tertiary Education here who has lecturers and students who up to now have managed Mr. President to give us certain solutions to the management of all the sectors of the economy.
It is also the responsibility of every family or individual to bring that culture of discipline. Come five o’clock here in Harare, you cannot drive anymore. Everybody does what they want. Even if a police officer raises his left or right hand nobody wants to follow that because all of us are rushing. We have this culture of rushing and one begins to wonder as to where we are rushing to. We have no culture of tolerance anymore as a country. We have a culture of I want to do it now on my own, I do not care what everybody else says.
So, the issue of kombis that the Hon. Senator has raised, yes we may have a situation where police officers should rush or run to this but let also remember Mr. President that our police force service in
Zimbabwe needs at least 7 000 vehicles but we have much less than that. How do you chase a kombi without the necessary resources and his has been happening for the past 20 – 30 years. so, there is anarchy. Ndiri kubvuma zvataurwa apo. Toitei? Ini ndiri kuti tese ngatibatanei maoko tichibatsirana so that we have discipline as a country, family and individually. Thank you
*HON. SEN. CHIEF NGEZI: My question to the Minister of
Home Affairs is what measures do you have in place concerning
availing the ZRP vehicles in order for them to access crime scenes promptly?
THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. MATHEMA): Indeed Mr. President and the
House as a whole, we need a police service or force that should react instantaneously almost. A police force that reacts in that way is a police force that also has the necessary vehicles or transport system. Currently, we are working on a programme to have each police station have not just one police vehicle but several vehicles so that the reaction time is shorter than we have now. Now we have a situation that members of the police services walk to the crime scene and we just cannot accept that. This is because of the budgetary constraints that we have and the environment that has taken place in the past 20 years.
Part of that environment has been brought about – let us face it and I know that some people do not like this – but part of that environment has been caused by the fact that the country is under sanctions. We cannot access, Mr. President let the truth be said that we have some of these challenges – [HON. MEMBERS: Inaudible interjections.] …
THE HON. DEPUTY PRESIDENT: Order, will you allow the
Minister to deliver his answer in peace.
HON. MATHEMA: Sanctions also means that as Government we cannot access the vehicles that we want. We have to go through certain systems and for you to access a company or have vehicles from Japan you have to go through an international banking system or monetary transfer system that will not be seen by the powers that be internationally. If anybody thinks that sanctions have no effect, then one wonders why they even called for them. One even wonders why they designed them. That is part of the problem but yes, I accept we need as a police force of Zimbabwe more vehicles, accommodation at bases, stations and everywhere but under these circumstances I know it is easy for some of us to say it is because we are mismanaging.
Yes, we are mismanaging because of the sanctions that you called for yourselves – [HON. MEMBERS: Inaudible interjections] – Mr. President, the truth has to be said but we are doing the best we can to do at stations and everywhere but under these circumstances, I know that it is easy for some of us to say it is because you are mismanaging. Yes, we are mismanaging because of the sanctions that you caused yourselves - [laughter] - Mr. President, the truth has to be said that we are doing the best we can so that our police force has enough, not just vehicles, ZRP needs helicopters and drones.
We cannot even manage the traffic system here in Harare or Bulawayo and Mutare. As the Minister of Home Affairs, I need to be kept abreast with what will be happening in the streets whilst I am in my office – that is called traffic management. We have to know what a thief is doing in which shop, that is what is done everywhere in the world.
So it is because of the resources, that is why our police force reaction time is not very good. I thank you.
*HON. SEN. WUNGANAYI: I heard the Minister talking about the issue of buying cars from outside the country to help our police force. Why should we run to import cars yet we have a local car assembly - Quest in Mutare? Is Quest not able to assemble cars that we can appreciate as our local product?
HON. MADIRO: Thank you Mr. President, I thank the Hon.
Senator for that question. Going to Quest Motor Assembly you, should be having your money at hand. If you do not have the money, how can you go there? The businesses are at their lowest, the taxes are low because the whole economy was affected by the sanctions that we have. That is what it is; there is nothing we can do. If some of us are failing to look at each other or look at this country in unison, this country belongs to all of us.
However, when others take that opportunity of the freedom and democracy that we have to impose sanctions on this country, then we are not thinking together. So if we do not have enough money even to buy vehicles from Quest, we will have to look for friends who will be able to give us those vehicles. The factories must be returned to the operational situation where they are able to produce. Those who love to criticize us as the Government saying we are mismanaging when in fact they have caused the sanctions themselves – there is nothing we can do about it. So, we are doing the best we can.
THE HON. DEPUTY PRESIDENT OF SENATE: I will only
allow one more supplementary because – [laughter] – order, order! What is funny, I have got a list of people who want to ask questions here so I cannot allow the whole one hour to be dedicated to one question. So what is funny?
*HON. SEN. MWONZORA: Thank you Mr. President and the
Hon. Minister who was talking about the issue of sanctions. The Smith regime had sanctions imposed by the United Nations and it also had war on top of that which was consuming about $1 million per day. They had strong businesses that the local currency was able to sustain and it was powerful, compared to so many other countries whilst under those sanctions.
In South Africa there was apartheid, they were under sanctions for a long time but their mines were operational, industries were running and employment was there. Why is it that our Government is failing to think like what others who were under sanctions were doing? The Governments that I have mentioned were able to keep the local currency in a stable manner, so why not us?
HON. MADIRO: At least the Rhodesians did not have a political party in opposition like we have – [HON. SENATORS: Inaudible interjections.]-
THE HON. DEPUTY PRESIDENT OF SENATE: The Hon.
Senator asked his question and was heard in silence by everybody. The Hon. Minister is now responding to the question. I think we should be mature enough to let him finish his answer. If you want to raise another question, by all means, do so.
HON. SEN. TIMVOUS: On a point of order! He is also under
oath so he should tell the truth.
THE HON. DEPUTY PRESIDENT OF SENATE: Take your
seat Hon. Sen. Timveos. Your point of order is neither here nor there because you have not in any way demonstrated that he is under oath and he is not telling the truth.
HON. SEN. SHOKO: On a point of order. Mr. President, the problem that we have is that you have already declared to say no more supplementary question. So I have a problem that that the issue will be left hanging.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen.
Shoko, I said we cannot keep on having supplementary question on one issue but I did not say you may not ask the Minister of Home Affairs any questions – I never said that.
HON. MADIRO: So sometimes some of us love to go back to the
past in order to justify their positions politically in the country but when they go back to the past, they are distorting issues. I am saying anybody who is serious about this country; we cannot forget about ZIDERA.
ZIDERA has affected all of us, our factories, our businesses, we cannot access loans outside Zimbabwe because of ZIDERA and there is a political party that brought about ZIDERA.
ZIDERA was not created by ZANU PF; it was created by the opposition in this country. As long as those conditions continue, as the ruling party, we will do the best we can and indeed we are doing the best we can under the present circumstances. What was expected to happen did not happen, so in so far as the police or Ministry of Home Affairs is concerned, we will do the best we can under the circumstances that are facing us to source as much as we can from within the country, the materials and the services from any company in Zimbabwe and from any company outside Zimbabwe despite of the sanctions. We have to make sure that all the departments of Home Affairs do the best that they can to produce the services and the materials that are required and expected of us by every citizen of this country. Thank you.
HON. SEN. KOMICHI: On a point of order Mr. President.
THE DEPUTY PRESIDENT OF SENATE: What is your point
of order?
HON. SEN. KOMICHI: The Minister has just said ZIDERA was
not caused by ZANU PF but he is insinuating that the opposition party brought ZIDERA. The Senate would want to know which opposition party it is so that we can deal with it here?
THE DEPUTY PRESIDENT OF SENATE: The Minister has
responded to a question which he was asked. If you feel very strongly about an aspect, you are quite free to raise a motion and debate it in this Senate.
*HON. SEN. SHUMBA: Thank you Mr. President. My question is directed to the Minister of Home Affairs and Cultural Heritage. I have noted with concern that we have touts at most bus stops who snatch people’s belongings whilst trying to force the travelers to get into their buses. What is Government policy regarding this bad behaviour by touts? I have asked this question because I sometimes use public transport and I am really concerned but for those who always travel in their cars, they do not witness this. If I had my own vehicle Mr.
President, I would have not asked this question, maybe if I get one, I will not ask. That is why I have asked this question now. It is because I do not have my own vehicle. I thank you.
*THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MATHEMA): Thank you Mr. President. We
acknowledge that this is a bad behaviour indeed and we do not want this. We obviously need a transport system in each of our cities that will also do as what ZUPCO is doing today. A system where buses will be known what time they will arrive; we will also allow commuter omnibuses to be there so that we will have competition. Transport systems that will enable us create laws but for the touts to be there, it is illegal and they have to be stopped, we do not want that.
On the other hand, sometimes I feel that people isolate themselves from the police to do the job alone. The police is there as part of the Executive and they are party of the system. Therefore all of us have to be police officers wherever we are – [Laughter.] – Because I cannot do any investigation on an issue without going to the community Mr.
President. We are the community and we must work. I accept that because of the sanctions, the economic situation and high rate of unemployment, we now have more touts. This is why the President said we will open this country for the whole world to come and invest here so that this will create more jobs for our young people and also create their own employment.
+HON. SEN. PHUTI: The subsidised transport is only found in urban areas only; there is no subsidised transport in rural areas...
THE DEPUTY PRESIDENT OF SENATE: Order, this is not a
supplementary question. That is a question on its own, even though my Ndebele is not very good.
*HON. SEN. CHINAKE: Thank you Mr. President. My question is directed to the Leader of the House. What plans do we have to ensure that when the President of Zimbabwe is choosing Ministers, he does not choose persons with previous convictions like those who had their banks liquidated and people lost their savings? What is Government policy on choosing Ministers? – [HON. SENATORS: Hear, hear.] –
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I want to thank
you Mr. President and to thank the Hon. Senator for his question. The Constitution of Zimbabwe was drafted by the people of Zimbabwe led by COPAC which had 3 parties. When this Constitution was drafted, all the Zimbabweans participated and people voted for the Referendum on which a 90% yes was attained. The President was given powers to choose his ministers. It is not written that people with previous convictions or those who stole chicken in their rural areas will not be chosen to be ministers. This Constitution also outlines the expected qualifications that qualifies one to be a minister and that is what the
President adheres to when choosing ministers. So, I would urge the Hon. Senator to go and read the Constitution of Zimbabwe, he will be guided accordingly that our President follows what is in the Constitution. I thank you.
*HON. SEN. CHIMBUDZI: Thank you Mr. President, my
question is directed to the Minister of Home Affairs and Cultural Heritage. What is Government policy on recognising our neighbourhood watch police on the duties that they do to protect the community and to ensure that they are respected? I thank you.
*THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MATHEMA): Thank you Mr. President. Our
policy recognises those people and we will continue to work with them. It is our wish that funds permitting, through the Ministry of Finance and Economic Development, we will do something for them. Thank you very much.
+HON. SEN. ZIVIRA: My question is directed to the Ministry of Home Affairs and Cultural Heritage; I want to know what to do with the thieves who break into the house during power cuts?
THE MINISTER HOME AFFAIRS AND CULTURAL HERITAGE (HON. MATHEMA): Thank you Mr. President. Our
policy is whether there is ZESA or not, anyone trespassing will be prosecuted. Our request is that the community should work hand-in- glove with the ZRP. We also urge community members to have the phone numbers of the nearest ZRP police stations.
+HON. SEN. ZIVIRA: My supplementary question is it will be dark, so how are people supposed to see the criminals when it is dark? I thank you
HON. MATHEMA: Thank you Mr. President. The police will
enter where it is dark and the police can see also where there is light. Whether there is ZESA or not, residents need to work with the police but you will find that the police will follow up a case and arrest someone and the people will say they do not know the person. The ZRP will do the best it can to follow any criminal activities and all criminals whether it is dark or light. That is what the Constitution requires us to do. What the surrounding communities do, it will be more difficult for ZRP to work with the community if they are not cooperative but you can be rest assured that whether it is dark or clear, ZRP will look for criminals.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President.
My question is directed to the Leader of Government business in relation to the Ministry of Agriculture. What is Government policy in relation to gazetted prices for grain? How long does it take for it to come into effect? We realise that GMB is still paying farmers old prices for their grains yet they have gazetted new prices. This will disadvantage farmers to go into the next season. Secondly, what plans are in place to assist small scale farmers, A1 and communal farmers in relation to ferrying their produce to the GMB because monies that are paid by farmers to transporters is too high? Again what is Government policy is relation to constructing silos closer to farmers so that it will be easier for them to take their grains to GMB?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. The question asked by the Hon. Senator is very pertinent. Government policy is that as soon as we gazette new prices of grain, they automatically come into effect. If there are places where GMB is still paying old prices, they are being corrupt because Government has already stipulated the new maize price to farmers. Those farmers who would have already send their grain to GMB before the new prices were gazetted, Government stated that they should be adjusted.
Government also announced that transportation of grain is becoming too high, so Government has set aside a budget to set collection points which are closer to the farmers. This has already started and GMB is busy installing those collection points and many farmers, especially those young farmers are using these points, so that transportation of grain becomes easier and affordable.
*HON. SEN. WUNGANAYI: Thank you Mr. President. My
question is directed to the Minister of Home Affairs. Mr. President, we have got a challenge especially for the small holder farmers who spend the whole year growing their tobacco. In transporting their tobacco to the auction floors, they are robbed on their way to the floors. It is sad that children who will have engaged in farming due to lack of employment lose whatever produce they would have made. So, I wanted to find out what measures the Government has in place to ensure that they protect the small holder farmers from these challenges?
THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. MATHEMA): Thank you Mr. President. I would
like to thank the Hon. Member for that question. Mr. President, only last week, ZRP actually arrested four people who were doing exactly what the Hon. Senator is saying. We designed a plan because we had been informed; we had got intelligence that indeed people were harassed as the Senator is saying. We made that plan and we arrested four people last week. There was a shootout and one of them was injured. Those people are in police cells as we speak. What I am also advising the House is that let us also have that coordination with the police force wherever there are increased number of incidences where people are deliberately targeting the young farmers; let us work together; let us assist each other. We will do the best we can even under the circumstances where we do not have enough vehicles but I know Zimbabweans out there have always worked with the police as witnessed by last week’s incident. Thank you Mr. President.
HON. SEN. TSOMONDO: Thank you Mr. President. My
question is directed to the Minister of Public Service and Social Welfare. We have the elderly in this country. Those who were looking after them died due to the HIV/AIDS pandemic. At this point, they no longer have food, we want our aged to be well looked after. What is Government policy saying concerning social protection for the elderly?
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. MATUKE): Thank you Mr.
President. This is a very pertinent question. Government has measures to ensure that all the aged are assisted. Firstly, there are food handouts that are given to those people, especially in rural areas through committees in those areas who compile a register of the elderly. The department uses the database to deliver food to these aged people. There are also grants, the new system will be that they will be getting this money on their mobile phones but most of them do not even have the mobile phones. So, our officers from the Social Welfare Department should access those areas and ensure that the beneficiaries get the grants.
Our social welfare workers are few, so we need to come up with measures as to how we can work around it.
The Government also has a plan to increase the old people’s homes where the aged who do not have anyone to look after them would be housed. Those aged would be taken to those homes where they will be well looked after with the support from the Government. I think those are the measures that we have in place as a Government. It is the duty of Government to ensure that social protection measures are in place for the aged. I thank you.
[Time Limit]
HON. SEN. TIMVEOS: Mr. President, I move that we add 20 minutes because we have more questions to ask the Ministers.
HON. SEN. SHOKO: I second.
Motion put and agreed to
HON. SEN. A. DUBE: My question is directed to the Minister of
Higher and Tertiary Education. Hon. Minister, what does Government policy say regarding the training of specialist doctors in our local universities?
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT
(HON. PROF. MURWIRA): I wish to thank the Hon. Senator for that question. Indeed, our national skills audit which we did between December, 2017 and April, 2018 showed that our skills levels in the medical or health field are at 5%. We have a deficit of 95% that might explain why most people look for medical services elsewhere. This is the result of this statistic. What are we doing about it? Government policy is that we have now adopted what we call Education 5.0. What does it mean? It means in addition to the traditional missions of teaching, research and community engagement which is workshops, you know people like to attend workshops and talk about things that they have researched or they have researched on something and have to teach it. So we are in a round cycle.
This has resulted in most of our people being able to know because we have 94% literacy but our skills level are at 38%. It means we have people who can talk a lot and do little. This is very important information that we are using to start to drill in and move our education to 5.0 where we are saying we need innovation and industrilisation. All we are saying is that we need knowledge and skills. So, we now have a deliberate policy of skilling our medical personnel, making sure that they are trained to the highest level. One of the things that we have done is to make sure that we have a third medical school which is at Midlands State University which is in the process of being grown right now and we have provided it this year with around 180 lecturers so that they are able to function.
We are in the process of strengthening NUST to make sure that they are also more competent. With the UZ we are strengthening it as well. We are looking forward as well to having a new pharmaceutical school at HIT and the new one for eyes which we are doing at Bindura
University of Science and Technology. All these are efforts to increase the number of specialists within our system but what we know for sure is that we have a 95% deficit which is very important to know because in order to move somewhere you have to know where you are coming from.
We are in the process of making Zimbabwe’s education work for its people because we have said an education system has to be rooted in the environment that it is trying to transform. Therefore, all the needs of the Zimbabweans are the ones which are informing us in terms of the number of specialists that we have to train. So, we are consciously in the meantime training doctors trying to make them specialists. At the same time we have this policy also which says we have to look at professional bodies that are preventing people from practicing as a way of turf protection. So, it is another policy measure that we are doing to make sure that we make people that would have trained as specialists elsewhere, we make it easy for them to come and practice in Zimbabwe.
So, these are the policy issues that we are pursuing. We are trying to cover the gap between the 94% literacy and 38% skills level. Five percent skills availability in medicine, we have a gap of 95% to cover because that is what we are doing so this is the move that we are taking.
Thank you.
THE TEMPORARY PRESIDENT: Just to comment that I saw
some Senators indicating to me to tell the Minister that time please but I have never known where a Minister is told to stop while responding. You allow Ministers to be at liberty to go deep as they can and not forgetting him being a Professor shave rinobva rauya kana vabvunzwa mibvunzo. Other Ministers I know will not take as much time.
+HON. SEN PHUTHI: My question is directed to the Minister of Home Affairs. What is the government doing about the printing of passports?
THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MADIRO): Thank you Mr. President, last week I issued a statement and even on Tuesday this week - yes, the passport offices faced difficulties emanating from the fact that we are importing some of the consumables like ink and ribbons. However, I can assure the House that within the next three to four weeks we will be producing around 3 000 passports a day. I thank you.
*HON. SEN. CHIEF MAKUMBE: Thank you Mr. President.
My question is directed to the Minister of Information, Communication,
Technology and Courier Services. A few weeks ago Statutory
Instrument 142 of 2019 was introduced with regards to monetary issues. In the rural areas where we come from, our elderly people are not well informed of the changes. The unauthorized foreign exchange dealers are going to the rural areas misinforming the elderly and taking away their foreign currency. So, what is Government policy with the dissemination of information with regards to Statutory Instrument 142 of 2019 to avoid unscrupulous illegal money changers from stealing from our parents?
THE DEPUTY MINISTER OF INFORMATION,
COMMUNICATION TECHNOLOGY AND COURIER
SERVICES (HON. MUSWERE): Thank you Hon. Chief Makumbe
for your question. Statutory Instrument 142 of 2019 does not prohibit possession of foreign currency but it does not allow people to do domestic transactions with it. The previous Hon Senator said there are people who are going to the rural areas misinforming the elderly that the USD has devalued hence taking their money for a lesser value. We urge our parents in the rural areas to listen to their radios and televisions on such informative things on the IS 142 of 2019.
However, if our parents do not understand the radio programmes on SI 142 of 2019, we encourage them to go to information centres to get further clarification. We are also aware that every constituency has got a Member of Parliament and a Councilor who can also clarify the issue of IS 142 to the public. In addition, I would like to emphasize that foreign currency still has great value but is no longer a legal tender which can be used to transact locally. If you want to use that money, you have to go to those authorized money changers such as the banks and change it into our local currency.
*HON. SEN. CHIEF MAKUMBE: The Hon. Minister did not
get my question right. I said what measures have you put in place for our parents in the rural areas to be fully aware of the changes set out in the Statutory Instrument 142 of 2019. In the rural areas there is no electricity or anything to transmit information.
*HON. MUSWERE: Thank you Mr. President. I think the question needs more time for me to investigate further so that I will be able to give a comprehensive response.
HON. SEN. CHIEF SIANSALI: My question is directed to the Minister of Justice. What is Government policy with regards to payment of Chief’s courts as it does to other judges and officials in the Judicial Services Commission? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. SEN. ZIYAMBI): Thank you
Mr. President for the question asked by Hon. Sen. Chief Siansali. It is indeed a pertinent question. The programme of implementing what has been asked has delayed a bit. We were supposed to look at the laws, especially the Traditional Leaders Act and other laws which touch our courts in order to advance the Chiefs Courts. However, the process of sailing the Bills to Parliament has delayed a bit but it is work in progress. We are going to visit the traditional leaders also to hear their views on the crafting of the new law. I thank you.
THE TEMPORARY SPEAKER (HON. SEN. CHIEF
CHARUMBIRA): I had restricted supplementary question but Hon. Minister the Hon. Chief is asking that the assessors, presiding officers do not have allowances.
HON. ZIYAMBI: Yes, that is what I have alluded to that for us to do that, we need to craft a law pertaining to that first. So that is the work we are carrying out at the moment. I thank you.
*HON. SEN. MOEKETSI: Thank you Mr. President for giving me this opportunity. My question is directed to the Minister of Energy, Hon. Chasi. What is Government policy because back home our electrical gadgets are no longer working because of the continuous going on and off of electricity. What I have bought yesterday, I cannot go back and buy it because I will no longer be able to buy the electrical gadgets. What is Government policy regarding this issue as our electric gadgets continue to be damaged? Thank you.
*THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. CHASI): Thank you Mr. President. I
apologise for the electrical gadgets that are being burnt because of load shedding. I would want to urge the people that they must switch off their gadgets when there is no electricity so that when electricity comes back, it will not affect the gadgets. I want to let the Senate know that this time we are is different from the past, we have a problem of electricity and we will continue to have this problem for quite some time. Government is working hard to alleviate this problem but I just want to urge the people to pay their bills in time, even if we manage to get RTGs 200 million, this will help a long way in alleviating this problem. I thank you.
*HON. SEN. DUBE: Thank you Mr. President. My question is directed to the Minister of Energy and Power Development. I just want to ask the Minister why is the fuel we are importing not enough to meet our demands as we continue to have long queues? Our husbands are no longer sleeping in houses but they are sleeping in queues. Women are left in cold this winter. My child came home without fuel and his wife started shouting saying that he did not sleep in a queue but slept somewhere and she threatened that she was leaving to pave way for a new wife called PUMA. Homes are breaking Mr. President because of shortages of petrol and diesel, please make diesel and petrol available.
*THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. CHASI): I apologise for this problem that women are sleeping alone because their husbands will be in queues. I also apologise for the home breaks. I want to plead with my fellow men that they must not take advantage of this situation to be promiscuous this is not a good attitude. We hear your concerns and now we are busy looking for fuel. What is troubling is the issue of thieves in the petroleum industry. Today they are refusing to accept plastic money and RTGS demanding US dollars. We are planning on cancelling their licences so that homes will not break. I thank you.
*HON. SEN. FEMAI: Thank you Mr. President, my question is directed to the Minister of Home Affairs and Cultural Heritage. He was bemoaning the issue of sanctions. Traditionally we say mwana anokanganisira amai anodzorwa neshamhu kusvika oziva kuti arikutadza. My question is, what is Government policy on reforming the economy so that people will not continue to suffer? What is
Government policy in making sure that the sanctions are lifted?
THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. MATHEMA): Thank you Mr. President, I am not
so sure that this question falls under my purview. All I can say is that Mr. President, the present Government has come out with economic strategies that will assist us defeat the challenges that we have today. This is why we are saying let us have - not just internal investors, we are also inviting foreign investors. It is only after they have invested in this country that we will receive as much fiscus as we can in the form of taxes from the companies that will have invested in this country. The answers required or the results will not be seen tomorrow but is going to take us a bit of time. Let us all be patient and indeed programmes are there not just for the economy but in all the sectors of the economy. That is why we have all these ministries doing the best they can. I thank you very much.
Questions Without Notice were interrupted by THE
TEMPORARY PRESIDENT OF THE SENATE (HON. SEN.
CHIEF CHARUMBIRA) in terms of Standing Order Number 62.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
PRESERVATION OF LOCAL CULTURAL VALUES
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to appraise the Senate on measures being taken to preserve local cultural values and whether the Government is collaborating with other key players such as traditional leaders and the education system in this regard.
THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. MATHEMA): Thank you Mr. President, culture simply put is a way of life of a community. UNESCO defines culture as that complex whole which includes knowledge, belief, arts, morals, laws, customs and any other capabilities and habits acquired by a human being as a member of society. Culture in its broad sense is a pillar for nation pride and identity. Properly leveraged on, it provides the most reliable and sustainable building block for social and economic development. The Ministry of Home Affairs and Cultural Heritage is key to the promotion and preservation of local cultural values, national pride and identity through well established institutions in documentation, preservation and safeguarding of cultural knowledge, tangible and intangible, namely, National Museums and Monuments of Zimbabwe and National Archives of Zimbabwe in collaboration with traditional leaders and other Government institutions such as the Ministry of Primary and Secondary Education, National Museums and Monuments of Zimbabwe, through the discipline of ethnography, documents and preserves knowledge of our changing customs and traditions.
The results of research into these areas manifest themselves in the form of cultural heritage collections in museums, exhibitions and publications in various national archives of Zimbabwe; acquire preserves and provides access to national historical documentation. NAZ, Public Archives and Research division builds up national historical sources in the form of archives and manuscripts. These are complemented by oral history collections targeting informants on national history, customs and traditions instrumental in supporting the mandate of Traditional Leadership as outlined in Chapter 282 of the Constitution of Zimbabwe, Amendment No. 20, Act 2013. The presence of National Archives of Zimbabwe and National Museums and Monuments of Zimbabwe offices in the provinces allows them to fully represent and capture cultural aspects within the country.
In addition, National Museums and Monuments of Zimbabwe has been instrumental in the protection and transmission of our liberation heritage values through identification and protection of liberation heritage sites, exhumation and reburials, monumentalisation of important liberation heritage such as Pupu, Chinhoyi 7, Tongogara Memorial, Kamungoma the national and Provincial Heroes Acres and landmark liberation heritage sites outside the country. Whilst rehabilitation of liberation heritage sites is ongoing within the country, the Ministry has initiated repatriation of human remains of the First
Chimurenga/Umvukela heroes, notably Mbuya Nehanda, Mapondera,
Mgandane, Chiwashira, Chinengundu Mashayamombe, Chingaira and Sekuru Kaguvi currently believed to be housed in various British institutions. In this regard, the Ministry is working closely with Traditional Leaders.
Recognising that the future of heritage lies with the youth, the Ministry has a robust heritage outreach programme that aims to maintain mainstream heritage education among school children. To this end, National Museums and Monuments of Zimbabwe conduct periodic heritage outreach programmes throughout the country. To complement this programme, the organisation runs structured class visits and an expanded heritage quiz programme that covers all provinces. The programme is conducted in collaboration with the Ministry of Primary and Secondary Education.
Realising the threat of globalisation to minority cultures, the
National Museums and Monuments of Zimbabwe has come with Community Museums project intended to preserve and promote minority cultures and practices according to the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expression. To this end, the Ministry has already established two Community Museums at Binga and Hwange to cover the Tonga and Nambya Cultures. Other communities earmarked for this cultural equity programme include the Kalanga, Venda, Shangani and others.
Whereas the National Heritage Institutions of Museums and Archives hold huge repositories of cultural heritage material for the country’s collective memory, the Ministry has been a crucial player in the protection and promotion of Intangible Cultural Heritage issues such as sacred sites of national historical and spiritual significance like
Shavarunzi, Chitungwiza, Chaminuka and Njelele, all of which have been designated as National Monuments. To achieve this, the Ministry works closely with traditional leaders, local custodians and civic societies through a National Intangible Heritage Committee. The Committee has so far successfully registered with UNESCO the following items as of universal value; Jerusarema Mbende, Mbira and Nehanda and Kaguvi Trial Manuscripts.
Keeping with its mandate of educating, raising awareness and transmitting cultural values, the Ministry through National Museums and Monuments of Zimbabwe has developed Radio and Television programmes such as Heritage in Focus. In addition, the Ministry has embarked on the development of heritage sites and field museums. These institutions and ongoing cultural research programmes ensure the survival of our cultural values. I thank you Mr. President.
On the motion of THE MINISTER OF HIGHER AND
TERTIARY EDUCATION, SCIENCE AND TECHNOLOGY
DEVELOPMENT (HON. PROF. MURWIRA), the Senate adjourned
at Six Minutes past Four o’clock p .m until, Tuesday, 23rd July, 2019.
PARLIAMENT OF ZIMBABWE
Tuesday, 30th July, 2019
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
HON. T. MLISWA: Thank you Mr. Speaker, it has been long. It is good to see you here.
THE HON. SPEAKER: Thank you. It is good to you too in your
white beard. – [Laughter.] -
HON. T. MLISWA: Thank you Mr. Speaker Sir. First of all, I think that there is a mistake with the documentation before us.
THE HON. SPEAKER: Which one?
HON. T. MLISWA: The Order Paper today is not Thursday,
neither is it 25th July?
THE HON. SPEAKER: Is that what you have there?
HON. T. MLISWA: I think has everybody got the same copy?
Yes - [AN HON. MEMBER: That’s the record for last Thursday.] – THE HON. SPEAKER: Yes, today is 30th July and it is Tuesday, 30th so it should read. Can you correct that Hon. Mliswa?
HON. T. MLISWA: It should read, Tuesday 30th July, 2019 and not Thursday 25th July, 2019. – [HON. MEMBERS: Inaudible interjections.] – No but I am talking about the first. Oooh sorry no, Mr.
Speaker Sir, sorry I withdraw. I had not …
THE HON. SPEAKER: Do not withdraw entirely because if you
go to the actual date today which is on Page 1731; you are right, it should read, ‘Tuesday but the date is 30th and not 31st’, so the 30th should be inserted there instead of 31st.
HON. T. MLISWA: Thank you Sir. Then Mr. Speaker Sir, we
understand that if a ruling is made by the Chair, it remains so. I think you had made a ruling some time ago on the forensic audit report that had to be tabled before Parliament by the Hon. Minister of Public
Service, Labour and Social Welfare, Hon. Sekesai Kanhutu-Nzenza.
Unfortunately, the same matter was brought to the attention of the
Chair at that time who was Madam Speaker, Hon. Tsitsi Gezi …
THE HON. SPEAKER: Just a minute please… Sorry for the
interruption Hon. Mliswa.
HON. T. MLISWA: I think you made a ruling which was very exhaustive and looked at all the areas. You mentioned that there had been a problem in terms of the law but again you also said that in terms of good governance, it was important that the Hon. Minister tables the report. You gave a timeframe of two weeks.
Madam Speaker, Hon. Gezi, at the time entertained that and still made a ruling that it would come later. Yet what was expected was for the report to be tabled before Parliament. I think that the Leader of Government Business must also appreciate that when a ruling is made by the Chair, he cannot continue to override your ruling. We expect him to actually be leading from a constitutional and Government point of view and to respect the Chair. The argument went on, which it was not even supposed to go because a ruling had been made. The only thing that was supposed to happen was for the report to be tabled.
Mr. Speaker, I say so because already credit must go to the new
Anti-Corruption Commission – especially the Chairperson, Justice Matanda-Moyo who actually went and I am told that the report finally came out after the officers went to see the Chairperson of the NSSA
Board to say, ‘We need a report’, and upon him trying to refer to the Hon. Minister; they said that ‘but you cannot, we are here to demand the report. You do not report to the Hon. Minister, we have come’. This is why now you see there have been arrests made of Hon. Mupfumira and so forth.
The reason why I am saying this is because it now leaves us to be a Parliament that is not proactive – as if we do not bring these issues up. Several times Hon. Members of Parliament rose to talk about the NSSA forensic report and now credit is being given to the Zimbabwe AntiCorruption Commission - yet we are the people who moved this. It is quite disappointing in that when decisions are made by the Chair, they are not adhered to. I think that it now brings doubt into this institution that so should we now be a Parliament that overturns decisions by the Chair? If anybody is not happy with your ruling, Mr. Speaker Sir, they have the right to go to the courts and challenge that but once a ruling has been made by you, that sticks and must be implemented at the end of the day.
We are a very important institution at a time like this and we have been accused by many for not championing the aspect of exposing corruption. The Parliamentary recommendations, the forensic audits which have come through you have often spoken about us following up but now they are in the public domain and it is as if we do nothing. It is important that the Leader of Government Business responds to some of the resolutions that come from the Parliamentary Committees.
The audits which come from your Auditor General, what are they doing in terms of implementing them because they go far back? She is outstanding. She has done her job but at the same time there is no political will on behalf of this Government in this House represented by the Leader of Government Business to see to it that things are done.
The Hwange forensic report – we have spoken about it and we have Ministers who are constantly hiding documents and not willing to be able to debate and to allow us to do our job. It is becoming difficult for us to be coming to this House. Therefore, Mr. Speaker Sir, I suggest and propose that there has got to be a discussion in support of Hon. Misihairabwi-Mushonga that the President must for now be told of the behaviour of his Ministers and their conduct in Parliament. He is being misinformed every minute and as Parliament, we have oversight over these Ministers, but they go and release a report to the police who we also have oversight over.
Who is it that we do not have oversight over? Mr. Speaker Sir, it is important that our role is defined and it is made easy for us to be able to be a force to reckon with and deal with the issues of this country. I thank you Mr. Speaker Sir.
THE HON. SPEAKER: The report, as so directed in my ruling, will be tabled on Thursday as the first item on the Order Paper, Thursday this week after tomorrow.
HON. T. MLISWA: But it is already in the public domain. We
also have it now.
HON. BITI: On a point of privilege, Mr. Speaker Sir. Hon.
Speaker, last week the esteemed Deputy Speaker made a ruling that the
Minister of Finance and Economic Development comes and gives a Ministerial Statement on the issue of foreign currency, 60% of which is going to an item called ‘others’ which we do not know - about $2 billion. I ask that on a point of privilege that I bring in terms of Standing Order 69, that when the Minister comes to make that Ministerial Statement, he also explains on the following –you recall Hon. Speaker that on 24th June, 2019, the Minister of Finance and Economic
Development himself gazetted and enacted Statutory Instrument 142 of 29 which demonetised the regime of multiple currencies and introduced the new Zimbabwean dollar which had been introduced by SI 33 of 2019.
The following day the RBZ Governor issued an exchange control directive in respect of which he directed that all companies that had external obligations should come and report their external obligations because the Central Bank had set aside the sum of US$1.2 billion that is going to cater for this external debt that is owed by these companies.
The question that we would like the Minister of Finance and Economic Development to answer is - where is the RBZ getting this money from when we know that the central bank is broke? Mr. Speaker, this is relevant because two years down the line we do not want this Parliament to be saddled with yet another Debt Assumption Bill.
Secondly, you are aware that in terms of section 327 of the Constitution, this Parliament has to approve any agreement that imposes fiscal obligations on the State. The US$1.2 billion exposes fiscal obligations on the State and the RBZ Governor cannot do that without the approval of this Parliament. So we would like the Minister of Finance and Economic Development, Hon. Prof. Mthuli Ncube to come and explain on where the money is coming from and the legal basis of acquiring debt without Parliamentary approval, which is in breach of Sections 327 and 300 of the Constitution. I thank you.
THE HON. SPEAKER: Thank you very much Hon. Biti. I shall be meeting the Hon. Minister at 5.30 p.m. today and will bring these issues to his attention. He may either include them in the supplementary budget or he might make a separate statement all together. I shall discuss the matter with him today at 5.30 p.m. Thank you.
HON. HAMAUSWA: On a point of privilege Mr. Speaker Sir, it is very important.
THE HON. SPEAKER: I am very averse to listening to more than two matters of privilege. You are the last one and be brief to the point please.
HON. HAMAUSWA: Thank you Mr. Speaker Sir. We raised an issue which is very important, the issue of water. We requested the Minister responsible to give us a Ministerial Statement regarding what the Government is doing to avert the crisis, not only in urban areas but also in rural areas. We raised this request two times and this is the third time. Considering that Parliament will be on recess we do not know what is going to happen regarding the crisis of water. As I speak today, there is no water being pumped in Harare. The problem in Harare is a reflection of what is happening in most cities and rural areas. Mr.
Speaker Sir, it is my humble request that the responsible Minister may come to this House and give us a Ministerial Statement.
The second request is: may the responsible Minister also declare the water crisis a national disaster so that other development partners can come to assist. As we speak, people in most constituencies in Harare are using contaminated water for their laundry and it is not good because we had outbreaks of cholera in previous years. It is something that as parliamentarians and as Government, we also need to take the water crisis as a national disaster. Thank you Mr. Speaker Sir.
THE HON. SPEAKR: Hon. Hamauswa, I have checked with the Hon. Leader of the Government Business and Clerks at the Table, this matter is being raised for the first time.
HON. HAMAUSWA: Thank you Mr. Speaker Sir. With due
respect, I think when it was raised, the Hon. Minister was not around but then it goes back to our system as Parliament. How can something be raised three times and then it disappears and it is something of national importance. We are talking of water. It is different from fuel because water, even one who is using a bicycle will need water. It is something that is shocking because I raised it twice and Hon. Mushoriwa raised it twice in this House.
It is shocking when the Hon. Minister says the matter is being mentioned for the first time. I do not know Mr. Speaker. It reminds me of something that was raised in this House which you also applauded where there was a proposal to set up a committee that will make sure that the things we raise here are implemented. If we check, we have a lot of things we raised that are not being implemented. Where I am coming right now, I am addressing people who are fighting for water. Then we raise it and the Minister says it was not raised, it is being raised for the first time. It is shocking. That is what I can say. Thank you Mr.
Speaker Sir.
THE HON. SPEAKER: Thank you for refreshing our memories. I shall be in touch with the Hon. Minister and ask him to bring a Statement either by Thursday or early next week. Thank you.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that
Orders of the Day, Nos. 1 to 5 be stood over until Order of the Day No.
6 has been disposed of.
Motion put and agreed to.
COMMITTEE STAGE
MAINTENANCE OF PEACE AND ORDER BILL [H. B. 3, 2019]
Sixth Order read: Committee: Consideration of the adverse report by the Parliamentary Legal Committee on the Maintenance of Peace and Order Bill [H. B. 3, 2019].
Question again proposed.
HON. SAMUKANGE: Mr. Speaker Sir, I wish to move...
THE HON. SPEAKER: Procedurally, you should have approached theChair.
HON. SAMUKANGE: The Leader of the House approached you
I understand.
THE HON. SPEAKER: I am unaware. You make me run the
House in staccatos.
House in Committee.
HON. ADV. SAMKANGE (speaking)…I have since received the
report that the Minister of Justice has made certain number concessions which the PLC is going to consider. In the circumstances, I am withdrawing this Adverse Report pending the new amendments that are being brought to the PLC and depending on the new amendments and the concession that had been made by the Minister, we will then reconsider whether to issue another Adverse Report or not. Thank you.
HON. MAMOMBE: On a point of order, we cannot hear
anything.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI: Thank you Hon.
Chair.
HON. SIKHALA: On a point of order Mr. Chairman. The
Chairman of the PLC is saying that he has withdrawn the Adverse Report against a Bill before this House. I do not know whether it is his unilateral decision or it is the decision of the Committee. Some of the Committee Members who sit in the PLC do not know that the Chairman has withdrawn the Adverse Report. The Adverse Report was not brought as a result of the Chairman but it was a collective decision of the Committee. Is the Chairman speaking on behalf of his Committee or he is speaking on his own behalf? That is what we want to know. He cannot simply withdraw a report of a Committee and that is why it is called a Committee.
HON. ADV. SAMKANGE: As far as I know, -[AN HON.
MEMBER: We cannot hear you.] - I do not want to scream please. Do you want to hear me or not? No, no.
HON. BITI: Hon. Chairman, I will suggest that instead of withdrawing the report, he simply moves for the adjournment of consideration until their Committee has seen the amendments that the Minister says he is conceding to. So, instead of withdrawing this Committee should adjourn so that they go back to the Committee and consider what the Minister is bringing. Instead of using the word withdraw, the Committee Chairperson Hon. Adv. Samkange must simply move for the adjournment so that the Minister submits to the Committee the amendments and their Committee will debate whether the report is still alive or not. If they are happy with the new amendments, then they withdraw. That is the formal procedure Mr.
Chairman.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon.
Chair. What we did is, when the Committee sat, they invited us to the Committee and when they invited us, we deliberated on issues that they felt were unconstitutional. After the deliberations, we agreed on the amendments that had to be made. After agreeing, we submitted the amendments to Parliament but the Committee felt that perhaps what would be prudent would be for Parliament to acknowledge that they had flagged some provisions as being unconstitutional and issue an Adverse Report, but the agreement that we had is we have the amendments that were brought to Parliament which I will submit that they will be put on the Order Paper, and we proceed accordingly because even in their minutes we had a meeting and we agreed to that effect.
So, I am in agreement with Hon. Biti and with the concurrence of the Chair, if the amendments can be put on the order paper and then we will proceed. With the concurrence of the House, I seek that we report progress. We incorporate the amendments and we sit again. So, I seek leave that we sit again once they are incorporated and then we proceed.
Thank you.
House resumed.
Progress reported.
Committee to resume: Thursday, 1st August, 2019.
SECOND READING
ZIMBABWE INVESTMENT DEVELOPMENT AGENCY BILL [H.B.
2, 2019]
First Order read: Adjourned debate on motion on the Second Reading of the Zimbabwe Investment Development Agency Bill [H. B.
2, 2019].
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. Speaker Sir,
I want to thank the Hon. Members for the debate on the ZIDA Bill. I want to indicate that we acknowledge the contributions by Members which we are duly looking into and as we move to the Committee Stage, we will be considering some of the contributions and making the necessary amendments so that we can move forward. I therefore move that the Bill be read the Second time. I thank you.
Motion put and agreed to.
Bill read a second time.
Committee Stage: Wednesday, 31st July, 2019.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Hon. Speaker
Sir, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 6th August, 2019.
MOTION
REPORT OF THE JUDICIAL SERVICE COMMISSION FOR THE
YEAR ENDED 2018
Third Order read: Adjourned debate on motion on the Report of
the Judicial Service Commission for the year 2018.
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Hon. Speaker
Sir, I move that we adjourn debate on this motion.
Motion put and agreed to.
Debate to resume: Tuesday, 6th August, 2019.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. Speaker Sir,
I move that Orders of the Day, Numbers 5 to 38 on today’s Order Paper
be stood over until we have disposed Order of the Day, Number 39.
Motion put and agreed to.
MOTION
REPORT OF THE PORTFOLIO COMMITTEE ON PUBLIC
ACCOUNTS ON COMPLIANCE ISSUES FOR THE MINISTRY OF
FINANCE AND ECONOMIC DEVELOPMENT
Thirty Ninth Order read: Adjourned debate on motion on the Report of the Portfolio Committee on Public Accounts on compliance issues for the Ministry of Finance and Economic Development (S. C. 8, 2019).
Question again proposed.
HON. SANSOLE: Thank you Mr. Speaker Sir. I think you will agree with me that sound financial management is at the core of any society. So to have a whole Ministry of Finance and Economic Development that is supposed to supervise all other ministries in the conduct of their financial affairs failing to comply with legislation that regulates such as the Public Finance Management Act is unacceptable.
We have a Ministry of Finance and Economic Development that is expected to lead by example because it supervises all other ministries which failed to abide by legislation which governs financial affairs in Government. I want to buttress the view expressed in the report that the
Accounting Officer in the Ministry of Finance and Economic Development was uncooperative and very defensive. Instead of explaining the matters that arose, he apportioned them to legacy issues and said that he was not there when they occurred. As Accounting Officer, he is accountable for what happens in the Ministry regardless of the fact that he was not there because we look at the institution and not the person heading the institution. The Accounting Officer is expected to take full responsibility for the activities that took place in the Ministry.
Apart from the failure to avail information relating to the State’s indebtedness, the Ministry failed to also allocate 5% of the nation’s revenues as expected in the Constitution in line with the devolution agenda. It failed to allocate 5% of national revenue to local authorities and to provincial councils that were to be set up in terms of devolution which is clearly spelt out in the Constitution. There were cases of over expenditure which occurred without the Ministry seeking condonation from Parliament and no satisfactory explanation was given for those transgressions by the Accounting Officer.
Regarding the failure to submit monthly consolidated financial statements for the period and for each quarter, the Accountant-General could not give explanations. The Ministry is expected every month to give financial statements for each month and subsequent to that, every other month, cumulative figures for the quarter and half year leading to the year. The build-up also helps us in coming up with the budget for the ensuing year.
To date, the financial statements that have been prepared by the Ministry for the months of April and May 2019 contained numerous errors and that is not acceptable for a Ministry of Finance and Economic
Development. The Ministry’s failure to comply with Sections 11 (2); 13 (1); 20 (2) and 22 (2) of the Public Debt Management Act are all indicative of the lack of seriousness on the part of the Ministry in as far as the discharge of responsibilities is concerned.
The net effect of these transgressions is excessive borrowing with no regard to limits by the State and local authorities and that is not acceptable, Mr. Speaker Sir.
We also had incidents of keeping Parliament in the dark regarding such borrowings and that is also not acceptable because Parliament must be aware of the state of indebtedness of the country. In addition, failure by the Ministry, except in 2019 where there has been an allocation, to allocate at least 5% of the national revenues to provinces and local authorities is a violation of the Constitution. It is also a clear indication that the Government pays lip service to the issue of devolution.
As you can see from the report that was presented by the Chair of the Public Accounts Committee, expenditure outside the budget has been a common occurrence for the past five years from 2014 and the Ministry has not bothered to come to Parliament to seek condonation for such excesses. This will not be allowed going forward, Mr. Speaker Sir. I think the Public Accounts Committee must use its teeth to bite and bite effectively.
Finally, I have noted that failure to comply with the law, particularly the Public Finance Act, is not only prevalent in the Ministry of Finance, we have found that in other ministries as well. There are directors in other ministries who are expected to provide their monthly and quarterly financial statements to the Ministry of Finance and Economic Development who also failed to do so during the period under review. We expect all ministries to comply and also to comply within the set timelines. I want to thank you Mr. Speaker Sir.
HON. T. MLISWA: Thank you Mr. Speaker Sir. Let me first of all commend the Committee on Public Accounts chaired by Hon. Biti, for a sterling job that they did in terms of highlighting a number of issues which have been outstanding for a long time. I think it is good that we have the Minister of Finance and Economic Development and it will certainly help him put things in order which have not been in order.
Part of his role is to take corrective measures.
The Accountant-General, does he really exist Mr. Speaker Sir, because if you look at all what is outstanding right now, it is under his purview. We see and read about the Auditor General, but we have never read about the Accountant General. It is actually new for us to think that such a person exists and what is the role of the Accountant General in this regard? One of the main roles of the Accountant General is to authorise, to issue a warrant for expenditure to every Ministry which means no Ministry can spend any money. If they want $20 000 you must sign for that.
Mr. Speaker Sir, since 2014 there is no paper work which has been signed from him authorising that expenditure. So, basically we have had a dysfunctional Government. We come to Parliament, we pass budgets and I think in a way Parliament has been lenient too in allowing the Budget to be passed without this due diligence being done. We must hold everybody accountable. So, how do we then keep giving ministries money when there is no corporate governance? We are seen wanting as Parliament. It is not the duty of the Ministry of Finance and Economic Development. The Ministry of Finance and Economic Development will come with the Budget here and we pass the Budget, but I think it is important for Members of Parliament to understand the role of the Accountant General in this regard.
The Committees here must be able to give us the direction. There are different Portfolio Committees in this august House which are responsible for ministries and they must be able to tell us no, we cannot pass this budget because of A, B, C and D. In a situation like this, Mr. Speaker Sir, what do you do about the outstanding issues from now going back to 2014? Not only that, he has not even come to this House to seek condonation. While all those mistakes have been done, he has not come to this House to seek condonation so that this House allows the mistakes done and at the same time says, moving forward the processes must be followed. So, condonation is not even brought to this august House.
Mr. Speaker Sir, the RBZ gives money to financial institutions but the Ministry of Finance and Economic Development borrows over what they are supposed to borrow which is 20%. They have done that, they have not come here. This is the reason why you see so much money floating around, people changing money because these are transactions happening without the knowledge of this House. The Treasury Bills that we are talking about were borne from these transactions. Today you read stories and audits about command agriculture.
Hon. Members, we cannot sweep things under the carpet. For too long, we have been known to be sweeping things under the carpet and who suffers at the end of the day - it is the people, it is us. The Auditor General has highlighted a number of issues and it is about time that we interrogate further and we are able to bring people to account. Today we are now having Ministers arrested for allegations which is a welcome move. For a very long time, they were sitting safe and comfortable on these benches. Today I think it was a miserable day in Cabinet when one of their own was not there and I am sure they were asking themselves where this person is. I hope it hit your conscience that when you are in public office, that is public money, it is not touched – especially when it is pensioner’s money.
So I am glad that the President has now decided to emerge. Popularly known as Ngwenya the crocodile, he had hunted the buffalo and went under water. He has now finished eating the buffalo and he is out again. So that is what we expected of the President, to do exactly what he is doing so that any Minister who is close to him and who serves this country must go to the prison. I am bringing this up because if
Ministers were accounting, if they knew the accounting systems in the Ministry, they would not be going to jail. At times you go to jail while you are innocent, but it is because of being complacent in not understanding what your subordinates must be doing.
Ministers today talk about the board but who does the board report to – the Minister. So how can you be sleeping on duty? Who does management report to - the board. These are the corporate governance issues which they have been ignoring for a long time and now they are coming to eat them. So, it is important these issues that we are talking about, the Ministry of Finance and Economic Development must spend time in educating these Ministers at the workshop on how they must account for this money, how they must know that if anything goes wrong, it is the Minister who is responsible.
We want to talk about the issues of the Minister of Finance and Economic Development equally coming to this House because we hardly hear of Ministers coming to this House for a supplementary budget. We are in a situation where the money which we budgeted for is not enough, but because we budgeted for it, it must come through because that is an estimated budget. Failure to do that will not deliver. Which means, Mr. Speaker Sir, all the civil servants we have are not doing anything because there is no money. So, the question that I ask Mr. Speaker Sir is, what are civil servants doing in offices when they do not have tools for trade?
Basically, they are sitting there having coffee with heaters on. You cannot blame them because there are no resources. There is expenditure from the civil servants and at the same time there is no production which covers that expenditure. You are constantly in the red. So, Ministers must pay attention to detail or know these issues and so forth.
Mr. Speaker Sir, in this situation Hon. Biti must be commended. I think he articulated this well, being former Minister of Finance and so forth, he was privy to these issues. Thus the reason why even on that day, I was disappointed that Hon. Matangira would stop Hon. Biti from debating on something that he is knowledgeable about and no one takes that away from him. We have a situation where the Blue Book, we have a sovereign debt of $17 billion. This is now the Blue Book from the same team, brings it to $9.6 billion. To think that is not enough, the third Blue Book brings it to $9.4 billion.
These are the same people. From $17 billion, the same people are saying, it is $9. 6 billion and $9.4 billion. Mr. Speaker Sir, I want you to understand this. How did they reach the $17 billion, the $9.6 billion and the $9.4 billion? If we were to continue, it would even come to $1 billion or to 1 cent. What I am trying to say here is there is no work being done at all. These are figures which have a lot to do with the running of this country. For me, it is important that we talk about the inconsistence of the figures. When your figures are not coming in not very consistent, it has repercussions on the running of the country because you will budget high, then they come low. To me, that needs to be looked into pertaining that. The running of the budget in terms of the deficit of $2 billion in 2018 – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Hon. Members, may you
lower your voices.
HON. T. MLISWA: The 2018 deficit of $2 billion – what I want to understand Mr. Speaker Sir is that the Minister of Finance with the technocrats there, must be able to come before this House and say, before this Budget is approved, we are in deficit of $2 billion, is that $2 billion being factored in from what we pass here? If it is not being factored in, it will be taken somehow but the $2 billion again is an indication of another avenue where they are taking money illegally. Kune chikorokoza chenyika futi, kutora mari illegally, chisiri pamutemo but even my dear Hon. Brother and colleague Member Hon. Nduna has been pushing even for illegal miners to be legalised. Why do we not get these legalised too so that we deal with it because we are lying to the nation. We are lying that this amount of money that we have for the budget is true, yet they are continuously borrowing on the side. They do not come to Parliament and there is no condonation. This is impunity. You have the Accountant General sleeping and because there is an Accountant General who is sleeping on duty, they are used to it. To me, the Accountant General is the first person who in fact, must, resign.
We cannot have a situation where all these years, that office is quiet, yet it is critical for the running of the national budget of this country. It is critical for the accountability of the monies disbursed to Ministries. No wonder why so much is happening because there is noone looking over that money. You want $20 000, a warrant must be issued, what for – you now want more money while you are wanting more money, that $20 000 must be accounted for too. Mr. Speaker Sir, I want you to picture this. It is just like a running water tap, and you cannot stop it. Anybody can just put a bucket, they go, put a bucket, put a bucket, they go. This is what has been happening. I liked Hon.
Minister Mthuli’s remarks which I have borrowed from him that, I have closed the taps, but unfortunately, while he was closing this tap, the RTGs tap was being opened again. He totally was bold and he must be commended for that. Mr. Speaker, he was strong and he had to fight forces for closing that tap of the Treasury Bills but as soon as he closed it, we then had Cyclone Idai. I do not know which tap was opened. There was more money now leaking. You now have the situation - you have Treasury Bills blocked and you have this tap.
Mr. Speaker Sir, we can name companies but these companies do not go and get their money themselves, they are given money. Therefore, you cannot blame Sakunda, Themba Mliswa or Tendai Biti for getting money from the fiscus. We must question those who release the money from the fiscus not the companies who benefited. We must understand that. It is the source that we must look at, that is how porous the system is. We are more in control of the oversight of the
Government institutions rather than the private companies. Mr. Speaker
Sir, it is important that we have people who pay attention to details. I think His Excellency must appoint Ministers who have a basic understanding of Maths, Arithmetic and Economics because that is certainly affecting us.
If you look at NSSA for example, NSSA is a billion dollar institution and you cannot give, it with due respect to a Minister who has never done accounts or economics. You cannot, because this is pensioners money, it must be invested correctly. All the investments in NSSA have never yielded anything. They put $20 million in this bank and the bank closes. Every investment that they have put in a bank, all the banks have closed.
THE TEMPORARY SPEAKER: Hon. Mliswa, may you
address the Chair and may I remind you that you are left with five minutes.
HON. T. MLISWA: To me, it is the same thing right now and it is an issue that the Minister must attend to. Talking about this, even the Metropolitan Bank owes the Ministry of Finance $50 million. The
Minister must commend me for knowing that. It came from the Grain Millers Association. Why do you still keep that bank running? Mr. Speaker Sir, a bank which even owes the Ministry of Finance money and is licensed by the same Ministry is still functioning, why? These banks must be closed down if they do not have money. They give you a payment plan to come and get your money and you have many Government Ministers banking in those institutions being given loans from other means, not from depositors’ money. I say this because it is the time to speak. While the other Minister is in prison, you cannot leave out Met Bank. I know Hon. Bvute is a Member of Parliament but I am talking about Met Bank not Hon. Bvute, the institution.
Mr. Speaker Sir, that institution needs to be investigated. This is where all the rot in the country has been happened. You have command housing there and they do not have money. They cry in the name of indigenisation and they hide behind that but they are stealing. The owner of that bank, Enock Kamushinda cannot be seen anywhere. He is gone, he has stolen money. I say so but why are we allowing in this country fsomebody who has been stealing money in banks, whether he gives you t-shirts or money for ZANU PF, it is not at the expense of the ordinary person. The money that they are getting from these banks is stolen money from the people, not their money.
I am glad that the President has sent the signal. You see them at the President’s Office all the time, you see them with the President – what I like is the President is a man of the people who sees everyone and he will allow institutions to play their role. In no time, with all these happenings in terms of corruption, if Met Bank is not touched, we have not started the game. They were given $72 million by NSSA and they did not pay it back. They owe the Ministry of Finance $50 million from the Grain Millers Association which deposited money there, the money is not there again but the Ministry of Finance still licenses them. Where are we going to have a due diligence of these financial institutions to see whether they have capacity to give people money or not, and inflation - I guess it is time you close banks until there is money. They are taking people’s money, they are using depositors’ money to go and build clubs and so forth. I say this with pain and emotion because people’s savings are going. These are criminals who need to go to Chikurubi and Hon. Ziyambi must start refurbishing Chikurubi for a VIP prison for them to go and languish in prison.
We need a supplementary budget to refurbish the prisons. So Mr.
Speaker Sir, I contribute to this in an honest manner and in being honest,
I am hoping that the Minister takes note of what I have said in terms of Met Bank and other institutions. I know of Ministers who have overdrafts there and have not paid. The Hon. Minister was right to get the Reserve Bank register for banks Mr. Mataruke Norman. He has an overdraft there.
These are things which I say which are there but because he has an overdraft, he cannot close the bank. How do you have a person monitoring banks with an overdraft in a bank which is not doing well and you expect him to close? This corruption must stop - Minister. It must stop. You have the power to remove him Minister. You have been appointed by the President to unravel these things because they are destroying the country, the people and they are destroying the President.
As for you, I know you are clean for now and with that clean reputation you have, take on the challenge and be the person that people said ‘yes’.
I know that they try and avoid you and politically they play politics. Do what you came for. Expose them and let us have a proper audit of all the financial institutions in this country and see if they have got the capacity, or else we are just taking money from Ministries. Just to finish off, most of the Ministries are banking with Met Bank because
Ministers are given overdrafts. Can you believe that? It is stolen money. They force them to go there. The former Minister of Local Government and Finance Hon. Dr. Chombo is a shareholder of that bank. Who does not know that? If you look at all Local Government and all what Hon.
Chombo was involved in was banking with Met Bank.
[Time limit]
HON. T. MLISWA: I thank you Mr. Speaker Sir for giving me
this opportunity to speak.
HON. P. D. SIBANDA: Thank you Hon. Speaker for giving me
this opportunity to also try to speak to this audit report. I think the sad part in debating about this particular report is that it comes against a background where everyone else applauded the appointment of Hon.
Prof. Mtuli Ncube as Minister of Finance and Economic Development. His appointment on its own, had raised optimism that someone with an illustrious résumé had been appointed to that portfolio and the expectations of the citizens of this country were that the illustrious résumé is going to turn into tangible economic and welfare gains in the country. Sadly, that is not the case currently when we look at what is taking place on the ground.
We are aware that the Hon. Minister is renowned for saying that he is sitting over a budget surplus but he is sitting on a budget surplus with most institutions basically dysfunctional because of lack of resources, and that is quite sad. We are discussing this report at a time when everyone has come to agree that the real problem in this country that has affected our economic performance is not sanctions, but it is corruption and entitlement. I think for now there is a general consensus across the political divide of this country that the major cause of our economic demise is corruption rather than sanctions or anything else.
Hon. Speaker, even as we are seeing these newsworthy arrests and so on that is taking place - in my view, I believe that is a child’s play. We are playing small games. The real issue that we need to deal with is to tighten the screws in terms of our systems. The question is are we doing that? Are we complying with the systems that we have put in place as a country? No, we are not complying with them. Are we complying with the Public Finance Management Act, our Constitution and the Corporate Governance Act, the answer is no.
We are debating this report at a time when poverty levels are alarming. The poverty levels that we are experiencing in this country can only be equated to poverty levels that are in a country which is at war. Our poverty levels currently are so much comparable with those of Somalia or we might be even worse off than Somalia. We are not a country that is at war. We are a country that is supposed to be having a Government, a country that is at peace and we are supposed to be a country that is following the rule of law. If you look at the levels of poverty that we have in this country, they are amazing.
If you go to the rural area where the Hon. Minister comes from in Lupane East where I was on Saturday; if you look at levels of teenage pregnancies in that constituency, they are amazing. I went to St. Luke’s Hospital and of the pregnant women that are waiting to give birth at that hospital, 97% are teenagers. When you ask for the reason, it is simple. Those girls are dropping out of school at primary level not even secondary and that is the home area of the Hon. Minister of Finance and Economic Development.
So, this is the situation that we are currently facing as a country. Then you want to ask yourself Hon. Speaker. We have put in laws as a country that are meant to guide how we conduct ourselves in terms of financial management. Those laws are being violated willy nilly. There is so much financial delinquence and financial truance, especially spearheaded by the same Ministry which is supposed to command over our finances, the Ministry of Finance.
Let me cite the examples Hon. Speaker. The Reserve Bank Act says that the Ministry of Finance cannot borrow more than 20% of their previous revenues but consistently and persistently since 2014, the
Government has been borrowing more than 20% of previous year’s revenues and nothing has been done to the Ministry after doing that. We have always been hearing about borrowing from China, different countries and different institutions. The Minister of Finance I am sure has the relationship with Afrexim Bank and that is the bank of his choice. That is where they borrow always.
Hon. Speaker, I have been in Parliament since 2013 and have never had a time when the Ministry of Finance has come here to seek for approval from Parliament as is provided for by the law, but they continue to borrow every day. If you look at the amount of money that they borrow and look at the level of infrastructure development that is in this country, you begin to wonder where all this money that we are borrowing is going to. We are borrowing that money in an illegal way without following the provided for statutory provisions.
Hon. Speaker, Section 327 provides that there are no agreements or loans that can be taken by Government without first seeking approval of Parliament but that Constitution is being violated willy-nilly by none other than the Hon. Minister of Finance and Economic Development himself. As Parliament we have been silent, we have not done anything but we are charged in terms of Section 119, with the responsibility to protect the Constitution. How are we protecting the Constitution when we are allowing such truancy by the Minister of Finance taking place? What is it that we have done as Parliament to ensure that we rectify and deal with the duty that is sworn upon us?
So, Hon. Speaker, it is my view that Parliament should stand up and say enough is enough in terms of this delinquency and this truancy that is taking place of violating the Constitution that we are supposed to all abide to.
Hon. Speaker, I am informed through the report that in the audit report, the Ministry of Finance had about 57 qualifications and that is the highest number amongst all other Ministries that were audited by the Auditor-General. So, that means that the most delinquent Ministry is the Ministry that is charged with the responsibility to be stewards over the resources of this country.
Hon. Speaker, where are we going to? Then we want to go and start blaming a Minister that is at NSSA, who is stealing at NSSA when most of the leakages are actually taking place within the Ministry that is the custodian of our resources. So, it means that all these other corruption cases that we might try to report about are just nothing. The majority or the promoter of corruption in this country is the Ministry of Finance which is allowing all these things to take place in terms of leakages of resources.
Hon. Speaker, the Accountant-General in terms of the law is supposed to prepare monthly financial accounts. He has not done that since 2014, but he still remains the Accountant-General up to now. I do not know whose relative he is but obviously he is not in that position on merit. He is on that position because he has got a relationship with somebody else because if he did not have any relationship with somebody else; Hon. Speaker, this is a dismissible offence and that person should be dismissed as soon as yesterday. That is what the law provides. The law says he should provide those accounts monthly, he has not done that since 2014. Why does he continue to enjoy even a single hour in that office? I hope the Hon. Minister will answer to those questions.
Hon. Speaker, quarterly statements are supposed to be provided, yearly statements are supposed to be provided in terms of the law and nothing is being done. Hon. Speaker, you hear the Hon. Minister telling you that very soon inflation is going to fall down, very soon we are going to have stability, and very soon we are going to become a medium income country - that is a pie in the sky. It will never happen as long as we are not following the systems that we have laid down. That will be simply something that is theoretical.
The law says Government cannot borrow beyond 70% of GDP but they have been borrowing since 2014 contrary to the provisions of the law. I am not talking about any other conduct; I am talking about conduct that is contrary to the provisions of the law. When some people say that we do not have rule of law in the country, you say these are sell outs but the examples are coming out from the Auditor’s report.
In the year 2017, the National Budget was 4 billion dollars but as at the end of the year, Government had spent over 8 billion, over a 100% of the budget that had been approved by Parliament. The extra 4 billion was spent without seeking condonation of Parliament. It was done without the approval of Parliament. I am not going to talk about anything; I am simply talking about legal delinquency that is being practiced by the Ministry of Finance. They are supposed to come and appear before Parliament and seek that we condone or at least we have a budget supplement but they have not been doing that, they have been going on spending the National resources like confetti at a party. If this money was going towards hospitals, building of schools, the welfare of the citizens of this country, it would have been better but no one sees where this money goes to.
It is my view that as a Parliament that is charged with the responsibility to protect the Constitution, unless if we are aiding and abetting the Executive in this delinquency and in the manner that they are stealing, then Hon. Speaker, I think some action needs to be taken by this House. There is no better time to do that than to do so now.
It is my recommendation that some heads that have been pointed in terms of that Auditor- General’s report, including Muchemwa, of course, those heads should begin to roll. It is only that way that the bureaucrats will begin to obey the laws of the country – [HON. MEMBERS: Hear, hear.]
ANNOUNCEMENT BY THE TEMPORARY SPEAKER
OFFICIAL HANDOVER OF CYCLONE IDAI DONATIONS
THE TEMPORARY SPEAKER: The Presiding officers of
Parliament cordially invite all Members of the Committee on Standing
Rules and Orders, Members of the Chairperson’s panel and the
Chairpersons of the Committees to the official hand over of the Cyclone
Idai Relief donation to the Minister of Local Government Public Works and National Housing, Hon. J. Moyo, on Wednesday, 31st July, 2019 to be held in the Members dining hall at 0900hrs.
HON. NYOKANHETE: I just want to contribute and add my
voice concerning this report from the Public Accounts Committee. Personally, I was an accountant for the past 15 years. I remember and I know that a due date is a due date when it comes to the issue of producing financial reports. However, here we are having a person who is sitting in the high office, appointed by the President but failing to discharge his duties. The duties of an accountant are to prepare the financial reports, to do financial management and also to do some decision making in terms of advising. So, we are having a problem in this issue that the Accountant General has failed to prepare the quarterly financial statements which should be presented to the National
Assembly. Secondly, there is non-compliance in that the AccountantGeneral failed to prepare consolidated monthly financial statements and he is also failing – [HON. MEMBERS: Inaudible interjections.] – to do the transmission of the reports to the Auditor-General. To my thinking, that is a great negligence of duties and not something good for the person to be retained in this office for the longest time.
I just want to go to the effects of not submitting the financial reports timeously. The first effect is that fraud or theft can be conceived purposely by failing to submit the financial reports in time – [HON. MEMBERS: Hear, hear.] – So we are having a person in office who is concealing fraud/theft – that is something which is of great importance.
The other issue is that we are having a person who is also disadvantaging the Parliament of Zimbabwe. There is a great denial for the Parliament of Zimbabwe to know the spending priorities by denying the submission of the financial reports. Secondly, the Parliament of Zimbabwe is not able to know the sources and resources that support various programmes. We are also denied to know whether the Government obtained and used the resources in accordance with its adopted budget.
