PARLIAMENT OF ZIMBABWE
Tuesday, 31st October, 2017
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
PRE-BUDGET SEMINAR
THE HON. SPEAKER: All Members of Parliament are advised
that the pre-budget seminar will be held from the 8th to the 12th of November, 2017, at Elephant Hills Hotel in Victoria Falls. Departure will be on Wednesday, 8th November, 2017. All Hon. Members are requested to confirm their attendance with the Public Relations Department for logistical purposes.
Hon. Members from Matebeleland North, Matebeleland South,
Bulawayo, Masvingo and Midlands provinces will drive to Victoria Falls, while those from Harare, Mashonaland West, Mashonaland Central, Manicaland and Mashonaland East provinces will use a scheduled chartered flight.
PETITIONS RECEIVED
THE HON. SPEAKER: I have to advise the House that on the
24th of October, 2017, Parliament of Zimbabwe received petitions from:
- The National Association of Societies for the Care of the Handicapped beseeching Parliament to exercise its legislative and oversight functions and protect the constitutionally guaranteed rights of the persons with disabilities to participate fully in the electoral process.
- Godfrey Mupanga and the Public Interest Law Trust beseeching Parliament to exercise its legislative and oversight functions and protect the constitutionally guaranteed rights of the persons who lose loved ones who die due to wrongful death.
The petitions have since been referred to the Portfolio
Committee on Justice, Legal and Parliamentary Affairs.
DISAGREEMENT BETWEEN HOUSES: LAND COMMISSION
BILL [H. B. 2B, 2016]
THE HON. SPEAKER: On Tuesday, 17 October, 2017, the
National Assembly rejected the amendments that had been made by the
Senate on Clauses 2, 3 and 37 of the Land Commission Bill [H. B. 2B, 2016].
Paragraphs 6 (1) (a) of the Fifth Schedule of the Constitution of Zimbabwe states that if the Senate and the National Assembly have not agreed upon amendments to be made to a Bill which originated in the National Assembly before the expiration of a period of 90 days beginning on the day of the introduction of the Bill in the Senate; the Bill may be presented to the President for assent and signature in the form in which it was passed by the National Assembly, except for minor changes required by the passage of time, and any amendments on which the Senate and the National Assembly may have agreed.
A Bill referred to in paragraph 6 (1), which is subject of the disagreement, and originating in the National Assembly is deemed to have been introduced in the Senate on the sitting day immediately after its transmission to the Senate.
The Land Commission Bill [H. B. 2B, 2016] was transmitted by the National Assembly on 26th January, 2017 and introduced in the Senate on the 2nd of February, 2017. In terms of paragraph 6 (1) as read with paragraph 6 (6), the period of 90 days referred to in paragraph 6 (1) have since expired.
In terms of paragraph 6 (3), the National Assembly must pass a resolution that the Land Commission Bill [H. B. 2B, 2016], be presented to the President for assent and signature in the form in which it was passed by the National Assembly.
HON. MUTSEYAMI: I rise on a point of order in terms of
Standing Order No. 68 (d). My point of order is with regards to welfare. Today is the 31st of October, 2017 and we were given concrete assurances by the Office of the Speaker and the Hon. Minister to the effect that by today all Members of Parliament would have received their dues in terms of the challenges that we had with regard to our allowances, our outstanding everything, our welfare and lastly with regard to our CDF – [HON MEMBERS: Hear, hear].
I do not mean to put pressure on you Mr. Speaker Sir, but I mean to put pressure on your office so that – [Laughter.]- Mr. Speaker Sir, I kindly await the response concerning our sitting allowances, everything and lastly, our CDF so that we can go into these constituencies and embark on big projects which will be recognised way before 2018 elections. I thank you – [HON. MEMBERS: Hear, hear.] - THE HON. SPEAKER: Thank you Hon. Mutseyami, although I
did not understand what you meant by “our outstanding everything”. I hope you meant all outstanding payments. I have written you as Hon. Members individually, and the circular should be in your pigeon holes by 3 o’clock today – where we confirm the transactions that you requested with only two provisos which concern the stands. Other Hon. Members have not indicated their stands preferences. That is outstanding. Related to that is the individual cost structure of the stand.
It has been agreed with the Ministry of Local Government, Public Works and National Housing that you do not pay for the land value but you only pay for the servicing of the stands. So, that will bring down the cost of the stands.
As regards the CDF, that is in place. Treasury has marshalled in $5m which should begin to flow into your various accounts provided you open up those accounts. Secondly, you also appoint a committee to take care of the funds, perhaps more importantly that the constitution of the fund is adopted by this House. The modalities are contained in the constitution and therefore, we appeal to you to expedite the passing of that constitution so that there is accountability – [HON. MEMBERS: Let us do it today. Ngatiiteyi nhasi.] - I think the Hon. Member who had moved that motion is Hon. Adv. Chamisa. Am I right? If you do it today that will really accelerate the process. Hon. Adv Chamisa, you have come at the right time. I was going to say Hon. Adv Chamisa is going to move for the adoption of the constitution as you requested today. Once that is in place, that will then create the modus operandi of the CDF. That will also allow Treasury to disburse the funds accordingly. If there is no committee in your constituency, that will not happen because this is public money – [HON. MEMBERS: Inaudible interjections.] - Hon. Matangira, let me finish my term as Speaker – [Laughter.]- I was saying since we have our three roles, one of the major roles that we exercise as Parliament is oversight over the Executive but we must be the first ones to exercise oversight on ourselves when it comes to public funds. My appeal is, please act accordingly, follow the instructions and there should not be any problems at all in terms of disbursements of the funds. I think those are the major issues.
If you check in your pigeon holes by 3 o’clock or there-about, the Clerk will ensure that the circular will have been put in your pigeon holes.
HON. MUTSEYAMI: Thank you Mr. Speaker Sir. I think everything is in order. We only await Hon. Adv. Chamisa if he can move this issue to do with the constitution so that we finish this business today – [HON. MEMBERS: Now, now.] – Probably, with the leave of the House, it has to happen like now – [HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order. Order. In terms of the due process, Hon. Chamisa will give notice for the adoption of the constitution so that tomorrow he can so move accordingly.
HON. ADV. CHAMISA: Thank you very much Mr. Speaker Sir.
I wish to first apologise for the late entry. As you know matters of the State are very difficult, but I want to appreciate that you have given me this indulgence Mr. Speaker to deal with this very important issue. I have conversed with the Clerk. Had it not been for the procedural issues and technicalities, I was going to move today and have it adopted today. Be that as it may, to show commitment and we have already done this work Mr. Speaker Sir, because we have already come with the document to Parliamentarians and amendments have been made. I want to thank Hon. Members who have already given amendments. I think Hon. Sibanda gave amendments and other Hon. Members - Hon. Ziyambi who made some indications.
I wish to formally Mr. Speaker Sir, move that we are going to propose and recommend tomorrow by way of notice to have the adoption of the constitution so that we are able to clear the way for the funds to come our way. I am sorry for the delay, because there is clear agitation and impatience that is justified because of circumstances. So, we need to make sure that we clear this off the way, but I want to thank Members of Parliament for the indulgence Mr. Speaker Sir. Thank you very much.
HON. HOLDER: Thank you Mr. Speaker Sir. A follow up to what has just been raised, I would to say on behalf of the Hon. Members of Parliament, we appreciate that you have taken stance regarding our welfare and the problems that we have. We appreciate, please keep it up Mr. Speaker – [HON. MEMBERS: Hear, hear.] –
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: Mr. Speaker Sir, I move that Orders of the Day, Numbers 1 to 27 be stood over until the rest of the Orders of the
Day have been disposed of.
HON. GONESE: I second.
Motion put and agreed to.
MOTION
GENDER EQUALITY ON SOCIO-ECONOMIC ISSUES AND
DECISION MAKING
HON. CHIRISA: I move the motion standing in my name that:
DISTURBED by under representation and deprivation of women in socio-economic issues and decision-making;
FURTHER DISTURBED by the Executive’s failure to implement gender equality and equitability on access to energy services and supplies;
NOTING with concern that the Executive has failed to conduct an analysis on gender sensitive strategies and mobilisation of resources for purposes of boosting energy renewal and combating climate change;
COGNISANT that the country as a member state that participates in international and regional forums is a signatory and has ratified most instruments and protocols at that level and is therefore obligated to provide basic services such as energy, water, roads and infrastructure to marginalised communities:
NOW THEREFORE, call upon the Executive –
- to work towards achieving the Sustainable Development Goals
(SDGs) and meeting requirements of the 2030 Agenda for Sustainable Development Goals and the Paris climate agreement which emphasises the acceleration of private public cooperation under the deployment under the deployment of new technology on gender inclusion in renewable energy;
- to make available equal opportunities to both men and women in their involvement in Government policies and programmes related to gender inclusion renewable energy;
- to explore further advancement of technology on gender inclusion renewable energy; and
- that the Executive works closely with organisational and institutions responsible for renewable energy so that they share best practices.
HON. CHINANZVAVANA: I second.
HON. CHIRISA: Mr. Speaker Sir, energy is at the centre of everything. It is at the centre of personal, social and economic activities and it is therefore a fact...
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order please, Hon. Members. Order at the back there! At the back, order please. If you feel you need to discuss with colleague, please the door is open, go to the Lobby, not in this Chamber.
HON. CHIRISA: As I was saying Mr. Speaker, energy is at the centre of everything, every personal, social and economic activity. It is therefore a fact that energy is key enabler in transforming the lives of citizens, men, women, boys and girls. This applies Mr. Speaker, not only to the lives of the citizens but to all social and economic factors that also drive development. As pointed out Mr. Speaker Sir, in the National Energy Policy of 2012, there is a direct link between the level of a country’s development and the quality and quantity of energy services.
Hon. Members having been making a lot of noise.
THE TEMPORARY SPEAKER: Order Hon. Members. Shall I
continue calling for order Hon. Members? It is not fair. Order at the back! I will send someone out very soon.
HON. CHIRISA: As I was saying, this applies not only to the lives of the citizens but also to all social and economic sectors. Mr. Speaker Sir, this drives development, without this we are doomed. As pointed out in National Policy of 2012, there is a direct link between the level of national development and the quality and quantity of the energy services.
Mr. Speaker Sir, it is therefore necessary to have universal access to a wide range of modern energy services in order to meet the domestic requirements related to light, heat and power; the energy demand that addresses not only the duty to provide services and extending the grid, but also ensuring affordability and sustainability. Mr. Speaker I am talking of the demand, in line with the national international commitment to provide universal access to energy. It is therefore also related to creating an enabling environment to implement renewals and energy efficiency options including biogas, hydropower, solar and biofuels.
Mr. Speaker Sir, there is a wide range of policies designed to promote the energy access and drive sustainable economic growth. The ZIM ASSET of 2013 envisages that through implementation of key results of the infrastructure, utilities or cluster of the increased energy access, particularly in the rural households and institutes as well as increased usage of alternative forms of energy, including the biogas digester’s programme.
Other commitments can be found in the Sustainable Development Goals, (SDGs), particularly goal number 7 - universal access to energy by 2013. This is just a reminder to say, we are part of the global village and our President signed, this was retried and we are also supposed to be achieving this particular goal by 2030. Mr. Speaker Sir, other commitments can also be found in the revised National Gender Policy of 2017 and the National Energy Policy of 2012. This document will help us to draft the renewable energy policy which is being drafted at the moment.
Mr. Speaker Sir, despite these wide ranging policies commitments, the situation on the ground is far from ideal…
Hon. Members having been making noise.
THE TEMPORARY SPEAKER: Order Hon. Members. It is not
3 o’clock yet, what is this movement about? Order please.
HON. CHIRISA: Mr. Speaker, as I was saying, there is a serious energy deficit and it is impacting negatively on climate, citizens, particularly on women and girls as users, producers and as retailers.
Mr. Speaker Sir, energy is also a cross-cutting issue. As I said earlier, it is at the centre of constitutionally guaranteed rights including health rights, property rights, agricultural rights, environment rights and food rights amongst others and the Constitution is based on equality and non-discrimination Mr. Speaker Sir.
The situation analysis
Mr. Speaker Sir, Zimbabwe has a shortfall on its electricity requirements and only 37% of homes in Zimbabwe have electricity. They have access to electricity, they are connected to power lines and this is in urban areas. 80% of homes have access to electricity whilst only 1% in the rural areas has access to energy. The rural areas are therefore experiencing pronounced energy poverty. The majority of the Zimbabwean population, about 67% lives in the rural areas as per the last census of 2012.
A further challenge is that, of the more than 70% of the population living in poverty in Zimbabwe, the majority are women (Interim Poverty Reduction Strategy Paper- 2016-2018), making energy access to them even more difficult. In the face of energy scarcity, particularly in rural areas, rural communities mostly, 94% of their cooking energy requirements, is from the traditional fields, which is mostly firewood
Mr. Speaker and 20% of urban households use firewood for cooking. Only 6% less than 1% of urban households use coal or charcoal or LP gas.
Gender Equality Energy and Development
Mr. Speaker Sir, it is acknowledged in the National Energy Policy that the energy sector has been slow to acknowledge the links between gender equality, energy and development. This is in the national energy policy of 2012. The National Energy Policy further points out that the role of women in energy provisions and participation in different areas of the energy sector has not been sufficiently addressed.
Mr. Speaker Sir, women experience of the world is shaped by cultural expectations regarding their roles and responsibilities within the family and widely in society, making their experience fundamentally different to men’s responsibilities. This to me means that often there are significantly different needs and guarantees or priorities when it comes to energy services. Men have different needs from their women counter parts and therefore, this goes beyond the households.
Mr. Speaker Sir, taking this wider range of experience and requirements into account in decision making processes and around energy will enable robust and sustainable intervention that will achieve the greatest impact. Without women’s meaningful involvement Mr. Speaker, in all stages of energy project design, delivery and policy interventions around planning and financing, the Government will not be able to accelerate progress on its national energy access goals and gender equality objectives.
Mr. Speaker Sir, global and local findings, suggest that the differences between men and women include the participation of different energy services in the home compared to men, including sometimes a difficult configuration of lighting or different needs for cooling or charging of devices such as cell phones. Mr. Speaker Sir, clean cooking technologies can save significant amounts of time and effort while also reducing health burdens for women and children. Outside the home, women often prioritise energy for water provision and energy in processing or storing agricultural goods.
This values energy in community services such as schools and clinics. Mr. Speaker Sir, women are thus at the forefront of energy especially for lighting, cooking and energy. Poverty Mr. Speaker Sir, has devastating impact on women. These include diseases caused by smoke from firewood and overwork, limited time for economically productive activities due to the long hours and demands of domestic chores such as fetching firewood, limited enterprise due to the lack of cheap energy efficient and renewable energies such as solar pumps for irrigation schemes and lack of conducive conditions for home learning for children.
Mr. Speaker Sir, energy poverty is linked to other forms of resource poverty and this has much greater impact on women especially in rural communities especially female headed households. Forty-eight percent (48%) of households in Zimbabwe are female headed Mr. Speaker Sir. Poor people are less efficient as they use less convenient forms of energy such as wood fuel requiring women who are the poorest of the poor to extend their time and labour to procure the energy. In essence, women are subsidizing the State as providers of energy. The absence of equal representation of women leaders in the energy sector at all levels to shape the agenda for universal and equitable access to energy by women remains a big challenge, particularly institutions such as the Ministry of Energy and Power Development, ZESA Holdings,
Rural Electrification Agency (REA) amongst others Mr. Speaker Sir.
This is not in line with the Constitution requirement for gender equality in decision making, particularly for Government Institutions and parastatals. Financing gender and energy initiatives, Mr. Speaker Sir, the gender gap in the energy sector is further compounded by lack of investment to close this gap, particularly around women’s participation in renewable energy such as solar power, biogas, micro, hydro and through such funding as rural electrification programme. Resources from
Treasury should support renewable energy initiatives – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members, I can
hardly hear what she is debating. Order; let us lower our whispers please.
HON. CHIRISA: Mr. Speaker, I was saying resources from
Treasury to support renewable energy initiatives that have direct impact on women in the sector remains very minimal, for example Mr. Speaker, the 2017 budget, only gave 10% on biogas.
HON. MLISWA: On a point of order Mr. Speaker Sir.
THE TEMPORARY SPEAKER: What is your point of order?
HON. MLISWA: Mr. Speaker, my point of order is that it is now 1500hrs and I think the letters the Speaker spoke about are now in the pigeon holes. So, I was just letting members know that, I think they are now ready for collection. I thank you.
The Speaker said at 1500hrs, the letters will be ready, so I am reminding Members of Parliament to go and check in their pigeon holes because they tend to forget, that is all I am doing.
THE TEMPORARY SPEAKER: Order please, take your seat – [HON. MEMBERS: Inaudible interjections.] – Order, Hon. Member, when the Speaker made this announcement, the Hon. Member, I am sure, was not even in the Chamber. So, it is not your duty to remind Hon. Members to go to their pigeon holes.
HON. CHIRISA: Thank you Mr. Speaker. I was saying the gap
between policy and practice is evidenced by the fact that policy commitment and the Blue Book are not speaking the same language. If you look at the policies and if you then go through the Blue Book, you will find that it is not tallying. The 2018 National Budget should support new clean technologies to reduce the zero the dependencies on traditional forms of energy
Mr. Speaker Sir, I want to repeat on this one, I am saying 2018 National Budget should support clean technologies to reduce the zero dependencies on traditional forms of energy and I hope it is unfortunate that the Minister of Finance and Economic Development is not in the
House but I hope the other Ministers will inform him that I even repeated this paragraph. There is also need to increase share of renewable energy on the national energy needs.
Mr. Speaker Sir, the 2018 National Budget should prioritise energy so as to improve services and operating environment in household institutions, communities and at national level. Gender mainstreaming in the energy sector must be considered as a cross-cutting issue. The National Budget should prioritise energy inclusive of budgets from all sectors; addressing the energy needs of all sectors will make our economy grow as it is also critical for development. Mr. Speaker Sir, there are a lot of barriers to gender equity and equality in the energy sector. This has remained like that for some time now, namely; -weak gender mainstreaming and lack of cross policy analysis to the accounts of a diversity of women in urban or rural areas.
Mr. Speaker Sir, gender mainstreaming is critical and we have, at nearly every budget workshop, talked about gender mainstreaming. I think it is important that the Executive takes this seriously because we really need gender mainstreaming in all sectors, in all departments of the society. There is limited engagement of women empowerment and interest groups to influence policy and programme development especially on the energy sector.
Mr. Speaker Sir, there are also programme barriers. Men still dominate energy projects as they are deemed technical and not for women. Energy projects, are normally captured by male editors and elites; chiefs, headmen and political leaders due to their importance. The private sector is noted as having weak capacity to distribute renewable energy significantly especially in rural areas. More interventions are required to enable them to widen access and use by women.
Mr. Speaker, now therefore, I call upon the Executive to accelerate gender mainstreaming in all energy and related policies and strategies including, renewable energy and climate change. Alignment of energy related laws to the gender imperatives in the Constitution including the
Rural Electrification Act, Energy Regulatory and Environment
Management Act.
Mr. Speaker Sir, the Executive should invest in the training of women and girls in sectors that drive the energy agenda including the utilization of energy technologies such as renewable energy. The Executive must ensure that small off-grids renewable energy options are available for women like solar lanterns, solar irrigation pumps, et cetera.
There should also be innovative financing for women’s enterprises under the Rural Electrification Fund and other funding such as the Women’s
Development fund and the soon to be launched Women’s Micro-Finance Bank. This should include capacity building for women in the relevant technologies. We do not want women to be left behind Mr. Speaker Sir; to close the gender gap in the Energy Sector including ensuring access by women to clean energy for cooking and heat intensive enterprises.
Mr. Speaker Sir, the Private Sector should be incentivised to invest in the distribution of low cost renewable energy production to resource poor people including women and vulnerable groups.
Mr. Speaker Sir, last but not least, 50/50 representation of women in all decision making position at all levels in the energy sector will ensure women are not left behind. Thank you.
*HON. CHINANZVAVANA: Thank you Mr. Speaker for
affording me the opportunity to second the motion raised by Hon. Chirisa who brought the motion that concerns the livelihood of our people and the equality of people in terms of gender provision of equal energy between different genders. When we talk about renewable energy, this is the touch on the economy and the livelihood of society. It concerns women mostly because it is the women that require renewable energy in the various forms, whether as firewood or as light energy. When we talk about renewable energy we should look at the lives of those that are in the middle income groups and the lower income groups as well as the disadvantaged.
When we look at forms of energy we would want people that are in the communal land and in the farms. Wherever people live, even in the communal lands, there are some that are in the farms but they do not have renewable energy because the form of energy that we have which is electricity is scarce and it is also expensive. Everyone has a right to access renewable energy so as to emancipate themselves. Everyone has a right to clean water, everyone has a right to accessible roads as well as good ones. So, if there is no availability of resources, we would see that the people are now being oppressed. We will also look at the plight of those that are marginalised. We urge Government to look into the issues of women so that their livelihood could be improved, specifically those that are in the communal lands in the form of the provision of energy for cooking or lighting. Our forests are now wiped out because of the fire wood. Women have the burden of going to look for firewood so that they can be able to get firewood in order for them to cook and sustain their families.
The forests have now been wiped out, they have to travel for a distance of about 20km and the firewood bundles are quite heavy and they are going to cause health problems. Women were never meant to be scotch-carts that carry firewood. So, on this issue of renewable energy; we could look for biogas and solar, this can be affordable at a low cost. We urge the Minister of Energy to come up with a policy that deals with renewable energy. We have not done anything much about it despite the fact that we have been agitating for renewable energy in this august House. This will help us to ensure that we become even better.
In Mutoko, they started with biogas plants at homesteads. It is very cheap. Cow dung is also being used to give biogas to people so that they can use it for cooking. As a Government, we have not come up with such policies. Only a few people have such plants. We urge the Minister to come up with a national renewable energy policy for the entire country. We should not rely on non-governmental organisations as if we do not have our own Government. We should do it for them. Should be there readily available biogas in the communal lands, forestry destruction will become much less because there will now be firewood to use. It is affordable and the equipment that is being used is easily available. They only use jatropha trees or cow dung. They mix it, come up with a small plant which is able to provide sufficient energy for the family which will not cause climate change due to the deforestation activities because they will be having a choice.
There is also solar energy which can assist us. It is readily available in all communal areas just like the rural electrification project. Rural electrification is expensive. We should come up with cheaper and easier forms of energy such as renewable energy in the communal lands which can be done by each and every communal home without the use of a lot of money.
In Manicaland, there is Manyuchi hydropower which was not completed. There is plenty of water and we urge Government to complete this project so that people can benefit. We have the Gwanda Solar Power, nothing is happening. The executive had come up with such a plant. We urge the Minister to come up with a policy so that we complete Gwanda Solar Power and it can be commissioned in order for it to benefit the majority of our people. The money had already been sourced for Gwanda Solar Power. We are taken aback as to why the project has not taken off when the money was already poured in. Such issues should be looked into and brought into this august House so that we can find out why people are not being assisted. There should be equality between all the people – the majority of men are working in the industries. Women are in the small to medium enterprises. They cannot afford electricity from the Zimbabwe Electricity Supply Authority because it is expensive and not readily available.
Let us give our people a chance to have this renewable energy so that people can work for themselves and we can move as a country and be able to achieve Sustainable Goal No. 7. We urge Cabinet to look into this issue when they come up with new laws. They should have this incorporated in the Government. We expect that in the budget, there will be those issues to do with renewable energy and that these receive funding because it is readily available to all the people in the various parts of the country, our communal homes included. It will assist the majority of the people which I call the larger population which is mainly composed of women. That will then give equality between men and women. I thank you Mr. Speaker Sir.
*HON. MATUKE: I would also want to add my voice to the motion that was raised by Hon. Chirisa that deals with gender equality in the form of renewable energy.
Renewable energy is very important. It makes our women’s lives much easier and makes our development higher. I agree with the previous speaker that renewable energy is cheaper because it comes free from the sun. In Zimbabwe, we have got a lot of sunshine. If we use it and convert it to solar energy, it would help a lot of people. We have women that are involved in gardening in the communal lands. Their backs get injured whilst watering their crops. There are several pumps that can be used using renewable energy. Solar energy can be used to pump water and people will be able to irrigate.
If we look at solar energy, in my constituency we were the first to come up with such a system. We have more than one thousand women who have installed solar panels and as a result, they are now able to watch television. Most of their household chores are done using solar energy. I am talking from experience; the use of solar is practical in my constituency.
The use of gas is also helpful. If our women can have gas stoves, they will not purchase electricity that is sold by the Zimbabwe Supply Authority which is expensive. Ordinary people in the communal lands may not have such funds to be able to purchase electricity. It is also easier for our schools. If women are given such projects, these would also cascade into schools. We have new syllabi which require students to use computers and such other gadgets. It is important for people to access solar energy. Women are now using computers at homesteads. I expect that in the near future, we will have computers and renewable energy at each and every homestead so that Hon. Dokora’s syllabus can be enhanced because it requires the use of energy, especially solar energy.
A five kilometer stretch of electricity may require three million dollars. If we were to plough the three million dollars into solar energy, we can light up over one thousand five hundred homesteads. It is cheaper to use renewable solar energy than to use electricity. The problem that we observe is that the generation of electricity from Kariba and other places is expensive to the Government. The money that we are going to be using for the expansion of the Kariba project or station would assist our people if we come up with renewable energy. It will even make our people’s lives much better.
I urge Government’s policy to look at those vulnerable members of our society in the near future because others can have electricity after fifteen years. They could easily have it now if they use solar. We only require kits to mount them on the houses so that the majority of the people are developed through the provision of solar energy. I urge that renewable energy be given top priority in as much as electricity that is being generated from Kariba so that our people can be able to be assisted in ensuring that our rural constituencies have the renewable solar energy.
With those words, I would want to support the issue of renewable energy especially to the women because they are the ones that gather firewood, drawing water and such other chores. I thank you.
HON. MLISWA: I rise in terms of Standing Order No. 68 (d).
The first time I had said it was 3 o’clock. This time I am saying we have gone and checked and there is absolutely nothing. No wonder why you see Members not taking part. There is so much anxiety in that letter at 3 o‘clock. The letter is not there. The Speaker is on record saying the letter would be ready at 3 o’clock. He had no gun to his head, he said it on his own.
Our welfare is not adequate and we are suffering; our minds are not here. Our minds are busy focusing on the letter, no wonder why you see me going up and down. I am speaking on behalf of all Members of Parliament because some of them are scared that they might be expelled from their parties if they come and speak. So, I am actually standing in to also represent them because this time there is so much purging happening in these parties. The point is that Mr. Speaker said at 3 o’clock the letters would be ready. He is a man of honour and integrity – it is half past now and the letters are not ready. So, we thought something could be done to try and allow the Speaker to get the Clerk to follow up on those letters and so forth.
Our welfare is of paramount importance and it only shows that the Speaker is not worried about our welfare because he left. It is now half past three. Three o’clock, he said the letter would be there telling us exactly how our welfare will be addressed. We appeal to you Mr. Speaker that, are the letters going to come or not?
THE TEMPORARY SPEAKER: Hon. Member, in every
situation there are some delays which are unforeseeable. There could be a technical problem with the machine. Three o’clock - you give allowance to four o’clock then from there you can start talking. We will give an allowance up to four o’clock then we will find out what is happening.
HON. MUDARIKWA: I want to thank the mover of the motion.
Energy lays the basis of development of any country. As a religious person, let me go to Genesis 1 verse 3, “And God said let there be light and there was light”. It is there and it is written in Genesis 1 verse 3 the importance of light. This is where we see the importance of energy and renewable energy, how it lays a foundation for development.
Development of any nation cannot happen without the total participation of women. The women are the vanguard of any development and it is important that renewable energy encompasses the mothers of our country.
Most of the communal lands are off grid and because they are off grid they require solar energy. When we have solar energy, what it means is that we have energy that is available. We can use the solar energy for pumping water for irrigation and it makes life easier for the women of Zimbabwe other than carrying water on their heads or using buckets. It is important that we as Parliament take into account the importance of an energy mix where we have hydro and coal. We must have solar and the solar must cover the communal lands.
We are here as Parliamentarians and what we are discussing most of the time is urban budgets to say this city has no water, we must dig canals for water but we are not looking at the villages where we come from. When we come into Harare, we are colonised by urbanisation. Urbanisation is the biggest enemy of rural development because any person from rural areas like Binga or UMP, when they come here in Harare they want to behave as people from Harare and try to see that all is well yet things are not well. Mothers out there need energy and it is important that in our National Budget we include renewable energy specifically to areas where there is no electricity grid.
When we have renewable energy, mothers can assist their children to do their homework. This is why you see the pass rate in most of the schools in rural areas is very low because there is no participation and evening lessons. It is so difficult to read using other means of energy available in rural areas. It is important that we assist our children with homework using solar energy.
There are a number of churches that you see anywhere in
Zimbabwe and it is important that our people have a capacity to read the Bible and understand it. Read it to their children and understand it so that they will never be tricked by stars who say they represent me. God is everywhere. Some Zimbabweans of higher stature used to go to Nigeria to see a certain priest and yet if you read the Bible, it tells you that God is everywhere. God is in UMP, but I need renewable light to read the scriptures with my family during the evening when we are relaxing. So, it is important that the element in religion in also encompassed by the availability of renewable energy.
Health hazards associated with other types of energy – when you are reading using candle light, most of the time if you fall asleep it will end up burning the whole house. So, renewable energy is ideal for the people in the communal lands. Biogas will assist us in cooking. We are using human and animal manure to cook. It is important that we use biogas…
THE TEMPORARY SPEAKER: Order. Is Hon. Mliswa here? He comes here to make noise and he is not even in the Chamber. May I confirm that the letters are now being distributed into your pigeon holes. I do not mean you have to leave this House with nobody. You go there one by one. You may proceed Hon. Mudarikwa.
HON. MUDARIKWA: The letters are now distributed because I mentioned some scriptures here and it quickened the whole process. Zimbabwe produces tobacco in other areas where we are carrying out experiments to use renewable energy like biogas for curing tobacco. It is important that this energy mix is always made available. The biggest challenge that we are getting is that in other countries they have what you call ‘prosumers’, people who produce electricity during the day and feed into the national grid. In the evening, they also take from national grid. They call these people prosumers, they produce and also consume electricity. The women of Zimbabwe, it is important that they encompass renewable energy with the assistance of our Government.
The issue of depending on donor agency, donor syndrome is irrelevant. We can set aside a small budget and it will move everything. The cost of our electricity, I am in the Energy Committee Mr. Speaker Sir, we use 40% of the electricity that we generate for heating water. If we were using solar energy, that would save a lot of electricity and make that electricity available for other use and for the development of other industries.
Renewable energy and the women of Zimbabwe; it is important that all the small scale industries encompass renewable energy, because yes - you can have initial investment, but you do not have continuous cost where you continue paying electricity every month. Once you set up a solar panel, that is done. We also appeal to our Government that we must have renewable energy duty free for the purposes of development of our communal lands. Mr. Speaker Sir, it is important that the women in Zimbabwe and the women in this august House, when people are discussing matters that relate to other women in Zimbabwe, we must take it seriously, because that is where our development is.
More than 52% of Zimbabwe’s population are women and 80% of this are women in communal lands. They live a life where they struggle to get firewood in the morning and in the evening. How do we move forward as a nation when we are living under those conditions?
Vegetables change the lives of people. If we are using solar power for growing vegetables, there is no point in saying I want a petrol or diesel engine, we just pump water and develop. In other countries, they have developed a system where they say, a certain amount of money, like what happened to REA, they have 6% of what we pay goes to REA. Out of that 6% we must get 50% going to renewable energy and the target must be the women in Zimbabwe in the rural areas. Women in Harare do not need solar panels because they have it. It is our mothers in the communal lands who urgently require solar panels.
Mr. Speaker Sir, if there is a drought, in Zimbabwe we normally have mid-season drought, if we have solar pumps, we can pump water into overhead tanks and have drip irrigation in some of our field and develop as a nation. Hon. Chirisa, I want to thank you for moving this motion but it is also important that Parliament funds a seminar for women parliamentarians and some male parliamentarians like us who support the women of Zimbabwe, so that most of the people understand what renewable energy is and how it benefits people. As the Chief Whip and everybody were contributing, I saw that people did not take it seriously. Maybe they do not understand the importance of renewable energy in as far as rural development is concerned, in as far as the development of the women of Zimbabwe is concerned.
Mr. Speaker Sir, there is need for us to have a seminar where we sit down and say, what do we do at this stage, how do we develop drinking water, how do we develop water for irrigation, how do we develop biogas so that when we go back to our constituencies, we discuss with our people from an informed position. We now understand what should be done to develop our areas. We can go for 200 years, in Zimbabwe after independence, there are some areas that will remain without any light and those areas will remain dark and ...
An Hon. Member having passed between the Chair and the
Member on the floor.
THE TEMPORARY SPEAKER: Order, order Hon. Member. You may continue Hon. Mudarikwa.
HON. MUDARIKWA: Thank you Mr. Speaker. This is what I am saying, even some new Hon. Members, they need some orientation to understand what happens when we are discussing because these are some simple basic things that Hon. Members must adhere to. This is what we have to do in renewable energy. We need to educate Hon. Members so that they understand the importance of certain procedures laid in any organisation.
Mr. Speaker Sir, I want to thank you for allowing me to contribute to this motion. This is a very important motion which Hon. Members must contribute to. Most of the time, Africa has plenty sunshine but we are not taping into it. We are struggling day in day out. We are not taping it, we do not have enough energy, yet Africa should be exporting electricity to Europe during day time because we can produce so many thousands of giga watts, the electricity is available. We have the right temperatures and everything but mainly because of our ignorance, we would want to concentrate and establish a coal powered station. We have the resources, they are there, it is just a matter of time for us to put our minds together as a nation and develop. I want to thank Hon.
Members who were listening and those who were not listening I want to thank you also because you were not making noise when I was speaking.
I thank you.
THE TEMPORARY SPEAKER: As has been alluded to by
Hon. Mudarikwa, that this is a very important motion particularly, to women parliamentarians. Hon. Members, I thought most of you would stand up and contribute to this motion. Instead, what do I get, a lot of noise.
*HON. MPARIWA: Thank you Mr. Speaker. I would like to thank Hon. Chirisa and Hon. Chinanzvavana for having raised this motion and seconded respectively. They have said many things and I was touched a lot. If you look at the forms of renewable energy that we have, the majority of our areas do not have such energy. Anyone whose life becomes difficult ends up in the hands of a woman. I talk of illness, the lack of employment; the mothers end up looking after these people. The more the family members the more the energy that is required for cooking the food and the mother has to look for the firewood. Marriages can break because to the burdens those mothers have.
We have disabled women and children who live in such households where there is inadequate energy to look after the family. It could be for lighting, cooking, refrigeration because some medications require refrigeration. Our country is a signatory to the UN, SADC and other bodies. Despite being signatory to these bodies, we are last in the queue because we have not done much as regards that area.
Recommendations that have been made by Hon. Chirisa and Hon. Chinanzvavana should be adopted by the Executive, not to be just a talk show. We need action. As Hon. Members, we urge the Executive, once we have come up with these important motions; they should put it into practice. We should ensure that we set those who should be able to deliver the motions that we would have set up. We are behind in the form of our industries, people are losing industries because nothing is moving. Most of the people who leave work are women.
The reason why I stood up Hon. Speaker is that we should use you as the Speaker of Parliament and we need you to follow up on such good motions that are being supported across the political divide or by men and women in this House. We have made an endorsement and we want to find out what is happening. We can give our Ministers work by the resolution and adoption of these motions but if they fail to put into practice what we have recommended, our motions should not just be a talk-show, and motions should not be reworded. I urge that we hold the Executive to account for the motions that we are raising.
Hon. Speaker, I am grateful that if there is no adequate form of energy, the food that the mother prepares will not be completely cooked. SADC and Africa looks down upon us as Zimbabweans because we are not standing up to ensure that our things move. I repeat that the recommendations of Hon. Chirisa and Hon. Chinanzvavana be taken to the Executive. The disabled and women should also be able to have a better way of living. Mothers are dying and the children are also dying prematurely if there is no energy to ensure that the child is sustained until it is incubated at 9 months. People are dying because they are being operated on and there is no energy that can be used for gadgets that can sustain their lives.
The other issue is environmental degradation which I do not know what to call in the Shona language. We know that our children are going to grow up and all our trees and other fauna and flora is extinct. We also urge that for us to be able to look after our health and our soils, our trees should not be cut indiscriminately. This can only happen if we have forms of energy that are sustainable. I thank you.
*HON. ZEMURA: Thank you Mr. Speaker Sir. I would want to support and agree with what has been said by Hon. Chirisa, seconded by Hon. Chinanzvavana that we should be using renewable energy. We are taking the issue of solar energy lightly. This is an important motion. We urge the Minister of Energy and Power Development, if he were present that he observe that we support that there be the use of solar energy. Our country is slowly turning into a desert because of deforestation. We now have a lot of gullies because trees are being indiscriminately cut on a daily basis. This motion is very important is very important and I support it.
The water that we are clamoring for per ward, we would not be using a lot of money to look after the boreholes because we will simply put in piped water that uses solar energy in various wards. Our schools are suffering, children are suffering and the result speak to it that children are failing in the communal lands because, unlike their urban counterparts who study using energy. We urge the relevant Ministry to take on board the debate. Solar is very cheap compared to the electricity that we are importing from Cabora Bassa and South Africa whilst we produce our own in Kariba.
I believe that this time around, I will be able to farm on my piece of land. Because of the darkness that will be there, maybe I will spend early nights, when there is solar, we urge each farm to use light. I would like to thank Hon. Chirisa and Hon. Chinanzvavana, they have come up with an idea. There is a councilor in Mashonaland East who came up with the idea of buying solar panels and his entire ward and village heads’ house there are solar panels and lights throughout. That idea should be copied and the solar energy is brighter than Harare’s lights.
We are about to go and plant tobacco and people have sharpened up their axes so that they will be able to have firewood to treat their tobacco. If we had renewable energy, we would use it for treating tobacco. We can have vegetable gardens at home and at schools using water pumped by solar energy. There are feeding schemes that are being conducted by the Ministry of Primary and Secondary Education, they are bringing in sadza but they are not brining vegetables. People are using chunks as relish, if we had solar and water, children would be enjoying green and healthy vegetables as part of their relish.
Solar will preserve our good forests. If this country were to be sold, people would refuse to buy it because there is no green vegetation. We have deserts and stumps, people are even burning the grass, we do not have any grass. This is because we are now playing with fire all over. Let us have energy in the form of solar so that we will be able to preserve our fields, grass, trees and fields. If we do not grow trees and grow a green lawn, no one looks at my home, but if I have those and are irrigated using solar energy, our country will become very beautiful and it will become pleasing eyesight to the visiting tourists. Let us have solar energy throughout all our villages.
I am grateful because I live in the communal lands. There will be darkness and we start seeing things during this rainy season. Solar energy will alleviate such problems; we would even operate refrigerators and stoves in the communal lands. By so doing, we would have improved and sophisticated our way of life. Zimbabwe would become a good place to live in. Solar gadgets are now cheap and we urge the Government to assist us in coming up with programmes where Members of Parliament are given solar panels to install in the communal lands. I hope that by so doing, no one will be interested in leaving the communal lands. We now have congestion, people shun going to the communal lands because there are no refrigerators, they cannot access cold water. We will turn our own homes into hotels in the communal lands. We are happy with the advent of these solar panels that we are coming up with. This shows that we are having developing. There is no development without lights. We want solar energy to be found in the communal lands.
Thank you for raising this motion which uplifts the life of every woman.
I thank you.
HON. HOLDER: On a point of order Mr. Speaker Sir.
THE TEMPORARY SPEAKER: What is your point of order Mr. Holder?
HON. HOLDER: My point of order is on a privilege matter Mr. Speaker Sir. I note that I thanked the Speaker for nothing. We have received this circular but it does not address the issues we are talking about. I find it unfair to be given a letter which does not address our issues which we actually complained about. I do not even know why we are sitting in here. We would rather adjourn and go home until these things are dealt with. Thank you.
THE DEPUTY MINISTER OF TOURISM, HOSPITALITY
INDUSTRY AND ENVIRONMENT (HON. A. NDHLOVU): Mr.
Speaker Sir, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 1st November, 2017.
Hon. Chimanikire having stood up wanting to debate.
THE TEMPORARY SPEAKER: Sorry Hon., the debate has
been adjourned Hon. Member.
HON. CHIMANIKIRE: I have objected, as a matter of privilege
and I wish to debate.
THE TEMPORARY SPEAKER: I did not recognise you Hon.
Member and I did not call your name unless of course if you are going against the Speaker. – [AN HON. MEMBER: Inaudible interjection.]
*HON. CHIMANIKIRE: Can it be put on record that I want to debate and you are...–[AN HON. MEMBER: Inaudible interjection.] No, no, are you the Speaker? If you want to do that, I will make the issue yours. I will continue hauling. Say whatever you want to say.
THE TEMPORARY SPEAEKR: Hon. Member, be organised.
On the motion of THE DEPUTY MINISTER OF TOURISM, HOSPITALITY INDUSTRY AND ENVIRONMENT (HON. A.
NDHLOVU), the House adjourned at One Minute to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 27th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON DEPUTY SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON.DEPUTY SPEAKER
SWEARING IN OF A NEW MEMBER
THE HON. SPEAKER: On 25th October, 2016, Parliament received communication from the Zimbabwe Electoral Commission on the election of an independent member of the National Assembly with effect from 23rd
October, 2016, Hon. Temba Peter Mliswa representing Norton Constituency.
Section 128 (1) of the Constitution of Zimbabwe provides that before a Member of Parliament takes his or her seat in Parliament, the member must take the Oath of a Member of Parliament in the form set out in the Third Schedule. Section 128(2) states that the oath must be taken before the Clerk of Parliament.
I therefore call upon the Clerk of Parliament to administer the oath
NEW MEMBER SWORN
HON. TEMBA PETER MLISWA subscribed to the Oath of Loyalty as required by the Law and took his seat – [HON. MEMBERS: Hear, hear.] –
HON. CHAMISA: Thank you very much Hon. Speaker, Madam Chinomona. I just want to indicate that prior to my assuming of this platform, I had conversed with you that we are going to approach your good office to just find a way of having an amicable resolution of what we feel are fundamental issues of invasion of Parliament. So, on that account Madam Speaker, I am just placing it on record that we will approach your office to be able to deal with these issues. It may be important to appreciate that these are fundamental issues that do not require a partisan approach to it. They require all of us to know that the integrity of Parliament is our collective responsibility. It is not the responsibility of a party but of a people elected by the people of Zimbabwe. So, I just wanted to say that issue is already before you and we hope to take it up with you so that we find a good solution for our country. Thank you.
HON. MPARIWA: I rise on a point of privilege that after my submission you may need to put some instigation in terms of the allegations about what I want to say. Hon. Speaker, you may recall that some of the Members of this House are not here. They are out there doing Public Hearings, specifically the Committee on Justice, Legal and Parliamentary Affairs which is chaired by Hon. Majome. I was called by the women who are in that particular Committee, Hon. MisihairabwiMushonga for example. There have been some violence and disruptions in terms of the sitting of the Committee today when they wanted to convene. There were youths who are ‘alleged to be’ ZANU PF – [HON.
MEMBERS: Haa-a] – ‘alleged to be’. Note the English please– [HON. MEMBERS: Inaudible interjections] – Hon. Speaker, may I be protected?
THE HON. DEPUTY SPEAKER: Order, Hon. Members! Can
we hear what the Hon. Member is saying? Order!
HON. MPARIWA: Thank you Hon. Speaker. I take great
exception to Members who actually want to judge or trivialise things
that are actually going to be found out to be true or not to be true but one of the Members called me crying. Hon. Speaker, it is my submission that as head of Parliament, you need to find out about the safety of the Members who have been delegated by this Parliament and as women as well because that includes women. I want to believe that justice will be carried should it be found out that the happenings are true.
THE HON. DEPUTY SPEAKER: It will be very appropriate to
wait for the official report of the Committee so that if they need security, I think the administration will help us by communicating with the team which is down there. So, we will look into that and get the official report.
HON. CHAPFIKA: You have taken words out of my mouth
Madam Speaker. That is exactly what I wanted to say that, in what capacity is Hon. Mpariwa making that intervention because the Chairperson is Hon. Majome who is not here. Thank you.
THE HON. DEPUTY SPEAKER: I think we will wait for the
official report. There is no problem with our proceedings.
MOTION
RESTORATION OF THE LAND COMMISSION BILL (H.B.2, 2016)
ON THE ORDER PAPER
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA): Thank you Madam
Speaker. I move the motion standing in my name that the Land
Commission Bill [H.B.2, 2016] which was referred to the Parliamentary
Legal Committee and superceded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper at the stage it had reached, in terms of Standing Order Number 161 (1). I thank you.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: Madam Speaker, I move that Order of the Day,
Number 2 be stood over until the rest of the Orders of the Day have been disposed of.
HON. MUKWANGWARIWA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. CROSS: Thank you Madam Speaker. I appreciate the opportunity this afternoon. I welcome the opportunity to debate the
President’s speech to the opening of this Session of Parliament as an opportunity to raise a couple of issues of what I regard as national importance. I want to deal this afternoon with two issues specifically. The first is the issue of corruption in the State and the second is the rule of law.
Madam Speaker, a respectable group of economists have calculated that the total cost of corruption in Zimbabwe since we gained our independence, has been in excess of US$60 billion. That is equivalent to US$4 500 for every living Zimbabwean, man woman and child. It is equivalent to US$1.7 billion a year in corruption. Now, there are many features to this corrupt activity and I will not bother going back historically in any kind of depth, but I do want to emphasise this afternoon that this excludes specifically the cost of Marange.
If we examine the Marange issue, Marange was discovered around the year 2000 and it was abandoned by De Beers who found the discovery in 2006 – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order, order. Just take a seat Hon. Member. Order Hon. Members.
Who is that Hon. Member over there near Hon. Guzah? Who is that? Hon. Members, if you feel you have a very important issue to discuss with your colleague, you just walk outside and go to the lobby and do your discussions there. When you are here, lower your whispering please.
HON. ZINDI: On a point of order, Mr. Speaker Sir. I just want to bring to your attention that I had almost fallen down as a result of this arm rest on this bench. So, I thought I should bring this – [HON.
MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order please! What is wrong with you?
HON. ZINDI: I thought I should bring this to your attention because in the event of an Hon. Member falling and perhaps a serious injury occurring, Parliament can be sued. So, if this can be rectified.
THE TEMPORARY SPEAKER: Thank you Hon. Zindi.
Administration will look into that. There are some repairs going on in Parliament at the moment in this Chamber.
HON. CROSS: I was referring to the issue of Marange. I have investigated Marange extensively, Mr. Speaker Sir, and it was discovered in 2000 and was abandoned by De Beers in 2006. It was then handed over to Small Scale Miners in 2006 by the State and it was taken over by a number of companies in 2008 and they ran Marange for the next six years.
During this time, it is my estimate that US$17 billion worth of raw diamonds were produced at Marange. The average production per annum was US$2.8 billion and I think it is widely recognised that, at this time, Marange was supplying 25% of global raw diamond demand. Mr. Speaker, if you add US$17 billion to the US$60 billion, which is the estimate for corruption since 1980 and you get US$77 billion. That is equivalent to five years of our GDP. Five years of hard work by the country which has been completely consumed up by greedy individuals and companies. Also, it should be noted that this was equivalent to another US$1200 per head. In addition, I estimate that in 2016, the total cost of corruption in Zimbabwe will be equal to US$1.7 billion.
I will be raising this tomorrow in the Budget and Finance Committee meeting which is being held to consider the 2017 Budget, because in my view, at least US$1.4 billion of that loss to corruption could be recovered by this House if it took effective action. This represents a do or die situation for the nation.
We are a nation which is struggling to pay its staff; we are a nation which is struggling to buy medicines for our hospitals; we are a nation which cannot put books on the tables in our schools; we are a nation which cannot finance BEAM and yet there are these very considerable sums of money which are being consumed by corrupt elements in our society in front of us. We know how it is being done, we know who is doing it and we know how much is involved. I am going to ask the Budget and Finance Committee to make a tough stance at the next weeks Budget Seminar in Bulawayo and to demand for example, that we tackle these issues now with vigor, as a country and as a Parliament.
In addition, Mr. Speaker Sir, I want to point out that if we, as Members of Parliament, completed the asset disclosure forms which should be made available to each Member of Parliament…
HON. D. SIBANDA: On a point of order Mr. Speaker Sir. We want the Hon. Member to be heard in silence. There is a lot of noise coming from the right side of the House – [HON. MEMBERS: Inaudible interjections.] – Mr. Speaker, we are here to represent people and to hear whatever is being said in this House.
THE TEMPORARY SPEAKER: Order, I am surprised she is
the Chief Whip of the Opposition, but she was making noise over there. So, please desist from that – [HON. MEMBERS: Inaudible interjections.] – Order, order please! I mean everybody. Let us hear the debate in silence. I am not going to repeat that. If I get anyone, do not blame me, I will send you out.
HON. CROSS: Thank you Mr. Speaker Sir, I just want to point out that if we as Members of this House were to honestly disclose our assets and if ZIMRA conducted lifestyle audits on us, we would in fact discover many Members of this House who possess assets vastly in excess of what they are capable of financing from their own resources.
It is my view that the time is long gone when we should be declaring our assets in this House on a transparent basis. I would appeal to you as Speaker of the House of Assembly to insist in coming weeks that this exercise be undertaken as soon as possible. I think members who are living beyond their means must explain where the new wealth is coming from. They must be able to satisfactorily explain to the House that they have paid their taxes on that wealth. Otherwise, they must be condemned as being guilty of corruption along with all the others.
In addition to this issue on the question of corruption in Zimbabwe, I want to point out to the House that for some years, we have observed that the total customs duties and Taxes collected at our border posts on
US$6bn worth of foreign trade amounts to a paltry US$384m, which is 5% of the trade. More than US$1.5bn worth of motor cars are imported annually. The import duty on those motor cars ranges from 60 – 100%. On motor cars alone the duty should be more than double the total amount collected at our border posts.
THE TEMPORARY SPEAKER: Order! Hon. Member next to
Hon Guzah, please leave the House.
HON. CROSS: We have the spectre of the Commissioner of
Taxes being found to possess a luxury motor vehicle worth more than
US$170 000 which was declared at the border as a second hand Toyota car worth US$5000. Really, when are we going to get to grips with this situation? This is massive corruption on a large scale and the fact that we cannot finance our Government and this House properly is due to the fact that we are not taking action on these issues.
The other issue which concerns me is that the Minister of Finance and Economic Development declared to this House a couple of weeks ago that US$500m worth of duty free certificates were issued to Government agencies. The two principal agencies involved in this trade was the President’s Office and the military. It covers all sorts of things but it includes large amounts of fuel and even bulk consignments of alcohol. I have evidence which I have taken to ZIMRA and given to them that these goods are being sold on commercial markets in Zimbabwe but coming into the country duty free. Mr. Speaker Sir, this kind of thing – duty free of US$500m a year, that is a lot of money. This simply should not be allowed to happen.
We have the problem of the abuse of public funds. I sit on the Public Accounts Committee and there is not one Statutory Fund account that we have examined in the last 4 years which is being operated properly. Every single fund, we find the Permanent Secretary or the Chief Executive Officer has got his fingers in the till. The latest disclosure about ZIMDEF involving Ministers in this House is just a tip of the iceberg. I can add ZINARA – the chief executive officer of
ZINARA was arrested the other day on a US$1.4m scam at ZINARA. He was immediately released by the Vice President, Hon. Mphoko and has not been subsequently charged.
THE TEMPORARY SPEAKER: Order! We need to be very
careful with the facts we are talking here. If you are asked to substantiate that, you need to be very careful.
HON. CROSS: Yes, I can substantiate that. I look at the total value of the statutory funds, last year in the Bluebook they were declared at US$828m. That is a lot of money. It is 20% of the National Budget and none of that money goes through this House. None of that money is subject to budget. None of that money is allocated by this House. None of that money is subject to detailed scrutiny by this House. We have said to the Minister of Finance and Economic Development, it is time that these monies were consolidated into the Consolidated Revenue Fund where they can be properly accounted for because the Government’s accounting principles are working well.
For example, last week we interviewed a Permanent Secretary running a fund worth US$30m in the Ministry of Industry and Commerce. This fund is much bigger than the budget of the Ministry which is US$7m.
*HON. CHINOTIMBA: On a point of order. If I heard Hon. Cross clearly, he is saying Ministers were involved in the ZIMDEF issue. Is it all Ministers? If it is one or two Ministers, he should not blanket to say all Ministers were involved. He should give us real facts. I thank you.
THE TEMPORARY SPEAKER: Order! There is no point of order. You may continue Hon. Member.
HON. CROSS: These funds more than 100 of them are badly administered and managed. In the case of the fund involving the Weights and Measures Act, there were no accounting procedures in place even though this fund has been in existence for some years.
Then there is the mystery to me as to why the fuel prices are so high in Zimbabwe. Fuel prices in Zimbabwe are averaging about $1.16 a litre. International bulk wholesale prices for petrol and diesel are $0.32 a litre. I have examined the fuel situation very closely and I have the details to show to the House, if required. It shows to me that about $0.25 a litre is disappearing from the fuel account. I ask the question to this
House, why do we import 22% of our imports from Singapore. 18% in 2014 and 22% in 2015. Twenty five cents a litre is disappearing and almost all those payments go through Singapore. One company in Zimbabwe is involved in nearly monopoly conditions here. The name of the company is Puma. This company controls the pipeline to Zimbabwe. This requires investigation and involves up to US$400m a year. One cent on the retail price is US$1.2m a month. This is a lot of money.
What I am saying is that I do not believe that adequate attention is being given to this issue of corruption by either the President, his subordinates or this House. I really think that it is time – I hope next week we will have time to debate this in detail and deal with the nittygritties as to how these things are happening and then take action as a House to ensure that these holes are blocked so that the revenues can come to the State; and we can run our country properly on the basis of the resources that we have generated inside Zimbabwe. Thank you Mr. Speaker Sir.
THE TEMPORARY SPEAKER: Order, the owner of a vehicle
ADI 9382, is blocking other vehicles. Can the owner please go and remove the vehicle?
HON. NDUNA: Thank you Mr. Speaker for affording me this opportunity to add my voice on the Presidential speech. Good afternoon Mr. Speaker.
THE TEMPORARY SPEAKER: Good afternoon.
HON. NDUNA: It is an ice-breaker Mr. Speaker. Mr. Speaker,
His Excellency the President of this country and First Secretary of
ZANU PF, Cde. Robert Gabriel Mugabe who is also the Commander-inChief of the Defence Forces of Zimbabwe touched on a lot of issues that are very key and pertinent. We should take these issues to heart, as a nation, as Parliament, as leaders of the people and constituencies that have accorded us this opportunity to come and voice their concerns in this august House. If we attend to those issues without any impediments effectively and vociferously and with a lot of impact, we can do our constituencies a lot of good.
Mr. Speaker Sir, I want to touch very quickly on that which His
Excellency touched on. He touched on the Zimbabwe Agenda for
Sustainable Economic Transformation (ZIM ASSET), which is a torch being a local and national strategic document to the effect that if we are guided by it, we can do our economy a lot of good. With the political emancipation that we have as a nation, we now need to emancipate ourselves economically. That is the reason why the ZIM ASSET was put in place. As I talk of the ZIM ASSET, in particular - page 73 - touches on transport management system which is very effective and which speaks to computerisation of all revenue collection systems in the transport management systems. Also, integration of all systems in transport in order to avert and avoid leakages. Touching on that, I am alive and aware of the agenda and what Minister Chinamasa for his 2017 Budget, what his agenda really speaks to in terms of domestic resource mobilisation and enhanced utilisation of the same.
So, computerisation of the transport management system is going to make sure that we get what we want from our God-given resources that we already have without adding any cent and without taxing any of our citizens any further. So, I say to the hon. members, if we can utilise what we already have without reinventing the wheel and adhere to the national agenda, we can optimally and effectively feed it into the SADC
Industrialisation Strategy of 2015. Also going into the Africa Agenda
2063, at the tail end also - it speaks to value addition and beneficiation. Again, feeding into the universal agenda which speaks to the 17 sustainable development goals and three of those also speak to infrastructure development and effective transport system.
Mr. Speaker Sir, I want to dwell two more minutes on how we can integrate our transport system both to save lives and to enhance revenue collection – utilising the already existing national agenda. If we integrate the driving schools, the VID, Road Motor Transport (RMT), ZIMRA, ZINARA and CVR, what it means is that we can ward off and remove corruption in all those sectors without any impediments. This archaic, moribund and antiquated way of receiving and collecting revenue, we can no longer continue to go that route if we want to enhance domestic resource mobilisation. We have to be dynamic and we have to engage our sectors and departments into ICT. Mr. Speaker Sir, how I wish the Chairperson of the ICT Portfolio Committee was listening. However, he is busy talking to the Chairperson of the other Committee.
THE TEMPORARY SPEAKER: Order Hon. Member, continue
with your debate.
HON. NDUNA: Thank you Mr. Speaker Sir. I will now
concentrate on you. Utilisation of ICT can get us out of the economic doldrums that we currently are embedded in as an economy and as a nation. I am alive and aware that if we integrate all these sectors in the transport system that I spoke about, we can remove corruption at VID. We can make sure that all those that are seeking to have certificates of competency are utilising registered driving schools which, without computerisation, we can never get to know who it is that is registered.
Mr. Speaker Sir, on the issue of public service vehicles, if we integrate our systems, RMT who are the Road Motor Transport custodians or custodians of the operators’ licences, they can produce using computerisation unimpeded. To borrow from the Leader of the Houses’s words; he says, ‘we have no drought of such mechanisms as in terms of computerisation of enhancing efficiency and also, of making sure that we ward off corruption in the sectors such as RMT’.
On the issue of public service vehicles, who is supposed to be operating those public service vehicles is supposed to be 25 years of age, supposed to have defensive driver’s licence and also supposed to have a medical certificate. As a policeman stops that kombi operator or driver at a roadblock, as long as we have not computerised our system; the policeman is just there for a purpose of just stopping without enforcing the law effectively because they have no link with RMT…
THE TEMPORARY SPEAKER: Just take a seat Hon. Member.
ANNOUNCEMENTS BY THE TEMPORARY SPEAKER
NON-ADVERSE REPORT RECEIVED FROM THE
PARLIAMENTARY LEGAL COMMITTEE
THE TEMPORARY SPEAKER: I have received a Non-
Adverse Report from the Parliamentary Legal Committee on the Lands
Commission Bill (HB. 2, 2016)
PRE-BUDGET SEMINAR LOGISTICS
THE TEMPORARY SPEAKER: Hon. Members are kindly
requested to check in their pigeon holes for all the information relating to the logistics on their hotel accommodation in Bulawayo during the Pre-Budget Seminar to be held from 2nd to 6th November, 2016.
HON. NDUNA: Thank you Mr. Speaker Sir. If we have the
Zimbabwe Republic Police (ZRP) linked to Road Motor Transportation (RMT), Vehicle Inspection Department (VID) and the driving schools, it means what we can have on the road is a police officer who will be holding a tablet or an ipad like the one I have here. They can utilise a simple bar code to confirm that the person behind the wheel will be the right person. Due to an antiquated way of dealing with modern day issues, what is currently obtaining is that we are using manual ways of doing business which lead to leakages on revenue collection. It also leads to a lot of illicit outflows and does not promote the coffers of
Treasury and the Ministry of Finance and Economic Development.
However, if we computerise and integrate that system Mr. Speaker Sir, we will not lose lives unnecessarily. I am alive and aware of the fact that the Zimbabwe’s average in terms of road carnage per day is five and higher than the global average of three. As your Committee Chairperson on Transport and Infrastructure Development, my heart bleeds everyday when I read the news where there will be a lot of carnage. Some of it happens because of lack of integration, the wrong people in the right place and driving the wrong vehicles.
Mr. Speaker Sir, if we can also have a system where RMT is linked to Central Vehicle Registration (CVR) and Zimbabwe National Road Administration (ZINARA), it will remove corruption at RMT.
What is currently happening is that at RMT, there is the issuance of operators’ licences for public service vehicles. There are 86 000 public service vehicles registered at CVR after they have gone through RMT. In addition, there are 150 000 public service vehicles registered at ZINARA, which is the ultimate licencing authority. There are 50 000 vehicles registered at RMT, one wonders where the other vehicles have gone.
As people move from the operators’ licence department to CVR, what happens at RMT, because we are manually oriented and one can tear off the receipts and pocket the money. This is the variance Mr. Speaker Sir and we speak of corruption in one of those departments. It means that the only credible information is that from ZINARA who have 150 000 public service vehicles, because they are the ultimate licencing authority. The RMT are responsible for the initial licencing for operators’ licence and as soon as one goes out of their door, they will tear off the receipt book and pocket the money. This can be treated by computerisation and integration of all transport management system issues.
