PARLIAMENT OF ZIMBABWE
Tuesday, 5th March, 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
SENSITISATION WORKSHOP ON CLIMATE CHANGE
THE HON. PRESIDENT OF SENATE: I have to inform the
Senate that Parliament of Zimbabwe in conjunction with the Inter
Parliamentary Union and the United Nations Environment Programme
(UNEP) will convene a Sensitisation Workshop on Climate Change for
Members of the following Committees;
- Portfolio Committee on Lands, Agriculture, Water, Climate and Rural Resettlement.
- Portfolio Committee on Environment and Tourism.
- Thematic Committee on Sustainable Development Goals (SDGs).
All Committee Chairpersons are also invited to attend this Workshop without fail. The Workshop will be held at Rainbow Towers on Friday, 8th March, 2019 starting at 0800 hours. Participants must be punctual.
INVITATION TO A CATHOLIC CHURCH SERVICE
THE HON. PRESIDENT OF SENATE: I also have to inform
the Senate that there will be a Catholic Mass tomorrow, Wednesday, 6th
March, 2019 to mark the Ash Wednesday. All Catholics and non Catholics are invited to attend.
COMMITTEE STAGE
CONSIDERATION OF AN ADVERSE REPORT BY THE
PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY
INSTRUMENT NO. 247 OF 2018 AGRICULTURAL MARKETING
AUTHORITY (COMMAND AGRICULTURE SCHEME FOR DOMESTIC CROP, LIVESTOCK AND FISHERIES PRODUCTION)
REGULATIONS, 2018
First Order read: Consideration of an Adverse Report by the
Parliamentary Legal Committee on Statutory Instrument No. 247 of 2018 Agricultural Marketing Authority (Command Agriculture Scheme for Domestic Crop, Livestock and Fisheries Production) Regulations, 2018.
House in Committee.
HON. SAMUKANGE: Hon. Chairman, I want to give a brief introduction especially for those who have not met the Parliamentary Legal Committee because it may come as a surprise why I am here, I am a member of the National Assembly but today I appear before you in the
Senate together with my fellow members from the Parliamentary Legal Committee.
The Parliamentary Legal Committee is set up in terms of the
Constitution and it consists of five lawyers assisted by the Secretariat, all of them are actually registered legal practitioners. I would want to say that it is reasonably knowledgeable in the operations of the law.
The Statutory Instrument has been presented previously since 2013 and I think if my memory serves me right, this has been the fourth time it has been presented. For some funny reason, the Ministry does not want to give up. In the past three occasions or so, it has been up here, it has been brought in the National Assembly and the adverse report had been adopted by both Houses at different stages. Despite that, it appears that the Minister and the Ministry wanted to insist what they think is right and hopefully that they will convince you that as Members of the Parliamentary Committee, we are wrong and they are right.
In a nutshell, I am going to read a lengthy report that we have prepared but what we are saying is that when we talk about the rule of law, it is that when the law seeks to punish innocent citizens in terms of having breached a written contract, that has been considered universally that it is unacceptable. We cannot punish a citizen who has entered into a contract with another party and then the other party decides that because there is a breach, it takes that breach to the police and has the person arrested. It is considered as criminalising the citizenry of this country or even residents of this country who happen to enter into a contract. This is why we have issued an adverse report because we are saying no, if the Ministry either through the Command Agriculture or has entered through its subsidiaries into contract with farmers, in this particular case, I think mostly it is the peasant farmer who enters into the contract with the branch of Government and then for some reason, there is some breach of that contract. We advise that it is not advisable for that party who is in breach to be prosecuted. It is nothing to do with the police or criminalising the individual. What should be done is that when there is a contract which both parties have signed, if there is any form of breach, then that contract can actually be enforced through the courts in a civil court.
In fact, I must go further that in the Criminal Procedure and Evidence Act, it actually provides that it is a complete defence to a criminal charge if the accused person or suspect produces a contract and says no, you cannot prosecute me in terms of this contract because there is a written agreement, the criminal court will then advise the prosecutor to take the matter to a civil court and the Attorney General has a division which is the Civil Division whose function is to enforce all contracts entered into between parties and Government.
I think the rationale is because that is cumbersome, unfortunately that should be the case and that is what happens in a democratic State. You do not just prosecute because prosecuting is rigorous and it gives a lot of mental anguish. Now, we would want to urge the House that we should take into account that, but in addition to that, I would also say the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement is adequately protected because where a farmer or a contractor has decided to cheat Government, they can be prosecuted if they want to prosecute in terms of committing fraud which is a criminal offence and can be punished by laws. So, at the end of the day, we do not need this particular piece of legislation.
Having said that, I want to read the prepared discourse that we have prepared for further discussion: “In pursuit of its constitutional mandate, as provided for in Section 152 of the Constitution of Zimbabwe, the Parliamentary Legal Committee (PLC), in terms of such considered Statutory Instrument 247 of 2018 entitled Agricultural
Marketing Authority (Command Agriculture Scheme for Domestic Crop, Livestock and Fisheries Production) Regulations, 2018. After the deliberations of the Committee, it unanimously resolved that an adverse report be issued in respect of the Statutory Instrument due to the following reasons:
It is the Committee’s view that the “Command Agriculture
Programme) (hereinafter referred to as (Command Agriculture”), is a Government scheme which provides access to agricultural inputs and a platform for the sale of produce to the farmers. Command Agriculture beneficiaries enter into civil contracts with the Government – I repeat, enter into civil contracts with Government and this is the aspect that we feel is unfair because when you have entered into a civil contract, it is not, it does not and should not be criminalised.
The Committee regards these contracts to be just like any civil contract regulated by the law of contract. As was stated by Innes CJ in the case of Rood and Wallach, 1904. TS “Every agreement ...made deliberately and seriously by a person capable of contracting and having a ground of reason which is not immoral or forbidden by law may be enforced by action.” When we say action, it means that contract can be taken to court but not to a criminal court. Action is another term that we use, for example when issuing summons, it is an action; when you use a court application, it is an action; when you use an urgent application, it is an action.
It appears that Statutory Instrument 247 of 2017 seeks to protect the scheme through criminalising and misappropriation of agricultural inputs and contract produce through criminal punishment. This contravenes Section 49 (2) of the Constitution, which provides that no person may be imprisoned on the grounds of inability to fulfill a contractual obligation – I repeat and I think this is also very important. Our new Constitution actually says, no person maybe imprisoned on the grounds of inability to fulfill a contractual obligation. This Statutory Instrument which the Ministry wants to impose, it actually wants to negate this very clear spirit. In other words, we want to set it aside and say no, despite that the Zimbabweans spoke in the Referendum for the Constitution, it does not matter. We feel that this particular provision should be set aside but we cannot set it aside by way of a Statutory Instrument. If I were to go again to explain that, it means I might actually end up giving a lecture that you cannot repeal, any Act by way of a Statutory Instrument.
I am sure that I will be coming here more often to talk about that and that cannot be done. If the Minister or Government feels that a certain provision, not only the Government but even an individual, even that who is not a Member of Parliament, can motivate the change or repeal or amendment of a provision of an Act but you cannot do it by way of a Statutory Instrument. I would have wanted to say why a Statutory Instrument in particular because a Statutory Instrument in particular is that once it has been gazetted, it becomes law and becomes enforceable immediately upon it being gazetted. The only difference is that once it has been gazetted what then follows is that the Minister responsible for that Statutory Instrument must bring it as soon as possible to Parliament. If Parliament considers it and like in this case, if the Senate agrees with the Adverse Report, then that Statutory Instrument falls away and is no longer of effect. The other way it falls away is after six months if it has not been brought to the House or has not been passed, once again it falls away.
Statutory Instrument 248 of 2018 creates a hypothec in favour of Government to secure the money value of inputs supplied but not consumed in accordance with the scheme of contract. A Statutory hypothec is a civil law principle that allows the unpaid creditor who has secured his loan with a hypothec to force the sale of property
- All agricultural inputs supplied to the contract farmer;
- All contract produced by the contract farmer;
- In the absence of the inputs or produce specified in paragraph (a) or (b) or to the extent that those hypothecated items do not cover the monetary value of the inputs supplied but not consumed in accordance with the scheme contract, any moveable chattel on the land or premises of the contract farmer. Chattel is another term of items that a capable of being attached.
Sections 5, 6 and 7 provide for:
- The misappropriation of agricultural inputs;
- The unlawful sale, purchase and possession of agricultural inputs and contract produce; and
- The misuse of agricultural inputs and contract produce.
The Committee is of the view that a breach of contract to repay debt is not a crime. The first right of the aggrieved party is to approach the civil court to attach and sell securities or other unencumbered properties and recover the defaulted loan (that is agricultural inputs or produce in this case). The Committee opined that the criminalisation of breach of contract is not an option. They should not criminalise because there are other options available to the Minister of Agriculture or
Government which they can rely on and use as I have already stated.
The following options were already provided for in the Statute Book in the Committee’s view.
- that Clause 8 of the Command Agriculture Contract provides that the breach thereof will be dealt with under the civil law since the breach contract between the Government and the farmer is like any other civil contract regulated by law of contract.
- That the laws relating to the recovery of debts be strengthened. They can put stringent measures when they give fertilisers, seed and other inputs so that anyone who plans to default will find it very difficult in doing that, even those buying the inputs can also find it extremely difficult. The laws regulating the recovery of debts be looked into again by Government. They have a civil department to deal with this and they can resolve it.
- That a civil contract entered into by the parties is enforceable in any competent court and in terms of the Contractual Penalties Act (Chapter 8:04). Section 4 of the Contractual Penalties Act stipulates that the penalties in a contractual agreement are enforceable in any competent court.
- That the law relating to theft of trust property formerly referred to as “theft by conversion”, sufficiently covers the intention behind
Statutory Instrument 247 of 2018. According to Section 113 of the Criminal Law (Codification and Reform) Act, (hereafter, referred to as “the Code”), theft is committed when any person is entitled to own, posses or control the property or realising that there is a real risk or possibility that another person may be so entitled and intending to deprive that other person permanently of his or her ownership. There are several other forms of theft such as making off without payment, unauthorized borrowing or use of property, spending another person’s money with the intention of refunding it or consuming another’s property with the intention of replacing it in due course. In the case of State v Kambasha and Another
(HH.36-17 CA 270/15)[2017] ZWHHC 36 “ the court held that the appellants were correctly convicted of theft of trust property in the Code merely denoted a responsibility by the receiver of the money to use it for what is was intended”.
In summary, if a person is entrusted with any property whether it be hard cash or in the bank, that person is not entitled to convert the property to his or her own use without the prior express or implied authority of the owner of the property or his or her duly authorised representative. If the property is so converted to own use without the requisite authority, the crime is completed and therefore committed. It must also be noted that the Code is very clear in Section 112 that there must be an existing contractual and ongoing relationship between the parties for the law of trust property to apply. The parties to the contract are also required to exhaust all civil remedies, including suing for specific performance and cancellation of the agreement amongst others.
Conclusively, Statutory Instrument 247 of 2018 undermines a constitutionally entrenched right that is founded on fairness and justice to all. The Statutory Instrument goes against the founding principle of good governance, which binds not only the Ministry of Agriculture but all agencies of the State, being the principle of transparency, justice and accountability and responsiveness, iterated in Section 3 (2)(g) of the Constitution.
Further the Committee having discovered that Statutory Instrument
247 of 2018 repeals Statutory Instrument 79 of 2017, which the
Parliamentary Legal Committee of the Eighth Parliament issued an
Adverse Report against it. That Adverse Report was adopted by the
Senate of the Eighth Parliament in 2017. Statutory Instrument 247 of 2018 contains provisions that are extremely similar in nature in particular, Statutory Instrument 79 of 2017. Lastly, civil agreements cannot be criminalised as it violates Section 49 (2) of the Constitution.
The Committee unanimously resolved to issue an Adverse Report on the Statutory Instrument, as the concerns earlier raised in my discussion this afternoon.
It is my humble submission Senators that this is another assault that should not be allowed to go through because it is in direct contravention of the Constitution and that once again, like last time I was the Chairman in the Eighth Parliament as most Senators here will remember, and I came and pleaded with the Eighth Parliament of the Senate and they agreed with me. There has being no change except that there are few members of the Senate who are here and maybe the Ministry is trying its luck once again, but I will urge you not to be blinded but to honestly look at the Constitution and see what we are saying. The Constitution is totally against it and I have even cited cases which are totally against it. I have indicated that the Ministry has other remedies which they can use and we see no reason why they cannot rely on those remedies that are already there. I urge the Hon. Members to support the Adverse Report as it pleases Mr. Chairman.
HON. SEN. MAVETERA: Thank you Mr. Chair. One of our fundamental functions as Members of Parliament is to protect the
Constitution and so I am finding it very disturbing when this Statutory
Instrument was brought, it had an adverse report which was given by the PLC. We do not know why the Minister responsible still wants to bring it. In other words, he is trying to force us to break the Constitution. I think it is very unfortunate but I should say; any subsidiary law should not contravene the Constitution. I think it is a waste or abuse of this Hon. House to continue and sit to discuss a Statutory Instrument which contravenes our Constitution which is the Supreme law of the land.
We can only be in a position to discuss it if we amend the Constitution. That is the only position which we should take. Why should we be laboring to go through all that process when there are remedies and instruments to deal with such contractual breach – I find it very disturbing. Our Constitution says we are all equal before the law but this is specifically a Statutory Instrument which is being forced on us just to protect the Government. It is not the only contractual agreement which occurs in our land. There are so many others, are they going to be guided in the same manner – no. So why should we be sitting discussing
it?
So with that little submission, Mr. Chair, I would urge the House to stick and uphold the decision made by the PLC because this is unconstitutional. We cannot be forced and be forced to sit down to deliberate about trying to break the Constitution.
HON. SEN. MAKONI: Thank you Hon. Chair. Just like the
previous speaker has said, I think what we are doing now is an exercise in futility. A similar adverse report was presented to us by the PLC in the 8th Parliament and we upheld the position of the PLC. Now the Minister of Agriculture has come back with the same complaint under Statutory Instrument Number 247 of 2018.
Hon. Chair, there is something called the rule of law in this country. It does not apply to the citizens only. It also applies to the
Executives including the Ministers and the officials in Government.
Any law that subverts the Constitution is wrong, it is illegal. It simply should be thrown out. There are so many people across this land that enter into private agreements. If they had to be treated the same way when they default, then more than half of this nation will be criminals.
I dare see that this year where there is an obvious drought and I would like to think that more than half the people sitting on the other side have been given Government inputs, they will not be able to pay back. So are they all going to be criminals? It does not make sense. You cannot criminalise a civil activity, it is not right, it is wrong and this Government cannot expect us to sit here as the Senate and indulge them that way. We have got a job of overseeing the activities of the Executive. Where they are wrong, we should read them the riot act and this is one such time. They cannot bring this case here and expect us to agree with them. I think as Senate, we should do the right thing; we should uphold the rule of law. They have got remedies of recovering whatever they are owed by farmers. They should follow those rules and not cut corners. Thank you.
HON. SEN. MWONZORA: I appreciate the report coming with the Hon. Member Samukange. I just want to talk about imprisonment for a civil debt that is going to be allowed under the Statutory Instrument. Hon. Chair the logic behind the Constitutional provision was that people who were unable to pay their debts were then lodged in civil prison where they would stay for two to three months. When they got out and were unable to pay, they would be returned again to that prison. The reality of our land reform programme is that it was divided into two; there was the fast track land reform programme and there was the land reform programme where people were settled rather deliberately. However, among the later part, there is A1 and A2 as well. This Government did not forewarn its people that you can only go and acquire land provided you are a person of means. It said everybody is free to go and take land, so the poor, the middle class and the upper class went and took land. They did it in good faith; now they are being told that if they fail to pay, then they can be imprisoned for that debt. What is going to happen is an international embarrassment Mr. Chairman, where thousands and thousands of peasants who are settled in the A1 farms are going to be lodged in prison.
First of all, Zimbabwe does not have the capacity to lodge those people in prison. Secondly, the duty to feed the prisoners rests with the state of Zimbabwe. So, what you are simply doing is that you are taking people from the farms putting them in prison in order to feed them. So, when there is a drought or any other natural catastrophe, we are going to take all the peasants in Mwenezi and put them in Chiredzi prison, take all the peasants in Mutoko and lodge them in Mutoko Prison, all the peasants in Nyanga, Makoni and lodge them either in Rusape Prison or in Mutare prison – that cannot be. For us to allow this is to be irresponsible to our own people. There are ways Hon. Chair of recovering debt and one of these ways is to promulgate a Statutory Instrument that all produce by people who are in debt must be sold to a particular market, then the Government can garnish its monies. In garnishing those monies, it must always enable those people to survive. For example, a peasant sells five bags of maize, it can garnish you one bag to recover its debt. So this Statutory Instrument is unconstitutional. Lastly Mr. Chairman, I am advised that this Adverse Report was given before. If the Executive is aware that there was an adverse report but nevertheless brings that Statutory Instrument back to Parliament, that is contemptuous of Parliament. They are coming to Parliament with dirty hands. What they ought to have done was to rectify the Statutory Instrument first and then bring it to clean their hands. They cannot appear before us, they cannot bring a Statutory Instrument before us with dirty hands and therefore, it must be rejected. Thank you Mr.
Chairman.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr.
Chairman, I am one of those who were in this House when a similar Adverse Report on the same law was presented to this House by the same person and I remember proposing that why do we not defer. That is what I said last time, so that we give the Minister time to tell us what he thinks. Coming back to technicalities, sure as a Parliament, we cannot pass a law which we honestly believe and understand to be unconstitutional. As a Parliament, we cannot do that. The issue is on whether it is unconstitutional, but if we are all clear, whether ZANU PF or MDC, that has proposed to pass this law, we cannot pass this law because we are the same people in this Chamber who passed the Constitution. This is not one of those laws that we say was passed by the white people. I want to be clear about the new dispensation because we want to have transparency. The Constitution was brought to this
House and Section 2 says, this Constitution will be the supreme law. Any law which is inconsistant with any provision of this Constitution is null and void; to the extent of that inconsistence. We passed this in the same House that we would not pass into law any law that contravenes the Constitution. We have to protect the image of Parliament. The Mines and Minerals Act...
THE CHAIRPERSON: Order. The Interpreters are requesting you to stick to one language.
HON. CHIEF CHARUMBIRA: Thank you very much. Shona
is interesting but I will try. The Mines and Minerals Act as we all know, Mr. Chairman was passed by both Houses of Parliament and His Excellency, the President has since rejected signing that into law. We all know that because we somehow slept on the job as Parliament, the two Chambers and the President said, no, how could you pass this. It is an indictment on the capacity of Parliament of Zimbabwe to be caught in that situation. We have never heard the Minister’s, the Ministry and the Attorney General’s argument. That also presents a bit of a problem to me. I do not know whether they have invited them to the Parliamentary Legal Committee to satisfy the requirement of the principle of audi alteram partem, hear both sides, natural justice. I believe that was done. I do not know as I stand here whether we should say no or whether we should say, as Parliament, if we can defer and say that the Minister and
Attorney-General’s Office should explain to us, otherwise we throw away that law. I have never heard from them and that was even the handicap last time.
So Mr. Chairman, I do not know Hon. Samukange, whether as Parliament we can say Minister, can you come and respond on this matter so that we hear from both sides. Thank you very much.
HON. SEN. HUNGWE: Mr. Chairman, I rise not necessarily to debate but to second what the Chief has said. At the same time, I am surprised because I am hearing this for the first time that the Minister concerned and his officials have been in discussion with our chief lawyer and they came to a conclusion that it should proceed, is that exactly what you are saying? We do not know that. We are not so sure because the other part is not here and for that reason Mr. Chairman, I would want to plead with us if we can defer this so that we hear from the Minister. I thank you.
HON. SEN. MUDZURI: Thank you Mr. Chairman. Without being disrespectful to Hon. Sen. Chief Charumbira; he has suggested that we refer to the Minister and to the permanent secretary involved since it came last time, I wonder if that is the procedure. The procedure, as far as I understand is such that this Parliament has to make a decision and they can resubmit it if they want in a different form. What I would want to suggest is that it is the permanent secretary may be who is being stubborn because the Ministers have changed, why should it be coming every year? The behaviour of the Minister and the permanent secretary is ultra vires the Constitution and any debate which is ultra vires the Constitution is not warranted. So we should just throw it out and ask the Minister some other time.
HON. SEN. SHOKO: Thank you Mr. Chairman. I remember the Adverse Report that came in the Eighth Parliament because I also joined in July. That Report came up and as they said, the same Hon. Member of Parliament brought it here and read it to us. I remember that time, we did not debate as much as today. It looks like today we are eager to debate. Mr. Chairman, just to reiterate what the other honourables have said, where a Statutory Instrument violates the Constitution. We do not need to look for the Minister or the Permanent Secretary. We simply say look, it does not fit the standard that we set as the country and therefore we are simply rejecting it. So ordinarily, I am just standing up to say the PLC did a wonderful job; they did it according to the standards that we set here. Therefore, this House should stand up and reject the Statutory Instrument. If they want to bring it back some time, they can bring it back. The alternatives are there. They have explained to say this is a civil debt. So, if it is a civil debt, you will proceed according to the way you recover your civil debts and it is not criminal in any way.
If we start saying it is criminal, it means all the parastatals will come here and criminalise everything. I can give you a very good example because I worked for the NRZ, so I understand. Even a person who has taken a ticket or has put his goods there and they have got an agreement to say you pay monthly, if he does not pay, he will be taken to jail. We do not want to do things like that. The Constitution is clear Mr. Chairman. Let us reject the Statutory Instrument. Let us push it back and if they want to bring it back, they can bring it back. For now, we are saying the Statutory Instrument is ultra vires the Constitution and therefore it is not acceptable in this Hon. House. I thank you Mr.
Chairman.
HON. SEN. MOHADI: Thank you Mr. President. I would first
and foremost want to thank the PLC for their report. Mr. President, I do not think there is anything bad if this report is taken back to the Minister. If the Minister does not comply, that is when we can take the final stand to say we are rejecting it. As of now, the Minister has not given himself time to be with us. We kindly request that the Minister attend to this issue. With these very few words Mr. Chairman, I thank you.
HON. SEN. MWONZORA: I have a point of order. Mr.
Chairman before us is a bad law; a law which is unconstitutional, a law which was brought to this House and was rejected by this very House. There is no reason why we must play back and forth between this House and the Ministry. There is bad law and the procedure is, if there is bad law we make a decision.
THE CHAIRPERSON (HON. SEN. LT. RTD. GEN.
NYAMBUYA): Hon. Senator, you are debating. Can you make the point of order?
HON. SEN. MWONZORA: The point of order Mr. Chairman is
that, now that we are seized with it, it has to be substantively dealt with. It does not have to be referred. Thank you.
HON. SAMUKANGE: I agree with Hon. Sen. Chief Charumbira
that we defer the proceedings and adjourn to tomorrow. Hopefully, the Registrar will refer the adverse report to the Minister but our practice is that before we write an adverse report, we normally refer it to the Minister responsible. Previously, it was Hon. Dr. Mombeshora. He came with his team and they did not agree. We advised them that we were going to issue an adverse report. Later, Hon. Minister Shiri came with the same team of lawyers and I think that maybe the lawyers from the Attorney General are the ones that are misleading them. Again, we advised them that we did not agree. This is the reason why we have this adverse report. So, we have done the consultation.
However, I agree with those who are of the view that the Minister must be given an opportunity. Maybe he can come and persuade the Senate that despite that it contravenes the Constitution, he has got another explanation – [HON. SENATORS: Inaudible interjections.] – give him the chance. In a democratic space, let us give him the chance. Finally, I must say what has happened in some other adverse reports, I had two others that I needed to present. When the Ministers get to know that the matter is now being debated in Parliament, they quickly approach me and say we want to withdraw.
THE CHAIRPERSON: Hon. Samukange, will you just move
that I report progress and then we are going to adjourn it to tomorrow.
HON. SEN. MUDZURI: Point of order Hon. Chairman.
THE CHAIRPERSON: What is your point of order?
HON. SEN. MUDZURI: My point of order is that it is not fair for anyone who is violating the Constitution to continuously repeat that violation and we continue to say we refer. It is a violation which we have all agreed. That is my point of order.
THE CHAIRPERSON: Hon. Mudzuri, your point of order is noted. What I am simply doing is procedure. We are going to adjourn anyway. So, tomorrow you will have the opportunity to make your
point.
HON. SAMUKANGE: I move that you report progress and I seek leave to adjourn until tomorrow.
Motion put and agreed to.
House resumed.
Progress reported.
Committee to Resume: Wednesday, 6th March, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MUZENDA: Madam President, may I move that
Orders of the Day Nos. 2 and 3 be stood over until all the other Orders of the Day have been disposed of.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. KHUPE: Thank you Madam President for giving me
this opportunity to also contribute to this motion which was raised by Hon. Sen. S. K. Moyo. I want to start by saying I congratulate as I have done it in other fora, but I want to do it in this august House, His
Excellency President E. D. Mnangagwa for winning the Presidential Elections which took place in July 30, 2018. It was really a tight contest but like any other contests, there is always one winner and it happened to be him. So, I want to congratulate him.
I also want to congratulate all people who are here who also became Senators by elections starting with the President of the Senate and her Deputy, Rtd. Gen. Nyambuya. In one of his key words, His
Excellency said and I want to quote, “Parliament is a sacred institution”. I know there is no debate about that. It is a sacred institution and as a result, from the President’s Speech, I have to think and I have concluded that one of the key result areas expected of the 9th Parliament has to do with hard work to formulate legislation that will be the basis of broadbased empowerment to free Zimbabweans in their diversity.
Parliament and Senate, it is my belief that we should come up in support of the presentation by His Excellency. We can do that by coming up with legislation that will free people from poverty and corruption so that by the end of 2030, we will be in a better situation. These things can happen if you are really having one vision, one opinion and one mind so that we can achieve a lot.
I want to quote from a Canadian theologian whose name is Dr.
Moses Cody. In his book, ‘Masters of their Destiny’, he said people can do ten times what they think they can. As Senators or as Zimbabweans, what we doubt we cannot achieve under normal circumstances is worth working together; we can actually achieve ten times than what we think.
It is true according to His Excellency that the alignment of laws to the Constitution which became necessary as the consequences of the adoption of the current issues remain work in progress. I think one person who will agree with me is Hon. Sen. Timveos that legislation like the Disabled Persons Act have been waiting to be aligned to the Constitution for a long time and I hope by the end of the term of this Parliament, all will be in place.
Madam President, one of the issues which was touched by His Excellency in his speech was the Traditional Leaders Act which he said would be amended in line with the Constitution and more particularly, to provide for stability and provincial assemblies. I think the majority will agree that traditional leaders in our country are now not being taken serious. They are not given the respect which is due to them. Everyone takes a traditional leader like a small boy or an equal boy to anybody.
I hope the new Act that will be established will give traditional leaders the power they deserve. For example, I have seen in many cases where a traditional leader is approached by a citizen in a local area. The traditional leader makes a judgement and somebody just stands up to say ah, ndine marights angu chief, ngilamarights ami chief, meaning that I also have my rights, you appear to be oppressing me telling the chief.
Really this thing has to stop.
So, I hope, wish and believe this Session of Parliament will come up with legislation that is inclusive and also look at the rights and aspirations of persons with disabilities. With these few words, I thank you Mr. President.
HON. SEN. MUZENDA: Mr. President Sir, I move that the debate do now adjourn,
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. SHOKO: I move that Order of the Day, Number 5 be
stood over, until all the other Orders of the Day have been disposed of.
HON. SEN. CHABUKA: I second. Motion put and agreed to.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER
Sixth Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Human Rights on the Zimbabwean Human Rights Commission annual report.
Question again proposed.
HON. SEN CHIDAWU: Mr. President, I move that the debate do
now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2018.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Seventh Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing small grains.
Question again proposed.
HON. SEN. TONGOGARA: Mr. President Sir, I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2018.
MOTION
SILTATION IN RIVERS AND DAMS
Eighth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. CHIEF CHUNDU: Mr. President, I move that the debate do now adjourn.
HON. SEN. NGEZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2018.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET BOARD
Ninth Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.
Question again proposed.
HON. SEN. MWONZORA: Mr. President, I move that the debate do now adjourn.
HON. SEN. WUNGANAYI: I second:
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2018.
MOTION
OUTBREAKS OF VELD FIRES
Tenth 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: Mr. President, I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2018.
MOTION
PROTECTION OF CATTLE AGAINST TICK-BORNE DISEASES
Eleventh Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.
Question again proposed.
HON. SEN. CHIMBUDZI: I move that the debate do now
adjourn.
HON. SEN. TSOMONDO: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2019.
MOTION
REPORT OF THE 139TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Twelfth Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union (IPU), held in Geneva, Switzerland.
Question again proposed.
HON. SEN. SHOKO: first I would want to thank the Chairman of the SDG Committee because this is where this is coming from and I am also a member of that Committee. SDG simply means Sustainable Development Goals. I also want to thank the people that went to this meeting in Switzerland. Zimbabwe as a country signed for these SDGs and said they would do what is needed in those SDGs. There are seventeen goals but Zimbabwe is dealing with ten. You might ask why they are dealing with ten. The seventeen goals can be achieved by dealing with the ten. There is dovetailing or inter-relationship. If you deal with another one, you are also dealing with another one. So there are ten of them that we are looking at. It is also good for me to read the goals.
These are the areas that we want to deal with when we are talking about these goals. We want to eliminate poverty, hunger, deal with health issues, education and global warming. Global warming is the one that is called climatic change. It changes the climate. It affects the climate where you will then find flooding, a lot lightning and wind. Another goal is gender equality. In our own Constitution, Section 17 talks about gender equality which simply means kuenzanisa females and males. For example, in Parliament I am a Senator and there is a lady Senator also. If I am being given a bicycle by Parliament or there is a condition that says I must be given a bicycle, it also means to say the female must be given a bicycle. That is what we mean by gender equality. Gender equality in many cases has been distorted where we then find conflicts in the home because someone will be saying pano apa taenzana, no. that is not gender equality. Gender equality means what I am simply saying.
There is also the issue of water where we are to get adequate water for our people, sanitation. If you go to a school or the rural areas today, you find people still going into the bush or a school does not have flush system toilets, the ones we use here in town. Then we have the issues of energy, urbanisation and environment. In this House on the Order Paper, we have a motion that talks about environment where people are causing veld fires, that is environment that they are talking about. Then we have social justice which we must practice.
Mr. President, the Committee that went to this meeting had issues that they had to deal with. The first issue that they dealt with was
“Parliamentary Leadership in Promoting Peace, Development in the age of Innovation and Technology Change”. I am very glad that we were also recognised as the Parliament of Zimbabwe because our Speaker for the National Assembly was elected as Chair of another Committee. We also had one of our members in the SDG Committee also elected in the Standing Committee. That is Hon. Sen. Muzenda. She was elected in that Committee and we are very proud to say we have a committee that has people who have been recognised worldwide. They did not end
there.
They also discussed in the Forum of Women Parliamentarians issues like strengthening inter-parliamentary cooperation on migration governance in view of the adoption of global compact for safe orderly and regular migration.
They also discussed the issue of gender equality in science and technology; in this country we call it STEM. They believe that everyone must be taken along when they are discussing about STEM. The girl child must be encouraged to be taking those areas that were reserved for the boy child.
They also discussed about young parliamentarians. The discussion was that the young parliamentarians must be encouraged to participate and in this country, young parliamentarians are those that are 40 years and below. In Zimbabwe, those below 40 years of age cannot go into the Senate but only those above 40 years. However, they encouraged that young politicians must lead our political parties. We have had debates where others were even saying the Constitution must be changed, the President must be 52 years but the world is saying you
must allow the young boys and girls to come into Parliament and debate issues so that they bring the new thinking.
Mr. President, when I talk to my children, I always tell them you are not educated. They asked why and I told them that I wrote Oxford and you wrote ZIMSEC. However, if you compare what I was doing in Oxford, that is the syllabus, there is a very big difference between us and them. So that was one of the items that were discussed in this particular meeting of the 139th IPU Assembly.
Mr. President, it is very important that this House understands that the issues that were discussed there are issues that the leadership must understand. If they are discussing climatic change, it is us who must take it back to the people and explain what climate change is all about. Presently, what happens is that the Hon. Member will be asked to say you will have SDG’s – what does SDG’s mean and which are the areas that are covered by SDG’s? So, as the SDG’s Committee, we feel that we must also come down here and educate our other colleagues about what the SDG’s are concerned about. So, that is very important for us to come down here and help each other to understand what we are talking about when we talk about SDG’s and Climate change. It is an advantage that we had such a committee that brings in all that they have learnt outside so that we understand and when we go back to our constituencies, we are able to then explain to the people that brought us to this House.
So, I want to persuade the Hon. Senators here to not only understand from their point of view, they must also understand what is happening in other committees. The Committee that I am talking about, the SDG’s is a very important committee because it covers all the other areas, all the other Ministries. We are sort of a supervisory committee because we are in all the committees that are in this Parliament.
Mr. President, I am kindly appealing to the Senators to ask for this report. The report is available, can be availed to yourselves so that you can read and understand the topics that are being covered here. When you have meetings in your constituencies, you can then explain what climatic change is all about, the issues of gender, sanitation, water and what the Government is supposed to do. For example in Budget; what are they doing about education, health? Many of you, when we went for the budget seminar, you heard that there is something called Abuja
Declaration. The Abuja Declaration deals with health and the SDG Committee says for us to get to the right issue on health, let us implement the Abuja Declaration; because the Abuja Declaration says 15% of the budget must go to health. It therefore means that if 15% of the budget goes to health, you will be able to get medicines in the hospitals, the best treatment in the hospitals and the best human resources because there is money to that effect.
Mr. President, when we talk about these things, we are not talking about political parties but the people that brought us here. So, it is very important that the Members understand where we are coming from when we are debating these issues. I thank you.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2019.
MOTION
UPGRADING OF TOURIST FACILITIES IN KARIBA
Thirteenth order read: Adjourned debate on motion on the strategic role of tourism to the country’s economic development.
Question again proposed.
HON. SEN. MBOHWA: I would like to thank you Mr. President for affording me this opportunity to debate on this very important motion which was brought to this House by Hon. Sen. Gumbo and seconded by Hon. Sen. Tongogara. It is true if done well, tourism contributes significantly to the growth of our economy in Zimbabwe. Tourism is a major foreign currency earner to our country and even the world at large. Tourism is also a source of revenue or income to our country from our domestic tourists. Mr. President, through tourism, there is culture infusion and multi-cultural tolerance which means people will be able to share ideas, culture and technology. This will also help to improve or strengthen international relations between countries, hence promoting investment opportunities for our country. Having investors in our country, Mr. President will help us to have modern hotels, lodges, good roads, curio shops and talk of anything you would think of. We will also have recreational facilities like swimming and fishing.
As the mover of the motion said, in Kariba, there is need to have an airport, I need to support that also. Easy accessibility to resort areas helps to lure tourists to our country. Imagine it is easy to get from
Harare to Victoria Falls by air but will it be easy for someone to get to Karibafrom Victoria Falls? It is more than 1500 km by road. It is like a kilometre if someone comes from Harare, flies to Victoria Falls, from Victoria Falls, flies to Kariba, from Kariba, flies to Inyanga and from Inyanga flies to Great Zimbabwe. That will improve our tourism industry. I think every resort town should have an airport so that the tourists will easily link all tourist areas. Imagine how much employment will be created with all those things in tourism. Mr. President, I feel, and that is my opinion, that tourism is being grossly underutilised in Zimbabwe. I think the Ministry of Environment and Tourism should move a step up and try to preserve the little things that we have.
Let us talk about the natural resources that we have, our game parks are almost defunct, empty. There are no pangolins, no wild dogs and any animal you would think of. Who would like to visit those empty game parks from abroad, no one and I think something should be done. I think the Ministry should try to do something. In Gokwe North, there is Chirisa Game Park and it is empty. There is Nyaurungwe Game Park and it is empty but hundred herds of elephants and other animals are found in the surrounding rural settlement destroying property. Hyenas are killing goats day in, day out in Gokwe North and they go scot free. They should find ways of regrouping or harnessing those animals back where they are supposed to be. Avail water in those places because that is the core issue. Without water, they will get out again. The Ministry should not just focus on natural resources at game parks alone but even our national heritages.
I went to Great Zimbabwe when I was a school child and what I saw those donkey years back is what is still there right now. No other form of entertainment and it becomes monotonous like what Hon. Sen. Chief Charumbira said. No one would want to go to Great Zimbabwe to see the same things every time. Someone would want to go to Great Zimbabwe to visit the ruins, after visiting ruins, he goes fishing, after fishing, he or she swims and after swimming in the evening, you relax in a good restaurant or hotel but that is all history. It means all those areas need upgrading. Mr. President, I think the Ministry should also move to increase more tourist areas. If you go to Gokwe North, there is Gandavaroyi Falls. Some construction had started long back but they have since stopped and there is something cynic about the area. I think the Chiefs can help me there. Long back, all the witches used to be taken to Gandavaroyi Falls as far as Gutu, Zaka rinopisa, all the names you name them, they will be thrown into Gandavaroyi Falls, thousands of kilometres.
There are falls, though they are small as compared to Victoria Falls and there is a deep gorge where you cannot see its depth. So it means there is something interesting in that and it only needs to be improved. We have spring water in Denda, Chireya but no one looks at it. If someone goes North, he will go to Denda, Gandavaroyi, Chirisa Nyaurungwe and en route to Kariba. More things need to be done to add more tourist centres.
Lastly, Mr. President, let us hope you are not going to stop me like the other day. As legislators, we should lead by example. Instead of visiting these resort areas when on parliamentary business, we should learn to take our families there like Mr. Shoko. He was telling me that sometimes he would take his wife to Kariba and I said yaaah, ndiyo topic yandiri kuda kuno bata nhasi, so that people from the communities that we come from will cherish and follow suit.
With these few words, I would like to thank you Sen. Gumbo for the motion and thank you Mr. President.
HON. SEN. GUMBO: I move that the debate do now adjourn.
HON. SEN. SHOKO: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th March, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. MOHADI, the Senate adjourned at Twenty Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 7th March, 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
SENSITISATION WORKSHOP ON CLIMATE CHANGE
THE HON. PRESIDENT OF SENATE: I wish to remind Hon.
Senators of the Sensitisation Workshop on Climate Change being organised by Parliament of Zimbabwe in conjunction with the Inter Parliamentary Union (IPU) and the United Nations Environment
Programme (UNEP) for Members of the following Committees;
- Portfolio Committee on Lands, Agriculture, Water, Climate and Rural Resettlement.
- Portfolio Committee on Environment and Tourism and
- Thematic Committee on Sustainable Development Goals (SDGs).
All Committee Chairpersons are also invited to this Workshop. The Workshop will be held at the Rainbow Towers on Friday, 8th March, 2019 starting at 0800 hours. All participants must be punctual.
APPOINTMENT OF THE PRIVILEGES COMMITTEE
THE HON. PRESIDENT OF SENATE: May I also inform the
House that on Monday, 18th February, 2019, the Committee on Standing
Rules and Orders nominated the following Hon. Members to serve in the
Privileges Committee;
- Sen. F. Z. Chief Charumbira;
- I. Gonese;
- C. Madiwa;
- T. Mavetera;
- P. Mpariwa: Hon. Dr. M. Nyashanu; and
- J. Samukange.
The Committee’s terms of reference are as follows;
- to investigate whether Hon. T. Mliswa, Hon. L. Chikomba,
Hon. A. Ndebele and Hon. P. D. Sibanda solicited for a bribe of $400 000 from Mr. James R. Goddard as facilitation fee for him to secure a mining contract at Hwange Colliery Company;
- if so established that the concerned Members of Parliament indeed solicited for a bribe, to then determine whether the conduct of the four members constituted a breach of privilege amounting to contempt of Parliament;
- To report in writing its findings and recommendations to the House on 15th March, 2019.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: I have a list of
Ministers who have sought leave of absence. They are -
- K. Coventry - Minister of Youth, Sport, Arts and
Recreation ;
- Y. Simbanegavi - Deputy Minister of Youth, Sport,
Arts and Recreation;
- P. Mupfumira - Minister of Environment, Tourism and
Hospitality Industry;
- R. Modi - Deputy Minister, Industry and Commerce; and
- Prof. P. Mavima – Minister of Primary and Secondary Education.
May I welcome the Ministers who are present; some of them had not been attending Senate for quite a long time.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. CHIEF NEMBIRE: My, question is directed to the
Deputy Minister of Lands, Agriculture, Water Climate and Rural Resettlement. Most of our areas in Zimbabwe are affected by drought. I am asking the Hon. Minister to explain measures they are putting in place in order to carry out cloud seeding in the farming areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO). Thank you Madam Speaker. Government has put in place cloud seeding measures. Unfortunately, the conditions prevailing currently are not favourable for cloud seeding to yield any meaningful rains. That is why the programme has been put on hold as of now until such a time when the ITCZ is over our country and other conditions are favourable to cloud seeding, it will be commenced. Thank you Madam President.
*HON. SEN. CHABUKA: Thank you Madam President. My
question is directed to the Deputy Minister of Energy and Power Development, Hon. Mudyiwa. We were thinking that the black market for petrol and diesel is over after the raising of prices but, I do not know which plans you have in place that we can get diesel and petrol so that the prices of fuel do not go up. Now queues have resurfaced for us to get diesel and petrol. What plans do you have because we are tired of hearing the same story over and over again? We heard that you have paid $6 million but still it has not helped the situation. Thank you.
*THE DEPUTY MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. MUDYIWA): Let me thank the Hon.
Senator for her question in line with the shortage of diesel and petrol in Zimbabwe. The prices of fuel have gone up and I think all of us thought things were now okay but it was short-lived because the queues resurfaced, the reason being that if we create a gap, if we do not get enough foreign currency for us to pay for fuel, those are some of the reasons why we have long queues.
But, because your question is about what plans we have in future to end this problem of fuel, we are doing a lot of things. As the Ministry of Energy and Power Development, we put plans in place but those who buy fuel are others. Even those who deal with fuel are under our Ministry. The other plan that we have in place is, I think you have heard from the Minister and the Permanent Secretary that we have liberalised the importing of fuel that big companies like mining companies, those who have free funds which they can use to import fuel are now allowed to do that. Through that, you will see that the problem will be lessened in Zimbabwe.
On top of that, we will also look at our NOSTRO accounts that in our foreign currency reserves, we do not have any shortages so that we will continue buying fuel and collect it from our depots in Msasa. If there are queues, it is not a sign that there is no fuel but the fuel is bonded, which means that we cannot take it before paying. That is what causes these queues to resurface.
On top of that, the service stations are now allowed to import fuel. So because of that, I think this fuel shortage will be short-lived. Thank you.
*HON. SEN. CHABUKA: Thank you Madam President. I want
to thank the Minister for answering my question. I heard her saying that the owners of filling stations are now allowed to fuel for their filling stations. That is very good but my question is that if they are importing fuel on their own, is it not a sign that the prices will go up?
*HON. MUDYIWA: Thank you Madam President. Even if we
allow them to import fuel into the country, that is why we are there as the Ministry of Energy and Power Development and through ZERA, we monitor such things. Service stations used to import fuel but something did not go well in-between, that is why we stopped it and it was now centralised on the Government. However, we are still looking at that and ZERA will be out in full force looking at such things. We do not expect fuel prices to go up but when things like that happen, there are some culprits but we will be out there in full force so that we try to be within our limit and contain the prices at the current cost.
*HON. SEN. MAVETERE: Thank you Minister for explaining but I remember we heard the Minister coming up with good promises that we have secured fuel for two years. Is the Hon. Deputy Minister in conflict with the statement that was given to the whole nation? We want to find out where that money was channelled to.
*HON. MUDYIWA: Yes we heard that but we engaged each other with the Minister and we came to a conclusion that was not what he meant. As a Ministry we have plans to facilitate and one of the plans is that we want to secure money for fuel but it is not in place at the moment.
*HON. SEN. CHIEF NGEZI: My question is directed to the Deputy Minister of Mines. What plans do you have as Government when you have a disaster like the one that struck at Battlefields? People died because we did not have the means to pump out water from the mines. How is the Government prepared so that when disasters like that strike, it will be easy as the pumps with be within reach?
* THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I want to thank Chief
Ngezi for such a pertinent question. First of all, let me start by correcting Chief Ngezi because we did not have any problems in securing pumps to pump out water but the problem was on the size of the shafts. The shafts that these artisan miners do are very small. Some of them are 1 m x 1 m or 1 m x 0,5 cm but the pumps that we got were too big and could not get into the shafts. The one that we tried only went for about 10 m and could not go any further. So, we ended up using small pumps which could go into the shafts.
I think when you got there, you realised that in one shaft we could put about 2 or 3 shafts to pump out the water. That is the challenge that we faced. We got pumps from Zimplats, RioZim and Afrochine but the pumps were big. As Government we were ready like I said before. We were the first to respond but the challenge that we faced was that of the shafts that were small.
What we are doing from henceforth is that we are holding awareness campaigns where we tell them the minimum standards that we allow to be dug. Our inspectors will also come, supervising and checking whether people are adhering to those standard. We look forward to having teams called proto teams that will react to such emergency cases. Although we have Civil Protection Units in the provinces, we want to beef them with these proto teams. We get the proto teams from our big mines like Zimplats (5 people), RioZim (5 people) and Afrochine (3 people) so that in case of any emergency those are the people who first go with equipment.
We are not looking at water only but we are also looking at a situation where these small mines can collapse because they do not support the shafts. So those teams will be looking at such things in cases where disaster may strike.
*HON. SEN CHIEF CHIKWAKWA: Looking at cancer which
has about 200 types. I want to ask the Minister what plans he has in line with cancer where there is no awareness, like prostate cancer. Also, on the issue of machines which are lying idle and we are told need about US$57 000. As Ministry what are they doing so that these machines can help people and you cannot say your country does not have US$57 000 to resuscitate those machines.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): I want to thank the Chief for such a pertinent question which gives us an opportunity to educate each other. Yes, you can say it is $57 000 and you think that it is little money but where it comes from they are saying it is not enough. That is where the problem is at this moment. The shortage of foreign currency is real. If we are saying we do not have foreign currency it means we do not have it. It is very painful for us in the medical field when we see people in the hospitals in difficult situations, especially when it comes to cancer, it is a disease that we are looking at as a Ministry. We want all the cancer patients to get help. It is one of those chronic diseases which is very deadly. We have received some letters and we have asked for money to repair the machines that we have. I really appreciate your question Hon. Senator because it is also going to help us to get money. I am also appealing to those who are watching, especially the RBZ; we are hoping to see them coming saying we have heard your plea and we know how difficult it is for you as a Ministry.
Dear colleagues, people only start to run around if they are the ones who are directly affected. So, we want to help each other that we should get a chance of getting money which is channeled towards chronic diseases. The situation is the same with those who are affected by kidneys, for them to have dialysis, they should pay $200.00 and now because things have changed because of foreign currency shortages, they now want to increase up to $300. I had to stop that because how can people just wake up and change prices when us from the Ministry are there. So, we want everyone who wants to increase to approach us and give their justifications. They are not the only ones affected but all of us. So, let us maintain our low prices so that we control so that we will be able to put into place everything that is in our country.
This issue of cancer is an ongoing process; we want everyone to be aware that cancer is rampant these days. The researchers are working very hard that they can get medicines to prevent cancer. I was reading a few days ago on what is happening; there is this new thing called STEM Cell technology which is helping cancer patients. However, I am not announcing that this is helping but this is a research that is being done so that we can curb this cancer menace. At least this will give us some hope and we will have a way forward.
THE HON. PRESIDENT OF SENATE: What about the
awareness of cancer in men that is prostate cancer. It seems much is being said on cervical and breast cancer in women.
HON. DR. O. MOYO: Thank you for reminding me Madam
President. As men, we always think that cancer is mainly rampant in women but we also have prostate cancer for men and also breast cancer in men and not only women’s breasts. Cancer can just grow on any part of the body, so it is a good thing that we are educating each other.
We encourage elderly men to visit their clinics for checkups of their prostate and it is a programme that is in the pipeline. That is why we talk about primary health care which starts from villages up to rural health centres. We have village health, rural health centre, district, provincial and central health care centres – all those are places which we want people to be taught and screened for cancer.
HON. SEN. CHIEF CHIKWAKA: We have got three machines
that we are talking about, two at Parirenyatwa, one in Bulawayo.
Madam President, the foreign currency that we want, we can get it from tourists because these are state of the art machines. So, when we talk about supplementary budget, where is the money directed to? Recently we had an outbreak of cholera and many people offered help to an extent that as Parliamentarians we also received prevention offered by those who were helping. So, how come we do not have partners sourced by the Ministry of Health to help us prevent and provide health care on this deadly disease? Where is the challenge?
HON. DR. O MOYO: Thank you Madam President, I have had
what the Hon. Senator has said. The machine at Harare Hospital,
Parirenyatwa and Bulawayo are the three big machines that we have. Right now, we are busy making sure that those machines are resuscitated. We are busy getting into partnerships because those investors have got foreign currency.
HON. SEN. ENG. MUDZURI: Hon. Minister, I have heard you
clearly that you have a challenge of foreign currency to repair those machines. We are crying that we cannot get US$57 000 from the
Minister of Finance yet we are saying health is more important than anything else, so what plans do you have to repair all the machines? From Chiredzi to Masvingo, there is only one X-ray machine which is working. An elderly lady was involved in an accident but could not get help because there was no X-ray machine. This means the country has full of machines which are not working. We are looking at the ease of doing business but we should look at how people can survive without Xray in the whole province. I thank you.
HON. DR. O. MOYO: I am very grateful for the narration given by the Hon. Member of Parliament. When we are talking of shortages of foreign currency, this is a problem. I will repeat so that you may conceptualise what I am saying. I am saying regardless of the shortage of foreign currency, we are trying our utmost best to get these machines working. We also hold talks with the Reserve Bank of Zimbabwe and you have told me that there are many industries and other areas that need that foreign currency. What we should know is that limited foreign currency is for everybody. It is not a prerogative of the Health Ministry only and we know we need this foreign currency. Let me emphasise that as a Ministry, we are now encouraging joint venture partnerships with investors. The advantage of having investors is that they come into the country, bring in foreign currency and equipment and they rehabilitate and refurbish our equipment and modernise our archaic equipment. In that way, we both benefit. This is not an overnight venture but it takes time. We have to plan, make arrangements and make agreements so that we have progress and this bears fruit. I will tell you when we have succeeded in these endeavours, everybody will be very happy regarding the treatment of patients and diagnosis. What you asked is part of the solutions that we are working on in improving the health system in our country and acquisition of ultra modern equipment is our priority and prerogative. Most of the equipment we are using is now 20 years old. This means technically, it is very remote and very archaic. What we want is for our health personnel to be equipped with modern equipment
for their benefit...
*THE HON. PRESIDENT OF SENATE: Hon. Minister, please
address the Chair and not individual MPs.
*HON. DR. O. MOYO: Madam President, I was very happy when Members were asking questions pertaining to health because when we made our investigations and research, we were very much dismayed by the condition of our equipment. As I have said, it is archaic. We need ultra modern equipment which is up to date. As I stated, we are waiting for investors to come in. I thank you.
*HON. SEN. WUNGANAYI: Madam President, in our culture, we talk of the importance of health before we embark on making way for the dead. My question is, Hon. Minister, have you heard that when you bought the health machines in 2011, they were told that they would need $2 million to be paid for five years so that they can be able to service and maintain this new equipment in good condition.
HON. DR. O. MOYO: Madam President, may the Hon. Member
come out into the open and tell us which organisation he is talking about that has received machines in 2011.
THE HON. PRESIDENT OF SENATE: Yes, Hon. Sen.
Wunganayi, please can you explain?
HON. SEN. WUNGANAYI: Madam President, we are talking about cancer machines which is at Parirenyatwa and Bulawayo hospitals. This is the equipment I am talking about. As a Minister, I do not think he has forgotten that he bought equipment for such organisations, he is quite an intelligent man.
*THE HON. PRESIDENT OF SENATE: When we say, you
should address the Chair, the reason is that if you target each other in these discussions like the way you are talking, you will end up exchanging ugly words. Therefore, let us behave like mature Members of this august House. I thank you.
HON. DR. MOYO: Madam President, I am very grateful to this Hon. Member. He has explained and he has talked about particular cancer machines. I need to go back and make a research so that I can give a comprehensive report. I think the best would be for the Hon. Member to give me time and look at the cancer machines bought in 2011 so that I give a proper response. You know very well that I was not a
Member of Parliament, not even a Minister.
HON. S. NCUBE: Thank you Madam President. Though my questions have been asked...
THE HON. PRESIDENT OF SENATE: Are you bringing in a supplementary question.
HON. S. NCUBE: No, it is not a supplementary question. I was saying, though my questions have been asked, I am bringing in a new question but under the Ministry of Health. Minister, have you had any budget for the cancer machines that are in Bulawayo and Parirenyatwa.
Two machines have never worked, they were only installed...
THE HON. PRESIDENT OF SENATE: Address the Chair
Hon. Senator.
HON. S. NCUBE: Madam President, there are two machines that are at Parirenyatwa Hospital that have never worked from 2011 and one machine was just installed but has never worked. What is the Ministry doing about those machines? They were installed but they have never worked.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Madam President, this is a repeat of the previous question that was asked by the other Senator. I did ask for the leave of the House, to go and do my research so that I can give a comprehensive report when I next appear in this House. If I try and respond to that now, I may not give the detailed information needed because Hon. Members have talked about the 2011 machines and I think I need time. I thank you.
*THE HON. PRESIDENT OF SENATE: Hon. Minister, I ask
you to give us the answer in detail and I think this will give you time to make your research so that when you come back you will give us a comprehensive report and this will be of some help to this Hon. Senate.
*HON. CHIRONGOMA: Thank you Madam President. My
question is directed to the Deputy Minister of Lands. What is Government policy regarding the way the cattle are dying because the dipping programme is not functioning? How can we protect cattle from dying?
*THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President. This is a very pertinent question and we know most of the cattle are dying from tick-borne diseases. This is a headache to all farmers and we do agree that many herds of cattle have died because of this tick-borne disease. As Government, we will not sit down and watch these cattle dying. We are going to increase the number of dip tanks in these areas. The biggest problem in the failure of these dip tanks to be operational is we were not able to pay for the chemicals that we use in these dip tanks. It gives me great pleasure to inform this august Senate that the Ministry of Finance and Economic Development is in the process of disbursing about $3 million for the purchase of chemicals for use in these different dip tanks and fight these tick borne diseases. I know the problem we have is obtaining foreign currency. As stated before, foreign currency is derailing our plans.
We also talked about the treatment of diseases faced by the cattle. We are now encouraging farmers to be protective of their cattle and use them as an asset. If a farmer has about a hundred cattle, please sell about two or three herd of cattle and buy medication for vaccinating the other remaining 98 cattle. We know it is Government’s responsibility to protect the farmer and his cattle but there are times whereby we have to use our own initiative, with the farmer taking the initiative of selling this asset. Cattle are an asset and farming is a business. Thank you.
*HON. SEN. RWAMBIWA: Thank you Madam President. I am
directing my question to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement regarding the death of cattle. It is very painful because cattle are a source of wealth to the Africans. Last week, farmers were told to bring their cattle to the dip tanks. From what we know, this is a trick so that when farmers bring their cattle to the dip tanks, they are enumerated. When they are enumerated, farmers will be asked to pay tax for each herd of cattle. What pains farmers is that when these farmers pay the tax, Government will simply collect and leave the farmers without money to buy any vaccines and dipping chemicals. That is why the Minister is now urging farmers to buy their own dipping chemicals which is supposed to be Government’s responsibility.
*HON. KARORO: Madam President, I am mesmerised by what
has been said by the Hon. Senator. The Hon. Senator is saying we are telling lies, so what we may advise you is to go back to the constituencies and check on farmers who heard those lies. The Hon. Member is saying farmers were urged to bring their cattle to the dip tanks so that when they collect the taxes, they simply go out into the darkness without supplying the necessary service. Madam President, this is only happening in her area because in other provinces we did not hear of that. May she please supply me with the name of the area where this happened; the dip tank and the district so that we know the
Veterinary officers who are asking farmers to bring their cattle.
*THE HON. PRESIDENT OF SENATE: Hon. Member, please
put your question in writing and state the details of where you come from and where this invitation was extended to farmers.
*HON. SEN. CHIRONGOMA: Thank you Madam President. I
am directing my question to the Deputy Minister of Mines and Mining Development. We had a very big problem in Mashonaland West where we have people who died in the accident which happened in Kadoma area. Hon. Minister, what plans have you put in place so that these artisanal miners carry out their mining activities safely and operate legally?
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I thank the Hon. Senator
for the question. What I may advise is that we have not put any new laws but we already have laws that are in operation relating to safety of these farmers. We are talking about miners who were involved in an accident in the areas of Battlefields. These miners had been warned by the Environmental Management Agency that they should stop mining but they continued mining despite that warning. What we are saying as Government is, maybe when we issue such warnings we should see whether people are adhering to our policies and if they continue doing these illegal mining activities, then we involve the police force to arrest them.
HON. SEN. S. MPOFU: Thank you Madam President. My
question is directed to the Minister of Health and Child Care, Hon. O. Moyo. What is Government policy on preventing the smuggling or importation of counterfeit drugs into the country? What measures are there to stop such medicine being sold on the black market? Thank you.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Madam President. Thank you Hon.
Senator for that very educational question. We encourage people to stay away from buying medicines which are being sold on the streets. It is very dangerous but you will continue finding these people coming through. However, we are working together with the police department to ensure that those who try to smuggle drugs are apprehended. The ZRP has got a department which deals strictly with that and they are working in conjunction with our Medicines Control Authority of
Zimbabwe.
So, I just want to thank the Senator for that question because some people think that if they get medicines which are cheaper in the streets, they think that they are doing themselves a favour they are actually doing themselves harm by taking those medicines. You could end up with some permanent conditions as a result of taking those counterfeit medicines. When we say counterfeit medicines, sometimes those medicines might even not be effective. They will fill up the capsules with ash and you think that you are taking a proper antibiotic or if they want to cheat even better, they will fill it up with powdered paracetamol. That is very common, so that you feel some relief of pain because of that paracetamol which you will be thinking it is probably an effective antibiotic. It is encouraged Madam President, and I am happy that this is a live session, we also want the constituents to know that they must not buy medicines off the streets. There might be shortages of medicines in Zimbabwe and there might be some unscrupulous pharmacies who might be selling medicines at high prices and people resort to go and buy medicines off the streets - we do not recommend that. We are actually going to set up a blitz on all those people who are selling medicines off the streets.
Those are fake medicines and they are medicines which are not supposed to be given willy-nilly. Medicines have to be prescribed and we have to be absolutely careful on what we ingest as humans in terms of medicines. It must be the correct medicines. I thank you Madam President.
HON. SEN. SINAMPANDE: Madam President, we are asking
for the extension of time to the Questions Without Notice for 15 minutes.
HON. CHINAKE: I second.
*HON. FEMAI: Thank you Madam President. Let me start by
explaining.
*THE HON. PRESIDENT OF SENATE: Can you start by
posing your question?
*HON. FEMAI: That is where I am going. Madam President, if I do not give a narration of what I want to ask they may not understand me.
*THE HON. PRESIDENT OF SENATE: This is Question
Time, and so please just ask your question. The time for debating will come later. My question was going to come from my narration because you cannot just scratch seeing what bites you.
*HON. SEN. ZIVIRA: I am directing my question to the Minister of Health and Child Care. The Minister has explained that there is going to be an awareness programme for people to be tested for cancer. Supposing there are lots of people who have been attacked by cancer when we have so many cancer machines which are out of order, it means most of these people will end up going to queue at Parirenyatwa Group of Hospitals.
*THE HON. PRESIDENT OF SENATE: I think this question is
no longer relevant because you are coming to the same question. So, you do not have to ask the same question in different ways. We have talked of the breakdown of machines. So, my apologies please.
*HON. SEN. GUMPO: My question is directed to the Minister of
Health and Child Care. I do not know whether he has heard that Kariba Hospital has been burnt by fire. The dispensary has been destroyed and all the medicines have been burnt. All the X-ray machines and offices are burnt.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Yes, Madam President, we have heard the news. It is sad that our hospitals are burnt down. Last month Mbuya Nehanda was destroyed by fire and now it is Kariba. The fire started in the pharmacy and they are saying it is an electrical fault. It spread to the X-ray department and another section which was burnt down. They were burnt down to ashes. With the shortage of foreign currency, we are now in a dire situation and so we are now engaging our partners UN and WHO.
Thank you Hon. Senator and I think that is where he comes from. *HON. SEN. TONGOGARA: We have noticed that most of the
machines in these hospitals are breaking down and we have fires starting at these hospitals. Are these hospitals fully prepared for fighting such fires because we need to have fire extinguishers? I am asking this question because in most cases when the Fire Brigade comes to such scenes of fire, they do not have equipment to put out those fires.
*HON. DR. O. MOYO: Yes, Madam President. In all our
hospitals, there is no hospital which is allowed to operate without fire fighting equipment. All this equipment will be there and the water will be there. We may have problems when these fire fighters come to extinguish the fires when they do not have water but as health institutions, it is part of our regulations that each and every hospital should have functioning fire extinguishers which are checked every quarter on functionality and see if they can be used for such disasters.
*HON. SEN. ZIVIRA: Thank you Madam President. My
question is directed to the Minister of Home Affairs. At the Passport Offices, a lot of people are applying for these passports and yet the workers are very few. People get up very early in the morning and leave late without getting any services. What is the Ministry doing to curb this problem?
*THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Madam
President. I thank the Hon. Senator for asking this pertinent question.
We know that we have a lot of people who have applied for passports. Let me put this on record. The problem is not on the shortage of workers but on the accessories and equipment needed for the manufacture and printing of passports. The main problem in this issue is foreign currency which should be used in purchasing stationery for printing these passports. As a result, we have fewer people who are allocated these passports and many people are turned away empty handed.
*HON. SEN. CHINAKE: Thank you Madam President. My
question is directed to the Deputy Minister of Mines and Mining Development. Ministers are saying there is a shortage of foreign currency but Zimbabwe is endowed with a lot of diamonds. Are these diamonds not able to give us enough foreign currency for our services?
*THE DEPUTY MINISTER OF MINES AND ENERGY DEVELOPMENT (HON. KAMBAMURA): As miners, we mine
these diamonds and take them to the Minerals Marketing Authority of Zimbabwe and they take these to the Reserve Bank. So, I would advise you Hon. Member to put your question writing.
*HON. SEN. KOMICHI: Thank you Madam President. My
question is directed to the Leader of the House. In the old dispensation, we had problems with the food distribution programme in rural areas and members of the opposition were denied access to food. The food was disbursed on partisan lines. As far as we are concerned, as of now, because of the El Nino effect, there is going to be a lot of drought.
My question is - what is Government policy regarding the distribution of food to people who will be suffering without practising partisan politics? What is Government’s policy - because we have already started disbursing food handouts to people?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you very
much for the question on the distribution of drought relief to people suffering from hunger, especially in rural areas. We not only distribute in rural areas but, we have also been distributing in urban areas. As Government, we distribute food to everybody within the country and we do not discriminate according to race, colour, creed or partisan lines. In rural areas, the Government works through the existing channels such as chieftainship, councillors and the names of the householders to benefit are written down and the food is distributed according to that plan. If ever there is anybody who is distributing food against these guidelines, then that is illegal.
*THE HON. PRESIDENT OF SENATE: The question was, if
food is going to be distributed now, are you going to give food to everybody? The Hon. Member wants to hear the plans which you have.
*HON. ZIYAMBI: Government has not changed its policy.
Ever since we started food distribution, we did not distribute food handouts according to partisan lines, but what we looked at was, are you part of the people who were written down as beneficiaries in these villages. Maybe the problem which is faced by Hon. Sen. Komichi is that we have people concentrated belonging to one party in those areas. So as far as he is concerned, when he asked those people receiving food, he thinks that they are only giving to people of the same party, yet everybody is a beneficiary. – [HON. SENATORS: Inaudible interjections.] –
THE DEPUTY PRESIDENT OF SENATE: Order, Hon.
Senators, you should allow the Minister to finish answering the question which has been asked and if you do not agree or you feel that the question has not been answered properly, you have a right to ask a supplementary question. Let us have order in the House.
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 ZRP OFFICERS AGAINST ARMED CRIMINALS
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to state measures being taken to protect the Zimbabwe Republic Police officers against armed criminals.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. I thank Hon. Sen. Chimbudzi for the question.
Mr. President, I wish to point out from the onset that, my Ministry is indeed concerned with incidences in which police officers are harmed by criminals during the execution of their constitutional mandate. My Ministry strongly condemns such acts of narrow mindedness and barbarism.
I want to assure the Hon. Senator that, the Zimbabwe Republic Police officers are trained to maintain law and order and to protect property. In the performance of their duties, the Zimbabwe Republic
Police officers have to confront armed criminals, at times and in order to do so, the police officers are trained in weapon handling and self defence. Periodic refresher courses are also taken by the police officers to keep them abreast with changes in criminals’ modus operandi.
Specific sections like the Criminal Investigation Department and the Support Unit normally pursue armed criminals such as poachers and armed robbers. The officers will be armed and will take the necessary action to bring the criminals to book.
However, officers from other sections may also encounter armed criminals and if they are also armed they will respond to the threat. If not, they will call for back-up. As national leaders, we should also inculcate in the minds of the citizenry that police officers need to be accorded the respect they deserve, particularly during execution of duty.
As a Ministry and Government, we should continue to preach the gospel of peace and tolerance towards each other. In this regard, it is my fervent hope that unscrupulous elements in our society take heed. Thank you Mr. President.
SPREAD OF DISEASES ON CATTLE
- HON. SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to explain to the House measures being taken to control the spread of cattle diseases in rural communities in Chegutu and Mhondoro areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Cattle in Chegutu and Mhondoro are dying from tick-borne diseases because of shortage of dip chemicals. Dip chemical manufacturers are failing to access foreign currency to import raw materials. The Department of Veterinary Services is prioritising those areas with the little dip that becomes available. We are also urging farmers to dip their own cattle using registered chemicals from registered outlets. There are fake dip chemicals on the market. The Department of Veterinary Services has also conducted mobile clinics and treated more than 1000 cattle for free. Awareness campaigns are ongoing.
WHEAT BUYING PRICES AND PAYMENT MODALITIES
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to inform the House the current wheat buying prices and payment modalities.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The current producer price for wheat is $621.50 per metric tonne net (RTGs) and millers are purchasing the same at $407 per metric tonne. GMB is paying farmers through its Systems Application Procedures (SAP) system into their bank accounts in a similar manner as payments are made for maize deliveries.
RECONSTRUCTION OF DAM WALLS DESTROYED DURING THE
PAST RAIN SEASON
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to apprise the House when the reconstruction of dam walls which were destroyed during the previous rain season will commence.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I will give a background to appraise the House in line with the question raised by Hon. Senator Chief Chundu. A total of about 266 dams were destroyed or extensively damaged by rainfall, especially during the 2016/17 flooding season. The total investment required for the rehabilitation of dams which were breached or damaged by Cyclone
Dineo is approximately US$67 million. US$2 million was availed by the
Ministry of Finance and Economic Development last year, 2018 (in September), to carry out the rehabilitation of prioritised dams, which implies there is a deficit of US$65 million.
For the availed $2 million, rehabilitation work commenced on a total of 23 dams tabulated below (Table 1). However, due to the changing prices of key materials such as cement, the budgeted resources are no longer enough to complete the works. The Ministry is anticipating additional funds from the 2019 Budget for the continuation of the rehabilitation exercise.
Apart from the $2 million facility, the Ministry has also been rehabilitating some of the community dams under the National Water Harvesting Programme through the Water Fund. Work was done at 33 community dams under the programme, with the rehabilitation work completed at dams such as Muchesu Dam, Ward 12 in Binga; Village 7
Dam in Ward 15, Bulilima and Chitowa Dam in Ward 6, Murehwa
District.
Table 1: Priority list of breached and damaged dams requiring rehabilitation
Province | District | Dam | Description/Nature of damage | Estimated Cost |
Harare | Harare | Eyecourt | Repair of breached wall | $150 000 |
Manicaland | Mutasa | Odzani | Repair outlet works | $50 000 |
Manicaland | Mutasa | Smallbridge | Repair outlet works | $50 000 |
Manicaland | Mutare | Nahoon Estate | Repair damaged wall | $65 000 |
Mashonaland
Central |
Mazowe | Negomo | Repair dam and outlets | $75 000 |
Mashonaland
Central |
Mt. Darwin | Kangaire | Remove silt | $75 000 |
Mashonaland
Central |
Centenary | Mhene | Repair of breached wall | $100 000 |
Mashonaland
East |
Marondera | Efexdale | There is leakage under the spillway cill | $75 000 |
Mashonaland | Kadoma | Claw | Repair radial gates | $125 000 |
West | ||||
Masvingo | Masvingo | Magudu | Repair of breached dam | $100 000 |
Masvingo | Chivi | Makonese | Repair dam, de-silt dam and outlets | $75 000 |
Masvingo | Zanada | Repair of damaged dam | $100 000 | |
Masvingo | Chiredzi | Chipisa and Landsdowns | Repair of damaged wall | $120 000 |
Matebeleland North | Bulilima | Mananda | Removal of silt and repair of dam | $75 000 |
Matebeleland North | Bulawayo | Upper Umguza | Repair tilting gates and outlets | $85 000 |
Matebeleland South | Kezi | Valley | Dam repair and outlet replacement | $75 000 |
Matebeleland South | Insiza | Silalabuhwa | Dam repair and outlet replacement | $125 000 |
Matebeleland South | Gwanda | Tuli Makwe | Outlet replacement and rehabilitation of pumping infrastructure | $210 000 |
Matebeleland South | Beitbridge | Beitbridge 1 and 2 | Maintenance of dam embankments and access road (excl grouting required on dam 2) | $70 000 |
Matebeleland North | Kwekwe | Exchange | Repair dam and outlets | $65 000 |
Midlands | Mberengwa | Mayoka | Repair of dam | $60 000 |
Midlands | Gweru | Mutorahuku | Remove silt and open outlet works buried by silt | $75 000 |
Sub-total | $2 000 000 |
RESUSCITATION OF SAND ABSTRACTION IN MUKUMBURA
RIVER
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to state when the Ministry will resuscitate sand abstraction in Mukumbura River in order to provide a constant water supply to Mukumbura Growth Point.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I would like to inform Hon. Sen. Chimbudzi that Mukumbura River morphology was affected by the 2014 floods resulting in the changing of the river course into an entirely new channel and affecting the water abstraction point. As a result, there was need to relocate the abstraction point and due to landmines infested in the areas demining exercise was first required.
The Zimbabwe National Army (ZNA) was engaged to do the demining and the water supply was resuscitated in June, 2014. The whole centre started receiving constant water supply. However, in 2015 the yield of the borehole reduced significantly and very little water was being pumped and was not sufficient to meet the water requirements of the area. The pumping operations proved costly and were subsequently stopped. A hydro-geological assessment done showed that the area has very poor underground water potential.
A new abstraction point has since been identified. However, as usual, demining is required before the work commences. The designs of the new system are now in place and work will commence as soon as the demining process is completed. The resuscitation of the system will cost approximately $900 000 and the Ministry is seized with the mobilising of funds to immediately embark on the project. Currently, the community is relying on water supply from a borehole drilled at
Mukumbura Township.
RESTOCKING OF LIVESTOCK IN RESETTLEMENT AREAS
- HON. SEN. CHIMBUDZI asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement whether the
Ministry has any plans to restock livestock in resettlement areas and to clarify whether it is permissible for A1 farmers to breed goats.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government is pursuing the Command Livestock
Programme which does not discriminate on type of farming area to be restocked. Both A1 and A2 farmers are permitted to breed goats. In actual fact, every farming sector is allowed to breed goats.
RESUMPTION OF THE WATER AND SANITATION PROGRAMME
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to advise when the Ministry would resume the Water and Sanitation Programme under which wells were dug in rural areas, thereby improving access to clean water.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government, through the Ministry of Health and Child
Care and District Development Fund (DDF), used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland provinces, due to the relatively high water tables. Now the focus has shifted to borehole drilling, piped water schemes rehabilitation/construction, equipping of deep wells and rehabilitation of mal-functional boreholes, due to the climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case, wells. Various programmes are being undertaken in the rural areas where such development are realised (e.g. the Rural Wash Programme).
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority (ZINWA) and the programme is also on-going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, $2 million has been allocated for the programme under the 2019 National Budget.
DDF used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland Provinces due to the relatively high water tables. Now, the focus has shifted to borehole drilling, piped water schemes, rehabilitation or construction of deep wells and rehabilitation of malfunctional boreholes due to climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case wells. Various programmes are being undertaken in the rural areas where such developments are realized, for example the rural watch programme.
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority. The programme is also on going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, two million dollars has been allocated for the programme under the 2019 National Budget. I thank you
Questions with Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order Number 62.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Order of the Day, Number 1
on Today’s Order Paper be stood over until all the Orders of the Day have been disposed off.
HON. SEN. KHUPE: I second
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS
Second Order read: Adjourned debate on motion condemning all forms of violence.
Question again proposed.
HON. SEN. SHOKO: I move that the debate do now adjourn.
HON. SEN. SIBANDA: I second
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 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. MUZENDA: I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Fourth Order read: Adjourned debate on motion on the need to educate the nation on the importance of inter-cropping and growing small grains.
Question again proposed.
+HON. SEN. GUMPO: Thank you Mr. President. I would like to add my voice on the motion that was brought into this House on small grains. The motion came at an appropriate time to us. As Members of the Senate, we have to take this motion very seriously. However, one thing that I am happy about is that more of our female Members of Parliament in this House debated a lot on this which is an indication that this motion is very important when it comes to the lives of the people.
In my own view, I think we should give this motion a name to say all homes are homes because of a lady. More of the female parliamentarians in this house debated and contributed a lot on this motion which is a sign of how important the motion is. Women are the ones who take care of everyone in the homes and when we look at what is happening, we are experiencing a drought season which might be a warning to us. So this is a motion that is very important which reminds us to look back on what our grandparents used to eat and what they used to feed us on. They used to feed us on small grains.
We do not know maybe in the next coming years we might have drought again and if that is going to happen, it is an indication that as a country we are faced with a challenge. In my view, I think as the Members of the Senate, we should take this motion seriously when we look at our life in the near future. It is my wish that the motion that was brought by Hon. Sen. Tongogara will end up being a Bill that will be brought into Parliament to indicate on how much of small grains should we plough as a nation comparing with other grains that we plough as a nation. We should have a certain percentage that will force everyone in this country to plough, for example, if it is 10% or 15%, everyone in the country will have to adhere to that and this will protect our food security.
If we face another drought season and we do not have small grains, we are most likely to face a challenge as a nation. I thank you Mr.
President.
HON. SEN. TONGOGARA: I move that the debate do now
adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Fifth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. CHIEF CHUNDU: I move that the debate do now adjourn.
HON. SEN. CHIEF MATHUPULA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. KHUPE, the Senate adjourned at Fourteen Minutes past Four o’clock p.m. until Tuesday, 26th March, 2019.
PARLIAMENT OF ZIMBABWE
Thursday, 7th March, 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
SENSITISATION WORKSHOP ON CLIMATE CHANGE
THE HON. PRESIDENT OF SENATE: I wish to remind Hon.
Senators of the Sensitisation Workshop on Climate Change being organised by Parliament of Zimbabwe in conjunction with the Inter Parliamentary Union (IPU) and the United Nations Environment
Programme (UNEP) for Members of the following Committees;
- Portfolio Committee on Lands, Agriculture, Water, Climate and Rural Resettlement.
- Portfolio Committee on Environment and Tourism and
- Thematic Committee on Sustainable Development Goals (SDGs).
All Committee Chairpersons are also invited to this Workshop. The Workshop will be held at the Rainbow Towers on Friday, 8th March, 2019 starting at 0800 hours. All participants must be punctual.
APPOINTMENT OF THE PRIVILEGES COMMITTEE
THE HON. PRESIDENT OF SENATE: May I also inform the
House that on Monday, 18th February, 2019, the Committee on Standing
Rules and Orders nominated the following Hon. Members to serve in the
Privileges Committee;
- Sen. F. Z. Chief Charumbira;
- I. Gonese;
- C. Madiwa;
- T. Mavetera;
- P. Mpariwa: Hon. Dr. M. Nyashanu; and
- J. Samukange.
The Committee’s terms of reference are as follows;
- to investigate whether Hon. T. Mliswa, Hon. L. Chikomba,
Hon. A. Ndebele and Hon. P. D. Sibanda solicited for a bribe of $400 000 from Mr. James R. Goddard as facilitation fee for him to secure a mining contract at Hwange Colliery Company;
- if so established that the concerned Members of Parliament indeed solicited for a bribe, to then determine whether the conduct of the four members constituted a breach of privilege amounting to contempt of Parliament;
- To report in writing its findings and recommendations to the House on 15th March, 2019.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: I have a list of
Ministers who have sought leave of absence. They are -
- K. Coventry - Minister of Youth, Sport, Arts and
Recreation ;
- Y. Simbanegavi - Deputy Minister of Youth, Sport,
Arts and Recreation;
- P. Mupfumira - Minister of Environment, Tourism and
Hospitality Industry;
- R. Modi - Deputy Minister, Industry and Commerce; and
- Prof. P. Mavima – Minister of Primary and Secondary Education.
May I welcome the Ministers who are present; some of them had not been attending Senate for quite a long time.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. CHIEF NEMBIRE: My, question is directed to the
Deputy Minister of Lands, Agriculture, Water Climate and Rural Resettlement. Most of our areas in Zimbabwe are affected by drought. I am asking the Hon. Minister to explain measures they are putting in place in order to carry out cloud seeding in the farming areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO). Thank you Madam Speaker. Government has put in place cloud seeding measures. Unfortunately, the conditions prevailing currently are not favourable for cloud seeding to yield any meaningful rains. That is why the programme has been put on hold as of now until such a time when the ITCZ is over our country and other conditions are favourable to cloud seeding, it will be commenced. Thank you Madam President.
*HON. SEN. CHABUKA: Thank you Madam President. My
question is directed to the Deputy Minister of Energy and Power Development, Hon. Mudyiwa. We were thinking that the black market for petrol and diesel is over after the raising of prices but, I do not know which plans you have in place that we can get diesel and petrol so that the prices of fuel do not go up. Now queues have resurfaced for us to get diesel and petrol. What plans do you have because we are tired of hearing the same story over and over again? We heard that you have paid $6 million but still it has not helped the situation. Thank you.
*THE DEPUTY MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. MUDYIWA): Let me thank the Hon.
Senator for her question in line with the shortage of diesel and petrol in Zimbabwe. The prices of fuel have gone up and I think all of us thought things were now okay but it was short-lived because the queues resurfaced, the reason being that if we create a gap, if we do not get enough foreign currency for us to pay for fuel, those are some of the reasons why we have long queues.
But, because your question is about what plans we have in future to end this problem of fuel, we are doing a lot of things. As the Ministry of Energy and Power Development, we put plans in place but those who buy fuel are others. Even those who deal with fuel are under our Ministry. The other plan that we have in place is, I think you have heard from the Minister and the Permanent Secretary that we have liberalised the importing of fuel that big companies like mining companies, those who have free funds which they can use to import fuel are now allowed to do that. Through that, you will see that the problem will be lessened in Zimbabwe.
On top of that, we will also look at our NOSTRO accounts that in our foreign currency reserves, we do not have any shortages so that we will continue buying fuel and collect it from our depots in Msasa. If there are queues, it is not a sign that there is no fuel but the fuel is bonded, which means that we cannot take it before paying. That is what causes these queues to resurface.
On top of that, the service stations are now allowed to import fuel. So because of that, I think this fuel shortage will be short-lived. Thank you.
*HON. SEN. CHABUKA: Thank you Madam President. I want
to thank the Minister for answering my question. I heard her saying that the owners of filling stations are now allowed to fuel for their filling stations. That is very good but my question is that if they are importing fuel on their own, is it not a sign that the prices will go up?
*HON. MUDYIWA: Thank you Madam President. Even if we
allow them to import fuel into the country, that is why we are there as the Ministry of Energy and Power Development and through ZERA, we monitor such things. Service stations used to import fuel but something did not go well in-between, that is why we stopped it and it was now centralised on the Government. However, we are still looking at that and ZERA will be out in full force looking at such things. We do not expect fuel prices to go up but when things like that happen, there are some culprits but we will be out there in full force so that we try to be within our limit and contain the prices at the current cost.
*HON. SEN. MAVETERE: Thank you Minister for explaining but I remember we heard the Minister coming up with good promises that we have secured fuel for two years. Is the Hon. Deputy Minister in conflict with the statement that was given to the whole nation? We want to find out where that money was channelled to.
*HON. MUDYIWA: Yes we heard that but we engaged each other with the Minister and we came to a conclusion that was not what he meant. As a Ministry we have plans to facilitate and one of the plans is that we want to secure money for fuel but it is not in place at the moment.
*HON. SEN. CHIEF NGEZI: My question is directed to the Deputy Minister of Mines. What plans do you have as Government when you have a disaster like the one that struck at Battlefields? People died because we did not have the means to pump out water from the mines. How is the Government prepared so that when disasters like that strike, it will be easy as the pumps with be within reach?
* THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I want to thank Chief
Ngezi for such a pertinent question. First of all, let me start by correcting Chief Ngezi because we did not have any problems in securing pumps to pump out water but the problem was on the size of the shafts. The shafts that these artisan miners do are very small. Some of them are 1 m x 1 m or 1 m x 0,5 cm but the pumps that we got were too big and could not get into the shafts. The one that we tried only went for about 10 m and could not go any further. So, we ended up using small pumps which could go into the shafts.
I think when you got there, you realised that in one shaft we could put about 2 or 3 shafts to pump out the water. That is the challenge that we faced. We got pumps from Zimplats, RioZim and Afrochine but the pumps were big. As Government we were ready like I said before. We were the first to respond but the challenge that we faced was that of the shafts that were small.
What we are doing from henceforth is that we are holding awareness campaigns where we tell them the minimum standards that we allow to be dug. Our inspectors will also come, supervising and checking whether people are adhering to those standard. We look forward to having teams called proto teams that will react to such emergency cases. Although we have Civil Protection Units in the provinces, we want to beef them with these proto teams. We get the proto teams from our big mines like Zimplats (5 people), RioZim (5 people) and Afrochine (3 people) so that in case of any emergency those are the people who first go with equipment.
We are not looking at water only but we are also looking at a situation where these small mines can collapse because they do not support the shafts. So those teams will be looking at such things in cases where disaster may strike.
*HON. SEN CHIEF CHIKWAKWA: Looking at cancer which
has about 200 types. I want to ask the Minister what plans he has in line with cancer where there is no awareness, like prostate cancer. Also, on the issue of machines which are lying idle and we are told need about US$57 000. As Ministry what are they doing so that these machines can help people and you cannot say your country does not have US$57 000 to resuscitate those machines.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): I want to thank the Chief for such a pertinent question which gives us an opportunity to educate each other. Yes, you can say it is $57 000 and you think that it is little money but where it comes from they are saying it is not enough. That is where the problem is at this moment. The shortage of foreign currency is real. If we are saying we do not have foreign currency it means we do not have it. It is very painful for us in the medical field when we see people in the hospitals in difficult situations, especially when it comes to cancer, it is a disease that we are looking at as a Ministry. We want all the cancer patients to get help. It is one of those chronic diseases which is very deadly. We have received some letters and we have asked for money to repair the machines that we have. I really appreciate your question Hon. Senator because it is also going to help us to get money. I am also appealing to those who are watching, especially the RBZ; we are hoping to see them coming saying we have heard your plea and we know how difficult it is for you as a Ministry.
Dear colleagues, people only start to run around if they are the ones who are directly affected. So, we want to help each other that we should get a chance of getting money which is channeled towards chronic diseases. The situation is the same with those who are affected by kidneys, for them to have dialysis, they should pay $200.00 and now because things have changed because of foreign currency shortages, they now want to increase up to $300. I had to stop that because how can people just wake up and change prices when us from the Ministry are there. So, we want everyone who wants to increase to approach us and give their justifications. They are not the only ones affected but all of us. So, let us maintain our low prices so that we control so that we will be able to put into place everything that is in our country.
This issue of cancer is an ongoing process; we want everyone to be aware that cancer is rampant these days. The researchers are working very hard that they can get medicines to prevent cancer. I was reading a few days ago on what is happening; there is this new thing called STEM Cell technology which is helping cancer patients. However, I am not announcing that this is helping but this is a research that is being done so that we can curb this cancer menace. At least this will give us some hope and we will have a way forward.
THE HON. PRESIDENT OF SENATE: What about the
awareness of cancer in men that is prostate cancer. It seems much is being said on cervical and breast cancer in women.
HON. DR. O. MOYO: Thank you for reminding me Madam
President. As men, we always think that cancer is mainly rampant in women but we also have prostate cancer for men and also breast cancer in men and not only women’s breasts. Cancer can just grow on any part of the body, so it is a good thing that we are educating each other.
We encourage elderly men to visit their clinics for checkups of their prostate and it is a programme that is in the pipeline. That is why we talk about primary health care which starts from villages up to rural health centres. We have village health, rural health centre, district, provincial and central health care centres – all those are places which we want people to be taught and screened for cancer.
HON. SEN. CHIEF CHIKWAKA: We have got three machines
that we are talking about, two at Parirenyatwa, one in Bulawayo.
Madam President, the foreign currency that we want, we can get it from tourists because these are state of the art machines. So, when we talk about supplementary budget, where is the money directed to? Recently we had an outbreak of cholera and many people offered help to an extent that as Parliamentarians we also received prevention offered by those who were helping. So, how come we do not have partners sourced by the Ministry of Health to help us prevent and provide health care on this deadly disease? Where is the challenge?
HON. DR. O MOYO: Thank you Madam President, I have had
what the Hon. Senator has said. The machine at Harare Hospital,
Parirenyatwa and Bulawayo are the three big machines that we have. Right now, we are busy making sure that those machines are resuscitated. We are busy getting into partnerships because those investors have got foreign currency.
HON. SEN. ENG. MUDZURI: Hon. Minister, I have heard you
clearly that you have a challenge of foreign currency to repair those machines. We are crying that we cannot get US$57 000 from the
Minister of Finance yet we are saying health is more important than anything else, so what plans do you have to repair all the machines? From Chiredzi to Masvingo, there is only one X-ray machine which is working. An elderly lady was involved in an accident but could not get help because there was no X-ray machine. This means the country has full of machines which are not working. We are looking at the ease of doing business but we should look at how people can survive without Xray in the whole province. I thank you.
HON. DR. O. MOYO: I am very grateful for the narration given by the Hon. Member of Parliament. When we are talking of shortages of foreign currency, this is a problem. I will repeat so that you may conceptualise what I am saying. I am saying regardless of the shortage of foreign currency, we are trying our utmost best to get these machines working. We also hold talks with the Reserve Bank of Zimbabwe and you have told me that there are many industries and other areas that need that foreign currency. What we should know is that limited foreign currency is for everybody. It is not a prerogative of the Health Ministry only and we know we need this foreign currency. Let me emphasise that as a Ministry, we are now encouraging joint venture partnerships with investors. The advantage of having investors is that they come into the country, bring in foreign currency and equipment and they rehabilitate and refurbish our equipment and modernise our archaic equipment. In that way, we both benefit. This is not an overnight venture but it takes time. We have to plan, make arrangements and make agreements so that we have progress and this bears fruit. I will tell you when we have succeeded in these endeavours, everybody will be very happy regarding the treatment of patients and diagnosis. What you asked is part of the solutions that we are working on in improving the health system in our country and acquisition of ultra modern equipment is our priority and prerogative. Most of the equipment we are using is now 20 years old. This means technically, it is very remote and very archaic. What we want is for our health personnel to be equipped with modern equipment
for their benefit...
*THE HON. PRESIDENT OF SENATE: Hon. Minister, please
address the Chair and not individual MPs.
*HON. DR. O. MOYO: Madam President, I was very happy when Members were asking questions pertaining to health because when we made our investigations and research, we were very much dismayed by the condition of our equipment. As I have said, it is archaic. We need ultra modern equipment which is up to date. As I stated, we are waiting for investors to come in. I thank you.
*HON. SEN. WUNGANAYI: Madam President, in our culture, we talk of the importance of health before we embark on making way for the dead. My question is, Hon. Minister, have you heard that when you bought the health machines in 2011, they were told that they would need $2 million to be paid for five years so that they can be able to service and maintain this new equipment in good condition.
HON. DR. O. MOYO: Madam President, may the Hon. Member
come out into the open and tell us which organisation he is talking about that has received machines in 2011.
THE HON. PRESIDENT OF SENATE: Yes, Hon. Sen.
Wunganayi, please can you explain?
HON. SEN. WUNGANAYI: Madam President, we are talking about cancer machines which is at Parirenyatwa and Bulawayo hospitals. This is the equipment I am talking about. As a Minister, I do not think he has forgotten that he bought equipment for such organisations, he is quite an intelligent man.
*THE HON. PRESIDENT OF SENATE: When we say, you
should address the Chair, the reason is that if you target each other in these discussions like the way you are talking, you will end up exchanging ugly words. Therefore, let us behave like mature Members of this august House. I thank you.
HON. DR. MOYO: Madam President, I am very grateful to this Hon. Member. He has explained and he has talked about particular cancer machines. I need to go back and make a research so that I can give a comprehensive report. I think the best would be for the Hon. Member to give me time and look at the cancer machines bought in 2011 so that I give a proper response. You know very well that I was not a
Member of Parliament, not even a Minister.
HON. S. NCUBE: Thank you Madam President. Though my questions have been asked...
THE HON. PRESIDENT OF SENATE: Are you bringing in a supplementary question.
HON. S. NCUBE: No, it is not a supplementary question. I was saying, though my questions have been asked, I am bringing in a new question but under the Ministry of Health. Minister, have you had any budget for the cancer machines that are in Bulawayo and Parirenyatwa.
Two machines have never worked, they were only installed...
THE HON. PRESIDENT OF SENATE: Address the Chair
Hon. Senator.
HON. S. NCUBE: Madam President, there are two machines that are at Parirenyatwa Hospital that have never worked from 2011 and one machine was just installed but has never worked. What is the Ministry doing about those machines? They were installed but they have never worked.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Madam President, this is a repeat of the previous question that was asked by the other Senator. I did ask for the leave of the House, to go and do my research so that I can give a comprehensive report when I next appear in this House. If I try and respond to that now, I may not give the detailed information needed because Hon. Members have talked about the 2011 machines and I think I need time. I thank you.
*THE HON. PRESIDENT OF SENATE: Hon. Minister, I ask
you to give us the answer in detail and I think this will give you time to make your research so that when you come back you will give us a comprehensive report and this will be of some help to this Hon. Senate.
*HON. CHIRONGOMA: Thank you Madam President. My
question is directed to the Deputy Minister of Lands. What is Government policy regarding the way the cattle are dying because the dipping programme is not functioning? How can we protect cattle from dying?
*THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President. This is a very pertinent question and we know most of the cattle are dying from tick-borne diseases. This is a headache to all farmers and we do agree that many herds of cattle have died because of this tick-borne disease. As Government, we will not sit down and watch these cattle dying. We are going to increase the number of dip tanks in these areas. The biggest problem in the failure of these dip tanks to be operational is we were not able to pay for the chemicals that we use in these dip tanks. It gives me great pleasure to inform this august Senate that the Ministry of Finance and Economic Development is in the process of disbursing about $3 million for the purchase of chemicals for use in these different dip tanks and fight these tick borne diseases. I know the problem we have is obtaining foreign currency. As stated before, foreign currency is derailing our plans.
We also talked about the treatment of diseases faced by the cattle. We are now encouraging farmers to be protective of their cattle and use them as an asset. If a farmer has about a hundred cattle, please sell about two or three herd of cattle and buy medication for vaccinating the other remaining 98 cattle. We know it is Government’s responsibility to protect the farmer and his cattle but there are times whereby we have to use our own initiative, with the farmer taking the initiative of selling this asset. Cattle are an asset and farming is a business. Thank you.
*HON. SEN. RWAMBIWA: Thank you Madam President. I am
directing my question to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement regarding the death of cattle. It is very painful because cattle are a source of wealth to the Africans. Last week, farmers were told to bring their cattle to the dip tanks. From what we know, this is a trick so that when farmers bring their cattle to the dip tanks, they are enumerated. When they are enumerated, farmers will be asked to pay tax for each herd of cattle. What pains farmers is that when these farmers pay the tax, Government will simply collect and leave the farmers without money to buy any vaccines and dipping chemicals. That is why the Minister is now urging farmers to buy their own dipping chemicals which is supposed to be Government’s responsibility.
*HON. KARORO: Madam President, I am mesmerised by what
has been said by the Hon. Senator. The Hon. Senator is saying we are telling lies, so what we may advise you is to go back to the constituencies and check on farmers who heard those lies. The Hon. Member is saying farmers were urged to bring their cattle to the dip tanks so that when they collect the taxes, they simply go out into the darkness without supplying the necessary service. Madam President, this is only happening in her area because in other provinces we did not hear of that. May she please supply me with the name of the area where this happened; the dip tank and the district so that we know the
Veterinary officers who are asking farmers to bring their cattle.
*THE HON. PRESIDENT OF SENATE: Hon. Member, please
put your question in writing and state the details of where you come from and where this invitation was extended to farmers.
*HON. SEN. CHIRONGOMA: Thank you Madam President. I
am directing my question to the Deputy Minister of Mines and Mining Development. We had a very big problem in Mashonaland West where we have people who died in the accident which happened in Kadoma area. Hon. Minister, what plans have you put in place so that these artisanal miners carry out their mining activities safely and operate legally?
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I thank the Hon. Senator
for the question. What I may advise is that we have not put any new laws but we already have laws that are in operation relating to safety of these farmers. We are talking about miners who were involved in an accident in the areas of Battlefields. These miners had been warned by the Environmental Management Agency that they should stop mining but they continued mining despite that warning. What we are saying as Government is, maybe when we issue such warnings we should see whether people are adhering to our policies and if they continue doing these illegal mining activities, then we involve the police force to arrest them.
HON. SEN. S. MPOFU: Thank you Madam President. My
question is directed to the Minister of Health and Child Care, Hon. O. Moyo. What is Government policy on preventing the smuggling or importation of counterfeit drugs into the country? What measures are there to stop such medicine being sold on the black market? Thank you.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Madam President. Thank you Hon.
Senator for that very educational question. We encourage people to stay away from buying medicines which are being sold on the streets. It is very dangerous but you will continue finding these people coming through. However, we are working together with the police department to ensure that those who try to smuggle drugs are apprehended. The ZRP has got a department which deals strictly with that and they are working in conjunction with our Medicines Control Authority of
Zimbabwe.
So, I just want to thank the Senator for that question because some people think that if they get medicines which are cheaper in the streets, they think that they are doing themselves a favour they are actually doing themselves harm by taking those medicines. You could end up with some permanent conditions as a result of taking those counterfeit medicines. When we say counterfeit medicines, sometimes those medicines might even not be effective. They will fill up the capsules with ash and you think that you are taking a proper antibiotic or if they want to cheat even better, they will fill it up with powdered paracetamol. That is very common, so that you feel some relief of pain because of that paracetamol which you will be thinking it is probably an effective antibiotic. It is encouraged Madam President, and I am happy that this is a live session, we also want the constituents to know that they must not buy medicines off the streets. There might be shortages of medicines in Zimbabwe and there might be some unscrupulous pharmacies who might be selling medicines at high prices and people resort to go and buy medicines off the streets - we do not recommend that. We are actually going to set up a blitz on all those people who are selling medicines off the streets.
Those are fake medicines and they are medicines which are not supposed to be given willy-nilly. Medicines have to be prescribed and we have to be absolutely careful on what we ingest as humans in terms of medicines. It must be the correct medicines. I thank you Madam President.
HON. SEN. SINAMPANDE: Madam President, we are asking
for the extension of time to the Questions Without Notice for 15 minutes.
HON. CHINAKE: I second.
*HON. FEMAI: Thank you Madam President. Let me start by
explaining.
*THE HON. PRESIDENT OF SENATE: Can you start by
posing your question?
*HON. FEMAI: That is where I am going. Madam President, if I do not give a narration of what I want to ask they may not understand me.
*THE HON. PRESIDENT OF SENATE: This is Question
Time, and so please just ask your question. The time for debating will come later. My question was going to come from my narration because you cannot just scratch seeing what bites you.
*HON. SEN. ZIVIRA: I am directing my question to the Minister of Health and Child Care. The Minister has explained that there is going to be an awareness programme for people to be tested for cancer. Supposing there are lots of people who have been attacked by cancer when we have so many cancer machines which are out of order, it means most of these people will end up going to queue at Parirenyatwa Group of Hospitals.
*THE HON. PRESIDENT OF SENATE: I think this question is
no longer relevant because you are coming to the same question. So, you do not have to ask the same question in different ways. We have talked of the breakdown of machines. So, my apologies please.
*HON. SEN. GUMPO: My question is directed to the Minister of
Health and Child Care. I do not know whether he has heard that Kariba Hospital has been burnt by fire. The dispensary has been destroyed and all the medicines have been burnt. All the X-ray machines and offices are burnt.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Yes, Madam President, we have heard the news. It is sad that our hospitals are burnt down. Last month Mbuya Nehanda was destroyed by fire and now it is Kariba. The fire started in the pharmacy and they are saying it is an electrical fault. It spread to the X-ray department and another section which was burnt down. They were burnt down to ashes. With the shortage of foreign currency, we are now in a dire situation and so we are now engaging our partners UN and WHO.
Thank you Hon. Senator and I think that is where he comes from. *HON. SEN. TONGOGARA: We have noticed that most of the
machines in these hospitals are breaking down and we have fires starting at these hospitals. Are these hospitals fully prepared for fighting such fires because we need to have fire extinguishers? I am asking this question because in most cases when the Fire Brigade comes to such scenes of fire, they do not have equipment to put out those fires.
*HON. DR. O. MOYO: Yes, Madam President. In all our
hospitals, there is no hospital which is allowed to operate without fire fighting equipment. All this equipment will be there and the water will be there. We may have problems when these fire fighters come to extinguish the fires when they do not have water but as health institutions, it is part of our regulations that each and every hospital should have functioning fire extinguishers which are checked every quarter on functionality and see if they can be used for such disasters.
*HON. SEN. ZIVIRA: Thank you Madam President. My
question is directed to the Minister of Home Affairs. At the Passport Offices, a lot of people are applying for these passports and yet the workers are very few. People get up very early in the morning and leave late without getting any services. What is the Ministry doing to curb this problem?
*THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Madam
President. I thank the Hon. Senator for asking this pertinent question.
We know that we have a lot of people who have applied for passports. Let me put this on record. The problem is not on the shortage of workers but on the accessories and equipment needed for the manufacture and printing of passports. The main problem in this issue is foreign currency which should be used in purchasing stationery for printing these passports. As a result, we have fewer people who are allocated these passports and many people are turned away empty handed.
*HON. SEN. CHINAKE: Thank you Madam President. My
question is directed to the Deputy Minister of Mines and Mining Development. Ministers are saying there is a shortage of foreign currency but Zimbabwe is endowed with a lot of diamonds. Are these diamonds not able to give us enough foreign currency for our services?
*THE DEPUTY MINISTER OF MINES AND ENERGY DEVELOPMENT (HON. KAMBAMURA): As miners, we mine
these diamonds and take them to the Minerals Marketing Authority of Zimbabwe and they take these to the Reserve Bank. So, I would advise you Hon. Member to put your question writing.
*HON. SEN. KOMICHI: Thank you Madam President. My
question is directed to the Leader of the House. In the old dispensation, we had problems with the food distribution programme in rural areas and members of the opposition were denied access to food. The food was disbursed on partisan lines. As far as we are concerned, as of now, because of the El Nino effect, there is going to be a lot of drought.
My question is - what is Government policy regarding the distribution of food to people who will be suffering without practising partisan politics? What is Government’s policy - because we have already started disbursing food handouts to people?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you very
much for the question on the distribution of drought relief to people suffering from hunger, especially in rural areas. We not only distribute in rural areas but, we have also been distributing in urban areas. As Government, we distribute food to everybody within the country and we do not discriminate according to race, colour, creed or partisan lines. In rural areas, the Government works through the existing channels such as chieftainship, councillors and the names of the householders to benefit are written down and the food is distributed according to that plan. If ever there is anybody who is distributing food against these guidelines, then that is illegal.
*THE HON. PRESIDENT OF SENATE: The question was, if
food is going to be distributed now, are you going to give food to everybody? The Hon. Member wants to hear the plans which you have.
*HON. ZIYAMBI: Government has not changed its policy.
Ever since we started food distribution, we did not distribute food handouts according to partisan lines, but what we looked at was, are you part of the people who were written down as beneficiaries in these villages. Maybe the problem which is faced by Hon. Sen. Komichi is that we have people concentrated belonging to one party in those areas. So as far as he is concerned, when he asked those people receiving food, he thinks that they are only giving to people of the same party, yet everybody is a beneficiary. – [HON. SENATORS: Inaudible interjections.] –
THE DEPUTY PRESIDENT OF SENATE: Order, Hon.
Senators, you should allow the Minister to finish answering the question which has been asked and if you do not agree or you feel that the question has not been answered properly, you have a right to ask a supplementary question. Let us have order in the House.
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 ZRP OFFICERS AGAINST ARMED CRIMINALS
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to state measures being taken to protect the Zimbabwe Republic Police officers against armed criminals.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. I thank Hon. Sen. Chimbudzi for the question.
Mr. President, I wish to point out from the onset that, my Ministry is indeed concerned with incidences in which police officers are harmed by criminals during the execution of their constitutional mandate. My Ministry strongly condemns such acts of narrow mindedness and barbarism.
I want to assure the Hon. Senator that, the Zimbabwe Republic Police officers are trained to maintain law and order and to protect property. In the performance of their duties, the Zimbabwe Republic
Police officers have to confront armed criminals, at times and in order to do so, the police officers are trained in weapon handling and self defence. Periodic refresher courses are also taken by the police officers to keep them abreast with changes in criminals’ modus operandi.
Specific sections like the Criminal Investigation Department and the Support Unit normally pursue armed criminals such as poachers and armed robbers. The officers will be armed and will take the necessary action to bring the criminals to book.
However, officers from other sections may also encounter armed criminals and if they are also armed they will respond to the threat. If not, they will call for back-up. As national leaders, we should also inculcate in the minds of the citizenry that police officers need to be accorded the respect they deserve, particularly during execution of duty.
As a Ministry and Government, we should continue to preach the gospel of peace and tolerance towards each other. In this regard, it is my fervent hope that unscrupulous elements in our society take heed. Thank you Mr. President.
SPREAD OF DISEASES ON CATTLE
- HON. SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to explain to the House measures being taken to control the spread of cattle diseases in rural communities in Chegutu and Mhondoro areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Cattle in Chegutu and Mhondoro are dying from tick-borne diseases because of shortage of dip chemicals. Dip chemical manufacturers are failing to access foreign currency to import raw materials. The Department of Veterinary Services is prioritising those areas with the little dip that becomes available. We are also urging farmers to dip their own cattle using registered chemicals from registered outlets. There are fake dip chemicals on the market. The Department of Veterinary Services has also conducted mobile clinics and treated more than 1000 cattle for free. Awareness campaigns are ongoing.
WHEAT BUYING PRICES AND PAYMENT MODALITIES
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to inform the House the current wheat buying prices and payment modalities.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The current producer price for wheat is $621.50 per metric tonne net (RTGs) and millers are purchasing the same at $407 per metric tonne. GMB is paying farmers through its Systems Application Procedures (SAP) system into their bank accounts in a similar manner as payments are made for maize deliveries.