The other issue is that the Parliament of Zimbabwe is being denied to know that the resources are being channeled in an efficient and good way – [HON. MEMBERS: Hear, hear.] –
Hon. Speaker, we have someone who is supposed to be teaching people how to walk but our challenge is we cannot do that because we move like crabs that move sideways and we are failing to do that. We have a problem of people who are being looked after for a very long time with so many perks from Government but without performing. They lead lavish lifestyles but in terms of performance – nothing is being done.
He is an Accountant-General of the nation of Zimbabwe but he is failing to discharge his duties. We are stating that kana munhu anenge asinganzwisise zvaanoita ari mu office …
THE TEMPORARY SPEAKER: Order, order, Hon. Member
you are reminded to use one language.
*HON. NYOKANHETE: We are saying that once someone is in
office and cannot perform – that is the challenge for a person who is an
Accountant-General …
THE TEMPORARY SPEAKER: Order, order, you seem to be
switching from one language to the other Hon. Member. May you please stick to one language, if it is English – it is English and ChiShona is ChiShona. You may proceed.
*HON. NYOKANHETE: Thank you Hon. Speaker, in winding
up, I am saying that a stance should be taken by the nation of Zimbabwe as to what can be done to a person who is failing to perform his duties and yet receiving an income on a monthly basis.
In the private sector, when a person fails to perform and is not competent – the person is fired. I thank you.
HON. BUSHU: Thank you Mr. Speaker Sir, for allowing me to contribute to the debate on the report tabled by our Chairman of the Public Accounts Committee of which I happen to be a member. The issue Hon. Speaker Sir, is that we all heard what the Chairman presented and the most critical issue is that there is generally a culture of noncompliance. I am glad that the Minister of Finance and Economic Development is here and he happens to be new to the ministry and was not there during the era that the report is making reference to. Also the incumbent Accountant officer to the ministry was also not there when this non-compliance was taking place.
What this does is that it ties the new brooms to comply with the law into the future – [HON. MEMBERS: Hear, hear.] – The Public
Finance Management Act; the Public Debt Management Act and the Constitution are very clear as to what should be happening when we manage our own national finances and compliance is important. The laws are made here and compliance must be consistent with what we have asked ourselves to do. Therefore, we expect that ministries will conform to the dictates of the law.
However, I would like to point out that …
HON. HAMAUSWA: On a point of Order Mr. Speaker Sir! It is
glaringly clear that the Hon. Minister does not even care about the debate because he is not even listening – [HON. MEMBERS: Inaudible interjections.] - Yes, you are not listening. – [HON. MEMBERS:
Inaudible interjections.] - He is busy discussing yet we expect the Hon. Minister to be listening – [HON. MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Order, order Hon. Members.
HON. HAMAUSWA: He is busy speaking to the Hon. Minister of Defence and War Veterans. – [HON. MEMBERS: Inaudible interjections.] - We expect the Minister of Finance and Economic
Development to listen because this is very important– [HON.
MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Order, order Hon. Members!
Order, order Hon. Member, your point of order is overruled. May you please resume your debate?
HON. BUSHU: Thank you Mr. Speaker Sir …
HON. MABOYI: On a point of order Mr. Speaker Sir!
THE TEMPORARY SPEAKER: What is your point of order
again? We want to proceed with business of the House and debate. What is your point of order now?
HON. MABOYI: Hon. speaker Sir, I just wanted to interrupt what the Hon. Member - [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order Hon. Member, I
have already given a ruling on that. Thank you. – [HON. MEMBERS:
Inaudible interjections.] - Hon. Kwaramba!
HON. HAMAUSWA: Hon. Speaker why are they making this
sign when we have a record of people disappearing? Are we even safe in this House?
THE TEMPORARY SPEAKER: May you resume your seats
Hon. Members. Hon. Member, it is said you gave a sign. Did you give that sign that you are assumed to have done? I am told you have given a sign, I do not know what sign that is.
HON. MABOYI: Hon. Speaker Sir, we usually joke with Hon.
Banda – [HON. MEMBERS: Inaudible interjections.] -
HON. BUSHU: Thank you Hon. Speaker. The position is that we are looking into a future where the Ministry of Finance and Economic Development, which is a key Ministry, does not have the highest qualifications from the Auditor’s Report. Our thinking was that the Ministry of Finance and Economic Development, if it controls itself, it will then be able to control the other ministries in terms of managing the finances.
The Auditor-General’s report is not only important to Parliament, it is also important to ministries and Ministers themselves and it will assist in guiding us in managing our finances, which I think we can. The reward and punishment structure as provided by the law in the PFMA is very clear and this also will assist in whipping the administration into line, particularly the lower levels.
Reports like these with a sample size of 12.5%, and I looked into the 2018 one which is a 14% sample size, means that there is a lot of work to be done by the Public Accounts Committee and in particular the
Auditor-General’s Office. My request is that the Auditor General’s Office be empowered, be allocated more resources so that the Ministry of Finance and Economic Development is assisted in managing the other ministries in terms of managing finances.
Thank you Mr. Speaker Sir, for allowing me to contribute to this and I think I will leave it for now.
HON. ZENGEYA: Thank you Mr. Speaker Sir, for allowing me to add my voice to the Public Accounts Report. I also happen to be a member of the Committee. I have realised that the issue of none compliance has been realised over and over again. I think that was done not because they did not know what they were doing, but because there were other issues behind that. It was so deliberate in the way they were doing their own things.
According to section 310 (3) of the new Constitution, it says that not less than 5% of the budget of that year should be proceeded to the provinces and local authorities, but ever since the inception of the new Constitution nothing of that sort has happened. So my question is, how do you expect provinces and local authorities to do their jobs and to do production in their provinces when what is due to them is not provided for?
You realise that in the 2019 budget only less than 5% of the budget which is of $6 billion was set aside for the provinces and the Accountant General agreed to say they had partially provided for the provinces and the local authorities, of which I think that was deliberate in doing so. My question is, where is the balance of the 5% going and how do you expect the local authorities and provinces to proceed when they are not provided for in the budget of the country?
So my prayer, Mr. Speaker Sir, is to see what is due to the provinces and local authorities being taken care of and being taken seriously so that we see our country moving forward. I so wish that this Parliament is going to take that seriously and the Ministry of Finance and Economic Development is going to look into this matter. I so rest my case. Thank you.
HON. RAIDZA: Thank you very much Hon. Speaker Sir. We want to thank our Public Accounts Committee on the report that was presented by our Chairperson, Hon. Biti and seconded by Hon. Nduna. I am going to discuss just a few issues on statutory responsibilities of the Accountant General.
The office of the Accountant General is an important office for the efficient running of the finances of the country, but what we discovered during our engagement with the Accountant General did not please us because of a number of issues. We realise that the Accountant General was failing to appreciate that his job was a statutory job where he was having statutory responsibilities, one of which was issuance of warranties. I think if we look at why the issue of issuance of warranties is critical in the management of the country’s finances, we realise that the Accountant General was not attaching the importance to that issue because from the Public Finance Management Act, the issue of warranties is critical in that it was going to help the Executive to manage the expenditures for each appropriation account.
The other issue was on statutory responsibilities of preparing the monthly, quarterly and annual financial statements. We have realised that some of these reports were not coming on time and the reasons that we were being given were not sufficient. So we want to encourage our Minister of Finance and Economic Development here present to look into that office and try to make it very efficient because we realise that the monthly reports that are supposed to come every month would build into quarterly reports and these quarterly reports would build into the annual report, but we realise that by not submitting these monthly reports at the end of each financial year, there were issues of non compliance.
The other aspect is that if the Accountant General cannot manage or he cannot carry out his duties, then it would be very difficult now for him to supervise the other finance directors as expected by the Public Finance Management Act because the other finance directors from other ministries are supposed to be feeding the information to him so that he prepares the consolidated financial statement. My encouragement is that the office needs to be relooked into and see how best we can improve its efficiency because the Accountant-General when he appeared before us, he did not tell us whether it was a structural issue in the department why he cannot perform or it is on a number of reasons. We want to implore our Minister to help us as Parliament to make sure that the law is abided by. Those are my contributions to say there are statutory responsibilities and I think in support of our President, His Excellency President E. D.
Mnangagwa’s efforts of fighting corruption, if we enhance the transparency of that office, it will help us as a country to fight the scourge of corruption. We realise that if the Accountant General cannot do his work properly as what is expected by the law, it will compromise many issues. Thank you very much Mr. Speaker Sir.
HON. BITI: Mr. Speaker Sir, I move to wind up the debate and move for the adoption of the report. I want to thank Hon. Members who contributed on this very important report. I think today, we are also lucky that the esteemed Minister of Finance is also in the room, he would have heard the Members’ concerns and that report’s concerns as well as the Minister of Defence who is also very important. She will not just finish on the Ministry of Defence. Her ladder is very long. Mr.
Speaker Sir, this report raises five key issues which we hope the Minister of Finance will address.
The first one, as Hon. Members have been saying, Hon. Raidza,
Hon. Nyokanhete and Hon. Wesley Sansole, the issue of the Accountant General – [HON. T. MLISWA: My issues also.] – I will come to your issues. The issue of the Accountant General, Mr. Speaker, the Report founded the Accountant General as being a very lackadaisic gentleman. On one occasion, we had to suspend and adjourn our meeting because the Accountant General was unable to answer our questions. If a battle crane is unable to perform his duty, then he must be relieved of ...
THE TEMPORARY SPEAKER: Order Hon. Biti. I do not know the way you are responding at the moment. Are you not giving the Minister chance to respond. If you would want to give the Minister chance to respond, it must be the Minister first then you conclude.
HON. BITI: The tradition Mr. Speaker is that he adopts and implements but if he wants to respond, he can because he is here.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Mr. Speaker, I was
comfortable with the Hon. Member summarising things. He has raised the first point and I think he had four more points to go. Let us allow him to finish and I will respond but my response will be just to thank Hon. Members who were very robust and it is a very important debate. I thank you.
HON. BITI: Mr. Speaker Sir, we were disturbed that the Accountant General did not know his functions. As I have said before, in one of the meetings, we had to adjourn and postpone the meeting because the Accountant General was not very useful. The core mandate of the Accountant General and I need to over emphasise Mr. Speaker Sir, that the Ministry of Finance operates on three legs which are defined in the Public Finance Management Act. This is the Minister of Finance who is responsible or defined as Treasury. In terms of Section 7 of that Act, Treasury is responsible for formulating policy. The second office and a very important office is called the Pay Master General. The Pay Master General is the Secretary for Finance. He is responsible for making all payments consistent with the Blue Book. The third leg of the Ministry of Finance is called the Accountant-General. He is on par with the Minister, he is on par with the Pay Master General. The Accountant General looks after our accounts, looks after the books, looks after the corporate governance of the Ministry. The core business of the Accountant General is to prepare books. The core business of the Accountant General is to prepare financial statements.
We were disturbed Mr. Speaker Sir, that contrary to his statutory duties, the Accountant General has failed to prepare monthly statements. He has failed to prepare quarterly statements. He has failed to prepare annual statements. We met him in January Mr. Speaker Sir, when we interviewed him and he assured us that by March of 2019, he would have prepared the reports of last year. We are now in almost the end of
July Mr. Speaker, and he has not done so. The second omission was his failure to issue warrants in terms of the Public Finance Management Act. The way it acts is that when Parliament approves appropriations in terms of the Appropriation Act and approves payments which are detailed in the Blue Book, before a Ministry spends money, the Accountant General must issue a warrant under his hand or her hand to authorise a Ministry to spend money.
Since 2014, this Accountant General has not issued a warrant. That means that every cent that has been in every Ministry has been spent illegally without a warrant and that is dangerous Mr. Speaker Sir, because without a warrant there is no audit instrument. You cannot point out the Permanent Secretary of Defence or Health, that you overspent when you never gave him a warrant to say, spend $20 thousand. The whole gamut, the whole ecosystem of good governance and corporate governance collapses when the Accountant General fails to issue a warrant. What disturbed us most Mr. Speaker Sir, was that the Accountant General did not know that he had an obligation to issue the warrant, which is why we recommended in our report that perhaps he could be retired, given a nice package and someone who is more knowledgeable of the provisions of the Public Finance Management Act be appointed.
The second issue that concerned us were budget deficits. The Government has been running budget deficits since 2014, starting with a modest budget deficit of $380 million in 2014 to $2.8 billion in 2018. Mr. Speaker, when Parliament sits to approve a Budget, we approve proposals that come from the Minister of Finance in disposing of its constitutional functions defined in Section 304/305 of the Constitution. It is Government itself which says we want to spend $2 billion or $4 billion. It is an abuse of this Parliament when Government then proceeds to spend money outside that approved Budget but that can happen. Mr. Speaker Sir, that is allowed in our law but when that happens, the Minister of Finance must come up with a bill of condonation to ask for forgiveness from this Hon. House for spending outside the limit that is given in the Appropriation Act, also known as the Budget. We are disturbed as a Committee that since 2014, the Government has been spending outside the Budget, running a budget deficit which at times has run up to more than 100% but has not come to this august House for condonation. There are two things that must happen Mr. Speaker Sir.
First, there must be a Bill of Condonation to say, I am the Minister of Finance, we have spent outside the budget. We are sorry to you Hon. Members, then there is a Supplementary Budget or a Supplementary Appropriation to authorise the expenditure that would have been done outside the Consolidated Revenue Fund and that has not happened. We point to 2017 as a very disturbing year because the approved budget for 2017 was $4 billion but the expenditure was $8 billion. So you spend over 200% of what was approved. So we recommend that the Minister of Finance must now do the right thing and come up with Bills of condonation and supplementary appropriations for 2014 to 2018. Deficit financing is not good for the country, which is why the new Minister of Finance is speaking of fiscal consolidation and balancing of books because that is key to public management.
The third issue is debt contraction and on debt contraction there are three issues. The first one is the existence of multiple sources of debt contraction in the country. Everyone is contracting debt, in particular the Reserve Bank. The parastatals are contracting debt. So we make the recommendations that there should only be one debt contracting office in this country, which is the Ministry of Finance, authorised by the President in terms of the Public Finance Management Act. The problem of multiple centres of debt contraction is that there will be no respect to the Public Debt Management Act. There will be no centralised recording of Public Debt and that is multiple contracting of debt in this country.
The second issue is the recording of figures. As Hon. Sibanda correctly pointed out that in the 2018 budget, there were three sets of documents produced by the Ministry of Finance on the same day. There was the Budget Statement itself the main statements read out by the Minister which claimed that our public debt, sovereign debt was US$17 billion consisting of a domestic debt of around US$11 billion and sovereign external debt of around US$7 billion.
We had two Blue Books and up to now Hon. Speaker, we have not obtained a satisfactory explanation from the Minister of Finance why two Blue Books were issued for the 2019 budget. One Blue Book had a debt of US$9.6 billion and another blue book had a debt of US$9.4 billion. In fact, one budget statement had three separate figures of public debt US$17 billion, US$9.6 and US$9.4 billion.
So, our recommendation is that the Public Debt Management
Office must have a statutory mandate. In other words, the Public Debt
Management Office should not be set as a department of the Ministry of Finance like Zimstart. It must have a semi autonomous existence outside the Ministry of Finance so that there is legitimacy and credibility to our Public Debt figures. This office must also record all public guarantees issued by the State. In other words, anything that imposes direct or contingent liability on the State must be housed and quarantined in the Public Debt Management Office which should be located as a semiautonomous office outside the Ministry of Finance and we gave the example in our report of the Zimstart which we set up in terms of the Statistics Act of Zimbabwe.
The reason why we did that was that we did not want inflation figures to be influenced by the Minister of Finance. Equally, we also do not want our debt figures to be influenced by the Executive, the Ministry of Finance and so that is our key recommendation. The third issue on debt and this is where I want to thank Hon. Mliswa who also happens to be my father in law and I want to thank him for the point he raised that Section 327 of the Constitution of Zimbabwe says any agreement contracted by the President or on behalf of the President which imposes fiscal obligations on the Republic of Zimbabwe must be approved by Parliament before it becomes alive. Before that agreement is consummated, it must be approved by Parliament but since 2014, we have been contracting public debt, particularly the huge debt that has been contracted by the African Import and Export Bank but Parliament has not been told.
So the report makes strong recommendations that the Minister must present to this august House all the debt that has been contracted and seek condonation in terms of Section 327 but in future, all public debt, all agreements that impose fiscals obligations on the State must be brought to this august House before they are signed in consistent with the Constitution of Zimbabwe.
The fourth thing on public debt is non compliance with the Public
Debt Management Act. It puts a ceiling, a borrowing cap of 70% of GDP. We make the report and the observation in our report that although our GDP has been rebased, which retrospectively can make our figures look good, the fact of the matter is that when public debt was contracted in the years of 2014 to 2018 before rebasement, there was no compliance with the Public Debt Management Act in that the 70% cap was breached.
We were also concerned about non-compliance with Section 11 of the Public Debt Management Act. The Section says that before any public debt is contracted the Ministry of Finance must satisfy through a process of due diligence the following factors:
- is this debt in the public interest when we are borrowing;
- is this debt consistent with the macro-economic policies of the country;
- is the State able to repay its bebt?
In our analysis of the report, we found that there has been no compliance with Section 11 of the Public Debt Management Act. We found that there has been no due diligence that is envisaged by Section 11 and part of the problem is the fact that everyone is contracting debt, the Reserve etc, and not the Ministry of Finance. That is why we make the strong recommendation that there should only be one debt contracting office in the country. Here we are talking of external sovereign debt. If anyone wants money from China, Russia and Washington, he must go through the Ministry of Finance, because it is the one that can do the due diligence.
The fourth issue which we raised is the RBZ - there are two things that we raised in that report about the RBZ. The first one is the overdraft facility that the Ministry of Finance has been running with the Reserve Bank since 2014. Section 13 of the RBZ is very clear. Government cannot borrow more than 20% of its previous year’s revenue, but we found out that since 2015, the Central Bank has been exceeding when it borrows. It has been exceeding this 70%. The real fundamental issue that we raise in the report is why the Ministry of Finance, the fiscas borrows from a Reserve Bank and one that we know is actually broke and we are very pleased that the Minister of Finance in his 2019 budget said that will stop.
I hope it has not happened in 2019 and we do not know. That is the first issue that the Reserve Bank overdraft Section 13 must be revisited so that that cap is removed and the bank does not lend to Central Government. The second issue which we raised is the debt contraction by the Central Bank. The Central Bank is contracting debt. We are in the process of concluding a second report on the RBZ and its debt is over US$8 billion. So, it is imposing fiscal obligations to the Ministry of
Finance but it does not have the same oversights that are in the Public
Debt Management Act. Our submission in the report is that the Reserve Bank should stop contracting public debt. If it were to do so, it must be covered by the Public Debt Management Act and must do so through the Ministry of Finance.
In conclusion, we found that there is a culture of indifference, lackadaisicalness and of laxity in the management of accounts. As other Hon. Members have said, the Ministry of Finance had 57 qualifications, more than any other appropriation account, and that is not acceptable.
The Ministry of Finance is also an oversight Ministry, it looks after the health and hygiene and governance of all the other Ministries. So if the enforcer is limping then you cannot expect the other bodies to be okay, that is why we urge on the Minister of Finance to take our report very seriously and to ensure that the issues that we have raised are addressed very much. I therefore move that this House adopts the motion that:
This House adopts the motion on the Report of the Portfolio
Committee on Public Accounts on compliance issues for the Ministry of
Finance and Economic Development
Motion adopted.
On the motion of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. M. NCUBE), the House
adjourned at Twenty Two minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 27th June, 2019
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. SPEAKER
HOSPITALISATION OF HON. SENATOR MATHUTHU
THE HON. SPEAKER: I have the following announcement; let
me start by Hon. Senator Mathuthu to report that I think if all goes on well the doctors say he will be released tomorrow from hospital.
BURIAL OF HON. GUMBWANDA
THE HON. SPEAKER: The second announcement is that Hon. Members are advised that the burial of the late Hon. Gumbwanda will be on Saturday 29th June 2019 at his rural home in Muzvidzwa Village under Chief Bota in Zaka. A church service will be held at Nyaradzo Funeral Parlour tomorrow 28th June 2019 at 11o’clock in the morning.
The parlour is at Hebert Chitepo Street here in Harare – [HON.
SIKHALA: Inaudible interjection] –
Hon. Sikhala, I think we need to respect the dead and I ask you to withdraw that statement.
HON. SIKHALA: I withdraw my statement Mr. Speaker.
THE HON. SPEAKER: Hon. Phuti was supposed to have moved a motion, I think yesterday on the passing on of Hon. Mguni. If a Member is not ready, normally you give another Member to do it on your behalf. It will be very unwieldy that we start debating the latter death than the one that took place before. Hon. Sithole from
Matebeleland South, can you immediately see the Clerk of Parliament in his office so that we can table it here as well, otherwise it will be very un-procedural.
The Minister of Justice, Legal and Parliamentary Affairs having approached the Chair.
Order, order. The Leader of Government Business has drawn to my attention actually that it was done orally and transcribed to the Order Paper under item number 7. So it is there page 1 505. The Hon. Member from Mashonaland South, Hon. Major Gen. Sithole, will move the motion for debate.
HON. BITI: On a point of privilege, Hon. Speaker Sir. Hon. Speaker you undertook to provide a ruling on the issue of the nontabling of the NSSA Forensic Audit Report by the esteemed Minister of
Public Service, Labour and Social Welfare, Hon. Sekai Nzenza today.
So we are asking, Hon. Speaker, that you make your ruling.
THE HON. SPEAKER: I thought Hon. Biti would be prophetic enough to know that the ruling is ready. I am going to do it. Thank you.
TABLING OF REPORTS
REPORTS OF THE AUDITOR GENERAL FOR THE YEAR ENDED
DECEMBER 31, 2018
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I move on behalf of the Minister of Finance and Economic
Development. Mr. Speaker Sir, in terms of section 12 (1) of the Audit
Office Act, Chapter 22:18, I lay upon the table the Reports of the Auditor General for the year ended December 31, 2018 being:
- Narrative Report on appropriation accounts, finance accounts, revenue statements and fund accounts.
- Narrative Report on State Enterprise and Parastatals and
- Narrative Report on Local Government Authorities.
I thank you, Mr. Speaker Sir.
HON. T. MLISWA: On a point of privilege, Mr. Speaker Sir.
THE HON. SPEAKER: Another point of privilege?
HON. T. MLISWA: It is only two minutes Mr. Speaker; as per your recommendations, it will not be more than two minutes.
THE HON. SPEAKER: Which recommendation?
HON. T. MLISWA: You said that people be given two minutes. So, there are a number of issues of which some of them have been overtaken by events which I wanted to then raise on a point of privilege, but some are still outstanding. I do not know if I can be given a chance within two minutes.
THE HON. SPEAKER: You know you raise a point of privilege
– one only.
HON. T. MLISWA: I thought in two minutes I can actually raise a few.
THE HON. SPEAKER: No, please do the one you think is very
critical.
HON. T. MLISWA: Mr. Speaker Sir, I rise on a point of privilege, privilege 69 read together with 68 (d) of our Standing Orders Rules. Mr. Speaker Sir, section 282 of the Constitution, subsection 1(c) and 1(e) talk about the role of the traditional leaders. Subsection 1 (c) talks about their involvement in the development of their communities and subsection 1 (e) talks about them being involved in any disputes that might arise in the community. In this regard, I refer to the Chinese ways of doing things in the country in that they absolutely have no respect for the laws of this country. They beat up a traditional chief in the Norton constituency, Chief Chivero, because he had gone there to solve a dispute of people not being taken care of in terms of the labour. They were violating the Labour Act.
The STI/STD prevalence in Norton has escalated. In fact, not only that, Mr. Speaker Sir, the STI/STD, which are being infected to our Zimbabwean women are coming from China and the doctors are saying cannot be treated here.
Secondly, there is the aspect of corruption again, which is happening there. The Government itself is failing to ensure that the Chinese adhere to the rules of this country. They seem to be more superior to Zimbabweans, they break the law. Even the Parliament Building which they are building right now, the workers are being exploited. It is important therefore from a national point of view to review our relationship with the Chinese, whether they are for us or against us. Unfortunately we are looking East, but there is nothing that has come from the East since we started looking East. So, it is important that there is a review.
Personally, myself as a Member of Parliament, I was actually kidnapped yesterday when I had gone to meet the Ambassador of China who had come to the constituency. They blocked by car in front and behind, yet I was going to meet the Chinese Ambassador who had visited the factory and I represent the people.
So they have no respect for our human dignity as Zimbabweans in terms of that section 50. Mr. Speaker Sir, even the Parliament building which is being constructed right now, the workers are being exploited. They have no safety wear; labour – they hire and fire willy-nilly. So, from a national point of view Government must review its relationship with China whether it is beneficial to us. The contracts which the Chinese sign in Zimbabwe are constantly inflated which is a burden on tax payer’s money. The corruption is out of this world. A transaction of $200 million is inflated to $250 million. $50 million is something that they cannot even account for. So a review of that relationship with the
Chinese is very important because we now have no face as
Zimbabweans because of the Chinese, to the point where they are going for the Traditional Leaders. The next thing it will be our own President at the end of the day. I thank you Mr. Speaker Sir.
THE HON. SPEAKER: Thank you Hon. Mliswa. Was the
beating of the chief reported to the police?
HON. T. MLISWA: It was reported to the police but the Chinese person actually left the country while the police were looking for him.
He is in China now; he could not even face the courts of this country.
Hon. Nduna having wanted to make a point of privilege
THE HON. SPEAKER: Remember what I said yesterday, we do
not want to abuse the thing. If this trend continues, I will ban points of privilege because we have the Business of the House waiting here. Some of the notices on privilege could come through some motions or question time and matters can be clarified accordingly.
THE HON. SPEAKER’S RULING
PROCEDURE OF TABLING OF FORENSIC REPORTS BY THE
AUDITOR GENERAL
THE HON. SPEAKER: On Wednesday 26, June 2019 in the
National Assembly, Hon. Biti asked the Hon. Minister of Public Service, Labour and Social Welfare, Hon. Dr. Kanhutu Nzenza when she would table the National Social Security Authority Special Forensic Audit
Report. He voiced concern that the time limits defined in Section 11 and 12 of the Audit Act had already expired. The Hon. Speaker reminded the Hon. Minister that she had indicated that she would table the said report in 30 days, and later had said within 14 days. The Hon. Minister then indicated that the Audit Office Act does not provide a time frame within which the report ought to be tabled. The Speaker said that since a question of law had been raised, he would attend to it and make a determination accordingly.
This ruling seeks to resolve the matter of tabling of forensic reports made by the Auditor-General upon request by the responsible Minister.
It will also address the matter of tabling of the Auditor General’s reports in terms of section 12 of the Audit Act.
Reports by the Auditor-General in terms of section 10 of the Act
Section 10 of the Act makes reference to annual reports that are to be made by the Auditor-General. Section 10 reads as follows—
“10 Annual report of Comptroller and Auditor-General
(1) The Comptroller and Auditor-General, after examining the accounts transmitted to him or her in terms of section 35(6) and (7) of the Public Finance Management Act [Chapter 22:19], and the accounts of any public entity, designated corporate body or statutory fund, and after signing a certificate recording the result of his or her examination, shall—
- prepare and submit to the Minister, not later than the 30th of June in each year, a report on the outcome of his or her examination and audit of the accounts referred to him or her in terms of section 6(1); and
- transmit to the appropriate Minister his or her certificate upon his or her examination and audit of such accounts, together with any report which he or she may consider necessary.
(2) The Comptroller and Auditor-General shall set out in his or her annual report—
- if, in his or her opinion, any payment out of public moneys which has been made in terms of the Public
Finance Management Act [Chapter 22:19], to any Minister, Deputy Minister or other member of Parliament is one on which the Comptroller and Auditor-General should report to Parliament, a statement showing the name of the Minister, Deputy Minister or member receiving such payment, the total amount received and the service in respect of which the payment was made;
- any other matters relating to the audit of public accounts which the Comptroller and Auditor-General thinks should be brought to the attention of Parliament.”
The reports envisioned in section 10 are annual audit reports to the Minister or an appropriate Minister, which the Auditor-General has no discretion over. He or she is compelled to submit reports to the Minister or an appropriate Minister within the provided timelines. Reports made in terms of section 10 are then brought to Parliament by the Minister to whom it is submitted and laid before Parliament.
Reports by the Auditor-General in terms of section 11 of the Act
Whereas section 11 of the Act addresses the matter of “Special
Reports”, it reads—
“11 Special reports
(1) If at any time it appears to the Comptroller and Auditor-
General desirable that any matter relating to public moneys or
State property should be drawn to the attention of Public
Accounts Committee without undue delay, he or she shall prepare a special report in relation to such matter and transmit—
- that report to the Minister; and
- if it relates to a public entity, designated corporate body or statutory fund, a copy of that report to the appropriate Minister.
- The Comptroller and Auditor General may make a special report in terms of subsection (1) relating to any matter incidental to the powers and duties of the Comptroller and Auditor-General under this Act or any other enactment.
- If at any time it appears desirable to the Public Accounts Committee that any matter relating to public moneys or State property should be reported upon by the Comptroller and
Auditor-General, the Committee shall direct the Comptroller and Auditor-General to prepare a special report thereon for the transmission to the Committee and—
- to the Minister; and
- if it relates to a public entity, designated corporate body or statutory fund, to the appropriate Minister.”
There are, therefore, two instances within which the Public
Accounts Committee may receive a special report, these are —
- At the instance of the Auditor-General in matters relating to public moneys or State property; and
- At the instance of the Public Accounts Committee where it directs the Auditor-General to prepare a report on any matter relating to public moneys or State property.
Special Audits at the instance of Government in terms of section
309(2)(b) of the Constitution
At the instance of Government/Minister the Auditor-General can be requested to carry out a special audit of the accounts of any statutory body or government-controlled entity in matters relating to public moneys or State property; and submit such reports to the relevant Minister. This is done in terms of section 309(2)(b) of the Constitution which states that, “The function of the Auditor-General- is to- at the request of the Government, carry out special audits of the accounts of any statutory body or government controlled entity.”
Further, the Public Entities Corporate Governance Act in section 40 states that:
- If a line Minister considers it necessary or desirable to do so, the line Minister may by notice in the Gazette direct that a special investigation be conducted into such matters concerning the operations, dealings, affairs, membership, assets or liabilities of a public entity for which he or she is the responsible Minister, as may be specified in the notice.
- A special investigation may take the form, or be inclusive of, a special or forensic audit of the public entity in question.
The requesting Ministry or entity must state the specific issues to be covered by the forensic audit in the terms of reference. It can, thus, be inferred that Forensic Reports may be deemed Special Reports in instances where they are instigated by the Minister in terms of section
309(2)(b) of the Constitution as read together with section 40 of the Public Entities Corporate Governance Act.
Are Forensic Reports Special Reports
Definition and purpose of forensic audits
The Constitution and the Act do not define Forensic Audit. “A forensic audit is an examination and evaluation of a firm's or individual's financial information for use as evidence in court. A forensic audit can be conducted in order to prosecute a party for fraud, embezzlement or other financial claims.”1 According to the Certified
Information Systems Auditor (CISA) definition, “forensic auditing is a type of audit specialised in discovering, disclosing and following up on frauds and crimes”. The primary purpose of a forensic audit is to develop evidence for review by law enforcement agents and the judiciary. Whereas an “audit” is defined in section 2 of the Public Accounts and Auditors Act as “the verification or certification of financial statements, financial transactions, books, accounts or records.”
The primary difference between financial and forensic audits lies in the purpose of the audit. A financial audit confirms the validity of a company’s financial records, providing investors and creditors with confidence in the financial information. Forensic auditing uses accounting and auditing knowledge skills to establish fraud, corruption and other improprieties. A forensic report has legal consequences and can be used in courts to help resolve disputes. Forensic audits relate directly to an issue defined by the audit client. A forensic audit is requested by a client wherever the entity’s finances present a legal concern emanating from the financial audit report highlighting possibilities of financial improprieties or fraud. The Auditor’s report must meet the standards for presentation in court.
Procedure for laying forensic reports before Parliament
Reports made in term of section 309(2)(b) of the Constitution and section 40 of the Public Entities Corporate Governance Act do not have a set out procedure for laying before Parliament. The Constitution refers to the audit as a “special audit” and it follows that the reports produced by the Auditor General shall be regarded as “special reports”. These “special reports” are not the “special reports” referred to in section 11 of the Audit Act, the difference being that they are made at the instance of the Minister. The procedure set out in Section 12 of the Audit Act relates to section 10 (annual reports) and section 11(special reports) reports. For the avoidance of doubt, section 12 states that―
“(1) Any report transmitted in terms of section 10 or 11—
- to the Minister; or
- to an appropriate Minister; shall be laid by the Minister or appropriate Minister, as the case may be, before the House of Assembly on one of the seven days on which the House of Assembly sits next after he or she has received such report.
(2) Where the Minister or appropriate Minister fails to lay any report before the House of Assembly in terms of subsection (1) within the period specified therein, the Comptroller and AuditorGeneral shall transmit a copy of such report to the Speaker of the
House of Assembly for the Speaker to lay it before the House of Assembly.”.
Unfortunately, section 12 of the Act cannot be extended to cover forensic reports emanating from section 309(2)(b) of the Constitution and section 40 of the Public Entities Corporate Act. There is a lacuna in the law because the Audit Act came into effect before the enactment of the Constitution and is yet to be aligned to the Constitution.
The procedure to be followed by a Minister or Authority after receiving a forensic report is laid out in section 40 and 41 of the Public Entities Corporate Governance Act. The report of the investigation is submitted to the line Ministry stating any action to be taken to remedy the situation and problems that prompted the request for the forensic report. If there are any violations of principles of good corporate governance, the line Minister shall report to the Minister responsible for the Act and seek leave of the President to refer the matter to Cabinet. Therefore, the Public Entities Corporate Governance Act has procedures that must be followed before the report is laid before Parliament.
Reporting to Parliament
All reports produced by the Auditor-General, including the forensic reports transmitted to the Minister or responsible Minister, must be laid before Parliament. For the other reports made in terms of section 10 and 11, the procedure is set in Section 12 of the Audit Act as stated above. As reiterated earlier, there is no procedure for laying the reports before Parliament where reports are submitted to Ministers in terms of section 309(2)(b) of the Constitution and section 40(2) of the Public Entities Corporate Governance Act. In terms of procedure of their submission, we cannot rely on the Audit Act because it is not providing for the procedure as it came into effect way before the Constitution was enacted. However, the reports must be submitted to Parliament within a reasonable time.
It is my determination that regardless of the fact that there is no procedure laid out for audits done in terms of section 309(2)(b) of the Constitution, the actions of the Minister receiving such a report must be consistent with founding values and principles of the Constitution enshrined in section 3(2)(g) that require all state institutions and agencies of government at every level to apply the principles of good governance relating to transparency, justice, accountability and responsiveness. Section 119(3) of the Constitution states that all institutions and agencies of the State and Government are accountable to Parliament. Furthermore, sections 298 and 299 of the Constitution, provide, inter alia, that there must be transparency and accountability in public financial matters. Parliament must monitor and oversee expenditure by the State and all Commissions and institutions and agencies of government at every level in order to ensure that all revenue is accounted for and all expenditure has been properly incurred.
The Hon. Minister must be guided by section 324 of the Constitution which states that “all constitutional obligations must be performed diligently and without delay”.
Accordingly, the Chair hereby rules that:
- Section 12 of the Audit Act does not apply to forensic reports submitted to a line Minister as there is no procedure for laying forensic reports before Parliament where reports are submitted to Ministers in terms of section 309(2)(b) of the Constitution and section 40(2) of the Public Entities Corporate Governance Act.
- All reports produced by the Auditor-General, including forensic reports transmitted to the Minister or responsible Minister must be laid before Parliament within a reasonable time. In doing so, the Hon Minister must be guided by section 324 of the Constitution which states that “all constitutional obligations must be performed diligently and without delay”.
- It is on record that the Hon. Minister made an undertaking to lay before the House the NSSA Forensic Report within a period of 30 days and later reduced the period to 14 days. Which period has not been realised due to circumstances beyond the Minister’s control because the Ministry is compelled to do due diligence in complying with the recommendations of the Forensic Audit Report. However, because the Minister had made an undertaking to table the said forensic report, she has an obligation to do so in fulfillment of her promise. Consequently, the Minister is directed within the next 2 weeks, to finalise her due diligence regarding the report and advise Parliament on the date she will table the report. Which period must be within a reasonable time in terms of the letter and spirit of Sections 298, 299, 309(2) and 324 of the
National Constitution. That ends my– [HON. MEMBERS: Hear, hear.]
–
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. We acknowledge your ruling which was very fair and which also tackled some of the grey areas and misinterpretations that we all had. I will duly inform the Minister. Unfortunately what happened that time is that, in haste, she agreed to a date before following the due process of ensuring that the Report was tabled. So, we accept your Ruling and will, accordingly advise Parliament when the processes are carried out – [HON. ZWIZWAI: Inaudible interjection.] –
THE HON. SPEAKER: You do not do that Hon. Zwizwai, with
all due respect.
Hon. Sikhala having stood up on a point of Privilege.
THE HON. SPEAKER: No, I said no points of Privilege, I told Hon. Nduna – [HON. MEMBERS: Inaudible interjections] – I must be consistent. Order, if you want clarity read the Hansard tomorrow – [Laughter.] – [HON. SIKHALA: It is a point of order.] – No.
MOTION
REPORT OF THE ZIMBABWE ELECTORAL COMMISSION ON
2018 HARMONISED ELECTIONS
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I move the motion standing in my name:-
That this House Takes note of the Report of the Zimbabwe Electoral Commission on the 2018 Harmonised Elections presented to this National Assembly in terms of Section 241 of the Constitution of Zimbabwe. I so submit Mr. Speaker Sir.
Hon. Members having been talking to each other.
THE HON. SPEAKER: Members on my left, can you be
attentive.
Hon. Mliswa having been speaking without being given the floor.
THE HON. SPEAKER: Order. Can we learn decorum; we have gone through so many workshops. If a Member wants to speak, you simply stand up and I recognise you.
HON. T. MLISWA: Mr. Speaker Sir, I think moving forward, it is important to ensure that we all receive these reports. Others are showing that they have the reports, the report is not there. This is not the first time, it always happens, so I am saying that we are suffering from inertia. Some office within your administration is certainly not doing its job – because it is not the first time. He announced it that he was going to table the report, we looked forward to see it, we never got the report. I do not know if anybody has the report – [HON. ZWIZWAI: Even vanhu veZANU havana Report yacho.] –
THE HON. SPEAKER: I am going to rule you out of order.
The Hon. Minister of Justice, Legal and Parliamentary Affairs approached the Chair.
THE HON. SPEAKER: I need to apologise to Hon. Members that the Report was tendered by the Hon. Minister to the Papers’ Office. I think what was remaining was to run copies for distribution. We apologise for that and we will make sure that this does not happen again.
Thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: 2nd July, 2019.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS(HON. ZIYAMBI): I move that
Orders of the Day Number 2 to 6, on today’s Order Paper be stood over until Order Number 7, on today’s Order Paper has been disposed off.
MOTION
CONDOLENCES ON THE DEATH OF HON. OBEDINGWA
MADLALA MGUNI
HON. S. SITHOLE: Thank you Mr. Speaker Sir. I move the motion standing in Mr. Phuti’s name that:
This House expresses its profound sorrow on the sudden and untimely death on Tuesday, 18th June, 2019, of Hon. Member of
Parliament for Mangwe Constituency, Mr. Obedingwa Madlala Mguni;
Places on record its appreciation of the sterling services which the late Member of Parliament rendered to Parliament and the nation; and
Resolves that: its deepest and heartfelt condolences be conveyed to Mrs. Mguni, the entire family, relatives, friends and Mangwe Constituency.
HON. NDUNA: I second.
HON. S. SITHOLE: Thank you Mr. Speaker Sir. With your indulgence, I think you are going to defend me from the other side of the House. Mr. Speaker Sir, I am debating about our Hon. Obedingwa Madlala Mguni, who passed away on Tuesday, 18th June, 2019. He was our Deputy Chief Whip in this Hon. House. The passing on of Hon.
Mguni is a very big loss, not only to this House, but to the Matabeleland South Province and Zimbabwe as a whole. I hope Hon. Members in this
House will agree with me.
Mr. Speaker Sir, may I make a call in this House for Hon. Members not to always fight against each other but instead acknowledge that there are some chronic diseases which are supposed to be included under the Aids levy which are diabetes and cancer.
*HON. ZWIZWAI: On a point of order! When debating about the deceased, we are not supposed to read but to know his biography. This should be off the cuff; if you do not know the deceased, do not talk about him. You did not even attend the funeral, we attended the funeral and we heard that he was a Pastor.
So, my point of order is that a person should not read about a person that they do not know. He does not even know the mover of the motion and wants to just debate something he does not know.
THE TEMPORARY SPEAKER: I hear your point Hon. Member. The Hon. Member who is reading is standing in for the mover of the motion.
*HON. S. SITHOLE: Hon. Mguni and I used to go to the same church. So, I got some words from my Church, Guta Ramwari which I need to read to the Hon. House.
The words from the letter – ‘as the Guta Ramwari Church, we would like to thank the Government for honouring Obedingwa Mguni and according him the Liberation War Hero Status. This demonstrates that Hon. Mguni was a committed man. The church appreciates the Hon. Speaker and all Members of the august House for the love that you showed to the Mguni family during the period of bereavement and during his burial.
Hon. Mguni leaves a legacy, a responsibility to every Member of this House to unite. Do not denigrate each other in the august House which was chosen by God. May you work together; if there is a problem, just tell it to God. We implore you Hon. Members as the Guta
Ramwari Church to unite. The late Obedingwa Mguni was the National Chairperson of the Guta Ramwari Church. Everything that was happening in this august House was because of God’s grace upon the
late member, even at his own church he was a unifier, a peacemaker. He had the responsibility of uniting and not dividing people’.
As Hon. Members we need to learn from his life, understand that he is gone and that it is God’s will, forever and ever. I thank you.
HON. NDUNA: Mr. Speaker Sir, it is hardly a fortnight that we were here debating about the death of Hon. Tsvangirai-Java and today we are here back again on this same platform debating about a death of one of our own, Deputy Chief Whip Hon. Obedingwa Mguni. It is quite a sad moment and certainly, it leaves a lot of hearts, including mine in a state of despair. The issue of death is quite an unwelcome event. It is an event which is shocking and if it comes in the manner that has visited
Parliament in the recent past, it is really shocking and it calls for all Hon. Members, may be with your indulgence Mr. Speaker Sir, to undergo psycho-social support because this is heart – rending and this really has actually removed our confidence in our day to day operations here in
Parliament.
Aware Mr. Speaker Sir, that this is where we call home – this is where we work. When we talk of the Constitution; this is where we deal with our legislative oversight work interrogating the manner the Executive carries out its mandate and the representative role. It is here that we come to. I spoke on the day that I debated about Hon.
Tsvangirai-Java that this is our theatre of dreams and what happens here affects all of us, especially when it comes to life...
HON. T. MLISWA: On a point of order. My spirit is failing me to understand where the other members are when we are paying tribute to one of us who passed on. I am finding it very difficult to understand why others are not here. I am just looking at how empty this House is. Even if the family sees this, they would ask if we are really serious. May be Chief Whips can bring people back so that we pay tribute to this great Hon. Member. Words alone do not matter. Action is important – to just sit and pay tribute. Tomorrow it is you and me. Why can we not have such a heart?
THE TEMPORARY SPEAKER (HON. MUTOMBA): Hon.
Mliswa, it is incumbent upon us Hon. Members. This is a very painful motion that we are debating. I am quite concerned that a lot of noise is being made whilst we are debating such a painful motion. Really, it does not go well for the integrity of this House and for other members to leave this House willy-nilly. I do not think it is humane. May you have the floor Hon. Nduna?
HON. NDUNA: I am inclined to agree with your ruling Mr. Speaker Sir. It is on Tuesday that Hon. Phuti wanted to move this motion but with your guidance, you said it is prudent that we move the motion on Thursday when everybody is here and where they can contribute effectively and optimally, in numbers, so that it is known and it is very clear that we are in unison with each other from diverse political aspirations and all protagonists.
I dwelt on the point that we need psycho-social support. We need some counselling of some sort because we cannot have death visit Parliament this often. Three deaths in three months – that is heart rending. Aware that there are only 270 of us here – this is the time when God needs to introspect. When we have been born into this nation, what is left for us is to die but this is unexpected and shocking. It is hitting us like a nightmare in three dimensions. It is quite unwelcome. This is why it would be prudent for people out there to adhere to what is enshrined in the Bible where it says people need to pray for the nation and also to pray for their leaders. Maybe this is the time; with the mandate that is bestowed upon us; it is not the time to be dying. It is time to be delivering on our mandate. What has happened here in Parliament is quite heart-rending to say the least.
I ask, without putting it into prayer, that the Lord Almighty protects us during our time of delivery, which is just five years. We are not wishing any death that has occurred here in Parliament to any family out there Mr. Speaker Sir, I am quite alive to the fact that the Almighty is the one that has created Hon. Members that are here and he is the one who can make you live or make die.
Aware that the Bible also says that man is appointed to live three score and ten. Three score is 60 and 10 is ten and it makes it 70. If you look at Hon. Mguni’s age and those that have gone before him, they were all less than 70 years. One wonders and says is there abdication of the ultimate Constitution which is the Bible by the Maker. I would want this little period of five years that at least we live through that five years so that we can carry out our God given mandate. My heartfelt condolences go to the family of Hon. Obedingwa Mguni, his Constituency and his church Guta RaMwari Zvimiso, where he was an Elder.
Certainly, when we speak of constituencies, it is delimitated to own 50 000 electorate. It is not only us as Parliament that have been visited by this acrimonious event but it is also his Constituency that numbers nothing less than 50 000 people, in particular, more than 20
000 voting population. My heartfelt condolences also go to that
Constituency of Mangwe.
When we come into this House, we come with a lot of burden on our shoulders. It is only prudent that as we make laws, we also make laws that protect us. I stood the other time on that pedestal and platform and spoke so eloquently and so much about road carnage. It touches me and I am quite sure that a lot of other members here know that if you die through road carnage, it is a violent death.
I speak today standing on this pedestal about death due to other ailments that have visited us, such as the one that has taken Hon. Mguni to his Maker – the one of sugar diabetes. It is a silent killer and my friend in my Constituency – Mudhara Ten or Mr. Wunganai; just this last week, he had his second leg amputated. The other one was amputated about two months ago. Why do I give this example? It is because the issue of sugar diabetes is slowly overtaking the pandemic of HIV and AIDS in terms of taking away our beloved ones. It is on the same vein that the mover of the motion has spoken about something that needs to be introduced in the form of the AIDS levy to alleviate the plight of the people with cancer and those that have this ailment before them, especially sugar diabetes. When I speak about this ailment, I know there are a lot of other ailments, including blood pressure. There is need to put our money where our mouth is. If we do not capacitate the health institutions, there will not be any of us to talk about in a very short period. An example that I gave the last time is the issue of road carnage that five deaths per day, if they visit Parliament and we are 270, in one month and eight days, we will all be dead in this Parliament.
If we do not capacitate, the issue of alleviating the plight of Hon. Members using a levy that goes through to sugar diabetes and these other silent killers, we are not doing ourselves any justice. Sugar diabetes and other ailments like BP start affecting at the age of 40 years and above. When we look at our Constitution, to be a legislator, you need to be 21 years and above. We need to put laws to protect that age of the electorate who are these legislators. Dr. Mataruse and Dr. Moyo are here and if they are given the opportunity, they can give statistics as to exactly how many deaths are occurring because of this sugar diabetes.
Today we stand here mourning one of our own who has been taken by this ailment and I ask that we come together to support the proposal by the Minister of Health. I know his deputy speaks so much eloquently and vociferously about this issue of sugar diabetes. I make a clarion call that all members of this House come together to support that proposal to put in that levy that is not only going to alleviate the plight of the Members of Parliament but also the plight of the unsuspecting innocent citizens of Zimbabwe.
I am alive to the fact that Hon. Obedingwa Mguni is a liberation war hero – [HON. MEMBERS: Inaudible interjections.] – I ask for your protection Mr. Speaker Sir. I have done nothing wrong – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Hon. Members on my left,
order please.
HON. NDUNA: Thank you for your protection Mr. Speaker Sir – [HON. MEMBERS: Inaudible interjections.] – empty vessels! The
Hon. Member of Parliament....
HON. T. KHUMALO: On a point of order. The Hon. Member has just said empty vessels. Can he withdraw that statement because we are not empty vessels?
HON. NDUNA: I withdraw Mr. Speaker. I am alive to the fact that Hon. Obendingwa Mguni was a liberation war hero. He actually went to war and he is the reason why women today are not called minors. Women were called minors before independence and the girl child had no right whatsoever. I am glad people like Hon. Mguni went to war in order to liberate, not only us, but also to uphold and to make sure that women are now who they are today. He is the reason why Zimbabwe got a one man one vote.
My point exactly speaks to honouring our heroes before they die if they are still alive. I ask that before we honour our heroes whilst they are alive, we also spruce up the shrines of those that have passed on and those that are late, both in Zimbabwe and outside our borders. Many times , I have come here and I have asked for honouring our heroes according to Section 3 of the Constitution which honours the liberators and observe that Zimbabwe will never have come of age if we would not have heard the war of umvukela.
Therefore, my proposal is that names of streets that are called by those colonisers and those that fought against us in the war of liberation be repealed and be called by the names of those that went to war for the liberation of this country, including the fallen and those that are living. I also call for the upgrading of our local Parliamentary health institutions. I am alive to the fact that before Hon. Mguni went further to a point of primary health care, he came from Parliament but if this clinic that we have here was capacitated in a trauma centre way, we might not have lost him. It is my thinking that we have the room but we now need to capacitate the place in order that we do not continue to needlessly go to points of primary health care where we can receive primary health care here in Parliament because we spent much more than eight hours here per day for some of us. I ask that we capacitate our clinic with doctors, medicines and the technocrats.
Mr. Speaker Sir, Hon. Mguni was passionate about the rehabilitation, reconstruction and maintenance of roads in his
Constituency. I ask that this be continued especially – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members.
HON. NDUNA: This programme should be continued so that this does not die with the passing on of Hon. Mguni. Isaiah 6:1 says, ‘I saw heaven when king Hosea died’. Let there be something that we learn from the demise and passing on of Hon. Mguni. Let there be a levy apportioned for sugar diabetes. Let there be capacitation of our local health institutions and let there be sprucing up, of the places that he would have loved to be spruced up in particular the rehabilitation, reconstruction and maintenance of roads in the Mangwe district. I thank you.
HON. MLISWA: Thank you Hon. Speaker for giving me the opportunity to contribute to this motion which was moved by Hon.
Phuti, but in abstentia, Hon. Sithole moved it and was seconded by Hon.
Nduna.
THE TEMPORARY SPEAKER: Order Hon Members, order. It
was only yesterday but I do not enjoy sending anyone outside – unless of course, you are going to force me to do that. I will certainly oblige. Can you go ahead Hon. Mliswa.
HON. T. MLISWA: I sit on this side and I constantly used to have sight of him. For a very long time since his departure he is missed. I actually was affected by his death to a point where the day that he died it was even difficult for me to debate. We have a family group and I even said today I am not feeling well and one of my sisters said, ‘I think it is because of Hon. Mguni who is no more’. He was a man who cut across the political divide on the welfare of his colleague Members of Parliament. I have been in this Parliament from 2013 and I have seen Chief Whips and Deputy Chief Whips towing the party line on many issues but I recall the day we were discussing our welfare here. We had a Joint Caucus in the Government Caucus and he got on top of the table and gave us guidance on what we wanted. He was not there to reprimand us or to say anything but to say your call is my call and I am supporting you.
We have heard of his liberation credentials which some of us now know about but you never thought that he was part of the freedom fighters that liberated this country. I am talking about the word humility or meekness, which means you are not able to show who you are, yet you have done so much. He went beyond the line in representing issues of national importance as they were. Even when he was the Deputy Minister of Home Affairs, he did that with diligence and professionallism. I was part of this House and when he was asked any question he answered it as it was. He gave hope to the people, he was not arrogant as we see with other Members of the Cabinet who never even went to the struggle but are able to show arrogance to this Parliament. He was a man who departed with no record of being corrupt though being in Government. In this time it is unheard of. As Deputy
Minister of Home Affairs you are in control of the Police, Immigration, Registrar General’s Office but at no time did he ever abuse that office in
arresting anybody or in using it for his individual agenda.
His constituency was always served. Hon. Dube here shared something with me while we were sitting there. He said in 2016, they went to his constituency as a group of 16 Members and it was in Mangwe Constituency. He said all of them were accommodated and fed by him as well as given cars to reach their chosen destinations. How many of us here when those of us that you do not know visit your constituency would you accommodate? Sixteen people accommodated! Hon. Dube is a well known MDC Member but that to him did not matter. That is the man that we are talking about today. For me, for the first time I really dropped tears. He was a good man – [HON.
MEMBERS: Hear, hear.] -
What even affects me more is that he worked hard for his constituents and for his family but is the welfare of his family guaranteed? He left with no car that we were supposed to get. I know people think that when we talk about cars, that is what we want but that is the only thing that Members of Parliament have. The country is suffering and people think Hon. Members do not suffer. As at the black market rate we are being paid US$200 a month. We pay school fees in foreign currency and have our own responsibilities. The question that then makes me sad is how his family will sustain themselves when they had a person who served the nation selflessly and went to the struggle selflessly and when Parliament still has not made a decision on other
MPs who have passed on – Hon. Tsvangirai Java and Hon. Gumbwanda. The moment that you take off, whatever is entitled to you must come to you because taking off is not a joke.
The Speaker makes good rulings on a lot of issues but I am yet to see the Speaker giving a good ruling when it comes to matters of welfare for his Hon. Members of Parliament. We are not faring well because of welfare. I am zeroing in on welfare because this is one of the things that Hon. Mguni stood for and colleague MPs here present and those who are not present, if we believe that a man did great things and stood for great things, those things must continue through us. We must ensure that the welfare of Members of Parliament is of paramount importance. We must make sure that Hon. Mguni’s family lives well, but what measures has Parliament put in place to ensure that if an Hon. Member of Parliament is no more his family is alright?
Members of Parliament die destitute. They leave this Parliament and they are destitute. I never see an MP who is given respect out there when they have no other business yet they have been serving the country. We have no access to State coffers where we can also plunder. Others have access to State coffers where they can plunder and be corrupt. We have a situation where the corruption levels in this country have reached alarming levels to a point where it is now sophisticated.
The Bills that we are introducing in this Parliament have been overtaken by the cartels in this country. Hon. Mguni departs from us at a time when we had a man who we believed would stand for our welfare, a man who we knew that amongst many he would be able to say, but the Hon. Members of Parliament need their welfare to be taken care of. Who today sitting on this side, sitting in this Parliament will be able to take the position that he used to take against his own party, especially when others who are Chief Whips have no credentials of being war veterans.
His war veterans credentials made him rise above party politics because when he went to the struggle, he never fought for any party; he fought for the liberation of this country. As such, you could see it in him that when he represented people, it was the ethos that he went to the struggle for. What is important, Mr. Speaker Sir, is to be able to come up with austerity measures that will ensure that Members of
Parliament’s welfare is taken care of. We need a pronouncement from this esteemed institution as to the benefits of Members of Parliament when they are no more, especially the car issue.
I keep on talking about the car because this is the only asset which Members of Parliament have. If I am not mistaken, the party vehicle that he was using goes back to the party, yet this is the very vehicle that was carrying his family to go to funerals, to go to events that he would be called to. So, when the family now has no father who had a party car, what other car are they going to use because the family is not the party. The party in its own right has a right to repossess that vehicle. Just the same way that I had a vehicle from ZANU-PF, the moment that I was expelled, the vehicle was taken away. Political parties have no mercy, they have no heart.
I would like to know whether they have equally given the family that car so that they use it until he gets his car, that is if he is going to get the car. The children that were being taken to school by the car now are on buses, they are on public transport. What do they say about the role that their father played, what do they say about the party that he comes from and what do they say about this Parliament which represents people?
It is in light of that, Mr. Speaker Sir, that in us moving and debating this motion we address those issues so that they do not keep coming up. Mr. Speaker Sir, you are a member of the esteemed
Committee of Parliament which is the Standing Rules and Orders
Committee, which is responsible for the decision making of this Parliament. The Members of that Committee enjoy a certain right which the ordinary Members do not enjoy and as such, it is important that the spirit that Hon. Mguni had of seeing his fellow Members of Parliament’s welfare being taken care of is attended to.
Let me wish his family well in that he played his part. This is a man who leaves a legacy and I hope that those who will be contesting in the primary elections from all political parties in the constituency know that the man that they are replacing was a man of substance. He was a man who stood for the good of the people, who stood for the good of this nation.
Mr. Speaker Sir, you know that I am one who is very outspoken, who is controversial, but you know this man up to this day, it really makes me breakdown because he was a good man. May his soul rest in peace and may his family find comfort in that they had a warrior, a hero for real. It is not every hero who is buried at the Heroes Acre, it is your deeds which define you as a hero.
+HON. R. MPOFU: Thank you Mr. Speaker Sir. I would like to thank the mover of the motion which is a very painful motion raised by Hon. Phuti and seconded by Hon. Nduna.
Mr. Speaker Sir, it is very painful to lose someone who is a hard worker. Firstly, I would like to thank the Government that has declared Hon. Mguni a hero because he was someone who fought for the liberation of the country of Zimbabwe and I would also like to thank the Hon. Members from both sides. May they all be blessed. May all of them be blessed because everyone was crying at Hon. Mguni’s funeral.
We were all crying like children from the same house.
It is painful again because we lost one of our own, Hon.
Tsvangirai-Java. She never used to call me Hon. Rosey, she used to call me my sister and this is less than three weeks and we have lost another Member. Mr. Speaker Sir, my prayer is that if only God can just intervene in this House and look after us. We would like to complete our three years so that we finish the work that we were asked to do by the people who voted us in.
Mr. Speaker Sir, Hon. Mguni was a man amongst men. In Matabeleland South, the whole of Matabeleland South has lost a man who was a peace maker. Short as he was, he would just approach those who would be quarreling. I would feel his heart. He had a very heavy heart. It is not easy to find someone like him. I know at times I am cheeky. Maybe it is because I do not see, Mr. Speaker Sir, but he would come close to me and say, no, you are a human being like all other people, but during debates at times you become very cheeky. He would teach me since I was still new and I did not know what was happening.
We are grieving like everyone else, especially the wife because the wife is now left with the children. At times when a husband passes on the relatives of the deceased come wanting to take away everything from the widow. I pray that the Mguni family will not do that.
On the day of his passing he came to me, he held me by my hand and told me that he was not feeling well and I said to him, but uncle how can you say that you are not well when we have not yet received our vehicles. I thought that he was joking. Little did I know that he was sick. He then said to me all these papers that I am carrying; they are papers for vehicles for all the Members in the House. So, he was saying that you will be receiving your vehicles very soon. This was a man who did not discriminate at all and we pray that if we find someone, who is as good as Hon. Mguni and they should follow his footsteps. They should love and respect all of us. I am very sorry for the people of Matabeleland South. They have lost a gallant man.
I remember one day I was so low in Parliament. The women’s quota had no vehicles; men got vehicles first. I was with Hon. Alice Ndlovu then - she is here. I am sorry Mr. Speaker Sir. One day it was at night and others were just leaving us by the road side but the short man came and stopped; he asked why we were standing there and we told him that men have got vehicles and are leaving us behind. He then gave us a lift. When we wanted to give him coupons as payment, he refused to accept. He said God was going to bless him. This makes me wonder and I am always asking myself – I know there are people who love me here in this Parliament. I know we can differ in some instances but everyone is my relative. We might differ, yes, but we are all one people
I would like to urge other Hon. Members that we should love each other just like what Hon. Mguni used to do because we do not know what is going to happen next; only God knows. Hon. Mguni has gone, may be tomorrow it is me or it could be you. We are children from the same house.
I would like to thank Members from the opposition for not taking sides. They know death is death and they were there in their numbers. I would also like to thank the people from the ruling party who were also there in numbers, consoling each other. I would also like to thank the Speaker of the National Assembly. It he was at Hon. Tsvangirai-Java’s funeral as well. I heard him speaking and I was listening on television and I knew this is a good man; a father who does not discriminate. Mr.
Speaker Sir, I do not have much to say.
I would like to say Hon. Mguni, rest in peace. May you remember us and also through the spirit, may the issue of our vehicles and our welfare be dealt with. It is difficult since people have no money. I implore that it now as if our Parliament and our Government could only try to remember the Members of Parliament who are working for the people in the constituencies. I just want to say ‘rest in peace my uncle; rest in peace my Madhlala’. You have united us through love and all those in hospital, Senator Mathuthu and others, may they also get well in the name of Jesus Christ. Amen.
HON. SIKHALA: Thank you Mr. Speaker Sir. I also rise to pay tribute over the sad loss of one of our own Members, Hon. Mguni who passed away last week. Mr. Speaker Sir, 31st July, 2019 will mark the first anniversary of the Nineth Parliament of Zimbabwe. That will be the first anniversary for the sitting of this Parliament. If you will check, within one year to concur with the submissions that have been made by
Hon. Nduna in this House, we have lost so far four Hon. Members of Parliament.
Firstly, we lost Hon. Member of Parliament for Lupane
Constituency, Hon. Gumbo, followed by the sad loss of Hon. Vimbayi Tsvangirai-Java, last week followed by the death of Hon. Mguni and yesterday we lost again our other Hon. Member of Parliament. Mr. Speaker, it is very sad that the Nineth Parliament seems to have been visited by this tragedy. I totally agree with Hon. Nduna that we need to pray to God so that legislators who have been elected here will be able to execute their duties as per their mandate and also be able to finish their terms of office. There is nothing that is as difficult to accept as death. Rufu rwuno rwadza, rwuno rema kurwutambira, no matter how strong you are.
Mr. Speaker Sir, there is only one important trend and development that I have noticed in this House that is changing the politics of our country on the outside world. I have seen exceptional solidarity among Members of Parliament during the period of bereavement. In Lupane, after the passing on of Hon. Gumbo, Members of Parliament from across the political divide went to go and mourn the death of their own. On Hon. Vimbayi Tsvangirai-Java, we witnessed and also saw Members of Parliament across the political divide thronging City Sports Centre to go and pay their last respect, including the Speaker of this House was also present. I was there in Plumtree last week. You would witness that the man who was being mourned on the day in question was exceptional. Almost 70% Members from this side were present. Unfortunately, the reality and the truth is that Members from the other side where the Hon. Member belonged to, we only witnessed about 15 or so Members of Parliament including the Leader of the House – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER (HON. MUTOMBA): Order,
order! Hon. Members, less noise in the House.
HON. SIKHALA: Even when the debate for passing condolence messages on this iconic Member of Parliament started in this House, we saw Members from the same side walking out. You could see their benches are all empty and you can compare with this other side Mr. Speaker, this is empirical evidence that there are other people who do not respect the death of other people. I can mention mention the
Members of Parliament from the political party that the late Hon. Mguni belonged to who attended the funeral, whom I saw there. Hon. Nduna was there, the Hon. Member seated next to Hon. Nduna was there, Hon.
Mudarikwa was there; Hon. Ziyambi Ziyambi was there but the Acting
Chief Whip was not there – [Laughter] –
And Hon. Chinotimba was there. So, I want to urge Members of Parliament that death will visit all of us. As Members of Parliament from this side, why we went to mourn Hon. Mguni was for us to reciprocate the attendance of Members of Parliament from this other side we saw on the death of Hon. Vimbayi Tsvangirai-Java. If they could not have come, we could not have gone there as well. So, we were reciprocating good things and these people who are not able to mourn one of their own must learn from today that kufirwa kuchauyawo kwenyu. For example, we are not going to Zaka because we did not see him at Hon. Mguni’s funeral. You only mourn those who mourn with you. Mr. Speaker Sir, Hon. Mavetera was there at Hon. Tsvangirai-
Java’s funeral. Hon. Chombo was there and they were in the company of this Hon. Member seated next to Hon. Nduna, we saw them. Hon.
Chinotimba came and we also saw him in Plumtree and that defines ubuntu when you know that if one is bereaved, you have to go kunobata maoko and that is part and parcel of our African culture. So, I urge Hon. Members here Mr. Speaker Sir, that if one of us passes on, we must all be able to bereave among ourselves.
Secondly Mr. Speaker Sir, I learnt a lot on the passing on of Hon. Mguni. The first one being that, many people look flamboyant when they are moving in the streets as Members of Parliament. You would think that these people are high flyers but during the period of their death, when you visit their homesteads, we saw it during the period of the death of Hon. Chenjerai Hunzvi. He had a house that looked like a pigsty where the coffin was taken into. When we went to Plumtree Mr.
Speaker Sir, we saw an example of a homestead of an organised man. We must not look flamboyant in Harare but when we now go to our villages, we live in pigsties, in kraals and in cattle pens. So, I urge all Members of Parliament that vakai kumisha, patinokuvigaiwo, tione zvinodadisa sezvatakaona kwava Mguni – [HON. MEMBERS:
Inaudible interjections.] –
THE TEMPORARY SPEAKER: Less noise Hon. Members.
HON. SIKHALA: Mr. Speaker Sir, the third thing is that, I was with Hon. Mguni in two Parliamentary Portfolio Committees that I serve in this Parliament. One was that of Defence, Home Affairs and Security Services. Secondly, I served with him in the Committee of Justice,
Legal and Parliamentary Affairs. As the Committee on Defence, Home Affairs and Security Services, Mr. Speaker Sir, we had an outreach programme two months ago for us to visit the entire ten provincial provinces of Zimbabwe enquiring about the issues of birth certificates.
Hon. Mguni became my friend at that material time.
When we were travelling because of his good heart and we had finished Manicaland and Masvingo Provinces and we were getting to Matabeleland, he took us and said Hon. Members, today from breakfast until dinner, I am going to take care of you. He took us to one of some very fantastic shopping malls that has been built by one of our own Members of Parliament here, the Hon. Member for Insiza, Farai
Taruvinga, that one seated at the door there. When he took us there, Hon. Farai wanted to give us everything from food, drinks, whisk and everything but Hon. Mguni said no, it is a business, I will pay for everything. We were taken care of and Hon. Member Major Gen.
Sithole (Rtd) was there. We were taken care of at Hon. Farai’s place by Hon. Mguni. He refused all of us to pay a single dime and he paid a bill of more than RTGS$4 000. That was the man we are talking about. During the period and process of travelling together, we also became friends and started to interact – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Can we have less noise Hon.
Members.
HON. SIKHALA: Mr. Speaker Sir, I had the opportunity to interact with him and I asked him to say, Hon. Mguni, who are you? He said, I was a member of the ex-ZIPRA forces. I fought during the liberation struggle and I was one of the high ranking military cadres in the ZIPRA high command.
HON. SITHOLE: On a point of order Mr. Speaker. The Hon. Member is debating a very painful motion but people are always making noise. So, this is not good Hon. Speaker Sir. We think that you are supposed to use your authority because this debate is a very painful debate. Thank you Mr. Speaker – [HON. MEMBERS: Inaudible
interjections.] –
THE TEMPORARY SPEAKER: Thank you. Order Hon.