Mr. Speaker Sir, I will move on to agriculture in terms of cotton beneficiation and value addition. His Excellency touched voluminously on cotton and agriculture. I am alive to the fact that there is the issuance of free inputs to the cotton farmers for three seasons. I am also alive to the fact that Government has taken over the Cotton Company (COTTCO) debt of US$68 million.
What a better way of a continued integration in that system in terms of value addition than to resuscitate the textile industry. I speak like this because I come from a constituency which had a company that used to employ more than 4 300 employees in the name of David Whitehead Textiles. Currently that company is under the albatross and the yoke of Judicial Management Mr. Speaker Sir. This is termed final Judicial Management after undergoing three Judicial Management systems. One wonders what the aim of that Judicial Management is.
Whether they have come through the Judicial processes or otherwise – as long as they do not turn the credit which is currently standing at US$20 million into equity, handing over the company to the majority creditors, who are the former employees and owed more than US$15 million, by a company which is worth US$20 million, one would say, there will not be any beneficiation and value addition to the cotton industry which our Government has taken pains to resuscitate.
Mr. Speaker Sir, moving on to mining, I am sure you were waiting for this one. The Bill that is going to come before this House which His Excellency alluded to is overdue. This is because it is in the form of a historic piece of legislation, which was enunciated, tabled and passed in 1951. How many of us Hon. Members in the 8th Parliament were born in 1951 or before that time Mr. Speaker Sir? It can only mean that this piece of legislation is quite antiquated and we should do away with it. What we need to do is to make sure that we remove the software and leave the hardware or framework so that the input we are going to have here will incorporate artisanal miners, the formerly marginalised black majority. The former Mines and Minerals Act was meant for the whites, the former and neo-colonialists of this nation. They have got the rights to the mines that supersede the Land Act Mr. Speaker Sir. What then happens as they will be armed with their pieces of certificates? They can immediately remove the farm owners.
What initially happened in this country was that the Pioneer
Column moved around prospecting for minerals and got farms later on.
So, they have rights to the land that we have given to our people, but the Mines and Minerals Act and the certificates contain powers and a lot of rights over the Agrarian Reform Programme Lease Agreements that we have. So, I say, as it comes to this House, Hon. Members should be alive to the fact that this was never meant for the blacks, it was never meant for the black majority...
THE TEMPORARY SPEAKER: Order, you are left with two
minutes, if you can wind up your debate.
HON. NDUNA: Thank you Mr. Speaker Sir. As I wind up, I want to say, all those mining claims that are being held for speculative purposes should be handed over to the small scale and artisanal miners because it has been proved beyond reasonable doubt that they have upped the game. It has been alluded to by His Excellency that gold deliveries have had an upward trend, from one tonne to three tonnes, from small scale miners, what a better time that we can utilise to empower the nation by empowering our artisanal miners.
Mr. Speaker Sir, in the same vein, we need to empower the women because what men can do women can do better. Do I get an Amen from the women? –[AN HON. MEMBER: Yes.]- Whatever we discuss in this House, whatever empowerment programmes we have got, we should not forget our women. If you read carefully where man is derived from – it is called ‘we men’. We are derived from women. I thank you for the time you have given unto me and I also want to thank you that this debate is not going to go in vain. We are now going to skewer the resources of this nation towards the formally marginalised black majority. I thank you.
HON. NDEBELE: Hon. Speaker, good afternoon. I have just a few points that I would like to refer to during this debate but let me state that I am pleased at the opportunity to debate this motion on the Presidential Speech.
On behalf of the people of Magwegwe, allow me to express our gratitude to His Excellency for taking time to deliver the opening address. May I also thank his good lady for taking time similarly, off her busy schedule to grace the occasion. Unfortunately, Mr. Speaker, we have not had the opportunity to interact with a hard copy of the same speech. Agreeably, some of us or most of us were born before computers and we feel better when we read from a hard copy.
I understand that is the state of things in our economy but I sometimes pity Parliament staff when they have to violently shake cartridge in order to be able to print documents for Members of
Parliament. It is really sad because under your nose Mr. Speaker Sir,
Parliament staff are suffering burn out but on the Speaker’s panel, we hear and see that you travel almost weekly muchienda ku SADC Parliamentary Forum and one wants to ask the rhetoric question kuti ko munotsvagei?
The Library there has no lights. It is dark in the Library there. For you to get a book, the Library Assistant has to use her own cell phone as a torch to assist a Member of Parliament but members on the Speaker’s panel travel all over the world. Murikunotsvagei? Fix the Library first. –
[HON. MEMBERS: Hear, hear.]- I am doubtful if the Leader of the
House is aware that in this building …
THE TEMPORARY SPEAKER: Order, I am calling for order.
HON. HOLDER: I have a point of order Mr. Speaker. My point of order is that the Hon. Member is mixing languages. Can he use one language please?
THE TEMPORARY SPEAKER: I did not recognise you Hon.
Holder.
I was going to say to the Hon. Member debating that he should be factual in his presentation to this Hon. House. I happen to be one of the
Speaker’s panel, so be factual with what you are saying.
HON. NDEBELE: I need to take due notice that some on that panel have not been fortunate enough to travel.
Hon. Speaker, the beauty of the Presidential Speech is that it gives us an insight into what is in the mind of Government but it does not only stop there as it allows us to talk back to Government by way of indicating what ought to seize their minds.
I want to refer to the one million men march so that I am able to quote His Excellency on the advice that he gave to the nation on unity.
Allow me to quote Hon. Speaker; “Let us ensure that unity starts with the family. The family must be united. Families within our villages must work in harmony. They must be united. Our regions must be united. The various tribal groups here must be united and that we must show as we deliver its service that it is working for the people as a whole. Working for a united people that finally and nationally, we are united.”
Hon. Speaker, I notice a wide disconnect between the words of the
President and what obtains on the ground. What is disheartening is that national healing, peace building and rehabilitation which should be cornerstones to nation building have not been given due recognition and deserved attention. I believe that current approaches to nation building are half hearted, selective and not genuine. They are half hearted Hon. Speaker in that even up to now, the specter of Gukurahundi reigns supreme as victims and survivors still fear its recurrence. It is selective in that while Government seems to prescribe national healing, it also promotes forgetting of the pain that thousands still endure without efforts towards closure. I am not going to just open wounds without proffering solutions because we on this side of the House are ready to govern.
Genuine nation building should open up a national dialogue on Gukurahundi and allow the issue to transcend partisan, ethnic, regional and the racial divide. It should also acknowledge Gukurahundi as a non-deniable part of our legacy shared by all Zimbabweans across the ethnic, racial, regional and political divide.
Hon. Speaker, the abuse of Gukurahundi memory, especially threatening its recurrence should be a punishable offence in this country. As Hon. Members have already indicated, we need to raise awareness on Gukurahundi and other violent episodes in the history of our country, pre- and post-independence. We should teach this at schools so that Zimbabweans collectively ban violence as an instrument of politics or for any agenda for that matter. True, the Ndebele speaking people, especially those that were in ZAPU or those that were in ZIPRA suffered the most, if not, irreparable damage, but the memory and legacy is shared by all Zimbabweans and humanity in general.
Apart from merely setting up a legislative agenda, a young man like me, who wants to see a united Zimbabwe is asking the question, why is Government allowing for reburials without acknowledging in the first place that yes, Gukurahundi occurred. I am aware, through reading newspaper articles that to date, Hon. Vice President Mphoko has donated about 18 000 chicks. I know he is also the Minister responsible for the portfolio of National Healing and Reconciliation and I ask my question; are these chicks reparation for the Gukurahundi atrocities. If they are, is this genuine reparation? If we estimate, about 20 000 people were killed …
HON. M. G. NCUBE: My point of order is in regard to what the Hon. Member has said about Vice President Mphoko. I think he has to be reminded that Vice President Mphoko is a victim of Gukurahundi, not a participant. So, there is no way he can therefore participate in the reparations. I think the statement is seriously misplaced on the part of the Vice President. Thank you.
THE TEMPORARY SPEAKER: Hon. Member, you may
proceed but let us be cautious of what we say.
HON. NDEBELE: I was under the impression that he is doing this in his capacity as Minister of National Healing, Peace and Reconciliation.
THE TEMPORARY SPEAKER: Order, just proceed with your
presentation.
HON. NDEBELE: Hon. Speaker, the Constitution is sui generis. We argue that it is in a class of its own. What it demands cannot be derogated from. We should follow it lavishly. We must be, as Members of this House, disciples of the Constitution. We should follow it without questioning. I must not be misunderstood Mr. Speaker, to mean that the Constitution cannot be amended. It can be amended if proper channels are followed. Section 119, enjoins Parliament to protect the Constitution and promote its values.
In that regard, before I go into the merits or demerits of the
President’s speech, let me recognise and put on record that the provisions of our Constitution as they stand currently, do not provide for an Opening Address by His Excellency. I am not being disrespectful. We may amend the Constitution so that we provide for that. Members should remember we are no longer living under the Lancaster House Constitution but a new constitutional dispensation.
I know a ruling has been made against Hon. Chamisa’s input regarding this but if you ask the Leader of the House who is a lawyer himself; if a thing at law is void, it is a nullity. It is not only bad but incurably bad. So, the very ruling that precedence has provided that such an address occurs runs afoul with the Constitution. We cannot be disciples of a wrong precedence. The recurrence of an illegality does not make it in anyway legal Mr. Speaker. Let us take due notice.
The law determining what addresses His Excellency may make to this Parliament is enshrined in Section 140 of the Constitution, but nonetheless Mr. Speaker, the President rightfully noted that the realignment of laws is still work-in progress. In fact, let me quote the
Leader of the House, the Hon. Vice President Mnangagwa. On the 6th
June, 2016, he said “the ones” referring to statutes “that have not been processed are from line ministries where Ministers have not been able to process in time the areas of their concern or mandate”. Mr. Speaker, it is now 40 months which translates to four years and nothing has been done.
For how long will the alignment of laws still be work-in-progress
Mr. Speaker? Are we giving this process the attention it deserves? No, it is the incompetence of some Ministers as stated by the Vice President in the Senate that has held the hands of time instead. Surely, there must be a deadline at which this process should be finished. In his speech, His Excellency unfortunately failed to put an indication on such a deadline.
Surely, this was a gross oversight by His Excellency.
I realise that His Excellency spoke about drought. I am going to dwell on this for a while. I have rhetoric questions that I am asking myself. Is the ratification of international instruments like the Paris Agreement and Nagoya Protocol the best that can be done in order to fight drought to alleviate the problems caused by drought? Are we ratifying as a matter of principle or we are merely interested in the benefit from resources that will flow from such ratification? Hon. Speaker, experience teaches us that such resources will be abused by certain Ministers. I am not interested in going into names.
Sometimes when you read the newspaper you can sometimes be forgiven for thinking that this country is run by a loot committee –
[HON. MEMBERS: Inaudible interjections.] – …
THE TEMPORARY SPEAKER: Order, Hon. Members. Allow
him to finish his debate.
HON. NDEBELE: This country seems to be administered like a tuck-shop. Our hardworking vendors can do better than what obtains here. I do not know why Ministers are not copying from our hardworking vendors out there. It also baffles the mind Hon. Speaker, when you get up one morning to read in the newspaper that a whole Minister of Finance has borrowed money from the Treasury. It is not a loan disbursing institution. Are you as Parliament able to borrow me money because of all the people here, I am broke.
If you interrogate ZESA, those who provide water, those with outstanding phone bills that have not been paid for more than 10, 15 or 20 years, you will discover it is Ministers. I agree with Hon. Chamisa when he argues that this country has very dangerous Ministers. Look at the Presidential Scholarship. Currently, it is benefiting children of Ministers, people who are able in their own right to send their children outside the country at the expense of very poor children.
I also want to attempt the question - what has this Government done in Magwegwe to alleviate the effects of drought? Hon. Speaker, I want to reiterate in this House that the Government of Zimbabwe belongs to all the people. Why has the ruling party abandoned the human rights posture? What has happened to the concept of isotsha elipetu mtwana? Why is the ruling party in the forefront of partisan distribution of food? What is happening?
[Time Limit]
HON P. D. SIBANDA: On a point of order, Mr. Speaker Sir. I apply that time allocated to the Hon. Member be extended by at least five minutes.
HON. MUPFUMI: I object.
THE TEMPORARY SPEAKER: There is an objection.
HON. MATUKE: I move that the debate do now adjourn.
HON. MUKWANGWARIWA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 15th November, 2016.
On the motion of HON. MATUKE, seconded by HON.
MUKWANGWARIWA, the House adjourned at Twenty One Minutes
to Four o’clock p.m. until Tuesday, 15th November, 2016.
PARLIAMENT OF ZIMBABWE
Wednesday, 26th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON DEPUTY SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY SPEAKER
INVITATION TO THE COMMEMORATION OF THE
INTERNATIONAL DAY OF THE GIRL CHILD
THE HON. DEPUTY SPEAKER: I have to inform the House
that Hon. Members are invited to attend the commemoration of the
International Day of the Girl Child and national launch of the He For She campaign to be held at the National Sports Centre tomorrow starting at 0830 hours.
DRILLING OF BOREHOLES UNDER AN EMERGENCY
DROUGHT RELIEF FUND
THE HON. DEPUTY SPEAKER: I also have to remind the
House that Hon. Members are requested to provide a list of borehole sites; one borehole site per ward to be drilled under an emergency drought relief fund availed by Government by 27th October, 2016. The roll out of the programme is scheduled to take place on Friday, 28th October, 2016 starting at 1000 hours at the National Parks Headquarters along Borrowdale road.
2016 PRE-BUDGET SEMINAR
THE HON. DEPUTY SPEAKER: I have to inform the House
that the annual pre-budget seminar will be held at the Zimbabwe
International Trade Fair (ZITF) Grounds from 2nd -6th November 2016.
Departure from Harare will be on 2nd November, returning on 6th November 2016. The flight from Harare on 2nd November, 2016 will depart at 1830 hours arriving in Bulawayo at 1915 hours. On 6th November, 2016, the flight will leave Bulawayo at 0815 hours arriving in Harare at 0900 hours.
Hon. Members are reminded that only members from the following provinces will travel by air; Harare, Mashonaland East, Mashonaland West, Mashonaland Central and Manicaland.
HON. HOLDER: On a point of order Madam Speaker. My point
of order is on Standing Rules and Orders Section 76 which says that
“every member must appear in attire befitting the dignity of the House”. May you please examine how one of the Hon. Members is dressed in this House.
THE HON DEPUTY SPEAKER: Which Hon. Member are you
referring to?
HON. HOLDER: Hon. Machingauta.
THE HON. DEPUTY SPEAKER: Who is Machingauta?
*HON. HOLDER: Akapfeka marishe uyo.
THE HON. DEPUTY SPEAKER: Hon. Machingauta, can you please stand up –[HON. MEMBERS: Inaudible interjections]- Order, order Hon. Members! Order! Hon. Members, you expect the Chair to give a ruling but you are making a lot of noise. What do you want me to do? Anyway, Hon. Machingauta, can you please go out and dress properly –[HON. MEMBERS: Haaaaaaaaa!]-
HON. MACHINGAUTA: On a point of order –[HON.
MEMBERS: Inaudible interjections]-
THE HON. DEPUTY SPEAKER: Hon. Machingauta, would
you please go out.
HON. MACHINGAUTA: On a point of order –[AN HON.
MEMBER: What is the problem?]-
HON. MACHINGAUTA: Thank you Madam Speaker. My point
of order is in line with the supreme law of the land, which is the
Constitution of Zimbabwe, Amendment Number 20 of 2013 Act. Section 139 (3) which I have quoted, the reason why I am quoting it is because last week in Parliament there appeared a Member in a safari suit of several colours – [HON. MEMBERS: Inaudible interjections]…
THE HON. DEPUTY SPEAKER: Order, order! Hon. Members,
order. I was in the Chair. I am the same person who was talking about that person. A safari suit is quite different from what you are putting on – [HON. MACHINGAUTA: Handisati ndapedza. Ngavandipe mukana ndipedzise.] - Hon. Machingauta, would you please leave the House, go and put on something. You cannot present wearing that – [HON. MACHINGAUTA: But why? Mabasis acho ndeapi kuti moti ini ndibude but vanouya vakawanda vakapfeka macolour akawanda and it happened in this House mukavabvumidza kuti vagare. Iyemi pachenyu makapfeka red and black zvandakangopfekawo ini but moti ini ndibude. Why? Which basis are you using to remove me out of this House? Which basis are you using? And there is no Zimbabwean bird, it is just a jacket. Akaramba ndiani? Which Constitution? MuStanding Rules and Orders hamuna izvozvo. Constitution haina nyaya dzakadaro. Saka zviri kubva kupi nyaya dzakaita saidzodzo? Hamuna izvozvo saka vanofunga kuti tinenge tisingazvizive. Iwe taura kuti unoda kundibuditsa nenyaya yakati. Saka usingataure nyaya yacho ndeyei.] – [AN. HON. MEMBER: Holder enda unogara uko tonosangana kuZvishavane ndiri kuuyako] – [HON. MEMBERS: Inaudible interjections] – Order, Hon. Machingauta please – [HON. MEMBERS: No!] –
THE HON. DEPUTY SPEAKER having asked the Sergeant-atArms to escort Hon. Machingauta out of the House, Hon. Machingauta refused to leave the Chamber upon which the Sergeant-at-Arms sought assistance to escort Hon. Machingauta from the Zimbabwe Republic Police; all MDC-T Members rose in their places barricading the police.
After a struggle with the MDC-T Members, the ZRP bundled Hon.
Machingauta out of the Chamber.
THE HON. DEPUTY SPEAKER: Order! Can we have order
please? Order in the House. Order! If you do not want to have order, you can as well go out – [HON. MEMBERS: Inaudible interjections.] –
Order, order! Can we have order please? Order, order! Hon. Members, can we have order in the House. Hon. Chamisa, I am talking to Hon.
Members to have order in the House. Can you please take your seat?
According to Standing Order Number 110…
HON. MARIDADI: Tirikumboda kutaurawo mhani. Standing
Order yekuita sei? - [HON. MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order! Can we have order please? According to Standing Order Number 110 any member who disregards the authority of the Chair or persistently and willfully disrupts the business of the House commits an offence for which he or she may be suspended from the service of the House - [HON. MEMBERS:
Inaudible interjections.] –
HON. CHAMISA: On a point of order Madam Speaker. I wish to state and place on record, Hon. Madam Speaker, that we are very clear in terms of the rules and statutes that govern this Parliament and I am very cognisant and alive to the order or Standing Rule that you have quoted and cited which is Standing Order No. 110 in terms of temporary suspension from the House. What is very clear is that the rules of Parliament, as perfectly understood, do not give any authority to the invasion of a police force or details into the Chamber –[HON.
MEMBERS: Inaudible interjections]- You are aware that I was part of those who drafted the Standing Rules and Orders and you are aware that we have had extensive discussions on the laws that govern this
Parliament.
If you have regard to the Constitution, Madam Speaker, it is very clear. We have the separation of powers – the Executive, the Legislature and the Judiciary. Now, within the precincts of Parliament we have authorities and authority within this Parliament and within the precincts of Parliament, police officers cannot come in to interfere with Members of Parliament.
I challenged you Madam Speaker, to say show us in terms of the rules where police officers can be summoned into the Chamber. There is no law to support that. I asked legal gurus and pundits to say where is this in terms of the law. It is not part of the law. Our biggest problem is that some of the police officers who came in here, in full view of the public actually harassed some female Members of Parliament – [AN HON. MEMBER: Ndabatwa mazamu]- Sexual harassment by our own officers –[HON. ZWIZWAI: Zvaiita Trump zviya zviya]- Sexual harassment is a very serious offence in terms of the laws of the country.
I know it is very easy when you are not a victim of certain misapplication of laws. You will not appreciate it.
We want to understand and underscore that what we have seen in terms of Section 148, we are supposed to have Members of Parliament being respected for what they do, what they say, who they are and part of the dress code is a speech which cannot be cured by issues of bringing in the police. Madam Speaker, until we have had an explanation from your Chair or Government why police officers have been brought into this Chamber, we are unlikely to cooperate with your Chair for now – [HON. MEMBERS: Inaudible interjections.]- because we have laws and rules that govern this Parliament. We need an explanation on why police officers have been brought in here violently to abuse and use police brutality mechanisms against Members of Parliament when we know that we have criminals who are out there including Ministers who are supposed to be arrested. We want to understand –[HON. MEMBERS: Inaudible interjections.]-May you furnish us with an explanation why it has happened? –[HON. MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Hon. Chamisa, how do you
expect the Chair to explain?
HON. CHAMISA: Madam Speaker, we do not want the tyranny
of the office. We do not want the abuse of your office. We do not want you to be abused by certain partisan and foreign interests. We want you to understand that there are rules. Dress code in terms of our own national colours of the flag is not unlawful, is not illegal and we will not accept a situation whereby you come here to make a ruling that oust the Constitution, that oust the rule of law, that oust our legality. We cannot have that. May you address us on why police officers entered and in terms of which rule of our laws?
THE HON. DEPUTY SPEAKER: I asked Hon. Chamisa to
control the Hon. Members so that I am able to explain what happened and you were here. I cannot explain now because once I start explaining the whole bench starts shouting. So, how are you going to understand what I am saying?
I told Hon. Machingauta to go out and dress properly but all
Members of Parliament on my left were against that and encouraged him not to obey the Chair. This is why I asked the Serjeant-at-Arms to help
Hon. Machingauta go out. This is how it came about that the Serjeant-atArms could not move Hon. Machingauta out of the House. This is how he sought help from the police to come in –[HON. MEMBERS:
Inaudible interjections]-
HON. MUKWANGWARIWA: Thank you Madam Speaker. I am
quoting Section 108 on disorderly conduct in the Chamber. Hon. P. D.
Sibanda and Hon. Gabbuza had to beat a police officer in the Chamber –
[HON. MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Order Hon. Members.
Before she comes in, there is a point of order from Hon.
Mukwangwariwa. Hon. Mukwangwariwa, there was TV here and we are going to study what was coming out when you said Hon. Prince Sibanda and Hon. Gabbuza were … -[HON. MEMBERS: Inaudible interjections.]- We are going to study what was coming out. There is no problem.
*HON. MATSUNGA: Thank you Madam Speaker for affording
me the opportunity to speak. I was felled to the ground and my breasts were fondled. My phone was destroyed and I am saying the truth.
[Hon. Matsunga wept]
THE HON. DEPUTY SPEAKER: Order, order. Can we have
order please? I want to give a ruling on what she has said. [HON. MEMBERS: Inaudible interjections.]- How can you talk? I want to give a ruling on what she has said.
Order, Hon. Matsunga alleges that her breasts were fondled by the police. [HON. MEMBERS: Inaudible interjections.]- Hon. Members on my right, please you have to listen for the sake of the Hansard because once you make noise, you will not hear anything about my ruling. The same applies to the previous Hon. Member who spoke. The police office officers came in here and the television cameraperson was here and we are going to study all those allegations that you are making.
There is no problem.
*HON. MAHOKA: I stand to support the point of order raised by
Hon. Mukwangwariwa that the police officers were being fondled by Hon. Members. They also assaulted the police officers. They fondled the female police officers’ breasts. I have recorded it and I have it here on this phone. We have recorded all that.
The Zimbabwe Republic Police officers have been assaulted by the MDC Members of Parliament. The lawmakers were assaulting police officers and fondling women police officers’ breasts – that is unheard of and it is dishonourable.
*THE HON. DEPUTY SPEAKER: Hon. Mahoka, that one is a
private camera. We are going to use official cameras from the television that are allowed into this Chamber. Will you please take your seat?
Hon. Chamisa, you were saying, how come the police came into
Parliament. Yes, according to Privileges, Immunities and Powers of
Parliament Section 25 – arrests without warrant. ‘Any person who creates or joins in any disturbances in or within the vicinity of
Parliament, whilst Parliament is actually sitting may be arrested without warrant on the verbal order of the Speaker and kept in the [HON.
MEMBERS: Inaudible interjections.]-
Order, order. Hon. Chamisa, I want to complete. I have been listening when you were talking. With the order of the Speaker and kept in the custody of an officer of Parliament or a police officer until a warrant is issued for his detention in prison.’
I did not call in the policemen to arrest but to help the Sergeant-at-
Arms to remove the person only - just that. [HON. MEMBERS:
Inaudible interjections.]-
HON. CHAMISA: Madam Speaker, I wish to just say, all the laws that you are reading, there is a difference between any other person and a Member of Parliament. Any other person is a person who may come in here but not a Member of Parliament – [AN HON. MEMBER:
In terms of what law?] – Yes, in terms of that law, it is not even a
Member of Parliament, you can read it. Madam Speaker – [HON. MEMBERS: Inaudible interjections.] – Hon. Speaker, we want to utilise this opportunity to ask questions from our Ministers so that they respond to legitimate concerns affecting Zimbabwe. However, we also have to address some fundamental issues. The fundamental issue is that our
Constitution is the supreme law of the land. I may wish to read for you
– [HON. MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: You cannot continue reading
that Constitution, all these Members of Parliament have that Constitution.
HON. CHAMISA: I am making a recommendation; I will not
refer to the Constitution. I would have referred to the sections that are very clear because there is a wrong interpretation being given by Mr. Chokuda, he is giving wrong advice. It is a wrong interpretation and we need to correct you Madam Speaker because it is misleading your Chair. There is a supreme law of the land, it is not going to be ousted by that subsidiary Act, which is not even referring to Members of Parliament, but that is not an argument.
Why can we not have an inquiry into how the police entered this
Chamber because it is not allowed at law to have police officers come into Parliament in terms of Section 148, you cannot have an arresting of a Member of Parliament. We must have people being charged, those who did it, even if it means that we are going to have the Sergeant-AtArms explaining why we ended up having police officers in the Chamber. That will be fair, otherwise it will be difficult for us to understand why we should continue having – the next time it is going to be the army, and then the United Nations. Why should we have the army, the United Nations or even Border Gezi? Why should we have riot in Parliament - that is my question?
THE HON. DEPUTY SPEAKER: Hon. Member, while we are
looking into that, can we have another point of order coming.
HON. P. SIBANDA: I have decided to ask for clarification from the Chair. This is coming from a point of order raised, the complaint that I assaulted a police officer. Two Members of Parliament have been identified from this side of the Chair. It is Hon. Gabbuza and I. I was seated there, I will ask Hon. Dr. Mashakada to stand where I was standing and where Hon. Gabbuza was standing – [summoning Hon.
Gabbuza to stand up] –
THE HON. DEPUTY SPEAKER: Order Hon. Member. You
cannot make another Hon. Member to stand up, just explain yourself.
HON. P. SIBANDA: Madam Speaker, I was trying to show the distance between where I was standing and where Hon. Gabbuza was standing and the number of other Hon. Members who are on this side and the coincidence that Hon. Gabbuza comes from Binga, he is of the Tonga tribe, so am I. We are the only two Members of the Tonga tribe on this side of the bench. The coincidence that amongst all other Members of Parliament, the Hon. Member of Parliament of the Zezuru tribe was only able to spot two Members of the Tonga tribe, in my view is tribalism and discrimination on tribal and ethnic grounds. I want your clarification Madam Speaker on whether Parliament is treating people on ethnic basis.
Secondly Madam Speaker, when you ruled about the dress code, I want to be educated, in my wardrobe I also have clothes of different colours. May I get the basis upon which certain clothes like the jacket that Hon. Machingauta was putting on, is not allowed in Parliament? Finally Hon. Speaker, I want your clarification on whether, at a time when we are busy campaigning for the position of Secretary General of the United Nations World Tourism Organisation, this kind of violence in the august House will do well to the campaign that the nation is doing.
THE HON. DEPUTY SPEAKER: Hon. Sibanda, there is no need for you to worry about what was said by Hon. Mukwangwariwa because I ruled on that. We are going to check the video from the
Television crew – [HON. MEMBERS: Inaudible interjections] –
HON. P. SIBANDA: Madam Speaker, you might not understand my basis. As a Tonga, I believe that we have been marginalised for a long time and now if I can walk into this House as an equal Member of Parliament, I am again suffering marginalisation from a fellow Member of Parliament. I want a ruling Madam Speaker.
THE HON. DEPUTY SPEAKER: I cannot give you a ruling on marginalisation. The question says, he saw Hon. Prince Sibanda– [HON. MEMBERS: Inaudible interjections.] – without even saying where he comes from because members are treated the same despite where they come from but he saw Hon. Prince Mkwangwariwa and not Prince Sibanda.
HON. P.D. SIBANDA spoke in Tonga
*THE HON. DEPUTY SPEAKER: That is why I said we are
going to wait and see what is going to be screened on the national television. You are not supposed to do that Hon. Member; we have others who are up.
HON. MUKUPE: My point of order, first I will refer you to
Standing Order Number 110 subsection (1) which states that “any member who disregards the authority of the Chair or persistently and willfully disrupts the business of the House commits an offence for which he or she may be suspended from the service of the House”.
I will also refer you to Standing Order Number 112 which states that “any member who willfully disobeys any lawful order of the House and any member who willfully or vexatiously interrupts the orderly conduct of business in the House shall be guilty of contempt”. It is pretty clear that the members on your left and in particular, in reference
to…
THE HON. DEPUTY SPEAKER: Thank you Hon. Member, I hear you…
HON. MUKUPE: The point I am just bringing out is that clearly, the members on your left are being vexatious and they are willfully interrupting the orderly conduct of the House and the rules are pretty clear. If Hon. Sibanda is going to continue disrupting the orderly conduct of the House, you have to kick him out of the House and we continue with the business of the House and not waste tax payers’
monies.
THE HON. DEPUTY SPEAKER: Can we please continue with today’s business-[HON. MEMBERS: Inaudible interjections]-
*HON. ZWIZWAI: On a point of order Madam Speaker. We do not encourage Hon. Members to use their privileges in this House to abuse other members. You have placed it on record that there are Hon.
Members who should be investigated on the basis of a word by a single member on your right.
We have lawyers like the Hon.Vice President in this House. We also have Hon. Chamisa and many others. The incident that unfolded in Parliament did not happen to or on a minor. It has happened to a person who is above the age of majority and also a police officer. There must be a complainant in every case. You cannot make a ruling that there will be an investigation when there is no report from the police that there is a complaint. If there is a complaint, he is going to be called as a witness and then the cameras will then show that this is the evidence. You cannot give a ruling for the purposes of the record that some police officers were assaulted just for argument sake. If we fail to find a police officer who says he was assaulted, what are you going to do about it?
On the other hand, we want to put it on record that each and every Parliament – when the Hon Vice President Mnangagwa was Speaker,
CCTV cameras were installed here. We should use institutionalised
CCTVs and not hire television cameras from BBC, CNN, Studio 7 for Mahoka, ZBC or Aljazera to meddle in Parliament’s business. We do not trust such cameras; they are not owned by Parliament. We cannot use those. We do not own such property and there is no basis for us to use foreign property.
Therefore Madam Speaker, I would want you to leave this issue for a while and deal with it when you get the complaint from the police officer. Furthermore, we would like you to inform us which cameras you are going to be using because we cannot use foreign cameras from CNN to deal with our issues here.
*THE HON. DEPUTY SPEAKER: The Chair did not say that
we are going to investigate. I said we are going to review and ascertain to see if there was a police officer –[HON. MEMBERS: Inaudible interjections.]- Hon. Members, I think we have heard enough on this issue –[HON. MEMBERS: Inaudible interjections.]-
+HON. L. SIBANDA: Madam Speaker, the police officer who came through this other side, when he was approaching Hon.
Machingauta inserted his hand in my skirt and touched my private parts.
As I am speaking, the young police officer pulled my bimba and my leg. Is that the right of an officer to do that - that a police officer should touch my private parts? I have evidence and if you want, I will come to you Madam Speaker and show you my torn pants, torn by a police officer. Madam Speaker, my pants are torn. What do you say to that?
*THE HON. DEPUTY SPEAKER: If there is any police officer who put his hand in your pants, you should go ahead and make a report against the officer.
Hon. L. Sibanda approached the Chair and showed her the torn pant –[HON. MEMBERS: Hear, hear.]-
HON. MANDIPAKA: Madam Speaker, I want to thank you very much. I want to speak on behalf of the voiceless majority of our people who are out there. What we are doing is not sincere with the tax payers’ money. MDC is deliberately disrupting Parliament business and this has to be recorded that they do not stand in for the people but to cause chaos and this is not good for the country.
*HON. MPARIWA: Thank you Madam Speaker for giving me
this opportunity. First and foremost, we are all ladies. The evidence being produced by women, we are now apprehensive. Are we still safe as women? That is food for thought. I rise Madam Speaker – [HON.
MEMBERS: Inaudible interjections] - …
THE HON. DEPUTY SPEAKER: Order, please let us hear her
out.
*HON. MPARIWA: I am surprised that women are now performing. I would want to bring it on record that Hon. Machingauta represents Budiriro as a Member of Parliament. What led to the current issue is that we do not know where exactly he is. We are aware that he has been taken to Harare Central Police Station. On our side, we are disturbed – [HON. MEMBERS: Inaudible interjections] - …
THE HON. DEPUTY SPEAKER: Can we have order please?
Order!
HON. MPARIWA: Thank you Madam Speaker – [HON.
MEMBERS: Inaudible interjections] - …
THE HON. DEPUTY SPEAKER: Order, Hon. Mpariwa is
talking.
*HON. MPARIWA: Thank you once again Madam Speaker. I am saying that because he is a Member of Parliament who represents a constituency in this House; as members of the Opposition and the leaders of that Opposition, we are going to find out his whereabouts and what the truth of the matter is. I thank you.
All MDC-T Members left the Chamber singing ZANU yaora Baba.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. MANGAMI: My question is directed to the Minister of Home Affairs. Minister, what is Government policy regarding the acquisition of a death certificate when one is deceased without an identity document? What is the policy regarding the acquisition of such a document?
THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MGUNI): Thank you Madam Chair. The death certificate, when it is issued, must have an identity document (I.D) number. Therefore, a deceased person cannot be buried without an I.D number according to our policy. We encourage the relatives when a person has passed away without an I.D to come forward and we will help them. We have got that facility that will quicken the issuance of an I.D so that they can go and bury that deceased person which enables us to put an I.D number on the death certificate. I thank you.
+HON. NDUNA: Thank you Minister but there are some who do not have birth certificates and I.Ds, particularly in my constituency. Some are referred to as aliens and others do not even have I.Ds because they do not have birth certificates. What steps or measures are you taking so that these people can obtain national identity documents before they die?
+HON. MGUNI: I thank Hon. Nduna for the question. We have a programme that we call mobile registration where we are recruiting people from within the communities or districts to help our teams so that they have enough numbers to go to secondary schools to issue birth certificates. However, we would like proper evidence so that we can only give these birth certificates to Zimbabweans. I thank you.
HON. M. KHUMALO: I want to find out because the
Constitution says it is constitutional for people to have citizenship in the form of passports and identity cards (I.Ds). What is the policy of the Ministry in terms of making sure that people all over the country get passports and I.Ds closer to them? I say so because in one of the provinces in Matebeleland North, people still have to go to Bulawayo to acquire passports. The people in Binga and Hwange face difficulties in getting passports. What is your Ministry’s policy on decentralising the passport offices from Bulawayo, particularly to Matebeleland North as a province? Thank you.
THE HON. DEPUTY SPEAKER: Anyway, your question was
not originating from the first one but Hon. Minister; you can give him an answer.
THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MGUNI): Thank you Madam Speaker. You are right in saying the question does not originate from the first question. However, Home Affairs has built provincial offices in Lupane in Matebeleland North. We have furnished them and have been connecting water. It is now connected. We are waiting for an official day to invite our guest to go and cut the ribbon for their province to have a best set-up. It is the modern type of set-up that Home Affairs can have. They will give passports from that office. I am aware that in maGumbo’s Constituency again, in Matebeleland North we are going to open a sub-office where we can issue birth certificates and I.Ds. I think it will cover your concern Hon. Khumalo.
THE HON. DEPUTY SPEAKER: Hon. Minister, can it not start working without cutting the ribbon – [Laughter] –
HON. MGUNI: No, that is a decorative way of encouraging him.
*HON. MUPFUMI: Madam Speaker, my question was going to be directed to the Minister of Environment, Water and Climate. May I ask the Leader of the House, Hon. Vice President Mnangagwa. What is the Government policy as regards the issue of water?
*HON. MAHIYA: Thank you Madam Speaker. My question is
directed to the Deputy Minister of Health and Child Care. Is it Government policy that if a worker who was in charge of family planning, once they pass on, are transferred, have resigned, have a change in title or they have moved to another place, there should be no replacement for that specific worker. I thank you.
*THE DEPUTY MINISTER OF HEALTH AND CHILD
CARE (HON. DR. MUSIIWA): Thank you Madam Speaker. I do not
know if I will be able to answer the question. Can she be specific about the identification of the worker?
*HON. MAHIYA: The Government workers, the Community
Based Distributors (CBDs) who are responsible for family planning, is it Government policy that once they are deceased, transferred or resigned, there should not be a replacement?
*HON. DR. MUSIIWA: Thank you. I have understood the question. It is not Government policy that if a worker has left a position vacant he or she should not be replaced. The Community Based Distributor (CBD) is not a worker of Government. They are a worker that is paid by donors that are found in such an area. If funding is there, we will replace that person. If we no longer have the funding, there is nothing we can do about it. I thank you.
+HON. MURIRO: Thank you Madam Speaker. My question is directed to the Vice President, Hon. Mnangagwa. What is Government policy on protecting the rights of people like police officers? We have seen that where there are demonstrations we find police officers being beaten up by people. Today, we actually witnessed a situation here in
Parliament where some Members of Parliament assaulted police officers. What is Government policy on protecting the rights of the police? I thank you.
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, I am not so sure I understood the
question, but if it is whether the public is allowed to abuse or to assault a police officer in uniform, that is not allowed. It does not matter what status a citizen has, you cannot abuse or assault a policeman in uniform.
That is an offence.
You have mentioned the issue of assault or abuse that has happened here. I think the Speaker has made a ruling that they will look at the official record of what was happening and those who will be found wanting, I believe in terms of the rules of Parliament, we will then have a Select Committee to deal with such issues and then recommend to the House as to the course of action that may be taken. The rules are there and the procedures to follow are very articulate and they are also well known. So, in terms of procedure and law, we have no drought in that area. Thank you.
HON. BEREMAURO: My question is directed to the Minister of
Primary and Secondary Education. Hon. Minister, can you update this
House on how far your Ministry has gone in ensuring that the
Constitution of Zimbabwe is taught in schools as enshrined in the
Constitution, Chapter 1 Section 7(b). Thank you
THE DEPUTY MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. PROF. MAVIMA): Thank you
Hon. Speaker, the House would recall that the Minister of Primary and Secondary Education has undertaken a curriculum review. We completed that process. We have now completed the development of syllabi and are launching this new curriculum, come January 2017 starting with the ECD grades, Grade 1, Grade 3, Form 1, Form 3 and Form 5.
Embedded in all the learning areas of primary, secondary and high school is what we call Heritage Studies and within that, we are going to teach elements of the Constitution starting right from ECD level, but with different levels of articulation of the Constitution, scaling up until we get to high school where there is going to be more detailed learning of the Constitution. So, that is being done and we are launching in 2017.
Thank you Hon. Speaker.
HON. NDUNA: Thank you Hon. Minister for that articulate response. My follow up is that, during or in that tutorage, are you also involving the issue of tutoring children - school level up to tertiary in terms of upholding the national anthem?
You would find when the national anthem is played; adults and school children, some of them are standing chewing bubble gum; some of them out of all sorts, as though they do not know the words of the national anthem. Some of them are either holding on to their chests, some standing at akimbo, others standing like a tea cup and such like. Does this include tutoring in terms of the national anthem, the upholding of it, standing at attention and the words that are engrained and embedded in the national anthem?
HON. PROF. MAVIMA: Thank you Hon. Speaker. Yes, we have a programme to teach our learners not only about our national anthem. You will also recall that the Ministry has even gone beyond just teaching about the national anthem to crafting a National Schools Pledge which gets our learners to commit and to salute the national flag and to state their commitment to other values, which that pledge is part of the national heritage studies.
In addition to that, we are going to teach our learners about different national symbols including the Constitution, the national anthem, the right way to sing the national anthem and I would like the House to know that for most State functions, it is the learners who lead the public in singing the national anthem. So, we have actually also been teaching the public on how to sing the national anthem. I take note of what you are saying so that we teach learners the best way to do it and in the process also teach the public on the best way to sing our national anthem. It is part of our heritage studies.
*HON. GAVA: My question is directed to the Deputy Minister of Mines and Mining Development. What does the law say about special grants because we see that there are certain farmers who will have paid for special grants for the entire farm but the Minister of Lands and Rural Resettlement also comes and say they want payment for that farm when it has already been paid for to the Ministry of Mines and Mining
Development.
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. F. MOYO): Special grants and special
exploration orders are given large companies that would want to do mineral exploration but they do the exploration using aircrafts and helicopters. Such type of explorations require that they have large tracts of land so that the airplanes can manoeuver properly. Special grants are also given in terms of energy minerals where the President has to grant the authority. So, if an EPO and a special grant covers a large tract of the farm, the farm owner is not barred from farming but should get permission if he wants to go into mining hence there is need for them to pay for special fees which are different from an ordinary mining fee. A farmer can do their farming in an area where there is either a special grant or a special order. I thank you.
HON. HOLDER: My supplementary question is that the Hon. Minister did not answer exactly what I heard from Hon. Gava. He was actually saying double taxation where you pay for the same piece of land to the Ministry of Lands and Rural Resettlement, Ministry of Mines and Mining Development and pay for the same piece of land to the Rural
District Council – one person is paying three times. What is
Government’s policy regarding that?
HON. F. MOYO: I think that question is now dealing with interministerial harmonisation and I am not best positioned to answer that.
HON. MUKWANGWARIWA: I move that Questions Without
Notice be extended by 30 minutes to compensate for the time that was lost due to disruptions.
HON. KWARAMBA: I second.
*HON. MASHONGANYIKA: My question is directed to the
Leader of the House in the absence of the relevant Minister. My question is - what is Government’s policy as regards the issue of laying tombstones for liberation heroes? The Department of Museums and Monuments is not erecting these tombstones and some of these tombstones are being taken away at some Heroes Acres. Heroes Acres are generally being neglected. Who should assist in the upkeep of these structures and why are they these delays?
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Our heroines and heroes whether at district, provincial or national level are respected and this is what the law says. The Government Department under the Ministry of Home Affairs discharges that function. Maybe due to the unavailability of funding to that specific department, they may fail to properly look after these tombstones but it is Government’s intention to ensure through its policy that the tombstones of our heroes and heroines are properly looked after. The delay is occasioned by lack of funding to discharge their duty but eventually they will discharge that duty because it is befitting to our heroes and heroines who are now deceased.
*HON. A. MNANGAGWA: My question is directed to the
Deputy Minister of Primary and Secondary Education. We do not have descent schools in the communal lands. They are using sub standard structures. What is Government’s policy as regards the construction of schools because the parents are now moulding bricks and being burdened by the construction of these classrooms? I do not know how Government can assist in that regard. I thank you.
THE DEPUTY MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. PROF. MAVIMA): I thank the
Hon. Member for her question. As regards Government’s policy on rural schools, we have 1400 schools that are in the resettlement areas and most of these are satellite schools. The majority of the schools are in a dilapidated state and they leave a lot to be desired. I am grateful that the parents are doing a lot of things to ensure that these schools are constructed. In the majority of cases, a lot of the schools are being built with the help of the parents and we urge them to remain steadfast and build these schools. We are taking other measures to assist such schools. The PSIP budget component helps with outstanding projects because of the inadequacy of funding. We are completing these projects first. So, you may discover that in a single province there may be six or ten building projects for schools and the PSIP has very little money to help in the construction of such schools.
We are thinking of coming up with joint venture partnerships and we started this programme in 2013 but the programme is taking a lot of time. We even placed some advertisements in the newspapers and we got a lot of schools that are keen to partner us in the construction of these schools. We are mainly looking at such schools that do not have adequate classrooms as well as schools that are yet to be constructed. We have 2 000 schools which we need to construct under this programme but currently, the documentation of the paperwork is still being done so that we can have private partnership to help us to ensure that we carry out the project.
Be that as it may, we urge Members of Parliament to come up with ways and means that are possible to get assistance from Plan
International and other Non-Governmental Organisations who can help by constructing at least a single or so blocks at such schools. There are a lot of satellite schools that have been assisted in that manner. This usually happens when some NGOs chip in or when other Zimbabwean individuals come in, then the parents will help when they draw water
and gather stones so that the budget can sustain the completion of the construction of the school and it can be upgraded after the construction of these classrooms. We are doing what is within our power to ensure that the funding can be enough in building these schools so that they get registered but we have 1400 satellite schools in the country and we need all the help we can get in order to address that situation. I thank you.
*HON. MAPIKI: Thank you Madam Speaker. My question is
directed to the Minister of Sport and Recreation, Hon. Hlongwane.
What is Government’s policy as regards the assistance of a renowned boxer like Manyuchi who beat the boxer from Columbia as well as the funding for the Zimbabwean teams that are at the African Cup of Nations (AFCON)? How best can boxing be taken to the rural areas? I thank you.
*THE MINISTER OF SPORT AND RECREATION (HON.
HLONGWANE): Thank you. Our world class boxer and champion Manyuchi did us proud two weeks ago. Our two Vice Presidents attended that bout and we would want to congratulate him on his win.
That tournament had boxers coming from Malawi, Zambia and Columbia. We had referees and umpires from all over the world and from South Africa. They were 100% supported by the Government and that shows that Government is interested in ensuring that boxing becomes very popular in Zimbabwe. This was the first tournament 21 years down the line – from the time when the likes of Langton Schoolboy Tinago, Kilimanjalo and others used to fight. Boxing will come to the communal lands. We have a programme which is in the pipeline with a view to forming boxing clubs and sporting clubs at Ward
level.
There are about 21 sporting disciplines but I am going to restrict myself to boxing. In each Ward in Zimbabwe, at the end of the programme, we envisage to have two clubs per Ward. I am talking of properly set up clubs that are registered and which have a constitution, an elected executive so that the clubs are registered with their associations. If it is boxing, they are registered with the Federation of
Amateur Boxing so that at the end of the programme, we will have 4 000 clubs in our communal lands. We have done this to create jobs as well as to support the revival of boxing and other sporting disciplines. We will start with competitions at Ward level up until we reach national level.
We still have a week set aside for Ward Youth Games to look at the 21 disciplines all over Zimbabwe, then we will move to the district level, to the province and up until we get to the National Youth Games. The objective is to identify talent in the communal lands which did not have the exposure and we want to expose them to all these sports disciplines. Government is supporting such programmes and we want this done at grassroots level and I want to appeal to hon. Members of Parliament as the Minister of Sport and Recreation to support this programme once it reaches your area.
It is going to create employment for our children for instance, if it is a football club, Dynamos and Highlanders are no longer going to get a child from either Binga or Mutorashanga without buying the player from a specific club which would be registered with a national association.
We should have registered a club, so we will have the economy of grassroots sports. So, we urge you to support that programme when it reaches our communal lands. I thank you.
*HON. MUSANHI: Hon. Minister of Sports and Recreation, what recognition are you giving to this champion Manyuchi? In other countries, he is well respected and he is treated just like a Minister or even better. As a Ministry, what honour are you going to bestow on Manyuchi who has raised our flag high? He has made our Zimbabwe proud and what are you going to do?
*HON. HLONGWANE: Thank you Hon. Member. Our
Government values our sporting champions for example; we have Kirsty Coventry a renowned swimmer. She was recognised by Government and she is now a diplomat and she travels on a diplomatic passport. She is no longer just like an ordinary Zimbabwean. When she travels, she is treated with dignity. I would want to thank the Government and the Vice Presidents that are here that on Manyuchi, we found it proper to do the same. Manyuchi is a diplomat and the Government recognises his achievement in boxing and he was awarded a diplomatic passport in recognition of the good work that he has done.
Not only that, recently, after he had won the silver belt in Italy in Europe, our President gave him a present of $50 000 as a way of recognising the good work that he is doing. I want the Hon. Member to understand that Government may not have a lot of money to reward our sportspersons because of the current economic condition, but we do recognise our sportspersons. The President said we should recognise him as a diplomat and we afforded him the highest honour of this land as a Zimbabwean sportsperson. I thank you.
*HON. MAHOKA: Thank you Madam Speaker, my question is
directed to Hon. Minister Mushowe. What is Government policy regarding licences which people are paying, especially in Kariba and Hurungwe where they are unable to view Zimbabwean channels? I thank you.
* THE MINISTER OF INFORMATION, MEDIA AND
BROADCASTING SERVICES (HON. DR. MUSHOWE): Thank
you Madam Speaker. I would like to thank the Hon. Member for asking such an important question. It is a question which if it was not asked I would have also asked the same. I believe the licences are for the Zimbabwe Broadcasting Corporation (ZBC). You might have noted that these ZBC licence officers sometimes team up with police officers on road blocks inspecting vehicles with radio antennas but without radio licences. Sometimes they search for television licences asking those with televisions to pay their licence fees.
People who reside in the area which Hon. Mahoka cited, because this area does not receive Zimbabwean radio and television signals, are not obliged to pay these licence fees. Radio and television licencing fees are supposed to be paid for by someone who has a radio receiver and a television and is receiving the signals. If the radio is in the car and I visit your area, if the signals are not reachable in that area, it does not mean that it should not be licenced since it is not stationed in that area, it will be driven elsewhere where radio signals are reachable. Therefore, the licence is not paid because one has driven to a particular area; the licence is in place because of the radio signal receiver in the vehicle.
However, if someone comes to collect licence fees from your home where there is no radio signal receiver, you should not pay. Ask that person to show you where the radio or television is located in order for you to be obliged to pay. Sometimes they think everyone is watching television. Let me take this opportunity Madam Speaker to explain that, Government has noted all this; those with television receivers are watching, we are moving around. We are doing all we can as Government to migrate from analogue to digital television and radio equipment, what we are calling the digitalisation programme. This is being spread all over the country, including Binga. I promised the Hon. Member that we will visit their area and move around with them because we want the whole country to be covered. If the money was available we could have finished this programme, so that everyone will be able to watch television and receive radio signals from Zimbabwe like those in
Harare and Bulawayo.
In Binga and in Mwenezi, they do not know whether Zimbabwe broadcasts through television or radio, they listen to radio signals and watch television from Zambia, Mozambique whilst others listen and watch through signals from Botswana...
THE HON. DEPUTY SPEAKER: Hon. Minister, please, may you
stick to the question. If you wish to give a statement to the House, you can do that later.
HON. DR. MUSHOWE: Thank you Madam Speaker, I saw you
nodding...
THE HON. DEPUTY SPEAKER: I am looking at Hon. Mahoka,
you are not addressing the Chair.
*HON. DR. MUSHOWE: Thank you Madam .Speaker.
*HON. MAHOKA: Thank you Madam Speaker. What is
Government policy concerning radios and televisions in homes in Hurungwe and Kariba where signals are not available? They are unable to hear and watch a lot of things happening in their country. Hon. Vice Presidents and Hon. Ministers were speaking and they are unable to hear and watch it yet they are being made to pay licences by the Government. So, I am asking what the Government is doing. They bought radios and televisions in order to watch issues happening in Zimbabwe but they are unable to hear or watch. Thank you Madam Speaker.
*HON. DR. MUSHOWE: Thank you Madam Speaker. I thought I
answered the question earlier on. Firstly, I am surprised that people who know that their area does not have radio or television signals since 1980, buy televisions for their homes – [HON. MEMBERS: Inaudible interjections] – let me finish or can you come and give an answer.
HON. MLILO: On a point of order Madam Speaker. The Hon.
Minister should answer the question and not divert from the question.
THE HON. DEPUTY SPEAKER: Hon. Minister, you are being told what is happening and they are asking what Government is doing about it.
HON. DR. MUSHOWE: The Government does not demand radio
and television licence fees from people who are not receiving radio and television signals. The Government does not demand licence fees from people who have radios and televisions in their houses yet there are no signals. However, there is need to confirm that these signals are not available. Thank you Madam Speaker.
HON. SITHOLE: In urban areas like in Bulawayo and Harare, you will find out that people are now watching Zimbabwe Television (ZTV) through DSTV. Do we still have to pay for the ZTV licences whilst at the same time subscribing to DSTV for us to be able to get a more stable, reliable and consistent link for ZTV? I thank you.
THE MINISTER OF INFORMATION, MEDIA AND BROADCASTING SERVICES (HON. DR. MUSHOWE): Thank
you for that important question. Watching ZTV through DSTV is a choice that an individual makes. However, the fact remains that ZTV is available for you and if you have a television, ZBC charges licence fees on that but you can choose to watch ZTV through DSTV, it is your choice.
HON. CHITINDI: Thank you Madam Speaker, my question is directed to the Leader of the House. What does the law say about Members of Parliament who ask for donations from NGOs; because we do not know the manner in which these NGOs are set up?
*THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENT AFFARS (HON. MNANGAGWA):
Thank you Madam Speaker. The Member of Parliament was elected in a constituency to bring the constituents’ problems to Parliament and not for them to ask for donations. Whatever problems that you have, you should take them to Parliament. The idea of a request from Chipinge to another ambassador of a certain country, we say no to that. I believe that is a good enough response.
*HON. MAVHENYENGWA: Thank you Madam Speaker, my
question is directed to the Deputy Minister of Transport and
Infrastructural Development. What plans do you have to ensure that the District Development Fund (DDF) is able to have graders so that they will be able to upgrade our roads network because a single grader is allocated to one province? There are seven districts in Masvingo where I come from, the grader is unable to service the roads in the entire province. What have you put in place to ensure that we revert back to the old days when we had sufficient graders to cover our provinces?
*THE DEPUTY MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MADANHA): I
thank the Hon. Member for the pertinent question because for us to be able to transport our goods and services, we should have good road network which is well maintained. I would like to inform the House that ZINARA collects toll gate fees and the proceeds are used for the construction of new roads. We have four entities that construct new roads, we have the Department of Roads which is under the Ministry of Transport and Infrastructural Development, we have DDF which looks after the district road networks, we have rural district councils and we have urban councils that deal with urban roads.
These four players have equipment purchased for them by
ZINARA. The money was raised from the toll gates. We purchased that equipment; we once bought 80 graders that were distributed to all the city councils and DDF. This is an ongoing exercise. ZINARA is negotiating with companies to buy other equipment to be used for road maintenance so as to ensure that our roads are in better state. We will purchase pothole patching machines. We are also coming up with other several forms of machinery. We are aware that graders were purchased and that they are not working well.
Madam Speaker, the types of graders that are ideal for rural roads is a towed grader that is used by the tractor. The ones that we have put in are responsible for the construction. When we come to maintenance, we should use towed graders. I reiterate ones more that ZINARA is going to buy adequate machinery to enable districts to maintain their roads so that our goods and services can be transported well. I thank you.
THE HON. DEPUTY SPEAKER: Order, I am not taking
another supplementary question.
*HON. KATSIRU: My question is directed to the Minister of
Agriculture, Mechanisation and Irrigation Development. What is
Government policy as regards to the Cold Storage Company in
Zimbabwe? We have observed that equipment in the Cold Storage Commission is now being vandalised. Some of the equipment is being sold and some of the equipment is being attached because of bad debts. Are you going to resuscitating the Cold Storage Commission or you are no longer concerned about it?
*THE DEPUTY MINISTER OF AGRICULTURE
(CROPPING) (HON. MARAPIRA): Thank you Madam Speaker.
Since this is a pertinent question, it should be put in writing so that the substantive Minister responsible for livestock will answer.
HON. J. TSHUMA: My question is directed to the Leader of the House. When are we going to have the Bill pertaining to the CDF seeing that we are already doing budgets, we would have loved the CDF Bill to come so that at least it can be included in the Budget so that our work in the constituencies can be a bit easy.
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENT AFFARS (HON. MNANGAGWA): I
want to thank Hon. Tshuma for the question. The draft Bill is through, it is now waiting to go through the Cabinet Committee on legislation. Fortunately, the current Budget has an allocation of US10 million towards CDF. Once the Bill has been passed by the Cabinet Committee on legislation, it will be gazetted and then it will come to the august
House – [HON. MEMBERS: Hear, hear.]-
*HON. CHINOTIMBA: On a point of order Madam Speaker. Thank you Madam Speaker, may it be placed on record that this House is now very peaceful. This has shown that the noise caused in Zimbabwe is caused by the MDC. If you view this picture, this is an august House. It is peaceful, orderly and you are not having to constantly call members to order. People are discussing developmental issues. I want it placed on record so that the world over should appreciate that Zimbabwe is a piece loving country as long as there is no MDC involved. You have seen what has happened in this august House.
This is what a country or a Legislature for a country should be like. Madam Speaker, they should know that ZANU PF as a ruling party is not violent. Those that assault the police and those that rape are other people not from ZANU PF but MDC. I thank you.
*THE HON. DEPUTY SPEAKER: Order. Your point is noted
Hon. Chinotimba. What you must understand is that the Opposition is there to oppose and to make noise. However when there are differences, that is when you make a lot of noise. Can you proceed?
+HON. K. SIBANDA: Thank you. My question is directed to the Deputy Minister of Industry and Commerce. Part of the question not recorded due to technical fault.
+THE DEPUTY MINISTER OF INDUSTRY AND
COMMERCE (HON. MABUWA): I thank you Hon. Member for such
an important question. I will answer part of the question and leave the other part to others. Residential rates they have nothing to do with industry. So I will only answer pertaining to issues related to industry.
We have a Rent Board which looks into such matters. As to how much we charge per square metre in the CBD or industry, there are regulations for that. If the question is written down, I will give a detailed answer on these rents and how these rents are managed.
We research all the time in line with our economy on issues of expenses. The rent board looks at such matters and what is important is you should put the question in writing so that we can give you the rentals. I thank you.
*HON. CHIPATO: Thank you Madam Speaker. My question is
directed to the Minister of Home Affairs. What is Government policy as regards the motor vehicles and Combis where people ride on those cars and they pass through road blocks where people will be hanging precariously on car roofs as well as Combis. These are dangerous ways of riding on motor vehicles and this will give us unnecessary work. This is rife along Mbuya Nehanda in Harare and in Mbare. I thank you.
THE HON. DEPUTY SPEAKER: The Minister is no longer in the House. –[AN HON. MEMBER: He is asleep, MDC haipo nhasi]- THE DEPUTY MINISTER OF HOME AFFAIRS (HON.
MGUNI): Madam Speaker. Can she repeat again the question?
HON. CHIPATO: Thank you Madam Speaker. My question is
directed to the Minister of Home Affairs. I am talking about the motor vehicles such as commuter omnibuses and those referred to as mushikashika pirate taxis. They ride on these cars on the carriers and doors are opened and people will not be seated properly especially in Mbare and along Mbuya Nehanda. What is the Government policy because such people run the risk of being killed or seriously maimed when they are involved in an accident? The police will be getting unnecessary work. I thank you.
HON. MGUNI: Thank you Hon. Member. That is not allowed.
That is why the police are always running after those people and stopping those vehicles and confiscating them. The Act says ‘the police can only detain those vehicles for 24 hours. After that they have to release those vehicles back. So it is up to the House to see whether that
Act is punishing those people enough or not. We can extent the hours of detaining those cars because we are allowed only to stay with them for 24 hours.
Another thing, sorry I did not hear your question before but I was reading a message about the spikes because the police are even having difficulty of stopping those cars. You know when they see the police, they already know that they have done something wrong and they do not stop. They do not care, they can even knock down a police officer and two police officers have been knocked down so far and we have it on record.
However, we need a policy that is deterrent enough than what we are doing. I thank you Hon. Member.
Questions Without Notice were interrupted by THE HON.
DEPUTY SPEAKER in terms of Standing Order No. 64.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
RESUSCITATION OF ZISCO STEEL
- HON. NCUBE asked the Minister of Industry and Commerce to state when the ministry intends to resuscitate ZISCO Steel.
THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE
(HON. MABUWA): Thank you Madam Speaker. I would to thank Hon. Ncube for asking the question. As Hon. Members of Parliament might be aware, Government, through my Ministry, is in the process of identifying an investor to resuscitate ZISCO. Invitation of expressions of interest were sent to twenty nine potential investors and six responses were received by the closing date of 4 October 2016. These potential investors include both local and foreign investors from countries such as South Africa, India and China. My Ministry is now working on carrying out the due diligence exercises for these potential investors that have expressed their interest. The Ministry is expecting to finalise the identification of an investor to resuscitate ZISCO by the end of 2016 according to the ZISCO 100 Day Plan.