RECONSTRUCTION OF DAM WALLS DESTROYED DURING THE
PAST RAIN SEASON
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to apprise the House when the reconstruction of dam walls which were destroyed during the previous rain season will commence.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I will give a background to appraise the House in line with the question raised by Hon. Senator Chief Chundu. A total of about 266 dams were destroyed or extensively damaged by rainfall, especially during the 2016/17 flooding season. The total investment required for the rehabilitation of dams which were breached or damaged by Cyclone
Dineo is approximately US$67 million. US$2 million was availed by the
Ministry of Finance and Economic Development last year, 2018 (in September), to carry out the rehabilitation of prioritised dams, which implies there is a deficit of US$65 million.
For the availed $2 million, rehabilitation work commenced on a total of 23 dams tabulated below (Table 1). However, due to the changing prices of key materials such as cement, the budgeted resources are no longer enough to complete the works. The Ministry is anticipating additional funds from the 2019 Budget for the continuation of the rehabilitation exercise.
Apart from the $2 million facility, the Ministry has also been rehabilitating some of the community dams under the National Water Harvesting Programme through the Water Fund. Work was done at 33 community dams under the programme, with the rehabilitation work completed at dams such as Muchesu Dam, Ward 12 in Binga; Village 7
Dam in Ward 15, Bulilima and Chitowa Dam in Ward 6, Murehwa
District.
Table 1: Priority list of breached and damaged dams requiring rehabilitation
Province | District | Dam | Description/Nature of damage | Estimated Cost |
Harare | Harare | Eyecourt | Repair of breached wall | $150 000 |
Manicaland | Mutasa | Odzani | Repair outlet works | $50 000 |
Manicaland | Mutasa | Smallbridge | Repair outlet works | $50 000 |
Manicaland | Mutare | Nahoon Estate | Repair damaged wall | $65 000 |
Mashonaland
Central |
Mazowe | Negomo | Repair dam and outlets | $75 000 |
Mashonaland
Central |
Mt. Darwin | Kangaire | Remove silt | $75 000 |
Mashonaland
Central |
Centenary | Mhene | Repair of breached wall | $100 000 |
Mashonaland
East |
Marondera | Efexdale | There is leakage under the spillway cill | $75 000 |
Mashonaland | Kadoma | Claw | Repair radial gates | $125 000 |
West | ||||
Masvingo | Masvingo | Magudu | Repair of breached dam | $100 000 |
Masvingo | Chivi | Makonese | Repair dam, de-silt dam and outlets | $75 000 |
Masvingo | Zanada | Repair of damaged dam | $100 000 | |
Masvingo | Chiredzi | Chipisa and Landsdowns | Repair of damaged wall | $120 000 |
Matebeleland North | Bulilima | Mananda | Removal of silt and repair of dam | $75 000 |
Matebeleland North | Bulawayo | Upper Umguza | Repair tilting gates and outlets | $85 000 |
Matebeleland South | Kezi | Valley | Dam repair and outlet replacement | $75 000 |
Matebeleland South | Insiza | Silalabuhwa | Dam repair and outlet replacement | $125 000 |
Matebeleland South | Gwanda | Tuli Makwe | Outlet replacement and rehabilitation of pumping infrastructure | $210 000 |
Matebeleland South | Beitbridge | Beitbridge 1 and 2 | Maintenance of dam embankments and access road (excl grouting required on dam 2) | $70 000 |
Matebeleland North | Kwekwe | Exchange | Repair dam and outlets | $65 000 |
Midlands | Mberengwa | Mayoka | Repair of dam | $60 000 |
Midlands | Gweru | Mutorahuku | Remove silt and open outlet works buried by silt | $75 000 |
Sub-total | $2 000 000 |
RESUSCITATION OF SAND ABSTRACTION IN MUKUMBURA
RIVER
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to state when the Ministry will resuscitate sand abstraction in Mukumbura River in order to provide a constant water supply to Mukumbura Growth Point.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I would like to inform Hon. Sen. Chimbudzi that Mukumbura River morphology was affected by the 2014 floods resulting in the changing of the river course into an entirely new channel and affecting the water abstraction point. As a result, there was need to relocate the abstraction point and due to landmines infested in the areas demining exercise was first required.
The Zimbabwe National Army (ZNA) was engaged to do the demining and the water supply was resuscitated in June, 2014. The whole centre started receiving constant water supply. However, in 2015 the yield of the borehole reduced significantly and very little water was being pumped and was not sufficient to meet the water requirements of the area. The pumping operations proved costly and were subsequently stopped. A hydro-geological assessment done showed that the area has very poor underground water potential.
A new abstraction point has since been identified. However, as usual, demining is required before the work commences. The designs of the new system are now in place and work will commence as soon as the demining process is completed. The resuscitation of the system will cost approximately $900 000 and the Ministry is seized with the mobilising of funds to immediately embark on the project. Currently, the community is relying on water supply from a borehole drilled at
Mukumbura Township.
RESTOCKING OF LIVESTOCK IN RESETTLEMENT AREAS
- HON. SEN. CHIMBUDZI asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement whether the
Ministry has any plans to restock livestock in resettlement areas and to clarify whether it is permissible for A1 farmers to breed goats.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government is pursuing the Command Livestock
Programme which does not discriminate on type of farming area to be restocked. Both A1 and A2 farmers are permitted to breed goats. In actual fact, every farming sector is allowed to breed goats.
RESUMPTION OF THE WATER AND SANITATION PROGRAMME
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to advise when the Ministry would resume the Water and Sanitation Programme under which wells were dug in rural areas, thereby improving access to clean water.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government, through the Ministry of Health and Child
Care and District Development Fund (DDF), used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland provinces, due to the relatively high water tables. Now the focus has shifted to borehole drilling, piped water schemes rehabilitation/construction, equipping of deep wells and rehabilitation of mal-functional boreholes, due to the climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case, wells. Various programmes are being undertaken in the rural areas where such development are realised (e.g. the Rural Wash Programme).
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority (ZINWA) and the programme is also on-going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, $2 million has been allocated for the programme under the 2019 National Budget.
DDF used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland Provinces due to the relatively high water tables. Now, the focus has shifted to borehole drilling, piped water schemes, rehabilitation or construction of deep wells and rehabilitation of malfunctional boreholes due to climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case wells. Various programmes are being undertaken in the rural areas where such developments are realized, for example the rural watch programme.
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority. The programme is also on going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, two million dollars has been allocated for the programme under the 2019 National Budget. I thank you
Questions with Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order Number 62.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Order of the Day, Number 1
on Today’s Order Paper be stood over until all the Orders of the Day have been disposed off.
HON. SEN. KHUPE: I second
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS
Second Order read: Adjourned debate on motion condemning all forms of violence.
Question again proposed.
HON. SEN. SHOKO: I move that the debate do now adjourn.
HON. SEN. SIBANDA: I second
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 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. MUZENDA: I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Fourth Order read: Adjourned debate on motion on the need to educate the nation on the importance of inter-cropping and growing small grains.
Question again proposed.
+HON. SEN. GUMPO: Thank you Mr. President. I would like to add my voice on the motion that was brought into this House on small grains. The motion came at an appropriate time to us. As Members of the Senate, we have to take this motion very seriously. However, one thing that I am happy about is that more of our female Members of Parliament in this House debated a lot on this which is an indication that this motion is very important when it comes to the lives of the people.
In my own view, I think we should give this motion a name to say all homes are homes because of a lady. More of the female parliamentarians in this house debated and contributed a lot on this motion which is a sign of how important the motion is. Women are the ones who take care of everyone in the homes and when we look at what is happening, we are experiencing a drought season which might be a warning to us. So this is a motion that is very important which reminds us to look back on what our grandparents used to eat and what they used to feed us on. They used to feed us on small grains.
We do not know maybe in the next coming years we might have drought again and if that is going to happen, it is an indication that as a country we are faced with a challenge. In my view, I think as the Members of the Senate, we should take this motion seriously when we look at our life in the near future. It is my wish that the motion that was brought by Hon. Sen. Tongogara will end up being a Bill that will be brought into Parliament to indicate on how much of small grains should we plough as a nation comparing with other grains that we plough as a nation. We should have a certain percentage that will force everyone in this country to plough, for example, if it is 10% or 15%, everyone in the country will have to adhere to that and this will protect our food security.
If we face another drought season and we do not have small grains, we are most likely to face a challenge as a nation. I thank you Mr.
President.
HON. SEN. TONGOGARA: I move that the debate do now
adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Fifth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. CHIEF CHUNDU: I move that the debate do now adjourn.
HON. SEN. CHIEF MATHUPULA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. KHUPE, the Senate adjourned at Fourteen Minutes past Four o’clock p.m. until Tuesday, 26th March, 2019.
PARLIAMENT OF ZIMBABWE
Thursday, 7th March, 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
SENSITISATION WORKSHOP ON CLIMATE CHANGE
THE HON. PRESIDENT OF SENATE: I wish to remind Hon.
Senators of the Sensitisation Workshop on Climate Change being organised by Parliament of Zimbabwe in conjunction with the Inter Parliamentary Union (IPU) and the United Nations Environment
Programme (UNEP) for Members of the following Committees;
- Portfolio Committee on Lands, Agriculture, Water, Climate and Rural Resettlement.
- Portfolio Committee on Environment and Tourism and
- Thematic Committee on Sustainable Development Goals (SDGs).
All Committee Chairpersons are also invited to this Workshop. The Workshop will be held at the Rainbow Towers on Friday, 8th March, 2019 starting at 0800 hours. All participants must be punctual.
APPOINTMENT OF THE PRIVILEGES COMMITTEE
THE HON. PRESIDENT OF SENATE: May I also inform the
House that on Monday, 18th February, 2019, the Committee on Standing
Rules and Orders nominated the following Hon. Members to serve in the
Privileges Committee;
- Sen. F. Z. Chief Charumbira;
- I. Gonese;
- C. Madiwa;
- T. Mavetera;
- P. Mpariwa: Hon. Dr. M. Nyashanu; and
- J. Samukange.
The Committee’s terms of reference are as follows;
- to investigate whether Hon. T. Mliswa, Hon. L. Chikomba,
Hon. A. Ndebele and Hon. P. D. Sibanda solicited for a bribe of $400 000 from Mr. James R. Goddard as facilitation fee for him to secure a mining contract at Hwange Colliery Company;
- if so established that the concerned Members of Parliament indeed solicited for a bribe, to then determine whether the conduct of the four members constituted a breach of privilege amounting to contempt of Parliament;
- To report in writing its findings and recommendations to the House on 15th March, 2019.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: I have a list of
Ministers who have sought leave of absence. They are -
- K. Coventry - Minister of Youth, Sport, Arts and
Recreation ;
- Y. Simbanegavi - Deputy Minister of Youth, Sport,
Arts and Recreation;
- P. Mupfumira - Minister of Environment, Tourism and
Hospitality Industry;
- R. Modi - Deputy Minister, Industry and Commerce; and
- Prof. P. Mavima – Minister of Primary and Secondary Education.
May I welcome the Ministers who are present; some of them had not been attending Senate for quite a long time.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. CHIEF NEMBIRE: My, question is directed to the
Deputy Minister of Lands, Agriculture, Water Climate and Rural Resettlement. Most of our areas in Zimbabwe are affected by drought. I am asking the Hon. Minister to explain measures they are putting in place in order to carry out cloud seeding in the farming areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO). Thank you Madam Speaker. Government has put in place cloud seeding measures. Unfortunately, the conditions prevailing currently are not favourable for cloud seeding to yield any meaningful rains. That is why the programme has been put on hold as of now until such a time when the ITCZ is over our country and other conditions are favourable to cloud seeding, it will be commenced. Thank you Madam President.
*HON. SEN. CHABUKA: Thank you Madam President. My
question is directed to the Deputy Minister of Energy and Power Development, Hon. Mudyiwa. We were thinking that the black market for petrol and diesel is over after the raising of prices but, I do not know which plans you have in place that we can get diesel and petrol so that the prices of fuel do not go up. Now queues have resurfaced for us to get diesel and petrol. What plans do you have because we are tired of hearing the same story over and over again? We heard that you have paid $6 million but still it has not helped the situation. Thank you.
*THE DEPUTY MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. MUDYIWA): Let me thank the Hon.
Senator for her question in line with the shortage of diesel and petrol in Zimbabwe. The prices of fuel have gone up and I think all of us thought things were now okay but it was short-lived because the queues resurfaced, the reason being that if we create a gap, if we do not get enough foreign currency for us to pay for fuel, those are some of the reasons why we have long queues.
But, because your question is about what plans we have in future to end this problem of fuel, we are doing a lot of things. As the Ministry of Energy and Power Development, we put plans in place but those who buy fuel are others. Even those who deal with fuel are under our Ministry. The other plan that we have in place is, I think you have heard from the Minister and the Permanent Secretary that we have liberalised the importing of fuel that big companies like mining companies, those who have free funds which they can use to import fuel are now allowed to do that. Through that, you will see that the problem will be lessened in Zimbabwe.
On top of that, we will also look at our NOSTRO accounts that in our foreign currency reserves, we do not have any shortages so that we will continue buying fuel and collect it from our depots in Msasa. If there are queues, it is not a sign that there is no fuel but the fuel is bonded, which means that we cannot take it before paying. That is what causes these queues to resurface.
On top of that, the service stations are now allowed to import fuel. So because of that, I think this fuel shortage will be short-lived. Thank you.
*HON. SEN. CHABUKA: Thank you Madam President. I want
to thank the Minister for answering my question. I heard her saying that the owners of filling stations are now allowed to fuel for their filling stations. That is very good but my question is that if they are importing fuel on their own, is it not a sign that the prices will go up?
*HON. MUDYIWA: Thank you Madam President. Even if we
allow them to import fuel into the country, that is why we are there as the Ministry of Energy and Power Development and through ZERA, we monitor such things. Service stations used to import fuel but something did not go well in-between, that is why we stopped it and it was now centralised on the Government. However, we are still looking at that and ZERA will be out in full force looking at such things. We do not expect fuel prices to go up but when things like that happen, there are some culprits but we will be out there in full force so that we try to be within our limit and contain the prices at the current cost.
*HON. SEN. MAVETERE: Thank you Minister for explaining but I remember we heard the Minister coming up with good promises that we have secured fuel for two years. Is the Hon. Deputy Minister in conflict with the statement that was given to the whole nation? We want to find out where that money was channelled to.
*HON. MUDYIWA: Yes we heard that but we engaged each other with the Minister and we came to a conclusion that was not what he meant. As a Ministry we have plans to facilitate and one of the plans is that we want to secure money for fuel but it is not in place at the moment.
*HON. SEN. CHIEF NGEZI: My question is directed to the Deputy Minister of Mines. What plans do you have as Government when you have a disaster like the one that struck at Battlefields? People died because we did not have the means to pump out water from the mines. How is the Government prepared so that when disasters like that strike, it will be easy as the pumps with be within reach?
* THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I want to thank Chief
Ngezi for such a pertinent question. First of all, let me start by correcting Chief Ngezi because we did not have any problems in securing pumps to pump out water but the problem was on the size of the shafts. The shafts that these artisan miners do are very small. Some of them are 1 m x 1 m or 1 m x 0,5 cm but the pumps that we got were too big and could not get into the shafts. The one that we tried only went for about 10 m and could not go any further. So, we ended up using small pumps which could go into the shafts.
I think when you got there, you realised that in one shaft we could put about 2 or 3 shafts to pump out the water. That is the challenge that we faced. We got pumps from Zimplats, RioZim and Afrochine but the pumps were big. As Government we were ready like I said before. We were the first to respond but the challenge that we faced was that of the shafts that were small.
What we are doing from henceforth is that we are holding awareness campaigns where we tell them the minimum standards that we allow to be dug. Our inspectors will also come, supervising and checking whether people are adhering to those standard. We look forward to having teams called proto teams that will react to such emergency cases. Although we have Civil Protection Units in the provinces, we want to beef them with these proto teams. We get the proto teams from our big mines like Zimplats (5 people), RioZim (5 people) and Afrochine (3 people) so that in case of any emergency those are the people who first go with equipment.
We are not looking at water only but we are also looking at a situation where these small mines can collapse because they do not support the shafts. So those teams will be looking at such things in cases where disaster may strike.
*HON. SEN CHIEF CHIKWAKWA: Looking at cancer which
has about 200 types. I want to ask the Minister what plans he has in line with cancer where there is no awareness, like prostate cancer. Also, on the issue of machines which are lying idle and we are told need about US$57 000. As Ministry what are they doing so that these machines can help people and you cannot say your country does not have US$57 000 to resuscitate those machines.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): I want to thank the Chief for such a pertinent question which gives us an opportunity to educate each other. Yes, you can say it is $57 000 and you think that it is little money but where it comes from they are saying it is not enough. That is where the problem is at this moment. The shortage of foreign currency is real. If we are saying we do not have foreign currency it means we do not have it. It is very painful for us in the medical field when we see people in the hospitals in difficult situations, especially when it comes to cancer, it is a disease that we are looking at as a Ministry. We want all the cancer patients to get help. It is one of those chronic diseases which is very deadly. We have received some letters and we have asked for money to repair the machines that we have. I really appreciate your question Hon. Senator because it is also going to help us to get money. I am also appealing to those who are watching, especially the RBZ; we are hoping to see them coming saying we have heard your plea and we know how difficult it is for you as a Ministry.
Dear colleagues, people only start to run around if they are the ones who are directly affected. So, we want to help each other that we should get a chance of getting money which is channeled towards chronic diseases. The situation is the same with those who are affected by kidneys, for them to have dialysis, they should pay $200.00 and now because things have changed because of foreign currency shortages, they now want to increase up to $300. I had to stop that because how can people just wake up and change prices when us from the Ministry are there. So, we want everyone who wants to increase to approach us and give their justifications. They are not the only ones affected but all of us. So, let us maintain our low prices so that we control so that we will be able to put into place everything that is in our country.
This issue of cancer is an ongoing process; we want everyone to be aware that cancer is rampant these days. The researchers are working very hard that they can get medicines to prevent cancer. I was reading a few days ago on what is happening; there is this new thing called STEM Cell technology which is helping cancer patients. However, I am not announcing that this is helping but this is a research that is being done so that we can curb this cancer menace. At least this will give us some hope and we will have a way forward.
THE HON. PRESIDENT OF SENATE: What about the
awareness of cancer in men that is prostate cancer. It seems much is being said on cervical and breast cancer in women.
HON. DR. O. MOYO: Thank you for reminding me Madam
President. As men, we always think that cancer is mainly rampant in women but we also have prostate cancer for men and also breast cancer in men and not only women’s breasts. Cancer can just grow on any part of the body, so it is a good thing that we are educating each other.
We encourage elderly men to visit their clinics for checkups of their prostate and it is a programme that is in the pipeline. That is why we talk about primary health care which starts from villages up to rural health centres. We have village health, rural health centre, district, provincial and central health care centres – all those are places which we want people to be taught and screened for cancer.
HON. SEN. CHIEF CHIKWAKA: We have got three machines
that we are talking about, two at Parirenyatwa, one in Bulawayo.
Madam President, the foreign currency that we want, we can get it from tourists because these are state of the art machines. So, when we talk about supplementary budget, where is the money directed to? Recently we had an outbreak of cholera and many people offered help to an extent that as Parliamentarians we also received prevention offered by those who were helping. So, how come we do not have partners sourced by the Ministry of Health to help us prevent and provide health care on this deadly disease? Where is the challenge?
HON. DR. O MOYO: Thank you Madam President, I have had
what the Hon. Senator has said. The machine at Harare Hospital,
Parirenyatwa and Bulawayo are the three big machines that we have. Right now, we are busy making sure that those machines are resuscitated. We are busy getting into partnerships because those investors have got foreign currency.
HON. SEN. ENG. MUDZURI: Hon. Minister, I have heard you
clearly that you have a challenge of foreign currency to repair those machines. We are crying that we cannot get US$57 000 from the
Minister of Finance yet we are saying health is more important than anything else, so what plans do you have to repair all the machines? From Chiredzi to Masvingo, there is only one X-ray machine which is working. An elderly lady was involved in an accident but could not get help because there was no X-ray machine. This means the country has full of machines which are not working. We are looking at the ease of doing business but we should look at how people can survive without Xray in the whole province. I thank you.
HON. DR. O. MOYO: I am very grateful for the narration given by the Hon. Member of Parliament. When we are talking of shortages of foreign currency, this is a problem. I will repeat so that you may conceptualise what I am saying. I am saying regardless of the shortage of foreign currency, we are trying our utmost best to get these machines working. We also hold talks with the Reserve Bank of Zimbabwe and you have told me that there are many industries and other areas that need that foreign currency. What we should know is that limited foreign currency is for everybody. It is not a prerogative of the Health Ministry only and we know we need this foreign currency. Let me emphasise that as a Ministry, we are now encouraging joint venture partnerships with investors. The advantage of having investors is that they come into the country, bring in foreign currency and equipment and they rehabilitate and refurbish our equipment and modernise our archaic equipment. In that way, we both benefit. This is not an overnight venture but it takes time. We have to plan, make arrangements and make agreements so that we have progress and this bears fruit. I will tell you when we have succeeded in these endeavours, everybody will be very happy regarding the treatment of patients and diagnosis. What you asked is part of the solutions that we are working on in improving the health system in our country and acquisition of ultra modern equipment is our priority and prerogative. Most of the equipment we are using is now 20 years old. This means technically, it is very remote and very archaic. What we want is for our health personnel to be equipped with modern equipment
for their benefit...
*THE HON. PRESIDENT OF SENATE: Hon. Minister, please
address the Chair and not individual MPs.
*HON. DR. O. MOYO: Madam President, I was very happy when Members were asking questions pertaining to health because when we made our investigations and research, we were very much dismayed by the condition of our equipment. As I have said, it is archaic. We need ultra modern equipment which is up to date. As I stated, we are waiting for investors to come in. I thank you.
*HON. SEN. WUNGANAYI: Madam President, in our culture, we talk of the importance of health before we embark on making way for the dead. My question is, Hon. Minister, have you heard that when you bought the health machines in 2011, they were told that they would need $2 million to be paid for five years so that they can be able to service and maintain this new equipment in good condition.
HON. DR. O. MOYO: Madam President, may the Hon. Member
come out into the open and tell us which organisation he is talking about that has received machines in 2011.
THE HON. PRESIDENT OF SENATE: Yes, Hon. Sen.
Wunganayi, please can you explain?
HON. SEN. WUNGANAYI: Madam President, we are talking about cancer machines which is at Parirenyatwa and Bulawayo hospitals. This is the equipment I am talking about. As a Minister, I do not think he has forgotten that he bought equipment for such organisations, he is quite an intelligent man.
*THE HON. PRESIDENT OF SENATE: When we say, you
should address the Chair, the reason is that if you target each other in these discussions like the way you are talking, you will end up exchanging ugly words. Therefore, let us behave like mature Members of this august House. I thank you.
HON. DR. MOYO: Madam President, I am very grateful to this Hon. Member. He has explained and he has talked about particular cancer machines. I need to go back and make a research so that I can give a comprehensive report. I think the best would be for the Hon. Member to give me time and look at the cancer machines bought in 2011 so that I give a proper response. You know very well that I was not a
Member of Parliament, not even a Minister.
HON. S. NCUBE: Thank you Madam President. Though my questions have been asked...
THE HON. PRESIDENT OF SENATE: Are you bringing in a supplementary question.
HON. S. NCUBE: No, it is not a supplementary question. I was saying, though my questions have been asked, I am bringing in a new question but under the Ministry of Health. Minister, have you had any budget for the cancer machines that are in Bulawayo and Parirenyatwa.
Two machines have never worked, they were only installed...
THE HON. PRESIDENT OF SENATE: Address the Chair
Hon. Senator.
HON. S. NCUBE: Madam President, there are two machines that are at Parirenyatwa Hospital that have never worked from 2011 and one machine was just installed but has never worked. What is the Ministry doing about those machines? They were installed but they have never worked.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Madam President, this is a repeat of the previous question that was asked by the other Senator. I did ask for the leave of the House, to go and do my research so that I can give a comprehensive report when I next appear in this House. If I try and respond to that now, I may not give the detailed information needed because Hon. Members have talked about the 2011 machines and I think I need time. I thank you.
*THE HON. PRESIDENT OF SENATE: Hon. Minister, I ask
you to give us the answer in detail and I think this will give you time to make your research so that when you come back you will give us a comprehensive report and this will be of some help to this Hon. Senate.
*HON. CHIRONGOMA: Thank you Madam President. My
question is directed to the Deputy Minister of Lands. What is Government policy regarding the way the cattle are dying because the dipping programme is not functioning? How can we protect cattle from dying?
*THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Thank you Madam President. This is a very pertinent question and we know most of the cattle are dying from tick-borne diseases. This is a headache to all farmers and we do agree that many herds of cattle have died because of this tick-borne disease. As Government, we will not sit down and watch these cattle dying. We are going to increase the number of dip tanks in these areas. The biggest problem in the failure of these dip tanks to be operational is we were not able to pay for the chemicals that we use in these dip tanks. It gives me great pleasure to inform this august Senate that the Ministry of Finance and Economic Development is in the process of disbursing about $3 million for the purchase of chemicals for use in these different dip tanks and fight these tick borne diseases. I know the problem we have is obtaining foreign currency. As stated before, foreign currency is derailing our plans.
We also talked about the treatment of diseases faced by the cattle. We are now encouraging farmers to be protective of their cattle and use them as an asset. If a farmer has about a hundred cattle, please sell about two or three herd of cattle and buy medication for vaccinating the other remaining 98 cattle. We know it is Government’s responsibility to protect the farmer and his cattle but there are times whereby we have to use our own initiative, with the farmer taking the initiative of selling this asset. Cattle are an asset and farming is a business. Thank you.
*HON. SEN. RWAMBIWA: Thank you Madam President. I am
directing my question to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement regarding the death of cattle. It is very painful because cattle are a source of wealth to the Africans. Last week, farmers were told to bring their cattle to the dip tanks. From what we know, this is a trick so that when farmers bring their cattle to the dip tanks, they are enumerated. When they are enumerated, farmers will be asked to pay tax for each herd of cattle. What pains farmers is that when these farmers pay the tax, Government will simply collect and leave the farmers without money to buy any vaccines and dipping chemicals. That is why the Minister is now urging farmers to buy their own dipping chemicals which is supposed to be Government’s responsibility.
*HON. KARORO: Madam President, I am mesmerised by what
has been said by the Hon. Senator. The Hon. Senator is saying we are telling lies, so what we may advise you is to go back to the constituencies and check on farmers who heard those lies. The Hon. Member is saying farmers were urged to bring their cattle to the dip tanks so that when they collect the taxes, they simply go out into the darkness without supplying the necessary service. Madam President, this is only happening in her area because in other provinces we did not hear of that. May she please supply me with the name of the area where this happened; the dip tank and the district so that we know the
Veterinary officers who are asking farmers to bring their cattle.
*THE HON. PRESIDENT OF SENATE: Hon. Member, please
put your question in writing and state the details of where you come from and where this invitation was extended to farmers.
*HON. SEN. CHIRONGOMA: Thank you Madam President. I
am directing my question to the Deputy Minister of Mines and Mining Development. We had a very big problem in Mashonaland West where we have people who died in the accident which happened in Kadoma area. Hon. Minister, what plans have you put in place so that these artisanal miners carry out their mining activities safely and operate legally?
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): I thank the Hon. Senator
for the question. What I may advise is that we have not put any new laws but we already have laws that are in operation relating to safety of these farmers. We are talking about miners who were involved in an accident in the areas of Battlefields. These miners had been warned by the Environmental Management Agency that they should stop mining but they continued mining despite that warning. What we are saying as Government is, maybe when we issue such warnings we should see whether people are adhering to our policies and if they continue doing these illegal mining activities, then we involve the police force to arrest them.
HON. SEN. S. MPOFU: Thank you Madam President. My
question is directed to the Minister of Health and Child Care, Hon. O. Moyo. What is Government policy on preventing the smuggling or importation of counterfeit drugs into the country? What measures are there to stop such medicine being sold on the black market? Thank you.
THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Thank you Madam President. Thank you Hon.
Senator for that very educational question. We encourage people to stay away from buying medicines which are being sold on the streets. It is very dangerous but you will continue finding these people coming through. However, we are working together with the police department to ensure that those who try to smuggle drugs are apprehended. The ZRP has got a department which deals strictly with that and they are working in conjunction with our Medicines Control Authority of
Zimbabwe.
So, I just want to thank the Senator for that question because some people think that if they get medicines which are cheaper in the streets, they think that they are doing themselves a favour they are actually doing themselves harm by taking those medicines. You could end up with some permanent conditions as a result of taking those counterfeit medicines. When we say counterfeit medicines, sometimes those medicines might even not be effective. They will fill up the capsules with ash and you think that you are taking a proper antibiotic or if they want to cheat even better, they will fill it up with powdered paracetamol. That is very common, so that you feel some relief of pain because of that paracetamol which you will be thinking it is probably an effective antibiotic. It is encouraged Madam President, and I am happy that this is a live session, we also want the constituents to know that they must not buy medicines off the streets. There might be shortages of medicines in Zimbabwe and there might be some unscrupulous pharmacies who might be selling medicines at high prices and people resort to go and buy medicines off the streets - we do not recommend that. We are actually going to set up a blitz on all those people who are selling medicines off the streets.
Those are fake medicines and they are medicines which are not supposed to be given willy-nilly. Medicines have to be prescribed and we have to be absolutely careful on what we ingest as humans in terms of medicines. It must be the correct medicines. I thank you Madam President.
HON. SEN. SINAMPANDE: Madam President, we are asking
for the extension of time to the Questions Without Notice for 15 minutes.
HON. CHINAKE: I second.
*HON. FEMAI: Thank you Madam President. Let me start by
explaining.
*THE HON. PRESIDENT OF SENATE: Can you start by
posing your question?
*HON. FEMAI: That is where I am going. Madam President, if I do not give a narration of what I want to ask they may not understand me.
*THE HON. PRESIDENT OF SENATE: This is Question
Time, and so please just ask your question. The time for debating will come later. My question was going to come from my narration because you cannot just scratch seeing what bites you.
*HON. SEN. ZIVIRA: I am directing my question to the Minister of Health and Child Care. The Minister has explained that there is going to be an awareness programme for people to be tested for cancer. Supposing there are lots of people who have been attacked by cancer when we have so many cancer machines which are out of order, it means most of these people will end up going to queue at Parirenyatwa Group of Hospitals.
*THE HON. PRESIDENT OF SENATE: I think this question is
no longer relevant because you are coming to the same question. So, you do not have to ask the same question in different ways. We have talked of the breakdown of machines. So, my apologies please.
*HON. SEN. GUMPO: My question is directed to the Minister of
Health and Child Care. I do not know whether he has heard that Kariba Hospital has been burnt by fire. The dispensary has been destroyed and all the medicines have been burnt. All the X-ray machines and offices are burnt.
*THE MINISTER OF HEALTH AND CHILD CARE (HON.
- O. MOYO): Yes, Madam President, we have heard the news. It is sad that our hospitals are burnt down. Last month Mbuya Nehanda was destroyed by fire and now it is Kariba. The fire started in the pharmacy and they are saying it is an electrical fault. It spread to the X-ray department and another section which was burnt down. They were burnt down to ashes. With the shortage of foreign currency, we are now in a dire situation and so we are now engaging our partners UN and WHO.
Thank you Hon. Senator and I think that is where he comes from. *HON. SEN. TONGOGARA: We have noticed that most of the
machines in these hospitals are breaking down and we have fires starting at these hospitals. Are these hospitals fully prepared for fighting such fires because we need to have fire extinguishers? I am asking this question because in most cases when the Fire Brigade comes to such scenes of fire, they do not have equipment to put out those fires.
*HON. DR. O. MOYO: Yes, Madam President. In all our
hospitals, there is no hospital which is allowed to operate without fire fighting equipment. All this equipment will be there and the water will be there. We may have problems when these fire fighters come to extinguish the fires when they do not have water but as health institutions, it is part of our regulations that each and every hospital should have functioning fire extinguishers which are checked every quarter on functionality and see if they can be used for such disasters.
*HON. SEN. ZIVIRA: Thank you Madam President. My
question is directed to the Minister of Home Affairs. At the Passport Offices, a lot of people are applying for these passports and yet the workers are very few. People get up very early in the morning and leave late without getting any services. What is the Ministry doing to curb this problem?
*THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Madam
President. I thank the Hon. Senator for asking this pertinent question.
We know that we have a lot of people who have applied for passports. Let me put this on record. The problem is not on the shortage of workers but on the accessories and equipment needed for the manufacture and printing of passports. The main problem in this issue is foreign currency which should be used in purchasing stationery for printing these passports. As a result, we have fewer people who are allocated these passports and many people are turned away empty handed.
*HON. SEN. CHINAKE: Thank you Madam President. My
question is directed to the Deputy Minister of Mines and Mining Development. Ministers are saying there is a shortage of foreign currency but Zimbabwe is endowed with a lot of diamonds. Are these diamonds not able to give us enough foreign currency for our services?
*THE DEPUTY MINISTER OF MINES AND ENERGY DEVELOPMENT (HON. KAMBAMURA): As miners, we mine
these diamonds and take them to the Minerals Marketing Authority of Zimbabwe and they take these to the Reserve Bank. So, I would advise you Hon. Member to put your question writing.
*HON. SEN. KOMICHI: Thank you Madam President. My
question is directed to the Leader of the House. In the old dispensation, we had problems with the food distribution programme in rural areas and members of the opposition were denied access to food. The food was disbursed on partisan lines. As far as we are concerned, as of now, because of the El Nino effect, there is going to be a lot of drought.
My question is - what is Government policy regarding the distribution of food to people who will be suffering without practising partisan politics? What is Government’s policy - because we have already started disbursing food handouts to people?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you very
much for the question on the distribution of drought relief to people suffering from hunger, especially in rural areas. We not only distribute in rural areas but, we have also been distributing in urban areas. As Government, we distribute food to everybody within the country and we do not discriminate according to race, colour, creed or partisan lines. In rural areas, the Government works through the existing channels such as chieftainship, councillors and the names of the householders to benefit are written down and the food is distributed according to that plan. If ever there is anybody who is distributing food against these guidelines, then that is illegal.
*THE HON. PRESIDENT OF SENATE: The question was, if
food is going to be distributed now, are you going to give food to everybody? The Hon. Member wants to hear the plans which you have.
*HON. ZIYAMBI: Government has not changed its policy.
Ever since we started food distribution, we did not distribute food handouts according to partisan lines, but what we looked at was, are you part of the people who were written down as beneficiaries in these villages. Maybe the problem which is faced by Hon. Sen. Komichi is that we have people concentrated belonging to one party in those areas. So as far as he is concerned, when he asked those people receiving food, he thinks that they are only giving to people of the same party, yet everybody is a beneficiary. – [HON. SENATORS: Inaudible interjections.] –
THE DEPUTY PRESIDENT OF SENATE: Order, Hon.
Senators, you should allow the Minister to finish answering the question which has been asked and if you do not agree or you feel that the question has not been answered properly, you have a right to ask a supplementary question. Let us have order in the House.
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 ZRP OFFICERS AGAINST ARMED CRIMINALS
- HON. SEN. CHIMBUDZI asked the Minister of Home
Affairs and Cultural Heritage to state measures being taken to protect the Zimbabwe Republic Police officers against armed criminals.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. I thank Hon. Sen. Chimbudzi for the question.
Mr. President, I wish to point out from the onset that, my Ministry is indeed concerned with incidences in which police officers are harmed by criminals during the execution of their constitutional mandate. My Ministry strongly condemns such acts of narrow mindedness and barbarism.
I want to assure the Hon. Senator that, the Zimbabwe Republic Police officers are trained to maintain law and order and to protect property. In the performance of their duties, the Zimbabwe Republic
Police officers have to confront armed criminals, at times and in order to do so, the police officers are trained in weapon handling and self defence. Periodic refresher courses are also taken by the police officers to keep them abreast with changes in criminals’ modus operandi.
Specific sections like the Criminal Investigation Department and the Support Unit normally pursue armed criminals such as poachers and armed robbers. The officers will be armed and will take the necessary action to bring the criminals to book.
However, officers from other sections may also encounter armed criminals and if they are also armed they will respond to the threat. If not, they will call for back-up. As national leaders, we should also inculcate in the minds of the citizenry that police officers need to be accorded the respect they deserve, particularly during execution of duty.
As a Ministry and Government, we should continue to preach the gospel of peace and tolerance towards each other. In this regard, it is my fervent hope that unscrupulous elements in our society take heed. Thank you Mr. President.
SPREAD OF DISEASES ON CATTLE
- HON. SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to explain to the House measures being taken to control the spread of cattle diseases in rural communities in Chegutu and Mhondoro areas.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): Cattle in Chegutu and Mhondoro are dying from tick-borne diseases because of shortage of dip chemicals. Dip chemical manufacturers are failing to access foreign currency to import raw materials. The Department of Veterinary Services is prioritising those areas with the little dip that becomes available. We are also urging farmers to dip their own cattle using registered chemicals from registered outlets. There are fake dip chemicals on the market. The Department of Veterinary Services has also conducted mobile clinics and treated more than 1000 cattle for free. Awareness campaigns are ongoing.
WHEAT BUYING PRICES AND PAYMENT MODALITIES
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to inform the House the current wheat buying prices and payment modalities.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The current producer price for wheat is $621.50 per metric tonne net (RTGs) and millers are purchasing the same at $407 per metric tonne. GMB is paying farmers through its Systems Application Procedures (SAP) system into their bank accounts in a similar manner as payments are made for maize deliveries.
RECONSTRUCTION OF DAM WALLS DESTROYED DURING THE
PAST RAIN SEASON
- SEN. CHIEF CHUNDU asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to apprise the House when the reconstruction of dam walls which were destroyed during the previous rain season will commence.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I will give a background to appraise the House in line with the question raised by Hon. Senator Chief Chundu. A total of about 266 dams were destroyed or extensively damaged by rainfall, especially during the 2016/17 flooding season. The total investment required for the rehabilitation of dams which were breached or damaged by Cyclone
Dineo is approximately US$67 million. US$2 million was availed by the
Ministry of Finance and Economic Development last year, 2018 (in September), to carry out the rehabilitation of prioritised dams, which implies there is a deficit of US$65 million.
For the availed $2 million, rehabilitation work commenced on a total of 23 dams tabulated below (Table 1). However, due to the changing prices of key materials such as cement, the budgeted resources are no longer enough to complete the works. The Ministry is anticipating additional funds from the 2019 Budget for the continuation of the rehabilitation exercise.
Apart from the $2 million facility, the Ministry has also been rehabilitating some of the community dams under the National Water Harvesting Programme through the Water Fund. Work was done at 33 community dams under the programme, with the rehabilitation work completed at dams such as Muchesu Dam, Ward 12 in Binga; Village 7
Dam in Ward 15, Bulilima and Chitowa Dam in Ward 6, Murehwa
District.
Table 1: Priority list of breached and damaged dams requiring rehabilitation
Province | District | Dam | Description/Nature of damage | Estimated Cost |
Harare | Harare | Eyecourt | Repair of breached wall | $150 000 |
Manicaland | Mutasa | Odzani | Repair outlet works | $50 000 |
Manicaland | Mutasa | Smallbridge | Repair outlet works | $50 000 |
Manicaland | Mutare | Nahoon Estate | Repair damaged wall | $65 000 |
Mashonaland
Central |
Mazowe | Negomo | Repair dam and outlets | $75 000 |
Mashonaland
Central |
Mt. Darwin | Kangaire | Remove silt | $75 000 |
Mashonaland
Central |
Centenary | Mhene | Repair of breached wall | $100 000 |
Mashonaland
East |
Marondera | Efexdale | There is leakage under the spillway cill | $75 000 |
Mashonaland | Kadoma | Claw | Repair radial gates | $125 000 |
West | ||||
Masvingo | Masvingo | Magudu | Repair of breached dam | $100 000 |
Masvingo | Chivi | Makonese | Repair dam, de-silt dam and outlets | $75 000 |
Masvingo | Zanada | Repair of damaged dam | $100 000 | |
Masvingo | Chiredzi | Chipisa and Landsdowns | Repair of damaged wall | $120 000 |
Matebeleland North | Bulilima | Mananda | Removal of silt and repair of dam | $75 000 |
Matebeleland North | Bulawayo | Upper Umguza | Repair tilting gates and outlets | $85 000 |
Matebeleland South | Kezi | Valley | Dam repair and outlet replacement | $75 000 |
Matebeleland South | Insiza | Silalabuhwa | Dam repair and outlet replacement | $125 000 |
Matebeleland South | Gwanda | Tuli Makwe | Outlet replacement and rehabilitation of pumping infrastructure | $210 000 |
Matebeleland South | Beitbridge | Beitbridge 1 and 2 | Maintenance of dam embankments and access road (excl grouting required on dam 2) | $70 000 |
Matebeleland North | Kwekwe | Exchange | Repair dam and outlets | $65 000 |
Midlands | Mberengwa | Mayoka | Repair of dam | $60 000 |
Midlands | Gweru | Mutorahuku | Remove silt and open outlet works buried by silt | $75 000 |
Sub-total | $2 000 000 |
RESUSCITATION OF SAND ABSTRACTION IN MUKUMBURA
RIVER
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to state when the Ministry will resuscitate sand abstraction in Mukumbura River in order to provide a constant water supply to Mukumbura Growth Point.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): I would like to inform Hon. Sen. Chimbudzi that Mukumbura River morphology was affected by the 2014 floods resulting in the changing of the river course into an entirely new channel and affecting the water abstraction point. As a result, there was need to relocate the abstraction point and due to landmines infested in the areas demining exercise was first required.
The Zimbabwe National Army (ZNA) was engaged to do the demining and the water supply was resuscitated in June, 2014. The whole centre started receiving constant water supply. However, in 2015 the yield of the borehole reduced significantly and very little water was being pumped and was not sufficient to meet the water requirements of the area. The pumping operations proved costly and were subsequently stopped. A hydro-geological assessment done showed that the area has very poor underground water potential.
A new abstraction point has since been identified. However, as usual, demining is required before the work commences. The designs of the new system are now in place and work will commence as soon as the demining process is completed. The resuscitation of the system will cost approximately $900 000 and the Ministry is seized with the mobilising of funds to immediately embark on the project. Currently, the community is relying on water supply from a borehole drilled at
Mukumbura Township.
RESTOCKING OF LIVESTOCK IN RESETTLEMENT AREAS
- HON. SEN. CHIMBUDZI asked the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement whether the
Ministry has any plans to restock livestock in resettlement areas and to clarify whether it is permissible for A1 farmers to breed goats.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE,
WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government is pursuing the Command Livestock
Programme which does not discriminate on type of farming area to be restocked. Both A1 and A2 farmers are permitted to breed goats. In actual fact, every farming sector is allowed to breed goats.
RESUMPTION OF THE WATER AND SANITATION PROGRAMME
- HON. SEN. CHIMBUDZI asked the Minister of Lands,
Agriculture, Water, Climate and Rural Resettlement to advise when the Ministry would resume the Water and Sanitation Programme under which wells were dug in rural areas, thereby improving access to clean water.
THE DEPUTY MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT (HON.
KARORO): The Government, through the Ministry of Health and Child
Care and District Development Fund (DDF), used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland provinces, due to the relatively high water tables. Now the focus has shifted to borehole drilling, piped water schemes rehabilitation/construction, equipping of deep wells and rehabilitation of mal-functional boreholes, due to the climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case, wells. Various programmes are being undertaken in the rural areas where such development are realised (e.g. the Rural Wash Programme).
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority (ZINWA) and the programme is also on-going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, $2 million has been allocated for the programme under the 2019 National Budget.
DDF used to have programmes under which family wells were dug or blasted in rural areas. Targeted areas were Manicaland and Mashonaland Provinces due to the relatively high water tables. Now, the focus has shifted to borehole drilling, piped water schemes, rehabilitation or construction of deep wells and rehabilitation of malfunctional boreholes due to climate change scenario. Mainly communal water points are developed for the communities and households with capacity are encouraged to develop their own, in this case wells. Various programmes are being undertaken in the rural areas where such developments are realized, for example the rural watch programme.
The Ministry is also drilling boreholes in the rural areas under the
National Water Harvesting Programme through the Zimbabwe National Water Authority. The programme is also on going and is being intensified in light of the expected El Nino induced drought this year. To achieve this intensification of the programme, two million dollars has been allocated for the programme under the 2019 National Budget. I thank you
Questions with Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing Order Number 62.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Order of the Day, Number 1
on Today’s Order Paper be stood over until all the Orders of the Day have been disposed off.
HON. SEN. KHUPE: I second
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS
Second Order read: Adjourned debate on motion condemning all forms of violence.
Question again proposed.
HON. SEN. SHOKO: I move that the debate do now adjourn.
HON. SEN. SIBANDA: I second
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 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. MUZENDA: I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Fourth Order read: Adjourned debate on motion on the need to educate the nation on the importance of inter-cropping and growing small grains.
Question again proposed.
+HON. SEN. GUMPO: Thank you Mr. President. I would like to add my voice on the motion that was brought into this House on small grains. The motion came at an appropriate time to us. As Members of the Senate, we have to take this motion very seriously. However, one thing that I am happy about is that more of our female Members of Parliament in this House debated a lot on this which is an indication that this motion is very important when it comes to the lives of the people.
In my own view, I think we should give this motion a name to say all homes are homes because of a lady. More of the female parliamentarians in this house debated and contributed a lot on this motion which is a sign of how important the motion is. Women are the ones who take care of everyone in the homes and when we look at what is happening, we are experiencing a drought season which might be a warning to us. So this is a motion that is very important which reminds us to look back on what our grandparents used to eat and what they used to feed us on. They used to feed us on small grains.
We do not know maybe in the next coming years we might have drought again and if that is going to happen, it is an indication that as a country we are faced with a challenge. In my view, I think as the Members of the Senate, we should take this motion seriously when we look at our life in the near future. It is my wish that the motion that was brought by Hon. Sen. Tongogara will end up being a Bill that will be brought into Parliament to indicate on how much of small grains should we plough as a nation comparing with other grains that we plough as a nation. We should have a certain percentage that will force everyone in this country to plough, for example, if it is 10% or 15%, everyone in the country will have to adhere to that and this will protect our food security.
If we face another drought season and we do not have small grains, we are most likely to face a challenge as a nation. I thank you Mr.
President.
HON. SEN. TONGOGARA: I move that the debate do now
adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Fifth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. CHIEF CHUNDU: I move that the debate do now adjourn.
HON. SEN. CHIEF MATHUPULA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th March, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. KHUPE, the Senate adjourned at Fourteen Minutes past Four o’clock p.m. until Tuesday, 26th March, 2019.
PARLIAMENT OF ZIMBABWE
Tuesday 26th March, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
THE HON. PRESIDENT OF SENATE: Before we start
business, may I ask the Hon. Senators to stand up and observe a minute of silence in honour of the victims of Cyclone Idai.
All Hon. Senators observed a minute of silence.
MINISTERIAL STATEMENT
UPDATE ON CYCLONE IDAI DISASTER
THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. J. MOYO): Thank
you Mr. President. Hon. Senators, I want to inform this august House about the situation in Manicaland, particularly in Chimanimani area where Cyclone Idai has devastated our people and left a lot of them buried under rubbles of mud slides as well as stones. This occurrence took place in Manicaland but has affected many other provinces including Masvingo in the districts of Zaka, Bikita and Gutu; as well as Mashonaland East in the districts of Chikomba and partly Seke. It has affected parts of Midlands in Chirumanzu. In most of the districts in Manicaland, except Makoni, we have received reports of either those who have died or infrastructure that has been extensively damaged. The President of Zimbabwe declared a national disaster after that occurrence and we have been appealing to Zimbabweans, cooperating partners as well as our neighbours in SADC to give us assistance.
The damage to infrastructure has been extensive but the damage that has occurred to individuals, families, children, adults and women has been very intense. The epicentre of that Cyclone was in
Chimanimani East Constituency. I must inform this august House; as a Committee of Cabinet, we have benefited tremendously on the knowledge of that constituency from civic leaders led by the Senator of that place and the Member of Parliament Hon. Sacco from that area as well as civic leaders, councillors, chiefs, headmen and village heads.
They have given us information which has assisted us in mobilising for resources as well as pinpointing areas that we need to assist. The areas that have been mostly hard hit include Ngangu which is a suburb or township of Chimanimani. Chimanimani urban itself has been affected but the most intense has been in Ngangu. The second place that was very much affected is at a place called Kopa which is near Rusitu. Rusitu itself has been affected. The third area that has been affected is a place called Chikukwa. That has been very much affected and we have lost lives there. The fourth area is a place called Machongwe. We have lost a number of people in these four areas and while the tally has been moving from 23 at the beginning to 31, 42, 64 and at present we are using the figure of 179.
The number of those who are missing is also increasing. We started with a figure below 50 and now we are at 329. This is coming as a result of information that is trickling in, as I said from civic leaders and NGOs that have gone in the area but mostly also from village heads, school heads as well as ordinary people who were able to provide that information. Unfortunately, that information at some point dried up because all communication in the area was cut off. The electricity from Chipangayi to Chipinge town was cut off and electricity from Chipinge itself into all those areas was cut off. While we had relied on people calling by cellphone and sending whastapp messages, that dried up because all their cellphones were no longer working without power. So, we have had to rely on people visiting those areas.
Visiting those areas has been hampered by the fact that all bridges in that area have been taken off one way or the other, some completely and need to be rebuilt. On some, while the bridges remain intact but all the approaches have been breached. So what was left for us to do was to hire aircraft. Initially, we had to use Air Force of Zimbabwe aircraft but they were overwhelmed by the size of the problem. We then had to mobilise individual Zimbabweans and in some cases from neighbouring countries so that we could try to drop many people to go to areas that were impassable.
Our army having realised this after reaching the highest point that was passable, decided to march on to those areas which are 40km or more to try and reach those communities. Even as I speak I know we have a difficulty in reaching some of those areas by car and we rely now on the police and army deployments that have been in those areas.
We have been able to ensure that all the clinics in the area are given medicines through these aircrafts that we are using. In some areas, we are dropping food using aircraft although they can carry small quantities. We are happy that World Food Programme has brought larger aircraft that can carry at least three tonnes each so that we can go and drop to the areas. There are 26 areas in Chimanimani that we must go and reach in order to give assistance of food, non-food items as well as medical supplies. These have been reached at least once by either aircraft or by our soldiers.
The biggest challenge at hand right now is that people are still buried under rubbles. People are buried under stones. There are stones which we do not understand how they could have reached, for instance a place called Kopa. At Kopa, there used to be a police station, agricultural extension officers and schools around but that whole place is now dissipated. What you find are only stones and mud. We do not know how deep the people are buried. From there going to Rusitu to a place called Vimba which is on the border with Mozambique, some bodies have been found by our rescue and search teams. Some bodies have been found in Mozambique and at some point the Mozambicans decided to bury the eight who they had found. Before they buried them, they decided to take pictures so that they could bring to our side for identification. Unfortunately, none of these corpses could be identified by villagers around the area that I am talking about.
This gives us the phenomena of what happens at that place called Kopa. In the Rusitu area, is a place where you find a lot of bananas. So there are a lot of traders who come to that area to trade. Whereas we are saying we identified 329 missing persons, we have been able to say a teacher, or headmaster at this school disappeared. We have not found that headmaster yet but we do not know how many members of that family were also buried. We do not know how many traders who had come to that place were buried. In addition, there are artisanal miners in that area who we believe were also buried. That can tell you why villagers in the area were not able to identify those who were brought by
Mozambicans.
The rescue and search challenge is what we are faced with. Some people have said - but you have sniffer dogs in Zimbabwe. A member of our committee, Retired Air Chief Marshall Shiri can tell you more detail if you want to know. There are sniffer dogs which are trained for sniffing mbanje but they cannot sniff bodies. There are others which are trained for sniffing gold but they cannot sniff these bodies. So we have had to rely on support from our neighbours and today, we have received teams of sniffer dogs that are trained for identification of bodies. We want to quickly take them to that area. It is incumbent upon all of us to make sure that at least we try to reach as many bodies as we can although a lot of them will have decomposed.
We are working with the Ministry of Health and Child Care and National University of Science and Technology which helped us last time when we had a bus disaster in West Nicholson and passengers were burnt beyond recognition. We were able to identify all the 31 bodies using the DNA facilities that were at NUST. We believe we will be able to identify these if the bodies have been exhumed from under the rubble or the stones that are there.
Our challenge is now to move supplies from Mutare to areas that I have mentioned. Beyond a place called Skyline, it was absolutely impossible to go beyond that by car, let alone by anything that is carrying food supplies. We made a decision last week to say let us not keep food in Mutare. We are working with NGOs and all our food which is in Mutare is kept at World Vision warehouses. At that World Vision warehouses, working with the NGOs and military, the Ministry of Public Service, Labour and Social Welfare, they are the controllers there, together with the Ministry of Women’s Affairs, Community, Small and Medium Enterprises, at all the places that we have designated to handle food supplies. All the NGOs are also allowed to be in those places.
So, we decided to move food out of Mutare to a place called Machonjonya which is near Wengezi for those which we wanted to supply the areas of Nedziwa as well as Biriwiri area and Mutambara area - the areas that are nearest to the road which comes from Mutare to Tanganda. However, there is no bridge which you can cross over, so, working with DDF, we were able to open one road from Nyanyadzi going to Biriwiri. That road has been opened and I am glad to say, even the President of the National Chiefs Council was able to reach Biriwiri through that road even in his Mercedes Beinz.
On that same day, we were able to move the first tonnage which was bigger – ten tonnes so that the people in that area could have food. So the challenge of moving supplies is what we are faced with. The road from Tanganda to Chipinge was impassable – it just broke down because it became deketa. Buses were sinking and even human beings, if you stood on the road which is tarred, you would sink and that became our first nightmare. We are happy to say, individuals, companies and our own Zimbabwean companies got together with the Ministry of
Transport and Infrastructural Development and worked over night. Within two days, they had opened a diversion which is now solid and is working. Our next challenge is, once you turn to the left at a place called Joppa, you reach a place called Silver Stream where there is the Wattle Company. That bridge or technical people call it a weir but it is a huge place – part of it had also been washed away. So when we crossed the first time, we had to cross one at a time because we were not sure
that it would hold but this same team of the private sector, Government and construction companies willingly giving their own fuel, bulldozers, excavators, and their own tippers were able to go to that area also and opened it up. So you now can reach Skyline without any problem with 30 tonners. Beyond that, it is impossible.
Then, we tried to work another route from Silver Stream to a place called Peacock which is on the Nyahode River. We were successful and were able to move five to seven tonnes until the rains came again last three days. And all of a sudden, the trucks that we were sending to go and do a mapping of the Chimanimani urban area in Ngangu, got stuck with students and professors from NUST University who wanted to come and do a mapping with our physical and land planners. They were stuck for two days there. So we were not able to move any food.
The other route that we thought we could open is 2 kms. out of Chipinge and you turn left and go to a place called Paidamoyo and then on to Copa because we need to reach Copa by larger transportation system. That again during these last two days when it was raining, was very difficult. The only things that could move and we encouraged them, were those who were having 4X4 vehicles who could at least carry one tonne. When I was last there, all the Plan International and those from Eco Sure – Eco life Foundation were moving with their own four wheel drive vehicles until they got to Peacock where they got stuck.
So that is the challenge that we are having but let me assure this august House that working together with our people here in Zimbabwe, the amount of support of food, medicines and clothes is tremendous. What we were then now appealing for is food items for children and babies. When we did our inventory, we found out that there were not too many people who were actually making sure that children and babies are catered for and that has started coming after we made that appeal.
So, our people had been very responsive and companies have donated but what is significant is that it is not just companies. Individuals and those companies were able to bring their own clothes, food and even in Mutare at our Control Centre, everyday you would receive a family or somebody bringing a bag and say, these are my clothes and I think that they can help and of course, they will help. We then make sure that they are sorted out for children, for men, for women and are taken to the front.
So Members of the Senate, our appeal to all of you is that it is necessary that Zimbabweans go on the ground to see so that we do not rely on hearsay. It is better that we understand this phenomena because we have never experienced anything to that magnitude. The magnitude of us having a cyclone which we have had three or four times in the same area - this one came differently. So we are advising people to move to higher ground because you think that in the valleys or in the wetlands or in the waterways, this is what is going to happen. So some of them moved to higher ground, but it is that higher ground which gave in. The 39 children who were taken from one school, their headmaster and three teachers I might add because it was 11 o’clock in the evening, maybe whole families had moved to higher ground but that higher ground was swept and it is the one which is now sitting at Copa which is now populated by stones and mud rather than houses.
So, our warnings came to nothing because we never anticipated the amount of earth and stones that was going to be moved by this cyclone. This gives us an insight of what we have to do for the future as a country and as a people. What do we do with settlement patterns? Can we redesign a settlement pattern that assures us that in a place like Chipinge, which only recently had a tremor of the size of 5.7 on the Richter scale and by any means that is very high? And, if it has another tremor as scientists now believe that maybe there was a small tremor two hours before this cyclone hit Chimanimani, that settlement pattern now has to change.
Certainly, when the President went to Ngangu and when our teams went to Ngangu, which included Hon. Shiri, the people in Ngangu are saying move us from here, but where do we move them to. That is the planning that we have now to think in terms of going forward.
Infrastructure of agriculture has been damaged. We have been given extensive damage that has happened in agriculture. Infrastructure in relationship to horticulture for instance, as you know, this is where we have Macadamia nuts and most of our tea and all that has been damaged.
The infrastructure of small scale vendors and others has been destroyed. So, to bring livelihoods to our people has become now the focus of where we need to go.
Yes, in a situation like this, we need all the wisdom and sometime after the fact, all of us have become wiser and we need input from everyone so that we can plan better and we can move better. But, let us focus on restoring infrastructure of roads and livelihoods, including agriculture. Let us focus on re-planning so that we have sustainable settlement patterns. Let us all focus on ensuring that our people, when they are told to be alert, they should be alert because the consequences are very serious. Mr. President, I can go on and on but it is better that I listen to Members so that I take note of important issues to consider. I thank you.
HON. SEN. NCUBE: I would like to thank the Minister for the
Ministerial Statement on the issue of Cyclone Idai. I want to ask the Minister about what we saw in the newspapers that the donations have been diverted. Is it true Hon. Minister?
HON. J. MOYO: Mr. President, what we have advised our people is that this cyclone requires that Zimbabweans work together. In working together, I have already said, anybody who has a transport system and going to that area or dares to go to that area should surely carry something. Unfortunately, if people end up carrying something with a car written ZANU PF, then it becomes a grabbing issue. We have been working, for instance with the former mayor of Mutare City Council, Brian James. He is a well known member of the MDC. He has carried things from us. We have sat with him in our command centre. He is now at one of our forward depots called Mwengezi including his wife. We have people like that and that has not been an issue.
Unfortunately, as I said, these comrades went to Chipinge and they were going to use that road which I said has been opened up to go to Copper and the others were going to Peacock. Those are the areas where we have not reached. Like we had said to the NGOs and I was there myself when the NGOs were getting food to take to people who were at one of the 26 centres. They were told at Chipinge; you are going to that area, can you carry these. Once they did that, for a lot of people because the vehicle is written ZANU PF, you have already grabbed.
I assure you that we do not allow any political interference in the distribution of food. I have already said that the Senator is a member of a political party. Hon. Sacco is the Member of Parliament and without him, this relief effort would have been impossible. We applauded them.
I went to the Lower House and I said Members of Parliament, what Hon. Sacco has demonstrated to us by his knowledge of the area he represents is what we require of our people who are representatives of the people. At this hour of need, we need this leadership to go and console the people in the areas where they can be reached. We have said nobody from now onwards takes any food even though we have pressure.
So, let us not go beyond what has happened as if food has been taken from a large quantity to areas of that nature. Our message is yes, it might have happened but it was well meant. The officers who wanted to do this knew there was pressure but we had already given instructions that nobody carries food when they are identifying themselves as a political party. Unfortunately, the cars they were using where of a political party. I thank you.
HON. SEN. KHUPE: I just want to publicly commend the Hon. Minister J. Moyo for giving us updates on a continual basis since we were affected as a nation by this calamity. I remember for the last 10 or so days, he has been in the media giving us updates as a Government Minister and that is what we want. If we are kept informed, it kills rumour and negative information about the situation. Hon. Moyo, I want to conclude by saying keep it up but on the other side unfortunately, we are not going to know perhaps as disabled people, how many disabled people perished because of this cyclone. If ever by any chance you have that data, please let us know. Thank you.
HON. SEN. SHOKO: Mr. President, the situation that befell us is a terrible situation but I would also want to hear from the Minister on two issues. The first issue is he has only talked about Chipinge and Chimanimani but we understand that part of Masvingo was affected, especially Bikita. We want to know what is happening there. We have also seen in the media that there are a lot of countries that have come forward to donate things, cash or whatever. Is it possible for the Minister to honour the honourable House by giving us statistics of the donations that have been given towards the disaster that happened in these areas? I thank you.
HON. SEN. MAVETERA: I think this is one of the darkest hours in our country and with such disasters, people may speculate but it has got no formula because no one was ever trained and we are not geographically in the area where we could probably imagine such a disaster befalling us, especially a disaster of that magnitude. I want to ask the Minister because at the moment we are at a loss to know how many of our citizenry were affected by this cyclone but we know we have got census statistics. These could give us a rough idea of how many people were living in those areas and how many so far have been rescued and probably give us the magnitude of what has happened because at the moment, we suspect this could be just a tip of the iceberg from what we are witnessing. There is much more to it.
The second issue is we understand from the newspaper the sterling work being done by our Defence Forces but we want to know how many aircrafts does the Defence Forces have because from what we heard, it was like we had one helicopter from the Air Force of Zimbabwe and a few others. Did we make attempts to probably ask our neighbours to assist with aircrafts during this period? Thank you Mr. President.
*HON. SEN. CHIRONGOMA: Thank you Mr. President. Allow me to thank the Minister of Local Government, Minister of Local Government, Public Works and National Housing and the leaders; we have seen them on television. The work that they are doing is very strenuous. What has befallen us is a first of its kind and it has really touched us but the way you ran around Minister with your team and also taking the President to see what had happened showed that you have people at heart.
We want to thank you Minister for the way you really articulated all those places without even reading anywhere. It shows that this Minister did his work whole heartedly with the other Ministers as well and the Government of Zimbabwe. We are proud of you, keep up the good work. We know the work that is ahead of you is very huge. I think just remain focused, do not listen to what people are saying until all the people of Zimbabwe have rested well. As Members of the Senate, we want you to give us guidance that as the Senate, how can we contribute. We also want to thank you for what you have said that as the Senate, we should go there and have first hand information, we want to thank you Minister.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr.
President. I have been to those places; not all of them because the other areas are inaccessible. What I saw here from the Senators, I want to thank you for what you have done. When the Minister was presenting, I have seen that all of us were united and we appreciated this good thing.
I think Zimbabweans should see that we are united on this issue and it is very important for our country. I would not repeat thanking the Minister and Hon. Shiri; they are stars in our midst. You have lifted up your profiles. I think because of this, you are building up your profiles. What is important is communication. What lacks when it comes to leadership is communication. The way that you are giving out information including the Minister of Communication exhibits good administration and good management. You should tell the people the truth and I want to compliment you on that.
This issue before us is very difficult because no one knew about it.
Someone said to me the prophests that we have, why did they not tell us. How do they prophesy when they cannot see that people are dying? The issue is that the prophets we have, their capacity is now questionable. Us as Chiefs, people are calling us. As I was coming here, I stopped my car and somebody approached me and said Chief Charumbira, I want to talk to you about what happened. You as Chiefs - he said he is a prophet. – He said as chiefs, you were supposed to do this. He came up with all sorts of philosophies and theories Chimanimani has brought new theories about Zimbabwe.
When I was with Chief Mapa, someone approached us with a piece of paper and he said what he was seeing is, this is what we are supposed to do. What I am saying is all of us here were caught unaware but thinkers have been raised up in our midst but at the end of the day, we need unity. Like on Friday, there were three donations; the Minister came out and the whole day there were queues from Bulawayo, Harare, all over the country, people donating. We are so grateful for that. I want to thank you. We should unite on everything so that our country moves forward. Thank you.
*HON. SEN. HUNGWE: Thank you Mr. President. I would not
say a lot because what has happened in this House is so amazing. I want to say, what the Minister has said concerning this cyclone Idai which killed a lot of people and others are still missing; the way that he articulated it, was it not better if ZBC was here so that people would see the Minister telling the nation what has befallen our nation and encouraging that all of us should go there and see.
In my view, people like us from the Senate, I think we should make an agreement that we should come together as Senators and do something which shows that it has come from the Senate House. I went there and I saw how people were giving assistance. I do not know where they got the goods from. Some were coming with small items like beans and people would say look for somewhere to pour them. That spirit which shows that they are relatives; my friends who are missing; that is what the Minister is saying. I think as Senators, we should also go upfront. All of us here are representing people in our constituencies. We were chosen by people because of the work we are doing in our communities. I think we should come together and ask the President or Chief Charumbira that we should come together on a date to be agreed upon so that we talk on this issue as Senators of Zimbabwe.
In conclusion, I would like to say that Mr. President and Minister, I have seen what you were doing and it really touched my heart. Like the rest of the people, I went back to my rural home and I talked to people and they brought a lot of items and I was shocked where they got all those items from. They all wanted those items to be taken to those affected areas but my worry was how they were going to cook the food because I did not see any pots there; even water buckets or cooking sticks. I was just thinking by myself that even if we saw the Minister since we were far away from him, we would hear that there were goods being received and we noticed people moving around with bales of clothes but I did not see any pots there. I do not know how they were going to prepare the food. If there was no electricity and firewood; were there enough match sticks even the firewood was wet. If the firewood is wet and it is difficult to catch fire but I am just saying, Hon. Minister, you saw more on the ground than we were able to see. Finally, Mr.
President, on your behalf and our own behalf, we must thank the Minister and his team. I thank you.
*HON. SEN. FEMAI: Thank you Mr. President. The elderly say, chakanaka chakanaka mukaka haurungwe (what is good should not be spoiled). If we pray in this House, when you say, ‘let us pray,’ I have not seen anyone continue closing their eyes because of their party affiliation or anyone who deliberately open their eyes for the reason of party affiliations. We all close our eyes because we want to be with God.
What happened shows that it is godly, Zimbabwe is one. I want to thank you immensely Hon. Minister. No one would come here to lie to the nation concerning what you have told us in this House as we listened quietly; it is not possible. You spoke of things that were so touching and we were left with the feeling of what happened – [HON. SENATORS: Hear, hear.] – I come from Chimanimani and the places that were referred to by the Hon. Minister, I knew that he was speaking the truth because I know all these places since that is where I grew up from and went to school. The road that was said to have been diverted passes through my homestead as it connects to Biriri. I want to thank you Hon.
Minister, and you should not look at my face as Femai but as a Zimbabwean – [HON. SENATORS: Hear, hear.] - You showed us the way of leadership.
I want to thank Hon. Minister Shiri whom I saw whilst I was seated eating sadza in Mutare. He came in and I stood up without noticing him as he was dressed for work, that of rescuing people – [HON. SENATORS: Hear, hear.] – When I came back, I spoke to the Chief and said that, if only could get four of such Ministers – [HON. SENATORS: Hear, hear.] – I said if we could get only four without adding more, then our country will be Zimbabwe again – [HON. SENATORS: Hear, hear.] – So, I want to thank you Hon. Minister and urge you to continue like that. You carried out your work without discriminating against race or political party. Of course, there are others who say they are being led by you and yet they do their own things; that happends on both sides of the House and it is something which is inherent within the human race. However, you showed that you wanted a good thing to prevail, and we thank you so much.
THE HON. DEPUTY PRESIDENT OF SENATE: Before I
give the Hon. Minister to respond to the queries which have been raised,
I would like to advise the Hon. Senators because we were on recess.
The Speaker of the National Assembly issued a statement on what Members of Parliament, both from the National Assembly and Senate can do in terms of contributions to this calamity which has befallen us. There is a biller code to which you can send your money. We will avail the details before you leave today, as well as some bins which have been placed around Parliament where you can deposit any effects which you want carried to the area which is under distress.
HON. J. MOYO: Thank you Mr. President. I want to thank you so much. I will not be able to repeat most of the comments because they spoke better than did. Let me just answer where there are queries by Hon. Sen. Ncube.
The issues of grabbing, I have already spoken concerning that. On disaggregated data, on a daily basis, we are open for the receiving of goods here in Harare. If you go to the Ministry of Local Government, Public Works and National Housing, there is a 24-hour service where we receive these goods.
The storage facilities were difficult and we have decided to store them at Manyame Air Base because there are many countries sending us goods. It is better for us to store them there and move them either to Manicaland or as I will indicate from another questioner to all other places here in Zimbabwe affected by Cyclone Idai. In Manicaland, at the Provincial Administrator’s Office, there are people who are there throughout and also at the World Vision, we have people whose work is just to receive. They will not be combined with those who dispatch. So, when I get a daily brief like this one, I get the received and a separate one of dispatched because at the end of the day, we require that all these be done in a transparent way.
The same happens at the forwarding depots which I have mentioned. At Wengezi, Chipinge and Silver Stream, there are those who receive and those who dispatch. When we get to the 26 places that I have mentioned where we are now distributing, we also require that separation of saying, you have received so much, you have distributed to so and so. This is because most families need assistance and if we do not write down, another person will come for the second time and receive when others are still waiting. During this time when we are not able to move enough, it is very good for us to keep records so that we do not repeat whilst other families or individuals are still waiting.
The question that was given by Hon. Sen. Shoko on other provinces, as I said in Zaka, Bikita, Gutu, we are sending goods there from here in Harare. When we receive, for instance the consignment we received from United Arab Emirates, it is of drugs, shelter and food – because of the houses destroyed, in Buhera for instance have the statistics of each of the areas and so, we need to send tentages that were brought in and we will record that. So, all the districts which have been affected, we are sending something from Harare or if need be, from Mutare but we do not encourage that. We have designated Mutare for Chipinge, Chimanimani, Buhera, Mutasa and Nyanga as well as Mutare urban and rural. Those are the areas where we are designating and sending things to. Yes, all the people that were affected are receiving. The statistics about donations, it is a daily thing and at an appropriate time if this House wishes, we will come when we think that things have stabilised and we can give a report about donations. What we have said is that all cash donations shall be through the Ministry of Finance and Economic Development. They have a special account which has been opened by the Ministry of Finance and Economic Development.
Even us, when we want to use cash, we go to the Ministry of Finance and Economic Development, but the Ministry of Finance has also allowed temporary deposit accounts for quick disposal in all the districts that I have mentioned including the PA’s office in Manicaland and the DA’s office in Chimanimani, Chipinge and all the other districts. This is for quick disposal. For instance the burials, if you looked at our statistics, we say 179 have died and our official says they buried 102. You might start thinking what has happened to the others who were not buried. It is because in their accounting, you only give to somebody who has brought a birth certificate. But, this is your normal disaster and this other disaster once we saw them doing this, we said please give to anybody who is burying.
So, all the 179 are buried and they have been given that $1 000 and that $1 000 has to go through temporary deposit accounts. We have allowed those temporary deposits accounts also to receive money and on a weekly basis for instance, Air Chief Marshall Shiri and the Minister of Defence, we were in Mutare on Saturday until 11.30 in the evening. Part of what we wanted to receive, just to give ourselves an idea, is the accounts of everything that has been used in Manicaland. We got the accounts and we were very happy that we have officers who are able to do this even when they are working under pressure. That has been happening and so we have statistics about what has been going on in every district in the country that has been hit by this cyclone.
As to how many were attended to, how many were rescued, how many helicopters and what about our neighbours, I said at the beginning it is very difficult although through the Ministry of Social Welfare and the Ministry of Education, we have set up psycho-social counselling centres everywhere because the aftermath of this trauma is horrific to individuals and families. So, we have set this up but we cannot say we have attended to all because we still do not know the numbers. We do not know the numbers that have actually died. We only account for those we have seen. We do not know those who have been displaced, we only count those who have been reported to us.
So as for the numbers, it is an ongoing process. How many have been rescued, the rescue is in a different manner. We evacuated everybody who was seriously injured by helicopter to Chipinge and to Mutambara Hospitals because we had restocked those hospitals. Some were evacuated to Mutare. There were only 53 who we thought were severe in terms of injuries. Some who were released, we found out that we had ignored the fact of counselling and the fact of transportation to their homes. Some of them, their homes were impassable and so, we had to set up again how to deal with people who were translocated to hospitals, released and to where. We had to do that and so these psychosocial counseling centres have been set everywhere. We have asked cooperating partners, churches and others who can counsel.
Chief Charumbira has talked about his presence there. From Day 1, Chief Chiduku and Chief Makumbe were there representing the chieftainships in Manicaland. You could see them counselling us before they even thought of moving outside because they could detect the stress of the Ministers and officiate who were there. They sat there quietly. I remember one time and Chief Charumbira was there, we were trying to encourage one NGO to say we appreciate your work but work through us. They said you are not grassroots and I said with due respect madam, grassroots means a village head, a headman and a chief.
Those are in our Constitution and are considered as communities. These communities you are working with, we are trying to deliver food and medicine through them and that is why you see these chiefs sitting here and quietly listening to what you are saying; can you check with them what a community looks like so that we can all work through to those communities? You could see that the chiefs were actually trying to counsel not just us, but those NGOs also who are working because some of them have no clear understanding of the difficulties that we are faced with.
As to how many helicopters, I can tell you, as I said at the beginning that the helicopters that were put to our disposal by the Air Force helped us a lot, but we ended up having helicopters that came from other Zimbabweans. Executive Air here, although they did not have the helicopters, they had planes which were there but because we could not use them, the old man who looked older than me ended up working with Air Commodore Chiganze to make sure that the planes were going in and out and you could see them working together, but this comes from Executive Air here at Charles Prince.
So, this is the amount of assistance that we were getting and from our neighbouring countries, we have helicopters that are there. There are helicopters that came from South Africa. As Zimbabweans, we must also be cognisant of the fact that the situation in Mozambique is even worse and the Air Force of South Africa, even when we discussed; can we ask them, you feel you are being unfair. The Air Force of South Africa is doing a lot of work in Mozambique and even with this situation, we are still better off than Mozambique. So, we have asked but we got private people donating and bringing their aircraft to this country and they are still working. When we left, there were 12 to 14 helicopters. The only problem was that our helicopters were small and could not carry the type of food that was needed.
The rest and let me just thank you for all your comments. Hon. Sen. Chirongoma, Hon. Sen. Chief Charumbira and all the input that you have put to us, Hon. Sen. Hungwe and Hon. Sen. Femai. I can only say as the Senate, if you lead the people will appreciate. When they see you at your age, they feel that this is a caring Zimbabwe. Sometimes when they see you from the Lower House and I do not mean any harm, they think they are coming to politic. At your age, they think you are coming to commensurate with them. I thank you.
THE HON. DEPUTY PRESIDENT OF SENATE: Minister, I
want to thank you for that statement which you have made and clarified the queries which the Hon. Senators had. Unfortunately, because of serious time constraints which are beyond my control, we will have to move on to the next item on the Order Paper.
MINISTERIAL STATEMENT
DEPLOYMENT OF DEFENCE FORCES BY HIS EXCELLENCY,
THE PRESIDENT
THE MINSTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. I rise to give a statement by the President of the Republic of Zimbabwe in terms of Section 214 (a) paragraph (i) of the Constitution of Zimbabwe on the deployment of the Defence Forces on the 1st of August 2018 and 14 to 16th January 2019.
Mr. President, His Excellency the President of the Republic of Zimbabwe having deployed the Zimbabwe Defence Forces in Zimbabwe for the period 1st August 2018 and 14-16th January, 2019, under the authority granted in terms of Section 213 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 and being required by
section 214 (a) (i) of the Constitution to inform Parliament promptly and in appropriate detail, the reasons of the deployment, he hereby informs Parliament as follows:
The Commissioner General of Police having satisfied himself of the riotous situation existing in all major cities and towns in Zimbabwe; and having satisfied himself that the rioters had violated the right to life, right to human dignity, right to personal security, right not to be compelled to belong to an association or to attend a meeting or gathering, right to freedom of movement, right to hold, occupy, use and dispose of property, right to education and rights of children of ordinary citizens and residents, as enshrined by the Constitution.
And having satisfied that the conduct of the rioters was criminal in nature and recognised offences under the criminal justice system of the Republic of Zimbabwe.
And having being satisfied that the Zimbabwe Republic Police was unable to contain the riotous situation as aforementioned which resulted in the loss of life, brazen violations of basic human rights, personal security and destruction of private and public property, including Police stations. The Commissioner General in terms of section 37(1) of the
Public Order and Security Act [Chapter 11:17] requested the Minister of
Home Affairs and Cultural Heritage to use his discretion and request that Minister responsible for Defence to authorise the Defence Forces to assist the police in the exercise of their functions in terms of the Act in order to suppress the violent, riotous and destructive conduct that was occurring throughout the country which conduct undermined the rule of law and citizen’s rights as aforestated.
The Minister of Defence following upon the request and guided by
Section 213 (1); (2) (b) of the Constitution, that provides that only the President, as Commander-in-Chief of the Defence Forces has the power to authorize the deployment of the Defence Forces in Zimbabwe to support the police service in the maintenance of public order.
His Excellency having dully considered the request and having applied his mind to the situation, authorized the deployment of the Defence Forces to suppress the riotous and destructive conduct that pervaded the country.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. SAMUKANGE: Mr. President, I move that Order of the
day No. 1 be stood over until all Orders of the day have been disposed
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE 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): Mr.
President I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday 27th March, 2019.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the
Senate adjourned at Twelve Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 6th March, 2019
The Senate met at Half-past Two o’clock p. m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
COMMITTEE STAGE
CONSIDERATION OF AN ADVERSE REPORT BY THE
PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY
INSTRUMENT NO. 148 OF 2018 VUNGU RURAL DISTRICT
COUNCIL (ENVIRONMENTAL BY-LAWS) REGULATIONS, 2018
First Order read: Committee Stage: Consideration of an Adverse
Report by the Parliamentary Legal Committee on Statutory Instrument
No. 148 of 2018, Vungu Rural District Council (Environmental ByLaws) Regulations published in the Gazette during the month of August, 2018.
House in Committee.
HON. SAMUKANGE: Thank you Madam Chair. I think most of
what I said yesterday applies in respect of this Adverse Report. Section 31 of Statutory Instrument 148 of 2018, Vungu Rural District Council
Environmental By-Laws, 2018 and similarly Section 31 of the Statutory
Instrument, 149 of 2018, Bikita Rural District Council, Environmental By-Laws, 2018 are ultra vires the enabling Act. The Committee found the Section cited in Statutory Instrument 148 and 149 to be ultra vires the Rural District Councils Act, Chapter 29, column 03. The adverse Sections provide for penalties above those prescribed by the enabling Act. The Act provides that no such penalty shall exceed level five or of period not exceeding 6 months or to both such fine and such imprisonment. In each Statutory Instrument cited, Section 31 provides that any person who contravenes by-laws shall be guilty of an offence and liable to a fine not exceeding level six.
In summary, it is the Committee’s opinion that Statutory Instrument 149 and 148 are ultra vires the enabling Act and therefore unconstitutional. What we are saying basically is that a Statutory Instrument must be in compliance with the main Act. If it is not in compliance with the main Act, it is contravening that Act because the main Act is the parent Act that provides the penalties and the penalties have already been provided in the main Act. They cannot be amended by a Statutory Instrument like I said yesterday. This is the reason why we are saying in respect of these two Statutory Provisions, 148 and 149, they are in contravention of the main Act and therefore in Contravention of the Constitution. In brief, that is what I can say and I urge the Senators to accept our opinion. We are from legal section, supported by the Secretariat.
I must point out that although we are not obliged, as a matter of practice, in fact since 2013 when I became the Chairperson, it has been our practice and policy that we invite the responsible people before we issue an Adverse Report. We invite the Minister responsible and ask them to either come and discuss the matter and try to persuade us if we are wrong. In this particular case, we have done that, we have invited the Minister responsible and they have not done anything.
Consequently, I urge that the Adverse Report be adopted by this House if it pleases you Madam Chair.
HON. SEN. MAVETERA: Thank you Madam Chair. I think
this Statutory Instrument is against the basic tenets of drafting of Statutory Instruments. It is very disheartening that when they were called to rectify, they found it necessary to bring it as it is. So, I do not think that we need to waste this Hon. House’s time in debating something which is in contravention with the parent law which is the enabling Act. So as such, I would implore this Hon. House to uphold the decision made by the Parliamentary Legal Committee. I thank you Madam Chair.
HON. SEN. SHOKO: Thank you Madam Chair. It is very clear
that Statutory Instruments 148 and 149, if they are against the enabling Act, we should not waste a lot of time debating those because ordinarily, they are not complying with the enabling Act. Madam Chair, I will persuade the House that we move forward and dispose of these Statutory
Instruments. Thank you.
House resumed.
Progress reported.
HON. SAMUKANGE: Mr. President, the Committee of the
House having given consideration to the report of the Parliamentary
Legal Committee on Statutory Instrument No. 148 of 2018, Vungu Rural
District Council (Environmental By-Laws) Regulations of 2018 and
Statutory Instrument No. 149 of 2018 Bikita Rural District Council
(Traffic By-Laws) Regulations of 2018 published in the Government Gazette in November 2018, has resolved that the Statutory Instrument would if enacted be in contravention of the Declaration of Rights. I now move that the debate be concluded.
Motion put and agreed to.
COMMITTEE STAGE
CONSIDERATION OF AN ADVERSE REPORT BY THE
PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY
INSTRUMENT NO. 253 OF 2018 CIVIL AVIATION (GENERAL
PROCEDURES AND ENFORCEMENT) REGULATIONS, 2018 AND STATUTORY INSTRUMENT NO. 255 OF 2018 CIVIL AVIATION (INSTRUMENT FLIGHT PROCEDURES) REGULATIONS, 2018
AND STATUTORY INSTRUMENT NO. 271 OF 2018 CIVIL
AVIATION (REMOTELY PILOTED AIRCRAFT) REGULATIONS,
2018
Second Order read: Committee Stage: Consideration of an Adverse
Report by the Parliamentary Legal Committee on Statutory Instrument
No. 253 of 2018 – Civil Aviation (General Procedures and
Enforcement), Regulations, 2018, Statutory Instrument No. 255 of 2018
– Civil Aviation (Instrument Flight Procedures) Regulations, 2018 and
Statutory Instrument No. 271 of 2018 – Civil Aviation (Remotely Piloted Aircraft) Regulations, 2018.
House in Committee.
HON. SAMUKANGE: In pursuit of its constitutional mandate as provided for in Section 152 (4) of the Constitution of Zimbabwe, the
Parliamentary Legal Committee (herein referred to as “the Committee”) considered Statutory Instruments gazetted in November and December 2018. After deliberations the Committee unanimously (4:0) resolved that an adverse report be issued in respect of Statutory Instruments 253, 255 and 271 of 2018 due to the following reasons:
- The Committee had written to the Minister with regard to Statutory Instruments 253 and 255 and received no response. The Minister did not bother to respond to our letter either to simply say I agree or disagree with you or to say we will attend to the amendment of these provisions. Nothing, they just went quiet.
- Sections 18 (6), 18 and 55 of Statutory Instruemnts 253, 255 and 271 of 2018 are ultra vires the Civil Aviation Act (hereinafter referred to as the “Enabling Act”), which provides in Section 79
(5), that “Regulations made under this section may prescribe penalties for contraventions thereof, but no such penalty shall exceed a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment”.
The adverse sections provide for penalties above those prescribed
by the enabling Act cited above. The Act provides that no such penalty shall exceed a fine of level five or for a period not exceeding six months or to both such fine and such imprisonment.
In each Statutory Instrument cited, the sections which legislate for penalties provide that any person who contravenes the by-laws “shall be guilty of an offence … and liable to a fine not exceeding level 14 and imprisonment for a period of two years.” this violates section 134 (c) of the Constitution, which states “that Statutory Instruments must be consistent with the Act of Parliament under which their mandate falls.”.
The Executive cannot usurp Parliament’s legislative role nor can it exceed the limits of the power to make subsidiary legislation given to it by Parliament.
Summarily, it is the Committee’s opinion that Statutory Instrument Nos. 253, 255 and 271 are ultra vires the enabling Act and unconstitutional for that reason as cited above. Like the previous one that we have just dealt with, you will notice that for some reason the drafters decided to increase the penalties which is outside the perimeters of the enabling Act. Consequently, because of that, it violates both the main Act and the Constitution and it becomes unconstitutional. I am not surprised that the Minister having read our Adverse Report decided not to even respond to it. I would urge that this House adopts the Adverse Report and set this contravention aside.
House resumed.
Adverse Report reported without amendments.
HON. SAMUKANGE: I seek leave to move that the Senate
having given consideration to the report of the Parliamentary Legal
Committee on Statutory Instrument 253 of 2018, Civil Aviation Act
(General Procedure and Enforcement) Regulations of 2018; Statutory
Instrument Number 255 of 2018, Civil Aviation (Instrument Flight
Procedures) Regulations of 2018 and Statutory Instrument 271 of 2018, Civil Aviation (Remotely Piloted Aircraft) Regulations of 2018: published in the Government Gazette in November 2018, resolved that the Statutory Instrument would, if enacted, be in contravention of
Section 49 of the Constitution. So I move.
Motion put and agreed to.
COMMITTEE STAGE
CONSIDERATION OF AN ADVERSE REPORT BY THE
PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY
INSTRUMENT NUMBER 247 OF 2018 AGRICULTURAL
MARKETING AUTHORITY (COMMAND AGRICULTURE
SCHEME FOR DOMESTIC CROP, LIVESTOCK AND FISHERIES PRODUCTION) REGULATIONS, 2018
Third Order read: Committee to resume on the Adverse Report by the Parliamentary Legal Committee on Statutory Instrument Number
247 of 2018, Agricultural Marketing Authority, Command Agriculture
Scheme for domestic crop, livestock and fisheries production Regulations 2018, published in the Government Gazette during the month of November 2018.
House in Committee:
HON. SAMUKANGE: Just before the Senate assumed
sitting here, I was approached by the Deputy Chief Whip that the Minister is not available today. However, he would want to participate when the Senate would be debating this Statutory Instrument and consequently, it is only fair, we agreed yesterday, that he must be present so that he also puts across his side of the law as he understands it. So, it is my submission, Madam Chair that the debate be further postponed.
House resumed.
Progress reported.
Committee to resume: Thursday, 7th March, 2019.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fourth Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND CENTRAL PROVINCE (HON. SEN. MAVHUNGA): Thank you
Mr. President. I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 7th March, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Order of the Day Number 5 be stood over until the rest of the Orders of the Day have been disposed of.
HON. CHIMBUDZI: I second.
Motion put and agreed to.
MOTION
HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS HON. SEN. S. NCUBE: Mr. President, I move the motion standing in my name that this House –
COGNISANT that Sections 48 and 52 of Zimbabwe’s Constitution guarantee the rights to life and security;
DISTURBED by the unabated gross human rights violations suffered by women, men and children occasioned by the unstable and difficulty social, economic and political hardship;
CONCERNED with the rampant violence perpetrated by some artisanal miners in mining areas resulting in the unnecessary loss of lives;
ALSO CONCERNED with the high number of cases of sexual abuse committed by some men against women and children;
NOW THEREFORE, calls upon –
- Parliament to unequivocally condemn all forms of violence; and
- Government to indiscriminately, ensure that all perpetrators of violence are brought to book.
HON. SEN. SHOKO: I second.
+HON. SEN. S. NCUBE: Thank you Mr. President for giving me this opportunity to add my voice on the issue of harassment of women and any form of abuse on women. During the last few months, we saw in many newspapers where they were pointing out that the soldiers or the uniformed forces were beating up women. Another newspaper was indicating that soldiers were raping women, another one said soldiers were beating up women, another newspaper brought out a headline that watch a soldier bringing out evil nature to the women and another one indicating that look at the soldier who is hiding his face whilst harassing a woman. As a woman, Mr President Sir, I feel pain and I hope that all women and men who are in this House and all the Zimbabweans would agree with me that harassment of women is very bad.
I would want to thank Hon. Sen. Shoko for seconding the motion that I brought into this House. Mr. President, our Constitution is very clear on Chapters 51 and 52 where they are highlighting on rights of being a woman or rights to any individual, what it takes for one to be a woman and how you should be respected. However, what we saw in the last few days is very bad. The behaviour of the soldiers left so many wounds especially to women, to our children and our relatives. Being harassed or abused in front of your siblings and more so in front of your children, especially torturing any parent or sibling in front of children is one very painful experience to a woman or to any Zimbabwean. When we talk about any form of harassment, we are referring to a mother, father and to the children because they are all affected. We saw some people beaten up using steel bars in areas like Dzivarasekwa where one person was beaten up and broke a rib.
Mr. President, there are soldiers that came to residents in Harare and forced their way into people’s homesteads. They would search to find if there is anyone in that house or if there is any male person in the house. If they found a woman, for example, there is a woman who was raped by four soldiers when two of them were guarding that woman.
These crimes have always been happening but the events I am narrating happened this year. Many people were raped during this period. A highranking Government official also stated on National TV that she had been raped at some time during the war of liberation. Rape cases have always been happening. The problem faced by victims of rape is that they are afraid of coming out in the open. When a woman is raped she loses her dignity, she suffers from stress, low esteem. There are people Mr. President, who were raped and I know those people most of the times are not able to come and express out that they were raped.
THE HON. DEPUTY PRESIDENT OF SENATE: I am
advised the word that you want to use is “dlwe, not dlwa.” I am not an authority in Ndebele.
+HON. NCUBE: Thank you Mr. President. When we are talking of rape, we are saying we are being abused. In Ndebele, I am saying we are being sexually abused. I know we have different dialects but what I am saying is the truth about rape cases. We also have some organisations and Non-Governmental Organisations, when they talk about women who have been sexually abused, they say they are about nine. When these women were raped, they sought for assistance to go into health centres so that they can be treated and most of these women were residents of Harare.
We live in a world which curses somebody who has been abused instead of cursing the abuser. Especially when we are talking of rape cases, the culprit is usually blamed for this action which befalls that person. Rape is a violent case, very abusive which was perpetrated by men in uniforms, the soldiers. We know that rape is a heinous crime. It is that kind of a crime which needs people to take serious punitive action such as incarceration. When you have been sexually violated, you are somebody who is of low esteem and stressed, you are somebody who feels de-humanised and you may have what we may term internal injuries. Victims of rape usually have very low esteem. They lose selfcontrol because it is so bad.
When we are talking about rape cases and sexual violation of women, I beg Members of this House to discuss this in unison. Women who have been sexually abused at times fall into different situations. One thing which they do is to bottle up and do not tell anybody about the violence. Some of them may even die with that secret. Of course, we have some who will come out into the open. If somebody does not come out into the open that they have been raped, it does not mean that person has not been raped. They have been raped but have their personality to maintain and hence they keep quiet.
The organisations that worked together with the Peace Project produced a report which says 55.6% have been raped in this past month, which is February. The women of Zimbabwe are women who are very busy, active, industrious and creative because they want to work for the development of their country. Some of these women took part in the war of liberation struggle. Some of them may not be formally employed but they are running their homes economically so that there is development in the home. The women of Zimbabwe are not by-standers because if they were people who would just be by-standers and fold their arms, there would be no development in Zimbabwe. We have said we are not going to be by-standers but we are going to partake in the development of our country.
At times, women are not pro-active in politics because when you are in politics, you become a target of notorious thugs, people of law creation. Women have been abused in different ways. Some of them have even died because of these heinous crimes being beaten by these people who will be persecuting them and in the process rape them. We are therefore calling upon the Government of Zimbabwe to take appropriate corrective action. We know we have been told that the Police Force of Zimbabwe has been trained to work in assisting victims of rape but what is really happening on the ground is that if somebody goes and reports to the police after being raped, at one time you end up being the person who is accused of that crime. Some women feel humiliated because they want you to demonstrate how you were raped and at times they will tell you that you really enjoyed the act of being raped. Hence, we are calling upon the Government to protect the victims of rape so that when they get to these police stations, they will get a friendly reception. There should be people who are well-trained in handling such delicate issues.
When we talk of these heinous cases, rape cases, violent cases; this does not happen only when we have the police and soldiers perpetrating. We also have domestic violence. We have a lot of people who stay with their relatives and some of the people wish these relatives could leave their homes because it seems it is a crime to look after your relatives and friends as they commit crimes within your house.
A section in our Constitution talks about the protection of the family but how are we going to protect the people in our homes? What happens when these people are supposed to be protected; they are violated by the guardian who is supposed to be protecting them, the parent who is supposed to be parenting them and the security who is supposed to be protecting them. We know in the home, the father, the mother and the children should be protected as members of the family.
A home is a man’s castle. We are not talking about these violent acts including being raped. There are many ways of how people are violated.
Some of these domestic violences include being beaten up, threshed, kicked around and some of them diedin these domestic fights in what has been termed crimes of passion.
At times, when people have a misunderstanding, they may talk over their misunderstanding and end up coming to an understanding. Whilst at some of these cases, let me take a good example of my home area which is Bulawayo. In my environment, there was a man who killed another using an iron rod which is used for digging holes. Some of them axe their victims, others kill using knives and rocks. They can use any weapon to fix their victims, and they will end up with murder.
We are appealing to the law enforcement agents to investigate and arrest people who commit these domestic crimes so that they receive the necessary punishment. We talked at length about peace and reconciliation which happened sometime back up to the time of our forefathers when they were fighting for their liberation against the colonialists. We are not saying we should only talk about domestic violence of those times, but this should include the misunderstandings which happen in the homes.
Whenever there is this domestic violence, people should sit down at a round table and look for ways of solving the problem. In Zimbabwe, we are endowed with a lot of minerals and we have had some of these specialist artisanal miners fighting to death because they will be fighting in order to own that mine. They even use machetes because they are scrambling for those mines. I am saying if one has been arrested for these heinous crimes, they should be incarcerated for a lengthy period and given a heavy sentence.
I know that we are talking against death sentence, but some of these people really deserve the death sentence because of these heinous crimes. There are people who when they are violated do not go to report the cases because what they say is that you go to the police and report but you find that person is detained for a short time. You find them walking scot free and you feel you are being violated and they may attack you anytime.
I remember when they go to the police, they are treated with kid gloves. What I have known is that when they go to report their cases to the police, they will be told that they have no fuel for their cars. What I am saying is, we want a situation where the police are properly given the tools of their trade so that when somebody goes to report a case, the policemen can quickly jump into their car, then go and arrest the perpetrator of violence. People will have faith in the police if they quickly react.
So, we need to have that situation because if police do not act on time, people will have little faith on the police and they feel that reporting such violent domestic cases is a waste of time because the perpetrator would live scot free and they will suffer in silence. Thank you.
+HON. SEN. PHUTI: Thank you for giving me this opportunity to make my contribution. I need to make my contribution on the motion raised by Hon. Sen. S. Ncube. This is a very painful act especially regarding us women and the girl child because we have lost our personality. We are people who lack respect from amongst our people because we are violated by being raped and nobody takes care of us. We have noticed that we also have the girl child being raped in school and the perpetrators of this heinous act are the principals, lecturers and the boys.
I have heard of cases whereby the principals of some of these tertiary institutions have asked for sexual favours from the girl child to get a place at that institution but it does not end there. Whenever there is an assignment which has to be done, for this child to pass, they also ask for sexual favours. The most painful thing is that the girl child does not tell the parents that she managed to pass her programme because she gave sexual favours to her principal. It is painful because we look at the age of the teachers, grey haired, nonagenarians and octogenarians raping Grade 7 pupils who are 12 to 14 years old, but they do not care.
We also have these artisanal miners raping minors; giving them sweets, jiggies or any of those small things so that they can force themselves on them. In Mangwe, these young men took up a young girl who had been said to have fallen in love with artisanal miners and this
12 year old was beaten by adult men who are from 20 years and above. They beat her on her private parts alleging she was a prostitute. I am saying the situation in the country is so bad. Some of these people whose human rights are being violated are the orphans.
We have in the neighbourhood people who know that in their environment, they have people who are orphans and they take advantage in trying to buy favours by bringing some mealie-meal or some goodies so that at the end of the day, they would rape the women in that village or even the young girls. What surprises is that some of these perpetrators of these heinous crimes are people who are well to do. They come in fancy cars full of groceries and goodies so that they can gain favours from these people whom they later sexually violate.
There are other cases whereby there are these religious prophets who pray for women who have misfortunes or umnyama in their lives at the mountain. What happens is that they indulge in sexual intercourse.
Hon. Senators, please forgive me, I am not trying to attack any religious organisation but I am talking of a fact which is really happening. These prophets are abusing their religious powers and you happen to see that this woman has been abused when she aborts. You ask who is responsible for that pregnancy and you are told it is the Pastor or the Apostle who was praying for that woman.
We also have a situation whereby the male relatives rape these girls. I remember in my constituency whereby an 11 year old was impregnated by three relatives – an uncle, a brother and a cousin. So, when we were running around in the courts when the case was in the courts, that child had turned twelve, yet the crime was committed when she was 11 years old. Then when she had turned 12, it was said that this girl had reached the age of consent and this happens because some of these people who commit these crimes have enough money to buy legal representation.
According to our Constitution, a girl below the age of 12 is within the age of consent. I have also noticed that not only are women abused in that way but even politically, we find that women are abused in the political arena. Please, I am begging you menfolk responsible for abusing women: will you please stop that habit because it is a bad and abusive habit. It does not mean that there is only sexual abuse but abuse can be in several forms like economically, financially and sexually.
Let me go further and say, not only are women abused but some men are also abused. However, men are too proud to come into the open and say that they are being sexually abused in the home by their wives and girlfriends. When that person goes to report to the police, he becomes a laughing stock to the police and they will mock that man for being abused in his home. We believe that a man’s home is his castle.
Let me conclude my contribution by saying, as hon. Members, let us inform people in our constituencies that when they are abused sexually or physically or economically, they should go and report because if you bottle that abuse, you will end up committing suicide by hanging yourself or taking some poison or live a stressful life. Mr. President that is why I am saying, we need to come out into the open when we are abused. We find that we have women who put on some mini clothes which abuse men. I am begging the people of Zimbabwe that we should not put on some scanty clothing which we should only be seeing happening in countries far away from us like in South Africa and Botswana.
You will find that some of these people move semi-naked or seminude so that when somebody tries to bend, you can see all their private parts. That is why some people will say, you asked people to rape you because of the way you were dressed. We are not butcheries whereby people would advertise the beef that they will be selling. At times even when you go to the courts, you are told that ma’am, please bend down and demonstrate the way you were bending when this man attacked you. When you bend down, they will see that you were already, semi-naked and you attracted this to yourself. I thank you.
*HON. SEN WUNGANAYI: Thank you Mr. President for giving
me this opportunity to make my contribution on the motion raised by Hon. Sen. Ncube. I think if what she said was very true, it is bad for the image of our country, especially in a situation where we have members of the security forces who go around raping our womenfolk. According to our culture, this is a heinous crime because when we are looking at people who are putting on national uniforms and whose responsibility is to protect the nation and especially to protect the weaker sex, the women, you will find that it is these protectors who are now victimising those people who they are supposed to be protecting.
Mr. President, when women are abused, regardless of who is abusing them, be it soldiers or any other civilian, my expectation was that as this case was being laid out, these women need to be serious to tackle this issue because, when your neighbor has been sexually abused as a woman, and you end up saying well, she asked for it, that is her fault - remember that tomorrow it will be your turn. I am calling upon the women of Zimbabwe that when a woman has been abused, please, do not look at that particular woman as somebody who exposed herself to the abuse.
Every woman should be protected. When Hon. Sen. Ncube was debating, I was saying, is it really true but we also heard that some of these people who were abusing people were putting on military uniform. I am saying, when we have a country where the guard is abusing those powers, who is going to guard the guard, who is going to soldier on the soldier and who is going to police the policeman? Women have to be protected. When we were growing up, we were told that women were of a weaker sex and they need to be protected and when we have people working in Government, employed to protect people and property regardless of nationality, religion or creed and you will find that they are the people who are now perpetrating this heinous crime of rape.
I am begging that this House, this is an august House responsible for the law making process, why can we not promulgate this law which will make us scrutinise as to who the victim has suffered at the hands of these abusers, especially when we talk of domestic violence. Why do these civil servants move at night and when a crime has been committed, why do they not investigate it during the day so that they apprehend that person? On the contrary, they move at night and when they find the woman there, they rape the woman. Some of them are so daring that they even rape the woman in front of her husband and rape daughters in front of their fathers and mothers. As legislators, we need to bring some of these cases into the open and we should not be silent about it because the perpetrator happens to be our blue eyed.
Mr. President, I am going to be very brief and also kindly ask our soldiers to protect the people. The last time I heard of these dangerous criminals, it was during the time of the rebellion before the Unity Accord when we had people like Gwesela. You people, you commit these crimes and why do you rape people, are you not afraid of HIV? Are you not afraid of the STIs? Why are you not upholding our culture which talks of the sanctity of human life - as soldiers entrusted by the State to protect the people and property? I thank you.
#HON. SEN. NYATHI: Thank you Mr. President for giving me
this opportunity to make my contribution on the sexual abuse and raping of our people raised by Hon. Sen. Ncube whose motion was seconded by Sen. Shoko. I want to say this perpetration of violence which we are debating now, why is it that perpetrators of such a heinous crime are not arrested? We have been told of the many cases of abuse which the womenfolk suffer. We have heard a lot of things which have happened and when we grew up we knew the main responsibility of the soldiers is to protect the nation and the police protect the people so that when there is any problem or misunderstanding, we report to the police.
The current situation is that the police are lions and the soldiers are leopards. They are predators and they instill fear in people. What we believe is that it does not mean to say that when you are security personnel you intimidate people because you are a trained person. If a man in uniform commits a crime; we should interrogate them because they are human beings just like anybody. We have a lot of ways whereby these domestic crimes are committed and these are both domestic and politically motivated crimes.
I do not know why they prefer to attack women who are of the weaker sex and men were given birth to by women. I have never heard of a case where a man has given birth to a child but we know that women are people who are respectful. When we talk of women - any woman regardless of race, colour or creed, a woman is a woman and should be given the respect which is due to her.
I was born in 1960 and in all those years I never heard anything but when I turned 56 I was incarcerated and the reason was that I was participating in politics. Surprisingly enough, there was no crime that was mentioned which I committed but it was a way of fixing me because I was in politics. The reason why they are committing these crimes is because they have had very little training. They are trained for two weeks and deployed. In the past, soldiers and policemen were given lessons on how to live with the people in communities.
At times when you ask the security personnel a question they start quoting non-existing laws because you talked back to them. I will have asked whether what this person is doing is within the law or if he is acting ultra vires so they can be corrected. I know in this country we are abusing our legal system regardless of the way we may talk nothing is going to happen. We have to establish animus furandi when a crime is committed and we need to create a situation whereby people should be afraid of committing a crime because they know they will suffer.
I remember some day when I was talking about a nurse who was killed by her boyfriend who had travelled all the way from Nkayi to Hwange to go and kill that girlfriend. At times, before we can debate these issues some of the Bills are quickly changed to protect people when that person has committed a crime and you know this person committed murder. Why should we waste our time taking such cases to court when it is obvious that the person killed someone? That is why we are saying Zimbabwe is lawless, let us talk about issues which are prevailing in the country.
We were told about domestic violence and some of the people who suffer are not going to report these cases because there is corruption. You can go and report to the police but if you do not have any money, your case will not be taken because that other offender will bribe the officers. We had a person who committed murder in Lupane and that person was incarcerated for six years. Is it really enough for someone who killed a human being? What do the members of the deceased feel?