Members and this is what I said earlier on that with the noise that you are making in this House while we are debating such a sorrowful and painful motion, I really do not know where you are getting the guts to make such noises. How are you going to contribute and to debate if you are making such noises? Please, can we respect this motion because it is a painful motion? Thank you.
HON. SIKHALA: Mr. Speaker Sir, it will be unfair if I will sit down without sharing with the House what our discussion by Hon.
Mguni was all about. He told me that after having served as one of the top military personnel for the ZIPRA forces, during the period of Gukurahundi, he escaped death by a whisker from the 5th Brigade and escaped via Botswana into South Africa where he lived from 1981 until he was convinced to come back to Zimbabwe by Ambassador Sen. S. K.
Moyo when he was Ambassador in South Africa.
This is a man who fought the liberation struggle for our country, who also went through a torrential period of torture and torment from the same people whom he liberated. He worked in South Africa and told me that he ended up being one of the top South Africa Revenue Authority officials to become an Executive Director. He left and abandoned his own motherland because of his own political beliefs but he forgave everything and came back after having been convinced by Sen. Ambassador S. K. Moyo to come and settle back in his country.
One lesson is that we should never torment each other because of different political opinions, because this country belongs to all of us. It is a painful episode where one of us who pass - had it not that he passed away, some of these things could not have been said. Even if you could have seen his mindset, the way he interacted even with opposition legislators, you could see that this man wants reconciliation in this country. He wanted the unity of all Zimbabweans – [AN HON.
MEMBER: Inaudible interjection]- not what that old woman is saying.
– [HON. MEMBERS: Inaudible interjections] –
THE TEMPORARY SPEAKER: Order Hon. Members.
HON. SIKHALA: Mr. Speaker Sir, let me conclude by saying we all remember when he was Deputy Minister of Home Affairs in this country after he had been appointed by the former President Robert Gabriel Mugabe. Let me admit that for the first time, the best appointment the former President Mugabe did during his reign was the appointment of Hon. O. Mguni to become Deputy Minister of Home Affairs.
You still remember he made a mark when he was just a Deputy Minister during the Question and Answer session at this Parliament.
Some of us were not here during the 8th Parliament of Zimbabwe when a very important question was asked on the constitutionality of the behavior of police officers who were throwing spikes against motorists in the CBD and all over Zimbabwe.
Hon. Mguni told the country and the world that the conduct of the police officers was unconstitutional. If anybody has his own properties destroyed because of the conduct of the police officers, he must report that or sue the police officer on his personal capacity for the breach of the law. That was never expected of a Minister from ZANU PF to speak a statement that was against the police. That was the man. Because of those words and his achievement in this House, we honour and pay him tribute. May his dear soul rest in peace. I thank you.
^^HON. MABOYI: I would like to speak in Venda today
contributing issues like celebrating the life history of Hon. Mguni. Hon. Mguni was a true war veteran. He was a Chairman and was a rare, respected man. He was the man of almost everyone and he was a man who respected everyone, your political party did not matter. He used to teach everyone about how things were done in Parliament. As we are talking right now, we are faced with challenges on how we are going to do some of the things, but we are now saying if Hon. Mguni was still alive, he was going to teach us almost everything.
He was always encouraging everyone to talk in front of people. He was encouraging almost everyone to have self esteem. We are saying may his soul rest in peace. He stated two things about the vehicles for the Hon. Members, but as we are looking right now, we are still having so many questions about when and how we are going to get these cars. I still remember last Thursday when we were on third floor. I still respect the Chairman because when we went to collect our coupons, people were still queuing for the coupons and I went to Hon. Mguni and I talked to him that I cannot stand in the queue for such a long time and he answered me saying, we are going to look into the issue.
I am still wondering if this is going to be looked into. Hon. Mguni was going around and he did not care whether the person was from the opposition party or the ruling party. Even if people were making a lot of noise, he used to talk to them in a polite way. The Chairman, Hon.
Mguni has left us a legacy. In Venda, we were doing this when we were playing. If you touch someone, he could run around touching someone and that was a game by then. He was a man of respect and we should all be taking a good example looking at the way he was talking to people. He was the Chairman, especially if we are looking at the place where he used to work.
People are still in pain because they lost their father. We are talking about a man who had great melody. As I am talking right now, I am encouraging all the MPs from both sides. I want to give much respect to the rank of provinces where they talk Venda, Suthu, Shona, Ndebele and English. I am saying to you as you are the Hon. Members, you are supposed to be telling true stories about the places where you come from. As you first came here to this place, you were taught how to do your job, this is exactly what was being done by Hon. Mguni. I am encouraging everyone in this House to look at his example. Hon. Mguni was teaching people on how to do things, especially in this House, he was a great teacher. Even if he had gone, Hon. Mguni was a person who had respect for almost everyone. He could even listen to anyone who was talking, he could give an ear. Why can we not change our minds and the way we think?
Hon. Speaker, I respect you so much. I respect especially those people who are saying they know more about almost everything but they should have leant a lesson from the way Hon. Mguni was doing things. He was a great teacher. If someone is facing any challenges pertaining the way he is supposed to be doing his work, Hon. Mguni could teach everyone in a respectful manner. I am saying, Hon. Mguni, rest in peace. I know my Shona is not perfect but I think you can understand what I am saying. Thank you.
*HON. MATSUNGA: Thank you Mr. Speaker Sir. Let me thank
the mover of this motion in remembrance of a hero, the late Hon. Mguni. He was a loving man; love speaks a lot about your background, the way you were brought up. We are in this Parliament; we have a lot of people who are always heckling. In the Eighth and Ninth Parliament, I never saw him heckling anyone; he was a unifier and peace lover. I was heartily touched by his untimely passing on. It is a pity that we learn after a good person has gone, we should have leant the good qualities that he possessed when he was still alive.
He went to the liberation war front, he is a war veteran. I remember in his history that he went to the liberation struggle at the age of 15 years, it was not easy. If one were to visualise a 15-year old going to protect and fight for the liberation war. Apart from his political affiliation, he loved everyone regardless of which political party one belonged to. He was a unifier and I want to pay my respects regarding the constituents he led in Matebeleland South. I extend my heart-felt condolences to the people of Mangwe Constituency, they lost a hardworking and loving man who is a hero.
Charity begins at home; Proverbs 3 says that man should fear God and because of that you will be able to go to heaven. He got his heaven when he was still on earth because of the work that he carried out in Mangwe Constituency, these were good works. During his lifetime, he showed direction. I respected and enjoyed one attribute that he was a true ambassador of God. What stems from that is that once you are gone, that Church will be there. Fear and know God because when we go to other people’s funerals, we hear all sorts of songs that are not palatable but others you find that they will be saying, ‘glory be to God.’
Let me also pay my respects as a Pastor and say that we should fear God. In this earth, there is always life after politics and I will reiterate it. The manner in which we conduct ourselves, the hatred between and amongst ourselves is not proper. The love that was exhibited by the late Hon. Mguni to both opposition and ruling party Members was exemplary. It showed that he was being driven by the hand of God. I saw the hand of God through the death of the late Hon.
Mguni. He was also a Member who would stand up for our rights as Members of Parliament in the Eighth and Ninth Parliament.
I feel pity for those that lost their lives for the reason that we do not have medicines or drugs in our hospitals. It is quite painful that an Hon. Member dies because he was being carried in a pick-up truck - he was trying to save because there was no fuel. He is then attacked by pneumonia and blood pressure and there are no drugs in hospital to place you back to good health. In a short period of time we have lost a lot of good Members of Parliament. My prayer is that none of us should die before we achieve our goal, before we attain our five-year terms. It hurts us, we do not expect such things.
I pay my respects to the late Hon. Mguni, I met him at Faramatsi where we were looking for a motor vehicle. He would hold you with his hand and treats you like a daughter. There are types of Hon. Members who would then say, ‘I am a Chief Whip remember, you come and see me, we would be able to sort out your programmes.’ I want to say so as a young female Parliamentarian because there are some Hon. Members who take advantage of young, smart female Members of Parliament and forget that we are brothers and sisters as Hon. Members. I am saying so because he showed me respect and would treat me as his own daughter that he would have left at home.
I respect him because some Hon. Members are very promiscuous; I want to pay him respect. There is a verse in Ecclesiastes 3 which says, ‘there is time for everything, there is time to be born, time to die, time to sow and there is a time to harvest’. So, time saw it proper to call the late Hon. Mguni, we die at different times as different people. Let us look for churches to fellowship from and become Christians like the late Hon. Mguni. I was challenged because he was one of the leaders in Guta RaMwari. There are other backbenchers in the church who do not even pay their tithes. I leant of his active participation in the church and I want to say, rest in peace. God willing, we shall meet, may your soul rest in peace. I thank you.
*HON. MKANDLA: Thank you Mr. Speaker Sir, for giving me
this opportunity to say a few words over the late Hon. Obedingwa Mguni; a hero amongst heroes, a man amongst men. Hon. Speaker, I got to know Hon. Mguni many years ago. I am one of the church members that Hon. Mguni used to go to; Guta Ramwari. I used to call him an Evangelist and the wife being one of the servers. He was a man full of love within the church. He did not take sides, he would not say I do not belong to Harare or Bulawayo but he would carry on God’s work wherever he was.
Hon. Sithole has already mentioned that he was a chairperson all over. Whenever there was a meeting in Guta Ramwari church, Evangelist Mguni would prepare food for all the church members and whenever there were monies to be contributed; Hon. Mguni would be the first to contribute. He was always exemplary and others would follow. It is not only Guta Ramwari that has lost; we have also lost Hon.
Mguni in this House.
Hon. Mguni worked very hard, he worked during the time of ZAPU, and he went to the Liberation Struggle and came back. I agree with everything that was said by Hon. Sikhala. Hon. Mguni’s family was brought up in the church. All his children know ZANU PF. When we are still alive, all parents should teach their children so that their children can follow their steps. What I am saying is the truth. We saw what happened at Hon. Mguni’s funeral. His daughter, Simpiwe stood up and started toi-toying wearing Guta Ramwari’s attire. She was trying to show that she was going to follow her father’s footsteps.
In the Eighth Parliament, Hon. Mguni was a Deputy Minister. He was a much respected men, and he never took sides. He was a man of his word. Those who were in the Eighth Parliament can be or witness and others have already said it before. Hon. Mguni would answer questions here in Parliament. He is one person who would note evade questions in Parliament – [AN. HON. MEMBER: Togarepi.]-
Mr. Speaker, what I would like to say in short is that Hon. Mguni has left a family…
THE TEMPORARY SPEAKER: The Hon. Member who has
said Togarepi, I do not know why you have said that. Can you withdraw?
HON. MOLOKELA: I apologise and I withdraw.
*HON. MKANDLA: Hon. Speaker, we must love one another.
Firstly, we went to bury Hon. Mguni and at his church service, there was only one Member of Parliament, Hon. Masenda from Hurungwe East. We must love one another; let us say things that come from the heart and not to just please other people. When we got to his homestead, I slept in the same room where the casket was placed and Hon. Dzuma came in the morning, he was one of those people who went to assist in digging the grave for Hon. Mguni. Let us love one another.
We heard that there will be a service for the late Hon. Member who has passed on, we must all go in our numbers to bid farewell to one of us, we are still crying.
I would like to thank the MDC Alliance, they have shown, through Hon. Mguni how much love they have. They were happy with the work that Hon. Mguni was doing. The opposition Members of Parliament were even more than the ZANU PF Members. I am not ashamed to say this because that is what I witnessed with my own eyes.
From now onwards, if an Hon. Member passes on, no matter he is from Mberengwa, Matabeleland North, Chipinge or wherever, we must all go in our numbers to show love. Let us be one people, we witnessed that at Hon. Mguni’s funeral. There was one Hon. Member at his service but here there are many who are talking about him. I thank you.
HON. MAPHOSA: My name is Lindiwe Maphosa and it is my
first time to debate in this august House. It is sorrowful that I have to debate on a motion of sorrow when we have to pay condolence messages to our fellow Member of Parliament, Hon. Obedingwa Mguni.
I come from Matabeleland South Province where Hon. Mguni came from. To me he was not only a fellow Member of Parliament but also a father. We might come from different political affiliations but what unites us as a people is where we come from. The culture of ubuntu.
Matabeleland South is known for being marginalised as a province. Hon. Obedingwa Mguni served in this House and in this Government in an endevour to make sure that Matabeleland South could rise to be equal to all the provinces in this country. Unfortunately, he died when he was still trying to make sure that dream comes to pass. He was fighting and moving for devolution of power and he thought by now the provincial councils will be elected but up to date, the motion is there on the Order Paper but it has not been debated, hence the Act has not been passed.
I know that it was his wish to see devolution coming to practice because it would have gone a long way in the curing of the marginalisation thing that we see in the curing of the marginalisation thing that you will see the marginalisation that we come across as the people of Matebeleland as a whole. It pains me to hear fellow Members in this House talking about how some of the Members especially from his political affiliation could not come to bid him farewell. This is a good example of what we are talking about even as we talk about Matebeleland South. I therefore urge all Members to take the spirit of the late Hon. Mguni to practice. He never segregated anyone. To him everyone was a human being unlike some of the Members who think that if you are in a different political party you cease to become a human being. You are like an animal that does not feel or think but I want to applaud my father Hon. O. Mguni who worked hard to make sure that we, the new Members who were coming into Parliament could get direction. Whenever I would err as it is common that to err is human and as human beings we err in a lot of things especially if you are starting on new things that you never did. He would call you outside unlike others who would want to make sure that you are undressed in front of everyone. - [HON. MEMBERS: Hear, hear.] - He would call you aside and say, “my daughter we do not do like this in the august House.”
Hon. Mguni was a person who would always show you love even when you had erred and for that I say we will miss him not only as a province but also as Parliament. The other Members have talked about how he was so passionate about our welfare issues. If you wanted to hear how our welfare issues were faring you would go to Hon. Mguni because you knew you would get an answer. You would know you would be comforted and you would come back from him with a comforted heart. - [HON. MEMBERS: Hear, hear] - As a young person who came into Parliament at a tender age I say as all the young people in this we have lost a pillar of strength. We have lost a shoulder to lean on, a father and an advisor. I say to Hon. Mguni rest in peace. I thank you.
*HON. NYATHI: Hon. Speaker Sir, I rise to add my voice to the motion on Hon. Mguni’s death. Mrs Mguni and the whole family, friends of the Mgunis, Mangwe constituency, all Hon. Members in this House and the Guta raMwari church, we are sorry about this death. I saw it was important for me to stand up and speak about what happened on the day we went to bury Hon. Mguni. I had an opportunity to sit next to our Secretary Mrs Ndati and I was happy about the attendance. I saw that the figures of people from ZANU-PF were 110 and those from the MDC Alliance were 75. This showed that ....
HON. S. BANDA: On a point of order - with all due respect Mr. Speaker Sir, let the truth be told as the truth. I am not going to say any number here but what I just want to say is, let the truth be told as the truth. If the Hon. Member decides to mislead the House, then we will stand up. May the Hon. Member withdraw the numbers that he has just said? It is a lie – [HON. MEMBERS: Inaudible interjections.] -
THE TEMPORARY SPEAKER: Order Hon. Member, there is
no point of order with regards to what you have raised.
HON. NYATHI: I am a man of good reputation. I am an Elder of a church and I am an Hon. Member, I do not lie. I just want that to be on record – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Hon. Members, I am not
taking any further point of orders. This is a very emotional debate. We are not here to contest.
*HON. NYATHI: Hon. Speaker Sir, I had mentioned these figures because I am very impressed with the attendance by members of the opposition. A good percentage attended the burial of Hon. Mguni. I very much appreciate what the members of the opposition did. It is important that it is put on record whilst we are grieving – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order Hon. Member, you are challenging your Speaker now – [HON. BANDA: Hatisikuda kunyeperwa pano.] – Hon. Member! – [HON. BANDA: Let the truth be
told.] -
*HON. NYATHI: I do not expect that from you. It is important for us to understand – [HON. MEMBERS: Inaudible interjections.] – that we learn from every death. I have learnt that the life of Hon.
Mguni...
HON. MOLOKELE-TSIYE: Hon. Speaker Sir, this august
House has rules and one of them that is very fundamental is about quorum. We need to double check the quorum.
[Bells rung.]
[Quorum formed.]
HON. MUSABAYANA: I move that the debate do now adjourn.
HON. N. NDLOVU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 16th July, 2019.
On the motion of HON. MUSABAYANA, seconded by HON. N. NDLOVU, the House adjourned at Twenty Five Minutes past Five o’clock p.m. until Tuesday, 16th July, 2019.
PARLIAMENT OF ZIMBABWE
Friday, 14th June, 2019
The Senate met at a Quarter to Ten o’clock a.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: It is
regrettable that I have to remind you every time that cellphones are supposed to be put on silence in this Chamber. I repeat again, if you let your cellphone ring in this Chamber, you are holding this Chamber in contempt.
On the motion of HON. SEN. S. K. MOYO, seconded by HON.
SEN. NCUBE, the Senate adjourned at 11 Minutes to Ten o’clock a.m.
until Tuesday, 18th June, 2019.
PARLIAMENT OF ZIMBABWE
Thursday 20th June, 2019
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)
ICT LITERACY TRAINING SESSIONS
THE HON. PRESIDENT OF SENATE: I wish to remind the
Senate that Group Three for the half day ICT literacy training sessions is starting on Tuesday 25th June, 2019. Hon. Members who have not registered for groups four, five and six are kindly requested to register on Tuesday 25th June, in the afternoon.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
THE HON. PRESIDENT OF SENATE: We have the following
Ministers in the House:
- Mutodi - the Deputy Minister of Information, Publicity
and Broadcasting Services
- Haritotas – the Deputy Ministers of Lands, Agriculture,
Water, Climate and Rural Resettlement
- Karoro – the Deputy Ministers of Lands, Agriculture,
Water, Climate and Rural Resettlement
- Matemadanda – the Deputy Minister of Defence and
War Veterans
HON. MPOFU: Thank you Madam President. My question is directed to the Deputy Minister of Defence and War Veterans. What is the Government policy on the deployment of soldiers at Beitbridge Border Post and check points? Are we expecting tourists with militia like language to warrant the current level of deployment?
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. I would like to thank the Hon. Senator for the question. I think this question has been answered on almost three or so occasions but since it is sort of a specific question, on Beitbridge, I would like to have time to investigate and see what is happening. On roadblocks, I do not know which roadblocks, if that could be put in writing.
THE HON. PRESIDENT OF SENATE: Hon. Member, I think
you heard what the Minister is saying. I think it is proper if you can put the question in writing so that he can go and research and we have a comprehensive answer.
I want to welcome Hon. Nyoni, the Minister of Women’s Affairs,
Community, Small and Medium Enterprises Development; Hon.
Gumbo, the Acting Minister of Youth, Sport, Arts and Recreation
*HON. SEN. HUNGWE: Thank you Madam President. My
question is directed to the Deputy Minister of Agriculture responsible for crops. What is the Government policy as regards to drought or famine in the country? We have drought in the country and it is not anybody’s fault. It is caused by insufficient rains. How well prepared are you in terms of fighting against starvation? Maize is our staple food since we eat sadza. How well prepared are you in terms of provision of maize for the people? Do we have adequate supplies? If not, how prepared are you in dealing with that issue? I thank you.
*THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President. I would want to thank the Hon. Senator for her question. I will try to respond to issues that pertain to my Ministry because part of the question is for the Ministry of Public Service, Labour and Social Welfare.
It is true that we have a drought and also have famine in the country because we did not get sufficient rains. As a Ministry, we are looking at ways to quickly alleviate the situation. We have also gone further to plan to see how best we could be prepared in the long term so that famine cannot recur. In a short term, the Ministry is importing over 720 000 metric tonnes of maize to alleviate the drought. In the long term, we have realised that it is because of the drought that we are in this situation. As a result, we are developing irrigation schemes in each and every Constituency so that we have sufficient food supplies realised
from irrigation. It is a programme which is ongoing and we are doing it in all constituencies. We urge Senators in the august House to work hand in glove with Members of the National Assembly who are having this programme. We are trying to avoid too much talk and less work. We would want to walk the talk. We cannot be successful if we do not get the support of the Hon. Members in various constituencies. Together we can achieve a win win situation on the issue of irrigation schemes. I thank you.
*HON. SEN. KOMICHI: Supplementary. Whenever we travel and visit the GMB, we see a lot of maize stockpiles. We also believe that a lot of our silos are filled with grain. How much maize do we have in stock in the country in terms of metric tonnes?
*HON. KARORO: I thank you Hon. Member for such a good question. Yes, we see the silos and stockpiles of maize as we go round the country. What we do is that such types of maize, for instance if you were to go to Mashonaland Central, the silos and stockpiles that you see do not come from Mashonaland Central only. The same would apply to Mashonaland East, if we were to go there. That maize is also meant for other areas where we do not have GMB silos. It is meant to be distributed to other provinces as well. It may give you a false impression that we have a lot of maize but we have over 420 000 metric tonnes of maize which is insufficient for our sustenance as a country. I thank you.
HON. SEN. ENG MUDZURI: Hon. Minister, you have just given us a figure of over 720 000 tonnes we are likely to import to benefit the shortage of maize amongst human beings. What is the allocation to animal feeds, especially looking at the food line of chickens and pigs and also considering that the pricing of maize affects the whole process of giving out maize to those animals? How is it likely to be accessed by those who keep pigs and chicken for the survival of the same human beings we are talking about?
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Hon. Member for that question. On a monthly basis as a nation, we consume close to 120 000 metric tonnes, inclusive of humans and livestock. We are also expecting some deliveries from farmers. The figure that I talked about of 720 000 metric tonnes will be augmented by the deliveries that we are expecting. I thank you.
*HON. SEN. CHIEF NTABENI: Minister, earlier on you talked
about provision of irrigation schemes in all districts in order to mitigate the effects of drought. My question is - what is your Ministry doing in areas that have no dams?
*HON. KARORO: When we are talking about drought, we are also talking about livestock being affected. I have said that we are importing 720 000 metric tonnes of maize which is enough for consumption during this period but the situation will be assessed as to whether there is still need for us to buy more maize or it will be sufficient to get us to the next cropping season. With regards to human beings, I have tried to respond to the question. In terms of livestock, we have a programme in the provinces which is ongoing where there is a lot of grass, we are asking people to form groups and bale grass which will then be transported to hard hit areas so that livestock can be maintained and not succumb to the drought that we are facing.
*HON. SEN. CHABUKA: My question is still directed to the Minister in the form of a supplementary question. You spoke about the issue of irrigation and that certain provinces have dams. Nowadays, there is lack of electricity provision because of load shedding. A lot of wheat is drying, as a result, there is bread shortages in the shops. How are you going to be successful with your irrigation programmes when we do not have electricity?
THE HON. PRESIDENT OF SENATE: I think we should be
procedural. The Hon. Member is asking on issues referring to electricity and that should be passed to the Minister of Energy and Power Development. The farmers should continue preparing their programmes despite the fact that the Minister of Energy is not here to answer that question.
THE HON. PRESIDENT OF SENATE: I also want to inform
the august House that we have Ministers that have walked in and they are:
- Minister of Information, Publicity and Broadcasting Services, Hon.
Sen. Mutsvangwa;
- Minister of Environment, Tourism and Hospitality Industry, Hon.
Sen. Mupfumira;
- Minister of State for Manicaland Province, Hon. Sen. Dr.
Gwaradzimba;
- Minister of State for Mashonaland Central, Hon. Sen. Mavhunga 5) Deputy Minister of Home Affairs, Hon. Madiro.
*HON. SEN. CHIRONGOMA: My question is directed to the
Deputy Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. The country is facing a shortage of bread, what hectrage is under wheat? Will you be able to live up to expectations in terms of planting wheat? Do you think that the available wheat will be sufficient to feed the nation?
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Madam President and thank you Hon.
Member for the question. The issue of wheat is a very important issue for our country. Wheat is one of our strategic crops in our country as it is one of the crops that is always grown short in our country.
The challenge with wheat is several items. One as mentioned by the Hon. Senator regarding electricity but the major issue is the number of hectares under irrigation. This current season, we had enough inputs for 60 000 hectares under Command and 15 000 hectares was under the private sector to make 75 000 hectares and had we grown 75 000 hectares of wheat this current season. It is my assessment that we would have had enough wheat for the country and would have been almost self sufficient as a nation for wheat. Unfortunately, due to the issues that I mentioned, some farmers did not grow wheat and therefore, we do expect a large shortage of wheat this coming season from our local wheat.
However, as I have said that the last few years, we have always been importing wheat and nothing will certainly change because we will not have shortages of bread on our shelves. Yes, there may be a few shortages for logistical reasons but these are not long term but short term. Our ministry has already flighted a tender for 200 000 metric tonnes through the Grain Marketing Board and several individuals showed great interest to these tenders. We believe that they will fulfil these tenders. Currently we only use 30 000 metric tonnes a month so 200 000 metric tonnes will be sufficient for almost seven months of this year. I thank you.
THE HON. PRESIDENT OF SENATE: Thank you Hon.
Minister. I had recognized Hon. Sen. Siansali.
HON. SEN. CHIEF SIANSALI: My question is also directed to the Deputy Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. My question arose from the response that you gave in the previous question to say we need to concentrate on irrigation as a nation.
I would like to know what the challenges are at Bulawayo irrigation scheme in Bing, where farming has failed to commence for the past decade? A very big irrigation scheme that could have assisted the nation in addressing the prevailing issue of hunger that we are talking about. I thank you.
THE HON. PRESIDENT OF SENATE: Thank you Hon. Sen.
Chief but before the Minister responds that is a particular question of which I think that we encourage Hon. Members to put in written form. So that you have a comprehensive statement of what is taking place at that irrigation scheme. He should go and obtain well researched information in order for you to have a comprehensive response but I think that he has something on that.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Madam President and thank you Hon. Sen. Chief. Madam President, it is a very specific question and I am pleased to inform you that I visited Bulawayo and Binga. It is an amazing scheme that would change the lives of many people.
The unfortunate part is that the pipeline that was bought for the scheme stayed too long under direct sunlight and has since disintegrated. Most of the pipes have disintegrated which requires us to purchase more pipes. It is one of our top priorities to ensure that the scheme comes online as soon as possible.
THE HON. PRESIDENT OF SENATE: Thank you very much
Hon. Minister. I think that the Hon. Chief is happy to hear that. –
[HON. SEN. CHIEF SIANSALI: Yes, I am happy Madam President.] - They are considering working on that.
*HON. SEN. M. DUBE: My question is directed to either the Minister of Home Affairs or the Leader of the House. Hon. Minister, since we have blankets being confiscated at the country’s borders are they only benefiting child care because our prisoners are freezing to death in prisons? Prisoners are using wafer thin blankets during this cold spell. What do we think of the welfare of our prisoners? Let us help them please to be able to sleep better.
*THE HON. PRESIDENT OF SENATE: Order, order both
ministers are not present in the House but please make it clearer. You made reference to blankets at the border and prisoners – so your question needs to be clearer when the responsible minister comes.
HON. SEN. TIMVEOS: My question is directed to the Deputy
Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. I believe that if more women are given land in Zimbabwe hunger would be a thing of the past. Can women, especially in the rural Zimbabwe, inherit land? Is there a clear policy in place to empower more women to own land? I thank you.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President and thank you Hon. Member
for that good question. I think that you are aware that over the last few months, we were in the process of moving from one province to another, crafting our National Land Policy. I am happy to inform the House that women were very vocal during the process and that is one of the issues that strongly came out especially from women participants.
We are currently in the process of merging all the issues that came from the provinces. I want to assure the Hon. Member that the issue of women and land is one of the contentious issues that are going to be in that National Land Policy.
*HON. SEN. SHUMBA: My question is directed to the Deputy
Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. People have been concerned over food issues but my concern pertains to money. Government provided cotton seed to farmers and we also realized that tobacco farmers were paid half US$ and half RTGS. What arrangements are in place in paying cotton farmers and to encourage them to continue farming cotton?
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Madam President. I would like to thank the Hon. Member for the very valid question. Cotton is certainly being considered. However, there is a formula that is being used.
Unfortunately I do not have the formula in front of me, but I do recall that a certain portion of it will be paid in United States dollar equivalent at the current rate.
You will recall, Madam President, that we announced a very attractive price for cotton of approximately $1.90 per kg, if I remember correctly. So a portion of that will be paid in RTGS based on foreign currency at the interbank rate with the balance being in RTGS. Unfortunately, as I said, it is a bit of a complex equation that I do not have in front of me, but I can certainly share with the Hon. Member in the near future. Thank you Madam President.
HON. SEN. ENG. MUDZURI: Thank you for your answer on
the formula of payment of cotton. Can the Minister really be able to explain how you rate a commodity in United States dollars and then apportion another amount like for instance I know maize per tonne is $252 or something like that and then when you now pay, you pay a certain portion in United States dollar and then another portion in bond notes? Are you not making it difficult for Mai Chimbwido in the rural areas to understand what currency to use and when to use it and when it is changed, where to change it? If you go to the bank today, there is no local person who can exchange their local currency to foreign currency.
Even if you bring your foreign card, there is no way you get to a shop and you will be able to swipe your dollar and it gets to the country. So, I do not know how this money gets into the country or it is only going out.
HON. HARITATOS: Thank you Madam President and again, thank you to the Hon. Member. What is important to note Madam
President, is that the only crop that is paid in hard United States dollar currency is tobacco. When we are talking of cotton, maize and wheat or should I focus rather on cotton which was the question, it was a portion that would be in RTGS using a United States dollar equivalent at the interbank rate. So the farmer will be paid an RTGS value. He or she will not be paid United States dollar currency. What we did is, this Government is a listening Government and we had a lot of farmers coming to us asking us to incentivise them. We felt as a Ministry that having these sort of complex formulas would incentivise a farmer.
The farmer is of critical importance to us. As you all know, what we are wearing today is because there are farmers. All the ties, the suits; all the clothes that we wear are from cotton. All the food that we eat is from our farmers. So, our farmers are of critical importance to us and therefore as a Ministry, we have to incentivise those farmers to continually go back to those farms because farming is a business. It is a lucrative business if done properly. So, although it is and can be complex, the point is the farmer still receives the money in RTGS, but the formulas that we have put actually make it more difficult for us and not the farmer because we want to incentivise the farmer.
However, when you talk of tobacco, that is a crop that has a component paid in United States dollar, but when we talk of cotton and maize the intention is to incentivise, not to confuse our farmers and to make sure that they keep growing and farming so that our country can be self sufficient and for us to have food security. Thank you Madam President.
*HON. SEN. MURONZI: Madam President, maybe I did not hear him well. He said that tobacco farmers are given United States dollars. I am a tobacco farmer, I took 15 bales and there is no United States dollar which is being given to people. People are being given bond notes. I am very angry. May he explain what is happening? -
[Laughter]–
*THE HON. PRESIDENT OF SENATE: I will allow the
Minister to explain further because I understand how angry you are. If it was not for that, I would say you are out of order.
HON. HARITATOS: Thank you Madam President. I understand her anger. Madam President, we have put in the right modalities for the farmer to enjoy that 50% benefit. Unfortunately, if the Hon. Member has not been able to access that, it is something that she needs to take immediately to TIMB. They are our parastatal that deals with complications or any problems that our farmers have. So, I would encourage the Hon. Member to engage with TIMB on these currency issues because the intention is we gave the formula, the equation, to incentives the farmer. The farmer must have the best benefit for him or her. Thank you Madam President.
THE HON. PRESIDENT OF SENATE: With the help of this
House and the Ministry, I am encouraging the Ministry to also look into it because if you just leave it to the farmers, they are facing problems.
Would you please look into that?
HON. HARITATOS: Thank you Madam President. TIMB falls under our Ministry and we certainly have that jurisdiction, Madam President.
*HON. SEN. CHIMBUDZI: Thank you Madam President. My
question is directed to the Minister of Youth, Sport, Arts and Recreation. What is Government policy on sport in relation to people who are disabled?
*THE DEPUTY MINISTER OF YOUTH, SPORT, ARTS
AND RECREATION (HON. SIMBANEGAVI): Thank you Hon.
Sen. Chimbudzi for your question. The Ministry of Sports has a policy to uplift people who are disabled that they are considered when sports are being done. There are associations which are involved in all sporting disciplines, the Minister of Youth, Sports, Arts and Recreation encourages that people who are disabled are involved even when they are going out for sports where teams are being sent outside. We check that those who are disabled are involved and are sent out to represent the country, that they are given an opportunity to be seen, that they are able to improve their talent and get money that they are able to survive on because they will be having those talents.
We do not discriminate against people who are disabled that they are not involved in sports. There are many instances which I can highlight, Hon. Senator, to show you that our country encourages that those who are disabled are involved in sports. A few days ago a group of disabled people were involved in representing our country and they won. Last week, a team went to Namibia where people were given awards in various disciplines. Our disabled people were also awarded those awards; which shows that we encourage those who are disabled to be involved in sports. I thank you.
HON. SEN. CHIEF SIANSALI: Minister, I think maybe you
need to do some more investigatory work into the Ministry. There is a lot of segregation happening. I have a case of a boy who comes from
Victoria Falls who is representing South Africa on Paralympics. He was denied the chance to represent Zimbabwe and he is doing very well in South Africa. He is a primary school boy.
THE HON. PRESIDENT OF SENATE: I think this is just for
information purposes to the Minister, if she can follow up on that.
HON. SEN. MALINGA: Thank you Madam President. My
question is directed to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. I want to know if there is a quota system to distribute land to disabled people? If not, why? If yes, how many?
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President. I want to thank the Hon.
Member for that question which is similar to that asked by Hon. Sen. Timveos. When we went around the country conducting our national land policy, we also had quite a number of people living with disability who also contributed significantly to the fact that the issue of the quota system for people living with disabilities should also be looked at. I am happy to say our personnel are busy at the moment processing all the input that came. So, I can assure the Hon. Senator that his issue is also of paramount importance and is going to be considered in the National Land Policy.
HON. SEN. MAKONE: Thank you Madam President. My
question is directed to the Deputy Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. I want to find out what has been done about adjusting prices of maize for the maize producers. Last year they were given the price of US$800 per tonne when they were given inputs for this current season. At that time, the rate of exchange was 1:1 with the United States Dollars but we all know what has since happened. When Government takes its money for the inputs whatever is going to be left for the farmers...
Sergeant-at-Arms staff having gone to adjust the microphone.
HON. SEN. MAKONE: I think I was loud enough, shall I
continue.
THE TEMPORARY PRESIDENT: Please continue.
HON. SEN. MAKONE: Whatever is going to be left for the farmer after the Government has taken its portion of the money towards inputs is hardly going to be a livable wage. What has the Government put in place to ensure that our farmers are not destitutes and that they are incentivised to carry on producing maize which is a staple crop for this country? I thank you.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Hon. President and I thank the Hon. Sen. for this good question. Hon. Senator, you will remember approximately two weeks ago, the Government announced the new maize producer price which was at a US dollar price equivalent RTGS using the interbank rate. So, that is one of the first measures that we have taken as Government to incentivise the farmer. The second thing is we encourage our farmers to access inputs through command agriculture. Command agriculture gives the farmer inputs at fixed prices and therefore that farmer is not subjected to any kind of changes with
regards to input costs. That price that we announced, we would have taken into consideration the prices that we are selling those inputs to the farmer himself.
So to incentivize, the producer price or the price to the farmer has to be a price that is higher than the cost so that we ensure that that farmer goes back on the farm. If that farmer as I mentioned before does not go back onto that farm, it means we will never get food security. So, it is of paramount importance that whatever producer prices we do announce will take into consideration the actual cost by the farmers. I believe that the price that we announced takes that into consideration.
If there are any market changes in the near future, given that in the last few months we have announced two producer prices, I do not believe that it will constrict the Government from announcing a new producer price at any stage given any market forces. We are a listening Government and our Ministry sits with the people on the ground. We cannot afford, as I said, to have the farmer not go back to the field. So we will always keep our doors open. We will always keep our ears open to any forms of price sensitivity or any factors that affect our farmers negatively. I thank you Madam President.
HON. SEN. MBOHWA: Thank you Mr. President, my question
is directed to the Minister of Youths, Sport, Arts, and Recreation. What is your Ministry’s policy on economic empowerment of young people so that they also become part of Vision 2030?
THE DEPUTY MINISTER OF YOUTH, SPORT, ARTS, AND RECREATION (HON. SIMBANEGAVI): Thank you Mr.
President. I thank the Hon. Senator for her question. As you have rightly said we are the Ministry of Youth, Sport, Arts and Recreation and all these 4 portfolios are aimed at making sure that the young people are equally economically empowered. To begin with, we have the Vocational Training Centres and in these centres, youths are given life skills whereby when they graduate, they are then able to go into the market. They are also able to go and become their own business persons entrepreneurs, starting their own businesses so that they can be economically empowered. We also have the sporting activities...
Hon. Sen. Eng. Mudzuri’s phone having been ringing.
THE TEMPORARY PRESIDENT OF SENATE: Order Hon.
Sen. Eng. Mudzuri.
HON. SIMBANEGAVI: Thank you Hon. President. Hon.
Senator, as I was saying, our Ministry’s focus is mainly on making sure that the skills that are within the young generation are sharpened to such an extent that they can be able to utilise those skills to become economically sustainable.
We are also aware as a Ministry that Vision 2030 is mostly aimed at the youth generation because by 2030 they are going to be the beneficiaries of vision 2030. We aim to make sure that the skills that are inherent in the young people are sharpened and they are trained to such an extent that they can be able to use these skills sustainably. As I indicated, in the Vocational Training Centres, we make sure that every skill that the young people may have, be it in carpentry, welding and any other business activity that a young person may have; we train them and we make sure they understand how they should run their own businesses and become their own independent persons and not to rely on Government employment.
We also have the youth portfolio whereby we encourage young people. This starts at community sport level where we identify young people in primary and secondary schools to take part in sporting activities and then we move them to the podium level where we then say these have been identified and these have developed their talents to an extent that they can also compete at national, regional or international levels. That will also create employment for them and they can be economically empowered.
We have the Arts portfolio where we encourage our young people who are blessed with artistic skills. We also make sure that these skills are sharpened and we train our young artists on how to run businesses. In the coming week Hon. Senator, you are going to notice that we will be running workshops for our young artists, training them on how to market their arts businesses. We have different forms of arts, creative, visual, singing, dancing, sculpting, writing of poems or books and all those kind of skills. We encourage our young people and train them to make sure that they are not manipulated by other people when they go out to regional or international platforms to market their products economically. I thank you.
HON. SEN. CHIEF NYANGAZONKE: Thank you very much
Mr. President. My question is directed to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. There was a brilliant programme on Command Livestock but it seems not to be active anymore, if I may know the challenges. Thank you.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Mr. President Sir. Thank you to the Hon. Member for the question. The challenges to the Command Livestock are related to funding. However, we have been able to bring in some form of commercial aspect to that through Agribank. Currently,
Agribank have a $6 million facility that is supposed to be used for a similar concept to Command Livestock. So, we encourage our farmers to access that funding through Agribank. Thank you Mr. President Sir.
HON. SEN. MOHADI: Thank you Mr. President. My question
goes to the Minister of Information, Publicity and Broadcasting Services. Hon. Minister, we have our people in the border areas who do not receive broadcasting in our languages and they mostly access Botswana and Mozambique air waves in terms of television, radio or mobile phones. What are you doing about it?
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you Mr. President. I would like to thank Hon. Sen. Mohadi for that good question. I must say as a Ministry, we are going through a lot of media reforms and part of the reasons for coming up with all these reforms is to make sure that we uphold what is enshrined in the Constitution of Zimbabwe. The Constitution of Zimbabwe, especially when you look at Sections 61 and 62 - right to information, right to media, even getting licences for media; this is what we want to provide to the people of this country.
The challenges which we have had, you know the Ministry embarked on a project of digitalisation in 2015, which would have actually given us an opportunity to make sure that we have got radio and television access to each and every Zimbabwean in all the 10 provinces of our country. That project has been slowed down because of shortages of foreign currency because most of the equipment which is required to complete that programme comes from outside our country. So, we are working very hard to make sure that we also bring in the private sector. This is because we do have other transmitters which are already fully digital and we would like at least people in those areas like Kamativi, and especially Matebeleland North – most of the transmitters there are fully digital, what is not there is what is called set top boxes which will allow our people to use the televisions they have in their homes. That is why we are saying we would like to bring in the private sector with their free funds for set top boxes.
We realise that this is every Zimbabwean’s right to access the national television. We are also looking at licensing more television stations. As a Ministry, we are very much aware of the demand out there for licensces, not just from commercial television but also from public broadcasting. This is the process which we are going through. We need to have our boards in place and then the process starts where those who are interested in getting licences will then apply and given according to those who qualify. That way, we will have more diversity for our people; our people deserve better in terms of variety. We need to have more than one television channel. There is no correlation between those who will be issued with licences, whether they belong to a certain party or group, this will be done according to the law. The criteria for issuing licences will be done according to the law and this is what the Ministry is doing. Thank you.
HON. SEN. MOHADI: My supplementary question is; taking
into consideration that the Minister is talking about giving licenses, which licences are they given because they do not receive anything from our country Zimbabwe?
HON. SEN. MUTSVANGWA: Thank you Mr. President. I gave
a little more information as I could see that the Senator wanted to know more about it. It is not about having access to the radio or ZBC; I am actually talking further about providing a variety. Licensing means we will have variety; those who would like to watch a certain programme or educational programmes and also languages. We have got 16 official languages in this country and our wish is to make sure that we can actually broadcast using all those languages so that it reaches everybody.
HON. SEN. CHIEF MATHUPULA: My question is directed to
the Minister of Home Affairs. Minister, what steps are being taken to bring our entry ports at par with other regional entry ports? Is there any programme to upgrade them and if so, the issue of One-Stop-Border Post to increase efficiency, is it also being taken into account and which border posts exactly? With your indulgence, can I also ask a question regarding that - the backlog in passports, how far is the Ministry going to clear that? Thank you so much.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you very much
Mr. President. With regards to upgrading the facilities at various border posts, it is Government policy to ensure that all our border posts are up to world standards. However, as you are aware, we are experiencing shortage of resources given the need to balance our fiscus. With regards to the Beitbridge Border Post, there is a Memorandum of Understanding with our sister country South Africa to ensure that the busiest port of entry at Beitbridge is actually upgraded to a One-Stop-Border Post. That arrangement is underway, only that resources are constricting the speed with which we can achieve that.
With regards to the backlog on passports, yes we have got a serious challenge as far as clearing the backlog of issuing passports is concerned. Again, this is due to shortage of consumables of which we are using imported consumables. There is a special paper which is used to print passports and other consumables including ribbons which are procured from foreign suppliers. Given the challenge of foreign currency, we have had a serious problem in procuring these consumables. However, I am happy to say that the Government has since paid what we owed our suppliers and very soon those imported consumables will be availed and we will make sure that we clear the backlog on passports. I thank you.
HON. SEN. TIMVEOS: Mr. President, I move that time for
Questions without Notice be extended by 15 minutes.
HON. SEN. NCUBE: I second.
HON. SEN. B. MPOFU: My question is directed to the Minister of Small and Medium Enterprises Development. What is the Government policy on the incubation of informal sector to help them formalise their activities? Are there any specific programmes in place?
THE MINISTER OF WOMEN’S AFFAIRS, COMMUNITY,
SMALL AND MEDIUM ENTERPRISES DEVELOPMENT (HON.
NYONI): I would like to thank the Hon. Member for a very important question. Yes, the Ministry has a policy on incubation. We believe that incubation is very important because when you incubate an SME, we give them lessons on how to start and grow their businesses, how to market their products, also quality control, linking them to funding and help them to register companies.
We have an incubation centre at Waterfalls and we graduated some two months ago. We have had a new intake and of those 25, we graduated 12 and they have already established their businesses. They are operating because they registered businesses, they have specific products that they wanted to do and we linked them to funders and now they are operating. There is a policy as well as practice on incubation. I thank you.
+HON. SEN. A. DUBE: My question is directed to the Minister of
Women’s Affairs. What is Government policy on women who intend to borrow money from the banks without collateral? I thank you.
THE MINISTER OF WOMEN’S AFFAIRS, COMMUNITY,
SMALL AND MEDIUM ENTERPRISES DEVELOPMENT (HON.
NYONI): The Hon. Member has asked a very pertinent question. This question troubles quite a number of people. Women cannot have collateral but the RBZ has put in place measures that are as good as collateral. It used to be that collateral should be a house or any immovable property but right now, banks are being allowed to encourage the public to use any other collateral such as furniture or a refrigerator. It is now allowed. In the past, this was not allowed. I would like this House to support this policy so that people will always have collateral to give to the banks. I have observed that and I think the RBZ has since put that into place. I thank you.
HON SEN. KOMICHI: My question is directed to the Minister of Small and Medium Enterprises Development. I would like to know the status of the Women’s Bank – how many women have so far been assisted, what amount is it and are they able to pay back?
THE HON DEPUTY PRESIDENT OF SENATE: Order Hon
Sen. Komichi, that is specific. You will agree with me that it is difficult - unless if the Minister can respond it but normally you are supposed to ask questions of policy. Your question is very specific.
HON. SEN. KOMICHI: I know she is very capable.
THE MINISTER OF WOMEN’S AFFAIRS, COMMUNITY,
SMALL AND MEDIUM ENTERPRISES DEVELOPMENT (HON.
NYONI): Mr. President, I think you are right. The question is on the
Order Paper today, so I am going to give him the answer.
*HON. SEN. MOEKETSI: My question is directed to the
Minister of Home Affairs. Is your Ministry aware of the threat being caused by machete wielding youth because a lot of innocent people including old women are being maimed by these youth?
THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MADIRO): I thank Hon. Sen. Moeketsi for her question which is in regards to machete wielding youth or thugs, which is prevalent in the areas where artisanal miners are operating. It is true that in a lot of areas there is the scourge of the use of machetes. Machetes are illegal and it is illegal to possess a machete. Once you are found with one in your possession it is confiscated.
The Ministry of Home Affairs has increased police patrols in areas where there is this scourge of machete. They have added the number of police officers that are operating in that area in conjunction with the Ministry of Mines and Mining Development to outlaw people that do not have relevant papers to mine in concessions where they do not have the licences. This is what is causing artisanal miners who are busy mining to be involved in fights for possession of such mines or shafts. Once they become intoxicated with alcohol they become a security threat to the generality of the society.
I would want to assure the Hon. Senator that the police are busy at roadblocks as well as patrols of mining fields to ensure that those that are operating as artisanal miners have the relevant licences. At roadblocks, if people are found with dangerous weapons such as machetes they are confiscated. I would want to say the presence of police or the visibility of the police in these areas where the prevalence of machete wielding youth has become unpopular is under control. The police are ensuring that they put an end to this threat. I thank you.
+HON. SEN. P. NDLOVU: My question is directed to the
Minister of Women’s Affairs, Community, Small and Medium Enterprises. Hon. Minister since women are the hardest hit by poverty and you require collateral such as cattle from us in order to secure loans, what assistance can you proffer to us to enable easy access to these funds since we are the main family providers?
THE MINISTER OF WOMEN’S AFFAIRS, COMMUNITY, SMALL AND MEDIUM ENTERPRISES (HON. S. NYONI):
Thank you Mr. President and thank you Hon. Senator for the question. It is true that my Ministry represents the needs and wants of women, especially those who are poverty stricken.
The Ministry has various funds that we have set aside to assist these women and one of these is the Community Fund which does not require collateral to access, but just needs you to be a person of good standing who can honour her promises. It requires you to belong to a group of three to four women who share the same aspirations and projects. The group will then guarantee your application and promise to assist you in servicing the loan in the event of your failure to settle the loan. For example, they will state that ‘Please give Mrs. Ncube the loan, we are her surety’. This system brings unity amongst women and community.
The banking etiquette detects that you should know your customer because the monies issued by these banks are State funds and should be accessed by people who are known in the community and have surety that the loan will be serviced.
HON. SEN. NCUBE: My question is directed to the Minister of tourism. Minister what is Government policy on people who are attacked by wild animals?
THE MINISTER OF ENVIRONMENT, TOURISM AND HOSPITALITY INDUSTRY (HON. SEN. MUPFUMIRA): Thank
you Mr. President Sir. At the moment we do not have a policy for compensating people who are involved in human and wildlife conflict, but it is an issue that we are seized with to ensure that we support and protect people who have been affected by wildlife either through damage of crops, property and loss of life. It is something that is very topical in the Ministry as we speak. I thank you.
*HON. SEN. WUNGANAI: My question is directed to the
Leader of the House. Minister as we move around the different towns, we have observed that fuel queues are getting longer by the day, especially during the past three days. What measures are being taken in order to curb this situation?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President and thank you Hon. Member for the important question in regard to fuel shortage currently bedeviling the country. It is also true that we have long fuel queues in the country because of shortage of fuel. The Minister of Energy and Power Development, Hon. Chasi, has come up with an ICT tracking strategy to try and curb the situation.
It was realized that some of the fuel suppliers were diverting and hoarding the commodity in anticipation of a price increase so that they get more profit. We are trying to put that to an end. For example, there is a time when the country’s fuel consumption doubled, then you ask yourself whether the fleet of cars had also doubled? A lot is happening in the industry but our Minister of Energy and Power Development, Hon. Chasi, is taking steps to address the issue and end all these nefarious activities and corruption.
Questions Without Notice were interrupted by THE HON.
DEPUTY PRESIDENT OF SENATE in terms of Standing Order No.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
PROTECTION OF THE ENVIRONMENT FROM VELD FIRES
- HON. SEN. CHIMBUDZI asked the Minister of Environment, Tourism and Hospitality Industry to explain measures being taken to protect the environment from veld fires during the dry season and whether the Ministry has any plans to educate members of the public on the effects of deforestation or offer any incentives to individuals who do not engage in practices that harm the environment.
THE MINISTER OF ENVIRONMENT, TOURISM AND
HOSPITALITY INDUSTRY (HON. SEN. MUPRUMIRA): Thank
you Mr. President Sir, I would like to thank Hon. Chimbudzi for raising such pertinent issues that relate to the sustainable management of our environment.
Mr. President Sir, veld fires are negatively affecting lives and livelihoods. To this end my Ministry has come up with several measures to control the outbreak of veld fires through stakeholder engagement, environmental awareness through various platforms such as print and electronic media, education, training of stakeholders and fire fighting teams and environmental planning, among other initiatives. Furthermore, we have supported communities to engage in income generating projects whilst protecting the environment such as bee keeping, apiculture, hay baling and thatch grass combing. Communities are selling hay, thatch and honey in the process realizing alternative sources of income.
An average of one million hectares of land are burnt by veld fires every year. The bulk of veld fires are experienced in the A1…
THE HON. DEPUTY PRESIDENT OF SENATE: Order, order
Hon. Minister are you responding to Question number 4 or 6? It looks like you are responding to Question Number 6, but you can proceed and answer Question Number 6 then we revert to Question Number 4. Hon. Sen. Chimbudzi, ask Question Number 4 please.
HON. SEN. MUPFUMIRA: I am sorry Mr. President, I had two questions from Hon. Sen. Chimbudzi and I mixed them up. May I continue Mr. President?
THE HON. DEPUTY PRESIDENT OF SENATE: Yes, you
may proceed Hon. Minister.
HON. SEN. MUPFUMIRA: Mr. President Sir, let me highlight the role played by our traditional leaders, chiefs and headmen who have been instrumental in fighting veld fires in communal areas over the years and as a result veld fires have destroyed animals in these areas.
The issue of veld fires involves various ministries as espoused in the National Veld Fire Strategy of 2007 and these ministries are Members of the National Fire Committee. In light of the above mentioned issues it is my recommendation that we carry out the following:
- Come up with a position towards prioritisation of environmental management among other national priorities. The absence of environmental courts underrates environmental related offences, hence their importance to the general populace.
- Put in place measures to ensure that adequate fire suppression measures are put in place in A1 and A2 resettlement areas.
- Extend the jurisdiction of traditional leaders to include A1 and A2 resettlement areas.
- Continue engagement of communities, stakeholders and schools on veld fire management.
- Support of project aimed at reducing biomass.
The Environmental Management Agency (EMA) incentivices good environmental practices to promote community and stakeholder involvement in environmental stewardship. The programmes include competitions and support of community projects for communities implementing sustainable management programmes. An incentive system has been developed for industry to adopt cleaner technologies through pollution classification.
My Ministry through the Forestry Commission also frequently educates our citizens on the negative impacts of deforestation. We constantly engage tobacco farmers to find lasting solutions for tobacco curing that relieves pressure on our forests. The tobacco Wood Energy Programme has been welcomed in all tobacco growing districts. We are mandated to educate tobacco farmers on how to establish and successfully manage and utilise woodlots to provide own wood energy for curing their tobacco crops. My Ministry also provides technical training and advice to farmers and communities to enable them to run established nurseries and their own local reforestation and forestation programmes as strategies for dealing with deforestation. I thank you Mr. President.
PROTECTION OF COMMUNITIES FROM STRAY WILD ANIMALS
- HON. SEN. CHIMBUDZI asked the Minister of Environment, Tourism and Hospitality Industry to explain measures being taken by the Ministry to protect communities near game reserves from stray wild animals and whether there is any form of compensation in the event of an attack.
THE MINISTER OF ENVIRONMENT, TOURISM AND
HOSPITALITY INDUSTRY (HON. SEN. MUPFUMIRA): The
Ministry, through Zimbabwe Parks and Wildlife Management Authority is doing education and awareness programmes to educate communities in coexisting with the wildlife. The programmes ensure that communities and livestock are protected from carnivores, for example use of iron guardians who alert people in the event of lions straying into communities.
The National Parks through its partner has a chilli bricks and bomb programme used to scare away elephants. Parks have come up with new bases looking at hot spots for example in Tsholotsho, a base called
Makona has been set up for speedy reaction. In Buhera, a ranger base has been set up for speedy reaction in the event of problem animals in communities. We do not have a policy for compensation as I alluded to earlier on but it is something that is being considered. However, in some rural district councils there are mechanisms through campfire to assist with funeral costs in the event of human life loss. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Can we go
back to question number 4.
SAFEGUARDING OF WILD ANIMALS FROM VELD FIRES
- HON. SEN. CHIMBUDZI asked the Minister of
Environment, Tourism and Hospitality Industry to state measures being taken to safeguard wild animals and veld fires.
THE MINISTER OF ENVIRONMENT, TOURISM AND HOSPITALITY INDUSTRY (HON. SEN. MUPFUMIRA): Thank
you Mr. President. Question number 4 has been covered in the first presentation. Protection of wild life and humans from fires - they are all included in the first presentation.
CRITERIA USED BY THE WOMEN’S BANK ON DISBURSEMENT
OF LOANS
- HON. SEN. CHIMBUDZI asked the Minister of Women
Affairs, Community, Small and Medium Enterprises Development to:
- Explain the criteria used by the Women’s Bank to disburse loans;
- State the number of people who have received the loans to date per province;
- State whether women with disabilities have benefited from the loans;
- Appraise the House on the performance of the loans and the number of beneficiaries who have paid back to date; and
- Highlight the measures being taken to deal with defaulters.
THE MINISTER OF WOMEN AFFAIRS, COMMUNITY,
SMALL AND MEDIUM ENTERPRISES DEVELOPMENT (HON.
- NYONI): I would like to thank Hon. Sen. Chimbudzi for her question which is in five parts. The first part, The Women’s Bank is granting loans to women who have opened accounts and have expressed the desire to access loans by completing loan applications. In some instances, the Bank worked with women on specific value chains such as sorghum, cotton, castor beans and sesame where loans were disbursed in forms of inputs. The Bank is also working with development partners giving loans to capacitated beneficiaries. All economically active women qualify for loans.
- Accounts opened to date 58 313
DISBURSEMENTS BY PROVINCE
LOANS DISBURSED AUGUST 2018 TO 31 MAY 2019 | ||
PROVINCE | Clients # | Value |
HARARE | 873 | 1 425 426 |
BULAWAYO | 202 | 338 295 |
MASH WEST | 1184 | 896 762 |
MASH EAST | 237 | 565 864 |
MASH CENTRAL | 932 | 526 566 |
MIDLANDS | 6322 | 2 354 997 |
MANICALAND | 911 | 608 645 |
MAT NORTH* | 70 | 160 300 |
MAT SOUTH* | 80 | 259 000 |
MASVINGO | 881 | 556 040 |
TOTAL | 11692 | 7 691 895 |
Value Chains 2018-2019 Agriculture Season
Value Chain Finance | Farmers |
Masvingo – Sorghum VCF2 | 51 |
Gokwe – Sorgum and Sesame VCF | 2 000 |
Gokwe – Cotton VCF | 2 875 |
Makonde – Sesame VCF | 750 |
Chegutu – Sorghum VCF | 120 |
Raffingora – Sorghum VCF | 10 |
Mbire – Sorghum VCF | 160 |
Checheche - Sunflower | 500 |
Folio Fertiliser | 116 |
Castor Beans | 180 |
ZCC | 3 025 |
Total | 9 787 |
*Key value chains are being identified for goat production in
Matabeleland.
- Women with disabilities are most welcome to the bank and stand to benefit directly or indirectly. Currently, five have benefited from loans directly while 2 have benefited indirectly. The bank is exploring having the disability fund available by RBZ for castor bean farming for the disabled women.
- I am pleased to say the payment rate for loans is above 95% with the portfolio at risk greater than 30 days of below 5%, which is within the generally acceptable international standard. Loans are still being monitored with other borrowers in their second and third cycles as per need. This is due to the fact that the bank does a through preparation with the women before they disburse.
- Group loans are being monitored by the group members. Loan officers on the ground in each province are there to monitor whoever has been given the loans. After granting loans to women, monitoring is done to ensure that the loans are used for the intended purposes. Challenges are identified on time and necessary measures are taken also in time. In the event of failing to repay the loan, the reasons are identified and alternative solutions are mapped together with the client which may include rescheduling the loan. In cases of default where the client indicates signs of delinquent character, engagements are done with client and other relevant stakeholders to try to rehabilitate the client. If all fails, other recovery methods are pursued, including litigation where the loan amounts involved are significant. I thank you.
DEMAND FOR PASSPORTS
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to explain measures being taken by the Ministry to meet the surge in demand for passports which is evident in the long queues at the Registrar General’s Office.
THE DEPUTY MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. I thank Hon. Sen. Chimbudzi for her question. The department of the Registrar General is currently facing an increasing backlog of passport applications dating back to July 2018. This was mainly due to the unavailability of foreign currency to procure the needed consumables, including the passport paper. However, the
Ministry of Home Affairs and Cultural Heritage, in conjunction with the Ministry of Finance, has already made payments to the suppliers of such consumables. Once the department’s consumables arrive, services will be restored to normalcy.
GENDER EQUALITY WITHIN THE MINISTRY
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to explain efforts being made to facilitate gender equality within the Ministry.
THE DEPUTY MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President and I thank the Senator for that question. The concept of gender equality is officially recognised in the Ministry in compliance with Section 3 of the Constitution of Zimbabwe and several other provisions of the Constitution and SADC Protocol on Gender and Development as enunciated in Section 34 of the Constitution of Zimbabwe. This consciousness is always there during recruitment and promotions. A recent development is in Immigration Department where a female is at the helm of the department as the Chief Director. In the interest of time, I will not go into the statistics of Senior Managers per department as outlined in the table below but suffice to say that it is averaging 35% per department.
Department | Senior
Managers in Post |
Males | Females | Percentage of females | |
Immigration | 11 | 7 | 4 | 36% | |
Registrar General | 12 | 7 | 5 | 41% | |
National Archives | 3 | 3 | 1 | 33% | |
Head Office | 10 | 6 | 4 | 40% | |
National Museums | 10 | 7 | 3 | 30% |
For Zimbabwe Republic Police, the update on gender mainstreaming focusing on recruitment, training and promotion for the period January to date covers recruitment, training sponsored courses, junior officers’ development programme, driving schools, peace keeping deployments and promotions. The aggregate grand total coming to 6 606, 34% of that are women but the detailed breakdown is provided on the table below.
Total Number | Males | Females | Percentage of Females | |
Recruitment | 1679 | 999 | 680 | 41% |
Training Sponsored courses | 1116 | 761 | 355 | 39% |
Junior Officers
Developmental Programme |
330 | 271 | 59 | 18% |
Driving Schools | 2157 | 1638 | 519 | 24% |
Peacekeeping Deployments | 143 | 77 | 66 | 46% |
Promotions | 1181 | 615 | 566 | 48% |
Grand Total | 6606 | 4361 | 2245 | 34% |
The Ministry continues to make conscious effort for gender equality within all departments. I thank you.
UTILISATION OF THE MEDIA ON DISASTER SYSTEMS
- HON. SEN. CHIMBUDZI asked the Minister of Information, Publicity and Broadcasting Services to explain measures being taken to utilise the media as part of early warning for disasters systems so as to prevent loss of human life.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you Mr. President. I would like to thank the Hon. Senator for asking this question. The Ministry works with agencies like the CPU which is the Civil Protection Unit. I am sure the Hon. Senator is asking this in realisation of what happened in Chimanimani and Chipinge when that colossal calamity Cyclone Idai hit us. We work very closely with the Meteorological Services Department, NGOs and other Government departments in disseminating early warnings of disasters. Mr. President, I just want to let the House know that the Ministry deploys information officers in all our provinces and we are actually trying to cover every district with an information officer to make sure that no information will go without our people having it.
As a Ministry, we have also embraced social media as the fastest way of communication. So, through the CPU, which is under the Ministry of Local Government, I would also like to say, our traditional structures are very critical when it comes to disseminating information of early warnings. I am talking here about our village heads, our headmen, chiefs, starting from the ward level so that information can be disseminated very fast.
I also want to say, the Broadcasting Services Act requires that all radio stations, private and public, should air free of charge, early warning related disasters. This is why I was talking earlier on about the need to licence more community radios. My Ministry will also be negotiating with all newspapers to convey early warnings on disasters. We are also in the process of licencing more community radios and this will be coupled with new forms of communication, not just WhatsApp but Twitter and all the new phenomenon of social media to relay warnings of disasters. Certainly, we will appreciate working with anybody who would help in giving out early warnings. I thank you.
UTILISATION OF THE ZUNDE RA MAMBO CONCEPT
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to explain whether Government has any plans to utilise the Zunde RaMambo concept as a drought mitigation strategy.
THE MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
HARITATOS): Thank you Mr. President Sir. Thank you to the Hon. Member for the question. Hon. President Sir, Government has plans to encourage the Zunde RaMambo concept. Chiefs will be supported with inputs for strategic grain crops which will be grown to feed the vulnerable groups of the community. Thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: On question
21, Hon. Minister, I think you have already answered this question. I will ask you to submit your answer.
WRITTEN SUBMISSIONS TO QUESTIONS WITH NOTICE GENDER REPRESENTATION IN GOVERNMENT INSTITUTIONS
AND AGENCIES
- HON. SEN. SHOKO asked the Minster of Women Affairs, Community, Small and Medium Enterprises Development to state when the Ministry would bring up a Bill to ensure both genders are equally represented in all Government institutions and agencies as provided in section 17 of the Constitution of Zimbabwe.
MINISTER OF WOMEN AFFAIRS, COMMUNITY, SMALL
AND MEDIUM ENTERPRISES DEVELOPMENT (HON.
NYONI): I want to thank Hon. Sen. Shoko for raising this important question which has significant Constitutional ramifications. Our Constitution specifically provides for gender balance in Section 127 whilst section 56 provides for equality and non-discrimination among other key gender responsive provisions. Section 80 outlines the rights of women, that women have full and equal dignity of person with men including equal opportunities in political, economic and social activities.
As a nation, we are also a signatory to various regional and
international protocols on gender equality. My Ministry, together with its affiliates, particularly the Gender Commission, other line Ministries and progressive Civil Society Organisations has been frantically working on and more specifically 50-50 representation in decision making positions. We have been conducting campaigns, convening workshops to capacitate potential decision makers and knocking on the doors of Ministries responsible for parastatals demanding the allocation of positions on Boards to women.
We are against the practice by some ministries to continue allocating posts on Boards of State entities predominantly to men, a clear violation of the Constitution. Local authorities rank top on the list of bad performance as only 13% of councillors are women.
My ministry has submitted inputs through a position paper on the 50-50 principle and we look forward to the speedy passage of the Criminal Law and Codification Act which is expected to incorporate this principle. Honourable Members, in collaboration with the Gender
Commission, we are working on how best to speedily attain the 50% threshold. Rigorous consultations are ongoing including looking at best practices from other countries and currently we have zeroed in on considering four options namely
- Extending the 60 seats
- Reforming the electoral system
- Reservations of seats
- Gender Equality Act whose drafting has commenced.
I wish to implore on Hon. Members for their patience as we embark on interrogating these options and developing practical models. We should all be aware that even when the Gender Equality Act is in place, decision making positions may not have takers hence the importance of us mobilising communities, capacitate them and secure mentorship to enable the women to gain confidence to take up high positions. We are also targeting Tertiary and Higher Education institutions where we will groom and encourage young women to participate in politics. I thank you.
EMPLOYMENT CREATION FOR THE YOUTH
- HON. SEN. CHIMBUDZI asked the Minister of Youth,
Sport, Arts and Recreation to explain measures being taken to encourage and support youths to start their own businesses in order to create employment in the country.
THE DEPUTY MINISTER OF YOUTH, SPORT, ARTS AND
RECREATION (HON. SIMBANEGAVI): Mr. President, in response
to the question posed by the Hon. Senator, my Ministry recognises that employment creation is a key national priority for Zimbabwe to attain its vision of becoming an upper middle class income society by 2030. To this end, the Ministry has a number of programmes that encourage and support youth to become entrepreneurs and start their own businesses. Among these are:
- Entrepreneurship and Enterprise Development Programme which equips the youth with the prerequisite entrepreneurial skills. The programme is open to all youths and is run through the Ministry’s provincial structures to ensure wide coverage.
- Training for Enterprise (TFE) Programme is one of the Ministry’s flagship programmes that equips youth with technical vocational skills to enable them to start their own enterprises. The programme focuses on a 20:80 approach, where 20% of the training is theoretical and 80% is hands-on practical work. This involves setting up practical production units at Vocational Training Centres and sending trainees for internship. The programme runs at all the Ministry’s 42 Vocational Training Centres (VTCs) countrywide.
- Production and incubation hubs – these are centres established, based on regional comparative advantages meant to mobilise and incubate youth in various production lines. The hubs provide youth access to appropriate equipment, technology and workspace. The youth are then incubated for a period ranging from three months to one year, after which they go and set up their own business units. Some of the hubs that have been established and those that are at various stage of establishment include:
- Three tobacco production hubs supported by BAT where young farmers are trained to effectively participate in tobacco farming and value chain. These are situated at Chaminuka VTC in Mashonaland Central Province, Mashayamombe VTC in Mashonaland West Province and Magamba VTC in Manicaland Province.
- Two dairy production and incubation hubs where youths are trained to competently engage in dairy production and dairy value chain. The hubs are situated at Kaguvi VTC in Midlands Province and Umguza VTC in Matebeleland North Province.
- One Boer Goat production and incubation hub where youths are trained in goat farming and goat value chain opportunities. The hub is situated at Phangani VTC in Matebeleland South Province.