P t435445 26 October 2016
PROVISION OF E-LEARNING TO SCHOOLS IN SILOBELA
- HON. M. M. MPOFU asked the Minister of Primary and Secondary Education to state when the Ministry will provide E-learning in Silobela, particularly at Zibomvu Secondary and Silobela High Schools.
THE DEPUTY MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. PROF. MAVIMA): Thank you
Mr. Speaker Sir. Let me thank Hon. Mpofu for the question. Following the approval of the Primary and Secondary Education Curriculum Blueprint (2015 - 2020), the Ministry of Primary and Secondary Education will be rolling out the new curriculum in all schools starting in 2017. This is a national programme which will benefit all schools in the country. ICT plays a pivotal role in the new curriculum and is both a learning area and a cross-cutting discipline. The Ministry is therefore, mobilising funds to have all schools in the country connected (to a Ministry Wide Area network and Internet) and equipped with the requisite hardware and software as well as have all teachers in the country trained in the integration of ICT in pedagogy to ensure the successful implementation of new curriculum by 2022. The SDCs and other stakeholders have the opportunity to use their own resources to provide E-learning programmes to their schools.
CONSTRUCTION OF CHIGWAGWA SECONDARY SCHOOL
- HON. MAVENYENGWA asked the Minister of Primary and Secondary Education when the Ministry is going to give authority to construct Chigwagwa Secondary School in Zaka since the community and local Member of Parliament have already mobilised material for the first block.
THE DEPUTY MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. PROF. MAVIMA): Thank you
Mr. Speaker Sir. Let me thank Hon. Mavenyengwa for the question. Chigwagwa Secondary School has challenges of viability. There is only one feeder primary school which is Chigwagwa Primary. Other secondary schools within seven kilometre radius are Muchimwi and Pamutevhure. The first proposed site for the school met challenges of displacing some of the villagers who had been legally settled. The Department of Physical Planning is working together with the local authority to identify a suitable site for the school before authority to establish and construct the school can be granted.
The last discussion on the issue was in 2014. The Rural District Council has remained quiet indicating that they have failed to identify a suitable site. Other secondary schools in the vicinity have low enrolment figures. Pamutevhure has 300 learners while Mutimwi has less than 400 learners also.
*HON. MAVENYENGWA: Does the Minister’s response mean
that the designated site for the construction is not suitable because when the powers that be came, they indicated that we should mobilise material for the construction of the school. Parents have moulded bricks and as a Member of Parliament, I have provided some material which is lying idle. We did this on the understanding that we could go ahead with the construction of the school.
*HON. PROF. MAVIMA: Thank you Mr. Speaker Sir. The response shows that in the communal area they have not come up with a correct site for the construction of the school. We are urging the Rural District Council to identify the site of the school so that as a Ministry, we become aware of the site. When the site has been identified, we will see if it can be a stand-alone institution because in the same place, there are schools that have less student population.
We have schools that were constructed in other areas in the country and they have only 80 pupils ranging from Form 1 to Form 4. The school is allocated two or three teachers and for the school to work effectively with only three teachers for a secondary school, it becomes difficult because three teachers may not cover all the subjects that are required for one to sit for ‘O’ level examinations. The Ministry considers these issues before the granting of the authority of the construction of the school. This is the explanation I can give as regards this school. I thank you.
ELECTRIFICATION OF SCHOOLS AND CLINIC IN ZAKA
- 8. MAVENYENGWA asked the Minister of Energy and Power Development to state when the Ministry is going to connect electricity in the following areas in Zaka District:
- Mukwirimba Primary School;
- Mandlore Primary School;
- Chivata Primary School;
- Chivata Secondary School; and
- Mandlore Clinic
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE): Mr. Speaker Sir, I would
like to inform the House that all the above-mentioned public institutions were electrified under the rural electrification programme. Mukwirimba Primary School, Mandlore Primary School and Mandlore Clinic were energised on 17th March 2016. Chivata Primary and Secondary Schools were energised on 8th June 2016. What remains now is for the public institutions to do internal wiring of their premises and apply to ZETDC for connection. The ZETDC will first inspect the internal wiring and if it passes, they can be connected after paying the connection fee. Perhaps the Hon. Member can assist the institutions in that process. I thank you.
WRITTEN SUBMISSIONS TO QUESTIONS WITH NOTICE
GOVERNMENT POLICY ON DUAL PRICING SYSTEM
- HON. GWANONGODZA asked the Minister of Industry and Commerce to explain Government policy on traders who apply dual pricing system on cash and plastic money transactions.
THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE
(HON. MABUWA): Hon. Members are aware that the RBZ has been promoting the use of plastic money as one of the measures to enhance financial stability in the country. The banking public has now embraced the use of plastic money and increased its usage over the last few months. This development has also benefited business, including traders whose activities could have been negatively affected by the liquidity crunch that the country is currently experiencing. Having highlighted the above, may I advise that it is against Government policy for traders to apply a dual pricing system on cash and plastic money transactions. May I take this opportunity to call on traders to desist from such practices and also to request members of the public who may have been subjected to this behaviour to report of such cases to the Ministry. I thank you.
PRE-PAID ELECTRICITY METERS 9. HON. CROSS asked the Minister of Energy and Power Development to inform the House:
(a) How many pre-paid electricity meters have been installed in homes and business premises throughout Zimbabwe ever since the programme began?
(b)To detail how many prepaid meters have malfunctioned since installation and what ZESA is doing to repair or replace such meters and when the programme would commence.
(c)To detail the guarantee that was issued by the manufacturer or supplier and to state whether those obligations are being met, and if not, to explain why. That is the case.
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE):
(a)To date 575 667, have been deployed since inception.
(b)Failure rate has been within acceptable industrial standards except meters supplied by ZTE that exhibited high failure rate. ZTE contract was cancelled as a result of high failure rate. Total number of metres that failed to date is around 6 000 which translates to 1% of the installed base. Because of meters shortages, it has taken long to replace some of the meters failing at site but there is a plan to replace all faulty metres as soon as the next delivery of meters is received.
(c)Manufacturers through their local agents have an obligation to replace meters failing within the warranty period. Warranty period was extended to 36 months from the standard 12 months at ZETDC’s request. Manufacturers have also offered meters at no additional cost to replace those failing at site after expiry of warranty. Most of the failures are to do with exposure to harsh environmental conditions, especially rain. ZETDC has improved the technical specification to ensure meters are higher Ingress Protection rating and hence more resistant to harsh environmental conditions.
ELECTRIFICATION OF CLINICS IN SILOBELA CONSTITUENCY
- HON MPOFU M. M. asked the Minister of Energy and Power Development to state when the Ministry will electrify the following clinics in the Silobela Constituency:
- Dendera clinic
- Donsa Clinic
- B B ORAP Clinic
- Msilahobe Clinic
- Sigezibubi Clinic
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE): donsa Clinic and
Msilahobe Clinics have already been electrified with solar. Dendera
Clinic proposed date of electrification is November 2016 whereas B. B.
Orap St. Joseph and Sigezibubi Clinic will be electrified by year end
2017.
Name of Institution | Distance From the Grid (km) | Proposed Date of Implementation |
Dendera Clinic | 8.7 | Nov-16 |
Donsa clinic | Electrified with solar | |
B. B. Orap St. Joseph | 1.5 | 2017 |
Clinic | ||
Sigezibubi | 12 | 2017 |
Msilahobe Clinic | Electrified Solar |
PRE-PAID ELECTRICITY METERS
- HON. MPOFU M.M. asked the Minister of Energy and Power
Development to inform the House, and to state specific dates when the
Ministry will electrify the following schools in the Silobela Constituency:
- Zibomvu Primary and Secondary Schools
- St Dominic’s
- Ruya Primary School
- St Peter’s Primary School
- Gobo Primary School
- Mutimutema Primary School
- Rusununguko Primary School
- Donsa Primary School
- Kizito Primary School
- Dendera Primary School
- Kanda Primary School
- Seyzi Primary School
- Skumba Tshokotshe Primary
- Ntobe Primary and Secondary School
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE): The Rural Electrification
Fund has proposed electrification by Solar for St. Peters Primary School in 2017/2018. Rusununguko Primary School and Skumba Tshokotshe Primary School have been connected to the grid.
SILOBELA CONSTITUENCY INSTITUTIONS
Name of Institution |
Distance from the Grid(km) |
Proposed Date of Implementation
|
Dendera Primary School | 8.7 | Nov-16 |
Sibobvu Primary & Secondary Schools | 0.5 | 2017/2018 |
St. Dominic’s Primary School | 0.8 | 2017/2018 |
Ruya Primary School | 0.5 | 2017/2018 |
Donsa Primary School | 18.5 | 2017 |
Kizito Primary School | 16 | 2018 |
St. Peters Primary School | 22.5 | Proposed for solar in 2017/2018 |
Gobo Primary School | 1.7 | 2017 |
Mutimutema Primary School | 10.7 | 2019 |
Rusununguko Primary School | Electrified with Grid | |
Siyezi Primary School | 5.5 | 2018 |
Skumba Tshokotshe Primary School | Electrified with Grid | |
Ntobe Primary & Secondary Schools | 4.5 | Nov-16 |
Kanda Primary School | 3 | 2017 |
ELECTRIFICATION OF SCHOOLS AND CLINICS IN SILOBELA
- HON. MACKENZIE asked the Minister of Energy and Power Development to explain why Siakobvu Growth Point has gone for 9 months without electricity; and to further indicate when the following areas will be electrified:
- Negande Primary and Secondary Schools;
- Magovhe and Marembera Primary Schools;
- Charara Clinic and Primary School; and
- Kalundu and Mola Primary School
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. UNDENGE): Mr. Speaker Sir, I
would like to inform you that the electricity line to Siakobvu Growth Point is one of the longest 33KV distribution lines on the ZETDC network, with a total length of approximately 300 kms from the primary sub-station. There are a number of factors that contribute towards the malfunctioning of this line and the most severe ones are;
a) Destruction of transmission poles by termites
The area between Msampakaruma and Siakobvu is highly infested with termites which destroy transmission poles.
b) Destruction of poles by lightning strikes
The Msampakaruma and Siakobvu areas witness very high incidences of lightning strikes in Zimbabwe. Every year a number of poles on the Siakobvu line are damaged by lightning strikes. Efforts have been made and will continue to be made to protect the line from the lightning strikes.
c) Vandalism of the line by poachers
The line is prone to vandalism by poachers who remove stay wire supporting the poles for the purpose of snaring wild animals. This is a very serious setback as the stay wire is meant to hold the poles in position against strong winds and other forces. Once the stay wire is removed the section of the line eventually falls down.
d) Poor road network
The road network from Msampakaruma to Siakobvu is very bad, making it inaccessible, especially during the rainy season, thus delaying timely repairs. The line to Siakobvu has been down since February, 2016 due to multiple faults on the line caused by the factors mentioned above. The line could not be attended to immediately due to inaccessibility of the roads during the rainy season. It was only after the rainy season that ZETDC Managed to assess the extent of the damage before going to tender for the repair of the line. Having mobilised the resources needed for the repair of the line, two contractors were engaged in July, 2016 to work on the line. Repairs on the line are in progress and the line is scheduled for electrification in November, 2016.
Due to technical constraints on the ZETDC grid network, the
above mentioned public institution in Negande and Mola areas, that is, Negande, Magovhe, Marembera, Charara, Kalundu, Mola Primary Schools and Charara Clinic cannot be supplied with power from the electricity grid network. Extension of the grid network will only be possible after reinforcement of the back-borne infrastructure which involves construction of a 132/33 KV sub-transmission substation in Gokwe. However, in the short term, these public institutions will be equipped with solar mini grids between now and 2020.
ELECTRIFICATION OF GACHEGACHE COMMUNAL LAND
IN KARIBA
- HON. MACKENZIE asked the Minister of Energy and Power
Development to state when Gachegache Communal Land in Kariba will be electrified, considering that it has gone for two years without electricity due to the fallen poles and lack of transformer.
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (HON. DR. UNDENGE): The line to Gachegache
is fairly long, with an estimated line length of 100km from the primary 33KV substation at Magunje. The portion of the line which fell down is approximately 30kms. The Gachegache line was affected by shortage of transformers and resources to maintain the line in the past two years and inaccessibility of roads in the area. ZETDC is planning to start maintenance work in November, 2016. Work is expected to be complete in April, 2017.
Questions with Notice were interrupted by THE TEMPORARY SPEAKER in terms of Standing Order No. 64.
On the motion of HON. MUKWANGWARIWA seconded by
HON. KWARAMBA, the House adjourned at Thirteen Minutes to Five
O’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 25th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
ANNOUNCEMENT BY THE ACTING SPEAKER
2016 PRE-BUDGET SEMINAR
THE ACTING SPEAKER (HON. MARUMAHOKO): I have
to remind the House that all Hon. Members are invited to the 2016 prebudget seminar to be held at the ZITF Grounds from 2nd - 6th November 2016. All members were required to have confirmed their participation at the seminar with the Public Relations Officers by Monday 24th
October, 2016.
I also have to advise that only Hon. Members from Manicaland,
Mashonaland East, Mashonaland Central, Mashonaland West and Harare Province will fly from Harare to Bulawayo. The rest will drive to Bulawayo.
HON. ENG. MUDZURI: Hon. Speaker Sir, I rise on a point of order as per Section 68 (d) of the Standing Rules and Orders. Our
Constitution provides in Section 106 on the conduct of Vice Presidents,
Ministers and Deputy Ministers. Section 106 demands that an Act of
Parliament must be provided on the code of conduct for Vice Presidents, Ministers and Deputy Ministers. We have not had this Act of Parliament coming to Parliament and we have gone so many months and years into the year.
Section 119 of the Constitution defines the role of Parliament as in sub-section 1, 2 and 3. Section 119 (2) reads; Parliament has power to ensure that the provisions of the Constitution are upheld and that the State and all institutions and agencies of Government at every level act constitutionally and in the national interest. Section 119 (3) says; for the purpose of subsection (2), all institutions and agencies of the State and Government at every level are accountable to Parliament.
I am bringing this in line with Section 106 sub-section (2c) which talks of the use of positions by or any information by Deputy Ministers, Vice Presidents and Ministers on any information entrusted to them to enrich themselves or improperly benefit or any other reason. We have observed that in the country there has been serious abuse of state funds and nothing has come to Parliament. Parliament has not reacted to the dishing out of land in terms of this Section –[HON. MEMBERS:
Inaudible interjections]-
THE ACTING SPEAKER: Order Hon. Members, we want to
hear the Member in silence please. This is your own man, your own Vice President and you are making noise.
HON. ENG. MUDZURI: There is nothing that has come to this Parliament in terms of what has happened to some Ministries who abuse funds. In terms of Standing Rules and Orders Section 63 which reads; “In addition to Standing Order No. 26, a Minister who is unable to attend the sittings of Parliament under Section 107 (2) of the
Constitution shall make an application for leave of absence in writing to the Speaker. A Minister who fails to attend Parliament without leave having been granted in terms of suborder (1) shall be in contempt of Parliament”.
Mr. Speaker, I am reading this as the duty of Parliament to ensure that Ministers, Deputy Ministers and Vice Presidents are accountable to this Parliament in that there is a section which talks of Ministers not responding to Committee reports. There is a section which talks of them responding within ten days. All these are a series of things that I am reporting to you that it is your duty to ensure that Ministers and Deputy Ministers respond to the Constitution and the Standing Rules and Orders which sometimes the Speaker says we have not read.
I have not seen a single day when a Minister has come to represent responds on Committee Reports. We have had so many Committee Reports put across and none of them have been responded to to date yet the Standing Rules and Orders demand that they come here within ten days after you have done it in writing. Can you rule what should happen when we have had two to three years without any response on any
Committee Reports and also the corruption that has been taking place?
THE ACTING SPEAKER: Order please. Hon. Mudzuri, I think last week if you recall, there was something from the Chief Secretary on the subject that you spoke about – the conduct of Ministers and Deputy Ministers; this is being attended to.
Secondly, it would be very unfair to say that Ministers are not responding to Committee Reports. Let us say some Ministers because some have been here and we have congratulated them as Parliament that they have come to respond. It is not all of them but the Office of the Speaker has written to the Chief Secretary to inform the Hon. Ministers that they should respond to all Committee Reports. It is all in order; it is being pursued.
HON. ENG. MUDZURI: I want to read this to you Mr. Speaker
–[HON. MEMBERS: Inaudible interjections]- Section …
THE ACTING SPEAKER: Order!
HON. ENG. MUDZURI: Mr. Speaker, Section 26:2. I want it in verbatim so that it is quoted properly. “A Vice President or Minister must, in all cases,” not some “provide a comprehensive response to matters raised in a report of a Select Committee, within 10 sitting days after having been notified of the report, failure of which will constitute contempt of Parliament.” For you Mr. Speaker to tell us that ‘some’, it is in all cases. So, I am saying it is not enough for the Speaker to say we have written to them. What we need is to say this Parliament must be more serious and do proper business as per the rules which demand us to
do it.
THE ACTING SPEAKER: Order! Hon. Mudzuri, there is no contradiction here. I appreciate your concerns and I am sure you are right to have those concerns, but this has been said before like I alluded to earlier on that the Speaker’s Office is handling that and has already communicated with the Chief Secretary. Some action is being taken.
Thank you.
*HON. ZWIZWAI: Thank you Mr. Speaker. My point of order is that, when you gave a ruling on the issue that was brought before you by Hon. Eng. Mudzuri, you said it does not concern all Ministers because some of them are responding but others have not responded within the 10 sitting days. They maybe two, three or five, the number does not matter but our Standing Orders state that if they do not respond within
10 sitting days after being notified of the report, they are in contempt of Parliament. Contempt of Parliament means it is a crime. So, we want to know Mr. Speaker which measures you are taking on those Ministers who are not attending these sittings and are belittling this House. Contempt of Parliament is similar to smoking in the National Assembly or whatever other activities that might be done in this House. We want to know what measures you are putting in place or taking as Parliament to ensure that these Ministers are brought to book.
*THE ACTING SPEAKER: Thank you Hon. Zwizwai. I will reiterate what I said – [HON. MEMBERS: Inaudible interjections] – Hon. Mutseyami, how can you raise a point of order when I am talking.
Order please, order! Hon. Zwizwai, this is the same issue that we are talking about. What I was expecting from you is that we expedite the process than for you to repeat what was already said. We have heard your point and we will ensure that this administration and the Office of the Chief Secretary will take the necessary measures. I thank you.
MOTION
RATIFICATION OF A LOAN AGREEMENT BETWEEN THE
GOVERNMENT OF ZIMBABWE AND OPEC FUND FOR THE
INTERNATIONAL DEVELOPMENT.
First Order read: Adjourned debate on the motion on loan agreement between the Government of Zimbabwe and OPEC Fund Question again proposed.
HON. MATUKE: I move that the debate do now adjourn.
HON. KWARAMBA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 26 October, 2016.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. CHIRISA: Mr. Speaker, the President touched on a number of issues, but I want to say it is nothing to write home about as there was nothing new, hence you find that it is very difficult for people to want to stand and debate this speech.
He touched also on the alignment of laws with the Constitution. However, Mr. Speaker Sir, by now the realignment of laws could have been done if we were serious as a House and it seems there is no political will. We feel the Executive is benefiting from existing laws in the current form at the expense of the constituents, especially women and children who are always affected by situations. There are more than 400 laws to be realigned, I think we have only done 100 or so. We are looking at our period in this House and we will be asked what we would have done by the end of our term.
The President also touched on the growing incidents of drought in
Zimbabwe, but he did not highlight what the Executive, through the Government, is doing in terms of mitigating the situation. We expected the President to give disaggregated statistics of how many millions of people are suffering from the El Nino induced drought. The number of women and number of children, the disabled men who have been affected by the current drought and also the areas that are severely affected, but this was not done in that speech.
While the international community has been providing humanitarian aid, Mr. Speaker Sir, it is not everyone who is affected that is benefiting and the food has been distributed along political lines. This is unacceptable. We are all Zimbabweans and everybody has to benefit in times of need and I think this, from the President, should have been clear to tell his subjects what to do in terms of distributing relief food.
The discrimination will tarnish the image of our country and the Government might shoot itself in the foot as this will then force humanitarian aid organisations to close all avenues of aid due to the discriminatory distribution of food. Even the Food for Work
Programme is very selective. It is only benefiting the communities that are aligned to certain ruling parties. Chiefs and headmen who are supposed to be protecting their subjects are the major culprits in leaving out some of the people in their areas who are also in severe need of the food.
Mr. Speaker Sir, the issue of denying people food because of their political affiliation is not acceptable and the relevant Ministries should look into this issue because this is not the first time that this has been said. People have been complaining that food is being distributed along party lines and we would want to see the Ministries involved making sure that everybody receives food. Here, I am talking of the Ministry of Public Service, Labour and Social Services, which is the parent Ministry of this particular programme, the Ministry of Women’s Affairs, Gender and Community Development, to make sure the women in need also receive food and also the Ministry of Health and Child Welfare to look into the issue of children, especially now that there is a lot of feeding programmes happening in schools, to make sure that every school gets this programme regardless of area and of political affiliation.
Mr. Speaker Sir, the President in his official opening, talked about the Bills to be tabled in Parliament in this Session and about ratifying some of the protocols, among them the Paris Agreement and the Nagoya Protocol that Hon. Minister Muchinguri presented here. However, this is a long process and it might take long. What is needed at the moment is to source for more food aid to make sure every Zimbabwean is not left out as everybody is suffering.
On the economy which is facing a lot of challenges, we really expected a detailed analysis of the performance of the economy, the possible solutions to the challenges and to talk about the bond notes in detail, to make sure people are not having doubts, to make sure people are satisfied and to ensure people are educated or understand better the issue of bond notes and remove fear of the unknown from the people, but the President’s speech did not do that, instead it highlighted what we always hear about and what we already know.
The report talks of the implementation of the ZIM ASSET, but does not give details on what has been achieved in the sectors in the different Ministries. In Zimbabwe, we know there is the issue of ease of doing business reforms which have been the talk of town and which also does not elaborate on what the Government is doing except to say a new Act will be tabled in Parliament. Knowing our Executive, Mr. Speaker Sir, this may be even tabled in the last Session of the Eighth Parliament because in the Ministers’ vocabulary, there are no such words as speed up things and this is a concept they do not use in the Executive.
The one-stop-shop which the President highlighted has been on the cards for a long time and it seems the Ministers do not have respect for the Presidential Speech and for the implementation of highlighted issues. What pains us most, especially us as women, is that the delays in implementing planned programmes and projects affect the ordinary women, children and differently abled and other vulnerable people. As a Government, these vulnerable groups should be the first priority in any given programme.
Mr. Speaker Sir, I also want to highlight issues where women are concerned. Women are a group of invisible actors in the economy but they are not taken seriously. The President did not mention women in his minus plus four pages and yet women work more than men and are paid less. The informal slogan of our decade of women is that women do two thirds of the world work, receive 10% of the world income and own 1 % of means of production – [HON. MEMBERS: Inaudible
interjections.] –
THE ACTING SPEAKER: Order! I can allow the Hon. Member
to refer to her notes and not to read her speech. You may proceed.
HON. CHIRISA: I am referring Mr. Speaker Sir. Women farmers in Zimbabwe are not recognised fully yet they shoulder more and more of the burden of providing food in many parts of this country as they plant, plough, fish, gather firewood and make sure the families are well off but they are not recognised Mr. Speaker Sir.
I just want to remind the Government that we are part of the global village and have signed a lot of international and regional protocols promoting women’s rights hence there is need to take the situation of women seriously especially that of the rural women whose situation need to be improved to ensure food security and reduce the number of undernourished people especially children.
Although the women are the main actors in feeding the nation, they also fight hunger and malnutrition but they have very little or no access to land. They have no access to resources and lack control of those resources. They are not given credit facilities, they are not trained and there is a lot of new technology but women farmers are not part of the new technology in terms of farming. Very little attention is paid to alleviating women’s plight in the rural areas.
Without secure land rights, women are often denied access to credit or benefits of membership in cooperatives, farmers’ associations as well as ownership clubs are mostly given to male…
HON. HOLDER: On a point of order. The Hon. Member on the
floor has not been referring to her notes but reading – I do not know who did the speech for her, maybe one NGO. If she could refer to her notes, it will be better for us.
THE ACTING SPEAKER: Hon. Member you may resume your
debate but I have already warned you not to read your notes. You may refer to your notes.
HON. CHIRISA: Ndazvinzwa Mr. Speaker Sir, but there are
issues that I want to stress especially on women farmers in the rural areas and sometimes I need to refer to my notes regularly. This is a women’s issue I am talking about and they should know because Holder is one of those who comes from a rural constituency. He must take cognisance of the fact women are being denied all these things especially in his constituency.
HON. HOLDER: On a point of order. Thank you Mr. Speaker Sir, the Hon. Member has referred to Holder instead of Hon. Holder.
THE ACTING SPEAKER: Please refer to him as Hon. Holder.
HON. CHIRISA: Let me just wind up and say, I hope the issues I have mentioned will form the basis for the Government to act and come up with programmes and projects to make sure that women’s farmers are supported. I thank you.
*HON. MATANGIRA: I want to add my voice on the speech that
was delivered by His Excellency, the President of the Republic of Zimbabwe, Cde R. G. Mugabe. No other better information will come than what he said in his speech where he called upon all of us
Zimbabweans to unite and come up with strategies that have the support of all of us for the development of our nation. He did not leave out the fact that right now we are experiencing a drought that has been caused by El Nino and not by political parties but sanctions which affect us such that we can no longer engage in farming.
The President of Zimbabwe is not the one who brings the rains but the hunger that is here is because of El Nino. What is pleasing is that he said that no one in Zimbabwe will die of hunger. I think we should give him a round of applause for this. Truthfully speaking Mr. Speaker Sir, I stayed in Binga, Hwange, Tsholotsho, Masvingo and Manicaland – there are no people who are not getting any food aid up to today. I want to say that the Hon. Member who was talking of food hand-outs being given along party lines – everyone is allowed to dream and that is not the case. What I want to say is that primary school children from where I come from and other areas are being given food supplements. The question that I want to pose to the Hon. Members in this House is that… Hon. Cross having passed the Chair without bowing was reminded
to do so.
…instead of just crying foul that the Government is not this and that, the President is not addressing these issues, we should ask ourselves what we as individuals are doing to help the people in our constituencies who voted for us. Are we also going to monitor the food that is being given to people in communities and schools to see if children are being fed. We need to go and monitor whether distribution is being done efficiently. The Hon. Member also said that whoever is distributing food is from a particular political party, when we are here in Parliament we are civil servants. We are not partisan. We are like the village heads. We are not different from the traditional leaders. The chiefs do not rule over a certain group of people belonging to one party only. What we are saying here is that we are not partisan and that is why the ruling party keeps progressing because we are not segregating. Hunger does not choose whether you are MDC or ZANU PF. There is no segregation that is taking place.
The President also said that even the Opposition that we have in this country is being ruled by President Mugabe because of democracy. The opposition should therefore accept that those who are distributing food are people who are appointed by God as village heads and chiefs – the traditional leaders.
Mr. Speaker Sir, if we consider in all countries that we know, the opposition began long back. God Himself and his angels was ruling both in heaven and on earth. Satan was also there and he wanted to make himself God - to take over the throne. That is where opposition began. Opposition will never see anything positive although it is positive. Even if things improve and development takes place, the opposition will never see any positive developments.
The Government of President Mugabe is leaving no stone unturned in sourcing for food to give to the people of Zimbabwe and not to ZANU PF people only. The Government does not segregate and what I have realised in this House is that, the opposition has realised that they do not have any room and opportunity.
HON. HOLDER: Thank you Madam Speaker. I forgot to
mention that I would like to thank you for putting a new carpet in this
House -[HON. MEMBERS: Inaudible interjections]- At least hon.
members can come now.
THE HON. DEPUTY SPEAKER: Order Hon. Members. Hon.
Holder, do you think we can disturb someone who is debating so that you can comment on the carpet?
HON. HOLDER: It was very important Madam Speaker to take
note of this.
THE HON. DEPUTY SPEAKER: Hon. Member please take
your seat.
*HON. MATANGIRA: President Mugabe is saying in his speech,
let us join hands and work for the development of our nation. You are called upon to help develop the nation for the economy to recover. The economy of this country is based on agriculture and those who died in the liberation struggle died for the land and now that we have the land and the President is saying let us go and engage in command agriculture, let us go and farm to resuscitate our agriculture so that we resuscitate industries and also for our economy to start functioning. However, you will find that all those who are in the opposition, linked to where Satan was in heaven saying this is not right. The hon. MP who debated saying women have no collateral and the moment, that we start pointing fingers, and then you know that we are in trouble as we would be now siding with the Queen. Yes the Queen is a woman and we give her respect.
How can a woman not be given collateral? - [HON. MEMBERS:
Inaudible interjections]-
THE HON. DEPUTY SPEAKER: Order, order. Hon. Members,
we want to hear what the Hon. Member is saying. You cannot continue heckling and heckling. What is wrong with you? He is debating and if you feel like debating, you stand and we give you the chance to debate.
I do not want to send someone outside.
*HON. MATANGIRA: When you are debating, we listen to you.
So, when we are debating, we also expect you to listen as well. Madam
Chair, what I am saying is - the President is saying, let us work together. The development and resuscitation of this economy will be done by you and me. What part have you played? ZIM ASSET says that we need to resuscitate our agriculture and that means we all have work to do. Command agriculture has come and both men and women should stand up to the challenge. We should go and work to ensure that our country has food security. Why should you continue seated and expect the President to come and give you food?
Madam Speaker, the issue is that we will never have another leader who is like the President Mugabe. The road network is being resurfaced while we are under the sanctions. Right now, we preparing for the coming agricultural season and we are ready for the command agriculture. We are being given inputs and everything is going on well. Those with irrigation equipment, their crops are about to mature now. We are happy and we pray that God gives us the spirit of discernment to understand that we might be black in colour but, we are one together with the whites. The white man will come and tell you that the person who is in power is not the right person. Where should the right person come from? We are saying that we need to sit down and have a round table and come up with strategies as to how we can resuscitate our economy. That is what the President’s speech was based on.
I will proceed saying that, what we have as we struggle in Zimbabwe is quite a lot. We have not heard of any reports of a person dying of hunger. People might say time is passing, yes but, President Mugabe is there and has done a good job, where will you get another leader him? Where will you get such a good leader who allows the opposition to say whatever they want? The President is saying, come let us unite and come up with strategies to develop our nation as
Zimbabwean people so that we work together, but they are saying that people are distributing food along party lines. There is nothing of that sort.
The other issue that the President mentioned was on the issue of corruption. He urged people to stop engaging in corrupt activities. Where would you get such a leader who denounces corruption in the councils and even amongst us or wherever? Even amongst us as MPs, there is corruption because your secretary in your constituency is your relative and that corruption.
President Mugabe said that we should stop corruption and even us as hon. members, we should stop engaging in corruption. The Bible says do not see the speck in someone else’s eye before you remove the log in yours. It is also good that President Mugabe denounced corruption. It is now up to us as hon. members to sit down and do the right thing. We pray to God to bless us with rain, then we will engage in agriculture. I equate the opposition to Satan because Satan tempts the Christians. So, I am appealing to the opposition to give us less temptations and let President Mugabe do his work.
*HON. ZWIZWAI: On a point of order Madam Speaker. My point of order is that, the Hon. Member who was speaking said that the Opposition in Zimbabwe is similar to Satan. I do not know the size of the paper he is using to smoke some substance, because he is drunk. We do not view these as good words. The Satan we know does not comb his hair, is a scary human being, smokes toxic drugs and is quarrelsome. I therefore request that the Hon. Member withdraws his statement that we are similar to Satan. Satan was seen walking in Norton.
HON. MATANGIRA: Thank you Madam Speaker. I did not say those words but they are being placed into my mouth. I said – [HON. MEMBERS: Inaudible interjections.] - let me speak in English maybe they will be able to understand. Can I speak in vernacular? I said, in heaven, where God resides, before creation, God was ruling in the company of angels. However, another angel called Lucifer desired to be like God, that is when opposition started in heaven – [HON.
MEMBERS: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Can we have order in the
House. Hon. Members on my right, order.
*HON. ZWIZWAI: Thank you Madam Speaker. We take the
issue of being belittled and labelled, that the opposition is similar to
Satan with the condemnation it deserves. What I am requesting you
Madam Speaker is that the Hon. Member’s speech has been recorded. What he just said now is not the same as what he said earlier on. We still stand by our point of order and we do not allow the Hon. Member to abuse his privileges here by scolding us. If the recording of this debate is published, we ask that he be charged with contempt of Parliament.
THE HON. DEPUTY SPEAKER: Order Hon. Members, you
asked for a point of order and I asked the Hon. Member to explain what he said. Before I gave a ruling, you stood up for another point of order. You did not give the Chair the chance to give a ruling, of which I think it is not appropriate.
HON. MATUKE: Madam Speaker, I move that the debate do now adjourn.
HON. NDUNA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 26th October, 2016.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE PORTFOLIO COMMITTEE ON SMALL AND MEDIUM
ENTERPRISES AND COOPERATIVE DEVELOPMENT ON
OPERATIONAL ENVIRONMENT IN ZIMBABWE ON THE ORDER
PAPER.
HON. MANGAMI: I move that the motion on the First Report of the Portfolio Committee on Small and Medium Enterprises and
Cooperative Development on the Operational Environment and Economic Contributions of Small and Medium Enterprises and the informal sector in Zimbabwe which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. KWARAMBA: I second.
Motion put and agreed to.
Before the Fourth Order of the Day was read, Hon. Wadyajena was asked to approach the Chair.-[HON. MEMBERS: Inaudible
interjections.] –
THE HON. DEPUTY SPEAKER: Order! -[HON. MEMBERS:
Toda report iyoyo. Tiri kuida. Tirikuda kui debator. Takapedza semamembers ecommittee iyoyo. Wadyajena usaende gara pasi.
Hazviite. Report iyoyo yakatomirirwa na President na Vice President.]- – Order, order please. Can we have order in the House? Hon. Members, you have been calling for the report of Hon. Wadyajena –[HON.
MEMBERS: Yes!]- There are some corrections which we ….. –[HON.
MEMBERS: Aaah! Takapedza kudhara nereport iyoyo.
HON. TOFFA: On a point of order, that report was collected last week. They stopped it last week and they cannot stop it this week, no!
HON. SITHOLE: Mirai nditaure ndini seconder.
THE HON. DEPUTY SPEAKER: Are you refusing me the right to explain what is taking place. Hon. Members, the Hon. Member is going to present his report tomorrow –[HON. MEMBERS: No, no, no!]. -[HON. ZWIZWAI: Inokorekitwa nani pasina Committee iri kusitter tomorrow. Nobody has the right to temper with our report]-[AN HON.
MEMBER: Chokuda haafanirwe kupinda mupolitics uyu.] – [HON.
ZWIZWAI: Toda report izvozvi. Musade kudzvanyirira mwana.
Mangwana zvinofuma zvonzi Wadyajena aurawa.] –
Hon. Zwizwai, please take your seat. We have procedures that we follow in this House. We have procedures and so we have to follow procedures.-[HON. ZWIZWAI: Procedure ndeyekuti kana tapedza seCommittee tapedza.] –
HON. NDEBELE: On a point of order Madam Speaker, in terms of Section 68 (d) of our Standing Rules and Orders, I am allowed as a member of this House to stand up and say what I feel like. I think you are clearly in contempt of parliamentary procedure and we are not ready to accept you turning this into a ZANU PF meeting –[HON.
MEMBERS: Hear, hear]- -[AN HON MEMBER: Tipei report.
Irikubuda nhasi. We want to hear that report.]-
*HON. CHINOTIMBA: On a point of order Madam Speaker. My point of order is that the President and the ruling party are not corrupt people and neither do they promote corruption. We realise that in other countries like South Africa, people like Zuma are having to account for the corrupt activities they did. We as ZANU PF or you as the Chair are not supposed to protect a person engaged in corruption from being brought to book –[HON. MEMBERS: Hear, hear!]. A person should face the consequences of his actions - [HON. MEMBERS: Inaudible interjections] - Madam Speaker, I am not through with my point of order. The men and women who fought in the liberation struggle did not go to war so that one person could benefit.
What we want in this august House as Hon. Members, …
*THE HON. DEPUTY SPEAKER: Order Hon. Members. Hon.
Chinotimba is speaking well but if you are making noise, how do we hear him.
*HON. CHINOTIMBA: Let me finish off. I want to finish off Madam. We asked the Leader of the House on what the policy says concerning corruption and he said that no one is above the law. So, if no one is above the law, then let those corrupt people be brought to book and speak for themselves. What we do not want when we leave this august House is to be accused of protecting our people. We do not want to hear that we are protecting corrupt people. If I am the one who has engaged in corrupt activities, if Chinotimba has been corrupt, then let the nation know that Chinotimba is corrupt. Even the army also noted yesterday that corruption is now a cancer and we want those people engaged in corruption to be brought to book. Thank you.
*THE HON. DEPUTY SPEAKER: Hon. Chinotimba, I hear what you have said. Hon. Members, your noise has become too loud and full of excitement. I want to give a ruling on what was said by Hon. Chinotimba. No one is being protected. If reports have been submitted to the Speaker, he corrects them. It might be the language – [HON.
MEMBERS: Inaudible interjections] – I have given Hon. Wadyajena the permission to present his report now.
HON. P.D. SIBANDA: I have got a point of order.
THE HON. DEPUTY SPEAKER: Can we please minimise the
points of orders so that we can go to the report. What is the point of order now because you have been complaining about the presentation of the report?
HON. P.D. SIBANDA: True Madam Speaker. We cannot entirely say because you have made a ruling then we should proceed. I believe that whatever was taking place between your Chair and the Chair of the administration needs a special Committee of Parliament to investigate. We believe that there is something – [HON. MEMBERS: Inaudible interjections] – Hon. Speaker, as I finish my point of order, we believe that there is something scandalous that was taking place between your Chair and the Chair of the Clerk of Parliament – [HON. MEMBERS:
Yes!] – Whatever was taking place was attempting to subvert the role of
Parliament as is provided by Section 119 of the Constitution. As a result Hon Speaker, I request that you make a ruling that a special committee of Parliament be established to investigate whatever was taking place and corrective action be taken so that such issues cannot be allowed to take place again in the future. Thank you.
THE HON. DEPUTY SPEAKER: Hon. Member, there is no
need for an investigation because I was not here from the beginning. Mr. Clerk was advising me on what took place while I was away. So there is nothing scandalous here.
MOTION
FIRST REPORT OF THE PORTFOLIO COMMITTEE ON YOUTH,
INDIGENISATION AND ECONOMIC EMPOWERMENT ON
MARANGE-ZIMUNYA COMMUNITY SHARE OWNERSHIP
TRUST
HON. WADYAJENA: I move the motion standing in my name
that this House takes note of the First Report of the Portfolio Committee on Youth, Indigenisation and Economic Empowerment on Marange-
Zimunya Community Share Ownership Trust .
HON. SITHOLE: I second.
HON. WADYAJENA:
FOREWORD
The Constitution of Zimbabwe states explicitly that; S3(2)(f) The principles of good governance, which bind the State and all institutions and agencies of Government at every level include - respect for the people of Zimbabwe, from whom the authority to govern is derived. This constitutes an important obligation to all citizens to not only make good on promises of development and prosperity, but to offer leadership that is defined by transparency, integrity and accountability. Our leadership, ultimately, is in service of the people; s3(2)(g) Transparency, justice, accountability and responsiveness.
In as much as the politicians and public representatives of the day are expected to provide solutions to the most pertinent challenges faced by the people they represent, they must, with equal fervor, admit when they have failed. This humility will allow us as a nation to not only learn and grow from our mistakes, but will ensure that the electorate is certain of the sincerity and good faith of its leadership.
The promises that the Government makes to citizens of Zimbabwe, as well as the confidence the citizens hold in the Government cannot be taken for granted and must be honoured and safeguarded, always. While this inquiry brings to light damning evidence of misrepresentation and impropriety by some public officials to the people of Zimbabwe in general and the communities of Marange-Zimunya in particular, it offers an opportunity to fully hold to account those responsible for the deliberate deception to H.E Cde. R.G. Mugabe and the communities that agreed to erstwhile sacrifices in the name of the nation's progress. To leave one's home, making way for development, even on the promise of a better life is neither a light feat nor an easy task. We as Zimbabweans know only too well how intrinsically bound we are to the land of our ancestors and know the spiritual symbolism of home. We must know, then, that when we beg such sacrifices from our citizens, we are morally obliged to honour all of the guarantees we make to them. It then becomes not only folly but disingenuous and treacherous for politicians and public servants alike to prejudice the good people of this nation of any entitlements for personal benefit on account of the temporary position of borrowed power they exercise.
The Committee hopes that this report provides adequate basis for redress of wrongs committed against the communities of MarangeZimunya and further hopes that the Government of Zimbabwe will take the requisite actions to restore the confidence of the people of this community and the nation at large.
1.0 INTRODUCTION
1.1 Zimbabwe’s Indigenisation and Economic Empowerment Programme is an endeavour by the Government of Zimbabwe to economically empower the previously disadvantaged and economically deprived majority of indigenous Zimbabweans, by guaranteeing them ownership and control of the country’s natural resources and the national economy. Zimbabwe’s Indigenisation and Economic Empowerment Regulations establish various mechanisms for delivering this broadbased empowerment, including the Community Share Ownership Trusts (CSOTs). CSOTs are established in terms of Section 14B of the 2010
Indigenisation and Economic Empowerment Act [Chapter 14:33] as read with the Indigenisation and Economic Empowerment General
Regulations of 2010 to provide surrounding communities whose natural resources are being explored by any ‘qualifying business’ a guaranteed shareholding in businesses that are active in their area.
CSOTs are constituted by a Deed of Trust presided over by trustees comprising Chiefs, Local Government Authority representatives and representatives from interest groups within the community. The key objective of CSOTs is to facilitate development and stimulate growth of the local economy while adding value to the wider national economy. To date, a total of 61 CSOTs have been duly registered with the Deeds Office. Of these, 60 are located in rural Zimbabwe, with one being situated in the urban area of Mabvuku -Tafara.
There has been wide-spread concern around the perceived general failure, maladministration and abuse of the country's 61 established
CSOTs, including the Marange-Zimunya Community Share Ownership Trust (M-Z CSOT). These concerns arose against a backdrop of various unfulfilled commitments by qualifying businesses to provide capital that facilitates administrative and local development activities as pledged.
Specifically, misgivings around the efficacy of the M-Z CSOT emanate from reports that despite the extensive mining of diamonds in the area, which is believed to be among those with the highest probable reserves globally, the local communities have not benefitted in any meaningful way. In particular, reports from community interest groups and the media alleged that the communities continue to languish in poverty and underdevelopment, unable to access the most basic services, including healthcare, schools and clean water[1]. This was suggested to be, in part, as a result of six diamond mining companies not honouring a number of key commitments made to the communities, including a $50 million contribution towards the MZ CSOT, the provision of $1,000 in compensation to families relocated from Chiadzwa mining field and derisory land allocated to resettled families.
1.2 In accordance with its mandate to examine the administration and policies of the Ministry of Youth, Indigenisation and Economic Empowerment, and matters falling under its jurisdiction, the Committee embarked on an enquiry to establish the extent of these claims. To this end, in launching its investigations the Committee set out to achieve the following objectives:
- i) To determine the nature of the commitments made by Anjin
Investments, Diamond Mining Company, Mbada Diamonds, Marange Resources, Jinan Investment Private Limited and Rera Diamonds to the Marange-Zimunya Community Share Ownership Trust; ii) To understand the obligations, if any, binding Anjin Investments,
Diamond Mining Company, Mbada Diamonds, Marange Resources,
Jinan Investment Private Limited and Rera Diamonds to the Marange-Zimunya Community Share Ownership Trust; iii) To analyse the causes of the failure of the implementation and operationalisation of the Marange-Zimunya Community Share Ownership Trust; and iv) To ascertain the nature and extent of the challenges faced by families relocated from the Chiadzwa mining fields.
This Committee Report is a culmination of observations emanating from the investigation. It presents:
- Background information on indigenisation and economic empowerment and the Zimbabwe Agenda for Sustainable Socio-
Economic Transformation (ZIMASSET);
- Outline of issues linked to the failure to effectively implement the relocation of displaced villagers in ARDA Transau by the diamond mining companies;
- Summary and outcomes of oral evidence gathered;
- Committee findings and;
2.0 BACKGROUND
2.1 A number of factors motivated the necessity for this inquiry. These included, firstly, the prominence of CSOTs in the national development agenda as identified in the Indigenisation and Economic
Empowerment Policy and the Zimbabwe Agenda for Sustainable Socio-
Economic Transformation. Failure to recognise the central role that CSOTs are intended to play in socio-economic prosperity, and consequent failure to efficiently implement and operationalise CSOTs by key stakeholders provided just cause for examination. Secondly, the lack of clarity of the exact nature and extent of commitments (as well as conflicting claims of the same) made by relevant mining companies and other stakeholders towards the M-Z CSOT provided grounds for concern. Thirdly, disturbing reports of the bitter disappointment on the part of families relocated from the Chiadzwa mining fields around the non-remittance of their compensation funds, the inadequate size of the newly allocated plots and their inability to access basic services appeared to constitute unmet obligations on the part of the mining companies. Fourthly and finally, the proposed consolidation of all Zimbabwean diamond concessions and companies and the inheritance of all assets and liabilities of existing mining companies by Zimbabwe Consolidated Diamond Corporation brought to bear the question of what the exact obligations would be in respect to the M-Z CSOT. These issues gave basis for the pursuit of an investigation by means of oral and written submissions of evidence by related stakeholders as well as fact-finding missions to relevant localities.
2.2 Policy Framework
The Indigenisation and Economic Empowerment Policy informs and guides the coordination of the national indigenisation and economic empowerment agenda primarily through the implementation of the Indigenisation and Economic Empowerment Act [Chapter 14:33] as read with Indigenisation and Economic Empowerment regulations of 2010. The policy, if well implemented, facilitates the institution of measures to ensure participation in the economy by a broad spectrum of the indigenous Zimbabwean population. Thus, the policy drives a noble cause of economically empowering indigenous people who were historically disadvantaged before and after our independence in 1980. The Act seeks to bestow majority ownership and control of the country’s resources to the black majority. More specifically, the Act advises that at least: “51 per centum of the shares of every public company and any other business shall be owned by indigenous Zimbabweans”. The Indigenisation and Economic Empowerment Act also provides for the creation of an Empowerment Fund to finance the acquisition of working capital, shares, and other forms of finance for indigenous people.
2.3 ZIMASSET and Community Development
The Zimbabwe Agenda for Sustainable Socio-Economic
Transformation not only complements the Indigenisation and Economic Empowerment Policy in its goal to revive the economy, but maintains indigenisation and empowerment as its core thrust. The foreword of the blueprint, penned by His Excellency, President Robert Mugabe, reads, “ZIM-ASSET was crafted to achieve sustainable development and social equity anchored on indigenisation, empowerment and employment creation which will be largely propelled by the judicious exploitation of the country’s abundant human and natural resources.” Additionally, the Cluster on Social Services and Poverty Reduction directly refers to the establishment of CSOTs as a key deliverable for improved economic empowerment and indigenisation. CSOTs, therefore, act as vital vehicles through which some of the ends of ZIM- ASSET are to be met.
The M-Z CSOT was officially launched on 25 July, 2012 by
President Mugabe. It is at this launch that the five companies operating in the area, namely, Anjin Investments, Diamond Mining Company,
Mbada Diamonds, Marange Resources and Jinan Investment Private
Limited, allegedly pledged to contribute US$10 million each to the Trust. To date, the diamond mining companies have remitted a combined total of just $400 000 out of $50 million in pledges. It is against this background that the failure by diamond mining companies to honour their alleged $50 million pledge towards the M-Z CSOT scheme is widely viewed as having stalled development programmes in the community.
2.4 Unclear Expectations
Among the factors driving this enquiry was the appearance of a lack of clarity and consistency across the five mining companies of the role they were to play in the M-Z CSOT. Anjin Investments, for instance, had previously expressed that it was not aware of the MarangeZimunya Community Share Ownership Trust (CSOT) and that it had not made any pledges towards its implementation. This was contrary to the assertions of the former Youth Development, Indigenisation and Empowerment Minister, Honourable Saviour Kasukuwere, who accused the mining companies of dishonesty. Reports of the diamond companies’ failure to pay $10 million towards the pledged $50 million target for Marange-Zimunya Community Trust, therefore, could not be understood, given reports and speculation that the companies were enjoying significant profits.
2.5 Relocated Community Members
The Committee was concerned with the relocation of the displaced villagers by the mining companies. Villagers were allocated land in ARDA-Transau but complained of being allocated one hectare plots, which were insufficient in meeting their needs. It was also reported that their compensation of $1,000 per family has not been remitted (this was still the case as of March 2016.)
2.6 Consolidation of Diamond Concerns
The Zimbabwe Consolidated Diamond Corporation (ZCDC) seeks to amalgamate all diamond concessions in the country. ZCDC will inherit both the assets and liabilities of the diamond mining companies, including the pledges towards share ownership trusts. Minister of Mines and Mining Development, Honourable Walter Chidhakwa has stated that the new diamond firm will honour the $50 million pledge to the Marange-Zimunya Community Share Ownership Trust “The successor company will inherit both assets and liabilities of the merging companies…What this means is that companies in Marange, as is the case, took a position on the community share ownership trust…The new company will take over that responsibility and will, therefore, have to fulfill that pledge.[2]” As such the exact nature of this commitment must be established and clarified for the benefit of the communities and the
ZCDC.
3.0 METHODOLOGY
In undertaking this enquiry, the Committee adopted the following methodology:
3.1 Oral Evidence Sessions
The Committee held oral evidence sessions with the following key stakeholders:-
- The board of Trustees of the Marange-Zimunya Community Share
Ownership Trust on 13 and 27 February, 2014;
- The Diamond Mining Companies (i) Anjin Investments (ii)
Diamond Mining Company (iii) Mbada Diamond (iv) Marange
Resources and (v) Jinan Investment Private Limited on 07 March,
2014;
- Honourable Christopher Mushowe, then Minister of State for
Provincial Affairs, Manicaland Province on 10 April, 2014;
- Honourable Francis Nhema, then Minister of Youth, Indigenisation and Economic Empowerment on 03 April, 2014 and 26 June, 2014;
- Honourable Walter Chidhakwa, the Minister of Mines and Mining
Development on 12 March, 2015;
- Masunga, Acting Permanent Secretary for Youth,
Indigenisation and Economic Empowerment on 07 May, 2015;
- Chizhou, then Acting General Manager of Zimbabwe Mining
Development Corporation (ZMDC) and the Acting Permanent
Secretary for Mines and Mining Development on 7 May, 2015;
- Honourable Saviour Kasukuwere, then Minister of Youth,
Indigenisation and Economic Development on 9 July, 2015;
- Honourable Obert Mpofu, then Minister of Mines and Mining
Development on 30 July, 2015;
- Zimbabwe Diamond Workers Union on 14 April, 2016 and;
- Jinan Investment Private Limited on 23 June, 2016
3.2 Written Submissions
The Committee received written submissions from the Board of Trustees of the Marange-Zimunya CSOT; Zimbabwe Diamond Workers
Union as well as from participants on the Public Hearings.
3.3 Fact-finding Visit
The Committee undertook a fact-finding mission to Chiadzwa and the ARDA-Transau resettlement area from 31 March to 01 April, 2016 which included:
- A meeting with the Provincial Administrator in Mutare;
- Visits to the Corporate Social Responsibility projects in Transau
Estate, including Welling Primary School and Charasika Primary
School built by Mbada Diamonds; Anjin Investments Water
Reticulation Plant for villagers relocated in Transau Estate; and
- Visits to Mbada Diamonds Corporate Social Responsibility projects, including St. Noah College and the Chiadzwa sub-chief homestead, both built by Mbada Diamonds;
3.4 Public Hearings
The Committee conducted public hearings and evidence gathering exercises at Chirasika Business Center (ARDA Transau), Zimunya Business Center on 01 April, 2016 and Bambazonke Business Center,
Marange 02 April, 2016.
4.0 ORAL SUBMISSIONS TO THE COMMITTEE 4.1 Marange-Zimunya CSOT Board
The Board of the Marange-Zimunya CSOT appeared before the
Committee twice, on 13 and 27 February, 2014. The Chairperson of the
Trust, Chief Marange, informed the Committee that in June 2013, the
Trust received USD 400,000 in their account. He further informed the Committee that the Trust was astonished about the amount deposited given that during the official M-Z CSOT launch, a cheque of USD 1.5 million was displayed. Chief Marange pointed out that they were surprised to receive USD 200,000 apiece from Marange Resources and Mbada Diamonds instead of the USD 50 million, USD 10 million apiece from the 5 major mining companies in the area.
4.1.2 The Trust Secretary Mr. Chinaka highlighted that the Trust was facing challenges in managing the public expectations as the mining companies were not remitting funds into the Trust. He indicated that the communities were expecting projects to the tune of USD 50 million but the Trust was working with the sum of USD 400,000. Meeting public’s expectation was an unattainable task, a point reinforced by Chief Marange who lamented that the rumour mill at the time was awash with stories that the Trustees were abusing the Trust funds. Chief Zimunya also questioned why the USD 1.5 million which was displayed at the launch amid pomp and ceremony had not been remitted to the Trust. He accused the mining companies of misleading and lying to the President on the amount of money to be released. Chief Zimunya further challenged the National Indigenisation and Economic Empowerment Board (NIEEB) to explain to the Trust and the Committee why the rest of the money had not been released.
4.1.3 Chief Zimunya informed the Committee that there was interference by the Provincial Leadership in the operations of the Trust and within the mining companies. He alleged that this interference by the political leadership could be the reason behind the failure by the Mining companies to fulfill their pledges. He emphasised interference by ZANU PF political leadership in the Province led by Mr. Didymus Mutasa, the then Head of Manicaland Province who has since been expelled from the ruling Party. He further alleged that there were cash donations and motor vehicles donated to individuals and not to the Trust which could have contributed to the companies not meeting their obligations. Chief Zimunya challenged the Committee to go on the ground and investigate why the funds had not been remitted into the
Trust account two years after the launch of the CSOT.
4.2 Marange Resources
4.2.1 On 7th March, 2014, Marange Resources made its presentation to the Portfolio Committee on Youth, Indigenisation and Economic Empowerment. The company informed the Committee that it fully complied with the Indigenisation and Economic Empowerment Act: that it was 100% Government owned; and 100% Zimbabwean in its management structure. The company reported that 92% of profits generated were spent in the local economy, and that only 8% was used to source raw materials that could not be sourced locally. In terms of employment, the company reported that 54% personnel were recruited from Marange-Zimunya area and 46% from other areas of the country;
90% of workers were said to be males while 10% were females; and that 75% of 589 workers were youths, in the age group of 40 years and below.
4.2.2 The Committee was informed that in its social corporate responsibility, a total of $22 million, between 2011 and 2013, had been disbursed of which 86% went to the relocation exercise, where out of a target of 350 houses, it built, 184 houses and relocated 116 households. Other areas of Social Corporate Responsibility include education, sport, and subsistence assistance including school feeding programmes for local schools, and distribution of food hampers and agricultural inputs to households, as well as construction of community projects which include Marange Vocational Center, Marange Hospital donations,
Murwira Children's Home, and Zororai Old People's Home. 4.2.3 The Committee was informed that the company's contributions to its Corporate Social Responsibility projects had been hampered by liquidity constraints in the economy; as a result the company was facing acute shortage of working capital and capacity constraints. Consequently, it was experiencing difficulty in contributing towards the $50 million for the M-Z CSOT. However, the company informed the Committee that it had made a contribution of $200 000 from the 2 million dollars it was supposed to contribute towards the Trust Fund. The company further alleged that from the onset, the pledges were prorated in line with the capacity of the company. Thus, Marange Resources would contribute 2 million and not 10 million. The Committee heard that there was no documentation on the pledges to be paid to the Marange-Zimunya Community Share Trust.
4.3 Diamond Mining Corporation (DMC)
4.3.1 On 07 March, 2014 Diamond Mining Corporation (DMC) made its presentation to the Committee. The Committee heard that the diamond mining company was summoned for a meeting at the Ministry of Mines chaired by the Permanent Secretary, Prof. Gudyanga, to discuss the CSOT. The discussion centred upon a collective contribution of USD 10 million which was needed as a capital investment by the trustees on a diamond mining project on behalf of the community. The company alleged that during the discussion it was understood that a concession area was already allocated to the community by Government and that capital investment was all that was needed. The company further alleged that of the USD 10 million to be paid, each company was to contribute USD 1.5 million dollars. The company informed the Committee that pursuant to the launch of M-Z CSOT, it expressed commitment to pay USD 1.5 million in small amounts. The company further mentioned that contrary to its pledge, it later learnt that USD 1.5 million was required immediately and as a lump sum, an undertaking that was not achievable for the company. The Committee learnt that the matter was brought up at several meetings held between the mining company and ZMDC wherein clarification was sought and correction was called for. The company alleged that ZMDC responded by saying that the matter was decided at a higher level and would be addressed in due course but was later advised by ZMDC not to make a contribution to the CSOT.
4.3.2 DMC further highlighted challenges of weak coordination between relevant authorities, trustees, and mining companies to see through the successful implementation of the Trust fund. It was the view of DMC that USD 1.5 million per company should be spread over smaller payments rather than being paid at once. The company reported that it had relocated 50 families, yet from the progress reports on relocation provided by the Provincial Administrator's Office, had only constructed 30 houses and relocated 30 households, out of a target of 114 households. The company also informed the Committee that it was involved in sinking boreholes, the supply of seeds, fertilizers, food packages and cash hand-outs, yet during public hearings, such schemes were said to have stopped as far back as 2012.
4.4 Anjin Investments
4.4.1 On 07 March, 2014 Anjin Investments made its presentation to the Portfolio Committee on Youth Indigenisation and Economic Empowerment. The Committee was informed that the company was compliant with the Indigenisation Act being a joint venture company between Afec and Matbronz on a 50:50 basis. On the payment of the pledged USD 1.5 million towards the Marange-Zimunya Community
Share Ownership, the company reported that it was advised by the then
Minister of Youth, Honourable Minister Kasukuwere that payment of the
USD 1.5 million was supposed to be paid over a period of five years, rather than a once off payment. The General Manger, Public Relations, Mr. M Machacha emphasised that Honourable Minister Kasukuwere knew there was no money to honour the dummy cheque but insisted on the President presenting the said dummy cheque.
The Committee heard that the company was not making its payments towards the Trust Fund, because when the pledge was made, the economic situation was 'good' and that the company was now facing cash-flow challenges and decreasing productivity and sales were declining. The company also informed the Committee that in spite of the decline in productivity and sales, it had built a total of 471 houses, primary and secondary schools, clinics and a shopping centre and water reticulation for the villagers’ relocation to ARDA-Transau at a cost of USD 80 million. Other Corporate Social Responsibility projects were said to include the provision of treatment to 800 relocatees suffering from eye cataracts and sending students to study in China.
4.5 Mbada Diamonds
4.5.1 The Committee was informed that since its inception, Mbada
Diamonds had exceeded the USD 1 billion mark in its turnover and that the bulk of the money was remitted to the national fiscus. The company stated that at one point Mbada Diamonds was contributing USD 15-20 million a week into the national fiscus. The Committee established that Mbada Diamonds had not pledged any contribution to the CSOT but stands ready to contribute to the fund to help improve the lives of people in the community. The Committee also noted that the USD 200, 000 dollar contribution Mbada Diamonds made to the CSOT was under its
Corporate Social Responsibility programme.
4.5.2 The Committee gathered that the Chairman of Mbada Diamonds, Dr Mhlanga, was one hundred percent certain that he never pledged anything to the Trust and that Mbada Diamonds was not represented at the launch. He also dismissed as malicious fabrication of the rumour that Mbada Diamonds gave Mr. M. Madiro cash or vehicles or any gift whether in kind or otherwise.
4.6 Honourable Francis Nhema, then Minister of Youth
Development, Indigenisation and Empowerment
4.6.1 Honourable Nhema, Minister of Youth Development,
Indigenisation and Empowerment, confirmed to the Committee that there was no written agreement and/or correspondence between the Ministry of Youth Development, Indigenisation and Empowerment, and the Companies on the USD 50 million dollar pledge. The Minister alleged that the pledge was made in a meeting, and no minutes of proceedings were produced. He pointed out that he had not seen any documentation from the companies to the Ministry and vice versa, he stated that no written agreement existed although he assumed there was a “gentleman’s agreement.”
4.6.2 Honourable Nhema pointed out that in any event, if he were to meet with the mining companies, the Ministry of Mines and Mining Development would be present because the companies fall under the jurisdiction of that Ministry. He expressed concern over the negotiations, noting that they were not holistic and did not involve all stakeholders. He pointed out that had all parties been present during the discussions, there would have been more transparency. Honourable Nhema informed the Committee that the Ministry had learnt that in all dealings and pledges, all interested parties must be represented so that work is done amicably by all parties and that everything be documented to enable
easy follow-ups. The former Minister further stated that the correspondence purported to have been signed by his predecessor, Hon. Minister S. Kasukuwere did not exist at his offices and even security had failed to track and locate it.