We need to promulgate laws so that the people who commit such heinous crimes receive corresponding sentences. We should know that nobody is above the law. Whosoever commits a crime should suffer the consequences. We were elected by the people. As honourable members we should create and craft laws which protect the public. Thank you.
*HON. SEN. CHIRONGOMA: I will start by saying we are
Senators and our main job is to create laws which are aimed at making Zimbabwe a peaceful country. We also have that oversight role of looking at the performance of the country. Whenever we feel there is an abrogation of the legal system we should take corrective ways. We do that without any partisan, religious or consideration creed - to discriminate people. We are living in a country of Zimbabwe which is led by His Excellency Hon. Emmerson Dambudzo Mnangagwa. The
President who is leading the country also follows the Constitution of the country, just like what happens in other countries.
As far as I am concerned, we were progressing well since the time President Mnangagwa took office but problems started on the 14th January, 2019 - if I am not mistaking the date. We did not understand what happened on that particular day as leaders of the nation, but we should know that Zimbabwe is a democratic country and when we talk of democracy, everybody is protected regardless of parties and politics. When we are talking of His Excellency, he is the President for the whole nation and all the people, the ones who love him and those who hate him.
The President was not happy at all by what happened on that day, when the violent activities took place, he was outside the country. When he came back, he was told about the victims of these violent acts, including those who died. The President knew that he could not handle this case alone but he needed some assistance from adjudicators from other countries. These included South Africa, Britain and Tanzania; this Commission was asked to investigate the causes of the violence which happened on that particular day. True to their mandate, the Commission moved around the country investigating in an open court of law.
We discovered that some people in Zimbabwe, both young and old, wanted to usurp the powers of the State. You are all aware that Zimbabwe has a democratically elected Government which was voted into power. We know that Zimbabwe is protected by the Soldiers and the police and when somebody has been convicted and incarcerated, we have prison officers who will guard these people. When these violent activities took place, the police officers failed to contain the situation, hence they called for assistance from the security forces and the solders came and were able to maintain the peace. From that time onwards, we had peace in the country as well as progress.
We have people who are talking of victims of rape cases and torture; we are very old enough that we have clear conscience and we hate rape and torture. Therefore the question is; is it very true? The President came and explained to the Minister responsible for dissemination of information Hon. Monica Mutsvangwa saying whosoever committed such a crime should be thoroughly investigated. Those who were tortured and again raped should come out in the open and give evidence.
We have got leaders such as the Legislatures and other leaders everywhere; these people should take up this case and if there is any member of the uniformed forces who committed such a heinous crime they have to be arrested and incarcerated. Legally, if there are any victims of rape, they should come forward and conduct a parade in order for them to point those who violated them. We have known that identification parades have been held in many instances whereby the victims have managed to identify the people who violated them. So, regardless of whosoever committed the crime, be it a solder, a policeman or whoever they are, should be arrested and incarcerated. We need to have peace in the country.
When somebody has taken your wife, you have got every reason of taking that person to the courts. If that person has committed that crime secretly, an identification parade will be held so as to pinpoint that person. The reason why I am saying this is because we have got people who are just talking without any facts to be brought up forward and there are no witnesses. When we heard of those people claiming to have been raped, we expected that these victims would come up and report. Unfortunately nobody came to report such rape cases. Now, we are wondering whether these alleged rape cases are true or we have got some people who just want to tarnish the image of Zimbabwe.
Hon. Senators having jeered the Hon. Member speaking.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon.
Senators there is something called tolerance! You have got every right to move a motion in this House and debate it. If somebody stands up and gives an opinion which is different from yours, it does not mean you should jeer them or kuridza tsamwa like what I am hearing – it is wrong. We want to promote tolerance in Zimbabwe. You should not be afraid to express your opinions because you belong to party X. We fought for freedom of expression, it is in the Constitution. The Hon. Senator is expressing his views, there is nothing illegal, do not boo him. He is saying what he feels just like what the Hon. Senator Ncube did; she moved her motion freely. Let us be mature. Tolerance out there in the countryside, for it to flourish in Binga, Zaka or Mutasa, it starts with us here as Senators. Let us respect and love each other. Being ZANU PF is not a crime neither is being MDC a crime.
Hon. Sen. Shoko having laughed.
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Sen.
Shoko, what is that laughter meant for?
HON. SEN. SHOKO: Hon. President I was just smiling to what you said. It is very reasonable and dignified. When you were addressing the House, I was also nodding my head and when you finished I was also smiling that you have made a very good point. I thank you.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for
your protection. When we talk about politics, we are members of the same family, we are Zimbabweans. Whether we belong to the opposition or the ruling party, we tolerate each other. We do not discriminate each other that is why we are talking facts.
As Hon. Senators, we drafted the Constitution of the country, which we did both parties and therefore when we have crafted such a Constitution, let us then find ways of arresting the perpetrators of such heinous crimes. What we are saying calling upon you is that please go to your constituencies, talk to your people who were abused, talk to your people who were violated so that they can come forward. When they come forward, we will solve our problem and have a Zimbabwe where people act in unison and in peace. I have talked about what I have heard and this is what I contributed. I thank you.
HON. SEN. SHOKO: Thank you Mr. President. I stand up to debate the motion that has been brought by Hon. Sen. Ncube and by me. Mr. President, thank you very much for giving me this opportunity. The issue that is being discussed here is a very serious one in that when such allegations are being made to our security forces, it also does not paint a good picture to our country. You would find that we have problems in going out there and defend some of these issues. Mr. President, our Constitution itself, if you look at Section 53 it says, ‘freedom from torture or cruel, inhuman or degrading treatment or punishment. No person may be subjected to physical or psychological torture or to cruel inhuman or degrading treatment or punishment’. Mr. President, certainly there were some people that were ill-treated, there were some people that were tortured and if you go to our courts, there is evidence to that effect. There were people that had been tortured after they had been arrested and this House does not condone that because the Constitution that we passed, that was passed by the people of Zimbabwe and that was debated in this House does not allow any torture.
Mr. President, when we discuss about this motion, we should understand what happened in Germany when Hitler was the ruler then, there was a saying that when the soldiers of Hitler were going to look for trade unionists, the Jews and the ordinary population said no, they are looking for trade unionists. Trade unionists were finished, next they looked for farmers and they said no, they are looking for farmers and the farmers were swept out. Finally, they came to those people that were saying what the soldiers were doing was good. So we must always stand for the truth. We must always stand to defend what our Constitution says. I hear people saying, there was nothing like that. Certainly, there was something like that because it was all over in the Papers. If you go tothe Magistrates Court, you will get people that have been affected by what we are talking about. There were women that were raped. You can say no, they did not come forward, but they were there – people that were raped and people that were beaten. There are mothers that were raped and beaten and children that were beaten. We are very proud of our armed forces. Some of them as you know are war veterans that came from the liberation struggle and we love those people. Taiimba tichiti, mukoma zvamauya tongayi Zimbabwe. That shows love that we have but when any wrong is being committed, let us stand up as a House and talk about these things so that they are not repeated. If we try to put them under the carpet, Mr. President, one day it will be on the other hand because presently, it might be on the left hand and when it comes to the right hand, it will be very unfortunate.
This House must stand up and say, if anything of that sort had happened, those people must be dealt with but the problem that we have in this country Mr. President is selective for arrest. Another political party does things and no arrests are made, when the other political party does or has not, you will find people being arrested. That is the problem that we have Mr. President. If they are defending the country, it is welcome. If you come to arrest me, do not rape my wife, do not rape my girl child, arrest me and go with me. When you have gone with me, do not violate Section 53 of the Constitution because it says, I must be treated fairly. Let me not get into court with a broken arm or a broken leg. If you have done that, then that person is violating Section 53. Mr. President, this is an issue that we must unite and condemn in this House and say if this happened, it must not happen again. Mr. President, with those few words, I will sit down and let others debate but before I sit down, I am saying, unity of purpose in this House will save us whether you are in the ruling party or in the opposition party, you will not remain in the ruling party. One day, I will be in the ruling party and I will do it to you and I do not want to do that to you. I thank you Mr. President.
HON. SEN. S. NCUBE: I move that the debate do now adjourn.
HON. SEN. SHOKO: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th March, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
Seventh Order read: Adjourned debate on the First Report of the
Thematic Committee on Human Rights on the Zimbabwe Human Rights Commission Annual Report for the year ended December 2017.
Question again proposed.
HON. SEN. MOHADI: I move that the debate do now adjourn.
HON. SEN. SHOKO: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th March, 2019.
On the motion of HON. SEN. MOHADI, seconded by HON. SEN. SHOKO, the Senate adjourned at Twenty Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 19th February, 2020.
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
JOINT INQUIRY ON VIOLENCE BY MACHETE GANGSTERS
THE HON. SPEAKER: I have to inform this House that
pursuant to the provisions of Standing Order Number 22 (4), the
Portfolio Committees on Defence, Home Affairs and Security Services, Mines and Mining Development resolved to combine toundertake a joint inquiry on the violence perpetrated by machete wielding gangs in mining areas across the country.
FEES FOR THE PATRIOTS SPORTS CLUB
THE HON. SPEAKER: I also wish to inform the Hon. Members
that the Secretary General of the Parliament Sports Club, the Patriots wishes to inform all Members of Parliament who are interested in joining the club to pay their joining fees to Mr. Nyamuramba, in office Number 4, Pax House, Third floor, South Wing, on or before 28th
February, 2020. This will enable the procurement of Members’ official tracksuits through Tobacco Industries Marketing Board (TIMB).
Members are also required to bring training fees for the morning sessions whenever Houses are sitting from 0600 hours to 0700 hours in the morning at Girls’ High School. The sports day is now on Mondays from 1400 hours to 1700 hours at Girls High School and Prince Edward Sport Field, with effect from 24th February, 2020.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. SPEAKER: I received apologies from Hon. J. Moyo,
Minister of Local Government and Public Works and Hon. M. Chombo, Deputy Minister of Local Government and Public Works.
PRESENCE OF THE VICE PRESIDENT, HON. DR. CHIWENGA
If you can allow me Hon. Members; I recognise the presence of the Hon. Vice President, Dr. Chiwenga – [HON. MEMBERS: Hear, hear.] – I think all of us are aware that he has been indisposed for quite a while and we are happy that he is back on his feet and he has joined us today.
HON. DR. LABODE: Thank you Mr. Speaker Sir. I once raised
the point of privilege in this House on my concern about the fact that the National Aids Council (NAC) one and a half years later still has no board. This is an organisation that every one of you in this House pays 3% levy every month but there is also no Chief Executive officer. So we wonder who is actually managing that funding. The same NAC is the recipient of the Global Fund and the TB Fund.
I raised this concern as one seconded to the CCM by Parliament which controls the Global Fund. I raised it in that forum where the donors were in attendance. I was told by the Permanent Secretary the reason why there is no board and why the Ministry has gone ahead and sought permission going round the Act that governs NAC to interview a CEO which they have since done as a Ministry contrary to the Act. This is because the President’s Office for the past one and half years has failed to adjudicate Members of the board. Please can the Minister be asked to come and give us further details because something is not right somewhere. I thank you.
THE HON. SPEAKER: Again, in today’s question time that
would have been best treated through a question so that there will be some bit of debate.
HON. CHIKWINYA: My point of privilege arises from the fact that the City of Kwekwe, which houses the Constituency of Mbizo had two tragedies in the past two weeks which directly affects me as a representative of that community. The first one was a collapse of a mine where on record four people died although speaking to other relatives I think there are more individuals who have not yet been accounted for. The second incident was as a result of a ZUPCO bus where on record seven people died on site. I want to draw you back to the first tragedy with regards to the preparedness of the CPU, which is our disaster management body. It seems that we are not prepared as a country.
THE HON. SPEAKER: Order, order, can you go to your
privilege quickly.
HON. CHIKWINYA: It seems that as a country we are continuously experiencing incidences where the CPU is being called to action but even if you looked at some points of privilege where Hon. Members from various constituencies raised matters where the CPU was called into action, I would refer to Hon. Paradza from Chinhoyi, and other Hon. Members from Binga. I think as a country we are not capacitating that department enough to be able to respond to incidences that are befalling our citizens. I would therefore call upon the Hon. Minister responsible to come and share with us the challenges which they are facing as a Ministry to fail to respond to these incidences. We are currently depending on the members of the community for assistance. We could have saved lives had our CPU department been able to respond in time. I thank you.
THE HON. SPEAKER: Again that matter has to be dealt with
under question time so that there will be some debate.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. NDUNA: My question which I could not ask last week
goes to the Minister of Information and Publicity as it relates to coverage of ...
THE HON. SPEAKER: Hon. Government Chief Whip, can we
have order at the back there please.
HON. NDUNA: My question relates to coverage of Parliamentary processes in terms of information dissemination according to Section 141 of the Constitution, which states that all Parliamentary processes need to be made public.
THE HON. SPEAKER: Please do not debate. Can you ask a question?
HON. NDUNA: What is Government policy relating to coverage of Parliamentary debates, in particular, using the radio communication which disseminates and broadcasts these Parliamentary processes far and wide as compared to the television network?
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN.
MUTSVANGWA): Thank you Mr. Speaker Sir. I thank the Hon.
Member for the question. Government policy is to cover all processes. As a Ministry, we are mandated to ensure that we give all the people of this country access to information. Moreso, information coming from those who the peple elected to Parliament. What is important is to understand that we also have challenges pertaining to financial constraints. The Minister is here and I am happy that he acknowledged it at the last post budget.
An Hon. Member having passed between the Member debating and
the Chair.
THE HON. SPEAKER: Order, order, order. Hon. Sibanda you cannot go in between the Member debating and the Chair.
HON. SEN. MUTSVANGWA: So I was saying our mandate as a
Ministry is to make sure that the people of this country have access to information. A lot of effort is being put by the Second Republic to make sure that we also licence more television stations and community radios.
This is all being done to ensure that we fulfil that mandate for Zimbabweans to have access to information. His question is about covering Parliamentary processes. I was saying this is information that is vital to get to the people because this august House is full of people who have been elected by the people and whatever they say is critical that it gets to the people of this country. We are doing everything we can to make sure that all the processes of Parliament are covered. I thank you.
THE HON. SPEAKER: I see the Minister was quite lucid.
HON. NDUNA: The question relates to the radio coverage of Classic 263, are there any challenges that she is currently facing to restore radio coverage that used to be there till December, 2019. It is no longer there. Are there any challenges she might want to share with us?
HON. SEN. MUTSVANGWA: That is a question which might
need some investigations so as to get the exact answer from Classic 263.
I would be happy to give you feedback as soon as I have it.
THE HON. SPEAKER: Hon. Nduna, can you please put your
question in writing?
+HON. MATHE: Thank you Mr. Speaker. My question is
directed to the Minister of Primary and Secondary Education. What is the policy on hiring teachers that are coming from all the different provinces of the country vis a vis the law that we have in our country that says we should respect all recognised languages in Zimbabwe. When they are hiring, what is it that they are supposed to do so that they take the points that I have said into consideration?
THE HON. SPEAKER: Order, order. Is the Hon. Minister of
Public Service, Labour and Social Welfare here? Perhaps the Hon.
Minister of Primary and Secondary Education can answer.
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. MATHEMA): Thank you Mr. Speaker Sir. I thank the Hon. Member for asking the question. Our laws and rules are very clear on the appointment of teachers, that indeed every region of Zimbabwe has to have teachers from their areas. We are employing teachers from every district right across the country. Thank you.
THE HON. SPEAKER: Hon. Minister, please take note that those at the back did not get your answer.
+HON. MATHEMA: Thank you Mr. Speaker Sir. I also want to thank the Hon. Member who asked this question. When we hire teachers, we take into consideration teachers that are native speakers of all the different languages that we have. We consider where the person comes from and the language that they speak. We do so especially when we hire teachers for ECD pupils
+ HON. MATHE: My supplementary Mr. Speaker, is that the Minister tried to answer my question but did not answer it in full. The question that I asked is on policy that they use when they are hiring teachers in a case whereby people coming from Mashonaland East are hired to teach students from other provinces that are not native speakers.
What I want to know is, is it a policy that they take certain names from a certain province and when certain names are submitted from a certain province, why is it people that are coming from that province will not be hired? Why have names from a different province?
+HON. MATHEMA: Thank you Mr. Speaker. The way we hire teachers comes from district level. Anyone who wants to be hired by Government to be a teacher, applications are done at district level and they are forwarded to Harare. We do not leave names that we get from districts. Anyone who applies to be a teacher has to apply through their district.
I will also emphasise that Mr. Speaker, we are not supposed to leave any district or any province and we are not supposed to hire, whether it is from Mashonaland East or Matabeleland North or any other province. We want all those who trained to be teachers to be hired. I will emphasise again that names are selected from district level. I thank you.
+THE HON. SPEAKER: Hon. Minister, the question is on the names that come from the district level which are not the same names that will then come back to that district. There are names that come from a completely different district or a different province. That is the question that was asked by the Hon. Member.
+HON. MATHEMA: Thank you Mr. Speaker, it is the same
thing that I have been saying. What I am saying is, if that is what has been happening everyone has to be respected and afforded an opportunity so that they are hired. I thank you – [HON. MEMBERS:
Inaudible interjections.] -
THE HON. SPEAKER: Order, order. Hon. Mathe, you cannot ask two supplementary questions.
HON. T. MOYO: Thank you Mr. Speaker Sir. My supplementary question is- is it Government policy to do selective recruitment of teachers because what we are observing in Zimbabwe is that teachers in local districts are not being employed there. They are coming from somewhere else.
HON. MATHEMA: Thank you Mr. Speaker Sir. I thought that in my answer I had covered that indeed the policy of Government is that all teachers from every district in Zimbabwe and if vacancies are there, will be employed and indeed it is good that local teachers, especially for ECD children must come from the local areas because young people are still at a formative age. They need to be taught or trained in their mother’s language. So that is what we are doing. For as long as vacancies are there in Zimbabwe, local teachers will be employed. I thank you.
HON. P. D. SIBANDA: Thank you Hon. Speaker. My supplementary question to the Hon. Minister is that the people that are responsible for recording and sending names for employment to the HQ in Harare are a human resources officer of the Public Service Commission in conjunction with a DSI.
Now, has the Hon. Minister and Government realised that there are certain provinces where you will find that all the DSIs and all human resources officers of the PSC do not come from those provinces? If he has not, what is the Ministry doing to ensure that those people when they are doing the recruitment they do not favour people from their original home areas? I thank you.
HON. MATHEMA: Speaker Sir, I thank you again. I have heard the question from the Hon. Member. I will pass it on and look into it thoroughly and will come back to the House with an appropriate answer.
Thank you.
THE HON. SPEAKER: Order, no more supplementary
questions.
+HON. MAPHOSA: On a point of order Mr. Speaker Sir. Since this issue is problematic and the Minister seems not to have the proper answers that are prepared, I want to plead with him that he brings the answer that he is promising the House, that it be a Ministerial Statement so that he states correctly how many applicants have applied from each province and how many have been employed as per province as he has promised this House. I thank you – [HON. MEMBERS: Inaudible
interjections.] -
THE HON. SPEAKER: Order Hon. Members, the Hon. Minister
of Primary and Secondary Education has requested to liaise with the Hon. Minister of Public Service, Labour and Social Welfare to come up with a detailed Ministerial Statement and put the record straight; is this acceptable Hon. Minister?
THE MINISTER OF HOME AFFAIRS AND CULTURAL
HERITAGE (HON. MATHEMA). Accepted Mr. Speaker Sir, we
will do that.
THE HON. SPEAKER: Can we have that Ministerial Statement next week Tuesday?
HON. MATHEMA: Thank you Sir, we will bring the statement Tuesday next week.
HON. KWARAMBA: Thank you Mr. Speaker Sir. Mine is a
follow up question to the Minister of Health and Child Care. The question was asked last week it regards to the state of preparedness of the country as regards the coronavirus. I thank you.
THE HON. SPEAKER: Hon. Kwaramba, that is not a question
you should have asked for a point of order?
HON. KWARAMBA: Can I ask for a point of order Mr. Speaker
Sir – [HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: What is your point of order?
HON. KWARAMBA: Hon. Minister of Health and Child Care,
may I hear from you on the state of preparedness as regards the coronavirus.
THE HON. SPEAKER: No. Hon. Member, you address the Chair
please.
HON. KWARAMBA: Thank you Mr. Speaker Sir, I would like to know the state of preparedness as regards the coronavirus?– [HON.
MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, Hon. Chief Whip, please assist
me in maintaining some order here, I have not replied to her yet. The
Hon. Minister of Health and Child Care the request was made last week.
Minister, when do you think you can give the Ministerial Statement on coronavirus? – [HON. MEMBERS: Inaudible interjections.] - Are you ready Hon. Minister?
THE MINISTER OF HEALTH AND CHILDCARE (HON.
- O. MOYO): Mr. Speaker Sir, I am ready to give the Ministerial
Statement – [HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, I am happy to learn that the Hon.
Minister is ready but today is Private Members’ time. Hon. Minister of Health and Child Care, if you can give that Ministerial Statement tomorrow please first thing as we sit.
HON. T. MLISWA: On a point of order Mr. Speaker Sir.
THE HON. SPEAKER: What is your point of order?
HON. T. MLISWA: Mr. Speaker Sir, I think it is important as members of this august House to give respect to the Hon. Vice
President. The issue of coronavirus when it was asked by Hon.
Kwaramba, Hon, Chikwinya shouted and said yes, we must know the condition of coronavirus because of the Hon. Vice President. What was he implying in saying the ordinary – [HON. MEMBERS: Inaudible
interjections.] –
THE HON. SPEAKER: Please finish.
HON. T. MLISWA: Mr. Speaker Sir, what Hon. Chikwinya was implying was that the Hon. Vice President came with coronavirus in Zimbabwe. These are inhuman people with no human dignity whatsoever and we shall not allow that here. They must respect the Hon. Vice President. It is them who go outside the country who bring the virus, it is unacceptable. You must respect the Hon. Vice President, he cannot do that. He must withdraw his statement, they are inhuman –
[HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, order. Hon. Khumalo please take
your seat?
HON. CHIKWINYA: Thank you Hon. Speaker. The Hon. Vice
President Hon. Chiwenga is a respectable Member of this House. The
Hon. Vice President went through his difficult times which you announced at the beginning of this session. To insinuate that a matter regarding the Coronavirus which emanates from China is being discussed in Parliament and therefore since he was treated in China therefore he brought that disease is an indictment and a show of disrespect by Hon. Mliswa to Hon. Chiwenga - [HON. MEMBERS:
Inaudible interjections.] -
I challenge the Clerk to refer to the Hansard. If there was any time that I raised the name of Hon. Vice President Chiwenga in relation to the Coronavirus, I am prepared to face any consequences if it is discovered that I related the Coronavirus to the Vice President Hon. Chiwenga. I thank you - [HON. MEMBERS: Hear, hear.] –
THE HON. SPEAKER: Order, order - [HON. MEMBERS:
Inaudible interjections.] - Order, order. Chief Whip! Order, order! As Hon. Chikwinya has indicated, we shall go by the record of the Hansard and a determination shall be made accordingly - [HON. MEMBERS:
Inaudible interjections.] Order, order!
Hon. Mliswa, can you please approach the Chair.
Hon. T. Mliswa approached the Chair.
HON. T. MLISWA: Thank you Mr. Speaker Sir. In the interest of peace, I would like to say that when I was addressing you in terms of the issue that I brought up on the Hon. Vice President, I then went back to try and sit. Visibly, they blocked me. As somebody who is trained, I managed to find myself in there. In the process, I tore his suit and I am more than happy to be able to get it repaired but at the same time, as I am going back, they have equally occupied my seat. I do not want more suits to be torn - [HON. MEMBERS: Inaudible interjections.] – I want to go back to my seat.
THE HON. SPEAKER: Order, order - [HON. MEMBERS:
Inaudible interjections.] - Can you find some place to sit? - [HON.
MEMBERS: Inaudible interjections.] –
Hon. T. Mliswa forced himself between Hon. Members who had taken his seat.
Hon. Hwende gave up his seat for Hon. T. Mliswa.
HON. GONESE: I have a point of order Mr. Speaker Sir. It is in terms of Parliament conventions and practices under the
Commonwealth, where in terms of sitting arrangements you have got the
Government front bench and you have got the …- [HON. MEMBERS:
Inaudible interjections.] – Yes, I want to raise the point because it is important. Then we have got the Opposition front bench …- [HON. MEMBERS: Inaudible interjections.] – if you may allow me to articulate the issue Mr. Speaker.
Hon. Mliswa referred to his seat, no but I have not finished speaking Mr. Speaker …- [HON. MEMBERS: Inaudible interjections.]
– if you may allow me
THE HON. SPEAKER: Order, order may you please sit down Hon. Member.
HON. MAKONYA: My question is directed to the Minister of
Foreign Affairs and International Trade on his first day in Parliament. Hon. Minister, what is Government policy on investors- as we all know there was an announcement that ‘Zimbabwe is open for business’. How many investors have we attracted so far since 2017? Which sectors of the economy have they invested in?
THE MINISTER OF FOREIGN AFFAIRS AND
INTERNATIONAL TRADE (HON. S. B. MOYO): Thank you very
much Mr. Speaker Sir and thank you to the Hon. Member who asked the question.
First of all, I think that the question requires statistical information and I do have the statistical information now but it is something that I can avail tomorrow. – [HON. MEMBERS: Hear, hear.] –
Hon. Makonya having stood up to pose a supplementary question.
THE HON. SPEAKER: Order, order Hon. Makonya. I think
that the comment by the Hon. Minister of Foreign Affairs and
International Trade – [HON. BITI: Inaudible interjections.] – Hon. Biti, I am speaking. – [HON. BITI: Hon. Speaker Sir.] – Thank you.
The Hon. Minister will prepare a detailed response and then present it to the august House. – [HON. MAKONYA: Inaudible interjections.] – There is no supplementary, there is no supplementary Hon. Member may you please sit down.
HON. MAKONYA: On a point of order Mr. Speaker Sir!
THE HON. SPEAKER: I have ruled on your question and the
point of order cannot arise.
HON. MAKONYA: Mr. Speaker Sir, I need to know the timeframe? – [HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, order Hon. Makonya
respectively, you will get your detailed response – [HON. MEMBERS:
When!] – Next week – [HON. MEMBERS: Inaudible interjections.] –
HON. N. NDLOVU: My question is directed to the Minister of
Health and Child Care. Hon. Minister, on the 11th February, 2020…
THE HON. SPEAKER: Order, order may you repeat your question Hon. Member.
HON. N. NDLOVU: I am now posing my question Mr. Speaker
Sir to the Hon. Minister of Health and Child Care. On 11th February, 2020 the Ministry advertised applications for nurse training vacancies and set 28th February, 2020 as the deadline. As of 19th February, 2020 the applications website was still down and aspiring nurses are losing a lot of bundles trying to apply. What is the ministry doing about the website? What will be done for the 20 days of applications that have already been lost?
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MANGWIRO): Hon. Speaker Sir, I think that there may be some technical challenges with the website. I will go and have a look and give a detailed response. I am sure that something can be done in terms of time lost by aspiring nurses. I am sure that we will be able to push the deadline time.
An Hon. Member having stood up to pose a question.
THE HON. SPEAKER: Sorry Hon. Member, as the original questioner Hon. Ndlovu takes precedence.
HON. N. NDLOVU: Thank you Mr. Speaker Sir, we need to know the timeframe from the Hon. Minister.
THE HON. SPEAKER: Hon. Minister, may you give the time
frame now that the deadline is so near?
HON. DR. MANGWIRO: I will be able to give you an answer next week Mr. Speaker.
THE HON. SPEAKER: Next Wednesday? Thank you.
HON. K. PARADZA: Hon. Speaker, we have potential
candidates from rural areas where there is no network connectivity.
What is there for them?
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MANGWIRO): I am sure I need to go and check and see what we are going to do with these things first –[HON. MEMBERS:
Inaudible interjections]-
THE HON. SPEAKER: Order can we listen please.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. DR. MANGWIRO): We are going to make arrangements for the rural area people. –[HON. MEMBERS: Inaudible interjections]- I cannot give you a direct answer now. I will go and research and bring the answer. Thank you.
HON. NDEBELE: Thank you Hon. Speaker Sir. I pray for your
indulgence. At the end of last year, I requested the Minister of Health to give a Ministerial Statement on a very important matter regarding side effects of ARVs. I am grateful that they did but I was not in the House, but that notwithstanding in your wisdom, you said the Minister might have to come back to this House to field questions because Hon. Minister Coventry as we all know she is not qualified in matters of health. So, when I heard you saying the Minister of Health will bring in a Ministerial Statement on the coronavirus on Thursday, I thought why not ask for your indulgence that the Minister refreshes his memory on that Ministerial Statement on ARVs because without any doubt, this is a very important matter to us as a nation so that he is able on that very Thursday to take questions because I have a battery of questions relating to ARVs and their side effects. Indeed the issue that Hon. Labode raised might as well be attended to on that particular Thursday. I thank you Hon. Speaker.
THE HON. SPEAKER: Hon. Deputy Minister, I am sure you have taken note when the Ministerial Statement is made –[AN. HON. MEMBER: Inaudible interjection]- Order, order. I do not want to name you senior Member of Parliament. Hon. Deputy Minister I am sure you have taken note. If you could combine with the Hon. Minister Moyo and have a comprehensive statement to deliver tomorrow.
*HON. SEWERA: My question is directed to the Minister of
Labour and Social Welfare. I would like to know what people are getting from the social welfare using the 2006 register which indicates that they are vulnerable or they were vulnerable at that particular time. However, what I have noticed is that that same list is rotating. Are these the same people who still vulnerable? Thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker. I would like to thank the Hon. Member for his question. The social welfare database is a product of local and traditional leadership. Right now they are in the process of compiling an up to date database to determine whether those who are on the database are the vulnerable and that database comes from the communities. Thank you.
HON. PHULU: Thank you Mr. Speaker. I would like to ask a supplementary question to say what the policy of Government is with regards the same question when it comes to towns in terms of the communication process and how the names go up. Do you also include the councillor?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. There is a difference between urban settlements and rural settlements. Rural settlements were villages and we involve village heads. In urban settlements, there is a vulnerability study that was undertaken and a register will be produced that will inform us to which households are vulnerable. Thank you.
*HON. MUCHENJE: Thank you Mr. Speaker Sir. I want to know how many years it would take for someone to qualify to be vulnerable because some of them have died but their names still appear. So, how many years does it take and is there a way of verifying whether the people are getting the things?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker. These days the people of Anti-Corruption are encouraging us to fight corruption. Corruption involves you and me. Her question is that she knows some who are late but are on the list. So that is the corruption. If you are aware of such people, they should be reported because it is not Government policy that someone who is late – the food is collected by someone who is living. I think you know that if you see a dead person still receiving food, those people should be prosecuted.
*HON. NYABANI: Thank you Mr. Speaker Sir. My question is directed to the Minister of Finance and Economic Development. Right now there are no banks and people are using eco-cash and swipe facilities. What I have noticed is that these transactions differ from cash transactions and there are percentages that are applied to such transactions. So, what is Government doing to correct the situation so that these transactions are at par. I thank you.
HON. PROF. M. NCUBE: I only understood partial question.
The question is on the acceptability of all forms of payment. That is his question and I understood it very well. Certainly, that is our policy that there should be acceptability of all forms of payment but also, we are aware of the practical issues where citizens feel that inflation is eroding the purchasing power of their coins, therefore they prefer notes to coins. We have a programme that the Central Bank announced where we requested all citizens to voluntarily surrender their coins in exchange for notes so that they can transact. Certainly, the types of premiums depending on how you see it on the use of ecocash are on the high side and unacceptable and we are dealing with this issue. Part of the explanation has to do with the fact that there is not enough domestic cash as yet but our intention is to make sure that all forms of payment
are acceptable for whatever purpose. That is how I understood the question, perhaps I missed something. I thank you Mr. Speaker Sir.
THE HON. SPEAKER: If I understood the question Hon.
Minister, it is on the three tier pricing system. If you pay in ecocash, cash or swipe it could be more or less; that is the question.
HON. PROF M. NCUBE: That is exactly what I was referring to. That all forms of payment are acceptable at par and it should be like that.
There should not be multiple pricing for the different types of payment. But we are aware of the practicalities on the ground and we are dealing with it. To repeat what I said was, by injecting more cash into the economy that we alleviate cash shortage so that the premiums being charged on electronic platforms are reduced. But also, as inflation stabilises over time, those coins will become more valuable and there will not be any need to surrender them for notes. This is an on-going programme. We have announced it and we are walking the talk on that programme. We did announce as Government through various fora and platforms including the Monetary Policy Statements that we will increase the denomination size of the notes that will be issued again to deal with issues of inflation. I thank you.
*HON. NYABANI: My hope is that he is going to do something. At the moment someone who is getting $1000 is like it is equivalent to getting $400. What is Government doing so that people get their money with its correct value?
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. PROF M. NCUBE): Mr. Speaker Sir,
legally the person earns $1000 but we know practically in terms of implementation on the ground by the players it is different. Those are the facts and that is what we are dealing with. Legally it is 1:1 and it is $1000 and those are the facts.
HON. MUTSEYAMI: Thank you Mr. Speaker Sir. I think it is
important to put this clearly to the Hon Minister. This issue was raised almost 12 months ago in this House. The aspect revolves around that we have 25c, 50c and a $1 coin. All these coins have different prices for one product. Then we have prices for ecocash, $2 bond notes, $5 bond notes, swipe, RTGs and then for US$. What I am saying is happening throughout the country. The person mostly affected by this is a civil servant who is getting his/her money through the bank. They are not in the informal sector. My question then is- what policy are you coming up with to harmonise this cocktail of challenges which for the past 12 months you have completely failed to address as a Ministry?
HON. PROF M. NCUBE: Mr Speaker Sir, I thank the Hon.
Member for the question but the Hon. Member is repeating the question that was asked which I have answered in terms of multi-tier pricing. We are busy addressing that now by reforming the monetary system. First of all, we introduced a domestic currency of 20/02/2019. We followed that with the introduction of a mono currency system on 24/06/2019 and then we said we will continue to inject cash in the system. This is a process and not a one day event. What I am hearing is a repeat of the same question and I will give you the same answer. I thank you.
*HON. KASHIRI: Thank you Mr. Speaker. Hon Minister, everyday we see that the burea-de-change...
THE HON. SPEAKER: Order, that is a new question.
HON. BITI: My question is to the esteemed Minister of Finance. In his answer to the questions asked by Members to him on the issue of the multiple pricing system existing in our country vis-a-vis a price for the same commodity in US$, RTGs and bond note, his answer was that we introduced a new currency in February 2019 through SI. 33 of 2019 and then the mono currency through SI. 142 of 2019. My question is - not withstanding this attempt to de-dollarise, the Government itself keeps on going back to the dollar and only yesterday Hon. Speaker, the same Minister gave an exemption to Zuva Service Station to actually levy charges in United States dollars. So what kind of a currency has exemptions? If you are going to use the Zimbabwean dollar use the
Zimbabwean dollar and there is no exemption. If the local currency the Zimbabwean dollar has failed, why does the Minister not swallow his pride and repeal SI 142, 2019?
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. PROF. M. NCUBE): Mr. Speaker Sir, I thank the Hon. Member for that question. I can assure you the Hon. Member has been using the Zimbabwean dollar for transacting. If he has not then I would like to know.
The point I am heading to is as follows. If you look at the transactions in the last 12 months, we have had about 190 million transactions. Those 190 million transactions are of the value of ZW$460 billion in the form of transactions. That tells you that we are well on our way to dedollarisation. The bulk of the transactions in this country are in the domestic currency, they are not in foreign currency and the Hon.
Member – [HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order, order!
HON. PROF. M. NCUBE: The Hon. Member is using Zimbabwean dollars to transact – [HON. MEMBERS: Inaudible
interjections.] –
THE HON. SPEAKER: Order, order! Can you allow the Hon. Minister – [HON. CHIBAYA: Inaudible interjection.] - Hon. Chibaya, can you allow the Hon. Minister to complete his response.
HON. PROF. M. NCUBE: Thank you Mr. Speaker. At the risk of repeating, the Hon. Member who posed the question is transacting in the domestic currency, I am sure of that. So we are making progress on the adoption of a domestic currency, on the mono currency. The bulk of our transactions are in the domestic currency.
Of course this is not a silver bullet type solution where we wave a magic wand and on the next day everything happens in domestic currency. It takes time and I think we have done very well to achieve $460 billion dollars worth of transactions in 10 months. In a new domestic currency, it is a miracle and I think we are doing very well in that direction. We have no intention of reversing to a hard currency situation.
For a start, you know Mr. Speaker Sir, the hard currency that is being referred to which is the United States dollar, there are issues around it. Before we introduced the Zimbabwean dollar, a circular was done globally where certain banks were told they can no longer supply Zimbabwe with United States dollars. So it is quite clear that we could not continue using that currency as anchor currency.
Secondly, this shows in the earnings of companies. Most exporters in Zimbabwe have done very well in terms of the performance of their earnings in 2019. Their competitiveness has been restored and that is part of the benefit of using a domestic currency. I could go on in terms of the benefits of a domestic currency going forward including the fact that we now have full monetary policy where there is a monetary policy committee. We can set an interest rate, and now we have a monetary policy in conjunction with a fiscal policy.
The Hon. Member, when he was Minister abolished the monetary policy. You cannot do that – [HON. MEMBERS: Inaudible interjections.] – You abolished monetary policy and fiscal policy and now we have restored monetary policy to walk alongside fiscal policy. We have a full bouquet of micro economic tools to run this country. I thank you.
HON. BITI: Supplementary question Mr. Speaker Sir.
THE HON. SPEAKER: A point of clarification not supplementary.
HON. BITI: Hon. Speaker, only yesterday the same Minister of Finance and Economic Development, in his wisdom or more appropriately lack of it, granted an exemption to a chain of gas outlets called Zuva. If you look at the Finance Act (No. 2) of 2019 which we passed in this august House on 21st December, Mr. Speaker…
THE HON. SPEAKER: You are now debating. What is your
point of clarification?
HON. BITI: We were approving and allowing the Government to levy charges in United States dollars. That is proof beyond reasonable doubt Mr. Speaker Sir, that the attempt to dedollarise has failed. Conditions for dedollarisation simply do not exist. So once again is to say to the Hon. Minister, do the right thing and repeal SI 142 of 2019 –
[HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, order - the final response from the Hon. Minister.
HON. PROF. M. NCUBE: Mr. Speaker Sir, once again I thank the Hon. Member for the question and suggestion. I politely decline that suggestion that SI 142 can ever be repealed. It will never be repealed. We are well on our way to a mono currency and that is where we are headed. I thank you – [HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, order! Please. Thank you.
There is a Toyota Hilux, registration number AEX-1819 and Toyota Hilux with no number plates. It is white in colour. These two vehicles are blocking other vehicles.
HON. MARKHAM: Thank you Mr. Speaker Sir. I would like to revert to the Minister of Public Service, Labour and Social Services, in particular back to welfare. The Leader of the House can take this up.
The Leader of the House, in his previous question to the same thing differentiated between urban and rural areas -my question refers to the welfare in urban areas that have been ruralised where we collect water from the river. We do not have any electricity other than firewood. My question is -how are you going to treat those people on welfare because in our area, for example the rice that was issued to every constituency excluded Harare and Bulawayo. When you consider the urban population, 95% is unemployed. How are we supposed to survive? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I want to thank the Hon. Member for the question and state that issues of water reticulation are administered by the local authorities
– [HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order.
HON. ZIYAMBI: When the Hon. Member refers to ruralisation
of urban areas, he is better placed to answer that because the local authorities in urban areas particularly Harare, is run by Council that is MDC run. So, I am sure you can answer that. As to the second part of the question, I indicated that there is a vulnerability study that is being undertaken in urban areas because we did not have a policy towards feeding urban areas; the poor urban. Until recently, Government started that process of ensuring that the poor in urban areas also need to be catered for. So, there was a vulnerability study that was done and you also appreciate the set up of rural areas is different from urban areas. The way we approach rural areas is different from the way urban areas have to be approached. So, that study will inform us how we are going to roll out our programme of ensuring that the urban poor are catered
for.
HON. MARKHAM: Mr. Speaker Sir, I thank you for the
response. My question is that the Hon. Minister is trying to play football and nzvenganzvenga the question. The issue is very simple.The Rapporteur from the United Nations came here and said 2.2 million urban people are facing hunger this year out of 8 million countrywide. Why did the Government exclude these urban areas from the rice programme for the welfare because we have starving people in the areas that are under State land? These areas under State land are very simple and they do not fall under Council, the services are not supplied by
Council and as Minister, he should know that.
My concern and the question is why are we not getting the welfare equivalent to other people? That is all I am asking. Leave politics out of that. I thank you – [HON. MEMBERS: Hear, hear.] –
HON. ZIYAMBI: Thank you Mr. Speaker Sir. Mr. Speaker, in my response, I said that Government is committed to ensuring that the urban poor are catered for. Already we have started in Bulawayo and Epworth; we have programmes where the urban poor are getting some food assistance. What I indicated is for us to have a broader picture to the extent of the need of our people in urban areas. There is a vulnerability study that will inform us so that we can adequately cover all the areas. Indeed there is a programme of feeding people in urban areas.
HON. WATSON: Thank you Mr. Speaker Sir, but I think that the Minister is avoiding the issue of peri-urban. There are urban constituencies which are the areas which fall outside the local authority area and are in rural council areas but they lack- apart from a Member of Parliament that I have seen, they lack either Sabhuku’s, councillors or those who bring them the food aid or provide for it. You have not actually specifically addressed those areas. Bulawayo Central is one very good example. It has a total area that stretches from the City boundary to the Bulawayo Airport. Those people are in Umguza Rural Council and they do not and have not as yet have access to food aid. I thank you.
HON. ZIYAMBI: Thank you Mr. Speaker Sir, I answered the question. Epworth is run by a town. It is peri-urban and we have food assistance being provided there. My answer was Government is committed to ensuring that all the vulnerable people in Zimbabwe get food assistance but starting even now, we are giving – [HON. MEMBERS: Inaudible interjections.] – as we speak, we have food distribution in parts of Harare and Bulawayo but her question which is relevant, we will have a study that will cover all the peri-urban areas as well as all the urban areas. I thank you.
HON. P.D. SIBANDA: Thank you Hon. Speaker. Allow me to
prefix my supplementary question by thanking the Ministry of Public Service, Labour and Social Welfare for allocating 15 tonnes of rice to each rural Member of Parliament. However, that is where my supplementary question arises. I will give an example of where I come from that is about 1280 km from Harare. You have given me 15 tonnes of rice. How do you and how does the Ministry expect me to transport that rice so that the people may benefit – [HON. MEMBERS: Inaudible interjections.] – You can say that but that is my question. How am I expected to transport that rice 1300 km away? I thank you Hon.
Speaker.
HON. ZIYAMBI: Thank you Mr. Speaker Sir. I only respond to policy question not logistical and operation questions. The policy was every rural Member of Parliament will get 15 tonnes. The logistical issues are operational, the Hon. Member can put it in writing then I can request a written answer to be availed. I thank you.
THE HON. SPEAKER: Hon. P.D. Sibanda, just put your
question in writing and it will be dealt with next week.
HON. MUNETSI: Thank you Mr. Speaker. My question goes to the Minister of Environment and Tourism. Do we have a fire fighting policy in Zimbabwe?
THE HON. SPEAKER: Fire fighting where? Can you clarify
your question please?
HON. MUNETSI: I am clarifying my question, fire fighting policy. I have gone around the country with my Committee and we have seen veld fires all over which are not attended to. My question is, does the Government have any policy to safeguard such kind of incidence.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Indeed we have
a policy and we even have a schedule of fines for those that cause veld fires. The Hon. Member can visit the nearest Environment Management Agency (EMA) office. They will be able to avail literature regarding how we are supposed to combat veld fires.
HON. MUNETSI: My question has nothing to do with fines. My question is, we have a lot of fires that break out up in the country. Do we have any policy in the event that a fire breaks out? Do we have a policy to extinguish that type of fire?
HON. ZIYAMBI: In my earlier response, I referred to EMA and it is an agency that is tasked to ensure that we preserve our environment. I alluded to the fact that we also have a schedule of fines for those that cause veld fires. I also implored the Hon. Member to visit EMA offices so that they can also give him literature on the policy of Government and how we approach the issue of veld fires.
HON. CHIKWINYA: On a point of order, Wednesday Question
Time is a time which is given to Members of Parliament to interact with Ministers so that they at least articulate Government policy. It is very unfair for the Hon. Minister to refer to an Hon. Member who has asked a question to offices where he says he is supposed to go and read books. The Hon. Member wants the policy to be explained in Parliament and not for the Minister to refer the Hon. Member to an office where he is supposed to go and read books. It is very unfair and very demeaning to an Hon. Member.
HON. ZIYAMBI: With all due respect to the Hon. Member, he is lost. I indicated that we have a policy in place and I said further to that, the Hon. Member can visit EMA offices so that they can give him more information that he may want.
We have a policy where we have a board that is called EMA that is tasked with preserving our environment and in preserving the environment. One of the tasks is to ensure that we do not destroy our forests and our grasslands. We have fines to the effect that if you destroy those, you will be punished accordingly. It is not out of context in referring the Hon. Member. In fact, we cannot explain the whole policy of Government in two hours. That is the reason why I refereed him to the relevant organ that deals with that – [HON. NDEBELE:
Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order Hon. Ndebele.
HON. CHINYANGANYA: We are talking of a policy that in my own view is a failure. Why do I say that? Every time around the month of August to around October, we see veld fires everywhere around the country wherever you go. Can we say we have a policy when we have never heard of anyone being arrested or fined for causing veld fires? What is the Government doing to make sure that the policy is maintained or upheld?
HON. ZIYAMBI: Even in first world countries, veld fires occur and there are policies to fight veld fires. It is not an indication of failure that a veld fire has occurred but there are several programmes that have been put in place by the relevant agency to ensure that there is public awareness so that we minimise the veld fires.
The Hon. Member is not very correct to say that because veld fires occurred, there is no policy. I also submit that he is also not correct to say that he has statistics. I am sure if he can go to the relevant body, he can be given statistics of what they are doing to ensure that we mitigate against veld fires.
HON. J. CHIDAKWA: My question is directed to the Minister of Finance and Economic Development. Can the Minister share with this
House why he introduced a Statutory Instrument exempting Huawei Technology from paying income tax? Is it not that such a move is contrary to the principles of good public finance management as codified in Section 298 of the Constitution which clearly states that the burden of taxation must be shared fairly?
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Huawei is in the
same category as one or two other Chinese companies. The projects that they are implementing are covered by an agreement between the Government of Zimbabwe and Government of China. In those agreements, it is quite clear that the companies that are implementing projects covered by that agreement ought to be exempted from tax. So there has been unequal treatment. If you look at Jiangsu which is upgrading R.G. Mugabe International Airport and they also upgraded Victoria Falls – they are already enjoying the tax exemption status which was given to them quite a while ago while Huawei was not at par with them. They ought to be at par because that has to do with loans that are utilised to roll out base stations by Netone. This was to put them at par under an agreement between two Governments which states that there ought to be tax exemption on them as well. I thank you.
HON. BITI: Madam Speaker, I have a supplementary to the esteemed Hon. Minister of Finance and Economic Development. The Income Tax Act allows the Hon. Minister to give tax exemptions, the problem he has with this particular transaction is that the law does not give him power to give a tax exemption that applies retrospectively.
My supplementary question is what is the legal basis that he has given away a retrospective tax exemption? I thank you very much Madam Speaker Ma’am.
HON. PROF. M. NCUBE: Thank Madam Speaker Ma’am. I
thank the Hon. Member for the supplementary question. I did consult the legal counsel of Government - the Attorney-General, naturally, and they made it clear to me that this was within the law. So therefore, I was able to extend this tax exemption to Huawei so that they could be at par with the other peer companies that are covered by the agreement
between the two Governments i.e. that of China and the Republic of Zimbabwe. I thank you.
Hon. Vice President Chiwenga having left the House accompanied by several Hon. Ministers.
*HON. MUTSEYAMI: Madam Speaker Ma’am today is our
opportunity as Hon. Members to pose questions to Hon. Ministers.
However, I have noticed that the Minister of Finance and Economic Development, the Minister of Foreign Affairs and International Trade and the Minister of Environment, Tourism and Hospitality Industry have gone out.
My plea Madam Speaker Ma’am is that the Hon. Ministers should return to the House so that we pose questions to them and so that the business of the House is conducted.
*THE HON. DEPUTY SPEAKER: We have noted your
concerns Hon. Chief Whip. I think that they are accompanying the Hon.
Vice President and I am sure that they will be returning to the House.
HON. MUTSEYAMI: Madam Speaker, if the Hon. Ministers are
escorting the presidium - is not best, in the interest of the progress of our country, to wait for them to return? – [HON. MEMBERS: Hear, hear.] - They are not respecting this House. Why would they leave the House at the expense of questions from the country? They are also disrespecting the Office of the Speaker by leaving en masse even if they are to impress the leadership. Why are they not respecting the Speaker?
THE MINISTER OF JUSTICE, LEAGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam Speaker, you have called for the attendance of ministers and … - [HON. MEMBERS: Inaudible interjections.] – They are making noise but they want a response.
THE HON. DEPUTY SPEAKER: Order, order Hon. Members!
HON. ZIYAMBI: Madam Speaker, you have called for the attendance of ministers and indeed we relayed the message to the ministers and they were present today. The Hon. Vice President and the said ministers have another engagement but they respected this House and came so that they can field questions.
We have the Deputy Minister of Finance and Economic Development here and other deputy ministers. We can still continue whilst they engage with other activities so that the business of the House can proceed. I want to thank my colleague ministers and the Hon. Vice
President. Today’s attendance was very good and they sat until 1600 hours responding to questions. I thank you.
THE HON. DEPUTY SPEAKER: Thank you Leader of the
House, I concur with you. The business of the day will continue.
FINALISATION OF RECONSTRUCTION OF BRIDGE
ACROSS PIRIVIRI RIVER
HON. MASENDA asked the Minister of Transport and Infrastructural Development to inform the House (a) when the reconstruction of the bridge across Piriviri River which was destroyed by floods twenty years ago will be finalised considering the importance of linking up Makonde and Hurungwe Districts; (b) when the road linking Piriviri River, Charariro, Chiwende, Tengire and Karoi Road will be resurfaced to facilitate the resumption of ZUPCO bus services which used to ply the route, thereby alleviating the challenges of high transport charges by private transport operators. – [HON. MEMBERS: Inaudible interjections.] – My apologies Madam Speaker, I thought that you were on Question Number Four on the Order Paper.
Madam Speaker, my question has been overtaken by events. I thank you.
HON. MADZIMURE: My question is directed to the Minister of
Finance and Economic Development and in his absence the Deputy Minister. What is the Government policy regarding the use of the USD$ as legal tender considering the fact that the market has refused the ZWL$ and the RTGs? People and almost every shop are issuing RTGs receipt but you will have paid in USD$.
What is the policy? What is Government doing? People have lost confidence in the ZWL$ why can we not simply revert to the USD$?
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. CHIDUWA): Thank you Madam Speaker
and thank you so much for the question Hon. Member. I think that my response is going to be partly a follow-up to what Hon. Minister Prof. Ncube had submitted that – [HON. MEMBERS: Inaudible
interjections.] –
THE HON. DEPUTY SPEAKER: Order, order Hon. Members,
may the Hon. Minister be heard in silence please? Order, order!
HON. CHIDUWA: What we are doing here is an issue of compliance. We have S.I. 142 which states that we are moving away from a multi-currency to a mono-currency. The issue that the business community and the people are being charged extra because of arbitrage activities is no reason for the Government to move away from a prudent policy.
So I think what is important as a way of ensuring that people adhere to S.I. 142 is an issue of compliance. My response is that there is need for us as Treasury and Reserve Bank of Zimbabwe to ensure that there is compliance.
HON. MADZIMURE: Madam Speaker, it is not a question of compliance because if it was a question of compliance, the Government could have enforced the law. If you go to every till in Zimbabwe right now, there is a US$. You are disadvantaging the Government which is collecting tax in RTGs when the retailer or the entrepreneur will have been paid in US$. This is a fact that is facing you. Are you trying to pretend that people are not trading in US$?
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. CHIDUWA): Thank you so much. Madam
Speaker, de-dollarisation is not an event, it is a process. If you check other countries that have gone through the de-dollarisation process, it takes years. The process cannot be done like it is an event. It cannot be done overnight. So Madam Speaker, the Government is on course to make sure that we are going to achieve the process of de-dollarisation.
Thank you.
Questions Without Notice were interrupted by THE HON.
DEPUTY SPEAKER in terms of Standing Order NO. 64
HON. MADZIMURE: Order Hon. Speaker. Ministers moved out
of the House also during the start of the House Hon. T. Mliswa and the rest of the people from this side, it took about ten minutes. So can you extend the time?
HON. NDUNA: I object Madam Speaker.
THE HON. DEPUTY SPEAKER: Order Hon. Members. There
is an objection so we are going to Questions with Notice. –[HON.
MEMBERS: Inaudible interjections]-
ORAL ANSWERS TO QUESTIONS WITH NOTICE
FREE MEDICAL SERVICES FOR THE ELDERLY
- HON. CHAMISA asked the Minister of Health and Child
Care what the Government is doing to facilitate free medical services for the elderly.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. MANGWIRO): I think the Minister has got the notes on that question. I was not prepared for that one. He will be answered next week.
THE HON. DEPUTY SPEAKER; The Deputy Minister has
promised to bring the answers next week on Wednesday. What is your point of Order Hon. Madzimure?
HON. MADZIMURE: Madam Speaker, Question No. 21 was one
of those first questions after the Official Opening of Parliament last year and the questions have been on the Order Paper for that particular period. The Minister and his Deputy come here to tell us that they are not ready when we expected them to have answered these questions only two weeks after the question was tabled. Question No. 21 is a policy question – Treatment for the Elderly. Do we mean that Zimbabwe does not have a policy to deal with its aging population? For the Minister to say that he cannot respond to that question on his feet, then it tells you that we do not have a Government that cannot respond to such a question immediately. You have got no policy.
THE HON. DEPUTY SPEAKER: Hon. Madzimure it is wrong
for you to say that we do not have a Government but I hear you. The Hon. Minister will bring the answers next week.
*HON. TOGAREPI: On a point of order Madam Speaker. The Hon. Member is saying that Hon. Madzimure should withdraw the statement that says that we do not have a Government, yet we have a
Government. –[HON. MEMBERS: Inaudible interjections]-
*THE HON. DEPUTY SPEAKER: Order Hon. Member, please
may you take your seat. Hon. Madzimure can you withdraw your statement that we do not have a Government.
HON. MADZIMURE: If I am asked to withdraw a question - it is a question, I asked the question that, do we have a Government? That was the question. If he does not understand English, that is not my problem – [HON. MEMBERS: Inaudible interjections] –
THE HON. DEPUTY SPEAKER: Order Hon. Members. Hon. Chikwinya, order.
MEASURES TO CONTAIN THE UPSURGE OF VIOLENCE AND
MURDERS AMONG ARTISANAL GOLD MINERS IN SILOBELA
- HON. M. M. MPOFU asked the Minister of Home Affairs and Cultural Heritage to inform the House the measures that the Ministry has taken to contain the upsurge of violence and murders among artisanal miners in Silobela, in the Midlands and also in other provinces.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Madam
Speaker Ma’am. I wish to thank the Hon. Member for the question and concur with him that illegal artisanal miners are not only committing violent crimes such as murder, robbery, rape and assault but are also causing serious environmental degradation. These encompass soil erosion, deforestation, loss of biodiversity as well as contamination of soil, ground and surface water caused by chemicals emitted from the illegal mining activities.
Madam Speaker Ma’am, allow me to inform the Hon. Member that from January, 2019 to date nine murders and 27 attempted murder cases were recorded in Silobela, of which, nine and 20 accused persons respectively were arrested and referred to court. On this note, it is critical to highlight that none of these crimes occurred on mining sites but at beer outlets and in homes following misunderstandings and domestic disputes. However, there are numerous outgoing measures in all the provinces aimed at containing violent crimes perpetrated by artisanal miners such as Chikorokoza Ngachipere and the following measures were taken;
- Raids at panning sites conducted from time to time to arrest illegal artisanal miners and vendors.
In this regard, it is interesting to note that from March 4, 2019 to date, 6 229 illegal artisanal miners and 1 922 offenders were arrested and either made to pay funds or referred to court for possessing dangerous weapons.
- Road blocks which are set up to search for machetes, knives, weapons, iron bars and other dangerous weapons that can be used to murder, rob and harm innocent citizens;
- Prohibition orders for carrying dangerous weapons which are issued by officers commanding districts who are regulatory authorities barring the carrying of dangerous weapons.
In addition, ‘stop and searches,’ are being conducted in areas infested with illegal artisanal miners and those found with dangerous weapons.
- Campaigns which are being conducted with a view to dissuade members of the public to desist from committing all forms of violence, respect the sanctity of human life and resolve any differences amicably.
Madam Speaker Ma’am, ZRP is engaging the Judiciary by its commanders at national level, provincial and district levels to impose stiffer penalties on perpetrators of violent crimes and mines and minerals offenders. Once again, I want to thank the Hon. Member for such an important question which will enable us to inform the public on what measures are being taken by ZRP. I thank you.
HON. M. M. MPOFU: Thank you Madam Speaker. I think the Hon. Minister has been misinformed about the statistics at home. As of last week, I had a school which was raided by a machete gang where teachers were robbed and the police failed to respond in time and a shop was also raided at Mtsuku Business Centre. The problem we are having Hon. Minister is that the police stations do not have vehicles to attend to those scenes. Even if people report, it takes time for the officers to come and respond or rescue people from these murderers. So I want to know what you are doing to secure these people especially these schools.
HON. MADIRO: Thank you Madam Speaker Ma’am. The
specific reference to a school which was raided by machete gangs, we
are not privy to that information. The problem of delays by the police to respond to such crime scenes is not the operational policy of ZRP but we encourage our officers to respond to such areas on time.
Hon. Mliswa having been speaking on the top of his voice.
THE HON. DEPUTY SPEAKER: Hon. Mliswa, order.
HON. MADIRO: With regards to non-availability of vehicular resources at the stations, this is what the Government is attending to. There are many other stations which do not have such resources but action is being taken to make sure that we avail such vehicular resource to stations. Thank you.
HON. GABBUZA: Thank you Madam Speaker. The Minister said they have recorded nine murder cases and all of them are domestic violence related. Is the Minister confirming that all these murder cases we have heard about, artisanal miners at mines, his Ministry has no record of such murders? Did I hear him say that?
HON. MADIRO: Madam Speaker Ma’am, the response is directly
in relation to Silobela and not the murders throughout the country. The nine murders which occurred in Silobela were not at the mining sites but were pertaining to domestic violence.
HON. GABBUZA: The question says, “In Silobela, in Midlands
and also in other provinces.
HON. MADIRO: Yes, it is true. My response and the statistic of nine is in reference to Silobela but not to the generality of the country. However, when you come next time, we are going to make sure that we avail the rest of the figures throughout the country.
HON. MUSHORIWA: On a point of order! If a question is on the Order Paper and the Minister is given ample time to study the question and then decides in his wisdom or late thereof to come here with a half baked answer, it therefore means that the Hon. Minister has not answered the question. The question should be put back on the Order Paper and the Hon. Minister must do his research and bring proper answers to this august House.
THE HON. DEPUTY SPEAKER: My understanding on this
question is that this question is referring to Silobela and Midlands only not the rest of the country.
HON. MUSHORIWA: Let me read the question to you Madam
Speaker.
THE HON. DEPUTY SPEAKER: It is alright, I have understood the question. It includes other provinces and I am sure the Deputy Minister has taken note of that. I thank you.
HON. MAYIHLOME: Thank you Madam Speaker. In light of the machete gangs around the country, is the Ministry considering reintroducing in conjunction with the Ministry of Justice, Legal and Parliamentary Affairs, the Trespass Act and review the Stop and Search Act. I thank you?
HON. ZIYAMBI: The provisions of the Maintenance of Peace and Order Act allows the regulatory authority to ban certain weapons in certain areas and if you are found with that weapon, you will be prosecuted. There is no need for a general ban or a general policy to stop and search people. It will be infringing unnecessarily on the rights of people but where there is a problem and it is identified that in this particular area this particular weapon is being used, they can ban for a specific period to say that you are not allowed to move with this weapon and then they control the situation. I thank you.
HON. CHIKWINYA: I appreciate that the provisions of the Maintenance of Order and Peace Act has the provisions as said, which are deposited to the office of the DISPO. Our problem which was carried over from the provisions of the Public Order and Security and plagiarised into the new Act are such that the sentence is not given to the extent that if you are then found with these weapons, this is the sentence. The problem now is that the perpetrators of this violence are going away with fines. They are charged $20 to $100 fine and there are no deterrent measures. The issue now is that the Leader of Government Business once promised to bring into Parliament a law that outlaws the use of machetes and he was riding upon a statement which had been said at a particular meeting between senior Government officials and small scale miners. Where are we with regards to that particular law which deals with machetes and the violence around machetes which then prescribes deterrent measures so that at least we curb this nature of violence?
HON. ZIYAMBI: Thank you Madam Speaker. The Hon. Member
asked a question and then answered himself when he referred to the fines. His concern was that the fine was not punitive enough. The fine that he is referring to is when the regulatory authority finds you in possession of a banned weapon; it is not supposed to be as deterrent as somebody who had used that particular weapon. So there are two issues. If you are found within a banned area with a weapon, surely the fine or the punishment must be commensurate with the offence that you have committed. Not necessarily to send somebody to jail because he was found in possession and not having harmed somebody but if it is a combination of you having that particular weapon in an area that has been banned then the punishment is more severe than that of somebody who has been found with a weapon alone.
The second part of his question that I promised to bring a law; I do not have a recollection of me having said that in this august House.
HON. B. DUBE: Thank you Madam Speaker. My question is directed to the Hon. Minister. What plans do you have particularly pertaining to danger areas like Silobela which have a high prevalence of cases that are similar to what is happening in Shurugwi and Kwekwe. It shows that you just treat these things; you look at them as business as usual. I believe that such areas should be looked into such that issues are rectified. Sometimes we can talk about resourcing of ZRP in general, particularly maybe Harare Central but I believe that these areas should be looked into.
Hon. Minister, what plans do you have on targeting violent prone areas? Your answer Hon. Minister was very general particularly looking at resourcing of ZRP.
HON. MADIRO: Thank you Madam Speaker. The question that was asked by the Hon. Member, I believe when I responded to another question, I spoke about the Operation Chikorokoza Ngachipere which was done a few weeks ago. I believe the Hon. Member concurs with me that such cases are going down as a result of this operation. If such cases are still happening, I would urge people to bring that information to the ZRP.
You asked what is being done in areas like Silobela; the ZRP has intensified their patrols, particularly in Silobela and other areas. I would like to assure the Hon. Member that the police are vigilant and alert, particularly towards such cases especially the machete wielding gangs that have been happening in the past few weeks. Police will continue doing a splendid job until we reduce such cases. Thank you.
*HON. B. DUBE: I would like to find out where the Hon.
Minister is getting this information from because I believe that there are some people who are misinforming the Minister. My request is that if there are any sources that the Minister is using, the Minister should consider changing those sources particularly in Silobela. There are no patrols and there are no additional Police officers and such cases are not declining like the Minister said. My plea to the Minister is that the Minister should find reliable sources because what he is saying to the House is far from what is happening on the ground. The point that there are patrols happening in these areas does not reflect what is happening on the ground.
My plea to the Hon. Minister is to change the source because the Hon. Minister will be embarrassed when he goes to the ground only to find that that is not what is happening. Thank you.
*HON. MADIRO: Madam Speaker Ma’am, the information that
we are given is not false. Local police officers discovered that there are
260 areas where such cases are being perpetrated. However, if the Hon. Member has specific information that we do not have and that we have not responded to, the Hon. Member should feel free to bring such information to our attention. However, on the 260 areas, the Police have done its part.
*HON. NDUNA: Thank you Madam Speaker. My question
touches the Ministry of Mines as well. At one time, there was Operation
Chikorokoza Chapera. Gold which was supposed to go to Fidelity dropped to around one tonne because this operation ended up targeting some people who are not necessarily criminals. What plans do you have as the Ministry of Home Affairs and the Ministry of Mines to ensure that this operation does not affect those contributing legally?
Madam Speaker, at times we are informed at the end of the year about how much gold we will have lost. So what plans do you have as a Ministry to make sure you rectify that? Small scale miners gave us 30 tonnes of gold last year. So, I wanted to find out what plans are there so that the operation does not affect even those who contribute legally.
*HON. MADIRO: Madam Speaker Ma’am, this is not
necessarily a question but he is proffering advice and I agree with him. What I can say is that the Police try by all means to do thorough investigations so that those who are not guilty are not affected by the operation and they continue doing their jobs. However those who are guilty will be arrested.
*HON. T. MLISWA: Hon. Minister, I would like to thank you
for your explanation. My question is that of course illegal miners are being arrested. At times we know that when they are arrested and set free they will continue mining. Those who send them to mine are not prosecuted. Through investigations that are being carried out by the Police, I would like to find out what you are doing to arrest those who send artisanal miners? If you ask illegal gold panners Madam Speaker, they will tell you who send them. Also in your investigations, what steps are you taking particularly looking at going to Fidelity to find out whether they are bringing gold or not? This will help you to know where they are taking the gold to. We know that resources are scarce. What is needed now is a joint operation command between police and
soldiers.
We know that in Shurugwi, there are some police officers who were arrested who were part of these illegal activities. Why do you not rotate police officers so that we alleviate this issue? If some police officers are also partakers of these activities, this means there is conflict of interest. We need your intervention as a Ministry and the Ministry of Mines so that there is regularisation of those who are prospecting and panning. In other areas, you discover that there are some people who are mining illegally. What is the Ministry of Home Affairs and the Ministry of Mines doing to regularise gold panning?
*HON. MADIRO: Thank you Madam Speaker. The last part of
his question would require a responds from the Minister of Mines.
However let me say that Ministries work together and as Home Affairs Ministry, we expect artisanal miners to be guided so that they can do their mining in a legal manner. On the first part of the question, of course it is true that those who commit crimes are arrested regardless of their status. Anyone who commits a crime, it does not matter what status that person has, that person should be arrested. We also agreed that corruption has spread to different areas in our country, that is why the President and Government speak about corruption mentioning that corruption should be nipped in the bud. There is no discrimination in the application of the law, whether you are a police officer or not, you will be arrested.
I would also want to agree with Hon. Mliswa that it is important to enhance the operations of the police in terms of integrity. For police officers to discharge their duties with fortitude, it is important for them to work with the communities. The communities should bring information to the police so that action can be taken against such individuals. Thank you Madam Speaker Ma’am.
*HON. T. MLISWA: When illegal panners are arrested, it is important to find out where they are taking the gold. There are some issues that are leaking, particularly that gold is being smuggled.
HON. MADIRO: Regarding the Fidelity issue, during the operation chikorokoza chapera, I will not say that police officers were not adequately resourced but I believe that they were sufficiently resourced and we need to appreciate the resources that were availed for this particular operation. What we need is to have enough resources to sustain such an operation so that we continue to maintain peace and security.
Regarding the issue of where the gold is being taken during the first week, the gold that was recovered was a tonne. This shows that the operation was a success. So, whether the gold is being smuggled, we are working on alleviating that. Pertaining to those who send gold panners to pan for them illegally, whoever will be identified will be arrested. There will not be any sacred cows. We would very much appreciate if such information is brought to our attention. I thank you.
PATHOLOGISTS IN MIDLANDS PROVINCE
- HON. M. M MPOFU asked the Minister of Home Affairs and Cultural Heritage to inform the House why there are no pathologists in the Midlands Province, a situation which results in bodies having to be taken either to Bulawayo or Harare thereby causing more suffering to bereaved families who have to endure protracted periods of mourning before burying their loved ones.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Madam Speaker, I
wish to inform the House that there are only three pathologists in the whole country. There are two in Harare and one in Bulawayo. There is little doubt that such a situation is unhealthy and we believe that the Ministry of Health may wish to look into this matter so that it is improved.
HON. M. M. MPOFU: Hon. Minister, I have cases where people were asked to pay money for fuel to go and collect bodies from Kwekwe after the police had taken the bodies from their homes to Bulawayo mortuary, they bring and dump them in Kwekwe. Then they asked the bereaved families to go and collect their bodies in Kwekwe. Is that Government policy? Also most of the bodies come back rotten after all those days when they will be waiting for the doctors. I would like to know what Government is doing about that.
HON. MADIRO: The Hon. Member’s question is specific to the situation in Kwekwe but generally, it is not Government policy to ignore bodies to the extent that they decompose. However, in specific cases like the Hon. Member highlighted, we will be very happy to have all the information so that we get to the bottom of the issue and give you feedback on what actually happened.
HON. TOFFA: As much as I appreciate the response from the Minister, can the Minister tell us what plans they have in place to correct the situation because it is not enough just to say it is an unhealthy situation because it is also an expense to the people.
HON. MADIRO: Madam Speaker, in my response, I made
reference to the need to improve the situation in terms of the availability of pathologists. However, that falls outside the purview or jurisdiction of my Ministry and probably the Ministry of Health may respond to that. But basically the situation is to have enough pathologists who service all the provinces and that is not police responsibility. I thank you.
HON. CHIKWINYA: Madam Speaker, I seek your indulgence
on this matter since the Hon. Minister of Health is not in the House. Basically the question is, why do we have three pathologists in the whole country? All provinces are affected and if you let us know the challenges, then maybe we will be able to articulate to our constituencies when we are faced with such circumstances.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(HON. MANGWIRO): Although this is not policy issue. The forensic pathologists are specialised. It is a specialised area. The other pathologists are there but those to do the forensic investigations or pathology, these are pathologists trained to do investigations and trace a crime to a probable cause. These are trained to say okay, this person has been run over by a car but we look at the blood or whatever position or other findings to say no, he was actually run over by a car after being murdered.
So these are forensic pathologists. It is a super specialised area so we need to encourage more training in that direction, but normally these are voluntary people who would want to specialise in that field because it is a supper specialised area. It is quite different from the ordinary pathologist who can just look at your brains and say you had a huge stroke or you had a big heart attack. So I think it is to do with encouraging our populace or the doctors to specialise in that area.
HON. CHIKWINYA: I hope you were also following. The question originally speaks to pathologists, which I think you want to refer to as ordinary pathologists and these are the ones which have been referred to as being three. Certainly, I also come from the same province which is Midlands. All our cases that require pathological services are referred to Bulawayo or Harare and this has been alluded to by the Hon. Minister of Home Affairs that the situation is the same in all other provinces.
There is no other province save for Bulawayo or Harare, unless maybe you can vouch, that has a pathologist, even an ordinary pathologist. Why do we not have ordinary pathologists in our respective provinces?
HON. CHAMUNORWA MANGWIRO: What I am trying to
say is that these forensic pathologists.
HON. CHIKWINYA: Ordinary pathologists.
HON. CHAMUNORWA MANGWIRO: Okay, any doctor can
do a postmortem or look at a body and give you an answer. So any doctor in any province can do if he gets a bit of training without being a forensic pathologist, but forensic pathologists pertain to say murder cases which have to do with crime, but any doctor can do a postmortem.
MEASURES TO PROTECT ZIMBABWE NEW CURRENCY
- HON. TOGAREPI asked the Minister of Finance and Economic Development to inform the House what measured have been put in place to protect Zimbabwe’s new currency against the black market.
THE DEPUTY MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. CHIDUWA): Thank you Madam Speaker.
In terms of our policy response on this question, as a Ministry what we are saying is the Government has put in place policies and it is currently pursuing fiscal and monetary measures to protect the local currency and these measures will ensure that there is price and exchange rate stability so that the local currency can store value over long periods. I think this is an area that we need to take note.
Currently the economy has managed to achieve a sustained decline in month on month inflation since October 2019 and there is relative stability in the exchange rate as a result of fiscal consolidation undertaken in 2019. This positive development will result in demand for local currency gradually increasing and we expect the black market activities to dwindle as we go in the future.
Government has no policy to reverse the dedollarisation process but to buttress the current measures aimed at stabilising the negative shocks that emanated from the economic reforms that the country went through in 2019 which were necessary for rebuilding confidence within Zimbabwe. So I would say in terms of the specific response the fiscal and monetary measures that we are taking in order for our currency to have value is what is critical for us to deal with the black market.
HON. NYAMUDEZA: My supplementary question is how much
are you injecting per year in the economy in order to reduce the black market?
HON. CHIDUWA: Maybe let me cover the issue of how much cash is needed against the money supply that is in the economy. According to international best practices, what is generally needed as cash is 10% of the total money that is in supply. So if you check the money supply that we have at the moment, we have got about $32.5 billion. So in terms of the cash that is supposed to be available, it is supposed to be 10% of that which is the international best practice, but at the moment what we have as notes and coins that are in circulation we have got around $1.1 billion.
HON. CHIKWINYA: Is it in circulation?
HON. CHIDUWA: Cash is circulating, but the problem that we are having at the moment is because of the scarcity of cash there is the commodification of cash where cash is being sold. So I am sure I have responded to your question to say how much do we have. At the moment we have got $1.1 billion against the expected $3.2 billion which is supposed to be notes and cash that is supposed to be in circulation.
HON. S. BANDA: On a point of order Mr. Speaker Sir.
THE TEMPORARY SPEAKER: What is your point of order?
HON. S. BANDA: Mr. Speaker Sir may I humbly ask that this same question, may it indeed be on the next Order Paper because it has not been fully addressed. Thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker. There is no procedure for supplementary questions to be put on the Order Paper. Mr. Speaker the request is unattainable –
[Laughter] –
WRITTEN SIBMISSIONS TO QUESTIONS WITH NOTICE
OBLIGATIONS BY MINING COMPANIES OPERATING IN
PARTICULAR JURISDICTIONS TO CONTRIBUTE TOWARDS
REHABILITATION OF ROADS
- HON. NKANI asked the Minister of Mines and Mining Development to explain the Government policy on obligations by Mining Companies operating in particular jurisdictions to contribute towards rehabilitation of roads that they use and the infrastructural development, for example building of schools and clinics within such locations.
THE MINISTER OF MINES AND MINING DEVELOMENT
(HON. CHITANDO): Currently there are no provisions in the Mines and Minerals Act to enforce mining companies to contribute towards rehabilitation of roads that they use and the infrastructure developments.
The Government through the Environmental Management Act EMA Act 13/2002 Chapter 20:27 requires companies to have environmental impact assessments before the beginning of any project and also at the end of that project. EMA requires mining companies to have an environmental impact assessment done before the beginning of any mining project. Rural District Councils do charge a levy on all mining operations which is meant to cater for, amongst other things, infrastructural requirements. Government is putting in place mechanisms to ensure that all mining title can only be renewed after payment of RDC levies. Mining companies can do such initiatives under CSOT and in the spirit of corporate social responsibility.
SECURING OF AN INVESTOR FOR SIWALE METHANE GAS
PROJECT IN LUPANE
- HON. M. NKOMO asked the Minister of Mines and Mining Development to update the House on the progress that has been made to secure an investor for the Siwale Methane Gas Project in Lupane as this will go a long way towards resolving the country’s energy challenges.
THE MINISTER OF MINES AND MINING
DEVELOPMENT (HON. CHITANDO): There is a prospective
investor for the Cewale Methane Gas Project. The external investor has secured project funding for a 15 MW Pilot Power Production Project from Coal Bed Methane Gas. Production is scheduled to start by July 2020. Phase 2 will scale up the project to 200MW by 2023 and phase 3 will scale up the project to 1 000MW by December 2027.
Questions with Notice were interrupted by THE TEMPORARY
SPEAKER in terms of Standing Order Number 64.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Fifteen
Minutes past Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 5th February, 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
INVITATION TO A NATIONAL LEADERSHIP PRAYER
BREAKFAST MEETING
THE HON. PRESIDENT OF SENATE: I wish to inform the Senate that the Zimbabwe Council of Churches ZCC is inviting Party
Chief Whips, all Committee Chairpersons, the President and Deputy
President of the Chief’s Council, the Chairperson and Vice Chairperson of the Zimbabwe Parliamentary Women’s Caucus and the Chairperson of the
Parliamentary Legal Committee to a National Leadership Prayer
Breakfast Meeting to be held on Thursday 7th February, 2019 at the
Harare International Conference Centre (HICC) from 0800 hours to 1000 hours.
SPORTING TRAINING SESSIONS
THE HON. PRESIDENT OF SENATE: I also have to inform the Senate that the Parliament Sports Club wishes to advise all Hon. Senators who are interested in sporting that training sessions will be held every day from Monday to Friday from 0600 hours to 0700 hours at the Girls High School. Training Sessions will commence on Monday, 11th February, 2019 and this will be followed by a meeting to be held on Tuesday, 12th February, 2019 at 1700 hours in the Senate Chamber.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF
SMALL GRAINS
HON. SEN. TONGOGARA: I move the motion standing in my name that this House:
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.
HON. SEN. CHIMBUDZI: I second.
HON. SEN. TONGOGARA: Thank you Madam President, could
you please allow me to refer to my notes because there are figures.
THE HON. PRESIDENT OF SENATE: There is no problem in
referring to your notes.
HON. SEN. TONGOGARA: Thank you Madam President. My
motion is on production of small grains. Zimbabwe is an agro-based economy, where 70% of the population live in the rural areas and the majority of them are dependent on the sector for livelihood. Years ago, before Independence, people used to farm various indigenous crops mixed in one field. These crops include maize, rapoko, cowpeas and pumpkins among others. It was part of the people’s culture to grow small grains because they were a guarantee of food security at household level. At the same time, families were able to make a variety of nutritious meals. In a day, the standard menu comprised of porridge from either rapoko or mhunga at breakfast. For lunch they could prepare mutakura or nhopi and for supper they could make sadza with pumpkin leaves with peanut butter and a road runner as relish.
Madam President, the ushering in of cash crops such as tobacco and cotton disrupted the production of some food crops, particularly the small grains. There are fewer farmers who have an interest in growing small grains. Even if you look at Government programmes, particularly the Command Agriculture, it is largely focusing on the growing of maize, soya beans and there is little talk about growing small grains. This is very worrying given that the country has not been spared from the effects of climate change. Zimbabwe is usually affected by persistent droughts and this means as a country we need to refocus our attention to the growing of drought tolerant crops such as small grains. Some of us represent rural constituencies where people depend heavily on agriculture as a source of livelihood. For households, food security in times of drought is a necessity. Our people become vulnerable when the maize crop and other cash crops fail, furthermore resulting in malnutrition especially of primary school going children.
Madam President, irrigation has been noted as one of the strategies for mitigating the impact of drought. However, not all farmers in Zimbabwe have access to irrigation. Furthermore, it has been noted that in Zimbabwe’s Comprehensive Agriculture Policy Framework of 2012 to 2013 that irrigated land has been on the decrease from 200 000 hectares in the year 2000 to about 135 hectares in 2009. This was due to a number of factors that include aging and vandalism of irrigation equipment as well as conflict in the sharing of irrigation infrastructure.
As a result, the majority of our famers have to rely on rain fed agriculture. In time of drought, Government has to import a lot of grain to assist our people.
In the last summer cropping season 2017 and 2018, maize and other grain production stood at 1, 8 million tonnes which did not meet the national requirements of two million tonnes for both human and livestock consumption. The country can make a lot of savings of our scarce foreign currency if the country increases production of small grain.
Madam President, sorghum, pearl millet and finger millet are generally grown in semi arid region 3, 4 and 5 where there is low rainfall of about 450 to 650 mm, high temperatures and poor soils. The production of small grain has been on the increase for example, for the period 2015 to 2016 productions went up by 41%. Some types of small grain are resilient like a grain called shirikure, a type of sorghum which is grown in Manicaland and is drought resistant. It does not attract birds like other small grains, thus ensures higher yields and food security in parts of Zimbabwe.
Madam President, there has been a number of push and pull factor in the growing of small grains both at national and internal levels. The factors include:-
- Climate change has affected the maize production which is a staple food in most countries in Southern and Central Africa, resulting in poor yields and food shortages. This has created a place for sorghum, millet and cowpeas in national and continental food security programmes since they are drought resistant and have a high yield guarantee in semi arid regions as this provides food security.
- Small grains are now considered as cash crops that can be sold at Grain Marketing Board. This will encourage our farmers to grow the crops. Furthermore, the crops can be taken to grinding mills where it can be made into mealie meal.
- There is growing demand for traditional foods in the tourism sector, public functions and this should stimulate production.
- Health wise, doctors encourage people to eat such traditional foods as part of a preventative measure against diseases such high blood pressure and diabetes.
Madam President, while it is noble that the Government made great strides to ensure that our farmers grow small grains, it has been acknowledged that there are still a number of challenges that need to be addressed to ensure that the country fully benefits. Some of these challenges include:
- Inadequate seed production and inputs for the growth of small grain. As a result there are low yields since farmers continue with the same variety which is prone to disease and pests. More research and development is required in producing seed varieties that are strong and produce high yields.
- Lack of appropriate processing technologies like threshing machines which makes farming more expensive with the need for paid labour. There has been concern by farmers that small grains require more labour unlike maize. So, technologies are needed, particularly for the post harvesting period.
- Potential loss by bird attacks in areas like Chikombedzi and many other places in the country.
- Insecure markets as sorghum is yet to find its place in the market in relation to commodity value.
- Poor grading systems which may prejudice the farmer as most small grains are not on high demand for consumption unlike maize wheat.
Madam President, I am therefore calling on:-
- The Ministry of Agriculture to make sure that farmers have a reliable source of high yielding seed and ensure improved sorghum and millet varieties. This can be done through Command Agriculture Programme.
- Agritex officials to train farmers on small grain farming, seed production and ensure continuous production.
- Seed and research institutes to increase motivation through field and demonstration plots so that farmers see the advantages of intercropping, especially on a variety of small grain.
- The Agricultural Marketing Authority to secure markets for small grains and create markets in neighbouring countries such as Botswana. This ensures that farmers get profits and ensure that a tonne of small grain is allocated a favourable and competitive price higher than that of maize.
- The Ministry of Agriculture, to educate the nation since small grains has excellent potential not only to improve the diet and incomes of farmers in Zimbabwe’s marginal areas, but also national food security.
In conclusion, I want to appeal to all Hon. Senators in this House to support the production of small grains in their constituencies. This forms part of our representation functions that is enshrined in the Constitution. This will go a long way in restoring our lost traditional diet and eating habits and will also help our children and grandchildren appreciate such goods.
*HON. SEN CHIMBUDZI: Thank you Madam President for
giving me this opportunity to debate this motion raised by Hon. Sen. Tongogara regarding the production of small grains which is very important for the country. In her motion, she touched a lot of attributes which have to do with our day to day living. In the past, our ancestors and forefathers used to grow these small grains, the finger-millet, wheat and they would store them in their homes.
In my area, Valley Flow of Mt. Darwin, they construct these granaries in the kitchen where they will be cooking because long ago, there were no pesticides hence, the grains were preserved through the heat which is generated in the kitchen and also the soot which is produced by the fire. Our elders would feed on these foods and get a lot of nutrition. As we speak today, in the same place of Valley Flow in Mount Darwin, they no longer grow these small grains. They prefer grain maize and yet maize is not suitable for the climatic condition of this area because of the poor rains.
It is very important that we look carefully into this motion. The Hon. Sen. talked about chronic diseases such as high blood pressure, diabetics and others. We usually have this alarm bell ringing when you start changing your diet and when you are sick because of high blood pressure and diabetics. That is when most of us start changing our diet and eat these small grains such as finger-millet. We also realise that in these modern day hotels where we live, they are now providing us with traditional porridge which is made up of millet, wheat or finger-millet. Of concern and what I have noticed is that most of us do not partake of this traditional food, but you prefer eating these modern day cereals.
As Sen. Tongogara did inform and educate us that in order for us to elongate our lives and live a healthy life, we need to partake the traditional food such as finger-millet, wheat or roller-meal which should have peanut butter added onto it. We know our forefathers lived longer because of these traditional foods yet on the contrary, we are living shorter lives because of these foods. What I have noticed is that people who live longer are said to be living for 30 or 40 years and we prefer eating junk foods from Chicken Inn and Chicken Slice. These foods are delicious but they have created health problems for us.
When we look at the small grains, if we follow the traditional foods, these would bring us together as Africans and we would hang on to our culture. When we look at what is happening as of now, those people who are involved in making traditional brews for appeasing their ancestral spirits, instead of brewing the traditional brew, they go and buy Ingwebu or Chibuku or Super because that is what is obtaining, but how can you appease your ancestral spirits when you talk to them using these modern brews, the ngwebu, chibuku and the super?
I know that we want to live a good life and the mover of the motion said 70% of the population of Zimbabwe is rural based. When we look at people who live in rural areas in the past, they were people who grew most of our foods but now, they are no longer as hard working as they were hence, we call upon our Government to encourage farmers to grow these small grains. One of the ways of encouraging people to grow these small grains is to increase the price of these small grains such as the price that is given to wheat should be equivalent to that given to finger-millet and any other millet. People will rush to buy that because there is money and health.
Let me now turn to the regions. In the Dande area in Mukumbura, we have these quelea birds which are a menace. They originate from Mozambique and they definitely feed on these finger-milllet and other small grains including wheat. When they move you think it is a cloud which is moving. We are asking Government to help us fight these quelea birds because as small scale farmers, we cannot beat them. Even if we spray, we cannot kill them all. What I have noticed is that when you have used these chemicals, our livestock, cattle, goats and sheep which will have strayed into the fields get affected.
When I talk about Mt. Darwin Constituency, I have realised and noticed that very few people are interested in growing these small grains. I am saying, as Hon. Members of this Hon. House, let us go and encourage people in our constituencies to grow these small grains. I remember there was a time at my home where I cooked these traditional foods, one of my cousins who had visited me was very much surprised to what I was calling food. The reason was not imparting enough knowledge to members of my family to partake of this traditional health food which is our culture and our tradition. This should also include grains such as beans and peas so that our great grand children will also be proud of the food because they will have these values inculcated in them at the appropriate age. Therefore, let us grow these small grains.
What is surprising is that you will notice some very young people suffering from chronic illnesses which usually attacked elderly people. I am saying, whenever we are brewing beer for placating or appeasing our ancestors, let us use the small grains and not use the modern beers such as Chibuku, the Ngwebu because our ancestors will not sympathise with us in our pleas. I emphasise and repeat - whenever people grow the small grains, they should be given an attractive price by the Grain Marketing Board and the Grain and people will gladly grow the small grains. I thank you.
*HON. SEN. MURONZI: Thank you Madam President for giving me this opportunity to support this motion. Thank you Hon. Sen.
Tongogara for raising this pertinent motion which was seconded by Hon.
Sen. Chimbudzi. It is very true, the case that has been raised by Hon.
Sen. Tongogara is very important. I was born and grew up in Mutoko. During that time, our parents used to grow wheat, finger millet, beans, groundnuts and I remember we used to eat sadza cooked in wheat, finger millet, millet wheat or even rice which is not refined as the one we see today. We used the traditional ways of preparing the food but of late, I have witnessed that we have ignorant people or maybe lazy ones who do not follow the traditional ways of preparing these foods.
Madam President, if we are to look at the children of today, they are suffering from obesity because of the way they are living. I have also noticed when the weather changes or there are some showers, children of today end up growing some goose pimples on their bodies but when we grew up we did not suffer from these illnesses. We ate the right foods. My mother died at the age of 124 years and we give thanks to the traditional foods which she was eating that elongated her life. They lived longer because they did not throw away their culture. Today, we are encouraging our children to feed from the cheap junk foods.
I remember when we grew up, we used to cook this beans mixed with peanut butter and when drinking tea we would consume that. It was very healthy and nutritional. We also used some porridge made from beans and peas, in Shona it is called rupiza. We invited in our Committee some health personnel and when they addressed us, they encouraged people to adopt traditional foods, especially those that we grow but people have now taken the taste of the Western diet. This is creating the chronic illnesses. What is surprising when they go to the doctors for consultations, the diagnosis and prescription given by the doctor is that they should revert to the traditional foods that are nutritious and healthy. Let us teach our offspring, our children because when we try to give them sadza cooked from finger millet or wheat, they are surprised at the colour of the food and the odour produced. I thank you.
HON. SEN. MOHADI: Thank you Madam President. I also want to add my voice on this motion presented by Hon. Sen. Tongogara, seconded by Hon. Sen. Chimbudzi. I do not know whether it is because of my age and how I prefer traditional food because to me it is very great. I will not mention all the grains because they are so many, I only want to choose one which is very important and that I have recently craved for. It is the pumpkin.
Madam President, with the pumpkin, we make very good vegetables from the pumpkin leaves. Most of us just eat that and enjoy not knowing the nutritional value contained in the pumpkin vegetables.
I want to convey my sincere thanks to Hon. Sen. Timveos, she is the one who told me to google. I am not a user-friendly cellphone person but she taught me how to google that vegetable. I found that it had about 13 to 14 nutritional values in it. If you want that information, I can assist you through the lessons that I was taught by Hon. Sen. Timveos.
Madam President, in our area, we come from region 5 where we hardly harvest anything as we do not receive sufficient rainfall. We receive below average rainfall. For us to survive in Matabeleland South, most of the times we have to go for small grains. During the golden days, we used to have granaries whereby our parents would dig underground granaries in the cattle kraals and the grains would be stored there. They could go for four to five years and they would assist us during the dry seasons when we could not harvest anything so that we could have sufficient food to eat because it was well preserved.
Madam President, I would urge the Government to have more research centres. You will find that may be we are the worst affected in the region. We have got Matopo Research Station whereby they have all the lessons for improving our seed varieties. If you go there, they specialize in small grains only and you can have a lot of other varieties that you need. It is vital for this information to be spread all over the country as we are now experiencing almost the same rain conditions. Even in those areas where they used to harvest a lot through crop production, especially maize, you find that these days they are now being affected by climate change. So, we have to be prepared to grow even the small grains so that we avoid having this problem of insufficient food.
Madam President, those who spoke before me talked about the market price. If at all I were the one, I would increase the price of these small grains, especially this coming season because there is need for us to grow small grains in order to survive. If we look at the small grains as I alluded to before, they do not need a lot of rainfall and they do not even need the irrigation component. You can grow these small grains without irrigation and you will always harvest them.
Madam President, we have got problems in growing these small grains. The main challenge is quelea birds. These birds cause great havoc to these small grains, especially sorghum. They will eat all the crops and you will remain with nothing. We need a method which is environmentally friendly to scare away these birds or to kill them in a manner which will not affect other animals or birds that do not eat our sorghum.
Madam President, also looking at the way our sorghum is harvested, it is very cumbersome. As a result, even ourselves no longer like that food because it has got a lot of sand and stones; it is not palatable at all because of the method that is used, that of threshing. I think there is need for combine harvesters that will harvest and it should never be put on the ground for it to be palatable - [HON. MEMBERS: Hear, hear.] - Another challenge is the planting part of it. Our planters do not have a disk which is particularly meant for the small grains. As a result, if we use our own hands, it becomes tedious. We need a disk that is specifically made for planting our sorghum.
Madam President, there is also need for more education to the communities. Our extension workers that are on the ground, should put more emphasis to farmers to plant these small grains. That is the only way we can survive, especially for those who are in region five. I am sorry if you still want to grow a lot of maize because you will never succeed unless if it is under irrigation. If we take into consideration the irrigation component part of it and the use of electricity, it becomes very expensive for farmers to produce. They can produce some maize but it would be very expensive if they consider the expense involved in producing that maize. It is not profitable at all. So, let us stick to our small grains and continue as parents and grandparents, to teach our children to get used to these small grains as it assists them in the future. Also, these small grains minimize diseases. I am not saying that it is a cure of anything but due to the nutrition value that is contained there, it minimizes diseases. With these few words Madam President, I would also want to thank you for giving me this opportunity to express myself. I also want to thank the mover and the seconder of this motion because to me it means a lot.
*HON. SEN. MATIIRIRA: Thank you Madam President for giving me this opportunity to make my contribution on this motion raised by Hon. Sen. Tongogara, seconded by Hon. Sen. Chimbudzi. This is a very important motion. I urge my fellow Parliamentarians to support this motion because if you have that policy of growing these small grains, we will progress in our country. I come from UzumbaMaramba-Pfungwe, up to the areas of Tokwe, Mazowe Bridge, Rushinga and those areas. When I was growing up, there was no home which did not have mortar and pestle and also grinding stone. This was because our elders knew that such grains were very important in the home. Even when a visitor pays you a courtesy call and they are hungry, it was so easy to prepare a quick meal for the visitor especially porridge because it is ease to cook these foods.
I am grateful for the motion raised by Hon. Sen. Tongogara and I think it is up to each one of us as Hon. Members that we preach this gospel of growing these small grains because this will mean the survival of our families and our nation. What I know is that the grains can do, they are easy to preserve. You do not need lots of chemicals because when you go to market places such as Mbare, you will have names of all these grains. In the past, we used to have problems in growing and eating these small grains because the process in preparing them was long and very heavy but as of now, we simply take these grains to the grinding meals and you have your mealie-meal ready. So, there is no need for us to shun these small grains.
I am also grateful for this motion because you notice that Government has already taken part in encouraging members to grow these grains. The Grain Marketing Board (GMB) is also saying whoever has any amount of small grains, you will benefit after selling the grain to them. The support of Government shows that we are in the right path and we should encourage each other because we have heard some of us who are reluctant to grow these small grains because they say birds are a menace. What I know is birds can only be a menace if few individuals grow small grains in an area but if the whole community grow these small grains, you will not have any problems with the birds.
I know we all like maize meal but we should know that most of the chronic illnesses which we have emanate from the types of foods which we eat and I am urging my fellow Members; my fellow
Parliamentarians; all people of Zimbabwe to grow and eat these small grains because they are healthy and nutritious. Let us hold Field Days; let us hold Open Days and encourage constituents to grow these nutritious foods because if we grow these different foods, including maize, we will have nutrients and also have healthy life. People who grow these small grains such as the finger millet and other small grains smile all the way to the granaries because their plants are doing well. That is why I am very grateful for this motion raised by Hon. Tongogara. We are very grateful for this contribution which you have made. I thank you.
*HON. SEN. MOEKETSI: Thank you Madam President for
giving me this opportunity to add my voice to this motion. I just want to add a few words to this motion. Thank you Hon. Sen.Tongogara and
Hon. Sen. Chimbudzi for raising this motion. Let me start by giving an example of the people where I come from. I come from Chisumba.
Some time back, we used to have a village head called Muombedze. Mr. Muombedze used to encourage people to grow these small grains, first before you grow any other crops which you want. He was very strict on that. Before you grow any crop of your choice, you have to start by growing small grains such as sorghum, runinga, millet and any other small grains.
He would also give reasons why this should be done. He would explain that most of these modern grains suffer from heat stress whenever we have less rains and yet small grains can do well even in times of drought. Also he would say whenever there is somebody who is sick, the question to be asked when people come to visit the sick person is have you given the person porridge made from rapoko because the reason was that whenever a sick person was given porridge from maize meal, when they throw up, all the nutrients would be lost, yet when they were given porridge made from small grains, when they throw up, nutrients remain in the system.
I would like to urge our traditional leaders to lead by example in growing these foods. The village head I was talking about had a communal granary which was meant for storing these small grains because they would help people in times of famine. I am begging you; I am kindly asking you, Hon. Traditional Leaders, may you please encourage people in your areas to grow these small grains. People should go back to their tradition and follow their culture.
The previous contributor on this motion said when we are brewing traditional beer for appeasing our ancestral spirits or our ancestors we use small grains; we all know that we are Africans, we have our culture. When you go to the market to buy these small grains or mealie meal, a small container which is less than a litre, costs about $15. So, fellow Members, can you brew a real brew for your ancestors when you buy the meal at such a high price. Therefore, that is why I am saying let us go back to our culture; let us remember where we came from. We are being controlled by foreigners and our tastes have been controlled by the foreigners.
I am salivating as I am talking because I am thinking about the roadrunner, the traditional chicken because you can even eat the skin of the roadrunner. Our doctors today discourage us from eating the skin of these broilers which grow within a short space of time. When they are educating us on our eating habits, they say broilers have chemicals given to these broilers to grow fast and this causes them to have many diseases. When we go to these hotels, when you see some people filling their plates with these junk foods, these people are really killing themselves. Hon. fellow Members, we are killing ourselves; we are committing suicide because of the kind of foods which we are eating. We think we are into modernity; we think we are doing the Western diet but to be truthful, we are committing suicide; we are killing ourselves.
In my home, I brew the traditional drink which we call mahewu. When you visit me, do not be surprised, I will not give you Mazowe or fruit juice but I will give you this mahewu. I remember my son who is in South Africa, when he paid me a visit, he came with these juices and all those Western foods. When their drinks ran out, my grandchild wanted a drink and they came to me to ask for juice, what I did was I simply went to my pot and took mahewu, the child refused saying this is not my juice and I said this is the juice I have my grandchild.
The child went to the mother and cried until in the end the grandfather had to drive out to go and buy the fruit juice. If that child had been trained that this traditional brew is very nutritious and good, the child would have accepted that mahewu. Also my children would not have come with their sisters because they knew that at home there is home brewed drink and that they would have these small grains, eat mice and Mupane worms, however, nowadays, they think that it is poison. I ask for divine intervention from the Lord above that we go back to traditional foods. I beg traditional leaders to go back to their constituencies and encourage people to grow small grains. We are committing suicide by eating these junk foods, at times we do not even know what they are flavoured with.
Some hotels have realised that they should include these traditional foods on their tables but as Africans we do not pick on those dishes with Mupane worms, mice, nuts and other small grains, instead we prefer eating the Western diet. However, our traditional food is valuable, nutritious, so let us encourage members in our communities to grow these small grains. Other Hon. Senators who have contributed have asked Government to make a contribution on this. I thank you.
HON. SEN. SHUMBA: I am very grateful to Hon. Sen.
Tongogara and Hon. Sen. Chimbudzi for encouraging the growing of these small grains. These small grains are very precious, nutritious and are very good for us. I have heard other Hon. Senators saying their children are not interested in these traditional foods. As Hon. Members, as elders yourselves do you eat these traditional foods? If not, how do you expect our children to eat when as elders we do not eat such foods?
I have noticed that in the hotels they try to include these traditional meals but I have noticed that even Hon. Members shun these traditional meals and go for the maize sadza. I come from Region 5, in Mwenezi and we grow these grains, we are neighbors with Matabeleland South and this is our traditional foods. We also brew the traditional drink using sorghum and we also add some additives and it is very nutritious. Let us not apportion the blame on Government but we should be the starting point, grow these small grains and eat them.
Do we really know where maize came from? It was brought into the country by the Europeans. This was a replacement to our traditional food, we had to let go to our finger millet and all our small grains. We also had some food which was prepared with peas and peanut butter – one would have a very delicious meal. Let us teach our children to appreciate our traditional foods so that we do not end up saying our children do not like traditional foods. However, the blame will come back to us because we did not tell them about the appreciation of traditional foods.
My mother comes from Matabeleland and she used to prepare for us traditional food which in Ndebele was called mavulekwa. She would take roasted sorghum, grinded it and it would be served with milk which would have been nicely preserved. My mother would just serve the food into one big dish. She would scoop with a large spoon into each child’s hand. So we would eat and lick our fingers because it was very nutritious and delicious. We grew up very healthy; when you look at me, I am healthy and fit because of the traditional food which I grew up eating. If you again look at me, I am very good looking, rejuvenated and beautiful because of what I used to eat. When my mother used to serve us with breakfast, she would take sorghum millet and paste it on the edges of the pot and then boil it – in Ndebele they call it maqebelengwane and in Shona it is called zvifutura mvana. Some people do not know these maqebelengwane or mathebe but this is nutritious.
My children who are in the diaspora always ask me to send them mealie meal from these small grains so that they can prepare non alcohol beverages using the small grains mealie meal. Hon. Sen. Tongogara and Hon. Sen. Chimbudzi thank you very much for this motion, it is a progressive motion. People say when you grow these small grains; you will suffer from attacks from the quelea birds but in my constituency we grow these as a whole district so most of us will be guarding our fields jealously and we make lots of noise whenever these birds come and
scare them away; we also prepare scare crows. When we are preparing these dishes using traditional grains we first grind them using mortar and pestle or the grinding stone.
Madam President, I would like to bring you some of these meals so that you enjoy and I would also ask for some orders and I will deliver. We now have some types of seeds for these small grains which are also suitable for areas which have got a lot of rains. We also have this red sorghum, this is very nice and what I like about this is that we grow this. Let me just give a lesson on growing this small grain. You do not grow it when the rains are still heavy, but when the rains are tapering off, you then grow them and in that way, you really get a bumper harvest. An Hon. Sen. talked about the pumpkin seeds. I tell you what, if you want relish you can use these pumpkin seeds as relish and you really feel you are getting very nutritious food which is delicious - a delicacy. When we are talking about these foods, we are talking about health.
Today, please allow me and I will be spying on you to see whether after this valuable lesson you will be feeding on the traditional foods in your hotels because I know that you shun them. What I know is that if we do not partake on this food it will soon be extinct, yet we prefer refined maize meal and it is not nutritious. Let us eat traditional foods. Hon. Members who spoke before me talked about chronic illnesses and yet at my age, I am still able to run. When I go to hotels, I also ask for these traditional foods so that I feed on what I grew up eating. Please, let us live by example. We need to teach ourselves and we need to accept this lesson.
I know the problem why some of you do not like to grow these small grains. The reason is that when you harvest you really have to go crop by crop cutting off the millet head. I think this is where the problem is. People prefer that we need to have mechanisation and harvesters which may be used in harvesting these small grains because at the moment, it is really heavy to go and cut off head by head of these small grains. What I am saying is mechanisation, please we need to have a combine harvester which is going to be used in the small grains because you know the combine harvesters, they harvest and winnow everything so that all you do is to take to your granary.
We have noticed that these days some people are now threshing these small grains using cattle to tramp on them. That is how you thresh it. So, we need to have some mechanisation to be followed in these grains. I love this motion because it is making us really go back to our culture and tradition. We have some singers who have said things of the past were taken by Abel Muzorewa. We should be living a modern life. I ask the good Lord above to be upon us so that in our next planting season, we need to grow a hectare of these small grains and in that way, our children will appreciate and follow suit. Thank you Hon. President for giving me a chance to make my contribution.
+HON. SEN. S. NCUBE: Thank you for giving me this
opportunity to make my contribution. I also thank the Lord for bringing you back all alive. I had already prepared my contribution and yet I know that when you contribute after all other members have contributed, you may seem to be repeating what will have been said by previous speakers. Hon. Sen. Tongogara and Hon. Sen. Chimbudzi, I want to thank you for this motion.
I grew up in the rural areas. My contribution has been taken by the previous speaker because she said exactly what I wanted to say. When I grew up in the rural areas, we did not grow maize. Mr. President, may I please have a proper interpreter interpreting for me because I am speaking good Ndebele. I grew up in the rural areas. In my home, we did not grow maize but we grew sorghum and other small millets such as finger-millet and also what was called chibuku and red-Swazi.
The reason these small grains are no longer being planted these days is because people were not told that these small grains are cash crops. If only people had been told that these small grains are cash crops, most people would be growing them just the way we did when we grew up. In the past, people did not grow these small grains as cash crops, but it was for our own feed. The other reason people do not want to grow these small grains is that we used to use pestle and mortar to prepare these foods. I am not sure if our children can use this pestle and mortar.
I belong to the Sabbath denomination and on Friday, I would use my pestle and mortar in preparing this food when I was in Grade 7 and before moving to town, and in that area I would fill three containers. When I was coming from school, I would prepare the meals to be used on Friday and I would also have some other grain which would be eaten on the Sabbath Day because on the Sabbath Day we did not cook sadza. The mealie-meal which I will have prepared on Friday would also be for the other coming days. This was not easy, especially using the pestle and mortar and the grinding stone.