- One fruit and vegetable processing hub, where, to date, a pack house has been established to provide ready market for horticulture produce. The hub is situated at Tabudirira VTC in Mashonaland
East Province.
- Two motor mechanic hubs situated at Mutare and Zvishavane VTCs in Manicaland and Midlands provinces respectively. The hubs are aimed at providing youth with access to specialised technology as well as competences in motor mechanics.
- One clothing technology hub at Mutare VTC in Manicaland Province which provides youth with key competency required for the clothing and textile industry.
- One cosmetology hub in Bulawayo Province which provides youths with decent workspace for them to competitively participate in the industry.
- One events management hub which seeks to train youths in events management providing them with key skills.
- Sport has the potential to create employment for youths in the country, hence, the realisation of Government to improve sport development in the country. To this end, the Ministry is developing sporting facilities and running talent development programmes that will enhance podium performance. To date, the
Ministry has established the National Sports Academy at Bindura University of Science and Technology, Mashonaland Central. It has developed a Tartan track for athletics development at Chaplain
High School in Midlands Province. The Ministry is establishing a
Multi-purpose sporting facility in Ncema Valley, Esgodini, Matebeleland South Province. Community Sports Clubs were established in all provinces.
- The entertainment industry is a modern business entity dominated by youth in this country. The Ministry has developed programmes through the National Arts Council (NAC) of Zimbabwe in both the entertainment business and user-friendly technology to prepare youths for careers in this exciting, challenging and rewarding industry. The Ministry is also facilitating the participation of youths at various festivals locally, regionally and internationally.
- Youth financial inclusion and access to credit through EmpowerBank. EmpowerBank provides financial mediation functions biased towards youth. These include banking services and provision of loans for youth business start-ups and expansions.
- The National Youth Service is equipping youths with community development skills through volunteer programmes and Youth Build Zimbabwe Programme.
- The Ministry is developing the National Youth Employment Strategy and reviewing the National Youth Policy. The Ministry will be engaging all stakeholders in the development of the aforementioned critical policy documents.
The Ministry is at an advanced level of discussion with Old Mutual Zimbabwe to set up a successor Programme to Kurera/Unkondla Youth Fund. This will be another youth economic empowerment facility.
Mr. President, my Ministry strives to do more to avail employment creation opportunities for the youth. We therefore call for support and guidance of this august House for the Ministry to achieve this mammoth task of according youth employment opportunities.
Questions with Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order No. 62.
MINISTERIAL STATEMENT
THE AFRICAN ELEPHANT
THE MINISTER OF ENVIRONMENT, TOURISM AND HOSPITALITY INDUSTRY (HON. SEN. MUPFUMIRA): Thank
you Mr. President Sir. Allow me to present to the House my statement on the African Elephant. Zimbabwe has a proud history of successful elephant conservation, and is one of the key elephant range states and home to the second largest remaining elephant population in the world.
Of the world population of about 500,000 elephants, approximately
83,000 from the last national aerial survey done in 2014 are in
Zimbabwe against the ecological carrying capacity of 55 000. Botswana has a population of 130 000 elephants, being the highest in the world and Zimbabwe being the second highest.
Zimbabwe’s major elephant range, which is the basis for all national surveys is 67,898 km2s, covering approximately 17% of the country’s total land area. In the early 1900s, the elephant population in Zimbabwe was estimated to be about 4,000. By 1980, the population had increased to an estimate of 46 426 elephants. The population continued to increase and in 1993, it was 58 185 and currently, we are looking at 83 000. This increase was noted besides attempts to limit elephant population growth between 1960 and 1989 through culling exercises in tsetse control areas and State protected areas.
The increase in elephant population in the country is attributable to the robust management practices. Zimbabwe subscribes to the principle of sustainable utilisation of wildlife resources, including elephants. The principle of sustainable utilisation entails ploughing back revenues generated from utilisation back into conservation. The high economic value conferred to the elephant through consumptive utilisation has also resulted in increased tolerance by local communities.
The African elephant and the Convention on International
Trade in Endangered Species of Fauna and Flora (CITES)
The African elephant has been the subject of much discussion in international fora such as the CITES. The conditions for trade in elephants and their parts and derivatives have been the subject of often acrimonious debate with onerous conditions being placed upon those countries whose elephant populations are currently on Appendix II such as Zimbabwe.
Within the CITES framework, species listed in Appendix I are not allowed to be traded for commercial purposes; while Appendix II allows for regulated trade. With regards to elephants, four countries are listed in Appendix II (with annotation or specific conditions) – these being Zimbabwe, Botswana, Namibia and South Africa. Key to note therefore is that CITES, the African elephant is Split listed under Appendix I and Appendix II. Populations in East, West, Central Africa and parts of Southern Africa are in Appendix I, whilst the populations of the above mentioned four countries are in Appendix II.
A moratorium on international trade on elephants has been in place since 2009 until 2018. Meanwhile, ivory stocks held by the countries whose populations are in Appendix II have continued to grow. This has placed an undue burden on such countries to secure this valuable resource without necessarily benefiting anything to plough back into the conservation of the same species. Zimbabwe is currently holding ivory stocks worth about US$300 million and another US$300 million for the rhino. Any efforts by Southern African Elephant Range States to manage their populations is subjected to constant negative media glare with much of this coverage ignoring the plight of the rural communities who bear the brunt of living with such dangerous wildlife species.
It is however, appreciated that the African elephant population has declined at continental level, with East, West and Central Africa accounting for most losses whilst in Southern Africa, most populations are either stable or increasing. There is a serious concern about the recent upsurge in the illegal offtake of elephants on much of the African continent. While overally, poaching has not had the same impact in Southern Africa as in other regions, it has severely affected some populations. The challenges of poaching notwithstanding, elephants in Southern Africa continue to be found outside protected areas with vast swathes of elephant range found in unprotected areas.
Major challenges to Africa elephant conservation include trade restrictions that have adversely affected sustainable utilisation of elephants at local levels. As such, local communities suffer human elephant conflict as they adopt alternative land use options such as crops, agriculture, which conflict with elephant conservation in the range areas as elephants destroy crops, compete for forage with livestock and threaten their livelihoods and food security.
The search for a lasting solution to challenges posed by elephants is one of the most significant conservation challenges facing many governments in the Southern African region, the home to the largest number of elephants in the world. About 75% of the African elephant populations are found within the Kavango Zambezi Transfrontiner
Conservation Area (KAZA TFCA).
Zimbabwe, along with partner counties of the KAZA TFCA supports inclusive and robust elephant population management following the dictates of our National Elephant Management Plan and the African Elephant Action Plan and sustainable use of our natural resources including elephants. The Ministers approved the KAZA TFCA Elephant Planning Framework as a strategy for harmonising the management of KAZA TFCA elephants as a contiguous population. We are in the process of developing a similar framework for the Great Limpopo Transfrontier Conservation Area (GL TFCA).
We will continue to champion the development of Transfrontier Conservation Areas (TFCAs) with partner countries in the region to ensure ecological connectivity necessary for the survival of elephants, recognising the movement of corridors and transboundary dispersal areas. As a conservation champion, we will continue to honour our obligations for the development of transboundary conservation initiatives such as the Kavango Zambezi TFCA (Angola, Botswana,
Namibia, Zambia and Zimbabwe), the Great Limpopo TFCA (Mozambique, South Africa and Zimbabwe), the Greater Mapungubwe
TFCA (Botswana, South Africa and Zimbabwe), Chimanimani TFCA (Mozambique and Zimbabwe), Lower Zambezi-Mana Pools (Zimbabwe and Zambia), ZIMOZA (Mozambique, Zambia and Zimbabwe).
We also remain grateful to the Peace Parks Foundation, Frankfurt
Zoological Society, European Union, the German Government through KfW and GiZ and several other conservation partners working with us in these initiatives that are contributing to elephant range expansion for the pivotal role they are playing and supporting us to realise the shared vision.
At COP18, Zimbabwe submitted a proposal for the revision of
Annotation 2 pertaining to proposing to open up trade in ivory from its stockpile and at the same time, the African Elephant Coalition Group is proposing to up the list of elephants in Appendix I. Zimbabwe is going to defend its current listing in Appendix II and at the same time push for the opening up of trade in elephant ivory. Zimbabwe is lobbying other countries that support the principle of sustainable utilisation for support at the upcoming CITES COP18.
KASANE ELEPHANT SUMMIT
The summit whose theme was “towards a common vision for management of our elephants” focused on the management of the shared KAZA elephant population was held from 2nd to 7th May 2019. The specific objectives of the summit were to raise awareness on the current status of the African elephant in the Southern African region; exchange of ideas on human-elephant conflict, illegal and legal trade, and reach agreement on concrete interventions to address the challenges posed.
We reflected on the status of the African elephants in the KAZA TFCA and noted that while overall numbers have declined, it is evident from available data that countries such as Botswana and Zimbabwe have large populations. Namibia and Zambia populations are increasing while Angola has a small population.
We further noted that even as numbers continue to grow, human elephant conflict is escalating in much of the elephant range due to competition for limited resources and the effects of climate change. The conflict is aggravated by inadequate local level participatory land use planning and conflicting land use policies. It was also recognised that communities are often not adequately empowered to deal with this conflict.
We also noted with concern, the recent upsurge in illegal offtake of elephants on much of the African continent. If this state of affairs is allowed to continue unabated, it will pose a very real threat to the survival of this iconic species in much of its range.
We also acknowledged that the African elephant has been the subject of much discussion in international fora such as the Convention on International Trade in Endangered Species of fauna and flora (CITES). The conditions for trade in elephants and their parts and derivatives have been the subject of often acrimonious debate with onerous conditions being placed upon those countries whose elephant populations are currently on Appendix II. Efforts by Southern African elephant range states to sustainably manage their populations are subjected to constant media scrutiny which often does not take into consideration the aspirations of the KAZA range States. We had a general understanding that communities deserve to derive benefits from the sustainable utilisation of natural resources including elephants, particularly since they are the ones who bear the brunt of living side by side with these elephants. In reaching agreement on the specific actions to be taken to manage the KAZA elephants, we recognised the principle of sovereign equality and territorial integrity of the respective partner
States, acknowledged the variable state of readiness of KAZA partner States to adopt all resolutions and noted the uneven distribution and abundance of elephants across the KAZA landscape. We further resolved to:-
- conduct transboundary coordinated and synchronised KAZA wide aerial surveys of elephant (and other wildlife populations) according to standardised methodologies to allow comparability across the KAZA landscape;
- harmonise management of elephants as much as possible while taking into account national peculiarities and priorities;
- provide for integrated land use planning and harmonisation of land use policies at KAZA level;
- provide incentives for communities to continue tolerating and co- existing with elephants;
- ensure that the management of elephants is adaptive;
- standardise approaches to stockpile management;
- improve regional collaboration on wildlife crime through implementation of the Southern African Development Community Law
Enforcement and Anti-Poaching Strategy;
- Engage transit and destination countries to address issues of demand reduction for illegal ivory;
- Effectively engage the international community on matters related
to elephant conservation and management including lobbying for support for the proposals submitted by KAZA member States to CITES CoP 18.
Mr. President, next week starting this Sunday 23rd to 25th June, we will be hosting the first Wildlife Economy Summit coordinated by the African Union and the United Nations Environment Programme. This will be hosted in Victoria Falls. The summit is going to present a platform for Zimbabwe to showcase its wildlife conservation successes, share its principle of sustainable conservation and at the same time highlight the share of Zimbabwe’s position on elephant management as we prepare for CITES CoP18. Wildlife Economy drives rural development and prosperity through the sustainable utilisation of wildlife resources, the socio-economic benefits of wildlife tourism and other diverse services offered by the conservation industry including taxidermy players that are involved in processing of wildlife products.
Its outputs are linked to the Transitional Stabilisation Programme
(TSP 2018-2020) for Zimbabwe and the vision of making Zimbabwe a middle income economy by 2030. It is further linked to Government’s biodiversity targets under the National Biodiversity Action Plan because
Zimbabwe is endowed with abundant and diverse wildlife resources.
There is a great opportunity to grow the wildlife economy.
Mr. President Sir, with these submissions, allow me to invite Hon.
Members and colleagues in wildlife prone areas to make use of my
Ministry’s presence to educate and empower them on human/wildlife conflict. My Ministry is empowering communities to benefit from their flora and fauna. I would like to inform the House that at this summit in
Victoria Falls, there are various topics, presentations and engagements. There is a particular one on Sunday 23rd at the Elephant Hills at 0900 hrs where there will be a discussion involving communities and traditional leaders. I would urge those available to participate so that we talk about the effect of wildlife on our communities and how we propose to ensure that the communities participate and are engaged in any discussions involving human wildlife communities and the economy.
Thank you Mr. President, for this opportunity to present my paper in this august House. We realised as a Ministry, that there were many discussions and questions about elephants and a lot of people are not very informed about what is going on as far as wildlife, in particular elephant situation is in the country. I thank you.
THE HON. DEPUTYPRESIDENT OF SENATE: Thank you
very much Hon. Minister for that very topical and educative statement. I am sure that Hon. Senators have appreciated it. Hon. Senators, are there any clarifications that you may want from the Minister?
HON. SEN. MAVETERA: Thank you Mr. President Sir. It is
not a clarification but to commend the Minister for the statement. What is disturbing is, we got statistics that we have stock loads of tusks worth $300 for elephants and rhinos respectively. I think that as a country we should at these international for a, try to push people because we cannot be punished for being good and we should benefit as a country. I think that when we attend these international fora we should be pushing for national interest because that is one of our competitiveness and we have to benefit.
Imagine if we had to offload this, it would help us in resolving most of our problems. I thank you.
HON. SEN CHIEF SIANSALI: Mine is just some clarity to say
to the Minister, before she even made this statement, there was a lot of talk from the traditional leaders, especially those from Matabeleland North where I represent to say, by Monday not a single chief had been invited to the summit. Most of the chiefs in Matabeleland North live adjacent to national parks and they are the ones who are witnessing those human wildlife conflicts.
I do not know whether or not the Minister, now that she has stated that on Sunday is when we will have that topical issue between traditional leaders then I felt involved; if I am not invited as a Senator Chief from the same area, I wonder if there is any another chief and if there are any traditional leaders that are going to attend? May be, if the Hon. Minister could furnish the House with the names of those who got invitations to the summit. I thank you.
HON. SEN. CHIEF MATHUPULA: Thank you very much Mr.
President and not to put the Minister in a tight corner as I am also a Chief Senator from the area. My area is next to the national park and we have just been hearing about this wildlife summit that is coming up.
My question is more about the KAZA initiative, we have been hearing a lot about so much funds that were supposed to benefit communities at Government level. There were still talks to unlock those funds. How far is that moving? I thank you.
HON. SEN. MUPFUMIRA: Thank you Mr. President Sir. I want to thank the Hon. Members and our chiefs for the comments and questions.
First of all, the summit is being organised by the African Union and United Nations Environment Programme. We bid to be hosts and we won the bid, so we are happy about that move. All the invitations are coming from the African Union and as late as this afternoon, with my team, the Permanent Secretary who is seated in the Gallery there, we have been fighting with the organisers that we need more representation from our own because this is an African continent and not a Zimbabwean issue. We are Zimbabweans and being the Ministry responsible, we have been fighting to ensure that we get representation.
As a Ministry, in the Lower House, there is a Portfolio Committee on Environment and Tourism. We extended an invitation to the Committee and they will be sending four representatives and their clerk to the summit. We also invited the Portfolio Committee on Foreign
Affairs, the Chairperson and Deputy Chairperson to represent us. Yesterday, after presenting my statement in the Lower House, I must say that it was a very lively and positive debate with national interest from all political parties. The debate was very lively and we had positive contributions and in the end, I just said no I must talk to these people in Nairobi that we need to include more people. Today, I extended invitation to three Hon. Members from the Lower House whom I saw would assist us in our debate. They showed passion and interest in the debate and I extended invitations to them. I think earlier on you saw me going out to see the three Hon. Members whom I thought were fighting very hard in Zimbabwe’s corner. Like the Hon. Member said, we have to put national interest first.
We only heard this morning because that is outside the main agenda that there is a communities meeting on Sunday and that is when we were calling and finding out that there is that meeting scheduled for
Sunday morning yet we were not even aware of it. ‘Who are you including?’, because they are bringing communities from all over Africa and we then said no, we are going to invite our own community leaders to participate. However in this House, we had extended two invitations; one to the President of the Chief’s Council and his deputy. Those invitations went out a week or two ago and that is definite. As I am debating, I am finding interest and since we just discovered today that there is a session on communities, we need to be properly represented, because that document or resolution from that discussion will then come to the main sessions on Monday and Tuesday where our President will be the guest of honour. I am happy to say that we have three other Presidents who have confirmed and are coming. These three will share a platform with our President. These three presidents are from Namibia, Botswana and Zambia. They are coming to support the summit, showing how important the summit is.
I am however very delighted and I will make sure that if there are chiefs who want to be present, I am going to make sure that they come to the summit but it is not because of me – we invited your leaders and hoped that you would communicate amongst yourselves. My team and I will extend extra invitations to those people living in the areas who can talk about elephants. I think half of the people in here do not understand when we talk about elephants. One has to go to Gonarezhou, Mana Pools or Hwange to understand what we are talking about. It is really a serious problem.
We are barred by other people to sell our own animals and yet we have this human-wildlife conflict. I am sorry that the message is coming to you late but we are not closing the doors for our traditional leaders.
We had a big fight this morning with UN Environment saying we want our traditional leaders and the communities to come and explain what is happening. We have also invited one of Director General for CITES. We are going to move around with them to places where there are people living with animals so that they understand that people are suffering. That is the issue on invitations. I am still available to give the invitations to you. We will defend and make sure that you participate in the discussion on Sunday at Elephant Hills at 0900 a.m.
There was an issue about the CAZA initiatives and the unlocking of values, it is a fact that we have been excluded from the rest of the world. There were sanctions even including disbursement of funds to CAZA. They would give other countries and exclude Zimbabwe, but since the coming in of this new dispensation, and certainly during my time, we have engaged to include the British. I am happy to tell you that the British Secretary for Environment and Tourism is coming to this summit. I received a letter today stating that he wants to sit with CAZA and see that we unlock what was locked for Zimbabwe. EU and Germans have also warmed to us.
It is a lot of engagement going to these countries putting the Zimbabwe story and so far the response has been positive. I know that the EU has said that they are unlocking the money which was locked for Zimbabwe only. As CAZA, we were not working very well with Botswana but I am happy to say that the new Minister of Environment and the President are very positive and they are seeing things Zimbabwe views as very important and we are working together. Even before the summit on Sunday, we are going to have a CAZA Minister’s meeting, and we will later on have a SADC Ministers’ meeting so that we have a common position when we go to CITES.
We are fighting with people without animals and they will sell, do not sell but we have a lot of them and we want to sell – [HON.
MEMBERS: Inaudible interjections.] -
THE HON. DEPUTY PRESIDENT OF SENATE: Order,
order. Can we listen to the Minister?
HON. SEN. MUPFUMIRA: Thank you Mr. President Sir. These various initiatives like going to Kasane Summit talking, and now we have an opportunity; everybody is coming to Zimbabwe for this very important summit. We must make sure that we are well represented, we present well and make sure that as CAZA we benefit.
What is very important is that the local communities must benefit. I had an incident when I went to Gonarezhou last week. I spent three days there and I learnt a lot. I would urge the Legislators to also take time to go and understand what we have as Zimbabwe. When I went there, they were explaining to me. The issue of animals is not a joke.
There are so many lions, hyenas, you name it - other than the elephant. Elephants will just destroy property. We are trying to erect fences in certain areas so that we protect humans from the wildlife but there is a lot of community projects that are going on.
As a Ministry, we are going to re-launch the CAMPFIRE project in a big way so that the people living with the animals benefit. It cannot be that our lions or elephants are for tourists. Yes, I want tourists to come but the people must also benefit. We have a project in Tsholotsho where we are building tented lodges for the communities and viewing platforms so that when visitors come, the community benefits. That way also, our community becomes the first line anti-poaching and we need to educate and inform the whole country to rally behind supporting the initiatives which we want to make sure that we can trade.
We need $600 million which is locked, but we cannot get it – we are not allowed. I thank you Mr. President.
On the motion of THE MINISTER OF ENVIRONMENT,
TOURISM AND HOSPITALITY INDUSTRY (HON. SEN.
MUPFUMIRA) the Senate adjourned at Twelve Minutes to Five o’clock
p.m. until Tuesday, 16th July, 2019.
PARLIAMENT OF ZIMBABWE
Wednesday 19th June, 2019
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)
ICT LITERACY TRAINING SESSIONS
THE HON. PRESIDENT OF SENATE: I wish to remind the
Senate that there will be half day ICT literacy training sessions for Members of Parliament. The sessions will be held at the TelOne learning centre near the Harare Show grounds in Belvedere from 17th June to 12th July, 2019. The training will be conducted in groups of 40 members over a period of three days. Officers from the Information Technology Department will be stationed at the Members Dining Hall every sitting day from Tuesday 18th to Thursday, 20th June, 2019 for registration purposes.
Further to that, Hon. Members are advised that those who registered for group two are starting tomorrow Thursday, 20th June, 2019
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
First Order read: Adjourned debate on motion on the Report of the
Speaker of the National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral visit to the Shura Advisory Council, Doha, Qatar, from 30th March to 4th April, 2018.
Question again proposed.
HON. SEN. MOHADI: On point of order Madam President. I thought since we have lost one of our Hon. Members in the National Assembly, we will stand up and observe a minute of silence.
THE HON. PRESIDENT OF SENATE: I am being advised that
it is done in the House where he sits.
HON. SEN. MUZENDA: I move that the debate do now adjourn HON. SEN. MKHWEBU: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th June, 2019.
THE HON. PRESIDENT OF SENATE: Can I remind Hon.
Senators that we have to concentrate on the business of this House because I can see that some of us, their minds are not in this House. I
have been asking a question. It is not just doing it to pass a day; we should participate.
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE AFREA
CONFERENCE ON MONITORING AND EVALUATION HELD IN
ABIDJAN
Second Order read: Adjourned debate on motion on the Report of the delegation to the AfrEA Conference on Monitoring and Evaluation held in Abidjan, Cote d’Ivoire.
Question again proposed.
HON. SEN. A. DUBE: Thank you Madam President. I want to thank the mover for the report of the delegation which went to Cote d’Ivoire. The report talked about technology. Technology was identified as a key enabler for effective Monitoring and Evaluation. Because of this reason, it was identified that there is need for member countries to bench mark, institutionalise and promote stakeholder participation. In this regard, several African countries have set up formal structures for Monitoring and Evaluation that will assist the Government with accountability barometer.
Monitoring and Evaluation is paramount in the country because development programmes and projects require appropriate and effective Monitoring and Evaluation systems that will measure performance, assess impact and draw lessons from previously implemented programmes and projects. Hence it is important not only within the Government but with any organisation that exists within a community society.
Madam President, notable countries in Africa such as Rwanda, Benin, Uganda and South Africa are some of the countries that have adopted Monitoring and Evaluation and have since recorded significant achievements in the implementation of Government programmes. First world countries like Australia, Malaysia and Japan also have good and strong Monitoring and Evaluation systems. As a result, corruption has lessened and the accountability of the Government and other public institutions has been strengthened.
However Madam President, the adaptation of Monitoring and Evaluation at national level has led to realisation that there is a gap in knowledge and understanding of the course and how it works. This is evidenced by the fact that there is lack of technical personnel and specialists to drive the agenda, let alone young people and adults who have mastered how Monitoring and Evaluation works and what it aims to enhance if Zimbabwe is to implement M & E, the people in high offices have to understand what M & E can do for an organisation and the country at large. To implement these strategies in Zimbabwe, there is need to establish the current position, submit preliminary monitoring and evaluation report consequent upon engaging various relevant stakeholders. A national monitoring and evaluation conference should be held in order to create awareness and consensus on the phenomenon of monitoring and evaluation. There is also need to cultivate a culture of monitoring and evaluation across the country through public media, social media, churches, workshops and civil society organisations. This will not only benefit the Government but will also help other organisations in being accountable, assess management and growth of the organisations.
Countries like South Africa and Benin have used M&E as a tool to fight corruption as it provides a platform for accountability and transparency. These countries have developed and implemented their evaluation systems so much that they now extend beyond national level, and it goes down to provincial and municipal levels. Monitoring and evaluation provides a proactive and reactive mechanism in the fight against corruption as evidenced by South Africa and Benin. The systems for M&E are undertaken at the diagnostic, formative and summative longitudinal stages.
It was recommended that Government officials and parliamentarians be capacitated through some awareness and appropriate training programmes that will help them understand the programmes. It was also recommended that resources should be made available to these people as this will help them through their projects and programmes. Monitoring and evaluation will strengthen the Government of Zimbabwe against corruption and will also enable the country to keep up with the neighbouring countries such as South Africa and Benin. I thank you.
HON. SEN. CHIEF NECHOMBO: I move that the debate do now adjourn.
HON. SEN. CHIEF NTABENI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th June 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human
Rights Commission Annual Report.
Question again proposed.
*HON. SEN. SHUMBA: I would also want to debate on the report of human rights which was moved by Hon. Sen. Chidawu. I shall behave as if I am a preacher Madam President, but I will be talking about human rights. Human rights have been in existence from time immemorial. Even in the Bible if you look at Numbers Chapter 27, you will find that there was a man who had seven girls. The man did not have a son. According to their customs and traditions, a girl child could not inherit her father’s estate. The seven girls stood up and went to Moses and the priests said that since their father had a lot of riches and had died without a son who could inherit his father’s estate, Moses failed to come up with an answer. He went to God to consult and that is when the human rights came into play and the girls were given their rights.
God said from today henceforth, I give a law that if man was to die without a son, the girl child should inherit the man’s wealth. That is a law that came from God. That is why I said it has been in practice from time immemorial.
I continue with the issue of human rights still within the confines of the Bible. You will find that it was unlawful or not permitted for us as women to stand at the pulpit and preach. The first woman to preach at the advent of Lord Jesus was a woman who said I have found a person who gave me everything and that is when it was recognised that women can also go at the pulpit and preach. That is when human rights came into play.
Madam President, I will then come to our country Zimbabwe. During the colonial era of Ian Smith, women were seriously oppressed because they were not allowed to have their own national identity cards. I recall that women were not permitted to earn the same salary as their male counterparts doing the same line of work. A woman would be given less. Women were not allowed to have their own national identity cards. They were not even allowed to sit in Parliament but now they are here in Parliament because of these human rights. I am quite grateful and I would like to express my gratitude to those that prosecuted the war of liberation struggle and removed all oppressive systems.
Women are now equal to men when it comes to remuneration and other tenets. I would want to thank the liberation fighters who liberated us because at the advent of our independence, it was realised that women can also obtain national registration documents on their own and that they could even operate their own bank accounts. Things have been moving in such a direction. These are all human rights that were encapsulated in our society at the advent of our independence after the prosecution of the liberation war, hence I had to stand up and say this is a good report.
A short while ago we were discussing about the 50/50 issue and realised that it was going to present problems for us. This was while we were watching the Mai Chisamba Show where they were discussing issues and I said that women should not be given the rights to do as they please in the home. The word of God tells us that the man is the head of the house, but when we come to politics others are advocating for women to openly tell their husbands that they are visiting their boyfriends and vice versa. Would this be socially moral - even if we call them human rights? We should not be abusing these human rights.
Madam President, this is my contribution on the Human Rights motion.
I thank you.
*HON. SEN. TONGOGARA: Thank you Madam President, I
just want to appreciate the biblical history that has just been presented to us because personally I was not aware of it. All I had to put on the table was the role that was played by our liberation war fighters who made us to be independent today. I would want to thank Hon. Sen. Chidawu for tabling this motion because it has helped in highlighting the human rights issues and is useful history.
I also want to thank the Thematic Committee on Human Rights for the sterling work that they did in highlighting the weaknesses and strengths in the observation of these Human Rights. Their report also highlights on the welfare of our prisoners whose human rights issues also need to be considered. It is my hope that Treasury, considering the current state of our economy, will be able to avail a budget for the rehabilitation of our prisons so that the welfare and upkeep of our prisoners improves, and they can live comfortably. We all know that to err is human and the same humane acts should be practiced even for those who are in incarceration. It is my fervent hope that this word will get to the Minister of Finance and Economic Development to have this issue addressed in upholding the human rights of our prisoners. I hope that you will assist us Madam President. I thank you
ANNOUNCEMENT BY THE HON. PRESIDENT OF SENATE
VISITORS IN THE PRESIDENT OF SENTATE’S GALLERY THE HON. PRESIDENT OF SENATE: I recognise the
presence in the President of the Senate’s Gallery students and teachers from Seke 1 High School in Chitungwiza. You are most welcome -
[HON. MEMBERS: Hear, hear.] –
*HON. SEN. CHIRONGOMA: Thank you for the opportunity
to add my voice to the motion on Human Rights that was tabled by Hon.
Sen. Chidawu.
Madam President, in respect of human rights issues we will be dealing with issues of our national development. On human rights, the black nationals were deeply oppressed in their birth country by former colonizers who were dictating the pace for us; hence the rise of black consciousness and the liberation war in a quest for freedom. Our parents and chiefs were displaced from fertile lands to settle in arid areas. Furthermore, it hurts that people also lost their cattle after a decree had been made that a certain number of cattle had to be confiscated by the settler regime and forcibly taken from them - all these acts were in violation of our human rights.
I reiterate that people should understand and appreciate that our human rights were non-existent. As we were young boys we realized the abuse of our human rights. Our parents started revolting against the settler regime and the war of liberation came because people wanted their land back. Oppression was even visible during the voting period as a white man’s vote would be equated to 20 black votes as human rights were not being exercised in an equitable manner. Today we are discussing human rights that these acts were a direct violation of our human rights.
Coming back Madam President, women were not afforded their due respect, yet they were responsible for procreation. So this motion on Human rights should be held sacrosanct and we observe that there was a liberation war that was prosecuted because of the abuse of human rights. Independence culminated in us having human rights. It is pleasing to note that we even have married women in this august House.
In our African culture we say that, ‘musha mukadzi’, meaning a homestead is made up of women and they should be respected. In the past women could not attend the schools that we were in and were limited to work as teachers, nurses and air hostess, to which we later disputed and said that these were not the only areas that they could work in. Also on workers’ rights in workplaces to say that this is a male teacher and this is a female teacher, they have the same rights as they both went through the same teacher’s course and both qualified as teachers. Today we have female Ministers, Madam President; even in this august House we have Madam President as Chair. We are proud of this development as a country.
Madam President, we want this motion to be observed. We as the Senate, as mature members of society, should understand one another, meaning if we were to have a debate, we must have a meaningful debate between the men, women and chiefs. It helps us to have vision and understanding of issues.
I was in Mutare a few days ago and I observed that our children have now lost the meaning of the rights that we fought for. We came up with the Constitution after we consulted the people and the people contributed accepting the position that they wanted and rejecting others that they did not want. I travelled with our Thematic Committee on
HIV/AIDS on a fact finding mission to find out how best we can curb HIV/AIDS. While in Bulawayo and Mutare, rowdy youths wanted to rise against us. They now want same sex marriage. This is unheard of in our culture. .
*THE HON. PRESIDENT OF SENATE: Hon. Senator, may
you come back to the issue of the Human Rights Committee report. It appears as if you are giving us a reporting on the Committee on HIV and AIDS.
*HON. SEN. CHIRONGOMA: Thank you Madam President. Let me come back to the Committee on Human Rights, whose motion was moved by Hon. Sen. Chidawu. The Committee should continue to do the good work that it has done. These human rights should be continuously reviewed as this is a good thing. They did a wonderful job in educating people on human rights. I applaud the Committee for a job well done and should continue to do such good work. Madam President, with these few words, let me say that it is our right to know our human rights and to exercise these rights.
HON. SEN. CHIEF MATHUPULA: Thank you very much
Madam President. I would like to advise you Madam President and the
House that I have taken over this motion. In taking over this motion, I would like to first thank all those who debated this pertinent motion which was put before the House.
We are all here because of human rights. The exercise of our political rights is what brought us all into this House and our people are also looking for us to push that their rights be also protected – rights to education, water and health. Our people in our communities look at that with utmost importance. So, I would like to thank all Hon. Senators who took time to reflect on this debate on this motion and to come to this House to debate on this motion. We would like to thank you very much and would also like to thank the Human Rights Committee for bringing this motion before the House. Thank you very much, Madam President.
In conclusion, allow me then to move that this that this House takes note of the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human Rights Commission Annual Report for the year ended December, 2017, be adopted.
Motion put and agreed to.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
Fourth Order read: Adjourned debate on the Report of the delegation to the 44th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
+HON. SEN. S. MPOFU: I thank you Madam President for giving me this opportunity to add my voice to this report on SADC
Parliamentary Forum which took place in Maputo, Mozambique from 26th November to 8th December. There are a few things which I observed from this report which was moved by Hon. Sen. Mohadi. The most important thing in this report that they talked about is child marriages that is the protection of children from being married while they are still young and that this be curtailed so that children do not get married before their legal age of consent. That makes me happy because as Parliament of Zimbabwe, we are also looking into this law so that we protect children and that parents should be educated so that they do not marry off their children before the legal age of consent.
It is good for us as a country that we have a strong law which looks into such matters. The parents and the perpetrators of this scourge should be given a deterrent sentence. Mostly children are being married off whilst they are still young and sentences being given to people engaging in such practices is not deterrent enough. The sentence should be deterrent enough such that people who engage in such practices do not do that. We should also take care of those who are already in such relationships because every child has a right to be a child.
I also observed that in that report, they mention that there should be trade among SADC countries. This is good because most of our people survive on cross-border trading. In that conference, they resolved that there should be one currency for SADC countries that helps particularly our cross border traders when they go to other countries to buy goods. Normally, when they go to other countries they face problems when changing their currencies. If as SADC we have a currency, all our problems will be solved. Even when tourists visit us, they will not face problems of being robbed of their money.
The other thing I observed in this report is that the Speaker of the National Assembly was elected into the Executive Committee and he is in the Sub-Committee of Legal Affairs in SADC. That is indicative to us as Zimbabweans that we have people who are competent. It is also indicative that Zimbabwe has people who are educated and knowledgeable. Hon. Mutsvangwa who was Vice President of SADC
PF, she was actually in charge of Women’s Parliamentary Caucus here in Zimbabwe. We hope that whoever replaced her will continue with the programmes and must promote women’s rights. Hon. Mutsvangwa also brought us a lot of programmes as women. We look forward that our
Women’s Caucus will further some of these programmes. There were some resolutions that we made in this conference that Zimbabwe will be in charge of the establishment of a Parliamentary Studies Institute.
The resolution was that they should liaise with the University of
Zimbabwe so that parliament staff and Members of Parliament should participate in studies like that so that we learn more about Parliament. That will capacitate us to be competent in our debates and make pertinent contributions. That was a good resolution which was made. This resolution should be followed up and be implemented. They also said that Parliament of Zimbabwe should be involved in gender participative programmes that will enable women to work well and gender oversight programmes should also be incorporated in our work plan.
They also looked at election Observer Missions, it was observed that it was men who were always involved in such exercises. We now therefore request as women that women be incorporated into these
Observer Missions so that we will also further women’s programmes.
With those few words, I thank you Madam President.
HON. SEN. MOHADI: Madam President, I move that the debate do now adjourn.
HON. SEN. SHUMBA: I second.
Motion put and agreed to.
Debate to resume: Thursday 20th June, 2019.
On the motion of THE MINISTER OF STATE FOR
MASHONALAND EAST PROVINCE (HON. SEN.
MUNZVERENGWI), the Senate adjourned at Eighteen Minutes past
Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday 18th June, 2019
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)
ICT LITERACY TRAINING SESSIONS
THE HON. PRESIDENT OF SENATE: I wish to remind the
Senate that there will be half day ICT literacy training sessions for male Members of Parliament. The sessions will be held at the TelOne learning centre near the Harare Show grounds in Belvedere from 17th June to 12th July, 2019. The training will be conducted in groups of 40 members over a period of three days. Officers from the Information Technology Department will be stationed at the Members Dining Hall every sitting day from Tuesday 18th to Thursday, 20th June, 2019, for registration purposes.
SECOND READING
CONSUMER PROTECTION BILL [H. B. 10A, 2018]
First Order read: Second Reading: Consumer Protection Bill [H. B.
10A, 2018].
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE MINISTER OF INDUSTRY AND COMMERCE (HON. N. M.
NDLOVU): Thank you Madam President. I present before Senate the Consumer Protection Bill, 2018.
Madam President, the purpose of this Bill is to protect the consumers of goods and services by establishing the Consumer
Protection Commission and the regulation of Consumer Advocacy
Organisations. It will also repeal the Consumer Contracts Act [Chapter 8:03] and provide for matters incidental to or connected to the issues to deal with consumer protection. I will walk through some of the provisions in the Bill.
Madam President, Clause 3 provides for the application of the Act.
It applies to the jurisdictional transactions conducted within Zimbabwe.
Exceptions are goods or services promoted or supplied to the State, services supplied under an employment contract and transactions which the consumer is a juristic person whose asset value or annual turnover equals or exceeds the threshold value prescribed in the Government Gazette Notice by the Minister of Industry and Commerce. The Act shall not apply to transactions for the sale letting or hiring of immovable property and contract of employment.
Madam President, Clauses 4 and 5 provide for the establishment and functions of the Consumer Protection Commission. The functions of the Commission are centered on the protection of consumers from unjust, unreasonable, improper and unacceptable, deceptive, unfair and fraudulent conduct and trading practices. The Commission shall also promote fair business practices by coordinating and networking consumer activities with consumers vis-à-vis consumer organisations and protect consumer interests. Further, the authority promotes consumer awareness and empowerment by referring and appearing before any court of law.
Clause 6 provides for the establishment of the Consumer Protection Committee. The committee shall be responsible for the controlling of Commission operations and all such matters pertaining to running of the Commission.
Madam President, Clause 7 provides for the funds of the Commission and sources of such funds while Clauses 8 and 9 provide for the accreditation and suspension or cancellation of the Consumer Protection Advocacy groups. The clauses further provide for the instances in which accreditation may be cancelled and punitive measures for non-compliance with accreditation criteria is also enunciated.
Madam President, Clause 10 and 11 provide for the consumers right to consumer education and right to fair value, good quality and safety of goods and services. Clause 12, pursuant to the rights mentioned in the above clause, this clause further provides for the implied warranty of quality, a producer, importer, distributor or retailer is expected to give the consumer. It further provides redress to the consumer when a violation occurs.
Clause 13 provides for the warranty on repaired goods as highlighted above. This clause offers redress in giving six months warranty; implied and or express, which warranty is to be given by a service provider.
Madam President, I turn to Clause 14 which provides for the warning concerning fact and nature of risks in that a supplier of goods and services shall not supply, such subject to risk, of whichever nature and expect a consumer to be fully knowledgeable of such risk. This clause attracts a punitive measure to persons in contravention of this clause and it clearly outlines warnings to be given to consumers.
Clause 15 provides for the recovery and safe disposal of designated products or components. This clause places liability on suppliers, producers and importers to be responsible for disposal of goods, components, remnants, and containers or packaging into a common waste collection system.
Clause 16 provides for safety monitoring and recall procedure. The authority shall promote the development of mechanisms to allow consumer complaints, reports and violations reported, received, investigations to be conducted. These will in turn provide for the return, repair or the recalling of such goods consumers are exposed to.
Clause 17 provides for the liability for damages caused by goods.
The clause extends liability of damages caused by goods to be producer. Any person who put their name on the packaging of goods or services, importers, distributors, retailers, suppliers and the exception to such liability. The clause also covers service providers, installers, suppliers among others.
Clause 18 provides for the defences of the suppliers of goods and services in relation to the liability covered in Clause 16 above.
Clause 19 provides for the right to choose goods or services of his or her choice without undue pressure and right to reject or return goods within reasonable time.
Clauses 20 and 21 provide for consumer rights to choose goods or services of their choice; right to select suppliers and cancel advance reservation booking or order.
Clause 22 provides for the delivery of goods or supply of services. The clause elaborates on the responsibilities of delivery of goods and specifications to be included in agreements in relation to delivery of goods.
Clause 23 provides for the unsolicited goods or services. This clause defines what unsolicited goods or services are and covers contentious issues around the delivery, payment and return of such unsolicited goods.
Clause 24 provides for the expiry and renewal of fixed-term agreements. This clause which does not apply to juristic persons gives an outline of the components of time, how a fixed agreement may be legally terminated and liability of parties to such agreement in the event of expiration or termination.
Clause 25 provides for pre-authorisation of repair or maintenance services.
Clause 26 provides for the consumer’s rights to cooling-off period after direct marketing. This clause allows a consumer to rescind a transaction resulting from any direct marketing without reason or penalty within a certain number of days. The clause also outlines instances in which this is not applicable.
Clause 27 provides for the right to disclosure of information regarding goods or services and disclosure of prices.
Clause 28 provides for the disclosure by intermediaries for persons who agree to be represented. The clause also covers the areas in which the intermediary disclosure does not cover.
Clause 29 provides for the disclosure of reconditioned or grey market goods.
Clause 30 provides for the identification of deliverers, installers and others.
Clause 31 provides for the right to noticeable and legible information in plain and understandable language.
Clause 32 provides for description of product labeling and trade descriptions. The clause also prohibits the use of product labels and trade descriptions that are deceptive and misrepresentative.
Clause 33 provides for the sales records. This clause compels a supplier of goods to provide a written record of each transaction to a consumer to whom goods or services are supplied. The clause goes further to outline what should be contained in such a record.
Clause 34 covers the right for a consumer to be heard by the Commission or court and the right to seek redress in terms of this Act or any other law.
Clause 35 which provides for the consumer’s right to return goods, outlines the instances where such a right is applicable and also when not applicable.
Clause 36 provides that a consumer has the right to be treated fairly and honestly in any transaction or promotional activity by any supplier, marketer or service provider.
Clause 37 prohibits false and misleading representations in relation to the marketing of goods and services either through words or conduct by a supplier or anyone acting on behalf of the supplier.
Clause 38 prohibits fraudulent schemes and offers and all such actions related to the distribution of false communication.
Clause 39 gives the consumer the right to assume that a supplier of goods or services is legally entitled to or has the legal right or authority to sell or supply goods or services.
Clause 40 deals with auctions. It provides description of a sale on auction; conclusion of a sale and transactions related to sales at auctions.
Clause 41 deals with over selling and over booking. It prohibits suppliers from accepting payment of goods or services they are not capable of supplying or delivering. The clause also outlines the redress in instances where a supplier has accepted payment but fails to deliver due to various reasons. The clause goes on to outline defences that are acceptable at law for the failure to supply goods or services or reservations where payment has been accepted.
Clause 42 provides a description of unfair, unreasonable and unjust transaction, agreement and contract terms.
Clause 43 deals with Disclaimer Clause. This clause prohibits suppliers, service providers of goods or services, owners or occupiers of shops or other trading premises from displaying or causing to be displayed, any sign or notice that purports disclaim liability or to deny right to a consumer under this Act or any other law.
Clause 44 deals with notice required for certain terms and conditions.
Clause 45 provides for agreements that require to be reduced into written consumer agreement. Powers of court to enforce fair and just terms and conditions are provided in Clause 46.
Clause 47 provides for relief against unfair consumer contract.
Clause 48 deals with changes, deferrals, waivers and substitution of goods. It outlines how the change in goods and services supplied does not alter the terms of an agreement and how such changes, deferrals, waivers and substitution are dealt with in regards to this Act.
Clause 49 provides for the right to confidentiality and privacy that a party to a consumer agreement is accorded and instances where these privacy and confidentiality rights are not applicable.
Clause 50 provides for an extension of the right to privacy and gives the consumer the right to restrict unwanted direct marketing.
Clause 51 provides regulation of time for suppliers to directly market goods and services to contracting consumers.
Clause 52 provides for supplier’s responsibilities and outlines a number of responsibilities that this Act places upon and binds the supplier of goods or provider of services, both formal and informal trading. The responsibilities range from provision of warranty; undertaking to supply fairly priced goods of good quality to trading fairly; giving adequate information and representation on goods and services.
Clause 53 provides for information that a supplier of goods or services is expected to provide online to consumers for electronic transfers.
Mr. President Sir, Clause 54 provides for the cooling-off period in electronic transactions.
Clause 55 deals with unsolicited goods, services or communications.
Mr. President Sir, I have made an error in my notes, where I am saying ‘Agency,’ in the actual Bill in the National Assembly, we corrected and agreed that they should not say, ‘Agency’ but say, ‘Commission’. So you will find that where I was referring to ‘Agency’,
I seek your indulgence, because it has now changed to ‘Commission’.
So pardon me when I was referring to ‘Agency’ yet it is now ‘Commission’ in the Bill. I thank you.
Clause 56 provides for the Minister’s power to designate certain organisations to be consumer protection organisations.
Clauses 57; 58; 59 and 60 establish consumer protection officers, their qualifications, registration, powers and prescription of disputes.
Clause 61 deals with the effect of referral to compulsory arbitration. Arbitral awards are registrable and enforceable by competent courts.
Clause 62 provides for the submission of the reports to the Minister by the consumer protection organization within three months at the beginning of every year.
Clause 63 provides for the reasons where a consumer protection organisation can be deregistered and Clause 64 provides for the procedure for renewal of certificates by consumer protection officers and arbitrators.
Mr. President Sir, Clause 65 provides for the deregistration of the consumer protection officers and arbitrators.
Clauses 66; 67 and 68 provide for the enforcement of rights by consumer, accredited Consumer Protection Advocacy Groups and the court.
Clauses 69 and 70 deal with compliance notices and objections thereof.
Clause 71 deals with the appointment of inspectors and investigators.
Clauses 72; 73 and 74 provide for the outcome of investigation, consent orders and interim relief.
Clauses 75 and 76 provide for the powers and conduct of entry and inspection or search.
Clauses 77 and 78 provide for assistance of inspectors or investigators by the Authority and the issue of Summons.
Clauses 79; 80; 81 and 82 provide for offences and penalties in relation to disclosure of confidential information, offences and penalties relating to the Agency or Court, Administrative fines and vicarious
liability.
Clause 83 provides for the Minister to give policy directions.
Clause 84 provides for relations with regulators and Clause 85 provides for reports made by the Commission to the Minister.
Clause 86 provides for exemption from liability.
Clause 87 deals with the Appeals.
Clause 88 provides for the Regulations.
Clause 89 provides for the repeal of the Consumer Contracts Act
[Chapter 8:03], transitional provisions and savings.
In conclusion, Mr. President Sir, the Consumer Protection Bill is fundamental in protecting the consumer of goods and services. I now move that the Bill be read the second time. I thank you.
HON. SEN. CHIEF NGUNGUMBANE: Thank you Mr.
President for affording me this opportunity to debate in support of this Bill. I think that as consumers of various products, we have been neglected and abused by service providers. So in supporting, I know that this Bill is administered by the Ministry of Home Affairs.
My appeal to the Ministry is, can the sphere of influence of this Commission be felt in all sectors i.e. industry, mining, education et cetera so that everybody is covered? With those few words, I rise in support of the Bill. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: I hope that
the Hon. Minister has captured what you said.
HON. ZIYAMBI: I am sorry I did not Mr. President Sir.
THE HON. DEPUTY PRESIDENT OF SENATE: May I ask
the Hon. Sen. Chief to summarize what he stated?
HON. SEN. CHIEF. NGUNGUMBANE: Mr. President, thank
you once more. I said that I rose to support the Bill. I think that as consumers of various goods and services we have been neglected. There was no protection that was coming to us but my appeal to the Hon. Minister is, I know that this Bill is being administered by the Ministry of Industry and Commerce.
I hope that its sphere will transcend all agencies and departments of Government. I thank you.
SECOND READING
CONSUMER PROTECTION BILL [H. B. 10A, 2018]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE
MINISTER OF INDUSTRY AND COMMERCE (HON. N. M.
NDLOVU): Mr. President, I now move that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith
COMMITTEE STAGE
CONSUMER PROTECTION BILL [H. B. 10A, 2018]
House in Committee.
Clauses 1 to 52 put and agreed to.
On Clause 53:
HON. SEN. B. MPOFU: On Clause 53 (II), the consumer is
entitled to get refund in 14 days after cancellation. If you get back to Clause 25 (IV) (a), it says 15 business days which basically is 21 days.
What is the motivation for the difference?
HON. ZIYAMBI: Thank you Madam Chair. If you go to Clause 25, it is speaking about direct marketing, this pertains to electronic transactions, so, what is the query?
HON. SEN. B. MPOFU: My question was for the goods that are
bought directly; basically the payment is received after 15 business days. If you look at 25 (IV) (a), it says 15 business days which effectively is 21 days. On the other side the electronic ones, it seems to be on 53 (II), it talks about 14 days after cancellation, which effectively is 10 business days. So, I am asking for the motivation for the difference.
HON. ZIYAMBI: My understanding basically is, this is 14 days
after cancellation, it is not speaking of business days but the other one is speaking of business days. So, I think the mischief they are trying to cure is at least you know the person; there is an interface when it is direct marketing but this one, there is no interface and they are trying to ensure that the period is shorter and you recover your money much earlier than the other one. The first one which has a longer period, there is a human interface but this is electronic, you would have transacted electronically and you request the reversal of the sale and it should pretty much happen quickly than when you go and do a transaction directly. That is the reasoning but I do not think there is anything that is critical about the time differentials so to speak. I thank you Madam Chair.
Clause 53, put an agreed to.
Clauses 54 to 92 put and agreed to.
House resumed
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
CONSUMER PROTECTION BILL [H. B. 10A, 2018]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON ZIYAMBI): Mr. President, I
now move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
SECOND READING
MICRO-FINANCE BILL [H. B. 11A, 2018]
Second Order read: Second Reading: Micro-Finance Bill [H. B.
11A, 2018].
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON ZIYAMBI): Mr. President, I
rise to present the Micro Finance Bill [H. B. 11A, 2018]. I will have a
very short Second Reading speech as I do not want to complicate issues. The Bill seeks to amend the Micro Finance Act, Chapter 24:30 and basically, it seeks to achieve two main objectives which I am going to highlight.
Firstly, the Bill will reduce the variety of institutions that carry on micro finance business under the Act. At present, the act envisages four different types of institutions and these are:
- Corporate micro financiers which are partnerships or companies engaged in money lending or providing credit to/or accepting deposits from small scale businesses and members of lower income groups;
- Credit only micro financiers which are organisations that provide loan and credit to small scale borrowers;
- Deposit taking micro financiers which are organisations accepting deposits from small scale businesses and members of lower income groups;
- Money lenders who provide loans and credit but are not micro financiers.
What the Bill seeks to achieve is to reduce the confusion and overlapping and will amend the Act to recognise only two institutions, that is, credit only micro finance institutions namely companies that provide loans and credit to small scale borrowers and deposit taking micro finance institutions, namely companies that accept deposits from small scale businesses and members of lower income groups.
The main objective of the Bill is to extend and strengthen the supervision that can be exercised over micro finance institutions. This is the main aim of the Bill in a nutshell. What we have done is to do legal scrubbing to ensure that we remove the four institutions and remain with two and streamline everything so that it is consistent with the objective of having only two micro finance houses. I so submit and move that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave, forthwith.
COMMITTEE STAGE
MICRO-FINANCE BILL [H. B. 11A, 2018]
House in Committee.
Clauses 1 to 36 put and agreed to.
First Schedule put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
MICRO-FINANCE BILL [H. B. 11A, 2018]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE
MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT
(HON. PROF. M. NCUBE): Mr. President Sir, I now move that the Bill be read the third time.
Motion put and agreed to.
Bill read the third time.
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
Third Order read: Adjourned debate on motion on the Report of the Speaker of the National Assembly, Hon. Advocate Mudenda’s visit to the Shura Advisory Council, Doha, Qatar, 30th March to 4th April.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND EAST PROVINCE (HON. SEN. MUNZVERENGWI): I move that the
debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 19th June, 2019.
On the motion of THE MINISTER OF STATE FOR
MASHONALAND EAST PROVINCE (HON. SEN.
MUNZVERENGWI), the Senate adjourned at Six Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 13th June, 2019
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
ICT LITERACY TRAINING SESSIONS
THE HON. DEPUTY PRESIDENT OF SENATE: I wish to
remind the Senate that there will be half day ICT literacy training sessions for male Members of Parliament. The sessions will be held at the TelOne learning centre at Harare Show grounds in Belvedere from
17th June to 12th July, 2019. The training will be conducted in groups of
40 members over a period of three days. Officers from the Information Technology Department will be stationed at the Members Dining Hall every sitting day from Tuesday 11th to Thursday, 13th June, 2019 for registration purposes.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. DEPUTY PRESIDENT OF SENATE: I have
received apologies from the following Hon. Ministers:
Hon. K. Coventry – The Minister of Youth Sport, Arts and
Recreation;
Hon. V. Haritatos –The Deputy Minister of Lands, Agriculture,
Water, Climate and Rural Resettlement;
Hon. O. Moyo – The Minister of Health and Child Care;
Hon. W. Chitando – The Minister of Mines and Mining
Development;
Hon. D. Karororo - The Deputy Minister of Lands, Agriculture,
Water, Climate and Rural Resettlement;
Hon. M. Ncube – The Minister of Finance and Economic
Development;
Hon. F. Chasi – The Minister of Energy and Power Development and Hon. S. G. G. Nyoni – The Minister of Women Affairs, Community, Small and Medium Enterprises Development.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. CHIMBUDZI: Thank you Mr. President. My
question is directed to the Deputy Minister of Information, Publicity and Broadcasting Services. What is Government policy regarding passing pre-warnings of cyclone approaches so that people are prepared should disaster strike?
THE DEPUTY MINISTER OF INFORMATION,
PUBLICITY AND BROADCASTING SERVICES (HON.
MUTODI): Thank you Mr. President. I want to thank the Member for asking this very important question. I want to also believe that Hon. Senators are aware that as Government of the second republic, we have initiated a programme where we as a Ministry of Information disseminate critical information to do with the economy, environment, the threats and disasters that we may encounter from time to time. We always announce Cabinet decisions each time Cabinet sits and makes resolutions.
In the case of Cyclone Idai, we realised that this is a natural disaster. It is a disaster that is unpredictable and we rely on weather predictions and focus that we obtain from the world satellite organisations. These are meteorological organisations that operate in the United States of America and in other developed countries. They give us warnings as to when a cyclone can strike. What we need as a country is mainly the preparedness. This is something that is supposed to be dealt with under the Ministry of Local Government, Public Works and National Housing to ensure that Government is always prepared to counter the disasters to ensure that people can be evacuated whenever necessary if they face such risks of being killed or their livestock being destroyed and shelter being destroyed by natural disaster.
I am sure the Ministry of Local Government, Public Works and National Housing has a unit that deals with civil protection and that is the unit that often communicates with the whole country whenever there is threat to human life. We also encourage Zimbabweans to listen to radios and view televisions since we rely on these mediam to disseminate critical information. I know that there are some places where newspapers do not cover. It will be very important that communities have those radio stations and listen to those radio stations and televisions for awareness as to what can befall their community and be prepared to evacuate themselves if they are facing such danger. I am sure I have addressed the question. Thank you.
HON. SEN. NCUBE: My question is directed to the Minister of Local Government, Public Works and National Housing. We paid for stands last year under your Ministry and when we go into offices, those stands are nowhere to be seen. They do not know anything about them, especially for Members of Parliament. What is the Ministry doing about that? I thank you.
THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): Thank
you Mr. President. I think she was right that it might not be a policy question. The policy aspect of it though is that we have sat with the Chief Whips of both parties and with my officials. We looked at the policy issue of issuing stands to Members of Parliament and I gave the Chief Whips the people they have to work with and only come to me if they are having problems. They have not come back to me yet and I am just thinking that maybe progress is being made but if there are specific issues that need to be addressed, or specific stands that were paid for that have disappeared, I think the Hon. Member could favour me with more specific information. I thank you.
HON. SEN. MOHADI: Thank you Mr. President. Allow me
before I pose my question to say a few sentiments pertaining to our Ministers. We need you like yesterday to come into this august House and answer questions because it is not enough for us to have only three Ministers. I think that will be taken up.
Then my question goes to the Minister of Local Government, Public Works and national Housing. My question is about Cyclone Idai in Manicaland. I just want to find out how far you have gone with the development of infrastructure in Manicaland pertaining to schools, roads and the like and also to highlight to us about the food situation in Chimanimani. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Before I give
the floor to the Minister of Local Government, Public Works and National Housing, I want to remind Hon. Senators and everybody concerned that not putting your phone on silent is actually holding this House to contempt. You should switch off your phone or put it on
silent.
THE MINISTER OF LOCAL GOVERNMENT, PUBLIC
WORKS AND NATIONAL HOUSING (HON. J. MOYO): Thank
you Mr. President. Yes, progress has been made in Chimanimani regarding the consequences of disaster that was caused by Cyclone Idai. I can safely say that all the roads are now passable except only two. One which links Mutambara to Burma Valley, we are still working on it. It is not completely passable. One from Chimanimani Centre to Tisbury is not completely passable but, we are working on it. The rest of the areas, the 35 areas that we had identified as needing us to access them and to deliver food or to deliver reconstruction materials – those we have now reached but we have reached with temporary structures of either bridges or roads themselves. It was necessary that we do so very quickly in order to alleviate the suffering of the people.
Some of the areas which were impossible to reach, they grow a lot of bananas and those bananas were not rotting. We needed quickly to reach those areas. So, we have reached all the areas in Chimanimani and all the areas in Chipinge which were not passable but these are temporary. We have now moved into permanent reconstruction of roads and bridges. Some of the bridges like the one at Skyline and at Nyahode which were made temporary, that is where our timber comes from and those in the timber industry have come back and said; please can you design it, we are willing to invest so that we can put a permanent bridge. So as part of our planning, the Ministry of Transport and Infrastructure Development is designing a bridge which the private sector in that area is willing to pay for.
We have put some money as Government so that we can start proper reconstruction. Let me hasten to say that up to now, most of the roads, the accessing of these places that has been done were donations by our contracting companies. Construction companies in this country mobilise resources including their own equipment and manpower to go and assist Government. These are some of the companies that now we are saying, we can pay for you to build a proper bridge, a proper road that can resist any vagaries of the next season when we have the rain season. So, we are quite comfortable that this might be achieved.
The second aspect that we are dealing with is shelter. We have in Chimanimani 1 654 000 households that are housed in tents right now and they were almost reluctant to go into tents until we were able to show them that we will move them to permanent places. But, we needed geophysical maps that were being developed through the Ministry of Higher and Tertiary Education, Science and Technology Development together with our Physical Planning Department. That work has progressed very well and the geo-physical maps are now there and we are now super-imposing on the physical maps.
So, we have identified areas where we can go and settle people. In Chimanimani area, there are two farms which we have identified and some work is being done. In Nhedziwe, there is some work which is taking place and there is another place near to Nhedziwe called Shinja where we also think we can go and settle people. These have been adjudged by these geo-physical map experts that they are not susceptible to any vagaries of the weather even if there was another cyclone or there was heavy rain or tremours. So, that is what we are doing.
We are working with the private sector in terms of shelter – Higher Life Foundation has partnered with us and they want to build 500 houses. We have given ourselves a programme, working together with them where we believe that by December, we should be able to have houses. Other donors and partners are coming with the same information so that we can build permanent shelters for our people.
The third area is our schools. Of the 58 schools in Chimanimani, most of them had been affected in terms of toilets and in April, we concentrated on building these toilets because while we can get a tent for school children to learn from, the toilet is very difficult to do. So, we pulled out of the whole of Zimbabwe our artisans and artisan builders, three people and assigned each of those teams to a school in Chimanimani and we said, look for local experiences of builders, for diggers so that we can have a toilet. I must report now that we are almost through with the building of toilets. I have visited most of the areas where these people are building toilets. We were not only wanting to build these toilets but we were saying, let us build better than what was there and that is being undertaken.
The same with clinics which were heavily affected, so is Chipinge Hospital. As Government, we have concentrated on it because this hospital helped us tremendously. Most of the people who were either wanting to give birth or who were injured, we were able to evacuate them by helicopter to Chipinge Hospital. During this experience, we found out that Chipinge Hospital itself also needed a lot of upgrading and there is work which is going on.
We looked at Rusitu Hospital which is also serving a large population in the area. When we went there we found out that it had been hard hit, although we call it a private hospital because it is run by the church but it is no regrets because it is saving our people. because of that, we have said let us put resources at Rusitu Hospital so that it can save the people.
The third area is in agriculture. Chipinge area obviously is high rainfall and we depend on it. Most of the people will tell we do not necessarily need food assistance if there was no cyclone but their crops were flattened in a lot of areas. If you go to some of the chieftainships areas such as kwaNgorima or Chikukwa, those areas which used to produce a lot of food for themselves and also selling the food, the situation is now dire and they now need assistance.
However, agriculture infrastructure of your irrigation schemes and canals were very hard hit and although, the Ministry of Agriculture working with us were able to resuscitate some of them it is not permanent so we have put resources in agriculture so that we can resuscitate the irrigation schemes all the way from Chako to Nyanyadzi going down, some work is being down. We have had to waiver some of the procedures for long term procurement through PRAZ so that we can do these jobs quickly and people can start to recover.
On the vegetables, we are working with partners who are giving us seeds and other seeds for cropping and horticulture. That area we are doing. The last recovery that we are thinking of in terms of infrastructure is the livelihoods. The damaged infrastructure in the commercial farming areas whether our fruits are macadamia or timber, we are working with them now to resuscitate. This includes electricity that had been completely cut off from these industries and that has now been restored but we are saying let us restore livelihoods so that those who are growing bananas or doing whatever they are doing can continue to do it.
The issue of food continues to be a worry for not just
Chimanimani, we are looking at drought throughout the country and of course, those who were hard hit in Chimanimani area, Chipinge, Buhera,
Bikita, Zaka or Gutu, and those areas which were hard hit by Cyclone Idai we want to take care in a special way those whose houses were destroyed in Chikomba for instance. We have isolated those because we not only need to give them food items or maize but we have to look after them because they are intense. They are not the same as those who are suffering from drought and are in their homes. So we now have two programmes in the Cyclone Idai hit areas where we are looking after those who are living in tents for whom we must look for shelter so that they can have permanency.
Then there is the general drought that is affecting the whole country and I am sure that Senators here are aware that the President has made an appeal for drought mitigation which covers the whole country and the United Nations have made a fresh appeal, initially for 5,7 million people to be assisted but I think we will work with them to revise the figures and those figures I think will be revised upwards after the vulnerability assessment programme that is going on right now. I thank you Mr. President.
HON. SEN. MPOFU: My question to the Minister of Local
Government is that we are approaching 12 months after the last election. What is the Government policy on the implementation of devolution and the swearing in of provincial councils.
THE MINISTER OF LOCAL GOVERNMENT, LOCAL
GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING
(HON. J. MOYO): I want to thank the Hon. Member. Yes, the President has said we must follow the Constitution and implement it as quickly as possible but I must admit that we have had difficulties in terms of the devolution part of the Constitution. I did allude to it when I made statements earlier in the year that we have elected people, ten of them in each province except in Harare and Bulawayo Metropolitan Provinces.
In Harare and Bulawayo Metropolitan areas there are no elected 10 proportional representatives during the last general election. When one closely reads the Constitution, you will see that there is some omission. Whilst the 10 are not listed as members of the metropolitan councils, when we come to another section in the same vein, Section 271 - they start being alluded to as the chairpersons of the committees of the Metropolitan Council, yet they are not there. So, we have had to look at
all these issues and say what do we do.
Then of course, there is the major issue of what to do with Members of Parliament whose oversight role should be to look after the finances that are being given to the metropolitan councils, but if all members of councils including Senators who are here are also members of the metropolitan councils who will do that oversight. So, there is a lot of consultation that is going on so that we can see our way forward.
Coming back to those who are elected, now that Parliament has passed the 5% which amounted to $310 million and of that $310 million, we have said $75 million should go to metropolitan councils. We think that we now have funds in order to swear in those who have been elected so that they do not remain in limbo and the President has let us organise for this so that we can actually fulfill the tenets of the Constitution that we have alluded to. I thank you.
HON. SEN. MPOFU: What is the timeline because previously, the elected individual stayed up to five years without being sworn in. now, that you are alluding to finances being available what timeline are we looking at?
HON. J. MOYO: Mr. President, I want to assure this august House that it will be done and certainly maybe before the expiry of the first anniversary of the election of these Members.
HON. SEN. CHIEF NGEZI: My question is directed to the
Minister of Home Affairs and Cultural Heritage. As the Government, what plans do you have with regards to makorokoza and machetes causing havoc in mining areas? These people are not being arrested and the police are facing challenges of transport in order to carry out their duties timeously.
*THE DEPUTY MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. Indeed, it is true that we are losing a lot of our young boys and girls through these machetes. However, the Government, through the ZRP, is taking measures especially in those areas where this problem of machetes is on the increase. A few months ago to date, our ZRP is working hard to deploy more police officers in those areas. The police are also taking those machetes from motorists at the roadblocks. In addition to this, there are awareness programmes that are being carried out encouraging people not to take alcohol whilst carrying dangerous weapons like those machetes.
HON. SEN. CHIEF SIANSALI: My question is directed to the
Minister of Health and Child Care. What qualifies the health institution that is, the hospital or clinic to have a resident doctor or at least a visiting one?
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Mr. President. For a health institution, we normally look at the number of patients arriving at that particular institution. Clinics at the moment, because of the number and shortage of doctors in the country, we would expect those to be looked after by clinical officers or even qualified registered general nurses. So, the most important thing is that there has to be a qualified health care professional. If we move up, we then look at the district hospitals or the rural health care centres. For rural health care centres - we would like them to be looked after by someone with the calibre of a clinical officer. We have got to rationalise the use of our medical personnel. So the district hospital, we envisaged that it will be looked after by at least four specialists.
We are looking at specialists who have a general knowledge of family medicine, who can do pediatrician, bones, fractures and general medicines. At the provincial level, we want to see more specialists looking after that level including what we call Government medical officers. We can also have rotating doctors at the clinic level and at the rural health care centers. We want doctors who will go round the district, these are the district medical officers, they are expected to go through all the clinics and rural health care centres within their area.
They have to come up with a roster so that the clients know that on such a particular day we are going to have a doctor coming through.
So, eventually once we have a large number of personnel available, we expect that the rural health care centre will be looked after by rotating doctor, the districts will have a whole gamut of medical personnel of all categories including the GMO’s at that level and at the district level like I have indicated, we want those specialists. Right now we also have specialists who have trained whom we are planning to send to the district hospitals and to the provinces in general. So, the coverage of health care centres or clinics varies with the size of the institution and as far as we are concerned, we would like to make sure that each and every health care centre has a doctor who comes through that centre.
*HON. SEN. CHIEF CHARUMBIRA: My question is directed
to the Minister of Information, Hon. Mutodi. What is the Government policy on the issue of social media which is being abused? I have talked about the issue saying we want protection. There are twitters of innocent people circulating. For example, I do not have a twitter account but it would be circulating saying Chief Charumbira said this and that on twitter. So, what are you doing as a Ministry with regards to this?
THE DEPUTY MINISTER OF INFORMATION,
PUBLICITY AND BROADCASTING SERVICES (HON.