4.7 Honourable Christopher Mushowe, then Governor of Manicaland Province
The Committee was informed that on 20 August, 2012,
Honourable Mushowe received a letter from Hon. Minister Saviour Kasukuwere requesting him as Governor to make follow ups and ensure that the pledges made by the diamond mining companies were met for the benefit for the Marange-Zimunya Communities. The Committee established that Honourable Mushowe told some companies verbally that they should honour their pledges and that he wrote formally to Anjin reminding them to honour their pledge. He pointed out that he had written to Anjin only because Anjin was the only company that came to the launch and had presented the USD 1.5 million dummy cheque. He further pointed out that he made follow-ups via telephone reminding
Anjin to deposit the amount pledged to the CSOT.
4.8 Honourable Walter Chidhakwa, Minister of Mines and Mining Development
The Committee gathered that when the Minister of Mines and Mining Development, Honourable Minister Chidhakwa, had a meeting with the mining companies, they informed him that at the inception of the M-Z CSOT, there was no meeting held to discuss contributions to the CSOT. The Committee heard that the companies further alleged that no discussions were made on the amounts that would be deposited in accounts, the manner and the purpose of the CSOT and how it linked with the companies’ Corporate Social Responsibility. He informed the Committee that the companies had shown commitment that they were ready, willing and able to discuss with Government on the figures to be paid because the figures that were mentioned during the launch of the CSOT, were only mentioned but had never been agreed to. He further elaborated that the companies reiterated that a meeting was never held to discuss the sum that each company would pay into the CSOT.
4.9 Mr. Masanga, Acting Permanent Secretary Youth,
Indigenisation and Economic Empowerment.
The Acting Permanent Secretary informed the Committee that in terms of Clause 3 subsection 2 of Statutory Instrument 21 of 2010, the Minister of Youth, Indigenisation and Economic Empowerment, and the company that is exploiting the resources within various communities, have to agree to the value of share and other interests to be disposed to the CSOT taking into consideration the State’s sovereign ownership of the resources being exploited. In this vein, with regards to the MarangeZimunya Community Share Ownership Trust, he alleged the Minister responsible had met with the mining companies and pledges were made formally in spite of being unable to produce correspondence to that effect.
4.10 Mr. Chizhou Acting Permanent Secretary Mines and Mining Development and ZMDC Acting General Manager.
4.10.1 He informed the Committee that when the President launched the M-Z CSOT, there was a reported USD 50 million initial contribution by the 5 diamond mining companies in Chiadzwa. This meant that each entity was to contribute $10 million. He further pointed out that the launch was conducted solely by the Ministry of Youth, Indigenisation and Economic Development with the ZMDC only being invited to attend the event but that it was not involved in meetings prior to the launch or preparations to the launch.
4.10.2 The Committee learnt that the Ministry of Mines and Mining Development called upon ZMDC to ensure that the diamond mining companies deposit an initial amount of USD 200,000 to the M-Z CSOT bank account. The Committee was further informed that ZMDC called for a meeting wherein companies were urged to concur with the Ministry’s directive of making remittances to the Trust. In the meeting, it was noted that each diamond mining company was required to make a payment of USD 200,000 to the account with immediate effect. 4.10.3 The Committee determined that there was no correspondence from Hon. Minister Kasukuwere, the former Minister of Youth, to Hon. Minister Mpofu, the former Minister of Mines in relation to the M-Z CSOT. Mr. Masunga stated that the pledges were verbally made and that there wasn’t any correspondence or existing minutes to that effect. Mr. Masunga emphasised that the pledges were not in writing and they had consulted thoroughly within the Ministry of Youth and had gone through all the files but could not find any correspondence or minutes regarding the pledges.
4.11 Honourable Saviour Kasukuwere, then Minister for Youth
Development, Indigenisation and Empowerment
4.11.1 The Committee heard that the former Minister for Youth
Development, Indigenisation and Empowerment had engaged unnamed
"Zimbabwean Principals in the joint ventures" of the mining companies. He stressed that there was no need to sign agreements with the mining companies because Government had equal shareholding in them. He further alleged that since it was Government’s position that the alluvial resources must benefit the communities at the local level and as such, there was no need for a signed agreement with the mining entities. He argued that the discussions with regards to the empowerment of the people of Marange were handled at Cabinet and senior levels. The
Minister alleged that the Ministry of Defence was responsible for Anjin
Investments, for Marange Resources initially under Mr. Kurotwi, Director of Core Mining and Mineral Resources, and later by ZMDC which in turn was represented by the Ministry of Mines. He further alleged that the Principal for the other companies was ZMDC, a
Parastatal under the auspices of the Ministry of Mines. To this end, the Minister alleged that the people who had appeared before the Committee were not the ones he had entered into agreement with and he had never met them even at ministerial level.
4.11.2 The Committee heard, from Hon. Minister Kasukuwere, that a company owned by the people of Marange was set up and allocated a concession. The USD 50 million seed capital expected from the mining companies was to capacitate and capitalize this company to enable the community to mine and benefit from the resources. He pointed out that the companies might not have met their pledges because of lack of adequate funds. He further pointed out that Marange Resources had committed to paying a sum of USD 50 000 and that Mbada Diamonds had paid USD 400 000 into the M-Z CSOT when he was still with the
Ministry. This, however, has proven not to be a factual assertion as the
CSOT only received USD 400 000 from Mbada Diamonds and Marange Resources. He informed the Committee that he was not responsible for the dummy cheque that was displayed during the launch of the CSOT.
He explained that he did not work for BANC ABC and that he did not draw up the dummy cheque.
May I please request the video to be played for the benefit of Hon.
Members?
THE HON. DEPUTY SPEAKER: You can go ahead.
*HON. CHINOTIMBA: On a point of order Madam Speaker. I
agree with the Hon. Member on what is in his report. However on the issue of videos, I also had a video that I wanted to be put on record that sanctions were advocated for by certain individuals. On that day, the ruling from the Speaker was that no video could be played. So what I am saying is that, if this video is played, then mine which was denied should also be played.
THE HON. DEPUTY SPEAKER: Order Hon. Members. Can
we have order please? Hon. Chinotimba, does your video have anything to do with the report before the House? You are out of order.
A snippet of the video on the Launch of the Marange-Zimunya Community Share Ownership Trust by His Excellency the President was played.
HON. WADYAJENA:
4.11.3 The Minister reiterated that he did not discuss the pledge with Mr. Machacha whom he claimed was merely a Chairman of the company. He denied ever instructing Anjin to display the USD 1.5 million dummy cheque during the launch of the CSOT. He informed the Committee that since it was government policy, Mr. Machacha was instructed by the powers that be to bring the cheque, not by the Minister. He pointed out that Mr. Machacha was just an employee or somebody who had been asked to stand in for the stakeholders. The former Minister further pointed out that he had discussed the pledges with
Government, the shareholders.
4.11.4 The Committee was informed, by Hon. Minister Kasukuwere, that a position was taken by Government, the technical teams from NIEEB and the Ministry of Mines who discussed and agreed that although a percentile of Shares would be given to the community, and it was more beneficial for Government to capitalise the fund by having a seed capital of $10 million apiece. According to the Minister, it was a result of various discussions by Ministry officials that government reached an agreement on the amount to be paid with the Ministry of
Mines who were the major shareholders of the 50-50% joint ventures.
The Committee learnt that Hon. Minister Kasukuwere had not engaged General Mhlanga, CEO of Mbada Diamonds or even AFFEC shareholders who owned 50% of both Anjin Investments and Jinan mining entities. He pointed out that these entities were treated differently from the private companies because these were State linked entities. He emphasised that the understanding that $10 million apiece be availed to the CSOT was agreed to by all officials. He, however, refused to mention the names of the so called higher offices that he consulted or had given him directives to strike some working arrangement with the Ministry of Mines.
4.12 Honourable Obert Mpofu, then Minister of Mines and
Mining Development
4.12.1 The former Minister submitted that his then Ministry facilitated the actualisation of the indigenisation law but the implementation and administration fell under the purview of the
Ministry of Youth. He outlined that the Ministry of Mines and Mining Development was not involved in the engagement of diamond mining companies. He maintained that he had no recollection of any kind of correspondence from the former Minister of Youth, Hon. Minister Kasukuwere, it be on the pledges made by Diamond Mining companies or inviting him to the launch of the M-Z CSOT. He pointed out that, “This is a serious decision that would require proper documentation of that arrangement and you do not discuss such major transactions verbally. If there was such arrangement, they should have been some documentation to that effect and I am not aware of that documentation”. 4.12.2 He submitted that he did not remember entering into any agreement with ZMDC on making any pledges. He further denied the existence of any agreement, documentation or discussion arrangements on the USD 10 million pledges neither by the five diamond mining companies nor between the Ministry of Mines and Mining Development and ZMDC. He stated that he had no recollection whatsoever of any directive that was made from the Cabinet or from anywhere to his then Ministry regarding the USD 50 million pledges by the five mining companies in Chiadzwa. He further distanced himself from the activities of Hon. Minister Kasukuwere stating that he was never invited to participate at the launch of the Marange-Zimunya CSOT which was strange considering that mining firms fell under his ambit.
4.13 Jinan Mining Private Limited
4.13.1 MrGoronga, the Deputy Marketing Director of Jinan, informed the Committee that in accordance with the agreement of the joint venture between Marange Resources and AFFEC two percent of the joint venture company net profits shall be allocated for the funding of the CSOT. He pointed out that pursuant to this clause Jinan had not remitted anything to the CSOT because it has been making losses since it started operations on 5 October 2012. He elaborated that the year ending December 2013 a loss of USD 56.9 million was made and the subsequent year 2014, Jinan made a loss of USD 64.3 million. Mr. Goronga pointed out that pursuant to this, the 2% which was not on gross sales but net profit was not realised. He submitted that for the past two years excluding 2015, Jinan had not made a profit.
4.13.2 In response to the Committee’s enquiry on the USD 500 million which was siphoned from Jinan Mining Private Limited to BancABC Botswana, Mr. Goronga advised the Committee that the issue is under the Zimbabwe Republic Police, Serious Fraud Squad
Department. He further advised the Committee that the name Jinan Mining Private Limited was used by two different entities. He expounded that the monies which were coming in for investment in
Zimbabwe from AFFEC came through the account of "Jinan Mining
Private Limited" which is not the Jinan Mining Private Limited in Chiadzwa.
5.0 RELOCATION OF CHIADZWA VILLAGERS:
MANICALAND PROVINCIAL OFFICE SUBMISSION
5.1 During a courtesy call briefing with the Manicaland Provincial
Administrator, Mr. Mbetsi informed the Committee that the Local
Government, Rural and Urban Development circular No. 162 dated 18th November 1991 stated that, ‘“Any organisation which intends to implement a project that displaces people must take all the necessary measures to compensate all the people entitled to be compensated in respect of all the losses suffered including loss of land”. It was, therefore, the responsibility of the project sponsor to ensure that compensation is provided to the displaced families. The Committee gathered that when diamond mining began in Chiadzwa, Transau Estate was identified for the resettlement of the displaced families. The Committee was informed that the estate comprises 12 000 hectares, of which 500 hectares is occupied by the Grand Reef Aerodrome, leaving
11 500 hectares for the resettlement of displaced Chiadzwa villagers. The Committee heard that a committee was set up to oversee the relocation exercise process, under the Provincial Governor/Resident Minister. The resettlement committee comprised the Provincial
Administrator (Chair), Agritex Department, Irrigation Department,
Public Works Department, Ministry of Lands, District Development
Fund (DDF), Zimbabwe National Water Authority (ZINWA), Physical
Planning Department; Ministry of Education; and Ministry of Health and Child Care. The Committee was further informed that preliminary planning activities conducted included Chiadzwa household census, planning and demarcation of Transau, valuation of Chiadzwa households immovable property for compensation purpose, construction of core houses, blair toilets, roads, dip tanks, and drilling of new and maintenance of old boreholes. The resettlement was also to include establishment of social and commercial facilities and more importantly, irrigation scheme that would afford relocatees sustainable livelihoods since they would depend on food handout until the completion of the scheme.
5.1.2 The Chiadzwa Household Census to determine the actual number of affected families concluded that 31 villages with a total of 4 321 households, 11 564 cattle, 17 208 goats, 1 458 sheep and 362 donkeys would be affected by the mining activities. The Committee was informed that currently, 10 villages, with 1 800 households, had been identified for relocation on the villagized model A1 scheme, and that they will take up 4 500 hectares of the 11 500 hectares available. The homesteads constructed for relocates would consist of 3 bed roomed core house, a traditional kitchen, and a toilet, on a one hectare piece of land.
5.1.3 The remaining balance 5 000 hectares was set aside for grazing, 1 000 hectares for the development of socio-economic infrastructure, including clinics and shops, and the other 1 00 hectares is set for potential investors. Thus, a lot still needs to be done in terms of relocation of affected households. The Provincial Administrator's Office indicated that those that are yet to be relocated have been affected by pollution coming from mines. This was confirmed by villagers at Bambazonke Business Center, on 2 April 2016, where it was revealed that Diamond Mining Company (DMC) was spewing effluent into Chenyu and Singizi Rivers both of which are Save River tributaries, thereby exposing aquatic life, the surrounding villagers and livestock to contaminated water.
Table 1.0 Progress on Relocation Programme
Company | Total No. Of houses to be constructed | Total No. Of houses constructed | Total No. Of households allocated housed |
Anjin Investments | 474 | 474 | 474 |
Mbada Diamonds | 487 | 100 | 100 |
Diamond Mining | 114 | 30 | 30 |
Marange
Resources |
350 | 184 | 116 |
Jinan Investment | 350 | 110 | 31 |
Rera Diamonds | 92 | Nil | Nil |
Total | 1947 | 989 | 751 |
5.1.4 On the Marange-Zimunya Community Share Ownership
Trust (CSOT), the Provincial Administrator's Office informed the Committee that the payment of the pledged USD50 million, where individual companies were supposed to pay USD 10 million each, and the USD 1.5 million that was presented as a dummy cheque when the President launched the trust in 2012, has remained elusive. Not a single company has fulfilled its pledge. As of March 2016 the following were the payments made by companies according to Provincial
Administrator's Office:
Table. 2.0: Marange-Zimunya CSOT Income: March 31, 2016
Marange Resources | $300 000 |
Mbada Diamonds | $200 000 |
Donation - CBZ | $500 |
Donation – Agribank | $520 |
Interest | $38 092 |
Burumwe Sec Contributions | $ 3 620 |
Total Income | $542 732 |
Expenditure to date | $488 951 |
Cash at hand | $53 781 |
5.1.5 The Committee was further informed that the Trust had implemented projects in all the 36 Council Wards with a minimum of value of USD 5 000 per ward. Projects implemented in the wards ranged from borehole drilling and rehabilitation, construction of classroom blocks, construction of bridges, grading of roads and purchase of school furniture. This was confirmed during public hearings at Zimunya Business Centre and Bambazonke Business Centre in Marange. The
Trust also financed three district projects Madanga Clinic (Mutare
South), Matiza Clinic (Mutare West), and grading of roads in Mutare North. The Committee was also told that the Trust had no secretariat of its own and that its administration was run by the Council Administration through the Finance Department while the Council Engineer is handling its project management.
6.0 PUBLIC HEARINGS AT CHIRASIKA BUSINESS
CENTER (ARDA TRANSAU)
6.1 On 01 April 2016, the Committee conducted a brief public hearing at Chirasika Business Centre, ARDA Transau. The Committee was informed that Chirasika Primary School was built by Mbada Diamonds. Teachers’ accommodation is inadequate. It was also mentioned that the school comprised of 7 classrooms only, hence some lessons take place in the open and/or in makeshift classrooms.
6.2 The Committee was also informed that some homesteads built were overcrowded and in some cases muroora (daughter-in-law) is compelled to share accommodation with her in-laws. The relocated villagers also complained of high water bills at $4 per month while they paid between USD 100-150 per household for irrigation plots. The Committee was informed of severe food insecurity in ARDA Transau because their half hectare allocated plots cannot produce enough food. The villagers confirmed that during the relocation exercise they were given USD 1000 disturbance allowances.
7.0 PUBLIC HEARING AT ZIMUNYA BUSINESS
CENTRE
7.1 On 1 April, 2016 the Committee conducted a public hearing at
Zimunya Business Center. The following were the major issues raised.
7.1.2 Villagers were concerned about the US$50 million allegedly pledged by the mining companies in the Chiadzwa area, and in particular the US$1.5 million that was displayed during the launch of the M-Z CSOT which was never remitted. They alleged that either the companies did not fulfill the pledge or it was paid but was then misappropriated and did not benefit local communities. Villagers, however, acknowledged receipt of the US$5 000 from the Trust which they used to do projects, such as refurbishing of a Community Hall at Zimunya Business Center.
They had hoped that money from the Trust would be handy to rehabilitate bridges destroyed by Elnino in 2000 at Nyahuni River. They were concerns that youths in the area were made to fill out forms so that they would benefit from the pledged US$10 million from each of the companies. No such funds were availed.
7.1.3 The Committee was also informed about the DMC mining activities which pollute rivers like Singwizi yet nothing was being done to protect villagers and their livestock from contaminated water. Most speakers, especially headmen expressed concern that diamond mining companies were not employing youths from Marange-Zimunya area because they were recruiting from Mashonaland provinces. Villagers weren’t amused about the location of diamond factory in Harare yet the mining was being carried out in Marange–Zimunya area, a move which denied their local youth job opportunities. A proposal was made by the villagers that diamond mining companies should have a policy of guaranteeing 60% of jobs for local youths in order to economically empower them.
8.0 PUBLIC HEARING AT BAMBAZONKE BUSINESS CENTRE, MARANGE
8.1 Marange–Zimunya Development Trust, represented by Mr. M Tafirenyika, and The B-Ment Youth Organization in Marange-Zimunya represented by Eng. Nemasase highlighted the following major concerns in the communities about diamond mining: (i) that the government and diamond mining companies should explain to local communities about what happened to the purported US$50 million pledge, and in particular the US$1.5 million displayed at the launch of the Trust by the President in 2012; (ii) the location of diamond polishing companies in Harare while avoiding Mutare and centres like Bambazonke Business Centre which marginalizes local communities who are denied employment opportunities; (iii) that it is disturbing for local communities to receive reports that alluvial diamonds were being exhausted before communities have experienced any tangible benefits such as construction of roads, schools, clinics, and the electrification projects; (iv) that there are local projects including the 1972 Bambazonke Irrigation Plan which could improve the livelihoods of locals had the Trust fund been channeled properly towards these projects; (iv) that mining activities by companies like DMC which are polluting Chenyu and Singwizi rivers, are not made accountable for their actions.
Communities accused government, in particular the Ministry of Mines and Mining Development, of making a deal with the mining companies which benefited a few people at the expense of the affected communities. They further accused Chief Marange and Headman Chiadzwa of individually benefiting at their own expense since the companies donated motor vehicles and built homesteads for these community leaders. This was reiterated by most villagers who claimed that Government and the mining companies benefited while the communities, save for a few aforementioned individuals were languishing in poverty. They demanded that a meaningful and transparent agreement amongst the key stakeholders i.e. Government, mining companies and community was needed to enable the community to claim what was due to them.
8.2 The Committee was informed that villagers were not happy that the name of the President was abused since he officiated at the launch of the M-Z CSOT and displayed a dummy cheque of US$1.5 million which has not been honoured. There was the general perception that, as expressed by Mrs. Mavhunaga, the non-payment of pledged funds by the companies has abused the name of the President. She demanded that the person who misled the President should be arrested; failure to arrest the person would imply that the President himself had unwittingly made a misrepresentation to the people
8.3 The ZCDC has refused to take responsibility over what transpired between locals and former diamond mining companies regarding relocation and related issues. The community was concerned with the settlement of the salary arrears that were incurred by the mining companies in view of the recent mining companies’ amalgamation. They were concerned about who would take the responsibility of settling the payments. They urged government to clarify this issue and to make arrangements that benefited the locals.
8.4 The Committee was informed of police brutality to local residents during their patrols around diamond mines. Mrs. Ziduche informed the Committee that her son Fungai Ziduche sustained serious injuries leading to the loss of his testicle after he was assaulted by police.
8.5 The local traditional leadership was not happy that there was no compensation by the diamond mining companies who had destroyed local shrines, including the sacred Baobab Tree that was used as the place for rain-making ceremonies by Chief Mkwada and Chiadzwa.
8.6 The villagers could not hide their shock about the revelations made by His Excellency the President, Cde. Robert Mugabe that around $15 billion of diamond money was unaccounted for. They argued that the President must have been made aware of what was happening at the diamond fields as every Wednesday a plane would come to pick up diamonds for resale.
9.0 COMMITTEE FINDINGS
9.1 Marange-Zimunya Community Share Ownership Trust
(CSOT)
9.1.1 After being reassigned to a different ministry in September 2013, Hon. Minister Saviour Kasukuwere continued to demonstrate an unusually keen interest in his former Ministry, to the extent that he remained highly visible in the public media, commenting on issues related to the Marange-Zimunya CSOT well beyond his tenure. Additionally, when the Hon. Minister Saviour Kasukuwere finally appeared before Committee, his submission did not offer any clarity whatsoever as to the authenticity of the pledges by mining companies. Moreover, his appearance before the committee was characterized by a clear intention to obstruct the Committee’s investigations and on one occasion, he made overt threats directed at the Committee Chairperson, Hon. Justice Mayor Wadyajena.
9.1.2 The Committee is persuaded to conclude that the Diamond mining companies never at any point pledged the US$10m apiece and the nation was misled by Hon. Minister Saviour Kasukuwere. There remains neither a clear paper trail nor recorded minutes between officials from the diamond mining companies and the Ministry of Youth, Indigenisation and Economic Empowerment. The Permanent Secretary as the Accounting Officer of Ministry of Youth, Indigenization and
Economic Empowerment was never at any point involved by Hon.
Minister Saviour Kasukuwere. The absence of supporting documents of such a nationally significant transaction calls into question the official nature of the pledges, and lends credence to suspicious claims by both diamond mining companies and the community that the pledges were the singular creation of the former Minister, Hon. Saviour Kasukuwere. No due diligence was conducted in the development of the legal constitution of M-Z CSOT. In particular, that there are no proper written and or verbal contracts or agreements amongst the key stakeholders within the Ministry of Youth, Indigenisation and Economic Empowerment, the Ministry of Mines and Mining Development and diamond mining companies, reflecting the amount of money that each company should pay, the terms of payments and the reporting mechanisms. This has negatively affected the capitalization of the CSOT.
9.1.3 The Committee noted the concerns of the locals in their pursuit for redress of their grievances, that they anticipate will affect the community for generations to come. The Committee further noted the fear, rage, and pessimism of the Marange-Zimunya community around the perceived plundering of the diamonds themselves and the ensuing manipulation around the M-Z CSOT. The residents are bitter that despite being one of the most lucrative diamond fields in the world, five years after diamond mining began, their area has remained poor and underdeveloped and revenues from mineral resources have failed to lift poor people out of the shackles of poverty. The communities are crippled by degraded environments, disease, perceived and justifiably so corruption in the handling of CSOT funds, general poor service delivery and dilapidated infrastructure such as poor roads network, underrehabilitated bridges, under-equipped clinics with inadequate drug stock, and general food insecurity for the communities due to relocations from their plots, drought and general poverty. On account of non-payment of the USD 1.5 million that was displayed during the launch of the M-Z
CSOT, local residents’ hopes of benefiting from their local resources have been dashed, and led to speculation that Hon. Minister S.
Kasukuwere and the diamond mining companies misled the President, His Excellency, Cde. RG Mugabe and the nation at large. This has severely impacted negatively on the respect accorded to the President and the Chiefs in the area as reflected by the statements made by the Villagers. I want to take this opportunity to play to the House an audio on what the people of Marange-Zimunya are saying about the President and Zimbabweans.
Audio played to the House.
HON. WADYAJENA: Thank you Madam Speaker. I can see you
are now smiling.
9.2 Relocation of Chiadzwa Villagers
9.2.1 The Committee found that land at Arda - Transau is not sufficient to cater for the relocation of 31 villages with 4 321 households, yet there were no clear visible progress on the ground on the part of the Provincial Administrator's Office with regards to finding alternatively located land, except statements pronouncement that to finding alternative land was being searched outside Mutare district. 9.2.2 Five companies have not met their villagers’ relocation targets: Rera Diamond Company, which was supposed to relocate 92 households have not yet begun the exercise. Jinan Investments was supposed to relocate 350 households, has only constructed 110 houses and relocated only 31 households. Marange Resources was supposed to relocate 350, has only built 184 houses and relocated 116 households. Diamond Mining Company was supposed to relocate 114 households, has only built 30 houses and relocated 30 households. Mbada Diamonds was supposed to relocate 487 households, has constructed 100 houses and relocated 100 households. Only Anjin Investments met its target of relocating 474 households and constructed world class water works, clinic and schools for the community in addition to tarring roads. In Transau Estate, houses that have been built but not occupied and others that have not been completed are exposed to theft and vandalism.
9.2.7 The handling of exhumation and reburials of the dead of the displaced villagers remains a bone of contention between MarangeZimunya communities and diamond mining companies. While the Provincial Administrator's Office acknowledged that, nothing has been done to address this challenge.
9.2.8 There are cases of villagers, that have not been relocated being affected by mining effluent, especially in areas being mined by DMC and Jinan, and the Committee was informed by Provincial Administrator's Office that there are no formally instituted medical facilities and assistance given to the affected villagers.
9.2.9 That villagers are now supposed to pay between $100 and $150 for irrigation plots, something which is not affordable to most villagers.
10 COMMITTEE RECOMMENDATIONS
- The Committee recommends that as an absolute priority, The Ministry of Mines and Mining Development, through the new company Zimbabwe Consolidated Diamond Company (ZCDC) must expedite the relocations and compensation of displaced villagers. This process must commence within 45days after adoption of this report in Parliament and must be completed within an acceptable agreed timeframe.
- This timeframe must be established in consultation with the Board of the M-Z CSOT. Additionally, the Committee recommends that consultations are held in order that relocatees are accorded the chance to address concerns around the inadequacies of their new plots and associated services.
- A firm and written commitment by ZCDC with a clear payment plan of the $50m must be availed and agreed to with M-Z CSOT by 11 January 2017.
- That with immediate effect, any further recruitment by ZCDC must give priority to the employment of qualifying and trainable people from the local areas and adheres to standard labour practices.
- In order to establish a good rapport between ZCDC and the community, the company must respect the traditional leadership, norms, values and customs of the locals.
- Henceforth, the ZCDC should submit itself to public scrutiny in the manner of all state enterprises and parastatals to ensure it is managed with the highest levels of transparency and accountability. If this is to truly mark a departure from cloak and dagger management of the sector, then new ways of working and reporting must also be employed. With respect to community relations, it is recommended that the new company adhere to international standards of reporting around sustainability, such as GRI and ISO Standards.
- With the findings of this enquiry revealing clear deception bordering on criminal abuse of office, the Committee calls upon the Zimbabwe Republic Police, the Zimbabwe Anti-Corruption Commission, the Auditor General and all relevant authorities to institute formal proceedings within 14 days (from the day of adoption of this report) to investigate the conduct of Hon. Minister Saviour
Kasukuwere, officials from the Ministry of Youth, Indigenisation and
Economic Empowerment, National Indigenisation and Economic Empowerment Board as well as the diamond mining companies in relation to the M-Z CSOT.
- The Committee further recommends that the President, H.E Cde.
R.G Mugabe establishes a Commission of Inquiry led by a Judge or any other suitable candidate to investigate the intricate web of deceit, corruption and fraud related to the establishment and implementation of the M-Z CSOT. Further, that particular attention must be paid to a likely covert strategy meant to discredit and malign the Office of the
President.
- The ZRP and responsible authorities must work towards concluding the investigation around the alleged externalization of USD $500 million by Jinan and possibly other mining companies.
The Commissioner General of Police must issue a statement by
November 30th, 2016 on progress.
- An amendment of the Indigenisation and Economic Empowerment
Act [14:33] as read with Indigenisation and Economic Empowerment General Regulations of 2010 and the Mines and Minerals Act to reflect the legal status of Community Share Ownership Trusts, as a matter of priority.
- In general terms, a greater culture of consultation across all stakeholder groups must be encouraged within the nations' diamond mining industry. Industry practitioners and experts, policy makers, affected communities, local and traditional leadership and the general public must be afforded opportunities to participate in and contribute towards the shaping of policy in this regard. The opacity and inadequate sharing of information only gives rise to lack of understanding, suspicion and mistrust of the industry and its custodians. Practical steps must be taken to establish platforms that allow for a two-directional exchange of information and opinion. This is crucial in establishing the buy-in on policy direction by the ultimate beneficiaries of the nation's natural resources. Madam Speaker, I thank you.
HON. SITHOLE: Thank you Madam Speaker for affording me
the opportunity to contribute to this very important debate. I also want to thank the Chairperson of the Portfolio Committee on Youth,
Indigenisation and Economic Empowerment for bringing to the
House one of the best reports in the history, not only of this Parliament but in the history of humanity.
To start with, it is very important for committees to be allowed to work independently; without interference from the Clerk or the secretariat as we were seeing before the start of the debate. I say this citing Section 119, which allows Parliament to oversee the activities of the Legislature. I also cite Section 139 of the National
Constitution which also allows the setting up of Standing Rules and
Orders. Standing Rules and Orders Number 159 and 160 actually permit committees of Parliament to do investigations and monitoring of any expenditure that is done using taxpayers money.
To start with, the Zimunya – Marange Community Share Ownership Trust, the Marange area is an area which is sandwiched between the Odzi river and the mighty Save river; you know Save is very important for our national politics. The revolutionary spirits of this country, most of them emanated from Save river and that is why today the spirit of Mbuya Nehanda is upon me.
Mr. Speaker, The Marange area has a population of around 5 200 people and 80% of the population are women. The relocation that was done mainly affected women. When we visited the area, we realised that the poverty levels are very high. There is a lot of kwashiorkor, despite the fact that Zimbabwe is a signatory to the
International Convention on Economic and Social Emancipation. The relocation of the people which was done before they could set up houses for the people was actually in contravention of the policy that we actually ratified here in Parliament in July, 2013 which is the Kampala Declaration. It talks about the protection and assistance of internally displaced people. It is my request Mr. Speaker Sir, that this
House takes into consideration …
HON. MUDARIKWA: I have a point of order Mr. Speaker Sir.
THE ACTING SPEAKER: What is your point of order Hon. Member?
HON. MUDARIKWA: My point of order is, the procedure is that when a report is being debated in the House of Parliament, there must be some reports in our pigeon holes. There are no reports in our pigeon holes, so how do we contribute to the debate. I have checked in my pigeon hole and there is no report. – [AN HON. MEMBER: kunongotaura mamembers eCommittee.] – No. The procedure is that as we debate here, it is automatic that they must be in the pigeon holes. What is there Mr. Speaker Sir, it is like a Committee meeting because it is only Committee members who have the report, the rest of the Hon. Members do not have that report. I checked in my pigeon hole, it is not there.
THE ACTING SPEAKER: Hon. Member Sithole, you may
proceed we are checking on that issue.
HON. SITHOLE: I was saying this House must try to make sure
that we have a specific law that deals with internally displaced people. Historically, if you look at the records, in July 2013, this House ratified the International Convention of Internally Displaced People, which deals with the protection and assistance of internally displaced people.
Going into the report, some of the findings from the report make everyone wonder. If you do not wonder, it means you are not paying enough attention. Specifically, the issues raised to do with Hon. Minister Kasukuwere when he visited the Portfolio Committee, he reminded me of the former World Boxing Champion, Mr Tyson who would challenge everyone for a fight. The conduct that he did is in contradiction of Section 159 read in conjunction with Section 160. It is upon this House Mr. Speaker Sir, to ensure that every Minister adheres to the laws. The Standing Rules are very clear that there are privileges to Parliament and every Minister and Deputy Minister must come to answer. Mr. Speaker Sir, to quote Hon. Jonathan Moyo, he said ‘every
Minister or every senior Government official must carry his cross’. We would not want a scenario whereby senior Government officials come to Committees for hearings and they start to threaten the Committees; it is actually unconstitutional.
The other issue that I would want to raise Mr. Speaker Sir, is the issue to deal with the consolidation of the mining companies which was done under the umbrella name of Zimbabwe Consolidated Mining Companies. I am going to dwell on this consolidation because the issue will centre on corporate governance which would also influence the Community Share Ownership Trust that is supposed to be given to the community of Marange-Zimunya since the present Minister, Hon. Walter Chidhakwa stated that all the outstanding liabilities which were left with Mbada Diamonds and other mining companies will be taken over by the new mining company.
Mr. Speaker Sir, I want to dwell much on this mining company, the way it is operating and the way it is constituted. We have so many worries when we learnt that on this new mining company which is being termed a consolidation - in my opinion it is not a consolidation, it is a nationalisation; it is more of a parastatal. I would actually want to see a scenario whereby the new mining company….
THE ACTING SPEAKER: Order, order, I am going to respond
to the issue of the non circulation of the report. I am told there are few copies that have been circulated and did not reach all Hon. Members. So they are printing some more. Tomorrow morning everybody will be having his or her own copy. You may proceed Hon. Member.
HON. SITHOLE: Thank you Mr. Speaker Sir. The nationalisation of the mining sector, the mining sector is a very important sector in our economy because right now the agricultural sector is being affected by both droughts and mismanagement but largely on the mismanagement part. The mining sector has to be handled carefully and if we try to nationalise the diamond mining sector, we have a huge risk. If you look at the case studies of institutions that have been nationalised like NRZ, Air Zimbabwe and Cold Storage Commission - the way they are performing, I would not want to think it is a good move for the Government to nationalise the mining sector because it is an area which we think is going to be a cash cow for us.
In terms of corporate governance, we hear there are serious divisions between the current Minister, Hon. Walter Chidhakwa and the Permanent Secretary Mr. Gudyanga to the effect that issues of nepotism are rising and as Parliament, we should investigate them. We actually hear that there is a certain lady who has now been employed at the consolidated mine by the name of Euphrazia Ndhlovu. Euphrazia Ndhlovu happens to be a daughter of the Minister, which actually reminds us of the case of Simbarashe the son in-law to the President who is also a senior official to Air Zimbabwe. These kinds of issues would actually raise a lot of dust regarding the issue of corporate governance.
In addition to that, there is a big fight and we should know this as Parliament, between the Permanent Secretary and the Minister regarding the appointment of the Chief Executive Officer (CEO). The board actually resolved that they want Engineer Murwisi – because as we are speaking, the current consolidated mining firm does not have an engineer, it only have metallurgists and it is very difficult for us to operate as a country when we have an important asset like that mining firm which does not have an engineer.
Mr. Speaker Sir, as we are speaking, there was no exploration which was done. It was just an issue of guessing how much carats you would get on this piece of land which is not the way to do it. We should have a scientific way of doing things, otherwise we end up having a scenario like what we did recently in March at Kariba where we were told by the very same Minister that there is a discovery of millions of deposits of gold at Gachegache only to be told that there was no exploration which was done. Even in the areas where they were starting to mine, they did not even have an environmental assessment certificate from EMA. So, those issues would actually give us problems. It actually reminds us of what happened previously regarding the issue of Rotina Mavhunga where the whole Ministers, including the former Minister
Hon. D. Mutasa who went to Chinhoyi after being told that diesel would come out of a rock. So, we need scientific ways of establishing and examining how much we can get from a specified piece of land.
The other issue that I would also want to raise regarding the issue of corporate governance is the issue to deal with how the Minister is engaging and operating at the consolidated mine. Recently, when the Minister went to Zhombe, we have reports that the Minister used the car for the CEO, a Mercedes Benz top of the range, GL formatic, no. plate
ADR 1148, which is actually unheard off. Under normal circumstances, Ministers are supposed to use ministerial vehicles which would actually be serviced by CMED and everything will be checked by CMED. But if you have a whole Minister who uses the CEOs car, then the issues of corporate governance are actually compromised.
The other issue that I would want to raise which does not deal with the Gachegache issue is the issue of the 1.5 million dollars dummy cheque which was presented to the President. It is not the first time that the President has been given fake documents. Recently in this august House, the President was given a fake speech and he read a wrong speech here. Then at the launch of the Marange-Zimunya Community Ownership Trust which was done on 12th July 2012, the President was actually given a dummy cheque and when we went to investigate and ask the companies, they said they did not do any pledges to that effect but a whole Minister Hon. Kasukuwere whom we thought that by telling the President that there is a 1.5 million dollars pledge, he is being a saviour to the people of Zimunya-Marange, we realised that he is not actually being a savior. Instead of being a leader, he is actually misleading; instead of being a presenter, he is actual misrepresenting to the President.
Mr. Speaker Sir, we actually urge this House to investigate these issues and ensure that the Hon. Minister actually explains where he got that. When we asked the Minister on why he mentioned that there is a 1.5 million dollars pledge and there was no written communication or written contacts between the Ministry and the affected mining companies, the Minister said there was no need for us to do anything written since the mining companies are owned by the Government. That submission by the Minister raises a lot of questions on the capacity of the Minister. How can a Minister say we do not need a written agreement on issues to do with Community Share Ownership Trust?
For your own information Mr. Speaker Sir, the law is not very clear regarding the issue of Community Share Ownership Trusts. If you read the Indigenisation and Economic Empowerment Act from the first page to the last page, you do not even see the phrase-Community Share Ownership Trust. That is why you see in the report the words that are used there are to do with pledges. So, if there is a pledge you cannot enforce and you cannot force somebody to pledge because a pledge is not mandatory. It does not have a legal binding effect. So, that is the problem that we have with that issue.
Then the other issue that I would want to raise is the issue to do with the missing US$15 billion-the alleged missing of the US$15 billion. The Committee through its findings noted that a company by the name of Jinan externalised US$500 million and I would want this august
House to investigate this issue fully so, that we would actually know
how a company called Jinan managed to externalise such an amount of money US$500 million in one transaction to Malawi because every financial transaction that you do, be it a transfer of a US$1 using even Ecocash, the RBZ would actually know every transaction.
Actually, if there is a transfer of US$500 million, the RBZ should have known through its internal control systems that this is a huge amount of money. To make matters worse we have two companies which are registered as Jinan I do not how the Registrar of Companies managed to do that because whenever you want to register a company, the first stage is for name search. They should have picked it that there are two names and that there is another name for Jinan, but they did not pick it up. So, we actually think that there is some collusion between the Jinan mining company, RBZ and the Registrar of Companies because they should have picked it. -[AN HON. MEMBER: Matsotsi]-
Then the other issue is to do with the Act itself. The Indigenisation Act is very clear that 51% will be ceded to local indigenous people, previously disadvantaged people. If you look at the share ownership structures of these companies except for Marange, there were 50/50 which was not 51%. Marange was 100% owned by the Government, yet the very same Government would say we did not manage to locate or even to see how the 15 billion missed. How can the very same Government which is the largest shareholder in this company say they would not know how the monies got missing when they are the majority shareholders in those companies? So, we really need to investigate on
that.
Looking at the other side of the coin Mr. Speaker, we have companies like Mbada which have done some projects for the community. They have tried to build schools; they remitted around 35 million to Treasury and they have also assisted the Government in paying the wage bill for the salaries which is part of their social corporate responsibility programmes. They have spent more than a billion dollars on Government programmes then we are made to believe by the Minister that they have failed to pay 1.5 million-for me, it does not add up. It means something somewhere went wrong, the Minister did not engage the companies properly. I am sure if he had engaged the companies properly then US$1.5 million compared to the amount of money they had remitted to the Government, the fiscus and all the activities they were doing, they would have managed to do that.
[Time Limit]
HON. SITHOLE: My recommendation to this august House is the
consolidated mine should be properly investigated. Ever since it resumed business, the prices of diamonds per carat suddenly reduced by more than 80% and we actually think and suspect that there is some internal trading there. Also the companies that were closed, my recommendation is that the Government must look at each company one by one, so that we have a scientific through investigation into the operations of those companies and that a proper solution would be found not to give a blanket decision on all the companies. I thank you Mr.
Speaker Sir.
HON. MATUKE: Mr. Speaker Sir, I move that the debate do now
adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 26th October, 2016.
On the motion of HON. MATUKE, and seconded BY HON. D.
SIBANDA, the House adjourned at Nineteen Minutes to Five o’ clock p.m.
[1] The Herald, 23 March, 2016
[2] The Chronicle, 25 November, 2015
PARLIAMENT OF ZIMBABWE
Thursday, 20th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
ANNOUNCEMENT BY THE HON. SPEAKER
ERROR ON THE ORDER PAPER
THE HON. SPEAKER: I have to draw the attention of the House to an error on today’s Order Paper where the entry of Notice of Motion Number 4 by Hon. Mangami was inadvertently repeated as Notice of Motion Number 11. The second entry should be disregarded and the renumbering of the subsequent Orders of the Day should be done accordingly.
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: I move that Orders of the Day, Numbers 1 to 11
be stood over, until the rest of the Orders of the Day have been disposed of.
HON. RUNGANI: I second.
Motion put and agreed to.
MOTION
FIRST REPORT OF THE PORTFOLIO COMMITTEE ON DEFENCE,
HOME AFFAIRS AND SECURITY SERVICES ON THE LANDMINES
SITUATION IN ZIMBABWE
Twelfth Order Read: Adjourned debate on the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Landmines Situation in Zimbabwe.
Question again proposed.
THE MINISTER OF DEFENCE (HON. SEN. DR.
SEKERAMAYI): Mr. Speaker Sir, I stand before this august House to respond to the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the report on landmines situation in Zimbabwe. Mr. Speaker Sir, I would like first and foremost to thank all the members of the Portfolio Committee for the work that they did with regards the landmines situation in Zimbabwe.
I will commend on the report in terms of the observations and recommendations which they made. The observations are on page 12, paragraph 6 and the Findings are on page 12, paragraph 5.
5.1. Mr. Speaker Sir, it is true that some landmines such as the Sango Border Post to Crooks Corner and Msengezi to Rwenya River are made up of two or more minefields running parallel to each other. All the ploughshear minefields contain below and above surface mines.
It should be noted, Mr. Speaker, that these mines were laid more than 37 years ago hence; some may have been washed away. Landmines laid on flat ground will not be washed away; this happens mainly on rivers, stream banks or uphill but not completely.
The trained landmine surveyors go first into the field to establish the pattern and density of the minefield and the types of mines laid before the deminers get into the field. That is how it was established that some minefields have two minefields running parallel to each other and contain below and above surface fragmentation mines.
5.2. Mr. Speaker, it is true that animals and human action have contributed to uncontrolled detonations of landmines. It is however, not correct to say that locals have removed the ploughshear mine pickets. Instead, they removed the perimeter fence marking the minefield. Where demining has not taken place, the ploughshear pickets are still visible. Deminers are trained on missing mine drills; as such, they carry out these drills whenever they do not find all the mines in a mine cluster.
5.3. Deminers, Mr. Speaker, are provided with demining protective clothing. As from 1998 to 2010, our National Mine Clearance Squadron (NMC Squadron) deminers were using over boots but these have since worn out and are no longer in production or use anywhere in the world of demining. It is true that some, if not all, minefields have snakes but the record is we have never had an incident of snake bites on the minefield since commencement of demining in 1998.
5.4. Yes, Mr. Speaker, insects mainly the Mopani flies are not in all minefields and they are not there throughout the year. They affect the deminers during the hot season, hence our deminers start work early and when it gets hot around 1100hrs, they are out of the field. So, we have not had any insect inspired accident. As per Standard Operation Procedures (SOPs), any accident on the minefield is thoroughly investigated to ascertain the cause and also to avoid similar incidents in future.
5.5. Mr. Speaker, all ploughshear minefields have a lot of metal objects strewn all over as a result of fragmentation from the exploded above surface ploughshear mines. The NMC squadron deminers have been provided with magnetic sticks which they use to pick up above surface metal objects, hence they do not waste a lot of time using a detector.
5.6. There is not much that can be done in the thick vegetation except to cut shrubs using machetes and pruning shears. This, of course, slows down the pace of clearance which is slow by nature.
5.7. Mr. Speaker, as already alluded to. There are trained landmine surveyors. On any minefield, there is and it is a must that a non-technical survey forms the basis of demining. When demining commences, a technical survey is carried out by the survey teams who are always ahead of deminers. The deminers base their operations on the information from the survey teams. Using the global positioning systems (GPS), we have the entire stretch of the Sango Border Post to Crooks Corner minefield on
Google Earth Map. The same applies to our demining partners, Hazardous
Area Life Support Organisation Trust (HALO Trust) and Norwegian Peoples’ Aid (NPA).
5.8. Mr. Speaker, the transport for the squadron to ferry troops to and from the minefields has been addressed. The squadron now has a fleet of vehicles for both, ferrying troops and other administrative duties. The challenge still remains on ambulances and we are working on this one.
5.9. The NMC squadron now has a very reliable self-propelled water tanker and additional water storage tanks have been provided. So the problem of clean fresh water has been resolved.
5.10. There is no shortage of manpower. This year, 100 deminers were trained at the beginning of the demining calendar in March. This saw an increase from three demining troops to five plus demining troops that is 150 deminers. On equipment, there was a boost with donation from the
International Committee of the Red Cross (ICRC) in April this year. The equipment includes mine detectors, accessories and protective clothing among others.
5.11. Mr. Speaker, it is not correct that there are explosive remnants of war (ERWs) strewn all over the minefield instead as already alluded to; there are pieces of metals being fragments from the exploded ploughshear mines. ERWs are strewn countrywide as a result of the liberation war which was fought countrywide. We are not aware of animals being injured by ERWs but human beings occasionally get injured or killed when they tamper with these ERWs.
Our military engineers carryout mine risk education to communities living adjacent to minefields. They also exhibit at the Zimbabwe International Trade Fair (ZITF) and the Harare Agricultural Shows.
Whenever an ERW is reported, the military engineers dispose of it.
On tourism, it is affected by minefields not ERWs. For example, the Gonarezhou is part of the Great Limpopo Trans-frontier Park (GLTP), tourists move freely on the Limpopo National Parks in Mozambique and the Kruger National Park in South Africa. While on the Zimbabwean side, parts of the Gonarezhou National Park are affected by minefields.
6.1a. Treasury has been allocating $500 000.00 (Five hundred thousand dollars) for demining operational costs on an annual basis although in the 2016 Budget, Treasury allocated only $100 000.00 (One hundred thousand dollars) due to financial constraints facing the country.
6.1b. The Government is doing its best to rid the country of landmines. As was highlighted by the Portfolio Committee, the Government is partnered by two international demining organisations namely HALO Trust and NPA who are currently working on different minefields. The Government also signed MOUs with two additional international demining organisations in July this year (2016). These are the Mine Advisory Group (MAG) of the United Kingdom and the APOPO of Belgium. These are yet to start work. Once they commence demining, we should see a wide area being covered.
6.1c. Mr. Speaker, an appeal to the international community is always made by the Ministry of Defence officials on meetings held in line with the Ottawa Convention. However, the international donors do not channel the funds to the Government; instead, they have been increasing funding to the two partner demining organisations that is the HALO Trust and the NPA. This has enhanced the capacities of the two organisations and benefits the country all the same.
6.1d. Mr. Speaker, as already alluded to, the NMC squadron was increased by two troops that is 60 deminers who were trained and are deployed this year to boost the strength of the NMC squadron.
6.1e. The servicing of the Chikombedzi to Dumisa road should be referred to the Ministry of Transport and Infrastructural Development and the District Development Fund (DDF). This road does not serve deminers only but the entire population in areas lying between the two places. While there is need for modern technology, the demining method used by the National Mining Clearance Squadron and the Demining Partners is not peculiar to Zimbabwe. This is the best method recommended and used worldwide although other countries use Mine Detection Dogs (MDDs) and others complement manual demining with mechanical means.
6.1g. On compensation for landmine victims; identified victims are always advised to approach the Department of Social Welfare for further assistance. I am sure now that we have a fully fledged Ministry of Welfare Services for War Veterans, War Collaborators, Former Political Detainees and Restrictees, this matter is going to be resolved.
7.0 Update on the Current State of Demining
For your information, a lot of progress has been achieved on demining throughout the mined areas less the Rusitu to Mutize minefield which is yet to be started.
7.1 Musengezi to Rwenya River Minefield
There has been a lot of progress. A 29km stretch from
Mukumbura River to Gungwa is almost complete. We expect to hand over this area to the local authorities by the end of this year. The aim is to release this land before the onset of the rains so that the locals can utilize the land starting this agricultural season.
Currently, HALO Trust is demining from Mukumbura due north west, Chisecha and Rushinga. Another land of approximately 27km south of Mazoe River is most likely going to be released through technical survey. For now, we can safely say 90% of this land has been confirmed as having no landmines.
This minefield being the longest has been divided into two, with Hazardous Areas Life Support Organisation trust (HALO) remaining with the Musengezi to Mazoe River while Mine Advisory Group (MAG) takes over from Mazoe River to Rwenya River.
7.2 Sheba Forest to Leacon Hill Minefield
The Norwegian People’s Aid (NPA) has completed clearance at Border Stream and south of Forbes Border Post. Currently, they are working on the northern side of Forbes Border Post, Cecil Kopje and Imbeza. There is remarkable progress on these areas.
7.3 Sango Border Post to Crooks Corner Minefield
As the Portfolio Committee is aware, the NMC Squadron is based at Dumisa Demining Base which is 8kms north of Mwenezi. The squadron is working backwards towards Mwenezi River. Hopefully they will reach Mwenezi River by year end on the primary minefield.
Part of the squadron is at Gwai carrying out Quality Control and Post
Clearance Impact Assessment on the 8km portion of the primary minefield between Limpopo and Mwenezi Rivers. On completion of that portion, the entire 21km double stretch will be handed over to the beneficiaries.
The secondary minefield between Mwenezi River and Sango Border
Post is earmarked for APOPO, one of the two International Demining Organisations which signed an MOU with us this year.
7.4 The Ottawa Treaty Obligation
We are currently on the 4th extension period of 3 years which was granted during the Third Review Conference in Maputo in June, 2014 and expires on 1st January, 2018. We are presently preparing an eight year extension request for up to 2025 and hopefully this would be the last. By that time, if all organisations work at full capacity and throttle, we should have covered a lot of ground. If we do not complete all the minefields by that time, we will still request another extension in line with the AntiPersonnel Landmine Ban Treaty (Ottawa Treaty).
Mr. Speaker Sir, it is the hope and determination of the Ministry of
Defence that we should clear all these minefields so that our people and their herds will be able to walk freely in this country. We should also be able to release all the land that is suitable for agricultural purposes to the local population for their own benefit. I thank you Mr. Speaker.
HON. MAONDERA: I would like to applaud my colleagues on the left side for putting a lot of pressure on Hon. Ministers and Hon. Vice Presidents to attend the business of Parliament. Today, I am very happy that the Hon. VP Mphoko is with us today. We hope he will also be able to attend on Wednesdays because there are burning issues that we would want him to respond to.
THE HON. SPEAKER: Order, order Hon. Member. Are you
trying to overrule my ruling yesterday on why Hon. Ministers including the Hon. VP were not here?
HON. MAONDERA: No, I am not overruling your ruling. It is a compliment.
THE HON. SPEAKER: Can you withdraw that statement?
HON. MAONDERA: I withdraw.
HON. CHAMISA: I think it would be amiss if we were to allow this stage to pass without us appreciating the gesture of the Hon. Minister.
In the SROC, we took note of the fact that most reports were not being responded to by Ministers. So this effort must be appreciated, particularly coming from the Minister of Defence. We are very happy that our lives are in good hands when he comes to give us such a report and when he responds to Portfolio Committee Reports. It is a good gesture and if this could also be extended to other members of the Executive, this is what makes our democracy work when responses are given. Thank you very much Hon. Minister, we appreciate.
THE HON. SPEAKER: I think that observation by Hon. Chamisa is certainly a voice of this House. Hon. Dr. Sekeramayi indeed needs to be commended because he has set a good example. Other Ministers have not responded to reports of Parliamentary Committees in terms of Section 107 of the Constitution. So, thank you Hon. Minister.
HON. MUDEREDZWA: Thank you Mr. Speaker for giving me this
opportunity to conclude this motion. First and foremost, I would like to thank the Minister of Defence for responding to our report highlighting the state of affairs regarding the assignment of demining areas affected by landmines. I would also like to thank Hon. Members of the Committee who accompanied us as we toured areas along the border where these landmines are located. I would also want to thank Hon. Members of this House who made contributions during the course of the debate on the
report.
During the course of the discussion by the Minister, we noted that parts of Mashonaland East, Mashonaland Central, Masvingo and Manicaland, there are areas which are still infested with land mines. We appeal to Hon. Members of Parliament whose constituencies are located in those areas to continue educating members of the public so that they are not prone to injuries as a result of the land mines.
Mr. Speaker Sir, I want also to thank the media fraternity for bringing this information to the general public to the extent that the debate on land mines in the eastern border areas of Zimbabwe is being discussed by members of the public. At the end of the day, it is our hope as a Committee that the Minister and the Ministry is going to continue removing these land mines to the extent that, according to international law by the estimated period of time, we will not be having land mines in Zimbabwe. Mr. Speaker Sir, I move that the motion be adopted by the House.
Motion that this House takes note of the Report of the Portfolio Committee on Defence and Security Services on the landmines situation in Zimbabwe, put and adopted.
THE HON. SPEAKER’S RULING
POINT OF ORDER RAISED BY HON. CHAMISA REGARDING HON.
MANDIPAKA’S NOTICE OF MOTION
THE HON. SPEAKER: I have to make a ruling on the point of order raised by Hon. Chamisa regarding Hon. Mandipaka’s notice of motion. On the 13th October 2016, Hon. Chamisa rose on a point of order in terms of Standing Order Number 66 of the Standing Rules and Orders of the National Assembly seeking clarification and guidance from the
Chair regarding the language contained in Hon Mandipaka’s notice of motion.
Standing Order No. 66 states as follows:
“Any Bill, motion, question or notice which in the opinion of the Speaker contains derogatory, disrespectful, offensive or unbecoming references to the President, Parliament or its Members, or the Speaker which partly reads or contains unbecoming expressions, or is of a frivolous nature, or offends against these Standing Orders, or is otherwise out of order shall be discharged from the Order Paper or withheld from publication or amended by the Speaker before it appears on the Order
Paper.”
Hon. Chamisa averred that the reference to opposition political parties as perpetrators of acts of violence and terror on innocent people was offensive given that no opposition political party had been found guilty of the alleged acts of violence. He therefore requested that the offending words be dealt with in terms of the provisions of Standing order No. 66.
Having studied the matter, the Chair is of the view that the Notice of Motion does contain some offensive words and is thus inadmissible to the extent that where the motion refers to “Opposition Parties”, the motion should read “some parties”. The mover of the motion is directed by the Chair to accordingly amend the motion in terms of Standing Order No. 66, which partly reads that “a motion containing unbecoming expressions.
May be amended by the Speaker…” So, be guided accordingly.
HON. MANDIPAKA: We stand indebted by your directions. Thank you.
MOTION
RATIFICATION OF A LOAN AGREEMENT BETWEEN THE
GOVERNMENT OF ZIMBABWE AND OPEC FUND FOR THE
INTERNATIONAL DEVELOPMENT
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (HON. ENG. MUZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.
CHINAMASA): I rise to move the motion on behalf of the Minister of
Finance and Economic Development that;
WHEREAS, Section 327(3) of the Constitution of Zimbabwe provides that an agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organisations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;
AND WHEREAS , a loan Agreement between Government of Zimbabwe and the OPEC Fund for the International Development relating to US$7.6 million line of Credit to support Poverty Alleviation Project, in three provinces, namely, Masvingo, Manicaland and Matabeleland North which will be implemented by the Ministry of Small and Medium
Enterprises and Cooperative Development was signed on 17 August 2016.
NOW, THEREFORE, in terms of section 327 (3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved.
The Government of the Republic of Zimbabwe and OPEC
International Development …
THE HON. SPEAKER: Order, order, Hon. Minister Mzembi. Can you confirm you are the Acting Minister of Finance or you have the authority from the Minister?
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (HON. ENG. MUZEMBI): Mr. Speaker Sir, I have absolute
authority to present this paper.
Some two Hon. Members having been jostling.
THE HON. SPEAKER: Order, order. I wish not to see similar behavior in future between the two Hon. Members who were jostling behind there. Order, because we had stood over item number one, we shall need to reinstate it so that the Hon. Minister may act accordingly. Can you move Hon. Minister?
THE MINISTER OF TOURSM AND HOSPITALITY INDUSTRY (HON. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.
CHINAMASA): Thank you Hon. Speaker for your indulgence. I move that we revert to Order of the Day, Number One.
THE HON. SPEAKER: Thank you very much.
MOTION
RATIFICATION OF A LOAN AGREEMENT BETWEEN THE
GOVERNMENT OF ZIMBABWE AND OPEC FUND FOR THE
INTERNATIONAL DEVELOPMENT.
THE MINISTER OF TOURSM AND HOSPITALITY
INDUSTRY (HON. ENG. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON:
CHINAMASA): I have been assigned to move this motion on behalf of the Minister of Finance and Economic Development relating to the loan, as I have alluded to earlier on of US$7.6 million which is an agreement between the Government of the Republic of Zimbabwe and the OPEC Fund for International Development (OFID) signed on the 17th August, 2016 to support Poverty Alleviation Projects.
The Loan was sourced at a concessional interest rate of 1.5% per annum, with A tenure of 20 years, comprising of a five year grace period and 15 years bi-annual repayments.
Project Scope and Mechanisms
Project Objective
The objective of the Project is to improve access of beneficiary households to enhanced socio-economic services and income generating opportunities, through support to the following programmes and subprojects.
- Livestock Development (cattle rearing, construction of cattle fattening pens, drilling of community boreholes)
- Optimisation of Local Endowments (value addition of locally available fruits, honey production and processing, fish farming, among others;
- Strengthening of Entrepreneurial Training Institutes (capacity building of personnel and upgrading of equipment for three identified
Entrepreneurship Training Institutes) and;
- On-lending to Savings and Credit Cooperative Societies (SACCOs).
Targeted Beneficiaries.
The beneficiaries to this facility will be identified rural communities, households, entrepreneurs, training institutions and SACCOs in the following 3 provinces:
- Masvingo; Manicaland and;
- Matebeleland North.
Project Management
The Ministry of Small and Medium Enterprises and Cooperatives Development (MoSMECD) is the Executing Agent responsible for the implementation of the Project. In order to ensure the smooth implementation of the project, a Project Management Unit (PMU) will be established under the Ministry, whose mandate will be to oversee the day to day activities of the project.
The project is earmarked to commence in January 2017, and will be implemented over a period of four years.
Project Financing and Repayment
The financing of the project is US$8.3 million, with OFID contributing a loan facility of US$7.6 million (91.6%) whilst the
Government will provide counter-funding of US$700 000 (8.4%).
The loan will be serviced from funds deposited by beneficiaries into a Revolving Fund. The Fund will be administered by the MoSMECD to ensure that Government is able to honour its repayment obligations to OFID.
Project Benefits
The Poverty Alleviation Project is a direct translation of the country’s economic blueprint, the SAM ASSET which seeks to eradicate poverty through value addition of abundant local resources.
The successful implementation of this project will help improve the livelihoods of the beneficiaries through:
- Alleviation of Hunger;
- Improved food security and boost nutrition;
- Increased household and personal incomes and;
- Strengthening of Entrepreneurial Training Institutes and capacity building of beneficiaries to gainfully participate in community and national development projects.
Annexture1:
Key features of the Facility
Borrower | Government of Zimbabwe (Ministry of Finance |
and Economic Development). | |
Lender
Beneficiary |
OPEC Fund for International Development (OFID) |
Institution | Ministry of Small and Medium Enterprises and
Cooperatives Development Corporation (MoSMECD) |
Amount | US$7.6 million |
Purpose | To eradicate poverty through value |
enhancement of local resources, foster income diversification and increased food production to the beneficiary households.
Targeted Areas Masvingo, Manicaland and Matebeleland
North Provinces
Maturity Twenty (20) years (inclusive of grace period)
Grace period | Five (5) years |
Interest rate | One and half percent (1.5%) per annum on the |
principal amount of the Loan withdrawn and outstanding, payable semi-annually on (15 January and 15 July).
Principal payments Thirty (30) semi-annual instalments
Service charge One percent (1%) per annum on the principal
amount of the Loan withdrawn and outstanding.
Date of Effectiveness Within 90 days after the date of the
Agreement.
Closing date 31 December 2021
(for drawdowns)
Mr. Speaker Sir, I submit and I now seek approval of Parliament. I thank you.