I would fill these three containers. We used to eat the meal which is called amaqebelengwane in Ndebele. The price of bread has gone up, people are now in problems. I remember when we used to have these amaqebelengwane, we would use salt and sugar. In my home when I am cooking these, I would also put a little bit of mealie-meal and put more flour. When I grew up, I was told that I should eat all the foods and I should not shun any food. I grew up staying with my grandfather and my grandmother. Whenever you say you do not want to eat anything, they would beat you up. They would say if you do not eat this type of food, where will you get the traditional doctor who will treat you so that you eat the food which is available.
As a result, I was told that as a child, eat what has been provided by your parents. We also have other bread which is baked using soft maize when it is still green mealies. We would nicely grate that maize and wrap it up in the leaves and it is was very delicious. So, you grate the maize from the cob and mould it nicely and cover it up with some maize leaves and boil it. That is very nutritious. Today’s children are fed on bread which is not nutritious. One of our centres said this is poison, it kills our children and disturbs their health. All these things you are talking about – I do not know the reason why we dumped all the nutritious foods.
When we are talking about our children, we said our children do not feed on the food that they do not know. When I came to town, I did not want to eat mealie-meal from the small grains because I had eaten it a lot in the rural areas. When we ate sorghum, we would start by roasting it, put it in pastry and water and grind it to have our meal. Now that we have grinding meals, there is need for us to appreciate that.
Because of mechanisation, we now have grinding meals for small grains. We know there are small grains for Chibuku that can also be used to make sadza and can be a cash crop as well. People should know that when they grow small grains, they could sell them to the Grain Marketing Board. As of now, people know that when you grow small grains, you simply store them in your granaries.
Hon. Sen. Tongogara, this is a very good motion which was also introduced in the last Parliament by Hon. Sen. Tholakele. We ended up nicknaming her ‘Nutrition’ because she used to talk about small grains and the nutrition derived from them. All the grains you are talking about bring nutrition to the people. We used to eat pumpkin porridge. When we were harvesting these pumpkins from the field, we would sit down and would say we want to eat these in porridge. We would take some barks from the trees which we would use and these would be stored in the granaries. When we were cooking the pumpkin porridge, we would add some maize meal and serve on relish. At times, it was so sweet that you do not need to add sugar.
These are very important things which you use especially if you grow these small grains. As of now, we are talking about the expense we face on these food stuffs but if we grow these small grains, we would not suffer from these high prices. Even if we had little rains, these would take care of our nutritious needs.
The other Hon. Member talked about the meal that you would prepare using milk and this meal which we called umxhaba. We also have what we called umfutho which is food that is cooked and dried and this other meal is whereby you will have prepared this meal and add some milk and eat it there and then. Many different food types are produced from these meals. Some of these are called ukhayezi which we had to put in our lunch boxes and take some grains. We had to hide that because we would not want to be seen as there were some people who would bring buns at school. You would notice that when buns were put into a plastic, you would put them in a place where everybody would see that you have buns.
The other Hon. Senator talked about the food which is called bizha in Ndebele. I had already put down that as I stated. Bizha is the peas which when they are grown and a very good harvest comes out are very nutritious. You can eat them without any additives. My grandmother would roast and grind them and would use that as both a meal and relish. You could also eat it as raw and this is different from beans because these are beans which are sold.
The problem we faced was that we were not aware that these were cash crops but in my home, I have felt that I am abusing my children. Our children know their rights; whatever you do and they feel you are overriding their rights, they will tell you that you are abusing our rights. In my home, I have taught my children that whatever is prepared in the home, you should eat it because when I grew up I was told that there is no food which is not eaten. I get surprised with what I see in other homes whereby you have many pots targeted at different children who say they do not eat the main meal that would have been prepared. I am saying we need to encourage each other as Hon. Senators especially as farmers. The small grain seeds are very cheap and we need more farmers to grow these. When there are more farmers, then we have these small grains and we would have mealie-meal.
When I grew up, I would not feed on rapoko but because I have seen this in hotels, I have realised that it is edible. Let us appreciate that our traditional food is very nutritious and delicious. Farmers should be told where the market place is for the traditional foods. You can also preserve that at the Grain Marketing Board because it is not easily attacked by pest, that is why people are only interested in maize. I thank you very much.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President. I feel very happy when Hon. Senators appreciate the service of the traditional leaders in upholding our culture. I am very grateful to Hon. Sen. Tongogara for introducing this motion. In our culture, whenever the mother introduces anything in the home, we notice that the father,
the children and all the relatives in that community will accept it; nobody will turn it down. That culture will be adopted even by the neighbours.
Mr. President, when we talk about the growing of small grains, we have not been very serious in growing them but we would only think of the small grains whenever we are faced with some problems such as what has happened this season where we have had very little rains. The weather forcasters used to tell us that we were not going to have normal rains but we have normal to below normal rainfall. What we know is that if only we were clever, we would have preserved our culture and we would have grown the small grains. We would have done the right thing because the small grains, from the knowledge gathered from our past, is that even if we have climate change, the small grains can withstand little rainfall. They do not require much rain. Now if we go back to our culture, even if we did not have weather forecasters, if we uphold our culture and normative values, we used to have some science which would tell us of the future in our climatic conditions. Our elders would tell you when the winds are blowing from the North, the meaning is this and if it is blowing from the West, they would also know the meaning of that and predict the weather patterns. They would also tell the future weather patterns when they see wild fruits. At times, when they see that there are some of these traditional sciences which are happening and not occurring in that particular period, they will tell you there is going to be some disaster.
I am saying we need to uphold our culture. Our children have now turned into thieves because of hunger. People will have problems; there are riots when people are hungry. What we need to do is to ask our people to start growing these traditional foods because they will help us in upholding peace in the country. What is obtaining now is that our children are being fed on junk foods and they are becoming obese because of this food. If we give them traditional food, they will not suffer from obesity. I am a huge man because I am old. We have noticed that our children even babies are becoming obese.
Let me give you some medicinal advice. In our culture, we know that cancer is not new regardless of the fate it is casting upon today’s generation. Cancer can be treated by traditional foods. Cow peas can be used in treating sores. When we are eating pizza and when we look at the way that food is prepared that is junk food.
To children of today who call themselves ‘salads’, we are saying salad is raw cheap material. I am saying let us not take our country to the raw cheap people who suffer from any passing ailment which attacks them because their immune system is weak. We can only boost our immune system if we feed on traditional foods. Government should craft a law which makes it compulsory for farmers in both A1 and A2 farms to grow these small grains which will be stored in our granaries – [HON. MEMBERS: Hear, hear.] - In a time whereby we have very little rains or famine, people will then use these grains. We used to drink this non-alcoholic drink and porridge made from cow peas. Unfortunately, we are interested in feeding in refined maize meal. When we look at people who are suddenly big just as I am, this is what we call uncontrolled obesity because of the poor feeding habits which we have.
We now suffer from chronic ailments such as BP, asthma and diabetes.
As a traditional leader, I feel very much enthusiastic in supporting this motion. I would like to tell my people to grow these traditional crops. When we are talking, please support us so that we have traditional foods. If you do not support us, you will be fed on junk foods that will cause diseases in you. Some of us are living with chronic illnesses because we are eating genetic modified foods. When we were growing small grains, they did not need any chemical additives. Our ancestors would simply clear the fields, burn the trees and grass and grow their crops. We know that if we start doing that, we will grow the crops and we will sell to them because these Western countries now want organic foods yet as Africans we are eating these foods which have been shunned by the West. I thank the Hon. Members who have talked about this and we need to go and preach the gospel of good feeding and growing appropriate crops.
We also need to encourage our hotels to feed people on traditional foods. Let us feed our children with traditional foods in the crèches, and pre-schools. They will grow up knowing this is healthy food. I know that as adults, it may be hard to change because we are used to eating junk foods. Thank you very much Hon. Sen. Mohadi for bringing this motion to light.
HON. SEN. TONGOGARA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th February, 2019.
On the motion of HON. SEN. MOHADI, seconded by HON. SEN. SHOKO, the Senate adjourned at Eight Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 6th February, 2019
The Senate met at Half-past Two o’clock p. m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND CENTRAL PROVINCE (HON. SEN. MAVHUNGA): Madam
President, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 12th February, 2019.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL GRAINS
Second Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing small grains.
Question again proposed.
*HON. SEN. RAMPANEPASI: Thank you Mr. President. I was
very impressed by the motion raised by Hon. Sen. Tongogara and Hon. Sen. Chimbudzi. When we grew up, we used to eat okra, sorghum, kapenta fish with peanut butter and beans flavored with brown sugar and they looked like baked beans. Our parents also used to roast pumpkin and water melon seeds that we used as relish, which was very nutritious.
Today’s wives are now cooking food badly and people end up suffering from stomach ache. We need to eat nutritious food. As we were growing up, we used to feed on maize which was mixed with pumpkins; this food was put together to create a meal called ravariya.
Mr. President, we were very healthy because we were eating nutritious foods. As of now, young children are being given junk food. I am not wrong if I say some of the reasons for the high rate of divorce could be bad cooking. The husband is given some sadza which is not properly cooked. The sadza is just cooked and served instantly. In our days, we used to simmer sadza for more than fifteen to twenty minutes. That is why we are now begging for the new generation to go back to our culture and start eating our traditional foods.
I am talking mainly about the girl child because they are the ones responsible for upholding the household chores. As a result, you will find that a husband will go and feed at his mother’s house where the food is properly cooked. When he comes to his wife’s food, the food will be junk to the extent that he will not eat. Mr. President, we have this feeling that the husband is spoiled that is why he keeps on running back to his mother. In some cases we even say he was given a love portion where he was born. I am urging my fellow women to be able to cook properly. Today’s woman is feeding children on junk food which
is unhealthy and that is why I am grateful for this motion. Thank you.
*HON. SEN. MALULEKE: Thank you Mr. President for giving me the chance to make my contribution on this special motion. You may find that I may be mixing my language because my ethnic language and Shona are almost the same. I am also grateful to Hon. Sen. Tongogara and Hon. Sen. Chimbudzi for raising this motion. It is quite a pertinent motion and very essential especially for us in this august House. As far as I am concerned they have given us a role to go and be role models in our constituencies because it is a very constructive motion. Today’s generation is looking down upon our tradition, our culture and food, yet we grew up healthy and strong because of those traditional foods. During our generation, our parents would wake you up very early in the morning to do certain chores like going to fields then you would go to school after that.
We used to have a seed crop which would grow in a very short space of time, especially when we talk of sorghum and finger millet. In my area we have a conservative game park called Gonarezhou and that is where we have these birds called the quelea birds and in Tshangani we call them monda. Nowadays people are growing white sorghum, we also had some red millet which we called gangala umotodi and it needed no pesticides since they were not attacked by pests. We have different types of sorghum and millets and these could stand any season. After harvesting, we would put sorghum in mortar and pestle, roast and then starting grinding. After this preparation the dish would be served with milk as relish. We also had another kind of a meal which is called gusha picked up from the forests, sometimes we would have fish and other wild vegetables which would gather, and it was very nutritious. These days we now have Blackjack which we used to take as a treatment for high blood pressure.
I am talking about this because we grew up very healthy and we did not have the kind of obesity which is now prevalent in this new generation. Nowadays our daughters in law are giving us nicknames because we love sugar, so they are calling us glutens. What I notice is that when you are feeding on sorghum it is that kind of a meal which has no sucrose - as a result, it is recommended that we give it to people who have chronic diseases (diabetics). We used to eat these kinds of traditional foods which were very nutritious and we were very healthy and active. At times where need arose, we would dry these vegetables so that in future when there are no green vegetables we would eat those dried.
In my area we did not grow that finger millet because as soon as you broadcast that, there is a process which you have to follow but in our case we did not grow that because our kind of soil did not allow us to do that, but we grow the sorghum and other forms of millet.
Let me point out that some of these crops we used them as cash crops because after growing that kind of a meal you would sell it to your neighbors and even to other districts. You would also use the stock from these crops in feeding your animals and the difference between maize stock and millet stock in feeding the cattle is that the maize stock is quickly devoured by the cattle yet with the stock of millet sorghum lasts.
So, we have got a lot of cattle in our area because we could feed them even in winter.
Once again, I am grateful to Hon. Sen. Tongogara and Hon. Sen. Chimbudzi and I am urging my fellow members to go and lead by example. Let us not only leave this task to our traditional leaders. I thank you.
*HON. SEN. CHIFAMBA: Thank you Mr. President. I would
like to thank Hon. Sen. Tongogara and Hon. Sen. Chimbudzi for this pertinent motion. I think this motion has been debated well. Traditional food is very good for us, many diseases are coming because of the foods that we are eating. Our wild fruits are very good because they have their natural sugar such as mangoes and peaches. I remember as we were growing up that we would eat tsombori, maroro, Blackjack and mujakari. Normally in summer I do not eat these other vegetables, I eat traditional vegetables. My children always laugh at me saying I take it to the extremes but it is very good because it builds our bodies.
Even Blackjack is very good, it is as good as an antibiotic and it has some iron in it. Even the health workers are encouraging those patients in hospitals to eat Blackjack since it increases their levels of blood. Nowadays pints of blood are very expensive and at times one cannot even get it, so Blackjack would be very helpful. It also helps in soothing the sore throat; these other tablets have side effects but if we use these traditional vegetables you find that we will not have high blood pressure or these other chronic disease because they are caused by some of the foods that we are taking.
I am glad that this motion has been raised because we encouraged as parents to urge our children to eat these. Nowadays if you give children of this generation mbwire mbwire they will laugh at you but long back when we used to eat that, we would spend the whole day with our tummies full. You can also use the pumpkin leaves as relish as well but you find that these days people shun those things. Our elders never used to be weaklings because they would eat these wild fruits tsvanzvadziru which have medicinal values in them.
So, I would like to thank the Hon. Senator for bringing this motion and taking us back on memory lane. Most of us were now forgetting these foods to an extent that we no longer like sorghum because we are used to eat this white maize which causes us to be unhealthy. As the august House, we should go back and encourage our people. During our meetings when we meet the people, we should encourage them to go back to these traditional foods because they are more healthier than these exotic ones. Thank you.
+HON. SEN. S. MPOFU: Thank you Mr. President. I want to thank Hon. Sen. Tongogara seconded by Hon. Sen. Chimbudzi for bringing up this motion about our traditional foods that as Zimbabweans, we should go eat traditional foods. These days doctors are encouraging us to eat traditional foods because they do not have fertilizers in them.
Matabeleland North is in Regions 4 and 5 where there is very little rain. We notice that people of this region are supposed to be growing these small grains, but we are now addicted to maize hence we end up growing the maize which is not in sync with the climate in our area.
We need to grow the small grains like sorghum, beans and peas because these are the crops we used to grow in the past. In the past, we used to brew beer in seven days and we would use yeast and rapoko for fermentation. As of now, people are brewing this traditional beer using some of the ingredients which are causing diseases in our bodies. We now suffer from some chronic illnesses which were not prevalent that time.
I can give an example where we had people in the past that used to drink a lot of this traditional beer but there were no illnesses which they would encounter. Now, we have people who are drunkards and are suffering from chronic illnesses because the ingredients which are put in these brews are causing all these illnesses. I know of some other forms of sorghum and rapoko which are not attacked by birds because of the way they are created. As the people of Zimbabwe, we are now aware of our climate and therefore let us grow crops which suit our climatic conditions accordingly.
In the past, we used to grow sweet potatoes and we would have our tea with sweet potatoes. This was very healthy. Now we have made ourselves get used to having tea with bread which is creating health problems in ourselves. We used to have road runners, the traditional chicken but now we are eating chickens which are genetically modified, a bird which is ready for the table in four to five or six weeks. It is because of these genetically modified chemicals implanted in those birds that make them quickly grow. The result is that we get diseases because of those chemicals which are fed into the animals and they end up coming into our bodies hence the chronic illnesses.
We also believe in that cow beans are very precious as a traditional meal. When need arises, you may eat these cow peas and you may eat the leaves as well. Our doctors and health specialists are now encouraging us to eat these vegetables because no fertilizers are used on growing them.
We are again used to these light cucumbers yet traditionally, we had our own forms of cucumber. We would grow these on fences and they would be very good nutritious food. I am suggesting that we also encourage our off springs, our children and grandchildren to value these traditional foods.
One other discouraging thing is when you take this sorghum and rapoko and sell it to the Grain Marketing Board, when you compare with the maize, the GMB gives you less money than on maize and yet on the contrary, when the sorghum or rapoko has been processed to mealiemeal and you go to the shops, is more expensive than the maize meal.
This is good because they are not genetically modified.
We are encouraging our Agritex officers to encourage the farmers to grow these traditional crops. What I know is that whosoever grows these traditional crops will never suffer from moisture stress or from hunger because these traditional crops do well where there is little rain and nobody can suffer from hunger. I am grateful to what has been introduced by Hon. Sen. Tongogara and Hon. Sen. Chimbudzi. I thank you.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for
affording me this opportunity in support of this motion which was brought in by Hon. Sen. Tongogara, seconded by Hon. Sen. Chimbudzi about the farming of traditional crops. This is a very important issue. If we look back, rapoko, sorghum, finger-millet and ground nuts, were very important. Rapoko has many uses. We brew beer, make sadza and even sorghum and finger-millet also brews beer. So these crops are very important.
If we look at the sadza from these three things with dried vegetables in peanut butter, it is the reason why ladies stood up supporting this motion because it is their area. I also support that the Government should encourage the farming of the crops that we have talked about in this House. They should come up with ways to provide the seeds because they are scarce. When we go out, we have heard this issue being brought up and you will find that people will want to do their traditional things.
Let me come back to rapoko. When people are willowing rapoko they would put all the items needed together. They would invite people from different villages to come and they do the work together. This would enable them to meet other people and would sing, women ululating which is no longer common these days. When people were ullulating it was like a whistle being blown. This was a way of bringing people together when people are reaping sorghum and rapoko. You will find that these activities help by providing food and bringing people together. We should really support this and people should continue with the practice.
I have noticed that when people are eating these types of foods, they also included wild fruits like tsombori, matamba, tsubvu, et cetera. All these were wild fruits that our people would depend on. I really support that this should continue to be propagated so that our country would go further. With these few words Mr. President, I thank you.
HON. SEN. MAVETERA: Thank you Mr. President. Allow me
to add a few words to this very important topic that was brought to the House by Hon. Sen. Tongogara. Zimbabweans are blessed that we have a very beautiful country which was divided into five agricultural regions.
Each region was specific in terms of the crop production it was offering. Unfortunately, we have stopped observing that, forcing our people to plant crops that are not suitable for their respective agricultural regions.
Many people have talked about the nutritional and medicinal values of those small grains and I will not zero in on that. I will try and emphasise the need to promote the growing of small grains in terms of food security. Half of our country is in regions 4 and 5 and in these regions, the so called cash crops do not fare well. We need to start as a Government to promote the growing of small grains. One example is that at this moment we have Command Agriculture but there is no Command Agriculture for small grains. We waste resources by giving people in Masvingo, Beitbridge Command Agricultural inputs, starving people who should be given here. We should have Command
Agriculture for the small grains in those respective areas. We will make sure that we have enough food for our people.
I grew up in Masvingo and we were growing rapoko, sorghum, mhunga. We never used to know that there is anything called drought. Our parents would have granaries packed for almost 5 to 10 years, for example rukweza is not affected by zvipfukuto. They would only dispose it when they have ensured that the new harvest is adequate. Right now, as Government, we are promoting the growing of maize and even our research and development is focussed on cash crops as if we all depend on cash crops, forgetting to emphasise that more than half our population live in those areas suitable for small grains. If you ask the agricultural extension officers in our areas, they do not even know about small grains. They come and preach about maize which do not fare well. As a result, we now start to think - do we need to focus and put irrigation in places like Beitbridge and Masvingo? I think it is a waste. We need to focus on irrigation for areas where it is needed. Drought areas can survive without irrigation if we move that motion and promote small grain production.
Firstly, small grains are drought resistant. Even if we had severe drought, they wither but when the rains come, they will sprout. That is the advantage but we have since forgotten to do that. People right now do not know about it because we are not promoting it. I think the pricing structure should be reviewed to make it attractive for people to venture into small grain production. When we also look at the research and development which is happening in our country in terms of harvesting, people are leaving the farming of these small grains because it is labour intensive. As a nation, in terms of harvesting and all the other issues related to small grains, we are not doing enough research so that we make it easier for people who are growing small grains to harvest.
This topic which was brought by Hon. Sen. Tongogara is a very important topic to the nation and we need to give it the importance it deserves. She also raised the issue of intercropping. A few weeks ago, we were debating a motion on siltation. When we practice intercropping, one of the advantages is that it prevents soil erosion. We used not to have that problem because our forefathers were practising intercropping. It also prolonged the life of the soils. With those few words Mr. President, I would want the Hon. Senators in here, we are the leaders, when we go to our respective constituencies, to do our programmes, let us engage in programmes that are going to help our people. If we start by promoting small grain production for those that come from those areas, that is something which is going to change the livelihood of the people rather than make them queue the whole day for maize seed and fertilisers that you know within three months the crops will be dry and the people will not benefit anything.
I think if we are going to look at the cost benefit analysis of the Command Agriculture in Regions 4 and 5, it is a waste. However, we do not blame those people that are taking up that command. We have to blame ourselves as Government and as leaders that we are not promoting the right things that are going to change the lives of the people. I thank you Mr. President.
HON. SEN. TONGOGARA: I move that the debate do now
adjourn.
HON. SEN. SHUMBA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Third Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. MBOHWA: I would like to thank you Mr. President
for giving me this opportunity to debate on this very important motion. I would also like to thank Hon. Sen. Chief Chundu who raised this motion in this august Senate and his seconder, Hon. Sen. Chief Chikwaka.
Mr. President, shortage of water due to diminishing dams and
rivers have deprived both human and animals access to the basic commodity, which is water. Water is very important in our day to day lives as we use it for our domestic uses, especially cleaning, drinking, cooking, washing, bathing, et cetera. Also due to siltation, loss of biodiversity due to disappearance of river bodies, that is the river pools which have run dry and wetlands which have also run dry. This has also destroyed the natural beauty of the land. Mr. President, Zimbabwe used to have beautiful scenic views which would attract tourists but all that is gone.
On tourism Mr. President, I would like to bring to your attention the issue of game parks. Due to siltation, our parks are almost empty. Animals have migrated to nearby settlements in search of water and poachers and the communities have taken advantage of these stray animals and kill them. I remember in 2017, I accompanied pupils to Hwange National Park. We were all excited and the pupils were excited but we were surprised when we got there. We only managed to see three elephants, some kudus, and I do not know the other animal that we saw because the school kids were saying “iyo, iyo.” It was just behind a bush, a brownish thing and I could not tell what it was. We were told that it was an eland. That was after one hour drive. Virtually, there was nothing that we saw.
As we were driving in the game park, we came across water points which were almost drying up and you can see how pathetic it is. All this is caused by the land which has been caused by siltation. Imagine how disappointed I was as a teacher who had accompanied pupils and how disappointed the pupils were. I was asking myself, what am I going to tell the parents of these pupils. They had paid $60 for the transport, $5 to enter into the national park, only to see those few animals which are even common in Gokwe North. Those who know Gokwe North, there are also stray animals which have migrated from Chirisa and
Nyaurungwe. There were lots of them that we had left in Gokwe North. For example, we have got stray hyenas, elephants are there in numbers not three, there are zebras, monkies and baboons. “Dai yachingoitwa zvayo national park.” All this has been caused by the dryness of the
land.
We are also losing foreign currency. Tourists used to come and buy jewellery from shells of crabs but those crabs are now diminishing in numbers, which means we are losing a lot, affecting us economically. Tourists would come and do fishing but now there are collected points where they can go and fish. Recreational activities have also been inhibited. I still remember Mr. President when I was young, I was at Mateta. There was a small river called Tondoro and there were many pools in there where we would go after school and swim. We would learn swimming skills like “gege, chamunyurududu” but that is history. If you visit that small river, it is just like it is now a playing ground. I am talking of a small river.
We have big rivers like Sanyati where we used to see people fishing along the river but now it is history. As soon as the rains go,
Sanyati is dry. I ask myself, if this big river which is supposed to feed Lake Kariba is like this, what would Lake Kariba be in 30 years to come? What will the future generations see? That is why this motion is very important because the future generations will never see what we have witnessed ourselves.
As I have said, siltation inhibits fishing. If we take people in
Binga, they survive on fishing as their source of income and even as food. It is their staple food. Imagine if all rivers in Binga get silted, what will happen to those people; disaster. Even fish farming, it is impossible to do fish farming because there are a few ponds that are left for fishing.
Mr. President, coming to agriculture, Zimbabwe used to be the bread basket of Africa but are we still in the same position? No. Our water bodies, I mean the rivers and the dams used to store plenty of water that will be enough for irrigation but now the Government is investing into irrigation, hence losing a lot of money. ZINWA, instead of just filtering readily available water, it even goes to the extent of extracting water from underground, sometimes 200 metres deep. In 30 years, it will be 400m. Is this not expensive for the Government? Last year I think the Government imported rigs because I think they were saying the water tables have gone down so they now needed the rigs which would go 200m deep. So, we are being affected economically. Even the cloud seeding, it is just an expense to the Government due to siltation because these water bodies- rain used to come through natural processes made by God whereby these river bodies would evaporate, make clouds, condens and come down as rainfall but nowadays Government has to complement and it is expensive for the Government just because the rivers are drying up; all water points are drying up.
Remember Mr. President that our country is land locked, if we do not move fast enough, we are going to face something very dangerous in the near future. I would also like to touch on river flooding. Since all rivers are silted, soon after raining, you will find that the river is already flooded and it is a threat to human life, even to the crops like what happened in Kamakuni in Gokwe North where pupils were killed while crossing the river. How many rivers are like Kamakuni? I think we should stop playing a blame game. We should join our hands together, vamwe vanoti iwe neni tine basa padevelopment. I think from my own perspective, the Ministry of Lands and Agriculture should work hand in glove with village heads and traditional leaders and remove those people who are practicing river bank cultivation – [HON. MEMBERS: Hear, hear.] –
I still remember Hon. Sen. Chief Chikwaka saying instead of saying torapa musoro, sometimes we should find out what has caused that headache, it could be that the headache is detecting something which is wrong in the human system. So, the best thing that we should do is to deal with the causes of siltation first then we come to the remedy. Even the Ministry of Local Government should remove all those people who are on wet lands – [HON. MEMBERS: Hear, hear.] – I would also think that Ministry of Environment, Water and Climate, may be through EMA, I do not know its arms, should introduce stiffer penalties for those who willy nilly cut down trees and those who simply burn grass for the sake of burning – [HON. MEMBERS: Hear, hear.] –
Also the Ministry of Lands, that is my own view of thinking through its officers – I think there is a problem in that Ministry – chinhu chinonzi Makwikwi chakauya chativuraya. You will find that these officers are only helping farmers who have joined Makwikwi. If you are not in the Makwikwi, they will not attend to your field. Long ago, there were policemen who used to go field by field, checking whether every field has contour ridges (makandiwa). They used to conserve water and the ground will remain wet. Nowadays no one checks about that and when it rains, rivers just flows and the water flows away. That is why you find that even in agriculture, we are having problems because we are not harnessing that water which we are given by God.
[Time Limit]
Finally, us as Legislators, I think we should also educate the community on why and how it is important to prevent siltation. May be the relevant Ministries should also come in and extract those staying on water bodies, I think we will get somewhere. I thank you Mr. President.
HON. SEN. MOHADI: Thank you Mr. President. I would like to thank Hon. Sen. Chief Chundu for bringing this motion to this august
House. Mr. President, water is life. Without water, both fauna and flora will not exist, So we have to prevent anything that prohibits the existence of water. Siltation has become a threat. Let me give you an example of one of our largest dams in Zimbabwe which is called the Zhove Dam in Beitbridge. When that dam started, the tail of that dam was at 15km away from the dam wall but if you go there today, you will
find that it is all silted.
Funny enough last year, an elephant tried to cross the river at the far end of the dam, that elephant could not cross the river, it was drowned in the muddy area because there was no sand to cross on. When it approached the river, it thought it could cross because it could see the level of the water not knowing that deep down, there was only mud. It had to be killed in that river just because of the siltation. Our dams are silting now and we have no water. The capacity for that dam to hold enough water is no more. All those farmers who are living at the upstream now who used to cultivate along the river cannot do so because they do not have enough water.
Let me allude to what the other speaker has just said; we have to find, first and foremost the root causes of this siltation. We cannot look for remedies before we do not even know what causes siltation. It is not only happening in that dam which is in Beitbridge, I also saw it happening in Mazowe Dam when I visited. It was not pleasing at all; something has to be done immediately.
Mr. President, the sledges that we pull in the areas cause a lot of loosening of the soil as a result when rains fall, they will carry all that loose soil into the rivers and our dams.
Mr. President, overstocking also is a problem; you find that the cattle will end up creating a small road leading to the water point. As a result when the rains come, the water will also follow those small roads created by our livestock. There are so many issues that we can talk about that cause siltation.
Nowadays because of the Climate Change we are experiencing a lot of hailstorms, these hailstorms will pound heavily on the ground and all that water will lead to our reservoirs which are dams and rivers, creating small streams leading to the rivers. At the end of the day there will be a lot of soil erosion.
Another great enemy is the human being. Human beings now searching for food; they are cultivating on the river banks not leaving the recommended measurements expected by extension workers. They cultivate until they get right inside the river. Also, the random cutting down of trees, as a result at the end of the day we have a lot of siltation which is beyond repair. If you look at the repairing of these silting dams it might even cost more than constructing a new dam because scooping the area tends to be very expensive. Then if it is so, what should be done? Really we ought to come up with a plan on how best we can minimize because it has already happened and we cannot completely stop, we have to at least minimize. We have to at least start realizing that our populations are growing and our country does not grow any further and it does not expand; we have to practice soil conservation in any way that we can. We should educate our farmers on the importance of constructing contour regions in our fields in order to minimize siltation.
Mr. President, we should educate our farmers to avoid veld fires.
These fires are just burnt randomly everywhere, it so disheartening. These veld fires leave the ground bare with no trees and grass which can control the movement of water. These veld fires also loosen the top soil, when rain comes it all goes to the rivers and our dams. There should be massive education in order to avoid this. You also find that we have swampy areas which were meant to conserve water but as of now all those areas have become maize fields. I do not know if it caused by hunger or maybe it is lack of knowledge. If it is lack of knowledge, then we have work to do. We have to educate these farmers, maybe they do not know because in 10-20 years to come, we will leave no legacy for our children.
Mr. President, I will conclude by giving you a short story about what happened in another country which I will not mention its name. People in this country had cut all the tress – I am talking about legacy now. So, when the next generations were born they found that there were no trees. However, whenever people wanted to go to the bush toilet, just like what our people do in the countryside, they would walk long distances carrying umbrellas. So, they would use these umbrellas as a shield whilst assisting themselves in the bush toilet. When the young generation noticed this, they wondered on what was happening until they asked why the country had no trees. So, they were told that long ago there were big forests within the country and their forefathers used to cut down trees randomly until there was nothing left. The few parents who were left woke up one morning to find youths who had organised themselves to rebel against their parents. They went to the graves of their forefathers kicking and rebuking at the graves.
The youth asked what legacy the parents had left; since they were told that there were so many trees and yet today there is nothing. So, let us take care so that our graves will not be kicked by our children when we are gone for leaving them in the country that is bare without trees, and dams. They will just be seeing the walls of those dams but without sand and they cannot remove them in any way. I thank you.
HON. SEN. CHIEF CHUNDU: I move that the debate do now
adjourn.
HON. SEN. CHIEF NGEZI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 2019.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET
BOARD
Fourth Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND
CENTRAL PROVINCE ( HON. SEN. MAVHUNGA): I move that
the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 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. SHUMBA: Thank you Hon. Sen. Gumpo for
moving this motion on veld fires which is done by irresponsible people. When I was listening to the previous Speakers, they talked about the devastating effects of these veld fires because it destroys the entire flora and the fauna. I was born in Mberengwa long time back. We did not see these veld fires as frequently as we do now. We only saw these fires in the sacred place such as the Bukwa Hills. The interpretation was that when we see the fires in the Bukwa Mountain, the rains are about to come, but what is happening is really disturbing because we have veld fires all over the place. What is disturbing about the fires is that we are destroying the pastures for our animals both wild and husbandry.
We also know of some animals which have their habitat in these grasslands such as snakes and the birds. I was talking to my grandchildren and I asked them if they knew of an animal called a tortoise. I told them that it is an animal which has a hard shell. Whenever it is approached by an enemy or human being, it would quickly roll to seek for its refuge in its hard shell. These have been destroyed because of the wild veld fires which are caused deliberately by arsonists.
When I look at what is happening, especially in my area in Mberengwa, we say this is the thing which has been westernized and we do not even know the uses of these grasslands and these trees because we knew that when we had these grasses, we had no use for them. In the past, we used to thatch our houses using this grass. Now, because of modernisation, we are using asbestos and zinc sheets, hence we do not see the need for preserving this grass. This is because what is happening now if you thatch a house, it is a sign of poverty and it is a sign of failing to move up with the times. What I have observed is that a thatched house is very cool.
Of late, I have noticed that tourists prefer going to lodges and motels which are thatched. What is happening now is when we continue burning out these veld fires, tourists will end up not coming to Zimbabwe. Like I have said that some animals like the tortoise have disappeared. I am very grateful to our chiefs in Mwenezi because they still uphold their culture. In the periods of high fire risks in August, September and October, they do not want anybody to go and burn anything in those trees. If you burn any Mopani tree, you are in problems because if you do that, you are taken to the court or the village court. If you are convicted, you pay the fine of a beast, a goat, cow or even chicken.
When I move around I feel disappointed and I feel that the traditional leaders in other areas should copy what it happening in my home area in Mwenezi. I used to talk to my fellow Hon. Members and telling them that some of the trees will remain stranded because they cannot grow up because they are burnt through the veld fires every year. My wish is that whosoever is convicted on these veld fires or this arson, they should be incarcerated for a very long time. What happens when these trees and grasses are burnt is that they hold together the soils.
So, what this means is that if they are destroyed and when the rains come, there is soil erosion. This perpetuates soil erosion. In our time, we used to hunt and even poor hunters would be able to catch a hare because when you are moving around within those grass lands, you will find a hare running away and you quickly get hold of it and if you have dogs, they would quickly catch it.
As stated by Hon. Sen. Tongogara in her speech on nutrition and traditional values, when you have had a catch of a hare, if you use it as biltong and cook it using peanut butter, you would enjoy that nutritious food but now we have been deprived of our traditional nutritious meals because of these arsonists, the ill-mannered people who go about burning the natural resources; diabolic people. Veld fires are destructive. We all know that cigarette smokers cause some of the fire by simply throwing out the stub out of moving cars or buses. Some of the people who cause these fires are people who would be looking for mice and some of them will be people harvesting honey. We have also people who will be fighting a neighbouring farmer in the same area saying he is in their traditional land. You will end up blaming people harvesting honey.
I remember in the past we used to have a farmer who fought a war with peasant farmers in the neighbouring farm. When he sees them harvesting termites, he would take the termites and put all the live termites into those peasants inner garments and they would feel the pain. People would then seek for vengeance against this farmer. Sometimes they would go to the people looking for mice and ask them to look for a particular bird called chikwari in Shona, a form of guinea fowl. They used a very long rope dipped into paraffin or petrol, tied that rope dipped into petrol so that they lit the fire and let that bird go wild. The white farmer would be surprised to see his farm burning and would wonder why? It was a way of fixing that person. Even if that white man sees
you moving, he would not know that you have a bird with you. Therefore, farmers live well with your neighbours and there will not be arsonists.
*THE HON. DEPUTY PRESIDENT OF SEANATE: Hon.
Senator, please address the Chair not fellow Senators.
*HON. SEN. SHUMBA: Thank you Mr. President. All I am saying is, you should love your neighbour as you love yourself. You will find that we have destroyed the grass that we need for thatching and we end up using either zinc or asbestos but if we need cool houses, we have to utilise our grass for thatching. Let us eat our traditional foods.
We have animals, snakes and birds that live in the grass, so we must conserve our natural resources. Our livestock will have food. I am saying we even miss snakebites because during our time, you would move aware that you do not agitate those grasses but as of now, people are reckless. We have had some people who are arsonists, who will simply burn the grass because they believe when they do so they will have green grass growing which will be good to cattle feed. What we know is that green grass that grows after burning causes illness to the cattle. I am saying to these people, please stop it. Conserve our natural resources, our grasslands, our flora and fauna because we have these people who do not want to conform to the natural ethos of life, tradition and conservative methods. I am saying chiefs, traditional leaders; please arrest, heavily fine and punish these arsonists. I wish we had enough knowledge and technology of conserving these natural resources.
I remember talking to my colleagues in South Africa. They said they were putting up watch towers so that people quickly raise alarm that there is a fire if there is any smoke coming up from anywhere. I think we should adopt this culture in Zimbabwe that whenever we see fire, it should be everybody’s duty, not someone’s. Peace begins with you, peace begins with me, peace begins with all of us. If we put together our heads in fighting fire, we will conserve our natural resources, flora and fauna.
HON. SEN. GUMBO: I move that the debate be adjourned.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 2019.
MOTION
PROTECTION OF CATTLE AGAINST TICK-BORNE DISEASES
Sixth Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.
Question again proposed.
*HON. SEN. MATIIRIRA: Thank you Mr. President for according me this opportunity to debate the motion raised by Hon. Sen. Chimbudzi. When talking about the control of tick borne diseases on livestock in Zimbabwe, you know these ticks have caused many diseases to our livestock and we have lost cattle. In all the four corners of the country, we have lost many cattle and this has occurred mainly in Regions 4 and 5. As far as you know, according to our culture, our beasts are a source of wealth. So if you have your cattle dying you become bankrupt and impoverished. We know the way these ticks kill the cattle. Some of them cause diseases which make the cattle just drop when you think your herd is healthy. In the future, we will end up suffering from the diseases which we are not aware of. I am saying this because some of us will end up taking these cattle as meat or beef and even sold in butcheries. That way, we will be spreading the diseases.
Mr. President, I am saying let us go back to our traditional ways of living. When we talk of the traditional ways, in the past cattle used to be taken to a communal dip tank and the cattle would dip on different days. For instance, today we are on a Wednesday, we would have a villager who would go announcing that there is going to be a process of dipping cattle but this has since been stopped. Some people have moved to resettlement areas and we have people who are really surviving on animal husbandry. What we know is animal husbandry needs these pastures and water. When we have these two, we will have a lot of cattle which would be a pride to the farmer.
If we have people who have failed to do any farming because cattle have died and they have no draught power, it is not easy for us to do
zero tillage. Zero tillage can be done properly if you have planned for it but if you are forced to do zero tillage because cattle have died you have a problem. That is why we are saying we need to conserve our natural resources so that we have our cattle.
I am saying, may we please go back to the days of the past where we used to have communal dip tanks. Now, the problem we are facing is that these communal dip tanks cannot be operated because people are saying they do not have the chemicals to put in those dip tanks. At the same time, communal farmers are not able to create a fund for buying these chemicals for dip tanks. Of course, we have some people who are now dipping their own cattle using the sprays and not everyone can afford that. Even if you do that in an area as a lone figure, your cattle will get diseases from others in the communal areas.
In a village, if the father dies and the wife is left with many cattle, we know the family is going to live a prosperous, healthy and wealthy life and children will even afford going to school. They become professionals; doctors, teachers, pilots, geologists, metallurgists and everything we may think of. That is why we are saying, let us bring back those good old times whereby we had communal dip tanks. I am calling upon the Government to resuscitate these dip tanks and we need to have these chemicals. If we do not have these communal dip tanks we will continue living in poverty. According to our culture, if you do not have any cattle herd to your name, you are regarded as a poor person. Hon. Sen. Chimbudzi, thank you very much for bringing up this motion because cattle are a sign of wealth. I thank you.
HON. SEN. CHIRONGOMA: Thank you Mr. President for
affording me this opportunity to add my voice on this important motion raised by Hon. Sen. Chimbudzi to control tick borne diseases in Zimbabwe. Mr. President, agriculture is the back bone of Zimbabwe and our economy and livestock is the back bone of agriculture. Livestock plays a pivotal role in the economy, social, cultural functions for Zimbabwean citizens. It ensures people’s livelihood through helping on food supply, transport and land tillage amongst others. Livestock is closely linked with crop production through manure which improves soil structures and are environmentally friendly.
THE HON. DEPUTY PRESIDENT OF SENATE: Order,
order. It is not your maiden speech, is it? The procedure and the orders require that you refer to your notes and not read your notes. So, refer to your notes, use them to refer but do not be captured by your notes.
*HON. SEN. CHIRONGOMA: Thank you Mr. President. I am
talking about this particular disease which is caused by these ticks that has now spread all over the country in such a way that all our herds are destroyed. They will soon be finished off. What we know is that according to our tradition, our cattle are a source of wealth because we use them as draught power and they also supply us with manure which is a substitute for fertiliser. Hence we are saying, let us fight this disease and fight these ticks; we know we will win it. If we are to follow the rules and regulations of this country, the officials from the Veterinary Department were empowered to undertake the process of dipping our cattle because when we dip our cattle, we will be killing these ticks which feed and destroy our cattle. We also notice that these dip tank officials used to take cattle for dipping every week or in a fortnight. Unfortunately, we cannot afford buying the chemicals for these dip tanks and hence I am calling upon the Government to put more funds into sourcing these dip tank chemicals so that cattle can start dipping once again.
In this country, we have dip tanks dotted all over the country and again the other forms of dipping these cattle can be done through spraying. These systems should be resuscitated, both static and mobile dipping processes as a way of controlling ticks. I also know that Government empowered Veterinary officials to ensure that cattle are taken to the dip tanks on a regular basis because what we know is that when all the herds of cattle have died off, there will be poverty. This is because cattle are a symbol of wealth amongst the Africans. We use them as draught power and when paying lobola, we use them for school fees for our children and food. I also encourage farmers not to enjoy just viewing these cattle instead of selling them. I know some people would not sell cattle because they want the numbers but I am saying you can take them to the market. Whatever amount they are bought for is going to be used for the benefit of the family.
Last year, there were 50 000 head of cattle which died because of tick borne diseases and when I was talking to the experts in animal husbandry on the same situation, we were talking about 2019, they said we could lose about 200 000 head of cattle if we do not resuscitate the process of fighting these ticks, by resuscitating deep tanks and I am calling upon Government through the Ministry of Agriculture so that we resuscitate this process and regain our wealth.
In conclusion, in the past, we used to use these cattle for labour; cattle are used in many ways. In the first place, we have relish, secondly we use them as draught power and when we are paying lobola, we also ask for a head of cattle. When we are paying lobola and nobody calls for a head, we will think there is something wrong. We also know that it is during this process of lobola that our mothers also get cattle as a token of appreciation for giving birth to a baby girl. Again we also know that according to our culture, when there is an avenging spirit which is hounding a family, that family has to appease that avenging spirit through paying this head of cattle. With these few words, I am very grateful to Hon. Sen. Chimbudzi for bringing such a pertinent and important motion in this august House.
*HON. SEN. CHIEF NTABENI: Thank you Mr. President. I am
very grateful to Hon. Sen. Chimbudzi for the motion which you raised. I had no intention to debate but I have been motivated by Hon. Sen. Chirongoma. When we are talking of agriculture, let us not only talk of tobacco but we also know that cattle can bring us foreign currency. When we were talking about the budget, nobody talked about supplying chemicals to our dip tanks. So, we need to talk about the importance of cattle. Even people in the urban areas also want to have their meals with beef; they want to have their tea with milk. We also want to sell our cattle but in my area, because of these diseases, our area has been quarantined.
In our culture as Ndebeles, we say a man is respected if he has a head of cattle. If you do not have cattle, we say you are a woman but at the same time, I am saying at this current rate, men have been emasculated because we are not going to sell our cattle because they have been quarantined because of these diseases. Therefore, let us call for the money to be added onto the budget for accessing these chemicals for the dip tanks. I remember discussing this issue with Hon. Sen. Chief Nhema and we talked to the Veterinary officials and they told us that they were not given any money. As of now, we are no match to a small country like Botswana which has all these chemicals yet Zimbabwe is a very big country. Why should we be no match to Botswana? Let us lobby for chemicals for our cattle. Whosoever has the chance to talk to the Minister of Finance, please talk about the chemicals for dipping our cattle. I thank you.
*HON. SEN. CHIEF MAKUMBE: Thank you Mr. President.
Let me add my voice onto the fight against these tick borne diseases. I think you have heard reports saying that in Chief Makumbe’s area in Buhera, cattle were sold for as little as $60. Our dip tanks have not been supplied with any chemicals for the past three years and as far as we are concerned we are putting the blame squarely on Veterinary Department because instead of buying chemicals for our local dip tanks, they prefer selling these chemicals to people in resettlement areas. Also people have moved from one area to another with no restrictions. This is a way of spreading this tick borne disease from one area to another.
My colleague has stated that cattle are a sign of wealth according to our culture and we know if one cattle has been attacked by blue tick, the medicine for treating that cow is $140, which is more than any ordinary farmer can afford. What we also noticed is that we have moved people into these resettlement areas and the people are now moving to these areas willy-nilly and this is spreading these diseases. I am calling for the law enforcement agents to restrict the movement of cattle. Not only that, our farms should be fenced off. May I also propose that when Government is allocating land, they should allocate to people who have the capacity to rear these cattle because what is happening now is we have wild animals like the buffalo which are coming from Gonarezhou into Buhera, such a faraway place but it is happening because we have cattle which are moving willy-nilly because fences have been cut off.
In the past when an ox died, you would not take your cattle away before you cut a piece of the ear or a certain portion to the dip tank so that Veterinary officials would check what has caused the death. Therefore, we need to resuscitate some of these customs because they are there for the benefit of our country. This motion which we are debating is just as good as the one which we were talking about on the conservation of pastureland from veldfires.
We also have some destructive practices such as mining, in particular small scale miners. I am a cousin of the Ndebeles and what we believe in is if you do not have a head of cattle you are not a man of respect, you are just as good as a woman. If you want to purchase something and you do not have cash, you can confidently say I will pay because I have cattle. Our Zimbabwean Dollar has no value but if you have a head of cattle, the monetary value is conserved. I am calling upon the Government to supply enough money for chemicals to be bought for dip tanks. We need to have a Command Livestock Programme which will include the buying of chemicals for fighting ticks. We need to quarantine areas so that we do not have to transfer these diseases because people living in those areas will be fighting since these cattle will be in the same area. Let us really take care of our cattle, they are a source of wealth and they bring foreign currency. We used to manufacture our own shoes through companies like BATA and GD.
Again, in order to be a chief of substance, a chief with respect; when somebody commits a traditional crime in your area of jurisdiction, they pay a fine of a goat or a head of cattle and in that way one would be a Chief of substance. However, when one commits a traditional crime and they simply go to the Chief and say they do not have cattle to pay a fine, then a chief will not benefit anything. Cattle is also used as a dowry for lobola and therefore cattle make you somebody with a name and well respected in the community. So, it is very important to have chemicals for the dip tanks in order to preserve our cattle from diseases.
The law enforcement agency should enforce laws on the movements of cattle because people have taken the law into their own hands hence the spread of these diseases. Are the people who are working on these farms well equipped to take care of these cattle and prevent the spread of diseases? Are the veterinary officials empowered? When we were growing up, there were about five to six cars which were service vehicles for veterinary official to move from one area to the other supervising the dipping of cattle and movement of cattle. As far as I am concerned, to date, I have never seen any car from the Veterinary Department patrolling my area; these people need to be capacitated.
My wish is that we should resuscitate our European Union Foreign Currency chunk which used to come through the sale of beef. We should listen to what is being said in this august House and I will also spread it to my constituency because cattle are a source of foreign currency and it is life. I thank you.
HON. SEN. CHIMBUDZI: I move that the debate do now
adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 2019.
MOTION
REPORT OF THE 139TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Seventh Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union held in Geneva, Switzerland.
Question again proposed.
THE MINISTER OF STATE FOR MASHONALAND CENTRAL PROVINCE (HON. SEN. MAVHUNGA): I move that
the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 7th February, 2019.
On the motion of THE MINISTER OF STATE FOR
MASHONALAND CENTRAL PROVINCE (HON. SEN.
MAVHUNGA) the House adjourned at Twenty Five Minutes past Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 7th February, 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
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: I have a list of apologies from the following Ministers;
- The Minister of Higher and Tertiary Education Science and
Technology Development, Hon. Prof. Murwira, ii. The Deputy Minister of Industry and Commerce, Hon. Modi iii. The Minister of Justice, Legal and Parliamentary Affairs,
Hon. Ziyambi and iv. The Minister of Lands, Agriculture, Water, Climate and Rural
Resettlement, Hon. Sen. Rtd. Air Chief Marshal Shiri.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. ENG. MUDZURI: On a point of order Madam President. I am not sure if the Minister of Finance and Economic
Development is coming. The last time when we were discussing the Finance Bill, one of the Members requested him to present himself last week on Question Time, he did not come, I do not know if he is coming.
We have few questions for the Minister of Finance and Economic Development.
THE HON. PRESIDENT OF SENATE: The Minister of Finance
and Economic Development is not yet in but even if he was in this House, we usually start with Question Time and the other business will come after Question Time.
HON. TIMVEOS: Thank you Madam President. My question is directed to the Deputy Minister of Mines and Mining Development. I want to find out the Ministry’s plans where artisanal miners are killing each other, for example those at Gaika Mine in Kwekwe. What plans do you have as a Ministry to actually curb the killings in order for our people to be safe?
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): Thank you Madam
Speaker. Since the question is specific, I ask the Hon. Senator to put it in writing so that we respond specifically.
*HON. SEN. CHIFAMBA: My question is directed to the Deputy Minister of Defence and War Veterans. There are parents who are worried about their children who are not going to school because there are armed soldiers stationed at their schools and they are now afraid.
Can the soldiers be stationed somewhere besides schools?
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. Let me thank the Hon. Senator for her question. Firstly, unlike the Lancaster House Constitution which was written by representatives of political opinions, the Constitution that we have this time has the participation of all Zimbabweans, including political parties, churches and civic organisations. This Constitution is the one which wrote together that if the police are overwhelmed by a security situation, they are compelled to invite the army which is called military aid to civic power or to police. If you want I can read the Chapter which we wrote together – [HON. SENATORS: Inaudible interjections]-
HON. PRESIDENT OF SENATE: Order, order! Hon. Senators,
you can always put a supplementary question when you have questions.
If you can leave the Hon. Minister to answer!
HON. MATEMADANDA: Madam President, if a person asks a
question it does not require the chorus of all the other people…
HON. PRESIDENT OF SENATE: Hon. Minister, there may be
some disgruntlements but you just have to continue with your answer. It is my duty to make sure that the House is in order –[Hear, hear.]-
HON. MATEMADANDA: if the Constitution has allowed the
police to call in the army, the army does not deploy itself; they are deployed by the police. If at school there are people who are armed and beating people, the soldiers will go and remove those people. If there is any violence which is above the police, the soldiers - regardless of the place, whether it is a hospital or a school, because they do not have a mandate of deployment, it is done by ZRP. Where the ZRP is overwhelmed, that is when they send the army, so in the case that the children are crying; children do not cry because of people who are protecting them but because of people who are abusing them.
HON. SEN. SHOKO: Madam President, we are talking about a
school here, the school does not have thugs. Our understanding is that everything in this country has come to normalcy and the army is still by these schools. If the situation is normal we are kindly asking that look, let us have empathy, certainly the Minister cannot say there are people at schools beating people presently because they should be arrested. All the parties have agreed to say we do not want violence; we do not want any people who disturb others when they are doing business – arrest those people. Why are you still keeping the army when the situation has gone back to normal?
HON. MATEMADANDA: I also want to thank the Hon. Senator
for what he has said but we are talking here of a force that was deployed which unfortunately cannot be commanded from Senate. They have a specific route of instruction, they work under command not under public opinion. Those that determine a situation to be not normal have got to ascertain that indeed the situation is now normal and that is done by experts in that field, not ordinary people. As far as we are concerned what the Hon. Senator is talking about is news that he could have seen in the newspaper. Even myself as the Deputy Minister, I have no official communication, but I have read in the paper and this country unfortunately is not run through newspapers. I thank you
HON. SEN MURONZI: thank you Madam President. I want to
ask the Minister that the people that he has referred to as ordinary people, who are those ordinary people because that is our job?
HON. PRESIDENT OF SENATE: Hon. Senators, if we are
talking of this House there are no ordinary members, whether it is coming from the Minister or Hon. Senators, we are Hon. Members all of us, the back benchers and the Ministers. I think this is where together we talk to each other, ask each other, it is the right of the Senators to ask and it is the right of the Ministers to answer so that everybody is in a position to know what is taking place. So, I think we can proceed, I will not give the Minister to answer that, I have corrected the situation.
HON. SEN. MWONZORA: Madam President, my question goes
to the Hon. Deputy Minister of Defence and War Veterans. In terms of the Section 214, of the Zimbabwean Constitution, whenever armed forces have been deployed for one reason or another, an explanation has to be made to the Parliament by the Executive on why deployment was done, to what extent that deployment was done and whatever happened. My question to you Hon. Minister is we had the army deployed on three major occasion, the first one was November 2017, the second one was the infamous August 1st and the third one was 14 January to now, the deployment of forces. The Constitution says you must explain why to the House of Parliament. So, when are we going to get an explanation as to why this deployment was done, when are we going to interrogate the propriety of that deployment and when are we going to have information about the excesses that happened?
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President and thank you Hon. Sen. Mwonzora for the question. In the same Constitution, it talks about deployment of forces and it is said clearly who deploys and under what circumstances and conditions, and this is the State President. So, I cannot answer for him but for the other deployments that you have talked about, it is common knowledge that there was a Commission of Inquiry instituted by the President to determine what happened and give a report which I think is or was going to be made public to every person. As for when the Executive is going to address this issue, that remains the prerogative of the President. I think the Senate has means and ways of calling the President to explain, which I cannot do here. I thank you.
HON. SEN. TIMVEOS: Thank you Madam President. Soldiers
according to the Constitution, I hear that the President has the mandate.
It seems that the soldiers or those that stole the uniform of the soldiers are raping women and girls instead of doing the job that they were deployed to do. So, when is this going to stop?
HON. MATEMADANDA: Thank you Madam President. Thank
you Hon. Sen. Timveos for a very good question. Unfortunately, it is very difficult to determine when people who commit crime are going to end committing crime. What I can say is that as Government, those people are being hunted down and for any member or person who knows those people that are committing crime, we kindly ask them to report those people to the police so that they are arrested as soon as possible. We are cooperating with anyone with information and those that can even identify. The good about the army is that when a person thinks that it is soldiers who committed this, we have what is known as an identification parade where all of you Hon. Senators can be invited to come and identify those people you know to have committed such crimes. Thank you.
*HON. SEN. CHIFAMBA: Thank you Madam President. My
question is to the Deputy Minister of Defence and War Veterans. We are talking about primary school going children who are afraid of the soldiers who are stationed at their gates. For how long are they going to miss school because they are not learning? We are afraid of the education of the children? We want you to remove those soldiers from the primary schools gates and not secondary.
*THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Hon. Sen.
Chifamba. I am asking the Hon. Sen. if she can furnish us with the name of the school. If it is possible and with your permission and others, I have a car and we can drive to that school right now.
*THE HON. PRESIDENT OF SENATE: Order, can we have
order. Hon. Minister, right now you are still wanted and you still have other questions to answer and so, you cannot leave the House.
HON. SEN. KOMICHI: My question is directed to the Minister of Defence and War Veterans. Is he consciously clear in his mind that they are establishing a military state in Zimbabwe because in November, August and today there are soldiers and there is no single day which has gone by without soldiers on the streets presenting law and order?
*THE HON. PRESIDENT OF SENATE: That question has
been asked and so, we want to avoid repetition because he is going to give the same answer like what he gave. We cannot keep on asking the same question.
*HON. SEN. CHIEF MAKUMBE: My question is directed to
the Minister of Energy and Power Development. We want to thank you for most of us chiefs now have electricity but we are asked to buy our own meters which are going for $250.00. Our dollar has lost value, the meters are now in US$, and it is now US$250.00. Chiefs get $300.00 Bond. We cannot get hold of the US$ but the Government has done a very good thing by bringing electricity to our homes. What is
Government policy for chiefs’ who have ZESA poles in their homesteads but now cannot get electricity into their homes? Can the Minister clarify on that? Since chiefs they work in Zimbabwe they cannot access the US$. What are they going to do so that they have electricity?
*THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. J. M. GUMBO): I want to thank the
Hon. Sen. that chiefs’ homesteads should be electrified and the policy is there. If they cannot pay because their money is not in US$, I think he should pose that question to the Minister of Finance and Economic Development I want them to have electricity connection in their homestead.
*HON. SEN. CHIEF MAKUMBE: The Ministry of Finance
came here and talked about the parity rate, that we are supposed to pay $250.00 from our banks. It is not possible because ZESA has contracted the selling of meters to private organisations and we are chiefs. Is that the way we should live because we were told that it is one to one. With me earning $300.00, how do I get US$250.00? The Minister came and talked about the parity rate. We are your chiefs and that is why we are in this Parliament. What can we do so that we get electricity?
*HON. DR. J. GUMBO: Thank you Madam President. The answer is the same because I do not deal with money. The Minister of Finance and economic Development is the one who deals with that issue. He is the one you should engage and he will show you what he can do with his bonds which are at parity with the US dollar.
HON. SEN. CHIMBUDZI: Thank you Madam President. My
question is directed to the Minister of Public Service, Labour and Social Welfare. What measures has Government put in place to make sure the country has enough food to feed the nation, particularly this 2019 season where we are experiencing the effects of severe drought? I thank you.
THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): I want to thank the Hon. Senator for the question. The Government has just completed in partnership with our donor partners, the ZIMVAC Report. We also met as the Food and Nutrition Council which involves members from Treasury, Ministry of Information, Ministry of Industry and Commerce and in particular, Ministry of Agriculture and Lands. We met last week to study the lean assessment of the current drought situation and the availability of food in the country. What emerged is that the country has enough reserves to feed the whole country evenly in the season. Thank you Madam President.
*HON. SEN. TONGOGARA: My supplementary question is to the Minister of Public Service, Labour and Social Welfare. The maize that is being distributed comes from her Ministry and taken to the rural areas. Are there plans that they work with Members of Parliament and councillors in the area because they are the ones who know the people that are hungry? Are you involving them so that the food gets to the deserving people? I thank you.
*HON. DR. NZENZA: Thank you Madam President. Her
question is very pertinent and it has given me an opportunity to explain how people should receive food. Many times, the MPs and councillors are the ones who tell us the areas where there is hunger. They should work together with the Drought Relief Committee where we have the
District Administrator, Agritex Officer, a Social Worker, those from the NGOs in that area and the chiefs; we do not forget them. This is what we call the group of the Drought Relief Committee. They work together with MPs and councillors. All the same, the social worker is the one who knows the villages that are affected by hunger together with the MPs and councillors. If they work together, it helps us to know where hunger is. I thank you.
*HON. SEN. KOMICHI: Thank you Madam President. My
question is directed to the Minister of Information, Publicity and Broadcasting Services. This country is about 40 years with only one television station. We would like to know whether the Minister has plans to put up private or independent stations so that we experience democracy.
THE MINISTER OF INFORMATION, PUBLICITY AND
BROADCASTING SERVICES (HON. SEN. MUTSVANGWA):
Thank you Madam President. I want to thank Hon. Sen. Komichi for his question. Our Ministry in the second republic is faced with so many reforms and some of them are the opening of airwaves so that we have freedom of expression and freedom of choice so that there is variety for people to watch the television stations of their choice. We would like to establish many television channels so that those who would want to watch sport or educational programmes would do that.
We have talked about the digitalisation programme in this House, that it started in 2015 and it was not completed because of funding. We still have that problem for us to finish that problem. It is important that everyone have access to information in Zimbabwe. If we complete the digitalisation programme, it will give us an opportunity to introduce many channels. We want to put six channels in place so that people choose what they want because some want to watch art, education or sport and others only want to watch news all the time. That is what we are looking forward to do so that we have competition and competition is very good.
*HON. SEN. CHIEF NEMBIRE: Thank you Madam President.
My question is directed to the Minister of Energy, Hon. Dr. Gumbo.
Hon. Minister, we are seeing resurfacing of fuel queues at service stations. What plans do you have so that this will not continue?
*THE MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. DR. J. GUMBO):
I want to thank the Hon. Senator. Yes, it is true that in the past few days from Saturday we started witnessing fuel queues resurfacing. It started when the prices of petrol and diesel had been increased but through social media, there were messages that were sent saying that fuel was going up. That caused panic and people rushed to service stations to hoard fuel and it distorted our cities, Harare, Bulawayo, Gweru and
Mutare. That is when the queues resurfaced in those major towns.
There was a distortion.
We wanted fuel to be delivered to the rural areas because during the shutdown period, the fuel tankers could not go far away places. We had encouraged them to concentrate on the outside areas and that is when people speculated that we wanted to increase the fuel price. I want to assure the House that the fuel is there in the country and I was with His Excellency and the Reserve Bank Governor in the morning. They showed me figures of the funds that they gave to the oil companies so that they buy fuel.
I also want all of us as leaders to know that if you see a service station looking as if they are in trouble, that is caused by the owner of the service station. Probably, they are not banking their money, that is why they are facing these challenges but now, these big companies like Puma have long queues. This is because when prices changed, they had sold many coupons to people. We encouraged them to honour initial prices because others were now revaluing the coupons. Puma and Redan are the ones who are in trouble because they have a backlog of the coupons and people want to finish those coupons so that they will engage new businesses. So, we should not be afraid because fuel is there in the country. I was shown the money and also we have money which has been channeled out by our RBZ Governor that for 24 months, our companies will be getting fuel. I can tell you that we were getting our fuel, about 7.5 million litres which was being used but right now, because of the prices, the fuel that we are getting from Msasa and Mabvuku, we are receiving about 9.6 million litres per day which is getting into the country. However, for it to go throughout the country, it is still a challenge, together with those coupons which were channeled out by those companies. That is where the challenge is.
HON. SEN. TSOMONDO: Thank you Madam President. I
wanted to ask a question but I have noticed that the Minister and the Leader of the House are not in, so I will ask next week.
HON. SEN. MAVETERA: Thank you Madam President. My
question is directed to the Deputy Minister of Defence and War
Veterans. We have heard reports or allegations that the armory of the Army was raided and arms and uniforms taken. That is very scary for us as a people. We want the Minister to tell us the magnitude of that, where it happened and ensure the nation that we are satisfied that our armory is in good hands because we can end up like another Somali where everyone has a gun in his house. So, I think this is a serious issue which the Minister has to answer. Thank you.
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. I want to thank the Hon. Senator for a surprise question because I do not have information of an armory having been broken into. I would kindly ask that the Hon. Senator puts the question in writing so that we investigate and see where the armory is located which was broken into. Madam President, an armory is not situated at the periphery of a cantonment area. Thank you.
THE HON. PRESIDENT OF SENATE: You asked the Hon.
Member to put the question in written form but I think it is okay that now you know something is happening.
+HON. SEN. NCUBE: Thank you Madam President. I am
requesting the Minister to answer the question. It is said that some people stole soldiers’ uniforms. These were the people who were raping, shooting at people, torturing and beating up people. We are talking about a Herald report. May the Minister make a report on this so that people can hear from ZBC? I thank you.
+HON. MATEMADANDA: I thank you Madam President. I
also thank the Hon. Senator for saying that. Unfortunately, as I said before, I cannot get instructions or information of running the Ministry from the media. Also, I am not the Minister of Information. That can be best answered by the information people because they are the ones who wrote it. They know where it happened and who did that. As a Ministry, we do not work as guided by the newspapers. We work on standards, operations and procedures. I thank you.
*HON. P. NDLOVU: Madam President, my question is directed to the Minister of Defence and War Veterans. I cannot leave this place without asking him. We have war veterans where the youngest are 56 years and above. Our budget for war veterans says we are supposed to engage in projects. Can I engage in a project at my age to feed chickens or cattle because there is no water and there is no land? My question is why cannot you give us the money? Where is the money? Who is going to be given the money so that they will give us because here there are bogus war veterans?
*THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. I want to thank the Hon. Senator for asking me such a serious question. If she is referring to bogus war veterans, I think we should start re-vetting from her because she is the one who knows about the bogus ones. Her question has to do with war veterans. To say bogus or 56 years when it comes to the qualifications of a war veteran, we do not have age limit because that is hers. There is standard information which we ask for. Probably she has forgotten, the money she is referring to for projects, maybe she heard us talking on radio and television that we want people to be trained on how to run projects. The other way of running a project is to look for a person who has knowledge whom she can employ and then she oversees that. It is very painful Madam President that a person who is an Hon. Member, though back home they are referred to as girls; for her to say that she cannot run a project when she fought for this country to put it into prosperity is saying that we are now done and we should leave it to others. I do not think when they were taught about production, their age or level of education was ever considered. If there is an age limit, we would plead that she be trained.
If she cannot, then she can even put her children in her place.
The money she has referred to is money for projects. It is different from retirement. If she says she cannot run a project, the money that she is saying let us give her, it means she does not qualify because this is just a loan, it is a revolving fund. If it is money that she will return, it is like a loan, so if she says she cannot do projects, it means she is worsening our burden because we are looking for people who are business minded. Maybe she wants to talk about pension not projects because if it is a project, it is a loan. That is why we are saying people should be trained so that they can return the money.
*HON. SEN. CHINAKE: Thank you Madam President for the
issue we are hearing here. Where we come from, the war veterans are living in a sorry state. I think the pension that you are giving them is very little. I do not know the plans that you have for them to live well.
The war veterans who are sitting pretty, I think it is only you, His
Excellency the President and Madam President but the rest of war veterans are in trouble because if you see them being belittled by people who are engaged in work, it is very sad.
THE HON. PRESIDENT OF SENATE: I would allow this
question to be responded to so that we help other war veterans but it is not a supplementary question.
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. I want to thank the Hon. Senator for his contribution. My plea is that the way he is taking it, his view, I think should be seen by all Zimbabweans because this group of people is very important. It is now up to us as a nation. We should work hard to grow our economy and reward these people according to the Constitution. Starting from the Constitution, they are referred to in the Constitution. What is left is for us to fulfill what we agreed on in the Constitution. We need to put our heads together, even where we come from- even today, there are people who when they hear of war veterans or collaborators welfare, they will say that our economy is dead because of them. We want to teach the people that these people are very important. Once again, I want to thank the Hon. Senator for his contribution. I think that spirit should spread and also where you work or where you come from, even in your constituencies, I think we should come up with ways to help the war veterans in many ways that we can.
*HON. SEN. ZIVIRA: Thank you Madam President. My
question is directed to the Minister Public Service, Labour and Social Welfare. Why are you not increasing the salaries of teachers so that they teach pupils? Children are no longer going to school because the teachers are not teaching because they are earning low salaries. I think you should increase the salaries of teachers so that they teach the children.
*THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): Thank you Madam
President. Her question is very pertinent but what is really troubling us is our economy. You will find that from January to March, 2019, the President gave civil servants a cushioning allowance from Deputy Director to Director, who were given 5%. If a teacher who is the lowest salary was given 22.7%, that is a cushioning allowance.
Right now we are in the negotiations, we are still engaging with the Apex Council, with the National Joint Negotiation Council standing in for the Teachers’ Unions. There is $300 million which is being given to civil servants, including teachers, so that they can earn something meaningful. We are still negotiating. The teachers have not refused that money, they are still thinking on whether they would accept it or not.
HON. SEN. DUBE: My question is directed to the Minister of
Public Service, Labour and Social Welfare. Minister what is Government policy regarding the abuse of young children in demonstrations, looting and damaging people’s property?
THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): The Government policy
is governed by the Children’s Act. The Children’s Act protects the rights of children across Zimbabwe. That Act is also in alignment with international standards on the protection of children. As a country we regret very much the abuse of children during violent demonstrations and that should not be acceptable within Zimbabwe.
HON. SEN. SINAMPANDE: Thank you Madam President. My
question is directed to the Deputy Minister of Transport and Infrastructural Development. When are perimeter fences going to be erected along the Victoria Falls –Bulawayo Road? This issue has been brought to this august House several times but nothing happened.
THE DEPUTY MINISTER OF TRANSPORT AND INFRSTREUCTURAL DEVELOPMENT (HON. CHASI) Thank
you Madam President. Thank you Hon. Senator. This is an ongoing programme being carried out by the Zimbabwe Traffic Safety Council, we have a resource constraint. We have done some sections of roads but we have not as yet addressed the particular section of the road that the Hon. Member has spoken about, but we are considering roads in the Matabeleland area of the country, given the fact that that is where we have most of our cattle. In particular we are really concerned about the area the Hon. Senator has referred to, given the fact that we have got animals in that particular area. It is an area of concern to us because we want to protect not only the animals, but also because we know that they get on to the highway and they contribute to traffic accidents.
HON. SEN. B. MPOFU: Along the Bulawayo Beitbridge Road,
there is a fence that is being put between West Nicholson and Beitbridge. They are using wood poles and most of them are already following whether it is being caused by termites or whatever it is, what guarantees do we have that the fences being put in those areas have got a long term guarantee so that the Government does not pay for something for something that is going to last for only two years.
HON. CHASI: Thank you Mr. President. I will have to investigate and find out precisely what have happened on that particular section of the road, it is a very specific question. However, I want to thank the Hon. Senator for bringing that to my attention. I thank you.
HON. SEN. NYATHI: My question is directed to the Minister of Defence and War Veterans. I have heard the Minister talking about living war veterans, there are some who are deceased who left children and wives and they are in problems. What do we have for orphans and the spouses of the deceased war vets?
THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Hon. Deputy
President of the Senate. I also want to thank the Hon. Senator for the question. However, may I emphasise that classification of war veterans is divided into war veterans who died before vetting and those that died after being vetted. For those who died before being vetted it is common cause that it is either that they were on the ZIPRA side or on the ZANLA side, information is gathered and a way of declaring first heroes is done. Once they are declared then all other processes follow but for those who died after having been vetted, it is just a case of transferring the recipient of benefits from the deceased to the surviving spouse. If both the husband and wife are no more, then that is transferred in terms of the Pensions Act to the children but all laws pertaining to pensions apply. So, there might also be questions that at some stage, maybe the pensions were not being paid or had been reduced, that is a Pensions Office issue. However, what we do administratively is to transfer the beneficiary from the deceased to the surviving. I thank you.
Questions without Notice were interrupted by THE HON.
DEPUTY PRESIDENT in terms of Standing Order No. 62.
HON. SEN. SHOKO: Mr. President, I have stood up to move that we extend time with ten minutes.
HON. SEN. TIMVEOS: I second.
Motion put and agreed to.
HON. SHOKO: My question is directed to the Minister of Public
Service, Labour and Social Welfare. Minister, NSSA – the money for NSSA now is $80.00, when are you envisaging to increase the pension bonus that we get? A lot of us here, I can see all of these people are NSSA. May we please have time lines because it helps to go and explain outside to the NSSA pensioners?
THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): You have asked a very pertinent question because it touches on a lot of people who are subscribed to NSSA. In the morning we had a meeting on this issue with the NSSA managers so that we review the pensions from $80.00, if possible to $100.00. So, as of now I do not have a figure, so I will give a time frame of 30 days. If the 30 days lapse without me giving an answer, you are free to ask me again but I know it will not get to 30 days.
HON. SEN. MAKONI: Thank you Mr. President. My question is
directed to the Minister of Labour and Social Welfare; I want to firstly thank her for giving food to our old ladies in the rural areas. However, there is a challenge which I came across last week that some do not even have clothes so even if they are getting food, is there anything that you can do so that they get clothes? Thank you.
*THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): I want to thank Hon.
Sen. Makone for her question. It is very true she has said that our elderly do not have clothes and food. So, the Department of Social Welfare works with social workers. Today we are looking at basic needs of our elders. We have seen that we cannot only end on food but we should also look at clothing. Still on clothes, we are also appealing to Treasury that they should increase our vote so that we can give our elders clothes to wear. Thank you.
*HON. SEN. MOEKETSI: Thank you Mr. President. My
question is directed to the Deputy Minister of Mines and Mining
Development. What plans do you have in place for mine workers like Elvington Mine, Sabi and some of them have been closed. Right now, there are rumours that these mines which have been closed are being sold to others. My question is what is your policy concerning those people because the mines were closed and they did not get any compensation, but when people are selling the mine, it means that those who are buying are coming with their workers. Where are you going to place these people who were the workers there? Up to now, they do not have anything. Thank you.
*THE DEPUTY MINISTER OF MINES AND MINING DEVELOPMENT (HON. KAMBAMURA): Thank you Mr.
President. I want to thank the Hon. Sen. Moeketsi for her question. I think the mines that she is referring to are ZMDC. Let me correct her that the mines are not for sale but, we are looking for partnerships with Government so that we get something which will help the country. On the issue of workers, may we know the names of the mines so that I can go and do my investigations on ZMDC, give a full report, and so that we know the arrears. We are encouraging those who will be coming in that they should not come with their workers. We use those that are there.
They will be given first priority for them to work. Thank you.
*HON. SEN. MOEKETSI: Elvington Mine has workers who
have been there for seven years without getting any salary to the time of retrenchment. I am one who has a husband who used to work at that mine. He is seated right now and I am afraid Hon. Minister when you ask me to give you the names of the Mines. Thank you.
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. KAMBAMURA): Mr. President Sir, I think
the answer is the same that we will go back to ZMDC...
THE HON. DEPUTY PRESIDENT OF SENATE: Hon.
Sen.Moeketsi that is actually a very specific question. It is not a question on policy. It is only fair for you to put that question in writing so that the Minister can go back and do research and do justice to your question. I recommend that you put your question in writing and the Minister will come with a researched and well answered question.
*HON. SEN. CHIEF CHIKWAKA: Thank you Mr. President.
My question is directed to the Minister of Public Service, Labour and Social Welfare. What plans are in place for students who keep in class but they are mentally retarded? What is Government policy on this issue that if teachers are mentally challenged, they should not be kept in schools?
*THE MINISTER OF PUBLIC SERVICE, LABOUR AND
SOCIAL WELFARE (HON. DR. NZENZA): Thank you Sen. Chief Chikwaka. On our policy, it looks at teachers who are healthy and who are mentally stable so that they will be able to teach. Besides that, if he knows of a teacher who is mentally challenged and is continuing to teach, I think he should help us by putting his question in writing so that we would investigate.
HON. SEN. S. MPOFU: Thank you Mr. President. My question is
directed to the Deputy Minister of Transport and Infrastructural Development. What is Government policy on monitoring the perimeter fence that has been elected along our highways, especially the Gweru/Bulawayo highway? I have noted with concern that the fence is now being vandalised, who looks after that fence? Thank you.
THE DEPUTY MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. CHASI): Thank
you Mr. President. The question of perimeter fencing is a matter of deep concern to us. Government is making every effort to ensure that we reerect the fence that was there many years ago. As the Hon. Sen. is saying, unfortunately our people are in the habit of removing the same fence which is meant to protect the public from the animals that are continuously straying onto the highway and taking many lives regrettably.
It is not possible for Government to have individuals at every metre of the perimeter fence and one can only appeal to Hon. Senators here present to please desist from the sad practice that is continuously going on. We have heard in this House today the plea that is being made that we must erect this perimeter fence and we are hearing a plea again from the Hon. Sen. that we must monitor. It is not physically possible that we can do this.
So, I would like to appeal to the Hon. Senators that when they go back to their constituencies, would they please address this matter with their constituents that they should desist from removing the fence. What we are trying to do now is get types of fencing that is not for any use to members of the public and which is readily identifiable. In other words, barbed wire which is normally used by the public, we will try and move away from that and use other types of fencing which is going to be a great expense, but it is not physically possible for us to monitor the fencing that we are erecting at the moment. So, we would like to appeal to the Zimbabwean public to please desist from the practice of stealing the fence.
*HON. SEN. S. MPOFU: Thank you Mr. President. My supplementary question to what the Hon. Minister said is that on the roads we are now seeing people collecting rubbish along the roads and those people are from ZINARA. Why do we not ask the company that is constructing the fences to have an agreement with ZINARA so that the people that are collecting rubbish can monitor the fences? If they are stolen they can quickly report.
HON. CHASI: Thank you very much Mr. President. We will consider that but if you look at Bulawayo/Harare highway, it is 430 kilometres. It is certainly not a workable alternative the way we look at it. I think we have to look at other alternatives.
Oral Answers to Questions Without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of
Standing Order No. 62.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
IMPROVEMENT OF MOBILE NETWORK CONNECTIVITY IN
RURAL AREAS
- HON. SEN. CHIEF CHUNDU asked the Minister of Information Communication Technology and Courier Services to state measures being taken to improve mobile network connectivity in rural areas and whether there are any plans to licence more mobile network operators.
THE MINISTER OF INFORMATION COMMUNICATION
TECHNOLOGY AND COURIER SERVICES (HON. KAZEMBE):
Thank you Mr. President. Due to a number of reasons which I shall elaborate on, I wish to advise the House that POTRAZ has no plans to licence more mobile operators. Allow me at the outset to underline that in discharging its mandate on licensing, POTRAZ is guided by the ICT Policy that would be in force at the relevant time and is bound by the laws of the country. While yesteryear the lines delineating one service from another were absolute and distinct, the same no longer holds as convergence has set in across all service-provision value chains. For example, when mobile network operators came into existence in Zimbabwe, they were providing mobile voice services and very limited or no data services at all. However, with the evolution of technology, mobile platforms can now support enhanced data speeds resulting in mobile operators encroaching into a territory that hitherto was designated for fixed network operators and internet access providers. On the flip side, internet access providers are now capable of offering mobile voice services which encroach into a domain previously reserved for mobile network operators. That phenomenon is what is called convergence. Convergence has made it necessary for Zimbabwe to review its licensing framework in order to preserve the competitiveness of the ICT infrastructure and service markets.
The current ICT Policy of 2016 has embraced convergence and provides for a licensing framework that allows effective and efficient operation within the telecommunication sector. One major change that is introduced through the policy is the dismantling of technology and service based silos. The new licensing framework will remove the distinctions between fixed and mobile networks, thus allowing operators to fully utilise the potential of the technology platforms without being restricted by licensing conditions. The new converged licensing framework will result in licences that are service and technology neutral. In order to introduce the new converged licensing framework regulations are needed and I am happy to advise this august House that draft regulations are now at the AG’s office and promulgation is expected soon.
Based on the new regulations, POTRAZ would then issue service and technology neutral licences. Under the new framework, mobile virtual network operators licences would be issued. Internet access providers would be allowed mobility and fixed networks would offer mobility. That in summary is how POTRAZ intends to bring in new players and new paradigm in the electronic communications sector in
Zimbabwe. I thank you Mr. President.
Oral Answers to Questions With Notice were interrupted by THE HON. DEPUTY PRESIDENT OF SENATE in terms of Standing
Order No. 62.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
First Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing small grains.
Question again proposed.
HON. SEN. TIMVEOS: Thank you Mr. President for affording me this opportunity to add my voice. I want to thank Hon. Sen. Tongogara for moving this motion and Hon. Sen. Chimbudzi for seconding. Mr. President, this motion is very important. I heard a lot of debate when this motion started and I want to also add my voice saying small grains are very important. Our farmers should be encouraged to grow them.
Mr. President, I have and I am sure in the last Parliament, I informed this House that I had cancer. I have done a lot of research and a lot of work to find out what exactly the problem is. Seventy-five percent of the world’s diseases come from food. Our food is now chemically made and GMOs are important. Everything is sprayed which brings a lot of cancers, high blood pressure, diabetes and all that. The way our small grains are done, there is no need to spray. So, I want to encourage Government, chiefs and everyone who has anything to do with development of this country to encourage every farmer and every homestead to have these small grains. They are important for us, they are important for our nation and they are good to use.
A lot of people think that having mealie-meal that is made from wheat or other small grains, especially people in the rural areas think if they eat these, maybe it means they are poor or something. However, if you look at people who live in towns and those that live in rural areas, actually people who live in the rural areas are healthier than us. They are full of energy, they wake up every morning doing their chores but when it comes to us, it is a lot problem to actually do anything at all. This is because of the food that we eat. It starts with us; there was a challenge here I think on Tuesday. Eating healthy starts with us.
Small grains are healthy. If you look at bodies of many people, they are small compared to me. These days I eat chips and all these things. You can actually tell this is a healthy person and this person is not healthy.
I really want to thank Hon. Sen. Tongogara for moving this motion. We must support it fully as a House. Let us teach our people and encourage them to plant small grains. The Government must make sure that farmers that are planting these small grains are paid as well. For somebody to work, you have to be encouraged and rewarded for what you have planted. Therefore, we would want to also encourage Government to put aside a bit of money and encourage our farmers to plant and grow these small grains because they are important to us. I just thought it was important for me to add my voice to this motion. I thank you Mr. President.
+HON. SEN. CHIEF MTSHANE KHUMALO: I thank you
Mr. President for the time that you have given me to add my voice to this motion which was moved by Hon. Sen. Tongogara and seconded by Hon. Sen. Chimbudzi. She realised that small grains such as rapoko and others are not being grown. It is true Mr. President, because this year it looks as if we have another drought. If you go to the rural areas, you find that people in Regions 3, 4 and 5, most of them have planted maize and they are now wilting. If they had planted small grains, they would have survived. It is quite clear that our job here in the august House together with other leaders like councillors and village heads is to conscientise our people to go back and grow small grains which will give them food even in dry seasons like this year.
I do not want to repeat what has been said. I would like to say it is our responsibility here is as leaders that we should conscientise
Government to conduct adequate research on small grains so that people have that urge to grow these small grains, particularly when there is climate change. With these few words Mr. President, I thank you.
HON. SEN. TONGOGARA: Mr. President, I move that the debate do now adjourn.
HON. SEN. HUNGWE: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 12th February, 2019.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. MAKONE, the Senate adjourned at Seven Minutes past Four o’clock p.m. until Tuesday, 12th February, 2019.
PARLIAMENT OF ZIMBABWE
Tuesday12th February, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
*THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. PROF. MAVIMA): Madam President, I move
that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday 13th February, 2019.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN
RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 2017
HON. SEN CHIDAWU: I move the motion standing in my name that this House takes note of the First Report of the Thematic Committee on Human Rights on the Zimbabwe Human Rights Annual Report for the year ended December, 2017.
HON SEN. CHIEF NYANGAZONKE: I second.
HON. SEN CHIDAWU: Introduction
The Zimbabwe Human Rights Commission is established in terms of Section 242 of the Constitution. Its functions include promoting awareness and respect for human rights and freedoms at all levels of society; promoting the protection, development and attainment of human rights and freedoms; monitoring, assessing and ensuring observance of human rights and freedoms; and receiving and considering complaints from the public and taking action with regard to the complaints it receives.
Pursuant to Section 8 (1) and (3) of the Zimbabwe Human Rights
Commission Act, which provides that;
(1) The Commission shall, no later than sixty days after the end of each financial year, submit to the Minister, an annual report on its operations and activities during the preceding financial year. (3) The Minister shall table before Parliament any report submitted to him or her by the Commission under subsections (1) and (2), no later than the thirtieth sitting day of whichever House of Parliament sits first after he or she has received such report.
The Minister of Justice, Legal and Parliamentary Affairs tabled the annual report of the Commission in the National Assembly in November
2018 and the Speaker subsequently referred the report to the Thematic
Committee on Human Rights. Therefore, the Committee on Human
Rights resolved to consider the annual report in accordance with Section
245 (1) (c) which stipulates that Independent Commissions …. “are accountable to Parliament for the efficient performance of their functions”
2.0 Objectives of the consideration of the Annual Report
The broad objective of the consideration of the annual report was to enable Committee Members to fully examine the performance of the
Commission’s mandate. In more specific terms, the Committee sought
to;-
- Understand the operations of the Zimbabwe Human Rights Commission with a view to assessing its effectiveness in the discharge of its functions; and ii.Appreciate the challenges and achievements of the Commission and make recommendations to the Executive aimed at the protection, promotion and enforcement of Human Rights and fundamental freedoms.
3.0 Methodology
The Committee acquainted itself with the contents of the annual report of the Human Rights Commission to get an understanding of the mandate and operations of the Commission. The Committee analysed the report to assess compliance of the Commission with the legal and constitutional provisions in terms of reporting and efficiency.
4.0 Committee’s Findings
4.1 Compliance with the Constitution of Zimbabwe
The Committee noted that, in 2017, the Commission, through its
Education Promotion and Research Unit, has derogated from Section
243 (1) (i) which states that; “The Zimbabwe Human Rights
Commission has the following functions-…to recommend to Parliament effective measures to promote human Rights and freedoms;” Recommendations to Parliament are pursued as evidenced by the adoption of one recommendation made by the Zimbabwe Human Rights Commission to Parliament relating to the resuscitation of the operations of the Special Board and the Mental Health Tribunal which make and review orders about the treatment and care of persons with mental illness.
4.2 Compliance with the Zimbabwe Human Rights
Commission Act [Chapter 10:30]
The Committee has noted the Commission’s compliance with the dictates of the act that regulates its operations. The annual report outlined that the Commission acted within the confines of the Act. The Committee has also observed that the Commission complies with the following; its submissions of annual report and tabling in Parliament, it has not overstepped its jurisdiction when conducting investigations on human rights violations, it stuck to the general manner in which complaints to the Commissions were made and the manner of conducting investigations, and it had no cases of conflict of interest.
However, the Committee noted the Commission’s omission
regarding the submission of special reports to the Minister for presentation to the President and laying before Parliament in accordance with Section 14 (4) which stipulates that;
If within a reasonable time after a report is made in terms of subsection (1), no action is taken which, in the opinion of the Commission, is adequate and appropriate, the Commission may, if it thinks fit after considering the comments, if any, made by or on behalf of any authority or person affected, submit a special report on the case to the Minister for the Minister to present to the President and lay before Parliament.
The Committee has learned that the Immigrations Department,
Zimbabwe Prisons Services and the Ministry of Home Affairs did not comply with the Commission’s recommendations as provided in Section 14 (3) of the Act to give effect to its recommendations. However, there was no special report relating to the improvements in conditions of detention in compliance with national, regional and international standards to improve the financial resources so that the detention centers function above the optimal standards of operation.
4.3 Overview of the Human Rights Situation
The Committee noted that 2017 was marred with rampant corruption in Government Ministries and departments, Parastatals, Public Entities as well as the Private Sector that crippled service delivery across the key sectors of the economy. It seriously compromised the protection and fulfillment of human rights especially of ordinary
Zimbabweans. This was worsened by the Zimbabwe Republic Police (ZRP) that completely violated the rights of the motoring public and tourists through extortion with impunity. The ZRP’s disposition towards corruption and arrogance towards the Zimbabwe Human Rights Commission impacted negatively towards destination image management.
The Committee also noted negative impact of flooding in
Tsholotsho District in 2017 as a result of climate change and variability.
It is the Committee’s hopes that the Meteorological
Services Department, in collaboration with universities and development partners, develop state of the art science and technology based information dissemination, flood mapping and monitoring systems.
The Committee bemoaned the poor waste management practices and service delivery in urban local authorities. The Commission’s report outlined its effort to influence political and electoral reforms to ensure the levelling of the playing field for the delivery of free and fair elections. It also advocated for the extension of the Biometric Voter
Registration exercise to prisoners and people in the diaspora.
4.4 Promotion of Human Rights
The Commission received a total of 514 complaint cases but only 178 cases were in the human rights category relating to civil and political rights, property rights, right to food and water, equality and non-discrimination, children’s rights, arbitrary evictions and labour rights. The small number of complaint cases is indicative of the lack of awareness of the existence and mandate of the Commission by the generality of Zimbabwean citizens.
The Committee noted a paltry 128 complaints lodged by women on human rights violation when they are more vulnerable and susceptible to abuse and violation than men. The Committee also noted the few complaints in the eight rural provinces of Zimbabwe. It welcomed the recommendation made by the Commission to decentralise to all provinces to ensure easier accessibility to its services by members of the public. The Committee noted that the Commission had 204 pending cases and that there is poor attendance to the mobile clinics conducted in 2017. The Commission reported that it had embarked on a process to install an automated case management system to improve the organisation’s turn-around time when dealing with cases.
The Commission reported the absence of a clear policy position on the fate of former farm workers once the farm has been allocated to new owners. The Commission observed that compensation to the affected families had not been prioritised in violation of numerous rights as stated in the Declaration of Rights. The Commission detected that the courts, when passing judgements, do not consider all the relevant circumstances that safeguard against arbitrary evictions leaving farm workers and their families at risk.
4.5 Monitoring of Human Rights
The Commission reported that the minimum human rights standards for the prisons were not met in terms of the state of the cells and infrastructure. It also reported that the prohibited immigrants are housed in prisons because there are no detention facilities for them. This means that they were subjected to prison conditions when they had not committed criminal offences.
The Commission observed that all children’s homes had a common challenge regarding the enjoyment of the right to identity and birth registration as provided for in the Constitution of Zimbabwe. The Committee reiterates that the then Minister of Public Service, Labour and Social Welfare did not present a Ministerial Statement in Parliament on proposed measures to regularise the procurement of birth certificates by children who had no known relatives.
The Commission reported that Older People’s Homes relied heavily on donor funding in order to operate. As a result, it became a challenge to meet the minimum standards as provided for in
International Instruments such as the United Nations Principles for Older Persons Resolution 46/91 and the Madrid International Plan of Action on Ageing. Therefore, adequate funding should be provided by the Government so that the nation strives towards attaining the minimum standards provided for in international instruments.
The Committee observed the hindrance in meeting the minimum human rights standard for the asylum seekers and refugees when it came to the issue of the right to work and the freedom of movement because of the encampment policy that Zimbabwe adopted. However, it was submitted that the State is obliged to uphold obligations in the
African Charter on Human and People’s Rights, International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and political Rights which protect the freedom of movement, right to work, provision of social security and public relief to that group of people.
The Commission reported the distribution of food aid on political lines and the meddling of traditional leaders in political party activities as well as threats and intimidation of communities by political parties. The Commission also reported the system of recording of serial numbers on registration slips by some registrants. The Committee agreed with the
Commission’s recommendation to ZEC to ensure that all BVR centres cater for people with disabilities in terms of convenience.
The Commission observed that Zimbabwe has only one of the six international instruments that the State is Party to, that is, the Convention on the Rights of the Child, had up to date State Party reports. The Commission alluded to the absence of a fulltime team responsible for compiling the State Party reports.
The Commission reported that it did not take part in submission of its complimentary reports to the treaty bodies citing constraints in financial and human resources. The Committee noted the granting of the Commission of an Affiliate Status by the African Commission on
Human and People’s Rights in May 2017. The Committee looks forward to the Commission’s fulfilment of its reporting obligation every two years.
The Committee also noted the Commission’s accreditation with an
“A” Status rating by the Global Alliance for National Human Rights Institutions (GANHRI). Thus, the ZHRC can participate fully in international and regional meetings, holding office and exercising voting rights on all the agenda items of GANHRIs’ meetings.
4.6 Promotion of Human Rights
The Committee observed the low levels of participation by the public on the Commission’s Commemorations and public awareness outreaches. The Committee noted that the Commission did not include legislators through the relevant Thematic and Portfolio
Committees in its engagement meetings, to promote awareness and respect for human rights and freedoms. The Commission underestimates the influence of legislators in raising awareness and gaining public confidence and legitimacy.
The Committee noted the establishment of the eight Thematic
Working Groups, in terms of the Zimbabwe Human Rights Act as read with paragraph 7 of the First Schedule to the Act, in order to take responsibility for specialised thematic issues they focus on. However, the Committee noted with concern, the lack of meaningful impact of the Thematic Working Groups that is tangible. The Commission attributes this failure to the absence of a fully functional secretariat, limited funding and lack of cooperation by some members.
5.0 Recommendations
Informed by these pertinent observations, the Committee noted and agreed with all the recommendations made by the Commission to the relevant Ministries. Nevertheless, the Committee recommends the following;
5.1 The Zimbabwe Human Rights Commission must timeously recommend to Parliament effective measures to promote human Rights and freedoms.
5.2 The ZHRC should regularly submit to Parliament special reports on cases where no action was taken relating to the authority or person affected.
5.3 The State, when effecting evictions, must ensure the evictees possess a degree of security of tenure to guarantee legal protection against forced eviction, harassment and other threats.
5.4 The ZHRC must include in its annual report any action pursued in any court of competent jurisdiction for the redress of any human rights violation.
5.5 The ZHRC’s recommendations to relevant institutions and persons should have a legal force to compel entities to act on them.
5.6 The State must, as a matter of urgency, reconsider its reservations to the UN Refugee Convention so that the refugees and asylum seekers in the country can enjoy increased rights.
5.7 The ZHRC should make systematic monitoring and observation of election processes to expose and weed out such malpractices.
7.0 Conclusion
With the above submissions, Madam President of the Senate, I now commend this report for consideration by this august House.
I thank you.
*HON. SEN. CHINAKE: Thank you Madam President. Last year
you referred to me as Chief but I see you have withdrawn that title.
*THE HON. PRESIDENT OF SENATE: If you want to be a
Chief then take a seat where the Chiefs are.
*HON. SEN. CHINAKE: Thank you Madam President,
tomorrow I will join the Chiefs. I want to thank you for giving me this opportunity to talk about human rights in Zimbabwe. I want to thank the Chairperson who wrote this very good report. As Zimbabweans, we have a lot of challenges concerning the rights of our citizens. Firstly, there are children who are being victimised or their rights are being violated in school because the parents have not paid fees. We put in place a policy to say that children should not suffer because their parents have not paid fees because this is a violation of their rights.
Secondly, I appreciate the roles of wives in marriages but most women are not happy in their marriages because their rights are being violated. If this could be reported, it will be good but they fear that they may be divorced later on. When you see most men going to beer halls, it is not because they love going there but they are running away from their wives. That is a violation of the men’s right because it is their right to be at home. We need to interrogate both sides.
The other thing is that there are people who are being evicted from the farms. In Government, we have a number of branches that look at disadvantaged people such as Social Welfare. We have people in
Bindura who were evicted from a farm and do not have anywhere to go. I think the Government should look into the issue because that is a violation of one’s human rights. There are children who were going to nearby schools and now they cannot go to school and do not have access to water.
Fourthly, Madam President, there is also violation of rights of the workers; those in farms and industries are ill-treated especially those who work for the Chinese who are experiencing difficulties in their work places. I do not think if we were to go to China as Zimbabweans you would want to experience such things. So, I think the Government
needs to interrogate why the Chinese treat our people in this manner when they come to Zimbabwe.
THE HON. DEPUTY PRESIDENT OF SENATE: Order Hon.
Member, the motion in question is a report by the Chairman of the
Human Rights Thematic Committee on a report of the Human Rights Committee not the general human rights in Zimbabwe or human rights situation in Zimbabwe.
*HON. SEN. CHINAKE: I understand Mr. President. I thought I
would assist and bring to book issues that are evident in terms of violation of human rights. Thank you Mr. President.
HON. SEN. ENG. MUDZURI: On a point of order Hon.
President Sir.
THE HON. DEPUTY PRESIDENT OF SENATE: What is your
point of order?
HON. SEN. ENG. MUDZURI: I think the Hon. Senator is talking
about the report in the sense that he is contributing to the same report
that these abuses are happening and have been responded to by the report that came on the abuses that have been happening. So those generalities have a relation to the report. In our responses, we should not just stick to the report per se but to also bring in what is necessary to be seen as human rights, that the Human Rights Commission has to address. So, I think it is in order for him to continue with this debate.
THE HON. DEPUTY PRESIDENT OF SENATE: I overrule
that.
HON. SEN. CHIDAWU: Mr. President, I move that the debate do now adjourn.
HON. SEN. TIMVEOS: I second.
Motion put and agreed to.
Debate to resume: Wednesday 13th February, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. S. NCUBE: Mr. President Sir, I move that Order of the Day, No. 3 be stood over until all the Orders of the Day have been disposed of.
HON. SEN. SHOKO: I second.
Motion put and agreed to.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF
SMALL GRAINS
+HON. SEN. MKWEBU: Thank you Mr. President. This motion is very important to this House. The Government is involved in helping the farmers with equipment of small grainS. Most of our people are not aware that we have been given equipment to grow small grains. This particular plant is big; one cannot carry it with a small vehicle. However, the Government tried to help the farmers who are into small grain farming so that we get that planter. Therefore, I am happy for what the Government has done – [HON. SENATORS: Hear, hear.] – for the provision of the machine.
In addition, people no longer want to consume small grains because of modernisation. We no longer produce the small grains as we used to do. Therefore, the mealie-meal from the small grains is no longer being processed properly because it will be mixed with sand. Of late, we would thresh it on dwalas. Because of lack of proper processing, we no longer want to eat but we like it. On that note, Mr. President, I request that we go back to our old ways of growing small grains, particularly in Region five in Matabeleland. We are backward on maize farming, all those who have planted maize, it has wilted and one can just light a fire and the whole field will burn. We have maize fields but they have been affected by drought. The Government is encouraged that those in Division five should grow small grains.
I personally have a maize field and I only have about 10 hectares that have not wilted. I thank you Hon. Sen. Tongogara for encouraging us to grow small grains. I remembered that I should have grown small grains so that I would have had a better harvest. Our problem is that we cannot access small grains wherever they are being sold, they are not readily available from anywhere. If you are lucky, you can get them in Bulawayo or in Harare but if you go to some places, you cannot get the seed for small grains. With those few words, I thank you.
HON. SEN. TONGOGARA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MUZENDA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 13th February, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Fifth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. SINAMPANDE: Thank you Mr. President for giving
me this opportunity. May I read my contribution Mr. President?
THE DEPUTY PRESIDENT OF SENATE: Is your contribution
technical in nature?
HON. SINAMPANDE: Yes, Mr. President, it is technical.
THE DEPUTY PRESIDENT OF SENATE: But this is not a
technical subject.
HON. SINAMPANDE: No, Mr. President, the language that we are using in this House is a borrowed one and some of us are not fluent in that language. All the three languages that you normally use in this House, I am not fluent in them.
THE DEPUTY PRESIDENT OF SENATE: Alright, you may
read.
HON. SINAMPANDE: Maybe you want me to speak in my mother language.
THE DEPUTY PRESIDENT OF SENATE: I do not think we
have interpreters for that.
HON. SINAMPANDE: But we should have them is it not it?
THE DEPUTY PRESIDENT OF SENATE: Order Hon.
Senator. We are not debating about the resources in Parliament.
HON. SINAMPANDE: Thank you Mr. President. The motion under discussion is a very important one and it needs to be dealt with by the House. The area where I come from, Binga, siltation is everywhere. Rivers and dams are now full of sand because people are either cultivating around streams and along river banks which leads to siltation. Mr. President, if this is not harnessed; there is a likelihood that in ten years or more, the great Zambezi River will be full of sand due to siltation.
Mr. President, this House is therefore urgently called to urge the responsible Ministry to see that the situation is quickly dealt with before disaster strikes. Let this House unite in calling for action because not doing so, will lead to blame games when disaster occurs. Let us do something now and let us stop cultivating in the wrong places. I just thought I should add my voice. Thank you Mr. President – [HON.
SENATORS: Hear, hear.] –
THE DEPUTY PRESIDENT OF SENATE: Hon. Sen.
Sinampande, I thank you for your contribution but I would like to urge you and others to be honest to yourself and observe the rules which we have in this House. If it is not your first contribution, you should refer to notes, there was nothing technical, I am sure you agree with me in that – [Laughter.] – in that short script which you read. In some cases, you were actually failing to read it. So, I urge you to debate as much as you can in a comfortable language. Thank you.
HON. SEN. TIMVEOS: Thank you very much Mr. President. As a Chief Whip, I want to explain. Hon. Sinampande comes from the
Tonga land, that is the language that I expect…
THE DEPUTY PRESIDENT OF SENATE: I know Hon. Sen.
Timveos. I know him very well, he was in my Committee, there is no need for that.
HON. SEN. CHIEF CHUNDU: I move that the debate do now
adjourn.
HON. SEN. NHEMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 13th February, 2019.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET
BOARD
Sixth 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. SEN. SHOKO: I second.
Motion put and agreed to.
Debate to resume: Wednesday 13th February, 2019.
MOTION
OUTBREAKS OF VELD FIRES
Seventh 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: I move that the debate do now adjourn.
HON. SEN CHIDAWU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 13th February, 2019.
MOTION
PROTECTION OF CATTLE AGAINST TICK-BORNE DISEASES
Eight Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.
Question again proposed.
HON. SEN. SHOKO: I want to thank Hon. Sen. Chimbudzi for bringing this item on the agenda of the House. Mr. President, this issue that we are talking about, tick borne diseases, is worrisome. It is worrisome in that it is not only affecting the owners of the animals, it affects the economy.
As you know, we have a quota that we are supposed to export to some countries. I remember we had a quota that we were supposed to export to the EU and unfortunately we were not able to fulfill those quotas. Where we are able to fulfill or where we are able to sell our animals and we get foreign currency, it is very important that these animals that we are talking about are looked after, they are dipped and all the medication is available.
Mr. President, when I debate this issue, I debate it with the knowledge that when we went to the liberation struggle, if you can remember well, Mr. President and I know you remember that the song that we used to sing or the song that was being sung by the freedom fighters was, we need to cripple the system in which Ian Smith was getting money. He was getting money through dipped cattle, our own cattle and we used to close dipping tanks. We were doing that although at that time I did not know why we were doing it because we were being told that look, he used to take money from us, but I now realise that the act of dipping cattle is very important; very important in that it brings in foreign currency for our country. So if we do not dip them, it means to say we are not going to get foreign currency from that particular resource which I think to me, is not reasonable. Men and women that are seated here, if we cannot push that we have such a utility, then it means to say we are not doing our job properly.
Mr. President, as I said, this thing brings foreign currency into our country because the exported beef from the cattle brings us forex. We need clean beef too. If we eat beef that has got diseases, it will affect our health. I believe we have got doctors here. They know what happens when you eat meat that has got tick borne diseases. So, Mr.
President, it is very important that we look at this matter seriously. We urge the Ministry that is responsible for these things to do its right work.
Mr. President, Matabeleland is an area that has got cattle and also in some parts of Zimbabwe. Now, because of the paucity of cattle that you get; you also get our beef going up. It is going up because the demand is outstripping the supply. Why is the demand outstripping the supply? It is outstripping the supply because of these things that we are talking about, the diseases that occur to these cattle and I am saying we are able to stop these diseases by simply dipping our own cattle.
This is a Government responsibility and my understanding is that the community also participates in getting either the chemicals so that the animals are dipped. I think the community can only be invigorated by that particular Ministry. If the particular Ministry is not active on the ground, then the community will have a problem.
At my home I have three cows – [Laughter.] - I can hear some laughter. Yes, it is because I did not want to tell you how many cattle I have but I have three. So I got a message from my home saying the cattle were dying from disease. I asked what the disease was and they said that they went to the local veterinarian who said the animals had a disease that is caused by ticks. Yes ticks, t-i-c-k-s so they told me to buy some chemical that they would use to treat the cattle.
So I bought some chemical in Bulawayo to take down to my rural home. When we got there, we had to use a brush to spread the chemical all over the animal and had to tie it down. I am simply saying - and the example that I have given you is that, if the community itself is organized, pool some funds and we buy the chemicals, then it would be very good. I am also saying that the Government must very much be involved in that when money comes in foreign currency we ensure that we get our essential drugs, spare parts and services from outside because of these cattle that we will have dipped.
So it is very important that we urge the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement, I believe they are the people who are responsible for dip tanks, to start doing the right things on the ground because if we do not do that then in five to 10 years time, there will be no cattle. We will all be talking and now going to the zoo to see what a cow looked like – I do not think that is right. It means to say from that area of cattle, we are no longer going to earn any foreign currency.