MUTODI): Yes, it is true that we have fake twitter accounts and fake Whatsapp accounts. This is not only happening in our country alone but it is widespread throughout the world. It is believed that in the United States, we have 11% of fake accounts. Some of them have been used by fraudulent criminals who use those accounts to defraud unsuspecting members of the public.
So, in Zimbabwe, we face a serious situation of these fake accounts because usually popular individuals, the Head of State and Government, the Head of the army or the head of the C.I.O or any of those prominent organisations are used to peddle lies in their names as if they would have said something. Once it is said that someone like the President of the Chiefs Council has said this statement, it means that issue is easily accepted by the public as correct information. So we are in the process of coming up with a Cyber Security Bill. This is a Bill that is being crafted by the Ministry of Information, Communication Technology working in conjunction with the Ministry of Justice, Legal and
Parliamentary Affairs. The Bill mainly concentrates on ensuring that we plug the loopholes for people who are bent on creating fake accounts and on spreading falsehoods, some behaviour that turns to infringe into the rights of other people such as the spreading of nude pictures and the spreading of defamatory information that can injure the reputation of another person. Obviously, if an account is opened in your name, it means that person is trying to defame you and give you a very wrong image in the public domain. The Bill will address that but I cannot ascertain at what stage the Bill is now. I am sure the Ministry of Justice is working round the clock to ensure that we have the Bill before the end of this year. We also need to understand that whilst the law is being created to deal with fake accounts, there is a limitation that we face when we come to our Constitution. If you read Section 60 and Section 61 of the Constitution, it guarantees freedom of expression, freedom of opinion and freedom of research. It will be difficult to convict someone for publishing falsehoods or for publishing information, putting someone’s name as Donald Trump and you see information written as if it is coming from Donald Trump and so on. It will be very difficult because our Constitution currently protects the right to freedom of expression and freedom of research and all those rights that are guaranteed by the Constitution.
It will be something that will be very difficult for us to deal completely with because of the rights that are guaranteed, unless Parliament comes up with stringent laws that can look at abolishing fake accounts. Again, the issue of jurisdiction, like I have said, some of the people who may pretend to be Chief Charumbira would be staying in South Africa, in the UK or in the United States. It would be very difficult to bring those people to face justice in Zimbabwe because of the jurisdiction issues that are associated with such processes of law. It is something that we are working on and we will make sure that before the end of the year, we may have a Bill tabled before Parliament and signed into law by the President. I thank you Mr. President.
*HON. SEN. CHIEF NHEMA: Thank you Mr. President. My
question is directed to the Minister of Health and Child Care. What is Government policy regarding the clinics and hospitals constructed but would take two to three years for them to be operational?
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Mr. President and Hon. Senator. It is not policy as such but it is availability of funds. If there are no funds available and the project has not been through the PSIP or approved
PSIP, obviously we have to wait until that has been approved. However, I want to emphasise one issue and I am glad that you ask this question. I want to encourage ourselves to help ourselves. I realise that there are a few clinics which have been constructed but are not open yet like the ones he is talking about. Individual Senators and Members of Parliament have constructed these clinics. We want to get a collection of all the clinics that are incomplete. I have just come from a meeting, funny enough, where I have been discussing with a group that want to assist us to complete all these clinics. Within the next few days, we
shall be requesting for information about clinics that are incomplete which we can use as part of our primary health care in the rural areas. That is what we are emphasising right now. It would be very helpful if we could get that information and give it to some partners who are willing to assist us to finalise these clinics. We want this as part of our universal coverage where we will be able to ensure that everyone has access to a hospital or to a clinic. Yes, it might be like that but it is an issue that we all have to work on together and be able to come up with fully functional hospitals. We await information from the Senators and from the Members of Parliament. I thank you.
*HON. SEN. GUMPO: Thank you Mr. President. I direct my question to the Minister of Local Government. I am one of those that went to Chimanimani and managed to go to a place called Ngandu. I heard you talk about your good plans to move people here and there. I just want to find out whether Ngandu is one of those areas that are going to be moved to another new location? I thank you.
THE MINISTER OF LOCAL GOVERNMENT, PUBLIC
WORKS AND NATIONAL HOUSING (HON. J. MOYO): Thank
you Mr. President and Hon. Sen. Ngangu is one of the hardest hit areas. Fortunately, we have identified as I said, just above Ngangu itself, on the right, there is a farm that we have identified that we think can take some of the people. There is another piece of land to the left of the
Chimanimani Centre which we believe can take some more people but we believe some of the people can move to Nedziwe and some will move to Shinja. Shinja is closer to Muwusha area. We think that we can move people there. We have discussed with the communities and about two weeks ago, we had an opportunity to sit with all the 23 councillors in Chimanimani and the six chiefs. We said, we wanted to learn from them area by area, ward by ward what they desire to be done. We were very glad that the chiefs as well as many of the councillors are aware that where some of their people are settled right now is not safe. They are appealing to Government to see if they can be moved. Those who want to continue farming in the Rusitu area, were we have identified some places where we can move them but not divorce them from their activities of banana growing and other activities, they are willing to do so. We are doing this consulting closely with the stakeholders in the area and we have asked that the chiefs and the councillors go back to their areas and consult even further. As we progress this work, we will be having deeper consultations. As I have said, there are a number of organisations who are willing to assist in shelter, so we need to move very fast to assist the people. I thank you.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President. I do not know which Minister is going to respond to my question. I am very much concerned about theft of electrical gadgets such as transformers. Who is supposed to replace a transformer when it is stolen or vandalised? When there is theft of a transformer, dangerous electrical wires are left open but they are supposed to be treated as live. These cause a danger to the nation. What is Government policy with regards to such situations?
*THE DEPUTY MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. MUDYIWA): Thank you Hon. Senator for such a pertinent question with regards to the theft of transformers not only in rural areas but all over the country. In the first place, when transformers have been stolen, the people in these areas should go and report to ZESA offices as soon as possible. As the chief stated, the wires which will be on the ground will be live and dangerous hence my call for you to report to ZESA so that they can switch off those live wires because they pose a danger to children and animals both wild and domestic.
It is the responsibility of ZESA to replace transformers and not the beneficiaries. As of late, we have noticed that ZESA has financial problems in terms of replacing those vandalised transformers because these are mounted and repaired at ZENT. At times they may ask residents to chip in with financial assistance. We have had situations whereby some individuals or organisations offer to buy the transformers because they know they will be benefiting and the loss of a transformer means a loss to them. This is an agreement between ZESA and them – nobody is forced to do so since it is ZESA’s responsibility.
*HON. SEN. CHIEF CHIKWAKA: This is where the main
problem lies. What is Government policy regarding the safe keeping of these transformers especially when you look at what happened to the National Railways of Zimbabwe – we used to have an electric train running from one end of the country to the other but the lines were vandalised and these are no longer in use. Some of these vandalised transformers are used for industrial purposes such as farming and other industrial cases, hence a loss and my call. What is Government policy in quickly replacing these transformers?
*HON. MUDYIWA: The policy of Government through ZESA is as I have said before; we have a subsidiary company which is ZENT. ZENT is responsible for manufacturing, maintenance and repairing ZESA transformers. The repair of these transformers may not be done as urgent as may be expected by residents because of financial constraints.
*HON. SEN. CHIEF NTABENI: My question is directed to the
Minister of Home Affairs and Cultural Heritage. Are we ever going to have order on our streets because at the moment the drivers are very reckless? Some use cell phones whilst driving and others engage in chats whilst their cars are side by side hence blocking traffic. They have no respect for the traffic lights. Have you ever come across such problems of these disrespectful drivers in the country?
*THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. That is very true. There is chaos on our streets with disrespectful and reckless drivers. This kind of a question is a twin because we are talking about the flow of traffic in cities whereby we are saying the issue of traffic is not under the Ministry of Home Affairs but since there is the Ministry of Local Government, I think the Minister will be able to chip in and give us information to add on to what I am going to say.
As far as Home Affairs is concerned, we have a policy which says that we should put up cameras that will be able to photograph these errant drivers especially when they go through red robots. They will be captured on camera especially when they go through red robots, they will be captured on camera or CCTV and we will make a follow-up and prosecute them, but this is in the pipeline. It is not yet implemented. What we know is that we have other unlicenced shuttle of buses which move all over the place. We are saying let us work in unison and I ask my co-Minister to talk about these shuttle buses.
THE HON. DEPUTY PRESIDENT OF SENATE: The Hon.
Sen. Chief’s question was really on the chaotic situation as it prevails to utter disregard of the law by mostly these young people who are going through red robots, etc. I think that was the impact of your question Chief even elders of course, I am just saying it. I think you have answered it by saying you are doing something about it. I think he is echoing the sentiments of people in terms of the apparent lawlessness which appears to be prevailing on the roads.
HON. SEN. NCUBE: Thank you Hon. President. My question is directed to the Minister of Health and Child Care. What is Government policy on donations by individuals? I say so because there is a donation that was donated to Chiredzi Poly Clinic and that donation has been thrown away from the hospital.
THE HON. DEPUTY PRESIDNET OF SENATE: Would you
like to repeat the question because the Minister wants clarification on ‘thrown away’.
HON. SEN. NCUBE: Okay, I am saying the donation that was donated to Chiredzi Poly Clinic has been thrown away from the hospital.
Is the Minister aware of that?
THE HON. DEPUTY PRESIDENT OF SENATE: I think with
all due respect Hon. Sen. Ncube, you should ask about a policy issue and if you want to quote a specific incident which you are aware of, put it down in writing so that the Minister can go and find out what happened.
HON. SEN. NCUBE: Thank you Mr. President. Before I put my question in writing, what is the Government policy on donations from individuals? I thank you.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Government has a policy that each and every donation must be appropriately recorded and reported to Treasury. There is no donation which must just be left at the institution without being recorded appropriately. That is what the policy is, that everything must be recorded. I would like however, to request with regards to the other parts of her initial statement, to know exactly what the product was that was donated by this individual so that we know. Let us take for example if it was medicine, maybe they were thrown away because they had expired. So I would really want to have some more information about that which I can answer today if I get to know what the product that was donated by the individual was. We can work out what warranted the refusal by the hospital or to throw away the particular product. Thank you Mr.
President.
THE HON. DEPUTY PRESIDENT OF SENATE: I think Sen.
Ncube, can you go and put it in writing so that the Minister can come with the response next week. Thank you.
HON. SEN. NCUBE: The Minister said he can answer today.
THE HON. DEPUTY PRESIDENT OF SENATE: Do you have
the specific information and if the Minister says he can answer, you go ahead.
HON. SEN. NCUBE: Thank you Mr. President. My
understanding is that there is an ambulance which was donated at the polyclinic, 30 wheel chairs, some blankets and also three tanks of 1 000
litres.
HON. DR. O. MOYO: Certainly Mr. President, now that we
know the depth of the matter in terms of the quantity and items that were supplied and were refused, it now becomes very necessary that the Hon.
Sen. puts it in writing so that we can thoroughly investigate this matter. For a hospital to refuse an ambulance is absurd. There is no hospital which would refuse an ambulance or the other items that she mentioned. So, we definitely need to investigate that and I agree with you that it should be put in writing. I thank you.
Questions without Notice were interrupted by THE HON.
DEPUTY PRESIDENT OF SENATE in terms of Standing Order No.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
CAUSES OF BLINDNESS AND JAUNDICE
- HON. SEN. CHIMBUDZI asked the Minister of Health and Child Care to explain the causes of blindness and jaundice in human beings and measures being taken to raise awareness in that regard.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Mr. President. I am grateful for the question. The answers will make everyone realise the causes of blindness and jaundice in human beings and the measures that are being taken to raise awareness in that regard. Let me start by saying blindness in human beings has various multiple causes and in Zimbabwe specifically, chief amongst the causes is cataracts or opacity of the eye or the eye globe which emanates from aging and other causes such as genetic predisposition.
We also have other significant causes of blindness such as an injury to the eye. An eye globe might be damaged and it will be perforated. These injuries happen at work places and in our households and even among school children as they play. One of the causes of blindness which is completely preventable is an infectious cause known as blinding trachoma which is caused by bacteria known as Chlamydia which is spread by a household fly. I would like to emphasise on this cause of blindness as this is completely preventable and is completely curable.
We also have diabetic blindness which is caused by sugar accumulation when the condition of diabetics is not properly controlled. We also have glaucoma which can also lead to blindness. The other question refers to jaundice or yellow eyes or yellow mucosa. This is not a disease but it is a symptom telling us that something is not well in the liver, either due to liver disease or liver infection or any other cause. In this case, one should go to the nearest health facility for investigation so that we know the cause and we get appropriate help. I thank you Mr.
President.
WRITTEN SUBMISSIONS TO QUESTIONS WITH NOTICE
STATUS OF NYAMANDLOVU CLINIC
- HON. SEN. S. MPOFU asked the Minister of Health and Child Care to clarify whether Nyamandlovu Clinic in Matabeleland
North Province is a district hospital or health service centre and if it is a district hospital, to explain why it has no resident doctor.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Nyamandlovu is a designated district hospital for Umguza District, and is currently functioning as a rural hospital due to the unavailability of infrastructure. (Reasons as to why there is no infrastructure is as per answers to Question 1.) The current state of the hospital and its functions does not require a resident doctor. A District Medical Officer is available on a visiting basis.
CONSTRUCTION OF MORTUARY AND STAFF HOUSES AT
NYAMANDLOVU CLINIC
- HON. SEN. S. MPOFU asked the Minister of Health and Child Care to state when a mortuary and staff houses will be constructed at Nyamandlovu Clinic in Matebeleland North Province.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Nyamandlovu hospital is currently the designate district hospital for Umguza. It is designated as it cannot perform the full functions of a district hospital due to infrastructural incapacitation.
Of note, the district was allocated RTGs $3 million in the budget and the province is still awaiting release of these funds from the Ministry of Finance and Economic Development. It is however of concern that this amount will not suffice for the construction and furnishing of the hospital block, para-clinical, administrative departments and staff accommodation. We however hope that amount will be released soon so that the works can start in earnest. The Ministry of Public Works is fully abreast of the developments of the construction of the district hospital as this has been discussed in a provincial forum quite recently.
A mortuary is part of the district hospital design and thus when the hospital will be built; it will be part of the structures.
It is noted that there were community members who were willing to build a mortuary at Nyamandlovu hospital and this is encouraged while we await the funds from the Ministry of Finance. The community is urged to work with the Ministry of Public Works to see through this development.
NATIONAL AIDS COUNCIL STRUCTURE AT PROVINCIAL
LEVEL
- HON. SEN. TONGOGARA asked the Minister of Health and
Child Care to explain why the National Aids Council structure at provincial level lacks the vital position of a programme officer.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): The National AIDS Council mandate is to coordinate and manage the multi-sectoral response to HIV and AIDS through decentralised level structures such as Provincial Action Committees,
District AIDS Action Committees and Ward Action AIDS Committees.
National AIDS Council does not implement programmes but works with partners who have a comparative advantage in various HIV and AIDS programmes. In order to remain relevant and serve our communities as well as addressing the changing landscape of the HIV and AIDS especially with the advent of antiretroviral therapy, the National AIDS Council continues to review its structure and positions that will enable it to deliver effective, affordable and cost-effective programmes. The post of programme officer is one of several positions that has been modified to ensure the National AIDS Council is fit for purpose. This is for coordination at national level.
National AIDS Council is no exception. The issue of gender balance at NAC can however only be addressed once vacancies arise and women with the required minimum qualifications and experience respond to public advertisements for the positions. Those who apply will be considered on merit and if found suitable, they will be appointed to any position within the National Aids Council
GENDER IMBALANCES IN THE NATIONAL AIDS COUNCIL LEADERSHIP
- HON. SEN. TONGOGARA asked the Minister of Health and
Child Care to explain why there are gender imbalances in the National
Aids Council leadership, particularly at Chief Executive Officer and Director levels.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): The National Aids Council currently has six positions of directors and that of Chief Executive Officer. Of the six directors, two are female and four are male whilst the Chief Executive Officer position is currently vacant. The Ministry is very much aware of the need to have gender and regional balance within all its institutions and parastatals National Aids Council is no exception.
The issue of gender balance at NAC can however only be addressed once vacancies arise and women with the required minimum qualifications and experience respond to public advertisements for the positions. Those who apply will be considered on merit and if found suitable will be appointed to any position within the National Aids Council.
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
BILLS RECEIVED FROM THE NATIONAL ASSEMBLY
THE HON. DEPUTY PRESIDENT OF SENATE: I have to
inform the Senate that I have received the following Bills from the National Assembly:
- The Micro-Finance Bill [H. B. 11, 2018]; and
- Consumer Protection Bill [H. B. 10A, 2018].
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
First Order read: Adjourned debate on motion on the Report of the
Speaker of the National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral visit to the Shura Advisory Council, Doha, Qatar, 30th March to 4th April, 2018.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND CENTRAL PROVINCE (HON. MAVHUNGA): Mr. President, I
move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 18th June, 2019.
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE AFREA
CONFERENCE ON MONITORING AND EVALUATION HELD IN
ABIDJAN
Second order read: Adjourned debate on motion on the Report of the delegation to the AfrEA Conference on Monitoring and Evaluation held in Abidjan, Cote d’Ivoire.
Question again proposed.
HON. SEN. CHIEF MATHUPULA: I move that the debate do
now adjourn.
HON. SEN. SEKERAMAYI: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 18th June, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights Commission Annual Report.
HON. SEN. S. NCUBE: On a point of order Mr. President. I do not think that we any longer form a quorum.
[Bells rung].
Notice having been taken that there being present fewer than 26 members, the bells were rung for Seven Minutes and a Quorum still not being present, THE HON. PRESIDENT OF SENATE adjourned the
House without question put at a Minute to Four O’clock p.m. pursuant to the provisions of Standing Order Number 55 (2).
NOTE: The following members were present when the House adjourned: Hon. Sen. Chimbudzi, Hon. Sen. Chief Chundu, Hon. Sen.
Gumpo, Hon. Sen. Masendu, Hon. Sen. Chief Mathupula, Hon. Sen.
Mavhunga, Hon. Sen. Moeketsi, Hon. Sen. Mohadi, Hon. Sen. S.K.
Moyo, Hon. Sen. Muzenda, Hon. Sen. S. Ncube, Hon. Sen. Nhema, Hon. Sen. Chief Ntabeni, Hon. Sen. Nyangazonke, Hon. Sen. Nyathi, Hon. Sekeramayi, Hon. Sen. Shumba, Hon. Sen. Siansali and Hon. Sen.
Timire.
A st230240 11.06.19
PARLIAMENT OF ZIMBABWE
Tuesday, 11th June, 2019
The Senate met at Half-past Two o’clock p. m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
ICT LITERACY TRAINING SESSION
THE HON. DEPUTY PRESIDENT OF SENATE: I wish to
inform the Senate that there will be half day ICT literacy training sessions for male Members of Parliament. The sessions will be held at the TelOne learning centre at Harare Show grounds in Belvedere from
17th June to 12th July, 2019. The training will be conducted in groups of
40 members over a period of three days. An officer from the
Information Technology Department will be stationed at the Members Dining every sitting day from Tuesday 11th to Thursday, 13th June, 2019 for registration purposes.
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
First Order read: Adjourned debate on motion on the Report of the
Speaker of National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral visit to the Shura Advisory Council in Doha, Qatar, 30th March to 4th April, 2019.
Question again proposed.
*HON. SEN. TONGOGARA: Thank you Mr. President. What impressed me about this report by the Speaker of the National Assembly Hon. Advocate Mudenda is that the country of Qatar had problems which are similar to us. Neighbouring countries imposed illegal sanctions on Qatar. When these sanctions were imposed, Qatar did not sit down and mourn but they devised their initiatives of overcoming up these sanctions. As far as they were concerned sanctions forced them to think deeper and look for survival ways and develop their economic and social lives. The reason why I am making this point is that let us emulate what is being done by Qatar. The illegal sanctions imposed cut off trading with other countries and even travelling but that did not dampen their spirit. On the contrary, they worked harder, they were united and motivated. They worked as a team in developing their country and their families.
On the same manner, I am encouraging my fellow Zimbabweans that despite the illegal sanctions imposed on us, Zimbabwe is a rich country. We should utilise that and follow the steps taken by Qatar and I know we will definitely develop. If Qatar did it, why can we not do it?
Let us remember unity is strength. Thank you Hon. President – [HON. SENATORS: Hear, hear.]
THE MINISTER OF STATE FOR MIDLANDS PROVINCE
(HON. SEN. MAVIMA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 12th June, 2019
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE AFREA
CONFERENCE ON MONITORING AND EVALUATION HELD IN
ABIDJAN
Second Order read: Adjourned debate on motion on the report of the AfrEA Conference on Monitoring and Evaluation held in Abidjan,
Cote d’Ivoire.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I just want to thank the mover and the seconder of this report. I want to put it forward to this august House that whenever we talk about monitoring and evaluation which is the main topic of this report, really in whatever we do, either business or project; as long as there is no evaluation of the project and no monitoring of that project, it ends up not functioning well because there is no supervision at all. Even if it is either the
Government or any other person implementing such a thing, as long as it is not monitored and evaluated, you will find that it does not work well.
Why do we monitor? We monitor in order to find out whether the project is progressing. Even if it is not progressing, we would want to see where the failures are and they need to be corrected. When we evaluate, you will find that we want to see that what we have been carrying on has been achieved. Because whenever you plan, you do it in order to achieve. You do not just plan for the sake of planning. You will have to achieve whatever you are planning. Even the Government itself has different ministries which are given different assignments. Those assignments have to be monitored and they have to be evaluated for the future budgets. If you do not monitor and evaluate, you might not even be in a position to know what you are budgeting for because you do not even know from the past whether you achieved anything. If you did not achieve, why did you not achieve?
So, this is a very important component in development. As long as we are in development, there should be monitoring and evaluation of whatever we have planned or what we have implemented. With those few words Mr. President, I would want to thank you.
HON. SEN. CHIEF NECHOMBO-CHIKUKWA: I move that
the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th June 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human
Rights Commission annual report.
Question again proposed.
THE MINISTER OF STATE FOR MIDLANDS PROVINCE
(HON. SEN. MAVIMA): Mr. President, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 12th June 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
Fourth Order read: Adjourned debate on the report of the 44th
Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SEN. MOHADI: Mr. President, I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th June, 2019.
HON. SEN. CHIEF CHIKWAKA-BUNGU: I have a question if
I am allowed Sir. Concerned Mr. President about some Ministers who are not attending but I do not know if this is the correct platform to ask, we have so many questions that are deferred since last year 2018. We do not know what can be done to have those Ministers come and attend to our questions which are now overdue. Thank you Sir.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen.
Chief Chikwaka, I think I raised that issue myself last week but one and it is receiving due attention. But, you are right. We realised that many Hon. Members have questions which have to be attended to.
On the motion of THE MINISTER OF STATE FOR MIDLANDS PROVINCE (HON. SEN. MAVIMA), the Senate
adjourned at Ten Minutes to Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 23rd May, 2019
The Senate met at Half-past Two o’clock p. m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF SENATE
SWITCHING OFF OF CELLPHONES
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen. Members are reminded once again to switch off their cellphones or put them on silence.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. SIPANI-HUNGWE: My question is directed to the Acting Minister of Local Government, Public Works and National Housing. I know that the Minister of Higher and Tertiary Education Science and Technology Development is the acting Minister.
THE HON. DEPUTY PRESIDENT OF SENATE: I am not privy to that. Hon. Minister Murwira, are you the Acting Minister of Local Government, Public Works and National Housing?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): That is correct Hon. President.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen. Sipani-Hungwe, you can go ahead with your question.
*HON. SEN. SIPANI-HUNGWE: My question is on local authorities; let me give you an example of City of Harare. It is almost five months now and the workers have not been paid and we have also realised that many children are not going to school. What is Government policy when workers work and they are denied salaries which results in the suffering of their children.
THE DEPUTY PRESIDENT OF SENATE: Hon. Senators are reminded to ask questions on policy matters. The question which the Hon. Senator is raising is specific and you are advised to put that in writing so that the relevant Minister can research and find out the circumstances and come and brief the House.
*HON. SEN. CHINAKE: My question is directed to the Acting Minister of Local Government, Public Works and National Housing. Councils are supposed to get grants but this is no longer happening, what is the policy on grants?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA) on behalf of THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): Hon. President, I want to admit that I cannot answer this one directly here. I want to say the questions that I am very competent with are questions that are around urban transport but this one, I want to admit that I will put it down and refer it to the substantive Minister when he comes, if I am allowed.
THE HON. DEPUTY PRESIDENT OF SENATE: I think that is fair.
HON. SEN. MAVETERA: Thank you Mr. President. My question is directed to the Acting Minister of Local Government. What is the Government policy on urban authorities which are selling stands in foreign currency when their role is to make accommodation available to the general populace who work and are paid in our local RTGS currency?
THE MINISTER OF HIGHER AND TERTIARY EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA) on behalf of THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): Thank you Hon. President. Again Hon. President, you would excuse me again to say I am very competent with questions on urban transportation. On this one, I will take the question down and refer it to the substantive Minister if I am allowed.
THE HON. PRESIDENT OF SENATE: I must hasten to add that I am disappointed by the low turnout of Ministers – [HON. SENATORS: Hear, hear.] – In my opinion, the Ministers are not taking this Chamber seriously [HON. SENATORS: Hear, hear.] – we will have to take the necessary measures to try and correct the situation but on your behalf, I must register my very disappointment. Senators are supposed to get fair answers for their concerns and it is not possible when you have only two Ministers. I commend the two Ministers who have come. We have only received an apology from one Minister Hon. Coventry, the Minister of Youth, Sport, Arts and Recreation. We have not received any apology from any other Minister and this is not acceptable, it is not acceptable at all. Let us make do with what we have for today but I can assure you we are going to write to the highest authorities.
HON. SEN. SHOKO: Mr. President, you seem to have taken the words out of my mouth. The questions that we have got are for the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement, the Minister of Finance and Economic Development, the Minister of Labour and Social Welfare and I believe that Hon. Minister Murwira who is here might simply tell us that, let me go and research and if it was possible, we would simply jump that area or you would simply ask the people that have issues on education to ask him issues on education. When we have finished, we move forward if it is acceptable because we will be wasting our time to ask him our questions that are for other Ministers. I thank you Mr. President.
THE HON. DEPUTY PRESIDENT OF SENATE: That point is noted and that is why I said, let us make do with what we have for today. Your point is very valid and noted.
HON. SEN. CHINAKE: I just want to ask again the Minister who is here on questions on urban transport. As the price of fuel has gone up, and I have seen you dropping the price of buses around the towns, I just want to know if there is any profit, anything concrete or you want to serve the people because I do not see us going anywhere with that type of bus fares. Thank you.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you Hon. President and I wish to thank the Hon. Senator for the question. I want to assure you Mr. President and to assure the Hon. Senator that we are going somewhere and I will prove it: 1) the cost of urban transport in Zimbabwe is overpriced and it is overpriced because people cannot contain leakages in their revenue collection systems. So, their insurance is to overcharge. Hon. President, when one is going from town to Mt. Pleasant for example in a kombi, you barely use a litre of fuel. It basically means that the cost of fuel is per litre but that litre takes you on average something like 10 kms, and it is not one person who is in that kombi. There are several who are in that kombi.
So, our pricing model is based on containing the inherent inefficiencies in our money collection systems. So, it is like a panda ufe kind of approach yokuti touraya wauya iyeye, uchabhadharira all those who have absconded. So, what we have done with the transportation system especially with ZUPCO is to say, let us have an electronic tap and go system. This means that, a user or a commuter has an electronic card in which they charge. They put their money just like you put your money in the fore, even before they use that bus. That basically means that there is no leakage but they just tap and they go into the bus and that bus is being tracked. We can see where it is, when it is fueling, its speed and how much fuel it is using. This is a system that was developed through the Ministry of Higher and Tertiary Education, Science and Technology Development – Harare Institute of Technology to support the technological capability of ZUPCO.
So, I want to say that we want a pricing model that is fair. I mean, if you go to certain countries, certainly Europe if you pay $5, you will spend the whole week moving about. So we ask a question, why is it that troubles are always going to the poor? Every time the poor pay more and they have less money. It is the systems that we put in place that will show whether things are cheap. The profit does not come from charging exorbitant fees per person but it is the inefficiency of operation. It is also in the efficiency of the money collection system and it is also in the inefficiency of leakages in trying to contain leakages.
So we are saying, it might be alarming that it is from $2 to 50 cents. What prompted that? What prompted that is basically the improvement in the efficiency of collecting the money. Just imagine 100 people or 1 million people pay $10 to ZUPCO because they want to travel someday. That is already $10 million RTGS. It is in ZUPCO which has not even started travelling but they already have operational money. They are not waiting for a person by the way to come into the bus, the person has already paid.
So, I want through you Mr. President, just to assure the Hon. Senator that our pricing model because sometimes we get used to the abnormal, our pricing models are not normal. There are three things that control the world, one is greed, two is ignorance and three is stupidity. So in this case, I want to say we get so controlled by greed that we do not recognise that the next person close to me also deserves a life. So through this philosophy, we have now implemented that electronic system that has explained why prices are down, that is the explanation. Thank you Hon. President.
HON. SEN. MWONZORA: Thank you very much Mr. President. It is a follow up to the explanation by the Hon. Minister and I should say that I am impressed by your knowledge of the world. My simple question is, are you suggesting that the more than proportionate increase in the price of fuel should not have any effect on the prices. When the Government increased fuel, was it not aware of the pricing model in Zimbabwe? Was it not aware of the consequences to the poor people not foreseeable or foreseen? I thank you.
HON. PROF. MURWIRA: Thank you Hon. President and I wish to thank Hon. Sen. Mwonzora for the question. I want to say that the fuel question, ZUPCO is also buying fuel. So, it is affected by the fuel increase but then how did we respond to the fuel increase? We responded by employing technology, by making sure that if we employ the technology, we will make use of every drop of fuel that we use. So the issue of energy and the price of fuel, I cannot answer that. That is the question of the Minister of Energy and Power Development but as transport, us with a business of buses, we said how do we respond to the escalating costs or to the high cost?
We basically asked ourselves that were we charging fair prices in the first place? The next question was - what is the correct price if you collect all the money from all the people? Then our conclusion is, the pricing models that are being used in the transport sector are the panda ufe type. They are not the type that recognises that you can employ technology and collect all your money, even in advance so that it enhances your operations. So, what we are basically saying is that Zimbabwe as a non-oil producing country, we know we are victims to any increase in the world fuel price. However, as businesses who are using that fuel have to employ technologies that makes sure that every drop of fuel, I can say tinosvina fuel iyoyo kusvika yabuditsa something. That is the response, it is a technological response. I thank you Mr. President.
*HON. SEN. CHIEF. NHEMA: My question is a follow up on the issue of ZUPCO buses Hon. Minister. We want to know when these buses can be made available to the rural areas because we are also experiencing transport problems.
*HON. PROF. MURWIRA: Thank you Hon. Senator Chief. There are plans to have the buses but so far we have received 39 buses but more are on their way. We believe and know that once the buses have arrived they will cover all parts of the country. We also think with the technology that I have referred to, we will be able to curb corruption and the bus service will be efficient. We all know that ZUPCO once came to a standstill because of poor management but we hope this will be something of the past. Once a person swipes their card, the system will dictate that someone has made a payment and from where. This will enable us run efficiently countrywide, but this cannot happen overnight. It is a process and we are almost there as said in English, it is in the pipeline and the pipeline is very short now. Thank you.
*HON. SEN. MAVETERA: I am a little bit taken aback by the Minister who said we already have 39 buses which have come. As the populace we witnessed the unveiling of 300 buses which we thought by now we should be actually having out of the targeted 1 000 buses. I just want to ask the Hon. Minister when we are going to get that batch of 300 buses because as the population we expected that we should be enjoying the services of those buses now.
HON. PROF. MURWIRA: I wish to thank Hon. Sen. Mavetera for his question. When you buy equipment there is equipment bought and equipment delivered. That is why I was talking about a very short pipeline for delivery. We are always interested in providing a service and I do not think there is anyone who will be interested to see people suffering from lack of transportation. The intentions are good and what we are basically saying is we are very serious about it. The policy is the buses must come from a policy level. On delivery, the pipeline is very short now and we are sure that they will be delivered because they were ordered and what is left is delivery.
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT
INAUGURAL ZIM FOOD AND CULTURAL FESTIVAL
THE HON. DEPUTY PRESIDENT OF SENATE: I would like to inform the House that Hon. Members are cordially invited to a cooking competition at the Inaugural ZIM Food and Cultural Festival on Friday, 24th May, 2019. The competition will take place at the Harare Gardens immediately after the official opening which is scheduled from 1100 hours to 1230 hours. All female Members of Parliament are encouraged to take part. For more information, kindly liaise with the Public Relations Officers who are stationed in the courtyard.
HON. SEN. S. MPOFU: My question is directed to the Minister of Justice, Legal and Parliamentary Affairs, Hon. Ziyambi as Leader of the House. Hon. Minister, noting that many people in Chimanimani, Chipinge and parts of Masvingo were affected by Cyclone Idai, many people lost their identity documents. What is Government doing to have those people obtain all the required documents?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, Hon. Minister Murwira is the Acting Minister of Local Government and they are in charge of the Civil Protection Unit that is coordinating that. I will defer the question to him so that he can respond. I thank you.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA) on behalf of THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): I wish to thank Hon. Sen. Mpofu for the question. Identity documents are given by the Ministry of Home Affairs and Cultural Heritage. However, as Government we are cognisant of that fact that people might have lost their identity documents and a programme is there to expedite the access of the said documents by the affected people but of course, action through the Ministry of Home Affairs although the Minister of Local Government is Chairing this Committee.
*HON. SEN. WUNGANAYI: Thank you Mr. President for allowing me to ask my question at last. Through you Mr. President my question to the Minister, actually I had lost my train of thought because you have been skipping me when I rose first.
THE HON. DEPUTY PRESIDENT OF SENATE: Do not worry Hon. Senator, mhinduro yake inononoka – [Laughter.] –
*HON. SEN. WUNGANAYI: Minister, you spoke eloquently on the issue of public transport and the fuel price increases but what is worrying me is: now that you have put a system to close loopholes to avoid pilferage of funds, but on the other hand we do not have enough buses - what will happen. I say this because it seems the buses are not available right now so we might be fooling the nation.
*THE MINISTER OF HIGHER AND TERTIARY EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. MURWIRA) on behalf of THE MINISTER OF LOACL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): I want to assure the Hon. Senator that we do not joke with such things to the nation. Let me say to the Hon. Senator, when we started the mass urban transportation system in January, ZUPCO had 57 buses but the buses that were released on the road were more than that. We use the franchising system just like UBA taxes, UBA does not own any taxes but it has got taxes on the road. It is planning effectively and efficiently. The buses on the roads are there on behalf of ZUPCO, they belong to different companies.
The buses that will come will add to the buses which are there already. The truth of the matter is that they are coming, they might be late but they are coming. As the Government, we cannot lie because there is no reason to lie to the nation.
*HON. SEN. WUNGANAI: Hon. Minister, the buses that you are referring to, like you have likened to UBA; there are no buses out there. People are waiting until 08.00hrs waiting for cheap transport; the kombis have hiked fare prices up to $3 to $4. As the Government, what measures are you putting in place in order to protect our people from unscrupulous kombi operators?
THE HON. DEPUTY PRESIDENT OF SENATE: With all due respect, the Minister took some time to explain what he is doing about prices and he even gave examples. You should have listened, he answered that question.
*HON. PROF. MURWIRA: I am answering as the Minister of Local Government, Public Works and National Housing who is competing with those kombis. We have our bus called ZUPCO which I have power to talk about. The other issue on the pricing of kombis is answered by the Hon. Minister of Transport and Infrastructural Development. So, I have heard your concerns but my hands are tied because I am talking about the price increases of fuel and I have told you about the e-ticketing so that the price increases in fuel will not affect our operations. Thank you.
*HON. SEN. CHIRONGOMA: My question is directed to the Minister of Public Service, Labour and Social Welfare. This year we have a severe drought because of the shortage of rain. Our President is saying no one will starve to death. So we want to know the position of our food reserves in the nation and the distribution plan to people living with disability, the elderly and the composition of the distribution team.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President and Hon. Sen. Chirongoma for his question. Yes, the President said no one will starve but this year we have experienced drought which means we have a low harvest. As of now, in our granaries, we have approximately 560 000 metric tonnes including the 500 000 strategic reserve; which means our supplies are low. The department of agriculture has already started asking for tenders so that we will be able to import about 700 000 metric tonnes of maize so that we cover the gap which we are anticipating after our harvest in order that we get to the next season
On the question of the composition of distributors, this question has risen several times and has been referred to the Minister of Labour, which means he is aware of the right Minister to address who spearheads the issues of social welfare. It is their burden to see to it how maize has been distributed and they are the ones who do the vulnerability assessment study. Those who are able bodied like myself and Hon. Murwira are supposed to do food for work. Thank you.
*HON. SEN. KOMICHI: On the second question that you have answered, there is need for stressing that because people are still being denied access to food based on political lines.
Last week I was in Buhera .....
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen. Komichi, you want to ask a supplementary question .....
HON. SEN. KOMICHI: Yes, on food distribution.
THE HON. DEPUTY PRESIDENT OF SENATE: Can you ask the question?
HON. SEN. KOMICHI: There is evidence on the ground that food distribution is done along partisan lines. Does the Government still want to maintain partisan food distribution or they are not prepared to change since now we are in the new dispensation. We experienced that in the last Mugabe Government and we expect a change. Are you prepared to effect a change in this new Government?
*HON. ZIYAMBI: I would like to thank the Hon. Sen. for his question which now seems like a song but it is false – [HON. MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY PRESIDENT OF SENATE: Order.
*HON. SEN. CHABUKA: On a point of order, I think the Minister should apologise because of the language that he has used as the Leader of the House. We are here to represent people outside there as Members of Parliament. At this present moment, people are watching us on television and you are doing something which is not good to us....
THE HON. DEPUTY PRESIDENT OF SENATE: What exactly in particular?
*HON. SEN. CHABUKA: How can the Minister say that the Hon. Sen. is not telling the truth? We cannot do that because we are in the UPPER House and we are leaders. May the Minister apologise as a Leader of the House.
*HON. ZIYAMBI: Thank you Mr. President. The question that has been asked by Hon. Sen. Komichi is not new. It is asked time and again but it is not true – [HON. MEMBERS: Inaudible interjections.] –
HON. SEN. CHABUKA: Point of order Mr. President.
THE HON. DEPUTY PRESIDENT OF SENATE: Order. Sen. Chabuka, you have raised a point of order and I have asked you – what in particular did you find offending. I am asking the Minister ....
HON. SEN. CHABUKA: He must withdraw and apologise to the ...
THE HON. DEPUTY PRESIDENT OF SENATE: No, no, no. I am the one who rules about withdrawing. So I want to find out what exactly do you want withdrawn and I am asking him to explain.
*HON. ZIYAMBI: Thank you Mr. Speaker. The issue that has been raised by Hon. Sen. Komichi is not new in this House. It is an issue which seems like a song which is being sung but it is not true. I have said so because Government has guidelines to follow when distributing maize. We have councillors who work together with social welfare officers and village heads. These work together and they are the ones who consolidate the list of people living in the villages putting them in categories of disabled, aged and the able bodied who are able to do food for work.
It would be of great assistance if the Hon. Senator would come up with a list that he puts down because according to the way that Government operates, there is never a time when people were asked to produce a party card but a list of vulnerable people is the one that is required.
May I also highlight that in my Constituency, there is a councillor who is not ZANU PF but because he is from that ward, he will be present and participating in the distribution of maize. That is why I said this issue has been repeated for a long time. Zimbabwe should now know that it is a song but a false song – [HON. MEMBERS: Inaudible interjections.] -
THE HON. DEPUTY PRESIDENT OF SENATE: Order, order. We need to make progress. What I have noticed for the time I have been in the Chair, that question which Hon. Sen. Komichi has raised keeps coming up time and again. In my own opinion, I think this is up to the Minister and it is only fair for you to write the incidents and dates where that occurred so that that can be dealt with because for as long as you keep on saying it without any evidence, it remains I think in legal language – Hon. Sen. Mwonzora will help me; what they call ‘hearsay evidence’. Is it not correct Hon. Sen. Mwonzora? - [Laughter.] – It remains heresay evidence.
In the interest of proving your point Hon. Sen. Komichi, can you please try and do that.
*HON. SEN. KOMICHI: When I asked the question, I was just giving a pre-warning.
We do not want to expose each other as a nation because we are going to bring in tonnes of evidence from all over the country next time. I will not ask this question again but I can assure you the next time that I stand up here, I will be having a trolley of evidence of the people that are being victimised in the rural areas because of food distribution. We want this thing to stop once and for all. We cannot continue to live in a country where people are being segregated based on partisan lines...
THE HON. DEPUTY PRESIDENT OF SENATE: You are repeating what I have said. You can sit down.
HON. SEN. MAVETERA: My question is directed to the Leader of the House since the Minister of Lands and Agriculture is not here. What is the Government policy on people who are now evicted from the farms which they occupied for the past ten years but they are being forced to go back where they came from when there is nowhere to go?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, we have a clear programme of resettlement but over the years, what has happened is that in our resettlement programme, we have had people coming from wherever they are going to settle in areas that have been reserved for pastures. Government’s position is that we should put order in the resettlement areas. By putting order, we want to ensure that those that have been resettled legally have sufficient pastures and hectarage to cultivate their crops and for a household.
Many times, we have found out that the village heads and some other people were settling people in areas that were not designated for that. As a result, we have come up with a programme to ensure that we put a human face to the evictions to say that if people are resettled in pasture areas, they are advised that the area they are occupying is illegal. Government is coming up with a programme to ensure that they go back where they came from. Should it be proved that they do not have anywhere to go, then alternative places to go are identified and the respective families will go and build. They will be allowed to harvest their crops first then they move to the particular places.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President. My question is directed to the Leader of the House regarding agriculture. The producer prices for farmers were announced but do they not encourage the farmer to go back to the field? What does Government look at before stating producer prices? If the Lord above gives us more rain in the next season, will the farmer readily go back to the field because the prices are low and very discouraging?
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr President and I thank the Hon. Sen. for the question. Every Cabinet sitting we are briefed on the state of agriculture in the country by the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement, Hon. Shiri. He talks about crops which include soya beans, wheat and maize. He looks especially on the pricing of such products at the aspect of the farmer going back to the farm in the following season. He is very passionate about this.
HON. SEN. NCUBE: Thank you Mr. President. My question is directed to the Leader of the House, Hon. Minister Ziyambi. What plans does the Government has on the high inflation that is shooting up every day?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. This is a very important topic that you have raised. I have discussed with the Minister of Finance so that the same presentation that he did in the Lower House, perhaps he needs to do it here. Unfortunately, this week he is away on business and when he comes back, I want Hon. Senators to be afforded the same opportunity so that we can exhaust the questions that you have. With your indulgence Mr. President, I would request the Senator to defer it so that we give it the due recognition it deserves and the Minister will explain accordingly.
HON. SEN. NCUBE: I have a supplementary question Mr. President.
THE HON. DEPUTY PRESIDENT OF SENATE: Senator Ncube, I cannot just fembera fembera if you do not stand up and say, Sen. Ncube, supplementary.
HON. SEN. NCUBE: My apologies Mr. President. Hon. Minister and Leader of the House, the situation is bad outside there. I do not think it would be proper for this House to wait for the Minister. We do not know when the Minister is coming. Maybe the House will also be adjourning today but outside there, it is hot. As I speak Minister, the rate between US dollar and bond note today has gone up to 80 percent. to get a US$10you have to have $80 bond notes. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Before I give the opportunity to the Minister, I want to assure you two things that the Minister is coming to give a statement on the state of the economy. Definitely, it is not in three weeks time, it is very soon. I can assure you, I do not think we are adjourning today. Definitely, we are coming back next week.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. The reason why I sought your indulgence to defer debate is that the Hon. Minister of Finance presented to the Lower House. So the concerns that are being raised by the Hon. Senator, the nation knows it was debated but I felt it was fair for Hon. Senators to be able to interrogate whatever they have when the Minister has finished presenting. That is the reason why I said there is no urgency per se because the nation was addressed. It was live on TV. The Members from the Lower House debated it but I thought it would give some form of dignity for him to come and do the same so that Hon. Senators can interrogate and be able to interact with him and he will respond accordingly. I thank you Mr. President.
*HON. SEN. SHOKO: I am directing my question to the Minister of Defence and War Veterans. Is it Government policy that military personnel come to fetch fuel at civilian filling stations where there are queues? The soldiers bring not only their cars and lorries but also jerry cans and drums to be filled. Is this Government policy?
* THE DEPUTY MINISTER OF DEFENCE AND WAR VETERANS (HON. MATEMADANDA): I hope that I will be able to give a polite response, please do not misunderstand me. Hon. Shoko is aware of the fact that whether a vehicle is used by the military or civilian, they all use the same fuel. If Hon. Shoko is referring to a case where the military personnel jump or disrupt fuel queues, I kindly advise him and other members of the public to take down the number plate of the offending car and the name of the driver which is on the name tag. I would like Hon. Shoko and other members of the public to first of all check whether the military personnel are obtaining this said fuel on a prior arrangement with the filling station management. This would be a different case if members of the public are saying military personnel come dressed in their camouflage to fill up their private cars.
*HON. SEN. SHOKO: I understand the explanation given by the Minister but my question still stands that - is the Government so broke that we have no fuel supplies in our military filling stations which make the army source fuel from civilian filling stations?
*HON. MATEMADANDA: Thank you Mr. President. Let me thank Hon. Sen. Shoko again for the supplementary question. May be it is a problem that as a country, we see as if we are not all getting adequate fuel. But Hon. Sen. Shoko knows that ZNA is known as the People’s Force, mauto evanhu. There has never been a division between the army and the ordinary people. We have always been thinking that we are the same and I know that, that is true. That is why we draw fuel from the same civilian service stations when need arises. I thank you.
+HON. SEN. NDLOVU: Thank you Mr. President. My question is directed to the Minister of Public Service, Labour and Social Welfare. I have noticed that throughout the country, we have NSSA offices dotted all over which is a sign that Zimbabwe has a lot of workers who have been working throughout their life and now have gone on pension. My question is - why are these people paid little amounts such as RTGs$80 which is an equivalent of US$10 and cannot buy enough food such as meat, bread, sugar and beef to sustain the pensioners?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I want to thank the Hon. Sen. for the question and for her concerns which are well received and acknowledged. However, this is very specific and in terms of pension distributions and how it is distributed, I think the pension houses even employ professionals, actuarial scientists to do the calculations. I would indulge the Hon. Sen. to put that in writing so that it can be interrogated to say as an organisation, you have these assets and you have taken people’s money, why are you still giving this kind of money given the circumstances? I thank you Mr. President.
Questions Without Notice were interrupted by THE HON.
DEPUTY PRESIDENT OF THE SEANTE in terms of Standing Order No. 62.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
RELOCATION OF PEOPLE LIVING IN SHANTY HOUSES IN KARIBA
- HON. SEN. GUMPO asked the Minister of Local Government, Public Works and National Housing to inform the House when people living in shanty houses in Mahombekombe Township, Kariba will be relocated considering their exposure to the risk of high voltage electricity transmission power lines.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. MHLANGA): Thank you Mr. President. Let me start by thanking the Hon. Sen. Gumpo for asking the question. It may please this august House and the nation at large to note that already there is a housing project in Kariba being carried out by the Infrastructural Development Bank of Zimbabwe. The project is (Kasese Housing Project). We envisage as a Ministry that, the project is going to address in a holistic manner the plight of Mahombekombe in Kariba living under high voltage power lines. I thank you.
MOTION
BUSINESS OF THE HOUSE
THE MINSITER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President Sir. I move that Orders of the Day, Nos. 1 to 4 be stood over until Order of the Day, No. 5 has been disposed of.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fifth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. S. K. MOYO: Thank you Mr. President. It is my pleasure to wind up the motion I moved on the Presidential Address on the First Session of the Ninth Parliament delivered on Tuesday 18th September, 2018. I wish to pay gratitude to the seconder of my motion Hon. Sen. Mbowa and to all Hon. Senators who subsequently contributed to the debate. Mr. President, I regret that Hon. Ministers did not give expected responses to matters raised during the debate in respect of their portfolios, admonished such conduct and I want to totally agree with you that such spirit of none cooperation between the Executive and the legislator does not contribute to nation building.
Ministers’ responses are a sine qua non to enhanced national development. Mr. President, I also want to extend my gratitude to all Hon. Senators who did not contribute to the debate, obviously demonstrating that they were very satisfied by the incisive and all embracing speech delivered by his Excellency President E. D. Mnangagwa with such admirable precision.
Mr. President, those Hon. Senators who contributed to the debate did so with great responsibility, character and leadership. They understood the contents of the Presidential Speech chapter and verse with focused minds and analytical sense of purpose. They grasped the issues related to the state of the economy, including food security matters, social services, infrastructure development and utilities, water and sanitation and even proffered solutions in their wisdom. They tackled informatively macro-economic stability and the inclusive growth, devolution, value addition and beneficiation as well as the current Bills before Parliament.
Mr. President, they debated with authority as true representatives of their constituencies giving hope to the nation that this is truly a vibrant Chamber. We indeed need such robust leadership dedicated on the service of our beloved country. We must pursue Parliamentary vibrancy at all cost. Mr. President, having stated my regret at the lack of contributions from the Executive, allow me to conclude my response by quoting His Excellency the President in his speech which I have already alluded to. “I exhort you all to undertake the legislative task before you as servant leaders emboldened by the people’s mandate which you each carry. History will judge us harshly should we renege on the sacrosanct duty to uplift the livelihoods of our people.”
From the people we come and to the people we must go. Mr. President with those remarks, brief as they are in consonance with my height, it is now my honour and pleasure to move that the motion be now adopted. I thank you Mr. President.
Motion 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 the 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.
SECOND READING
TRIPARTITE NEGOTIATING FORUM BILL [H. B. 5A, 2018]
Sixth Order read: Second Reading:Tripartite Negotiating Forum Bill, [H. B. 5A, 2018].
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Thank you Mr. President Sir. I bring before the Senate the Tripartite Negotiating Forum Bill. Allow me to go through the Clauses of the Bill so that Hon. Senators can appreciate it more fully.
Mr. President, this Bill seeks to establish a tripartite negotiation forum whose mandate is to ensure consultation, cooperation and negotiation on social and economic issues by governed organised business and organised labour for it is one of the doing business Bills that we are bringing to Parliament in order to ensure that we strengthen our governance and the way the country will move forward in terms of economic development.
The individual Clauses of the Bill are explained below. Clause 1 is basically standard and it sets out the title of the Bill. Clause 2 provides for certain definitions or terms that will be used in the Bill against a standard Clause. Clause 3 establishes the Tripartite Negotiation Forum which will be made up of a Chairperson, representatives from the Government, organised labour and organised business and sets out the objectives and functions of the forum.
Further, a technical Committee of experts drawn from the constituent Members will be appointed to assist the forum in its work. So, it will be made up of seven members from Government, seven from labour, seven from organised business and two observers. Clause 4 outlines the qualification of members. A member shall not qualify to be appointed unless he or she is a Zimbabwean citizen who has no previous conviction related to corruption or financial impropriety within five year period and is not insolvent. Clause 5 lays down the removal of business and labour members. It will be the discretion of each constituency to remove a member from the TNF at least 30 days after such notification. Clause 6 provides for filing in of vacancies which will be done by the respective constituency not later than 30 days from the date of vacation. Clause 7 lays out the duties of the Chairperson and the co-chairpersons. The Chairperson’s duty includes convening and presiding over all meetings and reporting to Cabinet while the co-chairpersons’ duty is they carry out duties assigned to them by the Chairperson.
Clause 8 provides for the establishment of the agenda setting of the TNF meetings which shall be the responsibility of the management Committee. Clause 9 defines the convening of the meetings and establishes that the quorum of the forum shall be met by 50% of the members provided that all constituent organisations are represented.
Convening of the meetings and establishes that the quorum of the forum shall be met by 50% of the members provided that all constituent organisations are represented. At least two meetings of the forum will be convened every year with provision for extraordinary and special meetings.
Clause 10 provides for the decisions of the main TNF which will be reached by consensus and will form recommendations to Cabinet.
Clause 11 provides for minutes or proceedings of the main TNF meeting which shall be kept in books and be used as evidence in a court of law signed by the Chairperson.
Clause 12 establishes the TNF technical committee which will be chaired by the Deputy Chief Secretary to the President and Cabinet. The Technical Committee will be composed of three clusters; which are the Economic Policy Cluster responsible for economic issues, the Labour Market Cluster responsible for labour market policy and the Social Policy Cluster responsible for social issues.
Clause 13 Mr. President Sir establishes a Management Committee composed of representatives from the tripartite constituencies nominated by their respective principals. It will appoint the Executive Director and oversee the secretariat operations and set the agenda of meetings.
Clause 14 sets up an independent secretariat headed by the Executive Director who will be a Zimbabwean citizen and will manage the operations and property of the forum and supervise forum employees.
Clause 15 just provides for the appointment of the members of the secretariat.
Clause 16 provides for the forum’s financial mechanism. The TNF will be funded by monies derived from the national fiscus and any other monies that they may vest in or accrue to the TNF.
Mr. President Clause 17 provides for management of the accounts of the forum and the appointment of an internal auditor. The TNF shall keep proper books of accounts and an annual statement of accounts shall be submitted to the Minister responsible for finance. The Minister shall approve the appointment of auditors by the forum. The auditors shall report to the forum on the statement of accounts prepared. Clause 18 provides for the auditing of accounts of the forum. The Auditor General will also audit the forum’s accounts in accordance with the Office Act Chapter 22: 18. The Clause allows the Minister to request for reports, statements and explanations from the auditors in connection with the forum’s funds, activities and properties.
Mr. President, Clause 19 provides for the preservation of secrecy and confidentiality and gives members and obligation to uphold confidentiality and makes it a criminal offence to disclose confidential information. Clause 20 gives the Minister authority to make regulations which may provide for, among others, periodicity of meetings, attendance to meetings, quorum and nomination of members, admission of new members, staff regulations and composition of clusters.
Lastly Mr. President Sir, Clause 21 provides for the setting up of the Standing Rules of the forum. The Standing Rules give provision for objections of items on the agenda, motions and resolutions, procedure for amending documents under discussion, right to address the meeting, decorum, and circulation of the agenda, group autonomy, caucus and amendment of Standing Rules, among others. Mr. President, this is the Tripartite Negotiation Forum Bill. 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: With leave; forthwith.
COMMITTEE STAGE
TRIPARTITE NEGOTIATING FORUM BILL [H. B. 5, 2018]
House in Committee.
Clauses 1 to 3 put and agreed to.
On Clause 4;
HON. SEN. MAVETERA: I think the qualification period for someone who has a criminal offence which bars them from being qualified to be a member is too short. We have so many people in Zimbabwe. I think anyone with a criminal record should not be qualified to be part of the Tripartite Negotiating Forum. There is no need for limiting it to five years as if we are short of people in Zimbabwe. Anyone with a criminal record should not qualify, and anyone who has been insolvent should not qualify.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): While, I appreciate the concerns of the Member that we are not short of qualified people, I think the world over, the trend is to move towards correctional services and rehabilitation and reintegration into society. The moment you then prescribe a longer period on somebody, it defeats the whole purpose whereby offenders are supposed to be rehabilitated. You incarcerate them, you rehabilitate them and integrate them into society. So, I believe five years is sufficient time for somebody to have been punitively punished as well as rehabilitated. I think we should adopt it as it is.
HON. SEN. MAVETERA: I think if the Minister comes to the House being rigid we will have serious problems and as the Senate, we cannot be taken just to rubber stamp. To be honest, this tripartite should not be a rehabilitation centre. I think 5 years is too short, we are dealing with public funds, things of national importance. Is there a process where they will be assessed to see whether they qualify other than just to say five year period has lapsed so this one qualifies. If we are not going to prescribe that for a longer period, 10 year period is good enough. Five years, I think we are just trying to open this forum to people with dubious characters for such an important national duty.
HON. ZIYAMBI: The tripartite negotiating forum is composed of three groups that are Labour, Government and Organised Business. Government has vetting processes. Anyone who comes from Government would have satisfied requirements to be in Government. We do not want to be very prescriptive to business for example, if we extend it for a long time, some of our dear comrades would not have been able to do business because they were incarcerated during the liberation struggle.
The labour movement; they know their people but we are just giving this guideline to say that anyone who will be seconded must not be incorporated within five years, and this Clause is uprooted from the Constitution. If you want to be a Member of Parliament, you should not have committed an electoral related offence within the last five years or have been jailed for over six months – it is there in the Constitution. We uprooted a provision that was voted for by the majority of the people but we are also alive to the fact that we do not want to over legislate. Organised labour will know the people that they want to second, organised business will also know and Government has got procedures and processes in terms of who they appoint. So, I so submit, otherwise I am not very rigid, I am being very liberal to say let us allow people to come to the table and discuss issues of national importance. I thank you.
HON. SEN. SHOKO: I certainly agree with the Minister, although I would have said, the issue that we are looking at is these are parties that are coming into this grouping, so it is also very unfortunate to say the parties themselves agreed to say if anyone of us has got this and that, my thrust would be there should be no restriction. For example, Japhet Moyo who is the Secretary General of the ZCTU is part of that tripartite; he is supposed to be there because he is the chief advisor of the labour. He goes in there and then he is told Japhet, you are insolvent, you are fraudulent, you must get out, it means therefore, the other parties are trying to fight this other party vakasunga ruoko rwayo because their chief advisor is gone.
Mr. President, I am simply saying, I will support his point because the parties that did it agreed on it but if it was to be re-negotiated and some people like me would be there, I would not agree to say we put in restrictions to the other parties. This is democracy. Remember, if we look at this thing here, it says we are taking this thing according to ILO standards. When you go to ILO, they do not check our finger prints; we just go there and participate. I thank you.
Clause 4 put and agreed to.
On Clause 5:
HON. SEN. SHOKO: I wanted to understand from the Minister where it says this Clause lays down the removal of business and labour members. Where are these things contained on Clause 5, to say if they do this, they do that and they will be removed? Is it somewhere?
HON. ZIYAMBI: I will go to the main part of the Bill which is Section 5, basically, Clause 5, removal of business and labour members and it says “it shall be the preserve of each constituency to remove a member from the main TNF provided that the removal shall not take the effect before the expiry of 14 days from the date of notification.
Clause 5 put and agreed to.
Clauses 6 to 11 put and agreed to.
On Clause 12:
HON. SEN. SHOKO: When I look at that, I am reading it with Section 30 which says ‘provided that the total number of appointees for Government shall be 14 and seven each for business and labour. Am I right?
HON. ZIYAMBI: I think he has the original Bill that has not been corrected having taken into consideration input from the Committee as well as what happened. We took care of that in the revised Bill that I have.
In my notes when I was reading, it says that there will be seven, seven, and seven. I took time to explain that it will be seven from Government, seven from Labour, seven from Business and two observers. The actual Bill that we now have has taken care of that.
Hon. Sen. B. Mpofu having started debating whilst sitting.
THE CHAIRPERSON: Switch on your microphone and stand up.
HON. SEN. B. MPOFU: I am sorry for that.
Looking at 13.1 (a), I wanted the Minister to motivate the reasons why because this is a tripartite forum. Why not two from labour, two from the Ministry and two from business rather than two from Ministry and then one from each – labour and business.
THE CHAIRPERSON: I think you have a wrong copy of the Bill. It is two and not one.
HON. SEN. NCUBE: I think the Bill that we have here is not the one that the Minister is reading. That is where we have a problem.
THE CHAIRPERSON: I am advised that the Bill was distributed today, this morning. It is H.B. 5 A, 2018. Do you have it? - [HON. SENATORS: Yes we have but the corrections were not incorporated.]
HON. SEN. SHOKO: That is why I asked that question because it still has 14, 7 and 7.
HON. ZIYAMBI: I got the Bill from Parliament and my assumption is that when I got this, they indicated that they were circulating it for Hon. Senators. I believe the Bill must be in your pigeon holes because the one that I read – if you were following my Second Reading speech, some of the issues that you are raising are indicated in the correct position. I believe Parliament Administration may assist on that.
THE CHAIRPERSON: I believe in the interest of time, where there is a query or an observation, let the Minister use his Bill to clarify that so that we can move forward. Otherwise we shall be here until tomorrow morning.
With that understanding we move to Clause 13.
On Clause 13:
HON. SEN. B. MPOFU: On 13.1 (a) that is the submission that I made. The Minister said it has been changed. Can it be highlighted because the one that I have does not have that?
HON. ZIYAMBI: Let me read it so that they are happy.
“13.1 (a) Establishment of Management Committee – There is hereby established a Management Committee composed of; (a) two representatives from the Ministry of Labour and two representatives each from organised business and labour respectively as nominated by the respective constituencies”.
Clause 13 put and agreed to.
Clauses 14 to 21 put and agreed to
First Schedule to Fourth Schedule put and agreed to.
House resumed.
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
TRIPARTITE NEGOTIATING FORUM BILL [H. B. 5A, 2018]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that Order of the Day, No. 1 be stood over until Order of the Day, No. 2 has been disposed of.
Motion put and agreed to.
MOTION
OUTBREAKS OF VELD FIRES
Second Order read: Adjourned debate on motion on the recurrence of outbreaks of veld fires with devastating effects on the environment.
Question again proposed.
HON. SEN. GUMPO: Thank you Mr. President. I would like to wind up my motion. Mr. President, the motion that was brought to this House in December has been debated extensively for 21 days. I would like to thank you Mr. President for allowing this motion to be debated and I would like to thank all the Members of this House for debating and showing interest on this motion. I would like to state briefly on why I consider this motion very important because the problem of veld fires has become historic. If we look at the history of this country, if we read in the history books, over a hundred years ago we never used to have anything like a problem on the veld fires. In 1980 at independence, we had no problem with the veld fires. In the year 2000, after the land Reform, the problem of veld fires started and the current problem of the veld fires is threatening the economy of our country.
Mr. President, the question is - how long are we going to be waiting to see, just watch and do nothing about this problem? When we say veld fires destroy the environment, just one veld fire can burn for kilometres until somebody puts it off. If no one does that, it will go perpetually without anyone stopping it. During that process, millions of trees are destroyed and hundreds of thousands of hectares of grassland are also destroyed. Many other smaller species during that time also are burnt and destroyed. How long can the country survive? The results out of that Mr. President, is degradation that we see throughout the country that is creeping.
Mr. President, I started to have an interest on the subject in 2004 when I started a project in Hurungwe, Ward 18 in the farming area after seeing the problem of veld fires. In my ward, I initiated a project of controlling veld fires by creating football teams around that area, the whole ward so that people can have a social club and come together. Eventually, I then put across to them and gave them a reward. I gave them some trophies and in addition I was giving them annually one bull and two pigs for ten years. That was an incentive of trying to stop the problem of veld fires. Mr. President, the project worked well in the beginning but at a later stage, as you know if we are dealing with communities, we are bound to get all sorts of problems because they were competing for trophies and for that price of getting a bull. It was an incentive to do some other things that were not within the proper procedures. Some people would then go and burn for the other teams so that they do not get a prize. That really discouraged me to carry on with the project Mr. President.
We still hope to continue in that area by initiating something like that. This time we hope to combine it with a project on cattle development so that the people that own the cattle, maybe they are going to be more committed because the cattle belong to them and with the bulls that are being initiated by Government, I am sure that it will be a better price. We hope that project is going to work better. To summarise the problem Mr. President, it is not enough for this motion to be just debated in this august House and it just ends up there. I think the way forward on this motion would be to interrogate the Statutory Instruments to find out exactly whether the punishment for the people that do the damage is enough.
If it is not enough, I remember when we grew up, if you burnt a fire, you had to be in jail for 12 months. It means you would come out of the jail when that grass is tall and that was a heavy penalty Mr. President. I am not suggesting that, but I think we need to do something if nothing is done. We are going to see the whole country degraded into nothing. Mr. President, I therefore propose the adoption of this motion.
Motion that:
CONCERNED by the recurrence of outbreaks of veld fires with devastating effects on the environment such as deforestation, land degradation and siltation of rivers which in turn affects agricultural production and ultimately the nation;
ENCOURAGED by His Excellency, the President’s call for good environmental management practices in His Official Opening Speech of the Ninth Parliament;
WORRIED that the Environmental Management Agency (EMA) and other responsible authorities of Government are failing to control the outbreak of veld fires;
NOW THEREFORE, calls upon-
(a ) The Ministry of Environment, Tourism and Hospitality Industry in collaboration with the Ministry of Local Government, Public Works and National Housing; and the Ministry of Home Affairs and Cultural Heritage to intensify awareness campaigns on the effects of veld fires and ensure stringent penalties in relevant legislation against perpetrators; and
(b) Inculcate the dangers of veld fires from primary education level with a broader view of fostering cultural change, put and adopted.
On the motion of THE MINISTER OF STATE FOR MANICALAND PROVINCE (HON. DR. GWARADZIMBA), the Senate adjourned at Twenty Seven Minutes to Four o’clock p.m. until Tuesday, 28th May, 2018.
PARLIAMENT OF ZIMBABWE
Wednesday, 8th May, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. SEN. DR. SEKERAMAYI: I move that Order of the Day,
Number 1 on today’s Order Paper be stood over until the rest of the
Orders of the Day have been disposed of.
HON. SEN. NCUBE: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ADDRESS
Second Order read: Adjourned debate in reply to the Presidential
Speech.
Question again proposed.
HON. SEN. SEKERAMAYI: I move that the debate do now adjourn.
HON. SEN. NCUBE: I second.
Motion put and agreed to.
Debate to resume. Tuesday, 14th May, 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
Third Order read: Adjourned debate on the Report of the delegation to the 44th Plenary Assembly of the SADC Parliamentary
Forum.
Question again proposed.
HON. SEN. SEKERAMAYI: I move that the debate do now
adjourn.
HON. SEN. O. HUNGWE: I second.
Motion put and agreed to.
Debate to resume. Tuesday, 14th May, 2019.
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS Fourth Order read: Adjourned debate on motion condemning all forms of violence.
Question again proposed.
*HON. SEN. CHABUKA: Thank you Mr. President for according
me this opportunity to add my voice to this motion. I want to thank Hon. Sen. Ncube for moving this motion which condemns all forms of violence across our country. Violence discourages peace in our country and I want to thank the mover for bringing this motion. There is a lot that is happening especially with regards to violence around the mining areas in our country. If you go to most mining towns, they have coined the term “maShurugwi or mabhemba” and this is emanating from the violence caused by people trying to eke a living. If you go further, you will find that this is caused by unemployment which is driving most young people to become artisanal miners. Government must find ways of stopping young people from becoming violent as this is not good for the development of our country. Government must also realise that violence is being perpetrated by both young and old people. We also notice that women are raped which is another form of violence. We should look for ways of solving these problems of violence. When we talk of violence, we are not talking of fighting between husband and wife – we mean anything that disturbs another person’s way of thinking, something that causes another person to be insecure. Violence is not only physical assault but it takes many forms. Rape like I stated above, is a form of violence. Bad neighbourhood or neighbourliness is violence.
So we should look for ways of creating peace.