HON. MAJOME: On a point of Order Mr. Speaker.
THE HON. SPEAKER: What is your point of Order?
HON. MAJOME: Thank you Mr. Speaker Sir. My point of order
and privilege is to inquire through your esteemed Chair whether indeed the provisions of Section 301(1) and Section 300 (3) of the Constitution were adhered to, which requires that within 60 days, after the Government has concluded a Loan Agreement, the Minister responsible for Finance must cause its terms to be published in the Government Gazette. So, I rise to inquire if indeed this Loan Agreement was published in the Government Gazette, together with the terms of such agreement. I ask because I noticed that this is just generally not being done. That is my inquiry and point of order, because we cannot comply with the subsequent with one Constitutional provision, without complying with the other. So, the enquiry is was it published in the Government Gazette and the terms and if so on what date was that done before the House can consider it?
THE HON. SPEAKER: Can you refer to section of the Constitution
again?
HON. MAJOME: Section 300 (3) Mr. Speaker Sir.
THE MINISTER OF TOURSM AND HOSPITALITY
INDUSTRY (HON. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.
CHINAMASA): My understanding is that all those compliances were adhered to. I thought you were going to furnish me with - [AN. HON. MEMBER: You are not aware.]- I am aware of the clause because I was briefed yesterday that everything is compliant. If, you have any information to the contrary you can table it.
HON. MAJOME: Mr. Speaker Sir, with all due respect, I do not believe the Hon. Minister may have possibly understood the tenor of this provision. My point of order is to enquire whether it was gazzeted and its terms, if so - when was it gazzeted? If he then asks me about the terms, I would not be asking if I knew and I would not waste Parliament’s time – [HON. MEMBERS: Hear, hear.]- The question is when was it gazzeted? This august House cannot work on the basis of presumptions and generalization. These are matters of the State and they are important and taxpayers would need to know when was it done so indeed?
HON. ENG. MZEMBI: Mr. Speaker Sir. Can I repeat what I have
said? My briefing yesterday was that all the compliances are in place. If you have any information to the contrary you will table it. - [HON.
MEMBERS: Inaudible interjections.] - Yes.
THE HON. SPEAKER: Order, order. I think the way forward here
is that the debate on the issue is suspended until the Minister satisfies the provisions of Section 300 (3). We understand the Hon. Minister is acting, so we cannot push him to task. I hope next week the issues will be clarified accordingly.
HON. ENG. MZEMBI: I note Mr. Speaker. – [HON. MEMBERS:
Hear, hear.]-
HON. MUTSEYAMI: Thank you Mr. Speaker Sir. I need to seek
clarity through you, since the Hon. Minister is here. He has been doing advocacy for the UNWTO as to what the position is as we speak right now - bearing in mind that His Excellency the President, has advised the nation and the world over that chances are that we might withdraw from the UN? THE HON. SPEAKER: Your point of order is misplaced.
HON. MUTSEYAMI: It was not a point of order Mr. Speaker Sir. It was a point for clarity.
THE HON. SPEAKER: No, the Hon. Minister is here in his capacity as the Acting Minister of Finance and Economic Development.
So, if you are anxious about that ask that question next week.
HON. MAONDERA: On a point of order on Acting Ministers.
Yesterday we had a problem - you had left the Chair. We had an Acting Minister of Home Affairs, a question was raised and he looked like he was struggling to answer that question. Today we have the Acting Minister of Finance and Economic Development, so when these Acting Ministers are appointed, are they fully briefed or they are not fully briefed because when they come to this House they do not give us appropriate answers.
THE HON. SPEAKER: Order, when the Chair has ruled there is no further debate. Thank you.
THE MINISTER OF TOURSM AND HOSPITALITY
INDUSTRY (HON. MZEMBI): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 25th October, 2016.
COMMITTEE STAGE
CONSIDERATION OF AN ADVERSE REPORT BY THE
PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY
INSTRUMENT NO. 86 OF 2016: PLUMTREE TOWN COUNCIL
(CLAMPING AND TOW AWAY BY-LAWS)
Second Order read: Committee Stage: Consideration of an adverse report by the Parliamentary Legal Committee on Statutory Instrument No.
86 of 2016: Plumtree Town Council.
House in Committee.
HON. MARUMAHOKO: Order Hon. Members please.
HON. SAMKANGE: Thank you Mr. Chairman. Your Committee
deliberated on Statutory Instrument entitled Plumtree Town Council Clamping and Towing away By-laws of 2016. After our deliberations, it was agreed that we issue an adverse report, let me state the reasons briefly here.
In pursuit of its Constitutional mandate as provided for in Section
152 of the Constitution of Zimbabwe, the PLC on 22nd September 2016, at
11 o’clock a.m. met to consider Statutory Instruments Gazetted during the month of August. Among them the Statutory Instrument No. 86 of 2016 entitled Plumtree Clamping and Tow away By-laws, hereinafter referred to as the By-laws. After deliberations, it was unanimously resolved that an adverse report be issued in respect of the Statutory Instrument due to the following considerations.
The provision of Section 4 and 5 (b) contravenes Section 69 of the
Constitution. Section 69 reads, “the right to a fair hearing”. It is directly violated by Section 4 of the By-laws which permits authorized officers to impound a motor vehicle where a person does not pay a fine on the spot.
After the authorized officer has issued a traffic ticket, the provision of the By-laws provide a platform for the prosecution of every offence which a person denies liability, even where such offence does not constitute a criminal offence.
The right to a fair hearing supports the rule of law; rule that currently exists in our Constitution. It is one of our founding values. The right to a fair hearing was pronounced and it is the heart of the rule of law. In the Constitutional Court of South Africa, during the consideration of the same in the case of DBS, clearly the decision that one individual working under the guise of authorised person being permitted to make a decision regarding the fate of an individual vehicle is inappropriate in the highest form. Not only will it create a conducive environment for corruption but it is the Committee’s view that if such provisions are to be implemented, the courts would be inundated with frivolous cases.
It is for these reasons that the Committee strongly suggests that, that by-law be either re-drafted or removed altogether, as such a prosecution provides an alternative measure preferably of a civil nature. In other words, it is unconstitutional for one person because he/she is designated as an authorised person, he/she makes a decision to clamp a motor vehicle, either because he does not like you or he thinks you have not parked your motor vehicle well. That decision is wrong. We cannot have a situation where one person can make a decision on his/her own, which involves the right of the driver. I therefore move that the report be adopted. Thank you Mr. Chairman. In light of the fact that there is no debate, I therefore move that you report progress.
Motion put and agreed to.
Progress reported
Committee to resume: Tuesday, 8th November, 2016.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. RUNGANI: I move that the debate do now adjourn.
HON. MPARIWA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 25th October, 2016
MOTION
BUSINESS OF THE HOUSE
HON. RUNGANI: I move that Order of the Day Number 4 be stood over, until the rest of the Orders of the Day have been disposed of.
HON. MPARIWA: I second.
Motion put and agreed to.
On the motion of HON. RUNGANI seconded by HON. MPARIWA, the House adjourned at Twenty - four Minutes past Four o’clock p.m. until Tuesday, 25th October, 2016.
PARLIAMENT OF ZIMBABWE
Tuesday 18th October, 2016
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 THE
SENATE
NON-ADVERSE REPORTS RECEIVED FROM THE
PARLIAMENTARY LEGAL COMMITTEE
THE HON. PRESIDENT OF THE SENATE: I have to inform
the Senate that I have received Non-Adverse Reports on all the Statutory
Instruments published in the Government Gazzette during the month of July and September 2016.
INVITATION TO THE 2016 PRE-BUDGET SEMINAR
THE HON. PRESIDENT OF THE SENATE: I also wish to
inform the House that all Senators are invited to the 2016 Pre-budget
Seminar, to be held at the ZITF grounds in Bulawayo from the 2nd to the 6th November, 2016. All Senators are required to confirm their participation at the seminar by the 24th October, 2016, with the Public Relations officers who will be stationed in the Court Yard from 1400hrs during sitting days or at their offices in Pax House during any other time. Please note that Hon. Senators from Masvingo, Matebeleland North, Matebeleland South, Bulawayo and Midlands Provinces are expected to drive to Bulawayo. While those from Harare, Manicaland, Mashonaland Central, Mashonaland East and Mashonaland West will fly to Bulawayo from Harare.
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Orders of the Day Number 1
be stood over until Order of the Day Number 2 has been disposed of.
HON. SEN. MUMVURI: I second
HON. SEN. MOHADI: Thank you Madam President. I move the motion standing in my name:
That this House takes note of the Report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum held in Ezulwini, Swaziland from 28th May to 7th June, 2016.
HON. SEN. MUTSVANGWA: I second.
HON. SEN. MOHADI: Thank you Madam President. I am going to present a report of the 39th Plenary Assembly of the SADC
Parliamentary Forum, which took place in Ezulwini, Swaziland from 30 May to 6 June 2016.
1.0 INTRODUCTION
1.1 The 39th Plenary Assembly of the SADC Parliamentary Forum (SADC PF) was convened at the Royal Swazi Convention Centre in Ezulwini, Kingdom of Swaziland from 30 May to 6 June 2016. The
Session brought together Presiding Officers and Members of Parliament from the 14 SADC Members States under the theme, “Strengthening Parliamentary Role in the Protection and Realisation of Human
Rights in Southern Africa”. The following countries were represented at the Plenary Assembly: Angola, Botswana, Democratic Republic of Congo, Lesotho, Mauritius, Mozambique, Malawi, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. Hon.
Advocate Jacob Francis Mudenda, Speaker of the National Assembly of
Zimbabwe, led a Parliamentary delegation comprising the following
Members and Officers of Parliament to the Plenary Assembly:-
Hon. Monica Mutsvangwa, Member of Parliament and
Chairperson of the Zimbabwe Women Parliamentarians Caucus
(ZWPC);
Hon. Dr. Samson Mukanduri, Member of Parliament;
Hon. Tambudzani Mohadi, Member of Parliament;
Hon. Innocent Gonese, Member of Parliament;
Hon. Jasmine Toffa, Member of Parliament;
Ms. Rudo N. E. Doka, Acting Principal Director – External
Relations; and Mr. Robert Sibanda, Security – Aide to the Speaker.
2.0 THE OFFICIAL OPENING CEREMONY
2.1 The Official Opening Ceremony of the 39th Plenary
Assembly of the SADC Parliamentary Forum took place at the Royal Swazi Convention Centre in Ezulwini on the 2nd of June 2016.
2.2 In his introductory statement, Dr. E. Chiviya, SecretaryGeneral of the SADC Parliamentary Forum, welcomed all the delegates and alluded to the Kingdom’s support for and commitment to the objectives of the Forum. He introduced the theme of the 39th Plenary,
“Strengthening Parliamentary Role in the Protection and Realization of Human Rights”, and underscored the need for Parliaments to examine their own understanding of the centrality of human rights in law making and in the ratification and implementation of human rights instruments.
2.3 Hon. Themba Msibi, Speaker of the National Assembly of
Swaziland, welcomed his Majesty’s guests, all the delegates and observers to the Plenary. He noted the instrumental role played by the SADC PF in promoting dialogue and the commitment by SADC
Parliaments to complementing the SADC Development Strategy and Roadmap 2016 to 2063 through effectively playing the oversight role in its implementation.
2.4 The outgoing Chairperson of the Regional Women’s Parliamentary Caucus (RWPC), Hon. Francisca Tomas, conveyed a message of support from the RWPC and recognised the role played by
Swazi women in resistance to colonial domination. She referred to the
African Union’s decision to declare 2016 as the Year of Women’s Rights, which resonates the theme of the 39th Plenary Assembly and implored governments to actively involve women in all decision making processes. While referring to all the regional and international conventions to which the SADC Region has committed, Hon. Tomas bemoaned the failure by Member States to achieve the 50/50 gender parity goal by 2015.
2.5 The Vice-President of the SADC Parliamentary Forum, Hon.
Joseph Njobvuyalema, reiterated the need for the SADC Parliamentary
Forum to transform into a Regional Parliament, highlighting that the
SADC is now the only region without a formal Regional Parliament.
2.6 In a Keynote Address delivered on behalf of His Royal
Highness, King Mswati 111 by Deputy Prime Minister Senator Paul
Dhlamini, he acknowledged the issue of human rights as key in Africa’s endeavour to realize sustainable development objectives and goals by
2030 and 2063. He reiterated that the actualisation of Africa’s development and prosperity largely depended on the protection and promotion of human rights, and more specifically on the rights of women.
2.7 The Hon. Advocate Jacob Francis Mudenda, Speaker of the
National Assembly, extended a vote of thanks and deep gratitude to His
Royal Highness, King Mswati 111 for allowing the Kingdom of
Swaziland to host the 39th Plenary Assembly and granting an audience to Presiding Officers, Leaders of delegations and other delegates participating at the 39th Plenary Assembly Session of the SADC PF.
3.0 SYMPOSIUM ON THE THEME, “STRENGTHENING
PARLIAMENTARY ROLE IN THE PROTECTION AND
REALIsATION OF HUMAN RIGHTS IN SOUTHERN AFRICA”
3.1 In his presentation, Mr. Deprose Muchena, the Executive Director of Amnesty International Southern Africa, gave an overview of the political, economic and social context of Southern Africa, demonstrating that the region is a product of struggles for human rights, good governance and democracy. He noted that human rights are therefore, indigenous and should not be viewed as a foreign imposition or a western ideology. He explained the characteristics of most postindependence states of the region as “dual and enclave” economies, meaning, a developed and diversified formal economy sitting alongside an underdeveloped peasant-based subsistence rural economy. This, he noted, results in the problem of acute inequalities manifested through unequal access to social services especially health, education, water, sanitation and food.
3.3 The ensuing debate called for Amnesty International to work with individual Parliaments on human rights issues. Mr. Muchena informed Members that Amnesty International does not have programmes with individual Parliaments but wants to collaborate with the SADC Parliamentary Forum Secretariat. Parliaments, however, can:-
- Move motions to indicate to the Executive, the list of Protocols which have not been ratified or brought to Parliament for approval;
- Ensure the provision of adequate funding of independent
Commissions;
- Propose that the school curricula includes education on human rights; and
- Call for the beneficiation of resources.
3.4 With regards to the issues discussed, the Plenary Assembly adopted the resolutions on page 7 of this report under bullet 5.3.3.
4.0 MEETING OF THE EXECUTIVE COMMITTEE
The Executive Committee met on 31 May 2016 to consider various issues and resolved as follows:-
4.1 The Transformation of the SADC Parliamentary Forum into a Regional Parliament
4.1.1 Following the SADC Summit of Heads of State and Government held in August 2015 in Gaborone, Botswana, where a request to transform the SADC –Parliamentary Forum into a Regional Parliament had been submitted and rejected for the fourth time, the Executive Committee constituted an Ad-hoc Committee to work with the Secretary-General and scrutinise the reasons for the unfavourable response.
4.1.2 The Ad-hoc Committee, chaired by the Hon. Adv. Jacob
Francis Mudenda, Speaker of the National Assembly, comprised the Hon. Speaker Prof. Peter Katjavivi of Namibia and the Hon. Speaker Justice Dr. Patrick Matibini of Zambia.
4.1.3 Deliberations of the Ad-hoc Committee concluded that the three strategies outlined below be pursued concurrently and immediately, given that the next Summit was scheduled for August
2016:-
- Speakers and Members of SADC Parliaments should engage their respective Heads of State and Government and ensure that
Cabinet deliberate and agree to the transformation of the SADC
– PF into a SADC Regional Parliament;
- Identify and request a willing SADC Member State to move a motion on the Agenda of the upcoming Summit scheduled for August 2016 in the Kingdom of Swaziland, for the establishment of a SADC Regional Parliament; and
- Make a formal representation to SADC Senior Officials who are responsible for drafting the Summit Agenda.
4.1.4 The Executive Committee, therefore, endorsed the recommendations by the Ad-hoc Committee, to resubmit the matter to the Summit for reconsideration. The said recommendations would form the basis of the appeal to the SADC Summit.
4.2 The SADC PF Flag
4.2.1 The reprinted SADC – PF flag was officially handed over to the Hon. Speakers and Heads of Delegations during the 39th Plenary Assembly Session.
4.3 Model Law on Eradicating Child Marriage and
Protecting Children Already in Marriage
4.3.1 The Executive Committee adopted the Model Law, which was subsequently debated extensively in plenary and endorsed with amendments. Respective National Parliaments have the onerous responsibility to popularise the document among relevant Government Ministries and departments of Member States and other stakeholders.
4.3.2 Post adoption programmes will be spearheaded by the SADC
– PF Standing Committee on Human and Social Development and Special Programmes, who will carry out the initiative to its logical conclusion.
4.3.3 Regional and International Institutions, including the African
Union, Southern African Development Community, the Pan-African
Parliament, the East African Legislative Assembly, Association of
European Parliaments for Africa, Plan International, Sweden and Senior Chieftainess Kachindamoto of Malawi, delivered solidarity messages to the 39th Plenary Assembly Session upon the adoption of the Model Law. They applauded the Forum for making a clear political statement and for its uniqueness in being the first Assembly to develop and adopt a Model Law on Child Marriages in Africa and in the world. Special training for traditional leaders and law enforcement agencies on the dangers of child marriage and the importance of enforcing relevant child protection laws was recommended. Addressing the financial motivation of
impoverished families and their economic needs could also alleviate the problem.
4.4 Parliamentary Studies Institute (PSI)
4.4.1 Following the endorsement of a decision to establish a
Parliamentary Studies Institute (PSI) in principle, in November 2015, the
Secretary-General informed the Executive Committee about the offer by
Zimbabwe to host the PSI, through a letter dated 25 May 2016 from the
Hon. Emmerson D. Mnangagwa, Vice-President of the Republic of Zimbabwe. The letter confirmed that H.E. the President, Cde. Robert G.
Mugabe, had accepted to host the PSI in Zimbabwe.
4.4.2 In charting the way forward, the Executive Committee recommended to the Plenary a team comprising Hon. Speaker Prof.
Peter Katjavivi of Namibia; Hon. Speaker Justice Dr. Patrick Matibini of Zambia; and Dr. Esau Chiviya, Secretary-General of the SADC – PF, to visit a similar institution in Nairobi, Kenya. The study tour will inform the SADC – PF on the structure, staffing levels and administrative costs, as the Forum embarks on the project of establishing the PSI.
Arrangements to visit Zimbabwe to view the two proposed buildings offered as possible headquarters of the Institute would be placed in motion by the Secretary-General and submit recommendations to the Executive Committee accordingly.
4.4.3 During the course of its deliberations, the Plenary Assembly endorsed the above recommendations and requested the Executive Committee to keep them abreast on the developments.
4.5 Costs for Election Observation
4.5.1 The 39th Plenary Assembly Session deferred approval on the proposal for an additional contribution of US$16,342.93 per Member Parliament towards the 2016/2017 financial year budget to cover logistics costs for SADC – PF Election Observation Missions. Costs to be covered include field transport, conference venues, interpretation and accommodation for support staff.
4.5.2 It was in the spirit of promoting oversight and that election observation was one of the flagship activities of the SADC – PF, that the Executive Committee appealed to the Plenary Assembly to rescind its decision and approve the inclusion of logistics costs for Election Observation Missions.
4.5.3 The Plenary Assembly acknowledged the need to observe elections but disagreed with the inclusion of this cost in the 2016/2017 budget year. However, the recommendation to support Election Observation Missions, based on the actual election calendar each year, was endorsed subject to the provision of a detailed computation of the costs involved. Contributions towards election observation will, therefore, remain voluntary based on the cost for a particular election.
4.6 Increasing SADC – PF Membership
4.6.1 During the 38th Plenary Assembly, a proposal was submitted to increase the SADC – PF Membership from the current six (6) to a maximum of seven (7) Members per country and the proposal was declined. It is against this background that the Executive Committee earnestly appealed to the Plenary Assembly to rescind its decision and allow Member Parliaments that can afford to nominate seven (7) members to the Forum. Those that cannot afford are not compelled to nominate an additional member.
4.6.2 Following intense debate on the proposal, the Plenary Assembly resolved to maintain the status quo. Members argued that an imbalance in the membership would defeat the guiding principles of democracy and equality, upon which the organisation was founded.
4.7 Development of a Regional Model Law on the Electoral
Process
4.7.1 The Assembly considered the possibility of coming up with a Model Law on Elections to assist Member States to domesticate the principles and guidelines for democratic elections, taking into account that the electoral obligations on Member States are spread in various electoral instruments including the Norms and Standards for Elections in the SADC Region, Benchmarks for Assessing Democratic Elections in Southern Africa and the Revised SADC Principles and Guidelines Governing Democratic Elections. Such a Model Law will be informed by the election cycle so that it comprehensively covers all matters
related to the electoral process rather than events such as polling. SADC
PF, in this regard, will partner with such organisations as the Electoral
Commissions Forum of SADC, SADC Electoral Advisory Council
(SEAC) and others in the development of the proposed Model Law.
4.7.2 The development of a Model Law on Elections in the SADC
Region was sanctioned by the Plenary Assembly.
4.8 Forensic Audit of The Forum’s Finances
4.8.1 The Executive Committee resolved that the Finance SubCommittee should visit the SADC PF Headquarters in Namibia and review the several issues related to the Forum’s finances, including budget lines, Membership Contributions, fund raising and possible institution of austerity measures. The decision is in line with the
Executive Committee’s earlier decision of November 2015 in Swakopmund, Namibia, where it had resolved that a Forensic Audit of the Forum’s Finances be carried out. However, the Forensic Audit could not take place due to lack of resources to fund the mission.
4.8.2 The Treasurer will develop the Terms of Reference and modalities for the Forensic Audit in consultation with the Members of the Finance Sub-Committee. The Finance Sub-Committee will report to the Executive Committee, which will ultimately report to the 40th Plenary Assembly.
4.8.3 The Plenary Assembly agreed with the proposal.
4.9 Treasurer’s Report
4.9.1 The Treasurer’s Report highlighted the impact of the depreciation of the Rand (ZAR) against the United States Dollar (USD) and indicated how it had affected expenditure on salaries, goods and services. It was against this background that the Executive Committee suggested the following:-
- That the staff emoluments be paid in USD to avoid exchange loss suffered by the employees;
- A supplementary budget for the 2016/17 financial year with an increase of 10% of the annual mandatory contribution was proposed; and
- Cost cutting measures to prioritise Forum expenditures and budget reallocation so that expenditure remains within the approved current contribution levels.
4.9.2 The Plenary Assembly interrogated the options and resolved as follows:-
- That annual mandatory contributions be computed and paid in
ZAR;
- That the Forum Secretariat provides a breakdown of the supplementary budget for consideration; and
- That option 2 of the cost cutting measures be adopted without part (e) which proposed a 10% Cost of Living Allowance for
staff.
4.10 Annual Member Contributions
4.10.1As of 25 May 2016, Zimbabwe was in arrears to the tune of
ZAR2, 705,212.00. The Plenary Assembly urged all Member Parliaments with outstanding contributions to settle by November 2016 to avoid possible suspension.
4.11 Secretary-General’s Residence
4.11.1A Sub-Committee was appointed to handle the issue of purchasing a residence for the Secretary-General and report to the 40th Plenary Assembly in November 2016.
4.11.2All Member Parliaments in arrears in terms of contributions towards the purchase of the Secretary-General’s residence were requested to clear by November 2016.
5.0 PLENARY ASSEMBLY
5.1 The Plenary Assembly of the SADC Parliamentary Forum met from the 1st to the 5th of June 2016 to consider, take note and adopt motions as follows:-
5.2 Motion for the Adoption of the Model Law on
Eradicating Child Marriage and Protecting Children Already in
Marriage in Southern Africa
5.2.1 The motion was moved by Hon. Innocent Gonese of
Zimbabwe and seconded by Hon. Dr. Jessie Kabwila of Malawi. National Parliaments are expected to distribute the documents to relevant Government Ministries and Departments of Members States and other relevant stakeholders. The Model Law was adopted with amendments.
5.3 A motion for the Adoption of the Report of the Standing Committee on Democratisation, Governance and Human Rights was moved by Hon. Maneesh Gobin of Mauritius, seconded by Hon. Dr.
Mukanduri of Zimbabwe.
5.3.1 The Committee presented its report which was centered on the presentation made to the Committee by Mr. Deprose Muchena, Executive Director of Amnesty International Southern Africa, on the theme, “Strengthening Parliament’s Role in the Protection and Realisation of Human Rights in Southern Africa”. The presentation identified democracy and human rights as the cornerstone of development.
5.3.3 The Standing Committee made the following resolutions which were submitted to the Plenary for approval and action:-
- Call upon SADC PF, through its collaboration with Amnesty International, to train Parliamentarians at regional and national levels on human rights issues in order to build their knowledge and skills as well as research capacity on the role of Parliaments in the protection, realisation and promotion of human rights;
- Call upon Member States to enact and implement laws and policies that promote socio-economic justice and equality as well as inclusive and sustainable growth and development in order to ensure access to employment and social services especially health, education, water, sanitation and food, in line with the Constitution and international human rights standards;
- Implore National Parliaments to play a central role in the ratification and domestication as well as in monitoring the implementation of regional and international human rights agreements at national level;
- Call on Governments in the region to provide leadership and political commitment towards the implementation of regional and international human rights obligations to which their States are party;
- Call on National Parliaments to ensure robust and effective financial oversight in order to curb corruption and illicit financial flows from Member States, particularly in the extractive sector, in order to ensure that governments have adequate resources to deliver public services;
- Urge Member States to put legal and other necessary measures in place to ensure that all Official Development Assistance contracts include a provision for parliamentary oversight in order to ensure transparency in the management of such funds towards implementing public policy and delivering public service;
- Implore National Parliaments to establish and strengthen committee systems to ensure robust human rights oversight and to ensure collaboration between parliamentary committees with other relevant actors at national level, including Human Rights
Commissions and civil society in tracking human rights issues;
- Call upon SADC PF to sustain its election observation work and ensure that a human rights culture is entrenched in the conduct of elections by SADC Member States;
- Urge SADC Member States to adopt human rights supportive Foreign Policy in order to establish their credentials as conscientious members of the international community, and in the same vein, implore SADC PF to promote greater protection of human rights through diplomacy, by among other actions, deploying goodwill missions to Member States experiencing situations that could trigger human rights violations; and
- Call upon SADC PF to develop regional principles and guidelines on the role of Parliaments in the protection, realisation and promotion of human rights in Southern Africa in order to facilitate national parliaments in their work on human rights.
5.3.4 The report was adopted by the Plenary.
5.4 Motion for the Adoption of the Report of the Standing
Committee on Gender Equality, Women Advancement and Youth
Development (GEWAYD)
5.4.1 The motion was moved by Hon. Patricia Kainga of Malawi and seconded by Hon. Sikhumbuzo Ndlovu of Swaziland.
5.4.2 Given the current status of gender in the GEWAYD Standing Committee, with one male, the meeting resolved to appeal to the Plenary to persuade national parliaments to allocate male members to this committee and address the gender imbalance.
5.4.3 Having considered the third draft of the Youth Development Policy Framework, which gives guidance to mainstreaming youth development issues in policies and practices of the SADC Parliamentary Forum in general and national parliaments in particular, the meeting resolved to adopt the policy and appealed to the Plenary Assembly to:-
- Consider the policy positively;
- Encourage national Parliaments, specifically political parties, to allocate a quota for young people in their electoral candidates
lists; and
- Reserve a quota for youths to be seconded to the SADC
Parliamentary Forum by each National Parliament.
5.4.4 The Plenary Assembly considered the proposals and adopted them.
5.5 Motion for the Adoption of the Report of the Standing Committee on Human and Social Development and Special Programmes.
5.5.1 Hon. Ahmed Munzoor Shaik-Emam of South Africa moved the motion, seconded by Hon. Manthabiseng of Lesotho. Hon Ahmed noted that the Committee met to interrogate the efficacy and impact of the use of criminal law to regulate transmission of HIV and Hepatitis C, consensual adolescent sexual activity, termination of pregnancy, same sex relationships and injecting drug use, explored linkages between mining and the incidence of HIV/AIDS, TB and Silicosis in the SADC region, among other cross cutting issues in the realm of Sexual
Reproductive Health and Rights.
5.5.4 The Committee appointed a Health Communications Advisory Committee to support it and recommended to the Plenary as follows:-
- The SADC PF should facilitate the development of a specific action plan on SRHR HIV awareness, sensitisation and advocacy and ensure implementation of the plan in the constituencies through its member Parliaments. In particular, there is need for SADC PF to facilitate the dissemination of information about the regional and international agreements to which the respective Member States are party. As part of these activities, the media could then run special editions, documentaries and feature articles on HIV/AIDS and SRHR, incorporating those activities from the constituencies;
- SADC PF should organise some joint workshops for parliamentarians and Members of the media aimed at building trust and understanding between the two. Part of the content of these workshops should also be training for parliamentarians on how to effectively handle the media in the course of their work;
- SADC PF should undertake more capacity building programmes for the media to enhance their knowledge on and skills in reporting on SRHR and HIV/AIDS issues;
- SADC PF should facilitate regular interface between Parliamentarians and the media so that the media can be well informed about what the Parliamentarians are doing at all times. The media should also liaise with the SADC PF Public Relations Officer for any updates on SRHR, HIV/AIDS. There could also be a Google set up alert to notify the Forum and journalists involved in the programme each time a
Parliamentarian is quoted in the media about SRHR, HIV and
AIDS; and
- SADC PF should come up with deliberate measures to enhance media coverage of SRHR activities undertaken by
Parliamentarians, especially in rural areas.
5.5.5 The motion was put and agreed to.
5.6 Motion to Adopt the Report of the Standing Committee on Food, Agriculture and Natural Resources
5.6.1 Hon. Tambudzani Mohadi moved the motion, seconded by Hon. Phumelele Dlamini of Swaziland. The Committee had met to consider the challenges being faced in the SADC Region regarding TB,
HIV and Silicosis in the Mining Industry, with miners in South Africa’s gold mines having the highest rates of TB infection in the world. The
Committee agreed to submit the following recommendations to the 39th
Plenary Assembly for approval and action:-
- That Members of Parliament be urged to monitor and support the domestication of the following:-
- The 2012 SADC Declaration on Tuberculosis (TB) in the
Mining Sector;
- The 2015 SADC Code of Conduct on Tuberculosis (TB) in the Mining Sector; and
- The implementation of SADC Portability of Social Security
Benefits and Services at national level.
- That those countries that have reportedly not yet signed the
SADC Declaration on TB in the Mining Sector, namely South Africa, Botswana, Namibia, Zimbabwe, and Madagascar be encouraged to do so as a matter of urgency;
- That the SADC Parliamentary Forum must develop a SADC Model Law on TB in the Mining Industry, facilitate increased and meaningful parliamentary advocacy, promote good governance of this sector and ensure that vulnerable groups and individuals are adequately catered for; and
- That the SADC Parliamentary Forum must continue to collaborate with various partners to enhance the capacity of as many Members of Parliament of the SADC region as possible, to understand, interrogate and address issues concerning TB, HIV and Silicosis in the Mining Industry, among others.
- The Plenary Assembly adopted the recommendations.
- Senator Tambudzani Mohadi was unanimously elected as Chairperson of the Committee.
5.7 Motion for the adoption of the Report of the Standing
Committee on Trade, Industry, Finance and Investment
5.7.1 The motion was moved by Hon. Mfanawemakhosi Dlamini of Swaziland, seconded by Hon. Siphosizwe Masango of South Africa.
5.7.2 The report, which focused on the theme, “Enhancing Access to Medicine through the adoption of Human Rights’ Approach and
Harnessing the TRIPTS flexibilities”, noted the central role of
Parliament in the successful implementation of the Sustainable Development Goals (SDGs) Agenda.
5.7.3 It was in that regard that the TFI Committee implored the
SADC Parliamentary Forum and National Parliaments to:-
- Call on SADC governments to fast-track the process of harnessing TRIPTS flexibilities at the national level through the use of tools such as the SADC Pharmaceutical Business Plan and the African Commission for Human and Peoples’ Rights’
Resolution 141 which advocates for “Access to Health and
Needed Medicines in Africa”;
- Urges greater collaboration and mutual support at regional level to fast track the process of harnessing the TRIPTS flexibilities;
- Advocate for greater parliamentary role in advocating for the adoption of a human rights approach to access to medicine and the use of TRIPYS flexibilities by SADC governments;
- Emphasize the role and importance of Parliament in the domestication, ratification and oversight of the relevant instruments aimed at harnessing the TRIPYS flexibilities in promotion of access to medicine;
- Encourage SADC governments and Parliaments to enhance collaboration with SARPAM and other civil society organisations in advancing the objectives of universal access to affordable healthcare and to increase oversight of this sector; and
- Implore SADC governments, including their respective
Parliaments, to prioritise people’s access to healthcare through
adequately budgeting for this sector.
5.7.4 The Plenary Assembly adopted the motion.
5.8 Motion on the Adoption of the Report of the Joint Session of Committees of the SADC Parliamentary Forum for Capacity
Strengthening on the theme, “Criminalisation and Stigmatisation: Disincentives to the Realisation of Fundamental Human Rights and Public Health”.
- Monica Mutsvangwa moved the motion, seconded by
Hon. Masafele Monitoa of South Africa.
- The Joint Session recommended to the 39th Plenary
Assembly Session as follows:-
- Facilitate capacity building and support to national parliaments to stimulate further dialogue leading to possible law reform around the issue of criminalisation of HIV transmission;
- Capacitate Parliamentarians to advocate for the inclusion of sexual orientation and gender identity as prohibited grounds for discrimination by health providers;
- That the 39th Plenary Assembly calls upon SADC to urgently spearhead the combating of Tuberculosis and Silicosis, mobilisation of financial resources and explore ways of accelerating disbursement of compensation and benefits to exminers and their families; and
- Advocacy activities on occupational health and harmonisation of laws and policies to place TB and Silicosis liability on the mining business.
5.8.3 The Plenary Assembly adopted the report.
5.9 Motion on the Need for Integrated Energy Infrastructure and Security as a Means for Regional Development with Specific
Attention to Inga Dam Project
- The motion was moved by Stevens Mokgalapa of South
Africa seconded by Hon. Boniface Nkolo Balamage of DRC.
- The need for energy as an essential requirement in all aspects of our daily lives, to drive economies and to integrate the region was highlighted. The energy situation, he said, requires serious commitments about energy security and efficiency in the SADC region.
- The Grand Inga Dam Project was referred to as a source of clean hydro-power energy with the immense potential of generating enough energy to supply the SADC region and the whole African continent.
- In concerted efforts to address energy challenges in
SADC, the motion called upon Member States to:-
- Develop and harness existing renewable energy resources and embrace energy efficiency as a matter of priority;
- Ensure that the needs of our regions are understood by all SADC citizens, policy makers and regulators, local and global investors, developers and project promoters; and
- Embrace integrated energy security as a means for regional development with specific reference to the Inga Dam Project.
5.9.5 The motion was adopted by the Plenary and because of the critical nature of the issues involved, the matter was referred to the Standing Committee on Trade, Industry, Finance and Investment for further research.
5.10 Motion on the Negative Impact of Poor Service Delivery on Women as People Responsible for the Care Work at the
Household
5.10.1The distinctive features of the challenges faced by women in the SADC region were highlighted as follows:-
- Disparities in terms of enrolment in tertiary institutions;
- Gender Based Violence;
- Care giving;
- Marginalisation;
- Very low income; and
- Access to resourced health facilities with dependable ante-natal and pediatric services.
5.10.2In view of the above, the motion called for all Member States to continuously evaluate progress achieved towards gender equality in accordance with Article 3 of the SADC Protocol on Gender and Development and to compile sufficient gender disaggregated data to ensure that the impact of government services can be measured in a gender sensitive manner.
5.10.3Member States preparing for general and local elections are urged to adhere to Article 12 and 13 of the same protocol, relating to women’s representation and participation in political and decisionmaking positions.
- 4The motion was adopted by the Plenary with a plea to legislators to translate words of support into action.
5.11 Motion on the Youth Development Policy Framework
5.11.1The 35th Plenary Assembly Session resolved on the development of a Youth Development Policy Framework with the strategic objective of integrating youth development programmes in the core business of the SADC PF and National Parliaments.
5.11.2Given that the region has a young population with 76% under the age of thirty-five (35), the challenges of unemployment, limited access to education, lack of entrepreneurship skills, HIV and AIDS, pose a threat to national and regional development, peace and security.
5.11.3The debate on this presentation highlighted that youths are subject to infiltration by external forces due to despair. It is in this regard that political parties were urged to create legal space in their constitutions and include youths in the political agenda. At the national level, an implementation matrix, based on a clear legal framework, was proposed.
5.11.4National Parliaments are advised to consider the following areas of strategic intervention for youth development:-
- Education and skills development;
- Creation of sustainable employment opportunities;
- Promotion of entrepreneurship;
- Health and safety lifestyles;
- Sports and promotion of social values;
- Community engagement;
- Participation in politics and governance; and
- Youth engagement, social justice and inclusion.
- 5The legislative and oversight role of Parliament becomes pertinent in terms of ensuring that government initiates relevant policies and programmes for youth development, backed up by appropriate legislation. Standing Committees responsible for youth development should monitor and evaluate government youth development programmes.
5.12 Motion to adopt Report of the Regional Women
Parliamentarians Caucus (RWPC)
5.12.1The motion was moved by Hon. Dr. J. Kabwila of Malawi seconded by Hon. M. Mutsvangwa.
6.0 REPORT OF THE REGIONAL WOMEN
PARLIAMENTARIANS CAUCUS (RWPC)
6.1 A meeting of the Regional Women’s Parliamentary Caucus (RWPC) was convened at the Royal Swazi Spa in Swaziland on the 2nd of June 2016. Hon. Francisca Tomas, Member of Parliament for
Mozambique and outgoing Chairperson of the RWPC chaired the meeting. Zimbabwe was represented at this meeting by Hon. Monica Mutsvangwa, Hon. Tambudzani Mohadi and Hon. Jasmine Toffa. Cooperating partners in attendance were Ms. Anne Guthika – Shongwe and Ms. Caroline Nyamawemombe from UN Women.
6.2 The meeting adopted the following resolutions for endorsement by the Plenary:-
- That the RWPC would serve as a champion for the implementation of the conclusions and of the Commitments of the Conference on the Status of Women (CSW60) in Resolution
60/2;
- That the RWPC would demand accountability by the Executive on translating the agreed conclusions into actionable results at regional and country levels and reporting in 2018; and
- That the RWPC would ensure that resources are directed to the constituency for the implementation of the commitments.
6.3 The meeting focused on a Global Solidarity Movement, called He-for-She, which challenges men and women to be champions of gender equality. The following commitments were made to the
RWPC:-
- SADC – PF’s Vice President, Hon. Joseph Njobvuyalema, undertook to be a champion of gender equality across the organisation, while the Secretary – General, Dr. Esau Chiviya undertook to serve as a champion at the Secretariat level; and The Speakers of Swaziland, Hon. Themba Msibi and Zimbabwe, Hon. Advocate Jacob Francis Mudenda, signed as champions representing their own institutions.
- The four mentioned above were applauded for offering themselves to be champions of gender equality and look forward to knowing more about each of their specific areas of focus and accompanying strategies. The RWPC wishes to encourage the Speakers of other National Parliaments to follow suit and sign up as champions.
- Furthermore, the meeting resolved that the HeforShe
Solidarity Campaign should be decentralised to each National
Parliament, where it should be championed by Speakers. The Speakers will then report on progress made regarding their commitments as a champion, through the Women’s Caucus, at each SADC – PF Plenary Assembly Session.
- The meeting proceeded on to elect Hon. Dr. Jessie Kabwila,
Chairperson of the Malawi Women’s Caucus, as the new RWPC
Chairperson and Hon. Monica Mutsvangwa, Chairperson for the
Zimbabwe Women Parliamentarians Caucus, as the Vice Chairperson of the RWPC
7.0 RECOMMENDATIONS
The Zimbabwe delegation to the SADC PF recommends the following for adoption by Parliament:
RESOLUTION | ACTION | TIME
LINE |
|
1. | Model Law on
Eradicating Child Marriage and |
Avail copies of the Model Law to relevant Government Ministries, departments and other stakeholders. | As soon as we receive copies of the |
Protecting Children Already in Marriage | amended version form the SADC PF
Secretariat |
||
2. | Election
Observation Missions |
The leadership of Parliament to engage Treasury over the funding of all election observation activities in terms of participation of Members and Staff as well as logistical support for the SADC
PF Secretariat. |
Whenever we receive notification of election observation in the SADC region |
3. | Transformation of the SADC
Parliamentary Forum into a regional Parliament |
The Hon. Speaker to engage the
Executive with regards to the appeal for transformation |
The Hon. Speaker to advise on the date |
4. | Youth | Delegation to scrutinise Youth oriented | By |
Development
Policy Framework |
policies and legislation, create implementable and time bound resolutions and report to the next Plenary of November 2016 | September
2016 |
|
5. | Member
Parliaments to ensure that subscriptions are up to date by November 2016 |
The Administration of Parliament to engage the Ministry of Finance over the outstanding amount. | By
November 2016 |
6. | He-For-She
Solidarity Campaign to be decentralised to National Parliaments |
The Hon. Speaker to champion gender equality at the Parliament of Zimbabwe. | Ongoing |
7. | National
Parliaments to play a central role in the |
The leadership of Parliament to engage the Executive over commitments towards implementation of Regional and | Ongoing |
Ratification and Domestication as well as monitoring the implementation of Regional and International
Human Rights Agreements at National level |
International Human Rights obligations.
|
||
8. | National Parliaments to ensure effective financial oversight to curb corruption and illicit financial flows from Member States to ensure that governments have | Parliament to continue strengthening the relevant Committees in Capacity Building on effective oversight. | Ongoing |
adequate resources to deliver public services | |||
9. | National Parliaments to address the gender imbalance in the
GEWAYD |
Hon. Gonese offered to move to the GEWAYD Committee whilst Hon. Mutsvangwa replaces Hon. Gonese in the Trade Industry, Finance and
Investment Committee. |
By
November 2016 |
10. | National Parliaments to second youths to the SADC
Parliamentary Forum |
The Whips to consider inclusion of young Parliamentarians in future SADC Parliamentary Forum activities and delegations. | Ongoing |
11. | SADC Declaration on TB in the
Mining Sector |
The Administration of Parliament to engage the relevant Ministry over the issue of signing the declaration. | By 31 July
2016 |
12. | National | Members to ensure adequate funding is | By 31 |
Parliaments to ensure people’s access to health care | allocated to the health sector and make use of the Pre-budget seminars to advocate for sufficient funding towards health. | December
2016 |
8.0 Conclusion
8.1 The delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum wishes to express its gratitude for the opportunity to represent our Parliament at the Plenary Assembly. As parliamentarians, we have the grand opportunity to transform the region during these times of extraordinary global challenges, through our legal authority to hold the Executive to account. I thank you.
HON. SEN. MUTSVANGWA: Madam President, I am happy to
second a very important motion which has been moved by Senator Mohadi on the report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum which was held in Swaziland.
Foremost, I would like to thank our Presiding Officers and Government for making it possible for our Members of Parliament to go as a full delegation to attend this very important bi-annual occasion.
Madam President, SADC PF was born out of the SADC Executive in Malawi in 1996. Our Presidents and Heads of State in the SADC region found the need for Members of Parliament to have an opportunity to share and compare the activities happening in our region. As you are aware, there is the SADC tribunal which is the judiciary side, there is the SADC Executive which has got its executive offices in Botswana and the SADC PF which has got its head office in Windhoek, Namibia.
I am going to tackle on the issue which is of great importance that since 1996 we have been working as SADC PF to make sure that it transforms into a fully fledged Parliament. As you might be aware, there are regional Parliaments in Africa. There is a continental Parliament which is called Pan African Parliament which has got its head office in
South Africa but we have regional Parliaments in Africa like Maghreb in
North Africa. We have ECOWAS in West Africa and YALA in East Africa. Madam President, I say this with a very sore heart that it has taken this long for SADC to have its own regional Parliament.
It is an issue which our leaders are seized with. I have been a member of SADC PF since 2008 and during that time, we have had lobbying visits to our Heads of State who were very supportive about the idea of SADC PF transforming into a Parliament so that we do have as a region our own Parliament. We visited President Zuma who was very supportive and we also visited our own President here in Zimbabwe, His Excellency, Cde R. G. Mugabe and he was very supportive for SADC PF to be transformed into a Parliament. We are still talking of a forum and if we are going to carry out the mandate of Parliamentarians because the whole point is to continue with the same mandate which as member Parliaments are doing, that is, oversight and legislative. If we are going to be able to carry out that mandate, it is critical that SADC PF is transformed into a regional Parliament. It is an issue which all our Members of Parliament should be seized with so that we continue lobbying for SADC PF to become a Parliament.
As you have been told in the report, SADC brings together all what affects us as a region. When you look at the number of motions which were passed at the last session in Swaziland, you can see that even within a week more than 20 motions had to be passed. What concerns Malawi pertaining to HIV/AIDS is the same problem which affects South Africa, Zimbabwe and Mozambique. When we come together and move as a bloc, we can definitely bring some relief to our people whom we represent.
This last plenary in Swaziland had a landmark success in the adoption of the model law in eradication of early child marriages. This has never happened before. A lot of other institutions who are also dealing with issues prohibiting child marriages were actually impressed that SADC PF managed to come up with that model law to eradicate early child marriages. We know the evils of young girls being given away to elderly man. The model law is also aware that there are young children who have been married already, so it also extends to protecting those who are already in marriages. You cannot talk of eliminating early child marriages and not look at those who are already in marriage. They need to be protected.
Election observation is another issue which SADC PF is seized with. I would like to bring to the attention of this august Senate that it is SADC PF which came up with the norms and standards which are being used today in the SADC region to observe elections. It is something which is a great success because we all have listened when there are elections in DRC, Malawi and Zimbabwe, SADC PF sends their delegates to monitor how elections are going on.
The delegation of six members which Hon. Senator Mohadi talked to, it is important to know that according to the Constitution of the SADC PF, it should be composed of members from the opposition parties. All the delegations are composed of members of the opposition, the ruling parties and of course, the chairperson of the Women’s Parliamentary Caucus.
The issue of women empowerment, gender equality, gender parity is an issue which is being taken seriously at regional level and this is why SADC PF has actually established the regional Women’s Parliamentary Caucuses. This is the association which brings in all the chairpersons of all Women Parliamentary Caucuses from the 14 SADC countries. They all come under one roof. SADC PF is a forum which brings in the entire Speakers of all the 14 countries under one roof. This is where the issues are debated at length.
There was also a debate on the issue of establishing a SADC Parliamentary Institute and I must say this is a critical area where as a region we were found wanting. When Members of Parliament are elected, that does not necessarily mean that Members of Parliament are aware of their mandate and as such, they need capacity building, they need to go through an institute. SADC PF has got that benchmark. They carry experiences from all the different countries and when they teach in that institution, they teach issues which will empower each and every
Member of Parliament to deal with problems from individual countries.
I am glad to say that SADC Parliamentary Institute has already been approved that it will be established here in Harare. Thanks to our Vice President who actually sat together with the executive of SADC PF and have approved that it can be established in Harare. The final discussions will be done and as you are aware, SADC PF has got its plenary in all the 14 countries. They actually rotate and this time is
Zimbabwe. In November, the SADC PF will have its plenary from the 5th to the 15th and we will have Members of Parliament and Speakers coming from the 14 countries. SADC PF has 15 countries but Madagascar is still working through its processes so that it joins us but all the 14-member Parliaments will send delegations to the SADC PF.
She talked about annual subscriptions, I must say at one point I was the elected treasurer of the SADC PF. The most embarrassing thing and at the same time you would understand was that Zimbabwe was always in arrears. Zimbabwe has been in arrears for some time now and we are embarrassed that the plenary will be in Harare this year in
November. One hopes that Madam President, maybe the Ministry of Finance will do us a favour as Parliament so that we will not be embarrassed ahead of this big function in November. At SADC PF, issues of democratisation and governance are debated and it is at the forum that countries bring country reports about what is happening in their countries and how to deal with those issues.
The issue of gender equality as I have said has been adopted and I was the Chairperson of that Standing Committee for the last two years. I must say, not only did we look at women issues but we also, as a Committee, came up with a youth development policy that she spoke to earlier on. There is also a standing committee which looks at agriculture, why as a region are we not able to feed our people. How can we deal with El Nino issues? The SADC PF brings experts to talk on these issues so that Members of Parliament can tackle these issues from a position of knowledge.
Another motion was the integration of electricity in the region. Why we continue to have shortages of electricity when we have projects like Inga Dam which, if it is developed, if we work together as a region to develop Inga Dam, we will have so much electricity for the whole region and even export. These are the issues that are debated at length at this forum.
The poor service delivery to our women. Why our women continue to drag behind? What is that we can do with grass root women to make sure that they benefit as citizens of our countries. We talk of democratisation, elections are held every five years in most of these countries and we are saying what is that we are bringing to the grass root woman to make sure that we improve the standards of living.
The issue of youth development Madam President, it is important that the biggest population in all our countries are young people. These are the leaders of tomorrow and some people say these are the leaders of today. What are we doing as our economies begin to shrink and shrink, where are the young people going to fit in? What is going to happen to our children? Some of us have been lucky and have been able to build a house in Budiriro or in Caledonia, will our young people be able to get that opportunity to have a home of their own. What entrepreneurial support are we giving them? What entrepreneurial support are we promoting? These are the issues that are dealt with at that level.
We also have a motion, it was at Swaziland that we launched that solidarity campaign on ‘He For She’. We are saying, since 20 years, Beijing, since 37 years, CEDAW, women have been talking to women issues. Women have been talking about women empowerment and not much has been achieved and we are looking back. In Namibia they call it harambee, that you put a lot of policies and a lot of laws, are you monitoring to make sure that you are getting the results which you want.
If it is bureaucracy which is happening, if it is in civil service, if it is in Government, if it is in Parliament, are you making sure that you are walking backwards and see where did things go wrong. Why did things go wrong?
In launching the ‘He For She’ which I should as the Chairperson of the Women Parliamentary Caucus at this point would like to thank our honourable members of the Senate, especially the chiefs, we thank you so much – [HON. SENATORS: Hear, hear.] – We thank our male Hon.
Senators for having been there at the launch, not just being there but signed, you are our champions. This is a solidarity campaign to bring men and boys on board. We are saying we need you to talk about the women empowerment. It cannot be an issue which can just be talked by women. We need our boys as they grow in their families to start encouraging their sisters to say, my sister you can be an engineer, my sister you can be the best maths student in our class, my sister, lets help each other quickly prepare the food and rush to school in time. These are the issues which we are talking about.
We also talked about the issues of sanitary pads. It is a very important issue as much as people think it is taboo to talk about it but when we look back, why are the girl children remaining behind? One of the reasons is the child is embarrassed when they do not have a sanitary pad. They spend five days in a month and every month they miss school. We are saying Governments and our Ministry should look into making this free so that all our children get the same opportunity. We really want to thank our honourable President of the Chiefs who is not here but he has taken a very good record. Wherever I go, they know him for standing for the women and we thank him for that together with all the other chiefs.
Madam President, I would like to say at this point, SADC PF is a very important platform. It is a platform which brings Members of Parliament from both ruling and opposition to tackle issues with an objective mind to make sure that what we are talking about is dealt with across the board. We want to continue to have you Members of Parliament talking to whoever you talk to, to make sure that SADC PF gets transformed into a Parliament as we move to the plenary which is going to be held in Zimbabwe this year in November. Madam President, I thank you very much.
HON. SEN. MAKORE: Thank you Madam President. I want to put some very few observations. Firstly, I want to thank the mover of this very important motion of the 39th SADC Parliamentary Forum in Ezulwini, Swaziland. The areas that I am very interested to articulate are areas that have to do with a regional Parliament. I want to support you hundred percent because we have heard of this talk time and time being talked of even within the regional Parliamentary discussions and forums that take place. It is very important because some other regional blocks in the North already have established Madam President, regional Parliamentary Forums. For example, ECOWAS also the block that is
East, I do not know whether it is COMESA, they are advanced. Even in North Africa, they have done so. It is not a taboo Madam President, that we have to have that regional Parliament within our SADC region.
Another area of importance is the model law. The Model Law for the eradication of child marriages, to us is a fundamental instrument and to care for those who are already in marriages. Madam President, this issue has been spoken about but it is now a common phenomena to all other countries especially Zimbabwe. We are trying to put a law that already put a stop to the marriage to the young children. I want to say that is a welcome development and it supports exactly the efforts of our country towards the elimination of such kind of practices in our country.
The other very important area that we think should be taken care of is the area of unemployment in the region. That to me is a bomb shell because if we do not do anything to sort of engage our youths into employment and create employment in our region, Madam President, we will not be doing justice to our nation. It is of particular importance that we have to look forward and I want to thank Hon. Senator Mutsvangwa who really informed us that it could be a time bomb if we do not do that. If we do not care for the youths, it really will be a time bomb. That has to be emphasised even in the debates of the Parliamentary forums that you do participate.
Madam President, the other issue is the area of election observation. We have really observed that the observation of elections come very close to elections themselves. It must be considered that those election observations should come earlier to read exactly what transpires on the ground. We have noticed some violence that goes on but when we reach just close to elections the violence will cease. Those who will be inspecting such elections will write a report that they were just free and fair because that is what they see during the short period they engage in that process.
Again the area which you mentioned in the report is that area of corruption. The element of corruption Madam President, is very cancerous in the country, sub-region and at international level. It is an element that we have got to be very serious of to eradicate such cancerous disease. We are really seized with that matter for quite some time on the basis that development is actually marred by individuals who take much more than they can consume. I wonder if one takes a million here, what do you do with it alone. I wonder if one takes a billion what do you do with it alone? However, it is common cause that people do take much money than they can consume, perhaps they take it for their future children, generations and generations, which is really unacceptable. That issue must be emphasised in all forums that you do attend. I want to thank you very much because you have articulated that very importantly in your report.
The other area that I do appreciate is the active engagement of our people who get within those particular forums. I see you are very active, you are given positions, we are very proud of you when you get there. It appears really that we are keen to send people who bring results to our country.
The last area I want to emphasise on is the area of the human rights that have to be enshrined in the education curricular. To me it is very important because children must understand their rights from youths. In terms of our Constitution, some are also copying, according to your report. It appears the representation of women that you put within is also copied taken by other countries. That is something which is highly progressive. Let us consider also the element of putting that in our curriculum so that in terms of Constitution, which is Chapter 4, it becomes so much illustrative and everybody understands those rights and responsibilities that we attain from you. Thank you.
*HON. SENATOR CHIEF MUSARURWA: Thank you Madam
President. I want to add my voice to the motion on the report that was tabled by Hon. Senator Mohadi and seconded by Hon. Senator Mutsvangwa. The major issue that made me to say something is on early marriages, the issue of the girl child. We appreciate and believe that if all countries in the SADC region can sit down and deliberate, they see that child marriages have an economic impact on our country as this will be destroying our nation as well as our families. You also mentioned on the issue of the girl child that she must be given opportunities to rise and improve herself. When you talked about the girl child, it reminded me of the issue of sanitary wear that we should talk about it and not be embarrassed about it. We should deliberate on this. In the rural areas where we stay, Madam President, it is sad to note that children fail to attend school because of lack of sanitary wear that they need as girls. In my opinion, through the hon. Members in the SADC Parliamentary Forum, this House should also talk about this and discuss further. Here in Zimbabwe we think that it would be good to have a policy whereby there should be adequate supplies for sanitary wear in the schools so that if a child spoils herself at school, she is able to get assistance at the school.
The Ministry of Education should facilitate such infrastructure and ensure that when toilets are built, they have a section that will deal with the issue at hand. As you know that the issue of the girl child, all the chiefs are in the fore front, almost 30 to 35% in the rural areas are children. It is also on record in my province where I lead, I have evidence and I am not shy to say it in this House that 35% of the girl children use cow dung as sanitary wear when they get to their menstrual period. Some even use pumpkin leaves as sanitary wear. So, you can imagine what will happen in terms of infection. That actually touched me and I feel the Ministry of Education should come in and see how they can assist the girl child because it is a sad scenario. We realised this when we visited some of the schools and we saw children using these unhealthy and unhygienic means. So I am happy that you brought it to this House and that it has come from the women. Those are the challenges that the children are facing. We are here to support you to ensure that, that policy is put in place and all the schools are able to put up infrastructure and have the necessary services if a child happens to spoil themselves. We do not want our children to skip school because they do not have adequate sanitary wear. I thank you Madam President.
HON. SEN. MUMVURI: Thank you Madam President. I also rise to add my voice to the important motion which was brought here today by Hon. Sen. Mohadi and seconded by Hon. Sen. Mutsvangwa. Most of the issues have been talked about but I also want to support and emphasise on the point of the importance of the SADC Parliamentary Forum, especially focusing on its transformation from a forum to a fully fledged parliament of the region. Hon. Sen. Makore has talked about other regional parliaments which are in existence and have made a lot of impact. I also observed that there are regional parliaments in Europe; the European Parliament is very effective and is one of those which leads on policy and cascades it to the national policy. Inasmuch as we share regional issues, we should take it further.
From Hon. Sen. Mutsvangwa’s presentation, I have gathered that
SADC was formed long back and efforts to try to transform it since
1996, to a regional parliament, have not yielded anything. That is a long period, we are not being serious. If we want to be serious, our leaders must take an initiative so that they can transform it into a regional parliament. Of course, it has its impact on what it means after being transformed. It means that our representatives in that Parliament will no longer belong to this National Parliament, they have to be full time parliamentarians in that regional body.
At the moment, the laws they are using there are not enforceable. People take them selectively, it is up to National Parliaments to adopt them or not. However, if it becomes a regional and fully fledged parliament, then, the laws will be binding in the region and are enforceable to the national parliaments and we will be able to implement them. That is why I am supporting the idea of transforming the SADC Forum into a fully fledged parliament which must stand alone.
At the moment, we can say it is a voluntary organisation because there are some countries which may decide not to be members of that parliament and it ends there. Therefore, this forum has to be transformed into a regional parliament because members like Hon. Sen.
Mutsvangwa and Hon. Sen. Mohadi, besides representing us in the region; are also representing their respective constituencies in Manicaland and Matebeleland South. If they become full members of the forum, we create positions for others to come in and represent at national level.
The elections must be timed together with the national parliaments so that we have people here and if one decides to go out there, they relinquish the other post here whilst others take over. That enables us to coordinate issues effectively. The Select Committees which they have talked about become handy in terms of their decisions. For example, there is a Standing Committee on Agriculture, we depend on agriculture and this will give us an opportunity to communicate regionally and integrate our efforts together. This will enable us to desist from the situation we currently have where we are importing maize from other countries. We will share technology and knowledge. The integration of power supply cannot be overemphasised.
Hon. Sen. Mutsvangwa has talked about the construction of the Inka Dam; it is a project which is long overdue. However, because we lack the enforcement of laws, as it is, other countries may not agree. If we have the regional forum, it will enhance the development of such things. We must learn to do things as a region and not as individual countries. I have given an example of European Parliament, if their member visits the European Union, their visa is stamped once in Spain and they travel all over through Sweden, Norway and other regional countries using the same visa. We must therefore try to move towards that as a region, after all, we are the same people.
The Federation which was there during the period 1953 to 1963 did not yield much. However, I think there is no harm in going back to such an arrangement so that we are able to coordinate our ideas. Women and youth issues will also be coordinated together and we will be able to make the ease of doing business easier if we are a regional institution. I want to support the idea of transforming this forum into a fully fledged parliament of the SADC Region. We should debate it further and note the technicalities on how it should be done. It should be done sooner than later.
I want to welcome the idea that Zimbabwe will be hosting the upcoming SADC Plenary Session. I have always asked why Zimbabwe does not host some of these forums like the African Parliamentary Union (APU), which we sometimes attend. We have never hosted it here. This is a welcome idea and it should be the beginning. In one way or the other, we must try to host the international sessions which we often travel out there to attend. We should not be going out always; we have got something to offer. Hosting will bring us foreign currency from outside. People will participate in domestic and sporting tourism. For example the boxing match which took place on Friday brought sport tourism, we were happy and we loved it.
With these few words, I want to support this motion and urge this House to debate with vigour so that we transform some of these things we are talking about here. However, before I sit down, I want to speak on the observations of elections. We must get full details of the reports in here. When one goes to observe elections out there and come back here, it should be reported so that we learn from them as well – [HON.
SENATORS: Hear, hear.] – and adopt some of the things from there.
This one is a ‘take-note’ motion because whether we adopt it or not, it does not go very far. However, we must have detailed reports from those who go and observe elections elsewhere and then we can compile a comparison on where we are doing it right or wrong. We have to learn from others. With these few words Madam President, I want to thank you.
HON. SENATOR MUTSVANGWA: I move that the debate do
now adjourn.