Mr. President Sir, with the little contribution that I have made, I will still say to this House, those who have influence outside and inside of this House, please go and influence that particular ministry to do something about the dipping of cattle so that we get rid of the tick borne disease. I thank you Mr. President for allowing me to stand up and speak on this important subject.
*HON. SEN. FEMAI: Thank you Mr. President for affording me
this opportunity to add a few words to the debate that is before this House. I want to thank the mover of the motion and the seconder. They have shown that they know what we are talking about when we refer to wealth.
Our wealth as Africans is determined by the number of cattle or the different domestic animals that you may have. In the past, cattle owners would always inspect their cattle to see if they were not affected by any disease – that is what they used to do. When the dip tanks were first installed, we were happy to see that the ticks would fall off on their own. We have kept the dip tanks since the Smith regime. The cattle tax would be used to buy the chemicals for the dip tanks and those would be used to pay the person responsible for the dip tanks.
Currently, cattle are not being taken to the dip but the employers are getting the money or not being paid – we do not know what is happening. Is this as a result of corruption or what? There is no wealth at all if cattle are not being dipped. The clothes that I am wearing were washed and ironed by the wife who I married. Who can have a home or family without having paid lobola? What are we going to use to pay the bride price if there are no cattle?
This is why I decided to stand up and say as I am speaking, I have a message from my herdboy in the rural areas. I have cattle that I can count and will assist my sons in marrying their wives but I was informed that the cattle now have too many ticks and require tick grease. I need nine tins of tick grease and each costs $20.00 but if I was to take my cattle to the dip tanks, I would have to pay two dollars ($2.00) per beast. If I had been paying that cattle tax with the assurance that my cattle would be dipped, that would make me happy that I have leaders who are concerned about development in the country. Right now, as it is, if I pick a number like 26 times the number of cattle that I have, I bought the number of tick grease tins that I spoke about.
The herdboy went on to say that the cattle tax is now overdue but we informed me that the cattle are not being dipped. This is the time for ticks because of the rainy season, the grass is growing and ticks are found in the grass. I do not know what is happening because it is strange that in such a period cattle are not being dipped. The tax is supposed to pay for the dip chemicals.
I concur with the previous speaker that if only we as Hon. Members who are here and I believe that our chiefs will also be happy as it will bring them some relief that as Hon. Members, we should be visible and advocate for the operationalisation of dip tanks. We need to buy this dip, every Member of Parliament should buy dipping chemicals that they will take to their different rural areas and donate to the person who is responsible for the dip tanks and it will benefit the whole community. People will then understand and appreciate that as parliamentarians we are working and not just making noise. Our chiefs will also take it upon themselves to inform the village heads that people should contribute in the rural areas and in communities. I have witnessed that they work together on other things but when it comes to the dip tanks, they have not yet started working on it.
Hon. Members should spread the gospel on dip tanks and the village heads should come up with committees composed of people who will be responsible for collecting money for the dip. Right now, we do not know where the cattle tax that we are paying is going to and we do not want to lose our cattle. We also need these cattle so that we can pay the bride price for our wives. With these few words Mr. President, I rest my case.
HON. SEN. CHIMBUDZI: I move that the debate do now
adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to
Debate to resume: Wednesday, 13th February, 2019.
MOTION
REPORT OF THE 139TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Ninth Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union (IPU) held in Geneva, Switzerland.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to
Debate to resume: Wednesday, 13th February, 2019.
MOTION
UPGRADING OF TOURIST FACILITIES IN KARIBA
Tenth Order read: Adjourned debate on motion on the strategic role of tourism to the country’s economic development.
Question again proposed.
HON. SEN. GUMPO: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to
Debate to resume: Wednesday, 13th February, 2019.
MOTION
NATIONAL POLICY ON PERSONS LIVING WITH DISABILITY
Eleventh Order read: Adjourned debate on motion on need to formulate a comprehensive National Disability Policy and review the
Disabled Persons Act.
Question again proposed.
HON. SEN. TIMVEOS: Thank you Mr. President. I rise to wind up the motion. I will start by thanking everyone who debated this motion. Quite a few Hon. Senators contributed to this motion and debate and I would want to thank them very much. I also want to encourage the Minister concerned to actually come and also respond to this motion because it is very important. The law needs to be looked at and changed. I move that the motion be adopted.
Motion that,
COGNISANT that Zimbabwe enacted the Disabled Persons Act
[Chapter 17:01] in 1992;
ALSO COGNISANT that Zimbabwe ratified the United Nations
Convention on the Rights of Persons with Disabilities and enacted
Constitution of Zimbabwe Amendment (No. 20) Act in 2013;
CONCERNED that no efforts have been made to domesticate the
United Nations Convention on the Rights of Persons with Disabilities and also to align the Disabled Persons Act [Chapter 17:01] to the Constitution of Zimbabwe leading to a piece-meal approach to disability issues;
ALSO CONCERNED by the absence of a comprehensive National Disability Policy in Zimbabwe, resulting in the continuous marginalisation of people with disability in national development issues;
NOW, THEREFORE, calls upon Government to urgently formulate a comprehensive National Disability Policy and review the Disabled Persons Act [Chapter 17:01] in line with provisions of the United Nations Convention on the Rights of Persons with Disabilities and the Constitution of Zimbabwe Amendment (No. 20) Act, put and agreed to.
MOTION
DEVOLUTION OF POWER
Twelfth Order read: Adjourned debate on motion on the call for devolution.
Question again proposed.
HON. SEN. MWONZORA: I move that the debate do now
adjourn.
HON. SEN. SHOKO: I second.
Motion put and agreed to
Debate to resume: Wednesday, 13th February, 2019.
MOTION
CASH SITUATION IN THE COUNTRY
Thirteenth Order read: Adjourned debate on motion on the call to solve the cash crisis in the country.
Question again proposed.
HON. SEN. SHOKO: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to
Debate to resume: Wednesday, 13th February, 2019.
MOTION
NATIONAL DRUG POLICY AND LEGISLATIVE FRAMEWORK
Fourteenth Order read: Adjourned debate on motion on National Drug Policy and legislative framework to effectively regulate in the country.
Question again proposed.
*HON. SEN. CHIFAMBA: Thank you Mr. President, I want to
thank Hon. Sen. Timveos for the motion that she tabled on the issue of drugs. Drugs are coming into this country without any regulation. There are adverts that you see on television with children taking what is called bronco. They pour the bronco down their throats ensuring that it does not affect their teeth. What it means is that...
THE HON. DEPUTY PRESIDENT OF SENATE: Hon. Senator
you have already debated on this motion.
*HON. SEN. CHIFAMBA: No, Mr. President this is my first
time.
THE HON. DEPUT PRESIDENT OF SENATE: You can
debate, it was a mistake.
*HON. SEN. CHIFAMBA: Thank you Mr. President, I knew I
had not contributed before. I see a lot of children are taking bronco and when asked why they are taking it, they say that they want to be drunk the whole day. When you see them walking in the streets you question yourself where that child’s life is going. Bronco is a cough syrup that is being abused, others are taking CPZ that comes from Zambia and these are drugs taken by patients in the Psychiatric Unit to calm them down. If you ask them why they are taking drugs they will tell you that it is good since they cannot find jobs. In this state, they will be at peace because if they are asleep they do not think about any problem. These drugs have after-effects in their lives.
Some of these drugs can even affect them psychologically. If you go to Fourth Street rank bus terminus you will find tablets being sold there. You question yourself where these drugs are coming from. Those that we manufacture in Zimbabwe are not found in the streets but only in pharmacies. I do not know what is happening, how these drugs are finding their way in Zimbabwe. We need strong security at the borders to ensure that we do not have drugs coming into Zimbabwe. If you go down-town, you will find that is where most of the drugs are being taken to and distributed.
You will find others just lying on the road, they do not know what they will be doing because they will have taken bronco or some of these dangerous alcoholic drinks. This will eventually affect their health and it damages their lungs. To them, it is good because when they take these drugs they do not think of the challenges that they are facing in life. Like I said, some say that they would rather be knocked out and be drunk because they do not have time to think about the economic challenges. If industry is resuscitated, these children will have jobs and will not abuse drugs. With these few words, Mr. President, I want to thank you.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr. President.
I just thought I would add my voice to this matter. There is a case that I came across last week. I do not drink or smoke and I do not know much about drugs. Last week Mr. President, there is a nephew of mine who said that he would be off duty and will go to the rural areas. He wanted transport and I promised him that we would travel together. Later on, he said he would not be able to travel because of the Portuguese employer who stays in the avenues stays by herself. She once had a coloured husband but she divorced as her husband was into drugs. The woman is 43 years old and is being supported by the ex-husband.
So, he said he will not be able to travel with me to Masvingo because of drugs that his employer took. After taking drugs she then took a razor blade and started cutting herself. She was taken to the hospital and is at the Avenues Hospital right now. So, I wanted to share with my fellow Hon. Senators that drugs are not good because once you are intoxicated you cease to reason. If there is a Committee - I do not know which Committee, maybe it is the Peace and Security Committee - it is important for them to take this matter up and interrogate. I know it also comes under the Health Committee. The Committee should investigate this matter and give us a full report on the issue of drugs and its effects in Zimbabwe. I thank you.
*HON. SEN. TIMVEOS: Thank you Mr. President. I am happy that this motion has been well debated. So, I want to move for the adoption of the motion but before I do so; I want to express my gratitude to those who debated the motion today. From the time I moved the motion it has been well debated. What I have realised is that Senators have noticed that drugs have destroyed this nation. If you look at the accidents, the road carnages happening, it is because people will be under the influence of drugs. Last week, I was reading from the press that the residents of Bulawayo are fighting the drug dealers who are selling drugs against the law.
It was also mentioned during the debate that there was a woman who was making scones and putting drugs in those scones. The moment you take them you end up developing addiction to the scones because of the drugs because what she wants is money. So I believe that the Minister of Health attended the workshop on drugs and now has full knowledge of what is happening. I realise that the legal framework currently does not punish those who are selling drugs illegally. That law needs to be amended to put stringent measures in order to punish the drug dealers. Drugs are coming in easily into the country. Those who bring in second hand clothes from Mozambique bring the drugs. The bronco that has been referred to by the Senators is found in huge quantities in Zimbabwe. I want to thank the Senators for the support that you displayed when I brought this motion. I now move for the adoption of the motion that this House;
NOTING that a National Drug Policy is critical in ensuring that all drugs in the national drug distribution system are safe, efficacious, effective and of good quality whilst it also strengthens administrative, and regulatory controls of the same;
CONCERNED that the existing legal framework, such as the Criminal Law (Codification & Reform),the Dangerous Drugs Act and the Medicines and Allied Substances Act are either outdated and do not sufficiently provide for procurement and use of drugs;
NOTING that these current laws criminalise drug and substance use resulting in drug users fearing to seek treatment for TB and HIV infections;
AWARE that decriminalisation of drug use and drug policy reform as adopted globally by other countries are vital strategies to addressing the drug problem;
NOW, THEREFORE, calls upon Government to come up with a national drug policy and legislative framework that is grounded in science, public health and human rights to effectively minimise the effects of drug use within Communities.
Motion put and agreed to.
THE HON. PRESIDENT OF SENATE: Hon. Senators, I would
like to encourage those who have motions which have been on the Order Paper for a very long time to wind up your debates. This is because if your motions remain on the Order Paper for up to 21 days, they will be automatically removed, they will not appear anymore. So, it is nice for you to wind up and have it adopted like what Hon. Sen. Timveos has done – [HON. SENATORS: Hear, hear.] –
MOTION
SOLUTIONS TO PROBLEMS OF VENDING
Fifteenth Order read: Adjourned debate on motion on finding solutions to challenges associated with vending.
Question again proposed.
+HON. SEN. CHIEF CHABUKA: Thank you Mr. President. I
want to thank all the Hon. Senators who contributed to this motion on vendors. It is a painful motion because it touches on the livelihoods of people, especially in our economy where the industry is not functional. I want to thank the Hon. Members who contributed.
For our nation to develop, we need to continue working. Mr.
President, I now move for the adoption of the motion that this House; NOTING that vending has since become the main source of livelihood due to high levels of unemployment in the country;
SADDENED by the heavy handedness on vendors by armed police which has not spared the general public going about their businesses especially in the central business district in urban areas;
NOW, THEREFORE, calls upon Government;
- To engage in dialogue with vendors and their associations in an effort to find a lasting solution to the problems of vending; and
- To construct proper vending stalls at easily accessible sites.
Motion put and agreed to.
On the motion of THE MINISTER OF STATE FOR
MIDLANDS PROVINCE (HON. PROF. MAVIMA), the Senate
adjourned at Five Minutes Past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday 13th February, 2019
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
CHANGES TO THEMATIC COMMITTEE MEMBERSHIP
THE HON. PRESIDENT OF SENATE: I have to inform the Senate of the following changes to membership of Thematic Committees:
Hon. Sen. Dr. Sekeramayi will serve in the Thematic
Committees on Peace and Security and HIV and AIDS;
- Sen. O. Hungwe will serve in the Thematic Committee on Gender and Development;
- Sen. Khupe will serve in the Thematic Committee on
Sustainable Development Goals (SDGs) and the Thematic
Committee on Gender and Development; and
- Sen. S. Mpofu will serve in the Thematic Committee on Sustainable Development Goals (SDGs) and the Thematic Committee on Gender and Development.
PETITIONS RECEIVED
THE HON. PRESIDENT OF SENATE: I wish to inform the
House that on the 12th of February, 2019, Parliament received a petition from Talent Maphosa, ICODZIM. The petition has since been referred to the Thematic Committee on Human Rights.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
*HON. SEN. CHIDAWU: Thank you Madam President. I want to
thank Hon. Sen. S. K. Moyo for moving the motion and the seconder. I want to begin by congratulating you Madam President for being elected the President of the Senate as well as the Deputy President of the Senate, Hon. Sen. Nyambuya.
I want to thank the President Hon. Mnangagwa for the speech that he gave to Parliament. He gave us a good speech after winning the election resoundingly and up to today, he has been doing a great job. I am not going to look at the background as to how he became the President, this has already been covered by earlier speakers but I want to look at his speech that he gave to Parliament during the official opening. In his speech, he touched on the issue of good governance, the way we live and also legislation which enables us to live in peace with one another that will lead to the development of the nation.
As someone who was bred in Zimbabwe and lived in Mbare, I witnessed Harare being built and developing until independence. I was a member of local government, in the council until I got to Parliament. The Harare that I am talking about is no longer the Harare that we grew up in. I want to thank the powers that be for cleanliness that is now in the urban centres. There was a lot of garbage in all places and as you moved around, you would ask yourself whether this city would be a sunshine city again. People would live anywhere and you would come across dirty areas and that was not hygienic at all. We want to thank the Government for taking the initiative to ensure that our city is clean.
It has not yet reached the level of cleanliness that we want. If you turn on a tap to get drinking water, you cannot drink the water because it is very dirty. That is why we experienced cholera. Cholera is A disease causeD by unhygienic conditions. It is unfortunate THAT we ended up getting cholera cases in Zimbabwe. We need to address the hygiene of Harare as a town.
The President mentioned the issue of devolution to enable people to run their own provinces for the development of those provinces. I think it is a good initiative because it enables people to maximize their efforts to ensure that the areas they reside are developing. I believe that in Harare, the population has grown. There was a population of about 300 000 people. In Chitungwiza, there was only St. Mary’s and Zengeza was not there but now the population has gone up to about three or four million if you look at Chitungwiza, Harare and Ruwa which is the greater Harare areas. So for that reason I support the issue of devolution and what I hope to see is that we expedite legislation to enable devolution. This will also curb diseases such as Cholera and also enable different areas to be able to access water. Chitungwiza used to get water from Harare but because of the way that Harare has grown, water is not enough anymore. So devolution is good because it will assist and meetings and consultations can be done with people and come up with measures to address and improve the lives of the people in those areas.
Another issue is that in the current dispensation, the challenge we have is that for our economy to grow, we need to work very hard. I am a builder and contractor. It is not pleasant work but has to be done. Mostly people want to work and see good things but forgetting that we need to work towards having the good things that we have. We need to work hard. The challenge that we have is that the civil service has too many people. We need to investigate and account for what each and every person does. Most of the employees are just seated throughout the day without any clear cut job descriptions. The President spoke about the civil service reforms so that those who are there should maximize their efforts in working for the nation. As parliamentarians, we should also ensure that the civil service renders its service to the public.
We once went to China on a study visit. I learnt one thing that everyone should know what he/she is going to do at work as an individual. At the end of the day, they should do an introspection to see what he/she has achieved. In Zimbabwe, when you get into a Government office you will find a lot of employees and the work that they are doing can be done by one person - sometimes they are 10 and they are doing nothing. The way they are just too many affects our budget because it leaves very little money for development because 80 to 90% is channeled towards salaries and about 10% towards development and managing the country. This is an issue that we need to address and we do not need to be told.
The issue of performance of the civil service was also mentioned, especially in the foreign mission service. In the past people wanted to be posted to foreign missions and they knew that they would make a lot of money and come back and invest in property. Our missions should promote international trade and evaluate the international instruments that we ratify. The missions that are active should ensure and evaluate these treaties so we need to reform this on our own. Those who are posted to missions should be qualified personnel. It should not be based on political appointments when we talk of international diplomacy but it should be trade.
The conflict that is between the United States of America and China is all about resources. Once they produce their goods, where can they be sold? That stimulates industries but we are mourning that there are no more industries, yet when the industries are in place, we will not know what to do because markets and international trade have to be fought for. You need to fight for your space. So we need the foreign missions to work for us in terms of trade that way, we can also gain foreign currency through the trade agreements and will not experience any foreign currency shortages.
The President also alluded to the trade agreements that we sign here. I believe that we interrogate them and see the anticipated benefits. When we evaluate them, we need to understand how our system follows through because we do not see the benefits that we anticipate. We hope that as we proceed, we will address those issues in terms of economic development. Once there is economic development, our challenges will be a thing of the past, but that can only be done by us enacting legislation that will enable this.
I thank the President for these words. I believe a lot was said by my fellow Hon. Senators. In Harare, we need factories and not farms because we work in factories. I thank you Madam President.
HON. SEN. M. R. DUBE: Thank you Madam President, Hon. Chinomona. Madam President, before conveying my congratulations, I crave the indulgence of the Hon. Senate to read my Maiden Speech as provided in Standing Order Number 80, which provides for an Hon.
Senator to read his/her Maiden Speech?
THE HON. PRESIDENT OF SENATE: May you just proceed?
HON. SEN. M. R. DUBE: Thank you, mine is on devolution. I would like to congratulate you Madam President, Hon. M. M.
Chinomona and our Deputy President Rtd. Gen. M. Nyambuya, our staff and Hon. Senators. Allow me to zero in on my Maiden Speech, it focuses on devolution as the pathway to success and regional development.
Madam President, the President in his speech in the august House mentioned devolution as the gateway to economic recovery and development in Zimbabwe and seven months down the line, devolution has not been implemented. I call upon urgent action on the implementation of devolution because the President in the opening remarks of his Presidential speech said devolution, devolution, devolution.
Madam President, devolution is the answer to current underdevelopment experienced across the country and provinces. It is easier to control resources at local level or province. For example, Bulawayo has been a hub for industry but most companies like Sugar Refinery, National Foods and Dunlop have moved to Harare mainly due to uneven development. Now the industry is full of churches.
If those companies relocate again in Bulawayo, our children will get employment. There are no clinics in other suburbs but stands were allocated 11 years ago. We ask the Government to do something especially in Nketa and Mganwini.
Under devolution, even the power station will start working and the smoke that thunders will get enough electricity and kantutu ziyatunga will be back on the roots. I am happy that the Budget was approved and the Government now has resources to sponsor our provinces.
Beitbridge is the mother of all border towns but it is pathetic when we look at facilities in Beitbridge. For example hospitals and clinics are very poor, there is no water, the roads are poor and poverty is the order of the day. There is massive unemployment yet Beitbridge brings in a lot of foreign currency. It is only devolution that saves these towns from decay because of equal distribution of resources.
Some towns are suffering from retrogression instead of progressing. For example, during the Easter period last year, Victoria Falls received about 5 000 international tourists but the Chinotimba communities are becoming poorer and poorer. Devolution will allow a large portion of the revenue to be channelled towards developmental issues in Victoria Falls.
It is painful when you visit areas around Mberengwa which are backward places in Zimbabwe but is home to platinum mines like
Mimosa. Tax from these mines should be used to develop these areas.
The Shurugwi community is suffering from the same disease and devolution is the only solution to this problem. Revenue from Unki Mine and various gold mines around Shurugwi should be used to fund hospital and education needs for the surrounding communities.
Our electricity comes from Kariba but our people in Binga do not have electricity. It is easy for someone in Harare to access electricity than someone in Binga. Kariba is seriously under developed but considering that dried fish (matemba) is from Kariba; fishing competitions are done in Kariba, electricity is generated in Kariba and it is also a border town, I call upon the Government to ensure that it plants back a certain percentage of the revenue from electricity towards developmental projects around Kariba.
Madam President, are you aware of the Marange Diamond scandal? The diamonds in Marange became a curse to the Marange people and not a blessing. Many were forced to migrate and there is no meaningful development. Such unfair use of resources should stop and this can be done through devolution.
If devolution is implemented, communities like Chiredzi will benefit from local resources that are in Gonarezhou Game Park. Revenues from Tongaat Hullett and the border fees will ensure that poor areas get developed.
I call upon this Government to quicken the implementation of devolution. Devolution is the only corridor for areas like Lupane that are rich in gas and timber to realise benefits from their God-given resources. The state of most roads is in shambles and this can only be addressed if devolution is implemented. I thank you.
HON. SEN. S. K. MOYO: I move that the debate do now
adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MWONZORA: I move that Order of the Day,
Number 1 be stood over until the rest of the Orders of the Day have been disposed of.
HON. SEN. SHOKO: I second.
Motion put and agreed to.
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 Annual Report.
Question again proposed.
HON. SEN. MWONZORA: Thank you very much Madam President. The Zimbabwe Human Rights Commission is one of the commissions under Chapter 12 of our Constitution and as such, it is an independent commission put in terms of the new Constitution of Zimbabwe. It is the only Commission that has been able to speak truth to power in this country. As a result, it has come under serious attack from the Executive and other politicians. For example, the former
President Mr. Mugabe called the Deputy Chairperson of the Commission
‘a stupid woman’. This is the attack that members of the Commission have come under.
Our Committee came to the conclusion that the Zimbabwe Human Rights Commission by and large has been very effective as a Commission. For example, it has already investigated and made recommendations on the recent disturbances that happened on 14th January. There is no subject matter of the report that it has made. I am making it just to show you how effective they are. They have already investigated the complaints that they have got and they have already produced a report. Therefore, it can only be treated as an extremely serious, effective and professional Commission.
The findings of the Commission were ably articulated by the
Chairperson of the Thematic Committee, Hon. Sen. Chidawu. Therefore, I wish to zero in Madam President, on the recommendations that our Committee has made. The first recommendation that our Committee has made is that...
THE HON. PRESIDENT OF SENATE: If I can understand you
- here I am reading that this is an annual report of the year ending
December 2017. So, I thought you were going to zero-in on that one.
This one should also be brought in maybe on its own after you have investigated because I do not think already you have investigated or you are just bringing it as an ad hoc, I do not know.
HON. SEN. MWONZORA: Madam President, I am actually
referring to the current report which is the report of 2017. When I was talking about the effectiveness of the Human Rights Commission, I then just strayed and used the example of its investigation and completion for this year without going into the contents of that report. I am simply talking about the effectiveness of the Commission.
THE HON. PRESIDENT OF SENATE: Is it what we are talking
about, the effectiveness of the Commission? Are we talking about the effectiveness of the Commission or we are talking about the annual report?
HON. SEN. MWONZORA: I agree with you Madam President,
we are talking about the annual report of the Commission. So..
THE HON. PRESIDENT OF SENATE: As the Commission or
the Committee?
HON. SEN. MWONZORA: The Human Rights Commission
made an annual report that the Committee looked into and has made its recommendations.
THE HON. PRESIDENT OF SENATE: You can proceed Hon.
Senator.
HON. SEN. MWONZORA: Thank you very much Madam
President. The report that is before you Madam President, is the report of the Thematic Committee and you will see that the report of the Thematic Committee dwells much on the report of the Human Rights
Commission..
THE HON. PRESIDENT OF SENATE: Now, I do understand.
HON. SEN. MWONZORA: I was saying that we analyse the report of the Zimbabwe Human Rights Commission and in our view, the Zimbabwe Human Rights Commission has been very effective. It has produced a report and just as an example of its effectiveness, it has even produced subsequent reports of issues that have happened already in the country. I went on to say Madam President, that the findings that were made by the Committee, were well articulated by the Chairperson, Hon. Sen. Chidawu and I will now dwell on the recommendations that we as a Committee are making.
The first recommendation is that the Zimbabwe Human Rights Commission must timeously recommend to Parliament effective measures to promote human rights freedoms. What is important is that Zimbabwe has human rights enshrined in the Constitution and we must now promote those human rights. It is the Zimbabwe Human Rights Commission that must recommend to us as the legislators ways to promote the human rights. We must always be seen to be defending the human rights; we must all even be seen to be expanding the human
rights.
The second recommendation comes from the fact that the Zimbabwe Human Rights Commission and indeed other Commissions have been making recommendations to various bodies. For example, it made recommendations to the Ministry responsible for the distribution of food aid, that food aid must not be used as a political weapon. It then recommended specific measures to stop that abuse of food aid. We have seen that those recommendations were largely ignored in some instances and therefore, we recommend that the Human Rights Commission must act in terms of the Constitution. Where its recommendations have not been followed, it must produce a special report to the President and to the Parliament; reporting those people who are not heeding its recommendations.
The other recommendations that we made Madam President, relate to the evictions of people. We identified a number of eviction related issues. Firstly, eviction of former workers; secondly, eviction of people from the farms who are occupants of those farms and thirdly, eviction of people from their houses and fourthly, eviction of people under the socalled Murambatsvina.
Mr. President, what we noticed is that the evictions were being done in a very sadistic and sometimes in violent manner. We noticed that evictions were taking place from dwellings; they were taking place in the summer season and without our people being given alternative accommodation. We therefore recommend that the State must ensure that the people who are being evicted are given alternative accommodation and that their security is guaranteed. We also recommend that there are many instances where human rights violations are then made subject matter of court processes. We noticed that the Zimbabwe Human Rights Commission in its reports, does not include the court cases and how they have been decided especially court cases dealing with human rights violations.
We therefore, recommend that the Commission incorporates in its reports, the cases brought before the courts in order for us to see how the courts are dealing with the human rights violations. Mr. President Sir, there has been a problem where the recommendations of the Human Rights Commission have not been followed. We propose and recommend that the recommendations to institutions and to persons must have legal effect. If somebody ignores the recommendations of the Commission, do nothing about the recommendation of the Committee, there is no sanction. So the recommendations of the independent Commissions must have the force of law so that those who do not heed them are accordingly punished. There is a convention, the United Nations Refugee Convention regarding the issue of refugees and asylum seekers.
Mr. President, what is happening in this country is that before the refugees are processed, before the asylum seekers are processed they are lodged in prison, they are lodged in remand prison as if they are criminals. These are people who are escaping from persecutions in their own countries and they come to Zimbabwe thinking that Zimbabwe offers them refuge, Zimbabwe offers them protection. What we are doing under the current practice is that we are taking those men and women who are law-abiding by the way and we are putting them in the remand prison where they are being lodged with common criminals. It takes a lot of time for their refugee status to be processed while they languish in prison. There are a lot of rights that are not accorded to prisoners. For example, conjugal rights and the right to communication, they do not have. The classical example is the example of Colonel Gaddafi’s son, who was being lodged in prison, I do not know whether he is out now. However, he was seeking refuge in Zimbabwe but he is languishing in our prison. We need to change that system. The people who are running away from persecution must not be further persecuted by us here by putting them in prison – [HON. MEMBERS: Hear, hear.]
Lastly, we recommend that the Zimbabwe Human Rights Commission, which is a Commission we oversee as a Committee, must make systematic monitoring and observation of elections. We noticed that most of the gross human rights violations are election related and there must be mechanisms to detect the occurrence of human rights violations early. Normally, human rights violations start with hate language. It starts as language and the language gets stronger and stronger. It starts with one case of assault and ends up in murder. The authorities then deal with murder. What we are saying as a Committee is that we must be able to detect, tale-tale signs of impending human rights violations and take appropriate action on time.
Mr. President, let me just commend the manner in which our Committee has been handled. The debates within the Committee are very cordial, there is robust debate, nobody is discriminated on the basis of political affiliation, it is a refreshing Committee. Thank you very much – [HON. MEMBERS: Hear, hear.]
HON. SEN. SHOKO: Thank you Mr. President. I want to thank the Members of the Committee who got this report from the Zimbabwe Human Rights Commission. When I looked at this report, I realised that the whole system in Zimbabwe is corrupt. If you read paragraph three of the Committee report, it says; “Overview of the Human Rights situation – The Committee noted that, 2017 was marred with rampant corruption in Government ministries and departments, parastatals, public entities as well as private sector that crippled service delivery across the key sectors of the economy.” That is why I stood up and said, look, from this report here, everything is corrupt. Fortunately, they did not put
Parliament, if they had put Parliament, then it could have been our end.
The situation in this country presently, according to this
Committee report is terrible, everything is corrupt. Every department of
Government is corrupt. You go to a parastatal like NRZ, ZINWA or
ZINARA, they are all corrupt. You go to the public sector or to Hon.
Shoko’s shop, it is corrupt. Everything is corrupt. This means, we have got problems and we need departments, the Government and the
Executive to deal with these issues which are being pointed out in this Committee report– [HON. MEMBERS: Hear, hear.] – This is very important for our survival because what will simply happen now is that if you intend to take your child to a pre-school, primary or secondary school, you will have to pay a bribe. I am talking about what is written here and not picking from thin air. Only Parliament is not corrupt and if you are not corrupt, which means we must go and deal with this corruption. We must supervise departments and the Government.
Others might not understand what is written here but what I know is that Hon. Senators understand what is happening here and at a given time, they have been confronted by this corruption being debated.
If this corruption is everywhere, you must have felt it as legislators who must supervise these ministries. This is very important Mr. President that we must be seen to be doing something. This is because the people who elected us into this House are looking at us so that we can deal with this corruption. An example that I can give you is; if you want to obtain a birth certificate, when you get to the Registrar’s office, the queue will be so long and a friend tells you that you must pay $50 to obtain one and you will get it as fast as possible, that is corruption. So, Mr. President, let us take the recommendations of the Committee seriously. If we do not take the recommendations seriously, it means that we are also part of that corruption that is happening elsewhere – [HON. SENATORS: Hear, hear.] – This is very important for us, our children and the future generation. If we leave corruption for the future generation, when they see your grave after hearing that you were the senator, they will spit on your grave. With those few words, let me sit down and give others a chance. Thank you very much – [HON.
SENATORS: Hear, hear.]
*HON. SEN. CHIMBUDZI: Thank you Mr. President for giving me the opportunity to add my voice on the motion moved by Hon.
Chidawu and the seconder. I am going to say a few things about Article 4.26, which talks about the promotion of human rights. The Committee gave a very good account of its views. They observed that in the celebrations that are being carried out, the majority of the people are not going there because they are unaware.
They also found out that the problem with the Commission is that it is doing it alone without the involvement of Legislators who are in the locality where such gatherings will be taking place. Such gatherings help in creating awareness for the public so that they appreciate more on the duties of the Human Rights Commission, that is where they are found lacking. I would like to thank them for the good observation. I want to believe that they came up with a very good report and we expect the Committee on Human Rights to call the Commission, sit down with it and assist the Commission in ensuring the success of public awareness and celebrations. As Hon. Members, let us desist from the habit of putting words into the people’s mouth. When a Committee is going to meet the Commission, it is not our duty as legislators to do that. If we were to do that, we are not being constructive because they end up giving negative issues or issues that should not be part and parcel of their report because I would have influenced my people in my constituency on what to say. We should not put words into our constituents’ mouths.
I would like to thank Hon. Sen. Mwonzora who touched on the issue of clean ups commonly referred to as Murambatsvina. I would like to believe that he is a lawyer and he is conversant with the law. This might have disadvantaged some people but my personal observation was that this clean up exercise helped those people who were unable to construct houses as they are now able to build their own houses and they are living in such houses. They are now landlords and landladies. That was a positive step although the modalities may have been wrong, but the majority of the people are now landlords and landladies. We give them our kudos for that.
I would like to thank the Chairperson and those who supported him and your observations that this particular Commission must carry out its work. It should be well known by everyone. The public should know about it, the Members of Parliament should also know about the Human Rights Commission. This will enable the enlightened legislators to go and correctly inform their own constituents, whether it be the right to water, the right to shelter or the right to education. So those are the basic human rights which one should have and we should impart the correct information because should you impart the wrong information, our children will get the wrong impression.
I will repeat that we should call them for oral evidence and then we give them advice so that we work very well. I thank you Mr. President for giving me such an opportunity.
HON. SEN. CHIDAWU: I move that the debate do now adjourn.
HON. SEN. CHIRONGAMA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL
GRAINS
Fourth Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing 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: Thursday, 14th February, 2019.
MOTION
SILTATION IN RIVERS AND DAMS
Fifth Order read: Adjourned debate on motion on the level of siltation which is threatening the existence of most rivers and dams.
Question again proposed.
HON. SEN. CHIEF CHUNDU: I move that the debate do now adjourn.
HON. SEN. CHIKWAKA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET
BOARD
Sixth Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.
Question again proposed.
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. PROF. MAVIMA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
OUTBREAKS OF VELD FIRES
Seventh 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. MATHUTHU: Thank you Mr. President for giving me the opportunity to stand in support of a motion by Hon. Senator
Gumpo on veld fires. Mr. President, in destroying the environment, you increase the chances of an El Nino induced drought as veld fires are a catalyst to climate change. The outbreak of veld fires causes deforestation and degradation as it leaves trees and grass destroyed. Veld fires have no political or social boundaries, so it is the responsibility of every leader in a community to make sure the people we lead are educated on the effects or dangers caused by veld fires.
We must not leave this responsibility to our traditional leaders only as all of us in this august House are leaders. It is our responsibility to make sure that our people out there understand the dangers posed by veld fires. Therefore, I appeal to the Environmental Management Agency (EMA) and other Government departments responsible to assist us as community leaders to spearhead and have a massive education in the communities that we lead so that we eradicate veld fires.
The animals, birds and even human beings are not secure when there are veld fires because you cannot rule out the possibility of the loss of lives. It is a known fact that when vegetation is destroyed and it is raining, the movement of water is not controlled thereby causing a lot of soil erosion and even the yield from farmers is affected.
Mr. President, I would like to commend the efforts of our traditional leaders in educating their subjects on the dangers associated with veld fires. It is up to us as Hon. Senators to ensure that our people understand and respect the authority of traditional leaders. The Government has done a lot but the country continues to suffer as the environment is being destroyed. Therefore, as community leaders, let us come up with legislation that will make our people or would be offenders to fear whatever legislation would have been gazetted or enacted in this august House.
In some areas that we come from, the plantations that were planted with funding from our partners were destroyed by veld fires. So Mr. President and Hon. Senators, we need a lasting solution to this monster called veld fires. Let us work together regardless of our political affiliations to make sure that we make our people understand the dangers associated with veld fires.
Mr. President, even our tourism which brings in a substantial contribution to the fiscus is affected by veld fires. So, with these few words, I would like to thank the mover of the motion, Hon. Sen. Gumbo for bringing this important subject to this House for debate by Hon.
Members. I thank you.
*HON. SEN. FEMAI: Thank you Mr. President for giving me
this opportunity to add my voice on the issue of veld fires. Firstly, allow me Mr. President that as I debate, it is not that after I have debated, someone should start interrogating my speech. It is not right and it no longer becomes an Hon. House. The people who are outside should judge me with the speech that I would have given in this august House…
*THE TEMPORARY PRESIDENT (HON. SEN. CHIEF
CHARUMBIRA): Order, order, I think we are a bit lost.
*HON. SEN. FEMAI: I wanted to say that if an Hon. Member
has contributed accordingly giving his/her opinion, it is not good for another Hon. Member to critique the debate presented by the other Hon.
Member – that is not right and that is all I said before I proceed to debate the motion at hand.
I think that is clear but the word, ‘debate’ itself means that each person is entitled to his/her own opinion. Once we talk of debating it means you are giving various opinions
*THE TEMPORARY PRESIDENT (HON. SEN. CHIEF
CHARUMBIRA): Thank you but your contribution in trying to make this House honourable is good. I support your suggestion.
*HON. SEN. FEMAI: Thank you, when it is a debate it is not right to quote what someone else would have said whilst debating. I want to thank Hon. Sen. Gumbo for the motion on veld fires that are everywhere.
Mr. President, from the time we were born in rural Chimanimani, no one was allowed to move around with a box of matches or to move in a forest with fire. If a veld fire took place, it would be known whose child would have caused it. The village heads and traditional leaders would convene a court session to pass judgment on would be veld fire offenders. Nowadays, it is a thing of the past.
I do not know if Environmental Management Agency (EMA) has
now assumed the role of traditional leaders, if they have, then the role of the chief is therefore eroded as they are no longer in existence. EMA is normally heard in the media, especially on radio where money is spent on paying for jingles for people not to cause veld fires. A lot of forests that are being affected by veld fires are not those under the domain of the traditional leaders. Those that are experiencing veld fires are the invaded farms. These farming areas are experiencing more veld fires than the areas under the jurisdiction of chiefs.
I think the people who are causing veld fires plan to cause them. I do not know, maybe they plan to ensure that the cattle do not have enough grass. I think the Government should relook into this issue and return the farming areas to the traditional leaders and not for EMA to control the farming areas.
If this country loses a lot of forests due to veld fires, there will be
no rain because we end up complaining that we are feeling hot but it will not rain. Long back, if that happened, the elderly would sit down and deliberate on this and you would also get a lot of rain during that period but now the atmosphere is full of smoke from the veld fires hence there is no rainfall.
We want to see what will happen if these farms are given back to the jurisdiction of traditional leaders. If a traditional leader puts a law to say that people should not burn forests, we will find that there will be a reduction in veld fires. EMA who are busy playing jingles on radio to stop veld fires are not doing much. A child knows that there is a day that is set aside for people to rest known as chisi. Even a child in school knows that we do not carry hoes or till the land on that particular day. That day is set aside by the traditional leader but you find that veld fires occur on this day of rest known as chisi. I do not know whether people are looking for mice and this is now causing veld fires. If we continue causing veld fires, we are not going anywhere.
I think the committee that deals with these matters, especially the
one on environment should summon EMA to give oral evidence as to how they are using the money that they get from the budget. What are they doing? Long ago during the Smith regime, there were no veld fires in those areas. You would see the police moving around the farms on horses but nowadays we only see the horses during parades. This means that there were police who would check on the farms. Nowadays police are moving around town putting road blocks.
I am suggesting that the police should go on patrols and arrest those people causing veld fires. If you were to ask who has caused the fire, they will end up revealing who will have caused the fire but that is no longer happening because police are not patrolling.
Biodiversity - inhabitants that are in the forests or grass that we use to thatch our houses are needed to balance the environment but when there is a veld fire, all these are destroyed and the soil is left loose hence we lose good soil. If you ask a person why they had to burn that particular area, they will tell you that there were snakes. God created snakes. The snake is important in balancing the environment. The snake is there to eat the rats which spread diseases. The rats affect the people but we want to kill the snake by causing veld fires. This causes an imbalance in terms of biodiversity.
Those people who were given farms and those who were working on farms were relocated. They do not have anywhere to go and now we have veld fires everywhere causing biodiversity loss in grass and trees. Some of these trees are fifty or sixty years old and that contributes to the oxygen that we breathe since trees let out carbon dioxide.
I recommend that chiefs should be given jurisdiction over the farming areas to ensure that they deal with veld fires and we leave out EMA. I thank you.
HON. SEN. GUMPO: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to
Debate to resume: Thursday, 14th February, 2019.
MOTION
PROTECTION OF CATTLE AGAINST TICK-BORNE DISEASES
Eighth Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.
Question again proposed.
+HON. SEN. A. DUBE: Thank you Mr. President for giving me
this opportunity to contribute just a few words on Hon. Sen.
Chimbudzi’s motion on tick borne diseases. This motion is important in that domestic animals are now dying. Actually us in Regions 4 and 5 experience drought most of the time. People rely on beef but because of diseases, we are now running out of cattle. As representatives, we debate to remind each other so that people can be helped to dip their cattle. What is the problem with the chemicals for dipping livestock? We requested the responsible Ministry to provide dipping chemicals and if those chemicals are made available, it must be made sure that the chemicals are not abused because sometimes there are reports of abuse and livestock end up dying.
We rely on beef for fees, now a lot of our children are no longer going to school because we have run out of livestock. These days our males are dying early because they are stressed due to deaths of their livestock, only women are surviving. When children bring livestock back into the kraals in the evening, the fathers will be watching and smiling but become stressed when the livestock die and they also die. So it is important for the cattle to get the necessary dipping chemicals to protect them from tick borne diseases. Cattle are assets for they are used as lobola payment. Traditionally, when the Chief was in charge, no one was be allowed to talk if they did not own a beast, even at dances only those with beasts would be allowed to dance. So beasts are important and this motion is important because our livestock is diminishing.
As of now, they have been affected by drought and they are very thin. Most of our people are not happy and this stresses our elders. Let us buy chemicals for our dip tanks and take them to the people so that they realise that they have representatives and this is leadership. This is why they chose us to be their representatives.
I do not have much but this is a very important motion and I thank Hon. Sen. Chimbudzi for that motion. When there is drought people will slaughter their beasts in order to buy food but right now the beasts are in a poor state. I thank you Mr. President.
HON. SEN. CHIMBUDZI: Mr. President, I move that the debate do now adjourn.
HON. SEN. TSOMONDO: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
REPORT OF THE 139TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Ninth Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union (IPU) held in
Geneva, Switzerland.
Question again proposed.
HON. SEN. MUZENDA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
UPGRADING OF TOURIST FACILITIES IN KARIBA
Tenth Order read: Adjourned debate on motion on the strategic role of tourism to the country’s economic development.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I also add my voice to this motion which was moved by Hon. Sen. Gumpo and his seconder. I will dwell mostly in general about wildlife because what affects Kariba, if we are talking about wildlife also affects any other area within the country that has got wildlife. Our wildlife is in problems all over the country and the numbers are affected on a daily basis yet our wild life is our source of economy. If ever we have these animals and not endangered as we see, we would find that on the tourism sector, everywhere where there is wildlife that would increase foreign currency within the country. Mr. President, that is not the only thing that our wildlife does. You will find that there are photos which are taken by tourists and trophies that we sell out of the country. However, we do not have all those things today because of what is happening in the country.
Mr. President, we have got challenges that we face in this department of wildlife. We have got a lot of poachers who are a threat to our wildlife because some of them have got technical skills which are beyond the reach of many people. These poachers can even kill people if you dare go nearer because they have got guns to kill with silencers. Some of the poachers make use of snares. If you visit our areas, you find out that snares will be all over and animals are being killed.
Whenever some of our people see a wild animal moving, they do not see anything better than meat in it. They do not even consider the monetary issue within the presence of those wild animals. Some of these poachers poison our animals, especially the elephants with cyanide and they die and they take away the tusks to sell them privately. Our wildlife is not safe in Zimbabwe.
I will look at the solutions that we have to consider; Firstly, there should be stiff penalties on whosoever is found guilty. If I was the one to judge these people, their sentences would start from 10 years and above. Anyone who engages themselves into poaching has to take a long period in prison or even die there because they are threatening our wildlife. Nowadays, most of our children in other parts of the country have never seen a hare, they just know it at school where they are taught or on television but never alive. We are leaving a very bad legacy for our children.
In addition to the solutions, I think there is need for Parks and
Wildlife Department to be capacitated. This department does not have resources at all. Even if you report an animal being killed, they do not have transport and even ammunition to scare the poachers who are killing those animals. This becomes very difficult. Our animals have to be protected in one way or the other because we need them. There is need for massive education on wildlife so that we leave a legacy for the future generation.
It is the duty of everyone to guard our wildlife jealously, not forgetting to engage our traditional leaders so that it becomes a duty of everyone to protect those few animals which still exist. The trend continues and we will end up not having wildlife within our country.
With these few words Mr. President, I would like to thank you – [HON.
SENATORS: Hear, hear.]
HON. SEN. GUMPO: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 14th February, 2019.
MOTION
DEVOLUTION OF POWER
Eleventh Order read: Adjourned debate on motion on the call for devolution.
Question again proposed.
HON. SEN. MWONZORA: Thank you Mr. President. I wish to
close the motion. I wish to thank all Hon. Members who contributed to this very important motion. Generally, the debates in this august House have been refreshingly robust, mature, peaceful and free of rancor and acrimony. It is a complete opposite of what has been happening in the Lower House – [HON. SENATORS: Hear, hear.] – where some Hon.
Members have gone to an extent of threatening each other with death. That personalised acrimony allowed to take precedence over robust debate is a disservice to the electorate – [HON. SENATORS: Hear, hear.]
The debate on this motion showed that Zimbabweans across the political divide are agreed on the need for devolution. Indeed, devolution is the clear answer to uneven development that comes as a result of the unhelpful and anachronistic practices of tribalism, regionalism and even racism. By ensuring that communities take part in determining the development priorities of regions, devolution leads to inclusivity and democracy. It will therefore lead to development, peace, love and harmony in our country.
While thanking Hon. Members across the political divide, it is important to stress that Zimbabweans must never be enemies to each other. We must jettison the politics of hate, intolerance and polarisation and replace with the politics of rational disputation and tolerance – [HON. SENATORS: Hear, hear.] – We must teach our people across the political divide that they must now reason, thus my enemy is not
Mujuru, Mangoma, Chamisa, Khupe or Mnangagwa. My enemy is;
- Poverty and misery;
- Underdevelopment;
- Unemployment;
- Discrimination and deprivation;
- Dictatorship and selective application of the law;
- Use of food as a political weapon;
- Vandalism of national and personal assets;
- Disrespect of the rights of others; Hate language and so on.
We must live in harmony. In coming together, let us be bold, courageous and let us be strong as a people. Our common objective should be to make Zimbabwe a peaceful, democratic, green commercial and economic hub of the African continent and the world. It is possible and it can be done. Thank you Mr. President.
I therefore move for the adoption of the motion that this House –
RECALLING that during the historic constitution making process and the subsequent constitutional referendum in 2013, the people of Zimbabwe unequivocally endorsed the principle of devolution of power and the transformation of the Zimbabwean State from a two tier to a three tier state;
NOTING that our Constitution makes provision for the election of
Provincial Councils as well as the specific manner of the elections of the
Provincial Council leadership;
ACKNOWLEDGING that the current Government has stated at least on paper that it is committed to implementing devolution in the current dispensation;
RECOGINISNG the fundamental constitutional principle of the sovereignty of the people and the important fact that devolution is widely regarded by Zimbabweans as the answer to uneven regional development in the country;
ALSO RECOGNISISNG that the people of Zimbabwe elected their Members of the Provincial Councils on 30th July, 2018 which
Members are yet to be sworn into office:
NOW THEREFORE, calls upon the Government to-
- Urgently bring a Bill to provide for the Devolution, inter alia to provide for the key administrative and other processes in the Provincial Councils including the election for the heads of those Councils within two months.
- Abolish the post of Minister of State for Provincial Affairs as they compromise the full implementation of devolution of power;
- Swear into office all the members of the Provincial Councils immediately and define their conditions of service and other mechanisms to make them more functionally efficient;
- Provide budgetary support to the Provincial Councils Motion put and agreed.
MOTION
CASH SITUATION IN THE COUNTRY
Twelfth Order read: Adjourned debate on motion on the call to
solve the cash crisis in the country.
Question again proposed.
*HON. SEN. MURONZI: Thank you Mr. President for affording me the opportunity to add my voice onto this motion moved by Senator Shoko and his seconder. I am not going to talk much because a lot has already been said. Even up to today, people are facing the same problem of access to cash. The cash crisis is still there and queues are still visible at the banks and cash is hard to come by.
I am going to deal with the paragraph that is concerned about ‘the introduction of the bond notes has failed to improve the cash crisis’. That is where the crux of the matter is Mr. President. If that is the position, cash is still hard to come by. What solution do you have? People are suffering? Mr. President, I have reason to simply say that in the Eighth Parliament when the bond was introduced at the rate of 1:1 with the United States dollar, Governor Mangudya was categorically told in Bulawayo that this introduction of 1:1 of the United States dollar to the bond was a none starter. Some people supported it, others criticised it. Governor Mangudya is on record saying that it will work.
If it does not work he will resign. I rise here to ask Governor Dr. Mangudya to live up to his promise that he will resign because things have failed to work. I thank you – [Laughter.]
THE TEMPORARY PRESIDENT OF SENATE: I have also
laughed. Is there any Member of Parliament or a Senator who has failed who wants to resign in this august House? No one is interested in that.
Thank you for making some lighter moments of it.
HON. SEN. SHOKO: Mr. President, I stand to wind up the motion. Mr. President, this motion, I remember when we were debating it the situation was dire as it is presently. You go to the banks, you do not get money and it looks like when we were debating, the Minister of Finance and Economic Development was with us here and we expected him to improve the situation but it looks like the situation has remained the same.
Mr. President, sometimes I get confused when we wind up these motions to say, do Ministers then look at them or we wind them up here and we forget about them. If we are winding them up here and then forgetting about them, it means to say I will have to bring it back for the second time because the situation has not improved outside. The issue that we are talking about has not improved outside.
When we talk about the bond and the United States dollar presently, if you go along, I think it is Five Avenue and Simon Muzenda Street, you get a lot of people standing there exchanging money. To me that is not a healthy situation. We should be getting the money from the banks. It therefore means to say, Mr. President, the situation has not improved and those that are in the administrative arm of Government, in the Executive, can they not deal with this situation so that we find everything operating properly because presently, when you go into a shop, you are told if you have got bond notes, you pay 50 bond, if you have got United States dollar, you pay US$12, if you have got RTGs, you pay another amount, but Government is standing up and saying look, the currencies are equal.
I get confused because in our situation, what we must understand is
when we do these things, we are not doing them for ourselves, we are doing for the population that voted for us. So what is simply happening is we are singing different choruses. The Government is singing another chorus and the people are singing another chorus; which confuses everyone. So, Mr. President, when I am winding up this motion I will kindly ask that the Minister of Finance and Economic Development look at this matter. I therefore move that the House to Adopt my motion.
THE TEMPORARY PRESIDENT OF SENATE: Before I
move for adoption, you mention something very important that what is the value in doing all these debates and spending all afternoon in this Chamber. When we debate, the person who is supposed to address, appointed by the President to be a Minister, proudly being a Minister of a particular Ministry, should come at least and say something.
Now we are debating and closing and so what. In the last
Parliament before the elections in July, those who were Members of Parliament remember, we agreed at one time that we will not close any motion even if it is on the Order Paper for such a long period until the Minister comes to respond to issues that were raised. Now we have entered another session of Parliament and Ministers are now also not responding. Of course one stumbling block is the Standing Rules and Orders which says if a motion remains on the Order Paper for 21 sitting days, it then has lapsed. I think we need to look at it. This is no longer effective. I think I will talk to Mr. Gandiwa. I am also in the Standing
Rules and Orders Committee, but I think we need to relook at this issue. It really makes Parliament just as you call it, some nice place to be, talk and go to sleep. I think this is the real problem and we need to change that attitude. I also want to comment on the issue that the Gorvenor should resign.
Now when there is a motion and if you look at the motion, the one that we were just debating, the mover never said that the Governor should resign – that is the problem. So before you make a recommendation, please read what the mover said at the end, he did not talk about resigning but merely said, ‘NOW, THEREFORE, calls upon the Executive to urgently find ways of improving the cash situation in the country.’ He did not add that the Governor should resign.
Sorry I am just talking about the motion before I ask for its adoption. We are adopting the section, ‘NOW, THEREFORE, calls upon the Executive to urgently find ways of improving the cash situation in the country.’ We are now adopting this motion and asking the Government to resolve the issue – that is what the mover of the motion wrote. We shall remove this one and enlighten each other so that we become knowledgeable. So I will now rise.
HON. SEN. SHOKO: Mr. President, I stand to move for the adoption of the motion that this House-
NOTING the debilitating liquidity crisis facing the country;
CONCERNED that the introduction of Bond Notes has failed to improve the cash crisis;
AWARE that the cash crisis has affected procurement of essential goods and commodities that drive our economy;
NOW, THEREFORE, calls upon the Executive to urgently find ways of improving the cash situation in the country.
Motion put and agreed to.
On the motion of THE MINISTER OF STATE FOR
MIDLANDS PROVINCE (HON. L. MAVIMA), the Senate adjourned
at Twenty-one Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 14th February, 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
ADVERSE REPORTS RECEIVED FROM THE PARLIAMENTARY
LEGAL COMMITTEE
THE HON. PRESIDENT OF SENATE: I have to inform the
Senate that I have received Adverse Reports from the Parliamentary
Legal Committee on the following;
- Statutory Instrument No. 247 of 2018, Agricultural Marketing
Authority (Command Agriculture Scheme for Domestic Crops, Livestock and Fisheries Production) Regulations, 2018, published in the Government Gazette during the month of November, 2018.
- Statutory Instrument No. 148 of the 2018, Vungu Rural District Council (Environmental By-laws) Regulations, published in the Gazette during the month of August, 2018.
- Statutory Instrument No.253 of 2018, Civil Aviation (General Procedures and Enforcement), Regulations, 2018, published in the Gazette during the month of August, 2018.
- Statutory Instrument No. 255 of 2018, Civil Aviation
(Instrument Flight Procedures) Regulations, 2018 published in the
Gazette during the month of August, 2018 and
- Statutory Instrument No. 271 of 2018, Civil Aviation (Remotely Piloted Aircraft) Regulations, 2018 published in the Gazette during the month of August, 2018.
INVITATION TO ATTEND WELLNESS PROGRAMME
THE HON. PRESIDENT OF SENATE: I have to inform the Senate that Parliament of Zimbabwe Health Services Department will hold a Wellness Programme in partnership with PSMAS on the 4th to 5th March, 2019. The programme will be held in the Courtyard from 0930 hours to 1530 hours. All Members are invited to attend.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF THE SENATE: I have received
apologies from the following Ministers;
- Prof. M. Ncube - The Minister of Finance and Economic
Development.
- Advocate F. Chasi - The Deputy Minister of Transport and
Infrastructural Development.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. SHOKO: On a point of Order Madam President. There are questions that we have been reserving for Ministers that are not coming to the Senate to answer questions. Can you help us so that they come and deal with the questions because what I have observed is the Ministers who were there last week are the ones who are here. You will find that we have already asked them most of the questions and may not be having questions for them but those who did not attend Senate last week also did not attend the other week and they are not here today.
Madam President, it becomes a problem. I know you will say that you will ask the Leader of the House but sometimes you will find that …
THE HON. PRESIDENT OF SENATE: Why are you putting
words in my mouth?
HON. SEN. SHOKO: I withdraw those words from your mouth Madam President but I am simply saying, we will pose questions to the
Leader of the House but we wanted the experts in those particular areas. We believe the Minister who is there is the expert, so when we pose questions to him/her, he/she will give us an up to date statement or facts on what we would have asked. The Leader of the House will …
THE HON. PRESIDENT OF SENATE: Order, order, thank you
Hon. Senator, I think I hear you and also support what you are saying.
Since Hon. Minister Ziyambi, who is the Leader of the House is here, I also complain as the one who leads this House.
It seems as though ministers are looking down upon this House – [HON. SENATORS: Hear, hear.]- We have seen Ministers filling the whole front bench in the National Assembly but when it comes to Senate we see one or two Deputy Ministers which is not fair. I think the whole
Senate is complaining about this. – [HON. SENATORS: Hear, hear.] - Hon. Minister Mutsvangwa having walked into the Chamber.
I can see Hon. Minister Ziyambi in the House and the Hon. Minister of Information, Publicity and Broadcasting Services has just walked in of which we have been complaining about that ministers are not coming but we are seeing one or two walking in. May we have Questions Without Notice Hon. Members?
*HON. SEN. KHUPE: Thank you Madam President for giving
me this opportunity to pose my question. My question is directed to Hon. Minister Ziyambi, there is an issue concerning emoluments i.e. the sitting allowances that are paid to board members after sitting. Is there a policy that demarcates the amounts paid to board members as some can be getting $100.00 and others $1 200.00?
In the Disability Board where I once sat, when they sit, they are given $80.00. Is this a policy that is based on discrimination or what? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President, the way the question was posed is that he wants to know whether or not there is discrimination based on racial grounds or tribal lines concerning sitting allowances.
The Government policy states that everyone is entitled to a sitting allowance but it differs on deciding the amount to be paid. I would prefer if the Hon. Senator brought forward evidence to say that members of the board are paid different allowances. It would need us to investigate but the policy is that board members are paid those emoluments. I also request that the Hon. Senator puts his question in writing and I will forward it to the Minister of Public Service, Labour and Social Welfare for her to give a more comprehensive response. I thank you.
*HON. SEN. CHIEF CHIKWAKA: My question is directed to the Deputy Minister of Defence and War Veterans…
*THE HON. PRESIDENT OF THE SENATE: Order, order, he
is the Minister of Defence and War Veterans.
*HON. SEN. CHIEF CHIKWAKA: My question is directed to
him - is there legislation in place concerning liberation heroes acres in districts and also the upkeep of these grave sites? We face challenges when there are commemorations of heroes’ holidays because sometimes the graves are dilapidated and others have sunk. It is a pitiful sight. Is there a policy that allows these grave sites to be well maintained and kept because these liberation war heroes fought a good fight for the liberation of the county?
*THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): Thank you Madam
President. I want to thank the Hon. Chief for the question. The policy is there but the ministry that deals with it is the Ministry of Home Affairs and Cultural Heritage. I think that it will be able to give a more comprehensive response.
We are also concerned that the liberation hero grave sites are not being well maintained but it is not within our Ministry’s jurisdiction but under the Ministry of Home Affairs and Cultural Heritage.
*THE HON. PRESIDENT OF SENATE: Now I understand
why the Hon. Chief said the Minister of Defence and War Veterans because he wanted you to concentrate on the war veterans aspect. So thank you for that answer.
*HON. SEN. WUNGANAYI: My question is directed to the
Leader of the House because the relevant Minister is not available. The rural areas where I come from, is it Government policy that when food aid is distributed, we find that others are discriminated on the basis of political lines and do not get any food. My question is now that we have a pending drought and the rural areas are more prone to hunger and poverty, what policy is in place to assist those who will not benefit from the food aid in the rural areas? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE
MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL
WELFARE (HON. DR. NZENZA): Thank you Madam President for
the question that he posed. It is a question that is posed each and every week.
The Minister of Public Service, Labour and Social Welfares explains each and every week and it is surprising why that question always re-surfaces because she clarified on Government policy. Government has put measures in place that people should not die of hunger. The Department of Social Welfare works with structures within the Government and not political structures. They work with chiefs and those in the Wards - they do a vulnerability assessment. So when there is a drought, they have different measures such as food for work and for those who are not able bodied, they have different measures and even for the child-headed families. If he is aware of people who have not benefited from the food aid programme because they are members of ZANU PF, he can bring the list forward and we will investigate to see what will have happened. The Ministry will investigate this.
*HON. SEN. WUNGANAYI: Madam President, when we come
into this august House, we come as representatives of the people. I believe that what I am talking about is something that I read in a report that we all read in this august House, that food aid in rural areas is being politicised. When the Minister is responding, he should respond as a person who is well travelled and knows what is happening....
*THE HON. PRESIDENT OF SENATE: May you please ask
your supplementary question Hon. Member.
*HON. SEN. WUNGANAYI: I will ask the question but I just want to explain that these things are happening. The people who are causing this discrimination are people in this House. They are coming with information and giving village heads instructions. We are leaders and we should be leaders. Whatever we say in this House is what we should do.
*THE HON. PRESIDENT OF SENATE: Hon. Member, please
go straight to the question or else I will request that you sit down.
*HON. SEN. WUNGANAYI: My question is, who are the
people who give instructions to those who distribute food aid that they should give people food aid in a discriminatory manner. Is it the councillors or village heads?
*HON. ZIYAMBI: I understand his background and concern but that is not really bringing out his point. I stated the Government policy which says that everyone should get food aid but now he is asking why I gave that Government policy. I do not know what else he wanted me to say.
I said that if he is aware of any area where people were denied food aid on partisan basis, he should bring that list and we will take it up. If he does not do that, I do not know how he expects me to explain.
Government does not look at you in terms of race or colour. It gives aid to everyone. I thank you.
*THE HON. PRESIDENT OF SENATE: Thank you for that
response. As Leader of the House, I know you are representing the Minister of Public Service, Labour and Social Welfare. I request that you also check with the Minister so that you give us a more comprehensive report whilst the Hon. Member also does his homework.
*HON. ZIYAMBI: We have not been told where this is happening. What it means is that we have to go right round Zimbabwe.
*THE HON. PRESIDENT OF SENATE: You will then have to
look into the system.
*HON. ZIYAMBI: The system is in place but if there are any discrepancies that he is seeing in different areas, he should submit the information and we will address that.
*HON. SEN. TSOMONDO: My question goes to the Leader of the House since the Minister of Local Government is not present. I would like to ask a question concerning local government housing. Looking at City of Harare, there are people who have stayed in council houses for 40-60 years. These people are receiving eviction orders. These people are old and cannot get stands and start to build houses but they are being evicted.
What is Government policy on people who have occupied these houses for so many years? They should be protected so that they stay in these houses. Those who stay in Norton are over 40 years and they worked for the City of Harare but they are being evicted....
*THE HON. PRESIDENT OF SENATE: You had asked a good
question concerning local government but now you are giving specifics pertaining to Norton.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): All councils are
not run directly by the Government but they are run by the local authority. City of Harare runs Harare. I will take this to the Minister of Local Government so that he explains what is happening and maybe to put some measures in place to ensure that these people are protected and are not evicted from their homes.
*HON. SEN. CHIEF CHARUMBIRA: My question is directed to Hon. Minister Matemadanda. What is Government’s policy on people who assisted during the war – the collaborators? They used to cook and they were tortured during the liberation struggle. When these people die, there is no assistance that is given. They are dying and nothing is being done. What does the policy say concerning these people?
*THE DEPUTY MINISTER OF DEFENCE AND WAR
VETERANS (HON. MATEMADANDA): It is true that there is a category of people who assisted as war collaborators whose homes maintained bases for comrades. If we were to go back a bit, both ZANU and ZAPU at some period did not receive any food. There are people who took it upon themselves to feed the liberation fighters and the comrades. Some are in surrounding countries. People have questions as to when they will also be recognised. The policy in place only looks at two categories which are the combatants, detainees and restrictees. The amendments that are being done currently are bringing in other categories of the liberation struggle. I cannot rush to say what is going to be in the document but I think the issue that has been brought by Chief Charumbira is an issue that needs to be considered. These are important people who have been left out when legislation is made but when amendments are done to the policy, as a Ministry we will implement what will be in the policy. Currently, those people have been omitted from the existing policy. I thank you.
*HON. SEN. CHABUKA: Thank you Madam President. My
supplementary question goes to the Minister of Defence and War Veterans. As has been said, these people are dying. Can you give us a timeframe to say when this will be in place because you are just saying it will be done? Last year you said it will be done. When are you going to do it so that they start also benefiting when it is done? I thank you.
*HON. MATEMADANDA: Thank you Madam President, I
thank the Hon. Senator for this question. We cannot do any vetting if there is no policy that recognises that category. How can we vet them and as who? Hon. Sen. Chief Charumbira talked about areas or home where people used to cook. The war collaborators have a policy that covers them but if those people fall under war collaborators they will fall under that category. I heard that this is a different category and there are people in Mozambique, Botswana, Zambia and South Africa. Those are people who were mentioned. I am saying the policy is not yet there. He asked a question as to when they will be vetted. If the policy is not yet there, you cannot vet them because there is no basis or guidelines on the vetting process. What I am suggesting is that they should also push that the policy comes into effect soon so that they are vetted and they also benefit. Currently, there is no policy.
*THE HON. PRESIDENT OF SENATE: The policy is not yet
there but I think what they want to know is that you are the one who brings the Bill to Parliament to go through the legislation and pass it to assist these people.
*HON. SEN. CHABUKA: Thank you Madam President. My
question is directed to the Leader of the House because the Minister of Mines is not available. Minister, we have a challenge of small scale miners who are perishing in the mines. Now and again, we are told that artisanal miners are dying when mines collapse as they try to make a living. Are there any measures that you are taking or that are in place to protect these small scale miners? Currently, news is saying that we have 32 to 35 who have perished when a mine collapsed. What policy do you have in place to protect these miners?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President, I would like to thank the Hon. Member for that question. There was a mine that collapsed at Battlefields in Kadoma after a dam burst and water flooded the mine and they drowned. What is happening now is that they want to try and drain the water to check if there are any who are still alive. The Ministry of Mines is in the process of capacitating small scale miners to work in groups or syndicates and they will be given equipment to ensure that their mining becomes safe. I am sure that Parliament is aware of the Mines and Minerals Bill that was brought back to Parliament. It will also touch on the artisanal miners and regulate the conduct of artisanal miners so that they can mine safely. The challenge with artisanal miners is that even when they are told that there is danger they continue to mine in those mines. For example Eldorado Mine in Chinhoyi, they go there at night despite the fact that the mine has been condemned. They also need awareness that if you go underground in such mines it is not safe. But, there is something that is being done about it.
*HON. SEN. WUNGANAYI: My question to the Minister is that
when these mines close, is there no one who guards those areas since this makes it easy for people to come at night and go underground?
*HON. ZIYAMBI: Thank you Madam President and I thank the Hon. Sen. for the supplementary question. When these areas close, they are well secured to ensure that no one enters but you know the country we live in, a lot of corruption is taking place and they can pay the guards then later on when there is a challenge that is when you get to know what is happening. So now, as we are in the process of putting in place measures to ensure that they mine safely, they cannot wait. They want to go and embark on mining activities despite the dangers concerned.
*HON. SEN. CHIRONGOMA: Thank you Madam President.
My question was supposed to be directed to the Minister of Local Government but in his absence, I will redirect my question to the Leader of the House. We have had a challenge of transport and now we have buses in the urban areas. I want to ask whether there are any measures in place for the rural areas in terms of transport. If they are going to bring buses, do they put into consideration the fact that we have people with disabilities in those areas and the buses should be structured such that they can accommodate them?
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President for that pertinent question from Hon. Sen.
Chirongoma. I think on the issue of rolling out the transport system on buses, the Minister clarified as to why we started with the urban areas.
It is because the commuter omnibuses were overcharging and refusing to carry commuters. So the Minister seated here requested ZUPCO to partner with other bus companies to get buses. This measure was rolled out in urban centres but it is going to be rolled out throughout the country, even in rural areas so that commuters are safe and pay reasonable fares. So, I will take it to the Minister of Local Government, Public Works and National Housing that there is a request that the buses should be user-friendly for people living with disability.
When our President went to Belarus, he was able to secure 500 buses, which we expect to be taken to various provinces, especially in rural areas to ensure a reliable and safe transport system to our population.
HON. SEN. MAVETERA: Thank you Madam President. My
question is directed to the Leader of the House. We want to know the Government policy on schools which continue to send away pupils who would not have paid school fees and they lose out on what others would be learning.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI: Thank you
Madam President. I want to thank the Hon. Senator for the question. This issue always comes up on the policy of the Government regarding learners who are sent away for non-payment of fees. The policy of Government is that, no learner should be send home for non-payment of fees and they should not be denied their examination results for the same reason. This is a matter between the parents and the school and learners should not be disadvantaged because of non-payment of school fees. However, because this is a recurring question, which is not specific to our policy as Government, perhaps the Hon. Senator can bring the specific names of schools which are turning away learners for nonpayment of fees so that the responsible Ministry can investigate and corrective action is taken.
HON. SEN. MAVETERA: I think it is not this year, it is always recurring and the Hon. Minister is quite correct. So, when it keeps on recurring, it means us, as Government are probably not doing what we should be doing because we know that the custodians of all minors is the Government and you are the ones who are actually implementing all these policies. When it keeps on recurring, we have never heard a situation where an example was set. Each time when schools open, children lose out and even after they have paid their fees, they are not compensated for the time lost. So, I think it is something which really needs to be addressed holistically because it is happening countrywide. I think we need to take this seriously because Government is the custodian of all minors through the High Court. We need to take this seriously rather than to continue seeing this question coming back.
Thank you Madam President.
THE HON. PRESIDENT OF SENATE: I was about to stop you
because I need a supplementary question not statements.
HON. ZIYAMBI: Thank you Madam President. I want to thank
the Hon. Senator for the follow-up question and indeed, he is very correct to say that the Government is the custodian of all children. The
Hon. Senator is also part of Government by virtue of being a Member of this august House. It is also our responsibility on behalf of the Government to report those schools, even to confront them to say, why are you sending away the learners and report them to relevant authorities. Once you have reported and no action is taken, I believe it is within the jurisdiction of your duties as Hon. Members of Parliament to come here and put Government to task and ask why learners continue to be chased away from schools for non-payment of fees. Thank you Madam President.
HON. SEN. ENG. MUDZURI: Thank you Madam President.
My point of order is on Privilege of Parliament. I just want to wish everyone a Happy Valentine’s Day – [Laughter] – [HON. MEMBERS: Hear, hear.] – Let the Senate remember that our former Prime Minister passed on, on this date and we should remember him today. He was a good lover – [Laughter] – he died on Valentine’s Day.
THE HON. PRESIDENT OF SENATE: Thank you Hon.
Member for reminding us.
*HON. SEN. CHIEF NGEZI: Thank you Madam President. My
question is directed to the Minister of Justice, Legal and Parliamentary Affairs. Is there Government policy that says public prosecutors should get to a retirement age whilst serving at the same Magistrate Court or area?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President for the question. It is a pertinent question that the public prosecutor becomes so popular and stays for years in a particular court or area. It is not right, considering the work that they do. That is not Government policy for them to age within one area. That is the response that I can give. Thank you.
*HON. SEN. FEMAI: Thank you Madam President. My question
is directed to the Leader of the House because I realise that he is the one who can address issues pertaining to law. Madam President, there is a report that was published on farmers who sell tobacco; that peasant farmers have produced and brought in more tobacco than commercial farmers. My question is, since the peasant farmers are under the jurisdiction of the chief and have brought in so much foreign currency, can we not extend the traditional leaders’ jurisdiction to the farming areas in order to increase forex through tobacco farming.
THE HON. PRESIDENT OF SENATE: I am just wondering
how the chief’s bounderies and farming of tobacco are linked. Can you repeat the question.
*HON. SEN. FEMAI: My question is, if a person has done well, he is rewarded and if it is at work, he is promoted. So, the only way we can promote the chiefs is to redraw their boundaries so that the farming areas fall under the chiefs to avoid veld fires and ensure that there are more products coming from the farms in terms of tobacco.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I do not know if I understood the question. If I have interpreted it wrongly please assist me. I think resettlement areas are under the jurisdiction of the traditional chiefs. The current policy enables the resettlement areas and other settlements are under the jurisdiction of the traditional chiefs. So, I think the redrawing of boundaries was disrupted by the white man, but what we are saying is that the boundaries should be maintained, especially those pertaining to the boundaries chiefs have jurisdiction over.
HON. SEN. A. DUBE: Thank you Madam President. My question is directed to the Leader of the House. What is Government policy regarding the deployment of medical doctors at some district hospitals where there are no doctors? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I want to thank the Hon. Member for the question. The policy of Government is wherever possible and resources permitting, all our institutions should have a doctor according to the population. It should have medical personnel, doctors and nurses according to the population of that area, but the constraint that
Government has been having is resource constraints and also the skilled personnel to go to those areas. So, if those two areas are addressed as resources become available to have the medical personnel in all these areas, it is the policy of Government that they should be available in those areas. I thank you.
HON. SEN. CHIEF MATIPULA: My question is directed to the Leader of the House since the Minister of Home Affairs is not present today. We understand and see that our people are scared to travel. There are armed robberies happening on long distance buses each and every time. These things used to happen to buses going to South Africa. We would hear about it but now it is happening here in the country. Our people are scared to travel and they are also scared to sleep at night.
Armed robbers are coming into homes waking people up at 2:00 a.m., 3:00 a.m in the middle of the night armed to the teeth with guns and fire arms which we do not know where they are getting them from. What steps are being taken to ensure security for these people? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Indeed, this has been happening. Armed robbers have been robbing passengers and it is something of concern. If you listened yesterday the spokesperson of the police actually announced that some of the notorious robbers were caught and police are out there looking for them. It is something that they are aware of and action is being taken to ensure that our citizens go about their business in peace. So, it is something of concern that is being addressed and security road blocks and surveillances are being done. Some of them that have been robbing people since July last year were arrested and the normal course of the law will take its place. I thank you.
*HON. SEN. MURONZI: My question is directed to Minister Ziyambi. Minister, what is Government policy concerning employees who are appointed by the President, for example Dr. Mangudya? Dr. Mangudya introduced in the Eight Parliament 1:1 for the United States dollar and bond note and he said that if this does not work out he will resign. What does Government policy say?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFFAIRS (HON. ZIYAMBI): The Governor
does not come to Parliament, so I think he mentioned that in another sphere but policy says that the Governor of the Reserve Bank is under a contract for the first six years and renewable once after which he is relieved of his duties, but if he decides to resign he writes a letter to the President to resign stating that he has failed as a Governor, but if the President in his engagement with the Governor sees that he is executing his duty well, he allows him to finish his terms.
HON. SEN. MURONZI: Thank you Madam President, I think I did speak well. I wanted to say that we were in Bulawayo for the Pre- Budget Seminar. People said 1:1 does not work but he said it is possible. I was just correcting the statement that it was not in Parliament but at the Pre-Budget Seminar.
+HON. SEN. P. NDLOVU: My question is directed at the Leader of the House. Madam President, there are two schools that I know of.
One of the schools was built in 1947 and it had one block of classrooms.
During President Mugabe’s time another block was constructed. Children at the school have no desks and benches and they learn sitting on the floor yet there are timber mills in that area. My question is, what is Government going to do to assist this school. My second question is…
THE HON. PRESIDENT OF SENATE: It is very unfortunate I do not speak Ndebele but I understand what you are saying. You are talking of a particular school where during President Mugabe’s time there was a block that was built and students used to learn sitting on the floor. That is a particular question. Can you put that one in written form so that the Minister goes and researches what happened?
*HON. SEN. P. NDLOVU: Madam President what I am saying
is that there are two schools. I want to explain to the Minister so that he can give me a satisfactory response. There are two schools, one was built in 1947 and has one block – during the former President Mugabe’s era and there was just one block. The children learn whilst seated on the floor and do not have benches and desks yet there is a lot of timber that comes from that area. What are you going to do about it because this school was built in 1947?
The other question concerns a school in Mathabiswana that has one block. The Form Ones are facing the other way whilst the Form Fours are facing the other way…
*THE HON. PRESIDENT OF SENATE: Hon. Senator, I was
not wrong in what I was saying. There is need for the ministers to go and investigate what is happening. May you please put your questions in writing and write the names of those schools so that they investigate.
Thank you.
*HON. SEN. NDLOVU: Thank you Madam President.
Questions Without Notice were interrupted by THE HON.
PRESIDENT OF SENATE in terms of Standing Order No. 62.
HON. SEN. TIMVEOS: Madam President, may we please
extend the time for Questions Without Notice by 10 minutes? – [HON.
SENATORS: 15 minutes!] –
THE HON. PRESIDENT OF SENATE: Hon. Senator, you
have to propose first.
HON. SEN. TIMVEOS: I am proposing Madam President.
HON. SEN. SHOKO: I second.
HON. SEN. MAVETERA: Madam President, I concur on the
extension but I think that if we can put it to 20 minutes since most of the ministers are not present for the Oral Answers to Questions With Notice segment. I think we can utilize this time more productively. – [HON.
MEMBERS: Hear, hear.] –
*HON. SEN. HUNGWE: My question is directed to the Minister
of Justice, Legal and Parliamentary Affairs. Hon. Minister, what is Government policy concerning the Masters fee, when we lose our beloved ones? It used to be pegged at 1% and is now pegged at 4% which is too much and in the end the bereaved are in problems. Is there something that can be done in order to reduce the Masters fee because most families do not have anywhere to stay because their homes are now taken over by the Master in order to pay the fees? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I want to thank Hon. Sen. Hungwe for that pertinent question. It is a question concerning money that is charged by the Master for deceased estates. I will go and look into the issue to ensure that we reduce the fees. It is a good suggestion. I thank you.
*HON. SEN. CHIEF NEMBIRE: My question is directed to the
Minister of Justice, Legal and Parliamentary Affairs. What measures have you put in place in order to bring alignment to the customary laws in terms of the traditional courts yet the traditional court will have ruled that wealth should go to the in-law and the courts give a different verdict.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I want to thank
the chief for that important question. Yes, what he is saying is what has been taking place but we are in the process of looking into that issue together with the chiefs through the Traditional Leaders Act to see how we can align and harmonize the system using the Criminal Justice system. So that the role of traditional leaders is recognized and we revert to what it was before. I thank you.
+HON. SEN. PHUTHI: My question is directed to the Leader of the House who is also the Minister of Justice, Legal and Parliamentary Affairs. What is Government policy when someone openly confesses to murder? How long does it take for such a person to be arrested? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President for the question that was posed. The Shona language is very rich. I can stand up and say, Aaah, you have killed us with laughter or food. I need further clarity to the question please.
+HON. SEN. PHUTHI: My supplementary question is we need
to be honest with each other. I know you are used to using legal jargon for lawyers and end up telling lies. This person openly confessed to murdering people whom you do not even know maybe you know the people that he is referring to and choose not to tell us. We have people like Dzamara who disappeared and therefore request you to question this person on our behalf because maybe Dzamara was one of his victims.
My question is when are you going to question that person about the people whom he killed and also arrest him for the murders?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. The first question was if a person says that I can kill, what is done or rather I have killed, what is done to that person? I said that the Shona language is very rich and killing can be used in different contexts like, you can use in reference to laughing.
Now the Hon. Senator has said that the person said, ‘I killed people whom we do not even know’. It is now referring to a specific person but initially she asked that when a person says, ‘I have killed’, what is done to that person? As we are, should we want to take it the way she has said it, we will all become murderers. If the Hon. Members knows someone who has said that he or she has killed, that is when the police comes into effect because no one is above the law and no case is thrown away. The word ‘kuuraya’ can be used in different contexts
HON. SEN. MWONZORA: Minister, with the greatest of respect, the intelligence of Hon. Members must be respected. However, the supplementary question I would like to pose is; what happens when Hon. Members threaten other Hon. Members in this Parliament with death? What is Government’s policy on that?
HON. ZIYAMBI: When we are in this House and Hon. Members receive threats, we have procedures to deal with it and we have done that before. We can institute our own proceedings to set up a Privileges
Committee should it be brought forward that there is this incident where
Hon. Members are being threatened. This is something that this Parliament has always taken seriously. In the past, such matters have been investigated and I believe that we still maintain the same integrity and investigate issues where members are threatened as we believe we should not threaten each other with death and we should respect each other and use the proper language when we are communicating with each other.
*HON. SEN. RAMBANEPASI: My question is directed to the
Minister of Local Government, Public Works and National Housing. Thank you very much for the cleanliness that has been effected in the city centre. There are widows that have sent their children to school by vending. The headmasters, offices workers and doctors have been educated with money from vending. The vendors who were removed from the streets were told that it was unhygienic and undesirable. How are they going to earn a living? Most of these vendors are widows because a woman with a husband who drives a Mercedes Benz does not vend on the streets. Widows are the most affected.
The Minister of Local Government, Public Works and National Housing should ensure that he looks into the issue and relocate these people so that they can earn a living.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): In the past few
months, there was an outbreak of cholera and the local government together with the Government realised that there was need to make a decision as to whether they should continue their vending activities or to relocate people to more conducive areas.
The issue of cleaning up the urban areas was to ensure that cholera does not end up affecting the whole population. If cholera affects even the widows that you are talking about, they will also die but the current measure is that the council and the local Government is coming up with sites to relocate these vendors. The Minister of Local Government will look into it, I will urge him to expedite this measure to ensure that people can continue their vending activities in more conducive environments in order to look after their families.
HON. SEN. TIMVEOS: My question is directed to the Leader of the House. We have children who got Government scholarships and are studying in Russia. These children have embarrassed this country. They have got a twitter account.....
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN.
CHIEF CHARUMBIRA): Order Hon. Timveos, we have just
extended time and we have got four or five Hon. Members who would like to ask questions. Let us be very brief so that others can also come in.
HON. SEN. TIMVEOS: Thank you Mr. President. These children that have been awarded scholarships all over the world do not have money for food. They are suffering. Some of them are now prostituting. What is the Government’s plan on those children?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I would like to
thank the Hon. Sen. for the question on the welfare of our students who are dotted across the globe. Government’s policy is that wherever possible, students are given scholarships to go and study – they should be given money to ensure that their welfare is catered for. If there have been delays in disbursement, it is an issue that the relevant Ministry will have to look up and make sure that our students are taken care of adequately wherever we have sent them.
*HON. SEN. RWAMBIWA: My question is directed to the
Leader of the House, Hon. Minister Ziyambi. We have slow learners in school and these are put in one special class which is composed of children from grade 1 to 7. Will these children be able to read at different levels? My wish is that they could be trained in skills that can assist them in life. My request is that you address the matter to ensure that they have a future.
THE TEMPORARY PRESIDENT OF SENATE: This
afternoon you have raised the Leader of the House to become a Prime Minister because he is now answering for the whole Government. I believe that this issue is too technical. It would be unfair for him to be a lawyer, teacher or to know whether this classroom is appropriate or whether this slow learner should be in this class. I feel that is a bit too much and that is too technical but still I will ask you to write.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President, I appreciate your response which is exactly what I was going to say; to say that this is a technical and specific issue which I would perhaps request that if you put in writing we can investigate why that is happening. Our understanding is that with the new curriculum, it should cover all slow learners and categorise them. May be if you can put it in writing so that I can refer it to Hon. Prof. Mavima and a more detailed answer as to the reasons perhaps, in their wisdom that is precisely what they want those learners to learn in that environment. So put it in writing, I thank you.
THE TEMPORARY PRESIDENT OF SENATE: I am advised
it is time up but I will allow the two questions with the consideration that you will be very brief.
HON. SEN. CHABUKA: Thank you Mr. President. My question
was supposed to go to the Minister of Industry and Commerce but he is not in the Senate. I am now referring it to the Leader of the House. Minister, it is now long overdue about industries, some of the companies closed long ago like Board and Paper Mills which is where I come from in Manicaland. Are there any measures put in place to reopen those companies for the sake of our children to go to work?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President, I want to thank the Hon. Sen. for a very good question about opening up our companies, which is exactly the policy of Government to ensure that we open up the country for business. The only challenge that we have with the majority of the closed companies is no longer about opening but the equipment that is there is now obsolete and we need new equipment so to speak. So the thrust now is to open the companies with new modern equipment that is cost effective.
You realise that if the company that you are talking about if it is to be opened with the equipment that is there, the cost of production will be very expensive compared to the high-tech equipment that is available at the moment. So, Government’s thrust is to engage investors so that we can also get the equipment that is in line with the modern technology that will ensure that the cost of production is low and the goods will get to the consumers at a reasonable price. I thank you Mr. President.
HON. SEN. CHABUKA: Leader of the House, in Manicaland there are some companies which are mining diamond in Chiadzwa. Why can you not push those companies to assist to reopen the closed companies?
HON. ZIYAMBI: Thank you Mr. President. A company is a private business entity and as such, when a company is mining diamonds and somebody is in the business of timber; to come to me I am mining diamonds to say, assist another private company to open up their business, ordinarily when you are in business you want to maximize profit and minimize losses. So when you come to me and say you are in business but put your money there, the logical question is - what is it in for me. As a Government, we put the necessary environment to ensure that investors who see potential in a particular company will come and say we are prepared to invest in this company because we are pretty much sure that we will have returns for our investments. This is the kind of environment that we are trying to do. We are trying to change even our laws to ensure that they are investor friendly. We are going out to make sure that even the property rights are respected and we will bring several changes to our legislation to ensure that all those who want to come invest, to bring their money will feel that their money is safe in Zimbabwe. We cannot then go to company J and say go and invest in this company it is not appropriate. I thank you Mr. President.
HON. SEN. MOHADI: Thank you Mr. President. My question was supposed to be going to the Minister of Finance and Economic Development but I will now direct it to the Leader of the House. My question is - how is recruitment of ZIMRA officers done and what requirements are needed? You find that those who are at the border towns, you just see people flowing like the Limpopo river and being employed. The advertisement is not seen anywhere and they seem to be sidelined. I thank you.
THE TEMPORARY PRESIDENT OF SENATE: Hon. Senator
Mohadi, it sounds a very specific question. Recruitment procedures, they are contained in some documents somewhere and it would be better if the question were to be in writing so that the Minister of Finance can go through that document and probably present a more detailed response. The risk now is that the Minister may respond but he will just generalize because he has nothing to refer to in terms of recruitment in ZIMRA for that matter. Even in his own Ministry, if you ask him - how do you recruit, he does not recruit but will still go and consult with the officers. So, with all the kindness I know in you, may you be kind to the Minister and ask him to put it in writing. The Minister may want to adventure into it.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I do not want to,
you have fully articulated, thank you Mr. President.
The Minister of Home Affairs and Cultural Heritage having arrived after question time.
HON. SEN. TIMVEOS: On a point of order Mr. President Sir.
THE TEMPORARY PRESIDENT OF SENATE: What is your
point of order?
HON. SEN. TIMVEOS: Thank you Mr. President Sir, to tell you
the truth, the Ministers should respect the Senate. I do not think we would bombard the Leader of the House if all the Ministers were here.
So, I am going to ask you, with all due respect Mr. President, for the Ministers to come so that we can ask questions. I thank you.
THE TEMPORARY PRESIDENT OF SENATE: Thank you. I
think at this stage, we should go back to what I said earlier that the Minister of Justice, Legal and Parliamentary Affairs has really been overworked and overloaded this afternoon. He acted for all the
Ministers; he has actually been a quasi-Prime Minister this afternoon. So we must just thank him for the good attitude that he displayed by attempting to respond to every question. Can we give him a hand – [HON. SENATORS: Hear, hear.] – [AN. HON. MEMBER: Inaudible
interjections.] – It is safe for me to say Acting Prime Minister because that post does not exist anywhere in the Constitution.
Questions Without Notice were interrupted by THE TEMPORARY PRESIDENT OF SENATE in terms of Standing
Order No. 62.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, I
move that you defer all the questions with notice.
THE DEPUTY MINISTER OF HOME AFFAIRS AND
CULTURAL HERITAGE (HON. MADIRO): Thank you Mr.
President. I want to apologise for coming late to this august House. We are not ready with the response for question 15 on the Order Paper.
THE TEMPORARY PRESIDENT OF SENATE (HON. SEN.
CHIEF CHARUMBIRA: Thank you. That means all the 24 questions
have to be deferred.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the Senate
adjourned at Four o’clock p.m. until 5th March, 2019.
PARLIAMENT OF ZIMBABWE
Tuesday, 11th February, 2020.
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
COLLECTION OF ICT TABLETS
THE HON. PRESIDENT OF SENATE: I wish to inform all
Hon. Senators who have not yet collected their ICT tablets to do so.
Officers from the Information, Communication Technology (ICT) Department who are distributing these ICT tablets are stationed in Room Number 311, third floor.
ACCESSING OF DOCUMENTS RELATED TO PARLIAMENT
BUSINESS
THE HON. PRESIDENT OF SENATE: I also wish to advise
Hon. Senators that as from Tuesday, 18th February, 2020 onwards, Votes and Proceedings and other documents pertaining to Parliamentary Business will be sent electronically for access from their ICT tablets. –
[HON. SENATORS: Hear, hear.] –
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: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th February, 2020.
MOTION
REPORT OF THE DELEGATION TO THE 45TH PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Second Order read: Adjourned debate on motion on the report of the delegation to the 45th Plenary Assembly of the SADC Parliamentary Forum, held at the Joachim Chissano International Conference Centre in Maputo, Mozambique.
Question again proposed.
*HON. SEN. TIMVEOS: Thank you Madam President.
Compliments of the season to you and all Hon. Senators.
I would like to thank Hon. Sen. Mohadi for moving this motion, including the delegation which accompanied her to Maputo,
Mozambique. SADC is a very important Forum where important issues are discussed, which issues also help our country. When she moved this motion, she was worried about the issue of our subscriptions as a country that we are lagging behind. She urged Government to be up to date because other countries are managing to pay their subscriptions. Payment of these subscriptions helps us to continue to attended such fora where we learn a lot of things which we will also teach others.
We learn a lot of things at such fora because we meet other
Members of Parliament from different countries where we share ideas. So I would like to thank Hon. Sen. Mohadi for attending this Forum and hope that our Government is going to pay all the subscriptions. I thank you.
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. SEN. MUTSVANGWA): I
move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 12th February, 2020.
MOTION
REPORT OF THE DELEGATION TO THE PAN-AFRICAN
PARLIAMENT HIGH LEVEL SUMMIT ON HIV AND HEALTH
FINANCING IN AFRICA
Third Order read: Adjourned debate on motion on the Report of the Delegation to the Pan-African Parliament High Level Summit on HIV and Health Financing in African, held in Brazzaville, Congo from 11th to 12th July, 2019.
Question again proposed.
*HON. SEN. CHIFAMBA: Thank you Madam President and
compliments of the season to all Senators. On the highlights of his presentation, Major General Nyambuya said that Parliamentarians should engage in a dialogue about safe abortion because as
Parliamentarians, when we start to engage in those issues we argue but it is a thing that is happening in our country. Women are dying because of unsafe abortions. Some doctors said many women come with sticks inserted inside them whilst they are trying to abort which is not safe and this leads to death. Many of them do not come in time to get help from the doctors.
General Nyambuya was also touched, so he said we should engage each other so that people have safe abortions. Some are raped and they do not have access to safe abortions. As a result, it takes long and in the end some give birth to children as a result of rape which is very unfortunate. I think if people are allowed to engage in safe abortions, it means everyone will be safe because many people die and the State loses a lot of money through unsafe abortions.
I know as women Parliamentarians we argue a lot when it comes to safe abortions but when men also see it and support the unsafe abortions it helps if it is an issue that is talked about. So I thought it is important to add my voice that safe abortion should be allowed because a lot of people are dying. We have a lot of doctors in here and I think they come across many women who are dying because of engaging in unsafe abortions.
With these few words, I just wanted to say these words so that people understand when they are reading the Hansard; they would understand that people are dying because of unsafe abortions. Thank you Madam President.
*HON. SEN. CHIMBUDZI: Thank you Madam President. I
would like to congratulate you for the year 2020 as well as all the
Senators. I would like to thank the Zimbabwean delegation that was led by the Deputy President of Senate and those who went to Congo- Brazzaville for that important meeting.
I will also support that important meeting with a few words. I am very impressed when a Zimbabwe delegation attends such an important summit where they meet other Parliamentarians to debate on issues that affect people’s lives such as HIV and AIDS. Those are very critical issues because we know that disease has claimed a lot of lives but Africa has now realised that we should put our heads together.
I was impressed by the Deputy President of Senate’s opening remarks where he outlined how Africa was separated and demarcated as one of the leading continents in poverty as well as all the conflicts to do with boundaries in Africa and other problems. That is a very good thing to all of us as Zimbabweans because when we want to address such issues it is important to know such a background.
I would like to thank the Zimbabwean delegation for representing us well at such a summit. We should take very seriously all the issues that were discussed there so that they uplift the livelihoods of our people. We may have no money, but if we unite as Parliamentarians it will be important because those are issues that were agreed to by many countries. All those issues require funds but I know that there is light at the end of the tunnel. One day we will have resources because those issues are important to people’s livelihoods.
I would like to congratulate that delegation that represented us well at that summit. Thank you Madam President.
*HON. SEN. J. D. HUNGWE: Thank you Madam President. I also would like to add my voice in congratulating people who went to represent us in Congo- Brazzaville where there were many other delegates. Our delegation is very much appreciated for doing well in Congo- Brazzaville. I am not sure when you gather to deliberate on HIV and AIDS, how do you see it when we look at Africa as a whole because it is something which affects a lot of people yet there is no treatment.
*THE HON. PRESIDENT OF SENATE: Order Senator, you
address the Chair.
*HON. SEN. J. D. HUNGWE: Thank you Madam President. I was now behaving as if I am from Chivi – [Laughter] - Thank you Madam President for reminding me of the rules that we have to observe here. My point is - when people deliberate on this scourge especially when other people in Africa also gather to deliberate on an incurable disease, we have doctors in this Parliament; we have those doctors who are known for treating yet they are not able to treat such a disease. How do you fail to treat such a disease? We have to consider the history from the Bible. Incurable diseases were put by God as a punishment to people, it was a result of his anger. When an important event happens in the country we must think along those lines. Some of us went to war and in most instances God allows calamities as a form of punishment because he will be angry. We have to look up to God to find cure for such diseases and ask for God’s mercy, let us think along those lines.
Let us not get stuck on failing to get cure but let us consider God’s views.
THE HON. PRESIDENT OF SENATE: I am not sure, are you
saying when people gather at Congo Brazzaville, we must ask them to pray for solutions? So may views come into play and let us not deliberate on that.
*HON. SEN. HUNGWE: Thank you Madam President.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Madam
President. I would like to greet all Senators for making it to this New
Year and to thank God that we are all here. As you are aware Madam
President, we met with Hon. Sen. Femai, the Hon. Deputy President of Senate and other Hon. Senators. I realise that we forgot to invite Hon. Sen. Hungwe to also air his views along those lines making reference to the Bible and religion. We invited a lot of other important dignitaries but we forgot to invite Hon. Sen. Hungwe.
THE HON. PRESIDENT OF SENATE: Please address the
Chair.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Madam
President. I also felt as if I am in Chivi but my point is there were few members of Senate and Members of Parliament who went to deliberate on HIV/AIDS because a lot of countries cited economic challenges as the problem of their failure to attend. I want to thank Hon. Sen. Hungwe for pointing out the issue of divine intervention. We need divine intervention, the President and the First Lady also came to support that issue. A lot of views were expressed and indeed the Deputy President of the Senate made a very good address; that was a good impression. Hon. Sen. Femai also made a remark on how we can get funding for that disease.
It might be overtaken by Corona virus but we have a mammoth task. I learnt a lot from Hon. Sen. Hungwe’s remarks that we should not focus on financial issues only.
Hon. Sen. Chief Charumbira debating looking at Hon. Sen.
Hungwe.
THE PRESIDENT OF THE SENATE: Address the Chair Hon.
Chief Charumbira.
HON. SEN. CHIEF CHARUMBIRA: I am addressing the Chair
although I am making reference to Hon. Sen. Hungwe. We cannot do away with divine or religion intervention in terms of seeking solution for HIV/AIDS. If we believe in what the Bible says, we must remember that it is important to seek God’s wisdom, especially in times of need and trouble. I then appeal to my Hon. Senators and doctors that even if you do your work- I think it is also important to ask people to pray. I also heard some people referring to a Nigerian prophet by the name T.B. Joshua, I heard a doctor testifying that they went to T.B. Joshua and that is where they were healed of diabetes. I want to thank you Madam President.
HON. SEN. FEMAI: Madam President, I move that the debate do now adjourn.
HON. SEN. TIMVEOS: I second.
Debate to resume: Wednesday 12th February, 2020.
MOTION
REPORT OF THE THEMATIC COMMITTEE ON GENDER
AND DEVELOPMENT ON THE PLIGHT OF PEOPLE WITH
DISABILITIES AND CHALLENGES FACED BY WOMEN
AND GIRLS WITH DISABILITIES IN ZIMBABWE
Fourth Order read: Adjourned debate on motion on the report of the Thematic Committee on Gender and Development on the plight of people with disabilities and challenges faced by women and girls with disabilities in Zimbabwe.
Question again proposed.
*HON. SEN. SHUMBA: Thank you Madam President, I want to thank the Lord for he has given me the chance to see the New Year, 2020. I want to thank the Committee which oversees the plight of people living with disabilities, especially women and the girl child. In this Senate I see that disability varies.
As I stand here, I live with disability but people do not see it. I say that I am disabled because I was not born with these spectacles but was issued these spectacles due to disability. When they were looking at the challenges of women living with disability, a lot of us – especially women are living with disability. Disability varies but the Committee came across challenging issues. I have looked at wearing spectacles but there are some women who are blind.
In the National Assembly, we have Hon. R. Mpofu who lives with disability and her husband accompanies her everywhere yet most husbands shun their wives. So I want to thank and salute the husband for standing with her because we have many men who cannot stand by women living with disability - they run away from them but most women are very loving.
I read a story of a woman who was married to a man living with disability. She loved him because he was blind and because she had money, she consulted doctors as to the reason why her husband was born blind. The doctors conducted medical investigations on the husband and she sought medication for the husband and he was cured from the blindness. When the husband gained his sight – he started noticing other women and saw that they were more beautiful compared to his ugly wife. The husband then started going out with the beautiful women.
The wife was really troubled and asked him, what had gone wrong? The husband said, “Thank you so much for making me gain my sight. I did not know that there were so many beautiful women in the world”. So as women, we have a lot of challenges. When a woman gives birth to a child living with disability, you will find that women bear the challenge on their own because the husbands would have run away claiming that in their clan, they do not give birth to people living with disabilities. So they start blaming the women – it is a challenge that many women come across even though they are not disabled.
I came across other people who have challenges of hearing impairments. The women were saying that they do not find anyone to help them when they go to hospitals in order for the nurses to understand what service they want. One deaf woman said that when she went to the hospital to deliver – no one assisted her because they did not understand her. So she ended up delivering on her own because the nurses could
not understand her language – so it is a challenge. Many of these challenges are being faced by women because the husbands will not be around to assist. Had the husband accompanied his wife to the hospital, probably he would have communicated with the nurses in sign language but the husband will be at home drinking beer or looking for other women.
So these are some of the challenges that women living with disabilities face. I thought that it would be good to add one or two voices so that people know that we were listening to their grievances and the grievances were recorded in the Hansard. I thank you.
*HON. SEN. DR. MAVETERA: Thank you Madam President, I
stand in support of this motion on women living with - I fail to get a suitable ChiShona word to explain myself because I do not want to say
‘disability’ but I will use that word - although it is very painful for me to use that word.
The Constitution that brings us here clearly stipulates the work of
Parliament in Section 119 (1) which states that Parliament should safeguard the Constitution. What is in the Constitution? We do not have a choice and must adhere to the Constitution. Our Constitution has a lot of sections that remind us of what we are supposed to do for people living with disabilities. The topic is about women but once we have disability in the home, whether of a child or the husband – it ends up being the woman’s problem because of the adage that in order for a home to be stable it is because of women.
Madam President, our Constitution lists a lot of things that we have to do as Government in order for the disabled to live a good life. The main aim of our Constitution is that we respect each other as equals without putting anyone at a disadvantage. In this country, 20% of people have a form of disability but as Government, we do not have a deliberate policy on disability especially on their rights. I challenge this House that we are always fighting on trivial issues without fighting for citizens’ rights especially for those who are disabled. Why am I saying so Madam President? Since the inception of our Constitution in 2013 up to now, all Government buildings are not accessible for people who are disabled. Even new plans for houses, they do not have facilities which are user friendly to people who are disabled. We are failing people who are disabled. It is not surprising that most of us here will be failing to access this Parliament because of disability. It is important that
Government attends to this issue as a matter of urgency. Here in Harare, I have just seen one bank which has a rump for use by the disabled people who use wheelchairs – that is a private player but the Government which is supposed to be leading is failing. We are not discriminating against people who are disabled.
All disability ends up being a problem for all women. Men run away when there is a disability at home. As Government, we do not have a policy on providing shelter for the disabled. Some people attribute disability to being bewitched. They are chased away from their rental homes because they are disabled. As Government, we do not have a quota of houses or stands that is reserved for the disabled. Even at schools, women with disability and those that they are taking care of face difficulties because there are no schools in their area which are conducive for the disabled children. Out of ten schools, it would be good to have at least one that admits disabled children. This will make life easier for them. If we say that shop or that school is for the disabled people – it looks like discrimination. Let us make sure that the schools that we have currently can accommodate people who are disabled. This is not being provided for in this country.
I do not want to say much but I would like to challenge the
Government that everyone is equal and we are doing the people’s will. If we are forgetting 20% of the population and we are not listening to them, we are not following the Constitution of our country which gives us power to sit in this House as Hon. Senators. We are not protecting the Constitution. We must make sure that the Constitution is being followed.
To my fellow Senators, the challenge this year is make it a challenge to Government to take care of people who are disabled. I thank you.
*HON. SEN. WUNGANAYI: First of all, I would like to greet all the Hon. Senators in this House and I would also like to congratulate you Mr. President that you are here this year.
I would like to contribute to the report which was brought by
Hon. Sen. S. Ncube. I am one of the people who went around with Hon. Sen. Ncube to look at the way disabled people live. We did not meet disabled women only but we saw men, young girls and boys who are disabled too. What I saw showed that as Government, we do not care for our people. We do not care about the disabled people. If you listen to the stories that they told us, you can tell that there is somewhere where we are missing it. We are burying live people.
The way these people are living is deplorable. Some are locked inside and they are not allowed to go outside. The people who lock in the disabled in live in a society that has other people who do not go and report to the police about such happenings. All of us here know people who are locked inside but we keep quiet like there is nothing happening we know that people are being detained because they are disabled. This is very painful. Some of these were not born like that but they were injected with wrong injections. I met a certain man in Gweru – we grew up together and I was surprised to see him on a wheelchair. I asked him what had happened and he told me that he had TB and he was given a wrong prescription that affected his spinal code. He was a teacher by profession. Although he did not have a certificate in education, he was teaching people who were passing but now he is selling airtime. No one wants him at any work but he is someone who is normal.
If the Government could look closely, these people who are living with disability are very intelligent more than many of us here. I have not seen a dull person who is disabled. They know what they are doing. Our Government is not looking into their lives especially those from social welfare. We hear that they are going around homes but they are not looking at people with disabilities. If the Government could start a programme to look at those people because they went to schools and some of them are degreed but they are selling airtime on roads.
In this Parliament, that is why people who sit on those chairs do Government business but we are not handling these people well. Our elders say you laugh at a disabled person when you are dead. We should not laugh at these people because they help us a lot in this country.
Mr. President, I still want to go back to Government that has to look at people who are living with disability. The way they are living- I am surprised in the streets they are not able to run away from council police or from ZRP. You can see them being dragged to the Charge Office with their carts yet this person is doing his own things to earn a living but no one looks at that. Considerations are not made that this person is disabled when they are being arrested.
I want to encourage Government that it looks at disabled people. When we were going around some areas in the country, we saw that these people are not having a good life. Very few disabled people are loved by their relatives and a lot of them are not liked. If you go to Jairos Jiri, you are told that this person was just dumped here. We found him in a plastic 17 years ago and now he is doing A level; he is very good in school. That child who was picked in a plastic Mr. President, what kind of life will he have when told about how he was found? Someone says that his/her child had a disabled hand, threw that child away and then that child is taken care of by strangers.
Our Government should be very strict on people who dump children. Even the child who is not disabled you cause the disability when the child grows up not knowing his/her parents. I just wanted to say these few words and some of the things that we were seeing are disheartening. It does not happen in a country which has a legislature like ours, which has people who come and sit in this House and come from different rural areas that has people with disabilities. Mr. President, with those few words, I want to say- let this year be the year of changing things and we will look at the people’s lives on how they are living as Government.