I am pleading with the Government to create a conducive atmosphere that leads to high investments, thus creating jobs for the many youths who are roaming the streets and forests. These youths indulge in violent activities which include killing each other using machetes, housebreaking I cases, where house owners who resist are injured or killed. These youths also take dangerous drugs so that when they indulge in these violent acts they will be under the influence of these drugs. Violence is not only related to domestic violence but takes many forms as I have stated. With these few words, I would like to thank Hon. Ncube for this motion which values people’s lives; a motion which encourages that we have peace in our country and those who visit this country should find us in peace. I thank you Mr. President for the opportunity you have given me.
*HON. SEN. CHIFAMBA: Thank you Mr. President. Hon.
President, violence is a very painful experience especially with us mothers when we see these youngsters fighting. The other day I was in a bread queue and a fight broke out because bread had been in short supply. The Zimbabwe Republic Police (ZRP) had to be called in to maintain peace. At times violence is caused by shortage of fuel; when people jump queues violence erupts. People use weapons such as knives, machetes and guns. Some people have lost teeth in some of these fights because somebody will have tried to jump the fuel queue. Youths indulge in deadly substances such as bronco and when they have taken these substances they fight over trivial issues such as women. Such a scenario happened in Bindura and Marondera where some of the victims were injured and others died.
I will now turn to domestic violence which usually happens when the father hits the mother or the opposite and children have no peace.
They end up hating the father or mother, whosoever causes domestic violence. In most instances, domestic violence is caused by broken down marriages or in bereavement cases whereby, stepmothers or fathers abuse the children in the family. They forget that when they were married these children were already there and hence need their love. There have been instances whereby a stepfather impregnates a step daughter. The most painful aspect of this scenario is that the daughter is advised not to report this case because the family would suffer when the stepfather is incarcerated. These children are forced to live with that violence in silence. Even some women can fall in love with their step sons and it is painful to notice that the boy would live in pain for the rest of his life since he will be afraid to tell his father or any relative.
With women, it is painful when you notice that step children are given chores when children of their age are out playing. They are even denied food or turned into child minders when age mates are playing or are in school. I also think that Government should find ways of creating employment by opening the many industries so that our children are occupied and have less time of roaming around. With these few words, I thank you Mr. President.
HON. SEN. NCUBE: Thank you Mr. President. I move that the debate do now adjourn.
HON. SEN. DUBE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 9th May, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Sixth Order read: adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human
Rights Annual Report for the year ended December 2017.
Question again proposed.
HON. SEN. SEKERAMAYI: I move that the debate do now
adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 9th May, 2019.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Sixth Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing of small grains.
Question again proposed.
HON. SEN. MBOHWA: Thank you Mr. President for affording me this opportunity to debate on this motion. I would also like to thank
Hon. Sen. Tongogara for bringing up the motion into this august House.
It is true Mr. President that before independence, people used to use traditional methods of farming, namely intercropping which mixed various crops on one piece of land. However, our people used to farm only for human consumption and not for selling but with the coming in of independence, Government introduced cash crops to black farmers. This shifted the concentration of our farmers and they put their attention on cash crops which prohibited intercropping. Those who come from Gokwe know that if you are a cotton farmer, you do not mix cotton with any other crop. Even with sweet sorghum – I do not know about maize.
I am talking of cotton because that is our cash crop in Gokwe.
Each farming method has got its own advantages and disadvantages, but today I am going to dwell much on the advantages of intercropping since it was the one raised in this august House. With intercropping, you can maximise the use of land and production. You can also realise maximum return per unit area from whatever crops you will have ploughed. Intercropping also prolongs the soil life. If you mix different types of crops – we have got groundnuts, you know how the roots are. They bind the soil particles together and erosion is reduced. Due to the ground coverage of the mixture of these crops, it also helps maintain moisture since evaporation is reduced as well.
We also notice that we have different sizes of these small grain crops or even large grain crops – they maximise the use of nutrients from the soil because they will extract nutrients from various soil depths. Also, for these small crops, we have got some diseases and pests which are plant specific. This means that there are some crops which produce unpleasant smells. For those who are into intercropping, they know that we have some crops which produce unpleasant smells that drive away pests. It means that expense is reduced. It means we will not have total crop failure. If one crop fails, the other might thrive and produce the desired yield or if all crops do well, it means that the farmer is going to realise maximum production of a variety of crops from one piece of land. That is the good of intercropping.
Intercropping also helps in the reduction of malnutrition because these various types of crops have got various nutrients as well. You can get potassium, iron, calcium, carbohydrates thus reducing the chances of malnutrition.
Small grains are good and I think it is high time that we should look or take serious the ploughing of small grains, taking into consideration the various regions that we come from. Some regions have got poor rainfall patterns and some are good. I think those with poor rainfall patterns should go for small crops because these mature early and they can stand any season. Even in short rain seasons, they can survive. Small grains can also be stored for a long period of time without being affected by zvipfukuto. If you put maize in a sack today, next month there is a lot of zvipfukuto which is contrary to other small grains.
You can also use small grains to brew beer for both village and commercial purposes. They can be used for stock feed and also as a source of income. There are a lot of things that you can use small grains for.
For your own information Mr. President, with your age I think you know the rapoko/millet mealie-meal. If you eat sadza prepared with rapoko or millet mealie-meal, it will satisfy your hunger for a long period of time. It also gives you energy which is mostly needed by people who do a lot of manual work like our farmers. It is really good to let our people grow these small grains.
From my own point of view, the Government should at least have a paradigm shift towards these crops. They should also give attention to these small grains. I come from Gokwe – when the inputs come, there will be large quantities of cotton and maize seed and sometimes one packet of millet. You then ask yourself what this Government is teaching us again because it should also encourage farmers by putting those inputs in numbers so that they can know the importance of farming small grain crops.
They should also incentivise farmers. I heard that there is growing
Castor Beans which is being sponsored by the Women’s Bank and already they have found a market for the caster beans, I think at US$1 per kg. If they could do the same for our small grains, it would incentivise the farmers. They should also find the sponsorship and also a favourable market for the farmers’ produce. I think people will be encouraged to grow small grains. However, if the Government has a negative attitude, the farmers will in turn have a negative attitude also.
I think in those regions with poor rainfall, the Government should construct good roads so that those farmers who would have produced small grains should have easy access to market their products on the markets which are readily availed by the Government. That is my addition to what other Hon. Senators have debated on this motion. I thank you Mr. President.
HON. SEN. TONGOGRARA: Mr. President, I move that the debate do now adjourn.
HON. SEN. CHIFAMBA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 9th May, 2019.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET
BOARD
Seventh Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.
Question again proposed.
HON. SEN. TIMVEOS: Thank you Mr. President. I want to close my motion. Mr. President, I want to thank everyone who supported this motion. This motion is critical; I know that it has a lot of issues. Years back, cricket was a joy to watch but now it has gone down. There is a lot of revenue that comes with sport, as much as soccer brings. The money that is generated from cricket can actually build
Zimbabwean sport. If this corruption is not looked at – I was hoping and I still hope that the Minister can investigate and see how cricket can be improved in this country. There are a lot of loopholes in almost every sport and this has to be looked at.
I want to thank everyone who debated this motion. I move that this
House adopts the motion.
Motion that:
CONCERNED with the allegations of corruption by the Zimbabwe Cricket Board whose affairs are currently managed by the Chairman of the Board;
COGNISANT of the need to restore the integrity and ensure good corporate governance and professionalism by the Board:
NOW, THEREFORE, calls upon the Ministry of Youth, Sport,
Arts and Recreation to ensure –
- there are mechanisms in place to prevent abuse of the funds of the
Board by its management; and
- elections of officials to the Board are conducted in a transparent manner, put and adopted.
MOTION
OUTBREAKS OF VELD FIRES
Eighth Order read: Adjourned debate on motion on the recurrence of outbreaks of veld fires with devastating effects on the environment.
*HON. SEN. CHIFAMBA: Thank you Mr. President. Veld fires
are very dangerous especially to our crops and animals. It can even destroy crops which will be about to be harvested but people burn everything because of a small thing that they will be chasing.
Community leaders like chiefs from the areas we live should come up with stiff sentences for those who cause veld fires whilst hunting for small things. This is because stiffer penalties will cause perpetrators to be afraid to face the chief’s court charges as one may be asked to pay a fine of a cow. The veld fires can even destroy homes as people will be hunting small things.
Smokers should also be warned and made aware through our media by educating them that they should not throw away their cigarette stubs through windows because they cause veld fires along the roads.
We end up having many accidents because fire is dangerous yet some people play around with fire as if it is a good thing or toy. I am saying we should go back to our tradition that even if one’s child causes fire, they should approach the chief and pay a penalty. That way, they will be afraid because they will always be cautioned because they would know the consequences of causing veld fires. Fire is very important but also very dangerous.
People should desist from causing fires when they are hunting because if nothing happens to them after causing fire, tomorrow they will do it again. However, if they are made to pay penalties at the chief’s court, it means that they will be aware and cautious as they would be afraid of being asked to pay a penalty. Some people cut down big trees by burning the tree. Just to sever one tree but we end up losing many trees because of that. Those who do not do things properly should be asked to pay a fine. Thank you Mr. President.
*HON. SEN. MALULEKE: Thank you Mr. President, I want to
add a few words in support of this motion. Very true, for veld fires to destroy forests is not good as we lose a lot of things like trees that are used for making medicines and herbs that will help to keep us healthy when we fall sick and to live long; we also lose food. Sometimes fire can occur at night when people are asleep especially some of us who stay along the borders, we lose a lot of wild animals like elephants in Gonarezhou. If you see veld fires, I think we should help each other as this august Senate. We must teach our constituencies that causing veld fires is not good for us as a nation. We should look after our forests so that we get enough food. If we get good strong animals, it means we will be wealthy.
Last year, there was a veld fire that destroyed sugar cane plants and thousands and thousands of hectares of sugar cane was destroyed and people were not able to harvest anything from there. So, fire is not good. It is good when we use it properly like for cooking purposes. We should also help when it comes to veld fires by putting out the fires. I remember there was a year when we had a veld fire and people stopped drinking beer and they all helped putting out the fire. I do not know these days whether it is culture or what, people tend to leave veld fires going on without showing any concern. So, we are pleading with this august Senate that we should educate people that if you come across fires, you should go and help and also investigate the causes of that fire.
We are losing a lot of forests and also burning our animals, even the snakes are not spared. I do not know why we leave fires going on – it is not God who is causing the fires but it is us people. We should help our chiefs, headmen and us leaders in this august Senate to teach the community not to cause veld fires. We should look after our forests and our areas. Those who go to university to study pharmacy use the trees to extract herbs or tablets. We now go to churches and clinics and no longer believe in cultural values of using our natural herbs. We used to use herbs for treating the sick but these days we visit hospitals and clinics. Long back, it was good because our elders used to look after these forests so that they would help us when we fall sick. Long ago, when women die giving birth, elders used to make herbs from trees that were given to those infants so that they could grow strong and healthy and you could not even tell that this child is an orphan. All the trees are important, every wild plantation is important; there are different types of grass we used to eat when herding cattle and we grew up strong. With these few words Mr. President, I want to thank you.
+HON. SEN. A. DUBE: Thank you Mr. President, I want to add my voice on issues to do with veld fire. In Matabeleland North, when we grew up, we knew that we used grass to do many things but now you realise there is no more grass left. I come from Somthanyelo River where we used to have plenty of grass but you cannot even make a broom out of the grass that is there now which is a sign that we no longer have grass in our areas. We used to have different types of grass but now you cannot find anything and you cannot even admire the beauty of nature. There was a time when I travelled to my rural area and I saw one bird, I could not understand why it was doing what it was doing and someone was saying it is trying to protect its nest. On leaving that place, I also realised that there were so many snakes that were affected by the veld fire. When I got home, I was wondering whether there is something that the Government can do to protect our wild animals. We have lodges with thatch roofs and they are not spared in the event of fire breaking out. We should teach each other as a nation on the dangers of veld fires. It is not only wild animals that are destroyed but even our cattle are also affected. I thank you Mr. President.
HON. SEN. GUMPO: Mr. President, I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 14th May, 2019.
On the motion of THE MINISTER OF STATE FOR
MANICALAND PROVINCE (HON. DR. GWARADZIMBA), the
Senate adjourned at Eighteen minutes past Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 22nd May, 2019
The Senate met at Half-past Two o’clock p.m.
(THE HON. PRESIDENT OF SENATE in the chair)
ANNOUNCEMENT BY THE HON. PRESIDENT OF SENATE)
BILLS RECEIVED FROM THE NATIONAL ASSEMBLY
THE HON. PRESIDENT OF SENATE: I wish to inform the
Senate that I have receivedthe following Bills from the National Assembly: Companies and Other Business Entities Bill [H. B. 8, 2018] and the Tripartite Negotiating Forum Bill [H. B. 5, 2018]. Hon. Senators are advised to check for the copies of the Bills in their pigeon holes end of day today or tomorrow morning.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the Presidential Speech.
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: Thursday, 23rd May, 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF THE SADC
PARLIAMENTARY FORUM
Second Order read: Adjourned debate on motion on the Report of the Delegation to the 44th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
*HON. SEN. CHIFAMBA: Thank you Madam President. I thank
you for giving me this opportunity for me to say a few words on the motion which was moved by Hon. Sen. Mohadi and was brought from the SADC Parliamentary Forum. The issue that touched me the most is that of marriage of the girl child. It is an issue which is debated a lot and it is important that people are conscientised on it because it is sensitive and girls are being married off at a tender age.
We went to Kenya on a study tour of the same problem where we were told that Kenyan men are fond of perpetuating the practice of marrying young girls. According to the Kenyan men, as soon as a young girl reaches puberty, she should be married by a man who sires five children with her. After the five children, the man divorces the young mother who has to look after the children single handedly whilst the man marries another young girl. The facilitator also mentioned that her mother was married young as well and they were both young but they would all go out and play as children and they sired seven children.
Unfortunately, she was left by that man and she had to fend for the children single handedly.
Women are facing a lot of challenges by being married whilst young and you will find that it becomes a generational thing because the children will be married young as well because their mother failed to look after them because she is also a child herself. The mother will not be able to educate them because she is not capable. So, I continue to plead with men to wait for these girls to be mature. If there is a fruit tree, you look for a ripe fruit, be it mango, peaches and so forth. You look for a ready fruit. You should take note that these girls are not ready and I think we should be pained by these children because they are still young. If they get pregnant at 13, it is like a child carrying a child and the labour process will be very difficult because the pelvis is not ready to bring out a child. I am really pained and will continue talking about this issue until our counterparts understand. It is not that all men are doing it but there are many who think that if they see a girl they would think they
have met a mature woman. This is affecting 12 to 13 year old girls; they are the ones who are being impregnated and facing the challenges.
Madam President, as a mother I will have to look after the child and her pregnancy, which means it is adding on to the challenges which I already have. I think people should understand this. It is a waste of time sleeping with a girl because there are a lot of things that she does not know. I remember a singer who sang on these child marriages. At first, I did not understand him because he was aware that there were men sleeping with girl children. As mothers, you should bear with us. I think in the next elections, women should be given their 50% quota so that we have more women in Parliament. Yes, we are different the way we are built but when it comes to thinking capacity, we are the same.
As women, I think let us support one another not to support men. We should not look down upon other women. We are being given a chance to be leaders, so our leaders deserve to be thanked for giving us the opportunity to lead. When we see a woman standing there as a leader, let us respect her. Women should be conscientised on the notion that women are good leaders as well. So, we need to uplift each other and not look down upon ourselves.
We want to thank the powers that be for the opportunity that we have been given and so, let us use it wisely. We should also be exemplary to our young girls. If we do not show them the correct path, they will get married early. With these few words, I thank you Madam President.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. KHUPE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 22nd May, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS COMMISSION
ANNUAL REPORT
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human Rights Commission Annual Report.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. KHUPE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 22nd May, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. TSOMONDO, the Senate adjourned at Eleven Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 21st May, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. PRSIDENT OF SENATE
INVITATION TO A CATHOLIC CHURCH SERVICE
THE HON. PRESIDENT OF SENATE: I wish to inform the
Senate that there will be a Roman Catholic Church service tomorrow, Wednesday, 22nd May, 2019 at 1230 hours in the Senate Chamber. All Catholic and non-Catholic Members are invited.
ADMINISTERING OF THE SECOND CHOLERA VACCINATION
THE HON. PRESIDENT OF SENATE: I also wish to inform
the House that Parliament Clinic, in partnership with the City of Harare Health Services Department is administering the cholera vaccine to those who received the initial vaccine. Those Members who missed the initial exercise are also welcome.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. S. K. MOYO: Madam President, I move that Order
of the Day, No. 1 be stood over until the rest of the Orders of the Day on the Order Paper have been disposed of.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. S. K. MOYO: Madam President, I move that the debate do now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 22nd May, 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
Third Order read: Adjourned debate on the report of the delegation to the 44th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
*HON. SEN. TIMVEOS: Thank you Madam President for giving
me an opportunity to add my voice to this debate. I would want to thank Hon. Sen. Mohadi in absentia for moving this motion and also her seconder.
When she was reading this report, I was really touched by the issue of child marriages but I am glad that there at the SADC Parliamentary Forum, this issue is being looked at. They are seeing that it is very important for all nations to unite and fight this issue of child marriages which is bedeviling all countries. The girl child, because of our economies in the SADC countries, especially in this country where they are getting married early. Madam President, eighteen years and above shows some sort of maturity but what is at stake is that we should really look at the recommendations given at SADC. The recommendations which were given are very important. I also want to support the SADC Parliament; it needs our support and our subscriptions as Zimbabwe. We should make sure that we pay our subscriptions to SADC Parliament so that our things go well.
This issue of child marriages - I was looking at the draft Bill of marriage, I am really disappointed about the issue because I think we have to look at it in such a way that women and children are protected. There are a lot of children on the streets. As I was in the Committee of HIV and AIDS, we travelled countrywide and engaged 36 workers. We talked to homeless women. What they articulated is that their husbands were dead and their properties were taken. So, the laws that are coming should focus on how children and women in the homes are protected. I think these are some of the issues that need to be considered because I heard that there is a Bill coming to Parliament which we should scrutinise.
I want to thank Hon. Sen. Mohadi for bringing this voluminous report. What really touched me is this issue of child marriages and so, we should fight as Parliament. Up to now, we are still waiting for the Bill to come. It should be enacted as quickly as possible so that men and women know that our children are important. With these few words, thank you – [HON. SENATORS: Hear, hear.] -
*HON. SEN. CHIMBUDZI: Thank you Madam President for
affording me this opportunity to add my voice on this report which was tabled by Senator Mohadi. We want to thank her and her seconder. I was touched by the Parliamentary Women’s Caucus which is very important because that organ is now being strengthened by the SADC. As women of Zimbabwe, we are happy that the issue which was touched on was the HeforShe Campaign that was put in place by the United Nations and it looks at bridging the gap between men and women which is very important.
We are all aware that the opportunities availed to men and not to women were some of the issues articulated by the Parliamentary Forum. But for that to succeed, we should work together as men and women for that bridge to be abridged. They also talked about domestic violence which is also rampant here in Zimbabwe but I am happy that in that SADC Forum, they talked about it and it was discovered that this touches the whole of Africa; we have that challenge.
Madam President, as Africa, we should work together to curb violence since it is now being talked about in different fora. There is no country which can succeed if there is violence. I also want to thank Hon. Sen. Mutsvangwa who was standing in for the Vice President in the SADC Forum but she left us since her term came to an end. During her era as Chairperson of the Women’s Caucus in Zimbabwe, we witnessed many women being sent to other countries to learn what other women are doing. I am one of those who went to Tanzania and we saw the Parliament in Dodoma. We engaged the women there on the issue of child marriages like what Hon. Sen. Timveos has alluded to. This problem was also there in Tanzania but they have laws in place to lower child marriages. So, we asked them whether the laws that they have in place have an effect on reducing child marriages and they said it was working for them. So if we have stringent laws, it means that we can lower child marriages.
I want to thank the team that went to the SADC Parliamentary Forum because they brought very good issues that are good for men and women. Thank you.
*HON. SEN. TONGOGARA: Madam President, I want to thank
Hon. Sen. Mohadi for the report which she tabled in Parliament. On this report, I learnt about food, agriculture, land and natural resources. It is a very good to know that as a nation, we are moving together with SADC. Looking at the challenges that we face, they are not unique to Zimbabwe only but also our neighbouring countries in the SADC region. We face the same challenges. We all know that in this country, because of drought food is scarce. People are starving and the Government is trying its level best to look for food to give to the people. Also, the natural resources being referred to, we want people who have minerals in their countries to benefit from those minerals so that they help the citizens of that country. What I want to say is, it is a good thing that we are working together; looking at the challenges that are facing us. We can see that in other countries they share the same challenges and they put laws in place in order to curb those challenges.
Madam Speaker, we have heard from the previous speaker that the law that was put in Tanzania is now helping in lowering child marriages. So in Africa, let us work together, looking at challenges which are common in other countries and look at the laws that they have in place which are reducing their challenges because they say that people should learn from what other people are doing. I think it will help us Madam President. Thank you.
*HON. SEN. MAVETERA: Thank you Madam President. I rise
to make my contribution on this report which was tabled by Hon.
Mohadi. In her report, she introduced a lot of issues, especially of what was happening in that meeting. I am therefore going to touch on one of the issues.
She said when the Treasurer was making his contributions on subscriptions for this organisation; Zimbabwe was one of the countries which were very much indebted to the organisation. As proud Zimbabweans, we are therefore pleading with the Government to be committed to pay all the affiliation fees so that whenever we gather, we are not ashamed because of having defaulted in our payments. It shows that we are not really supporting some of these organisations which are aimed at helping in the development of the countries in Southern Africa. I am therefore appealing to the Minister of Finance to look into the issue of paying all our financial obligations to affiliations so that when we are in these gatherings we can hold our heads up high because we will be Zimbabweans who honour their obligations.
Hon. Sen. Mohadi also added that there are some issues or behaviours which we carry out as Zimbabweans and when they are good we should really carry these things out. One of the things which we were praised about was the quarter system for the women. When we talked about this quarter system, we said this will end in 2023 but we are noticing that some of these countries are now envying us. They are admiring us. I am pleading with the powers that be that this arrangement of a proportional representation be reviewed. This quarter should really be upheld. Let it not be terminated when the time allocated comes because when we do that we will show that Zimbabwe has some things which we do which really need to be praised. In most cases, we only receive negative reports about Zimbabwe and when we are doing something good, please let us uphold it. I am therefore calling upon this august House of seniors that when we have such actions which are to be upheld, let us support these motions.
I now turn to elections. There were some anomalies which need to be rectified. We noticed that SADC discarded on cutting down on observer missions to member states. We feel this should be carried out.
If we want peace and development in the SADC region, we need to hold credible elections so that people in those countries are happy because of these elections. We have instances where some countries do not have enough money to run these elections. I therefore call upon SADC to create a budget which is going to be used for financing these elections so that we have minimum standards of elections which we expect and to be upheld by SADC countries. If we do not do that some countries are going to do some short cuts into carrying out these elections and this will be a shame.
Hon. Sen. Mohadi also gave us some recommendations and some of these are that we need to create a college or learning institution which is going to teach Members of Parliament on the roles and functions of Parliament. As far as I am concerned, I think this should have been done long back. I say so because when we are elected or appointed into these Houses, we are given the chance of legislating but we have never been trained on how the legislative process is carried out. This is not an event but a process where people have to be trained in the law making process.
I am glad because the Parliament of Zimbabwe has said they will make an arrangement of engaging the universities in this country so that there could be roles and functions of Parliament at that level. I encourage this to be done because when people are educated they make informed contributions and make useful laws, and the electorate will be glad because we will be productive in our legislative process. With those few words, I am very grateful to Hon. Sen. Mohadi because of the report she brought to us. I thank you.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MKWEBU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 22nd May, 2019.
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS
Fourth Order read: Adjourned debate on motion on the First
Report of the Thematic Committee on Human Rights on the Zimbabwe
Human Rights Commission Annual Report.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 22nd May, 2019.
MOTION
OUTBREAKS OF VELD FIRES
Fifth Order read: Adjourned debate on motion on the recurrence of outbreaks of veld fires with devastating effects on the environment.
Question again proposed.
HON. SEN. SHOKO: Thank you Madam President. I have
realised that there are only two days left for this motion to be removed from of the Order Paper; so I thought I need to put my voice too on this motion.
Madam President, this is a very important motion because veld fires are completely destroying the pastures that are used by our cattle to graze. What it means is that for example, this year when we do not have rains the grass that was destroyed by the veld fires will not grow. Therefore, our cattle will perish because of that carelessness that is being practiced by the culprits that we are not dealing with. My confusion comes in that we have never had the State or the media reporting that a person who caused the fire in the area between Chegutu and Harare has been arrested and has been sent to jail for some period to serve. We wonder why that is happening; are we saying these fires are being caused by unknown causes but certainly it is not unknown causes. It is the people who are hunting for rates and hares. They want to eat rates and forget that the grass is for the animals that we need so much.
What is needed is for the same people to understand what benefits we get from the animals that we are talking about. We always talk about lack of foreign currency. I understand that Zimbabwean beef is needed in the European Union and we are not even matching our own quota. If we allow these people to destroy the pastures that we have, it means to say we are not going to earn foreign currency from the animals that we are going to sell. If I have got my daughter who is going to be married by your son, I will certainly need you to pay lobola in form of cattle but because of these veld fires, your cattle are going to die and when you come to me, I will say I need you to pay lobola in form of cattle form and you will not be able.
Traditionally, you will then find that we certainly have a problem. I was talking about foreign currency and people might not understand that foreign currency comes from outside but when I am talking about the issue for paying lobola, I believe people will understand it better because I am talking about our culture. I am being indigenous when I was talking about foreign currency, I was being external. So, that is very important, that we understand that the grass that we destroy, the little things that we destroy are also causing other effects that we do not know.
Mr. President, sometimes when I stood up in this House, I said, there is something called climate change; it is certainly caused by these veld fires. They will burn the ants, any other small insect that you get. All these insects were created for a purpose, they were created for a purpose and if we burn them, you will be causing another problem. So fire is one cause of climate change.
We need to urge our Ministry of Home Affairs to deal with this scourge. Let us not allow people to destroy what we have built, what our ancestors have built for us. If we allow that, the children that we have are going to blame it on us. My son always says Mhadhara ndimi munouraya nyika and I do not want him to say that. I want him to say madhara murikutiitira zvakanaka. I believe that if we deal with this scourge, this will be a good sign, we should show the society that the things that we have built should not be destroyed willy nilly.
The issue of veld fires, Mr. President should be seriously thought about. As Senators, when we go to our constituencies, either rural or urban, we need to educate our constituents. In many instances, these fires are caused by urban people when they drive along the roads, they smoke and throw the cigarette stubs into the grass and it burns. We need to talk about the veld fires. We need to seriously look at this thing, educate our own constituencies about the dangers of veld fires. When you cause veld fires, it does not only affect you, it affects everyone and it affects the whole population of this country.
Mr. President this is a very important subject and we need to look at it with the seriousness that it deserves. I thank you.
*HON. SEN. MOEKETSI: Thank you Mr. President for giving
me the opportunity to say a few words on veld fires. I would like to thank Hon. Sen. Gumpo who moved the motion.
Mr. President, it is so painful to see that in our country, we seem to take some things so casually whilst they are very important issues. Veld fires have destroyed a lot of homes. Fire has destroyed lives and it has also destroyed children left sleeping in houses. Children are burnt by fire whilst they are asleep and alone, it is very painful. I think the laws that we are enacting in this country are not very strong. The laws that we are enacting are as if they are just meant to just threaten, just like how kids are threatened by belts when they play with utensils. However, if the kids are not punished, they will continue to play with the utensils
We have livestock that have lost grazing places in this country because of fire. We also have wild life that is supposed to be a source of income in this country that also loses their livelihood because of these veld fires – that is sad. Last week, a couple that we used to stay with in Chegutu but are now based in Beitbridge, came to cut grass because it is unavailable in Beitbridge. They stocked their grass in the fields but when they came back on Friday, they found it burnt. The couple wasted their resources after travelling all the way from Beitbridge but lost the grass.
As a country, let us enact laws to safeguard important things to our livelihood. One of my neighbours also lost blankets to fire after their neighbour disposed hot ashes which were later blown by the wind. We must enact meaningful laws because we are the citizens and these will also help future generations. Therefore, I insist that as Senators, let us enact these important laws in our country. I thank you.
HON. SEN. CHIEF CHUNDU: Thank you Mr. President. I just want to thank Hon. Sen. Gumpo for bringing up this motion about veld fires. May I be allowed to read because I have got some figures written down.
THE DEPUTY PRESIDENT OF SENATE: You may go ahead.
HON. SEN. CHIEF CHUNDU: Thank you. Fire plays a vital role in Zimbabwe’s natural ecosystem and they are the oldest and fastest method of clearing land for agricultural use, used by communities all over the country. They also cause the much needed disturbance to the ecosystem which then prompts natural regeneration. However, on recent years, the abuse of fire has often led to blazes which get out of control in the process affecting flora and fauna. This has negatively impacted on rural communities’ livelihood options as the fires have caused substantial damage of key assets of the sustainable livelihood framework.
Like where I come from Mashonaland West Province has been the worst affected over the years in terms of incidences and hectarage lost. The province has got all the natural regions from natural region 1 to natural region 5. Therefore the province has got a unique microclimate that results in the existence of high biomass due to the relatively high rainfall that characterise the province. The province also has got national parks and safari areas in Hurungwe, Mhondoro Ngezi, Chegutu, Sanyati, Kariba and Makonde Districts. These areas also have high veld fire prevalence due to the poaching and vast veld in such areas.
The province also has got a high number of resettlement areas than the communal areas in the whole country. According to the fire analysis done by the Environmental Management Agency, these resettlement areas also experience a lot of veld fires as compared to the communal areas. The emergence of veld fires in Mashonaland West Province therefore could be attributed to a number of factors including the high biomass levels and the existence of unproductive farming areas in the resettlement areas as well as the vast veld in the National Parks and Safari Areas. However, the main cause of veld fires in the province was observed to be land clearance, especially for agricultural purposes.
Taking fire information from the year 2013 to 2016, the following could be seen over these years on the total area burnt per each year for Mashonaland West Province.
YEAR | TOTAL AREA BURNT | PERCENTAGE AREA BURNT | FATALITIES |
2013 | 475 244.91 | 8.23 | 0 |
2014 | 534 137.84 | 9.25 | 2 |
2015 | 534 754.35 | 9.26 | 4 |
2016 | 631 622.87 | 10.93 | 4 |
I think we should have some control measures by empowering the community. Ongoing environmental education and awareness is key in buttressing community knowledge, behaviour, perception and attitude on veld fires. Local communities should be empowered to manage fire programmes on their own volition, even in the absence of law enforcement agents. Some stakeholders who have been instrumental on this drive include the EMA, ZRP, local authorities, traditional leaders, environmental monitors, judiciary, environmental committees and subcommittees.
However, the fight against fires has been faced with many challenges, chief of which include the land tenure system, lack of presuppression measures, shortage of fire-fighting equipment and the mindset of the public in fire response. Land ownership at A1 farms is communal and this has created an ownership vacuum where farmers are not taking responsibility for the communally owned areas. The absence of traditional leadership in the A1 system has compounded the problem whereby traditional leaders are generally more respected than the Chairperson of the committees.
A2 farms also have their challenges whereby the absence of the 99-year leases does not provide security of tenure. They still view their stay as temporary, thus they are not as responsible as they should be; hence they do not put adequate fire suppression measures at times.
My recommendations are mandatory jail sentence for fire offenders. The challenge of stock theft decreased dramatically on the introduction of mandatory jail sentences and it is anticipated that introduction of these sentences will greatly decrease fire offences.
Traditional leaders need to be capacitated to handle fire issues and these include the extension of jurisdiction of traditional leaders’ areas of governance to include resettlement areas. Traditional leaders are resident in the area and are more likely to be privy to information that state enforcement agents are not. They are more likely to get information from local communities on fire offenders and to meet justice that is more accepted in the local community. Traditional leaders are closer to the community and are thus able to deliver justice quicker and more efficiently.
As legislators and leaders, we should be on the forefront of ensuring that our subjects are adequately prepared for the fire season. Let us encourage them to construct standard fireguards, resuscitate firefighting teams and venture into income generating projects through harvesting grass. These projects include hay baling, thatch grass combing and bee keeping. With these words, I thank you Mr. President
Sir.
HON. SEN GUMPO: I move that the motion be adjourned.
HON. SEN. A. DUBE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 23rd May, 2019.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Sixth Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing of small grains.
Question again proposed.
HON. SEN. TONGOGARA: Thank you Mr. President for
affording me this opportunity to wind up my motion. Firstly, I would like to thank Hon. Sen. Chimbudzi who seconded my motion. I would also like to thank all Hon. Senators across the political divide for their valuable contributions. Mr. President, it was my wish and expectation that the Minister of Agriculture would come and address this august House on this very important motion. This is because of the climate change where the staple food is failing due to diminished rainfall. Mr.
President, I also hope that the Minister would advise His Excellency, the President, on which crops to distribute to the communities according to their ecological regions, that is the Presidential Input Scheme. It is pleasing Mr. President, to note that a company which is working and researching on how to grow small grains in this country is the
International Crop Research Institute for the Semi-Arid Tropics found in
Matopos and the address is; Research Institution, P. O. Box 776,
Bulawayo.
Mr. President, those Hon. Senators who are interested in pursuing and promoting the growing of small grains in their areas, feel free to contact the following people on the listed numbers; Dr. K.
Mazvivanavi, Tel: 0712622581; 0782745195 and this number is on
WhatsApp. The other contact is Dr. C. Murendo, 0712262578;
0778198923 and it is also on WhatsApp.
Mr. President, a study conducted by the Institute revealed that small grain value chain in Zimbabwe is multi-sectoral whereby it is involving stakeholders. Therefore, improving small grain uptake in the country requires addressing all facades of the small grain value chain. Mr. President, the study also revealed that each of the sections of the small grain value chain is affected by one or more barriers.
On input provision, the highlight and barrier is lack of quality seed among stapled households. There are many reasons given for this low access to seed and these include distance to the seed market, treated seeds being very expensive and in some areas no access to treated seeds at all. In the production section, major barriers include labour shortages, challenges with birds, animals, lack of viable markets and limited access to extension services. Pre-processing and shortage of small grain in Zimbabwe is mainly affected by lack of drying facilities as well as challenges with pests.
Mr. President, consumption and trading are mainly affected by no palatability of small grain products to some members of households. Lastly, the value addition and retail of small grain products is mainly affected by lack of market of finished products and these are the views of the private players in the field. So, the researchers recommended that the farmers value the importance of small grain to counter climate viability, thus this presents opportunities to promote and improve the uptake of small grain. The bridges highlighted in the study are not exhaustive but they represent a broad range of activities that will directly work on removing the identified barrier.
Interventions that can overcome the barriers to small grain production include availing better varieties that are tolerant to birds, improved processing methods and equipment, better post harvest management, improved access to markets for both inputs and outputs. While this work may not apply to all districts of Zimbabwe, this will largely apply to the drought prone districts of the country which mainly falls in the natural regions 4 and 5. Selected innovative solutions to these barriers will be presented in the fall-up publication, innovative solutions to barriers to small grain value chains in Zimbabwe which the numbers I have given you will be able to assist where to get this innovative solution grain chain report.
Mr. President, I hope the chiefs will be on the forefront to pursue this matter since they are the custodians of our culture and heritage, and we all know that most of the people live in the rural areas where our chiefs are the leaders of the communities. I thank you Mr. President. I now move for the adoption of this motion.
Motion that:
RECALLING that before independence people used to engage in traditional ways of farming called intercropping which ensured the harvesting of a variety of crops and prevention of malnutrition;
RECOGNISING that with the ushering in of new and modern farming methods of cash crops, the growing of small grains and intercropping have diminished;
CONCERNED that since the phenomenon of climate change, cash
crops are not performing well in all regions without irrigation infrastructure;
NOW, THEREFORE, calls upon Government to educate the
nation on the importance of intercropping and growing of small grains especially in drought-stricken areas, put and adopted.
On the motion of the MINISTER OF LANDS,
AGRICULTURE, WATER, CLIMATE AND RURAL
RESETTLEMENT (HON. RTD. AIR CHIEF MARSHALL SHIRI),
the Senate adjourned at Twenty Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday 28th May, 2019
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)
APPOINTMENT AS THEMATIC COMMITTEE CHAIRPERSON
THE HON. PRESIDENT OF SENATE: I wish to inform the
Senate that the Committee on Standing Rules and Orders has appointed Hon. Sen. Dr. Sekeramayi as Chairperson to the Thematic Committee on Human Rights.
INVITATION TO A CATHOLIC CHURCH SERVICE
THE HON. PRESIDENT OF SENATE: I also wish to inform
the Senate that there will be a Catholic Church Service tomorrow, Wednesday, 29th May, 2019 at 1230 hours in the Senate Chamber. All
Catholics and non Catholics are invited.
MOTION
BUSINESS OF THE HOUSE
HON. SEN MUZENDA: Thank you Madam President. I move
that Order Number 1 be stood over until the rest of the Orders on today’s Order Paper have been disposed of.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE AFREA
CONFERENCE ON MONITORING AND EVALUATION HELD IN
ABIDJAN
HON. SEN CHIEF NECHOMBO: I move the motion standing
in my name that this House takes note of the Report of the Zimbabwe Delegation to the AfrEA Conference on Monitoring and Evaluation held in Abidjan, Cote d’Ivoire from 11th to 15th March, 2019.
HON. SEN. CHIEF MTSHANE: I second.
HON. SEN CHIEF NECHOMBO: Thank you Madam President.
I would like to begin by thanking you for affording me this opportunity to move a motion which is very close to my heart; a motion I strongly believe and convinced that it is the answer to our collective dreams, hopes and aspirations as a nation.
Madam President, I have the utmost pleasure to present a report by the Zimbabwe delegation to the African Evaluation Association, which is abbreviated as AfrEA. The Conference on Monitoring and Evaluation was held from the 11th to the 15th of March, 2019 in Cote d’Ivoire,
Abidjan. The delegation was led by the Hon. Speaker of the National Assembly, Advocate Jacob Mudenda. Other members of the delegation were as follows; Hon. F. Mhona; Hon. T. Mavetera; Hon. O. Sibanda; Hon. P. Mpariwa; Hon. Sen. Chief Nechombo: Madam Mushaninga who was the secretary to the delegation.
The Conference was facilitated by the African Evaluation Association (AfrEA). This is an organisation with 36 member States proffering African solutions in pursuit of socio-economic development through the use of monitoring and evaluation, the body whose mission is to promote robust evaluation practices through its members. The monitoring and evaluation conference was themed, “Accelerating
Africa’s Development; strengthening national evaluation ecosystems”.
Madam President, for us to fully comprehend and appreciate the report, there is need to share the vision, the mission and the objectives of
AfrEA. The mission for AfrEA is, ‘the Africa rooted in the culture of evaluation for equitable and sustainable development’. The mission for
AfrEA is, ‘to promote robust evaluation practice through its members’.
Objectives of AfrEA
Madam President, in the interest of time, I encourage Hon. Members to take time from their busy schedules to read and appreciate the objectives of AfrEA for they are quite a number. However, for the purposes of us appreciating the report, I will just share on two objectives.
- Promoting Africa rooted and Africa led evaluation through sharing African evaluation perspectives;
- Supporting the establishment and growth of national evaluation associations and special evaluation interest groups, that is stakeholder engagement, collaboration and integration.
Madam President, today in the league of progressive nations, monitoring and evaluation is now an indispensable tool in the discourse of socio-economic development. The conference to us was mind provoking and an eye opener. It gave a clarion call to the implementation of the under mentioned emerging issues, which are;
- The need for monitoring and evaluation capacity building;
- Political will;
- Parliamentary participation and accountability, integration of technology and benchmarking.
During the conference, it emerged at the conference that the countries which implemented formal systems of monitoring and evaluation have recorded significant achievements in the implementation of Government programmes. To date, Rwanda, Benin, Uganda and South Africa are the African countries that have become the frontiers in the implementation of monitoring and evaluation. As a result, this leaves us with no option in the African domain of monitoring and evaluation but to constantly make reference to these countries.
Madam President, as Zimbabwe gears towards Vision 2030, it is imperative and inexcusable that it adopts formal systems of monitoring and evaluating of Government programmes and interventions in the context of the envisioned devolved state. This will lead to effective performance from the national, provincial and district levels.
Emerging Conference Issues
The five day conference was an intensive convergence of progressive African minds who sought to cross-pollinate ideas and proffer African solutions on monitoring and evaluation. The question is -
“why African solutions”. African solutions because most of the literature which is available on monitoring and evaluation is written by western scholars and there is need for us to put monitoring and evaluation in our context, hence as already alluded to in the interest of time; again I will elaborate on some of the emerging issues in brief which emerged during the conference.
The need for capacity building, it emerged as an issue. Inertia in the adoption and appreciation of monitoring and evaluation at national level has led to the realisation that there is a gap in knowledge and understanding of monitoring and evaluation.
Lack of technical personnel and specialists to drive the M&E agenda - this is quite a challenge as we do not have experts in terms of monitoring and evaluation. When you look at developed countries they already have within their institutions degrees, post graduate degrees and doctorates in monitoring and evaluation. In the African context, it is a challenge and in Zimbabwe, we only have one or two institution such as the University of Zimbabwe offering just programmes in monitoring and evaluation.
Political officials lack sufficient monitoring and evaluation knowledge so as to achieve high order goals of accountability and results based management. In terms of capacity building, South Africa has championed this by engaging development partners - Twende Mbele, Africa Development Bank and the Government itself is very much involved in monitoring and evaluation. During the conference, it was also exciting to note that we have our own children who are attached at Wits University who are doctors of monitoring and evaluation who were championing during the conference.
The need for political will emerged as an issue. Political will was identified as an essential contributor which has led to the success story in such countries as Uganda, Benin and South Africa. The said countries have a central unit in the Office of the President or the Office of the Prime Minister for monitoring and evaluation. The success of monitoring and evaluation hinges also a lot on the vision of the leadership to commit resources on monitoring and evaluation. Parliamentary participation also emerged as an issue. It also emerged that parliamentary participation strengthens the development of M&E in Uganda, Kenya, Ghana and South Africa. South African Parliaments have been actively involved in their frameworks. This has stimulated the use of M&E in the use of oversight roles by parliamentarians.
The aspect of corruption and accountability also emerged as an issue. It also emerged that monitoring and evaluation is also a progressive tool to fight corruption through providing a platform for accountability and transparency in service delivery. Monitoring and evaluation is both a proactive and reactive mechanism in the fight against corruption since monitoring and evaluation systems are undertaken at the diagnostic, formative, summative and longitudinal stages.
Fourth industrial revolution technology, 4IR – these are technologies like artificial intelligence, robotics and big data. It emerged that lack of adoption in integration of 4IR technology in monitoring and evaluation is retarding the development of national monitoring and evaluation system. Lack of ICT infrastructure – as we are all aware that monitoring and evaluation hinges a lot on data, it is a results based and so there is need for date integrity. Inadequacy of 4IR technologies has been a major drawback to the full implementation of evaluating systems because the measurement tools currently in use are cumbersome and time consuming and thereby rendering the whole process negatory.
M & E is gaining momentum in countries such as Benin, Uganda and South Africa. Benin has had 15 evaluations between 2010-2016 whilst Uganda has had 23 evaluations between 2008-2016. The issue at hand is how far have we gone as a country. Rwanda is also a case in issue whose economy has tremendously improved owing to their unrelenting efforts to implement M & E. These have been milestones in the achievements to said countries. This has holistically improved their efficiency and effectiveness both in the areas of governance and development programmes.
Benchmarking also emerged as an issue – the need for peer review.
The success of M & E is hinged on benchmarking and peer learning. Benin, Uganda and South Africa have made concerted efforts under a peer learning programme dubbed again Twende Mbele which started around 2011 for peer to peer learning in order to collaborate and implement M & E within their national development context. It also emerged that there is need for institutionalisation.
Monitoring and evaluation has to be focused in the country’s national development plan agenda. To be sustainable, governments must believe in the utilities of M & E and understand the system but to do so, they must own and institutionalise it. It needs public sector reform including national planning and budget decision making. Accordingly, M&E planning needs an integrated approach.
Stakeholder participation – monitoring and evaluation require an all inclusive stakeholder in their participation encompassing the Government, developmental partners, private sector and citizenry participation.
Multi-sectoral application
Monitoring and evaluation is an enabling tool for a government wide multi-sectoral development. It also emerged that monitoring and evaluation compliant countries like Rwanda, Ghana and South Africa have successfully applied monitoring and evaluation in such sectors as agriculture, health, energy and environment among others. This has reinvigorated Government efforts to fulfil national development objectives in the context of propagating the implementation of the SDGs.
Madam President, as a delegation we also made our recommendations. From the very onset, I alluded to the fact that monitoring and evaluation is the answer, the bedrock for socio-economic development. As such, the delegation made the following recommendations for adoption. The recommendations are borne out of the belief that what gets measured gets produced.
- Institutionalisation of Monitoring and Evaluation
There is need to adopt government wide monitoring and evaluation systems in all relevant Government institutions. The institutionalisation of monitoring and evaluation is key in that it brings about collaboration and integration. Monitoring and evaluation is critical in designing compliant Government policies and programmes which are in tandem with monitoring and evaluation standards.
- Capacity building and Government support
It is recommended that the key players like Government officials and Parliamentarians be capacitated through some awareness and appropriate training programmes. Resources like ICT infrastructure, computers, even free wifi at our Parliament building, our constituencies and airports is also needed to fully equip officials with the requisite tools to effectively discharge and implement their mandate. This will assist in the systematic implementation of developmental agendas for their constituencies, especially in the new dispensation where devolution is now the central thrust in development.
Budget allocation towards the establishment of a monitoring and evaluation system in our tertiary institutions is therefore an absolute necessity. South Africa is one of the countries which has significantly capacitated monitoring and evaluation institutions. To fully capacitate Parliamentarians, Government should also commit to supporting membership and participation in such regional groupings as AfrEA and APNODE which promote monitoring and evaluation ecosystems.
Additionally this will go a long way in consolidating and enhancing
Parliament and Government’s efforts in coming up with a harmonised Monitoring and Evaluation framework.
- Benchmarking
Madam President, for purposes of adopting international best practices it is recommended that Zimbabwe should leverage the experiences of other member countries like South Africa, Uganda, Zambia, Rwanda and Kenya. In that regard Zimbabwe should engage the said countries and other developed states like Malaysia, Japan and Australia.
- Development partner engagement
Government is urged to engage cooperating development partners in implementing Monitoring and Evaluation. Countries like Rwanda have managed to coordinate efforts with such organisations as the Belgian Technical Cooperation and UNICEF in order to bolster their efforts at implementing and adopting a working Monitoring and Evaluation Model.
- Political will
It is recommended that political will be the driving force to effectively implement Monitoring and Evaluation. The 2015 Zimbabwe National Monitoring and Evaluation policy is evidence of the political awareness of the importance of Monitoring and Evaluation. Madam President, at this juncture allow me to commend the Government’s commitment to Monitoring and Evaluation as evidenced by the recent appointment of Hon. Jorum Gumbo to become the Minister of State for Presidential Affairs in charge of Implementing and Monitoring.
Political will must therefore be the critical ingredient that must propel Government institutions to adopt a holistic approach towards the implementation of Monitoring and Evaluation systematically.
- Stakeholder engagement.
Monitoring and Evaluation must be a multipurpose mechanism which cuts across Government departments, institutions at all levels including such players as civil society and to some extent private sector stakeholders; in fact, there must be a buy in by all relevant stakeholders.
- Youth participation and engagement
It is axiomatic that one of the innovative ways of implementing Monitoring and Evaluation at national level is youth engagement and participation. The youth must be recognised as the current and future leaders in our development matrix. It is further recommended that for this to be effective the Government can hold national Monitoring and
Evaluation seminars and workshops in collaboration with the Zimbabwe Youth Council, a corporate body established to forge linkages between the Government and the youths.
- Climate Change and Agriculture
With regards to the Presidential Inputs Scheme and Command Agriculture Monitoring and Evaluation will come in to assess, improve and stimulate the whole framework. This will thus foster accountability, transparency in these programmes. With regards to climate change Monitoring and Evaluation is important for Zimbabwe which is yet to recover from the aftermath of the catastrophic Cyclone Idai. In this regard it is recommended that Zimbabwe embarks on a concerted Monitoring and Evaluation peer review arrangement with the fellow victim nations like Malawi and Mozambique in order to coordinate efforts in climate change mitigatory measures in the short term and long term compass.
Madam President, as I draw close to my conclusion, the urgency that comes with the need to adopt an institutionalised Monitoring and Evaluation in Zimbabwe cannot be emphasised. It is one cause which calls for both political and national convergence. Zimbabwe has come of age and it is high time the country rubs shoulders with other developing states in the championing of national Monitoring and
Evaluation systems. It is only through monitoring and evaluation in Zimbabwe that we can realise high order goals in terms of national objectives and sustainable development.
Madam President, allow me to conclude by saying Monitoring and Evaluation is the contemporary management tool at individual level, organisational level and more importantly at national level. Let it be borne in our minds that any planning without Monitoring and Evaluation is bound to fail. As such allow me again Madam President, to borrow from Socrates who posits that an unexamined life is not worth living. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) (HON): I move
that debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 29th May, 2019.
SECOND READING
COMPANIES AND OTHER BUSINESS ENTITIES BILL [H. B. 8A, 2018]
First Order read: Second Reading: Companies and Other Business Entities Bill, (H. B. 8A, 2018).
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIR, (HON. ZIYAMBI): Thank you
Madam President. I am honoured to present to you the Companies and Other Business Entities Bill, (H. B. 8A, 2018). This is a very big Bill with almost 304 clauses. The Bill principally seeks to replace and update the law relating to companies and private business corporations.
The present Companies Act was passed in 1951 and needs updating. I will just go through a few outstanding features within the Bill. Firstly, it has provision for the issuance of non-par value share rather than shares with a fixed value together with provisions for the valuation of non-par value shares.
- To introduce an electronic registry for the incorporation and registration of domestic and foreign companies and private business corporation;
- The substitution of criminal penalties by civil penalties wherever possible ;
- To establish an inspectorate to better enforce the provisions of the
Bill;
- To make new provisions for the major and takeover of companies and other business entities;
- To provide the licencing of business entity, incorporation agents and business entity service providers;
- It seeks to clarify and improve the common law principle of bona vacantia, that is the vesting in the state of unclaimed properties of defect companies and private business corporations, by instituting a fair and transparent method of declaring such properties to be bona vacantia.
- To make beneficial ownership of companies more transparent;
- The introduction of a continuous system of updating the registry;
- To make further provision to combat the use of company form for criminal purposes;
- It also defines in greater detail, the corporate responsibility of directors and board of companies and encourages good corporate governance;
- Lastly, it will provide for additional measures to protect shareholders and investors and in particular, minority shareholders and investors.
Madam President, allow me to go through the individual clauses of the Bill. Clause 1 and 2 basically deal with the title of the Bill and the definition of terms. Clause 3 gives detailed guidance on who or what is an associate for the purpose of this Bill. Clause 4 says that this Bill will not apply to banks, building societies, cooperative societies, insurers and other entities whose formation is subject to other laws. It does not also apply to trade unions and employer organisations. Clause 5 outlines or lists the kind of business entities that are registrable entities under this Bill. For the first time, there is a provision for such entities as partnerships, syndicates and joint ventures.
Madam President, Part 2 of Chapter 1 contains administrative provisions and I will go through some of them. Clause 6 provides for the establishment of the registration of companies and other business entities. Clause 7 contemplates that the companies’ office will become an accounting entity for the purposes of Public Finance Management
Act. Clause 8 provides for the annual reporting of the companies’ office to Parliament through the Minister. Clause 9 is concerned with the form and language of registers and other documents required by this Act to be kept by the companies and the manner in which they are to be kept by companies and other entities.
Madam President, for the first time, officially recognised languages are given recognition for documents to be registered under this Bill. For the benefit of local and foreign investors, a copy of the official languages document must have an authenticated translation from the company concerned rendered by a person competent to do so in the opinion of the Registrar.
Madam President, Clause 10 concerns standard forms and tables used for the purpose of this Bill and the fees for services provided by the companies’ office which are set forth in the first to the fifty Schedules. Clause 11 gives the general power to the Registrar to refuse registration of any record that is legally or textually defective in any way and to allow the person responsible for the defect to correct it. Clause 12 provides for condonation for late filing of documents or delivery by the user of the registry by the Registrar.
Under Clause 13, an Affidavit by the Registrar or of any persons employed in the companies’ office as to whether or not a document has been filed with or delivered to the Registrar shall be treated as presumptive proof of the facts stated therein for the purposes of civil and criminal proceedings. Clause 14 permits the inspection, copying and extraction of the whole or any part of any document kept at the companies’ office by the public under prescribed conditions.
Madam President, Clause 15 contemplates situations where the Registrar may demand additional documents to those otherwise required by this Bill while Clause 16 empowers the Registrar to replace lost, defaced or destroyed documents that are filed with the companies’ office. Clause 17 bestows statutory immunity on the Registrar and companies offices’ employees in relation to any potential legal liability
arising out of acts or omissions by those persons done in good faith.
I now turn to Chapter 2. Chapter 2 gathers together all the provisions of the Bill that are applied in common to companies and
Private Business Corporations (PBC). I will refer to them as PBCs.
Clause 18 provides for the first step in the incorporation of companies and PBCs, namely the Lodging with the Registrar, the Memorandum of Association of a company or incorporating statement of a PBC as the case may be. Clause 19 provides for the bestowal of corporate personality and limited liability on applicant companies and PBCs that have complied with the conditions of registration under this Bill. Clause 20 states that the constituted documents of a company or PBC shall, when registered, buy in the company or PBC and members thereof, to the same extent as if they respectively had been signed by each member.
Madam President, in the case of a company, the subscribers of a Memorandum of Association entered into the Registrar of the company shall be members of that company. In the case of a PBC, a person will not become a member until the fact of his/her membership has been recorded in a registered incorporating statement. Similarly, his or her membership will not cease in most cases until that fact has been recorded and registered. The Clause also limits the liability of members of a company or PBC for dates and obligations of the company or PBC.
Clause 21 requires every company and PBC to send to every member at his/her request, a copy of the Memorandum or Articles of the Association or Incorporating Statement as the case might be. It also requires companies and PBCs to keep their constituted documents at their registered offices or at their physical address of the accounting officer respectively.
Clause 22 says that no notice shall be presumed to be given to the Third Parties of the contents of the constitutive documents of a company or PBC just because those documents are registered in the register. This provides an important measure of comfort to Third Parties dealing in good faith with companies or PBCs because it prevents companies or PBCs from repudiating or not honouring their obligations on the basis of things contained in their constitutive document.
Madam President, Clause 23 puts an obligation on companies and PBCs to ensure that their members are furnished with up to date copies of constitutive documents incorporating changes up to that date. Clause 24 presumes in favour of companies and PBCs that all their internal processes have been duly and lawfully complied with. This shifts the burden of proof to the contrary, on persons who alleged otherwise.
Clauses 25, 26, 28 and 29 revolve around the choice, use and abuse of many companies and PBCs. The prohibition of undesirable member, changes of name and the consequences of name changes and the lawful use of assumed names by companies and PBCs. Clause 27 confirms the abolition of what was called ultra vires rule of the Common Law concerning companies, which was abolished in the 1993 Companies Amendment Act. This rule says that a company could not go beyond its stated objects and if it did that, this would provide grounds for the company or a Third Party to resign or repudiate for now, honour its obligation.
Clause 30 requires that every company and PBC incorporates in their business letters in legible characters; the name of every director or member of the PBC. Clause 31 requires every company and PBC to have in Zimbabwe, a postal address and a registered office, physical address or a physical address of an accounting officer in the case of a PBC. In addition, if a company or PBC conducts its business or administration electronically, it must notify its electronic address in writing to the Registrar. Any breach of this requirement may subject the company or PBC to a civil penalty.
Clause 32 provides for ratification of incorporation contract by Putative Company or PBC. Clause 33 applies to the registration; the same advantages and obligations that natural persons have when concluding contracts.
Clause 34 applies to juristic persons, the same advantages and obligations natural persons have when using promissory notes and bills of exchange. Clause 35 empowers a company or PBC to authorise a person and its agent to execute deeds in a foreign country. It is not compulsory for companies or PBCs to have a seal but where they have them, it is important to guard against abuse. Clause 36 provides accordingly.
Madam President, Clause 37 empowers the director, secretary or authorised member of a private business corporation to authenticate documents on behalf of the company or PBC.
Part II of Chapter One
Powers of Inspection and Investigation by the Registrar.
Clause 38 sets out the purposes of investigation and inspection of companies and other business entity, which is to promote good corporate governance and inspire investor confidence. The powers and privileges of the Registrar shall be the same with those of Commissioners; however with some exception, under the powers of the Commissioners’ of Inquiries Act, Chapter10:07. Under Clause 39, the Registrar may initiate an investigation of a company or a PBC if he/she has reasonable cause to believe that this Bill is not being complied with, with respect to documents required to be submitted to him/her by that company or PBC.
Clause 40 enables minority shareholders of companies and minority members of PBCs to request the Registrar to initiate an investigation of the company or PBC, that is shareholders or members of at least 5% or the total shareholding or interests. Clause 41, the Registrar may institute an inquiry through one or more inspectors as to the ownership or control of any company or PBC. If any member requests such an investigation, that member will bear such cost. Clause 42 empowers the Registrar to undertake an investigation at the initiative of a special company resolution or by order of court requesting such an investigation. It also empowers the Registrar to undertake any such investigation when he/she reasonably believes that the entity in question is conducting its business in such a way as to defraud its creditors.
Clause 43 says an inspector assigned to investigate a company may also investigate any subsidiary or holding company or an associated company of the first mentioned company under investigation. Clause 44 provides for officers and agents of companies and PBCs to assist with factors investigation by producing records and giving evidence of the affairs of the entity to the inspector.
Under Clause 45, after completion of an investigation, a report is availed to the Registrar who must then avail it to the Minister and in the case of an investigation prompted by shareholders or interest holders or a court to those shareholders or interest holders or to the court as the case may be. Under Clause 46 the Registrar may conclude on the basis of a report that a prosecution ought to be instituted or that a company or PBC ought to be wound up or that civil proceeding in the name of the company or PBC ought to be instituted to recover damages.
Clause 47 deals with the assignment of responsibility for the expenses of an investigation of the affairs of a company or PBC. Where the Registrar deems it desirable to investigate the ownership of any shares or debentures of the company, the Registrar may, under Clause 48, require information to be furnished to him/her for any person he/she reasonably believes to be interested in shares or debentures in that company. Under Clause 49, the Registrar may impose restrictions on transactions involving shares that are the subject that belong to a company or PBC subject to an investigation under this sub-part.
Clause 50, serves Attorney Client Privilege and Banker
Confidentiality Privilege. Clause 51 makes it clear that the inspector’s report upon an investigation is admissible in court on the issue of the inspector’s opinion in relation to any matter contained therein.
Part II of Part 1- Defunct Companies and PBCs
Clause 52 empowers the Registrar to strike off from the register the de facto companies or PBCs where it is apparent that they have ceased to operate by reason of not rendering any returns. However, any member of the company or PBC that has been stuck off can apply to the Magistrate Court within whose area of jurisdiction the entity had its principal place of business for an order that the entity’s name be restored to the register.
Clause 53 embodies and improves the application of the long standing common law principle of bona vacantia where the property of de facto companies that is not distributed is versed in the State. The clause provides for the vesting in the State of any property of a de facto company or PBC, to which no one has any claim upon an application being made to that effect by the Attorney General at the request of the
Chief Registrar. It is clear that the State will not needlessly expropriate unclaimed property since the State will be obliged to publicly auction the said property.
Madam President, I turn to Part (IV) of Part (II) which concerns to provisions relating to legal proceedings that apply commonly to companies and PBCs. Clause 54 provides for the duty of care to be observed by managers, directors and other officers towards their company or PBC. It also incorporats the business judgment rule, that is to say the rule whereby managers, directors and other officers are required to discharge their duty of care in a manner that is demonstrable in good faith.
Madam President, Clause 55 provides the duty of loyalty on the part of every manager or controlling member of a private business cooperation and a director, officer or controlling member of a company. The duty consists of various elements such as the duty not to abuse the property of the entity in question for managers or officers own the benefit and not to disclose confidential information of the entity among other things.
Clause 56 sets out rules for insulating the personal financial interest of a director from the interest of the company of which he or she is a director. If the director is a sole director but does not hold all the beneficial interest of all the shares of the company, the director may not enter into any agreement in which he or she is financially interested or make any decision in which he or she or any associate is personally interested except with the prior approval of the shareholders by ordinary resolution passed by them with full knowledge of the nature and extent of the director’s interest.
Madam President, Clause 57 provides for the general duty of disclosure of any conflict of interest on the part of a person who has a duty of care towards a private business corporation or a company. While Clause 58 provides for the remedy of avoidance and other remedies in relation to transactions concluded in breach of Clause 56 but in the case of avoidance, no third party acting in good faith will be prejudiced thereby. Under sub-clause 2, the person found to have had the conflict of interest shall be liable to account for and transfered to the PBC or company any gain which he or she has made from the act or transaction and to indemnify the company for any loss or damage suffered by it as a result of the act or transaction.
Madam President, Clause 59 excuses director’s members, officers and auditors of companies and PBCs from liability or negligence, breach of duty or breach of trust in connection with his or her duties to the company or PBC. If it appears to the court hearing claims for such faulty liability that the person alleged to be at fault acted in good faith, that is to say, honestly and reasonably.
Madam President, Clause 60 provides for direct court actions by a member of a PBC or company against any manager, officer or director of that company to enforce or recover damages caused to him or her by violation of a duty incumbent upon any such manager, officer or director under this act or any other law including laws against fraud or misappropriation.
Madam President, Clause 61 provides for derivative court actions by a member on the entity’s behalf against any manager, director or officer of that company to enforce or to recover from that manager or director damages caused to the company by violation of duties owed by the manager or director to the company under this Act or any other law including laws against fraud or misappropriation.
Clause 62, Madam President, guides a court confronted by a case involving deadlock, fraud and oppression as to the kinds of remedies it may apply in such situations while Clause 63 empowers the court to demand security for costs from any company or PBC in legal proceedings if the court is satisfied that the company or PBC may be unable to pay the costs of those proceedings.
Madam President, Clause 64 provides for manual or electronic service of documents in connection with legal proceedings under this
Bill. Clause 65 strengthens the presumption of regularity under Clause 24 by requiring that any allegation of voidness or impropriety on the part of registered business entity in connection with any of its agreements, resolutions or exercise of its power cannot be substantiated except by a court ruling or a decision of the Registrar made pursuant to the exercise of his or her civil penalty jurisdiction. Clause 66 provides the grounds upon which a person owing duties of care and loyalty towards a registered business entity may be indemnified by that entity for the expenses of actions brought in connection with the alleged breach of such duties.
Madam President, allow me to turn to Part V of Chapter (I) which deals with offences and defaults common to companies and PBCs. Clause 67 provides for criminal penalties for making false statements by directors and other officers or responsible persons of companies and PBCs. Under Clause 68, the High Court will have the power to declare a director or a member or former director or member of a company or
PBC personally liable for the company’s or the PBC’s debts if he or she was responsible for carrying on its business recklessly, grossly negligently or fraudulently.
Madam President, Clause 69 provides criminal penalties for fraudulent, reckless or willful failure to comply with provisions of this
Bill to ensure proper financial accounting by companies and PBCs; also for the falsification or deliberate concealment or distraction of documents.
Clause 70 provides for the disqualification of any persons convicted of certain crimes in connection with the promotion, formation or management of a company or PBC from being managers, or directors of companies or controlling members of PBCs. Any interested persons may apply for such an order from the court.
Clause 71 criminalises unlawful impersonation of any owner of a share or an interest in a company or PBC or the misuse of any share certificate or certificate of interest to misrepresent the nature of one’s stake in a company or PBC.
Mr. President Sir, Clause 72 imposes an obligation on every company to maintain an accurate and up to date register of the beneficial owner or owners of the company to be known as the register of beneficial owners.
Clause 73 prohibits the concealment of the beneficial ownership of shares through the use of nominees but accepting certain specified circumstances. A beneficial owner is defined in this Bill as a natural person who ultimately owns, controls or benefits from a company or trust and the income it generates.
The Financial Action Task Force (FATF) has issued a recommendation to address the misuse of companies as vehicles for money laundering and terrorist financing by requiring that States establish the identity of each natural person who exercises control of a company thorough one or more nominees. Mr. President, Clause 74 provides companies or PBCs from realising or indemnifying officers of the company from their statutory duties under this Bill.
I now turn to Chapter 3. Chapter 3 gathers all provisions that are unique to companies. Sub Part A of Part 1 of Chapter 3 contains provisions for the incorporation of companies and matters incidental thereto. Clause 75 prohibits any association for gain of more than 20 persons unless that association is incorporated as a company or a PBC. Clause 76 requires that any persons wishing to form a company must subscribe their names to a Memorandum of Association,while under Clause 77 a memorandum of a company may be in English or any officially recognised language and in the later case an authenticated translation should be furnished in English to the Registrar.
Clause 78 provides for the persons who must sign the
Memorandum of Association and other conditions attaching to the Memorandum of Association while Clause 79 provides for the alteration of the Memorandum of Association under specified conditions. Clause 80 provides that in certain circumstances, the holders of any type or class of shares may be entitled to vote as a group on an amendment to the Memorandum of Association.
Mr. President Sir, Clause 81 provides for the Articles of
Association of a company, that is to say for its constitution and internal regulations. Under Clause 82, companies whose objects are not primarily for profit but rather to benefit their members may apply to the
Minister for a licence to dispense with the word ‘limited’ in their title. Companies limited by guarantee that are licenced under this section are the preferred vehicles for charities and other bodies.
Mr. President, Sub Part 2 of Part 1 of Chapter 3 contains provisions for the membership of companies in addition to that found in Clause 20 above. Under Clause 83, if a company has no members and carries on business for more than six months without members, any person who knowingly causes it to do so shall be liable jointly and severally with the company for all debts incurred by it after the six months have elapsed.
Mr. President, Clause 84 forbids any body corporate from being a member of a company which is its holding company except under certain circumstances precisely defined in this clause.
I now turn to Sub Part C of Part 1 of Chapter 3 which contains provisions for private companies. Clause 85 defines what a private company is. That is a company that restricts the right to transfer its shares, limits the number of its members to 50 and prohibits public subscription of its shares. Clause 86 says that if a private company converts itself into a public company, then instead of issuing a prospectus it may issue a statement in lieu of prospectus without complying with the formalities attaching to issuing a prospectus.
Sub Part D of Part 1 of Chapter 3 contains provisions and these are Clauses 87 to 94 for cooperative companies, which are special companies composed of members for which the company facilitates the production or marketing of agricultural produce or livestock or the sale of goods to its members or both. A cooperative company permits farmers to associate with limited liability for the purposes of pulling produce and selling it to best advantage without the necessity of raising capital in the same way as companies.