HON. SEN. MUMVURI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 19th October, 2016.
On the motion of HON. SEN. MUTSVANGWA seconded by HON. SEN. MUMVURI, the Senate adjourned at a Minute past
Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 19th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
MOTION
RATIFICATION OF THE AMENDMENTS TO THE UNWTO
STATUTES AND FINANCING RULES
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (HON. ENG. MZEMBI): I move the motion standing in my name;
THAT WHEREAS, section 327(2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament; WHEREAS the Republic of Zimbabwe is a member of the United
Nations World Tourism Organisation (UNWTO) and party to the 1947
United Nations Convention on the Privileges and Immunities of
Specialised Agencies;
WHEREAS the Republic of Zimbabwe joined the UNWTO in
1981;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the pending Amendments to the UNWTO Statutes and Financing Rules;
WHEREAS the Republic of Zimbabwe is desirous of acceding to Annex XVIII of the 1947 Convention on Privileges and Immunities relating to UNWTO;
NOW THEREFORE, in terms of Section 327(2)(a) of the
Constitution of Zimbabwe, this House resolves that the aforesaid Statutes and Financing Rules and Annex XVIII of the 1947 Convention be and is hereby approved for ratification and accession respectively.
Madam President, the United Nations World Tourism Organisation is a specialised agency of the United Nations joining 16 other UN
Specialised agencies that include the International Monetary Fund, The World Bank, World Health Organisation, UNICEF, UNIDO, amongst others. It is responsible for the promotion of responsible, sustainable and universally accessible tourism.
Madam President, the agency was established in 1974 as the leading International Organisation in the field of tourism, promoting tourism as the driver of economic growth, inclusive development, environmentally and sustainably friendly products and offers leadership and support to the sector in advancing knowledge and tourism policies worldwide.
Zimbabwe has been a member of the UNWTO since 1981. Madam President, the UNWTO is committed to promoting tourism as an instrument of achieving the UN Sustainable Development Goals and in fact we are relevant in three to four of them, Sustainable Development
Goal Number 8, on decent jobs and growth; Sustainable Development
Goal Number 12 on sustainable production and consumption;
Sustainable Development Goal Number 14 on life under water and Sustainable Development Goal Number 15 on life over land. They are geared towards promoting decent work and sustained, inclusive and sustainable development, responsible consumption and production, and conservation and sustainable use of natural resources.
The organs of the UNWTO are the General Assembly, Executive
Council, Regional Commissions, Committees and the secretariat. The General Assembly is the principal gathering and decisions making organ of the UNWTO which approves the budget and programme of work and debates topics of vital importance to the tourism sector globally.
In 2013, the 20th General Assembly for the UNWTO, which was jointly hosted by Zimbabwe and Zambia, through Resolution 628(xx), called upon Member states to accede to Annex XVIII of the Convention on the Privileges and Immunities of the Specialised Agencies, 1947
(hereinafter, referred to as the “1947 Convention”) relating to the UNWTO in order for the organisation, its officials and experts to be able to enjoy the privileges and immunities provided to it as a specialised agency of the United Nations. The General Assembly also called on its Members to ratify all the amendments to the statutes and the financing rules that had not yet entered into force.
2.0 CURRENT SITUATION OF AMENDMENTS TO THE
STATUTES AND FINANCING RULES AND THE CONVENTION
ON PRIVILEDGES AND IMMUNITIES
2.1 Ratification of the Amendments to the Statutes and
Financing Rules
The financing rules govern issues such as payment of subscriptions by members, handling of arrears in the payment of member subscriptions and entail, inter alia, that a member which has one or more years in arrear payment may not be elected to the Executive Council or hold offices within the organs of the General Assembly and shall be deprived of the privileges enjoyed by other members in the form of services and the right to vote.
The amendments to the UNWTO Statutes include the following;
- No immediate renewal of membership of the Executive Council, thus, the amendment provides for non-automatic renewal of membership of the Council upon expiration, unless an immediate renewal of membership is essential to safeguard fair and equitable geographical distribution. The request for immediate renewal shall be subject to obtaining of a majority of the votes of the full members present and voting;
- Appointment of the Secretary General and term of office, which seeks to limit the term of office of the Secretary General to four years, renewable only once;
- Adoption of Chinese as an official language of the UNWTO to include Chinese language as an official language of the UNWTO together with English, Arabic, French, Russian and Spanish languages;
- Change of depository from the Government of Switzerland, which was the depositary prior to the General Assembly resolution of September, 1981, to the Government of Spain, which is the current host of the UNWTO Headquaters;
- Awarding of a permanent seat to Spain in the Executive Council, which provides for the host State of the UNWTO Headquarters to have a permanent additional seat on the Executive Council, which shall not be affected by the geographical distribution of the
Council seats;
- Membership matters concerning status of membership, for example, full member (sovereign state), Associate Member (territorial/regional, intergovernmental or non-governmental organisations, tourism bodies), Affiliate Members (Youth in Tourism, Youth to Youth in Tourism).
2.2 Accession to the 1947 UN Convention on the Privileges and Immunities of the Specialised Agencies relating to the
UNWTO
The 1947 UN Convention on the Privileges and Immunities provides that the organisation, its officials and representatives shall enjoy in the territory of each of its members such privileges and immunities as a necessary fulfilment of its purposes such as being immune from legal process, exemption from taxation on salaries, immune from national service obligations.
Article 63 of the UN Charter provides for a special relationship between the UN and its various specialised agencies with wide international responsibilities, as defined in their various mandates and to coordinate activities of the special agencies, the UNWTO being one such.
Since Annex XVIII to the 1947 Convention on the Privileges and Immunities of the UN Specialised Agencies relating to UNWTO came into force on 30 July, 2008, nine countries have acceded to the convention namely, Angola, Bulgaria, Germany, Morrocco, Portugal, San Marino, Serbia, Switzerland and Seychelles.
Zimbabwe became party to the 1947 UN Convention on the Privileges and Immunities of Specialised Agencies on 5 March, 1991 and has already acceded and given effect in the domestic legal system in respect of UN specialised agencies such as the ILO, FAO, ICAO, WHO,
UNESCO and IMF. Thus, acceding to Annex XVIII relating to the UNWTO should not present any practical problem.
3.0 BENEFITS OF UNWTO MEMBERSHIP
- Zimbabwe co-hosted the 20th Session of the UNWTO General
Assembly in August, 2013 with Zambia in Victoria Falls and Livingstone Towns, which helped restore confidence in Zimbabwe as a prime tourism destination.
- Zimbabwe hosted a UNWTO regional e-marketing course for the tourism industry in March, 2015 and benefited from technical expertise and information sharing on e-marketing of tourism regionally and globally.
- Project Funding:-
i)UNWTO General Assembly Legacy Project for the Victoria Falls community where the UNWTO, in partnership with the Ministry of Tourism and Culture of the Republic of Korea are rehabilitating the Chinotimba Community swimming pool to the tune of US$47 500ii)Training and capacitating of women, youth and SMEs in tourism in Victoria Falls amounting to US$80 000, project agreement in final stages.
4.0 CONCLUSION
The request to Parliament for approval for Zimbabwe to accede to Annex XVIII relating to the UNWTO on the 1947 Convention on
Privileges and Immunities and to ratify Amendments to the UNWTO
Statutes and Financing Rules, is premised on;
- The importance of Zimbabwe as a member of the UNWTO through its Chairmanship of the UNWTO Regional Commission for Africa and the benefits of capacity building, project and technical assistance derived from the Membership, and
- The need to raise the profile of Zimbabwe’s candidature for the position of UNWTO Secretary General which falls vacant in
September, 2017.
Timely ratification of the amendments to the Statutes and accession to Annex XVIII will enable the Hon. Minister, Dr. Eng. Walter Mzembi, to submit his credentials as Africa’s candidate for the Secretary General position in October, 2016 in Egypt during the UNWTO Executive
Council meeting with full confidence of this country having ratified and acceded to the Statutes of the very same organisation that he aspires to lead.
*HON. SEN. MAKORE: Thank you Madam President of the
Senate for giving me this opportunity to say a few words as regards the Motion that has been put forward by Hon. Minister Eng. Mzembi. It is quite clearly acceptable in terms of the particular performance that was noticeable in the Ministry of Tourism and Hospitality Industry that has been headed by Hon. Eng. Mzembi. It has been witnessed that the performance of this Ministry was sometime above 5% with a contribution of gross domestic product that was namely the Tourism Ministry and also Mining.
I have also observed the initiatives that have been rolled over and over in this particular ministry. It is true that it did generate some very noticeable contribution that now it moves from millions to a dollar economy, to me it is quite a milestone. Secondly, there is no doubt that this candidate is most suitable for Africa itself to be one of Zimbabwe’s pride in terms of submitting to such a higher post of Secretary General.
You have full support because your performance has been great in Zimbabwe. It shows really that if you go up higher Africa will be proud in terms of initial generation that is initiated from your abilities that we have seen. You are a hard worker, you have been very resourceful. We wish you the best if you go or even higher to represent African because we are confident of your performance which is on the record.
Madam President of the Senate, there is no doubt that this august Senate supports this motion. I do not want to go much further than this but we really are proud of your performance Hon. Eng. Mzembi. May God bless you when you go. Thank you very much.
+HON. SEN. NCUBE: Thank you Madam President of the
Senate for giving me this opportunity to support this Motion that has been moved by The Minister of Tourism and Hospitality Industry. I would like to thank the Hon. Sen. who has just contributed. Minister, I believe you are one of the Ministers who is acquitting himself well and you are raising the flag of Zimbabwe high. Personally, I will debate what I see as problematic. You are one of those Ministers who is doing well in his work in raising the flag of Zimbabwe high. What I am not happy with is the arrears being mentioned – they are too high. I think you mentioned US$93m in arrears. You have come to request this
House to help you lobby the Minister of Finance and Economic
Development to pay so that we remain a member of this organisation.
What pains me is that yesterday, Hon. Sen. Mohadi brought something here, there are a lot organisations which we are members of and we are in arrears in those organisations. Today I listened to the news and I heard that there are people who are in pain in Mpilo Hospital there are no drugs and people are in pain. Yes, this is a situation but I have just said let me bring this to your attention. Since we are having all these arrears, let us also think of those who are sick. We are talking of representing the country but let us also consider our people who are ill. Let us consider that there are no drugs in our hospitals, let us consider that there are people who are poor, people without money who go into the hospital and they are returned. This has nothing to do with you
Minister but I have raised it because it is a money issue. This is why I have involved this issue even though I support you to be there because I know you work hard as a Minister.
When you are in the Cabinet please help and remember that there are people who are suffering out here so that the Minister of Health and Child Care is allocated enough resources. We seem to forget that there are people who are ill out there. This is the electorate, may we also value these people who are suffering. Let us mobilise resources so that we buy the drugs. I thank you.
*HON. SEN. CHIEF CHISUNGA: Thank you Madam President
for affording me this opportunity. I would want to thank our Hon. Minister Eng. Mzembi for coming before Parliament with this motion so that it could allow our Government to come up with these amendments.
We are privileged to have heard his explanation. This enables us as Zimbabweans to be able to work hand in glove with Africa and the world in that we should derive benefits from such organisations.
First and foremost, it is his right to be the Secretary General as benefits attached to this can be enjoyed by Zimbabweans if we are a fully subscribed member of UNWTO. The other benefit was our hosting the meeting in Victoria Falls. We benefited from the tourists that came here. This was enabled by the able leadership of Hon. Mzembi to disseminate the message that Zimbabwe is a beautiful country and a good destination for tourism. These are some of the benefits that we can have. Our request is that from now onwards, we are running short of time. These amendments have come late. We should have made a lot of noise to Hon. Minister Chinamasa so that he could quickly pay the arrears to our subscriptions so that we will not lose this opportunity.
This is a once in a life time opportunity. We are not uplifting Hon. Mzembi per se, but we are uplifting brand Zimbabwe so that we can raise our flag high through his able leadership in this particular organisation. We will ensure that our tourism will improve.
From his explanation, tourism is a sector that can improve our economy. According to his explanation, tourism is acting as a pain killer because the proceeds from tourism are being used in developing our country. We want Hon. Mzembi to be fully clothed and fully equipped as a member. As he represents the African continent, some continents, including Africa are supporting his candidature.
As Africa, this is the first time that we are getting this opportunity - as Zimbabwe in particular and we should stand by him. Some Hon. Senators have already explained the good work that he has done – deeds and not words. You will have observed that in the past two to three years, we were having foreigners that were coming here through Bulawayo to Harare conducting their own carnivals.
We urge you Minister to stand up and you will be guaranteed that we are behind you 100%. We hope that your candidature will succeed. With these few words I want to thank you and commend these amendments.
*HON. SEN. SHIRI: Thank you Madam President. I want to say to Hon. Eng. Mzembi we are very happy that you have come with such a request before this august House.
Secondly, I would like to congratulate you Minister for commemorating the World Tourism Day in Zimbabwe which had the theme to do with accessible tourism through universal designs including the disabled like myself.
I believe Hon. Minister you are capable and you are gifted. You are a valuable asset to Zimbabwe in the tourism sector. We wish you the best of luck when you conduct your campaigns and that you will emerge successful and be in a position to raise tourism as well as the Zimbabwean flag high.
*HON. SEN. CHIEF MUSARURWA: Thank you Madam
President. I have decided to add a few words on the motion raised by the Hon. Minister of Tourism and Hospitality, Eng. Mzembi where he is seeking support to represent Zimbabwe as a country in this world wide body in that he wants this august House to approve this treaty. We fully support you Hon. Minister – I would want to assure you that because you are working for the country.
We have heard you say that at the moment, our tourism is now wracking in an excess of US$1 billion to the economy. This is when you had worked hand in glove with your leaders and you have been listening to your leaders. Therefore Minister, we support you fully.
You are aware that the tourism sector that you are talking about, the Chiefs are the custodians of that tourism. These areas that your visitors visit fall under the domain of Chiefs. Minister, I urge you to strongly support through the authority and Ministry so that you work hand in glove with the Chiefs, so that your tourism will grow in leaps and bounds. I say so because I am aware of certain areas where you are losing out or are ignorant. That would also contribute towards the US$1 billion so that you would be talking of US$1.5 billion.
I will give an example of Nyanga, there are tourist attraction areas but a lot of tourists no longer want to go there. If you work hand in glove with the Chiefs and obey the culture of those Chiefs, you will be able to ensure that sacred areas are not desecrated so that our visitors can enjoy their stay in that area.
I thank you Minister that you working very hard. We will work with you. I thank you.
*HON. SEN. MAKONE: I would like to join my colleagues to ensure that we facilitate the Minister’s desires. We worked with the Minister for a long time in the Government of National Unity when he strongly launched a Tourism Policy. All that which he has done is well chronicled and we have been supporting him throughout and we have not changed our stance. You are a hard worker and everyone knows that but what we would like to congratulate you about Minister, is your behaviour. You give us a good image outside. You are a good ambassador for our country. If all our Ministers were good ambassadors, our country would be in a better place. Anyone who comes with their requests, and if they were to come in the manner that you have come, Zimbabwe would be flowing with milk and honey. We will be with you in our prayers and wish you well, and the best of luck with your candidature. I thank you.
*HON. SEN. CHIMHINI: Thank you Madam President. When
the Minister came here, I addressed him as ambassador and he smiled. I am saying so because as the majority of Members have said, he is indeed a knowledgeable Minister who knows what he is doing. Your wish is our command. As the august House, we will accept it. My plea to the Minister of Finance is that, let us settle our debts. We should not be known for the wrong reasons that we are bad debtors.
Before going any further, we urge you to support and grow tourism, and that it should not be a domain of just the rich but also the poor so that the people in the communal lands also enjoy domestic tourism. The domestic tourism should be affordable to the locals. Our hotels have exorbitant charges. I believe these are issues that you could look at with a view to lowering the rates for the locals.
Furthermore, we urge you to take into cognisance that there are certain places in Zimbabwe that are very beautiful but people do not know how to conduct themselves in those areas. There should be this tourism that is guided by the culture and knowledge of the chiefs in that area. Nyanga specifically has had some specific cases which are well chronicled. There are ways and means in which such debacles can be avoided by working hand in glove with the chiefs. Minister, I hope that as this august House, we accept and accede to your request, and in the same vein urge the Minister of Finance to pay for our outstanding debts.
I thank you.
THE MINISTER OF TOURSIM AND HOSPITALITY
INDUSTRY (HON. ENG. MZEMBI): I want to appreciate all the complimentary remarks that have been tabled by Hon. Senators. It is exactly that which I need much more than money. Goodwill from your own people is the beginning of a successful journey to an election. So I really appreciate that. Now, to take advantage of this item that I have tabled which has also been taken advantage of by the Senators to raise issues that they certainly need answers to, I have taken some of them as suggestions and yet others are also questions which I think I should favour them with answers before I take leave of the House.
Just to preamble some of the responses with a statement that says,
‘No nation is an island’; Zimbabwe can never do well unless it is fully integrated in the international family of countries. This is why you would recall upon the consummation of the Inclusive Government, one of the very first acts of that Government, which I was part to, was an exercise in reaching out on re-engagement so that we begin to enjoy the goodwill of other nations. We can only do better on the back of the goodwill from other nations. This is why we all should fight and unite around the purpose of making sure that we remove sanctions or that sanctions are removed from Zimbabwe to the extent that their continued application on the country become an expression of lack of goodwill for the country. This is why a sector like tourism is positioned in the manner that I have positioned it; as a forerunner and predecessor to all foreign affairs engagements. So when I go out there, I really treat myself as a worker waMumbengegwi ari kuenda kubasa reForeign Affairs so that we keep Zimbabwe connected.
I want to say that there has been a lot of talk about the reform of United Nations. That debate is led by none other than our own President and he remains the voice of conscience. Some of the statements actually may astound others that whilst we are in this election, why do we make statements like that. He remains the voice of conscience within Africa to the extent that we should be present in the UN system in a very bold way and that is how I take it.
Also, to add on to his clarion call on the reform of the UN to say that one of the best ways of reforming the UN system, is actually to take charge and control of some of its agencies and begin to set the agenda. For instance, if we succeed with this election in the UNWTO, what it basically does is that it places me on the table of the global cabinet with seventeen other people including the Chair of the Chief Executive Board, who is the UN Secretary General himself and that Zimbabwe on the table basically setting the agenda. This is the significance of this position that we are aspiring to lead at the UN. So, one of the best ways and not only the ‘be end and end all’, it is just one of them, is to make sure that we reform and take charge of some of its agencies and set the agenda. Africa in pushing me forward, is actually seeking that reform and complementing the President’s clarion call on reform of the UN agency.
I also want to share something that yes, I can get money and we can pay the $93 000 outstanding fees at the UNWTO but there are other threats to this campaign which you as the elderly council of the country must be seized with. I can be out there pushing an agenda on Zimbabwe, but if your actions back here contradict that agenda, it is an exercise in futility. The only people that I can only appeal to who can seize themselves with this matter, is this very House the Senate, because it is a legitimate framework for dialogue, not just amongst yourselves but with the people on the streets, the police and your children.
There is no substitute to diplomacy and this is the word that I want to leave with you. I am seeking to run a UN agency. It is a manifestation of Zimbabwe wanting to walk the diplomatic route. Our highest expression that we are turning a diplomatic corner and we want to engage is exactly this election. Now, I cannot be doing that when you are contradicting me on the streets. So, we have to go back to the drawing board and agree on the philosophy of dialogue to say, at the slightest indication of disagreement within the nation, we must lock each other within a room and resolve our differences. They cannot spill to the United Nations as was the case in the last month, or spill into global mainstream media because all we succeed in doing and becoming, is being a laughing stock of the world. Each time we witness all those stories that we read on CNN and BBC, that are self-sponsored because we sponsor them ourselves as Zimbabweans. All we are doing is decimating our brand equity as Zimbabweans. By the time I go out there, instead of fielding questions on tourism, I am being asked questions about political conditions, economy and I am detracted from actually proffering myself as a tourism boss candidate, to now dealing with brand Zimbabwe issues and my enemies love that. Those that are fighting me in this election, the opponents love to hang on to that narrative.
What we have succeeded really in getting this far and coming to table these statutes is to define what even Nathaniel in one Bible verse where he asks Phillip to say, “Nazareth! Nazareth! Can anything good come out of Nazareth”. These are the questions that I am confronted with. Zimbabwe! Zimbabwe! Can anything good come out of
Zimbabwe? Africa! Africa! Can anything good come out of Africa? The answer by Phillip to Nathaniel was - come and see. If you come and see, you will see it for yourself that there is something good that can come from Zimbabwe. That is really the essence of this Ministry. It is a come and see Ministry. My job is to say to people, come and see it for yourself. Come and experience the destination. The highest manifestation of that was the 20th Session of the UNWTO General Assembly because I was able to bring the whole world leadership in tourism to say, come and experience the destination; after this, if you have an opposite narrative then it means you have not seen anything. This is the office I am seeking to run. Come and see office. Come and see for yourself. Come and experience it.
Assist me even as I do that to make sure that we domesticate our differences. They are resolved within the borders, within Zimbabwe like what I see in Zambia each time they go for elections, they lock each other in Mulungushi Hall. They talk and talk, people have tea and biscuits because they want to take that from the streets into a room like this, ndomumatare ka. People chat to each other and come up with solutions to their own country. If you do not manage it and people who are on the streets – imi ndimi munokwanisa kuunza vanhu vese kuti huyayi titaurirane tiri muroom and you will not see anybody on the streets and you will not see a negative media clip on Zimbabwe which does not assist what I am seeking to achieve here together with yourselves.
I also wish to share with you that one of the chief products; in fact arguably the main one that I sell together with my team as we go out there, is peace. The peace that obtains in Zimbabwe is our first product because it does not matter how attractive your tourist attractions are. Victoria Falls, Eastern Highlands, Domboshava and everything, if they are situated in a conflict zone nobody will visit. I grew up in a township in Mucheke in Masvingo and there were no durawalls. You could virtually see what is happening in the next household. The next household could peep into what is happening in the next one and it was a generally established rule that households in conflict are not visited. You do not go where father and mother in the next house are fighting. Do you go there? It is the same simple analogy and principle that applies to countries visiting each other. The moment you signal conflict, the visiting world starts actually noting that ah-h! Maybe it is not safe to go there even when it is okay when you have resolved your issues here. They will still take time to recover from that message that was planted to them in the past.
I just appeal that we maintain our safety record in tourism which is 33 years. The last time that we lost a tourist to insecurity in this country was 33 years ago. So, that is what I position when I go out there to say come to Zimbabwe, peaceful, secure, stable, 33 years safety record. When they compare it to destinations up north and elsewhere they say ah-h! No, no, I think Zimbabwe is a value proposition that can secure us, so let us go there - chief product.
The second one is - you the people, your hospitality. If you are seen throwing stones and burning this and what have you on CNN and BBC, you are defying the narrative that I sell about you. I sell you as a highly intellectual country because that is what you are. You are 94% literate. So, I sell that aspect. I sell your hospitality, the fact that you are able to resolve conflicts quietly away from the streets or elsewhere. Those are the features that I sell about Zimbabwe. That is how you are remembered out there. This new narrative of street protests or trying to resolve things on the streets is not you. It is not Zimbabwean because that is not how you are remembered in the last 36 years. You are defying something that you have built around yourself – the people pillar nation branding as a very peaceful people that resolve their conflicts quietly. So, please help us. Help this election but help yourselves so that we bring that money into the country.
I want to thank you so much for listening. I have heard issues around domestic tourism, that you want to enjoy these products but again those solutions are in this room and the next one there. We can only enjoy these products on the back of our ability to raise a middle class. If you raise a middle class – the more you raise it the more people enjoy the product but if you have a fast diminishing middle class in a country as is currently the case, then that product is only enjoyed by the apex, the few rich. Let us work hard, both Houses together with others that are outside here, the Executive, Judiciary and Zimbabwe at large to make sure that we lift people out of poverty into a middle class. You will see them starting to enjoy these tourist products.
We must make that decision to set it as a goal to say, how many people do we have at the base of the pyramid. If they are 12 million today, we must make the decision that by year 2020 we want only 6 million at the base of the pyramid. The rest must be middle class and you will see people starting to visit Nyanga, Kariba and elsewhere because these products are not sold for free. They are sold at a cost because they are business products. For us to induce business, there must be a market and that market is the middle class that I am sharing with you. I take the issue around extortionate and inordinate pricing which is a mischief of the US dollar. I have my own prescriptions that I was discussing last night with the Governor of the Reserve Bank around this area and I hope that I can come back to this House one day soon to just come and talk tourism and how I see it helping in the recovery of this economy together with the other three pillars - agriculture, mining and manufacturing.
It is very simple; tourism cannot market conflict. We cannot package conflict. We package peace and on the back of it people come.
Tinotenda zvikuru, siyabonga.
Motion that:
WHEREAS, Section 327(2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President does not bind
Zimbabwe until it has been approved by Parliament;
WHEREAS the Republic of Zimbabwe is a member of the United
Nations World Tourism Organisation (UNWTO) and party to the 1947
United Nations Convention on the Privileges and Immunities of
Specialised Agencies;
WHEREAS the Republic of Zimbabwe joined the UNWTO in
1981;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the pending Amendments to the UNWTO Statutes and Financing Rules;
WHEREAS the Republic of Zimbabwe is desirous of acceding to Annex XVIII of the 1947 Convention on Privileges and Immunities relating to UNWTO;
NOW THEREFORE, in terms of section 327 (2) (a) of the
Constitution of Zimbabwe, this House resolves that the aforesaid Statutes and Financing Rules and Annex XVIII of the 1947 Convention be and is hereby approved for ratification and accession respectively.
Motion put and adopted.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE THEMATIC COMMITTEE ON GENDER AND
DEVELOPMENT ON THE STATUS OF CHILDREN’S HOMES ON
THE ORDER PAPER
HON. SEN. MAKORE: Mr. President, I move the motion standing in my name that the debate on the First Report of the Thematic
Committee on Gender and Development on the Status of Children’s Homes which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper.
HON. SEN. BUKA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE SECOND
REPORT OF THE THEMATIC COMMITTEE ON GENDER AND
DEVELOPMENT ON EARLY CHILD MARRIAGES ON THE
ORDER PAPER
HON. SEN. MAKORE: Mr. President, I move the motion standing in my name that the debate on the First Report of the Thematic Committee on Gender and Development on Early Child Marriages which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper.
HON. SEN. BUKA: 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. MURWIRA: Thank you Mr. President for the opportunity. I want to thank the mover of the motion Hon. Sen. Nyambuya who was seconded by Hon. Sen. Mavhunga. I want to thank the President of this country for opening the Fourth Session of the
Eighth Parliament, who is also the Commander-in-Chief of the Defence Forces. Our President mentioned a number of Bills that we will look at, the Constitutional Bill, Rural Councils Bill and Marriages Bill. Mr.
President, I want to talk about the Traditional Bill which I think is very important. It has a lot to do with our culture as well as the conservation of our natural resources.
Mr. President, I want to talk about the traditional leaders in our nation. They should be respected, honoured and given more powers than those that they currently have. I want to bring to this House that our chiefs need to get better accommodation in the areas that they stay, as well as getting transport in order for them to be mobile in their areas. I am not talking about the traditional leaders in this House but even those who are in various areas, they should be given better accommodation because they have the duty of ensuring the conservation of our natural resources.
The issue of child marriages should be under the jurisdiction of the traditional leaders. If we look at the past week, the electronic media had a story that a five year old was raped which is very sad. If the traditional chiefs have the powers to deal with such matters, it can be dealt with urgently.
Mr. President, the dressing that is now in Zimbabwe for both men and women; you find the men putting sagged trousers and you also see women in tight trousers. When you look at them you feel ashamed and wonder what is happening. I think certain things that we are copying from other countries are not good and we need to safeguard our culture and traditional values. I think this should be under the jurisdiction of the traditional leaders. We know there are no chiefs in the metropolitan provinces but in those areas where they are, they should be given the jurisdiction to deal with such individuals.
I also want to thank Mr. President for this opportunity that you have given me to add my voice to this debate.
*HON. SEN. MALULEKE: Thank you Mr. President for
affording me the opportunity to add a few words on this good motion that was moved by Hon. Sen. Retired General Nyambuya and seconded by Hon. Sen. Mavhunga. I am very grateful for the speech that the
President had delivered. It was straight forward and well laid out.
However, I would want to confine myself on the proposed Prison Bill.
A few months ago, there was a Presidential Pardon, where 2000 prisoners were released. I observed that 131 of them have since been reincarcerated including women that have children. What I fail to understand is that do they now enjoy life in prison or we are failing as society to look after them.
As an august House, we ask permission to visit prisons as well as police stations so that we can come face to face with their challenges and see the lives of people who would have been arrested; inmates and suspects when they are in police and prison custody. So that as society, we can prepare on how best we can then live with them. I visited an Officer in-Charge at a particular police station; there were no keys or locks. Law enforcement agents are easy targets for offenders once they are released from prison but the President was lenient when he gave them clemency. During the visit with our committee, we saw that prisoners are taught life skills which they can use upon being released from prison. We then fail to understand whether they have now become hardened criminals. I was unhappy that eight women have since been re-incarcerated and above all they have children. It is painful. As parents in this august House it tends to hurt us.
There will also be a Marriage Bill which is forth coming. We have spoken on end denouncing early marriages and that they are problematic. When we go to our constituencies, let us put our heads together with our chiefs and traditional leadership as well as church leaders.
Nowadays, we now have too many churches and we do not know some of the laws that they have. There are churches were seven year olds are referred to as madzimai. In Tshanghani language, tsikombi means an elderly lady. So those girls succumb to wearing very long dresses but we should not use such names on these innocent children. There are those churches which put on white regalia but we do not appreciate their rules as regards the safeguarding of the girl child. We urge the leaders, even if it is not your church to have time to visit such churches, even when not invited, we should attend. I once went to a certain church where they put on the longish type of dressing, they restrict people to one man, one woman and I praise them for such a policy.
Lastly, on the issue of chiefs, the Traditional Leaders Bill is welcome. We should put our heads together and ensure that they are looked after properly. They now have dilapidated vehicles. Some of them now use public transport. They should have their vehicles repaired or given new ones so that they can go and attend provincial meetings at the provincial administrator as respectable chiefs. They are the representatives of Government hence the Government should help them.
The chiefs are the eyes of the Government in the communal lands. We urge Government to look after the welfare of the chiefs as regards decent homes and decent cars. All these Bills are going to pass through this august House as they are transmitted from the Lower House. I thank you.
HON. SEN. MASUKU: I move that the debate do now adjourn.
HON. SEN. MAKORE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th October, 2016.
MOTION
REPORT OF THE DELEGATION TO THE 39th PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Fifth Order read: Adjourned debate on motion on the Report of the
Delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SENATOR MASUKU: I move that the debate do now
adjourn.
HON. SEN. CHIMHINI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th October, 2016.
On the motion of HON. SEN. MASUKU seconded by HON. SEN. BHEBE, the Senate adjourned at Nine Minutes to Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 19th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF SENATE in the Chair)
MOTION
RATIFICATION OF THE AMENDMENTS TO THE UNWTO
STATUTES AND FINANCING RULES
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (HON. ENG. MZEMBI): I move the motion standing in my name;
THAT WHEREAS, section 327(2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament; WHEREAS the Republic of Zimbabwe is a member of the United
Nations World Tourism Organisation (UNWTO) and party to the 1947
United Nations Convention on the Privileges and Immunities of
Specialised Agencies;
WHEREAS the Republic of Zimbabwe joined the UNWTO in
1981;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the pending Amendments to the UNWTO Statutes and Financing Rules;
WHEREAS the Republic of Zimbabwe is desirous of acceding to Annex XVIII of the 1947 Convention on Privileges and Immunities relating to UNWTO;
NOW THEREFORE, in terms of Section 327(2)(a) of the
Constitution of Zimbabwe, this House resolves that the aforesaid Statutes and Financing Rules and Annex XVIII of the 1947 Convention be and is hereby approved for ratification and accession respectively.
Madam President, the United Nations World Tourism Organisation is a specialised agency of the United Nations joining 16 other UN
Specialised agencies that include the International Monetary Fund, The World Bank, World Health Organisation, UNICEF, UNIDO, amongst others. It is responsible for the promotion of responsible, sustainable and universally accessible tourism.
Madam President, the agency was established in 1974 as the leading International Organisation in the field of tourism, promoting tourism as the driver of economic growth, inclusive development, environmentally and sustainably friendly products and offers leadership and support to the sector in advancing knowledge and tourism policies worldwide.
Zimbabwe has been a member of the UNWTO since 1981. Madam President, the UNWTO is committed to promoting tourism as an instrument of achieving the UN Sustainable Development Goals and in fact we are relevant in three to four of them, Sustainable Development
Goal Number 8, on decent jobs and growth; Sustainable Development
Goal Number 12 on sustainable production and consumption;
Sustainable Development Goal Number 14 on life under water and Sustainable Development Goal Number 15 on life over land. They are geared towards promoting decent work and sustained, inclusive and sustainable development, responsible consumption and production, and conservation and sustainable use of natural resources.
The organs of the UNWTO are the General Assembly, Executive
Council, Regional Commissions, Committees and the secretariat. The General Assembly is the principal gathering and decisions making organ of the UNWTO which approves the budget and programme of work and debates topics of vital importance to the tourism sector globally.
In 2013, the 20th General Assembly for the UNWTO, which was jointly hosted by Zimbabwe and Zambia, through Resolution 628(xx), called upon Member states to accede to Annex XVIII of the Convention on the Privileges and Immunities of the Specialised Agencies, 1947
(hereinafter, referred to as the “1947 Convention”) relating to the UNWTO in order for the organisation, its officials and experts to be able to enjoy the privileges and immunities provided to it as a specialised agency of the United Nations. The General Assembly also called on its Members to ratify all the amendments to the statutes and the financing rules that had not yet entered into force.
2.0 CURRENT SITUATION OF AMENDMENTS TO THE
STATUTES AND FINANCING RULES AND THE CONVENTION
ON PRIVILEDGES AND IMMUNITIES
2.1 Ratification of the Amendments to the Statutes and
Financing Rules
The financing rules govern issues such as payment of subscriptions by members, handling of arrears in the payment of member subscriptions and entail, inter alia, that a member which has one or more years in arrear payment may not be elected to the Executive Council or hold offices within the organs of the General Assembly and shall be deprived of the privileges enjoyed by other members in the form of services and the right to vote.
The amendments to the UNWTO Statutes include the following;
- No immediate renewal of membership of the Executive Council, thus, the amendment provides for non-automatic renewal of membership of the Council upon expiration, unless an immediate renewal of membership is essential to safeguard fair and equitable geographical distribution. The request for immediate renewal shall be subject to obtaining of a majority of the votes of the full members present and voting;
- Appointment of the Secretary General and term of office, which seeks to limit the term of office of the Secretary General to four years, renewable only once;
- Adoption of Chinese as an official language of the UNWTO to include Chinese language as an official language of the UNWTO together with English, Arabic, French, Russian and Spanish languages;
- Change of depository from the Government of Switzerland, which was the depositary prior to the General Assembly resolution of September, 1981, to the Government of Spain, which is the current host of the UNWTO Headquaters;
- Awarding of a permanent seat to Spain in the Executive Council, which provides for the host State of the UNWTO Headquarters to have a permanent additional seat on the Executive Council, which shall not be affected by the geographical distribution of the
Council seats;
- Membership matters concerning status of membership, for example, full member (sovereign state), Associate Member (territorial/regional, intergovernmental or non-governmental organisations, tourism bodies), Affiliate Members (Youth in Tourism, Youth to Youth in Tourism).
2.2 Accession to the 1947 UN Convention on the Privileges and Immunities of the Specialised Agencies relating to the
UNWTO
The 1947 UN Convention on the Privileges and Immunities provides that the organisation, its officials and representatives shall enjoy in the territory of each of its members such privileges and immunities as a necessary fulfilment of its purposes such as being immune from legal process, exemption from taxation on salaries, immune from national service obligations.
Article 63 of the UN Charter provides for a special relationship between the UN and its various specialised agencies with wide international responsibilities, as defined in their various mandates and to coordinate activities of the special agencies, the UNWTO being one such.
Since Annex XVIII to the 1947 Convention on the Privileges and Immunities of the UN Specialised Agencies relating to UNWTO came into force on 30 July, 2008, nine countries have acceded to the convention namely, Angola, Bulgaria, Germany, Morrocco, Portugal, San Marino, Serbia, Switzerland and Seychelles.
Zimbabwe became party to the 1947 UN Convention on the Privileges and Immunities of Specialised Agencies on 5 March, 1991 and has already acceded and given effect in the domestic legal system in respect of UN specialised agencies such as the ILO, FAO, ICAO, WHO,
UNESCO and IMF. Thus, acceding to Annex XVIII relating to the UNWTO should not present any practical problem.
3.0 BENEFITS OF UNWTO MEMBERSHIP
- Zimbabwe co-hosted the 20th Session of the UNWTO General
Assembly in August, 2013 with Zambia in Victoria Falls and Livingstone Towns, which helped restore confidence in Zimbabwe as a prime tourism destination.
- Zimbabwe hosted a UNWTO regional e-marketing course for the tourism industry in March, 2015 and benefited from technical expertise and information sharing on e-marketing of tourism regionally and globally.
- Project Funding:-
i)UNWTO General Assembly Legacy Project for the Victoria Falls community where the UNWTO, in partnership with the Ministry of Tourism and Culture of the Republic of Korea are rehabilitating the Chinotimba Community swimming pool to the tune of US$47 500ii)Training and capacitating of women, youth and SMEs in tourism in Victoria Falls amounting to US$80 000, project agreement in final stages.
4.0 CONCLUSION
The request to Parliament for approval for Zimbabwe to accede to Annex XVIII relating to the UNWTO on the 1947 Convention on
Privileges and Immunities and to ratify Amendments to the UNWTO
Statutes and Financing Rules, is premised on;
- The importance of Zimbabwe as a member of the UNWTO through its Chairmanship of the UNWTO Regional Commission for Africa and the benefits of capacity building, project and technical assistance derived from the Membership, and
- The need to raise the profile of Zimbabwe’s candidature for the position of UNWTO Secretary General which falls vacant in
September, 2017.
Timely ratification of the amendments to the Statutes and accession to Annex XVIII will enable the Hon. Minister, Dr. Eng. Walter Mzembi, to submit his credentials as Africa’s candidate for the Secretary General position in October, 2016 in Egypt during the UNWTO Executive
Council meeting with full confidence of this country having ratified and acceded to the Statutes of the very same organisation that he aspires to lead.
*HON. SEN. MAKORE: Thank you Madam President of the
Senate for giving me this opportunity to say a few words as regards the Motion that has been put forward by Hon. Minister Eng. Mzembi. It is quite clearly acceptable in terms of the particular performance that was noticeable in the Ministry of Tourism and Hospitality Industry that has been headed by Hon. Eng. Mzembi. It has been witnessed that the performance of this Ministry was sometime above 5% with a contribution of gross domestic product that was namely the Tourism Ministry and also Mining.
I have also observed the initiatives that have been rolled over and over in this particular ministry. It is true that it did generate some very noticeable contribution that now it moves from millions to a dollar economy, to me it is quite a milestone. Secondly, there is no doubt that this candidate is most suitable for Africa itself to be one of Zimbabwe’s pride in terms of submitting to such a higher post of Secretary General.
You have full support because your performance has been great in Zimbabwe. It shows really that if you go up higher Africa will be proud in terms of initial generation that is initiated from your abilities that we have seen. You are a hard worker, you have been very resourceful. We wish you the best if you go or even higher to represent African because we are confident of your performance which is on the record.
Madam President of the Senate, there is no doubt that this august Senate supports this motion. I do not want to go much further than this but we really are proud of your performance Hon. Eng. Mzembi. May God bless you when you go. Thank you very much.
+HON. SEN. NCUBE: Thank you Madam President of the
Senate for giving me this opportunity to support this Motion that has been moved by The Minister of Tourism and Hospitality Industry. I would like to thank the Hon. Sen. who has just contributed. Minister, I believe you are one of the Ministers who is acquitting himself well and you are raising the flag of Zimbabwe high. Personally, I will debate what I see as problematic. You are one of those Ministers who is doing well in his work in raising the flag of Zimbabwe high. What I am not happy with is the arrears being mentioned – they are too high. I think you mentioned US$93m in arrears. You have come to request this
House to help you lobby the Minister of Finance and Economic
Development to pay so that we remain a member of this organisation.
What pains me is that yesterday, Hon. Sen. Mohadi brought something here, there are a lot organisations which we are members of and we are in arrears in those organisations. Today I listened to the news and I heard that there are people who are in pain in Mpilo Hospital there are no drugs and people are in pain. Yes, this is a situation but I have just said let me bring this to your attention. Since we are having all these arrears, let us also think of those who are sick. We are talking of representing the country but let us also consider our people who are ill. Let us consider that there are no drugs in our hospitals, let us consider that there are people who are poor, people without money who go into the hospital and they are returned. This has nothing to do with you
Minister but I have raised it because it is a money issue. This is why I have involved this issue even though I support you to be there because I know you work hard as a Minister.
When you are in the Cabinet please help and remember that there are people who are suffering out here so that the Minister of Health and Child Care is allocated enough resources. We seem to forget that there are people who are ill out there. This is the electorate, may we also value these people who are suffering. Let us mobilise resources so that we buy the drugs. I thank you.
*HON. SEN. CHIEF CHISUNGA: Thank you Madam President
for affording me this opportunity. I would want to thank our Hon. Minister Eng. Mzembi for coming before Parliament with this motion so that it could allow our Government to come up with these amendments.
We are privileged to have heard his explanation. This enables us as Zimbabweans to be able to work hand in glove with Africa and the world in that we should derive benefits from such organisations.
First and foremost, it is his right to be the Secretary General as benefits attached to this can be enjoyed by Zimbabweans if we are a fully subscribed member of UNWTO. The other benefit was our hosting the meeting in Victoria Falls. We benefited from the tourists that came here. This was enabled by the able leadership of Hon. Mzembi to disseminate the message that Zimbabwe is a beautiful country and a good destination for tourism. These are some of the benefits that we can have. Our request is that from now onwards, we are running short of time. These amendments have come late. We should have made a lot of noise to Hon. Minister Chinamasa so that he could quickly pay the arrears to our subscriptions so that we will not lose this opportunity.
This is a once in a life time opportunity. We are not uplifting Hon. Mzembi per se, but we are uplifting brand Zimbabwe so that we can raise our flag high through his able leadership in this particular organisation. We will ensure that our tourism will improve.
From his explanation, tourism is a sector that can improve our economy. According to his explanation, tourism is acting as a pain killer because the proceeds from tourism are being used in developing our country. We want Hon. Mzembi to be fully clothed and fully equipped as a member. As he represents the African continent, some continents, including Africa are supporting his candidature.
As Africa, this is the first time that we are getting this opportunity - as Zimbabwe in particular and we should stand by him. Some Hon. Senators have already explained the good work that he has done – deeds and not words. You will have observed that in the past two to three years, we were having foreigners that were coming here through Bulawayo to Harare conducting their own carnivals.
We urge you Minister to stand up and you will be guaranteed that we are behind you 100%. We hope that your candidature will succeed. With these few words I want to thank you and commend these amendments.
*HON. SEN. SHIRI: Thank you Madam President. I want to say to Hon. Eng. Mzembi we are very happy that you have come with such a request before this august House.
Secondly, I would like to congratulate you Minister for commemorating the World Tourism Day in Zimbabwe which had the theme to do with accessible tourism through universal designs including the disabled like myself.
I believe Hon. Minister you are capable and you are gifted. You are a valuable asset to Zimbabwe in the tourism sector. We wish you the best of luck when you conduct your campaigns and that you will emerge successful and be in a position to raise tourism as well as the Zimbabwean flag high.
*HON. SEN. CHIEF MUSARURWA: Thank you Madam
President. I have decided to add a few words on the motion raised by the Hon. Minister of Tourism and Hospitality, Eng. Mzembi where he is seeking support to represent Zimbabwe as a country in this world wide body in that he wants this august House to approve this treaty. We fully support you Hon. Minister – I would want to assure you that because you are working for the country.
We have heard you say that at the moment, our tourism is now wracking in an excess of US$1 billion to the economy. This is when you had worked hand in glove with your leaders and you have been listening to your leaders. Therefore Minister, we support you fully.
You are aware that the tourism sector that you are talking about, the Chiefs are the custodians of that tourism. These areas that your visitors visit fall under the domain of Chiefs. Minister, I urge you to strongly support through the authority and Ministry so that you work hand in glove with the Chiefs, so that your tourism will grow in leaps and bounds. I say so because I am aware of certain areas where you are losing out or are ignorant. That would also contribute towards the US$1 billion so that you would be talking of US$1.5 billion.
I will give an example of Nyanga, there are tourist attraction areas but a lot of tourists no longer want to go there. If you work hand in glove with the Chiefs and obey the culture of those Chiefs, you will be able to ensure that sacred areas are not desecrated so that our visitors can enjoy their stay in that area.
I thank you Minister that you working very hard. We will work with you. I thank you.
*HON. SEN. MAKONE: I would like to join my colleagues to ensure that we facilitate the Minister’s desires. We worked with the Minister for a long time in the Government of National Unity when he strongly launched a Tourism Policy. All that which he has done is well chronicled and we have been supporting him throughout and we have not changed our stance. You are a hard worker and everyone knows that but what we would like to congratulate you about Minister, is your behaviour. You give us a good image outside. You are a good ambassador for our country. If all our Ministers were good ambassadors, our country would be in a better place. Anyone who comes with their requests, and if they were to come in the manner that you have come, Zimbabwe would be flowing with milk and honey. We will be with you in our prayers and wish you well, and the best of luck with your candidature. I thank you.
*HON. SEN. CHIMHINI: Thank you Madam President. When
the Minister came here, I addressed him as ambassador and he smiled. I am saying so because as the majority of Members have said, he is indeed a knowledgeable Minister who knows what he is doing. Your wish is our command. As the august House, we will accept it. My plea to the Minister of Finance is that, let us settle our debts. We should not be known for the wrong reasons that we are bad debtors.
Before going any further, we urge you to support and grow tourism, and that it should not be a domain of just the rich but also the poor so that the people in the communal lands also enjoy domestic tourism. The domestic tourism should be affordable to the locals. Our hotels have exorbitant charges. I believe these are issues that you could look at with a view to lowering the rates for the locals.
Furthermore, we urge you to take into cognisance that there are certain places in Zimbabwe that are very beautiful but people do not know how to conduct themselves in those areas. There should be this tourism that is guided by the culture and knowledge of the chiefs in that area. Nyanga specifically has had some specific cases which are well chronicled. There are ways and means in which such debacles can be avoided by working hand in glove with the chiefs. Minister, I hope that as this august House, we accept and accede to your request, and in the same vein urge the Minister of Finance to pay for our outstanding debts.
I thank you.
THE MINISTER OF TOURSIM AND HOSPITALITY
INDUSTRY (HON. ENG. MZEMBI): I want to appreciate all the complimentary remarks that have been tabled by Hon. Senators. It is exactly that which I need much more than money. Goodwill from your own people is the beginning of a successful journey to an election. So I really appreciate that. Now, to take advantage of this item that I have tabled which has also been taken advantage of by the Senators to raise issues that they certainly need answers to, I have taken some of them as suggestions and yet others are also questions which I think I should favour them with answers before I take leave of the House.
Just to preamble some of the responses with a statement that says,
‘No nation is an island’; Zimbabwe can never do well unless it is fully integrated in the international family of countries. This is why you would recall upon the consummation of the Inclusive Government, one of the very first acts of that Government, which I was part to, was an exercise in reaching out on re-engagement so that we begin to enjoy the goodwill of other nations. We can only do better on the back of the goodwill from other nations. This is why we all should fight and unite around the purpose of making sure that we remove sanctions or that sanctions are removed from Zimbabwe to the extent that their continued application on the country become an expression of lack of goodwill for the country. This is why a sector like tourism is positioned in the manner that I have positioned it; as a forerunner and predecessor to all foreign affairs engagements. So when I go out there, I really treat myself as a worker waMumbengegwi ari kuenda kubasa reForeign Affairs so that we keep Zimbabwe connected.
I want to say that there has been a lot of talk about the reform of United Nations. That debate is led by none other than our own President and he remains the voice of conscience. Some of the statements actually may astound others that whilst we are in this election, why do we make statements like that. He remains the voice of conscience within Africa to the extent that we should be present in the UN system in a very bold way and that is how I take it.
Also, to add on to his clarion call on the reform of the UN to say that one of the best ways of reforming the UN system, is actually to take charge and control of some of its agencies and begin to set the agenda. For instance, if we succeed with this election in the UNWTO, what it basically does is that it places me on the table of the global cabinet with seventeen other people including the Chair of the Chief Executive Board, who is the UN Secretary General himself and that Zimbabwe on the table basically setting the agenda. This is the significance of this position that we are aspiring to lead at the UN. So, one of the best ways and not only the ‘be end and end all’, it is just one of them, is to make sure that we reform and take charge of some of its agencies and set the agenda. Africa in pushing me forward, is actually seeking that reform and complementing the President’s clarion call on reform of the UN agency.
I also want to share something that yes, I can get money and we can pay the $93 000 outstanding fees at the UNWTO but there are other threats to this campaign which you as the elderly council of the country must be seized with. I can be out there pushing an agenda on Zimbabwe, but if your actions back here contradict that agenda, it is an exercise in futility. The only people that I can only appeal to who can seize themselves with this matter, is this very House the Senate, because it is a legitimate framework for dialogue, not just amongst yourselves but with the people on the streets, the police and your children.
There is no substitute to diplomacy and this is the word that I want to leave with you. I am seeking to run a UN agency. It is a manifestation of Zimbabwe wanting to walk the diplomatic route. Our highest expression that we are turning a diplomatic corner and we want to engage is exactly this election. Now, I cannot be doing that when you are contradicting me on the streets. So, we have to go back to the drawing board and agree on the philosophy of dialogue to say, at the slightest indication of disagreement within the nation, we must lock each other within a room and resolve our differences. They cannot spill to the United Nations as was the case in the last month, or spill into global mainstream media because all we succeed in doing and becoming, is being a laughing stock of the world. Each time we witness all those stories that we read on CNN and BBC, that are self-sponsored because we sponsor them ourselves as Zimbabweans. All we are doing is decimating our brand equity as Zimbabweans. By the time I go out there, instead of fielding questions on tourism, I am being asked questions about political conditions, economy and I am detracted from actually proffering myself as a tourism boss candidate, to now dealing with brand Zimbabwe issues and my enemies love that. Those that are fighting me in this election, the opponents love to hang on to that narrative.
What we have succeeded really in getting this far and coming to table these statutes is to define what even Nathaniel in one Bible verse where he asks Phillip to say, “Nazareth! Nazareth! Can anything good come out of Nazareth”. These are the questions that I am confronted with. Zimbabwe! Zimbabwe! Can anything good come out of
Zimbabwe? Africa! Africa! Can anything good come out of Africa? The answer by Phillip to Nathaniel was - come and see. If you come and see, you will see it for yourself that there is something good that can come from Zimbabwe. That is really the essence of this Ministry. It is a come and see Ministry. My job is to say to people, come and see it for yourself. Come and experience the destination. The highest manifestation of that was the 20th Session of the UNWTO General Assembly because I was able to bring the whole world leadership in tourism to say, come and experience the destination; after this, if you have an opposite narrative then it means you have not seen anything. This is the office I am seeking to run. Come and see office. Come and see for yourself. Come and experience it.
Assist me even as I do that to make sure that we domesticate our differences. They are resolved within the borders, within Zimbabwe like what I see in Zambia each time they go for elections, they lock each other in Mulungushi Hall. They talk and talk, people have tea and biscuits because they want to take that from the streets into a room like this, ndomumatare ka. People chat to each other and come up with solutions to their own country. If you do not manage it and people who are on the streets – imi ndimi munokwanisa kuunza vanhu vese kuti huyayi titaurirane tiri muroom and you will not see anybody on the streets and you will not see a negative media clip on Zimbabwe which does not assist what I am seeking to achieve here together with yourselves.
I also wish to share with you that one of the chief products; in fact arguably the main one that I sell together with my team as we go out there, is peace. The peace that obtains in Zimbabwe is our first product because it does not matter how attractive your tourist attractions are. Victoria Falls, Eastern Highlands, Domboshava and everything, if they are situated in a conflict zone nobody will visit. I grew up in a township in Mucheke in Masvingo and there were no durawalls. You could virtually see what is happening in the next household. The next household could peep into what is happening in the next one and it was a generally established rule that households in conflict are not visited. You do not go where father and mother in the next house are fighting. Do you go there? It is the same simple analogy and principle that applies to countries visiting each other. The moment you signal conflict, the visiting world starts actually noting that ah-h! Maybe it is not safe to go there even when it is okay when you have resolved your issues here. They will still take time to recover from that message that was planted to them in the past.
I just appeal that we maintain our safety record in tourism which is 33 years. The last time that we lost a tourist to insecurity in this country was 33 years ago. So, that is what I position when I go out there to say come to Zimbabwe, peaceful, secure, stable, 33 years safety record. When they compare it to destinations up north and elsewhere they say ah-h! No, no, I think Zimbabwe is a value proposition that can secure us, so let us go there - chief product.
The second one is - you the people, your hospitality. If you are seen throwing stones and burning this and what have you on CNN and BBC, you are defying the narrative that I sell about you. I sell you as a highly intellectual country because that is what you are. You are 94% literate. So, I sell that aspect. I sell your hospitality, the fact that you are able to resolve conflicts quietly away from the streets or elsewhere. Those are the features that I sell about Zimbabwe. That is how you are remembered out there. This new narrative of street protests or trying to resolve things on the streets is not you. It is not Zimbabwean because that is not how you are remembered in the last 36 years. You are defying something that you have built around yourself – the people pillar nation branding as a very peaceful people that resolve their conflicts quietly. So, please help us. Help this election but help yourselves so that we bring that money into the country.
I want to thank you so much for listening. I have heard issues around domestic tourism, that you want to enjoy these products but again those solutions are in this room and the next one there. We can only enjoy these products on the back of our ability to raise a middle class. If you raise a middle class – the more you raise it the more people enjoy the product but if you have a fast diminishing middle class in a country as is currently the case, then that product is only enjoyed by the apex, the few rich. Let us work hard, both Houses together with others that are outside here, the Executive, Judiciary and Zimbabwe at large to make sure that we lift people out of poverty into a middle class. You will see them starting to enjoy these tourist products.
We must make that decision to set it as a goal to say, how many people do we have at the base of the pyramid. If they are 12 million today, we must make the decision that by year 2020 we want only 6 million at the base of the pyramid. The rest must be middle class and you will see people starting to visit Nyanga, Kariba and elsewhere because these products are not sold for free. They are sold at a cost because they are business products. For us to induce business, there must be a market and that market is the middle class that I am sharing with you. I take the issue around extortionate and inordinate pricing which is a mischief of the US dollar. I have my own prescriptions that I was discussing last night with the Governor of the Reserve Bank around this area and I hope that I can come back to this House one day soon to just come and talk tourism and how I see it helping in the recovery of this economy together with the other three pillars - agriculture, mining and manufacturing.
It is very simple; tourism cannot market conflict. We cannot package conflict. We package peace and on the back of it people come.
Tinotenda zvikuru, siyabonga.
Motion that:
WHEREAS, Section 327(2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President does not bind
Zimbabwe until it has been approved by Parliament;
WHEREAS the Republic of Zimbabwe is a member of the United
Nations World Tourism Organisation (UNWTO) and party to the 1947
United Nations Convention on the Privileges and Immunities of
Specialised Agencies;
WHEREAS the Republic of Zimbabwe joined the UNWTO in
1981;
WHEREAS the Republic of Zimbabwe is desirous of ratifying the pending Amendments to the UNWTO Statutes and Financing Rules;
WHEREAS the Republic of Zimbabwe is desirous of acceding to Annex XVIII of the 1947 Convention on Privileges and Immunities relating to UNWTO;
NOW THEREFORE, in terms of section 327 (2) (a) of the
Constitution of Zimbabwe, this House resolves that the aforesaid Statutes and Financing Rules and Annex XVIII of the 1947 Convention be and is hereby approved for ratification and accession respectively.
Motion put and adopted.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE THEMATIC COMMITTEE ON GENDER AND
DEVELOPMENT ON THE STATUS OF CHILDREN’S HOMES ON
THE ORDER PAPER
HON. SEN. MAKORE: Mr. President, I move the motion standing in my name that the debate on the First Report of the Thematic
Committee on Gender and Development on the Status of Children’s Homes which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper.
HON. SEN. BUKA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE SECOND
REPORT OF THE THEMATIC COMMITTEE ON GENDER AND
DEVELOPMENT ON EARLY CHILD MARRIAGES ON THE
ORDER PAPER
HON. SEN. MAKORE: Mr. President, I move the motion standing in my name that the debate on the First Report of the Thematic Committee on Gender and Development on Early Child Marriages which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper.
HON. SEN. BUKA: 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. MURWIRA: Thank you Mr. President for the opportunity. I want to thank the mover of the motion Hon. Sen. Nyambuya who was seconded by Hon. Sen. Mavhunga. I want to thank the President of this country for opening the Fourth Session of the
Eighth Parliament, who is also the Commander-in-Chief of the Defence Forces. Our President mentioned a number of Bills that we will look at, the Constitutional Bill, Rural Councils Bill and Marriages Bill. Mr.
President, I want to talk about the Traditional Bill which I think is very important. It has a lot to do with our culture as well as the conservation of our natural resources.
Mr. President, I want to talk about the traditional leaders in our nation. They should be respected, honoured and given more powers than those that they currently have. I want to bring to this House that our chiefs need to get better accommodation in the areas that they stay, as well as getting transport in order for them to be mobile in their areas. I am not talking about the traditional leaders in this House but even those who are in various areas, they should be given better accommodation because they have the duty of ensuring the conservation of our natural resources.
The issue of child marriages should be under the jurisdiction of the traditional leaders. If we look at the past week, the electronic media had a story that a five year old was raped which is very sad. If the traditional chiefs have the powers to deal with such matters, it can be dealt with urgently.
Mr. President, the dressing that is now in Zimbabwe for both men and women; you find the men putting sagged trousers and you also see women in tight trousers. When you look at them you feel ashamed and wonder what is happening. I think certain things that we are copying from other countries are not good and we need to safeguard our culture and traditional values. I think this should be under the jurisdiction of the traditional leaders. We know there are no chiefs in the metropolitan provinces but in those areas where they are, they should be given the jurisdiction to deal with such individuals.
I also want to thank Mr. President for this opportunity that you have given me to add my voice to this debate.
*HON. SEN. MALULEKE: Thank you Mr. President for
affording me the opportunity to add a few words on this good motion that was moved by Hon. Sen. Retired General Nyambuya and seconded by Hon. Sen. Mavhunga. I am very grateful for the speech that the
President had delivered. It was straight forward and well laid out.
However, I would want to confine myself on the proposed Prison Bill.
A few months ago, there was a Presidential Pardon, where 2000 prisoners were released. I observed that 131 of them have since been reincarcerated including women that have children. What I fail to understand is that do they now enjoy life in prison or we are failing as society to look after them.
As an august House, we ask permission to visit prisons as well as police stations so that we can come face to face with their challenges and see the lives of people who would have been arrested; inmates and suspects when they are in police and prison custody. So that as society, we can prepare on how best we can then live with them. I visited an Officer in-Charge at a particular police station; there were no keys or locks. Law enforcement agents are easy targets for offenders once they are released from prison but the President was lenient when he gave them clemency. During the visit with our committee, we saw that prisoners are taught life skills which they can use upon being released from prison. We then fail to understand whether they have now become hardened criminals. I was unhappy that eight women have since been re-incarcerated and above all they have children. It is painful. As parents in this august House it tends to hurt us.
There will also be a Marriage Bill which is forth coming. We have spoken on end denouncing early marriages and that they are problematic. When we go to our constituencies, let us put our heads together with our chiefs and traditional leadership as well as church leaders.
Nowadays, we now have too many churches and we do not know some of the laws that they have. There are churches were seven year olds are referred to as madzimai. In Tshanghani language, tsikombi means an elderly lady. So those girls succumb to wearing very long dresses but we should not use such names on these innocent children. There are those churches which put on white regalia but we do not appreciate their rules as regards the safeguarding of the girl child. We urge the leaders, even if it is not your church to have time to visit such churches, even when not invited, we should attend. I once went to a certain church where they put on the longish type of dressing, they restrict people to one man, one woman and I praise them for such a policy.
Lastly, on the issue of chiefs, the Traditional Leaders Bill is welcome. We should put our heads together and ensure that they are looked after properly. They now have dilapidated vehicles. Some of them now use public transport. They should have their vehicles repaired or given new ones so that they can go and attend provincial meetings at the provincial administrator as respectable chiefs. They are the representatives of Government hence the Government should help them.