*HON. SEN. CHIRONGOMA: Thank you Mr. President for this
time and congratulating you that we have met again in 2020 and all
Senators - we thank our God. I stood up to say some words about this motion brought by Sen. Ncube. My friends, it is disheartening that we talk about the issue of our relatives who are disabled. Some have spoken and I want to add on what they said that women are very good people - they live with disability and also have another burden of taking care of their husbands.
If you look closely, we have Mr. Mpofu and Mrs. Mpofu in the National of Assembly is blind. There are very few men who are able to take care of their disabled wives. Women and girls who live with disability – as a family, all of us here we are the arm of Government. I hear others saying that Government has to do certain things but we are all supposed to make laws which protect the disabled people.
If you look at the cars and buses, there are no places for disabled people to sit. There is no respect given to disabled people in buses. We need to make sure that there are cars and buses that are made in a way that they are is user friendly to disabled people.
Let me tell you a story. I was coming from Chinhoyi to Karoi. I was stopped and this woman had no hands. It was a struggle for her to get into the car. She had to be assisted to get into my car.
I drove this woman and I was asking myself how she was travelling. I asked myself how her husband lives with this woman and how she breastfeeds. I do not want to talk about how she handles her husband without hands. You might laugh but it is so sad. When she got off, she had her bag. She asked me that I put it on her neck. I just put the bag on her neck and she left with her bag. What is the Government doing for those people? We need to look for ways of taking care of those people.
I come back to the woman we have in Parliament, the Honourable Member of Parliament who is blind but in her constituency she was voted to be a Member of Parliament. I respect the people of that constituency for voting her in. We have different parties, we compete.
If you are normal, would you want to stand and remove that person from office? That person is supposed to get into office uncontested. We might fight for positions but it is very painful.
A disabled child is a burden to the mother but how does the mother take care of them? During the holiday, I was in Dzivarasekwa. I saw one woman with her child who is dumb and the child is always following behind the mother. I asked the woman and she said she has another child doing Form 4 and another one who is in Form 1. She said this one was giving her problems. She was failing to get food to fend for this child because the father is not always available. I told her that I was going to Parliament, I have my colleagues who live with disability who know where you can get assistance. I talked to Hon. Khupe to meet with this woman. She saw this woman and managed to get people who are now helping the woman. As Government, we need to look for plans to help disabled people.
Men should contribute something to thank that husband who is taking care of Hon. Mpofu who is blind. That will be an encouragement to the husband if he knows that other men are seeing that he is taking care of his wife well. As the arm of Government, we should put in place very good laws for people who live with disability that they are taken care of. I do not have much to say but it is disheartening. Thank you Mr. President.
HON. SEN. NCUBE: I move that the debate do now adjourn.
HON. SEN. CHIEF CHARUMBIRA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th February, 2020.
MOTION
REMOVAL OF ILLEGAL SANCTIONS IMPOSED ON ZIMBABWE
Fifth Order read: Adjourned debate on motion on the unconditional and immediate removal of the illegal economic sanctions imposed on Zimbabwe.
Question again proposed.
HON. SEN. MBOHWA: I move that the debate do now adjourn.
HON. SEN. CHIMBUDZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th February, 2020.
On the motion of HON. SEN. MUZENDA seconded by HON. SEN. CHIMBUDZI, the Senate adjourned at Twenty One minutes to
Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th February, 2020.
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
MOTION
PRESIDENITAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. SEN. MBOHWA: I would like to start by saying toall of you welcome back from a long holiday and compliments of the season. Thank you Madam President for affording me this opportunity to add my voice to the speech which was delivered in both the National Assembly and the Senate by His Excellency the President on 4th October, 2019 when he opened the Second Session of the Nineth
Parliament.
The President outlined many priorities and also set out Government agenda. I am pleased that the President talked about reforms. He also talked about economic and political reforms that should be achieved by 2030. I am confident that His Excellency’s plan to create a prosperous economy and society in this country of Zimbabwe will succeed. However in these harsh economic conditions, we need to stand united and not divided for us to realise positive change of our nation and changing our face as Zimbabwe.
The President also talked about economic sabotage. Madam President, people feel these harsh conditions and economic sabotage – what you can see or read or what you read appears to be highly organised and require also an organised and heavy response. You would realise that countries like UK, Tanzania and Indonesia, to name but a few have put stiffer penalties and I think it is high time as Zimbabweans to do the same. It is so pathetic, we cannot just look whilst exchange rate manipulation is taking its toll. We want to stand behind the
President as he tackles head on the fight for his people.
Also the President talked about reviving the economy. I will talk more of women because I am a woman and in my party, I am in the
Women’s League department so I talk strongly of women. We cannot leave women when we are talking about reviving the economy and also trying to help the President to realise his Vision 2030. Women constitute 50+% of the population. We are more than half the population and also women are responsible for the livelihood of millions of people, whilst we constitute more than half but we are responsible again for looking after the livelihoods of many including children. So, I feel we should not leave out women when we are talking about reviving the economy and I feel women should be seen participating in agriculture, mining and manufacturing activities. Starting with agriculture, even if we constitute more than half the population, the most worrisome part is we do not have the land. Women constitute a small percentage of registered land owners and it is very difficult because we are the ones who look after the family yet we are deprived at the privilege to own land.
However the Government has tried to cater for women
Government has programmes to cater for vulnerable groups and women are classified in the vulnerable groups. Government has come up with programmes like Command Agriculture which can also help women to put food on the table. The Presidential Input Scheme is also another programme, but here is the problem. Since we are incapacitated, when we want to talk about Command Agriculture, when we go to CBZ, incapacitated as we are, we are not able to go and collect those inputs. So it means those who will have those inputs are men, yet men are already economically empowered and women still strive without anyone caring. I feel that Government should look for ways to improve welfare of women so that we are also given land and are also given inputs which we strive for.
Madam President, I want to talk about the mining sector. This is very worrisome for women. When we look at the mining sector, the President said that it is another source whereby we can improve our economic growth, but we have got only 10% of women who own mines and the fact that the 10% is there, it means we need to be supported. We are vulnerable to many things Madam President. Sometimes if you try to get into mining men will tell you that this is not for women. Go home, it is a man’s job, but the fact that the 10% is there it means that we can. So I think something should be done so that women can be supported and empowered to become successful as their male counterparts. I am just trying to say the Government should also try to come up with ways of uplifting us as women.
We have got financial challenges. When you want to get a mining plot you need to have a prospective licence and you need to get someone to peg the plot for you, but we do not have resources, we do not have property but for our fellow men counterparts who are in the same field they can just go and take a loan from the bank. Why? Because they own property, they own houses, they own land and we are virtually nothing as women. They can easily go and take loans and put up property for collateral security. So we are left behind as women and the most painful part of it Madam President, is that sometimes we fall victim of these
men who are in the licencing departments. I cannot say more. Those who are in mining know much better.
Sometimes if you get a mine the men will come and chase you away. I have got an example of a mine, Red Hill which was given to the women in the Midlands. Soon after they had been given the mine the men came and said it was their mine. Now, the issue is with the Ministry but it is almost a year and nothing has been done; the activities have since been stopped. There is nothing we can do as women. Those men are already doing something on that plot. We cannot fight them, we will have to wait for the Ministry to give the verdict, but we will already have lost the battle.
Sometimes in those mines we are not protected. If you go to the police asking for protection the police would ask for sex in exchange for protection. Whoever works with women knows that women are so passionate for their families; they can go to the extent of doing anything in order to safeguard the livelihoods of their families.
So I think the Government should come up with ideas and strategies to help women in the mining sector and programmes should be put in place. I want to assure you Madam President, not a single cent or a minute given to a woman will be wasted. Women know how to use anything that they are given. They are the backbone of the economy. That is why you see that when I go to industry – I am now going to manufacturing industry. When things are hard in Zimbabwe women uplift the economy of the country. How? Go to Matabeleland South. They are making these bags – [The Hon. Sen. showed Senators a handmade beaded handbag.] - You cannot find this type of a bag in China, but women are making these beautiful bags.
If we open our industry or our companies we will make a lot of money but the problem is, we do not have resources. If we want to take loans, like I have said, we have no collateral security. We have got the ideas but who to share the ideas with - I do not know what we can do. It is not only the bags but let us talk about bread making. Let us talk about the suits. Most women who are wearing suits in here, they are made by fellow women in the industry or small shops in town - very nice dresses. We are capable; if we work together and resources are sourced for the women we can produce a very viable clothing industry. So I think the Government should assist on that. Even on what the President said – reviving public enterprises like NRZ, CSC and GMB, with the right investors and proper management we will not go wrong. They will change the fate of the country. Let us help the President by achieving his Goal 2030 with women on board not to be left out.
Madam President, with respect to the legislative programme, the
President also highlighted that we have moved at a dreadfully slow pace.
He was referring to the mandate that we are supposed to do in Parliament to fulfill the obligation of those who voted us into power since we have forgotten. As I quote from his statement, we should try to put more effort and speed up works of Parliament. I am quoting from what the President said, ‘we must work hard and be smarter on serving our people because they deserve better, more than we deserve’.
So I am just encouraging my colleagues that it is my hope that we do just that and make sure that we serve the people who have entrusted us with all their soul, all their heart and voted us to come and do what they have sent us for. Thank you Madam President, ndati ndibudewo muHansard. Thank you.
THE HON. PRESIDENT OF SENATE: I think you wanted us to laugh because everyone who speaks anobudawo muHansard.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. MOHADI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 13th February, 2020.
MOTION
REPORT OF THE DELEGATION TO THE 45TH PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM HELD IN
MAPUTO
Second Order read: Adjourned debate on motion on the Report of the Delegation to the 45th Plenary Assembly of the SADC Parliamentary
Forum.
Question again proposed.
HON. SEN. MOHADI: Madam President, I move that the debate do now adjourn.
HON. SEN. SIPANI HUNGWE: I second.
Motion put and agreed to.
Debate to resume: Thursday 13th February, 2020.
MOTION
REPORT OF THE DELEGATION TO THE PAN-AFRICAN
PARLIAMENT HIGH LEVEL SUMMIT ON HIV AND
HEALTH FINANCING IN AFRICA
Third Order read: Adjourned debate on motion on the report of the delegation to the Pan African Parliament High Level Summit on HIV and health financing in Africa, held in Brazzaville, Congo from 11th to
12th July, 2019.
Question again proposed.
+HON. SEN. A. DUBE: Thank you Madam President for
affording me this opportunity to add my voice on the motion that was brought in this Senate by Hon. Sen. Femai. Firstly, I want to congratulate the Hon. President of the Senate and my wish is that God must give you wisdom like that given to Solomon that we read in the Bible. I also want to acknowledge the presence of the Deputy President of the Senate who was the leader of the delegation that went to Brazzaville.
The issue to do with HIV and AIDS is a very topical issue and I want to thank all the African countries for treating this disease with the urgency it deserves. You realise that it is one of the diseases that cause so much havoc. I want to thank every member who participated in this trip and to congratulate Zimbabwe as a nation that we did not sit back and relax but we are trying to find all means of protecting people against HIV and AIDS. We have AIDS levy to assist us in the fight against HIV and AIDS and we are aiming for a reduction in new infections by 2030; National AIDS Council (NAC) and Government subsidy is healing us to achieve this.
In our country we have so many minerals and that is why there is an improvement in our economy. As a Senator, I want to encourage everyone that the Ministry of Health and Child Care be allocated more funds in the fight against HIV and AIDS. For one to get medication of HIV and AIDS the medication must be readily available in health centres and the patients must be on continuous treatment. I know we also get assistance from Global Fund but there is a second line drug whereby they are supposed to be assisted by the National AIDS Council. There are challenges that NAC is facing especially in acquiring such medication. This might be due to the problems that we have with foreign currency. The Government must allocate more funds to the Ministry of Health to help fight the spread of HIV and AIDS. I am proud of the way we are handling this AIDS pandemic in our country, now new infections have declined.
I know there are so many African countries that want to come and learn from Zimbabwe how we are fighting HIV and AIDS. In this Senate we have an advantage because we have a member who attends the Pan African Parliament and he shares with us how other countries are fighting this pandemic. The team that travelled to Brazzaville travelled together with the Deputy President of the Senate which is an indication that it was a high-powered delegation. They shared with us every contribution that was made during the conference that they attended. They shared on ideas on how to get funds, how to acquire medication in the fight against HIV and AIDS. I do not have much to say, I just wanted to add those few words that I have said. We must put our voices together as Zimbabweans on how we can have medication in stock for HIV and AIDS. You realise that once one is under such medication they have to take if for life and once they stop taking the medication this will affect them. I believe by 2030 we would have managed to reduce new infections. I know that from time to time we have investors and people who will come to assist us on health matters.
I thank you.
HON. SEN. FEMAI: Mr. President, I move that the debate do now adjourn.
HON. SEN. TIMVEOS: I second.
Motion put and agreed to.
Debate to resume: Thursday, 13th February, 2010.
MOTION
REPORT OF THE THEMATIC COMMITTEE ON GENDER AND
DEVELOPMENT ON THE PLIGHT OF PEOPLE WITH
DISABILITIES AND CHALLENGES FACED BY WOMEN AND
GIRLS WITH DISABILITIES IN ZIMBABWE
Fourth Order read: Adjourned debate on motion on the Report of the Thematic Committee on Gender and Development on the plight of people with disabilities and challenges faced by women and girls with disabilities in Zimbabwe.
Question again proposed.
*HON. SEN. M. R. DUBE: Thank you very much Mr. President
for affording me the opportunity to add my voice to this motion. I am deeply troubled by women and girls who live with disabilities. I want to add a few words to this debate.
Yesterday, I heard an Hon. Senator saying that disabled people are being mistreated in our rural constituencies. They are raped but we do not talk about it. Children are mistreated especially in rural areas. Some people use these disabled children for rituals, especially in farming. I know this because I grew up with a woman called Dorie Sibanda who was disabled. We would see her pregnant time and again and would ask her the person responsible for the pregnancy and she would say that it was her father. You know how naughty children are because we would keep on asking her and she would end up explaining how her father abused her.
She would fall pregnant and be forced to terminate the pregnancy and would be taken to the cotton fields several times. Even the village head would be aware yet no action would be taken because if there is a parent who is doing that, they should be arrested. They cannot be abusing children, impregnate them and force them to abort. We would ask Dorie where her child is and she would tell us that the child was taken to the bush by her father. Even though she was mentally retarded, she would know what happened.
I think that as we sit here, we should agree and put our heads together so that we come up with a solution whereby such people are sentenced harshly for up to 25 years. Some men abuse disabled children and impregnant them – even up to five children. They rape them and no action is taken upon them and such children give birth to illegitimate children.
THE HON. DEPUTY PRESIDENT OF SENATE: Order, order
Hon. Member. The motion is about disabilities and challenges faced by women and girls in Zimbabwe. I fail to understand how your debate is tied to the motion. – [AN HON. SENATOR: It is on disabilities!] -
Hon. Senator, please carry on.
HON. SEN. M. R. DUBE: I mean disabled children Mr.
President, such people who are not able to even go to the police station to report such abuses. Sometimes they are not able to walk although they may still fall pregnant. So they impregnate such people and no action is taken against them. They may impregnant them and at times even giving them five children yet no action is taken against them.
So I am saying, let us report such perpetrators who are abusing such children. Some of the children are being abused by their parents for ritual purposes for them to boost their agricultural produce yet when they die, you do not even find bags of maize. I thank you.
THE HON. PRESIDENT OF THE SENATE: Thank you Hon.
Senator Nyathi for such touching words. I beg your pardon Hon. Sen.
Dube for such a touching contribution.
^HON. SEN. MALULEKE: Thank you Mr. President for giving
me this opportunity to debate on this motion because I find it very disturbing. The motion pertains to the issue of disabled women which was tabled by Hon. Sen. Ncube.
The main challenge is in rural areas where schools are very far and also they are not farvourable to disabled people. If we could get schools that cater for the disabled, that would be very helpful. The problem is that when one is not educated, they cannot tell whether or not they are being treated right or badly. When the Committee went around the country, they found that there were a lot of challenges being faced by disabled people especially for women and particularly girls.
In the past, girls were not being sent to school as parents preferred to educate boys. We have Hon. Members who are traditional chiefs and they are the most affected by this problem of disability in rural areas. I wish that the Ministry of Public Service, Labour and Social Welfare was here and listening to what we are saying. As the people who are representing people, we are supposed to be united and speak with one voice on issues affecting our citizens.
In rural areas, they are facing challenges when boarding buses going to clinics. If we could make sure that clinics are within easy access so that the disabled can go and get help and in order for them to be assisted, we need to be united. Most Hon. Members talked a lot about people who are disabled. Some of the disabilities are brought by accidents on the roads. We had an accident in Kwekwe and another one at Beatrice. That increases the number of people who are disabled. It is our job as Hon. Members especially to send our girls to school because these are the people who face a lot of problems and they cannot express themselves. Sometimes they cannot even access health care but if we are in this Parliament – all of us have to go back and educate our people. For those in urban areas, it is better – they go to school and know what is right and what is wrong but in rural areas, Chiefs have got a lot of work.
What can we do for our children who are disabled? Some are not even able to feed themselves. We are supposed to put our heads together. Since we are now in 2020, we will get to the end of this year – may be by year end, we would have invited the responsible Ministry to come to this House so that they hear what we are talking about. I thank you Mr. President for giving me the opportunity to debate on this issue on people living with disabilities especially women.
*HON. SEN. MATIIRIRA: Thank you Mr. President for giving me the time to debate and congratulations to all of us alive here in
Senate. I would like to thank Hon. Sen. Ncube who led the Gender Committee that went around the country looking at issues to do with people living with disabilities. I would like to congratulate them for
that.
If we look at the ten provinces in this country, people living with disabilities are so many because everyday people born with disabilities come as well as people injured or maimed during accidents; that also happens every day. I really appreciate the Hon. Members for going around the country looking at how people living with disabilities are surviving in this country so as to inform Government.
It is very difficult because in the Eighth Parliament, we also agreed but we went around considering how they can get access to clean water but we also came across the problem that this Committee also came across. We realised that people living with disabilities are suffering in the households. That also affects especially the women and children at home. In a household where there are people living with disabilities, even if they are both father and children, the mother of that household is the one who is mostly affected.
Towards the end of 2019, we saw a certain family from Hwedza on television. The whole family comprised an old woman as well as a man who is grown up, a middle aged man as well as a small girl. The mother is really troubled by that man because she is not able to assist him whilst he is also disabled. It was so sad to hear her account on how they survive. I would like to thank this Committee for raising such issues because this honourable House should come up with suggestions or solutions that can assist people living with disabilities.
I would like to thank the President of this country, His Excellency – Hon. Mnangagwa. When he addressed Parliamentarians on the official opening of the Ninth Parliament; he put it that when such laws come to this House and are debated, solutions should be brought from this House on how such people can be assisted. If such a Bill comes, we should really contribute to see how that Bill can speedily be passed so that we bring solutions to people who are living out there with such problems. It is so sad. I would also want to reiterate what one of the speakers said that indeed some people take advantage of the disabled out there especially old people but even young children are affected by that. Sometimes when we travel, we see them and they are sometimes on wheel chairs. It is not easy for them to travel. All those things should be looked into by Government so that we come up with solutions. I think if we have a law, that will help very much because even if we look at schools, there are children living with disabilities yet there are no user friendly facilities at such institutions. All these issues affect people living with disabilities. At the end of the day, the mother is the one who is mostly affected because for example; she may hear that the child has fallen and injured at school, she will end up suffering trying to help that child.
I would like to support this motion and urge Government to take action to ensure that we have a solution. I thank you Mr. President. +HON. SEN. PHUTHI: Thank you Mr. President for giving me the time to debate. Compliments of the new season to all of the Hon.
Senators here present. Welcome to the New Year.
Last Sunday, I travelled to Gwanda and just after Bulawayo, it was heavily raining. There was someone who was on a wheel chair but no one was willing to assist him and the main reason being that the man is on wheel chair. Up to today it is troubling me that if someone is disabled, does it mean that the person is not supposed to get assistance? Above all, what really pained me is that the person was going to school and what I am asking myself is, did he ever manage to get to school or not?
Therefore, I ask the Government if there is a way that they can assist all the disabled people like Jairos Jiri Centre that we used to have where they would assist all the disabled people. They would learn craft work and one thing that I have learnt in life is that all the disabled people, you will realise that they are naturally intelligent but we look down upon them. There was a time I checked something on the internet and I saw one disabled lady who did not have hands and legs. I realised that she had a baby and she was able to do everything for her baby.
Sometimes we think that the well able people are able to do everything but from the video, I learnt that it is us who are disabled to a certain extent. I plead with everyone that there is need to respect all the disabled people. One speaker indicated that most of the buildings that we have are not friendly to the disabled people - which is an indication that when those buildings were constructed, we did not take into consideration the disabled people especially those who are on wheelchairs. When we are well able sometimes we do not understand those who are disabled.
If we are choosing leaders sometimes it is easy to get someone who is sailing in the same boat with them especially for the disabled. Therefore, it is important that when we are choosing leaders we choose someone who represents the disabled. Let us choose someone who is in the same boat with them so that they are able to understand what they are going through. In South Africa for example, I have my nephew who is in Grade 5. He is being assisted by the South African Government. He is even driving a car and is receiving a grant every month.
The school that he is attending is a good school, he is being taught on how to live with his disabilities. In Zimbabwe, we realise that we do not really take care of those who are disabled. I have my other niece who tried to look for a vacancy in one of the schools in Bulawayo and she could not get it. If we try to assist them in a way that they can get vacancies for their education in schools that are compatible with them, you will realise that they will be able to live with their disability.
I will keep on using South Africa and Botswana as an example - you will realise that even those who are disabled are actually employed. In Zimbabwe I have never been to any office to see especially women who are disabled employed. I do not know whether it is a way of looking down upon them. These are the people who can assist us to improve even our economy. As I said before, most of the disabled people in rural areas are naturally intelligent especially during this rain season. There are some people who cannot walk. You realise that they do not have wheel chairs and face challenges in walking. All my relatives that are outside the country that I know get wheel chairs and grants.
There are some people especially those who benefitted from Jairos Jiri - you will realise that mostly shoe makers are able to do a great job compared to those who are able. I have two from my ward who are shoe makers and the other one sells vegetables. The biggest challenge that they have is that they do not wheel chairs and they try by all means to get something that can assist them move around. Someone mentioned that there are people who harass especially those who are disabled mostly the girl child or women. The ratio is 1:10 whereby you hear that a man with disability raped.
There are certain cases where a father goes to an extent of raping their daughter so that they can be rich in life. I plead with the
Government to try and assist those who are disabled who are victims of rape. Yes, they might be disabled but these are human beings who have their five normal senses. The same feelings that you have when such an act is done to you are the same feelings that they have.
I plead again with the Government to assist them for some use Braille language in reading. If Government could create vocational centres or any training schools that can assist them, that would be most appreciated.
I will emphasise on the issue of creating employment for the disabled. Sometimes you realise that these people are able to go to school but we do not offer them opportunities to get employed. Let us acknowledge that those who are disabled most of the times are naturally intelligent. I thank you Mr. President.
*HON. SEN. RWAMBIWA: Firstly, I want to thank Hon. Sen.
Ncube for bringing this report after going around doing investigations about the disabled people. They did a workshop with the Human Rights Commission. Disabled women were talking about the problems which they are facing. The main problem which they talked about is at hospitals. They said that if they go to hospitals they are not treated as people who are disabled. They are not given first preference so that they are served and go back home on this. One woman said she went to the hospital while she was pregnant and faced a lot of problems. They could not understand each other with the nurse. If possible at hospitals, schools and even prisons, if we could have people who can do sign language it would be helpful. We should treat these people as human beings.
We went to the prison and we witnessed the same problem of people who had different types of disabilities. Some could not walk, they would be crawling yet in the prison no consideration is made that someone is crawling and is not able to walk. The room will not be taken care of. So the Government should look into this so that the disabled are looke after well.
When we look at public transport, the disabled people look up to able bodied people to help them board public transport such that if they are not helped it is a huge problem for them.
If we look at the late Jairos Jiri, he was a man who was given the gift of looking after the disabled. If we look at his life we can see that he was not after gaining anything. If the late Jairos Jiri was still alive we would not be talking about the plight of the disabled because like I said, he had a natural gift in looking after the welfare of the disabled.
Being disabled does not mean inability but it is because they have not been given the opportunity and as a result have lost hope. All disabled persons can use their hands or any part of their body to do something. There is a woman from my constituency who does not have any hands but she can carry a bucket full of clothes on her head and go to the river to wash those clothes. If the disabled are given an opportunity and assisted in engaging in productive work they are capable of doing anything and fending for their families but we are not assisting them and as a result their talents are not being utilised.
I grew up staying less than 15km from Jairos Jiri. We saw him as a man who had a passion of helping the disabled. He would send some disabled children to school. In the rural areas we have disabled children who are not going to school. Some are not able to travel the 3km to school every day because of their disabilities and yet you can see that the child is very intelligent and can attain high grades and become someone in life. So let us treat disabled people as human beings because they are also human beings.
There is a Shona saying - seka hurema wafa. Today I may be physically fit but tomorrow I may also be disabled. I may lose my hands or my feet and will be in need of help from well bodied people. So if I do not help disabled people today when I am able bodied, who will help me tomorrow if I am unfortunate as to become disabled. I thank you Mr. President.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr.
President. I would like to thank Hon. Sen. Ncube and her Committee for bringing this motion to the Senate and I would also like to thank all those Hon. Senators who have contributed to this important debate. The previous speakers have all been saying that this is a very sad issue. I wonder why we are failing to look after the disabled people in this country. People have become selfish and self centered and do not care about the plight of the disabled.
I would urge all Hon. Senators to unite in this debate as it is a pertinent issue. This issue should not be politicised. We should set politics aside and unite with one voice so that the plight of the disabled can be heard and action is taken. The Government should put in place policies that help the disabled.
As Hon. Senators, we should also look into this issue of the disabled and how we can help. I will give an example of what took place in my constituency. There was a young girl who was disabled who could only move around with the assistance of a wheelchair. She was born with this disability. When she was about 19 years old, it was discovered that she had been impregnated by a Form 3 boy. He was summoned to the traditional courts where it came out that he was being looked after by his mother’s relatives as his father had not raised him.
According to tradition, we cannot charge his mother’s relatives as they do not carry the same surname as him. The boy did not refuse the pregnancy but he had no money or property that we could fine him for his offence.
So we took him to the magistrate’s court and they also could not fine him because he had nothing. We could have arrested the boy but it was of no use and it was unnecessary to take him to court so we took the girl back home. It is now 20 years since this happened and the child has now completed grade 7 and now doing Form 1. She is very bright in school but the single parent cannot pay her fees. The mother has moved to Harare and is now a vendor; this is the society we are living in. I assisted the child by sending her to school and paying her fees and the mother is now in Harare.
As elders we must stretch our hands to help in such cases, we must not just look and do nothing about it. We have a lot of work as legislators. There is another serious issue when it comes to disabled girls. The mother in law did not accept the impregnated girl because of her disability. It is surprising that it was a woman who was against a disabled girl.
THE TEMPORARY PRESIDENT (HON. SEN.
NYAMBUYA): Please address the Chair.
*HON. SEN. CHIEF CHARUMBIRA: I am sorry Mr. President; I am looking at women because I am addressing them. If a boy impregnates a disabled girl and agrees to the charge the problem lies with the parents of the boy, they might not want anything to do with the girl like in the case that I am speaking about. As women you must look at that issue, what should we do? We must legislate laws that deal with people who dump people after impregnating them. The Committee must sit down and find solutions to these problems.
As leaders, we must lead by example by helping and not just to refer all cases to Social Welfare. I have seen the disabled people getting paid by the Social Welfare but now the economy is bad, they are not getting anything. Who should be responsible for their welfare?
Everyone must take responsibility, the Executive and the Parliament; as Parliament what are we doing about this? We need to enact laws that help the poor. I was in the Standing Rules and Orders Committee when the Committee discussed on how Parliament can accommodate disabled people.
If someone is in Parliament and is disabled let us say visually impaired, they are given an assistant to help them and that person is fully paid by Parliament. I want to thank Parliament that they have done something for the disabled but still we need to do more. Jairos Jiri has been talked about - I want to thank them and appreciate the work they do. I saw street kids who were disabled asking for money. As
Government, we must make laws to help these children. In modern days families are no longer united, the traditional culture of uniting families is no longer in existence. If we are not united, it is very difficult for the country to move forward.
I witnessed a white person in the rural areas; he used to say I am putting 50 sweets, run the one who will run and get to the table first will get all the sweets. The kids held each other’s hands and walked together and arrived at the same time. They replied to the white man that if we left one kid behind what will he get, we walked together so that we can share; that is the true African spirit. There is no need to leave others behind and eat alone.
Nowadays we have very rich people unlike in the past. I was talking to someone yesterday; I meet one person in Dubai who goes for luxury visits every weekend. Zimbabweans are going to Dubai for luxury visits and come back but some people will be languishing in poverty back home. If you ask that person, he has never helped even a single person who is in needy. Some fly to United Kingdom to see Manchester and they fly in business class. They can spend roughly US$7000 one weekend and then come back. This is not good.
The other thing that we can do as a country is we need to reserve jobs for the disabled. If you get into Parliament you will find that there will be someone who will be sitting monitoring the security machine, you can give that job to a disabled person because that person will be just seated. So, we need to give jobs to disabled people, especially those jobs where you can work whilst seated. The reception area, you find that the receptionist will be seated most of the time, we have disabled people who are fluent in English, and they can be receptionists.
I want to ask the Committee to sit again and do more research on how we can help the disabled community; they must not concentrate on challenges faced by disabled people only but solutions. Hon. Sen.
Chirongoma talked about a National Assembly member who is blind. We must also exempt disabled people from paying taxes. We just declare that if you are disabled you are not supposed to pay tax. It may be the disabled person is a billionaire then maybe he might pay tax, but if he is just like any other ordinary person there is no need for paying tax.
THE TEMPORARY PRESIDENT: Hon. Sen. Chief
Charumbira your time is up.
Thank you Mr. President, lastly, Mr. President, yesterday people debated on this motion, they spoke very well and I clapped hands for them. What will happen to all the things that we discussed yesterday it will just be a talk show no follow up. We need to implement not just talk. I thank you Mr. President.
HON. SEN. KOMICHI: Mr. President, I move that the debate do now adjourn.
HON. SEN. RAMBANEPASI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 13th February, 2020.
MOTION
REMOVAL OF ILLEGAL SANCTIONS IMPOSED ON
ZIMBABWE
Fifth Order read: Adjourned debate on motion on the unconditional and immediate removal of the illegal economic sanctions imposed on Zimbabwe.
Question again proposed.
HON. SEN. MWONZORA: Thank you very much Mr. President
Sir. I would like to thank the mover of this motion as well as the people who debated this motion before me.
Mr. President, in two days time Zimbabweans who love democracy and peace will be celebrating the life of one of the most dedicated democracy fighters in our country, Former Prime Minister Dr. Tsvangirai. – [HON. SENATORS: Hear, hear.] – Dr. Tsvangirai was promoted to heaven on 14th February, 2018. He achieved a lot of things in this country but today I want to focus on one of the last things that he achieved.
One of the last things that Morgan Tsvangirai dealt with was the issue of sanctions. Let us forget the propaganda surrounding this issue and let us forget the half-truths surrounding this issue. Morgan Tsvangirai and indeed the MDC have a very clear policy on the sanctions and a very clear position on the sanctions. The clear position can be stated as follows: - ‘The MDC supports the re-engagement of Zimbabwe in the International Committee of Nations. However, this reengagement must be matched with positive, tangible movement on the part of Zimbabwe to institute key political, economic and social reforms’.
In other words, this issue about the re-engagement with the International Committee must have a quid pro quo – there must be movement on the part of Zimbabwe in instituting social, economic and political reforms. These economic and political reforms Mr. President must be designed to make sure that the lives of the Zimbabwean people are changed for the better. In fact, it is the objectives of my party, the
MDC, to get over governmental power through peaceful, democratic and constitutional means, govern differently and change the lives of our people for the better – [HON. SENATORS: Hear, hear.] –
On the issue of sanctions Mr. President, this is what Morgan
Tsvangirai did. History has it that when he was Prime Minister of the
Republic of Zimbabwe – in the period between 2009 and 2013, Morgan
Tsvangirai visited Australia and New Zealand. When he visited
Australia and New Zealand he exhorted those nations to give the Zimbabwean Government another chance. Secondly, the Australians and New Zealanders removed the sanctions – it was because of the work of Morgan Tsvangirai and this was never acknowledged by our Government and press.
After that Morgan Tsvangirai together with the late Former President Robert Mugabe and Deputy President Arthur Mutambara appointed what was called an International Re-engagement Committee. This was a committee comprised of key ministers of Government who coincidentally also were the key negotiators of the Global Political Agreement. These ministers were dispatched to Brussels, other capitals in Scandinavia and in Europe to ask the Europeans to reconsider their position on Zimbabwe.
As a result of the work of these ministers and as a result of the work done by the dear departed, the European Union (EU) in July 2013 lifted all the sanctions against the Zimbabwean authorities except two people. The two people were Robert Mugabe and Grace Mugabe – no other Zimbabwean is on EU sanctions as we speak – [HON.
SENATORS: Hear, hear.] – After that, they also retained sanctions only on the Zimbabwe Defence Industries. So as we speak, only one Zimbabwean remains under sanctions and that is Mrs. Grace Mugabe. Only one Zimbabwean company remains under EU sanctions and that is the Zimbabwe Defence Industries.
The excuses that people give that we are under European sanctions are certainly not true because [HON. SENATORS: Hear, hear.] – there is clear historical evidence. These are clear historical facts Mr.
President. I will touch on the American issues later in my address but let us clear it. There are no sanctions other than targeted sanctions on Grace Mugabe and the Zimbabwe Defence Industries that are still coming from the European Union and that, Mr. President, is one of the works of Morgan Tsvangirai.
Not only that, in December 2012, Morgan Tsvangirai singularly dispatched an envoy by the name, Jameson Timba to go to Number 10, Downing Street in London and talk to President David Cameron, exhorting Britain to persuade its allies within Europe to lift the targeted sanctions for two reasons. First because the sanctions hurt the common man but secondly those who are incompetent, may use sanctions to explain away their incompetence – [HON. SENATORS: Hear, hear.] –
As a result of that, David Cameron agreed that he will work with his
European counterparts to remove the sanctions except, said David
Cameron, ‘Robert Mugabe, his wife and the Zimbabwe Defence
Industries’. As I have already said, this is great work done by this great man. I thought I should say this in order to put these things in proper historical perspective. When we are alive or when one of us is alive, we can talk lies about each other; we can try to outdo each other; we can do propaganda against each other but when one is departed, we have a historical duty to say the truth and what I have said is the truth.
But what are the causes of the sanctions that were imposed by the
United States, which is where I am now going with the promulgation of ZIDERA. Most Zimbabweans I have talked to especially are those who belong to ZANU PF; and explained the phenomenon of sanctions based on the land reform. They acknowledge that because the black people took their land, the whites retaliated by putting sanctions. I am not here to judge the veracity of that but I am about to test whether that is true or false.
It is common cause that immediately after the formation of the MDC, it was clear to the ruling party, Government and leadership then that a credible political force had entered the political fray in Zimbabwe. This was a credible political force that could take power from the ruling party then. As a result, we see in 2000, 2002, 2003, 2005 and culminating in 2008, an orgy of violence. Zimbabwe was enmeshed in internal self cannibalising. We were eating each other like animals. People were being killed in cold blood. Does this not attract some kind of measure or censure from the world? I suppose it does.
There was state sponsored violence especially in the run off to the Presidential Elections. 300 youths belonging to the MDC were murdered in cold blood. These are historic facts. These include Better Chokururama, Tonderayi Ndira, Godfrey Kauzani and one of our Senate candidates – Shepherd Jani in Murewa. They were abducted and killed in cold blood. As we speak right now Mr. President, their abductors, killers or murderers have not been brought to book. If this does not attract censure from the international community, I wonder what does.
We also saw a lot of violence directed against women – one graphical one happened in Mutoko. This woman was harassed, harangued and humiliated. At the end, she was given an axe with which to strike her own child – her own blood. She took the axe and in a rare fit of courage and almost divine anger, she turned and looked at her tormentors and struck two of them and they died on the spot. She was able to save her child and so on. This is tragedy Mr. President. This is a Zimbabwean doing this to another Zimbabwean. This woman was arrested eventually and charged with murder. Fortunately, she pleaded self defence and it succeeded.
We must talk about this because Zimbabweans think about this. Those who went through this do not think kuti zvakangovharana. We should not act as if zvakangovharana. Zimbabweans are sore in their country and we need to heal. In order to heal, we need truth telling. We need to tell each other the truth of what happened. There were instances where people were disposed of livestock by fellow Zimbabwean people.
There were incidences where granaries were torched.
Food distribution was done on partisan lines – so was distribution of inputs. This is what prompted the former Deputy Prime Minister Arthur Mutambara to say, Zimbabweans have imposed sanctions on themselves. The Zimbabwean Government, by doing this – was imposing internal sanctions on its own. Let me say Mr. President because my party and myself want to reconstruct this country. We want to pick up the broken pieces. We want Zimbabwe to heal again. Let me say whether the source of the sanctions is internal by which I mean the work of a rogue regime or rogue elements within a regime because they do exist.
Whether the cause is that or the cause is because of a foreign power intervening in the affairs of a country – it matters not. What matters and what is historically true and what is a truism is that the sanctions hurt the poor and the down trodden. Rarely do the sanctions go and hurt their target. If you drive to Borrowdale, the rich and famous and powerful are building houses that even Europeans have not seen. They are building houses I am sure President Trump has not stayed as a dwelling. They are being built in Borrowdale by the rich, powerful and privileged.
The down trodden in Mbare, Dzivaresekwa and in these high density suburbs are living in poverty and squalor. We need to go and take Zimbabwe on a new trajectory; a trajectory of truth telling, justice, fairness and recognising that a wrong was done to another person. We need to address the issue of how we relate to each other. There is nothing very right about being MDC; neither is there anything very right about being ZANU PF. It is a matter of choice. After all, when we went to war we said we wanted universal suffrage, human rights and democracy.
Democracy entails the freedom of a person to choose. If this person wants this political party, they must be able to choose that political party – otherwise Hebert Chitepo, Takawira and all those luminaries would have died in vein if we do not practice what they died for. Tongogara and company died so that we have democracy in this country. Who is anybody to force Zimbabweans to like them? Who is anybody to force Zimbabweans to vote for them? This is what attracts the wrath of others to us.
As I have said in the preceding section of my speech, I was pointing out not what the foreigners did to the Zimbabweans but those people who were supposed to protect Zimbabweans, what they did to those people that they were supposed to protect.
Lastly, I would like to deal with the common myth. The common myth is that we are suffering because of sanctions. We are poor because of sanctions. Our children are not going to school because of sanctions – maybe Members of Parliament are not getting paid because of sanctions. The hospitals, it is because of sanctions and everything else is because of sanctions. It may very well be that the sanctions are contributing to that but let us confront our own problems. We are the
Senate – the Upper Chamber. We are the people who must bring our
Government to account.
There is massive corruption. There is no question about it. If you go to the Passport Office, you have to grease a few hands. You go wherever you want to go, be it Command Agriculture, there is corruption everywhere. Roadblocks, mining, agriculture or any other sector, there is massive corruption. This corruption is not being brought by America and Britain. It is not being brought by Germany,
Scandinavians and Australians. It is corruption being done by our kith and kin. It is high time Mr. President that we take radical approach against corruption. In China, they put you before a firing squad. I am not advocating for that but I am advocating for something almost equally stiff. We need not to pay lip service to corruption.
[Time Limit]
Mr. President, in dealing with corruption, we do not have to look at
THE HON. DEPUTY PRESIDENT OF SENATE: Your time
has expired Hon. Sen. Mwonzora.
HON. SEN. MWONZORA: Thank you Mr. President. When
dealing with corruption, we must apply the law and our legal system
says that justice is blind. It says you treat equal things equally. So, when we deal with corruption, let us deal with our friends as well and not only deal with our opponents, be they internal or external. When we deal with corruption, we must be ruthless and we must be proficient. We know of certain people who if you ask anyone, if this man is corrupt - everybody will say yes, he is corrupt but they are walking scot free and protected by this State.
There are allegations of State capture Mr. President, where a few individuals are said to be in charge of the whole economy. We cannot have that and we must deal with that. There is abuse of office and abuse of our armed forces to do things that they were not trained to do. That is unfair, unjust and unconscionable. There is pervasive use of hurt language in the State Media and Social Media and we need to deal with that. More importantly, we need to deal with selective application of the law.
Having said that Mr. President, it is up to every one of us to deal with the scourge of sanctions and when we deal with it, we must look at ourselves first. William Shakespeare says in one of his books “the fault, dear Brutas is not in our stars, but in ourselves.” We must look at ourselves first and then look at others later”. Thank you very much.
HON. SEN. MBOHWA: I move that the debate do now adjourn.
HON. SEN. PHUTHI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 13th February, 2020.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. CHIMBUDZI, the Senate adjourned at a Quarter past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 13th February, 2020.
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
APOLOGIES RECEIVED FROM MINISTERS
THE HON. PRESIDENT OF SENATE: Before we go into
Question Time, I wish to register the following apologies from
Ministers. Hon. S. G, Nyoni, Minister of Small and Medium Enterprises and Hon. V.P. Haritatoes, Deputy Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. We are expecting more Ministers to come.
We now proceed to questions without notice but before we proceed, I think this House would like to register its disappointment on the attendance of Ministers because only two have sent in their apologies. To my understanding we have more than 20 ministries and most of them have Deputy Ministers.
Since the Leader of the House is here I think, I would like him to take this into consideration, that we are also a House which needs to ask questions that are responded to so that people know and understand. It is our right. We represent people.
I have to welcome those who are in here. We have the Minister of
Justice, Legal and Parliamentary Affairs, Hon. Ziyambi Ziyambi;
Minister of Higher and Tertiary Education, Science and Technology
Development, Hon. Prof. A. Murwira; Deputy Minister of Foreign
Affairs and International Trade, Hon. Musabayana; Deputy Minister of
Defence and War Veterans, Hon. Matemadanda; Deputy Minister of Public Service, Labour and Social Welfare, Hon. Matuke; the Minister of State for Provincial Affairs for Mashonaland East, Hon.
Mudzverengwi and also Minister of Industry and Commerce, Hon. Nzenza. You are welcome Ministers. Hon. Members, I think we can proceed to ask those Ministers who are in here.
*HON. SEN. SHOKO: I heard the Leader of the House read out agreements and then saying adopted by the Senate. I want to find out so that I learn and that next time I know the procedure - next time do we come and he adopts everything by himself? Before a motion is adopted, should there not be a mover and a seconder to the motion? That is how I know the procedure should be. Thank you.
THE HON. PRESIDENT OF SENATE: Minister, can you
clarify please.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam
President, I was giving a notice of motion that I intend to bring those Conventions to Parliament for ratification. So when we bring in a notice of motion, the way it is couched is that at the end you say - ‘Now therefore this House resolves this’. So what will happen is this - the next time we sit Madam President, we will put the question and ask if there is any debate and then we debate. At the conclusion of the debate she will also rise again and say the motion before us is a question by the Minister that we do 1, 2, 3, 4. Those who are of the opinion – then we say ‘aye’ or ‘no’ and then we vote. So it is just the standard procedure of how things happen.
THE HON. PRESIDENT OF SENATE: Thank you very much
for the question and the answer. Now we can proceed.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. CHIEF CHIKWAKA: Thank you Madam
President. I cannot be left out in congratulating you in entering this new year with a vision of building our country. My question is directed to the Leader of the House because the Minister of Health and Child Care seems not around.
Madam President, we are very much afraid that this country in the East is in trouble because of the corona virus. So with the people who are visiting or going out of the country, is the country still safe since we do not have medicine that can fight the corona virus? It is not a disease which can be treated and the country might be affected. What are we doing to protect our people against the corona virus which has spread throughout the world?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I would like to thank the Hon. Member who asked the question. This is an issue that is being talked about that in China there is a disease called corona virus. What I can assure the House is that the Minister of Health and Child Care will come here to give a Ministerial Statement about this disease. Yesterday he was supposed to have given the Ministerial Statement in the National Assembly but he was in the post Cabinet briefing. He will address the House next week, but what I can assure you is that we do not have any instance of the disease here in Africa including our country.
There is a lot which is being done to protect people. The Minister was talking to the Ambassador of China on how those in China have to stay there, those in the country are not supposed to go to China and how they can quarantine people who would have arrived from China for about 14 days whilst they are being checked. What I promise you is that the Minister will come with a Ministerial Statement in this House then you will ask questions and he will be at liberty to answer.
HON. SEN. B. MPOFU: I wanted to ask the Leader of the House who has just explained a very detailed account of what the Government is doing. What I am more interested in is, in most countries they are already screening people at the airport, are we doing that or we are waiting for incidence to happen and then take action?
*HON. ZIYAMBI: Thank you Madam President, it is true that we are screening people. The Minister was through the newspaper and on television explaining the facilities which are being used for screeningat Robert Mugabe International Airport and Joshua Quabuko Nkomo Airport to check if our workers are ready to screen people who will be entering the country. I want to promise you that if you could wait a bit, the Minister will come well prepared with a Ministerial Statement which we agreed that we will present in this Senate.
HON. SEN. CHIEF CHUNDU: Thank you Madam President,
my question is directed to the Leader of the House. On the issue of animals -we understand this disease also affects cattle, how well are we prepared as Government to screen this disease in cattle?
*THE HON. PRESIDENT OF SENATE: Let me help you Hon.
Senator. The Minister said that he will give a Ministerial statement regarding this issue and you will be given the chance to ask questions.
*HON. SEN. CHIMBUDZI: Thank you Madam President, my
question is directed to the Minister of Primary and Secondary Education, in his absence, I will direct my question to the Leader of Government Business. What plans do you have to promote female teachers so that that they become headmasters?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMETARY AFFAIRS (HON. ZIYAMBI): I thank you
Madam President. Firstly, our Constitution does not allow discrimination where only men are employed but it says that people have to be employed on merit and that we need to balance in terms of gender.
We also make sure we employ from the region where people come from and that is what our Constitution says. What I am not able to answer is what is happening in the Ministry of Education on whether there are more men or women as headmasters. The responsible Minister will clarify on that. I thank you.
HON. SEN. P. NDHLOVU: Thank you Madam President, my
question is directed to the Leader of the House -
Hon. Ndhlovu having difficulty in pronouncing words – laughter
HON. SEN. P. NDHLOVU: Sorry Madam President, I have a
dental problem but I am willing to ask a question. My question is directed to the Leader of the House. What is the Government policy on school fees increase in Government and Council schools, given the harsh economic challenges? I thank you Madam President.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. Earlier on last year before we adjourned for
Christmas, this question was asked and I responded to it. Madam President, Government has not increased fees to the extent that it became unsustainable to the generality of the population in terms of Government schools. We have different categories of schools. We also have schools that are not run by Government and the parents and school authorities have what are termed School Development Committees that sit and agree on the fee level, depending on the quality of food or whatever they want for their children. Government has ordinarily refrained from interfering with those processes.
In so far as Government schools are concerned, the fees have not been increased exorbitantly. I also have to add that many a time parents do not attend to the School Development Committee meetings even those that are run by Government where other levies, besides the school fees are discussed. I urge parents to participate so that whatever decision is done they are also party to it. Government ordinarily does not want to interfere in agreements that have been made, depending on what parents agree to in terms of school development as seen by the parents and school authorities.
+HON. SEN. PHUTHI: Thank you Madam President, I would
want to find out what are the fees for Government schools in both primary and secondary so that we can go, compare and look into this issue where we come from?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. My simple answer is that I cannot state right away how much the school fees per each primary and secondary school is – That would require that you put the question in writing and maybe the Minister can come and indicate what the fees are.
There are two parts to what parents pay. There is the tuition fees, that is the school fees and then there is a levy that is agreed upon by parents and the school authorities. So perhaps if the Hon. Member wants the exact amount that is paid per school, I am not privy whether there are uniforms throughout or they are different. Perhaps if the Hon.
Member puts that in writing, then the Minister can respond accordingly.
THE HON. PRESIDENT OF SENATE: Thank you Hon.
Minister. I think that advice is very important because it will help everybody.
HON. SEN. KHUPE: Thank you Madam President, my question
is directed to the Minister of Justice, Legal and Parliamentary Affairs. What is the policy on naming streets or buildings in urban and rural areas and even on naming mountains? I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I want to thank the Hon. Senator for the question.
The naming of streets name places is in two parts. There are those that are done by local authorities subject to approval and gazeting. Then there are some that are named by central Government subject to the relevant procedures and approval by Cabinet, gazetting and then the names will be changed or named accordingly. I thank you.
*HON. SEN. CHIEF MAKUMBE: Thank you Madam
President. My question is directed to the Leader of the House and Minister of Justice, Legal and Parliamentary Affairs. Our country is in trouble because of the machete murderers. People are cruelly killing each other but when they are brought to courts, there are about three or so judges who are giving bail to these murderers. What is Government policy on murderers?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. First and foremost, I want to say that our Constitution specifically states that bail is a human right and that is where we start from.
There is what is called ‘presumption’ in English meaning that you are not guilty before you are convicted. It is not true that once someone is accused, they have to be locked in prison whilst attending court. A lot of things are considered before awarding bail. Furthermore, because cases of machete killings were so much in the few months or weeks, the policy directive was that they should not be granted bail. There was need to make sure that the cases are processed expeditiously and the perpetrators are convicted and incarcerated. I thank you.
*HON. SEN. CHIEF MAKUMBE: We see that a person is
granted bail and they commit another crime whilst still on bail. Should a person be granted bail on top of another bail?
*HON. ZIYAMBI: Thank you Madam President. What I have
explained is what is supposed to be done. When someone is given bail, there are conditions that are given when you are on bail and if you break the conditions, then you can be locked in. You no longer have a right to be outside when you have failed to adhere to the bail conditions.
However, if there is a specific case of a murderer on bail who committed a similar crime, then that has to be looked into because our laws do not allow that. It means that something will be very wrong.
HON. SEN. MAKONE: My question is directed to the Leader of
House and Minister of Justice, Legal and Parliamentary Affairs. I understand from the local press that Cabinet endorsed a salary of ZWL$168.00 for domestic workers. I just want to find out if Government has policy of matching the cost of living with salaries that are determined for low paid workers and if in this case they found that
ZWL$168.00 was commensurate with the cost of living? I thank you.
THE HON. PRESIDENT OF SENATE: I thought the question
was supposed to be directed to the Minister of Public Service, Labour and Social Welfare.
HON. MAKONE: I am sorry Madam President. I did not realise
that he was in. Since he is now here, I accordingly redirect the question to him. I thank you.
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR
AND SOCIAL WELFARE (HON. MATUKE): Thank you Madam
President and thank you Hon. Senator at important question. Yes, the ZWL$168.00 that the domestic workers were supposed to receive as salary – I think the issue was just a delay of the Government Gazette.
The same review was made twice and the current salary is now ZWL$500.00 but again, the issue is still under discussion to try and review the same ZWL$500.00 upwards. The process is that it is not the mandate of the ministry to dictate the salary but the procedure is that they go through a salary negotiation with stakeholders such as the workers unions and other organisations that are involved in discussing issues to do with salaries. So, as I am talking to you now, I think in the next few weeks, we will be receiving new scales but currently it is RTGs
500 . It is not RTGs 168
HON. SEN. MAKONE: Is it at all possible for Government to have a policy of looking after the disadvantaged society? I do not think that the domestic workers can be lumped together with people working in industries because these are the people that us here in the House actually employ and we are not represented to the best of my knowledge. It is being done by somebody where I think Government should have an interest and a stake because these are the majority of the employed people in Zimbabwe. 500 bond as you know Minister will not be enough to support one person for a week today in Zimbabwe.
HON. SEN. KOMICHI: My question is directed to the Minister of Industry and Commerce. We have heard stories about the revival of ZISCO Steel and now there is no news at all. We would like to know what is happening and what are the future plans?
THE MINISTER OF INDUSTRY AND COMMERCE (HON.
NZENZA): This question comes at a very timely moment because during the last ten days, I have been to ZISCO Steel and have done a tour twice. I am now in the process of doing a review and I should be able to talk about the situation at ZISCO Steel as well as the situation at ZIMCO in due time.
*HON. SEN. CHIRONGOMA: My question is directed to the Minister of Justice, Legal and Parliamentary Affairs. I would like to know whether it is raining in every part of our country and are we getting enough of it and how the crops are. We were crying because of the Kariba Dam. We want to know how much water is in Kariba.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I would like to
thank the Hon. Sen. for raising such a critical question which seeks to understand the yield that we are expecting as well as the possibility of generating electricity from Kariba Hydropower Station. I request that the Hon. Senator puts down that question in writing because it needs a lot of research and figures. For example in Manicaland, we want to know how many millimetres are there; is it below average. We would want to know the same for Kariba and Matabeleland. I will be inaccurate if I speak off the cuff.
*HON. SEN. CHIEF NTABENI: My question is directed to the Minister of Higher and Tertiary Education, Hon. Prof. Murwira. I would like to find out from the Minister whether there are preparations by Zimbabwe for people who can design preservation of the economy. For instance, there are some companies like ZISCO Steel and National
Railways of Zimbabwe that were designed with a specific life- span. When that life -span expired, those companies went down. Can we have designers who can design life- spans for the economy?
*THE MINISTER OF HIGHER AND TERTIARY EDUCATION (HON. PROF. MURWIRA): That is a very important
question because if you look at the industry that we had in this country, I would like to say that this industry landed actually because it came from somewhere and it landed. If the country has to prosper, it has to design and make its own things. All these things come from education and that is determined also by the curriculum of education. The education curriculum that we inherited was mainly meant to teach people to work for other people and not to be employers. It was done deliberately.
Most of our industries were designed elsewhere and our education was such that it was designed to work in an industry that was introduced by the metropole in a colony-metropole relationship. This is normal of a colonised country because when people colonise you, they do not colonise you to love you. They colonise you to exploit you so that they get richer.
Our education was designed so that our people can be able to read and write; speak good English...
THE HON. PRESIDENT OF SENATE: Order Hon. Minister.
May you address the Chair.
HON. PROF. MURWIRA: Thank you. It was designed in such a way that our people would read and write and also be able to speak good English. If it is in engineering, some basic engineering so that they can be able to work in the designed industry but that industry was designed by universities and colleges elsewhere. These colleges and universities are the way countries design their future but in a colonial economy; it is an economic design. They cannot teach you what they teach their people. It is by design and that is normal.
Just to illustrate, somebody was telling me that our education was equivalent to British education and I said no, it is not possible. He said why and I told him that if we had received British education we should have designed Concord, Rolls Royce, Land Rover, submarine and we should have designed satellites if we had received exactly the same kind of education. So, we did not and it was deliberate. You cannot blame or not blame; it is just the way it was because a colonial system is an
economic system.
So, what was happening is that designs were happening in Britain and work was happening in the colonies which is normal. Our education was such that it was only there to serve the purpose of sitting in an office and making sure that things are working well for them and not you.
Basically what then happens is...
THE HON. PRESIDENT OF THE SENATE: Give a response
to that particular question.
HON. PROF. MURWIRA: Sorry Madam President. Design was
happening in Britain for this country and work was happening here. The education was designed in such a way that it had only three things that you had to do – teach, research and workshops. So, we call it 3.0 and it was the education for working - the real education is an education that designs things and gives rights to a national capability. A national capability is the ability of a nation to do its things. No matter if we were going to build an anthill and you come and destroy it today, we will build it again until you are tired. That is national capability.
The issue with our education is; we have redesigned it so that it is in tandem with production of goods and services from design to the production of goods and services. This education as I said before is called Education 5.0 whereby instead of just teaching we also do research and meetings, but we do innovation and we also do industrialisation. It is now a design based education. An education that will produce a person who will emulate what Munhumutapa and Rhodes were doing making their own things. Our import bill is very high because we are not making our own things. We are importing njere, we are importing brains.
So what the Hon. Senator is saying is - are we ready now? Yes, we are ready and we have redesigned that education so that we are now building our innovation hubs where people have got good designs – they are evaluated and are given what we call intellectual property, marketed and we put them in the industrial parks for manufacturing. We have done this and there are examples on the ground where we have finished innovation hubs at the University of Zimbabwe. We have done innovation hubs at Chinhoyi University of Technology, Midlands State University, National University of Science and Technology and at Harare Institute of Technology. All these places are places of design and thinking.
We have started building industrial parks at Chinhoyi University of
Technology, University of Zimbabwe Farm and the other one in Midlands State University. These are the places where manufacturing happens. So our education has changed in such a way that our people will be able to own their own destiny by design. Of course, they can cooperate with anyone in the world but at least they have a programme. We cannot just wait for nobody. We call it waiting for godot, a person who does not come at all.
Now our education is possible - we have liberated our thinking with the same people but we have just said now think wider and you are allowed to do so. It is not a crime and our budget now as has been voted by Senate has got five terms of reference. You budget for the teachers, research, visits, innovation and you budget for industrialisation and I am happy to say you approved a very handsome budget for all these activities to happen so that our education must result in goods and services.
The state of the economy of any country is a reflection of how it does its education. Education is the Indaba, Dare and Imbizo of today. It has to be a Dare, Imbizo and it has to be an Indaba where sensible things are being designed for our future. This is what we have done and I hope in a way I have been able to answer that question, that we have now moved into the design. Most of the times when you see industries falling and you cannot revive them, it is not yours. You cannot revive what is not yours without referring to the person who designed it in the first place. It is natural and that is how the Republic of China for example has become very developed. It is so developed that everybody wants to go there. Everybody has forgotten what they were telling them in the past, that you are communists – everybody is going there because they are able to do things.
This is exactly the way we are following. We are basically going back to our heritage and say Zimbabwe cannot be poor if our people are allowed to work on their resources and given enough confidence and enough direction to be able to do that. So design is everything and I heard the question which was saying reviving. Sometimes you revive things that are yours – things that are not yours you cannot revive. You just have to make a new one. What we want is steel. So, we will make another steel plant. Maybe we will not call it ZISCO and maybe we will not call it what we were calling it before RISCO. May be we will just call it steel plant and we will have plants. This is the way we are now teaching our people. I thank you.
HON. SEN. CHIEF CHARUMBIRA: Thank you Madam
President. This Minister always displays capable, intellectual competency whenever he replies and he is doing it this afternoon. On this subject Hon. Minister, now it is you and before you there was Prof. J. Moyo who came with STEM. You now have Education 5.0. Before that, there was Prof. S. Mudenge, a renowned academic in the world. My question is- how long are we going to wait to move from that colonial mentality of education?
We are 40 years and we have had professors in this Ministry, each one delivering as if everything will happen tomorrow. How long are we going to wait because we are not the only ones? There are other countries that have beenindependent for more than 70 years and they have not been able to get to the stage of designing. When are we also likely to get to that level of education? How many years from now – tambomira, nguva yarebesa? Thank you.
HON. PROF. MURWIRA: Thank you Madam President. I want
to thank the Hon. Sen. Chief Charumbira for asking that question. I want to start by saying there is no wrong time to do the right thing as a preamble also. As Zimbabweans, we are products of the past and we are also trying to give birth to a future because right now in our blood is the blood of our ancestors. That is how nature works. Anyway, the issue about Education 5.0 that we have been talking about, in reality it is being implemented. What I talked about in terms of innovation hubs, I am talking about real physical buildings which are there and which we have done because we are also tired of waiting. This is the time that we are now acting.
The issue is- when you are in a design and you say you are maintaining the standards sometimes people were saying we are maintaining the standards because we were doing what the Rhodesians were doing. You cannot maintain that standard and expect to get out of Rhodesia. It is so simple. You cannot use colonial education for liberation it is not possible. The design system, because we are not talking about the change of a mathematics formula we are not talking about the change of a physics formula – that is not it. We are still doing the same chemistry, we are still doing the same physics but the design says the chemistry of a Muhacha tree, the chemistry of Zimbabwe’s soil. This is now what we are talking about and this time around there is no more waiting.
The industrial park that I have been talking about is being built but also one thing which is very interesting is when we introduced the 5.0 design that is heritage base. Madam President, we were able just to see how much Zimbabweans are intelligent. We have got a lot of intelligent people but we have to allow them the space to show that intelligence. So what we have done is to allow them that space and what has happened? When we did this Education 5.0 and the innovation hubs, the University of Zimbabwe for example has applied for 55 patents just in eight months when the policy was introduced.
Patents are the basis of the industrialisation of any nation. HIT has applied for more than 20 patents and patents are the basis of industrialisation. MSU has followed and done the same. The Chinhoyi University of Technology in their artificial insemination programme for building the herd of Zimbabwe now have the capability of producing seven million bull semen straws which is equivalent to a net growth revenue per annum if they were exporting, about US$140 million. This happened only in one year. We just gave them space. So it is not like our people are not capable. They are capable but we had to give them space.
It was a designed programme because we had a problem, if I could use that example of saying people were always told usabate, do not touch. Now we are saying our policy in higher education, when it is your country bata, bata, batai nyika yenyu. What that basically means is work on it. You cannot wait, you cannot have a thing that no, it cannot be opened, you have to phone so that somebody can come in. No, we are no longer waiting. We are opening Zimbabwe.
So this is what we are doing and I hope it satisfies the Hon. Senator that the time of waiting is over. We are now in action mode. I thank you.
HON. SEN. DUBE: Thank you Madam President. My question is directed to the Minister of Higher and Tertiary Education, Science and Technology Development, Prof. Murwira. Hon. Minister, what is the Government position on increasing fees for tertiary institutions and what are the plans for students from vulnerable families?
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you Madam President. I want to thank the Hon. Senator for such an important question. Hon. President, our policy is access to quality education. Access to quality education is an issue. Therefore what it means is, any fee level that we determine has to be based on the principle of reasonability, affordability and sustainability.
What we mean, is we have to be able to arrive in class and teaching must happen. We have to be in the laboratory of science and science must happen. So that basically means - is it is real education, people are there. So now our policy is based on reasonability, sustainability and affordability. What we have done as a Ministry is to follow procedures following these processes to say, what are the levels of fees that we have to charge in order to sustain the universities, in order to sustain the colleges.
When we did this we made sure that this is the first time Hon. President since 2008, that the Government of Zimbabwe has determined the fees in Zimbabwean dollars. From 2009 up to last year 2019, our ordinances for fees were in United States dollars. I want to make sure that we are not talking about the increases in fees, we are basically talking about the levels of fees at this moment. So I will talk about the levels of the schools fees, not the increase because the United States dollars cannot be compared. If we had increased, it would then mean students were paying something like US$1 500 accommodation plus. It would mean if we were following that logic we could be talking about $25 000 by now in terms of what we are charging, but what we are then charging is based on the reality on the ground and Zimbabwe as a country, because remember we want to give a national capability to industrialise this country as per Vision 2030.
What we then did as a community was to make sure that the minimum that is required for a university to operate was calculated at about $3 500 for arts and humanities. It was then calculated again to the tuition of $4 000 for engineering and sciences. It was then calculated to be $5 000 for life science which is veterinary science and medicine, but then we knew that not everybody could be able to afford these fees. As usual even if you say $100 some people will not be able to afford those fees, so you always have to cater for some people because really the whole of last year we did not touch the fees at all because we did not want to respond to the austerity measures. I still remember on 18th June, 2019, I made a statement that we were not going to touch on any fee increases or anything during that year because we had to respond to austerity and make sure that we tighten our belts also. We cannot be eating turkey while other people are eating zvidhimba.
So at some point, we were actually also facing criticism that children are no longer eating and so forth but we knew what we were doing. This year since it is a year of productivity, we have now said okay let us determine the levels of the fees. Those ones who for the first time since about end of the 90s and beginning of the 2000s, we have now introduced again a Government backed student loan scheme which is capitalised to about US$105 million. I want to thank this House for having approved that because this scheme had since been stopped in the late 90s early 2000s.
This Government backed loan scheme is a loan scheme which is not asking for things like pay slips which are asked in the other loan schemes we call the commercial loan scheme. We believe that using this method we are now able to make our students able to get into class and do quality education, but also I want to say Hon. President, for the first time this House of Parliament voted for supporting universities in terms of their operations. Each State university was given at least $6 million and at most $10 million for operations. This also makes sure that universities are not too thirsty to increase the fees beyond what we are talking about. We really want to thank this House for that.
On the other hand, our industrialization agenda that we are talking about is aimed at making sure that a university’s income will come from its industrial operations much more than it will come from student fees.
This is what is happening because if you look at Silicon Valley in the United States where everybody wants to go, it is a product of Stanford University, it is not normally talked about but it is a product of a university and they have got billons of money. This is the future that we are building knowing very well that there is a Zimbabwe beyond ourselves. So we are building that future as well and we are trying to make sure that in the future the fees that are required constitute this little and the industry will be producing this big. This is also a strategy which is medium to long term that we are pursuing.
Also Hon. President one of the things that we are doing to make sure that fees are affordable is we have said all masters by researchers all PHDs that have something to do with national development programmes which have already been enunciated through Cabinet by the President which are called science, innovation, research and development programmes which are about 15 of them. We are saying any PHD which is researching in that; we are giving them money to do research. So for the first time our mphils and our dphils that are within the national programme are going to go to school with the money that has been voted for by Parliament to make sure that our development is prioritised.
So this has not been talked about a lot but this is what I am saying and I am revealing to this Senate that that is also what we have done in order to make sure that our research leads to goods and services. So, there goes the matter and I really thank you.
Questions Without Notice were interrupted by THE PRESIDENT OF SENATE in terms of Standing Order No. 62.
HON. SEN. SHOKO: Madam President, I move that Questions Without Notice be extended by 15 minutes.
HON. SEN. WUNGANAYI: I second.
THE HON. PRESIDENT OFSENATE: We extend by how
many minutes?
HON. SEN. SHOKO: We extend with 15 minutes Madam
President.
THE HON. PRESIDENT OFSENATE: Already we are left with
3 minutes on the 15 minutes.
HON. SEN. SHOKO: I thought we will count from 1530hrs
Madam President.
THE HON. PRESIDENT OF THE SENATE: We will extend
with 10 minutes starting from quarter to, thank you.
Motion put and agreed to.
*HON. SEN. HUNGWE: Thank you Madam President. I want to
start by congratulating you for making it to this New Year because this is my first time to speak this year. My question is on examination fees. I have noted that the fees are very exorbitant. I note that Government is trying to fix the economy but the majority of people do not have that kind of money. We are pleading with the relevant Ministry that examination fees be lowered because it is too high. Minister Prof. Murwira is speaking very well but even the new curriculum starting from ECD, there are a lot of books that are now needed. So, we are pleading with the Hon. Minister that the fees be reviewed downwards. I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam President. I will take the word to the Minister and Cabinet that there is a request that examination fees be reduced so that it is affordable to people.
*HON. SEN. SHOKO: Thank you Mr. President. My question is
directed to the Leader of the House. I want to know from the Minister about the children on scholarship under the Presidential Scholarship Scheme, are they getting their allowances. Secondly, we heard that the country diplomats are not getting their salaries; we want to know whether they are being paid now? We hear that some are staying in verandas, can we have clarification on our diplomats and our students on Presidential Scholarships?
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMETNARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Presidential, firstly the policy of Government is that if a child is offered scholarship information on payment of fees and everything is availed to the child and they sign the requisite documents, the fees will be covered by Government. On the issue of whether the fees is paid or not, that is not a policy question but you can put it in writing so that the Minister can come and answer. Diplomats are Government workers, they are paid according to Government policy, and if you know people who are not being paid you can put it in writing indicating where so that you can be answered adequately.
*HON. SEN. DR MAVETERA: Thank you Mr. President, my
question is directed to the Leader of the House and Minister of Justice, Legal and Parliamentary Affairs. Recently, we noticed the ZANU PF youths featuring on television and newspapers criticizing the country especially on corruption.
We later read that these youths were representing themselves and have now been fired by the leader of the country. Is it Government policy that once we talk about corruption we are fired? The people who were mentioned were ordinary citizens – those that are suspected to be destroying the country’s economy.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President, my response is that issues to do with political parties and Government are separate. When people fight in the NCA party, we do not get involved as Government and when MDC fights – it is their internal issue.
As ZANU PF, we do not bring what we do here and say that it is Government policy. I thank you.
*HON. SEN. WUNGANAYI: Thank you Mr. President, my
question is directed to the Leader of the House and Minister of Justice, Legal and Parliamentary Affairs.
Mr. President, cattle were all killed by diseases in my rural constituency. To date, cattle are dying from diseases so much that people are failing to sow crops due to lack of draft power. What is Government doing about dipping policies? These are the diseases that are destroying our cattle and this year people will not be able to farm because all their cattle are dead. I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
President. I would also like to thank the Hon. Senator for such an important question.
Indeed cattle died en masse and he also asked, ‘What Government is doing about cattle dipping?’ The Government has plans to procure dipping chemicals and dispatch them. As you heard the Hon. Professor from the Ministry of Higher and Tertiary Education, Innovation, Science and Technology Development talking – they are also conducting researches so that we manufacture dipping chemicals locally.
The challenge that we have is twofold Mr. President Sir. The first being that people out there no longer give importance to their livestock - when they are called upon to clean the dip tanks, a few turn up to clean the dip tanks. Secondly, parents and farmers prefer to lose all their cattle instead of selling just one cow to procure dipping chemicals in case
Government delays to dispatch dipping chemicals. The Minister of
Agriculture is on record stating that Government is only there to chip in here and there but now people behave as if their cattle belong to Government. So there is a problem there because people should realise that those are their cattle and they should work hard to protect them and take care of them. People should sell just one cow instead of losing out on all their herds whilst waiting for Government to come in. I thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY PRESIDENT OF THE SENATE in terms of Standing Order Number 62.
MOTION
REPORT OF THE DELEGATION TO THE 45TH PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM HELD IN
MAPUTO
First Order read: Adjourned debate on motion on the Report of the delegation to the 45th Plenary Assembly of the SADC Parliamentary
Forum.
Question again proposed.
HON. SEN. CHIEF CHARUMBIRA: I move that the debate do now adjourn.
HON. SEN. MBOHWA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 18th February, 2020.
On the motion of HON. SEN. CHIEF CHARUMBIRA, seconded by HON. SEN. SHOKO, the Senate adjourned at One Minute to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 13th February, 2020.
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
THE HON. SPEAKER: I want to address myself to Hon
Molekela, just in case you have not read the Hansard, the issues of hiked fees for tertiary institutions was raised yesterday and it was agreed that if you could take the lead in ensuring that through your Committee, you do some investigation and come up with some recommendations.
HON. MOLEKELA - TSIYE: Thank you Mr. Speaker Sir. I just want to bring to the attention of the House that three or four weeks ago the same Committee initiated a process through our clerk to respond to the situation. We were told that we would need to wait until after we open on 10th February, 2020. As such our Committee was actively trying to get involved and resolve that issue. We will continue to actively follow-up on this urgent matter.
THE HON. SPEAKER: I have requests for points of privilege
and I want to insist that they must relate to your privileges and rights, otherwise I stand you down.
HON. T. MOYO: Thank you Mr. Speaker Sir. I rise on a point of privilege. My point of privilege arises from the challenges that we experience in our constituencies. There is an issue that we deliberated on in Victoria Falls last year concerning constituency based allowances. We were hoping to get a response but up to now the situation has not been addressed. We kindly request your office to address this issue expeditiously. We are experiencing challenges as we run around doing activities in our constituencies particularly when the Parliament is on recess. For example, December to February we did not have any fuel and we have challenges to access all parts of our constituencies. We kindly request your office to address this challenge. I thank you. -
[HON. MEMBERS: Hear, hear.] -
THE HON. SPEAKER: Just some point of clarification. Hon. T. Moyo, are you suggesting that the CDF has been delayed in terms of being issued?
HON. T. MOYO: Thank you Mr. Speaker Sir. It is an issue that we agreed last year in Victoria Falls that Hon. Members would get constituency based allowances.
THE HON. SPEAKER: Thank you for the clarification, I will look into the matter.
*HON. NYABANI: Thank you Mr. Speaker Sir. I want to talk about the issue of pricing countrywide. People are using different forms of payment, ecocash, swipe and cash but I wanted to enlighten this House that people buying using ecocash and swipe for payment are being charged 50 – 60%. I think it is an issue that we need to address because in rural areas, they do not accept ecocash and swipe anymore. I was thinking that if possible, Ministries such as Industry and Commerce, Home Affairs or Justice should come in to ensure that we address this matter especially for those living in rural areas. I thank you.
THE HON. SPEAKER: It affects your rights and privileges as a citizen who is an Hon. Member but the matter should have been raised yesterday during Question Time. I suggest you put that for next week under Written Questions expeditiously.
HON T. MLISWA: I rise to just notify Hon. Members of the Sport Clubs that you were given some track suits to train and we have resumed training. From next week we will be training at Girls High School from 6 to 7 am. If it is raining we have also organised indoor facilities for us to do that. It is important that when a company does sponsor us we are seen to be doing what we are supposed to do. Any Members that do not have any tracksuits will be given along the way. I implore you to come because this is your life, this is about your health more than anybody else. We will have a personal trainer that we have engaged who will be working with you according to your levels of fitness and so forth. All Members are invited to attend at Girls High
School on Monday from 6am to 7am. I thank you.
THE HON. SPEAKER: Can you make good your deficit because
my oversize tracksuit has not been delivered. I want to do something about it as well.
MOTION
BUSINESS OF THE HOUSE
HON. TOGAREPI: I move that Order of the day Number 1 on today’s Order Paper be stood over until Order Number 2 has been disposed of.
HON. PORUSINGAZI: I second.
Motion put and agreed to.
SECOND READING
MARRIAGES BILL [H. B. 7, 2019]
Second Order read: Adjourned debate on motion on the second reading of the Marriages Bill [H. B. 7, 2019] Question again proposed.
*HON. MAMOMBE: Thank you Mr. Speaker Sir. I also want to
add my voice to the Marriages Bill debate. Firstly, I want to talk about the issue of harmonisation of the Marriages Bill. This consolidation has assisted us women and the Zimbabwean population because it has been aligned to the new Constitution. So, that is the first thing I want to say. Let me advise this House that as a Member of Parliament for Harare
West Constituency, we were also able to hold consultations in Harare West informing them what the Bill talks about and they also gave their opinions to their Member of Parliament. So, I will also talk about some of the issues that were expressed by the people in Harare West Constituency.
Firstly, there was an issue about child marriages which was welcomed by Harare West Constituency because when we look at the issue of child marriages, we hear no one has the right to marry a child who is under the age of 18. It is something that was welcomed by the Harare West Constituency and other people in Zimbabwe because this had become a menace and was violating the rights of the girl child, especially those who wanted to go to university. The other issue was on consent to sexual activity. The Bill does not address the issue of age of consent to sexual activity. My request is that if this Bill comes back to Parliament, the issue of sexual consent should also be clearly stated.
Thirdly, was the issue of chiefs that chiefs- are now marriage officers. This was welcomed before it was the magistrates and pastors but there were also questions that if the traditional leaders…
THE HON. SPEAKER: Parliamentary procedures say that you are supposed to use one language when debating. If you want to debate in vernacular, stick to vernacular until you finish your debate. You can proceed Hon Member.
*HON. MAMOMBE: Thank you for correcting me Mr. Speaker
Sir. The issue that I was talking about is on traditional leaders as marriage officers which was a welcome development but there were questions on the distance for people to go and register their marriage and also the issue of funding that mostly people do not have money to go to the urban centres to see the magistrate or the pastors. The issue was that once the traditional leaders are accorded this privilege of being marriage officers, is there a payment that will need to be done because if a traditional chief normally charges a goat or a sheep before your case is brought before the court. So that is the question that was raised that if one wants to register a marriage are you not required to produce a goat.
The other issue was of distance. So that issue of distance, will it be addressed since traditional leaders have vast areas to take care of? Furthermore there was the issue of whether the chiefs will be trained in order to be marriage officers. That was one of the issues.
Mr. Speaker Sir, the other issue I want to talk about is that of civil partnerships. Taking from those who debated on Tuesday on this civil partnership issue, my view is that all of us are in agreement that Zimbabweans are against the issue of civil partnerships. We know that this Bill is bringing in the issue of gender balance between men and women but there is also an element of discrimination or denigrating women especially when we look at those who are married under Chapter 5:11.
The residents of Harare West say that if possible, the Minister should remove Clause 40 because it violates the rights of those who are in a civil marriage, Chapter 5:11. For those who want to be in polygamous marriages, they should proceed with their choice but without infringing on the rights and benefits of those in a monogamous marriage.
Lastly Mr. Speaker Sir, it was the issue of HIV and Aids. As this Bill is coming into place, it proposes to decriminalise willful transmission of HIV and AIDS. This issue was welcomed because it affects women the most, especially the young women. They are the ones who are affected by this matter. This Bill is being welcomed by the people because it will reduce the number of women at Chikurubi Prison since they are the ones arrested for having willfully transmitted the disease to their partners. Because of our biological make up, we are ones who give birth and mostly the disease is discovered in women, hence they are affected and end up imprisoned. It is an issue that was welcomed by the women. There are women at Chikurubi Female
Section that are there because of this issue.
There are also issues that were raised by the residents that this Bill is harmonising marriages in Zimbabwe but there are certain things that are not in the Bill. Amongst other things that were mentioned by the residents was that in the event of death, who then takes inheritance? The inheritance issue was not addressed by the Bill. The issue of inheritance was of importance and concern to the residence because it is not clear. If we say a Bill is coming in to harmonise our marriage laws, it should then bring all Acts that address the issue of marriage so that whoever wants to know about our marriage laws can use one Act than to have different Acts.
There was also the issue of the rights of men and women bordering on who has the right to custody of children in the event that they divorce. The issue of guardianship is not addressed in the Bill. Our request Mr. Speaker is that the issue of guardianship should be addressed in the Marriage Bill. It should be in the Bill so that you do not need to refer to other Acts.
Lastly Mr. Speaker, is the issue that the Bill does not clearly explain the issue of child marriages. The issue should be clear. The clause is there but it is not clear when we say child marriage, what exactly we are referring to. I am saying this in cognisance of the SADC Model Law on Child Marriages and protecting those in marriage as mentioned by Hon. Kwaramba on Tuesday. So we want this to be clear in the Bill and also on what happens if a parent marries off a child below the age of 18. We do not want just one clause but we want it to be comprehensive and show that we have the political will to address the issue of child marriages. With these words Mr. Speaker, this is my view in terms of the Marriages Bill. I thank you.
*HON. P. ZHOU: Thank you Mr. Speaker. The Marriages Bill that is before us in this House, we had public consultations and people said a lot. I want to mention some of the things that were said including my opinion. What I want to dwell on is on Section 79 which criminalises HIV and AIDS. This is an Act that is there; instead of protecting people it ended up being a challenge to a number of people.
As we went around, we heard a lot of things. I was born and named Perseverance Mlambo but now I am called Perseverance Zhou. My brother Mlambo Kaiboni was hurt by this Bill. As I speak, I am in pain. Yes, he was HIV positive but he agreed with his girlfriend that they would use protection. The woman was not found to be HIV negative but this Act was used against my brother and he got arrested. Instead of dying of HIV and AIDS, he died from stress because of this Act. The Act should be put in place to protect people but it was negatively used by those who are clever. Madam Speaker Maam, it is painful. As we went round, it was clearly reflected that people are in pain. My brother died because of this Criminal Codification Act, especially in the courts, people use it in a negative manner, yet there was mutual consent for them to engage in sexual activity. He died in prison. As we held our consultations, we realised that it affects many people. There are women who were affected because when they go to clinic when they are pregnant, they are tested and they come and inform their husbands. They are accused of transmitting the disease and the men rushes to go and report.
The HIV that is being talked about here which they say the wife has transmitted to them; is it red, green or purple? I am happy that people have said it should be decriminalised. It should not even be considered. It should be removed from the Marriage Bill. You can put it in other Acts where it fits because in the Marriage Bill, we are looking at the issue of marriage that people should engage in sex freely. So it should be removed. Even when the Act is in place, it does not stop the spread of HIV and AIDS. People are now scared that once they mention that they are HIV positive. They will be prosecuted. They do not say out their results and they will never disclose their status. It was also realised that Zimbabwe is the one that criminalises sexual activity when one is HIV positive yet our Constitution says that we should not discriminate but we are discriminating against people with HIV/AIDS.
My request Madam Speaker is that this clause be removed.
The other thing that I want to talk about is on this Marriage Bill, some people were requesting that it should be more like a Bible. A
Bible has so many chapters, New Testament and Old Testament, it is all in the Bible. Once you open it, all is well but now the Acts pertaining to marriage are all over. You will find another Act that side, another one there, so we need to pool all the Acts relating to marriage to come under the Marriages Bills and be harmonised. With these few words, my request is that the Marriage Bill should proceed and be adopted. I thank you.
*HON. CHIBAGU: Thank you Madam Speaker. I also want to add a few words concerning the Marriage Bill. I feel free to be debating this in this House because all the challenges that we were facing were because we could not speak freely. I want to say congratulations to the children of Zimbabwe. Let us learn that once we pass the Marriages
Bill, we should adhere to it in this House. My request is that Madam Speaker, once we have agreed in this House, we need to call doctors and we need to undergo testing so that we prove to be straight forward people. We want to be honest because we may want to talk and voice our opinions. We need to know the status of one another. There is nothing wrong in being HIV positive. If I say can we all raise our hands, we are all able bodied and we need to ensure that we do not spread HIV and AIDS. HIV and AIDS is spread because people want money. Let us speak as one in Zimbabwe. It is something that should be addressed. We should all undergo testing so that we know the reason why we came to this House. We came here for development. If we are given money, it should be used in a proper way. We should not be involved in extramarital affairs, not looking after our wives and husbands at home. As children of Zimbabwe, I know you are clever. Once you learn something, you are able to execute. Even those who do it, be it ministries or whoever, we should act like citizens of Zimbabwe and know that we are here for development. It might be in the Defence Forces, Police or other departments, we should be united and know why we are serving those ministries without the fear that I am under a lot of problems. I thank you.
*HON. ZENGEYA: Thank you Madam Speaker. I also want to air my views in support of what other women have said concerning the Marriages Bill. The issue that I want to talk about is for example, a man can have a civil marriage [Cap 5:11 with his wife and there are marital problems and the man decides to move away and marries a young woman outside. He pays lobola for that woman and stays with her as his wife. He can live with that woman for maybe 10 or 20 years. He is married because he paid pride prize. At one time, the man goes to the rural area and when he dies, the second woman cannot inherit anything because the court recognises chapter 5:11 even though the children are beneficiaries. Because this woman looked after the husband, she should also be able to inherit. I hope the Minister can consider that and see how these women can be protected to ensure that they also inherit. I want to thank you Madam Speaker.
+HON. N. NDLOVU: Thank you Madam Speaker. I would like to add my voice to the Marriages Bill debate. We had consultations and the people were not happy with the issue of child marriages. People are saying, people who cause under aged children to marry should be arrested and prosecuted. The people want to know when a child should engage in sex. The Constitution says a person can marry at 18. People are saying there should be a law of consent on sex. Let us consolidate
this.
On civil partnerships, our mothers used to stay with our fathers without any lobola having been paid. Now people are requesting that we should look at how long a person should stay in a marriage without any lobola having been paid. In these civil partnerships, if a person dies in such a marriage, there is no inheritance, the relatives will take all the property because there will be a civil marriage. The Constitution is silent on that. That matter should be examined. There should be a stipulated period for such a marriage so that it becomes a solemnised marriage.
On the inheritance law, it should be consolidated to the Marriages Bill so that it becomes one so that if you are married, you should know that you inherit the property. There are two laws, these laws should be aligned or consolidated. There are also children born out of wedlock; when a husband dies first, those children cannot access or get anything but they should inherit from their father’s estate. I thank you.
*HON. SHAVA: Thank you Madam Speaker Ma’am. I also want
to add a few words concerning the Bill that is before us. Madam
Speaker Ma’am, I want to talk about two issues that I considered as we travelled during consultations. Firstly, I would like to talk on the issue of the willful transmission of HIV/AIDS. Madam Speaker, in areas where we went for consultations, most people did not agree on the law that criminalises the spread of HIV/AIDS. The challenge here that is faced by most women, especially those in rural areas is that they are oppressed by their husbands. Even if HIV/AIDS is transmitted by their husbands, they have no choice but to accept.
Madam Speaker, my request is that the Bill should consider women because when women are pregnant, they are forced to undergo HIV/AIDS testing. If a woman is HIV/AIDS positive and informs her husband, the husband rushes off to the police and makes sure that the wife is arrested. I think this law must be addressed in order to protect women. When the case is presented in court, the women cannot defend themselves as they have no legal representation. Madam Speaker, still on the issue of HIV/AIDS, I request that there are concerns that should be addressed such as; if a woman is HIV positive, a man should be arrested because a woman cannot get HIV/AIDS unless she consents to sex with a man. So, the man should be arrested and not the woman.
Madam Speaker Ma’am, the second issue is on child marriages. In
the Bill, there is a section that says children under 16 years can consent to sex but cannot be married and they can only get married at 18 years of age. Most people were not happy with this Section and they said that once we accept this, we will have a lot of unwanted pregnancies and children, even if they become HIV positive, you cannot ask them anything since the law allows them to consent to sex at that age. So, people were saying that the section must be removed and that the age of consent to sex should be aligned to the age of marriage which is 18.
With these few words, I want to thank you Madam Speaker Ma’am.
*HON. NYERE: Thank you Madam Speaker Ma’am. I also want
to add a few words about what we gathered from the consultations. A lot has already been said. When we went on consultations on the Marriages Bill, we did not make enough consultations. There were areas which were not consulted. We have traditional chiefs whom we did not meet and were not aware. My request is that, as we go on public hearings, areas with traditional leaders and leadership who do not know about the Marriages Bill, if they are not aware, you cannot go and tell them that they are now marriage officers. You cannot approach a chief to register a marriage because they are not in the picture of what is happening. My request is that the chiefs in the whole nation must be trained and made aware that they now have powers to register marriages as marriage officers within their jurisdiction. That is my opinion. I think there is a lot of awareness that needs to be done since most areas were not accessible. I thank you
HON. MUCHNJE: I want to add to the debate on Marriages Bill, it is a Bill that affects everyone, men, women and children. Firstly, I want to talk about the child marriages. Once you say a child can consent to sex at 16 but is only allowed to marry at 18, then there is a challenge. Why then should they engage in sexual activities at 16 years of age? If they are not yet of marriageable age, then they should desist from sexual activity because what we know is that when a man and a woman engage in sexual activity, the end result would be a child. So if we say a youth can engage in sexual activity whilst not yet ready for marriage, it will lead to teenage pregnancies and abortions. However, by the time they finally get married they would have lost their moral values. So the age of 16 for consent to sexual activity must be removed.
On civil partnerships; these already exist, some of them have come of age. Many people are in civil partnership because they were chased away from home by parents once they became pregnant. If a woman is chased away, the man would agree to stay with the woman without paying any bride price. In our African culture, if a child has children from different men, she will not be recognised as a person with moral values.
However, if men can now have other relationships outside marriage, it becomes a challenge. This clause will make marriage of
Chapter 5; 11 of no value, hence this clause has to be looked at closely.
Most men nowadays do not have money, they are not working and then they meet an Hon. Member who is working and has a lot of businesses, a man will elope to these rich women who sometimes have their own children already. So, the two can have chapter 5: 11 and in the event that the woman dies, the children of this woman are disadvantaged because they cannot get anything since the man is the spouse who at the same time is eligible for inheritance. So, sometimes women are also taken advantage of by men who are poor.
The Marriages Bill should bring all legislation pertaining to marriages under one umbrella, it should not just talk about marriage without looking at the issue of inheritance and also access to what is attained in a marriage. Our request is that the Minister should look into this Bill; he should consider all those issues that if a woman has farms or companies and all those things, her children should benefit in the event of the dissolution of the marriage through death. I get pained because people think that women are the ones who cheat but there are also men who do the same thing. I thank you.
*HON. MANGORA: Thank you Madam Speaker. I also want to
add my voice and contribute on what came out of the consultations as we went round with the Gender Committee on the Marriage Bill. A lot of people raised concerns over Section 40 of the Marriages Bill. They suggested that people should have a choice as to what marriage they want, whether a monogamous or a polygamous marriage. Some were saying the proposed law was contradicting itself in that chapter 5: 11 marriage allows one man and one woman yet this new Bill talks of civil partnerships.
The age of consent to sex and age of marriage was also a point of debate. The public said that this two year gap between age of consent and marriageable age leads to a lot of things. A child can get sexually transmitted diseases and moral values are eroded. Therefore, the public suggested alignment of the two.
Women were also concerned about the criminalization of HIV/AIDS infection. This affects women most because as women we give birth at the clinics where our health is constantly checked.
Therefore, that is where most women discover their HIV/AIDS status and once they disclose to their husbands they would be fights in the homes. Some of these men keep their HIV/AIDS status a secret and take their medication at work places. So the women were saying HIV/AIDS transmission must be decriminalized.
Most women raised concerns on the issue of inheritance; they were saying a man can marry under Chapter 5: 11 and later on move to another wife. So in the event of the death of the man, you will see children from the other wives coming through. So the Marriages Bill should also include issues to do with inheritance that affect marriages. In the event of divorce, it is the parents who would have challenges and not the children, hence the children should not suffer.
There are a lot of cases of elderly women who were married probably during the liberation struggle. Probably, they eloped and started staying together and up to date, their marriages are not registered. So today if my father dies, my mother would not be considered as the surviving spouse. Therefore, the request was that the Bill should also look into that issue. So, there is need to come up with a marriage that recognises and protects such people.
HON. BITI: Madam Speaker Ma’am, I thank you very much for
recognising me in this important debate in respect of the Marriage Bill [H. B. 7, 2019]. This is an area of the law that I have worked with for many years in my life as a lawyer. The two cases that are in the report by the Portfolio Committee on Justice, Legal and Parliamentary Affairs on this particular case, the case of Mudzuri and the case of Anne Mutsa
Madzara versus Stanbic Bank, I actually happened to have argued them.
Madam Speaker Ma’am, the Constitution was passed in 2013 so this is the first attempt to harmonise our marriage laws to the
Constitution of Zimbabwe. There are many provisions in the
Constitution that speak to marriage, women and children. These include Section 81, Section 84 of the Constitution of Zimbabwe. My respectful submission is that we need to harmonise all these laws. We need to consolidate all these laws in one Bill. The present situation Madam
Speaker Ma’am is that only lawyers or NGOs will be able to have the capacity of knowing what to look for and where to look for and that is not good. We need one consolidated marriage and children’s law that will deal with the following issues;
- The issue of marriage.
- The property regime of marriage and it is something that I am going to speak about.
- The rights of children.
- Succession issues, what happens when a partner dies, what happens when a spouse dies, what happens when a husband dies and when the wife dies.
So I would submit Madam Speaker Ma’am that we need a complete and total harmonisation of the marriage. A lot of members have spoken about the protection of children to prevent child marriages. That is very commendable. My only regret is that the judgement and decision in the matter or Loveness Mudzuru and Ruvimbo Tsopodzi which outlawed child marriages was handed down by the Constitutional Court, the current Chief Justice when he was Deputy Chief Justice on the 16th January, 2016. We are now in 2020, that means we have wasted four years in respect of which sugar daddies and other men have been marrying children for four years.
Madam Speaker, my submission and plea is that once the Constitutional Court has made a judgement that outlaws a certain piece of legislation, then the Executive and Parliament must act quickly to remedy what the Constitutional Court will have spoken of. Section 81 of the Constitution defines a child as anyone up to the age of 18 and below. Section 81 then gives a lot of protection to children. They have an obligation and rights to go to school, shelter and clean water. They also have an obligation and a right to be protected of their social being and their dignity. If we have declared that a child cannot be married before the age of 18, surely we must also protect that child and raise the age of sexual consent to 18 – [HON. MEMBERS: Hear, hear.] – So we have a contradiction in the law. The Criminal Procedure and Evidence
Act says the age of consent is 16, in fact it is worse than that. There is a rebuttable presumption that a child at 14 can have sex. So if a girl child is big, a man can actually go before a criminal court and say I thought she was 22 years old- that is criminal. Even if she is big, she is still a child and we have to protect her – [HON. MEMBERS: Hear, hear.] –
So my submission Madam Speaker Ma’am is that we need to raise the age of sexual consent to 18. If a child who is 17 says I want to have sex we have to tell her to wait until she is 18 because we have to protect children – [HON. WADYAJENA: How do you do that?] – The law can
provide that.
In South Africa Madam Speaker Ma’am and in many jurisdictions, they have got a law that says the age of sexual consent is 18, but they then have a category now where the law recognises what is called Romeo and Juliet love. So, you are 17 and you fall in love. The mischief that we are trying to deal with is a man who is 60, 70, 24 or 28 years going after this young child who is 16. So in South Africa and in other jurisdictions, they have provided for a Romeo and Juliet love, 17, 18 and 19 years. So there you will not have the same penalties. If a 19 year old sleeps with the 17 year old, the law treats that differently from when an 84 year old sugar daddy and a 40 year Member of Parliament sleeps with a 16 year old. Our law can provide for that but the bottom line Madam Speaker Ma’am is that we need to raise the age of sexual consent to the age of 18.
Madam Speaker Ma’am I have a problem with Section 5 of the Bill. We need to grab the bull by the horns. So, the Bill still creates the regime of unregistered customary law unions in Section 16. So the Bill still maintains a dual system of marriage unregistered customary law unions and civil marriages. Madam Speaker, we are still maintaining the colonial mindset of superiorising a marriage in terms of Chapter 5:11 or what is called a civil marriage.
My submission is that we should have created two marriages in Section 5 that is a monogamous marriage which is the equivalent of the old Section 5.11 and a polygamous marriage which is equivalent of a marriage in terms of the African Marriages Act. There are all marriages, the only difference will be on the consequences on proprietary rights, because in the polygamous situation, if a man has got ten wives then those ten wives have got a right to one’s property but it terms of the status of the marriage, each one those women, whether there are ten married by Mr. Dotito under the African Marriages Act they must have the same right as Ms Silvia Chirau married under Chapter 5.11. So I think the continued demarcation between Section 16 and Section 5 is unhappy one.
Let me now come to Section 40. Madam Speaker, we should not pretend that our people are engaged in non marriage associations which the Bill describes as civil partnerships. We live in a patriarchal society, a society which gives advantages to men. We live in a country where there are economic challenges. So, whether we like it or not, no matter how much we preach and from where we preach people are going to be engaged in civil partnerships. Many of these civil partnerships do not come from what you would call a basis tainted with turpitude - hakusi kuhuraba. So two children can meet at university Madam Speaker and start staying together, do not marry but staying together and actually have children and acquire property. That is a civil partnership. We need to recognise it. In the present law, as it stands without this Bill, there is something in our law called the doctrine of tacit universal partnership. Under the doctrine of tacit universal partnership, a woman or man is entitled to go to court and say even though we were not married we stayed together as husband and wife and we acquired property, therefore we are entitled to equal distribution of this property.
In England in the 1960s, there was a baby boom and it was an age of liberalism. People stayed together and entered into these civil partnerships. The problem with civil partnership was that after staying together for 20 years the man would walk out now and often times he has got more money. In 1968, in a famous case called Petit vs Petit, Lord Denin came up with the concept of a constructive trust – here we have got a tacit universal partnership. In England, they came up with a doctrine of constructive trust where a man and a woman not in a marriage stayed together; they are deemed to be in a trust. When that trust collapses they must divide equally the proceeds from that trust, children, property and so forth.
What Section 40 does is to recognise that whether we like it or not munhu wenyama munhu wenyama. Achatogara neumwe munhu whether pane rudo kana kuti pane chipfambi. If we do not recognise that people are going to stay together, there are going to be serious consequences particularly against the woman because the woman will get into a relationship, give it all to the husband or man. Madam Speaker, you will know as a woman that women are more faithful than men. By their very nature, women are more monogamous than men. By their very nature, men are polygamous vanenge zvikutu zvinoenda pese pese. For that reason, we need to protect women. Therefore, foolishly or with love, if you go and stay with someone’s else daughter and you build a life with her, there must be matrimonial consequences even though you do not have the legal heading or label of a marriage. There has to be matrimonial consequences.
I disagree Madam Speaker with the recommendation of the report that we should scrap Section 40 in its entirety. With great respect we should not. What we should scrap is Section 40 (5). It reads as follows: -
“a civil partnership exists notwithstanding that one or both of the persons are legally married to someone else or are in another civil partnership”. This is what we should scrap because we should still protect the sacrosanctity of the marriage. The Constitution protects that.
The Constitution protects the sacrosanctity of the marriage. If I am John Chibadura, I decide to meet Mary in Dotito and we decide to have a marriage in terms of Chapter 5:11, the law should protect that institution. That institution notwithstanding that ticharasika apa, is an undertaking that I will never associate with another man or union. For the good of this country and society we should protect that union.
What we need to say is that there shall be a civil partnership but a civil partnership does not apply where you have got a monogamous relationship. However, that does not mean that a woman who has been a victim of an errand husband who could not feed what his wife was feeding him and he decided to eat by the next door, the law should still say that woman can go to court and make an application to say ndipeiwo mapoto angu nemotokari nemba yekuBudiriro. In other words, there should still be proprietary consequences but that should not affect the integrity of the monogamous civil union or civil marriages.
I want to come to the issue of property. Women are suffering from four situations. The first one; as you know only 26% of women in Zimbabwe own immovable property. It does not matter whether you stay in Borrowdale or Umwinsidale, the property invariably is registered in the name of the husband. In the case of Anne Mutsa Madzara vs Stanbic Bank and others, Mrs. Madzara actually bought that house in Belvedere but the house was registered in the name of her husband. Then the bank went and sold the house in execution.
HON. MAMOMBE: I move that the Hon. Member’s time be
extended by 10 minutes.
HON. TARUSENGA: I second.
HON. BITI: That is the first situation. Husbands tend to own property because they work and they have a salary. Mortgages are registered in their name. When it comes to divorce the woman is actually better off because a divorce, it does not matter whether your name is on the title deed or not. Most of our people do not suffer a divorce, they are now suffering during the duration of the marriage because husbands are selling houses behind their wives back.
Husbands are getting into debt as in the Madzara case. The law should be that all marriages in Zimbabwe are in community of property. We should therefore repeal the 1929 Matrimonial Properties Act and it is unconstitutional. The Matrimonial Properties Act is unconstitutional because it says what the husband owns belongs to the husband. What the wife owns belongs to the husband but we have a Constitution including this Bill which says everything that happens in a marriage, the man and the woman are equal. We need to make all marriages to be in community of property. It does not matter if I am a husband, I have money or a business and my wife is a domestic engineer, she stays at home. We own that property together without discrimination.
The second area where women are suffering are women in the rural areas. Women in the rural areas are married in terms of unregistered customary law union. Munhu anongobvisa pfuma yake. Mazuva ano havachambobvisa kana mbudzi chaiyo. I have got an aunt who stayed together with my uncle for 25 years. Then my uncle found another young woman from the same village in Mazana Village, Murehwa West. My aunt was chased away from that house with four pots and four cattle but she built that home and it is a very nice home.
We need a property regime that says even for a rural home let us value it and you give me my value. If you cannot give me money, iwewe chibva pamusha pacho. This is happening in Malawi Madam Speaker. The Malawian Supreme Court has accepted a judgment that says it does not matter that the woman has gone into the husband’s village. When it comes to distribution of matrimonial property that rural home can be shared. Kana uri mhofu unobva pamba pamhofu, mai mhofu vosara ipapo nekuti mai mhofu vakakubarira vana. Madam Speaker, we need to revisit that. The third area Madam Speaker, is the area of land reform. We have two judgements that have confirmed that land given in respect of the Land Reform Programme does not belong to the husband or wife; it belongs to the State. Therefore, it cannot be subject to matrimonial distribution.
Madam Speaker, we have had the land reform for over 20 years. So what happens is a wife is married and often times the husband works in Harare or Bulawayo, so it is the wife who builds that farm, works so hard to buy centre pivots and build barns for the tobacco farm. However, when it comes to divorce, she is told this property cannot be distributed and she is chased away like a dog. Two judgements Madam Speaker, have confirmed this wrong position; the case of Chombo vs
Chombo and the case of Chiwenga vs Chiwenga. That is wrong Madam Speaker Maam. You can distribute lease rights. You know that all these township houses belong to the city council but when there is a divorce, you can distribute the rights in that lease agreement. We need to distribute the offer rights in an offer letter so that we protect women.
Madam Speaker, this must be contained in the Marriages Act.
In summary Madam Speaker, my submission is that let us not do a piece-meal harmonisation; let us do a consolidated harmonisation. I just want to talk about children. Section 3 of the Guardianship of Minors Act still says 40 years after independence that guardianship resides in a man. Madam Speaker, yourself as a woman and all the women here cannot get a birth certificate or passport for your child unless the husband is there. The problem is that the majority of children that are actually being born in Zimbabwe are not being born inside marriage; they are born outside marriage. So, the sperm donor or the one who gave you the child would have run away anyway. Where do you find him because he has run away from his responsibility? Because we now have a Constitution that says men and women are equal guardianship should actually remain with the mother. Even if the mother has 40 children, she loves them all but if a husband goes to “mainini John, vana wamainini John ndivo wakosha and she goes to mainini Sylvia wamainini Sylvia ndevake.” That is not fair Madam Speaker. Let guardianship resides with the mother.
In short Madam Speaker, these are issues that are filling the courts right now as I am talking to you. The busiest court in Zimbabwe is actually the divorce court. We have to make the lives of women easier and better and a starting point is to have a comprehensive marriage law that covers succession, property rights and the rights of children. I thank you very much Madam Speaker.
HON. NDUNA: I move that the debate do now adjourn Madam
Speaker.
HON. D. SIBANDA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 18th February, 2020.
MOTION
BUSINESS OF THE HOUSE
HON. MUTAMBISI: Thank you Madam Speaker. I move that
Orders of the Day, Numbers 3 to 9 on today’s Order Paper be stood
over until Order of the Day, Number 10 has been disposed of.
HON. D. SIBANDA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON ABOLITION OF DEATH
PENALTY ON THE ORDER PAPER
HON. D. SIBANDA: Madam Speaker, I move that the motion on death penalty which was superseded by the end of the First Session on the Ninth Parliament be restored on the Order Paper in terms of Standing Order Number 73.
HON. NDUNA: I second.
Motion put and agreed to.
On the motion of THE MINISTER OF STATE FOR
MASHONALAND WEST PROVINCE (HON. M. MLISWA), the
House adjourned at Eighteen Minutes to Four o’clock p.m. until Tuesday 18th February, 2020.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th February, 2020.
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
HON. MAPHOSA: I rise on a point of privilege Mr. Speaker Sir. You will correct me if it is not, I beg your indulgency. My point of privilege is on the matter of accidents with regards especially to ZUPCO buses. We are seeing a lot of accidents in our highways – [HON.
MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, can I be able to hear the Hon. Member? Hon. Member, can you proceed.
HON. MAPHOSA: Thank you Mr. Speaker Sir. My worry is these ZUPCO buses plying the highway roads are affordable and most of Zimbabweans have taken this as a privilege and way of living to them.
The rise in the accidents of ZUPCO buses is a matter of concern. There are not just accidents but they are fatal accidents and we are witnessing deaths. Yesterday as I stood up to try and put it forward another bus had an accident in Beatrice. I want this House to engage the Minister of Transport to at least give us a ministerial statement on how road worthy are these buses and how are the drivers have been taken on board. We want to know if they meet all the criteria because it could be the buses, the drivers or the roads. I seek your guidance Mr. Speaker Sir, thank you.