Mr. President, I now turn to Sub Part A of Part 2 of Chapter 3 which contains provisions pertaining to shares, share capital and debentures, their nature and the rights and obligations attaching thereto. Clause 95 specifies that a share in a company is transferable movable property. Clause 96 provides that a company’s memorandum must and may provide with respect to the authorisation and classification of its shares, the numbers of authorised shares of each class and the preference rights, limitations and other terms associated with each class of shares. The number of authorised shares of each class of shares a company as set out in its memorandum, may be altered by means of an amendment of the memorandum of incorporation by the shareholders thereof. Thus, should a company not have any authorised but unissued shares in its portfolio, the directors will not be able to exercise the powers afforded to them in terms of Clause 88
Mr. President Sir, Clause 97 states that all of the shares of a particular class authorised by a company have the preference rights, limitations and other terms that are identical to other shares of the same class. Clause 98 of the Bill empowers the directors to issue shares and as such, raise capital finance at their discretion and does not require them to procure the prior concern thereto of the shareholders of the company so long as and to the extent they are empowered to do so by their company’s memorandum.
Under Clause 99, if a private company proposes to issue any additional shares, each shareholder of that private company has a right before any other person who is not a shareholder of that company to be offered and within a reasonable time, to subscribe for a percentage of the shares to be issued equal to the voting power of that shareholder’s general voting rights immediately before the offer was made.
Clause 100 provides that the board of directors of a company must only issue authorised shares for adequate consideration to the company as determined by the board. Shares may be issued for future consideration or for consideration in kind under specified conditions. In exercising their powers under this Clause, directors are enjoined to be mindful of their fiduciary duty to act in the best interest of the company.
Clause 101 set out rules with respect to options for subscription of shares or debentures in a company while Clause 102 set forth the parameters of the insolvency and liquidity tests with reference to a company’s financial health that must be applied by the board of directors for certain purposes of this Bill.
Sub Part B of Part II of Chapter 3 contains provisions pertaining to the prospectus of a public company, that is to say a printed invitation offering to the public for subscription or purchase any shares or debentures of the company. Under Clause 103 a prospectus issued by or on behalf of a company or in relation to an intended company must be dated and that date will, unless the contrary is proved, be taken as the date of publication of the prospectus.
Clause 104 provides for certain matters to be stated in reports set out in the prospectus. These statements must be in English or any officially recognised languages. Matters to be stated and reports set out in the prospectus are listed.
Clause 105 provides that any statement in a prospectus purporting to be a statement of an expert must not be issued unless it gives his or her written consent to the inclusion of that statement in the prospectus while Clause 106 requires all prospectuses to be registered with the Registrar. Clause 107 says that a company shall not alter anything included in a formation contract which is mentioned in a prospectus or statement in lieu of the prospectus, unless that alteration is approved in a statutory meeting of the members of the company.
Clause 108 and 109 provide for civil liability and criminal liability respectively that are to be attached to missed statements in a prospectus and for defences to an action brought on the basis of such missed statements.
Clause 110 provides for situations where the whole or a portion of shares or debentures being offered for public subscription is underwritten. That is to say, covered by a contract of insurance to the effect that the underwriter will buy any shares or debentures that have not been taken up by public subscription.
Clause 111 deems any documents offering any shares for public subscription to be a prospectus for the purposes of this sub part while Clause 112 construes certain references to offering shares or debentures to the public as including references to offering the same to any section of the public or to clients of the promoter of the company.
Clause 113 prohibits the door to door solicitation of members of the public at their homes or offices, shops or business premises to subscribe for shares or debentures.
Sub C of Part II of Chapter 3 contains provisions pertaining to the allotment of shares or stock in a company.
Clause 114 prohibits an allotment of shares below the amount offered to the public where the prospectus stated that a certain number of minimum shares must be subscribed and that minimum has not been achieved.
In Clause 115 a public company which allots shares at any time after its formation must not allow such shares unless it lodges with the Registrar a statement in lieu of prospectus signed by the directors.
Clause 116, if any allotment of shares is made in contravention of Clauses 114 and 115, the allotment itself shall be void if an aggrieved person makes an application to the court to that effect.
Under Clause 117 an allotee of shares may void the allotment of shares if the allotment of shares were made in contravention of Clause 103. The effect of Clause 118 is that shares or debentures issued in pursuance of a prospectus must not be allotted before the expiry of three days and any legal proceeding in connection of the prospectus are stayed until the expiry of that period.
Clause 119 holds the issuer of a prospectus to any statement therein that application to list on the stock exchange has been made. The effect of this Clause is that if such application has not been applied for within three days after the first issuance of the prospectus or if permission to list on the stock exchange has been refused 21 days after the closure of the period during which members of the public may subscribe for a share in the company concerned, any allotment made in those circumstances will be void.
Clause 120 requires companies to keep registers of allotted shares at each registered office.
Sub Part D of Part II of Chapter 3 contains provisions pertaining to commissions and discounts in connection with the sale and purchase of shares.
Under Clause 121 the payment of shares as an inducement to buy any shares is regulated. Clause 122 prohibits a company from giving financial assistance to any person to buy its own shares or shares in a company of which it is a subsidiary.
Sub Part E of Part II of Chapter 3 contains provisions pertaining to the issue of shares at premium or discount and redeemable preference shares.
Clause 123 allows a company to issue shares at a premium subject to the company transferring the value of the premiums to the share premium account. This is treated the same way as reducing a company’s share capital. A company is allowed to use a share premium account to pay up unissued shares for allotment to members as full paid bonus shares.
Clause 124 allows a company to issue shares at a discount, subject to the authority of a special resolution of a company, the sanction of the court and other condition. While Clause 125 and 126 empower a company to issue shares, the company can buy back under specified conditions.
Clause 127 to 134 and these provide for the power of a company to purchase its own shares.
Sub Part F of Part II of Chapter 3 contains…
HON. SEN. MOHADI: On a point of order. I am wondering
where the Minister is reading from because his numbers are not tallying with the numbers that I have.
HON. ZIYAMBI: Maybe I can explain. I prepared Second
Reading speech. So what I am doing is that, you will recall that I am putting together like clauses and explaining them. You will find that there are provisions that apply to companies and private business corporations, I lump them together. My Second Reading speech may not be following exactly what is in the Bill. When we are now doing the Committee Stage, we will now go clause by clause and look at it. My speech is just to give you an overview of the critical sections and I have segregated them.
THE HON. DEPUTY PRESIDENT OF SENATE: I hope Hon.
Members have got that. It is very clear. The Minister is not going through the Bill at all; he is actually making a speech, a Second Reading Speech. So the way he is presenting it will not tally with the way it is presented in the Bill itself.
HON. ZIYAMBI: Thank you Mr. President Sir. I was now
turning to Sub part ‘f’ of Part 3 of Chapter 3. This basically contains miscellaneous provisions as to share capital. You will notice under Clause 135, a company may if so authorised by its Articles, arrange to pay different amounts on the issuance of any batch of its shares and make other differential arrangements specified in the Articles.
Under Clause 136, a company can, by special resolution, determine that any portion of its share capital not yet called up is not to be called up except in the case of winding up or Judicial Management. Clause 137 deals with capitalisation shares commonly called bonus shares. These are free shares offered by a company to its existing shareholders often as an alternative to increasing the dividend payout. Clause 138 provides that before making any dividend payouts, the board must, amongst other things, apply the insolvency and liquidity tests as set out in Clause 100. This provision contains safeguards for shareholders and creditors such as that; dividend distributions must be effected within 120 days of them being declared. If there is a delay in complying with this requirement, the solvency and liquidity test must be reapplied.
Mr. President, Clause 139 deals with what are called rights issues, that is to say an issue of rights to a company’s existing shareholders that entitles them to buy additional shares directly from the company in proportion to their existing holdings within a fixed time period. Rights issues subsist by virtue of existing shareholders being given by this Clause, a preemptive right to any issuance of new shares by the company. Clause 149 set forth the liability of members in respect of reduced shares and the penalties for effecting a reduction of capital that is prejudicial to a creditor or for willful concealing the name of a creditor to object to the reduction.
Mr. President, sub paragraph ‘h’ of part 2 of Chapter 3 contains provisions pertaining to the transfer of shares and debentures, evidence of titles among other things. Clause 150 stipulates that each share must be assigned a distinct number, unless all issued shares of a particular class have been fully paid up and rank with each other. Clause 151 states that no company may register a transfer of shares except on presentation to the company of a valid instrument of transfer of value of such shares. Clause 152 prohibits bearer shares – [these are shares whose ownerships are purported to be transmitted by delivery without registration in a company share register] – and the concealment of the beneficial ownership of shares through the use of nominees except in certain specified circumstances.
Under Clause 153, unless the conditions of issuance of debenture share of stock otherwise provide, a company must within two months of lodgment of transfer of the same, complete and have ready for delivery the certificate relating to those shares, debentures and debenture stocks. However, provision is made to allow for uncertified shares to be issued by companies that are registered users of the electronic registry. Clause 154 empowers a company to create and issue debantures to bind its moveable or immoveable property if so authorised by its Memorandum or Articles of Association. Clause 155 requires a company to keep a register of mortgages and a register of debantures with full relevant particulars at its registered office. Clause 156 empowers the company if so authorised by its Articles to keep in any foreign country, a branch register of debenture holders, subject to the conditions specified in the clause. Clause 157 provides for the power to reissue redeemed debentures in certain cases.
Mr. President, I will turn to Part 3 of Chapter 3. Basically, this contains provisions pertaining to the management and administration of companies. Sub Part ‘a’ provides for restrictions on commencement of business and the register and index of members. Clause 158 imposes certain conditions that must be met before a public company can commence business whilst Clauses 159 to 163 concern the keeping of a register of members by companies.
I will turn to Sub Part ‘b’ of Part 3 of Chapter 3. This contains provisions pertaining to the rendering of annual returns to the Registrar of Companies and the conduct of their meetings and proceedings.
Clause 165 requires every company to file with the Registrar an annual return which includes; a summary of shareholders, list of directors and secretaries and dates of statutory meetings. Under Clause 166, every public company must not, earlier than one month or later than three months from when it commences business, hold a statutory meeting. At least 14 days before such meeting, the directors must transmit to every member what is called a Statutory Report.
This is a kind of an agenda, the item of which includes confirmation of directors, shareholding and confirmation of secretary and auditors. Such Statutory Report must be certified as correct by the auditors and directors and must be filed with the Registrar within one month of the date of certification. Under Clause 167, an obligation is put on companies to hold Annual General Meetings for the purposes of dealing with and disposing of matters required in terms of this Bill to be dealt with and disposed of at an Annual General Meeting.
Mr. President, I will now turn to Clause 168 which compels a company to hold an Extraordinary General Meeting on the requisition of members holding at least 5% of the paid up shares of the company. Clause 169 stipulates minimum notice periods for calling meetings of members of a company. Mr. President, Clause 170 contains default provisions; that is provisions to be complied with in the absence of similar provisions in the Articles.
Clause 171 entitles a member of a company to appoint a proxy to vote on his/her behalf at membership meetings. Clause 172 entitles members of a public company to cause the adjournment of a members’ meeting if a resolution to that effect is carried by a majority to that meeting. The conditions for such adjournment are specified in this clause. Clause 173 permits bodies corporate to be represented at meetings of members of companies under specified conditions.
I turn to Clause 174, which entitles a certain number of members to place on the agenda of an Annual General Meeting of members, notice of a resolution and to have such resolution circulated to members at the expense of the requisitionist. Clause 175 provides for special resolutions; that is to say, resolutions that require a super majority of 75% of members entitled to vote and a notice of 21 days. Clause 176 provides for resolution to be passed without a meeting of members of a private company, if the resolution is circulated, members are entitled to vote. However, such manner of voting is not permitted for resolution seeking the removal of a director or auditor of the company. Clause 177 provides that whereby the articles or anything is required to be done on special notice, such notice must be given 28 days before that meeting at which it is to be moved. Clause 178; provision is made for the transmission to the Registrar of copies of special resolutions.
Clause 179 says that if a resolution of a company or of the directors of a company is passed at a meeting that resulted from the adjournment of an earlier meeting, then the date of the resolution is the date on which it was actually passed, not the date of the earlier meeting. Clauses 180 and 181 require minutes to be kept of every general meeting of a company and of its directors and to provide for the inspection or obtaining of the minutes of general meetings by any member of a company.
Sub-Part C: Part 3 [Chapter 3]
Provisions Pertaining to a Company’s Accounts and Audit
Clauses 182 (a) and 184 provide that every company is required to keep at its registered office, financial records that reflect a true and fair view of the company’s state of affairs and that the company may destroy such records eight years after the completion of the transaction to which they relate. It also provides that every company is required to prepare a statement of financial position and a statement of comprehensive income for each financial year, which is supposed to be laid before the company at each annual general meeting.
In addition, the directors of a public company must cause to be presented at each annual general shareholders’ meeting the report of the board’s audit committee disclosing among other things the total amount of remuneration paid to and the value of any benefits received by each director or former director during the financial year ended. Clause 185 clarifies the meaning of what a company is in relation to subsidiary companies and their holding companies or the meaning of a holding company in relation to its subsidiary. Clause 186 and 187 make provision for group accounts, that is to say consolidated or individually segregated accounts in the case of a company with subsidiaries, while Clause 188 requires a statement of comprehensive income to be annexed to every statement of financial position to be laid before a general meeting of the company.
Under Clause 189, there must be attached every statement of financial position laid before a company in general meeting, a report by the directors with respect to the state of the company’s affairs; providing for things as what dividends have been paid or should be paid or what profits should be retained and carried to the company reserves. Clause 190 says that members of a company must, before every general meeting receive copies of every statement of financial position and associated documents thereto. Clause 191 provides for the appointment, remuneration, duties, powers and removal of auditor. Clause 192 provides for the disqualification or appointment of revenue auditor of a company whilst Clause 193 provides for the contents of an auditor’s report. Clause 194 says that a reference in this Bill to a document annexed or required to be annexed to a company account does not include the director or auditor’s report.
Sub-Part D: Part 3 [Chapter 3]
Provisions Pertaining to a Company’s Directors and Other Officers
Clause 185 requires that a company must have directors responsible for managing and directing operations and that at least one of them must ordinarily be resident in Zimbabwe. A private company having between two and nine shareholders must have at least two directors and a private company with more than 10 shareholders must have at least three directors. Mr. President, a public company must have no fewer than seven or more than 15 directors. No director may be CEO and Chairperson of the Board of the Company at the same time. A limit has also been set on directors of unassociated companies who may not sit on no more than 6 Boards.
Clause 196 will enable decisions to be made otherwise than at meetings of boards of companies requiring the physical presence of directors such as at virtual meeting that is tele-conferences and by circular unless the memorandum of company concerned prohibits this. In terms of Clause 197, the director of a company but also an alternate director, a prescribed officer or a person who is a member of a committee of the board company or member of the audit committee of a company irrespective of whether or not the person is also a member of the company’s board may be held personally liable by the aggrieved company of which he/she is the director in accordance with the principles of the Common Law relating to the breach of duty and relating to dealings for any loss and damages or costs sustained by the company as a consequence of any breach by the director of duties contemplated among others in Clauses 54, 55, 57 and 193.
Clause 198 sets out the appointment by the board of a public company, an officer known as the Company Secretary whose functions, qualifications and disqualifications are there itemized. Clause 199 imposes restrictions on the appointment or advertisements of directors of public companies. Clause 200 sets out persons disqualified from being appointed as directors of public companies. Also private companies are not bound by this provision when appointing directors. They must file a statement with the Registrar that they have appointed director who would be disqualified from appointment as a director of a public company. A private company that fails to file this statement runs the risk of this matter becoming an issue in litigation at the instance of agreed investors who are unaware of the appointment.
Clause 201 requires the appointment of directors of public companies to be voted on individually at a general meeting of a public company. Clause 202 enables public companies, despite anything in its Articles of Association or any agreement between it and the director concerned to remove by resolution any of its directors before the expiry of his/her term of office. The right of the affected director to make representation for compensation for unlawful dismissal is served. Clause 203, 204 and 205, these make provision for the filling in of vacancies of boards of companies for quarter and tie-breaking votes at meetings of Boards of Director and for the keeping of minutes of Boards and Committees. Under Clause 206, every public company must have at least 3 non-executive or independent directors on its Board of Directors. Clause 207 provides for the remuneration of directors. Clause 208 prohibits loans or guarantees from the funds of the company to be made to directors except within the conditions stated therein. Clause 209 provides that the nature and extend of any terminal benefits to any director of a public company must be disclosed by a public company and approved by members at its general meeting.
Mr. President, Clause 210 requires the prior approval of members of the public company for any transfer of its property to an existing director as compensation for his her loss of office or retirement. Clause 211 says that where a public company is taken over merged or amalgamated, or subjected to the control of another person or company and the directors thereof are to be compensated for any loss of office resulting therefrom, the affected directors must disclose the contemplated compensation in the notice of offer made for their shares that is furnished to the shareholders.
Clause 212 creates certain presumptions in connection with the foregoing Clauses 208, 209 and 210, with a view to avoid any invasion of them by affected directors. Clause 213 compels the keeping of a register of directors’ shareholdings in a company or companies that are not private companies and imposes civil penalty sanctions for failure to do so. Clause 214 prohibits, not withstanding, anything in the Articles of Association of the company, it prohibits the allotment of shares to directors, served on the same terms as those offered to members. Directors are also prevented without the approval of the company at a general meeting to dispose of any undertaking of the company or the whole or greater part of the assets of the company. It also makes clear that any differential allotment of shares or disposals of any such undertakings or assets must be identified specifically.
Clause 215 requires disclosures of directors’ salaries and pensions in the accounts of a company are laid before it in a general meeting or in a statement annexure thereto. Clause 216 requires certain disclosures to be made in accounts laid before members of the public company of particular’s loans made to officers of that company; while clause 217 requires the keeping of a register of its directors and secretaries together with a register of its members at its registered office for public scrutiny.
Mr. President, Sub Part (e) of Part (3) of Chapter (3), contains provisions pertaining to the responsibilities of Board of Directors, Audit Committees of public companies and corporate governance guidelines for public companies. Clause 218 set forth what the role of the Board of Director is which must exercise collectively the responsibilities that directors must exercise individually under Clause 193. Provision is made for public companies to appoint Audit Committees under Clause 219. While under Clause 220, the board of every company shall establish and or adopt written corporate governance guidelines that must be consistent with the then current national code on corporate governance. The appointment by boards of officers of the company and the definition of their responsibilities is provided for under Clause 221.
I now turn to Sub Part (f) of Part III of Chapter 2 and it contains provision pertaining to the protection of minority shareholders from oppression. If you go to Clause 223, it entitles oppressed shareholders to make an application to the High Court on the ground that the company’s affairs are being or have been conducted in a manner which is oppressive or unfairly pre-judicial to the interest of some part of the members including himself or herself or that any actually or proposed act or omission of the company including an act or omission on its behalf is or would be oppressive or pre-judicial.
Under Clause 224, the Registrar is also empowered to make a similar application. I now turn to Sub Part (g) of Part III of Chapter 3, which contains provisions pertaining to mergers and related issues. In Clause 226, it contains definitions of merger and merger assets transactions. Clause 227 empowers private public companies and corporative companies to undertake mergers and describes the types of mergers that may be undertaken. Clause 228 provides comprehensively for the procedure from the beginning of a merger of a company to its end. Clause 229 provides the minimum requirements for the contents of a merger contract.
Clause 230, a private company may and a public company must if either is a part of a merger, engage an independent professional financial advisor to explain for the benefit of members and shareholders what the major is about and whether in his or her opinion his terms are fair. Clause 231, spells out in detail the legal effect of the merger of two or more companies. Under Clause 232, merger asset transactions not amounting to mergers must be subjected to shareholder approval.
Under Clause 233, it provides for descending shareholders appraisal rights, such rights enable minority shareholders in a company who descent from a corporate decision of a company in certain cases to leave the company by having the company pay them for the fair value of their shares.
I now turn to Sub Part (h) of Part III of Chapter 3, which contains provisions pertaining to take over. Clause 234 defines the words
‘associates’ and ‘control block’ for the purposes of this sub-part. Persons are deemed to be associated if being natural persons, they are related to each other or in any other case such as associations of natural juristic persons, they exercise control over each other in the form of controlling shareholdings and so on.
Clause 235 says that a person that is alone or together with any associate acquires more than 20% of the ordinary shares of a public company must, within a specified date of the acquisition, notify the company of that fact. Clause 236, says that a person who wants whether alone or together with associates, who wants to acquire a control block of shares, that is to say a block of at least 35% of the ordinary voting shares of a public company, must give at least 30 days notice of his or her intention to do so.
Clause 237 sets out the steps to be followed when notice of an intention to acquire a controlling block of shares in a public company is made. Clause 238 and 239 provides for what are known as drag along and tag along options. Drag along is the power of the acquirer in a takeover to compel 10% or less of descending shareholders to sell them their shares to the acquirer. On the tag along it is the opposite, right in favour of the descending shareholders. The acquirer in a takeover may be compelled to buy 10% or less of the shareholding of descending shareholders on the same terms as those applicable to non-descending shareholders.
I now turn to Part IV of Chapter 3 which contains provision pertaining to foreign companies. Clause 240 contains definitions used in sub part (a) of this part. Clause 241, says that every foreign company wanting to establish a place of business in Zimbabwe must lodge with the Minister, a copy of its constitutive documents, a list of directors resident or to be resident in Zimbabwe and if it is a subsidiary, the name of its holding company.
Clause 242 imposes on foreign companies conditions similar to those in Clauses 28, 30, 31 and 180.
Clause 243 says that where a foreign company redomiciles in Zimbabwe or is merged or taken over or changes its character, it may be exempted from duty for the transfer of immovable property from the original foreign company to the new company.
Sub Part B of Part IV of Chapter 3 contains Clauses 244 to 246 pertaining to prospectus of foreign companies that are issued out, circulated or distributed in Zimbabwe.
Chapter 4 gathers all provisions that are unique to PBCs and other business entities, PBCs where in business and investment vehicle introduced in 1993 by the Private Business Corporations Act. PBCs give small business people an option to form bodies to be known as private business corporations which will afford members the same protection from unlimited liability as companies but which will be simpler to establish and operate.
Under Clause 247, any number of people not exceeding 20 will be entitled to form a PBC by signing an incorporating statement and delivering it to the Registrar for registration.
In Clause 248, the creators of a PBC will have to specify the
PBC’s name and address, the names of all its members and the extent of their contributions and interest in the PBC and the name of a person to be known as the accounting officer who will be responsible for ensuring that the PBCs accounts are properly kept in terms of Sub Part E.
Upon registration of incorporation statement, the PBC concerned will be incorporated. That is, it will be established as a corporate body with legal personality and full capacity independent of its members.
Under Clause 249, PBCs will be obliged to register any changes in their membership or in their particulars to be required to be specified in their incorporation statements. Failure to do so will render the PBC members liable for their PBC debts.
Under Clause 250, a PBC will be able to convert itself to a company after applying to the Registrar in a prescribed form signed by all its members and delivering to the Registrar all the documents necessary for the formation of the company. If the Registrar is satisfied, he or she shall register the PBC as the new company which will be regarded as a continuation of the same body corporate that was formed when the PBC was first incorporated.
A company may convert itself to a PBC provided that the company has less than 20 members and otherwise complies with all provisions set out in Clause 251.
Sub Part B of Part I of Chapter 4 contains provisions pertaining to membership of PBCs.
Under Clause 252, a PBC will be limited to between 1 and 20 members.
Under Clause 253, only natural persons acting in their personal capacity will be entitled to a membership of a PBC though representative members will be allowed in the event of insolvency, minority or other legal disability of a member.
Under Clause 254, every member will be obliged to contribute towards the PBC’s assets in cash or with property or services, the value of his or her contribution will be regarded as his or her interest in the
PBC and will be recorded in the PBC incorporation statement.
Under Clause 255, the condition of cessation of membership of a PBC are specified.
Sub Part C or Part I of Chapter 4 contains provisions pertaining to members interests in PBCs.
In Clause 256, a member’s interest unlike a company, members of a PBC hold an interest rather than a share. A member’s interest in a PBC shall be expressed as a percentage, that is the total sum of the member’s interest being 100% which is not capable of being jointly owned but in the case of winding up, the member shall be entitled to equivalent percentage of free residue of the PBC that are then distributable to members.
Under Clause 257, each member will be entitled to a certificate showing a percentage of his or her interest in the PBC. Any changes in a member’s interest shall be adjusted accordingly in the certificate issued by the PBC.
Clause 258 provides that new members may acquire existing members’ interests or make contributions to the asset of the PBC in which later case the percentage of their interest will be agreed between them and the existing members.
Clauses 259 and 260 deal with the disposal of interest of members who are insolvent and deceased members respectively. The trustee of an insolvent member will have unrestricted right to sell or dispose of the insolvent member’s interest in the PBC. However, in the case of a deceased member, the executor will have to comply with the PBCs bylaws if they address such a situation.
Clause 261 provides that unless there are some other provisions in the PBC by-laws, all voluntary disposal of members interest will require the consent of every member.
Clause 262 requires the adjustment of members interest whenever the membership of PBCs is increased or diminished so that the totality of the member’s interest is maintained at 100%.
Under Clause 263, a PBC will be allowed to accept the surrender of a member’s interest or to acquire their interest so long as the PBC remains solvent after the acquisition.
Under Clause 264, a PBC will be allowed to give financial assistance for the acquisition of its member’s interest so long as all the members consent and provided the PBC is solvent after the assistance has been given.
Sub Part D of Part I of Chapter 4 contains provisions pertaining to the management and administration of PBCs.
Under Clause 265, ex-members will bind a PBC if the acts were authorised or were done in the course of the PBC business unless the members concerned had no authority and the person with whom he or she was dealing with ought to have known.
Under Clause 266, PBCs must adopt by-laws regulating the management of their laws.
Clause 267 and 268 set out the minimum requirements for the management of PBC which will apply to any PBC unless varied by agreement between the members or by the PBC’s by-laws.
Clause 269 of the Bill provides members with a remedy if they are unfairly prejudiced by the conduct of other members; on an application being made to it under this clause, a court will have very wide powers to remedy the situation and protect the interests of prejudiced members.
Clause 270 is designed to protect creditors of PBCs.
Sub Part E of Part I of Chapter 4 contains provisions pertaining to accounting by PBCs.
Clause 271, every PBC will be required to keep financial records that are sufficiently detailed to allow the nature of all transactions and the PBCs true financial position to be ascertained. Such financial records will have to be kept for six years.
Clause 272 provides that at the end of every financial year, a PBC will have to prepare financial statements consisting of a statement of financial position and an income statement and showing the state of the
PBC’s affairs at the end of the financial year, its member’s contributions and the values of its assets.
Mr. President, Clause 273 provides for making of annual financial statement while Clause 274 provides for examination of financial statements. I now turn to ClauseS 275 to 277 and these provide for duties of accounting officer, accounting officer’s right to convene meetings, access to records and termination of accounting officer’s mandate.
Mr. President, Clause 278 permits the voluntary registration by partnerships, syndicates, consortiums, joint ventures or unregistered associations of their constitutive documents by the Registrar.
Mr. President, Chapter 5 concerns the electronic registry which is defined as the electronic counterpart to paper based office of the registration of companies and other business entities. This chapter will permit the digitalisation of the company’s registry and the eventual establishment of an electronic company’s registry which will supplement the paper based one thereby greatly expediting and facilitating company registry administration.
Access to the electronic registry for the purpose of information gathering will be subject to certain safeguards against fraud, violations of privacy and other abuses. Chapter 4 deals with licencing of business entity incorporation agents and business entity service providers, shell companies and shelf companies and the undertaking of the Registrar of periodic company starter’s verification exercise. In general, no person other than a legal practitioner, chartered accountant or chartered secretary may engage in business entity registration as defined in Clause 292 (1) but persons qualified in terms of Clause 292 (3) maybe licenced by the Registrar to do such work. The same goes for business entities service providers.
Mr. President, Clause 293 makes special provision for what are called shell companies and shelf companies as defined in this clause. Such companies may pose significant administrative challenges and legal risks for the Registrar. As in respect of the administrative challenges, such companies burden the office without being economically useful to the country. Frequently, they are dumped by their creators who fail to render statutory annual returns and fees leaving the office with the task of ascertaining whether they are defined regarding the legal risks of such companies. They are sometimes used as vehicles for money laundering, fraud, hiding the assets of crime and terrorism and are of special concern to the Financial Action Task Force. Moreover, shelf companies in particular are commoditised companies, that is to say shelf companies intended to be sold for a profit to others who intend to operate them. The office is accordingly entitled to additional revenue from registering such entities.
Mr. President, Chapter 6 provides for general and transitional matters. Part 1 of Chapter 6 contains provision, these are Clauses 294 to 297, governing the civil penalty regime proposed for the better and easier enforcement of this Bill. We want to move away from criminal penalties as much as possible. The majority of offences under the existing Act are of a minor character involving only minor offences and default fines, fines for infringement of statutory requirements. This is because infringements concerned are in the nature of administrative breaches and are not criminal in themselves. In order therefore to avoid ascribing criminal stigma to persons who commit minor offences and to save time and resources expended in prosecuting offenders, it is proposed to deal with this by way of civil penalties leviable by the Registrar, the proceeds of which will be treated as debts due to the registry and accordingly recoverable through civil courts. The civil penalty regime is hedged about with safeguards to prevent abuses and due process challenges.
Mr. President, Clause 298 requires the timeous making of returns, accounts and records on part of companies and other business entities required to do so by this Bill, for default in compliance with which a civil penalty will be leviable. This part also contains provisions as to agreements with other countries with a view to the rendering of reciprocal assistance in the field of company legislation and law. This is Clause 299.
The giving by the Minister of policy directions to the Registrar,
Clause 300 and the making by the Minister of regulations necessary or expedient for this Bill, that is clause 301. Clause 302 empowers the Minister to amend certain schedules of the Bill and of the part on the electronic registry with the view to keep those provisions up to date and current with respect to the payment of fees and changes in computer technology affecting the smooth running of the electronic registry.
Mr. President, Clause 303 contains provisions governing transitional issues and savings including the repeal of the Companies
Act [Chapter 24.03] and the Private Business Corporations Act [Chapter 24.11] and the saving of regulations made under them until such time as they are replaced. Especially noteworthy, Mr. President, are the provisions requiring re-registration of existing companies and PBCs in line with the objective of updating and modernising the company registry and removing all defect companies and PBCs within 12 months of the date of commencement of the Act resulting from this Bill. The procedure is greatly simplified by requiring the mere completion and submission of a user friendly form as set out in the Tenth schedule together with the entity’s constitutive documents and annual return.
Mr. President, Clause 304 enacts special transitional provisions with respect to the status of shares, treasury shares, capital accounts, share certificates of companies existing before the enactment of this Bill as an Act.
In conclusion, Mr. President Sir, the Companies and Other Business Entities Bill is fundamental in attracting investment and enhancing the ease of doing business. I thank you Mr. President and I move that the Bill be read a second time. I thank you.
HON. SEN. CHIEF CHARUMBIRA: Mr. President, I rise to
thank the Minister for being so energetic, eloquent and patient to go through such a voluminous document this afternoon. We want him to cool down, rest a bit and then we continue with the debate tomorrow. I propose that we adjourn the debate and come back tomorrow and debate within a more settled and cooler mind. Thank you very much – [HON.
SENATORS: Hear, hear.] –
THE HON. PRESIDENT OF SENATE: It seems our capacity to
absorb – [Laughter.] – is quite challenged by this voluminous and very important Bill. On a more serious note, maybe we will afford and accord the Hon. Senators some time to try and digest this very important Bill. I had heard some people trying to raise the issue that they did not see the Bill before; it was distributed last year on the 10th of October. I think your request might just be that you need a little bit more time to read the Bill.
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: Wednesday, 29th May, 2019.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the Senate
adjourned at Sixteen Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th June, 2019
The Senate met at Half-past Two o’clock p. m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
First Order read: Adjourned debate on motion on the Report of the
Speaker of National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral
Visit to the Shura Advisory Council, Doha, Qatar, 30th March to 4th April, 2019.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I want to thank the mover and the seconder of this motion and those that managed to take this visit. It is pleasing that as Zimbabwe, we have bilateral relations with other countries. This is where we explore other ideas of doing our businesses as Zimbabwe is open for business. It is also an eye opener to those who managed to go there because as they have brought this debate in Parliament, it means that what they learnt in that country will be spread all over the country by the Members who are seated here.
It is a good thing.
Mr. President, in this report, it is not surprising because the country also underwent sanctions and they reported it here and that they are still struggling. It is an important thing for us as Zimbabweans to hear from other sister countries who have gone through the same problem that we are facing in Zimbabwe. Mr. President, I am saying to the
Zimbabweans, let us not lose hope because one day we will get there. These sanctions will be a thing of the past – [HON. MEMBERS: Hear,
hear] -
The President of Qatar elaborated on his Parliament and how they are functioning as they are looking at the human capital; the human capital in education mostly. This is a good idea because they are saying that they have already assisted over a million girl child and their wish is to surpass what they have already achieved. This also encourages us as Zimbabweans that we should look forward even though things are difficult, we have to look after the girl children and we should always encourage the girl child to go to school, under what circumstances the girl child has to go to school.
The President of Qatar also highlighted the issue of infrastructure on health. Mr. President, if you look at our own country, we have done a lot on the health sector but we have not reached our target because we still have some areas where our people have to travel for more than 20 kilometers to get to a the hospital. Looking at women who are pregnant, for them to travel those long distances becomes another burden to them because they are not supposed to travel long distances. Also looking at the issue of people living with HIV/AIDS, you find that they will end up absconding from going to collect their medication because of these long distances. So, we still have a lot to be done and we have to see it that we encourage our Members that if ever the budget permits, we have to look at those areas which have got that problem of long distances to shorten those long distances by constructing more health facilities, especially in the rural areas as well as in the resettlement areas.
Mr. President, also as they were sharing ideas with our own Hon. Speaker, he elaborated on the issue of education as well and said that they were focusing mostly on sciences as on STEM, of which they are looking at technology and enquiring about engineering schools but they have a hindrance of having sufficient funds. It is now the duty of us all as we go for the budget to priorities our items where we have greater need so that whenever time comes for the budget, we have to discuss and also lobby for more budgets on areas which we see that they make our country grow. Mr. President, with these few words, I would like to thank you.
*HON. SEN. CHIMBUDZI: Thank you Mr. President for giving me this opportunity to add my voice to this motion on the journey on which the Speaker of Parliament went to Qatar. I am very grateful for the delegation which accompanied him and we know that as a country, we benefit a lot. What we need to do is to take some of those ideas and put them into our context so that we can survive because if we gather some ideas from other countries we will also know what is happening in that country.
Members of Parliament are not voted into power like what we do in this country but they are appointed. What happens in most cases is that the candidates who are elected – there is a criteria in electing people as those learned and those who have property. We know the way they choose the Members qualification depends on the rules and their constitution. We know that their country was suffering from illegal sanctions which were imposed on them because they wanted to be independent and not have anybody interfering in their affairs.
In the Zimbabwean Parliament, we hold general elections and we have separate parties contesting. Therefore, I am calling upon Zimbabweans to follow other ideas which we would gather from other countries so that whenever we have problems in our country, let us be patriotic. Let us work hard for our country and what I know is that we can only have development in the country because when we are united, we will overcome all the problems. United we stand and divided we fall. I remember sometime last week that there was a country which had sanctions imposed on them and this is Cuba. The sanctions were imposed because they were said that they support the Venezuelan President yet as far as we know, Cuba is one of those countries with highly educated people including doctors. Some of the doctors have come to this country to help us.
I am saying, this is a lesson we should gather from those people who have been in those problems regardless of the way we are elected – they are appointed but the truth of the matter is that we need to be united for the development of the country. With those few words, I thank you.
THE MINISTER OF STATE FOR MASHONALAND EAST PROVINCE (HON. MUNZVERENGWI): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 13th June, 2019
ANNOUNCEMENT BY THE HON DEPUTY PRESIDENT OF
SENATE
VISITORS IN THE PRESIDENT OF SENATE’S GALLERY
THE HON DEPUTY PRESIDENT OF SENATE: I have to
acknowledge the presence of Members of the Zimbabwe Children’s Parliament in the President of the Senate’s Gallery. You are most
welcome. [HON. MEMBERS: Hear, hear.] -
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE AFREA
CONFERENCE ON MONITORING AND EVALUATION HELD IN
ABIDJAN
Second Order read: Adjourned debate on motion on the report of the delegation to the AfrEA Conference on Monitoring and Evaluation held in Abidjan, Cote d’Ivoire.
Question again proposed.
HON. SEN. CHIEF MATHUPULA: Thank you very much Mr.
President and thank you to the House at large for the opportunity to speak on this very important motion. The motion in question was brought by Hon. Sen. Chief Nechombo and seconded by Hon. Sen. Chief Mtshane to the African Association Conference for Monitoring and Evaluation which was held in Cote d’Ivoire from the 11th to the 15th
March, 2019. Allow me also Mr. President, to welcome the Child Parliamentarians who are present in the august House today.
Monitoring and evaluation Mr. President, what is it? Let us first take it down to its most basic level. Monitoring is a continuous analysis of the steps, interventions and programmes which have been put in place to reach a particular goal; to ask ourselves how we are doing what we are doing. Let me just relate it to a school which has a feeding project. We have to ask ourselves how many children are we feeding; how much money are we taking to feed those children and how much help are we having to feed those children? Are we reaching the goal that we want to reach? So, it is a continuous monitoring of the action to achieve the goal.
What is evaluation? This is the periodic check on whether the programme is meeting its objectives. So maybe after three months, we sit down then evaluate whether we are meeting the objectives; are the children being fed and the basic goal of may be malnutrition, are there less children going to the clinic complaining about malnutrition? We usually think of monitoring and evaluation as something up there but most of us witness it in our day to day lives. I have seen it at the end of the year when most people look back at the year and they evaluate how their year has gone. You find some people putting new year’s resolutions. That is the goals for the year ahead that may be I want to stop this or I want to spend less money maybe on alcohol, smoking or whatever. That is where we go wrong. We do not monitor what we wanted to do and some by June will have dropped their goals for the year and are continuing only to realise in December that those things they used to complain about are back when they do their next evaluation.
So, on a personal level that is where we can start. What have I done or what am I doing in my life as I monitor how things are going.
Yesterday in the newspaper, I saw a musician or footballer who was very popular during his time but now he was crying saying I wish I could have someone to assist me and my family, we are in deep poverty and are bankrupt. What is that? A lack of evaluation as the person was in his heydays, lack of evaluation on his life and the impact of the afterlife when he has left the spotlight. It is not only musicians, but everyone else who lives in the spotlight, soccer stars, musicians and even us as Members of Parliament when we fail to evaluate and monitor what we are doing to add value to ourselves personally. It impacts us after we have left the offices which are so comfortable.
On a community level, what have we done? This is important for us as parliamentarians or as leaders. What can we do? Do we set goals for our communities so that time and time again, at the end of the year, we can monitor the goals that we have been given? The CDF monies and all the other monies that come through for the assistance of our communities need proper monitoring and evaluation as time goes on so that they can reach the greater community with the greatest good.
After this being said at community level, I want to come back to the conference which was held in Cote d’Ivoire because it looked at monitoring and evaluation at a national level. The conference which was held in Cote d’Ivoire spelt out the importance of having the goal which is to be reached. I am happy Mr. President, that as Zimbabwe we have a clear goal which is the vision 2030 where we are talking about achieving a middle economy by the year 2030. I am happy as well that there are goals on the side which are speaking to that.
The Transitional Stabilisation Programme (TSP) which was set up by the Minister of Finance helps us to reach our goal. These side goals help us to monitor and evaluate ourselves as we work towards the goal. The programme which was set up, TSP was also further divided into phases. The first phase is running from October, 2018 to October, 2020.
The next phase runs from 2020 to 2025, and next one from 2025 to
- At the end, these structures help us then in evaluation and monitoring as we can attack and see time and time again how we are doing as we try and reach our goals. The goals set are clear and they need everyone to come together so that the nation at large can realise something from their goals.
Political will – it was noted also in their report that we would need political will in order for us to reach our goals. Who is doing the ME?
Government needs to ask that? Are these people capacitated?
Government departments like ZIMSTAT need to be capacitated in order to reach their goals. Those at Government level, including the different ministries in charge of goals - including the seventeen (17) SDGs that need to be capacitated to understand how to monitor and ensure efficiency as we monitor our work towards our national vision.
Parliamentarians, how do they play a role in oversight, monitoring and evaluation? In the oversight role of parliamentarians Mr. President, there comes a great burden upon them for they have a great work to do in monitoring and evaluation but capacity building is needed so that they can understand the vision that the Government will have set up. Thus, as they do their oversight they can then speak to the different things which are being done and properly evaluate whether we are reaching the goal that needs to be met. So, capacity building is important at Government level, parliamentarians and even for different members of society, including the youth, women in Parliament and leadership and everyone
else.
Mr. President, I am very happy to have been given this opportunity to speak to this motion, but let me conclude with a quote by a Spanish painter Pablo Picasso. He says’ “Our goals can only be reached through the vehicle of a clear plan in which we must all fervently believe, and upon which we must vigorously act and work on. There is no other route to success.” Mr. President, I thank you.
#HON. SEN. MKHWEBU: Thank you Mr. President for giving me this opportunity to deliberate on the motion that was moved during the AfrEA Conference held in Cote d’Ivoire on the 15th March, 2019 which highlighted mainly on monitoring and evaluation. Mr. President, the monitoring and evaluation of Government’s projects in the country is very critical, taking from the discussions held during the motion. I take an example that Zimbabwe is doing a budget where it is bringing in issues that are highlighting the issue that this money is supposed to be used to build dams. The challenges are that we are not making critical follow ups on the projects.
Mr. President, it is critical to make sure that Government’s projects in the country are given the importance that they require because Ministers and Members of Parliament in these provinces need to really make follows ups to make sure that they evaluate the job that would have been carried out. It is very critical Mr. President. There are also countries that are way ahead in doing monitoring and evaluation. These include Benin, Rwanda, Uganda and South Africa. These are the countries that are way ahead in making sure that they are monitoring the projects that are implemented by the Governments of their countries.
Mr. President, when making follow up on the issue that we have a critical role especially for us as countries that are lagging behind so that we get an eye opener from this motion and make sure that we move together and do not lag behind and make sure we make follow ups on monitoring and evaluation of all the projects that will have been implemented in the country. We really want to make sure that we move together with other countries. With these few words, I thank you.
*HON. SEN. CHIMBUDZI: Thank you Mr. President for giving me the opportunity to make my contribution on this motion moved by
Hon. Sen. Chief Nechombo seconded by Hon. Sen. Chief Mtshane. The Hon Senators were giving a feedback on a conference held in Cote d’Ivoire from the 11th to the 15th March, 2019 and was attended by 36 countries. These countries made a resolution that they would work together for the sake of progress of Africa.
As families, we have school going children who graduate from primary to secondary schools, we need to evaluate the progress of our children. Where there is progress, it is okay. Where there is a problem we need to talk to the teacher or headmaster so that we look for ways of assisting this child. In some schools, learners are graded according to their capabilities such as form one green or yellow.
The conference also discussed developments in Zimbabwe such as Presidential inputs and scholarships. Such programmes need to be monitored and evaluated so that we identify genuine beneficiaries. I will give examples of counties like Rwanda, Benin and South Africa which have successfully carried out the monitoring and evaluation programme. Rwanda is a good example of progress because in the past, it was devastated by genocide but recovered to be one of the most developing countries in Africa.
Countries which include Zimbabwe, Mozambique and Malawi which were affected by the destructive Cyclone Idai should hold conferences where they share ideas on their experiences. They should also set up contingency plans to deal with such inclement weather. People in targeted areas should receive early warning signs and where possible moved to safer areas.
Zimbabwe should also move with the times especially in budgeting where Parliament should be given sufficient funds to enable members to attend such developmental and constructive conferences which will benefit the country. I thank you.
*HON. SEN. MUZENDA: Thank you for giving me the opportunity to make my contribution on the importance of monitoring and evaluation of our projects at district level, provincial level and national level. When I read this motion, I concluded that these progressive countries which include South Africa and Rwanda do not entertain corruption. It is important that projects are monitored right from the beginning. At the moment, Zimbabwe is faced with starvation and Government is distributing food. This exercise should be implemented by officers who are trustworthy and honest; the countries that I have mentioned, South Africa and Rwanda do not entertain corruption.
People believe that their country is more important than individuals; this is in contrast to Zimbabwe where we have selfish drivers on our roads that is when you start realising that we have lost our morals. If you give others the duty to follow up, looking at how we are doing our work, that is very difficult. It is also important to have evaluation of our project after a certain period; for example, three months to see whether we have achieved what we have agreed to do. If the results are not what was expected, we should look at the reasons why the project did not go well. If we have these checks and balances in place, it will help us as we go.
I also hope that when we visit these other countries and we gain some knowledge, we should implement what we have observed in other countries. We also hope that fellow parliamentarians will critically analyse the information which has been gathered by the visiting delegation. Travelling is expensive, as a result we need to implement what we will have learnt in other countries, otherwise we will be wasting resources, if we just travel to other countries and shelve the knowledge gathered.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr.
President. I want to make my contribution on the motion raised by Hon.
Sen. Chief Nechombo, seconded by Hon. Sen. Chief Mtshane. The issue of monitoring and evaluation has been defined by previous speakers and is a very important subject. Monitoring and evaluation means we have to assess the progress on developmental projects or any assignment we are undertaking. Are we using our resources wisely for the benefit of the nation? We have some people who are very industrious and work hard in their fields in agriculture. Surprisingly, they only harvest just about two bags in a very big field. Such a scenario shows that it is very necessary to make a monitoring and evaluation exercise to check why there is such a low harvest for such hardworking farmers. Are you getting return on investment? In my Constituency in Charumbira, some seven years ago, there was a certain small bridge where we had some contractor who came and amassed building material on site. People were happy because they thought they would be employed on the construction project. We asked these workers to identify the contractor, they did not know. All they knew was that it was a man from Harare. What is obtaining at the moment is that this is an on and off project which is never completed. It is a very small bridge which I may compare to this table which is before us where we place our Mace. There is no progress in such projects because there is no monitoring and evaluation. The problem with such a scenario is that such a bridge, which was supposed to be completed in three years and was supposed to cost $50 thousand to $60 thousand, ended up costing $2 million.
I will also talk about roads which are poorly constructed in our constituencies where two km are constructed per year because there is no monitoring and evaluation. At one time, Government wanted to construct tollgates in the various areas in the country. In Masvingo, building material was put at a selected site but there was no progress on the construction site. As a result, there was a fatal accident on that site and the tollgate was never constructed at that place. Building material including bricks stayed on that site for close to two years. There was no monitoring and evaluation.
I will give another example regarding the National Budget which was put at $4 billion and was passed by Parliament. To date, nobody can tell you how that budget has been implemented because there is no monitoring and evaluation. Members of Parliament who passed that budget do not make a monitoring and evaluation process on the budget. My advice is when the Budget has been passed by Parliament, it should be monitored and evaluated, checking on the stated projects which were meant to be done by that budget. I am glad the Minister of State for Manicaland is here where there have been so many contributions towards the destruction caused by Cyclone Idai. A monitoring and evaluation exercise should be undertaken to check on whether the projects such as construction of schools, roads and houses have been done following the pledges made. We should also monitor whether the said pledges were fulfilled or they were just empty promises.
In the case of schools, we should check whether they were constructed and the learners who were to be sponsored were really sponsored. We may notice that the beneficiaries only benefited from the initial funds such as when they were in Form 3 but could not be funded for Form 4.
Monitoring and Evaluation is very essential. Even in our own daily lives we need to evaluate and monitor our progress. Staff members of Parliament with institutional memory may remember that we had value for money audits in the past. This is an equivalent of monitoring and evaluation. When a budget has been passed, there should be follow up on its implementation so that we have value for money audit. People do not just talk of spending money on a particular project but it has to be stated how much money was used and for what purpose. It is not acceptable that people talk about construction of clinics, roads and schools without mentioning the amount used. We need itemised billing. In some instances, construction of a clinic is completed but 20 years elapse before the clinic is put to use. So resources were wasted because there will be no nurses and no drugs.
On Monday, I went to a funeral in Binga at the Chief’s residence. We passed through a Bulawayo irrigation project where there are five very long centre pivots but there is nothing on the ground. Irrigation pipes were once erected but they became rusty and rotten because they were not used. That is where value for money audit should be done. Are the deployed resources bringing out any output production that is expected? We even highlighted that we will inform the responsible authority.
Parliament is doing monitoring and evaluation on CDF where 50 000 or 80 000 is allocated to provinces. When this process was done, for example we found out that one Member of Parliament had transferred the money to his eco-cash account. He passed away and no one knew the pin code to this account. There was no project on the ground. About five Members had not done anything but the money had been disbursed.
As Parliament, are we monitoring the budget that we approve in ministries to see if the money is being used accordingly?
I will now speak about devolution. Who monitors and evaluates? Devolution is good because people on the ground will be responsible. Members of all the political parties are supporting devolution hence the topic is good. The Minister of Local Government and National Housing – Hon. July Moyo has been going around Masvingo advocating for devolution. Everyone is supporting this and the Ministry is pushing the programme. People will be more responsible and accountable in accomplishing their projects. There will be total empowerment since all aspects will be on finger tips.
The onus of monitoring and evaluation is for Parliament because Parliament plays the oversight role according to the Constitution. As we debate this motion, we should know that this is bestowed on you because you evaluate the whole public sector in terms of projects. We have to ask ourselves if we are being effective on Government programmes so that our nation will develop. As parliamentarians, we should play our oversight role seriously.
Lastly, the debate that we are engaging on should be monitored and evaluated. What are they bringing? Are we just debating and there is nothing that comes out in the end or are we just sitting to add numbers. Who is going to hear what I am debating? According to the rules, after we have debated, the Minister responsible should come and respond to the motion and inform us what he is going to do about it. Is there someone who makes a follow up of our debates? I thank you.
HON. SEN. CHIEF NECHOMBO: I move that the debate do now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 13th June, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human Rights Commission Annual Report.
Question again proposed.
*HON. SEN. CHIMBUDZI: Thank you Mr. President. I want to support this motion which was brought by Hon. Sen. Chidawu and his seconder. I want to refer to Section 4.4 where he says promotion of human rights. Before I get there, when I think of rights...
THE HON. DEPUTY PRESIDENT OF SENATE: Order, I am
advised that the Hon. Sen. debated on this motion.
HON. SEN. CHIMBUDZI: I did not debate.
THE HON. DEPUTY PRESIDENT OF SENATE: I am told
that the Hon. Sen. debated on the 13th of February this year.
HON. SEN. CHIMBUDZI: Thank you Mr. President.
THE MINISTER OF STATE FOR MASHONALAND EAST
PROVINCE (HON. SEN. MUNZVERENGWI): I move that the
debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 13th June, 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMNETARY FORUM
Fourth Order read: Adjourned debate on motion on the Report of the delegation to the 44th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 13th June, 2019.
On the motion of THE MINISTER OF STATE FOR MASHONALAND EAST PROVINCE (HON. SEN.
MUNZVERENGWI), the House adjourned at Twenty-Five Minutes to
Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday 29th May, 2019
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)
ZIMBABWE WOMEN’S PARLIAMENTARIANS CAUCUS
MEETING
THE HON. PRESIDENT OF SENATE: I wish to inform the
Senate that all female parliamentarians are requested to attend the Zimbabwe Women Parliamentary Caucus meeting scheduled for tomorrow Thursday, 30th May, 2019 at 0845 hours in the Government Caucus Room.
SECOND READING
COMPANIES AND OTHER BUSINESS ENTITIES BILL [H. B. 8A,
2018]
Second Order read: Adjourned debate on Second Reading of the
Companies and Other Business Entities Bill [H. B. 8A, 2018].
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I move that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave forthwith.
COMMITTEE STAGE
COMPANIES AND OTHER BUSINESS ENTITIES Bill [H. B. 8A,
2018]
House in Committee.
Clauses 1 to 194 put and agreed to.
On Clause 195;
HON. B. MPOFU: I wanted to ask on Clause 195, for private companies. I see that there is no limit of directors for private companies with more than 10 shareholders but for public companies there is a limit of up to 15 directors. Is there any reason if that is the case? Secondly, Clause 195 (iii) says that the Chief Executive Officer cannot be a Chairperson of the board. I have seen executive chairpersons, how does that relate?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon.
Chair. I think there is no restriction on private companies but you appreciate that public companies have to do with accountability, so you need to ensure that it is controlled. If you open it up there may be abuse. So, it is neater and it gives more clarity in terms of public companies to ensure that you limit the number of directors as opposed to ensuring that there are many.
Your second question was on executive chairpersons, that is poor practice. We need to separate the two and that is the reason why this legislation is going to do away with that in terms of having one person having two roles and we think accountability will not come out appropriately in that regard. I thank you.
HON. SEN. B. MPOFU: I agree with the Hon. Minister and thank
you for the clarification especially on the executive. It is not explicit. It is explicit on the chief executive officer not being the chairperson but we see many executive chairpersons who then act as executive directors as well. Maybe that could have been more explicit in the legislation. I thank you.
HON. ZIYAMBI: Thank you very much, I think the way it is couched it is going to take care of that when it says, chief executive officer and executive director. I think when you are an executive director you are more or less like a CEO. That is what is being addressed here, to say that if you are a CEO or a director who becomes a CEO you are now termed an executive director. That is the mischief that we are trying to cure to ensure that there is balance and there is no abuse. I thank you.
Clause 195 put and agreed to.
Clauses 196 to 304 put and agreed to.
Schedule 1to Schedule 5 of Section 9, put and agreed to.
Schedule 6 of Section 18, put and agreed to.
Schedules 7 to 10 put and agreed to.
Bill reported without amendments.
Third Reading: With leave, forthwith
THIRD READING
COMPANIES AND OTHER BUSINESS ENTITIES BILL [H. B. 8A,
2018]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, I
now move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
HON. SEN. CHIEF MTSHANE KHUMALO: I move the
motion standing in my name that this House takes note of the Report of the Speaker of the National Assembly Hon. Adv. J. F. Mudenda’s Bilateral Visit to the Shura Advisory Council, Doha, Qatar, 30th March to 4th April, 2019.
HON. SEN. MUZENDA: I second.
HON. SEN. CHIEF MTSHANE KHUMALO: Thank you Mr.
President for giving me this opportunity to present the report on the
Report on the Speaker’s Bilateral visit to Qatar. Please allow me to say something. I just want to say I was humbled to join the team led by the Hon. Speaker. I know that it is not easy to join a team led by the Hon. Speaker for reasons that other people can tell you; either positive or negatively. I think he is very passionate on time and doing the job properly. If you do that, you would love to join him but if you are not committed to time and not committed to work, I think you better not join him.
Mr. President Sir, in tandem with Zimbabwe’s re-engagement efforts led by His Excellency the President E. D. Mnangagwa and in pursuit of Parliamentary diplomacy, the Speaker of the National Assembly, Hon. Advocate Jacob Francis Mudenda, led a delegation on a bilateral visit to the Shura Advisory Council of Qatar from 30th March to 4th April 2019. The visit was timed to coincide with the onset of the 140th Inter-Parliamentary Union (IPU) Assembly hosted in Doha, Qatar, from Friday 5th to Wednesday 10th April 2019.
1.1 Background to the Bilateral Visit
The Speaker of the National Assembly, Hon. Advocate J. F. Mudenda, has embarked on a complementary diplomatic charm offensive aimed at strengthening bilateral relations with Parliaments in
Africa and beyond in line with the Second Republic’s operative mantra, “Zimbabwe Is Open For Business.” Pursuant to this, the Hon. Speaker had occasion, during the 139th IPU Assembly held in Geneva, Switzerland, to meet with the Speaker of the Qatar Shura Advisory
Council, His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud.
The meeting revealed several areas of mutual interest between Qatar and Zimbabwe. His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud had extended an invitation to Hon. Speaker Advocate Mudenda to visit Qatar in his capacity as the Speaker of the National Assembly of the
Parliament of Zimbabwe and as the Chairperson of the Africa GeoPolitical Group at the IPU. The bilateral visit, therefore, was a concretization of that invitation compelled by the following objectives:
- To strengthen bilateral relations between the Qatar Shura Advisory
Council and the Parliament of Zimbabwe;
- To explore areas of mutual interest and engagement between the Qatar Shura Advisory Council and the Parliament of Zimbabwe;
- To discuss areas of co-operation between African Parliaments and the Shura Council;
The delegation, led by the Hon. Speaker, comprised the following designated Members of the IPU and officials:
- Senator Chief Mtshane-Khumalo, Deputy President of the
National Council of Chiefs;
- Senator Tsitsi. V. Muzenda;
- Kennedy M. Chokuda, Clerk of Parliament;
- Martha Mushandinga, Principal Executive Assistant to the
Speaker;
- Clive Mukushwa, Security Aide to the Speaker; and,
- Ndamuka Marimo, Director in the Clerk’s Office
Hon. Tinoda Machakarika, a Member of the National Assembly and Parliament of Zimbabwe’s representative on the Forum of Young Parliamentarians at the IPU, failed to travel as he was still recovering from an operation. On the Qatari side, the meeting was attended by Hon. Mohamed bin Ali al-Hanzab, Member of the Shura Advisory Council and the Chairman of the Qatar-Africa Parliamentary Friendship
Association and three other Members of the Association as well as the
Secretary General of the Shura Advisory Council, Mr Fahd bin
Mubarak al-Khayareen.
- Meeting Between Hon Speaker Advocate J. F. Mudenda and His Excellency, Ahmed Bin Abdullah Bin Zaid Al-
Mahmoud
- Introductory Remarks
The meeting between the two Hon. Speakers was held at the
White Palace in the bustling city of Doha, Qatar, on Tuesday 2nd April
- The White Palace houses the Shura Advisory Council, that is, the Parliament of Qatar as well as the administrative offices of the Ministry of Health. His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud, extended a warm and fraternal welcome to Hon. Speaker Mudenda and his delegation. He expressed his appreciation for the Parliament of
Zimbabwe’s support for Qatar in hosting the 140th IPU Assembly. The host Speaker informed his guest that a record attendees would grace the 140th IPU Assembly. In the interests of Parliamentary diplomacy, His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud, undertook to reciprocate the visit in the near future. He also highlighted his passion for peace and development in Africa by chronicling the work he had undertaken in facilitating the peaceful resolution of the Darfur crisis and helping to rebuild that country in the aftermath of the crisis.
An enthralling revelation from the Hon. Speaker’s introductory remarks was the invention of a micro-chip to be inserted in the brain, from which human beings could download any information they required without having to pore over the pages of books or the internet. While the Hon Speaker of Qatar expressed excitement over this recent invention, he also cautioned on its implications with respect to the redundancy of some professions such as teaching and lecturing. That notwithstanding, the invention underlined the strides that the world was making through technological advancement and the necessity of investing in research and technology to spur national development through digitalisation of education.
2.2 Brief on the Shura Advisory Council
The Hon. Speaker of the Shura Advisory Council briefed the meeting on the composition, roles and functions of the Shura Advisory
Council. He highlighted the following:
- The Shura Advisory Council is a unicameral legislative assembly with 45 Members of Parliament comprising 30 Members elected through universal suffrage and 15 appointed by His Excellency, the
Emir of the State of Qatar, Sheikh Tamim bin Hammad al Thani;
- The Legislature is empowered by the Constitution to:
- Approve the national budget; Monitor the performance of Ministers; and, iii. Draft, debate, and vote on proposed legislation, which only becomes law by an affirmative vote of two-thirds of the total Membership of the Shura Advisory Council and upon assent by the Emir.
- These constitutional obligations are carried out by the Shura
Advisory Council through five Portfolio Committees, namely,
- Legal and Legislative Affairs Committee ii.Financial and Economic Affairs Committee iii. Internal and External Affairs Committee iv. Committee on Public Services and Utilities; and,
- Cultural and Media Affairs Committee.
The Council may also form other permanent or ad-hoc committees as and when necessary. Furthermore, the delegation was advised that the work of these Committees is bolstered by the engagement of technocrats with expertise in various fields from within and outside Parliament, and in particular from various universities, including foreign universities with fully-fledged campuses in Qatar. These reputable institutions of higher learning include, among others, the Qatar University, Cornell
University, Georgetown University, The Canergie Institute, North-
Western University, and North-Atlantic University.
Of interest to note from the Hon. Speaker’s presentation was that the people of Qatar had expressed their collective desire to do away with elections and move towards appointment of people’s representatives on merit. The tacit agreement among the generality of Qataris was that, once a Member of Parliament was elected, quite often the MP focused on self-aggrandizement at the expense of serving the people. To that end, public opinion had swayed towards meritocracy rather than holding democratic elections.
It was apparent that the roles and functions of the Shura Advisory Council, notwithstanding their small numbers, conform to the three universally recognised roles of Parliaments, namely, legislation, oversight and representation. The Shura Advisory Council has also played an active role in national economic development particularly in the wake of the illegal economic blockade imposed on Qatar by her sister Arab States.
2.3 Role of the Shura Advisory Council in Economic
Development in the Face of Sanctions
The Hon. Speaker of the Shura Advisory Council chronicled the history of the illegal sanctions imposed on Qatar by her Arab and Gulf neighbours, particularly Saudi Arabia, United Arab Emirates, Egypt,
Bahrain, the Maldives, Comoros, Senegal, Djibouti and Jordan in June
- In the Hon. Speaker’s opinion, Qatar had differed with her neighbours on a matter of principle which would have undermined her sovereign right to make decisions for the greater good of the people of
Qatar. The Saudi-led coalition had proceeded to sever diplomatic relations with Qatar, expel Qatari diplomats from its countries, and ban Qatari airplanes and ships from entering its airspace and sea routes respectively while Saudi Arabia blocked the only land crossing into Qatar. Qatar could equally have reciprocated the embargo. However, it did not retaliate cognizant of the immeasurable suffering this would bring to the over 300 000 Egyptian nationals living in Qatar as well as the people of UAE who depended heavily on Qatari liquefied gas.
Far from decrying the negative effects of the illegal blockade, the Hon. Speaker welcomed the sanctions for inspiring inward-looking innovation and inventiveness among the Qataris. In a compelling rendition that confirmed the time-honoured adage that says “necessity is the mother of invention,” the Hon. Speaker indicated that prior to the illegal blockade, Qatar had been importing all but 1% of her agricultural products. However, in the aftermath of the blockade, the country had embarked on a massive production drive led by His Excellency, the Emir, which had culminated in the country reaching a commendable level of agricultural self-sufficiency. In fact, Qatar had already started exporting milk and was set to export its first farming produce beginning that year. The country had also invested heavily in industrialization resulting in the growth of numerous industries, among them steelproducing conglomerates. It was a measure of the country’s resilience and refusal to break under the weight of the illegal economic sanctions. Consequently, it had steadily grown to be one of the leading economies in the region.
The Hon. Speaker affirmed the central role that the Shura Advisory Council had played in mitigating the effects of the sanctions within the remit of its constitutional obligations. The Shura Advisory Council had adopted His Excellency, the Emir’s vision to look inward for solutions to the challenges posed by the illegal sanctions and expeditiously passed legislation that improved the ease of doing business in Qatar and facilitated domestic investment. The Shura Advisory Council had also used its control of the purse to allocate adequate resources towards manufacturing and agricultural production, both of which spurred the growth of the Qatari economy.
The Legislature had also taken the Minister of Finance to task regarding the sanctions busting strategy and the post-sanctions strategy for the country. Pursuant to this, the Minister had been summoned to Parliament to present the sanctions-busting strategy and the postsanctions plan to the House. This ensured Qatar’s preparedness to embrace a shared vision in overcoming the sanctions as well as an assured developmental trajectory post-sanctions that every Qatari could identify with.
However, what was also clear from the Hon. Speaker’s rendition
was that the success enjoyed by Qatar in fostering self-reliance in countering the effects of the illegal sanctions, was premised primarily on the unity of the people of Qatar in driving the inward-looking vision espoused by His Excellency, the Emir, as well as in speaking with one patriotic voice in support of the country’s principled stand against the Saudi-led coalition. The lesson is thus very clear for Zimbabwe which has been a victim of illegal economic sanctions for over 20 years and yet continues to be riddled with discordant voices in the call to end the illegal sanctions.
2.4 Relations between Qatar and African countries
The Hon. Speaker of Qatar acknowledged the cordial relations that existed between Qatar and Africa which had inspired the establishment of a Qatar-Africa Parliamentary Friendship Association chaired by Hon. Mohamed bin Ali al-Hanzab. Through the Qatar-Africa Parliamentary Friendship Association and in liaison with the United Nations, Qatar has been able to provide philanthropic support to:
- Human capital development through the provision of scholarships towards the education of one (1) million girls in Africa. Qatar was targeting to enhance support to the girl child in Africa by increasing the quantum of scholarships to five (5) million.
- Infrastructure development, including the construction of roads, schools and health facilities through the Qatar Investment Bank.
- Humanitarian aid for countries in need through the Red Cross and
Red Crescent Society.
The Hon. Speaker of the Shura Council was at pains to emphasise that the assistance rendered to African countries by Qatar had no strings attached but was premised on ensuring that everyone lives in dignity and peace. Pursuant to this, he revealed that the theme for the 140th
Assembly of the IPU ‘Parliaments as platforms to enhance education for peace, security and the rule of law” had been deliberately chosen to bring the spotlight on the need to support education in Africa and garner financial and material support for the same. He stressed the fact that without education there is no development and without development there is no peace. Accordingly, the Shura Advisory Council intended to leverage on the 140th IPU Assembly to spread the message that Parliamentary diplomacy is necessary in helping the disadvantaged and disenfranchised. To that end, the Hon Speaker of the Shura Advisory
Council expressed Qatar’s willingness to strengthen bilateral relations with Zimbabwe and invited the Parliament of Zimbabwe to join the
Qatar-Africa Parliamentary Friendship Association.
In response, the Speaker of the National Assembly, Hon. Advocate
- F. Mudenda, expressed his appreciation and that of the Africa
Geopolitical Group for Qatar’s unconditional support to human capital development on the African continent. He informed his Qatari counterpart that the African education system in general and
Zimbabwe’s education system in particular was gradually moving towards a focus on Science, Technology, Engineering and Mathematics (STEM) in a bid to enhance research and technological development. However, the major hindrance remained that of inadequate funding for the construction and equipping of laboratories to enable students to pursue science subjects. Related to this was the need to electrify schools in the hinterland so as to provide internet services that would allow students in the rural areas to compete on an equal footing with their urban counterparts as the world moves unrelentingly towards the digital economy.
With respect to Qatar’s humanitarian aid initiatives, Hon. Advocate
Mudenda briefed the meeting that Zimbabwe was in dire need of assistance in the aftermath of Cyclone Idai which had displaced over 120 000 people and claimed over 200 casualties to date. He acknowledged the assistance rendered by countries in the region and beyond in terms of food aid, medical aid, and infrastructural reconstruction efforts. He also expressed optimism that with this benevolent assistance Zimbabwe would be able to rebuild and recover from the horrendous effects of the natural disaster.