The chiefs are the eyes of the Government in the communal lands. We urge Government to look after the welfare of the chiefs as regards decent homes and decent cars. All these Bills are going to pass through this august House as they are transmitted from the Lower House. I thank you.
HON. SEN. MASUKU: I move that the debate do now adjourn.
HON. SEN. MAKORE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th October, 2016.
MOTION
REPORT OF THE DELEGATION TO THE 39th PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Fifth Order read: Adjourned debate on motion on the Report of the
Delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SENATOR MASUKU: I move that the debate do now
adjourn.
HON. SEN. CHIMHINI: I second.
Motion put and agreed to.
Debate to resume: Thursday, 20th October, 2016.
On the motion of HON. SEN. MASUKU seconded by HON. SEN. BHEBE, the Senate adjourned at Nine Minutes to Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE 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.
*HON. SEN. MAWIRE: Thank you Madam President for giving
me the opportunity to make my contribution on this motion which is based on the Presidential Speech on the official opening of the Fourth
Session of the Eighth Parliament of Zimbabwe. Madam President, I am very grateful to the hon. members who raised this motion; Hon. Sen.
Nyambuya seconded by Hon. Sen. Mavhunga.
Madam President, the President and Commander-in-Chief of the Zimbabwe Defence Forces, in his speech, I was very much pleased because of the wide ranging issues that he raised. He is a man who is very proud of his country and wants to protect it. He also protects the people’s culture, especially when he talked about the Traditional Leaders Bill, saying this should be in alignment with the new Constitution of the country which was drafted during the COPAC period. This shows that the President is a man of the people. He is a man who recognises the importance of our traditional leaders because they are the custodians of our culture. We will be very pleased to see this Bill being brought to this august Senate as it is the Upper House because we need to raise the status of our chiefs. As people who live in the SADC region, we have realised that in other countries, traditional leaders are held in high esteem. This does not mean that our traditional leaders in Zimbabwe are not held in high esteem, they have a high status and we are very pleased to see that in our case, we have traditional leaders in the Senate. It is our wish that there should also be chiefs in the National Assembly.
The President also talked about early marriages, whereby girls are married off while they are still young. Young men are also forced into early marriages. By so doing, we are destroying the future of our children if we continue with this type of custom. It is also against our culture to marry off these young people. We need to curtail this culture.
There is also the issue of traditional foods such as vegetables and small grains which we used to have and are very good for our health. I remember at one time my grandmother would give us sour water which had herbs for health reasons. If you look at us, we are very healthy but if you look at the young people of today, they are weaklings because they are not given these traditional herbs. We have noticed that the people of Zimbabwe used to be of big stature but unfortunately, now we are getting smaller because of marrying off our little girls who are unable to carry their pregnancy to full term. As a result the babies they give birth to are getting to be dwarfs, yet by nature, Zimbabweans were counted as giants. We should be prepared to debate this Bill so that we enforce it in such a manner that whoever indulges in this custom is convicted and sentenced to incarceration.
The President also has a wish that everybody should be able to access electricity, hence the slogan “electricity to everybody.” The aim is to ensure that there is no difference in the life style of people in the rural areas and those in the urban areas. This is going to curb the rural to urban migration. The availability of electricity will help in preserving our forests because currently people are cutting down trees for firewood.
The President also encouraged people to use solar energy which is clean energy. China is one country which is using solar energy. We are currently importing electricity from countries like Mozambique; why do we not create more of these energy generation stations so that people can easily access electricity in their residential areas. We need to be creative. There is another energy source – bio gas, which comes from cow dung or dung from other domesticated animals. If we use bio gas, we will stop cutting down trees for firewood. The victims of such a scenario are women who have to travel long distances to fetch firewood. As they travel these long distances, they expose themselves to rapists and other indecent assaults. So when electricity is availed to them, life will be easier.
Let me now turn to command farming. His Excellency put emphasis on command farming, which will lead to the introduction of irrigation schemes. More dams will be made, people will plough more to feed the nation and we will get back our status of being the bread basket of Africa. He also talked about the importance of water which is going to be pumped using electricity. However, we are faced with climate change and we have updated information on the weather patterns. When we have that information, we will be able to prepare for the impending drought by constructing more water bodies in order to have more electricity and more food for our domestic animals. We no longer have pastures because of the resettlement programmes which were implemented. These have eaten into the pastures that we used to have.
Therefore, we urge our Government to think of introducing irrigation schemes in areas where we can grow cattle fodder for our domestic animals during discussions on climate change.
The President touched on a lot of issues but my last contribution on
His Excellency’s speech is on the introduction of the bond notes. We have some mischievous people who are already talking against these bond notes yet we have people who are also supposed to be giving information on these bond notes. I am pleading with the Reserve Bank of Zimbabwe, to hold awareness programmes in both electronic and print media to educate people on the introduction of these bond notes. Currently, the issue is a mystery yet people should get information on how the bond note is going to alleviate the liquidity crunch which the country is faced with.
Let me leave other points for other Members to contribute because I know my fellow Senators are itching to make their own contributions.
I thank you.
*HON. SEN. MACHINGAIFA: Thank you Madam President
for giving me this chance to make my contribution on this motion, which was raised by Hon. Retd, Brigadier Nyambuya, seconded by Hon. Mavhunga. They were speaking on the opening of the Fourth Session of the Eighth Parliament of Zimbabwe by His Excellency, President R. G Mugabe, in his capacity as the President of the country and the Commander in Chief of the Zimbabwe Defence Forces. He touched on a lot of issues and I will touch on a few of the issues which he spoke on in laying the groundwork for this session of Parliament. I will talk about the Prison Bill regarding the Correctional Services. We realise that there are some works done by prisoners which can be considered as ill treatment but in the past, prisoners used to work on farms - they were ill treated and abused, which was a lesson for the future. Currently, prisoners are being taught how to sing and other arts but this has led to starvation in the prisons because no farming is taking place. When they do not have food, we say it is ill treatment.
I also beg this House that when women are in jail, they should not be in hand and leg irons but should be treated with lenience. They are supposed to be given items which relate to their call of nature like sanitary wear when they are in their menstrual cycles. Madam President, we have read in the media both print and electronic that there are some Non-Governmental Organisations (NGOs) who have the intention of assisting convicted prisoners by giving them condoms. As
Zimbabweans, we are against that idea because this will promote them to be in gay and lesbian relationships. We do not support this as
Zimbabweans. In some cases, these people might be married, therefore I advocate for those incarcerated to be given a chance once in a while to be visited by their spouses and given space for them to be intimate so that their relationship remain intact.
We once discussed this issue of traditional leaders where we said they should be empowered. We agreed that they are very important in the running of the country. Whenever we are debating issues regarding traditional leaders, we should look at factors which are of benefit to our traditional leaders but at times we do not seem to take it seriously because the issues which involve traditional leaders are not handled in the proper manner which they deserve. As Zimbabweans, we need to give due respect to our traditional leaders.
His Excellency also talked about the Marriage Bill. We have debated this issue severally and our hope is that the Eighth Parliament is going to take this to a conclusion and will never see it coming up again. We should fight tirelessly against the marrying of underage girls. This is diabolic, it should never be allowed in our society. Whoever has married a young girl and the parent or guardian, who married off that girl, should be arrested, investigated, tried in a court and incarcerated. The traditional leaders in rural areas should be involved in investigating such cases of early marriages. In the cities, the councilors should be involved in the investigations so as to find the people responsible.
Thank you Madam President.
THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU): I
move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 13th October, 2016.
On the motion of THE DEPUTY MINISTER OF MEDIA,
INFORMATION AND BROADCASTING SERVICES (HON. SEN.
MATHUTHU), the Senate adjourned at Four Minutes to Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 13th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE ACTING PRESIDENT OF THE SENATE in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. SEN. MOHADI: I move that Questions Without Notice and Order of the Day, Number 1 be stood over until Order of the Day, Number 2 has been disposed of.
HON. SEN. GOTO: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. MOHADI: I move that the debate do now adjourn.
HON. SEN. MASHAVAKURE: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 18th October, 2016.
MOTION
RATIFICATION OF THE NAGOYA PROTOCOL ON ACCESS TO
GENETIC RESOURCES
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Mr. President Sir, I move the motion standing in my name that;
WHEREAS, Section 327 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 Zimbabwe ratified the convention on Biodiversity on 9 February 1995;
WHEREAS the Conference of the Parties adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their utilisation of the Convention on Biodiversity, at its 10th Meeting held on 29 October 2010, in Nagoya, Japan;
WHEREAS the aforesaid Protocol was open for signature from 2
February, 2010 to 1 February, 2012, in terms of Article 32;
WHEREAS the Protocol entered into force on 12 October 2014, 90 days after the date of deposit of the fiftieth instrument of ratification as stipulated under Paragraph 1 of Article 33;
WHEREAS Zimbabwe is not signatory to the Protocol;
AND WHEREAS Article 33 (2) of the Protocol provides that its entry into force for States which are not signatory to it, is conditional upon such States depositing instruments of accession;
NOW THEREFORE, in terms of Section 327 (2) of the Constitution of Zimbabwe, this House resolves that the aforesaid Protocol be and is hereby approved for accession.
In moving my motion, I would like to inform the House that the Convention on Biological Diversity (CBD) is one of the three conventions which arose from the 1992 United Nations Conference on the Environment and Development (UNCED), commonly known by the name Rio Earth Summit. The Convention entered into force on 29th
December, 1993. Zimbabwe signed the United Nations Convention on Biodiversity in 1992 and ratified in 1994. Mr. President Sir, it is important for Zimbabwe to accede to the Nagoya Protocol because the Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by:
- establishing more predictable conditions for access to genetic resources;
- helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources.
By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being.
In more specific terms Mr. President, the Nagoya Protocol provides the following:
- It supports compliance with domestic legislation or regulatory requirements of the Party providing genetic resources and contractual obligations reflected in mutually agreed terms are a significant innovation of the Nagoya Protocol.
- It helps protect traditional knowledge held by indigenous and local communities when it is associated with genetic resources.
This will strengthen the ability of Zimbabwe’s communities to benefit meaningfully from the use of their indigenous knowledge, innovations and practices. The benefits can be monetary and also non-monetary.
- It offers incentives for the country to conserve its biological diversity which will be fostered by the Protocol through promoting the use of genetic resources and associated traditional knowledge. This will enhance sustainable development and human well-being.
- The Protocol firms the framework for the establishment of viable measures to curb bio-piracy. This should be enacted through policies and also relevant legislation at national levels.
- The protocol will enable Zimbabwe to access funds for capacity building and various aspects of access and benefit sharing and facilitate economic and social development.
- The protocol will also establish clear rules and procedures for prior informed consent and mutually agreed terms between the contracting parties and the local communities.
More importantly Mr. President Sir, ratification of the Protocol will assist in the realisation of environmental rights as enunciated in Section 73 of the Constitution of Zimbabwe which provides that:
‘every person has the right to;
- An environment that is not harmful to their health or wellbeing;
- To have the environment protected for the benefit of present and future generations , through reasonable legislative and other measures that;
- i) Prevent pollution and ecological degradation; ii) It will also promote conservation and iii) secure ecologically sustainable development and use of natural resources while promoting economic and social development’.
Mr. President Sir, the Nagoya Protocol is binding on those countries that in addition are party to the CBD which have signed and ratified the protocol. In the SADC region it is only Angola, Tanzania and Zimbabwe which have not ratified the Nagoya Protocol. In this regard and in line with the dictates of the International Environmental Law, Zimbabwe should join the family of nations that have ratified this protocol. Senators’ approval of this protocol as encapsulated in Section 327 of the Constitution of Zimbabwe, will be a key milestone towards our ratification of this Protocol. Section 327 (2) (a) and (b) of our Constitution highlights that; an International Treaty which has been concluded or executed by the President or under the President’s authority does not bind Zimbabwe until it has been approved by both Houses and also does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament. I therefore, seek the permission for approval of this Protocol for accession.
HON. SEN. MARAVA: I rise to support the passage of this protocol by this House since it was long overdue. This protocol is user friendly and Zimbabwe being one of the minority countries that has not yet ratified it, we would be doing our country a great favour if we ratified the protocol. I thank you.
HON. SEN MOHADI: I also rise to support the motion which
has been put forward. I think it is also for our benefit and there is no way we can deny that. Apart from that, we are among the three countries which have not ratified and I do not think that was a good thing. It could have been because of some delays of some sort. So, without much ado, I support the motion.
HON. SEN. CHIPANGA: I rise to add my voice in support of the …
An Hon. Member having passed between the Chair and the Hon. Member speaking.
THE ACTING PRESIDENT OF THE SENATE: Order, Hon
Senator, you may not cross between the speaker and the Chair. For the benefit of others, when an Hon Member is debating, you are supposed to go round and not cross between an Hon Member debating and the Chair.
HON. SEN. CHIPANGA: I was saying I rise to support the motion that was moved on the ratification of the Nagoya Protocol. As alluded to by the previous speaker, all the other countries have already ratified the protocol and it only goes to suggest that we are always behind somehow. Why that is so, I do not know. Since the protocol has now come to this House, it is my fervent hope that it will be passed as quickly as possible so that things start moving. I thank you.
HON. SEN MUSAKA: I also rise to thank the Hon. Minister for moving the motion to ratify this particular Protocol. We just do not have to approve protocols just because others have done so. However, in this case, we see no reason why we should not approve it. It is user friendly as has been said by the previous speaker and is a very good Protocol. I think we should give credit to the Minister for bringing it forth although a bit belated. There may be other reasons why it was delayed but I support the motion.
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Mr. President, let me take this opportunity to thank the following Hon. Senators for their support. Hon.
Sen. Marava, Hon. Sen. Chipanga, Hon. Sen. Mohadi and Hon. Sen. Musaka. Allow me to extend my appreciation for their support on this very important motion. I appreciate that we presented it last year, before the House but regrettably, we have not been able to debate it. However, I want to assure the Hon. Senators that already, Zimbabwe has implemented some sections of this particular protocol. A good example would be the EMA Act which is specifically in Section 61 and addresses the protection of biodiversity. As Government, we have put in place an organisation which registers those that want to protect their intellectual property through the Ministry of Justice, Legal and Parliamentary Affairs. Zimbabwe is also a member of the World Trade Organisation which also protects intellectual property. So, yes, better late than never but it is procedural that we need also to make sure that we are part and parcel of the International Organisations. There are some benefits that come with the ratification of these protocols and conventions. Thank you once again Hon. Members for supporting the motion.
Motion put and agreed to.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. B. SIBANDA: My question is directed to the
Minister of Environment, Water and Climate. What is the policy with regards to the release of water from big holding dams downstream, particularly during this season of the year?
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Thank you Mr. President. I
would like to thank Hon. Sibanda for that very important question.
What I want to share with the Senate is that it is the responsibility of ZINWA to mitigate where we have challenges of water, whether it is downstream; whether it is in local government entities, to make sure that the water resource which is a Constitutional right is realised. So, it is our policy and we have been doing it in Masvingo, with Lake Mutirikwe and in Gwanda we have been releasing water from our dams to make sure that we mitigate where there are serious shortages of water. We are having challenges of climate change and it is with this in mind that we have set up committees to be able to intervene wherever we are notified about such challenges. I thank you.
HON. SEN. B. SIBANDA: Thank you Mr. President. I thank the Minister for the reply. However, why should it take us an inordinate amount of time to get water downstream? It has taken us about three months in the Gwanda region for water to be released from Dondorio.
HON. MUCHINGURI: Thank you Mr. President. I am aware that there are challenged between ZINWA and Gwanda City Council. It arises from a situation where because Gwanda City does not have the capacity to process its own water, that ZINWA has chipped in to release raw water from its dams and also treating it for the benefit of Gwanda Council. The problem that we have been experiencing is that Gwanda has been selling that water because it has that capacity and responsibility to bill the consumers, but what we have not been receiving is a share of the money that accrues to ZINWA. So, we have made sure that the two entities meet to discuss their own differences. It is regrettable that whilst the two were disagreeing, in the process people were suffering, but what I know is that we have not been found wanting. We have provided water to Gwanda and I would encourage the Hon. Member to assist Gwanda to make sure that we continue maintain the dams to ensure that we provide water. We also need the resources to keep ZINWA going. I thank you.
HON. SEN. CHIMHINI: Thank you Mr. President. My question
is directed to the Minister of Primary and Secondary Education. What is Government policy regarding payment of school fees and levies, given that heads of schools are not allowed to send away children from school for unpaid fees and can only do that through calling parents for a payment plan, which in most cases is not honoured. How are schools expected to function efficiently and effectively in the absence of Government grants to cater for free basic education?
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): Thank you Mr. President. I thank the Hon. Member for raising the question, although I might be forgiven for hearing a question he did not articulate - to suggest that those that fail to pay should have their children excluded. I would like to believe that I did not hear that part of it which was unsaid, but quite clearly the Hon. Senator, and I am sure this honourable House is aware of the fact that as a policy we have said children are the innocent inbetweens. – [HON. MEMBERS: Hear, hear.] – They have not asked to be born, they simply find themselves in this world. It is us as the Government on the one and part and parents on the other who create the conditions that facilitate their learning.
So, it is only logical that the parents and the schools should continue in an engaged manner to seek ways in which the parents honour their part of the arrangement. We have said if payment plans are continuously flouted, the schools through the SDCs can proceed to court to enforce the payment of the same, but in the meantime and all the time, allowing those children to remain in school as children. The last few years have demonstrated the correctness of this policy; the results have continued to show an upward trend because when learning is not disrupted on the part of the learner, the achievement is assured. Thank you.
HON. SEN. CHIMHINI: Minister – practically, because of the economy we have, a number of parents are not paying. It is a reality and the schools must continue functioning. You are saying you continue engaging, the school has to function and the parents are not paying. So, at the end schools make their own arrangements legally or illegally to find ways of sending back those children so that money is paid.
HON. SEN. CHIMHINI: Minister I am saying practically, what can be done, because they do not have the means and we are talking about basic education? I thank you.
HON. DR. DOKORA: Thank you Mr. President. I said earlier that I was not hearing the question that Hon. Senator was not asking. On the one hand, he affirms that parents are unable to pay. On the other, he says that illegally or legally my heads of schools are finding ways to make the parents pay. So, that seems to be a convoluted argument.
Therefore, the parents have the capacity to pay. If the parents do as the Hon. Senator is saying, they have the capacity to pay. All I am saying is that my head of schools should use the legal route to ensure hat that rule is enforced and levies are paid.
HON. SEN. MUMVURI: Thank you Mr. President. My question
is directed to the Deputy Minister of Information Communication Technology, Postal and Courier Services. We are inundated with social gadgets-there are advantages and disadvantages. My question is on the disadvantages, we use them very well. What recourse do I have to resort to if by any chance my WhatsApp account is hacked by someone knowingly and he gains access to my private information and communication and I have proof that this happened? What recourse do we have on that?
DEPUTY MINISTER OF INFORMATION
COMMUNICATION TECHNOLOGY, POSTAL AND COURIER
SERVICES (HON. MLAMBO): Thank you very much Mr. President.
Right now the simple answer is nothing. Unless you manage to identify the hacker, then it is a criminal act that you can take up with the police.
If you fail to do so, currently there is nothing much that can be done.
Mr. President, we have three Bills which are coming which seek to address exactly that. The crimes that are committed using technology we need to have the legal framework in order to arrest the perpetrators. For that to happen we need to have the correct legal framework. Hon. Senators might remember that during opening of the Fourth Session of the Eighth Parliament, the President made mention of these three Bills, Computer and Cyber Crime and Personal Data is another. As we are talking every second, crimes are being committed through the use of these gadgets. These are crimes that the economy and the public are not aware of and the economic or financial hemorrhage is so huge.
We keep on bringing this matter up in order to drum up the urgency of having these Bills approved yesterday so that we save millions of dollars in the Zimbabwean economy. We also approached COMESA to assist us in creating what we call Computer Emergency
Response Teams here in Zimbabwe, whose sole job is to monitor the crimes that are committed every second using technology. Just now during the launch at the HICC where the Vice President was, we met COMESA officials here in Zimbabwe and I reminded them of the urgency of assisting Zimbabwe to create the Computer Emergency Response Teams to address exactly what you have just brought up.
Right now there is nothing, but we are working on that. I thank you Mr.
President.
HON. SEN. MUMVURI: The Minister keeps on saying nothing, but I think I clarified on my question that there is proof and indeed you know that somebody did it and he or she admits. What we are trying to avoid now is, can he keep on accessing it because if you are not reporting it to the police, maybe the service provider can do something about it to block his gadget? If there is nothing done, he will keep on accessing because there is nothing which has been terminated for him not to get into my account. So, here there is evidence and proof and maybe the person on being confronted admits that he did it, but if he apologises – is that enough? I want an assurance that this does not happen again and that he does not get into my account again and to make sure that he is plugged off. I thank you.
HON. MLAMBO: Thank you Mr. President. I think I clarified that where you can identify the perpetrator it is a criminal act and it should be taken up actively because there is proof. The Bills that I have cited are where people are not aware, I also made that clear that they are not aware that crimes are being committed against them. We want to use the legal framework to make the public aware of crimes being committed against them so that again, they are taken up with the courts. Where the evidence is clear, then it should be taken up because it is a criminal act.
Allow me to add Mr. President, just last week I was in Istanbul, Turkey for the 26th Congress of the Universal Postal Union. There we have no roaming facility with Turkey and I wanted a temporary line. They are so strict because they are aware as the developed world about the crimes that are committed. They insisted that they gave me a tourist line which is so limited in use. They tie your name, number, and the serial number of the cellphone because they know you may commit a crime at anytime, so that they can track you down and catch you.
These are developed countries that understand the crimes that are committed through the use of technology and have the means to address that. I said to the Director General of POTRAZ while we were there that we want the same thing to be done here so that we can protect the public against these crimes which they are not aware they are being committed against them.
HON. SEN MUSAKA: I thank you Mr. President. My voice is a bit hoarse; I had a very bad cough. My question is directed to the Minister of Environment, Water and Climate regarding impact assessment reports. How constitutional is it that I identified a mine or a site to carry out mining? I am then told - oh no we do not want to touch you. EMA will say we do not want to touch you, go to an agent who then says, ‘I want to do your work, give me US$3 000.00’. It is so prohibitive and so limiting. I do not know what are the procedures there is this normal?
THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (HON. MUCHINGURI): Thank you Mr. President. The
issue that the Hon. Senator is raising is a cause for concern in our Ministry. EMA was put up to make sure that we protect our environment and this indeed is a constitutional matter. We have a right to protect the environment and we have a right to make sure that we leave the environment secure for future generations and to make sure that we enjoy clean water and also clean environment. This means that there is a person who is responsible for polluting and also for damaging the environment. EMA was established to make sure that we protect the environment for future generations. Yes, I do agree that we have certain rules and regulations that we abide with but just last year we did put in place reasonable tariffs to make sure that those that want to enjoy exploiting resources from the environment should follow those regulations and also pay the minimum tariffs. We reduced those tariffs to make sure that we create a conducive environment and make sure that business continues to grow.
Mr. President, if there are situations unknown to us, of some people who are taking over the responsibility of EMA, I would request the Hon. Senator to report to any nearby EMA offices or write to me directly so that we can carry out investigations. We are there not to inhibit business and growth of our economy but to facilitate and making sure that our indigenous laws are adhered to and that the economy grows. I thank you.
HON. SENATOR MAKORE: My question is directed to the Minister of Environment, Water and Climate. I do not know exactly what interventions you can make within the local authorities. Currently, it is more of a disaster in the area of Chitungwiza, because there is virtually no water. There is a likelihood that if rains come under this state of affair, cholera is going to spread. Given this particular situation where we see a lot of houses mushrooming in the whole of Chitungwiza, what are your plans and interventions to assist this very obvious disaster that is prevailing. Thank you.
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Thank you Hon. Senator
Makore for that very important question, suffice to say that we are aware that Chitungwiza is a problem town because of the shortage of water which arises as a result of the drying up of Seke dam. What we were doing as a Ministry is that we were taking water from another dam which is upstream, which still has water to make sure that we adequately supply Chitungwiza. Unfortunately, there are some farmers along the way, in-between who are also stealing water for their benefit and not paying for that resource. So, we are carrying out investigations to make sure that water reaches Chitungwiza.
Mr. President, what is also worrying is that we do have some burst pipes also that are not repaired on time. Chitungwiza has a worrying situation where the sewer systems are not working at all. So, raw sewer ends up getting into our water bodies. The reticulation systems are not working despite the fact that Government secured funding from
ZIMFUND. So, it is a very serious situation that worries us that these local authorities would want to take over the running of the water services within their jurisdictions but they do not have the capacity to do so. If the Hon. Senator is from that area, it is important to engage the council. I am happy that a Cabinet Committee was put in place which is chaired by the Minister of Local Government, Public Works and National Housing. It is not Chitungwiza alone; we do have other cities like Gweru which is depositing raw sewer into water bodies. We experience a similar situation here in Harare again; it comes from Chitungwiza and it becomes very expensive to treat water in Harare. It requires nine chemicals whilst that of Mutare and other cities where there is capacity use only one chemical. That is a worrying situation. Even where there is water, you have a lot of chemicals being deposited; so there is serious water pollution. We need to preserve, we need to make sure that water is not polluted.
However, we have a long term plan. We are planning to put up two other dams to supply Chitungwiza city. All we are appealing is that, please, let us protect this resource so that the little water that we have, we conserve it. It is God-given; let us make sure that future generations will enjoy using this water. Harare is well resourced but because of water pollution, we are now paying by constructing a new dam which is Kunzvi dam that we are planning to build. People must appreciate that we are living dangerously. So we need to make sure that the little water that we have, we conserve it. I thank you.
*HON. SEN. MASHAVAKURE: My question is directed to the Minister of Environment, Water and Climate. We have read in the paper that the Minister has declared that our ivory is now worthless because no tourists will carry any trophy from Zimbabwe to their country and therefore cannot be sold. My suggestion is, let us add value to our ivory so that we create our own goods and hence we will sell our goods and get money. We have seen Fidelity has a company called Aurex which is utilising gold in this country and creating some capital. Therefore, we can use our natural resources, the flora and fauna. Will CITES be against us if we use those to our advantage?
*THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Thank you Mr. President. Hon.
Sen. Mashavakure has raised a very important issue. As a Ministry, we are deeply involved in this because we have more than 96 tonnes of stored ivories. During the good times when CITES had allowed us to sell our ivory in 1997 and 2004, we benefitted a lot of cash because we sold to outside countries and we benefited as a country. Unfortunately, after the establishment of the nine-year moratorium where a decision was taken that whosoever is going to do poaching or falsely enter into the books of Government, that they have bought something from that country and want to import it, it is going to disturb the market of that country and we have a decision making mechanism (DMM). The aim of the decision making mechanism is to try and fight poaching and contraband. Unfortunately, the people who had been tasked with that
DMM did not perform their duties and therefore, no decision was made.
We, therefore, appeal to CITES to be given and be allowed to sell our goods. We had 97 countries fighting against us and Namibia - we lost out even after trying to mobilise the European Union (EU) because most of the countries said Zimbabwe and Namibia should not sell their ivory. Our worst enemies were our fellow African countries like Kenya and Botswana and also the United States of America because they closed their domestic market and do not want to import ivory products into their countries. Meaning, if we have tourists in our country and they buy ivory products, they are not able to take it back to their countries. One ivory tusk weighs 45 tonnes. Therefore, we cannot sell the ivory that we have yet we cannot sell to China that has a population of 1.5 billion people. If these big countries close their markets to Zimbabwe, we suffer. Not only that, American airlines are not allowed to ferry ivory to the United States of America and this is a problem because American tourists have trophies or buy souvenirs from Zimbabwe; they cannot take them to their country. Even artifacts may not be exported to the United States of America because one piece of ivory can produce so many pieces of jewellery like bracelets, necklaces and rings. We have so much ivory that we can utilise but unfortunately, we cannot do that.
The prevailing situation is - when a tourist who is in Zimbabwe wants to export any artifact from our wildlife and has to seek permission from their countries of origin and be issued an import permit. Zimbabwe is also supposed to issue a document authenticating and verifying the originality of that piece of ivory. This is just a problem that has been created for Zimbabwe.
Unfortunately, as Zimbabweans, we do not appreciate our ivory artifacts hence we cannot buy them within the country. The only people who value such jewellery are foreigners but because of the ban on CITES and this other fight against Zimbabwe, we have a problem that we cannot win because the whites are the only people who value the wildlife products. Therefore, they are fixing us and imposing sanctions on us. We managed to work with Hon. Sen. Chief Charumbira and resolved that our Zimbabwean nationals own these elephants and ivory. As a result, we managed to push our case through. We were working in conjunction with Namibia and Zambia. It was resolved that the voice of the rural people who own the elephants will enable Zimbabwe to benefit from ivory sales because our rural populace were complaining that they were problem animals. They were killing them and destroying their fields and other properties, therefore they should get rid of them.
We need to have our people in the rural areas telling these countries to do something. I believe that is where we have colonialism but the villagers have been given the chance to talk about the properties and selling of their ivory. I thank you.
HON. SEN. CHIEF SIANSALI: Thank you Mr. President for
affording me this opportunity. My question is directed to the Minister of Primary and Secondary Education, Hon. Dr. Dokora.
ZIMSEC Circular Number 17 of 2016 spells out that Tonga ‘A’ level examinations will only begin in 2018. My question now is, what will be the fate of students who are currently in Lower Sixth and are due for examinations next year. I thank you.
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): Thank you Hon. President of
the Senate and I thank Hon. Sen. Chief Siansali for asking the question.
Students who are in Lower Sixth and studying Tonga this year will sit for their ‘A’ level examinations in 2017 in the same way that all other students will be sitting. I thank you.
HON. SEN. TIMVEOS: My question is directed to the Minister of Information Communication Technology, Postal and Courier Services, Hon. Mlambo.
I am seeking clarity on the policy, if you have any, supposing somebody opens an internet website and writes falsehoods about Hon. Members of Parliament, Ministers, the First Lady, et cetera. I just want clarification of when maybe one decides to get this person arrested for writing this. The name of the particular person is on the stories. What is the prevailing policy that ensures that justice is served on the falsehoods? I just want to understand. When I came earlier, you were explaining but I did not understand the exact policy framework that you have to protect the innocent. I thank you.
THE DEPUTY MINISTER OF INFORMATION
COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. MLAMBO): Thank you very much Mr. President
and I would like to thank the Hon. Senator for bringing up the question because it assists us in enlightening quite a number of issues pertaining to information communication technology.
What I seem to grasp from your question Hon. Senator is what should be done if a person abuses personal information about somebody else? The same question goes to newspapers and other media. What you cite is cyber media pertaining to computers but the same question I can pose to you and say, what happens if a person abuses somebody in the newspapers?
Newspapers are one type of media and cyber media another type but all is media. People can abuse other people in either media, what should be done? From the ICT point of view, it goes back to the Bills which I said are in the pipeline and we look forward to this august Senate to approve them when they come from the Lower House to try and remind the public that personal information must not be abused because your freedom to write bad things about me curtails upon my own freedom, therefore it is a crime. The same way people might interrogate the question of what should be done if you abuse somebody in the conventional newspapers.It is bad. There is a limit to which you can express your own freedom of expression by abusing other people. This is what we are trying to do as well with the three Bills I have cited on Personal Information or Personal Data Bill that is coming. I thank you Mr. President.
HON. SEN. MOHADI: Thank you Mr. President. My question goes to the Deputy Minister of Local Government, Public Works and National Housing. Minister, the question is on the redevelopment of houses at Beitbridge which are now an eyesore as they cannot be completed. What are you doing about them?
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): Thank you Hon. President. I would like to thank the
Hon. Senator for asking this important question. The policy of the
Ministry of Local Government is that all local authorities should complete their projects. They have been given a deadline and Beitbridge is included. So, I think that concern is being taken care of. I thank you.
*HON. SEN. SHIRI: Thank you Mr. President. My question is directed to the Deputy Minister of Local Government. You have the programme of allocating the youth some stands in various parts of the country. Are you also in a position to allocate the same service to the disabled in this country?
*THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): I thank the Hon. Senator for this question. May I please assure you that when these stands are being handed out to the youth, we also have a quota which has been set aside for the various people in the country and not only the youth, but even the disabled should also be included as long as they are youth. In allocating these stands, this is not done on partisan lines but it is given on deserving cases. We have noticed that people living with disability have been overlooked in previous programmes hence now, they are included. I kindly ask you to think or observe otherwise and approach our office.
HON. SEN. CHIMHINI: Who is allocating? Is it local authorities or the Ministry of Local Government, Public Works and National Housing?
HON. CHINGOSHO: Local authorities are allocating in urban
areas. What happens is that the Ministry of Lands allocates land to the responsible Ministry of Local Government, Public Works and National Housing and then the Ministry allocates the land to the respective local authorities. Thank you.
HON. SEN. MARAVA: Thank you Mr. President. I just want you
to confirm that when the Ministry has allocated the land to the local authority, the local authority parcels out the stands?
HON. CHINGOSHO: Thank you Hon. President. Yes, the local
authority parcels out the stands - they plan the stands if it has got the capacity, but local authorities have got Physical Planning planners. The responsible department is our Physical Planning department at head office. It supervises the planners in the local authorities. So, it is the local authorities who should, if they have the capacity, parcel out the land.
*HON. SEN. A. SIBANDA: Hon. Minister, we realised that your Ministry officials came to Bulawayo and they distributed stands giving them to the ZANU PF youth. The allocation was done at the ZANU PF offices. You have told this Senate that distribution of stands should be done by local authorities. You also said your Ministry sold stands to one of our local prophets, Prophet Magaya. The President complained to
Hon. Kasukuwere, “saying you have sold our stands for the ZANU PF youth to this prophet”. Can you please explain?
HON. CHINGOSHO: Hon. President, I would like to thank the Hon. Senator for asking this very important question. First and foremost, as I indicated earlier on that the policy of the Ministry in terms of allocation of stands is non partisan and this is what should happen. If it is happening in those concerned authorities, Hon. Senators, you are asked to bring this to the attention of the Ministry. What happens is that there is a policy but when it comes to implementation down there, people might implement in a wrong way. If you have got specific places where this is happening, I would like to ask Hon. Senators to bring this to the attention of the Ministry.
The second part concerning the allocation of stands to Prophet Magaya - yes, the President alluded to this but I am sure the Minister explained that he did not allocate stands. If that explanation does not satisfy Hon. Senators, you can still bring that to the attention of the Ministry and we will look into the matter. Thank you.
HON. SEN. MUSAKA: I thank you Mr. President. My question goes to the Deputy Minister of Local Government, Public Works and
National Housing. It is (a) and (b) regarding Ngezi District Rural Council. The (a) part of it was...
THE HON. DEPUTY PRESIDENT OF THE SENATE: It
should only be one question. no. (a), (b), (c) and (d).
HON. SEN. MUSAKA: Okay, it is one question. I thank you Mr.
President. The question goes to the Deputy Minister of Local Government, Public Works and National Housing. Ngezi Rural District Council was formed recently. It is almost four years ago and it has no headquarters; it is static. Environment officers are in Chegutu. Forestry officers are somewhere in Zimplats. Housing and Health are somewhere in Lusaka. Sometimes the Chief Executive Officer commutes from Lusaka, it is really tardy. Can the Ministry do something and organise it properly?
The other aspect is the growth points apart from Murewa and Mubaira lack aesthetics, they are poor – a house here, a shop there and a beer hall there. There is no planning, there are no proper roads. What is the problem? Cannot we have something beautiful, neat and nice in the rural areas? I thank you.
THE TEMPORARY PRESIDENT OF THE SENATE: May I
also remind Hon. Senators that if there are specifics, please put that in writing.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): Thank you Hon. President. I would like to thank the
Hon. Member for asking this important question. In fact, they are two. About Ngezi and lack of accommodation within the centre, yes it is true that is the present situation. It is because of unavailability of funds to construct the required houses to accommodate staff within Ngezi. Otherwise, it is an area which is also of concern to the Ministry when it comes to the administration of that local authority. So, your point is well noted and I think we are together on that one.
Concerning growth points, it is true that there is no proper planning. I am sure you have heard my Minister saying we would like proper planning in all our urban set ups. This is a policy which the Ministry is going to ensure that settlement along the growth points are done properly and then people occupy those stands. What has been happening is that at growth points, people just come and build wherever they think without planning. Again on this one Hon. Member, we are together. Thank you.
HON. B. SIBANDA: Thank you Mr. President. I am not sure
whether I got the Minister of Environment correctly. If I did not, can she clearly tell us what the post mining environmental reclamation policy of the Ministry is? If she could explain to us what the roadblocks to implementation are, if the policy exists? I am sure we are going to be left with a Zimbabwe full of numerous holes after the mineral is gone and agriculture will be prejudiced.
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Thank you Mr. President. I
would like to thank Hon. B. Sibanda once again for that very important question. The issue of reclaiming the environment which would have been damaged by miners is a cause for concern to us because it is happening along our rivers, despite our efforts to try to arrest and stop them from doing so.
What we have done as a Ministry is to identify most of these illegal gold miners working in collaboration with the Ministry of Mines and Mining Development to organise them and impart to them some skills to make sure that the environment is protected. I am talking about those that are embarking on the exercise and we are catching them young, before they add on to the challenges that we have of damage to our environment and rivers. So, we are organizing them with the Ministry as I have alluded to and we have added on a requirement that if the Reserve Bank is going to assist with funding, we have to make sure that from an environmental point of view, they satisfy our expectations and that of the Ministry of Mines and Mining Development. These are the new comers into the area of mining but for those that have been causing a lot of these environmental damages, we have such a situation in Marange and along Odzi river where a lot of alluvial gold panning was happening.
The first step that we took was to ban alluvial gold mining along our rivers and you may recall that last year when I joined the Ministry, we had such a menace in Mazowe and also Angwa. So, we stopped the operations and a Cabinet Committee was set up to make sure that if any mining was to take place, it is only Government that is allowed. We have set up a company which will be responsible for doing that properly. It involves the Ministry of Environment, Water and Climate, the Ministry of Mines and Mining Development, EMA and ZINWA. We are working together to make sure that we correct that situation.
As far as the damage that has taken place elsewhere, EMA is using the funds or resources that they collect as tariffs, we are ploughing it back to make sure that we correct the damage that has been caused. However, some of it has been so enormous to an extent where we are saying to communities, let us work together using food for work programmes to make sure that we correct some of these problems. Of course, we do have policies in place which, sometimes may not be respected, but we are making every effort and we have established committees to embark on awareness programmes. So, we are making frantic efforts to make sure that we address this challenge. I thank you.
Questions Without Notice were interrupted by THE TEMPORARY PRESIDENT OF SENATE in terms of Standing
Order Number 62.
On the motion of THE MINISTER OF PRIMARY AND
SECONDARY EDUCATION (HON. DR. DOKORA), the Senate
adjourned at Ten Minutes to Four o’clock p.m, until Tuesday, 18th October, 2016.
PARLIAMENT OF ZIMBABWE
Thursday, 20th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE ACTING PRESIDENT OF SENATE in the Chair)
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
*HON. SEN. MUMVURI: Thank you Mr. President. Let me
direct my question to the Minister of Primary and Secondary Education. Grade Seven Examinations are through; however, I want to find out as regards the marking system. What is the Government’s policy as regards the marking of Grade Seven Examinations? Are those who were teaching Grade Seven given the preference to mark these examinations or it could be anyone else who could do these markings? There has been a problem as to who should go to mark and I have heard that there is corruption and that headmasters are now favouring their blue eyed boys and girls to go and mark.
It is in my considered view that it would have been reasonable for those that were teaching Grade Seven to mark these examinations.
*THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): Thank you Mr. President. I also want to thank Hon. Sen. Mumvuri for asking such a pertinent question. I will give my response in two parts. Firstly, I would appeal to him to put it in writing so that the ‘disturbances’ in some schools that he is talking about could be looked into.
I applaud ZIMSEC for a job well done in running examinations for our pupils. I certainly believe that section of My Ministry is now performing highly. For instance, towards the end of the Grade Seven Examinations last week, there were allegations that a particular girl learner began to feel labour pains as she was writing an examination. Our teachers, humane and professional, are now pro- children. They assisted that particular girl and she was taken to the clinic where she safely delivered her baby. The parents were also involved in this process. They also looked at the material conditions of the girl and allowed her to continue with examinations at the clinic. Teachers had to invigilate her examinations at that particular clinic. Hence, I would like to congratulate our education system for so doing. It means that we have a responsive and empathetic system which really appreciates the circumstances surrounding young learners in such issues. Some people wanted to use derogatory remarks about this incident but we said no, we applaud the teachers for a job well done.
Secondly, there are those who set the questions for these examinations. It does not necessarily mean that after coming up with these questions, they are the ones that are entitled to mark these examinations. ZIMSEC trains makers on an annual basis. We are all aware that we are now moving towards computerization and we are removing the component that tends to show examinations as being compromised. So we are scaling up the belt marking system in some of these examinations. But if you have information which I do not have, hence my appeal to you to put it in writing, the particular school where these disturbances are occurring when we have such a straightforward system. Once there is some discord at an institution, please give us the detail in full.
*HON. SEN. MUMVURI: Thank you Mr. President. Minister, I only wanted the policy on who does the marking and who does not. The second part where you want a specific school referred to, I am going to put that in writing. Who should be marking the examinations? That is my question. What is the Government policy? You said ZIMSEC trains markers annually. It is not all of those who would have trained who will go for marking. How then does the school select markers to these examinations? That is my question.
*HON. DR. DOKORA. : Thank you President of the Senate. If we say the policy or the procedure of examinations in this country – I
mentioned that there are two stages, the initial stage is the selection or the drafting of the items that will be used for that particular examination. Those selected to draft may not necessarily be selected to do the marking. The selection of the markers is the prerogative of the headmasters since this is an operational issue. However, there is a policy regarding the handling of examinations.
*HON. SEN. SHIRI: Thank you Mr. President. My question is directed to the Minister of Women Affairs, Gender and Community Development. May you enlighten this august House about the issue of the Women’s Bank and what steps you have taken? I thank you.
*THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT (HON. CHIKWINYA): I believe
the day before yesterday or yesterday, I spoke strongly about this issue in Madagascar. I thank God that we have now reached the pinnacle. I am waiting to receive the licence to operationalise the bank. We spoke to the Post Office Savings Bank (POSB), it used to operate smoothly but they now have centres that are not being utilised. We have now built up a relationship and the advantage with POSB is that it is found in both urban and rural centres. We want to partner them in using these premises to establish a Women’s Bank. I am waiting for the release of the licence which should be released within a month’s time. Meanwhile, we are putting in place measures to make sure that the bank becomes operational. We have even come up with the uniforms for the bank workers.
This is the first bank for women and it is going to be inundated with requests by women who need money. I will approach you to seek your assistance to ensure that women who are going to obtain money from the bank should be trained. This is not a political issue but a professional one. We want this country to develop and if you do not meet the set requirements, you will not be assisted. The Hon. Member is also aware that women with disabilities are very close to my heart. Those who want to do their work whilst seated should do that. For example, selling candles does not need anyone to move around; they can go ahead and do it. We have reached an advanced stage towards the acquiring of the licence for the bank. We are going to invite you for the launch, which will be done before this year end.
HON. SEN. TIMVEOS: Thank you Mr. President. My question goes to the Minister of Women’s Affairs, Gender and Community Development. Hon. Minister, my question is different. Earlier on, before you came in, there was a question posed to the Minister of
Primary and Secondary Education and there was mention of a Grade Seven girl who gave birth whilst writing examinations. I want to know, as the Minister for Women’s Affairs, Gender and Community Development, are you aware of this and what policy is in place to protect this girl child? Maybe there is need to find out what exactly transpired. We now await a Bill that provides that an adult is someone who is 18 years of age and above and below that one will be a minor. Do you have a policy framework that can actually investigate this issue on what transpired to this girl to get pregnant at Grade Seven?
THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND
COMMUNITY DEVELOPMENT (HON. CHIKWINYA: Thank you
Hon. Member for that question. Indeed, it is a cause for concern and we are losing so many of our young girls who have the potential to do wonders for this country. However, because they are impregnated whilst they are under age, it is very devastating. Unfortunately, we are unable to monitor where they spend their time and what they do after school. What is made known to us is when the girl becomes pregnant, how that would have happened, we are unable to trace.
However, the issue of early child marriages is something that is coming to Parliament before the end of this year. After two young girls challenged the Constitutional Court in January, when they were married before attaining the age of 18, the court ruled that no child shall be married before they attain the age of 18. Therefore, it will be a crime to marry a child who has not yet attained that age. However, this particular incident we are talking about concerns an under-age girl who was impregnated. The perpetrator committed a crime and if she was raped, it is a different ball game altogether. The perpetrator probably raped the girl and there are two crimes.
We are also coming to Parliament with that. If you commit a crime of sexual harassment or you rape someone, an adult, we are recommending that you be jailed for 30 years. If you rape a minor, we are recommending life imprisonment. However, the Minister of Primary and Secondary Education, who runs the institutions of education would probably come in and let us know how he intends to deal with such incidences at school. I thank you.
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): I know that as this story would
be told, it will change as we leave this House. However, the Hon.
Member said that the young learner gave birth while sitting for the
Grade Seven examination, use the term ‘while.’ I said that she suffered labour pains while she was sitting for the examination and was assisted out and gave birth at a clinic. The Government Policy as exercised through my Ministry does not penalise that child. Two considerations will be taken into account;
- After she has nursed the baby and probably with the assistance of helpful parents, it will be determined whether she will be able to come back to the same school.
- The other route is to transfer the particular girl to another school if there are adequate arrangements for the born baby to be taken care
of in her immediate family or community. If she is unable to leave the baby in the care of the immediate family and must nurse the baby, then, quite clearly, she takes the route of none-formal education for which the policy is also under my Ministry.
Young adults and adults alike, take classes after the full time programme has been run within a given school, it could be in the afternoon, mid afternoon or evening if there is provision of power supply in that particular school. However, every conceivable strategy will be used to ensure that we are able to take care of such eventualities. Last Friday, I signed a Memorandum of Understanding (MoU) with one of the four organisations that has come on board in response to the new curriculum, who are specifically earmarking taking care of young girls who may have left school at some point, young people in general or even young men who wish to reconnect with their education.
HON. SEN. KHUMALO: My question is on the feeding of that child mainly breastfeeding. Is Ministry of Women Affairs, Gender and Community Development encouraging grandparents to foster these children so that they breast feed them when their daughter goes back to school? If the grandmother breast feeds, that child will have the right feeding...
THE ACTING PRESIDENT OF THE SENATE (HON. SEN.
TAVENGWA): What is the question, could you just pose a question.
HON. SEN. KHUMALO: Are you giving grandparents that education?
THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT (HON. CHIKWINYA): Hon.
President of the Senate, regarding this issue taking for example in my case, I am a grandmother, are you saying that I should breastfeed my grandchildren? I have never experienced that. I am surprised but now that you have told me that I am able to suckle my grandchildren I do not know about the taboo surrounding that.
We have to investigate further into this matter and see the possibility of that. If it is accepted by our society and people would want to take that on board, we will certainly do that. I thank you.
THE ACTING PRESIDENT OF THE SENATE (HON. SEN.
TAWENGWA): If she has literature she can actually pass it on to you as well.
HON. SEN. TIMVEOS: My concern was more on this person who made this girl pregnant, are we going to find out who did this when this girl is in grade seven? Obviously she is 12, 13 years of age.
THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT (HON. CHIKWINYA): Thank
you Mr. President of the Senate. Like I said earlier on, that person has committed a crime and he should go behind bars through the channels that are required for a person to be imprisoned in such a situation. The person has really committed a crime and the law should take its course.
I thank you.
HON. SEN. CHIMHINI: Thank you Mr. President of the Senate.
My question is directed to the Minister of Primary and Secondary Education. Minister, what is Government policy regarding a class size that is the teacher pupil ratio; taking note that some classes now go up to 60+. The second part of my question is do you still have a policy regarding zoning since some parents can afford to send their children to any school of their choice and maybe leading to the large classes that we now have in some of the schools.
THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (HON. DR. DOKORA): Thank you Mr. President of
the Senate and I thank the Hon. Senator for affording us the opportunity to clarify those two aspects that have been raised. Yes, there is a policy on the teacher pupil ratio; I think that is the upshot of it. It is that instrument which is taken into account in seeking Treasury and PSC concurrence in the deployment of personnel in my ministry. Without that teacher pupil ratio, it will be impossible to deploy anybody because we have to have that envelope which says we have the capacity to pay so much and we are going to be following this system. Large classes certainly are a phenomenon of the way in which the fiscal space has not been sufficiently elastic to allow us the full play of those that we may wish to be deployed. In terms of policy yes, there is.
Secondly, you spoke of zoning, whether zoning does still apply in our education system. Quiet clearly you have to inform that policy now with the inadequacies that we have shared in this House. We spoke about the 2013 mapping exercise that we did at the assumption of this mandate to say what the size of the infrastructure deficit is in our system. We saw what schools were over blown in terms of their sizes. In fact we did not even have a policy on school size. So, it could continue to fill up – like we have Luveve with almost 4 000 kids but the infrastructure in place is suitable probably for the maximum school size now as we have defined it - 1600. We kept increasing the streams in a school and say you share but infrastructure can take so much pressure. The implication in the question is to say those who are coming from places with a lot of children are crowding those who are in places with few children. I do not think that is a comfortable thought.
What is happening here is that we should simply accept the fact of the matter, the inadequacy of infrastructure across the board. We must build schools in the farming communities in the communal areas as well as in the high density areas, we must decongest. So that realization is there in the Ministry and we came here to advise sometime ago last year that we have gone back to Cabinet to say the size of the problem is now mapped, what strategy we want to implement in order to deliver on the infrastructure? There were three:
- Negotiating bilateral loans and we have a small loan which we discussed and was endorsed by this Senate from the Arab funds where we are only able to deliver something like 20 schools. It is 20 new schools that are critically important.
- It is central Government itself, through the public investment Treasury has been releasing some funding and it is Treasury funding which we are using to build the Mariga Government Primary School, which is now taking the shape of the new model school; so that we build robust schools. We build schools that we can walk away from without saying we have build today and next year we are back in that school to repair. So, we must invest a little more but be sure that when we do, we are able to walk away from that school for the next 5 or 10 years. iii) The third component has been the join venture partnerships.
I know you have been reading the papers and last year I was in the eye of the storm over in this matter. I am happy to say that now we are at a stage where we have identified the bank, the financial advisor to the Ministry who are IDBZ and in terms of the arrangements we have must now identify the consultants. The consultants are important in order to say to ourselves if a school is build in Hatcliffe and it is a C3 class of school and another is build in Gweru with similar circumstances, what is the total value? The consultants will be able to say whether we are investing wisely in the structures that are coming up. Otherwise it will be a free for all. So they are now at a stage where they are selecting the consultants and beyond that, we should be able to get our financial advisor and the consultants to say to us now we are on the market - looking for the partnerships to start delivering on the first 100 schools. I thank you.
HON. SEN. SIBANDA: My question is directed to the Minister of Primary and Secondary Education. Hon. Minister, what is
Government policy on teachers who resigned from the field of teaching for greener pastures outside the country if they want to come back? Do you re-engage them into the teaching field? If so, how do you go about
it?
THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): Thank you Mr. President.
The actual engagement of the returnees is undertaken by the Public Service Commission. Our authority in the Ministry stops at where we make the recommendation because they must come through the Ministry and we are very particular as to who we are recommending.
Those in the critical shortage areas of technical, vocational, ICT, sciences and mathematics – we look at those very favourably but where the returnee is adding to the list of teachers we already have, quite clearly, there is no value in recommending them to the Public Service Commission. My discussions with my counterpart from South Africa, the Minister of Basic Education was really an approximation of how we intend to resolve the issue of the critical areas that people in the diaspora in South Africa do have and which I need.
In South Africa, some of the schools they are working in are not Government schools. They are private schools. When they come out of that, they do not even have an official record that they have been teaching in those school institutions. Therefore, when we recommend people to rejoin the service, we surely want to have a credible document that they can produce. So that is part of that conversation that we had with my counterpart in South Africa, but we are very favourably disposed to those in the critical shortage areas. I thank you.
*HON. SEN. MAKORE: My question is directed to the Minister of Women’s Affairs, Gender and Community Development and it has to do with the deteriorating conditions in prisons. We see women in pathetic positions in terms of clothing way of living and the way they are treated. At times you shudder to think what is going on. Do you ever visit these prisons to conduct fact finding visits in our prisons? I thank you.
*THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT (HON. CHIKWINYA): Thank
you Mr. President. We are also concerned about the fact that women offenders do not have sufficient sanitary wear and other things. Biologically, we are different from men. We have such requests and we have submitted to the relevant Ministry, the Ministry of Justice, Legal and Parliamentary Affairs. They are the ones responsible for the welfare of incarcerated women but there are several organisations that deal with these issues, to whom we have sent request for help. They have gone to find out the best form of dressing and how best the conditions of living can be improved in prisons.
It is not an issue that directly falls under my purview but falls under the Ministry of Justice, Legal and Parliamentary Affairs. I thank you.
HON. SEN. MUMVURI: My question is directed to the Deputy Minister of Information, Media and Broadcasting Services. Allow me first to thank that Ministry for the outreach which they have started in the rural areas broadcasting – taking the radio to the people. I think the response is very marvelous. We are very grateful to that.
However, there are challenges. First of all, these days, I think maybe it is because of the digitalisation programme which I want to ask her about. If in my area you get access to Power FM, you do not have access to Radio Zimbabwe and vice versa, more often than not without any announcement. The basic question is, can the Minister now update the nation how far they have gone so far with digitalisation and when is it likely to end? I thank you.
THE DEPUTY MINISTER OF INFORMATION, MEDIA
AND BROADCASTING SERVICES (HON. SEN. MATHUTHU):
Thank you Mr. President. I want to thank Hon. Mumvuri for such a critical question. Yes, it is true that at times you lose signals. What is happening with some radio stations is that they rent space with signal providers like NetOne, Econet and others who have set up boosters throughout the country and they pay a specific fee for that service. So, all those who have done so, their signal has improved but some have not gone into this arrangement. We encourage as a Ministry that all those who have applied for community radio stations should ensure that what they set up is accessible to communities.
I also want to favour this House with information that we have been allocated US$19 million to proceed further with the digitalisation programme. Whilst we have completed our works, there will be much improvement in our broadcasting signals especially that we will be able to access the set top boxes which are the signal receivers for all the signals which are beamed through our head-end, which is at Pockets Hill.
I am sure that once we are done with those works; there will be much improvement in signals from our television and radio services. +HON. SEN. CHIEF GAMPU: Thank you Mr. President. My
question is directed to the Vice President of the Republic of Zimbabwe, Hon. Mphoko.
Of late, we noted that HIV was endemic and was causing a lot of deaths but now it seems it has been overtaken by diabetes. I propose that those who are suffering from diabetes should also access free medicine just like those who are suffering from HIV.
+THE VICE PRESIDENT AND MINISTER OF NATIONAL
HEALING, PEACE AND RECONCILIATION (HON. MPHOKO):
I thank the Hon. Member for the question which says people who are suffering from HIV are being given help by the Government but those suffering from diabetes and other chronic diseases, how can they be helped. I think that is something we will priorities and bring forward. We will take note of these proposals. I think we can rectify this matter in the manner that you have proposed. At the moment people who are favoured are those with HIV and other people should fund their own medical bills. Your question is very important and pertinent. Just bring it forward so that we can see what can be done. I thank you.
HON. SEN. MARAVA: My question goes to the Hon. Vice
President of the country in his capacity as the Minister responsible for National Healing, Peace and Reconciliation. I would like to know or I think the nation also would like to hear from you, what new policies or just some of the policies since the creation of your office that you have so far introduced that you might be happy to share with the nation.
THE VICE PRESIDENT AND MINISTER OF NATIONAL
HEALING, PEACE AND RECONCILIATION (HON. MPHOKO):
Thank you Hon. Member for asking that question. You know I am just a new broom on the block but however, I have got my own bills. What we want to do as I said the other time, this has been on for a long time. The issues at stake were there when Vice President Joshua Nkomo, Vice President Msika and Vice President John Nkomo were still alive. All what I want us to do is that everybody, let us avoid issues which are aimed at embarrassing each other. Let us concentrate on the scars of the war. What are those scars? These are birth certificates for our children, death certificates for the people who have died, decent reburial of those who died and then empowerment of the people. That is what I want to propose.
We are also working on the Bill, which in actual fact was brought to Parliament, people made their observations and then it was thrown back to us. We have now started again with the Attorney General’s Office. From there it will come to the Committee in Cabinet and then come back here in Parliament. That is what we are working on.
+HON. SEN. A. SIBANDA: My supplementary Hon. Mphoko,
you have talked about birth certificates that we should ensure that there should be birth certificates. Hon. Vice President, how far have you gone in helping the people whose parents are now deceased due to Gurukarahundi? Who is helping those without parents to get the birth certificates to access these documents because you expect them, as Cabinet to have birth certificates? Have you disseminated information to that effect for those people affected so they can obtain these certificates? +HON. MPHOKO: I thank the Hon. Member for the question.
You know we have a Bill which will first come to Parliament and then it will be operational but however, I will not run away from your question by being technical. What is obtaining is that people are being given birth certificates and I have been involved myself in Bulawayo and in Makonde in Mashonaland West where we have been doing that. That is what is obtaining. I think once the Act is out, we will go full swing.
HON. SEN. TIMVEOS: The Hon. Vice President has been
mentioning a Bill that he is working on but he did not highlight it. We just want to know exactly what Bill he is talking about because he keeps on saying ‘this Bill’ but did not say exactly what it is.
HON. MPHOKO: You want to know this Bill. The National
Peace and Reconciliation Bill, which I think will pass before the end of the year.
* HON. SEN. MACHINGAIFA: My question is directed to the
Minister of Primary and Secondary Education. What is Government’s policy as regards the affiliation of teachers to various teacher associations such as PTUZ, ZIMTA and Rural Teachers Association? Does this proliferation of associations not cause disharmony among the teachers?
*HON. DR. DOKORA: Thank you Hon. Senator for that
question. Let us assist one another to understand the manner in which the teachers’ associations operate in our schools. Firstly, when the teacher is seeking employment, he/she does not use their trade union affiliation, instead he/she uses their qualification either as an infant school, junior school or secondary school teacher. Our experts then satisfy themselves that the teacher is properly qualified. Thereafter, the teachers’ names are forwarded to the Public Service Commission and the teacher is employed.
Under the new Constitution they have the freedom of association and this freedom of association then results in the trade unions that you talked about - that is allowed. It is permissible in the new Constitution that was passed by this Senate for them to do that. Even if they are ten from different organisations, that does not prevent them from performing the work that they engaged in when they were employed. All the organisations however worked very hard when we were looking at revising the curriculum. We worked well with them and we are proud of them. We will recognise their contributions when we host the World
Teachers’ Day. These are the same people that you are talking about. So, we are inviting you on the 5th of November, 2016 where we will march from Africa Unity Square to Harare International Conference Centre where we will celebrate this day with them. I thank you.
*HON. SEN. CHIEF CHISUNGA: My question is directed at
two Ministries because of its nature. I am saying so because the Constitution does not permit the issue I am going to raise. I have a situation of a girl who is 12 years old who was impregnated and the perpetrator was sentenced to jail. My problem is on the impregnated child who does not have adequate accommodation and I want to find out if there are any measures that can be taken in order that the pregnancy is aborted.
*THE MINISTER OF WOMEN’S AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT (HON. CHIKWINYA): I
understand what his concern is because this child’s body has not yet matured to the extent of being able to carry a child. Some of the children die giving birth while others give birth to deformed babies. Such young mothers cannot give birth to healthy babies. I understand his concern. He also asked - is it not possible for us to ensure that abortion takes place before the pregnancy matures? I am sorry to say that we do not have such legislation in this country but other countries have legislation that permit that. They agreed with their Parliaments where they interrogated the advantages and disadvantages and took measures as a government.
As the Government of Zimbabwe, we have not reached that stage.
I am also concerned about the issue raised and I am sure others in this Senate ponder about this issue but here in Zimbabwe we have not yet got to such a stage.
HON. SEN. MAKONE: I was not aware Minister that was the
situation in this country. I do not know why I thought we had gone past that stage. As the Minister of Women’s Affairs, Gender and Community Development , I am sure it is well within your ambit to canvass for such a law because if a child is 13 or 15 years, there is no way they can bring anyone into this world and be normal themselves afterwards. They will either get such serious injuries that they will never be normal women again or they might die during child birth. I think that law is overdue and you have the singular responsibility for bringing it about. Can you please assist?
*HON. SEN. CHIEF CHARUMBIRA: My supplementary
question is that the issue that has been posed by the Hon. Senator is of serious concern in rural areas. Hon. Minister, is there a possibility of coming up with legislation because the number of girls that are being impregnated is too much. What is happening is that a boy can impregnate a girl in March and accepts responsibility but you find that in June, he again impregnates another girl. Usually the perpetrator of such a mischief is not even employed and still goes on to impregnating girls.