THE HON. SPEAKER: Your point of privilege is on the boundary between privilege and straightforward question. I think you should ask a question to the Hon Minister responsible –[AN HON MEMBER: Inaudible interjection.] – Sit down, you do not dispute my ruling. Sit down!
The Chair’s ruling is not subject to debate. If you feel that there has been some misunderstanding, you approach the Chair and then we give you that opportunity.
HON. PETER MOYO: I rise on a point of privilege on the report which was presented to ZIFA by CAF condemning our stadiums this year going forward. It means that we are not going to be able to host any football match in Zimbabwe exept boozers. Only Barbourfields Stadium was deemed to be fit but at the same time Mr. Speaker Sir, we cannot play football during the night because there are no floodlights.
THE HON. SPEAKER: Order, order. That is a straightforward question and is today. The advantage of asking a question is that you can have supplementary questions – [AN HON MEMBER: Kirsty is not
here.]-
HON. T. MOYO: I rise on a point of privilege Mr. Speaker Sir. My point of privilege emanates from an issue of national interest. It concerns the recruitment of teachers, especially in the rural areas in districts like Gokwe and Hwange.
THE HON. SPEAKER: Order, order. That is a straightforward question Hon Member.
HON. MUSHORIWA: I rise on a point of privilege and it is in this context. I am a Member of Parliament representing the Constituency of Dzivaresekwa here in Harare. My point of privilege is that in this House and as a generality, people have tended to misname the constituency that I represent. We are called Dziva-re-sekwa and not Dziva-ra-sekwa. So Mr. Speaker Sir, I request that this House together with various Ministries…
THE HON. SPEAKER: Order, ask a question to the relevant
Minister to correct that.
HON. NDUNA: My question is directed to the Minister of
Information and Publicity and in his absence the Deputy Minister of Information who is here as it relates to Section 141 of the Constitution on coverage of proceedings of Parliament via the radio in particular. What is the challenge as it relates to transmission and coverage of parliamentary proceedings via Classic 263 and other radio organisations that used to cover the proceedings of Parliament? I am aware that Section 141 provides for making parliamentary processes public through media.
THE HON. SPEAKER: Order, Please ask a straight forward question. Hon Members I want to remind you that matters of privilege must relate to the rights and privileges of the Members they must enjoy in the conduct of their work. Please note that we have wasted a lot of time under misdirected points of privilege.
MINISTERS WITH LEAVE OF ABSENCE
THE HON. SPEAKER: Apologies are noted as follows from the
Hon Ministers:
- J. G. Moyo – Minister of Local Government and Public
Works;
- O. Muchinguri-Kashiri – Minister of Defence and War
Veterans Affairs;
- M Chombo – Deputy Minister of Local Government and
Public Works
HON. GONESE: Thank you very much Mr. Speaker Sir. My point of order arises from the apologies which you have just read out. I have noted that you have read out three apologies. When you look at the benches for the Hon Ministers – Hon. Chinotimba and others who are sitting there are not supposed to be there – have made it appear as if the
Ministers are here. They are not actually here.
The point which I want to make is and I have raised it before Mr. Speaker – for those Hon Ministers who have neither apologised and who have not attended this session there are sanctions which are provided for in our Standing Orders. It is very clear that in terms of Standing Orders they are in contempt of Parliament. In the past the Chair has promised, and I believe that it is now time, it appears like this august House does not have any teeth. If it does, those teeth do not bite. It is now time for the teeth to bite and for you and us as an institution to actually invoke the powers which are provided for so that all those Hon Ministers who do not apologise, who do not seek leave of absence and who do not attend – there are some Hon Ministers like Hon Kirsty Coventry, I do not remember when I last saw her in this House.
The two Hon Vice Presidents, I know that one was indisposed but it is now a while since he has come back from China, they do not attend Parliament and yet it says Vice Presidents, Hon Ministers are obliged to appear on Question Time to answer questions from Hon Members. I therefore implore the Chair to invoke the powers that are provided for in the Standing Orders and hold those Hon Ministers accountable. That is my prayer Mr. Speaker Sir.
THE HON. SPEAKER: Order! I take note Hon. Gonese and we
will ask the Clerk to get the names accordingly.
*HON. CHINOTIMBA: Mr. Speaker, my point of order is that the Hon. Member spoke well but the Vice President of his party is also not in the House – [Laughter.] –
THE HON. SPEAKER: Hon. Member, I hear you.
Unfortunately, the Vice President of the opposition party is not a
Minister. So, your argument does not fall on that one of Hon. Gonese.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. MADHUKU: My question is directed to the Hon. Minister of Primary and Secondary Education. I want to know the Government policy on school fees increase. This comes in the wake of conflicting information to schools and parents about this subject. The other narrative is that Government has totally banned any form of school fees increase whereas the other one says that Government has actually frozen increases in tuition fees except for the other forms of fees like levies, building fund and sports fees. We noticed that in various schools fees have been increased and before it is approved learners are already sent back home to collect fees. We already have a lot of drop outs in the schools. May we know the Government policy? Thank you.
THE HON. SPEAKER: Order, order. This involves two ministries – [HON. MEMBERS: Inaudible interjections.] - Order! Do not attract me to send you out. When I call for order you should take that order. I was saying there are two ministries involved. If it pleases the Minister of Higher and Tertiary Education, Innovation, Science and Technology, if he can answer on behalf of the education sector.
THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (HON. PROF. MURWIRA): Thank you Hon.
Speaker. I wish to thank the Hon. Member for asking a question of fees. SDG 4 talks about access to quality education. I of course will talk on behalf of the higher and tertiary education sector. In the higher and tertiary education sector, we have been able to agree on the level of fees that are minimum to make the university sector be able to run in terms of access to quality education.
For humanities, we have put tuition fees as agreed through the processes at $3500; engineering and sciences at $4000 and life sciences which is veterinary science as well as medical sciences at $5000. We came up with this to make sure that the minimum which is needed to make universities run is met. However, we also know that we have to increase access. So what we have done is to introduce a Government backed loan scheme to improve access. We also had a private loan scheme which is offered by other banks but for the first time, for universities we have been able to give them operational fees which they have never been given since 2009. So we started this year to make sure that the fees are actually affordable and make sure that everybody has access to quality education. I believe I have answered the question to a certain extent. Thank you.
HON. KWARAMBA: The Minister has responded according to
tertiary education but he has not talked about secondary schools. I think parents have problems with fees at secondary schools.
THE DEPUTY MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. E. MOYO): Thank you very much Mr. Speaker Sir – [AN HON. MEMBER: Unonzi ani?] - I have said my name more than ten times in this Parliament – [HON. MEMBERS: Inaudible interjections.] On the question of the policy on school fees increase, the policy is that the function of increasing school fees rests with the parents, the SDC and the school administration. What happens is that if a need to increase fees has been identified, the three parties meet; the parents, the SDC and the school administration. A budget is proposed, adopted and if they agree on the new level of fees, they write a letter to the Permanent Secretary requesting for authority to raise fees. That letter should be accompanied by a register of all parents signed, who must also sign the register to confirm their presence.
He has spoken also about people sending children away to collect fees which are not approved. That is against the policy of the Ministry – [HON. SIKHALA: Inaudible interjection.] - [Laughter.] - If the matter is reported, we are able to charge those people. Mr. Speaker Sir, where such transgresses are recorded the teacher or the headmaster involved has to be charged by the District Schools Inspector. I thank you.
HON. TOGAREPI: Hon. Speaker, we have one of the Hon.
Members who is insulting the Minister, that you are dead – [HON.
MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: He insulted you.
HON. TOGAREPI: He insulted the Minister when he was presenting. I would request Hon. Sikhala to withdraw the word dead – [HON. MEMBERS: Inaudible interjections.] -
THE HON. SPEAKER: Order, order. Where there is dispute in terms of what is said, we refer the matter to the Hansard then we will make a ruling accordingly.
*HON. CHINOTIMBA: Mr. Speaker, my supplementary
question to the Minister of Higher Education is that he has responded and talked about money...
THE HON. SPEAKER: Are you talking about money or school
fees?
*HON. CHINOTIMBA: School fees.
THE HON. SPEAKER: You can proceed.
*HON. CHINOTIMBA: The poverty datum line in Zimbabwe went up but wages for people who have children that have enrolled at universities have not. The money that he is talking about, whether the Government will assist or not, we have more than 20 thousand students who will be going to university. The Government assistance is questionable because in the rural areas, the communities are in need of food. The timing for the increase in university fees is not correct. They should increase fees after the harvest. My question is, did you ever consider the salaries that people are getting? We are representatives of the workers. As we stand for someone who is gainfully employed; to get $800 and is expected to pay $5 000 is not practical - [HON.
MEMBERS: Inaudible interjections.] –
Hon. Prof. Murwira having stood up to respond.
HON. T. MLISWA: On a point of order Mr. Speaker Sir.
According to procedure, it was the Minister of Primary and Secondary
Education who was responding. We had already done away with the
Minister of Higher and Tertiary Education - [HON. MEMBERS:
Inaudible interjections.] –
THE HON. SPEAKER: Order, order.
HON. T. MLISWA: I withdraw my point of order Mr. Speaker
Sir.
THE HON. SPEAKER: Hon. Mliswa has withdrawn his point of order so you can proceed Hon. Prof. Murwira.
HON. PROF. MURWIRA: Thank you Mr. Speaker Sir. We determined the level of fees based on the minimums and following procedure. What we are basically saying Mr. Speaker Sir is that we have to have access to quality education. I also want to talk about whether we increased or we just determined the fees. Mr. Speaker Sir, our last ordinance of 2019 was in United States dollars. This is the first time since 2009 that we are putting ordinances of fees in Zimbabwe dollars. So it basically then means that we can talk about levels of fees not increases because if we talk about increases, we are assuming that we increased it from the United States dollar part but we did not. We just determined the fundamentals and what we need in terms of quality education. Mr. Speaker Sir, it is easy for us to go and amass in classes that do not have chemicals because we are talking about quality education, that do not have equipment. That is a populistic approach that can only destroy this country. So we are in the process of starting an education system that leads to the production of goods and services what we call Education 5.0. The Ministry of Finance and Economic Development through this Parliament already voted a lot to the Ministry of Higher and Tertiary Education. This is why the fees that we are talking about is reasonable. I want to thank the Hon. Members for having supported the Ministry in such a way. If we were not supported, we were not going to have fees at that level at all. We know Mr. Speaker that education has to be of quality. Otherwise there is no need to go to class which is not a class. I thank you - [HON. MEMBERS:
Inaudible interjections.] –
HON. SIKHALA: On a point of order Mr. Speaker.
THE HON. SPEAKER: You will ask a supplementary question.
HON. SIKHALA: I do not want to make a supplementary question. I rise on a point of order Mr. Speaker Sir. The Hon. Minister did not answer the question directed to him by Hon. Chinotimba. Hon. Chinotimba asked him a very simple question, did you reconcile the earnings of the workers and parents in Zimbabwe vis-a-vis the university fees that you have reviewed upwards. He went on a hunting of quality education but he knows that the role and duty of every Government is to have oversight on Government institutions. The universities that we are talking about are not private universities. We are talking about Government universities. State universities are entitled to a subsidy from Government. Why did the Minister not answer the question rather than avoid it? Did you reconcile the earnings of the citizens of Zimbabwe vis-a-vis the current fees increases that you have made at universities? Answer the question. If you are not going to answer the question, we will persist on you to answer it - [HON. MEMBERS:
Inaudible interjections.] –
THE HON. SPEAKER: Order, order. Hon. Sikhala, do not take over my Chair. It is only the Chair that can insist.
HON. SIKHALA: I withdraw.
THE HON. SPEAKER: Thank you.
HON. PROF. MURWIRA: Thank you Mr. Speaker Sir. We took
into consideration the general income of our parents. That is why for the first time, since the late 90s, we have now introduced a Government backed loan scheme. That alone is evidence that we know the levels of income of this country, again, because we are supporting the bills of the universities. For the first time, this Parliament voted for ZW$6 million for operation for each university and ZW$10 million for new universities. This is recognition that universities need to be supported. I would however be very happy if this august House gives me ZW$30 billion, then we will be able to do that. However, it is upon this House, the budget that we were given for universities is ZW$1.4 billion, which is according to what the country can afford and the fees are simply supplementing that.
So, we took into consideration the economic conditions and our procedure for determining fees involves committees at universities. The actual figures that we were given as a Ministry before we discussed on the 10th of January were way higher than what we are talking about right now. So, we played our moderation role, but the most important thing is, the state of any country is determined by the state of its higher and tertiary education system. If we need to develop this country, we need to support the Higher and Tertiary Education system and things cost money Hon. Speaker. Therefore, I am happy that this august House voted for a better budget than last year for my Ministry and we have taken into consideration the money that we were given and that which is earned. However, the issue basically is; the fees that we are charging, if you could see that we disconnected our fees from a US$ currency completely, they are completely disconnected. In actual fact, if we were thinking of US$, we are now paying much less, US$190. So, the issue is, the increase idea cannot be entertained because it is not true. We just determined a new level based on the Zimbabwean dollar.
Mr. Speaker Sir, we need to support our higher and tertiary education and we cannot politick with higher and tertiary education. If we politick with it we are politicking with our future. Higher education has to be supported with fees and has to be supported by Parliament. I thank you.
HON. KARENYI: Thank you Mr. Speaker.
THE HON. SPEAKER: That is the last supplementary question.
HON. KARENYI: Thank you Mr. Speaker. My supplementary Mr. Speaker, though it seems as if we are continuing to hammer on the same question; I just want to seek guidance from the Hon. Minister.
Yesterday, we were talking of a domestic worker who is earning
RTGS$165 and the reason why we are asking these questions Mr.
Speaker is; have you also taken into consideration that this year – I just want to say to the Hon. Minister, if he goes back to ask for statistics, most of the students are going to drop out of school because they cannot afford…
THE HON. SPEAKER: Can you ask the question.
HON. KARENYI: My question to the Hon. Minister is, can he elaborate how a domestic worker will be able to send a child to university? Does this mean that this Government is rejecting all those who are domestic workers, teachers or anyone who is earning below $4000 Mr. Speaker Sir?
HON. T. MLISWA: On a point of order Mr. Speaker Sir. My point of order is that, we must have Parliamentary committees which are alive to this. I must commend the Parliamentary Committee on Health which called the Minister to explain what was going on. Unfortunately, the horse has bolted at this point in time. It is incumbent upon any Parliamentary Committee to be proactive and to be able to talk about these issues. I think it can go before a Parliamentary Committee or a Ministerial Statement can be issued so that we further elaborate.
However, your Parliamentary committees are sleeping on duty. The Chairman of the Parliamentary Committee is Hon. Molokela; he could have invited the Minister to do an inquiry on it. May you speak to your chairpersons to be alive and proactive, the horse has already bolted –
[HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order – [HON. MEMBERS: Inaudible
interjections.] – Hon. Mliswa, you raised a point of order and I must respond. So, can I do so in silence please. What you said is quite correct but you see, the issues being raised now arise out of the exigencies of the opening of the schools last month. Therefore, the
Committee could not apply its mind timeously, accordingly – [HON. MEMBERS: Hear, hear.] – Just a minute. What is required is that; and you are correct here, the Chairperson and his Committee should take into cognisance the issues being raised and speedily meet and see how best the situation can be harnessed - those for tertiary and primary and secondary education.
HON. PROF. MURWIRA: Thank you Hon .Speaker. Hon.
Speaker, for the first time since the late 90s, the Government, through this Parliament has voted for ZW$105 million that is meant for students who might not be able to pay fees. So, Hon. Speaker Sir, this is exactly the evidence that we took into consideration those people who might not have the actual income to pay for that. So we have taken everything into consideration because we have two loan schemes; the other loan scheme which requires pay slips has already more than 25 000 students registered. This other intervention is the first one in 2020 and I want to applaud this Hon. House for having allowed us to start a loan scheme which is government backed of ZWL105 million and we are counting.
We expect this to be continuing, so, yes we did and this is the evidence.
HON. SIKHALA: Mr. Speaker, I take reservations when a person of an Hon. Ministers’ status misleads and not only this House but also the country.
THE HON. SPEAKER: Order! Can you sit down, I have not allowed you - [HON. MEMBERS: Inaudible interjections.]-
HON. SIKHALA: I have to correct some misinformation the
Minister has dished out to the world, it has to be corrected Mr. Speaker.
The Hon. Minister said only after the late 1990’s; has this Parliament ever passed a budget to support students who cannot afford their school fees at universities? Mr. Speaker Sir, I do not want to call that statement a lie but it is misleading. I graduated my first degree in the year 2000; we were obtaining loans and grants from Government. That process reduced whereby students were being given 100% loan. The loans that were given to university students continued until 2005. So for the Minister to purport as if he has made an invention from heaven, is misleading the world and is unacceptable.
Hon. Minister, do your research properly, do not mislead this House and also the country. The loans and grants facility has always been there, it is not his invention. The truth of the matter is that he must push the Ministry of Finance to subsidise our education in our country the way all others in this august house have made during the 1990’s.
THE HON. SPEAKER: I am sure that the Hon. Minister has taken note of that in terms of the – [HON. MEMBERS: Inaudible interjections.]- Order! The accent of the question was on those parents who cannot afford, the underpriviledged and I thought it was this august House that passed the ZWL105 million, that has not happened before. The issue is that for the first time this august House has passed a vote to take care of parents who cannot afford, including domestic workers.
HON. KASHIRI: Thank you Mr. Speaker. I would like to engage the Minister of Primary and Secondary Education. My question is centered on recruitment policy of teachers for primary school. Recently, we have seen transfers in schools, especially rural schools. However, teachers are employed at national level and then they are sent to teach in rural school…
THE HON. SPEAKER: Order! May Hon. Members direct their questions and not make statements please!
HON. KASHIRI: My question therefore is: is it policy that teachers should be recruited at national level or is it provincial or district level? We have seen teachers being recruited at national level then they are sent to teach in districts. Can the Minister not decentralise the policy to employ at provincial or district level? So, is it policy that teachers should be employed only at national level?
THE HON. SPEAKER: You read the mandate of the Ministry of Public Service, Labour and Social Welfare, you will be so directed. As a Hon. Member you can advance for amendment of that Act governing the employment of civil servants to suggest that it should be employed at provincial level. So the onus is on yourselves.
HON. T. MOYO: My question has been asked by Hon. Kashiri but it is a very important issue. What we are witnessing in the schools; last year in Gokwe North, 100 teachers were recruited…
THE HON. SPEAKER: Order, order! Hon. Member what is your question?
HON. T. MOYO: Mr. Speaker this is a very important issue that is the one I wanted to raise during a point of privilege…
THE HON. SPEAKER: Order, order!
HON. T. MOYO: Mr. Speaker, I deserve to be heard…
THE HON. SPEAKER: Order! Hon. Moyo, you humbly said your question had been overtaken. When I ask you to sit down you must sit down, if you repeat that I will ask you to leave the House.
HON. CHINANZVAVANA: Thank you Hon. Speaker. My
question is directed to the Minister of Finance and Economic Development. What measures have been put in place to ensure the expeditious disbursement of the TIMB Funds to the relevant Ministry in the Environment department as promised in the 2018-2019 budget so as to help them achieve their set objectives before we are seized with the disbursement of yet another tobacco selling season levy that is before us.
THE MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETLEMENT (RTD AIR CHIEF
MARSHALL HON. SEN. SHIRI): The Hon. Member correctly
alluded to the fact that…
THE HON. SPEAKER: Order, order! Hon. Member
Chinanzvavana, to whom was your question directed?
HON. CHINANZVAVANA: We are talking of disbursement of
funds, so it is directed to the Minister of Finance and Economic Development.
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. PROF. M. NCUBE): I want to thank the
Hon. Member for the question. It is a very important issue Mr. Speaker Sir that these disbursements should be expedited. We will do everything to expedite them and I think I agree with the semantic import of the question. I thank you.
HON. JOSIAH SITHOLE: Thank you Mr. Speaker Sir.
Hon. Mathe having stood up.
THE HON. SPEAKER: I see Hon. Mathe you are very anxious
to contribute, you must liaise with your Chief Whip so that your name appears on the list. I am guided by the list.
HON. JOSIAH SITHOLE: Thank you Mr. Speaker. My
question is directed to the Minister of Primary and Secondary Education. At our last sitting there were a number of issues talked about in terms of primary and secondary education, but I want to dwell on the issue of where we requested that children whose results were being withheld at schools be given to those children so that they progress with their education. May we know the position now as to whether that has been done?
HON. T. MLISWA: On a point of order Mr. Speaker. A Ministerial Statement was issued – [AN HON. MEMBER: Uri Minister wechii iwe?] – Ndiri Minister we Independent. Mr. Speaker, if you recall just before we adjourned Parliament you called the Acting
Minister of Primary and Secondary Education, Hon. Coventry and the
Permanent Secretary was also here for the Minister to issue a Ministerial Statement pertaining to that. Hon. Members do not read! A statement was issued on ZBC which touched on that.
THE HON. SPEAKER: Yes, Hon. Mliswa you are correct so we cannot be hammering on the same thing.
+HON. M. SIBANDA: Thank you Mr. Speaker, my question is
directed to the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement. There are farms in the rural areas which were meant to be grazing areas but now they are being issued out as plots. That is causing a lot of discord out there. Is there any change of Government policy on this issue?
THE MINISTER OF LANDS, AGRICULTURE, WATER,
CLIMATE AND RURAL RESETTLEMENT (HON. RTD. AIR
CHIEF MARSHALL SHIRI): Grazing land is allocated communally especially where A1 farmers are concerned. There is no one who is supposed to be settled on grazing land. I am aware we have got some cases whereby there are some overzealous lands officers who go on to allocate land without going through the appropriate land committee. It is mostly at the district level whereby whatever allocation is carried out, it is supposed to be sanctioned by the District Lands Committee. If that information is brought to our attention we will take corrective measures.
Thank you.
The Hon. Speaker having asked Hon. Mliswa to take the floor.
HON. WADYAJENA: Ndini ndanga ndatangira Tembaka Mr.
Speaker.
THE HON. SPEAKER: No! no! Hon. Wadyajena, you do not
address your Hon. colleague by the first name in this House. Please withdraw.
HON. WADYAJENA: I withdraw.
HON. T. MLISWA: Thank you very much Hon. Wadyajena for
that. Mr. Speaker, my question to the Minister is this issue of illegal settlers has been going on for a long time, where you have got politicians - it not only lands officers who were settling people and very much so it was ZANU PF politicians trying to gunner votes. In his wisdom the President offered this job to a Commander whom he knew very well will take no prisoners on board, what has he done to deal with that?
HON. RTD. AIR CHIEF MARSHALL SHIRI: Firstly, I am
not aware of any ZANU PF officials who have been resettling people outside the normal channels. However, if the Hon. Member has got evidence to that extend, we will be more than happy to look into the matters. We have been working with Police to flush out illegal settlers. However, in the process, we have been trying to identify those who are genuinely in need of land and in such cases we have ensured that we find alternative land for those who are genuinely in need of land but those who want to take advantage are being flushed out. Thank you.
HON. MARKHAM: Thank you Hon. Speaker. My question
arises from the recent trip of the Minister of Finance and Economic
Development to Davos. I would also want to cover the whole issue. Would it not be beneficial for this House if the Minister inform us of these policies before he informs the international community, the media and so on? Can the Minister inform us first on the following issues. He mentioned that bond notes denominations will be increased from $10 to $50. He also mentioned a Supplementary Budget, can he give us the Government policy on that and also clarify the issue of the roller meal subsidy to this issue as a policy of Government?
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (HON. PROF. M. NCUBE): Thank you Mr.
Speaker Sir. Let me first of all wish the Hon. Member a Happy New Year – [Laughter] – First of all, the issue about going to Davos is a forum not for announcing policies, it is a forum for engagement and reengagement, to continue Zimbabwe’s engagement with international community. That is the first point. On the specific question about the bond notes, I do not know where that came from. There is a very clear Monetary Policy Statement which I was actually repeating that at the moment our highest note is five dollars and we will proceed to issue higher denomination notes $10, $20 and maybe eventually $50. It is very clear and that is what I said. But what actually happened was someone – I will not accuse anyone - decided to spin it and then focus on the $50.
What happened to the $10 and $20, I do not know. I have never announced any policy around that issue.
Let me come to the roller meal subsidy, this is a normal subsidy policy by Government to subsidise the vulnerable. We have been subsidising transport through ZUPCO. We have been subsidising fuel before if you recall and we have decided to subsidise roller meal on this occasion. We initially set it at $50 per 10kg then we discovered that some unscrupulous and sharp people - maybe we have to give them credit as well but unscrupulous nonetheless decided to exploit the gap between the $50 and the current $102 for 10kg and making money out of it. They were also exporting the roller meal. I have seen it in the neighbouring countries and so forth. We decided to close that arbitrage gap by increasing the price as of yesterday to $70 just to close that arbitrage gap.
We will continue with this subsidy to subsidise the vulnerable. I must hasten to add to that we want to keep fine tuning the model of delivery and move to a targeted system where we target the beneficiary rather than going via millers and other intermediaries. That is where we are going eventually. A subsidy always works best when it is transparent, on the table and when it is budgeted for and when it is targeted. I thank you.
HON. MARKHAM: Thank you for the New Year’s wish, I
return the gesture with complications of the new year. I mentioned bond notes but my first question was actually that we as a House should know what is happening first before it goes to the public. The Minister answered that question that it had been spun. The issue on supplementary budget was missed.
The roller meal issue has not been covered. I would like to know where the Minister has been where they are selling this stuff because I have personally been to Chimoio and Livingstone and there is no Zimbabwe based roller meal there in the shops. It could be in the warehouse at the back but I have not seen it there.
He mentioned ZUPCO and I have a problem subsidising ZUPCO to the quantity of 80% and yet basic foods where people are hungry and you see queues all over you are subsidising to the tune of 25%. I cannot see how you can subsidise transport to 80% and people who are hungry only get a subsidy on roller meal to 25%. I thank you.
HON. PROF. M. NCUBE: I thank Hon Markham for those two supplementary questions. On the issue of the supplementary budget, I do not know what the issue is. I think the question I was asked, I think it was Bloomberg News and was whether the budget was adequate or something like that. I responded by saying that ordinarily if a budget is not adequate or we spend beyond what was approved by Parliament, we come back to Parliament for a supplementary budget. That is normal. That is what the question was all about. I do not think there is any controversy about that.
On the issue of the relativity of subsidies, that is a lot of detail. Of course we continue to evaluate the relativity of those subsidies – which one should be higher, which one should be lower, should it be at the right level and in fact the recent review as of yesterday of the roller meal subsidy price is a result of that kind of analysis. If he is saying that we should review the ZUPCO subsidy and other subsidies, we continue to do these things. We may change it in future and we may not but that is normal. I do not think we want to compare one subsidy to another. If you think about it, if the fuel price has increased which it has, it is even more imperative to subsidise transportation for the vulnerable than before. It makes sense to subsidise fuel to this extent.
Hon Markham then makes a comment about the absence of roller meal and he mentioned a specific place. We are aware of the absence of roller meal and our analysis was that this was in part due to this arbitrage opportunity which is distorting supply. We want to reduce that. There maybe other reasons such as simple availability, simple supply but we want to reduce the arbitrage opportunity as a source of this problem. I thank you.
HON. TSUNGA: The issue of roller meal is a very thorny issue in the country at the moment. My specific question relates to the committee set up to look into the issue of roller meal. I just want to understand from the Hon Minister what difference that committee is making in the supply situation of roller meal and what could be the key successes scored so far by that committee.
HON. PROF. M. NCUBE: Again, I thank the Hon Member for that supplementary question. For the record, that committee does not reside in the Ministry of Finance and Economic Development. It resides in the Ministry of Industry and Commerce and it is chaired by the Deputy Minister Hon Modi. I think he would be the best person to answer in terms of the impact, what he sees as progress made by the committee. The intention was to bring order but only he can give an account as how much progress he is making on that. I thank you.
HON. MAYIHLOME: My supplementary question to the Minister of Finance is - whom is he targeting with the subsidy because the subsidy is not clear as to whether he is targeting the entire population of this country? No matter how many times he increases the price, the people with money will go and buy that roller meal. It is like a dog chasing its tail. Who is he targeting because I have never seen a subsidy that is not targeted?
HON. PROF. M. NCUBE: Very good question indeed and that is what I said earlier on, that we want to target the subsidy. You cannot target the whole population. That is not targeting but it is universal coverage. How are we going to get to the target - we have a methodology. So far we have collected names of the vulnerable. We have almost completed City of Harare as an area. We should be able to complete Bulawayo by close of business today. By end of next week we should have collected at least the critical 90% of the names of all those who are vulnerable across the entire 10 provinces. We have the names, date of births, phone numbers and ID numbers. That is how you target because you have to know the customer. It is a KYC issue and we are determined to have this database as Government. It did not exist before. Maybe we needed this crisis to search for this database and that is what we are doing just to make sure that we can target well and there is no wastage.
*HON. MATAMBANADZO: Thank you Mr. Speaker Sir for
giving me this opportunity to ask my supplementary question to the Minister of Finance. I need clarification Hon. Minister. You said that –
[AN HON. MEMBER: Taurisa.] –
HON. T. MLISWA: Hon. Speaker, I think we have to be humane. We know he is not well and cannot speak the way he used to.
THE HON. SPEAKER: Order. Can we be humane? Please go
ahead.
*HON. MATAMBANADZO: I heard about the subsidy he was
talking about and the concern that was raised in this House for the
Minister to take into consideration that maize meal is now expensive. He responded by saying that he raised the prices because he realised the black marketers were actually expensive. My question is- Minister, if you hear that people are dying of hunger, are you going to further inflict them by killing them? My suggestion is that when you saw that the black marketers were selling at a high price, was it not right to do for example what you did with the transport situation? You came up with the ZUPCO project which actually led to a decrease in fares in the private commuter omnibuses. You fought that situation well but this current development of increasing mealie-meal prices, have you assisted the ordinary person or you have further burdened them?
HON. PROF. M. NCUBE: Thank you Hon. Speaker. I would
want to thank the Hon. Member. He spoke with such clarity and I appreciate that. Let me be clear. If you speak to the producers of roller meal Hon. Speaker, the cost build up price of roller meal is about $91 for 10kg. On a cost build up, that is what they are spending and that is what our research tells us. So, even at $70 which is the new subsidised price, we are still getting the subsidy of $21 per 10kg. It is quite major. The cost build up price is $91 and that is what our research tells us. However, we know that the retailers are selling in the market for a much higher price than that. They are looking at anything above $105; I hear some are selling at $130, so it is a huge price differential. We are saying to ordinary citizens, we will support and make sure that you will be able to buy roller meal at $70 but the cost build up price is actually $91. That is the cost to them. I thank you.
HON. MADZIMURE: The Minister seems to be agreeing that
retailers are selling roller meal at an exorbitant price, $100 and above. All these retailers are known and people do have receipts from these retailers. Can the Minister not come up with a measure to recover the money from those unscrupulous retailers because if he agrees that is the situation then there is no subsidy at all? We all buy from the retailers; we do not buy from the manufacturers. Can he ensure that the money that the retailers charge is recovered? Also, the names he is saying have been written from Harare, can he clarify where he is getting the names from because we represent the people of Harare. We have not seen the methodology that was used. We have not seen anyone knocking at our doors asking for names. How did he get the names because that is where another problem is going to come from?
HON. PROF. M. NCUBE: Mr. Speaker Sir again I thank Hon. Madzimure for those two questions. One pertains to the need to recover the difference between the exorbitant price and the cost build up price, if not the subsidised price. I do appreciate his frustration with this but I think that will be unrealistic. I think it might be tantamount to price control and there will be another outcry that this is price control by the backdoor. As Government, we still believe that the best policy is targeted subsidy; subsidise the person who needs to be subsidised and that is where we are headed. If in future we need to temper with that, we will deal with it but for now that is the policy that we think is best to deal with the issue lest we be accused of price controls.
On the lists, we welcome submissions of the list. In fact, we are struggling to source these lists. It was a combination of speaking to the development partners because some of them have been creating lists and started giving out food in the urban areas. There is also the analysis from the ZIMVAC report; we have names from that, so it is a consolidation from the information we have received so far from the development partners. We stand ready to receive any information from anyone that we think is vulnerable within Harare. We want to create a credible database that will target those who are vulnerable, so we welcome any information. I thank you.
HON. DR. MASHAKADA: Thank you Hon. Speaker Sir. The
other segment of Hon. Markham’s question related to bond notes and I have got a supplementary question on that. My question is – Minister, I see you are introducing higher denominations of bond notes which is a signal that there is no going back on the use of the domestic currency. What is your attitude to the re-dollarisation of the economy? People are re-dollarising, retailers are re-dollarising, everyone. The real estate sectors are re-dollarising. People are charging US dollars. If you search Hon. Members pockets, they have got US dollars and not bond notes. How do you vaccinate against the re-dollarisation of the economy which is now a reality. Thank you.
HON. PROF. M. NCUBE: I thank Hon. Mashakada for the
question. Again, I say happy New Year to him. He has two questions; one is on the introduction of the higher denomination notes. First of all, it is not bond notes for clarification. It is the Zimbabwe dollar, so we are talking about $ZW10, $ZW20 and so forth. We promised that we were going to introduce more cash into the economy and that is what we are going to do.
Let me then transition to his second question Mr. Speaker Sir on US dollarisation and so forth. We are aware of what is going on. Of course, it is illegal, they must desist from doing it. Also, we are aware of the other conundrum which is the speed of injection of Zimbabwe dollars into the economy. The speed is governed by our prudence that we should not flood the economy with the Zimbabwe dollar cash. We have to be prudent; we have to exchange RTGs dollar for the new Zimbabwe dollar so that we keep the amount of money in circulation the same. We do not want an excessive growth in money supply which will then cause currency volatility and push up inflation. So that prudence makes us to do things carefully and slowly but in the meantime the economy still needs cash. We can understand what is going on and that is one of the reasons but we are determined that we have to enforce the mono currency in terms of transactions. We also recognise that we are in transition and that transition will take time but we are injecting the domestic cash to make sure that transition can be speeded up. I thank you.
HON. MARKHAM: Mr. Speaker Sir, mine is a point of order because I have raised a supplementary question to the Minister. My question on subsidy has been answered but my question on shortage of roller meal has not been answered. Can we have a statement on the shortage of roller meal. Thank you.
*HON. MATAMBANADZO: Thank you Mr. Speaker Sir. I
want to thank you for giving me the opportunity to raise a question to the Minister of Mines. I see the Deputy Minister is in. My question is what does policy say in terms of looking after artisanal miners? I want to know to what extent they are being protected. I raise this question because yesterday on television, I noticed that the children were taken to jail because they were termed illegal miners. I further inquired and was told that the number had risen to 2 000. Has policy changed since the time we used to operate with President Mugabe and now with President Mnangagwa? These artisanal miners were bringing in more gold than the big companies. If the Government allows the artisanal miners to mine, gold will find its way to Fidelity Printers. Companies closed down because of the economic meltdown and most of the people resorted to mining. Today the situation has changed, they are being arrested for being artisanal miners. These people have gone back to the black market because they have become thieves. They cannot sell to the Government because they do not have licences, so they have gone back to the black market. That will lead to the collapse of the Government. What is Government? The Government is us the people but now with what is happening, that is not what should be happening. I thank you.
*THE DEPUTY MINISTER OF MINES AND MINING DEVELOPMENT (HON. KAMBAMURA): Mr. Speaker Sir, I want
to thank the Hon. Member for the question that he raised in terms of protection of artisanal miners. Artisanal miners have different categories. There are those who rush when there is a gold rush. It can be for a week and they can abandon the place and go to another place where there has been another gold rush. The other category is the one that is legally registered to mine in the legal way and they stay in those areas. Amongst the category, there are some who are not honest and they paint that category as unworthy. We want to protect the lives of the artisanal miners. In the past months, there was the issue of machete gangs and the Ministry of Home Affairs came in to protect the miners by arresting the machete gangs. We were latter informed that the artisanal miners were fighting among themselves but we later realised that there were outsiders coming to attack the artisanal miners. I want to say to the Hon. Member that our policy is to protect our artisanal miners to engage in their activities safely. The artisanal miners should be licenced for them to be able to mine. They should go and register and get registration certificates. Yes, there is a backlog that is there but we poured resources in provinces to clear the backlogs that exist. So by law, a person cannot mine in an area where he does not have the required documents. Those who have certificates should be aware that because of the rainy season, the land itself is fragile and mines can collapse. The young artisanal miners should desist from mining at this particular time because of the rains. We need to protect the lives of the artisanal miners. I thank you.
*HON. MATAMBANADZO: Thank you Madam Speaker. My
supplementary is that I have heard what the Hon. Minister has said. They want to protect the registered artisanal miners. Minister, I hope that you understand what I am talking about here and you know about it. Most of the mines were under the white men and they closed down and you know the artisanal miners are going to those mines. We requested in this House that they be allowed to go and mine. The closing of the mines is as a result of sanctions, unless maybe sanctions have been lifted since I have not been around for a while but if the sanctions still stand, most of them are closed. Their owners are there and they do not allow the artisanal miners to mine or give them registration licences for them to mine. That is not new to us and that is why I said this.
I received a call. I have not yet gone to Kwekwe, I do not know who told them I am now here. They told me that they are being arrested and are unable to mine. That is why I made that supplementary question to the Deputy Minister Madam Speaker. Please Minister, you should not forget that the mines that they are managing are being paid for 100 percent but all of them are not operating. The white owners are not giving mining permits for people to mine. I thank you.
*HON. KAMBAMURA: Thank you Madam Speaker. I want to thank the Hon. Member for the supplementary question. I think in our TSP programme, the President said that we need to reopen all the closed mines. As a Ministry, we are proceeding to ensure that these mines begin operations. We have already commenced this exercise and in a few months, you will see other mines opening. The mines that have been closed down were not closed because of sanctions but there are other reasons and we are looking into it. As a Ministry, we came up with a ‘use it or lose’ it policy for us to get clarification from the owners of the mines as to why they closed the mines and when they intend to resume operations. However, if there is no convincing response, the mines will be taken by the Government. The President is well versed with this issue.
The Hon. Member said that artisanal miners are going to mine the closed mines. That is illegal. They are not even allowed to be seen entering those mines. If they enter those mines, they will be arrested. We do not want them to enter into these mines because there are gases such as carbon monoxide underground and this can lead to death. If one manages to continue mining, the gas has an after effect after they would have come out of the mine. These miners also explore around the pillars which support the mining shaft from collapsing. If the pillars collapse, the mining shaft will also collapse. So, people who are doing that are being arrested. That is why I said that those who want to mine should do so in registered mines and in a legal way. I thank you.
HON. T. MLISWA: Thank you very much Madam Speaker. I
think the real question that must be asked to the Minister is not about the young people being arrested, it is the god-fathers of the young people.
Why are you not going for the people who own those shafts? Hon. Minister, as you are seated right there, in your heart you know the owners of those shafts. Why are you targeting young people when you know that most of them are in your party ZANU PF and they are the cartels which people are talking about. You know that very well. In your Ministry, there are others who are alleged to own those mining shafts leading to almost everyone owning a mining shaft – [HON.
MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order Hon. Mliswa.
*HON. TOGAREPI: On a point of order Madam Speaker. I think we are talking about policy issues and not politics. My request is that the Hon. Member should desist from talking about corruption issues and if anyone is engaged in corruption, they should be looked at in their individual capacity and not talk about political parties.
*THE HON. DEPUTY SPEAKER: Order Hon. Mliswa. That is
true Hon. Togarepi. Hon. Mliswa, if you have evidence of the owners of the mines, I am sure you have heard the Zimbabwe Anti Corruption Commission (ZACC) calling upon the public to bring evidence of corruption that is taking place. So, let us not talk about organisations but point out the individuals who are doing that. So, may you please withdraw your statement to say, ZANU PF.
HON. T. MLISWA: Hon. Nduna is before the courts over the issue concerning his mines. It is an issue that is before the courts and it was him and the Chief Superintendent. The issue is before the courts – [HON. MEMBERS: Inaudible interjections.] – You asked me to give evidence and I have given the evidence. Hon. Togarepi was correct and
I further qualify that by saying that Hon. Nduna’s case is before the courts in Chegutu for doing the same. It is important – [HON.
MEMBERS: Inaudible interjections.] – [HON. NDUNA: Hon. Speaker,
I ask for your protection, if I do not get your protection, I can protect myself. I have not been mudslinging anyone.] –
THE HON. DEPUTY SPEAKER: Take your seat Hon. Nduna – [HON. MEMBERS: Inaudible interjections.] – [HON. NDUNA: Temba, I think you just need to grow up.] – Hon. Mliswa, it is unlawful for you to speak of cases involving Hon. Nduna in this House because they are before the courts of law.
*HON. B. DUBE: On a point of order. I want to seek clarification from you Hon. Speaker. Is Parliament for Hon. Mliswa alone because the opportunities that he is given to speak are so many. We all stand up for supplementary questions but you always pick Hon. Mliswa. Since we started this session, Hon. Mliswa has asked so many questions and everyone else is told that there is no time. Is this a strategy for him to be popular? This is because we realise that what he says does not even make sense, so may you please give us equal and fair opportunities for us to make our submissions. I thank you.
*THE HON. DEPUTY SPEAKER: I have heard you Hon. Member. Hon. Mliswa, I have given you an opportunity but you are not asking the question.
HON. T. MLISWA: I am also putting a complaint to you that, do not just look at a list given by political parties, I am an independent
Member of Parliament, I have nobody who represents me…
THE HON. DEPUTY SPEAKER: I know that very well Hon.
Mliswa. Please ask your question.
HON. T. MLISWA: The question that I now ask the Minister is that; what is the Minister doing in terms of the ‘lose it or use it’ policy that is there? When companies are not using the mines, they are taken from them because the delay in using that law is making people become illegal miners. What are they doing about pushing the Mines and Minerals Amendment Bill which will be able to take care of artisanal miners? Those are my questions.
HON. KAMBAMURA: Thank you Hon. Speaker Ma’am. We
have started this process – [HON. MEMBERS: Inaudible interjections.]
–
THE HON. DEPUTY SPEAKER: Order Hon. Members. Order
Hon. Mliswa.
HON. KAMBAMURA: Hon. Speaker Ma’am, we have already
started the process of ‘use it or lose it’ policy. We have started compiling all those mines which were closed or are not being used to capacity. There are some mines which are bringing zero returns every month and they are keeping their claims through payment of inspection fees. We are calling owners of such claims and mines to come forward and show cause why they are not producing, failure of which the Ministry is taking over all those claims and giving them to people who have capacity. On the Mines and Minerals Bill, this is work in progress.
As I am speaking right now, Ministry officials and the Attorney General’s Office are deliberating on same issues.
Unfortunately, the Bill did not come to Parliament as we had promised last year. After going through it, we came across some other issues that needed attention, the Mines and Minerals Bill should be in sync with the Finance Act, the Environmental and Management Act, the
Criminal and Codification Act- it should be in sync with all those other Acts.
So we are working on the Bill so that it can come to Parliament once it is done, I think by end of April it would have been done.
+HON. R. MPOFU: Thank you Madam Speaker, firstly, this
House should know that there are disabled persons present in this House.
I had my name listed but I was not being recognized. Moving on to my question; it is directed to the Minister of Transport and Infrastructural Development and in his absence, to the leader of the House. What is Government policy on the Bulawayo, Matopo via Mapisa road; there are many potholes on this road and it is too narrow. A lot of accidents occur on that road; what is Government policy on that road so that it can be fixed allowing people to travel safely.
The officials from Ministry of Transport just put sand without cement. I think they should put cement when repairing those roads. As it is, it is raining; there are potholes throughout from Bulawayo to Maphisa. May the Government assist on that?
HON. T. MLISWA: On a point of order! Hon. Dube is being tribalistic, He is in Gweru, and the people of Gweru who voted for him are Ndebele and must know that he is tribal – [HON. MEMBERS:
Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Hon. Mliswa order! You are
disturbing the House, may you please go out! Hon. Dube may you
please take your seat – [HON. MEMBERS: Inaudible interjection.]- Order, order! Hon Mliswa may you leave this House.
Hon. Mliswa having been ordered to go out was escorted by
Sergeant-at-Arms
HON. DUBE: Madam Speaker…
THE HON. DEPUTY SPEAKER: Hon. Dube, I did not
recognise you, you are not supposed to be standing there. I did not give you the floor so I am sending you out of the House. You have to follow the procedures of this House; we have procedures in this House. May you go out – [HON. MEMBERS: Inaudible interjections.]-
Hon. G. Dube was escorted out of the Chamber.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam Speaker. Madam Speaker, if I understood, the Hon. Member’s
question pertains to a specific road and how the road is being repaired. I suggest that the Hon. Member puts that question in writing so that the relevant Ministry can respond to the specific issues pertaining to the narrowness and how the road is being repaired so that a comprehensive response can be given. I thank you.
Questions with Notice were interrupted by the HON. DEPUTY SPEAKER in terms of Standing Order No. 64.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
ASPINDALE SUBDIVISION A AND B LOCHNIVAR STANDS
- HON. MADZIMURE asked the Minister of Local
Government, Public Works and National Housing to explain to the
House –
- How the Aspindale Subdivisions A and B of the Lochnivar
Stands 48, 49 and 50 were done, considering that the title deeds 1523/61 were with CARRES Limited;
- who the current holder of the title deeds is,
- to confirm or deny whether Marimba Residential Properties solely hold any Title Deeds or Deed of Transfer No. 3928/96,
- to further elaborate how the Deed of Transfer dated 11th June, 1996 was issued on 25th March, 2003, in the absence of relevant documentation from the Marimba Residential Properties Limited,
- to also clarify the procedure used to change ownership in view of the fact that affidavit used to apply for deeds of Transfer was amended, a situation which in not legally acceptable,
- to further clarify the circumstances surrounding the remaining extent to Salisbury Park of Lochnivar measuring 80,7875 hectares registration number 3934/96 dated 7June, 1996, issued on 28th March, 2003, which has been made reference to in the affidavit that was issued for the application of the Deed of Transfer 3928/26 Stand No. 48, which is 100,313 4 hectares,
- to confirm or deny whether Marimba Industrial Park Properties Private Limited or Marimba Residential Properties Private or Limited are registered with the Companies and Deeds Office and if the Minister could shed more light on how the Deeds of Transfer were issued to a non-registered company; and
- assuming the land in question was industrial, to explain what procedures were followed to change it for residential purposes and if the council restoration could be produced for the same.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. M. CHOMBO): The response Madam
Speaker for questions (a) to (e) is that the Deed Office is the responsible authority.
- The response is that as for the remaining extent of Salisbury Park Lochnivar, it is a private owned land belonging to Marimba Residential Properties. The land has no approved layout plan.
- The company registration issues are to be answered by the Registrar of Companies which is under the Ministry of Justice, Legal and
Parliamentary Affairs.
- The City of Harare is still to supply us with the responses. I thank you.
HON. MADZIMURE: If I heard the Minister correctly, they are confirming that there is a company called Marimba Residential Properties but it is a fact that in the records of Zimbabwe there is no such company which is registered. So, how is the Ministry dealing with an entity that is not registered? How is it entertaining a company that is not registered but that has already sold massive land?
Aspindale Park – that company does not exist. There is no Marimba
Park. There is no Aspindale Park. There is no Marimba Residential Properties. It is not registered anywhere, meaning it is not even paying taxes for the land it is selling. How is the Ministry entertaining a non registered company in Zimbabwe?
HON. M. CHOMBO: Thank you for the question Hon.
Madzimure. As I stated, it is for the authority which is the Registrar of Companies to give us a specific answer if the company is registered or not registered. I thank you.
HON MADZIMURE: Can the then Minister promise that they are going to get an approved layout plan for that particular stand which the company has already constructed structures? Can the Minister promise that they are going to avail in this House a plan that has been used? If
the plan is not there, why has that company been allowed to construct in an urban area?
HON. M. CHOMBO: You can write that question and I will do the research and respond.
HON. MARKHAM: Could the Minister also clarify in the same issue because it goes right across the City of Harare; identify the land as to whether it is council land, private land or State land. The records show that State land always ends up in the hands of land barons.
HON. M. CHOMBO: Thank you Hon Markham. That question is
specific and I would appreciate it if you can put it down then I can do the research.
WITHDRAWAL OF OFFER LETTER FOR STAND NO. 48 IN
ASPINDALE PARK TOWNSHIP
- HON. MAZIMURE asked the Minister of Local
Government and Public Works to inform the House:-
- the circumstances on how the Offer Letter for Stand No. 48 in
Aspindale Park Township relating to subdivisions A and B which was allocated to two cooperatives namely; Joshua Mqabuko Nkomo, Wadzanayi and two others were withdrawn.
- what remedial measures have been put in place to address the challenges faced by more than 1300 families that were affected by the compulsory acquisition of the resettlement area;
- why the Ministry approved a layout plan HOE 22 following the July 2006 Operation Murambatsvina for resettlement and institutional stands through its approval circular No. S. I. 730 and
- to further elaborate why the Ministry received US$600 000 from the cooperative members as payment of the intrinsic value of the land and regularised the resettlement.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. M. CHOMBO): The offers were
withdrawn because they were erroneously issued on land that was not acquired and handed over to the Ministry of Local Government by the acquiring authority which is the Ministry of Lands, Agriculture, Water,
Climate and Rural Resettlement. I thank you.
HON MADZIMURE: Supplementary question. I just want to inform the Minister that the withdrawal issue went to court and on two occasions the Ministry of Local Government lost the case. The latest was last week when Leopold Takawira which is one of the cooperatives approached the courts contesting the withdrawal and the courts confirmed that the offer letter still stands and it is valid. That is the situation. Can the Minister explain why they cannot provide evidence which shows that land belongs to an individual? Why can they not pull the title deeds and present them so that the matter is brought to finality.
Here, we are talking of a place where 2000 households are already there.
The company that is being said to own this land is Marimba Properties which I have said is not registered. Secondly, the place is being given to Billy Rautenburg for free, for nothing. He holds no document. If the Ministry can prove me wrong they must bring the documents here to prove that land belongs to that individual.
HON. M. CHOMBO: As stated by Hon Madzimure, it is a case
which is before the courts and the lawyers are seized with the matter. We cannot discuss a case that is before the courts.
HON. MADZIMURE: The courts have ruled. There is no case
before the courts. Marimba Properties has tried to apply for a jointer and they failed to do so. So the courts have ruled. Can the person who purports to own the land withdraw from that land and stop harassing the rightful owners who were given the State land by the State.
HON. M. CHOMBO: If the courts have ruled, we abide by the
court judgment and it is a matter of effecting it. I thank you.
HARASSMENT AND INHUMAN DIGNITY OF LAW ABIDING
CITIZENS BY AN UNREGISTERED COMPANY
- HON MADZIMURE asked the Minister of Local
Government and Public Works to inform the House;-
- why law abiding citizens have been subjected to harassment and inhuman dignity by a company that is not ever registered in Zimbabwe and yet it wants residential stands for the same purpose;
- why alternative land is not being offered to the company if it is the legitimate owner of the residential property under operation.
HARASSMENT AND INHUMAN DIGNITY OF LAW ABIDING
CITIZENS BY AN UNREGISTERED COMPANY
- HON. MADZIMURE asked the Minister of Local
Government and Public Works to inform the House;-
- why law abiding citizens have been subjected to harassment and inhuman dignity by a company that is not even registered in
Zimbabwe and yet it wants residential stands for the same purpose;
- why alternative land is not being offered to the company if it is the legitimate owner of the residential property under operation.
THE DEPUTY MNISTER OF LOCAL GOVERNMENT AND
PUBLIC WORKS (HON. CHOMBO): Madam Speaker, registration issue of the company is to be confirmed by the Registrar of Companies. On the second question on why alternative land is not being offered to the company if it is the legitimate owner of the residential property under operation, Madam Speaker, the Ministry has no alternative land to offer the company. Thank you.
HON. MADZIMURE: I think this question falls off because the Minister has conceded that if the courts have already ruled then those people are rightful owners.
ISSUANCE OF TITLE DEEDS TO MBARE RESIDENTS
- HON. CHAMISA asked the Minister of Local Government
and Public Works, how far the Ministry has gone in terms of facilitating the issuance of title deeds to residents of Mbare, i.e. Majubheki, Tagarika, Magaba, Shawasha and Matapi.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. CHOMBO): Thank you Madam
Speaker. The City of Harare has not made a decision to convert from rental to home ownership in respect of Shawasha and Matapi because the facilities such as bathing and toilets are communal. In regards to Tagarika, Majubheki and Magaba, the council gave the residence options to purchase which were subsequently withdrawn in December, 2018 due to the fact that the residents failed to clear their service charge arrears which was one of the conditions of the offer to purchase. Over 2000 residents were offered the option in the city and only 41 were able to take up the offer. Thank you.
FORMALISATION OF HATCLIFFE CONSORTIUM SETTLEMENT
- HON. MARKHAM asked the Minister of Local Government
and Public Works when the Ministry would formalise the Hatcliffe Consortium settlement which has been in existence for the past ten years and to further explain when the settlers would get their title deeds.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. CHOMBO): Madam Speaker, the Ministry of Local Government and Public Works has made submissions to the Attorney General’s office with the intention to declare Hatcliffe as a development area in terms of the Urban Development Corporation Act.
The Attorney General’s office is finalising the matter and the area will be speedily developed once declared a development area. The settlers will get title deeds once they have paid servicing costs and land intrinsic values to the UDCORP and Ministry respectively in full and also when they complete construction of their structures to the satisfaction of the respective local authority. Thank you.
HON. MARKHAM: Thank you Madam Speaker. On the issue of
consortium, I have three issues. Firstly, there has been a recent land audit done by the Government of Zimbabwe and that audit report has not been availed to us. Secondly, this is all State land. The whole planning has been done by the State. This makes it unavailable to anyone who wants to see where the roads, water, sewer and electricity go. The part that irritates me most is that most of that land was allocated to land barons or developers who have not put a meter of water, sewer or electricity. The developers are still on the ground forcing people to pay. The Minister in her reply, said we are forming a special zone which I agree with. I agree totally with it but it has been going on for ten years.
The people on the ground are still paying the developers.
My biggest concern is this Madam Speaker, last year in a special planning budget, we budgeted $73 million under Local Government for special planning of which that covered 6000 stands to be sorted out in consortium. That money was diverted to sort out the subsidy last year, which was unbudgeted for ZUPCO leaving us dry. This year we are not even in the budget. So, the people are still carrying on. All I am asking for and I agree totally with Government’s position is, please let us do something. Let us do something, we are not doing anything. Thank you.
HON. CHOMBO: Thank you Madam Speaker and thank you Hon. Markham. I am glad you recognised that the audit was done, the audit by the Uchena Commission is online and anybody can access it. My Ministry is going through the audit report and we are going to implement what has been recommended. Thank you.
SELLING OF STANDS BY DEVELOPERS IN UNSERVICED
AREAS
- HON. MARKHAM asked the Minister of Local Government and Public Works–
- why developers have been allowed to sell stands, evict people and demand payment when they have not even serviced the area;
- what the Government is going to do about the non-existent
utilities.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Developers have not
been allowed to sell stands and evict people. The Ministry stopped developers from doing any activities especially in Hatcliffe North, through the appointment of UDCORP so as to sanitize the area and to ensure development that is proper and more transparent. The Ministry further issued a moratorium in the press that informed the general public to stop making any payments to both land developers, to sell stands and evict people under such circumstances.
The Ministry is in the process of reviewing all MOUs with developers so as to enforce provision of services. In extreme cases, withdrawal of the MOUs will be done and the area will be declared development areas. Thank you.
HON. MARKHAM: Madam Speaker, I thank the Hon. Minister for a frank answer. My supplementary question is, can the Ministry, along with UDCORP come and meet the residents on this issue because what is said in the House and what is on the ground is different. Thank you.
HON. CHOMBO: Thank you Madam Speaker. What we have
said is what is supposed to be done and the law enforcement agencies are the ones who are supposed to enforce the law. Thank you.
COMPLETION OF DUALISATION OF THE ROBERT GABRIEL
MUGABE AIRPORT ROAD USING THE HARARE PROVINCE
ALLOCATION
- HON. MARKHAM asked the Minister of Local Government,
Public Works and National Housing to inform the House why ZINARA completed the construction of the dualisation of the Robert Gabriel Mugabe Airport Road using the Harare Province allocation yet Auger Investment had been paid.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): It is my pleasure to inform this august House that the issue was dealt with as a result of a Cabinet directive for funds to be availed for its completion because the road had taken too long to be finished. However, further clarity can be provided by the Ministry of Transport and Infrastructural Development who are the parent Ministry of ZINARA. Thank you.
HON. MARKHAM: Madam Speaker, the issue is being evaded. Auger Investments were paid by land in Borrowdale. Then ZINARA came along and they were paid again. This is double dipping. So my question is a major problem. However, I will withdraw the question because it is being handled under another angle. I thank you.
REIMBURSEMENT OF CONNECTION FEES TO RESIDENTS OF
MABVUKU-TAFARA AND HARARE NORTH
- HON. MARKHAM asked the Minister of Local Government,
Public Works and National Housing to inform the House what the
Ministry is doing to reimburse the connection fees for the residents of Mabvuku, Tafara and Harare North who were expected to get a rebate for a period of four years following the passing of a council resolution to that effect and to further elaborate why the Harare City Council has only partially reimbursed such amounts and ignored some areas within the constituencies.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): Madam Speaker, indeed council resolved to reverse the connection charges for the four years in retrospect for residents of Mabvuku and Tafara. However, for other areas that had equally been affected, council relied on information from engineers who would trace the distribution pattern and establish the number of months or years for which reversals would be effected. In other words, any other areas included in this arrangement, we are at the discretion of the city engineers based on traceable evidence within the water distribution system. It should also be noted that the issue of reimbursement or reversal is a process that cannot happen overnight and due diligence in the interest of protecting public resources should be exercised all the time. Thank you.
HON. MARKHAM: Thank you Madam Speaker and thank you
Hon. Minister for your plan. For a point of clarity, the council resolution was passed when I was a councillor six years ago. The issue covered Mabvuku, Tafara, Borrowdale and Hatcliffe because they were not even on the pumping station list from Morton Jaffray to get water for four years. It was agreed that the connection fees for all four areas would be refunded to the residents. It was done partially, they got 48% of what they should have gotten but in Borrowdale and in parts of Mabvuku, they left out areas where they did not credit the residents. It is not a monetary thing, where they have to pay back the money. It is a matter of just crediting the bills for the correct months. I have the summary should the Minister so require. Thank you.
HON. CHOMBO: Thank you Madam Speaker. As I said, there are going to be reversals but we are now relying on the engineers to give us the information so that the reversals can be effected. Thank you.
HON. JAMES CHIDAKWA: Thank you Madam Speaker. I
wanted to know from the Minister if there is a timeframe since the resolution was passed in 2014 and it is now six years down the line. Do we have a timeframe of the reversal of the monies? Thank you.
HON. CHOMBO: Thank you Madam Speaker and thank you Honourable. I would be able to give the timeframe once I have referred to the Harare City Council.
CIRCUMSTANCES SURROUNDING ACQUISITION OF
NEWMARCH FARM IN BORROWDALE
- HON. MARKHAM asked the Minister of Local Government,
Public Works and National Housing to –
- inform the House the circumstances under which the
Newmarch Farm, in Borrowdale within the city limits was acquired and developed without the authority of the owner;
- elaborate how the outline plans from the city passed from the original owner to the developer without compensation; and
- explain how the developer was chosen and to further the protocol used since the incumbent had neither experience nor investment for the infrastructure.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): Madam Speaker, Newmarch Farm now called Carey
Crick was acquired by the Ministry of Lands, Agriculture, Climate and
Rural Resettlement which is the acquiring authority. The Ministry of Local Government, Public Works and National Housing develops on properties that have been acquired and handed over by the Ministry. The acquiring authority which is the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement can best respond on how the property was acquired.
Madam Speaker Maam, the developer applied for land and was allocated after meeting the Ministry’s requirements. The developer has so far completed servicing of the area. May you further be advised that the Ministry adopted the developer approach by then following the chaos and failure of housing cooperatives to achieve proper housing delivery that is accountable. Thank you.
REMEDIAL MEASURES TO COVER THE GAP ARISING FROM
THE WITHDRAWAL OF THE CHINESE LOAN
- HON. MARKHAM asked the Minister of Local Government, Public Works and National Housing to inform the House the remedial measures the Ministry has put in place to cover the financial gap arising from the withdrawal of the Chinese loan.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): Madam Speaker, negotiations to have the funds released under the $144 million China Exim Bank loan facility continues to be held. In the meantime, however, council is channelling devolution funds disbursed from Treasury towards water infrastructure upgrades. Also augmenting these funds are the usual PSIP loans. Council is also dedicating funds from its other revenue streams towards water programmes. Furthermore, council continues to engage with a number of potential funders to invest and partner in the water, sanitation and hygiene sector, noting the need for huge capital outlay to rehabilitate, repair, replace and upgrade plant and equipment which has either gone obsolete, has not been periodically maintained or no longer meet the demand of the current urban populations. Thank you.
HON. MARKHAM: Thank you Madam Speaker. My
supplementary question is a concern on the Chinese loan. I understand what the Hon. Minister we have an issue, when we are talking of Hatcliffe the loan that is being currently negotiated takes the water to the existing post, which is enough water for 20% of Hatcliffe. The existing needs another 7/8 kms of pipeline and another 4 mega tanks. However, this is not being included in the loan, it is absolutely essential if there is going to be any formalisation of any loan that this is included because it will help coordinate the whole issue under special development zone under UDCORP if the money is included in the network.
At the moment, Hatcliffe has not had water for four months, that is a high density suburb, very prone to cholera because there is no health facilities and the services that we have there are only for 20% of the population. Thank you.
HON. M. CHOMBO: Thank you Madam Speaker Ma’am. We
disbursed devolution funds to all the local authorities and we requested that they proritise the water and sewer reticulation and I will look at the plans that Harare City Council have if they include the Hatcliffe area.
Thank you.
MAINTENANCE OF DONATED BOREHOLES
- HON. MARKHAM asked the Minister of Local Government,
Public Works and National Housing to inform the House whether the
Ministry would intervene and maintain the donated boreholes which the Harare City Council appears to be having challenges maintaining as only 18 out of 27 boreholes are functioning.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. M.
CHOMBO): Thank you Madam Speaker Ma’am. In total, Harare has over 140 community boreholes dotted around the city and mainly concentrated in the western suburbs. 40% of these boreholes are working and the council is in the process of procuring spares for those which are non-functional in order to commence repair works. In the coming week, it is hoped that repair work would have commenced. It should be noted though that, the most sustainable way of managing boreholes is to ensure that they are community run. Thank you.
HON. MARKHAM: Madam Speaker, the issue of boreholes is a burning issue. The geography of Hatcliffe pertains to the council but the council is responsible for approximately 35% of the area of Hatcliffe.
Therefore the council’s answer is that they are responsible for those boreholes which are about 12. The whole of Consortium relies on boreholes and is under developers who have done nothing. The boreholes have all been donated, they are now broken and no one is fixing them. The only time a borehole gets fixed is if I or the council gets involved. The community run boreholes is fine but as you know, community run boreholes also have problems because when people are looking for cash and are hungry, it does not always work.
The other area where there is serious concern is Hatcliffe
Extension. The extension area is under council but it is non developed council land with no title deeds. So, all those boreholes are only being partly being serviced by the council. The problem comes with the land that is State land, who fixes those boreholes because people come for that water? The issue is very simple; the developer is not doing their job. Thank you.
HON. TOGAREPI: On a point of order Hon. Speaker. I get where the Hon. Member is coming from but it looks like we are now running like a council. I think the issues that are being raised, especially when he raises supplementary questions, he is talking about council activities. I do not think that this House should deal with that. That is where he comes from, they run those councils, can they deal with it at that level.
HON. M. CHOMBO: Thank you Madam Speaker Ma’am. Water
is a necessity and as I said before, the devolution funds which have been channeled to the local authorities have to prioritise water and sewer reticulation. I will implore the local authority concerned to do likewise.
I thank you.
MEASURES TO ENSURE RESIDENTS PAY OUTSTANDING
WATER BILLS
- TSUURA asked the Minister of Local Government, Public Works and National Housing to inform the House on the measures being taken by the Ministry to ensure that all residents pay the outstanding water bills.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON. M.
CHOMBO): Madam Speaker Ma’am, the President, in the just ended Local Government Investment Conference (LOGIC), which was held in Bulawayo highlighted that residents should pay up for services that are being rendered to them by their local authorities. Local authorities should also come up with initiatives that promote residents to pay their bills. For example, what the City of Mutare is doing to say, as you pay, you automatically qualify for winning competitions. I thank you.
ZUPCO BUS PROGRAMME FOR SILOBELA CONSTITUENCY
- M. M. MPOFU asked the Minister of Local
Government, Public Works and National Housing to inform the House when Silobela Constituency is expected to benefit from the Zimbabwe United Passenger Company (ZUPCO) buses programme in view of the fact that the current bus fares charged by the conventional buses one way are beyond the reach of many members of the travelling public in Silobela.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON. M.
CHOMBO): Thank you Madam Speaker Ma’am. I only have answers
to the questions which I have answered. I will take the rest next week.
THE DEPUTY SPEAKER: The Minister will bring the answer on question number 29 and other questions next week. So, we are deferring those questions from question number 29 to question number 32. You may approach the Chair Hon. Minister if you have something to say.
The Hon. Minister of Local Government, Public Works and
National Housing (Hon. Chombo), approaches the Chair.
Hon. Members having been speaking on the top of their voices. THE DEPUTY SPEAKER: Order Hon. Members.
WRITTEN ANSWERS TO QUESTIONS WITH NOTICE
COMPLETION OF MBIZO ROAD
- HON. CHIKWINYA asked the Minister of Local
Government and Public Works to inform the House when the Mbizo Road Section 10 of 18 whose tarmac was removed for resurfacing in July, 2018 could be completed.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Madam Speaker, the
contractor engaged to do the rehabilitation of the road, N-FRASYS (Pvt) Limited under Tender Number RKR/KK01/2018 failed to execute the work and the contract was subsequently terminated on 9 April, 2019. The termination was done in order to reflight the tender for the work. A new tender was flighted in August 2019 and preliminary tender evaluation results were sent to PRAZ for final evaluation and tender award recommendation. A contractor, Masimba Construction was recommended for award of the tender by PRAZ. The project is however stalling due to delays by ZINARA in releasing funding for the road rehabilitation project.
NAMES OF DIRECTORS OF A COMPANY WHO WON TENDER
TO RESURFACE ROADS IN MBIZO
- CHIKWINYA asked the Minister of Local
Government and Public to inform the House the names of the Directors for the company which won the tender to resurface roads in Mbizo but failed to complete the work.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (HON. CHOMBO): Madam Speaker, the
names of the directors of N-FRASYS (Pvt) Limited are Bulukani Scotch Masola and Tinashe Darlington Nhete.
REASONS FOR NON-COMPLETION OF RESURFACING OF
MBIZO ROADS
- CHIKWINYA asked the Minister of Local
Government and Public Works and National Housing to state the reasons why Mbizo Road resurfacing has not been completed for the time when the tenders were awarded to date.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. CHOMBO): Madam Speaker, the contractor who had been engaged to rehabilitate the road failed to execute the work resulting in the contract being terminated.
MEASURES TO COMPLETE RESURFACING OF MBIZO ROADS
- CHIKWINYA asked the Minister of Local
Government and Public Works to inform the House the measures being taken to complete the resurfacing of Mbizo roads and to state the expected dates of completion, particularly Maunganidze Road.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS (HON. CHOMBO): Madam Speaker, a new
tender to rehabilitate the road was flighted in August 2019 and preliminary evaluation was done at council level. Further evaluation of the same tender was done by the Special Procurement Oversight Committee of PRAZ. The committee has recommended that the new tender to rehabilitate the road be awarded to a different contractor at a value of ZWL$2,268,432,31. Council is now waiting for the release of project funding to enable the works under the tender to be expedited.
Questions with Notice were interrupted by THE DEPUTY
SPEAKER in terms of Standing Order No. 64.
MINISTERIAL STATEMENT
REPORT ON MAJOR EMERGENCIES: BINGA FLASH
FLOODS, CYCLONE IDAI RECOVERY AND TSHOLOTSHO
HOUSING PROJECT
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): Binga District in Matabeleland North Province, Nsungwale Area under Chief Sinakoma experienced heavy rains which resulted in some threatening floods. The flooded area is a meeting place of four, rivers namely Sibwambwa, Sikaanda, Namapande and Manyenyengwa. Due to the heavy backlash, all the 34 families in the flood plain were marooned and 1 person lost his life. May his soul rest in perfect peace.
Action taken
- The District Civil Protection Committee was activated and rescue of all the marooned was done through the Sub-Aqua Unit from Fair-bridge in Bulawayo on the morning of 11 February 2020.
- The District Civil Protection Committee has directed to intensify their assessments until they ascertained the actual number of people affected and confirmed figure is 34 households.
- The Civil Protection Department has dispatched food and nonfood items, including clothing and blankets to Binga. The international Organization for Migration (I.O.M) has mobilised tents as well as food and non-food items which have already been dispatched to the affected community in Binga.
- The District Civil Protection Committee is to continuously monitor the general health and condition for those with chronic illnesses who are being provided with medication. Welfare of the people for possible outbreaks of waterborne related diseases is also being monitored. Ministry of Finance and Economic Development is replenishing the department of civil protection budget to cater for travel and subsistence expenses for the responders.
Long term recommendations
- Undertake a deliberate replacing of all settlements in flood plains. This might entail the relocation of the affected families like what the Government successfully did in the Tsholotsho District.
- If resources permit, there must be a robust rural housing delivery programme to address the issues of sub-standard materials used.
- Capacitating of all civil protection organisations such as the Air Force of Zimbabwe, sub-Aqua Unit and Department of Civil Protection with all weather equipment in order to timeously respond to the vagaries of climate change. For instance, one helicopter was dispatched yesterday but it could not proceed from Gokwe North because the weather did not permit.
On the Sub-Aqua, we only have four points in Zimbabwe which is Chikurubwi, Buchwa, Changazi and Fairbridge. Fair Bridge is one which is close to Bulawayo so sometimes the response time is increased.
However, there were two other disasters that happened in the
Nkayi and Kwekwe districts. On the 10th of February 2020 at about 1500 hrs, a Harare bound ZUPCO bus driver lost control of the bus which had developed a mechanical fault. In an effort to avoid a head on collision with an oncoming Honda-Fit, the bust swerved to the extreme left.
However, the Honda-Fit still rammed into the rear right tyre of the bus. Three occupants in the car died on the spot, the bus went on to hit a big tree and further collided with a stationary minibus killing two people on spot while two others died in the bus. Two more people died on admission to hospital bringing the total to 8.
72 passengers were injured and admitted to Kwekwe General
Hospital. Furthermore, 52 people were injured in Nkayi district when a Gokwe bound bus hit two cows and landed in Tsananga River. The injured are being attended to at Nkayi and Mpilo Hospitals. We invoked Section 32 (C) of the Civil Protection Act Chapter 10, 06 of 1989 which enables assistance to be rendered in the form of RTGS$2500 per deceased victim. Further assistance for the bereaved and injured is being sort from the Insurance Council of Zimbabwe. More vigilance on the road is very imperative. I thank you.
HON. GABBUZA: Thank you Hon. Minister for the report. I just want to raise two questions for further clarifications particularly on the Binga floods. We appreciate what Government has done in terms of rescue but we still have a challenge of five wards that have been cut off because of the damaged bridge, severely damaged road and five wards even linking up to Gokwe cannot link up with the main center. What effort is being done to correct that?
Secondly, when you look at some of the problems that we have, we seem a Civil Protection to react only when there is a disaster. One of the major problems with this flood is the fact that the bridge itself which was damaged has not been inspected. We have always complained, it has never been repaired. Already it was half destroyed, and the floods only pushed it off. There are many such bridges, I have gone under seven or so bridges in the district, most of them can collapse at any time, it seems there is no inspection. Why are we not able to do these inspections and repairs before disaster strikes?
HON. MAYIHLOME: Thank you very much Madam Speaker.
My point of clarification is related to the issue of the structure of the Civil Protection Unit. These are at district level and provincial level, people who are mobilised when there has been a disaster. Why not have structured posts in the Ministry of Local Government, Public Works and National Housing, trained experts and have the logistics for such reaction to be properly earmarked to respond to such emergencies?
When disaster strikes, usually we start begging. We do not have the capability to mobilise these resources on our own. The Ministry should consider having a formal structure under the Ministry staffed by technical experts who will keep their stocks ready because this country has not seen the last of civil disasters. We had Cyclone Idai last year, this year we are having Binga floods and we have Corona-virus that is in the horizon. It is about time that we have structures to respond to these emergencies.
Perhaps, the point needs to be hammered home that the departments that assist the Ministry of Local Government should be properly equipped for response because the Sub-Aqua team may not have the equipment, the logistics and so forth since they do not deal with these that all the time. The Air Force as well needs to have that capability of night flying, rain weather flying and so forth. We need to address this thing wholesome.
+HON. M. M. MPOFU: Thank you Madam Speaker. I want to
seek clarification from the Hon. Minister. What is the qualification of those who are paid by the Civil Aviation on disasters? Two accidents happened, one occurred yesterday of a combi where two women died and the other one was a truck that ran into a cart and killed two people.
So, we want to know the criteria used by the Civil Protection to pay?
Thank you.
*HON. TSUNGA: Thank Madam Speaker. The issue of civil
protection is a pertinent issue. It seems as if as a nation we do not have systems in place, especially for early warning to ensure that people are prepared for disasters such as floods and other disasters so that we can quickly react to such disasters.
Madam Speaker, I want to give an example of Cyclone Idai. Up until now, people have not yet been resettled because of the floods that took place there, but we are told that there are new floods that are actually happening there. These are totally new disasters before we deal with the old one. What we need is to have artificial intelligence that enables the different Ministries that deal with such disasters to raise awareness to the public on such eventualities.
Bridges have not been reconstructed in Chimanimani and Chipinge. We understand there is a bridge that has not yet been completed but has been affected by the rains. So what it means is that the quality and standard of the workmanship is questionable. My appeal is how far have we gone in terms of coming up with early warning systems in order to raise awareness to the public on impending disasters. Also our reaction on such disasters is too slow and sometimes when it is done, the work that is done is substandard. So the quality of work should be monitored and it should be sustainable. I thank you.
HON. T. MOYO: May I start by thanking the Hon. Minister for the Ministerial Statement. I also want to appreciate the efforts that were done by the Government to assist people who were marooned because of the effects of the four rivers; the area is surrounded by four rivers. I need clarification on relocation. May I know if it is the first time that this area has experienced that huge water body which has affected the 34 families? If it is the first time, there is an issue of inertia whereby assuming that these people have been staying there for many years, they may want to resist relocation. What efforts are you going to put as Government in trying to educate them on the need to move? Are there efforts in place that have been mooted to ensure that people should be relocated? Thank you.
*HON. CHIDAKWA: Thank you Madam Speaker. I want to
thank the Ministry for the quick response on the Binga disaster. However I want to give emphasis to Parliament to say that if we look at the budget for the CPU the budget is very little, considering the challenges that we are facing in terms of disasters. There is the issue of climate change so I think we need to increase the budget for the CPU.
The other issue is the issue of raised by one of the previous speakers on Sub-Aqua Units. They are very few Sub-Aqua Units. As a country we need sub-aqua units in each and every area for us to respond to disasters promptly. That will limit the number of deaths that are incurring because of such disasters. Let us have sub-aqua teams dotted around the country for prompt assistance.
*HON. TOGAREPI: I want to thank the Government for the
response on the Binga Disaster. I think we have learnt from previous disasters so I see an improvement in terms of Government response. My request to the Minister is that we have the ZUPCO buses that are assisting in transporting the public. Has the Minister thought about the issue together with her colleagues on governing the speed of these new buses? On roads we find that these buses are over speeding. We may lose these buses if nothing is done in terms of the speed limit through governing and not speed limit that is determined by the driver. I thank you.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHOMBO): Thank you Madam Speaker. I want to thank all the Hon.
Members who have contributions towards my Ministerial Statement. We have put in place a structure and our structure is using the traditional leadership. We agreed that that will be the best structure, especially in the rural areas because everywhere we have the traditional leaders, the Chiefs, headmen and so forth. So we have strengthened those structures to be the first point of reaction whenever a disaster occurs.
Madam Speaker, just to re-emphasise on that, on the Binga issue, the Government through POTRAZ has acquired 17 cellphones and we have sent them to the 17 Chiefs in Binga, we have also acquired seven cellphones from POTRAZ and given them to seven District
Administrators in Matebeleland North and seven District Administrators in Matebeleland South and two PAs for Matebeleland North and Matebeleland South. We have also engaged them to try and improve on the network, especially the boosters as you heard that they had to travel long distances to report this disaster. So we are strengthening the traditional leaders on the ground as a first port of call whenever a disaster happens.
Madam Speaker, we have systems whereby Civil Protection
District reaction teams which can be activated if any second a disaster happens and so we have improved that district response committee to take it to the sabhukus through the traditional leadership.
The bridge in Biriri had not yet been commissioned, so it might be that it was hit at the wrong time when the rains came, but I still have to investigate further on that one.
There was an issue that was raised on the incompletion of the Cyclone Idai and the Tsholotsho Project. We did not have enough resources but I would want to respond to the report that on the Cyclone Idai, Treasury has availed $20 million of the $78 million required for the construction of the 220 housing units initially for those living in tents at Westend farm. The Government will use in-house capacity to construct the houses. The approach to be used will be highly labour intensive and the houses will be built at Westend farm, Chayamiti area and each household will be allocated a 6 000m2 stand.
On Tsholotsho, we also have building materials in the form of bricks, river sand, pit sand and roofing materials. All have been mobilised and are enough to build the houses. In the 2020 budget, if you notice an amount has been set aside for the construction of the outstanding 60 housing units and to date, 254 of the 314 houses have been constructed.
Also, thank you Hon. Chidakwa; if you look at the request that we had in the last budget for the 2020, it was sort of like shot down because when the Cyclone Idai disaster happened we requested heavily to be equipped as CPU but when the funding came to the debate we did not get the allocation that we requested and as such, we come back to this august House to try to push for funding to make sure that our CPU is fully funded.
Yes, we had not inspected the bridges in Binga but we have a team, the District Coordinating team on the ground. We have requested that they stay on the ground and give us a full report on what should be done, what went wrong and so forth. So I will be able to give you the updated report once I get the full details from the team on the ground. I thank you.
HON. TOGAREPI: On a point of order Madam Speaker.
THE HON. DEPUTY SPEAKER: What is your point of order Honourable?
*HON. TOGAREPI: The Minister omitted something as she was
clarifying.
HON. CHOMBO: I am sorry I had left out the issue of the ZUPCO buses. We have also noticed that trend that maybe some of the accidents that are happening are due to speeding and we are currently considering trying to put speed limits whereby a driver cannot go beyond a certain set speed and that is one of the items that we are considering to try to reduce the accidents on the road. Thank you.
FIRST READING
FOREST AMENDMENT BILL [H.B. 16, 2019.]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) presented the
Forest Amendment Bill [H.B. 16, 2019.]
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
FIRST READING
FINANCIAL ADJUSTMENTS BILL [H.B. 19, 2019.]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) presented the
Financial Adjustments Bill [H.B. 19, 2019].
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
FIRST READING
NATIONAL PROSECUTING AUTHORITY BILL [H.B. 20, 2019.] THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) presented the
National Prosecuting Authority Bill [H.B. 20, 2019].
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Madam
Speaker, I move that all Orders of the Day be stood over until Order of the Day, Number 32, has been disposed of.
Motion put and agreed to.
MOTION
PRESENTATION OF THE EDUCATION AMENDMENT BILL
[H.B. 1B, 2019] AS PASSED BY THE NATIONAL ASSEMBLY
TO HIS EXCELLENCY THE PRESIDENT
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS: Madam President, I move the motion
standing in my name that this House resolves that the Education Amendment Bill (H.B. 1B, 2019) as passed by the National Assembly on 27th August 2019, be presented to His Excellency the President for assent and signature in accordance with provisions of paragraph 6 of the Fifth Schedule of the Constitution of Zimbabwe on disagreement between Houses.
Motion put and agreed to.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the House
adjourned at Twenty Four Minutes to Six o’ clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 11th February, 2020.
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
COLLECTION OF ICT TABLETS
THE HON. SPEAKER: I wish to advise Hon. Members who
have not yet collected their ICT tablets to do so. Officers of the
Information and Communication Technology Department (ICT) who are distributing the ICT tablets are stationed in Room No. 311, Third Floor.
ACCESSING OF DOCUMENTS RELATED TO PARLIAMENT
BUSINESS
THE HON. SPEAKER: I also wish to advise the House that from
Tuesday 18th February 2020 onwards, the Votes and Proceedings and other documents related to the business of Parliament will be sent electronically and Hon. Members can access the documents from their ICT tablets. No hard copies will be printed. – [HON. MEMBERS: Inaudible interjections.] – Order, on the perceived inadequacies on the use of the ICT tablets, you need to liaise with your Chief Whips because we came up with procedures as to how those inadequacies can be technologically attended to. If you are in doubt, you see the ICT Department, they will advise you accordingly.
Let me take this opportunity to welcome all of you Hon. Members to this session and I hope you had a restful period with families. We look forward to our cooperative venture in promoting the work of Parliament together.
MEETING WITH COMMITTEE CHAIRPERSONS
THE HON. SPEAKER: Before I forget, I would like to meet the
Chairpersons of the Portfolio Committee on Local Government, Public Works and National Housing and the one on Public Service, Labour and
Social Welfare today before you go away.
^HON. MABOYI: My point of privilege is on the floods that have occurred in Binga for the past two days. Many people were affected by these rains to a point that they no longer have accommodation. Some of them are on tree tops. They need assistance. They have gone for some hours without assistance. They do not have food and accommodation because they have run away from water. For those who have been reporting about the issue, they have gone for more than 7 kilometres where they thought they would get help. I am saying these people need help. I thank you.
THE HON. SPEAKER: May I request the Leader of Government
Business to confer with the Minister of Local Government and Public
Works on the dire situation in Binga so that the Civil Protection Department can be engaged quickly.
HON. RAIDZA: My point of privilege is on the ZIMSEC
November 2020 examination fees which they have gazetted for
November 2020 from ZWL$15 per subject to ZWL$190 per subject for
“O” levels. These fees are on the high side and my request is that our Leader of Government Business can bring this to the attention of the Minister of Primary and Secondary Education so that he can look into the fees as they seem to be on the higher side which may result in a number of students might facing a lot of difficulties in writing their “O” level and “A” level examinations in 2020.
HON. MUTSEYAMI: My point of privilege specifically is directed to the Minister of Health and Child Care. My humble request is for the Hon Minister to come to this House and give an update as well as the nation at large on the challenges, preparations and everything else to do with the coronavirus, on the preparations we have done as a Government. Specifically, the Hon Minister has to address the question why Zimbabwe as a country is still allowing the coming in of Chinese visitors whilst we have first world countries like Russia, Australia and many other countries who have closed their borders due to the level of the challenge which is so massive that Zimbabwe as a country may not be able to solve. If ever this problem would come to us, it will be a mammoth task to address or give it the attention it deserves. Mr. Speaker
Sir, I put it to you that it be addressed as soon as possible.
THE HON. SPEAKER: Leader of Government Business, the
request for the ministerial statement on coronavirus by the Minister of Health. When I spoke to you Hon Minister about the Binga issue as raised by Hon. Maboyi, I did not recognise the Deputy Minister was there. So, you have to take it up Hon Deputy Minister with the substantive Hon Minister and perhaps by tomorrow and advise this august House as to what is being done to arrest the situation. May I also indicate that some of the points of privileges can be raised during Question Time. So, do not overstretch my indulgence. I thank you.
HON. KARENYI: I would like to draw your attention to the
Newsday of today, which I strongly feel that we need the Minister of Public Service, Labour and Social Welfare to come and explain on the issue of domestic workers’ wages. It was in the newspaper that the domestic workers will get $168 per month. I strongly feel that those domestic workers have children who are also going to the same schools with those who are teachers or Members of Parliament. We want the Minister to come and explain what would be the cause for it. Is it feasible that the domestic workers can survive on $168 considering that they also have children who are going to school and they also want to buy food?
THE HON. SPEAKER: The Hon. Deputy Minister of Public
Service, Labour and Social Welfare, I am sure you captured that. If you can give us a statement or your Minister can do so this week. Thank you.
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 1 to 6 on today’s Order Paper be stood over until the rest of the Orders have been disposed of.
Motion put and agreed to.
MOTION
RATIFICATION OF THE CONVENTION ON ASSISTANCE IN THE
CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL
EMERGENCY
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I move the motion standing in my name that;
WHEREAS in terms of section 327 (2) (a) of the Constitution of Zimbabwe provides that any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states of governments or international organisations shall be subject to approval by Parliament;
WHEREAS the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency was adopted by the International Atomic Energy Agency General Conference at its special session, held on 24th to 26th September, 1986, and opened for signature at Vienna on 26th September, 1986, and at New York in October, 1986, and entered into force on 26th February, 1987;
WHEREAS the Republic of Zimbabwe is desirous of becoming party to the convention to set out a framework for co-operation with other state parties and with the International Atomic Energy Agency to facilitate prompt assistance in the event of a nuclear accident or radiological emergency to minimise its consequencies and to protect life, property and the environment from the effects of radioactive releases;
WHEREAS the Republic of Zimbabwe is desirous of ratifying
Convention on Assistance in the Case of a Nuclear Accident or
Radiological Emergency;
AND WHEREAS the entry into force of the aforesaid treaty shall be conditional upon its ratification by Member States in accordance with their constitutional procedures;
NOW THEREFORE; in terms of section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid
Agreement be and is hereby approved for ratification. I thank you.
HON. DR. MASHAKADA: Thank you Hon. Speaker Sir. I just want to seek clarification from the Minister as to what has caused all these delays since 1987 when the convention was operationalised. Is there any latter day wisdom that has prompted the Minister to bring this convention for ratification since 1987? Thank you.
HON. NDUNA: Thank you Mr. Speaker Sir. I just want to applaud the Minister for bringing the convention for approval or ratification here in the august House. I want to also say Mr. Speaker Sir, as we ratify the convention as it relates to atomic energy and radiology energy, we need to be aware that as a country and as a global village we are moving with the times in terms of technology. Non-ratification and non-approval leaves us in the “born before computer era.” We need now to collaborate and network our institutions and our nation with the global village Mr. Speaker Sir.
The issue of nuclear energy and radiology is the in- thing. When you talk of chemotherapy or anything to do with cut- edge medical attention, you are speaking to and about radiology and nuclear energy. It is only fair, prudent and just Mr. Speaker Sir that we embrace the global trends and the global community in terms of safeguards and safety nets as it relates to protection of these materials and equipment in so far as our medical institutions are concerned. This is where it is prevalent in terms of its usage. Non-ratification would mean we continue to be isolated in terms of inviting help that we could easily be getting from the global village.
It is my hope my Speaker Sir, that we expeditiously approve the ratification of this treaty so that we duly embrace the help that we can get in terms of safety nets when disaster strikes or protection of such materials so that they do not get to unduly injure our innocent, unsuspecting citizenry Mr. Speaker Sir. It is with those few words Mr. Speaker Sir, that I want to applaud again the Minister for bringing this Convention for ratification. Mr. Speaker Sir, on that note, I propose that we ratify or we give that approval for ratification without delay. Thank you very much Mr. Speaker Sir.
THE HON. SPEAKER: I hope the Hon. Minister will clarify some misconception about the Treaty. The last Speaker was talking about radiography as part of treatment of cancer. The Treaty is not about that – [Laughter.] –
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I want to thank the two Hon. Members, Hon. Mashakada and Hon. Nduna for their contributions. I want to respond to Hon.
Mashakada and indicate that this House has been making calls to the Executive to say that we have to ratify these conventions and we have brought some of them for ratification and the Honourable Member is asking why are you doing it now when the House was calling that we should do it. Mr. Speaker, mwana oti ndoda sadza, womupa sadza obva ati ko wandipirei sadza randanga ndichikumbira, it becomes very difficult too. Mr. Speaker Sir, the long and short of it is the Second Republic is committed to ensuring that we ratify all the Conventions that are available for ratification and I would not speak for the regime that was there in the 90s as to why they did not ratify. I thank you. I therefore, move that this House ratifies the aforesaid Agreement – [HON. MEMBERS: Inaudible interjections] – Can you hold on please and listen. Hon. Member!
Motion put and agreed to.
MOTION
RATIFICATION OF THE ADDITIONAL PROTOCOL TO THE
COMPREHENSIVE SAFEGUARDS AGREEMENT
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):
WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign States of Governments or international organisations shall be subject to approval by Parliament;
WHEREAS the additional Protocol to the Comprehensive
Safeguards Agreement (Protocol) was approved by the International
Atomic Energy Agency Board of Governors in 1997;
WHEREAS the Republic of Zimbabwe is party to the NonProliferation of Nuclear Weapons Treaty but has not signed the additional Protocol;
WHEREAS the Republic of Zimbabwe is desirous of becoming party to the Protocol to strengthen and expand existing IAEA safeguards for verifying that non-nuclear materials and facilities for peaceful purposes;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the additional protocol to the Comprehensive Safeguards Agreement;
WHEREAS Article 17 of the Protocol provides that the Protocol shall enter into force on the date on which the Agency receives from Zimbabwe written notification that Zimbabwe statutory and or constitutional requirements for entry into force have been met or upon signature by the representatives of Zimbabwe and the agency.
NOW, THEREFORE, in terms of Section 327 (2) (a) of the
Constitution of Zimbabwe, this House resolves that the aforesaid additional protocol be and is hereby approved for ratification. I thank you.
HON. NDUNA: Thank you Mr. Speaker Sir. I just have one very important point that I want to put across. The Treaty that we are proposing for ratification speaks to and about the peaceful usage of nuclear energy. I therefore make a clarion call that we as a nation are endowed with ubiquitous amount of mineral wealth which includes uranium. It is therefore my proposal that; just next door in South Africa, they use uranium for the generation of nuclear power for peaceful purposes. It would not be bad; it seems that it is allowable that we use nuclear energy for peaceful purposes. I propose Mr. Speaker Sir, given that we are ratifying all these protocols and conventions that in the same vein, we also interrogate the usage of uranium for nuclear power to cover the deficit that we currently have as a nation. If a little ball of uranium is beneficiated, it can produce a lot of electricity for this nation. We currently require just below 3000 megawatts as a nation. I am sure we can produce more than 15000 megawatts and also produce for the Continent. This is my presentation Mr. Speaker Sir. As we do, I ask that we interrogate the usage of uranium. Thank you.
HON. NDEBELE: Hon. Speaker, the Minister has my full support because he seems to be undoing certain ills that the First Republic sat on for a long time. However, be that as it may Mr. Speaker, you will agree with me that this is a softer part of international law. I wish to find out from the learned Minister, when he intends to bring to this House a ratification of the Convention against Torture. Thank you Mr. Speaker Sir.
*HON. HAMAUSWA: Thank you Mr. Speaker Sir. I stand up to give a reminder on the things that we agreed on with the Leader of Government Business in the House. He said that when ratification of international treaties is taking place, it is important that the treaties should be availed to the relevant Committees so that clarity is made and the Committee can interrogate and share with other Members who do not understand like ourselves so that it can assist us when we come for ratification. If I go outside and the Herald reporter interviews me on what ratification means and how the people whom I represent in Warren Park will benefit, I may not be in a position to respond knowledgeably – so my request Hon. Speaker is that, he should avail the international protocols to the relevant Committees and we will know what the nation is likely to benefit from the ratification of these protocols. I thank you.
*HON. MATANGIRA: Thank you Mr. Speaker Sir. We want to thank the Minister for what has been brought before this august House that Parliament should oversee what is being done in the nation because we are the representatives of the people. Mr. Speaker Sir, as I was reading this thing, the word nuclear…
THE HON. SPEAKER: It is not this thing, it is an agreement.
Hon. Member, can you withdraw the statement, ‘this thing.’
*HON. MATANGIRA: I withdraw those words Mr. Speaker. This agreement that we want to ratify as a nation, in my view, I think I want to agree with the previous Hon. Member. Currently, we do not have electricity but we have a lot of uranium in this country and we expected reactors to be manufactured so that we have electricity.
However, once we have signed this agreement - we have witnessed in Africa, people like Saddam Hussein and Muammar Qaddafi; is that not going to entangle us in future? Yes, we need assistance so that if there is a radiological emergency…
HON. T. MLISWA: On a point of order. Saddam Hussein is not from Africa, if the Hon. Member can be guided accordingly.
THE HON. SPEAKER: Where is Saddam Hussein from?
HON. T. MLISWA: But you know where Saddam is from, it is
Iraq but it is not Africa.
THE HON. SPEAKER: I thought you were going to give a full educational intervention.
HON. T. MLISWA: No, but my point is…
THE HON. SPEAKER: He is from Iraq, it is alright. Now, I am sure you have taken the point.
*HON. MATANGIRA: Mr. Speaker Sir, in English they say,
‘birds of the same feather flock together’. Saddam Hussein supported the Africans, even the Chinese supported the Africans and for that reason they are also part of Africa. These agreements are good, it is important that we sign them, but I think we also need to interrogate and see whether this will not have any negative repercussions that will be obstacles in our country.
We had a lot of gold, minerals and a lot of natural resources a few years back but we are losing all those resources because of what is happening. I want to agree with the Hon. Member who debated before I stood up. I think we need to look at that agreement, engage our scientists for them to explain to us where the nuclear, radioactivity leakage is coming from and what has caused it. I thank you.
THE MINISER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I want to thank
the Hon. Members for their contributions. With regards to Hon. Nduna and his ideas the Minister of Energy is willing to listen to any contributions that may allow us to increase our energy output. So that is well received and the Minister will be able to listen to you. I want to thank Hon. Ndebele for supporting us and supporting Zimbabwe in signing and ratifying the additional protocol agreement. He wanted to know when the convention against torture will come to Parliament for ratification. Like I said earlier on, we have already started bringing all the agreements and conventions to Parliament for ratification. So this is work in progress, it is going to come. Hon. Hamauswa was worried that the Portfolio Committee was supposed to interrogate the said agreement which I receive well and believe is part of Parliament Administration duties to ensure that the respective agreement is referred to the respective Committee accordingly.
I finally want to thank Hon. Matangira and move that the afore said agreement be hereby approved by Parliament. I thank you.
THE HON. SPEAKER: In terms of Standing Order Number 20
(e), all international treaties, conventions and agreements stand to be referred to relevant committees. So, it is very important that the relevant committees seize the matter and ensure that they deal with the convention so that we understand the implication of the treaty so as sponsored before the House. I thank you. Motion put and agreed to.
MOTION
RATIFICATION OF THE JOINT CONVENTION ON THE
SAFETY OF SPENT FUEL MANAGEMENT AND THE SAFETY
OF RADIOACTIVE WASTE MANAGEMENT
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move the
motion standing in my name;
THAT WHEREAS, Section 327 (2a) of the Constitution of Zimbabwe provides that any convention, treaty or agreement acceded to concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisation shall be subject to Parliament’s approval.
WHEREAS the joint convention on the safety of spent fuel management and on the safety of radioactive waste management was adopted on the 5th September, 1997 and opened for signature on the
29th September 1997;
WHEREAS the Republic of Zimbabwe is not a signatory to the aforesaid convention;
Whereas the joint convention entered into force on the 18th June,
2001;
WHEREAS Article 39 of the Joint Convention provides that the
Convention shall be open for accession by all States;
AND WHEREAS the Republic of Zimbabwe is desirous of becoming a Party to the joint convention:
NOW, THEREFORE, in terms of section 327(2) of the Constitution of Zimbabwe, this House resolves that the aforesaid
Convention be and is hereby approved.
I move that the House approve the aforesaid agreement, I thank you
Motion put and agreed to.
MOTION
RATIFICATION OF THE CONVENTION ON THE PHYSICAL
PROTECTION OF NUCLEAR MATERIAL AND NUCLEAR
FACILITIES
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move the
motion standing in my name;
THAT WHEREAS Section 327 (2) of the Constitution of
Zimbabwe provides that any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisations shall be subject to approval by Parliament;
WHEREAS the Convention on the Physical Protection of Nuclear
Material and Nuclear Facilities was adopted by the International Atomic
Energy Agency General Conference on the 26th October, 1979, in Vienna, Australia, and opened for signature and Vienna and New York on 3rd March, 1980, and entered into force on the 8th of February, 1987;
WHEREAS the Republic of Zimbabwe has not signed the convention;
WHEREAS the Republic of Zimbabwe is desirous of the becoming party on the Convention to establish measures related to the prevention, detection and punishment of offences relating to nucluear material;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the aforesaid convention;
AND WHEREAS the entry into force of the afore-said conventional shall be conditional upon its ratification by Member States in accordance with their constitutional procedures:
NOW, THEREFORE, in terms of section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Convention be and is hereby approved.
+HON. D. SIBANDA: Thank you Mr. Speaker Sir. Do we still have some of the rules when we are talking about medicines from other countries? We need to look at some of the things which we can call dangerous weapons used to make those medicines. When we are looking at these, as women, these medicines are going to affect us health wise when using them. Most of the times women are the ones who look after ill people and these people will be using those medicines which are very dangerous to our health.
Mr. Speaker Sir, some of the people are very cruel, they can sell to us these medicines which are very dangerous to our health. We need to have rules which govern the movements of medicines from other countries to Zimbabwe. So, the Government has to take the responsibility of taking care of such issues. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the
motion be adopted.
Motion put and agreed to.
MOTION
RATIFICATION OF THE CONVENTION ON EARLY
NOTIFICATION OF A NUCLEAR ACCIDENT
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON ZIYAMBI): I move the
motion standing in my name:
THAT WHEREAS Section 327 (2) (a) of the Constitution of
Zimbabwe provides that any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisations shall be subject to approval by Parliament;
WHEREAS the Convention on Early Notification of a Nuclear
Accident was adopted by the International Atomic Energy Agency General Conference at its special session, 24-26th September, 1986 and opened for signature at Vienna on 26th September 1986 and at New York on 6th October 1986 and entered into force on the 27th October 1986;
WHEREAS Zimbabwe signed the Convention on the 26th of
September, 1986;
WHEREAS the Republic of Zimbabwe is desirous of becoming part, to the convection to provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimised;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the aforesaid convention;
AND WHEREAS the entry into force of the aforesaid convention shall be conditional upon its ratification by Member States in accordance with their constitutional procedures;
NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Convention be and is hereby approved for ratification.
THE HON. SPEAKER: Before you speak, on behalf of all of us we are happy that you are back in good health –[HON MEMBERS:
Hear, hear]- We hope God’s speed will increase your health once more.
I thank you.
*HON MATAMBANADZO: Thank you Mr. Speaker Sir for
giving me this opportunity because it has been long since I came to this august House to come and debate with my colleagues. Firstly, before I talk about the convention, I want to thank you Mr. Speaker Sir, for you advised me to go and seek medical attention. I also want to thank all the Members of Parliament who supported me; they are the reason why I am here because I took it for granted that I will be okay.
Lastly I want to thank all the Hon. Members for your prayers now that I am back in this House. It was a dangerous period for me. I changed to yellow within a day. I took a flight and sought medical attention. I never thought I would make it there but because of your prayers I got there and received medical attention. I want to thank Mr.
Speaker for giving me the opportunity to thank parliamentarians.
I also want to put emphasis on the agreement as I am also a legislator representing Kwekwe Central. Yes, nuclear is painful. Once you hear of nuclear it frightens you because it has killed a number of people even in Japan. Nuclear makes dangerous bombs. I am saying as Zimbabwe we should look at the issue of nuclear that is in the convention and that before we sign it – I am happy that we have not yet signed it; let us consider this agreement as Zimbabwe. There are those who make nuclear and they have made a lot of money because they are developed countries and have made money using nuclear bombs. We do not want to develop nuclear bombs.
We have a lot of mines that have uranium. If we mine uranium it will give us a lot of foreign currency. If it is bought by China or any first world country, it will give us better living standards in Zimbabwe.
Others have exhausted their resources, for example the Rambo movie – it is because of the mines that they had as they were mining uranium. We are not mining but do we have better standards? When we mine we sell to other countries and then we get money. I think the Minister is very clever. The Minister cannot sign something that will negatively impact on the nation tomorrow. So Minister, it is important that you need to look into it and see whether uranium will enable us to get our own electricity and other products because once we sign this and we allow people to come and sign we will not be able to use that uranium. We should stop the habit of getting loans from other countries. We need to look into that Mr. Speaker Sir.
Look at Britain- it left the EU hence the Brexit and we were told that the pound would lose its value. Brexit was a success. We left the commonwealth and the reason why we left is because we were being oppressed. We are saying let us not accept some of these things. We have brains and we should not be oppressed. They should know that with the education and knowledge that we have in Zimbabwe, their aim is to disadvantage us in terms of our economic success. I thank you. *THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON ZIYAMBI): I want to thank
Hon Matambanadzo and l also want to welcome him back. We thank God that he has returned in good health. I also agree with him that as we sign the agreement we are not signing because we do not want to mine uranium. The convention is there so that if there is an accident, there are ethics that we need to follow because we have the nuclear. So that is what it is saying and not that it is saying we cannot mine our uranium.
Motion put and agreed to.
SECOND READING
MARRIAGES BILL [H. B. 7, 2019]
Second Order read: Second Reading: Marriages Bill [H. B. 7,
2019]
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.
Speaker Sir. I present the Second Reading Speech of the Marriages Bill.
Mr. Speaker Sir, marriage is a most solemn and joyous occasion that seals the compact between a man and a woman to enjoy and endure life together in love and to raise children for the perpetuation of society. By this Bill Madam Speaker, we seek to give the sanction of the law to that most fundamental, indeed sacred bond which stitches our society together, that is to say the marriage bond.
Madam Speaker, of course this Bill will not be the first such law to do this. There are and have been laws, past and present, customary and statutory, that have regulated the formalities of marriage but by now they are badly in need of updating and consolidating. This Bill will combine in one law two Acts passed during the colonial era, namely the Marriages Act Chapter 5:11 which was passed in 1964 and the
Customary Marriages Act which was based on an Ordinance passed in 1917. The Marriages Act regulated what are known as monogamous civil law marriages while the Customary Marriages Act regulated potentially polygamous marriages between persons to whom customary law may apply.
Why do we need to provide for both kinds of marriage in one law? It is simply because in our social setting today, customary and noncustomary norms co-exist to a much greater extent than they did before. So for instance, it is not unusual today for a couple to contract a potentially polygamous customary marriage and then formalise their union under the Marriages Act as a monogamous union. This Bill will maintain the distinction between the two types of marriages but deals with them under the same statutory umbrella.
Madam Speaker, I will not rehearse in any detail the provisions of the Bill which are adequately summarised in the Explanatory
Memorandum but I would like to share with you some salient provisions to give comfort to those among us who think quite wrongly that this Bill will somehow revolutionise or even overturn the marriage institution or subvert cultural values. Far from it!
The first issue I wish to address is the problem of unregistered customary law unions. The transfer of marriage consideration (roora or lobola) in our indigenous culture traditionally solidified bonds between families. However, a disturbing trend has developed over time to commodify or monetise the marriage relation for material gain. Some guardians of brides hold out for the highest possible gain for themselves while others refuse to consent to the formalisation of marriage until the last cent of the marriage consideration is paid. This is why so many of our customary and non-customary marriages are unregistered. To solve this issue Madam Speaker, the Bill will no longer require a customary marriage officer to satisfy himself or herself that there has been an agreement on the transfer of marriage considerations. Please take note that the Bill does not abolish the institution of marriage consideration. If the parties do agree on the transfer of such consideration, the Registrar is under obligation to record it when registering the marriage so as to minimise disputes about the terms of such an agreement.