In relation to Qatar’s investment drive in Africa, Hon. Advocate Mudenda reiterated His Excellency, President Mnangagwa’s clarion call that “Zimbabwe Is Open For Business” and assured the meeting that Zimbabwe is generally a peaceful country that is conducive for investment. He indicated that investment opportunities abounded in mining, agriculture, tourism, infrastructure development and even in liquefied gas, which Qatar was a leading producer of, following the discovery of gas deposits in Muzarabani. He undertook to ensure that
Zimbabwe joins and actively participates in the Qatar-Africa
Parliamentary Friendship Association.
The Hon. Speaker commended the Shura Advisory Council, the government and people of Qatar for uniting in the face of the illegal economic blockade and using their own initiative and resources to overcome the sanctions. He indicated that Zimbabwe, which has similarly been under illegal sanctions for more than a decade, must draw lessons from the experience of Qatar and find home-grown solutions to overcoming the effects of the illegal sanctions. The Hon. Speaker pledged Parliament of Zimbabwe’s unwavering support for the theme of the 140th IPU Assembly and the intentions of the Shura Advisory Council to elicit support for human capital development in Africa and other needy countries.
In turn, His Excellency, Speaker Ahmed bin Abdullah bin Zaid al-
Mahmoud, noted Hon. Mudenda’s responses and promised to engage the government of Qatar to extend relief aid to Zimbabwe for those affected by Cyclone Idai through the Red Cross and Red Crescent Society. He also undertook to actively pursue the issue of investment in the liquefied gas production in Zimbabwe. The Hon. Speaker of Qatar further expressed his desire to create strong trade and tourism linkages with Zimbabwe and undertook to engage the government to link Zimbabwe and Victoria Falls via Qatar Airways direct flights.
3.0 Update on Preparations for the 140th IPU Assembly
His Excellency, Speaker Ahmed bin Abdullah bin Zaid al-
Mahmoud reiterated Qatar’s gratitude for the support to the 140th IPU Assembly by the Parliament of Zimbabwe. He indicated that an unprecedented 2 217 participants had confirmed their attendance comprising 147 Member Parliaments, 80 Speakers and 65 Deputy Speakers. This was much more than the anticipated number of 1 500 participants. The Hon. Speaker underlined Qatar’s readiness to host the 140th IPU Assembly and push for support to human capital development in Africa.
4.0 Conclusion and Recommendations
In the final analysis, the Hon. Speaker’s bilateral visit to Qatar was invaluable and timely in consolidating bilateral relations and mutually beneficial co-operation between the Shura Advisory Council and the Parliament of Zimbabwe and, hopefully, between the governments of Qatar and Zimbabwe. It must be noted that:
- The Qatar-Africa Parliamentary Friendship Association provides a unique platform for the two Parliaments to enhance co-operation for the mutual benefit of the two institutions and the citizens of Zimbabwe particularly the girl child, through the scholarships offered by Qatar. Parliament of Zimbabwe, through its IPU delegates must actively pursue membership of the Association.
- The Zimbabwean Ambassador to Kuwait who also covers Qatar, Ambassador C. Marongwe, must be obligated, as part of economic diplomacy, to engage the Qatari authorities without delay and market Zimbabwe as a safe investment destination to lure investment in liquefied gas production, mining, agriculture, tourism and infrastructure development.
- The Zimbabwean Embassy in conjunction with the Ministry of
Primary and Secondary Education as well as Higher and Tertiary
Education must follow up with the Qatari authorities on how
Zimbabwe can access the scholarships that Qatar has availed to the girl child in Africa. The potential for the expansion of the scholarships to five (5) million provides an opportunity for
Zimbabwe to tap into and benefit from the scholarships.
- Parliament of Zimbabwe, through the office of the Hon. Speaker, must also expeditiously follow up on the undertaking by His
Excellency, Speaker Ahmed bin Abdullah bin Zaid al-Mahmoud .to engage the government of Qatar to provide relief to the victims of Cyclone Idai through the Red Cross and Red Crescent Society.
- The Ministry of Transport and Infrastructure Development must engage their Qatari counterparts, through the office of the Hon. Speaker, to explore the possibility of establishing direct flights between Zimbabwe and Qatar which will enhance trade, tourism and investment.
HON. SEN. MUZENDA: Thank you Mr. President. I also want to
add to what Hon. Sen. Chief Mtshane has highlighted on the visit to
Doha, Qatar. Firstly, let me also say it was quite an eye opener in that
Doha is a city which is built on a desert but it is very smart. They indicated to us that for example, one of their hotels which is similar to our Rainbow Hotel called ‘The Sheraton’ built in 1979 is really spectacular. I kept on comparing it to our Rainbow Hotel.
Let me go to the details of some of the highlights I want to indicate. Although the Qatarians had been imposed with sanctions from the Arab States, they did not lament. They looked inwards to say, how are we going to go forward. I suppose their culture is of resilience because they managed to identify expertise within their country and to date, they have become a power house. They did not retaliate when they were imposed with sanctions. They could have chased away the many Egyptians who are in the country and other surroundings but they did not do that because their motto is that all humanity should be treated equally and they told us that they did not want to retaliate because of their belief.
The other highlight I want to indicate as alluded to by the mover of the motion is that the Shura Advisory Council which should be equivalent to our Parliament does not only elect their Members but they look at everybody who has expertise from university, business, NGOs and so forth. Maybe that is why they are doing very well in their administration. They also indicated that their unity makes them go forward in the difficult circumstances. Thus, I think really as
Zimbabweans, it teaches us that we have to have a vision of togetherness irrespective of where we come from. I think that is one thing we learnt from the Qataris.
The relationship between Qatar and Africa is very good. I think we have not, as Zimbabwe, tapped into some of the advantages we can use. For example, we had Chief Khumalo indicating that to date they are sponsoring more than 1 million girl children in education. So, I was wondering - of course the speaker then indicated that he was going to look into that because in a very short period they will be sponsoring more than five million girl children in the whole of Africa, particularly also looking at what we are emphasising about STEM. Therefore I think as a country, it would be very good if we were part of that offer.
The other point we would want to indicate is that they are very passionate about human capital development through the provision, of course of this scholarship, also infrastructure particularly in schools and health. They were also sympathetic to our Cyclone Idai and they had indicated that once proper papers are given to their Government, they were readily going to be able to help us through their Red Cross, similar to what the United Arab Emirates had done to this country.
Mr. President Sir, may I maybe to conclude, indicate that we also can use them since we know Qatar is a desert. Our mantra of saying Zimbabwe is open for business; they virtually import everything - peas, carrots, any vegetable and meat. Therefore, since Qatar Airways now travels to Victoria Falls, I think again in the tourism and agricultural sectors we can make inroads in that country. May I, on that note, say we should be serious about joining the Qatar Africa Parliamentary Friendship Association, particularly as Zimbabwe so that we tap into their offer and kindness. Thank you very much Mr. President Sir.
HON. SEN. CHIEF MTSHANE KHUMALO: I move that the
debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 29th May, 2019.
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
LAUNCH OF THE PROCUREMENT REGULATORY AUTHORITY
OF ZIMBABWE
THE HON. DEPUTY PRESIDENT OF SENATE: There is a
function which was supposed to be held today and I am told Hon. Senators have got cards in their pigeon holes. It has been postponed and it is now going to be held tomorrow. The time and venue remain the same. This is the occasion of the official launch of the Procurement
Regulatory Authority of Zimbabwe.
On the motion of HON. SEN. MUZENDA seconded by HON. SEN. MOHADI, the Senate adjourned at Twenty Two Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday 29th May, 2019
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)
ZIMBABWE WOMEN’S PARLIAMENTARIANS CAUCUS
MEETING
THE HON. PRESIDENT OF SENATE: I wish to inform the
Senate that all female parliamentarians are requested to attend the Zimbabwe Women Parliamentary Caucus meeting scheduled for tomorrow Thursday, 30th May, 2019 at 0845 hours in the Government Caucus Room.
SECOND READING
COMPANIES AND OTHER BUSINESS ENTITIES BILL [H. B. 8A,
2018]
Second Order read: Adjourned debate on Second Reading of the
Companies and Other Business Entities Bill [H. B. 8A, 2018].
Question again proposed.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I move that the Bill be read a second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: With leave forthwith.
COMMITTEE STAGE
COMPANIES AND OTHER BUSINESS ENTITIES Bill [H. B. 8A,
2018]
House in Committee.
Clauses 1 to 194 put and agreed to.
On Clause 195;
HON. B. MPOFU: I wanted to ask on Clause 195, for private companies. I see that there is no limit of directors for private companies with more than 10 shareholders but for public companies there is a limit of up to 15 directors. Is there any reason if that is the case? Secondly, Clause 195 (iii) says that the Chief Executive Officer cannot be a Chairperson of the board. I have seen executive chairpersons, how does that relate?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon.
Chair. I think there is no restriction on private companies but you appreciate that public companies have to do with accountability, so you need to ensure that it is controlled. If you open it up there may be abuse. So, it is neater and it gives more clarity in terms of public companies to ensure that you limit the number of directors as opposed to ensuring that there are many.
Your second question was on executive chairpersons, that is poor practice. We need to separate the two and that is the reason why this legislation is going to do away with that in terms of having one person having two roles and we think accountability will not come out appropriately in that regard. I thank you.
HON. SEN. B. MPOFU: I agree with the Hon. Minister and thank
you for the clarification especially on the executive. It is not explicit. It is explicit on the chief executive officer not being the chairperson but we see many executive chairpersons who then act as executive directors as well. Maybe that could have been more explicit in the legislation. I thank you.
HON. ZIYAMBI: Thank you very much, I think the way it is couched it is going to take care of that when it says, chief executive officer and executive director. I think when you are an executive director you are more or less like a CEO. That is what is being addressed here, to say that if you are a CEO or a director who becomes a CEO you are now termed an executive director. That is the mischief that we are trying to cure to ensure that there is balance and there is no abuse. I thank you.
Clause 195 put and agreed to.
Clauses 196 to 304 put and agreed to.
Schedule 1to Schedule 5 of Section 9, put and agreed to.
Schedule 6 of Section 18, put and agreed to.
Schedules 7 to 10 put and agreed to.
Bill reported without amendments.
Third Reading: With leave, forthwith
THIRD READING
COMPANIES AND OTHER BUSINESS ENTITIES BILL [H. B. 8A,
2018]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, I
now move that the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
MOTION
REPORT OF THE SPEAKER OF THE NATIONAL ASSEMBLY’S
BILATERAL VISIT TO THE SHURA ADVISORY COUNCIL IN
DOHA
HON. SEN. CHIEF MTSHANE KHUMALO: I move the
motion standing in my name that this House takes note of the Report of the Speaker of the National Assembly Hon. Adv. J. F. Mudenda’s Bilateral Visit to the Shura Advisory Council, Doha, Qatar, 30th March to 4th April, 2019.
HON. SEN. MUZENDA: I second.
HON. SEN. CHIEF MTSHANE KHUMALO: Thank you Mr.
President for giving me this opportunity to present the report on the
Report on the Speaker’s Bilateral visit to Qatar. Please allow me to say something. I just want to say I was humbled to join the team led by the Hon. Speaker. I know that it is not easy to join a team led by the Hon. Speaker for reasons that other people can tell you; either positive or negatively. I think he is very passionate on time and doing the job properly. If you do that, you would love to join him but if you are not committed to time and not committed to work, I think you better not join him.
Mr. President Sir, in tandem with Zimbabwe’s re-engagement efforts led by His Excellency the President E. D. Mnangagwa and in pursuit of Parliamentary diplomacy, the Speaker of the National Assembly, Hon. Advocate Jacob Francis Mudenda, led a delegation on a bilateral visit to the Shura Advisory Council of Qatar from 30th March to 4th April 2019. The visit was timed to coincide with the onset of the 140th Inter-Parliamentary Union (IPU) Assembly hosted in Doha, Qatar, from Friday 5th to Wednesday 10th April 2019.
1.1 Background to the Bilateral Visit
The Speaker of the National Assembly, Hon. Advocate J. F. Mudenda, has embarked on a complementary diplomatic charm offensive aimed at strengthening bilateral relations with Parliaments in
Africa and beyond in line with the Second Republic’s operative mantra, “Zimbabwe Is Open For Business.” Pursuant to this, the Hon. Speaker had occasion, during the 139th IPU Assembly held in Geneva, Switzerland, to meet with the Speaker of the Qatar Shura Advisory
Council, His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud.
The meeting revealed several areas of mutual interest between Qatar and Zimbabwe. His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud had extended an invitation to Hon. Speaker Advocate Mudenda to visit Qatar in his capacity as the Speaker of the National Assembly of the
Parliament of Zimbabwe and as the Chairperson of the Africa GeoPolitical Group at the IPU. The bilateral visit, therefore, was a concretization of that invitation compelled by the following objectives:
- To strengthen bilateral relations between the Qatar Shura Advisory
Council and the Parliament of Zimbabwe;
- To explore areas of mutual interest and engagement between the Qatar Shura Advisory Council and the Parliament of Zimbabwe;
- To discuss areas of co-operation between African Parliaments and the Shura Council;
The delegation, led by the Hon. Speaker, comprised the following designated Members of the IPU and officials:
- Senator Chief Mtshane-Khumalo, Deputy President of the
National Council of Chiefs;
- Senator Tsitsi. V. Muzenda;
- Kennedy M. Chokuda, Clerk of Parliament;
- Martha Mushandinga, Principal Executive Assistant to the
Speaker;
- Clive Mukushwa, Security Aide to the Speaker; and,
- Ndamuka Marimo, Director in the Clerk’s Office
Hon. Tinoda Machakarika, a Member of the National Assembly and Parliament of Zimbabwe’s representative on the Forum of Young Parliamentarians at the IPU, failed to travel as he was still recovering from an operation. On the Qatari side, the meeting was attended by Hon. Mohamed bin Ali al-Hanzab, Member of the Shura Advisory Council and the Chairman of the Qatar-Africa Parliamentary Friendship
Association and three other Members of the Association as well as the
Secretary General of the Shura Advisory Council, Mr Fahd bin
Mubarak al-Khayareen.
- Meeting Between Hon Speaker Advocate J. F. Mudenda and His Excellency, Ahmed Bin Abdullah Bin Zaid Al-
Mahmoud
- Introductory Remarks
The meeting between the two Hon. Speakers was held at the
White Palace in the bustling city of Doha, Qatar, on Tuesday 2nd April
- The White Palace houses the Shura Advisory Council, that is, the Parliament of Qatar as well as the administrative offices of the Ministry of Health. His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud, extended a warm and fraternal welcome to Hon. Speaker Mudenda and his delegation. He expressed his appreciation for the Parliament of
Zimbabwe’s support for Qatar in hosting the 140th IPU Assembly. The host Speaker informed his guest that a record attendees would grace the 140th IPU Assembly. In the interests of Parliamentary diplomacy, His Excellency, Ahmed bin Abdullah bin Zaid al-Mahmoud, undertook to reciprocate the visit in the near future. He also highlighted his passion for peace and development in Africa by chronicling the work he had undertaken in facilitating the peaceful resolution of the Darfur crisis and helping to rebuild that country in the aftermath of the crisis.
An enthralling revelation from the Hon. Speaker’s introductory remarks was the invention of a micro-chip to be inserted in the brain, from which human beings could download any information they required without having to pore over the pages of books or the internet. While the Hon Speaker of Qatar expressed excitement over this recent invention, he also cautioned on its implications with respect to the redundancy of some professions such as teaching and lecturing. That notwithstanding, the invention underlined the strides that the world was making through technological advancement and the necessity of investing in research and technology to spur national development through digitalisation of education.
2.2 Brief on the Shura Advisory Council
The Hon. Speaker of the Shura Advisory Council briefed the meeting on the composition, roles and functions of the Shura Advisory
Council. He highlighted the following:
- The Shura Advisory Council is a unicameral legislative assembly with 45 Members of Parliament comprising 30 Members elected through universal suffrage and 15 appointed by His Excellency, the
Emir of the State of Qatar, Sheikh Tamim bin Hammad al Thani;
- The Legislature is empowered by the Constitution to:
- Approve the national budget; Monitor the performance of Ministers; and, iii. Draft, debate, and vote on proposed legislation, which only becomes law by an affirmative vote of two-thirds of the total Membership of the Shura Advisory Council and upon assent by the Emir.
- These constitutional obligations are carried out by the Shura
Advisory Council through five Portfolio Committees, namely,
- Legal and Legislative Affairs Committee ii.Financial and Economic Affairs Committee iii. Internal and External Affairs Committee iv. Committee on Public Services and Utilities; and,
- Cultural and Media Affairs Committee.
The Council may also form other permanent or ad-hoc committees as and when necessary. Furthermore, the delegation was advised that the work of these Committees is bolstered by the engagement of technocrats with expertise in various fields from within and outside Parliament, and in particular from various universities, including foreign universities with fully-fledged campuses in Qatar. These reputable institutions of higher learning include, among others, the Qatar University, Cornell
University, Georgetown University, The Canergie Institute, North-
Western University, and North-Atlantic University.
Of interest to note from the Hon. Speaker’s presentation was that the people of Qatar had expressed their collective desire to do away with elections and move towards appointment of people’s representatives on merit. The tacit agreement among the generality of Qataris was that, once a Member of Parliament was elected, quite often the MP focused on self-aggrandizement at the expense of serving the people. To that end, public opinion had swayed towards meritocracy rather than holding democratic elections.
It was apparent that the roles and functions of the Shura Advisory Council, notwithstanding their small numbers, conform to the three universally recognised roles of Parliaments, namely, legislation, oversight and representation. The Shura Advisory Council has also played an active role in national economic development particularly in the wake of the illegal economic blockade imposed on Qatar by her sister Arab States.
2.3 Role of the Shura Advisory Council in Economic
Development in the Face of Sanctions
The Hon. Speaker of the Shura Advisory Council chronicled the history of the illegal sanctions imposed on Qatar by her Arab and Gulf neighbours, particularly Saudi Arabia, United Arab Emirates, Egypt,
Bahrain, the Maldives, Comoros, Senegal, Djibouti and Jordan in June
- In the Hon. Speaker’s opinion, Qatar had differed with her neighbours on a matter of principle which would have undermined her sovereign right to make decisions for the greater good of the people of
Qatar. The Saudi-led coalition had proceeded to sever diplomatic relations with Qatar, expel Qatari diplomats from its countries, and ban Qatari airplanes and ships from entering its airspace and sea routes respectively while Saudi Arabia blocked the only land crossing into Qatar. Qatar could equally have reciprocated the embargo. However, it did not retaliate cognizant of the immeasurable suffering this would bring to the over 300 000 Egyptian nationals living in Qatar as well as the people of UAE who depended heavily on Qatari liquefied gas.
Far from decrying the negative effects of the illegal blockade, the Hon. Speaker welcomed the sanctions for inspiring inward-looking innovation and inventiveness among the Qataris. In a compelling rendition that confirmed the time-honoured adage that says “necessity is the mother of invention,” the Hon. Speaker indicated that prior to the illegal blockade, Qatar had been importing all but 1% of her agricultural products. However, in the aftermath of the blockade, the country had embarked on a massive production drive led by His Excellency, the Emir, which had culminated in the country reaching a commendable level of agricultural self-sufficiency. In fact, Qatar had already started exporting milk and was set to export its first farming produce beginning that year. The country had also invested heavily in industrialization resulting in the growth of numerous industries, among them steelproducing conglomerates. It was a measure of the country’s resilience and refusal to break under the weight of the illegal economic sanctions. Consequently, it had steadily grown to be one of the leading economies in the region.
The Hon. Speaker affirmed the central role that the Shura Advisory Council had played in mitigating the effects of the sanctions within the remit of its constitutional obligations. The Shura Advisory Council had adopted His Excellency, the Emir’s vision to look inward for solutions to the challenges posed by the illegal sanctions and expeditiously passed legislation that improved the ease of doing business in Qatar and facilitated domestic investment. The Shura Advisory Council had also used its control of the purse to allocate adequate resources towards manufacturing and agricultural production, both of which spurred the growth of the Qatari economy.
The Legislature had also taken the Minister of Finance to task regarding the sanctions busting strategy and the post-sanctions strategy for the country. Pursuant to this, the Minister had been summoned to Parliament to present the sanctions-busting strategy and the postsanctions plan to the House. This ensured Qatar’s preparedness to embrace a shared vision in overcoming the sanctions as well as an assured developmental trajectory post-sanctions that every Qatari could identify with.
However, what was also clear from the Hon. Speaker’s rendition
was that the success enjoyed by Qatar in fostering self-reliance in countering the effects of the illegal sanctions, was premised primarily on the unity of the people of Qatar in driving the inward-looking vision espoused by His Excellency, the Emir, as well as in speaking with one patriotic voice in support of the country’s principled stand against the Saudi-led coalition. The lesson is thus very clear for Zimbabwe which has been a victim of illegal economic sanctions for over 20 years and yet continues to be riddled with discordant voices in the call to end the illegal sanctions.
2.4 Relations between Qatar and African countries
The Hon. Speaker of Qatar acknowledged the cordial relations that existed between Qatar and Africa which had inspired the establishment of a Qatar-Africa Parliamentary Friendship Association chaired by Hon. Mohamed bin Ali al-Hanzab. Through the Qatar-Africa Parliamentary Friendship Association and in liaison with the United Nations, Qatar has been able to provide philanthropic support to:
- Human capital development through the provision of scholarships towards the education of one (1) million girls in Africa. Qatar was targeting to enhance support to the girl child in Africa by increasing the quantum of scholarships to five (5) million.
- Infrastructure development, including the construction of roads, schools and health facilities through the Qatar Investment Bank.
- Humanitarian aid for countries in need through the Red Cross and
Red Crescent Society.
The Hon. Speaker of the Shura Council was at pains to emphasise that the assistance rendered to African countries by Qatar had no strings attached but was premised on ensuring that everyone lives in dignity and peace. Pursuant to this, he revealed that the theme for the 140th
Assembly of the IPU ‘Parliaments as platforms to enhance education for peace, security and the rule of law” had been deliberately chosen to bring the spotlight on the need to support education in Africa and garner financial and material support for the same. He stressed the fact that without education there is no development and without development there is no peace. Accordingly, the Shura Advisory Council intended to leverage on the 140th IPU Assembly to spread the message that Parliamentary diplomacy is necessary in helping the disadvantaged and disenfranchised. To that end, the Hon Speaker of the Shura Advisory
Council expressed Qatar’s willingness to strengthen bilateral relations with Zimbabwe and invited the Parliament of Zimbabwe to join the
Qatar-Africa Parliamentary Friendship Association.
In response, the Speaker of the National Assembly, Hon. Advocate
- F. Mudenda, expressed his appreciation and that of the Africa
Geopolitical Group for Qatar’s unconditional support to human capital development on the African continent. He informed his Qatari counterpart that the African education system in general and
Zimbabwe’s education system in particular was gradually moving towards a focus on Science, Technology, Engineering and Mathematics (STEM) in a bid to enhance research and technological development. However, the major hindrance remained that of inadequate funding for the construction and equipping of laboratories to enable students to pursue science subjects. Related to this was the need to electrify schools in the hinterland so as to provide internet services that would allow students in the rural areas to compete on an equal footing with their urban counterparts as the world moves unrelentingly towards the digital economy.
With respect to Qatar’s humanitarian aid initiatives, Hon. Advocate
Mudenda briefed the meeting that Zimbabwe was in dire need of assistance in the aftermath of Cyclone Idai which had displaced over 120 000 people and claimed over 200 casualties to date. He acknowledged the assistance rendered by countries in the region and beyond in terms of food aid, medical aid, and infrastructural reconstruction efforts. He also expressed optimism that with this benevolent assistance Zimbabwe would be able to rebuild and recover from the horrendous effects of the natural disaster.
In relation to Qatar’s investment drive in Africa, Hon. Advocate Mudenda reiterated His Excellency, President Mnangagwa’s clarion call that “Zimbabwe Is Open For Business” and assured the meeting that Zimbabwe is generally a peaceful country that is conducive for investment. He indicated that investment opportunities abounded in mining, agriculture, tourism, infrastructure development and even in liquefied gas, which Qatar was a leading producer of, following the discovery of gas deposits in Muzarabani. He undertook to ensure that
Zimbabwe joins and actively participates in the Qatar-Africa
Parliamentary Friendship Association.
The Hon. Speaker commended the Shura Advisory Council, the government and people of Qatar for uniting in the face of the illegal economic blockade and using their own initiative and resources to overcome the sanctions. He indicated that Zimbabwe, which has similarly been under illegal sanctions for more than a decade, must draw lessons from the experience of Qatar and find home-grown solutions to overcoming the effects of the illegal sanctions. The Hon. Speaker pledged Parliament of Zimbabwe’s unwavering support for the theme of the 140th IPU Assembly and the intentions of the Shura Advisory Council to elicit support for human capital development in Africa and other needy countries.
In turn, His Excellency, Speaker Ahmed bin Abdullah bin Zaid al-
Mahmoud, noted Hon. Mudenda’s responses and promised to engage the government of Qatar to extend relief aid to Zimbabwe for those affected by Cyclone Idai through the Red Cross and Red Crescent Society. He also undertook to actively pursue the issue of investment in the liquefied gas production in Zimbabwe. The Hon. Speaker of Qatar further expressed his desire to create strong trade and tourism linkages with Zimbabwe and undertook to engage the government to link Zimbabwe and Victoria Falls via Qatar Airways direct flights.
3.0 Update on Preparations for the 140th IPU Assembly
His Excellency, Speaker Ahmed bin Abdullah bin Zaid al-
Mahmoud reiterated Qatar’s gratitude for the support to the 140th IPU Assembly by the Parliament of Zimbabwe. He indicated that an unprecedented 2 217 participants had confirmed their attendance comprising 147 Member Parliaments, 80 Speakers and 65 Deputy Speakers. This was much more than the anticipated number of 1 500 participants. The Hon. Speaker underlined Qatar’s readiness to host the 140th IPU Assembly and push for support to human capital development in Africa.
4.0 Conclusion and Recommendations
In the final analysis, the Hon. Speaker’s bilateral visit to Qatar was invaluable and timely in consolidating bilateral relations and mutually beneficial co-operation between the Shura Advisory Council and the Parliament of Zimbabwe and, hopefully, between the governments of Qatar and Zimbabwe. It must be noted that:
- The Qatar-Africa Parliamentary Friendship Association provides a unique platform for the two Parliaments to enhance co-operation for the mutual benefit of the two institutions and the citizens of Zimbabwe particularly the girl child, through the scholarships offered by Qatar. Parliament of Zimbabwe, through its IPU delegates must actively pursue membership of the Association.
- The Zimbabwean Ambassador to Kuwait who also covers Qatar, Ambassador C. Marongwe, must be obligated, as part of economic diplomacy, to engage the Qatari authorities without delay and market Zimbabwe as a safe investment destination to lure investment in liquefied gas production, mining, agriculture, tourism and infrastructure development.
- The Zimbabwean Embassy in conjunction with the Ministry of
Primary and Secondary Education as well as Higher and Tertiary
Education must follow up with the Qatari authorities on how
Zimbabwe can access the scholarships that Qatar has availed to the girl child in Africa. The potential for the expansion of the scholarships to five (5) million provides an opportunity for
Zimbabwe to tap into and benefit from the scholarships.
- Parliament of Zimbabwe, through the office of the Hon. Speaker, must also expeditiously follow up on the undertaking by His
Excellency, Speaker Ahmed bin Abdullah bin Zaid al-Mahmoud .to engage the government of Qatar to provide relief to the victims of Cyclone Idai through the Red Cross and Red Crescent Society.
- The Ministry of Transport and Infrastructure Development must engage their Qatari counterparts, through the office of the Hon. Speaker, to explore the possibility of establishing direct flights between Zimbabwe and Qatar which will enhance trade, tourism and investment.
HON. SEN. MUZENDA: Thank you Mr. President. I also want to
add to what Hon. Sen. Chief Mtshane has highlighted on the visit to
Doha, Qatar. Firstly, let me also say it was quite an eye opener in that
Doha is a city which is built on a desert but it is very smart. They indicated to us that for example, one of their hotels which is similar to our Rainbow Hotel called ‘The Sheraton’ built in 1979 is really spectacular. I kept on comparing it to our Rainbow Hotel.
Let me go to the details of some of the highlights I want to indicate. Although the Qatarians had been imposed with sanctions from the Arab States, they did not lament. They looked inwards to say, how are we going to go forward. I suppose their culture is of resilience because they managed to identify expertise within their country and to date, they have become a power house. They did not retaliate when they were imposed with sanctions. They could have chased away the many Egyptians who are in the country and other surroundings but they did not do that because their motto is that all humanity should be treated equally and they told us that they did not want to retaliate because of their belief.
The other highlight I want to indicate as alluded to by the mover of the motion is that the Shura Advisory Council which should be equivalent to our Parliament does not only elect their Members but they look at everybody who has expertise from university, business, NGOs and so forth. Maybe that is why they are doing very well in their administration. They also indicated that their unity makes them go forward in the difficult circumstances. Thus, I think really as
Zimbabweans, it teaches us that we have to have a vision of togetherness irrespective of where we come from. I think that is one thing we learnt from the Qataris.
The relationship between Qatar and Africa is very good. I think we have not, as Zimbabwe, tapped into some of the advantages we can use. For example, we had Chief Khumalo indicating that to date they are sponsoring more than 1 million girl children in education. So, I was wondering - of course the speaker then indicated that he was going to look into that because in a very short period they will be sponsoring more than five million girl children in the whole of Africa, particularly also looking at what we are emphasising about STEM. Therefore I think as a country, it would be very good if we were part of that offer.
The other point we would want to indicate is that they are very passionate about human capital development through the provision, of course of this scholarship, also infrastructure particularly in schools and health. They were also sympathetic to our Cyclone Idai and they had indicated that once proper papers are given to their Government, they were readily going to be able to help us through their Red Cross, similar to what the United Arab Emirates had done to this country.
Mr. President Sir, may I maybe to conclude, indicate that we also can use them since we know Qatar is a desert. Our mantra of saying Zimbabwe is open for business; they virtually import everything - peas, carrots, any vegetable and meat. Therefore, since Qatar Airways now travels to Victoria Falls, I think again in the tourism and agricultural sectors we can make inroads in that country. May I, on that note, say we should be serious about joining the Qatar Africa Parliamentary Friendship Association, particularly as Zimbabwe so that we tap into their offer and kindness. Thank you very much Mr. President Sir.
HON. SEN. CHIEF MTSHANE KHUMALO: I move that the
debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 29th May, 2019.
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
LAUNCH OF THE PROCUREMENT REGULATORY AUTHORITY
OF ZIMBABWE
THE HON. DEPUTY PRESIDENT OF SENATE: There is a
function which was supposed to be held today and I am told Hon. Senators have got cards in their pigeon holes. It has been postponed and it is now going to be held tomorrow. The time and venue remain the same. This is the occasion of the official launch of the Procurement
Regulatory Authority of Zimbabwe.
On the motion of HON. SEN. MUZENDA seconded by HON. SEN. MOHADI, the Senate adjourned at Twenty Two Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 7th May, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF THE SENATE in the Chair)
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
THE SENATE
2019 CALENDERS AND MP CHARTS
THE HON. DEPUTY PRESIDENT OF THE SENATE: I wish
to welcome you all back – [HON. SENATORS: Thank you Mr.
President!] – I wish to inform the Senate that the Public Relations
Department will be issuing the 2019 Parliament calendars and 2018 Members of Parliament charts. Hon. Members are kindly requested to collect these items from officers, who shall be stationed outside the
Members’ Dining Room from today, Tuesday, 7th May, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. SEKERAMAYI: Mr. President, Hon. Senators, I
move that Order of the Day, Number One be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. SEN. MOHADI: I move that the debate do now adjourn.
HON. SEN. KHUPE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2019.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
HON. SEN. MOHADI: I move the motion standing in my name that this House takes note of the Report of the 44th Plenary Assembly of the SADC Parliamentary Forum held at Joachim Chissano International
Conference Centre, Maputo, Mozambique from 6th November to 8th December, 2018.
HON. SEN. CHIEF NGUNGUMBANE: I second.
HON. SEN. MOHADI: Thank you Mr. President but before I table my motion, may I be allowed to present whilst seated?
THE HON. DEPUTY PRESIDENT OF SENATE: Why, are
you not feeling well?
HON. SEN. MOHADI: Yes, Mr. President. Thank you Mr.
President.
I am going to present the Report of the 44th Plenary Assembly of the SADC Parliamentary Forum that was held at Joachim Chissano International Conference Centre in Maputo, Mozambique on the 6th November to the 8th December, 2018.
MOTION
REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC
PARLIAMENTARY FORUM
HON. SEN. MOHADI: Thank you Mr. President for affording me this opportunity to present this report to the House. In accordance with Article 11 (10), of the SADC Parliamentary Forum which states that “The Plenary Assembly shall meet for the transaction of business at the Headquarters of the Forum or in a Member State on a rotational basis”, the 44th Plenary Assembly Session of the SADC Parliamentary
Forum was convened in Maputo, Mozambique from 26 November to 08 December 2018. Thirteen (13) countries were represented at the Plenary which included:- Angola, Botswana, the Kingdom of Eswatini, Malawi,
Mozambique, Lesotho, Namibia, Mauritius, Seychelles, Tanzania, South Africa, Zambia and Zimbabwe. The DRC was absent with an apology which was duly noted.
1.2 The delegation from Zimbabwe led by Hon. Advocate Jacob Francis Mudenda, Speaker of the National Assembly comprised the following Members and Officers of Parliament:- o Hon Monica Mutsvangwa, Vice-President of the SADC Parliamentary Forum who delivered a legacy speech at the end of her term; o Hon. Tambudzani Mohadi, Member of the Standing
Committee on Food, Agriculture, Natural Resources and
Infrastructure; o Hon. Obedingwa Mguni, Member of the Standing Committee on Democratisation, Governance and Human Rights; o Hon. Goodluck Kwaramba, Member of the Standing
Committee on Gender Equality, Women Advancement and
Youth Development and Chairperson of the Zimbabwe
Women’s Parliamentary Caucus;
o Hon. Anele Ndebele, Member of the Standing Committee on
Trade, Industry, Finance and Investment; and o Hon. Bacillia Majaya, Member of the Standing Committee on Human and Social Development and Special Programmes.
1.3 The following attended the Plenary Assembly as support staff:- o Mr. Ndamuka Marimo, Director in the Clerk’s Office; o Mr. Frank Mike Nyamahowa, Director in the Speaker’s
Office; o Mr. Cleophas Gwakwara, Principal External Relations
Officer and Secretary to the Delegation; o Ms. Martha Mushandinga, Principal Executive Assistant; and o Mr. Clive Zvimekria Mukushwa, Security – Aide to the
Speaker.
2.0 OFFICIAL OPENING CEREMONY
2.1 The Official Opening Ceremony of the 44th Plenary Assembly took place on Monday 02 December 2018 at Joachim Chissano International Conference Centre (JCICC) located on the waterfront of Maputo Bay.
2.2 Hon. Fernando da Piedade Dias dos Santos, Speaker of the National Assembly of Angola and outgoing President of the forum informed the Plenary that the SADC Heads of State and
Government had now agreed to put the issue of the transformation of the forum into a Regional Parliament on the agenda of the SADC Summit scheduled for March 2019.
2.3 In his keynote address, H.E. President Filipe Jacinto Nyusi reiterated his commitment to ensuring that the transformation of the SADC PF into a regional Parliament would be realised during his term of Office
2.4 The Speaker of the National Assembly of Mozambique, Hon. Veronica Nataniel Macamo Dlovo, welcomed the delegates to the City of Acacia and re-emphasised the need to transform the forum into a Legislative Assembly, noting that the issue had been on agenda for a long time.
2.5 In a solidarity message delivered by Hon. Fatuma Ndangiza representing Hon. Ngoga Karoli Martin, Speaker of the East
African Legislative Assembly (EALA), SADC Member Parliament
were reminded that regional integration remains an important driver of Africa’s economic growth, development and poverty reduction as envisioned in the 1983 Abuja treaty.
2.6 In all, there was common purpose on the need for the SADC Parliamentary Forum to transform into a regional Parliament under the direction of the Summit of Heads of State and Government.
3.0 SYMPOSIUM – “TRANSFORMATION OF THE SADC
PARLIAMENTARY FORUM (SADC PF) INTO A
REGIONAL PARLIAMENT”
3.1 Dr. Leonardo Simao, former Minister of Foreign Affairs and Cooperation and Director of Joaquim Chissano Foundation emphasised the need for a correct diagnosis of the problem that is hindering transformation. He encouraged the Plenary Assembly to work with the principle of gradualism in mind to avoid making errors.
3.2 Hon. Dr. Alcinda Abreu, former Minister of Foreign Affairs, Environment and former Head of the National Group for the SADC Parliamentary Forum observed that the 38th Summit of Heads of State and Government held in Windhoek, Namibia was a major turning point in the transformation agenda of the forum into a regional Parliament and encouraged Member Parliaments to move cautiously and respect the sovereignty of Member States.
3.4 Hon. Fatuma Ndangiza from EALA observed that the transformation of SADC PF into a legislative body has to be done with the urgency it deserves but cautioned on being prescriptive as every region is unique its own circumstances.
3.5 Zimbabwe pledged to support the process to ensure that the transformation agenda is brought to its finality.
3.6 To ensure that the transformation process gains traction, the 44th Plenary Assembly resolved to engage Clerks/Secretaries-General of Member Parliaments and liaise with representatives of the SADC Secretariat to establish a Joint Task Force that would be responsible for collating views from Member States and coordinating the consultation process.
4.0 RESOLUTIONS ON THE EXECUTIVE COMMITTEE
REPORT
4.1 Separation and Release of Dr. Chiviya
4.2 The Plenary Assembly noted the developments in the case of the Dr. Esau Chiviya, former Secretary- General of the SADC PF whose Settlement and Release Agreement had been finalised.
4.2.1. The Plenary Assembly adopted a road map to recruit a substantive Secretary- General with immediate effect. It is trite to note that Zambia and Zimbabwe are not eligible to sponsor candidates after the tenure of Dr. Mutukwa and Dr. Chiviya respectively.
4.3 Engaging the National Parliament of Madagascar and Comoros to join the SADC-PF
4.3.1 Following the readmission of the Republic of Madagascar and the union of Comoros into SADC, the SADC PF Secretariat wrote to the National Parliaments of Madagascar and Comoros inviting them to join the forum. Lobbying for the inclusion of the Indian Group of Islands into the regional body will continue to be pursued by the incoming Executive Committee.
4.4 Monitoring of the Model Law On Eradicating Child Marriage and Protecting Children Already in Marriage
4.4.1 The Plenary Assembly adopted a resolution to monitor and assess steps being taken by Member Parliaments in domesticating the
Model Law on Child Marriage and Protecting Children Already in
Marriage. It is heartening to note that Parliament will consider the Child Justice Bill and the Marriages Bill, which seek to outlaw child marriages and introduce a mandatory sentence for rape and sexual abuse as envisaged in the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage during this year’s legislative programme.
4.5 Draft Strategic Plan for the SADC-PF 2019-2023
4.5.1 Pursuant to the 43rd Plenary Assembly resolution to develop a Strategic Plan for the forum, which should build upon the vision of the forum as the Flag-Bearer of Democratisation and SocioEconomic Development in the SADC region, the Executive
Committee recommended adoption of the Draft Strategic Plan for the period 2019 to 2023.
4.5.2 The Plenary Assembly affirmed the need for a Strategic Plan to guide the work of the forum as it navigates the transformation process into a regional Parliament and unanimously adopted the Draft Strategic Plan.
4.6 Cost-cutting measures to reduce the salary bill of the SADC
Parliamentary Forum
4.6.1 The Plenary Assembly adopted a number of cost reduction measures pursuant to the 43rd Plenary Assembly’s decision to ensure that the percentage of SADC PF Secretariat staff salaries to the revenue received from Member Parliament contributions is reduced from the current 72%.
4.6.2 In the immediate term, a proposal to merge the functions of Administration and Human Resources with Finance was adopted as a cost reduction measure. The 44th Plenary Assembly further resolved that the post of financial consultant to the SRHR Project
be advertised to give equal employment opportunities to the region.
4.6.3 Attendance of the Forum at the 139th Inter-Parliamentary
Union (IPU) Assembly and the 49th Commonwealth
Parliamentary Association (CPA) Conference
4.6.4 The Plenary Assembly commended the facilitatory role played by the SADC PF Secretariat led by the Acting Secretary at the 139th Inter-Parliamentary Union's Assembly and related meetings from the 14th to 18th October 2018. The forum secretariat also facilitated the participation of a few members of its Standing Committees to the 49th Commonwealth Parliamentary Association (CPA), Africa Region Meeting in Gaborone, Botswana from 13 to 22 August 2018. Plenary Assembly reaffirmed the need to for the regional body to continue attending such important meetings.
4.7 Issues relating to the implementation of institutional
arrangements to effect the Gender Equality and Women’s
Advancement Policy
4.7.1 The Plenary Assembly resolved that all issues concerning the relocation of the gender programme to the Secretary- General’s Office and the affiliation of the Chair of the GEWAYD (or vicechair) to EXCO be kept in abeyance until the Oversight Committee of the forum has met and properly integrated the issue of gender mainstreaming in its work plan.
4.8 Update on the forthcoming SRHR, HIV and AIDS Governance
Project with Sweden
4.8.1 The Plenary Assembly noted that SRHR, HIV and AIDS
Governance Project concluded in March 2018 and the Narrative Annual Report of the Project was duly submitted to the sponsors in Sweden by the secretariat on the 20th of September 2018. The expectation is that the project will resume at the beginning of April 2019 and be extended to all 14 Member Parliaments of the SADC-PF. Zimbabwe has benefited immensely by partnering in this project.
4.9 Strengthening Accountability and Oversight of the Office of the Secretary-General.
4.9.1 The Plenary Assembly adopted the recommendations to strengthen accountability and oversight of the Office of the SecretaryGeneral who, as Chief Executive Officer is responsible for the administration of all the affairs of the institution and for managing the human resource base. A handbook containing rules and regulations for running the office will thus be developed.
(a) Nomination of EXCO Members to Continue Serving for One More Year As Ex-Officio Members Pursuant to Article 12 (3) of the SADC PF Constitution
(a) In order to preserve institutional memory, Article 12 (3) of the
SADC- PF Constitution provides for five members of the outgoing
Executive Committee namely, the outgoing treasurer, two Presiding Officers and two non-Presiding Members to continue to serve in the in-coming Executive Committee.
(a) In this regard, Plenary Assembly approved the following to continue to serve in the Plenary as ex-officio Members for a period not exceeding one year:-
o Hon. Justice Dr Patrick Matibini, Speaker of the National
Assembly of Zambia; o Hon. Prof Katjavivi, Speaker of the National Assembly of
Namibia; o Hon Terence Mondon outgoing (Treasurer) from Seychelles; o Hon Duma Gideon Boko, Member of Parliament from
Botswana; and o Hon Jaime Augusto Neto, Member of Parliament from
Mozambique.
4.11.1 Progress on the Implementation of a Plenary Assembly Resolution on Cost Optimisation and Resource Mobilisation for SADC PF Election Observation Missions
4.11.2 Following the resolutions of the 40th, 41st, 42nd and 43rd Plenary Assembly Sessions to optimise costs and mobilise resources for SADC-PF Election Observation Missions, the Executive Committee applauded the secretariat for the measures taken to contain costs related to the 2018 Zimbabwe Harmonised
Elections.
4.11.3 Recognising that election observation missions placed a huge financial burden on National Parliaments, the Committee agreed that the Secretariat should continue to explore and implement cost reduction measures and resource mobilisation strategies to support these missions. Election observation missions would therefore, only be undertaken subject to availability of financial resources.
5.0 TREASURER’S REPORT
5.1 The Plenary Assembly noted that Zimbabwe has an outstanding amount of N$1,526,016 towards its obligations to the forum.
Parliament of Zimbabwe pledged to clear the outstanding arrears.
6.0 MOTIONS ADOPTED DURING PLENARY ASSEMBLY
In tandem with its constitutive mandate, as the policymaking and deliberative body of SADC PF, the 43rd Plenary Assembly discussed and resolved on various issues of regional importance
and concern.
6.1 Motion for the Adoption of the SADC Model Law on Elections
6.1.1 The motion was moved by Hon. Wavel Ramkalawan, MP,
Chairperson of the Standing Committee on Democratisation,
Governance and Human Rights and seconded by Hon. Josefina P.
Diakite, Vice-Chairperson of the Standing Committee on
Democratisation, Governance and Human Rights.
6.1.2 The motion urged the secretariat to be pro-active in sourcing finances for Election Observation Missions.
6.1.3 Plenary Assembly applauded the Standing Committee on crafting a Model Law that will be adopted and adapted by Member Parliaments in accordance with domestic policies.
6.1.4 In the ensuing debate, Zimbabwe was applauded for holding regular and periodic elections and for holding the most credible, peaceful, fair and transparent elections in the region.
6.1.5 The Plenary Assembly noted the election dates for the Democratic Republic of Congo (DRC) were not conducive for observation since they coincided with the Christmas period.
7.1 Motion and debate for the adoption of the Report of the
Standing Committee on Food, Agriculture and Natural
Resources
7.1.1 The motion was moved by Hon. Stevens Mokgalapa of South
Africa and seconded by Hon. Sophia Swartz of Namibia. Plenary
Assembly appreciated the peer learning visit to EALA by the Committee to benchmark on the ratification, implementation and monitoring of regional commitments on agriculture and food security.
7.1.2 The meeting also noted and urged Member Parliaments to ensure that governments abide with the Malabo Declaration on accelerated agricultural growth and transformation by allocating
10% of their national budgets to agriculture. Zimbabwe’s budget allocation to Agriculture under the 2019 budget projections stands at 12%, which is a positive development juxtaposed with the Malabo Declaration.
7.1.3 The region was encouraged to focus on industrialisation and underscored the need to improve the management of natural resources for the benefit of all SADC citizens.
8.1 Motion and debate for the adoption of the Report of the
Standing Committee on Gender Equality, Women
Advancement and Youth Development
8.1.1 The motion was moved by Hon. Ponde Mecha of Zambia and seconded by Hon. Tshireletso of Botswana.
8.1.2 The Plenary Assembly adopted the recommendation to embark on lobbying missions to popularise and promote the introduction of women and youth quotas in national constitutions.
The women’s quota provision in the Constitution of Zimbabwe was given as a reference point which had guaranteed a significant increase in women’s representation in Parliament.
9.0 Motion and debate for the adoption of the Report of the Standing Committee on Democratisation, Governance and
Human Rights
9.1.1 The motion was moved by Hon. Wavel Ramkalawan and seconded Hon. Josephina Diakate who is the Vice- Chairperson of the
Committee. The motion among other things, hailed Zimbabwe’s peaceful harmonized elections and the opening up of the sdemocratic space which had resulted in an unprecedented number of candidates vying for the Presidential seat.
9.1.2 The Plenary Assembly was heartened that the areas that required improvement in the Zimbabwe electoral process were comprehensively addressed in the Draft SADC Model Law on Elections. Zimbabwe, like other SADC Member States, will stand to benefit from the domestication of the Model Law.
10.0 Adoption of the Report of the Standing Committee on Human and Social Development and Special Programmes
10.1 The Plenary Assembly noted that HSDSP Committee which oversees the implementation of the SRHR, HIV and AIDS Governance Project in seven implementing countries, had successfully steered the project over the past four years.
10.2 The meeting observed with gratitude that the project will now be spread to all fourteen countries in the region.
11.0 Motion and debate for the adoption of the Report of the
Standing Committee on Trade, Industry, Finance and
Infrastructure (TIFI)
11.1 The motion was moved by Hon. Egbert of Seychelles and seconded by Hon. Tsepang Tsita- Mosena of Lesotho.
11.2 The Plenary Assembly took note that currently only twenty-two
(22) out of twenty-six (26) African countries have signed the Continental Free Trade Area (CFTA) Agreement which was initially launched in June 2015 in Sharm el Sheirk, Egypt. The CFTA is a proposed African free trade agreement between the
Common Market for Eastern and Southern Africa (COMESA),
Southern African Development Community (SADC) and East
African Community (EAC). Zimbabwe indeed, signed the Agreement.
11.3 Plenary Assembly noted that following the signing of the
Agreement, 22 ratifications are required for it to come into force.
However, only Kenya, Ghana and Rwanda had ratified the Protocol. Plenary encouraged Member Parliaments to lobby for the ratification of the agreement which would enhance continental trade and ultimately, regional integration.
11.4 Plenary Assembly was informed and supported the initiative to establish the SADC University of Transformation in the form of a Virtual University based on the concept of a network of partner institutions and universities that will be designated as Centres of
Excellence and Specialisation.
12.0 Motion and debate for the adoption of the report of the
Regional Women’s Parliamentary Caucus
12.1 The motion was moved by Hon. Matsepo Molise – Ramakoae of Lesotho, Chairperson of the RWPC and seconded by Hon. Agnes Limbo of Namibia. Plenary Assembly received the history and background of the project on Gender Responsive Oversight Model (GROM), linking it with UN Women HeforShe global solidarity campaign, which urges citizens to work with men and boys to curb gender inequalities in general and gender-based violence in particular.
12.2 Plenary Assembly adopted the recommendation by the RWPC to decentralise and adapt GROM to the National Parliaments of
Lesotho, Zimbabwe, and possibly Zambia which expressed interest
to be considered. This project will be implemented in partnership with UNAIDS and UN Women.
12.3 The Plenary Assembly underscored that whilst participation at the United Nations Commission on the Status of Women depended heavily on Development Partners’ funding, it remains the responsibility of each Parliament to ensure that members of National Women’s Parliamentary Caucuses are part of each country’s delegation to the CSW.
13.0 Debates on Motions by Member Parliaments
13.1 Notice of Motion on the Promotion of Regional Trade using
Currency Convertibility and Repatriation and Regional
Payment Settlement Systems
13.1.1 Plenary Assembly adopted the motion which seeks to ensure that there is currency convertibility among SADC Member States to avoid losing time and money whilst trying to change money into different currencies.
13.0 Notice of Motion on the Role of SADC Parliaments in Securing an Enabling Environment for Inclusive, Safe and Sustainable
Access to Technology for Young People
13.1 Plenary Assembly resolved to ensure safety in the use of technology and urged Member States to ensure that laws that guarantee environmentally-friendly use of technology are promulgated.
14.0 Notice of Motion on Promoting Infrastructure Development and Youth Empowerment for Sustainable Development
14.1 Plenary Assembly noted the need to ensure that youths are mainstreamed into various economic activities to ensure that they become repositories of knowledge and leadership as the region consolidates its economic transformational agenda.
15.0 ELECTION OF NEW OFFICE BEARERS
15.1 Plenary Assembly elected new Office bearers to lead the
Forum up to 2020 as follows:- o Hon. Veronica Nataniel Macamo Dlhovo, President of the
SADC PF (Mozambique).
- Isaac Mmemo Magagula, Vice-President of the SADC
PF (Eswathini).
- Patricia Kainga, Treasurer (Malawi).
- Advocate Jacob Francis Mudenda will serve in the Executive
Committee and the Parliamentary Legal Sub-Committee.
- The new Executive Committee directed the secretariat to work on the modalities to convene a hand-over meeting where the transformation road map will be discussed and finalised.
16.0 LEGACY STATEMENTS
16.1 Hon. Fernando Da Piedade Dias Dos Santos, Speaker of the National Assembly of Angola and outgoing President of the SADC PF thanked Plenary Assembly for the sterling work done in the last two years in pushing the transformation agenda, noting that the issue was now being taken up seriously by the Summit.
16.2 Hon. Monica Mutsvangwa, outgoing Vice- President of the SADC PF thanked the Plenary Assembly for the opportunity she was given to serve as the Vice –President of the forum, a post that
gave her invaluable leadership experience which she will tap into the future.
16.3 Hon. Advocate Jacob Francis Mudenda, Speaker of the National Assembly of Zimbabwe, paid tribute to the leadership of Hon. Dias dos Santos, Speaker of Angola, for steering the transformation agenda and encouraged the new leadership to carry the mantle forward until the transformation of the forum is realised.
17.0 RECOMMENDATIONS
Recommendation | Action | Timeline | |
17.1 | Transformation of SADC PF into a Regional Parliament. | Hon. Obedingwa Mguni to move a motion on the Transformation of the
Forum into a Regional Parliament
Lobbying process with the Executive to continue formally and informally. Parliament to elicit a formal positive affirmation from the Executive.
|
January 2018
March 2019 |
17.2 | Establishment of the Parliamentary Studies Institute (PSI). | Parliament of Zimbabwe to ensure that the new Administration at the University of Zimbabwe is briefed on the proposal | Ongoing |
17.3 | Parliament of Zimbabwe to take part in the Gender Responsive Oversight Model (GROM) | The Zimbabwe Women’s
Parliamentary Caucus to incorporate the model into its work plan. Adopt and adapt GROM to be implemented in partnership with UNAIDS and UN Women. |
February 2019 |
17.4 | Liaise with the Executive to push
for the ratification of the Continental Free Trade Area (CFTA) |
Parliament to liaise with the Ministry of Foreign Affairs and International
Trade on the ratification of the Agreement |
January 2019 |
17.5 | Adoption of the Model Law on Elections | Liaison with the Ministry of Justice, Legal and Parliamentary Affairs on | February 2019 |
the proposed Model Law on Elections | |||
17.6 | Strengthening Election
Observation Missions in the Region whilst observing Gender equity in Missions.
|
All observation missions to include at least a woman Member of Parliament. Parliaments to be encouraged to mobilise resources for the election observation missions. | Ongoing |
17.7 | Implementation matrix for the next phase of the 3-year SRHR Project | The SRHR Country team to adopt stop gap measures to ensure that there is no lacuna up to the commencement of the programme | SRHR Project Researcher to continue noting
debate related to SRHR issues |
17.8 | Continued implementation of the HeforShe Programme. | Refer to the Portfolio Committee on Women Affairs and Youth/ and seek continued support of the ZWPC in
initiatives that champion the cause of women
|
Ongoing |
17.9 | The establishment of the SADC University of Transformation to train citizens in innovation to facilitate industrialisation in the region. | Portfolio Committee on Higher and
Tertiary Education to liaise with the Ministry of Higher and Tertiary Education on the modalities to link the proposed University with Institutions in Zimbabwe |
January 2019 |
18.0. CONCLUSION
18.1 The Plenary appreciated the excellent hosting arrangements made by the National Assembly of Mozambique.
(a) The incoming President of the SADC – PF expressed confidence that the issue of the transformation of the SADC Parliamentary Forum into a regional Parliament will come to fruition with the critical mass of forward looking Members of the Plenary
Assembly.
18.2 Parliament of Zimbabwe is encouraged to adopt resolutions of the Plenary Assembly as they summarize the collective concerns of citizens in the region. I thank you.
HON. SEN. CHIEF NGUNGUMBANE: Thank you Mr.
President for giving me this time to support the motion that has been tabled before this Senate by Hon. Sen. Mohadi. It is a long and comprehensive report and I will only dwell on - I think about two or three aspects, namely transforming SADC PF, establishing of a
Parliamentary Studies Institute and last but not least, the SADC Model
Law. I would want to thank the members that represented this
Parliament as she has already indicated that they represented Parliament very well.
First and foremost Mr. President, I think as a Parliament, it is important that we establish a Parliamentary Studies Institute. There are a lot of misconceptions on the role of Parliament. If you go into a secondary or primary school and get hold of social studies textbooks, you will find that one of the fundamental roles of Parliament is to make laws; which is very important. If you look at the laws that we have passed, what percentage can you give to those laws that were really made by Parliament? The law provides for a Private Member’s Bill but most of the laws are brought in to Parliament by the Executive and our role is to pass.
Secondly, when we come in as new members, most of us do not really know what our roles as parliamentarians are. So, this will also help us before we become Members of Parliament and to those aspiring Members of Parliament, at least they will have an appreciation of what Parliament is and what the roles are. I think the thrust of the AU is to say areas of conflict, let us devolve; let us give them to the continent and let us move them to regional blocs. If we look at the conflict that is here in Africa, be it in West Africa, we have Economic Community of West
Africa States (ECOWAS) looking at that. In North Africa, we have the
Arab Maghreb Union looking and in Southern African, we have SADC PF, but for these regional bodies to be very effective you would need regional Parliaments to be established to support national Parliaments that are there. It will strengthen regional operations and help resolve conflicts that have been the order of the day in most of the blocks in the continent.
Mr. President, Hon. Sen. Mohadi talked of the SADC Model Law on eradicating child marriages. I think in 2015 there was a judgment given by the constitutional court outlawing child marriages. Child marriages are a menace; I think it is a few that would support child marriages. When one gets married, the families and communities are involved. When it comes to the issue of child marriages, I do not know who is involved but I would assume that perhaps the father or mother is involved. So, it is not something that we envy and even those little girls that are in those marriages, it is not something that they envy. So as society, I think we have a role and as Parliament, we have a very important role to help these laws to be effective.
Mr. President in unpacking my debate, I would want to refer to a book written by some two political scientists by the name Steven Levitsky and Daniel Ziblatt, they wrote a book by the title ‘How Democracies Die’ it was an aftermath of the challenges that the
American democracy was facing after the election of the current President Donald Trump. To me, it is a realisation that the so called best institutions of democracy, rule of law also face their challenges and we have authors that have unpacked this in great detail on how this leadership has brought challenges to the American democracy. I will pick up on key elements that I thought are very important to my debate. I think we are very fortunate in this Senate that we have one of the lawyers that have helped in the writing of the Constitution, Hon. Sen. Mwonzora. He will, among many others, agree with me that constitutions can be well written, well documented but they leave a lot of gaps. You can go to America, you will find that and I will make reference to that later on in the speech.
It is not surprising that the Lancaster House Constitution was amended many times; it is testimony that constitutions do not embrace everything so there are gaps and it is those gaps Mr. President that I will highlight on. Section 78 of our current Constitution refers to marriage rights. When you attain the age of 18, you have a right to get into a marriage contract, you have a right to form a family. Mr. President, that is not enough, if you look at our African values, one cannot get married without the involvement of the respective families. The Constitution does not state ‘subject to involvement of families’, no, but if you look at our unwritten norms and values as Africans, it is provided that when you enter into a marriage, you must have a go between or negotiator who will facilitate discussions on marriages. So the Constitution itself Mr. President is not enough. Yes we might pass legislation on child marriages, to me I believe that is not enough. Mr. President, I think we also need to value the human factor. As humans, we are the ones that sit down to plan, draft constitutions and draft the unwritten constitutions, the philosophy of ubuntu. We need to also say as much as we put trust on our laws, we should also identify that these laws and the judgment that are given by the courts are not enough to address the areas at hand.
The judgment, given two to three years ago, offered a platform that
Parliaments could then pursue in saying these are the gaps in legislation which will help us in addressing the issue of child marriages. Mr.
President, I would want to refer to a judgement given in the United
States of America in 1944 towards the end of the Second World War. Judgement 53020 by one judge Justice Learned Hand; he gave a judgment and I refer to my notes so that I can read out the judgment. He said, ‘I often wonder whether we do not rest our hopes too much on constitutions upon laws and upon courts’, and he says if we put too much hope, these notes say we should not put hope but he is saying we should not put too much hope, ‘If we do so it gives us falls hopes to liberation. There is no law or constitution that can save it. What I am trying to say Mr. President, is that if you look at the issues of child marriages, it is not part and parcel of teaching our children not to be married before the age of 17 years regardless of their sex, be they boys or girls. They should not marry before attaining 18 years of age. How many people in the rural areas have access to the laws that Parliament is enacting in order to curb the issues of child marriages? I am saying that a lot still needs to be done in terms of educating our people on the dangers and wrongs of practicing child marriages and that it is not allowed in our country. I think that the proposed amendments should encourage some of the cultural values that are written, that we need to empower chiefs to help us in addressing the issue of child marriages.
When this Bill comes before us as Parliament, there is need for a robust and serious debate on this Bill that affects society. I would be naive not to say that it is of utmost importance for this Bill to uphold our culture by giving chiefs jurisdiction to preside over child marriages cases because often times, you will discover that there are statistics that have been provided but I think that most of the affected people do not have vehicles to be travelling to the courts which may be some distance away. The money that is required to access the courts and get certificates is also prohibitive to most people; hence my humble plea that chiefs need authority to deal with these issues at local level and address the problems at hand. With these few words, I would like to register my support on this issue of the Model Law on Eradicating Child Marriages.
I thank you.
HON. SEN. MOHADI: I move that the debate do now adjourn.
HON. SEN. TSOMONDO: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2019.
ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF
SENATE
MALFUNCTIONING RECORDING EQUIPMENT
THE HON. DEPUTY PRESIDENT OF SENATE: I would like
to advise Hon. Senators that our recording system is out of order. The result of that is, Hon. Senators will only be able to debate in one language and perhaps this will also encourage us to focus and support the Parliament budget so that Hon. Members may be able to debate in the language of their choice.
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY
ZIMBABWEANS
Fourth Order read: Adjourned debate on motion condemning all
forms of violence.
Question again proposed.
HON. SEN. S. NCUBE: Mr. President, I move that the debate do now adjourn.
HON. SEN. ZIVIRA: I second.
Motion put and agreed to.
Debate to resume: Wednesday 8th May, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Fifth Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human
Rights Commission Annual Report.
Question again proposed.
HON. SEN. MOHADI: I move that the debate do now adjourn.
HON. SEN. S. NCUBE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2018.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF
SMALL GRAINS
Sixth Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing of small grains.
Question again proposed.
HON. SEN. TONGOGARA: I move that the debate do now
adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2019.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET
BOARD
Seventh Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.
Question again proposed.
HON. SEN. TIMVEOS: I move that the debate do now adjourn.
HON. S. NCUBE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2019.
MOTION
OUTBREAKS OF VELD FIRES
Eighth Order read: Adjourned debate on motion on the recurrence
of outbreaks of veld fires with devastating effects on the environment.
Question again proposed.
HON. SEN. GUMBO: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 8th May, 2019.
The Clerks-at-the Table having advised the President of the Senate on procedure.
THE HON. DEPUTY PRESIDENT OF SENATE: I have been
advised to remind you Hon. Senators that if your motion stays for 21 days consecutively on the Order Paper without you winding it up, it automatically falls out. So, I strongly advise you to wind up your motions when you see that debate has been exhausted.
MOTION
PROTECTION OF CATTLE AGAINST TICK-BORNE
DISEASES
Ninth Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.
Question again proposed.
HON. SEN. CHIMBUDZI: Thank you Mr. President for
affording me this opportunity to wind up my motion. I would like to thank Hon. Senators for supporting this motion. They contributed very important issues such as educating our people on the importance of dipping our cattle and also monitoring our porous borders. For example, in my constituency, there is a certain man who goes out every day to collect those dead cows to his home. It is very bad for health. The wife is forced to cook this meat, I do not know whether it is greediness or what but as Hon. Members, we need to educate our people. We also need to monitor our butcheries since we have lost quite a number of cattle I think some of the meat sold in some butcheries is from these dead animals.
It is also important for our farmers to always work with Veterinary Services so that they are advised on recommended medicines to curb certain diseases on animals. Farmers prefer drugs which are cheaper and are normally sold on the black market but do not cure the ailment. This is one of the reasons why we have lost such a large number of cattle in our country.
Once again, I would like to thank this august House for their contributions and I think Government will take the right decision to prevent such a situation because the previous speaker touched on very important issues so that we protect our herd in the county because the country has already lost quite a number of cattle. I move that the motion be now adopted.
The motion that:
AWARE that 70% of the diseases affecting cattle in Zimbabwe such as babesiosis, anaplasmosis and theileriosis are caused by ticks; ALSO AWARE that tick borne diseases cause weight loss and consequently impact negatively on livestock production; FURTHER AWARE that the Animal Health Act [Chapter 19:01]
and Statutory Instrument No. 250 of 1993 provide for dipping of livestock, especially cattle, to protect them against tick borne diseases;
NOW, THEREFORE; calls upon the Ministry of Lands, Agriculture, Water, Climate and Rural Settlements to:
- ensure proper maintenance of dip tanks and increase the number of dip tanks in areas mostly affected by tick-borne diseases;
- enforce registration of calves within the stipulated period of two weeks;
- monitor and control movement of livestock; and
- encourage farmers to regularly dip their livestock in order to prevent tick-borne diseases, put and adopted.
MOTION
REPORT OF THE 139TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Tenth Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union (IPU), held in
Geneva, Switzerland.
THE HON. DEPUTY PRESIDENT OF SENATE: According to
Standing Order Number 100, this motion falls away.
MOTION
UPGRADING OF TOURIST FACILITIES IN KARIBA
Eleventh Order read: Adjourned debate on motion on the strategic role of tourism to the country’s economic development.
Question again proposed.
HON. SEN. GUMPO: Thank you Mr. President. It was indeed a very exciting time for me to present a motion that was well debated in this august House. I would like to thank all the members that debated on this motion.
I would like to notify the House that the motion has gone a long way in terms of achieving what it was intended for. Firstly, this motion attracted a response from America on a project that has been pending in Kariba for sometime. I am not going to dispose most of the details because it is being considered by Government, but it is a project that was proposed twelve years ago and it was covered by this motion. It is definitely important that a motion is presented in Parliament and debated to a deeper end so that they acknowledge exactly what they are intended
for.
Secondly, when I presented the motion in Parliament, the Minister of Tourism attended to problems in Kariba. I am so pleased that the Minister was very forthcoming in terms of responding and being able to start the dialogue which I did talk about, that for the last fifteen years there was no dialogue in Kariba between stakeholders and Government. This is why the economy of the town had actually declined because there was no communication. I am so pleased that the Minister has actually resuscitated those contacts.
I presented the motion on the 18th of December – by the 22nd of
December, I had been invited to the Minister’s office for discussion on the project. The Minister had already identified a team from her Ministry to be able to represent the Ministry. I was then asked to bring a team from Kariba to be able to connect the two teams to start debating.
As I speak now, during this weekend, there is going to be a meeting in Kariba. The Minister has convened a meeting in Kariba for all the stakeholders towards a serious debate in terms of talking about how Kariba can be resuscitated.
Mr. President, when I presented my motion, I was actually talking about two projects in Kariba that is tourism and the fishing industry which are the only industries that sustain Kariba. If the two are not resuscitated, it would mean unemployment for over 50 000 people because Kariba has no other industries. There is no mining or farming.
It is just the two industries.
It is vitally important that this debate is done properly. I hope the Minister is going to go deeper into the matter until those two industries are resuscitated to save the employment of the people of Kariba. I therefore would like to propose that this House adopts the motion.
Motion that:
COGNISANT of the strategic role of tourism to the country’s economic development, both as a major foreign currency earner and a source of employment;
CONCERNED by the decline of Kariba Town as a tourist destination leading to high unemployment levels;
ALSO CONCERNED by delays in the construction of a new
airport in Kariba, which is critical for revival of the tourism industry in the town;
FURTHER CONCERNED by the decline in the wild animal
population which is a major tourist attraction to the resort town;
NOW, THEREFORE, calls upon the Government to-
- expeditiously provide financial resources for construction of a new airport in Kariba and upgrading of tourist facilities to international standards;
- control the movement of wild animals into Kariba Town and poaching activities; and
- designate Kariba Town a Special Economic Zone status in order to unlock its great economic potential, put and adopted.
On the motion of HON. SEN. MOHADI, seconded by HON. SEN. MATHUTHU, the House adjourned at Eleven Minutes to Four o’clock p.m.