Related to the foregoing issue is the problem of customary unregistered unions or what are called “common law partnerships” which (quite apart from the opposition, if any, on the part of the parent or guardian) are not solemnised for various reasons. Not all of these partnerships are overlapping. For instance, it sometimes happens that a couple embarks on an unregistered customary law union, have children together and purchase property together during that union, but then one or both of the pair contracts a registered marriage with another person. What should happen about the care and custody of the children of the first union and how should the property of that union be disposed of?
We initially addressed this problem in the Bill by inserting the now discarded “civil partnerships” provision, which we will remove at the Committee Stage. I assure you Hon. Members that there was nothing sinister about this proposal. It was an attempt in good faith to help those women stranded between marriage and non-marriage because their partners, for whatever reason, could not or would not go through the formality of registering their union as a marriage. Compassion with women in those predicaments does not have to equate to hostility to the marriage institution. However, to prevent even the possibility that these civil partnerships may somehow provide an excuse for our men to bypass or diminish the marriage-bond, we as Government will not countenance civil partnerships in the hope that some other expedient in the near future will be devised to solve this thorny problem. We are open to helpful suggestions in this regard.
The other important issue taken up by this Bill is that of “child marriages”. The Bill will formalise the Constitutional Court’s ban on marriages of boys and girls under the age of 18. In doing so, the Bill is also aligning the marriage law with the Constitution, which expressly forbids child marriages. This prohibition will extend to both types of marriage, customary and non-customary. Anyone assisting, encouraging or permitting a child to marry will be liable to heavy criminal penalties and it will be an aggravating feature if the offender is the child’s parent or guardian. However, according to Clause 42 (3) of the Bill, the annulment of a marriage contracted by a child will not affect any rights the child may have acquired as a result of the marriage. This means that on annulment, the child will have the same rights to maintenance and division of property as a spouse has on divorce.
In conclusion, Hon. Members, I urge you to bring harmony to our marriage laws by enacting this most important Bill and raising it as a pillar to support this most cherished of our institutions, namely marriage.
I thank you Mr. Speaker Sir.
HON. MATARANYIKA: Thank you very much Madam
Speaker for giving me the opportunity to present the Portfolio
Committee on Justice, Legal and Parliamentary Affairs Report on the
Marriages Bill. I will not labour you with the introduction that the
Minister has already presented, save to say that I am going to present the Report as referred to the Committee by this House. Therefore, I will disregard any parts that the Minister might have discarded along the way. My report will be covering every part of the Bill as presented to the Committee.
The Bill addresses issues that affect the rights of individuals in different facets of society. In that regard, section 141 of the Constitution of Zimbabwe, mandates Parliament to engage the general public in its legislative and other processes of its committees and to ensure that the interested parties are consulted about Bills being considered by Parliament.
In fulfilment of this constitutional requirement, the Portfolio Committee on Justice, Legal and Parliamentary Affairs in conjunction with the Committees on Women Affairs, SMEs and Community
Development; Health and Child Care; Gender and Development; and HIV and AIDS undertook public hearings for the Marriages Bill. The public hearings were conducted in all the country’s 10 provinces covering 61 Districts from 25 – 31 August 2019.
COMMITTEE’S FINDINGS
Clause 1: Short title
Clause 1 is merely the title which no one had issues with and therefore accepted as in the Bill
Clause 2: Interpretation
2.2.1 Clause 2 talks about fundamental definitions used in the Bill.
Members of the public were particularly happy with the emphasis on the definition of a ‘marriage’ as a union between a man and a woman and nothing else. The definition of a child as anyone below the age of 18 was also applauded.
Clause 3: Child marriages
The Bill in Clause 3 outlaws child marriages, which was commended by the general public given that Zimbabwe has been experiencing a significantly high rate of child marriages. This provision aligns the Bill to section 78 of the Constitution which stipulates the age of marriage as 18. It also gives effect to the judgment in the Mudzuru Case of 20161 which outlawed child marriages.
The Bill does not discuss the issue of the age of consent to sexual activity. As the regulation of age of consent to sexual activity forms part of the sexual offences regime, this is provided for in the Criminal Law Codification and Reform Act [Chapter 9:23].
Whilst the Clause is commendable in outlawing child marriages, members of the public submitted that there are still shortcomings and there is scope to improve the Bill by strengthening mechanisms for prevention, detection, investigation and prosecution of child marriages, and also through provision of sufficient support to survivors of child marriage and measures to mitigate the impact of the same on their lives.
Clause 4: Consent to marriage
The Bill was commended for providing full and free consent by each part to marriage as this would reduce or do away with cases of forced marriages. Members of the public, however, felt that the Bill should make provisions for consultation of parents of guardians before any marriage is solemnised.
Clause 5: Nature of marriages
The public applauded the Bill for standardising all marriages in Zimbabwe and for affording them equal recognition, which signals a departure from the current regime where the marriages conducted in terms of the Marriages Act [Chapter 5:11] is considered to be more superior to the customary marriages conducted under Customary
Marriages Act [Chapter 5:07]. Some members of the public however submitted that inequality will continue as parties to a customary law marriage will still be able to convert their marriage into a civil one, but not the other way round (clause 5 (4)) “Upgrading” of marriages will remain a one-way process.
Clause 6: Legal status of spouses
The Bill was applauded for the provision of equal rights and obligations to parties during the subsistence and dissolution of marriage. However, the Bill does not expand on the issues of equal rights and obligations during the subsistence of the marriage particularly how it relates to property rights.
The case of Madzara v Stanbic Bank2 was cited as a typical example of how women who are not registered owners of most immoveable property in Zimbabwe lose out when the spouse sells the property arbitrarily on the basis of property law rights – as the registered owner. The protection in the Bill is only limited to instances of dissolution.
Clause 9: Designation of Chiefs as marriage officers
The Bill is commended for seeking to decentralise the registration of marriages by designating Chiefs as marriage officers who are empowered to register customary marriages. Whilst the provision was largely welcomed, it was submitted that the Government must ensure that necessary safeguards are put in place to address challenges that may arise from this new provision.
Safeguards may include that, in the exercise of judicial functions, traditional leaders and the decisions of their courts should be subject to review by magistrates to ensure compliance with the law.
Members of the public submitted that responsibility placed on chiefs to implement the Bill may be challenging for some chiefs due to their age or education level. It was further submitted that, following the Land Reform Programme, there are areas where no formal traditional structures exist and Citizens in these areas might remain prejudiced in accessing registration of marriages unless the Minister intervenes.
Clause 11: Certain persons may in certain circumstances be deemed to have been marriage officers
The Ministry of Foreign Affairs and International Trade made submissions for amendment of Clause 11 to include every
Ambassador/Consul General by virtue of their offices to be authorised to solemnise marriages in the country to which they are accredited to.
Such provision should extend to a case where one party to the marriage is a Zimbabwean.
Clause 16: Unregistered customary law unions
It was submitted that under the current law, there are only two marriages that have full validity. These are (i) civil marriage under the
Marriage Act (chap 5:11) and (ii) customary marriage under the
Customary Marriage Act (chap 5:07).
The Bill continues with the characterization of an unregistered customary union as a “limping marriage”. It is still an invalid marriage except in the limited sense relating to “status, guardianship, custody and rights of succession of the children of such marriage” under customary law.
It was noted that, it is a fact that the majority of marriages in
Zimbabwe are “unregistered customary law marriages”. All these marriages, both under current law and the Marriages Bill, remain
“limping marriages”. Yet their only difference is the absence of a marriage certificate.
Clauses 34 – 37: Registration of marriages
It was noted that one of the challenges emanating from the current marriage system, is its failure to detect cases of bigamy. Although the act of bigamy is a criminal offence in terms of section 104 of the Criminal Law (Codification and Reform) Act, there is need to ensure that safeguards are in place to detect the practice at an early stage. It was further submitted that, the Bill, in seeking to ensure registration of marriages, has made huge strides in attempting to curb the practice. The current safeguards in the law include the publication of banns and the notices. However, both have limited reach, hence limited impact in curbing the practice.
Participants stated that the Bill must provide for digitization of the marriage registry, with the database accessible to all marriage officers for verification of status of persons intending to marry.
Clause 40: Civil Partnerships
Clause 40 on civil partnerships was by far the most controversial and most referred to part of the Bill.
Submissions received by the Committee were in two completely different categories. Those against and those in support of provisions on civil partnerships.
Those against section 40 called for total repeal, as the practice is objectionable to the majority Zimbabweans who are Christians whose beliefs are based on one-man-one wife as was demonstrated by God when he created mankind. It was submitted that culturally the provision is unacceptable to Zimbabweans whose ubuntu, customs and tradition, identity, moral conduct and ethics are anchored on the sanctity and sacredness of a family, which is born out of marriage.
There were fears that the provision may be used as a vehicle through which foreign abhorrent practices will be transmitted to youths and future generations, leading to the destruction of a family as an indispensable social institution.
It was further submitted that civil partnership is a form of social deviant behaviour, whose effect legalizes immorality, promiscuity, and promotes spread of HIV and other sexually transmitted infections (STIs) and contributes to incidences of domestic violence.
The second category of submissions were of the conviction that section 40 was progressive as it is intended not to promote cohabitation but to 'determine the rights and obligations of the parties on dissolution of the relationship,' in which sections 7 to 11 of the Matrimonial Causes Act (Chapter 5:13) were pertinent, with regards to, among other things, duration of relationship; extent of common residence; existence of
sexual relationship; financial interdependence between them; acquisition and ownership of their property; and support of children.
Clause 42: Void and voidable marriages
Clause 42 provides for the possibility of annulling child marriages entered on or before the 20th of January 2016. This was a welcome development that meant to protect the child.
Further, the public noted that in the event that the child annuls the marriage, the Government should set up proper support structures and safety nets for children in need of care.
Clause 53: Amendment of Cap. 9.23
Submissions and opinions were divided on the issue of decriminalisation of the wilful transmission of HIV as provided for by section 79 of the Criminal Law (Codification and Reform) Act.
Those against criminalization of HIV were of the view that section
79 should be repealed as it does not only apply to people who deliberately and with evil intention transmit HIV to other people, its vague language means that any conduct can be a crime, including breast feeding. Therefore, members of the public viewed this law as making people living with HIV vulnerable to unfair prosecution, especially considering that the direction of transmission between spouses cannot be determined. To date, the section has been used to target women who cannot afford lawyers, as a result most of those convicted so far were said to be women, because women usually are first to know of their HIV status and are being falsely accused of bringing HIV into relationship.
Submissions were also made to the effect that those who, knowing that they are HIV positive, and do not disclose their status to their spouses, and wilfully transmit HIV should be prosecuted.
Some were of the view that that decriminalizing wilful transmission would be retrogressive in the fight against HIV and AIDS and submitted that wilful transmission of HIV, should remain criminalised and a stiffer penalty should be extended.
OBSERVATIONS AND RECOMMENDATIONS
The Bill in Clause 3 outlaws child marriages, which is commendable given that Zimbabwe has been experiencing a significantly high rate of child marriages. However, there are still shortcomings and there is scope to improve the Bill.
Recommendation 1
Lessons should be taken from the ‘SADC Model Law on
Eradicating Child Marriage and Protecting Children Already in
Marriage’ which creates a comprehensive mechanism for the state to offer financial and psycho-social support for children who would have been emancipated from child marriages and the protection of children against child marriages.
Age of consent to sexual intercourse should be addressed by the
Bill. It should be raised from 16 to 18 years
Unregistered customary law unions remain the most common marital regime with about 70% of women living in rural areas in Zimbabwe being married in terms of this marriage. The Bill refers to their existence, but the shortcoming raised by members of the public need to be addressed.
Recommendation 2
The application of the principles in the Matrimonial Causes Act relating to distribution of property on divorce should be explicitly provided to apply to unregistered customary law unions.
There is need to do away with the tag of “limping marriage” and recognizing them as valid, thereby putting them at the same level as registered marriages. The only difference will be that a marriage certificate is prima facie proof of the marriage while a party to an unregistered customary marriage would have to prove the existence of the marriage.
The Bill is commended for seeking to decentralise the registration of marriages by designating Chiefs as marriage officers who are empowered to register customary marriages in terms of clause 9. While the above rationale is noble, there are some problematic aspects arising from the proposal as it currently stands. Not every chief may have the capacity to perform the onerous responsibilities of a marriage officer.
Lack of capacity may arise from advanced age or illiteracy.
Recommendation 3
The Bill must not make all chiefs marriage officers by default. Instead, the Minister may designate certain persons to become marriage officers, including the Chiefs, the headmen or some other qualified persons upon meeting certain criteria. This may be operationalised through promulgation of regulations that will give effect to the criteria upon which designation of other officers may be premised for purposes of this Bill. The criteria may include level of understanding, expertise and experience in administering customary marriage related issues or any other consideration that will serve the best interest of this Bill.
The powers of the magistrate should be extended to include the
chiefs’ or any other designated persons’ functions as marriage officers under the Bill to ensure compliance with the law. This is necessary to ensure that the Bill does not create a legal vacuum
The Committee takes note of the submissions by the Ministry of Foreign Affairs and International Trade for amendment of clause 11 to include every Ambassador/Consul General by virtue of their offices to be authorised to solemnise marriages in the country to which they are accredited. It is the Committee’s view that such a provision should be extended to a case where one party to the marriage is a Zimbabwean.
Recommendation 4
Clause 11 must be amended for inclusion of every
Ambassador/Consul General to be authorised to solemnise marriages in the countries they are accredited.
A procedure of transmission should be as follows: Ambassadors/
Consul General shall apply the laws and regulations of the Republic of Zimbabwe for the Registration of Marriages, the Solemnisation and the issue of Certificates of Marital Status. The Ambassadors/ Consul General should forward without delay, the copy of the marriage entry to the Marriages Department at Makombe Building in Harare. Upon receipt of the marriages entry, the same Civil Registrar shall be deemed to have solemnised the marriage.
The Bill, in seeking to ensure registration of marriages, has made huge strides in attempting to curb increasing cases of bigamy. The current safeguards in the law include the publication of banns and the notices. However, both have limited reach, hence limited impact in curbing the practice.
Recommendation 5
The Bill must provide for digitization of the marriage registry. The database must be accessible to all marriage officers registering civil marriages to verify status of persons intending to marry.
However, processing of this information must be for purposes of this
Bill and must be guided by the provisions of section 57 of the Constitution which safeguards the right to privacy. Data may only be processed by authorised agents in the registry office through authorised documentation by the marriage officer or a court order.
A window period of twelve (12) months effective from date of the promulgation of the law should be given for registration of all marriages but at the same time open unconditional registration and issuance of birth certificates and identity cards.
The Committee commends the Bill for the provision to parties of equal rights and obligations during the subsistence and dissolution of marriage. It is observed that there is a current legal lacuna which pitches rights of real registered owner vs. the personal rights that accrue in marriage in relation to matrimonial property.
Recommendation 6
It should be established whether marriages should be ‘in community’ or ‘out of community of property which is the current position according to the Married Persons Property Act. We can follow the South African position which is in community of property or be guided by other jurisdictions which have placed protective measures that require spousal consent before dispossession, sale or hypothecation of property. Regarding dispossession of the matrimonial home, the written consent of the spouse should be requirement and a remedy must be made available at law for those who are in contravention.
Clause 40 which makes provision for civil partnerships has been challenged from a moral and religious basis. It is the Committee’s view that the provision undermines the monogamous nature of the civil marriage outlined in clause 5 (1) of the Bill.3 From a practical viewpoint, an additional challenge posed by the provision is in relation to the sharing of property at the dissolution of the civil partnership. The complexity is in determining the rights of the parties to the union at dissolution where one of them is married in terms of another marriage regime.
Recommendation 7
The entire Clause 40 of the Bill must be removed since it has sparked controversy based on among other things, unresolved property regimes.
The Committee noted that apart from stigmatizing persons with HIV, the criminalization of HIV transmission has detrimental gender dimensions. The Committee commends the Bill for abolishing the offence in its entirety, mainly to protect innocent spouses falsely accused of deliberate HIV transmission. It should be noted that the Bill does not abolish the mandatory minimum sentence of ten (10) years imprisonment for persons who are HIV positive and are convicted of rape or aggravated indecent assault or sexual intercourse with a young person.
Recommendation 8
Section 79 of the Criminal Law (Codification and Reform) Act [Chapter: 9:23] should be repealed. However, considerations of criminalisation when the wilful transmission can be proven beyond reasonable doubt should be effected
Despite the Bill setting out critical commitments that Zimbabwe must adhere to under international human rights law, it does not provide a framework for monitoring its implementation. Some of the critical commitments where the State must demonstrate the extent to which they have upheld the commitments include inter alia, the commitments to end child marriages, to promote equality in marriage and to ensure registration of marriages.
Recommendation 9
The Minister of Justice, Legal and Parliamentary Affairs must compile a report annually for presentation to Parliament on the progress made in implementing the provisions of the Act.
CONCLUSION
The Bill is commended for consolidating the country’s marriage laws and for providing for other outstanding matters related to marriage such as outlawing child marriages. However, there remain other issues related to marriages that must be expeditiously addressed to ensure full alignment of all marriage related matters to the constitution. The Bill is silent on issues of marriage and inheritance, marriage and property rights; guardianship and citizenship. The relevant pieces of legislation must be urgently reviewed. It would be most desirable to have a consolidated Act of Parliament covering all the key components of marriage law. I thank you.
HON. NDUNA: I will start at the tail end of my Chairperson’s report. Madam Speaker, the recommendation from the citizens is that children’s rights should be produced first and foremost instead of this
Marriages Bill to be consolidated with the children’s rights and all other issues that pertain to the age of consent. It was proposed by the entire citizenry that let there be a separate Bill that speaks to and about children’s rights, the age of consent and all additives that relate to children and their rights, as opposed to the issue of children’s rights being amalgamated and being put together with this Marriages Bill.
The second issue was the issue of educating the masses about the impending Bill by the line ministry as opposed to your Portfolio Committee on Justice, Legal and Parliamentary Affairs going on the ground to unravel the Bill for the first time to the citizens. Madam
Speaker, they wanted a whole Committee from the Ministry of Justice, Legal and Parliamentary Affairs to go and educate the masses about the impending Bill before your Committee on Justice, Legal and
Parliamentary Affairs goes on the ground. The systematic Committee from the Ministry should be empowered with the diverse language usage that is enshrined in the Constitution - the 16 languages and make sure that they educate the people using their diverse languages that they understand. They wanted this to be done before your Committee embarks on dealing effectively and efficiently with the Bill at hand.
Madam Speaker, the issue of children and under age marriages cannot be over emphasised. The Supreme Court judgment can be brought to note if the children are not registered, if they have no birth certificates, identification cards or they have nothing that they have in their names to identify them in order that we know their age. It was agreed by the citizenry that certainly anyone who is below the age of 18 should not be consenting to marriage. However the impediment factor is that the majority of children either in Matebeleland down in Binga or other rural entities have no birth certificates. They have been born in a house and not in a health institution. The Act in terms of the Birth and Registration Act seeks to make sure that every child born is registered within 42 days after birth, which is six weeks. That is not happening Madam Speaker Ma’am. So, for that, we need first and foremost as a proposal a moratorium for a period of nothing less than one year. Every child who does not have a birth certificate should be afforded a birth certificate, whether they are now with empirical evidence over the age of 18 or under the age of 18 so that if we are criminalising anybody who has been married to somebody who we deem to be under age, it is with empirical scientific knowledge and evidence that this person has got a birth and registration certificate, either in ID or a birth certificate. So it is a proposal Madam Speaker Ma’am because I was one of the Chairpersons that went around conducting oral evidence on the Marriages Bill.
It is a clarion call and proposal that there be a moratorium for every child in Zimbabwe that does not have a birth certificate to first have a birth certificate. Madam Speaker, we will end up having a situation where we are criminalising somebody who has married somebody whom he thought was 18 because of the structure, body and outlook, whereas that child will be under 18 according to their real birth age.
The third issue is of willful transmission of HIV/AIDS, that was struck down completely. The issue of criminalisation was struck down because it was said that women are the most affected. We are all born of a woman and at one time or the other during the issue of antenatal processes, they go to the doctor, present their results and interrogate their health status as it relates to HIV and AIDS so that the country can achieve the 9090 objective.
Having said that, it was a proposal by the citizenry that the criminalisation of willful transmission - because muti unowira kwawakarerekera and the apple does not fall too far away from the tree. Women are the most affected and the men never want to know their status. If they do, they do it nocturnally and outside the precincts of their marriage but women are always the first to go and give their status to their men who in turn turnaround and want to criminalise the women, what men can do women can do better. If we criminalise our women we are criminalising a nation. It was a proposal that let us remove that and let no one be criminalised for willful transmission because blatantly, it is women that suffer.
The fourth issue, I am an advocate of ‘He for She’ and I know that we are all born of women. The fourth issue on the appointment of chiefs as Marriage Officers, Madam Speaker Ma’am, it was an open proposal that the issue of sanctity of chiefdom and chieftainship should not be tampered with. It should remain as it is as chiefs are not voted for and they are not appointed by anybody. It is an issue of the family lineage in the chieftainship family. So except the issue of increasing their knowledge in the issue of marriage laws further than that or other than that, the Minister should not have the power to appoint or disappoint a chief in the marriage officership.
So this was a proposal and I make the same proposal Madam
Speaker Ma’am to this House, now that it was rejected and that it should not see the light of day in the current Marriages Bill.
Issue number five of e-governance – the marriage registry. It is also a proposal from the same citizenry which we presented the Bill to, where we conducted oral evidence that as we align the Constitution with the Acts, we need to embrace the issue of e-governance and make sure that all the other Acts are aligned to the Constitution …
THE HON. DEPUTY SPEAKER: Order, order Hon. Nduna. A
vehicle Toyota Allion, ADP 0480, grey in colour is blocking other vehicles. Please, may the owner go and attend to it. Hon. Nduna, you may proceed.
HON. NDUNA: Thank you Madam Speaker Ma’am. The issue
of e-governance was quite vociferously, eloquently espoused and proposed by the citizenry as it relates to aligning all Acts – not only the marriages registry, Marriages Bill and Act but all other Acts because they remove us from an archaic, moribund, rudimental and antiquated state of affairs and puts us in the generation of today which speaks to collaboration, coordination and networking – that is e-governance. It does not only create confidence in our registry systems but it also puts us in sync with global trends because a computer is rubbish in rubbish out.
A computer as it relates to revenue generation and plugging of revenue leakages does not ask for a bribe. So the registration of a marriage register is certainly applaudable and it was applaudable then during the oral session – it is applaudable now. It is applaudable in the future Madam Speaker Ma’am, and the issue of making an e-registrar and e-governance across the divide in terms of Acts is certainly applaudable. I speak for other Acts as I speak for this Bill as well as it relates to e-governance.
Madam Speaker Ma’am, the issue of civil partnerships…Aaah – [Laughter.] - that one torched a lot of storm to an extent that those women out there who are not married - In Chivhu when I presented, a woman stood up and said, ‘I will not reject a proposal when it comes from any number of men including Hon. Nduna. If he proposes to me, I will make sure that I accept because I want to be part of the inheritance when he passes on if he is a well to do person like I know he is’. So you can already see Madam Speaker Ma’am that there are people who, because of that civil partnership clause, would have gone into marriage for ulterior motives as opposed to the sanctity of the marriage that we know.
Madam Speaker Ma’am, that same clause - when we went to
Mutoko, a certain man stood and said, ‘do not sanctify your shenanigans you parliamentarians. We failed to beat you up when you were young and we failed to control you but now we are going to fail to control you because you are bringing your ethos, values and Acts to protect your acts that you are currently having at your age. Now, we as parents can no longer beat you up, we can no longer control you but you now want to sanctify your nocturnal Acts by bringing in Section 40 so that there can be civil partnerships, mapoto today, a woman married to more than five men and having a situation where they can get some remittances from all the men.’
They painted a gloomy picture on this Bill and asked for the sanctity of marriage to continue in the same way that it was before this Bill. They said that, ‘marriage is the only fortress or only standing pillar currently’ and ‘everything else has fallen but the pillar of marriage is still standing and should not be defiled’ and this is their line of thinking.
So they said that, ‘further to the eradication of this Section 40 which can fuel a lot of nocturnal activities and bring upon this God fearing nation, a lot of issues amongst them the issue of lack of rainfall – there is little rainfall coming onto this nation now seemingly because of such Bills and sections.’ It is therefore applaudable that this section has been removed but further to that, they call…
THE HON. DEPUTY SPEAKER: Order, order, Hon. Nduna,
you are left with five minutes.
HON. NDUNA: Thank you Madam Speaker Ma’am for the five
minutes. So they called for, that we need not to bring to the citizenry our issues that we are currently creating on our own and they are saying that the present state where anybody who is in Chapter 5:11 can be criminalised for adultery are good enough as opposed to trying to originate another Bill that might be seen to be covering that issue.
Madam Speaker Ma’am, I will again want to emphasize the issue of birth certificates and the issue that every child should be registered as long as they are here in Zimbabwe. Further to that, Section 35 up to Section 38 of the Constitution speaks to and about the registration of everybody who has been living in Zimbabwe for over 10 years to be given a citizenship status. So if we are in a quest to align our laws with the Constitution – a nation is viewed in the manner and the way it upholds its own Constitution. We need to make sure that this Bill does not pass a litmus test if it is not aligned to Section 35 and Section 8. It is not aligned to Birth and Registration Act. We need to align laws as we debate the Bills here in Parliament so that clarion call further to the 12 months I had proposed at inception, I ask that it be elongated to 24 months because in Chegutu West Constituency there are a lot of children that are criss-crossing the width and breath of Chegutu who do not have birth certificates. Luckily, they have got a Member of Parliament in the form and mould of Hon. Dexter Nduna.
They go to school without those birth certificates, they can learn as much as they want in a school of their choice, they can go and get their results and even to secondary – but time has come now for us to do everything by the law. I thank you Mr. Speaker Sir for the time you have given to me to eloquently, vociferously, effectively speak out about this marriage Bill. Thank you.
*HON. T. MLISWA: Thank you very much Mr. Speaker Sir. I
will talk about this in Shona. Sub-clause (5) of Section 40 is the most contentious one. I want to thank the Minister for agreeing to remove Section 40 (5). It actually shows that as Parliament, the Minister listened to us when we brought submissions from the people. As Parliament that represents the people, we should be seen to be representing everyone. We should not discriminate others. There are laws or legislation that protects everyone.
Those who want to be in civil marriages, Section 40 protects them but the challenge was that you cannot be found under Section 40 and under Section 5. Section 5 (2) allows that one can have a polygamous marriage. So we do not want to discriminate against those who want to be in a polygamous marriage because it is allowed in Chapter 5 (2). Under Section 40 (5) they were gaining both ways and they were benefitting more than the first wife. What this Bill has done is that it has separated the marriage unions.
On the issue of AIDS that has been talked about - we are stigmatising. We should not turn a blind eye to HIV and pretend we do not know about it. For those who do not know that if you are positive and the wife is negative, you can have intercourse without a condom and the child will be negative. I am trying to explain that AIDS is not something that we should be making noise about when we have more diseases that are more chronic like diabetes and hypertension. For those people who used to take 10 tablets, they are now taking one tablet because there is medication.
If you are HIV positive, you continuously take your medication and at a certain time you are found to be negative – my request is that
MPs who represent people in this House should be well educated.
Recently, it was being said that if you want to have a child there is insemination that was done but that is no longer done. You are given time to be tested, determine the safe viral load and you are told to have your child in order to give birth to a free HIV infected child.
We are being taught that if you do not want HIV, as a woman you can use condoms. Why you are not telling your husband - if you are enjoying it that is your own fault and when it comes you have to face the heat. It does not mean that when you are married there is no prohibition from using condoms. I am saying this because in 1995 my father was HIV positive and my mother was negative. I talk about this experience because my father died in 2017 from 1995. So I am talking about it because I have my father’s experience. He said that we should educate the people. That is why I can talk about it freely.
We should not stigmatise. HIV has gone to a stage whereby it is no longer scary. What we should be talking about are sexually transmitted diseases because they are more deadly than HIV. If we say that we are protecting from STIs, then it makes sense because with HIV there has been a lot of progress because of science.
On early child marriages, there is a contradiction. It allows that those aged 16 can consent to sex but marriageable age is set at 18 – that is a contradiction. No child should be allowed to consent to sex at 16 because you cannot say that at 16 you can consent to sex and at 18, it is the only age you can get married. That is a gross contradiction. It should start at 18 when a child is marriageable. It protects the child. You do not want a child to get married at 18 after being abused. Our culture needs to come in and educate the girls to keep our morals so that by the time they get married they are still marriageable.
The other issue I want to talk about is that if you are a parent and you marry your child before 18 years, we do not want to hide our heads in the sand because the apostolic sect is guilty of this. They should stop this business of marrying children. After that they do not even want to seek medical attention. We cannot allow that – legislation should be taken to apostolic sects and educate them that they cannot marry a child who is below 18. Educate them that if a child is below 18 years they cannot look after their families.
Men normally have a host of other women. With the young children they are still young because the man cannot satisfy all women in the marriage. The children end up engaging with other multiple partners. So they should be arrested. As Parliament, we do not want to be found violating the rights of the children or people. There is also freedom of association – we should not put legislation that contradicts another legislation. The legislation on freedom of association should be enjoyed by everyone.
On the issue of early child marriages, I want to appreciate this because the marriageable age is 18 years and the age of consent to marriage should also be aligned to the marriageable age. The other issue that I wanted to talk about, in conclusion, is that this legislation if it comes into place, for women who are in polygamous marriages, they should be protected and this Bill actually protects them.
I want to thank the Minister for this Bill because it shows that we are now representing everyone. As Parliament, we have done well in coming up with this legislation but what was a bone of contention was Section 40 (5) which said anyone can engage in civil partnerships. For those who want to do so, they can go to subsection (2) which allows polygamous relationships.
I want to thank you Mr Speaker for according me this opportunity and as Parliament, we should not just talk about HIV without having sought latest developments in HIV/AIDS. As we speak, we should know that some of us here are sick and have HIV. Some of us have it and when testing is done, no one will go. Please do not stigmatise against us. Even those who are HIV positive also enjoy intimacy just like you do. I thank you.
*HON. B. DUBE: Thank you Mr Speaker for giving me this opportunity. Hon Nduna spoke in English so I want to speak in vernacular that marriage was instituted by God and for that reason, Parliament and everyone is expected to respect the institution of marriage. On the Marriages Bill, I will quickly give a run down on issues that I think need to be addressed.
The first issue pertains to the fact that a person can get married at what age. During public hearings, the people of Zimbabwe were clear that a person who should get married should be of marriageable age and it should be aligned with the Legal Age of Majority Act which is 18. The marriageable age is 18 and above. This assists us in addressing the issue of violence and oppression of children married below age because in marriage, there are a lot of challenges that are faced. That is why we have said you need people who are 18.
Under customary marriage that is reconciling both ages, there was no age limit. The law prohibits marriage when a child is below 18. If a child is below 18, the question that was asked was if a child is below 16 years before one is of marriageable, why then is it that a person who is 16 can consent to sex and yet they are not of marriageable age? There are so many challenges that can be brought about by this scenario because from 16 years, a child can suffer from STI. When a child becomes pregnant at 16, the other question was who is going to be responsible? There should be alignment between the marriageable age and age of consent.
Biologically, when a child is around 8 years, people say that a child is already sexually active, but as we went on public hearings, people said that was not important because if a child cannot stand for himself or herself in some other circumstances, it is then difficult to allow the child to consent to sex. There should be alignment between the marriageable age and the age of consent in order to protect the child and avoid risk that we are talking about.
From there, I want to thank the fact that maybe Government realised that some of the things that we can talk about are not in tandem with how we live; such as a person can decide to be in a civil partnership. The issue at hand is that they realised that we cannot have people in marriage having civil partners and it is not acceptable because it distorts – like what I explained what marriage stands for. The Minister did well by saying this is not possible. I think we should also consider the fact that people can be promiscuous and whatever they do out there and should not infringe in the marriage.
There are people who are controversial here and they say why engage in promiscuity in the first place. If people decide to be promiscuous out there, it should not be realised as marriage because marriage is not a game. So, it was clarified in the Bill. I also want to thank the people of Zimbabwe concerning a person who marries a child who is below 18. This issue was clarified in areas where I travelled to. In Masvingo and Midlands, it was clear that people said that they do not want it to be a criminal offence for a person to be arrested for marrying under the age of 18 but they proposed mandatory sentencing and no one gave less than 5 years in the areas that I went on public hearings. People are saying that those people who marry children below the age of 18 should not be found in our nation. They should be behind bars for more than five years. They think that five years is more than enough time for rehabilitation, so they are saying that person should be taken away from the society and rehabilitated. As we look at our Bill, the sentence that should be given to those people who marry children below 18, the mandatory sentence should be between five and twenty years.
Lastly, on the issue of marriage officers, their increase was an issue that was widely accepted by people because in the areas where our people reside in, a lot of people would travel to the urban centres in order to get married. Taking this rainy season for example, it is difficult for people to travel because transport is a challenge as bridges will have been washed away. Now with the proposal to increase marriage officers, which takes into account all religions was a welcome development. The Bill has now taken a turn in recognising customary marriages and it has been reflected through the Bill that these marriages are the same as they hold the same value.
Section 40 has a clause that proposes how people can share their property in the event of a civil partnership. In the event that one dies, there is a challenge but with a certificate, it is easier to address the issues. In our African culture, we used to forget about the widow. It protects the widow who is in a customary marriage because if anyone can go and register his marriage even with the chiefs, you do not need extended family to be witnesses as to whether you were married to the late or not. So, that actually protects those in customary marriages. I want to thank you for giving me this opportunity to debate the Marriages
Bill.
*HON. KWARAMBA: Thank you Mr. Speaker. I also want to add my voice to the Marriages Bill. We heard that the Marriages Act was put in 1964 and 1971. It was a long time ago, during the colonial era. So I want to thank the Minister that he considered harmonisation of these marriages. I would want to talk about the child marriages. I am happy that we are all against child marriages. Together with the SADC Model Law, they assist in protecting those already in marriages. The harmonisation of these laws is good, especially when looking at the issue of the age of consent. Children were married off at 16 years and the Bill is proposing that the marriageable age be set at 18 in line with the Constitution. At 16 years, the child is allowed to consent to sex.
When that child is allowed to consent to sex and gets pregnant, who is going to look after the child? The parents are burdened to look after the child and the grandchild until their daughter attains 18. We should align the age of consent to 18 years.
We also want birth certificates. A child can give false information pertaining to their age and when these issues go to court, you realise that the child does not even have a birth certificate. We want all children to have birth certificates so that it will protect them as their ages will be known.
Mr. Speaker Sir, under marriages, there is a bride price. It is good but the challenge is that some marriages are not registered because all the parents want are material things. They expect the son- in- law to pay the full bride prize before the wedding and they end up staying together without a marriage. We need to encourage our parents that when they marry off their daughters, they should not charge exorbitant bride prizes. What is important is the love between the two. A person is never married in one day. The son- in- law will pay off the bride prize.
We also heard that traditional leaders will also become marriage officers. We are saying that it is a good proposal because it reduces the distance and the cost of travelling to urban areas where people used to go and get married. If the chief is in the area, he can conduct the marriage ceremony. He will have a register and he can forward the registers to the Registrar of Marriages. We also heard that those who are outside the country, the Ambassadors, will also be given licence to be marriage officers. We have others who are in the diaspora and would want to get married. We really applaud the Minister for this.
In conclusion, I want to talk about willful transmission of HIV and AIDS. I heard my predecessors saying that we have cancer which is more deadly, diabetes and hypertension. AIDS is no longer a killer. If one is taking their medication as instructed, they live longer. What I am encouraging is that when people get married, we should go for testing before we even engage in sexual activities. It is important that both of us know our HIV status and reach an agreement as to whether we are going to use protection or not. I want to thank the Minister for the Marriages Bill and I hope that it will help us as Zimbabweant to respect the sanctity of marriage. I thank you.
+HON. MATHE: Thank you Mr. Speaker for affording me this opportunity. This is my first speech in 2020 and I would want to congratulate you and wish you a happy new year. Mr. Speaker, a lot has been already said by the previous speakers. I would just touch on a few details that they did not touch on. On the issue of who has infected the other with the virus, I think that should be scrapped off our laws here in Zimbabwe. I approached elderly people when we went around during the public hearings. All the people were saying no one should be arrested for that because we have realised that men in Zimbabwe do not go for testing. Most of them do not know their status.
Even women, there are those who have never gone for HIV testing but when they go to the hospital for delivery, they are tested. Most of the time, the pregnant woman is the one who is found to be positive but the man will be found negative. That has caused a lot of problems because the man would say, he is not positive so the woman is the one who is positive. The issue of lobola is important here in Zimbabwe and it has always been important. We still want that custom to continue but that should not hinder any marriages. People can go and pay lobola at whatever stage. If a person marries your daughter and you feel that he has delayed in bringing the lobola to you, you have the right to send a go between to go and remind him of the lobola but that should not stop them from getting married.
The Bill also talks about people who have cohabited for sometime or those who have cohabited for two or three days – [HON. MEMBERS:
Inaudible interjections.] – There are people who are disturbing us here.
THE TEMPORARY SPEAKER: Order Hon. Members.
+HON. MATHE: If people meet in the streets and agree to go and spend some time together, it is by consent but if you say that if one of them dies, the remaining partner then says the stove belongs to me because we bought it together, I do not think that is proper Mr. Speaker. There is a place where we went to in Matabeleland South, we were nearly beaten up by the elderly people. They threatened us and said it is just that we respect Parliament, what is it that you want to teach the people by saying such things. The language that they were using is the language that I cannot use in this House.
A section of Zimbabweans have said that should be scraped off from the laws of Zimbabwe. It was important that we go and hear the peoples’ views on that. Everywhere we went people were saying that if people cohabit for two or three years they should not be allowed to get a share of the property, but some women’s organisations were supporting that. I will give an example of Nduna, if a woman lives with Nduna for two or three days, that woman cannot inherit Nduna’s car or property. Here we are not talking about women who are just inheriting other people’s property but we are talking about women of nowadays, like women who are here in Parliament now. They have their own resources and they are leading better lives than most men out there.
At times when a woman’s husband passes away, she can have an affair or a man friend who can assist her with this and that or even changing a tyre of a vehicle or just chatting with her to relieve her of stress. If we allow that law Mr. Speaker, it means that if you die, suppose your friend had a family elsewhere, it does not mean he is going to come and inherit what you left. At times when we look at the ration, there are more single women than men because men cannot live on their own.
If we allow that law to pass, it means a lot of women are going to lose their homes. If we allow these young boys whom we call Ben10s it means they are after gaining something from the women. If we allow that law to pass, it means these young boys are going to benefit from what these women have worked for. If we allow such a thing to happen, it means these young boys will accumulate a lot of property that they would be inheriting from these women. So we must remove that section. The people out there said they do not want to hear of that section. I thank you Mr. Speaker. I know other Members still want to debate on this.
HON. MUSHORIWA: Thank you Mr. Speaker. I rise to add my
voice to the debate. I want to start with the abolition of child marriages which I believe is a commendable thing to do. What I seek Mr. Speaker is for the Minister of Justice to then help us in terms of the issue that has been raised by other Hon. Members in respect to consent to sex – the 16 years. The challenge that we have been told within our constituencies is that if you leave the age of consent at 16, it gives room to older men to possibly abuse those 16 year olds knowing well that the law does not oblige them to marry them because remember, they are supposed to be married after the age of 18. What then happens is that the old men will marry 16 year old girls and abuse them knowing fully well that if they get pregnant, they will not marry them because it is against the law. The question that is there Hon. Minister is, would we be in a position to raise the age from 16 to 18 so that whoever impregnates anybody who is less than 18 will be subjected to a charge of statutory rape?
Then the other issue which I also believe is crucial in my view is the question of the equality of marriages. I want to argue that, this Bill does not in any way put these two marriages at the same level. As long as we have a situation where one can actually change a marriage from customary to civil marriage but you cannot do it vice versa, it then tells you that the two marriages are not equal. It does not matter what other sections of this Bill are saying, in reality, everybody will tend to believe that, those who are in civil marriages are better off than those who are in customary marriages.
The other issue is to do with the designation of chiefs as marriage officers. Mr. Speaker Sir, I understand the reasoning behind the question of having chiefs as marriage officers. However, we have other chiefs with big territories and we want to have a situation where this should be castigated downwards to the level that headmen can possibly be made marriage officer because geographically, in certain areas it is difficult for a chief to oversee and be a marriage officer in a big and wide area. In other areas it may be easy for a chief who have a small geographical area under his or her jurisdiction. However, I think the spirit behind the Marriage Bill is to make it easier for people to get married and get the certificate to legalise their marriage.
Mr. Speaker Sir, the other issue has to do with the question of lobola. I understand from the Bill that it is no longer a prerequisite. Lobola is not being abolished, but it is not a prerequisite. However, the challenge is; if we are going to have our chiefs who are supposed to be the custodians of the values of our society and you want our traditional leaders to violate some of the things that our tradition hold to be important. Whenever a marriage is done from a traditional perspective, lobola is a key ingredient of a marriage. I do not understand and I do not know whether it will be prudent and possible for our traditional leaders like chiefs to be asked to simply allow Peter and Marry who want to get married to get married whilst turning a blind eye to the question of whether or not the man would have paid lobola or not. I think we need to have a balance and make sure that whatever we do, we take everybody on board. Those who do not want to have the issue of lobola being tabled should go to those marriage officers who can turn a blind eye to the issue of lobola. As we know it happens in our courts and other areas, but we want a situation where chiefs should actually be the last pillar or defense in terms of our traditional values.
Lastly Mr. Speaker Sir, is the question on – I actually want to believe that we need to try as much as possible to have as many people as possible to be marriage officers. There is a Section within the Bill which the Minister – unfortunately, I do not have a copy with me here; but there is a clause that says, people are being given a time frame to have their marriages solemnised. I think that the period that is being provided within the Bill, in my opinion is too short, you would want the period to be long. Apparently, you also need to make sure that those people who are going to be marriage officers are also trained. This is the other aspect that I have forgotten to simply say; at the moment, for a pastor or religious leader to become a marriage officer, one has to go through certain training under his ministry and they are told what to do.
We want to understand from this Bill Hon. Minister, what type of training is going to be given to the chiefs and other people who are going to be marriage officers knowing fully that certain positions in society like chiefs are not necessarily based on one’s qualifications but on the various laws of inheritance. I will be happy to hear what the Hon.
Minister will say pertaining to how that issue will be addressed. I thank you Mr. Speaker Sir.
*HON. KARENYI: Thank you Mr. Speaker Sir. Let me add my voice to the Marriage Bill before us. I am one of those who attended the public hearings to gather public opinion on the Marriage Bill. Firstly
Mr. Speaker, women’s concerns were mostly on women in marriage on the issue of sharing property in the event of a divorce is often problematic on equal sharing of properties which they would have worked together to acquire.
If we visit our courts of law currently, we have an issue which involves Mary Chiwenga, the wife of the Vice President. If you analyse it, it shows that our law in Zimbabwe Mr. Speaker – [HON.
MEMBERS: Inaudible interjections.] – our law Mr. Speaker – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order in the House Hon.
Members. Hon. Karenyi, that case is before the court of law.
*HON. KARENYI: Alright, it is before the court of law. Alright, I thank you Hon. Speaker – [HON. MEMBERS: Inaudible interjections.] – Thank you Mr. Speaker Sir. Let me reiterate that, the problem is; we have many cases which are before the courts where if a husband and wife divorces, they are unable to – [HON. MEMBERS:
Inaudible interjections.] – Mr. Speaker, currently, the law provides that if Hon. Makonya dissolves her marriage with Mr. Makonya, the problem which arises is that of sharing the assets which they would have acquired together. Therefore, we as women, on behalf of women, I am saying in our Bill, there should be a law which provides that if we worked for assets together, we should share them equally – [HON. MEMBERS:
Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members. May
you sit down Hon. Member. I have already overruled the Hon. Member who was debating. So, there is no need for you to continue heckling her because I have actually told her to stop talking about the cases that are before the courts.
*HON. KARENYI: Thank you Mr. Speaker Sir. When we travelled around the country, it was revealed that most women are working for their families but when they face conflicts – or when men work for their families when they face divorce cases, they fail to get a fair share of what they would have worked for in that marriage. It is therefore my desire Mr. Speaker Sir that there be a provision in the Marriage Bill on an equal sharing of assets in terms of the work both husband and wife would have done during their marriage. If these issues are not addressed in our laws, it would mean that, between a husband and a wife, there will always be one party whose rights will be infringed.
Furthermore, the other issue is that the Marriage Bill should have a provision which is helpful to most women. Most Members are referring to the issue of HIV/AIDS transmission; it was gathered that there are others whose rights are infringed. However, in my opinion, there are some who take advantage of the law. There should be a clause which address the issue of unscrupulous men who will be well aware that they are HIV/AIDS positive and they go on to marry an innocent 18-year old girl whom they know to be unblemished and infect her with the virus. It is my desire that there should be a provision to help deal with this type of problem because if left unaddressed, many people will be infected by people who will be aware of their HIV/AIDS status. It should also address those who will go falsely accuse their wives that they would have infected them with the HIV/AIDS virus.
Mr. Speaker Sir, I also want to speak of children from the Apostolic faith religion who are exposed to child marriages. We also have some in this House Mr. Speaker where some marry young girls. The law does not explicitly address the issue of how many years should be subjected to those who engage in child marriages and the men involved takes advantage. So I suggest that those who marry young girls should be imprisoned for five to ten years and that might restrict many men from marrying young girls who will be below the age of 18. It is therefore my desire that this provision be made. This is good because even if the parent helps to have a young girl get into such a marriage, that parent should also be imprisoned.
The other issue is that of our mothers who were married for so many years and those marriages are not registered. Mrs. Karenyi is there at Hot Springs and then Mr. Karenyi goes on to marry a younger wife in Harare and that second marriage is solemnised under the civil marriage and at law, that is the recognised marriage. It is therefore my desire that such marriages be registered so that it is recognised at law that even if their marriage was not solemnised at law, the wife is the sole recognised one.
Clause 5 would have disadvantaged many people where, Georgina gets married from one man to another willy-nilly. Most people were not happy about such an arrangement where one woman continues to have as many men as she can and then claim properties and many women were not happy about it. On all men who marry and remarry, the law disadvantages the women because those men should be restricted at law so that if they move from one woman to another, they should have punitive restrictions at law. This is so because every woman this man would have lived with views that union as a marriage as they will be living together and living as husband and wife. When that man dies, the woman grieves over her husband.
In Norton, one woman said; “on civil partnerships, I am bitter because I have my daughter who is a cross border trader and works for her family but her husband does not want to solemnise their marriage. When my daughter passes on, it would appear as if she was in a civil partnership.” Therefore, Hon. Minister, try to help such women in such marriages.
In Mbizo, a certain woman said, “I was married in a certain year and my husband married another woman and they have solemnised their marriage already and I do not have a marriage certificate. I am at a disadvantage because of that arrangement.” Therefore, Hon. Minister, I am appealing to you that this Bill protects those women who are not married at law but they have been married longer than the woman who might have a marriage certificate. We appeal to you Hon. Minister that these women be protected by the law. Let me thank you for the time you have given me Mr. Speaker.
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, 12th February, 2020.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, (HON. ZIYAMBI), the House adjourned at Twenty Six minutes to Six o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 29th January, 2019
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY SPEAKER
INVITATION TO A CONSTITUENCY DEVELOPMENT FUND
WORKSHOP
THE HON. DEPUTY SPEAKER: I wish to advise the House
that all Hon. Members are invited to a Workshop on Constituency Development Fund (CDF) to be held at the Harare International Conference Center (HICC) on Thursday, 31st January, 2019 from 0830 hours to 1000 hours. The bus will leave Parliament Building at 0800 hours.
INVITATION TO A NATIONAL CLEAN-UP CAMPAIGN
THE HON. DEPUTY SPEAKER: I also wish to inform the
House that all Hon. Members are invited to participate in the National
Clean-up Campaign on Friday, 1st February, 2019 from 0900 hours to 1000 hours. Parliament is expected to clean the streets adjacent to its building, namely; Nelson Mandela Avenue and Kwame Nkrumah Avenue, between 2nd and 3rd Streets. Members interested in participating are requested to meet in the Parliament Car Park on Friday, 1st February, at 0800 hours.
HON. GONESE: Thank you Madam Speaker. I rise on a point of privilege in terms of Standing Order No. 68 (d) as read with Standing Order No. 69.
THE HON. DEPUTY SPEAKER: Yes, you can go ahead.
HON. GONESE: Thank you Madam Speaker for giving me this
opportunity to raise this very critical matter of privilege which is of very serious concern to the people of Zimbabwe. Firstly, I raise this matter of privilege in terms of the Standing Orders and as read with the Provisions of Section 119 of our Constitution. In terms of Section 119, it is very clear that this august institution is given the responsibility to ensure that the provisions of our Constitution are upheld. It is also incumbent upon us as the duly elected representatives, the voice of the voiceless, to ensure that all agencies and all institutions of Government abide by the provisions of the Constitution and for reasons which I am going to adumbrate, it is very clear that there have been some very gravy violations of the provisions of our Constitution and in this regard
Madam Speaker, I also want to make reference to the provisions of
Section 213 and 214 of our Constitution. Madam Speaker Ma’am, the events of the past two weeks are well known to all Zimbabweans including all Hon. Members of Parliament –[HON. MEMBERS: Hear, hear.] - In terms of Section 213, there is a provision - [AN HON. MEMBER: Inaudible interjection.] - It is a matter of privilege. It is very important for all Members to pay attention. It is important for us to ventilate these issues Madam Speaker. Zimbabwe is under the spotlight and I am talking about violations of the Constitution.
The Leader of the House is very aware and cognisant of the issues that I am going to mention. In terms of Section 213 on deployment of Defence Forces, yes there is a provision which allows for that deployment but there is the political accountability which is clearly set out in terms of our Constitution. In terms of that political accountability, it was incumbent upon the Head of State to cause Parliament to be informed promptly. The deployment of Defence Forces, if it happened on the instructions of the Head of State; it took place on the 14th of
January 2019 and the Head of State is enjoined by the provisions of Section 214 to promptly inform Parliament. Parliament should have been called for the Head of State to give us appropriate details of the reasons for the deployment of the armed forces. It is very important Madam Speaker.
I have already said Zimbabwe is getting negative publicity.
Zimbabwe is on the spotlight because of the activities of members of the Defence Forces who do not have any responsibility to carry out policing duties. As a result it was critical for us as representatives of the people to be informed and an appropriate detail of why the Defence Forces had to be deployed. That has not happened. As an institution, we must act collectively.
THE HON DEPUTY SPEAKER: Hon. Member go straight to
your point. I think you are now debating.
HON. GONESE: It is part of my point – [HON MEMBERS:
Inaudible interjections.] - That is my point. I am already making a point. We were not informed by the Head of State why the Defence Forces had been deployed. That is the first point Madam Speaker. Were we informed – that is the question? That is a prima facie and a violation of the Constitution. This is what we are putting across to you that this
Constitution had been violated. We were not informed in detail why the Defence Forces were deployed. The Head of State could have informed the head of this institution and advise that there was an urgent matter on which the Parliament should be informed – [HON. CHINOTIMBA: On a point of order.] - You cannot raise a point of order on a matter of privilege – [HON. MEMBERS: Inaudible interjections.] -
HON. CHINOTIMBA: Ngayiite motion. You want to continue talking nonsense.
HON. GONESE: You are not understanding. It is a matter of privilege. It is a violation of the Constitution
THE HON. DEPUTY SPEAKER: Hon. Chinotimba, may you
please take your seat.
HON. GONESE: We are talking of the Constitution Madam
Speaker Ma’am. I am just winding up on Section 213 and 214. I am going to Section 50 which is under the provisions relating to the upholding of human rights. Section 50 is very critical. It talks of the rights of arrested and detained persons. Our Constitution is our Bible. A lot of us particularly on this side of the House, we go to church. We believe in God and our Bible is our guiding principle. As Members of Parliament, our Bible is the Standing Orders and our Constitution. In terms of Section 50, arrested persons have got rights which have got to be upheld. They must be given access to their legal practitioners.
For those who have been following events in this country, the lawyers in this country in their gowns and jabongs are very concerned about the failure to uphold the Constitution. There is no political persuasion. These are the lawyers under the auspices of the Law Society of Zimbabwe who have been appalled by the gross abuse of the rights of accused persons.
THE HON. DEPUTY SPEAKER: Hon Member, please may you
go straight to your point – [HON. MEMBERS: Inaudible interjections.]
-
HON. GONESE: My point is that our Constitution is not being observed and our lawyers today who have been appalled have actually marched from the Law Society House to the Constitutional Court to express their displeasure because they are the ones who represent accused persons. That is a matter of concern Madam Speaker that the rights of accused persons are not being upheld. Accused persons are not being given a right to stand trial.
THE HON. DEPUTY SPEAKER: Hon. Gonese, please go
straight to your point.
HON. GONESE: That is the point. You are not getting the point. If you pay attention, that is precisely my point that the rights of accused persons are being violated. That is the point Madam Speaker. Accused persons in this country have got their rights which are enshrined in the Constitution and that is being violated. It is not just about Members of Parliament only, but the lawyers in this country have seen it fit to march in their court regalia to express the very point which I am making in this august House. Members of the public are equally concerned and it will be amiss for us as a public institution not to acknowledge the serious problem which we are facing as a country.
We are having a situation Madam Speaker, where mass trials are being ordered, where juveniles are being tried in violation of their rights. We are having women who are being raped. We are having women who are being abused and that is a shameful thing Madam Speaker. These are the issues which you as the head of our institution must take note of those gross violations.
THE HON. DEPUTY SPEAKER: Hon Gonese, may you please
approach the Chair?
The Hon. Member approached the Chair.
HON. GONESE: Madam Speaker, that was a preamble to what
has been happening. This also affects Members of Parliament, in particular Members of Parliament who are supposed to be seated on your left, some of whom are not in Parliament today.
That preamble was necessary to give you a background as to the violation of the rights of accused persons. We are talking of situations where people are being arrested at their homes, people who have been arrested without any evidence. This is applicable to those Hon. Members, some of you have already been incarcerated and some are being hunted when they have not committed any crime.
That is the point that there is violation of the rule of law, the rule of law is being trampled upon. I am not talking about the merits of the cases against them but we have got Hon. Amos Chibaya, Hon. Livingston Chimina, Hon. Settlement Chikwinya, Hon. Lloyd Mukapiko and Hon. Rosemary Nyathi who were placed under arrest in exactly the circumstances where the rule of law is not being observed. I am talking of the violation of the rights of accused persons, Hon. Members included
– this is where the problem lies.
I am very alive Madam Speaker – [HON. MEMBERS: Inaudible
interjections.] - Madam Speaker, even though we are not a signatory to the wrong statutes, we are talking of gross violations. As you know the International Criminal Courts those with issues of crimes against humanity – genocide and gross violations of the rights of the individual – [HON. MEMBERS: Inaudible interjections.] - What I am talking about is a scenario, for a example a political party in South Africa has already mentioned that Zimbabwe must be taken to the ICC for these gross violations. Our concern is the violation of human rights – [HON.
MEMBERS: Inaudible interjections.] -
THE HON. DEPUTY SPEAKER: Order, order Hon. Gonese,
approach the Chair.
The Hon. Member approached the Chair.
HON. GONESE: Madam Speaker, in conclusion, we have got in our Constitution – [HON. MEMBERS: Inaudible interjections.] -
THE HON. DEPUTY SPEAKER: Hon. Gonese, I heard your
point of privilege. The Chair will study the matter during the course of the week and make a ruling. Please, may you take your seat – [HON. MEMBERS: Inaudible interjections.] – I have heard you. Please may you take your seat. I heard your point of privilege Hon. Member, you may take your seat!
HON. GONESE: Madam Speaker, there was a violation of the rights enshrined in Sections 61 and 62 of the Constitution when there was a shutdown of the internet. Our Hon. Minister said no, it is because of congestion, only to be contradicted later that it was deliberate. My point is that Madam Speaker, we were upholding the provisions of the Constitution and the court made a ruling.
THE HON. DEPUTY SPEAKER: I heard your point of
privilege Hon. Gonese. The Chair is going to study the matter during the course of the week and make a ruling.
*HON. CHINOTIMBA: On a point of privilege Madam
Speaker. Firstly, I want to congratulate all the Hon. MPs for getting into
2019, including you Madam Speaker. There are many who died.
Secondly, I have stood up to pass my condolences to the Mtukudzi family. We were united; I saw a lot of MPs from ZANU PF and MDC.
Thirdly Madam Speaker, it pains us as MPs to see that our MPs like
Hon. Gift Banda is a match fixture – [Laughter.] -
*THE HON. DEPUTY SPEAKER: There is no point of order or
point of privilege there. Sit down and we start business.
*HON. CHINOTIMBA: We also understand that amongst us, we
have councillors who corruptly acquired $60 million worth of residential stands. I think when we have had a Member of Parliament who is responsible of burning down properties and involved in arson, that Member of Parliament should be incarcerated and sentenced to life in prison. They should not come to this august House and talk about releasing these people to freedom. Thank you Madam Speaker, I am going to put this issue in the Order Paper so that it is going to be debated in this House. We have a match fixer by the name of Gift Banda and he has run away from this august House.
HON. GONESE: On a point of order Madam Speaker. The Hon.
Member has referred to Hon. Banda as a thief. He referred to him in Shona saying imbavha. That is unparliamentary – [HON. MEMBERS:
Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order, order Hon. Members.
Hon. Chinotimba, may you please come and withdraw the statement you made regarding Hon. Gift Banda.
*HON. CHINOTIMBA: Are you saying I should withdraw the statement that the Hon. Gift Banda was expelled from ZIFA? I withdraw that he was suspended because he is a thief and I am withdrawing that statement. Hon. Banda, I withdraw the statement that I said Banda was expelled from ZIFA because he is a thief.
*THE HON. DEPUTY SPEAKER: Hon. Chinotimba, withdraw
your words.
* HON. CHINOTIMBA: Madam Speaker, I said I apologise and withdraw my statement because I had said Hon. Banda has been fired from ZIFA because he had misappropriated funds at ZIFA – [Laughter.]
–
SECOND READING
COMPANIES AND OTHER ENTITIES BILL [H. B. 8, 2018]
Second Order read: Second Reading: Companies and Other
Entities Bill [H. B. 8, 2018].
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you
Madam Speaker. I rise to present the Companies and Other Business Entities Bill, Second Reading speech. Madam Speaker, I am honoured to present to you the Companies and Other Business Entities Bill (H. B. 8, 2018). The Bill principally seeks to replace and update the law relating to the companies and private business private corporations.
The present Companies Act was passed in 1951 and needs updating. Amongst the most outstanding new features that will be introduced by this Bill are the following:
- 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;
- the introduction of an electronic registry for the incorporation and registration of domestic and foreign companies and private business corporations;
- the substitution of criminal penalties by civil penalties wherever possible;
- to establish an inspectorate to better enforce the provisions of this Bill; to make new provisions for the major and takeover of companies and other business entities;
-the licencing of business entity incorporation agents and business entity service providers;
- to clarify and improve the common law principle of bonavacantia, that is vesting in the State of uncleaned properties of defunct companies and private business corporations by instituting a fair and transparent method of declaring such properties to be bonavacantia; to make the beneficial ownership of companies more transparent.
- the introduction of a continuous system of updating the registry and further provision to combat the use of the company from form for criminal purposes.
- to define in greater detail the cooperate responsibilities of directors and board of companies and to encourage good corporate governance. Additional measures to protect shareholders and investors and in particular minority shareholders and investors. Allow me to discuss the individual clauses of the Bill.
Hon. Nduna having gone to chat with Hon. Members on the opposite side, thereby making noise.
THE HON. DEPUTY SPEAKER: Order, order Hon. Members.
May the Minister be heard in silence?
HON. ZIYAMBI: Madam Speaker, Clause 1 to 3 are just standard
clauses. Clause 1 is the title of the Bill, Clause 2 contains the definitions and Clause 3 gives detailed guidance on who or what is an associate for the purposes of this Bill. Clause 4 states that this Bill will not apply to banks, building societies, cooperative societies, insurances and other entities whose formation is subject to other laws. Also it does not apply to trade unions and employers’ 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 entities such as partnership, syndicates and joint ventures.
Part 2 of Chapter 1 contains administrative provisions. Clause 6 provides for the establishment of the office for the registration of companies and other business entities as a corporate entity headed by the Chief Registrar of Companies and Other Business Entities, who will be assisted by other registrars and members of staff. Consistently with the
Constitution’s encouragement of the decentralisation of Government services, provisions made to establish registries in other centres of
Zimbabwe other than just Harare and Bulawayo.
Clause 7 contemplates that the company’s office will be become an accounting entity for the purposes of the Public Finance Management Act, responsible for collecting, receiving and accounting for its own funds. The sources of such funds are specified in this Clause. Clause 8 provides for the annual reporting of the company’s 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 companies and the manner in which they are to be kept by companies and other entities. 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 language document must be authenticated, must have an authenticated translation from the company concerned rendered by a person competent to do so in the opinion of the Registrar.
Madam Speaker, Clause 10 concerns standard forms and tables used for the purposes of this Bill and the fees for services provided by the Companies office which are set forth in the First, Second, Third, Fourth and Fifth Schedules. Clause 11 gives the general power to the Registrar to refuse registration of any record that is legally or contextually defective in any way and to allow the person responsible for the defect to correct it. Clause 12 provides for condonation for the late filing of documents or delivery by a user of the registry by the Registrar. Madam Speaker, under Clause 13, an affidavit by the Registrar or any of the persons employed in the Companies office as to whether or not a document has been filed with or delivered to the Registrar shall be presumptive proof stated therein for the purposes of civil and criminal proceedings. Clause 14 permits the inspection, copying, extraction of the whole or any part of any document kept by the Companies office by the public under the prescribed conditions.
Madam Speaker, Clause 15 contemplates situations where there is strummed demand for additional documents to those otherwise required by this Bill. 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 office employees in relation to any potential legal liability arising out of facts or omissions by those persons done in good faith.
I now turn to Chapter II Madam Speaker. Chapter II gathers together all the provisions of the Bill that are applied in common to companies and private business corporations. Clause 18 provides for the first step in the incorporation of companies and private business corporations namely the logging with the Registrar, the Memorandum of Association of a company or incorporation 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 constitutive documents of a company or PBC shall when registered, bind the company or PBC and the members thereof to the same extent as if they respectively had been signed by each member.
In the case of a company, the subscribers of a Memorandum of Association and entered into the register of the company shall be members of that company. In the case of PBC a person will not become a member until the fact of his or her membership has been recorded in a registered incorporation 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 the debts and obligations of company or PBC.
Madam Speaker, clause 21 requires every company and PBC to send to every member at his or her request a copy of the Memorandum or Articles of Association or Incorporation statement as the case may be. It also requires companies and PBCs to keep their constitutive documents at their registered office or the physical address of the accounting officer respectively. Clause 22 says that no notice shall be presumed to be given to third parties of the contents of the constitutive documents of a company or PBC just because those documents are registered in the Registry. 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 documents.
Madam Speaker, 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 allege otherwise.
Madam Speaker, I turn to Clauses 25, 26, 28 and 29. These clauses revolve around the choice, use and abuse of names of companies and PBCs. The prohibition of undesirable names, changes of name and the consequences of name changes and the lawful use of assumed names by companies and PBC. Madam Speaker, Clause 27 confirms the abolition of what we call the ultra vires rule of the common law concerning companies which was first abolished in 1993, 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 part to resile or repudiate or not honour its obligations. Clause 30 requires every company and PBC to incorporate in their business letters in legible characters, the name of every director or member of a PBC.
Madam Speaker, 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 civil liability or civil penalty. Madam Speaker, Clause 32 provides for ratification of incorporation contracts by putative companies or PBCs. Clause 33 applies to juristic persons 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 and 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 and Clause 36 provides accordingly.
Madam Speaker, Clause 37 empowers the director, secretary or authorised member of a private business corporation to authenticate documents on behalf of the company or PBC.
I now turn to Part II of Chapter 1 which concerns powers of inspections and investigations by the Registrar. Clause 38 sets out the purposes of the investigation and inspection of companies and other business entities, 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 with some exceptions under the powers of the Commissioner of Enquiries Act.
Madam Speaker, under Clause 39, the Registrar may initiate an investigation of a company, a PBC if he or she has reasonable cause to believe that this Bill is not being complied with respect to document required to be submitted to him/her by the company or PBC. Clause 40 enables minority shareholders of companies and minority members of
PBC to request the Registrar to initiate investigation of the company or PBC and this is the minority shareholders with shares of less than 5% or
less.
Clause 41, the Registrar may institute an inquiry through one or more inspectors as to the ownership or control of any company of PBC. If any members request such an investigation, that member will bear such costs. 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 agencies of companies and PBCs to assist the inspector’s 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 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 a company, the Registrar may under Clause 48 require information to be furnished to him/her for any person he reasonably believes to be interested in shares or debentures in that company.
Madam Speaker, under Clause 49, the Registrar may impose
restrictions on transactions involving shares that are the subject that belong to any company or PBC subject to an investigation under this sub-part. Clause 50 sets atomic land privilege and the 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 3 of Chapter 1 concerns defunct companies and PBCs. Clause 52 empowers the Registrar to strike off from the register defunct companies or PBCs where it is apparent that they have ceased to operate by reason of not rendering returns. However, any member of the company or PBC that has been struck off can apply to the Magistrates 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.
Madam Speaker, Clause 53 embodies and improves the application of the long standing common law principle of bona vacantia where the property of defunct companies that is not distributed vests in the State. The clause provides for the vesting in the State of any property of a defunct 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. Part 4 of Chapter 2 concerns 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 companies or PBC. It also incorporated the business judgement rule, that is to say the rule laid by managers, directors and other officers are required to discharge their duty of care in a manner that is demonstratable in good faith.
Clause 55 provides the duty of loyalty on the part of every manager or controlling member of a private business corporation 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 officer’s own benefit not to disclose confidential information of the entity among other issues.
Clause 56 sets out rules for insulating the personal interest of a director from the interest of the company from which he/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/she is financially interested or make any decision in which he/she or any associate is personally interested except with the approval of the shareholders by ordinary resolution passed by them with full knowledge and the nature and extent of the directors or associate’s interest.
Madam Speaker, 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 business corporation or company. If the person is not a sole director and does not hold all the beneficial interest of all the shares of the company, then he/she is personally interested in a matter or be considered by the board or meeting or knows that an associate has a personal interest in the matter, the person must make full disclosure of that interest in accordance with sub-clause 1 and must absent himself/herself from the meeting at which the matter is to be determined by the board or the members.
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 thereafter.
Under subclause 2, the person found to have had the conflict of interest shall be liable to account for and transfer to the private business corporation or a company, any gain which he or she had made from the act or transaction and to indemnify the company for any loss or damage suffered by it as a result of the transaction or the act.
Clause 59 excuses directors, members, officers and auditors of companies and PBCs from liability for 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 fault liability that the person alleged to be at fault acted in good faith. That is to say honestly and reasonably.
Under certain conditions specified in Clause 60, a member or members acting on their own behalf against any director for breach of good faith or want of care or diligence in that capacity may also at the same time bring action on behalf of the company or PBC. The litigants concerned must apply to the court for leave to bring or continue legal proceedings on behalf of the company where the company has failed to take the necessary steps in terms of a demand served upon it. This is a departure from the common law position which contemplated a wrong being rectified by the majority shareholders. It also departs from the proper plaintiff rule where the company itself institutes legal action when a wrong has been committed against it.
The clause goes further in allowing in exceptional circumstances for an interested person other than a member to apply to court to institute proceedings without demanding action from the company first. Employees too can therefore bring a derivative action against a company. The enhanced derivative action remedy will advance good corporate responsibility and will promote stakeholder activism thereby discouraging malfeasance by directors of a company and providing a remedy through court action or application.
Clause 61 guides a court confronted by a case involving deadlock, fraud and oppression as to the kind of remedies it may apply in such situations.
Clause 62 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.
Clause 63 provides for manual or electronic service of documents in connection with legal proceedings under this Bill.
Clause 64 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.
Madam Speaker, Clause 65 provides for the grounds upon which a person owing duties of care and loyalty towards a registered business entity maybe indemnified by that entity for the expenses of actions brought in connection with the alleged breach of such duties.
I now turn to Part 5 which deals with offences and defaults common to companies and PBC. Clause 66 provides criminal penalties for making false statements by directors and other officers or responsible persons of companies and PBCs.
Under Clause 67, the High Court will have the power to declare a director or a member or a former director or a member of a company or PBC, personally for the company’s or the PBCs debts if he or she was responsible for carrying on its business recklessly, grossly negligently or fraudulently.
Clause 68 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 destruction of documents.
Clause 69 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 70 criminalises unlawful personification of any owner of a share or interest in a company or PBC or the misuse of any share certificate or certificate of interest to misrepresent the nature of one’s stakes in a company or PBC.
Clause 71 prohibits the concealment of the beneficial ownership of shares through the use of nominees except in certain specified circumstances. A beneficial owner is defined in this Bill as a natural person who ultimately controls, owns or benefits from a company or trust and the income it generates. The financial action taskforce has issued a recommendation to address the misuse of companies as vehicles for money laundering and terrorism financing by requiring that states establish the identity of each natural person who exercises control of a company through one or more nominees.
Clause 72 prevents companies or PBCs from realising or indemnifying officers of the company from their statutory duties under this Bill. If the officer concerned is absolved or acquitted in connection with the enforcement of such a statutory duty, the company or PBC may indemnify him or her. Also permissible are indemnities for personal expenses incurred by officers of companies or PBCs in pursuance of the interest of the company or PBC.
Chapter 3 gathers all provisions that are unique to companies. I will go through some of those provisions. Sub Part A of Part 1 of Chapter 3 contains provisions for the incorporation of companies and matters incidental thereto.
Clause 73 prohibits any association for gain of more than 20 persons unless that association is incorporated as a company or PBC.
Clause 74 requires that any person wishing to form a company must subscribe their names to Memorandum of Association.
Under Clause 75, a Memorandum of a Company maybe in English
or any officially recognised language. In the later case, an authenticated translation should be furnished in English to the Registrar.
Madam Speaker, Clause 76, provides for the person who must sign the Memorandum of Association and the other conditions attaching to Memorandum of Association. Clause 77 provides for the alteration of the Memorandum of Association under specified condition. Clause 78, provides that in certain circumstances, the holders of any time or class of shares may be entitled to vote as a group on an amendment to the memorandum of association that is to say a majority of the votes of the group on the question whether to amend the memorandum shall be deemed to be the totality of the votes of the group.
Madam Speaker, Clause 79, provides for the articles of association of a company. That is to say for its constitution and internal regulations. These maybe in English or in any officially recognised language. In the later case, an authenticated translation must be furnished in English. This Clause also provides for alteration of the articles of association of a company.
Madam Speaker, under Clause 80, 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 vehicle for charities and other bodies.
Sub part B of part 1 of Chapter 3, contains provisions for the membership of companies in addition to that founding Clause 20 above. Under Clause 81, 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. Clause 82 forbids a corporate body from being a member of a company which is its holding company except under certain circumstances precisely defined in this Clause.
Madam Speaker, Part C of part 1 of Chapter 3 contains provisions for private companies. Clause 83, defines what a private company is, that is a company that restricts the rights to transfer its shares, limits the number of its members to 50 and prohibits the public subscription of its shares. A PBC is allowed to convert to a private company with the sanction of a court. If a PBC purports to be a private company but for instance exceeds 50 members or invites the public to subscribe to its shares, then such company ceases to enjoy the benefits of a PBC.
Clause 84 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 the formalities attaching to issuing a prospectus.
Madam Speaker, Sub Part D of Part 1 of Chapter 3 contains provisions, Clauses 85 to 92 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. The corporative company permits farmers to associate with limited liability for the purposes of pulling producing and selling it to best advantage without the necessity of raising capital in the same way as companies.
Sub Part A of Part 2 of Chapter 3 contains provisions pertaining to shares – share capital and debentures, their nature and the rights and obligations attaching thereto. Clause 93 specifies that a share in a company is transferable movable property. It does not, except in the case of companies existing on the effective date, have a nominal or par value. Only issued shares have rights attaching to them.
Madam Speaker, Clause 94 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 preferences, 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, maybe altered by means of any 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.
Madam Speaker, Clause 95 states that all 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. This is an alterable provision and cannot be changed in the memorandum. Also where the memorandum has established more than one class of shares, then the memorandum when setting out the preferences rights, limitations or other terms of those classes of shares must provide that for each particular matter, they may be submitted for a decision to shareholders of the company. At least one class of the company’s shares has voting rights that maybe exercised on that matter and the holders of at least one class of the company’s shares irrespective of whether it is the same as a class contemplated in class of shares mentioned earlier on are entitled to receive the net assets of the company upon liquidation.
Clause 96, 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 consent 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. This Clause allows for the retroactive ratification by shareholders of the issuance by the board of shares in excess of those provided for in the memorandum or of a class not contemplated by the memorandum. However, if a resolution to retroactively authorise an issue of shares is not adopted when voted on then the share issue is a nullity to the extent that it exceeds any authorisation and the company must return to any person, the fair value of the consideration received by the company in respect of that share issue to the extent that it is nullified together with interest.
Madam Speaker, under Clause 97, 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. The private company’s memorandum may expressly limit, negate restrict or place conditions upon this right.
Clause 98 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.
Madam Speaker, Clause 99 sets out rules with respect to options for subscription or debentures in a company. Clause 100 sets forth the parameters of the solvency 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. Solvency refers to a company’s capacity to meet its long term financial commitments, while liquidity refers to a company’s ability to pay short term obligations.
A company, including a subsidiary company satisfies the solvency and liquidity tests at a particular time if considering all reasonable foreseeable financial circumstances of the company at that time, the assets of the company is fairly valued equal or exceeds the liabilities of the company as fairly valued. This should also take into account that the company will be able to pay its debts as they become due in the ordinary course of business for a period of 12 months, after the date on which the test is applied or in the case of a distribution as defined 12 months following that distribution. Any financial records to be considered concerning the company must be based on accounting records and financial statements as prescribed. In applying the solvency and liquidity tests, a fair valuation of the company’s assets and liabilities must be considered, including any reasonable foreseeable contingent assets and liabilities.
Madam Speaker, Chapter 3 (2) (b) 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 101, 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.
Madam Speaker, Clause 102 and 110 provide for certain matters to be stated in reports set out in the prospectus. These statements must be in English or any officially recognised language. Matters to be stated and reports set out in the prospectus are listed.
Clause 103 provides that any statement in a prospectus purporting to be a statement of an expert must not be issued unless the expert gives his or her written consent to the inclusion of that statement in the prospectus.
Clause 104 requires all prospectuses to be registered with the Registrar. Clause 105 says that unless the company concerned is a private company converting into a public company, a company shall not alter anything included in a formation contract, which is mentioned in a prospectus or statement in lieu of prospectus unless that alteration is approved in a statutory meeting of the members of the company.
Madam Speaker Clause 106 and 107 provide for civil liability and criminal liability respectively, that are to be attached to misstatements in a prospectus and for defences to an action brought on the basis of such misstatements.
Madam Speaker, Clause 108 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. In that event, the company must deliver to the Registrar not later than the date of the public subscription a copy of the underwriting contract and an affidavit sworn by the underwriter or two of the underwriters director that it is in a position to honour the underwriting contract.
Madam Speaker, Clause 109 deems any document offering any shares or debentures for public subscription to be a prospectus for the purposes of this sub part.
Clause 111 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.
Madam Speaker, Clause 112 prohibits the door to door solicitation of members of the public at their homes, offices, shops or business premises to subscribe for shares or debentures, “zvekufamba door to door hazvibvumidzwe.” This clause also prohibits the advertisement or soliciting for distribution of any verbal or written statement unless such statement is accompanied by a prospectus or similar document that is compliant with this Bill.
Madam Speaker, I turn to Chapter 3 (2) (c) which contains provisions pertaining to the allotment of shares or stock in a company. Clause 113 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 114, a public company which allocates shares at any time after its formation must not allot such shares unless it lodges with the Registrar a statement in lieu of prospectus signed by the directors. Such statements must comply in certain respects with those contained in a prospectus. Failure to comply with this clause can result in civil penalty where a statement in lieu of prospectus includes any false statement or a criminal sanction as well.
Madam Speaker, in Clause 115 if any allotment of share is made in contravention of Clause 113 and 114, the allotment itself shall be void if an aggrieved person makes an application to the court to that effect. Under Clause 116, an allottee of shares may void the allotment of shares if the allotments were made in contravention of Clause 102. The effect of Clause 117 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 118 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 subscribed for a share in the company concerned any allotment made in those circumstances will be void. Clause 119 requires companies to keep registers of allotted shares at its registered offices.
I now turn to sub-part D of Part II of Chapter 3 which contains provisions pertaining to commissions and discounts in connection with the sale and purchase of shares. Under Clause 120, the payment of any shares as an inducement to buy any shares is regulated. Clause 121 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 which contains provisions pertaining to the issues of shares at premium or discount and redeemable preference shares. Clause 122 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 123 allows a company to issue shares at a discount subject to the authority of a special resolution of the company, the sanction of the court and other conditions.
Clauses 124 and 125 empower a company to issue shares; the company can buy back under specified conditions. It is provided that redeemable shares can only be redeemed out of profit otherwise available for distribution as dividends. Clauses 126 to 132 provide for the power of a company to purchase its own shares. A company must be authorised in advance by the general meeting to do this. The right to purchase its own shares thus authorised are not capable of being ceded nor can they be renounced unless authority to do this is obtained in advance from a general meeting of the company.
If authority is given by a general meeting to purchase its own shares and the right to purchase is subjected to any payment being made to the shareholders then such payment can only be made out of the profits otherwise available for distribution as dividends. Likewise, payments made by a company to obtain the right to buy its own shares or to obtain the release of any obligation to buy its own shares can only be made out of the profits otherwise available for distribution as dividends.
The diminution in the company’s share capital resulting in a company purchasing its own shares is evidenced by the cancelled shares being transferred to a special reserve called the Capital Redemption
Reserve. A company is excused from civil liability for failure to pay for its redeemable shares or to purchase its own shares, if it is able to show the court that it cannot meet the costs from its profits.
I now turn to sub-Part F of Part II of Chapter 3, which contains miscellaneous provisions as to share capital. Under Clause 133, 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 its articles. Under Clause 134, a company can, by special resolution determine that any portion of its share capital not yet called upon is not to be called up except in the case of winding up or judicial management.
Clause 135 deals with capitalisation shares. Capitalisation shares commonly called bonus shares are free shares offered by a company to its existing shareholders often as an alternative to increasing the dividend paid out. The board may resolve at the same time to offer any shareholder who so wishes a cash payment in lieu of receiving the capitalisation shares but in so doing, it must apply the solvency and liquidity tests on the assumption that every such shareholder would elect to receive cash.
Clause 136 provides that before making any dividend payments, the board must among other things, apply the insolvency and liquidity test as set out in Clause 100. This provision contains certain safeguards for shareholders and creditors such as that dividends distributions must be effected within 120 days of them being declared and if there is a delay in complying with this requirement, the solvency and liquidity test must be re-applied.
Clause 137 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. Under Clause 138, any consolidation, conversion, cancellation or subdivision of a company’s share capital or redemption of its preference shares must be notified to the Registrar.
Under Clause 139, the Registrar must be notified by a company of any increase of its registered share capital which may only be done upon a special resolution authorising such increase. Clause 140 provides for the payment of interest on issued share capital used for capital investments that cannot be made profitable for a lengthy period under specified conditions. In Clause 141, if the company has authority by its Memorandum of Association or Articles or by special resolution to vary the rights attaching to any types of its shares, minority shareholders representing not less than 5% of shares of the affected class are given the rights to apply to court to have the variation cancelled. The conditions associated with such variation are specified in this clause.
Sub-Part G of Part II of Chapter 3 contained in Clauses 142 to 147 are provisions pertaining to the reduction of the share capital of companies.
A company authorised by its articles of association to reduce its share capital may do so by special resolution after confirmation by court. Upon confirmation by a court for an order confirming reduction, the reduction is registered by the Registrar. 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 wilfully concealing the name of any creditor entitled to object to the reduction, are set forth in Clauses 146 and 147.
Sub-Part H of Part II of Chapter III contains provisions pertaining to the transfer of shares and debentures, evidence of titles, etc.
Clause 148 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 pari passu (on an equal footing) with each other.
Clause 149 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 (this does not apply to shares transferred by operation of law). A company must on the application of a transferor of any share enter the transferee in its register of members. A company is entitled to refuse the registration of a transferee upon notice to both the transferor and transferee. An executor of a deceased estate may transfer shares the same way a deceased member could have done if they were
alive.
Clause 150 prohibits “bearer shares” (shares whose ownership 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 151, unless the conditions of issuance of debenture, share of stock otherwise provide, a company must within two months of lodgement of transfer of the same complete and have ready for delivery the certificate relating to those shares, debentures and debenture stock. However, provision is made to allow for uncertificated shares to be issued by companies that are registered users of the electronic registry
Clause 152 empowers a company to create and issue debentures to bind its movable or immovable property if so authorised by its memorandum or articles of association. A contract with a company to take up and pay for any debentures of the company may be enforced by an order for specific performance.
Clause 153 requires a company to keep a register of mortgages and a register of debentures with full relevant particulars at its registered office.
Clause 154 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 155 provides for the power to reissue redeemed debentures in certain cases. The presumption is in favour of the company being able to do so, unless there is an expression provision in its articles of association or special resolution prohibiting this.
Part III of Chapter III 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 156 imposes certain conditions that must be met before a public company can commence business.
Clauses 157 to 162 concern the keeping of a register of members by companies. Companies must keep registers of their members at their registered offices regularly updated with certain particulars namely; addresses, shares held by them, when members were entered into the register as such and when they ceased to be members. Companies may however contract out this responsibility out to corporate service providers in which event such providers will be liable to fulfil the statutory requirements. Companies must avail their registers for inspection by their members, but may temporarily by resolution of the directors close their registers to scrutiny for a period or periods not exceeding 60 days. An aggrieved person may apply to the High Court to rectify the register if any name is omitted or any delay is made in registering that a person has ceased to be a member. Companies have a discretion to record in their register whether any shares are held in trust. But in that event, they must verify the legal status of the trust or the trustee. Registers of members are presumptive proof to a court of any entries therein. Companies may also, if authorised by their articles, keep a register in foreign countries.
Sub-Part B of Part III of Chapter III contains provisions pertaining to the rendering of annual returns to the Registrar by companies, and the conduct of their meetings and proceedings.
Clause 163 requires every company to file with the Registrar an annual return which includes a summary of shareholders, list of directors and secretaries and date of statutory meetings.
Under Clause 164 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 items of which include 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 165, 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 (together with the consideration of any other matters the company may provide for in its articles).
Clause 166 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 167 stipulates minimum notice periods for calling meetings of members of a company.
Clause 168 contains default provisions (that is, provisions to be complied with in the absence of similar provisions in the articles) on such issues as the manner of serving notice, the requisition of meetings, the quorum at meetings and the voting weight to be attached to each share or value of stock. Virtual meetings are also now provided for. If for any reason it is impracticable to call a meeting of a company in any manner in which meetings of that company may be called, or if for any other reason a court sees fit, a court may, either of its own motion or on the application of any director of the company or of any member of the company who would be entitled to vote at the meeting, order a meeting of the company to be called, held and conducted in such manner as the court thinks fit,
Clause 169 entitles a member of a company to appoint a proxy to vote on his or her behalf at membership meetings.
Clause 170 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 171 permits body corporates to be represented at meetings of members of companies under specified conditions.
Clause 172 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 requisitionists.
Clause 173 provides for special resolutions, that is to say, resolutions that require a supermajority of 75% of members entitled to vote and a notice of 21 days.
Clause 174 provides for resolutions to be passed without a meeting of members of a private company if the resolution is circulated among members entitled to vote. However such manner of voting is not permitted for resolutions seeking the removal of a director or auditor of the company.
Clause 175 provides that whereby the articles say anything is required to be done on special notice, such notice must be given 28 days before the meeting at which it is to be moved (rather than on 21 days’ notice). This clause provides how such notice must be given.
Under clause 176, provision is made for the transmission to the Registrar of copies of special resolutions.
Clause 177 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 and not the date of the earlier meeting.
Clauses 178 and 179 require minutes to be kept of every general meeting of a company and of its directors, and provide for the inspection or obtaining of the minutes of general meetings by any member of a company.
Sub-Part C of Part III of Chapter III contains provisions pertaining to a company’s accounts and audit
Clauses 180, 181, 182 and 183 provide that every company is required to keep at its registered office financial records that reflect a true and fair view of the companies state of affairs, and that the company may destroy such records 8 years after the completion of the transactions 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 last ended.
Clause 183 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 subsidiaries
Clauses 184 and 185 make provision for “group accounts”, that is to say consolidated or individually segregated accounts in the case of a company with subsidiaries. These must be likewise laid before a general meeting of the company.
Clause 186 requires the statement of comprehensive income to be annexed to every statement of financial position and laid before a general meeting of the company.
Under Clause 187, there must be attached to 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 dividend have been paid or should be paid or what profit should be retained and carried to the company reserves.
Clause 188 says that members of a company must, before every general meeting, receive copies of every statement of financial position and associated documents associated thereto. It does not, however, apply to private companies unless one of its members is a public company or another private company that is a subsidiary of a public company. This clause further entitles members and debenture holders to demand copies of the auditors report thereon that were laid before the last general meeting of the company
Clause 189 provides for the appointment, remuneration, duties, powers and removal of auditors. In particular, this clause requires special notice of any resolution at an annual general meeting to appoint or remove the auditor of a company
Clause 190 provides for the disqualifications for appointment as an auditor of a company.
Clause 191 provides for the contents of an auditor’s report.
Clause 192 says that a reference in this Bill to a document annexed or required to be annexed or required to be annexed to a company account does not include the director’s or auditor’s report.
Sub-Part D of Part III of Chapter III contains provisions pertaining to a company’s directors and other officers
Clause 193 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. A public company must have not fewer than seven nor 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, not to sit on no more than six boards. No director may delegate his or her core management function and the accountability that goes with it to any other person. Acts of directors and mangers are valid despite defects that may afterwards be discovered after their appointment.
Clause 194 will enable decisions to be made otherwise than at meetings of boards of companies requiring the physical presence of directors, such as at virtual meetings (teleconferences) and by circular, unless the memorandum of the company concerned prohibits this.
In terms of Clause 195, a director of a company (but also an alternate director, a prescribed officer, a person who is a member of a committee of a board of a company, or a 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 or she is the director in accordance with the principles of the common law relating to the breach of a fiduciary duty and relating to delict, for any loss, damages or costs sustained by the company as a consequence of any breach by the director of duties contemplated, inter alia, in Clauses 54, 55, 57 and 193 above. However, subclause (9) states that in any proceedings against a director, other than for wilful misconduct or wilful breach of trust, the court may relieve the director, either wholly or in part, from any liability set out in this section, or on any terms the court considers just, if it appears to the court that the director has acted honestly and reasonably, or having regard to all the circumstances of the case, including those connected with the appointment of the director, it would be fair to excuse the director.
Clause 196 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 itemised. Stricter provisions apply to appointment, qualification and disqualification of secretaries of public companies.
Clause 197 imposes restrictions on the appointment or advertisement of directors of public companies.
The persons disqualified from being appointed as directors of public companies are set out in Clause 198; although private companies are not bound by this provision when appointing directors, they must file a statement with the Registrar that they have appointed a 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 aggrieved investors who are unaware of the appointment).
Clause 199 requires the appointment of directors of public companies to be voted on individually at a general meeting of a public company.
Clause 200 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 or her term of office. The right of the affected director to make representations for compensation to unlawful dismissal is saved.
Clauses 201, 202 and 203 make provision for the filling of vacancies on boards of companies, for quora and tie-breaking votes at meetings of boards of directors and for the keeping of minutes of meetings of boards and committees.
Under Clause 205 every public company must have at least three non–executive or independent directors on its board of directors.
Clause 206 provides for the remuneration of directors
(“emoluments”). The emoluments of a director of a public company must be approved by shareholders at the annual general meeting of the company.
Clause 207 prohibits loans or guarantees from the funds of the company to be made to directors, except within the conditions stated therein.
Clause 208 provides that the nature and extent of any terminal benefits to any director of a public company must be disclosed by a public company and approved by members at a general meeting. In relation to private companies, there is no such restriction, but the company secretary must file with the Registrar a statement of the terminal benefits on loss of office paid to a director (a private company that fails to file this statement runs the risk of this matter becoming an issue in litigation at the instance of aggrieved investors who are unaware of the appointment).
Clause 209 requires the prior approval for members of public company for any transfer of its property to an existing director as compensation for his or her loss of office or retirement. As with the previous clause, there is no such statutory requirement on the part of a private company, apart from the obligation to file a statement with the Registrar that it has made a transfer of its property to a departing director.
Clause 210 says that where a public company is taken over, merged, 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 211 creates certain presumptions in connection to the foregoing Clauses 208,209 and 210 with a view to avoiding any evasion of them by affected directors.
Clause 212 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 this.
Such register will be kept at the company’s registered office and must be open to inspection during business hours. The Registrar may require a copy or part of it to be availed to him or her.
Clause 213 prohibits (notwithstanding anything in the articles of association of the company concerned) the allotment of shares to directors, save 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 214 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 annexed thereto.
Clause 215 requires certain disclosures to be made in accounts laid before members of a public company of particulars of loans made to officers of that company.
Clause 216 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.
Sub-Part E of Part III of Chapter III contains provisions pertaining to the rresponsibilities of boards of directors, audit committees of public company and corporate governance guidelines for public companies
Clauses 217 set forth what the role of the board of directors 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 218.
Under Clause 219, the board of every public company shall establish and or adopt written corporate governance guidelines that must be consistent with the then current National Code on Corporate Governance. Public companies must also each formulate and implement a policy to promote diversity and gender balance in their governance structures and employment policies from the board downwards.
The appointment by boards of officers of the company and the definition of their responsibilities is provided for under Clause 220.
Sub-Part F of Part III of Chapter II contains provisions pertaining to the protection of minority shareholders from oppression.
Clause 222 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 prejudicial to the interests of some part of the members, including himself or herself, or that any actual or proposed act or omission of the company, including an act or omission on its behalf, is or would be so oppressive or prejudicial. Under Clause 223 the Registrar is also empowered to make a similar application if he or she receives a report after an investigation into the company’s affairs which discloses that the company affairs are being done oppressively and unfairly to minority shareholders. Among other things a court may require the impugned company to refrain from doing or continuing an act complained of by the applicant or to do an act which the applicant has complained it has omitted to do.
Sub-Part G of Part III of Chapter III contains provisions pertaining to mergers and related issues.
Clause 225 contains definitions of “merger” and “major asset transaction”.
Clause 226 empowers private, public company and cooperative companies to undertake mergers and describes the types of mergers that may be undertaken.
Clause 227 provides comprehensively for the procedure from the beginning of a merger of companies to its end, with the documents concerning the merger being filed with the Registrar.
Clause 228 provides the minimum requirements for the contents of a merger contract. Under Clause 229 a private company may, and public company must, if either is a party to a merger, engage an independent, professional financial advisor to explain for the benefit of members and shareholders what the merger is about and whether in his or her opinion its terms are fair.
Clause 230 spells out in detail the legal effect of the merger of two or more companies.
In Clause 231 major asset transactions not amounting to mergers must be subjected to shareholder approval. If the transaction in question is of certain magnitude and is not related to the usual course of the company’s business, shareholders and dissenting directors are given the right to challenge the board if they dispute whether or not the transaction in question is a major asset transaction. They also have this right if the transaction in question is also in fact a disguised merger.
Clause 232 provides for dissenting shareholders appraisal rights. Such rights enable minority shareholders in a company who dissent from a corporate decision of a company in certain cases (in particular those referred to in Clauses 141 and 227) to leave the company by having the company pay them for the fair value of their shares. Appraisal rights ensure against any minority dissenting shareholder standing in the way of a transaction approved by the majority shareholders, without, however, creating a great burden for the company. The fair value of the shares paid to the dissenters must compensate shareholders for their investments, expectations, and results in a company.
An aggrieved or dissenting shareholder is given an opportunity to inform the company of his or her intention to express their views on objecting to a major asset transaction or merger resolution. Where the company proceeds against the wishes of the dissenting shareholders, the dissenting shareholder are entitled, within a prescribed time, to require that the company pay them the fair value for all the shares they hold in the company. A court may ultimately determine “fair value” in the absence of mutual agreement. In doing so it is not limited to looking at the interests of the dissenting shareholders, but also of the company
itself.
Sub-Part H of Part III of Chapter III contains provisions pertaining to takeovers.
Clause 233 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 or juristic persons, they exercise control over each other in the form of controlling shareholdings and so on.
Clause 234 says that a person who (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 235 says that a person who wants (whether alone or together with one or more associates) 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. During that notice period a shareholders’ meeting of each merging company is held at which all shareholders may vote except the potential acquirer and his or her associates. A shareholder may on good cause shown apply for an interdict to a court to stop the acquisition of the control block.
Clause 236 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. Firstly notice must be given to shareholders on the date that a control block is acquired. Secondly within 60 days of such notice acquisition, the acquirer of the block must give notice to shareholders offering to acquire the companies ordinary shares belonging to them at a price approximating the market price of the shares in the last six months prior of the acquisition of the controlling block. Thirdly shareholders must be given up to at least 30 days to take up the offer. The whole process must be completed in less than 120 days from the acquisition of the controlling block.
Clauses 227 and 238 provide 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 dissenting shareholders to sell them their shares to the acquirer. On the tag-along is the opposite right in favour of the dissenting shareholders: the acquirer in a takeover may be compelled to buy 10% or less of the shareholding of dissenting shareholders on the same terms as those applicable to non-dissenting shareholders.
Part IV of Chapter III contains provisions pertaining to foreign companies
Clause 239 contains definitions used in Sub-Part A of this Part.
Clause 240 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. The Minister is involved because of the concerns over security in connection with money-laundering and terrorism within the framework of our country’s obligations to the Financial Action Taskforce.
Unless the Minister is of the opinion the registration of a foreign company is not in the public interest the Minister will issue a certificate with or without conditions authorising the foreign country to establish a place of business in Zimbabwe: whereupon it must lodge with the documents with the Registrar in order for it be registered. The document must additionally identify a principal officer responsible for the management of a foreign company in Zimbabwe. Changes to the documents and particulars lodged with the Registrar, must be notified to the Registrar within one month of the change. The Registrar may at any time within a one month notice require a foreign country to disclose the particulars of any director of a company not resident in Zimbabwe. Every year a foreign company must make a return to the Registrar of its financial position (this does not apply to banks and insurers who account to the appropriate statutory regulations), a return on particulars of its nominal and issued share capital.
The Registrar may also be notified that a foreign country has ceased to have a place of business in Zimbabwe, in which event he will remove it from the register. Likewise the Registrar may strike a foreign company off the register if he or she is satisfied that a foreign country has ceased to operate a place of business in Zimbabwe, additionally the Minister is given powers to revoke and impose conditions on foreign companies in the public interest. However, such power is subject to judicial review. It should be noted that foreign companies are entirely exempted from this section if they have obtained an investment licence or operating in a special economic zone or are licenced as a foreign bank or insurer registered under the appropriate Act.
Clause 241 imposes on foreign companies conditions similar to those in Clauses 28, 30, 31 and 180.
Clause 242 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 immoveable property from the original foreign company to the new company.
Sub-Part B of Part IV of Chapter III contains, in Clauses 243 to 245, provisions pertaining to prospectuses of foreign companies that are issued out, circulated or distributed in Zimbabwe.
Chapter IV gathers all provisions that are unique to PBCs and other business entities.
PBCs where a 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 246, any number of people not exceeding 20 people will be entitled to form a PBC by signing an incorporation statement and delivering it to the Registrar for registration.
In Clause 247 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 interests in the PBC, and the name of a person (to be known as an “accounting officer”) who will be responsible for ensuring that the PBC’s accounts are properly kept in terms of Sub-Part E. Upon registration of an incorporation statement the PBC concerned will be incorporated – that is, will be established as a corporate body with legal personality and full capacity independent of its members.
Under Clause 248 PBCs will be obliged to register any changes in their membership or in any other particulars to be required to be specified in their incorporation statements. Failure to do so will render the PBC members liable for their PBC’s debts.
Under Clause 249 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 a company. If the Registrar is satisfied he or she shall register the PBC as a new company which will be regarded as a continuation of the same body corporate that was formed when the PBC was first incorporated. On the other hand a company may convert itself to a PBC, provided that the company has less than twenty members and otherwise complies with all the provisions set out in Clause 250. Provided that if the Registrar or the High court have received no objections to the conversion of the company into a PBC, the Registrar shall cancel the company’s registration in the companies register and register it as a PBC. Upon registration as a PBC, the PBC must give notice of its conversion to all creditors of the former company and all other parties to contracts or legal proceedings in which it was involved before its conversion.
Sub-Part B of Part I of Chapter IV contains provisions pertaining to membership of PBCs.
Under Clause 251 a PBC will be limited to between one and twenty members. A PBC will continue to exist even if it has no members, but anyone who causes it to carry on business without members will be personally liable for its debts. If a PBC purports to have more than twenty members, all the members and purported members will incur personal liability for the PBC’s debts.
Under Clause 252 only natural persons (that is human beings) acting in their personal capacity will be entitled to membership of a PBC, though representative members will be allowed in the event of insolvency, minority or other legal disability of a member.
A person will not become a member of a PBC until the fact of his or her membership has been recorded in a registered incorporation statement; similarly his or her membership will not cease in most cases until that fact has been recorded and registered, though under Clause 253 a court will have power to make an order terminating a person’s membership if he or she has become incapable of carrying out his or her duties, as a member or has misconducted himself or herself or, generally, if it is equitable to terminate his or her membership.
Under Clause 253 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 254 the condition of cessation of membership of a
PBC are specified.
Sub-Part C of Part I of Chapter IV contains provisions pertaining to members’ interests in PBCs.
In Clause 255 a member’s interest (unlike a company; members of a PBC hold an “interest” rather than a “share”) in a PBC shall be expressed as percentage (the total sum of the members, interests 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 the free residue of the PBC that are then distributable to members.
Under Clause 256 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. New members may acquire existing members’ interests or make contributions to the assets of the PBC, in which latter case the percentage of their interests will be agreed between them and the existing members (Clause 257).
Clauses 258 and 259 deal with the disposal of interests 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 PBC’s by-
laws, if they address such a situation.
Unless there is some other provision in the PBC’s by-laws, all voluntary disposal of members’ interests will (under Clause 260) require the consent of every member.
Clause 261 requires the adjustment of members’ interests whenever the membership of PBCs is increased or diminished, so that the totality of members’ interests is maintained at 100%.
Under Clause 262 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. Similarly, a PBC will also be allowed to give financial assistance for the acquisition of its members’ interests, so long as all the members consent and provided the PBC is solvent after the assistance has been given (Clause 263).
Sub-Part D of Part I of Chapter IV contains provisions pertaining to the management and administration of PBCs.
Under Clause 264 acts done by members will bind a PBC if the acts were authorised or were done in the course of the PBC’s business, unless the member concerned had no authority and the person with whom he or she was dealing with ought to have known it.
Under Clause 265 PBCs must adopt by-laws regulating the management of their affairs; the by-laws will have to be signed and approved by every member on their adoption but will be capable of being amended by members holding at least 75 % of the total interests in the PBC. Model by-laws set out in Table D of the Sixth Schedule may be adopted by the members on registration of the PBC’s incorporation statement or at any time thereafter.
Clauses 266 and 267 set out the minimum requirements for the management of PBCs, which will apply to any PBC unless varied by agreement between the members or by the PBC’s by-laws. The requirements set out in the two clauses relate to the payment of members for taking part in the management of the PBC concerned and the holding of meetings of members. In the absence of by-laws specifying otherwise, certain matters require the unanimous vote of all members, such as the amendment of the incorporation statement, the making of distributions, the acquisition of members’ interests, and so on.
Clause 268 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 269 is designed to protect creditors of PBCs. Dividends will not be paid out to members if their payment would render the PBC insolvent. Also under this clause, a member, manager or other person who causes a prohibited distribution of the PBC’s income or property to be made, and who knew at the time that the distribution was prohibited, is personally liable to the PBC for the return of the amount of all such distribution
Sub-Part E of Part I of Chapter IV contains provisions pertaining to accounting by PBCs.
By Clause 270 every PBC will be required to keep financial records that are sufficiently detailed to allow the nature of all transactions and the PBC’s true financial position to be ascertained.
Such financial records will have to be kept for six years.
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 members’ contributions and the value of its assets (Clause 271). The annual financial statement will have to be submitted to a person with recognised accounting qualifications approved by the Minister (known as an “accounting officer” in the Bill). The accounting officer will be responsible for reviewing and reporting on the PBC’s accounts and financial statements. In the exercise of his or her functions, an accounting officer will have a right to access all the
PBC’s financial records and will be empowered to summon meetings of members, even if he or she is not a member (Clause 272). If an accounting officer is dismissed and he or she has reason to believe that his or her dismissal was effected to prevent him or her discovering malpractice in the PBC’s affairs, he or she will be obliged to report the dismissal and his or her suspicions to the Registrar (Clause 274).
Clause 277 permits the voluntary registration by partnerships, syndicates, consortiums, joint ventures or unregistered associations of their constitutive documents by the Registrar. The copy of the constitutive document of any such entity that is so registered will be deemed to be the authentic copy for all purposes.
Chapter V concerns the electronic registry, which is defined as the electronic counterpart to paper-based Office for the Registration of
Companies and Other Business Entities.
This Chapter will permit the digitisation of the companies registry and the eventual establishment of an electronic companies 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. In particular users of the electronic registry must subscribe to a “user agreement” with the Registrar in substantially the form set forth in the Seventh Schedule.
Chapter VI deals with the licencing of business entity incorporation agents and business entity service providers, shell companies and shelf companies, and the undertaking by the Registrar of periodic company status verification exercises.
In general, no person other than a legal practitioner, chartered accountant or chartered secretary may engage in business entity registration work (as defined in Clause 291 (1)), but persons qualified in terms of Clause 291 (3) may be licenced by the Registrar to do such work. The same goes for business entity service providers (as defined in Clause 291 (1)), except that such persons cannot be licenced as individuals but must themselves be incorporated as a company under
this Bill.
Clause 292 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 respects 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 the statutory annual returns and fees, leaving the Office with the task of ascertaining whether they are “defunct”. Regarding the legal risks of such companies, they are sometimes used as vehicles for moneylaundering, 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, shell 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.
Chapter VII provides for general and transitional matters.
Part I of Chapter VII contains provisions (Clauses 293 to 296) governing the civil penalty regime proposed for the better and easier enforcement of this Bill. The majority of offences under the existing
Act are of a minor character involving only minor offences and “default fines” (fines for infringements of statutory requirements). This is because infringements concerned are in the nature of administrative breaches and 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 these 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.
Clause 297 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 registration and law (Clause 298), the giving by the Minister of policy directions to the Registrar (Clause 299), and the making by the Minister of regulations necessary or expedient for this Bill (Clause 300). Clause 301 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 payments of fees, and changes in computer technology affecting the smooth running of the electronic Registry.
Clause 302 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 are the provisions requiring re-registration of existing companies and PBCs in line with the objective of updating and modernising the Companies Registry and removing all defunct 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
Clause 303 enacts special transitional provisions with respect to the status of shares, treasury shares, capital accounts and share certificates of companied existing before the enactment of this Bill as an Act. I thank you.
I now move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 30th January, 2019.
On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Two Minutes
to Five o’clock p.m.