What can you do as the responsible Minister to protect these girls? *HON. CHIKWINYA: We are going to come to Parliament and
what we are saying is that we do not accept such a behaviour in our country. I will come here and meet with other Members of Parliament to come up with a mandatory sentence. We agreed that young girls should not be impregnated but on the issue of mandatory sentence, I will come and discuss with Members of Parliament in both Houses.
Let me also combine with the question that was raised by Senator
Makone. Legislation comes from you, whatever you want us to do in our Ministry is what we will do. If you want us to come up with a certain piece of legislation, I always say that the women have requested for this and I will take it up. What we need to do is to come together and engage all stakeholders involved with women’s movements and that is what we do. As a Minister, I cannot say that this is what we are going to do but we wait to hear from you and we will look into it and see if it is worth taking through.
On the issue raised by the chief, we want to embark on the issue that I told you about. I do not think we want to get to the end of the year without arresting such perpetrators and put them behind bars. I thank you.
+HON. SEN. CHIEF SIANSALI: Thank you Mr. President. My
question is directed to Hon. Minister Mathuthu. I am happy that some other languages such as Tonga are now being used on television broadcasting. Why is it that such programmes are allocated short time?
+THE DEPUTY MINISTER OF MEDIA, INFORMATION
AND BROADCASTING SERVICECS (HON. SEN. MATHUTHU):
Thank you Mr. President and I would like to thank the chief for the question. As a Ministry, we are also facing that problem. We are not happy because we are not able to use all the languages on our media because we are still working on digitalisation. We have some other places where there is no signal at all. When we have accomplished that, there will be about 12 that will be under Government and others will be under whoever would want to participate in broadcasting. We have not been allocated enough funds from Treasury but we have some money that we can use to accommodate those languages, that our Constitution said should be used, in broadcasting.
We will have a station in charge of such languages. This means that there will be alternating people broadcasting whatever language in our country. Citizens should work hard so that they give us content so that we are able to broadcast programmes. We may open many stations but it cannot happen on one programme for 24 hours. There should be sport, education, issues on women and all different matters. The owners of those languages should pack the content. When there is enough time, all their programmes and those on board will be given opportunities to broadcast in Zimbabwe. Zimbabwe will be a beautiful country because we will be debating in our own languages. I thank you.
+HON. SEN. CHIEF SIANSALI: Thank you Hon. Minister for the answer. Why should we not use those resources so that we are able to allocate equal time on air so that when everything will be in order, there is equitable distribution? Right now, others feel like despised or looked down upon as citizens.
+HON. SEN. MATHUTHU: Thank you Mr. President. Time that has been allocated to programmes has been increased in the broadcasting services. I do not know whether the chief has had access to open our radio stations. What is bothering us as a Ministry is that working with those languages is not enough. It is our wish to hire people who know the languages because we do not want someone who is not knowledgeable of the languages to be in charge of such programmes.
Our children are learning from different institutions. Some have been to Fort Hare and other universities locally and we are looking forward that those children should love to be broadcasters. If there is only one person, that person will be overwhelmed with work. I accept what the chief has said and I will take it up to our Ministry so that those in broadcasting at ZBC help us to give equal opportunities to all the languages so that everyone is happy. Thank you.
HON. SEN. CHIPANGA: I move that time for Questions
Without Notice be extended by 15 minutes.
HON. SEN. MUMVURI: I second.
THE ACTING PRESIDENT: We are already into ten minutes of extension time.
HON. SEN. CHIMHINI: My question is directed to the Hon. Vice President of Zimbabwe. There has been a lot of talk in the past two weeks about the ZIMDEF money. My question is, is it Government policy that ministers can take funds from their ministries and give to political party activities outside the grant that is given under the Political Parties Finances Act?
THE VICE PRESIDENT AND MINISTER OF NATIONAL
HEALING, PEACE AND RECONCILLIATION (HON.
MPHOKO): Thank you Mr. President and I would like to thank the Hon. Senator for the question. I know that Parliament is the only authorised institution which allocates funds to political parties. I am not going to deal that aspect of the question because I think it is my intervention that is behind the question. My intervention was purely based on the fact that the Head of State was out of the country and the Constitution states very clearly that an Acting President has no authority; whatsoever to engage the country in a war, reassign a Cabinet Minister or Deputy Minister or any prominent person. So, my intervention was based on that the President was out of the country whether the case was right or wrong. My intervention was that, please let us have the President back then he will take up his responsibility. I thank you Mr. President.
HON. SEN. CHIMHINI: Thank you Mr. President. With due respect Hon. Vice President, my question is, is it Government policy that Ministers take money from their Ministries and give it to political party activities outside the Political Finances Act. Is that Government policy?
THE VICE PRESIDENT AND MINISTER OF NATIONAL
HEALING, PEACE AND RECONCILLIATION (HON.
MPHOKO): Thank you Mr. President. With due respect Hon. Member, I am saying, I do not want to go into the details – whether the Ministers have the authority or whether they have no authority. I am merely saying that my intervention was based on the fact that the Head of State was out of the country. Why did you not arrest him when the Head of State was in town? Thank you Sir.
+HON. S. NCUBE: Thank you Mr. President of the Senate. My question goes to the Minister of Primary and Secondary Education. Is it the policy of the Ministry of Primary and Secondary Education or that of Higher and Tertiary Education, Science and Technology Development that, if a person has written her/his ‘O’ Levels and would like to advance with her/his education, say that person would wish to train as a teacher, what is the policy of the Ministry of Higher and Tertiary Education, Science and Technology Development about a person who would have written her/his ‘O’ Levels on three occasions? They would have passed the English, Maths and Science subjects acceptable for them to further their education or to train to be a teacher. I thank you.
+THE MINISTER OF PRIMARY AND SECONDARY
EDUCATION (HON. DR. DOKORA): I thank you Mr. President Sir.
I would like to answer saying that, my work or duty is that every child should write the number of subjects that that child wants. But, if the child fails to clock five or six subjects, it is okay. My Ministry will work with that child up to the level that the child wants. It means that if you write your ‘O’ Levels on three, five or six occasions, it is not important with my Ministry. We are not bothered with that but; my Ministry is not the one that does the training of teachers. It means that that child will carry his or her certificates to the Higher and Tertiary Education Ministry who mann the colleges. That is where that child will find some other things. I thank you.
THE HON. ACTING PRESIDENT OF THE SENATE (HON.
TAWENGWA): Thank you Minister and thank you Hon. Vice
President for attending the Senate and so are the Ministers. Thank you very much.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON
GENDER AND DEVELOPMENT ON THE STATUS OF
CHILDREN’S HOMES
First Order read: Adjourned debate on motion on the first report of the Thematic Committee on Gender and Development on the status of children’s homes.
Question again proposed.
HON. SEN. D.T. KHUMALO: Thank you Mr. President for
giving me this opportunity to add my voice with regards to the homes which we visited. The major issues have already been discussed but the issues that still come to my mind which I think are still major is the issue of birth certificates. By the time that children reach secondary school level, they are required to have birth certificates. Can the Ministry of Public Service, Labour and Social Services look into the issue of those children and make sure that they have birth certificates because they cannot continue with their education if they do not have birth certificates. That was one of the major issues which really affected me.
The other issue was the fact that the Social Welfare Department itself was not taking constant visits to monitor what is going on within these institutions. For example, we were getting lost when we were travelling with them because they did not know where the homes are situated. Instead of them showing us where the homes are, they did not know because they are not monitoring to see how the progress is going on within the institutions. Again, we found that most of the institutions had last received the $15 per child grant in 2012. That means, from 2012 up to last year, these children were not being fed properly. You know that once there is no money, sometimes those children are abused because those who are looking after them will say to them; you are here because of my own mercy. And, children can end up being abused because they are trying to plead to be in those institutions instead of having the rights of being in those institutions because Government expects them to be in those institutions.
We found that because of lack of the distribution of funds to those schools, the children were underfed. I remember in one of the places we had to make some donations so that they are given food because they did not have the food for that day. Can there be a way of really pushing the Ministry of Public Service, Labour and Social Services to look after those institutions because for the children to see people and go to beg is not proper. The children have a right to be fed and not beg because they are in a home which Government has accepted to keep them.
Finally, I would say, I hope that when children come to the age of 18, they should all be given skills so that when they are supposed to be leaving those institutions, because Government expects them to be out of those institutions when they are 18 years; can Government ensure that they have skills so that they will be able to live on their own and not be still under the kind institutions which look after them? I thank you Mr.
President.
HON. TIMVEOS: Thank you very much Mr. President for affording me this opportunity to add my voice to the motion that was brought to this House by Hon. Senator Makore and his seconder, Hon. Senator Buka. First of all, I really want to thank his Committee for going around to actually see the children’s homes in Zimbabwe and I also want to thank them for the report. It was very well documented and a lot of work was put into it.
Surely we need to really look at the children’s homes because a lot of our children now are on the streets. I was actually laughing the other day when I saw these children near Crown Plaza. They always come begging for food, others I now call them ‘city fathers’ because they look so grown up. We need to make sure, as Government, that these homes, where we want to look after our orphaned children, have everything that they need. Going through this report and looking at other homes that I have seen for the children, the food that they are eating there is not good enough.
There is a home that I visited in the Midlands. It is not well financed. Most of the time they have sadza and cabbage that is not enough. So, our Minister of Finance and Economic Development has to really look and see how best we can actually try and look after these homes, so they would try and keep the numbers of children on the street
less.
I am sure everyone can agree in this House that our children are increasing on the streets and something needs to be done by Government. I am sure, as the Committee was also moving, they realised that there is a big gap that needs to be covered by Government. We therefore really need to strategise. We need to look at this and see how best we can make sure that these children are looked after. These are our future leaders. If as Government, we take care of them, they can also take care of this country tomorrow and make sure this country prospers. Surely as it is, the children’s homes are an eye sore.
I think also to look at these homes and maybe put entertainment as well for our children, so that they can be inspired to stay there and also be encouraged to also learn and go to school. There is a lot that needs to be looked at so that our children’s homes are actually a source of pride and something that we can look at and say look, as Parliament, we are succeeding in looking after our orphaned children.
I just thought it is really important for us to look at these homes and see how best we can look after our children. It is important for me to add my voice and for everyone in the House to support this report and make sure that this time around, when we are going to the Budget Seminar in Bulawayo, we really scrutinise the budget that Hon. Chinamasa is going to give us and see to it that it really caters for our children and their homes so that they become better homes for our orphaned children. I thank you Hon. President.
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): I move that the debate do now
adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 25th October, 2016.
MINISTERIAL STATEMENT
UPDATE ON WATER SITUATION IN THE COUNTRY
HON. MUCHINGURI: I am presenting myself before this august House to give a national update of our water situation in our country as we enter the hottest season leading up to the rainy season.
The entire SADC region is currently battling its worst drought in
25 years as a result of El Nino that affected most parts of Southern Africa. Due to this phenomenon, most parts of the country received below normal rainfall during the 2015/16 season leading to low dam storage levels at the end of the season. Depressed dam levels have seen some local authorities introducing water rationing schedules while groundwater levels have also been declining due to the limited recharge this year.
As a result, areas such as Gokwe, Buhera, Dotito, Maranda, Sun
Yet Sen, Tsholotsho and many others areas in the Matabeleland region, Mashonaland Central, Mashonaland East and also Manicaland have recorded water tables lower than 100 metres as compared to a normal water table of around 80 metres.
The high temperatures currently obtaining in the country have also triggered an increased water demand across the country. During this time of high temperatures, significant amounts of water are lost through evaporation from our surface water bodies such as dams, weirs, rivers and lakes.
As of today, 20 October, 2016, national dam storage levels are averaging 41.9% which is 20.4% points below the normal average of 62.3% for this time of the year. Government is aware of and continues to monitor several water supply dam levels for both our urban and rural centres. Due to the drying up of Harava and Seka dams, Upper Manyame sub-catchment council is now releasing raw water from Dema dam to these dams so that water treatment at Prince Edward water works continues. Meanwhile, Morton Jaffray continues to treat water from Lake Chivero, but due to the poor quality of this water, the costs of treatment are very high. Nine chemicals have to be used to treat the water in Harare. We urge industry, citizens and local authorities to desist from polluting the environment as these are coming back to haunt us. Harare is living dangerously and cannot afford this luxury.
In Bulawayo, Upper and Lower Ncema dams are dry and water is being drawn mainly from Insiza dam. Mtshabezi dam and
Nyamandlovhu Aquifer also augment supplies to the city, while work has started at Epping Forest boreholes in order to have additional boreholes supplying more water to the city. We urge citizens to use water sparingly.
Over the past months, the Government has availed funds for
Emergency Drought Response measures being implemented through the Zimbabwe National Water Authority (ZINWA). This has seen situations in Lupane, Kotwa, Mutawatawa, Esigodini, Marula, Maleme, Chindunduma, Mapako, Mutumba, Goromonzi and several other centres being connected to new water sources.
The progressive drought response mitigation measures are being implemented targeting the most critically affected areas at any given time. I want here to urge our local leadership, Members of Parliament, Local Government structures to be proactive by reporting any deteriorating water situation to the local ZINWA or DDF office for onward transmission to my office. Water is life; it therefore must be everyone’s business. To date 1600 new boreholes have been drilled, 10 200 boreholes repaired, 32 piped water schemes have been rehabilitated while 1660 schools have been provided with latrines.
In order to reduce the impacts of the droughts on communities relying on surface water for household use, stock watering and for their community gardens; water is being released from upstream dams to these communities. This has already been done for communities downstream of Shangani Dam up to Jotsholo, for Gwanda town from Mtshabezi Dam, Ngundu, Gororo and Lowveld from Muzhwi Dam, to mention but just a few.
I am glad to advise that my Ministry, through ZINWA is also responding to emergency water situations in other areas such as
Nembudziya, Mberengwa, Guinea Fowl, Zimunya, Chitakatira, Great Zimbabwe and Gwelutshena. Emergency interventions in these areas are almost complete and will bring a huge relief to residents, while work is set to commence in Mt. Darwin where a new water conveyance pipeline will be constructed to bring water to the centre from Ruya Dam.
I also wish to advise the nation that this week, Government availed an additional US$7 million towards Emergency Drought Mitigation efforts. The funds will be channeled towards further emergency responses in all areas. These interventions will include borehole repairs, borehole drilling, piped water schemes repairs, water supply stations, upgrades and new water conveyance systems where required.
In terms of the Water Act Chapter 20, (24), Section 3, says all water is vested in the President. Guided by the same Act Section 61, I will once again be approaching His Excellency, the President seeking to declare the whole country a shortage area. This provision, if granted will allow me to re-distribute water resources for the common good of everyone. I wish to urge and appeal to our current permit holders, commercial farmers, independent power producers, industry, mines, illegal and legal bulk water suppliers and all other water users to appreciate the challenges we face and the need therefore to pull everyone through to the next rainfall season, which my Meteorological Service Department advise me, will be a good one. The illegal bulk water drawers and all water poachers be warned.
As I come to the end of my brief, let me register that my Ministry is very concerned about the high level of siltation of water bodies across the country. A good number of our dams and weirs have lost from a quarter to over half of their storage capacity due to siltation. Bad land use practices such as stream bank cultivation, illegal settlements, settling on wetlands, mountain slopes, indiscriminate cutting down of trees and burning of grass will cause the washing away of top soil into our water bodies. Again, be warned as Government will descend heavily on the culprits. Let us stop these vices so that water resources and the environment at large are utilized in a sustainable manner.
I am a woman and I know what it means to have no water or to fetch it from far away. Some of our communities are having to walk five kilometers and more searching for water. We cannot afford to let our women suffer to this extent.
My Ministry has also written to all Members of Parliament across the country for them to help identify the most critical areas in their respective constituencies so that as we embark on the emergency water supply drought mitigation programme, all our systems and structures are involved.
Let me take this opportunity to thank our cooperating partners for the sterling work they are doing in complementing Government efforts.
In the same spirit, I want also to appeal for their continued support.
Finally, I wish to advise the nation that while work at TokweMukorsi dam is on course to impound water in the dam by end of this year. I also wish to announce that we had a work related accident on site yesterday, 19th October, 2016 which resulted in two injuries and one fatality. Investigations are continuing at site.
On behalf of Government, I wish to extend my heartfelt condolences to the family of the deceased. I also wish a speedy recovery for the other two. I thank you.
MOTION
` SECOND REPORT OF THE THEMATIC COMMITTEE ON
GENDER AND DEVELOPMENT ON EARLY CHILD MARRIAGES Second Order read: Adjourned debate on motion on the Second Report of the Thematic Committee on Gender and Development on Early Marriages.
Question again proposed.
HON. SEN. MAKORE: I move that the debate do now adjourn.
HON. SEN. MASUKU: I second.
Debate to resume: Tuesday, 25th October 2016.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. MASUKU: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 25th October, 2016.
MOTION
REPORT OF THE DELEGATION TO THE 39th PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Fourth Order read: Adjourned debate on motion on the Report of the Delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SEN. CHIEF CHARUMBIRA: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 25th October, 2016.
On the motion of HON. SEN. CHIEF CHARUMBIRA seconded by HON. SEN. MARAVA, the Senate adjourned at Twelve Minutes past Four O’clock p.m until Tuesday, 25th October, 2016.
PARLIAMENT OF ZIMBABWE
Tuesday, 11th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE SENATE in the Chair)
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
HON. SEN. NYAMBUYA: I move the motion standing in my name:
That a respectful address be presented to the President of
Zimbabwe as follows –
May it please you, your Excellency the President we, the Members of Parliament of Zimbabwe desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech which you have been pleased to address to Parliament.
HON. SEN. MAVHUNGA: I second.
HON. SEN. NYAMBUYA: Madam President, on the 6th of
October, 2016, His Excellency the President of the Republic of
Zimbabwe and Commander-in-Chief of the Zimbabwe Defence Forces Cde. R. G. Mugabe, opened the Fourth Session of the Eighth Parliament of Zimbabwe. In his address, the President laid out the agenda of the Fourth Session. Allow me Madam President to respectfully congratulate the President on setting forth a comprehensive programme for Parliament and thank him for being frank and candid in his address.
Once again, I congratulate His Excellency on a job well done.
The President predictably opened his address by touching on the very important and topical issue of realigning our laws to the new Constitution. This is a very important process which I hope Government will continue to prioritise. We are looking forward to the many Bills which are going to be brought for realignment. It is also my hope Madam President that the pace will be faster than before as we are now in the Fourth Session and there is only one session left before the Eighth Parliament ends. It will be nice if we could finish the realignment process well before the life of this Parliament expires.
I hope amongst other Bills that those Bills that promote the ease of doing business such as the New Companies Act and the Zimbabwe Investment Authority Amendment Bill will be prioritised. This is because we need to create a conducive environment which encourages foreign investment inflows. We urgently need fresh injections of foreign capital into our economy if we are to move forward. The President further stated that our economy faces a number of challenges which include the subdued agricultural aggregate demand, liquidity constraints, high interest rates and subdued foreign direct investment.
Indeed Madam President, according to the IMF, Zimbabwe will post a negative growth rate of -0.3 in 2016, weighed down mainly by the facts of the elnino induced drought as well as low commodity prices amongst other causes. It is therefore prudent that in the context of the ZIM ASSET, Government is embarking on a number of initiatives to address these economic challenges. I particularly commend His
Excellency for advising us that a number of Bills such as the Small Claims Court, the Commercial Court and the High Court Bills are going to be merged into the Judiciary Laws Amendment (Ease of Settling Commercial and Other Disputes) Bill [2016].
Again, this should and will promote a more positive environment and quickly settle any disputes that might arise with a potential to attract foreign investment. I also commend Government for going on an offensive to promote the use of plastic money in commerce and in trade.
This has positive effects of giving the country some commercial security and reduce opportunities and avenues of money laundering and terrorism. But Madam President, there is a disturbing trend which is now emerging whereby if you go into some shops; they will offer you a 10% discount if you pay by cash as opposed to paying by card. What this means is that that cash is being sold for a premium. I hope the responsible authorities will move to try and remedy this situation so that use of plastic money continues as it is the in trend all over the world.
Allow me Madam President, to commend the move to introduce the Movable Property Security Interest Bill. The majority of
Zimbabwe’s population has up to now not been able to access credit due to lack of collateral as well as due to high interest rates. In particular, we know that most of our people do not have immovable assets which can be used to securitise any borrowings. This is so, despite the fact that, for example - more than 60% of cattle in this country are owned by the majority of the rural people and rural farmers. This 60% of cattle in the country is a lot of money. I therefore welcome this Bill as it will enable people to use some movable assets, amongst them cattle which can be used to securitise any borrowings. This should obviously create very positive spin offs for our economy and that more people are going to be able to access credit.
Madam President, it is not a secret that mining is the leading source of export earnings for our country and yet this particular sector is still very much underperforming due to a number of reasons. One of the major reasons is that this country is underexplored. We do not have accurate data and information on the mineral resources which we have and therefore we cannot leverage or create more space in the economy.
I therefore welcome the imminent introduction of the Mines and Minerals Amendment Bill in Parliament as this is going to set our parameters and enabling structures so that substantive exploration of minerals in this country can be carried out. The current underperformance also in mining of the diamond sector is a cause for concern. It is depriving this country of the much needed revenue which we should be getting and the liquidity which we require. It is actually depriving our people of jobs at a time when we are in difficulties. I therefore hope that the responsible authorities in mining will move swiftly to revive diamond mining on a large scale so that this country benefits from one of its major resource, which is in abundance.
In the energy sector, His Excellency noted that Kariba South Extension is now about 60% complete, thereby potentially boosting our generation capacity by 150 megawatts by December, 2017. This should be good news because generating our own electricity is the only solution. Importing electricity is a temporary solution which is very costly as in most cases the tariffs which we pay for external electricity are higher than what we are paying locally. I urge the Ministry responsible to increase the nation’s efforts in expanding small hydro projects. Small hydro power generated by water is far much better than power which is generated by coal, which is thermal power because hydro is green and renewable. After setting up our hydro power stations, they are cheaper to run, maintain, are environmentally friendly and sustainable. We need to be more aggressive and set up more mini hydro power stations, especially in the Eastern Districts of this country where we have got many streams and rivers, which can be harnessed to generate power.
I also urge the responsible authorities in energy to look at the issue of tariffs which is quite controversial. We need to strike a balance between ensuring that ZESA has got cost reflective tariffs and tariffs which our economy can achieve. We should not reach a situation whereby we stifle and literally disable ZESA to operate because we are not allowing them to charge a cost reflective tariff. Electricity and energy in particular, is actually the artery of the economy. Therefore, we must carry out policies which enable this particular sector to survive and be able to deliver energy which is required in our economy.
His Excellency noted and discussed the very important issue of transport infrastructure. We all know that infrastructure is the very basis upon which investment will come into this country and it is the foundation upon which development can occur. Therefore, the rehabilitation and dualisation of the Beitbridge-Harare-Chirundu highway is indeed a very welcome development. The fact that we are advised that it is about to start should give hope to all and sundry that our infrastructure is finally being resuscitated. I hope that those responsible for negotiating the necessary loans and contracts will ensure that Zimbabwe gets a fair and favourable deal in this process. The country must benefit from the deals and ensure that local industry is sub- contracted in the whole process. Local companies and entrepreneurs must also benefit. We should not have a situation whereby the contractors who come in to dualise and build these roads bring in equipment like wheelbarrows, shovels, picks and tools which can be manufactured locally. We need to ensure that certain products, if not the majority of commodities must be procured locally so that our economy can be stimulated. At the end of the day, it is Zimbabwe’s resources which are going to be used to pay for the construction of this infrastructure, so the Zimbabwean people must benefit.
Madam President, in the words of the President, the reform of
State Enterprises remains a critical lever in the country’s economic turnaround process. I therefore welcome the imminent introduction to Parliament of the Public Entities Corporate Governance Bill. We have had recent cases in many State owned Enterprises and Parastatals like Net One, ZIMRA, ZINARA, NSSA and other organisations which have been involved in issues and deals which are very much corrupt. Most of our Parastatals lack good corporate governance, transparency and good commercial direction. I hope the Bill will contain good ingredients which will enable the State owned Enterprises to operate with minimum political interference and realise the potential through good corporate governance. Finally, I would like to congratulate the President for setting a cracking pace for the Fourth Session of the Eighth Parliament.
I thank you.
REMINDER BY THE HON PRESIDENT OF THE SENATE
THE HON. PRESIDENT OF THE SENATE: May I remind or
just point out to the Senators that, today’s Order Paper contains the President’s Speech. So, we may want to keep it for use when we are planning our response to the Presidential Speech.
HON. SEN. MAVHUNGA: Thank you Madam President for
giving me this opportunity to make my contribution on the speech made by His Excellency, the President of the Republic of Zimbabwe on the
Official Opening of the Fourth Session of the Eighth Parliament. As the President stated, a lot of Bills are to come before this House, which include the Constitutional Court, Rural District Bill, Traditional Leaders Bill, Prisons Bill, the Coroner’s Office Bill and the Marriages Bill.
Madam President, let me start with the Marriages Bill. I would like to thank the call made by Government to protect children from child marriages. I feel the Marriages Act, Chapter 5:11 should be amended because it states that women under 16 years can marry. The Customary Marriage Act Chapter 5:07 does not even state the minimum age of marriage. I therefore urge the Government to immediately amend the
Marriages and Customary Acts, so as to affirm the age of 18 years as the right age for marriage, educate our people and traditional leaders in general on the harmful effects of child marriages.
As you know child marriages cause a lot health problems to the young people, so I would urge the education of our people that no child marriages should entertained. I also lobby for the implementation of policies and measures that will ensure the prosecution of guardians and parents who marry off their children while they are still young. It is true that Zimbabwe is facing droughts and the major cause, as His
Excellency stated is climate change. Climate change increases the odds of worsening droughts in many countries the world over, including Zimbabwe. In recent years, drought has struck several major bread basket countries simultaneously, including Zimbabwe which used to be the bread basket of Southern Africa, adding to food price instability.
Droughts reduce food security, price hikes, can lead to social unrest, migration and famine. Several price hikes have occurred over the last two decades or so, often connected to crop failures or poor yields. Madam President, Government and private sector must identify vulnerabilities that droughts expose and take steps to improve resilience. Actions like using water more efficiently and developing more drought resistant crop varieties will help prepare us for future droughts and climate change.
To add on, Government and the private sector should construct more surface reservoirs for water such as dams and boreholes. Irrigation farming must be taught to communities so that people do not depend only on the normal rainfall seasons. On the issue of our economy, His Excellency highlighted the challenges our economy is facing today, which include the liquidity crunch. It is true as it is currently witnessed by almost everyone that banks are facing serious challenges on liquidity. The move by the Central Bank to introduce bond notes is of paramount importance in reducing the cash crisis that we are currently facing. However, I strongly feel that for the introduction of the new bond notes to be a success, the Central Bank has to vigorously do awareness campaigns with regards to the introduction of the bond notes.
On the issue of Direct Foreign Investment, it is critical for the development of a country. Attracting foreign investment is an important and useful tool for strengthening industries, facilitating knowledge exchange and increase global engagement. Instead of just offering tax incentives to these foreign companies, the Government also has to focus on upgrading infrastructure. For example, the move taken by
Government to dualise the Beitbridge-Chirundu highway will go a long in attracting DFI since transportation of goods will be easier and the road network will be good. To add on, the Government of Zimbabwe should try to do the following so as to attract more FDI.
- Craft a long-term plan for fiscal stability in order to create a stable economic and investment environment.
- Increase public investment in basic research and development.
- Modernise infrastructure that would help support roads, air freight as well as energy and telecommunication networks.
- Flex the Zimbabwe Investment Authority permits and the Indigenisation policy to attract FDI.
On the issue of mining, the President talked about gold but as a country, I strongly feel that the Government is mainly concentrating on precious minerals that include diamonds, gold, platinum and emerald, forgetting other rich minerals that are found in Zimbabwe. I think this is the right time the Government should also focus on supporting small scale miners for semi-precious minerals. If miners for semi-precious minerals are fully equipped, they will contribute significantly in revenue received from their exports; thus contribute in overall economy of the country.
Madam President, on the issue of energy sector, the Government should concentrate more on renewable sources of energy that includes hydro and solar. In some countries, solar is used as the main source of energy. As Government, we should put our emphasis on solar, since Zimbabwe is blessed with the sunlight throughout the whole year. Some countries who have adopted solar as their main source of energy do not have abundant sunlight throughout the year like us. Hydro is good but not the best, for example, in times of serious droughts where water levels in large dams and lakes drop, that will seriously affect the power generation. I thank you.
*HON. SEN. CHIMBUDZI: I want to thank you Madam
President, for giving an opportunity to make my contribution on the
Presidential Speech, which has been moved by the Hon. Retired General
Nyambuya and seconded by Hon. Sen. Mavhunga when he opened the Fourth Session of the Eighth Parliament of Zimbabwe.
I will discuss climate change and we should be aware of the fact that the effect of climate change is not negatively affecting Zimbabwe alone, but most countries in this world. It is also disturbing not only the natural resources but also the economies. As a result – Zimbabweans, we need to take steps which will help us alleviate the dangerous effects of the climate change. If we do not fight it, we are not going to progress and I urge us as Zimbabweans that we should be aware of that. We should look for ways of fighting the negative effects of climate change.
We need to be very creative because climate change brings drought and starvation amongst the people, the flora and fauna.
As Zimbabweans we are people who are very creative and therefore we need to look at ways and means of alleviating this problem, but we are fortunate in that His Excellency Cde. R.G. Mugabe has fore warned us and as they say forewarned is forearmed. As a result, we should look for ways of developing our country. The President also discussed the Bond notes and he encouraged us to understand that the Bond notes are there to alleviate the liquidity crunch which is facing the country. We therefore, expect the economic fundis, including the RBZ to give people education on the role of the Bond notes because if we are not given enough knowledge, enough information we are going to destroy this programme. Therefore, we need to be given information using the media and wherever people are so that we tackle the issue form an educated point of view.
We have some of us in Zimbabwe who will look down upon any new program and they have a negative attitude towards anything that is coming, but we should congratulate our RBZ for introducing these Bond notes. What is needed is education on the role of these Bond notes, what they mean to us and who should use them and when we should use them. What we need is that when people have been educated they will also spread the positive information on the Bond notes.
The President also urged Parliament to be creative and craft laws which create peace, order, good governance of Zimbabwe. According to the Constitution of the country and the Bill of Rights and as legislators we should be aware that our country Zimbabwe has a Constitution which we as legislators should uphold. Hence whatever piece of legislation we make should create peace, order, good governance and it should be in accordance with the Constitution and the Bill of Rights.
The President gave us guidance as Parliament of Zimbabwe. We have a role of representing our Constituencies and we should discuss laws which are very progressive and developmental. I thank you.
HON. SEN. MUMVURI: I want to thank you Mr. President. I
also rise to support the motion on the Presidential Speech. Let me start
by thanking the mover and the seconder Hon. Sen. Nyambuya and Hon.
Sen. Mavhunga. This time, the President’s Speech was very short and succinct. He did not waste a lot of words and it was highly technical as well, but it was pregnant with meaning and information. As it was already expounded by Hon. Sen. Nyambuya and Hon. Sen. Mavhunga.
I just also want to emphasize on a few points which we think should help us in our dealing with this Speech as Parliament and as a nation. I also had written that the introduction of Bond notes as what Hon. Sen. Chimbudzi has said, it is a welcome idea. However, I think it needs a lot of knowledge before the Bond notes are introduced. It boards very well for our economy to try and ease the liquidity challenges which the country is facing, no doubt about that one because we had already experienced the same with the Bond coins which at the first time they were introduced I was the first to talk in favour of them. They were later embraced and we are getting a lot of change and there are no more sweets being given over the counter. You get your money, cent, 50 cents and so forth. So, in the same vein we are hoping that it will go that way with the Bond Notes.
The President mentioned that basic research should be a focus and a tool which we must always engage as we go forward to develop our economy into the next century. So we must always focus on research in whatever we are doing in our economy and the Government must spend substantial amount of money on relevant research. I also want to state on environment and climate change which is now very unpredictable, that we do not know when the rains are going to come and when they are going to stop. So, this is another dimension which we must embrace wholeheartedly and invest in it. The change in climate has negatively impacted on our agriculture and as we all know, agriculture is the mainstay of the economy. If agriculture is not moving on well, everything will not move on well. We are an agricultural based country, therefore, there is need for the rehabilitation of irrigation schemes and that point cannot be over-emphasised. We have said it over and over again. The relevant Ministry must move with speed, robust and vigour
to see that water is harnessed. We are not short of water here as long as it rains. We have enough water to harness and make use of so that we move out of food shortage which Senator Mavhunga has already said we were once the breadbasket. We want to return to that status.
I want to commend the Government which has already taken steps by introducing the command agriculture. Command agriculture as we speak is in motion. It is now at an advanced stage and relevant systems have been activated whereby farmers are now receiving inputs on time to ensure that this programme succeeds. However, that is the talk but I want to warn Government that it should proceed with caution. A project of such magnitude cannot be started at a very large scale. Let us start it slowly with a few provinces and then move on to the others. It does not mean that everybody is going to get enough inputs at the same time. My proposal is that it is not all provinces which embrace command agriculture especially as it focuses on producing food crops.
It is very well known that the Mashonaland provinces are very good at that. Therefore, why should the Government not start slowly with those people so that they get enough inputs and monitoring? If they proceed at a large scale and try to satisfy everyone when the resources are not enough, it is bound to fail like the Maguta scheme. It did not go on very well because it lacked supervision; inputs were just given willynilly and no one was making a follow up. This time they must put their things in order by starting slowly and supervising every asset which they give to the farmer and ensuring that it is put to good use in order to produce what is required.
As it has been said that they are starting with food crop so that we move out of hunger before we move on to other crops like cattle ranging and cotton, my suggestion is that we must start slowly and then if it succeeds, we then expand and come to full swing where all crops, like maize, wheat, soya beans and sugar beans are produced in large quantities.
Other development thrusts which were covered by the speech of the President include the much anticipated dualisation of the BeitbridgeHarare-Chirundu road. This is a welcome development to everyone.
We want to see this road being rehabilitated as soon as possible, dualised and becomes functional. No one can dispute that the completion of this road will bring and enhance revenue collection at Beitbridge and Chirundu which are the two major border posts. It is a cash cow which brings in a lot of revenue. This should therefore be coupled immediately by the building of a one-stop border post at Beitbridge border post because at Chirundu, it is already there.
Lastly, the President mentioned a lot of Bills which are going to be introduced in this Fourth Session of the Eighth Parliament. If you count them, they are about 30 to 36. I want to say that the speed at which the Bills are going to be introduced and implemented depends largely and very much on the frequency that the Executive brings them to this House of Parliament. It does not depend on Parliament. Parliament only acts on the Bills which are being introduced by the Executive. Therefore, the relevant line Ministries should get busy, starting from yesterday bringing Bills here. We can approve one or two Bills every week if they are brought here. We do not waste time as Parliament but the Executive are the ones which determine the speed with which we are going to implement those Bills.
I want to thank you Mr. President for giving me this opportunity to speak on the President’s Speech. As I said, it was very highly pregnant with meaning; short as it was, but I think it was full of everything which he wanted to say. Thank you - [HON. SENATORS:
Hear, hear.]
HON. SEN. MUMVURI: I move that the debate do now adjourn.
HON. SEN. KOMICH: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 12th October, 2016
On the motion of HON. SEN. MUMVURI, seconded by HON. SEN. CHIEF MUSARURWA, the Senate adjourned at Eighteen
Minutes past Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 4th October, 2016
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. PRESIDENT OF THE
SENATE
ERROR ON THE ORDER PAPER
THE HON. PRESIDENT OF THE SENATE: I wish to draw the
attention of the Senate to an error on today’s Order Paper where Order of the Day, Number 1 on the Second Report of the Thematic Committee on Gender and Development on Early Child Marriages has been erroneously reflected as the First Report of the Thematic Committee on
Gender and Community Development on the Status of Children’s Homes.
LAUNCH OF THE ZWPC STRATEGIC PLAN AND THE “HE-FOR-
SHE CAMPAIGN”
THE HON. PRESIDENT OF THE SENATE: I also wish to
inform the Senate that the Presiding Officers of Parliament will launch the Zimbabwe Women’s Parliamentary Caucus Strategic Plan and the He-for-She Campaign on Wednesday, 5th October, 2016 in the Parliament courtyard at 9:00 a.m. The He-for-She Campaign is a solidarity campaign for gender equality initiated by the UN Women.
MOTION
SECOND REPORT OF THE THEMATIC COMMITTEE ON GENDER
AND DEVELOPMENT ON EARLY CHILD MARRIAGES
First Order read: Adjourned debate on motion on the Second Report of the Thematic Committee on Gender and Development on
Early Child Marriages.
Question again proposed.
THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU): I
move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 5th October, 2016.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON PEACE
AND SECURITY ON THE STATE OF THE COUNTRY’S BORDERS
Second Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Peace and Security on the State of the Country’s Borders.
Question again proposed.
THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU): I
move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 5th October, 2016.
On the motion of THE DEPUTY MINISTER OF MEDIA,
INFORMATION AND BROADCASTING SERVICES (HON. SEN.
MATHUTHU) the Senate adjourned at Nineteen Minutes to Three
O’clock p.m. until Thursday, 6th October, 2016.
PARLIAMENT OF ZIMBABWE
Tuesday, 25th October, 2016
The Senate met at Half-past Two O’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE SENATE in the Chair)
ANNOUNCEMENT BY THE HON. PRESIDENT OF THE
SENATE
2016 PRE-BUDGET SEMINAR
THE HON. PRESIDENT OF THE SENATE: I wish to remind
all Senators that they are invited to the 2016 Pre-budget Seminar, to be held at the ZITF grounds in Bulawayo from the 2nd to the 6th November, 2016. Those Senators who have not yet confirmed their attendance with the Public Relations Department are urged to do so to facilitate finalization of logistical arrangements for the seminar. PR officers will be stationed in the Court Yard from 1400hrs during sitting days or at their offices in Pax House during any other time. I would urge you to go during sitting, which is easier. You are also reminded that those Hon. Senators from Masvingo, Matebeleland North, Matebeleland South, Bulawayo and Midlands Provinces are expected to drive to the venue while Hon. Senators from Harare, Manicaland, Mashonaland Central, Mashonaland East and Mashonaland West Provinces are expected to travel to Harare for a flight to Bulawayo.
MOTION
RESTORATION OF THE MOTION ON NUTRITION AMONG URBAN
AND RURAL COMMUNITIES ON THE ORDER PAPER
HON. SEN. KHUMALO: Madam President, I move that the motion on Nutrition among Urban and Rural Communities which was superseded by the prorogation of the Third Session of the Eighth Parliament be restored on the Order Paper.
HON. SEN. MAKORE: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Second Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
HON. SEN. MASHAVAKURE: Thank you Madam President. I
would like to make a few comments on the motion that was raised in the House by Hon. Sen. Nyambuya and seconded by Hon. Sen. Mavhunga in reply to the Presidential Speech at the occasion of the opening of the Fourth Session of the Eighth Parliament of Zimbabwe.
The Speech touched on a number of issues and I am going to try to add some flesh to some of the points, for instance, the issue of realigning the laws of the country with the Constitution of Zimbabwe. I am aware that the Disabled Persons Act of 1992 is still to be aligned with our new Constitution and it is my fervent hope and the hope of many other persons with disabilities that this is going to take place before the end of this session. We have been left behind in terms of alignment with the other processes that have taken place but it is our hope that the Fourth Session of the Eighth Parliament will address the issue.
There is also the issue of the domestication of the United Nations Convention on the rights of persons with disabilities which was ratified by Parliament of Zimbabwe in 2013 and assented to by the President, I think in May 2013 and deposited at the United Nations Headquarters in September, 2013. I understand from some learned sources that it is possible to domesticate that convention using the present process whereby we are aligning our laws with the Constitution of Zimbabwe. One suggestion that was made to me by some legal guru is that a section or an article in the new aligning law could be inserted which simply says, “the United Nations Convention on the Rights of Persons with
Disabilities shall be law in Zimbabwe” and that would be it. So I think this is an opportunity that we can use to incorporate this particular convention into the national law.
The President also talked about Bills that are going to come to the
Houses of Parliament, for instance, the Traditional Leaders Bill. My take on this, is that we hope the Bill can be used to rationalize the judicial powers of the traditional leaders, especially our chiefs so that they become a powerful court system in their own right so that they can even sentence people to jail if necessary. I understand that in other countries, they are actually empowered to cane people when they go there. I hope the new law will ensure that the powers of the chiefs’ courts are rationalized and strengthened so that they do not form a junior court system on the western styles brought to us by colonialists such as the Magistrates and so forth, but that they become a good independently functioning court system by themselves. This, I think would be part and parcel of the empowerment of our traditional leaders. Of course, if anybody is not happy with the ruling that would have been made, the laws always say there is a possibility of appeal.
The President also talked about other laws that will come to this
House like the Youth Council Bill. I understand there is the 2016 –
2017 policy strategy on Science, Technology, Engineering and
Mathematics (STEM) in our educational system. There is also a possibility of amending the Public Health Bill, which I understand the current Act was probably put in place almost a hundred years ago in 1924.
I would like to encourage the Government and those responsible to come up with these Bills, including the Children’s Act, that in the process of drafting these Bills, they should always mainstream disability. I think it is easy to have disability issues or concerns addressed by the mainstream legislation rather than that we have a system whereby we will require to come up with a different disability law to try and address issues that could otherwise have been dealt with by any other law that is passed by our Government.
It is important that those in charge of coming up with these Bills take this very seriously and mainstream disability into these things. I know for instance, with respect to the STEM issue, there have been a lot of arguments in the disability community as to who can and cannot do certain subjects among the various disability types. I think a well researched policy will address some of the concerns or solve some of the perceived problems and make sure that everybody in this country is able to benefit from the STEM programme as it shall be drafted by our Government.
In other countries, this is not an issue because everybody can do it. The equipment, materials and the ideas are there. I think the most important thing is that the ideas and know-how as to how it can be done should be tapped or utilised to mainstream disability into this particular policy. President Mugabe also talked about our universities and tertiary institutions and a law that will try to make sure that the mandates of the particular national universities are strengthened by making sure that universities stick to programmes they are supposed to offer. I also think that universities, apart from just teaching are also centres of knowledge in the form of published knowledge, in other words the results of their researches can be published into books and articles for the benefit of other persons who are not at the particular university or institution or posterity.
Therefore, I think it is very important that our Government considers establishing a national research fund which can be used to sponsor various researches in different various researchers in different disciplines whether science, literature and so forth at our institutions. Other countries have similar programmes. Of course, there is also no harm in individual universities establishing their own research fund facilities, but that can also be used to complement the national research fund so that we have a lot of people doing different types of research for this country for the benefit of the higher education system.
Madam President, the President’s speech also talked about the amendments to the insurance and pensions laws. I think a lot of people around my age will remember that the 2000 to 2008 era was an era of the devil. We were sometimes, in my case on three occasions I was invited to come and collect money which I had asked for which pertained to my policies with insurance companies in this country. I was simply told that that was the amount which they had worked out without consulting me whatsoever because they said otherwise the contributions I was making had been eroded by inflation.
On one occasion, somebody who was travelling with me was telling me that a particular guy was actually driving a brand new vehicle and I was wondering how they had managed to buy brand new vehicles from contributions by clients, which contributions had been eroded by inflation. So, the inflation was simply eating up the insurance on my part but not on the part of the insurance company itself. I think that is something that the amendment laws that are coming to Parliament should try to address and make sure that if possible, even in retrospect, customers can gain an extra dollar.
Madam President, you realise that even funeral assurance companies - when we took our policies, then we were told that we were simply going to contribute for ten years but when the US dollar came, that changed; we were not even consulted but deductions continued to be made on our policies. When we asked three years later, we were told that we were trying to compensate for the value of the policies which
was eroded by inflation. When we asked when the deductions were going to end, they said do not worry we will tell you and it goes on and on. I think that is something that the amendments to the law could try to address with legal terms that are permissible.
The President also talked about the amendment to Minerals
Exploration and Marketing Corporation Bill as well as the Mines and
Minerals Amendment Bill. My opinion is that in the past, in some Committees like in the Indigenisation Committee, we have heard some people complaining that it looks like some of these mining laws have a lot of power so much that anybody who is armed with them can come to your house and say I am going to mine gold under your house and you are not supposed to resist. In other words, our mining laws seem to have priority over everything else including lives in this country and I hope that the amendments that are coming are going to solve that problem. Somebody told me that we might amend some of these laws but there are other laws like the Gold Act or Precious Stones Act and so forth which more or less have the same force. So, unless and until we grapple with those as well we may not be solving any problem.
My hope is that these two Bills that are coming to Parliament are going to be overarching enough to cover all the other mines and mineral laws that might not be specifically named in the President’s speech. In other words, equal priority should also be given to other facets of Zimbabwean life like residence and agriculture, not just to say because somebody has got a mining licence, they he can tell me to stop farming in my field. I think that is not good enough. Maybe in the past, it was used to bulldoze the areas where the majority of people were living by the colonial system and I hope that can stop. There is also the element of mineral leakages that the President talked about. I think one of our problems is that these colonial laws are not friendly enough to the people. I understand that if you are found in possession of gold, that is supposed to be a crime but suppose I picked it in my house or in my field, how does it become a crime? Is it simply because I am not armed with a mining prospector’s licence or something?
I think that is wrong and something must be done. Gold occurs in our areas naturally so it cannot be a crime that I have come across it and picked it. I think when people dig for the construction of their toilet or drilling boreholes, it is possible that they can come across a precious stone and people should be allowed to take that to Fidelity Printers and say, ‘I have picked this thing, how much is it’ and they get paid go away, as long as they can prove that they have not stolen it from somebody, it should be permissible that people hold a piece of gold in their hands.
Madam President, because our laws are not all that friendly, people find it easier to take that gold outside our borders and sell it there and then we begin to complain that there are mineral leakages when in fact it is our laws which need attention. We need to panel beat our laws so that we can retain our minerals and give money to our people.
There is also the issue of the Regional Town and Country Planning Bill which will come to Parliament. I was very impressed in the last four days because two ideas that I have always talked about were actually given to us at different forums by very important people in our society. The first one occurred on Saturday at the burial of Cde C. G. Msipa when the President said that it is time we probably stopped thinking about expanding our cities but we should start building high rise buildings. That is a very important point and I hope that point can also be captured in the Regional Town and Country Planning Bill that will be brought to Parliament. This is issue of towns expanding north, south, east-unending is not good enough because we know of the transport challenges that people then begin to experience trying to come from one end of the city to another to visit the CBD or to go to some industrial sites where there are manufacturing companies where people are supposed to work. If you can build upwards it means that the high rise buildings can erected close to the industrial sites or to the CBD so that people are not troubled by transport issues. That also relates even to our rural areas, I think it important that the particular Bill looks at issues in the rural areas. In the past we have heard news where some subsidiary traditional leaders vana sabhuku had settled people in what are supposed to be pasturelands for people and all sorts of conflicts there has arisen.
It is important that even the settlement pattern in our rural areas should also be addressed by this particular Bill, so that qualified planners can look at some of the rural areas and see how best they can be re-shaped in order to accommodate both the people and the animals. That will address another point raised by the President which relates to the revival of the beef industry. If in our rural areas we can protect our pasturelands it means that we can have more cattle which obviously feed into the beef industry. At the moment, in some areas pastures have just disappeared and that people have been settled all over the place. That also needs to be addressed. Maybe the kind of villages that others see are to be found in South Africa. We may have to start thinking along those lines in order to make sure that we address all the needs of our people, that is pastureland as well as residential land.
Then the issue of dualisation of the Beit-Bridge-Masvingo-Harare-
Chirundu road, I think that is a very good thing. The President says ‘that potentially makes Zimbabwe a transport hub of the region’ I also think that even as we do that even if we have not started …
THE HON. PRESIDENT OF THE SENATE: Order. Can the
Hon. Sen. Mashavakure wind up? The light is on, that means you have to wind up in 3 minutes.
HON. SEN. MASHAVAKURE: So, my point is that we should
be thinking ahead and even planning the dualisation of other roads like the Nyamapanda-Harare, Mutare-Masvingo and Mbalambala and so forth. So that we do not have to act in response to emergences when the time comes and we should always be prepared and we should always build our infrastructure on time, that we do not have to be troubled by these things that then come up when we are not probably financially prepared.
Then there is the working environment for the legislature which the President also talked about, referring to the building of the new Parliament in Mt. Hampden. Of course, that also involves or includes issues to do with the MPs. In that respect, I want to give my gratitude and my very big pam pam to the Zambezi River Authority (ZARA) because for the first time since 2013, when I joined this Parliament I have received a copy of the annual report from the company which is in an accessible format.
Apart from the booklets that they, sent they also put a CD which I can put on my computer-in fact I have done that and heard it for myself,
I do not have to wait for somebody’ spare time so that I can read it. I hope that other companies parastatals can follow suit so that as an MP and MPs with visual impairment in future when they come they will find it very easy to be dealing with those documents and I have got that CD at home and I hope other MPs also got that CD from ZARA.
I want to thank the two co-chairpersons the permanent secretary in Zambia Brigadier General Emelder Chola and our own permanent secretary here in the Ministry of Energy and Power Development. I think that is something that is very good and something to be emulated. I also hope that even Parliament …
[Time Limit]
HON. SEN. SHIRI: I propose the extension of time for Hon. Sen.
Mashavakure Madam President.
HON. SEN. MARAVA: I second.
HON. SEN. MASHAVAKURE: I am about to finish. I thought it was 5 hours. Thank you Madam President. The other issue that he addressed is the issue of the other law which is going to come to Parliament. The Public Entities Corporate Governance Bill. When this was mentioned by His Excellency, I actually thought of issues surrounding ZESA and ZETDC. I also thought even in this new Bill the Government could start thinking of re-amalgamating some of these companies into one. I understand maybe ZESA is two, maybe three companies which all have to rely on the same source of revenue, which is the domestic and the commercial industrial consumer. It is important that if we could cut down on the manpower by reducing that company into one company, maybe that would solve some of our problems.
Madam President, I thank you.
*HON. SEN. CHIEF CHIDUKU: Thank you Madam President,
for giving an opportunity to make my contribution on the Presidential
Speech. The Speech was delivered by His Excellency, and I also thank Hon .Sen. Brigadier Nyambuya for raising this motion and it was seconded. The leader of this nation is a God-chosen leader and we realise that he is loved by almost all the people of the world. We realise when we are discussing at international foras, people will be ululating and clapping hands and urging him to continue talking. He is a God- sent leader to the people of Zimbabwe.
He spoke very well and eloquently. We may not be able to say whatever he said but, what we know is that he spoke intelligently. Some of the issues he touched on were that in august House, we will receive more Bills which are supposed to be aligned to the Constitution. Madam President, I think in both our Houses in this bi-camera system, whenever an MP moves a motion-unfortunately during debate, that Bill is given a partisan approach. As a result, whenever a Member is debating he is labeled along the party lines and hence we will be running away from the truth. I believe in this Senate, we have senior citizens and senior members, so we should be debating as mature people, as opposed to what will be happening in the National Assembly, where one should be 21 years of age and above to qualify, when in this House you have to be 40 years and above. We will be debating issues according to the dictates of the mover of that motion. I have notice that at times, one may want to debate but because you are afraid of being labelled a member of that other party, therefore you withhold your contribution.
We are people who were elected by the public of Zimbabwe and we should debate these issues as patriotic as we possibly can. We know when people are debating and there could be somebody out, people will be surprised at whosoever will be debating because whatever one will be debating, because of the political labelling, you will be forced to waffle. When people see you, they really get the other side of you, yet we are supposed to be working towards developing our country, working towards the law-making process and representing our people. I have given a hint that Hon. Senators, when a Bill is introduced, let us avoid to be given partisan inclinations. If you feel that you cannot talk without taking any political lines, be the king of your silence than a slave of your utterances. I believe when people look at the Hansard, they will be able to judge our capabilities. Madam President, I have taken this opportunity to explain myself and encourage fellow members to debate Bills as they should be for the construction and development of the country and not partisan scoring points. I thank you.
HON. SEN. TAWENGWA: I move that the debate do now
adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 26th October, 2016.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON GENDER
AND DEVELOPMENT ON THE STATUS OF CHILDREN’S HOMES
Third Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Gender and Development on the Status of Children’s Homes.
Question again proposed.
*HON. SEN. MABUGU: Thank you Mr. President for giving me the opportunity to make my contribution on the state of children’s homes in Zimbabwe. I will start by thanking Hon. Sen. Makore, the Chairperson of the Gender and Community Development Committee and the seconder of the motion. We visited a lot of these homes so that we could observe. The first home which we visited was Matthew Rusike and we observed that it was a well organised home because we have very good impression at first sight. We realised that they had problems such as not enough farming land because they would like to be self sufficient on food. They are involved in fishery, they have a garden and they have other areas where they can get their food.
We noticed that the homes that they are running are typical homes which we have in our homes and they live a normal life. The problem they were facing was that some of their children could not access birth certificates. When we looked at their secondary school, they needed equipment in their laboratories and they want some assistance in the children’s education. They said they were running short of buildings. If
you compare with other homes, this is a better home.
We later visited Edenvale, like I stated, the first impression of a home tells you what is happening at that place because at Edenvale, the children were poorly dressed, even the halls of residents were so poor. That showed they needed some assistance. They also had a problem in their feeding programme, hence they relied on assistance from a nearby farmer who also supported them with transport when going to school. We are pleading with the Government, that if they have pledged to support these orphanages, they should implement that policy because some of the children in these homes are not able to access education because they cannot afford the transport, payment of fees or stationery for these learners. We know there is supposed to be a prorata given for the maintenance of these children such as $15 per month.
Unfortunately, the Government does not honour its pledge.
We had the worst scenario at Chirinda Orphanage and I run short of words to describe it. It is very sympathetic and sorrowful because when we get there, we were told that on that particular day, children did not have food for that day. They were sorrowful, mournful, very lugubrious because they last had food the previous day. We are pleading with the powers that be that Government should support these homes so that these children can be fed on regular basis. We were told that the children used to get their food supplies as leftovers from a nearby hospital and one concludes that the hospital authorities had to underfeed their patients in order for the food to overflow to the orphanages.
As members of the public and as Hon. Members, we may be able to take care of our families but let us think of these people in orphanages and support them. When we got there, we had bought some of the provisions such as bananas for our own consumption, but we said there was no need to take the food to our homes and we gave it to the children. They scrambled for the food. When we went to the halls of residents, there was some foul smell showing that they lacked the detergents to wash their clothes and even bath. As Zimbabweans, we need to have an introspection as to where are we really failing? When we have said we want to implement a project, let us implement it in full instead of being a talk-shop because the situation in these homes was really pathetic, very touching, sorrowful, mournful and very lugubrious.
When we left for other homes we had problems in accepting the situation in those homes. Some Members of Parliament shed tears of sorrow and I beg Zimbabweans, let us be serious about what we are doing. In our nation, we are talking of children’s rights and we need to support these children especially these who are in orphanages, who look forward to the community for protection and support. Let us spread the gospel of supporting these orphanages, let us not be labeled a talk- shop with no implementation. We need to implement what we talk, let us walk the talk.
We visited other homes besides these three but the problems they were facing were better than what we had come across because they were talking about the perennial problem of lack of access to documentations such as birth certificate. I am begging, as a nation we should look at Chirinda and the Edenvale. These two homes needs to be given some assistances, they need to be given what is due to them. If Government has promised to assist them, they should give them the assistance to run the homes. I wish if any of our leaders would visit these homes so that they would support whatever it is we are saying and work towards soliciting for assistance for these homes.
As Members of this august House, we need to play our oversight role and urge the responsible Ministry to uphold the children’s rights.
When I am talking about this issue, I become so emotional because what I observed causes one to feel the pain. This is different from being told of what is happening because when you get to that place you feel sorry about those children. I am about to break into tears, I am very touched by what is happening in those homes. To tell you the truth, whosoever got to those places was touched by the incidents, the poor support of those homes. I thank you.
*HON. SEN. BHOBHO: Thank you Mr. President for giving me
this opportunity to make my contribution on the state of affairs in orphanages. It is a fact that when you move around, you observe, learn and make educative contributions and decisions. We were touched by what we saw in these homes and we selected a few. We were observing the state of the homes, the upkeep of these children and also the welfare of the workers and the children. What we saw in Chipinge at the Chirinda orphanages, these children receive assistance from the nearby hospital which gives them the food. This home is not run by the Ministry or Government but it was a missionary home which they later dumped to the public. We have noticed that male people in the neighborhood are taking advantage of these children and abusing them. We were told that some of the goods which were given as donations for the running of these homes were taken as personal property by the people who were running these homes.
His, Excellency the President said nobody should die of hunger in Zimbabwe and it is up to us to go to some of these places and observe the food situation in such homes because we do not expect His
Excellency to be at every point in these homes. I have told you about
Chirinda, it is in a sorrowful state. We need to visit those homes. We also have some officials from the department of welfare who also went there looking for placement of some children and what happened on that particular day, we made them to be aware that there is going to be some impromptu inspection on an ad hoc basis so that they look after them well.
The other problem we observed in these orphanages is that when an inmate attains the age of 18, they have to be discharged from that home. Unfortunately these children have no access to birth certificates hence they would have nowhere to go. However, there were some lucky ones where we heard one of the pupils who had grown up, managed to get a birth certificate and he is employed in South Africa. So, when he is on leave, he comes to the home because that is the only home he knows and supports it.
We have also noticed that in the homes the children are also as naughty as those children we have in our homes and yet we want to be exemplary and I beg members of this august House to be able to inculcate some values of responsibility in these children so that they can fit well into the society when they are discharged from those homes. These homes were started by Missionaries and they were operated by a certain lady but they have since dumped it.
We visited orphanages in Masvingo where we noticed that the communities in Masvingo were very supportive of their homes. Members of the public in the neighborhood contributed food according to their abilities. The principal of the orphanage informed us that they have very good support from the neighborhood. I am also urging Senators as citizens of Zimbabwe; we are the missionaries who used to run these homes so we should support these orphanages. Let us visit them, get to know their challenges and give solutions to those problems because this is what His Excellency, the President wants us to do. We need to spearhead development. When you take a child to school, you may not be as educated as that child but the child will then advance and go to Advanced level and attain that high status, therefore will assist you.
As elected people of Zimbabwe, we should support the people who need our support especially in these orphanages. We know we have problems but as elected people, one of our functions is representation, therefore we have to represent our constituencies. When we look into the history books on the development of the country, we will realise that the white members who were senators did some good works. My colleague had said we had bought some bananas which were left for the children, which when you look at the support needed, it is just peanuts.
However, as Members of this august House we should do something big which will lead to the development of the home. When you give people bananas, they have a short shelf time. If they stay for a long time, they go bad. Therefore, we need to look for ways of supporting these homes so that when the President is told that Members of Parliament visited such a home, he will be told of the good works which we will have done.
I am supporting all the words and the work which was done. I thank you.
*HON. SEN. GOTO: Thank you Mr. President. I would like to make my contribution because I am one of the people who was in that Committee. I would like to thank Hon. Sen. Makore for the leadership and also introducing this motion in this House, seconded by Hon. Sen. Bhuka. I am saying when you move around, you acquire a lot of knowledge. Let me not repeat what has been said by my predecessors. We started by visiting Mashonaland East Province. When we get to a home, it justifies being a Children’s Home because it will be well taken care of and well managed.
We had a very good meal at that home and from there, we went to Manicaland where we visited Chirinda. The home is in a pathetic situation because we realised that when you get even in our normal homes or to a place, you have children running to welcome you. Even the cats and dogs come to welcome you. When we got to Chirinda, people were not free to come to us. They thought we were spies and were not very happy to see us.
When we got there, instead of these people narrating the good things which they have, they started by telling us the problems they have. As an introduction, they gave us the history of that place saying the home was founded by Mrs. Chirinda. From the way we saw, that picture had just been put a short while ago. We asked when the person passed on and they told us. We went on to ask the challenges which they face, and they showed that they were very glad to see us.
They said they get assistance from well wishers and they said that we were amongst the people who had visited that place. They expected us to give them some assistance. They told us that the Government grants meant for running these homes were not coming on time. They really expected us to give them something. We started touring the home starting with the sleeping quarters. It is a pathetic site. We visited the place before winter but we realised that in these sleeping quarters, there were no blankets. Even in the wardrobes, there were no blankets. It showed that the only form of blankets they had were hand knitted.
When the children were asked to stand besides their bed, they were so sad and mournful and one would wonder what was going on because they were in a poor state. We wonder whether the bananas which we left were given to the children. We observed that the sleeping quarters were in a sorry state and that home was managed by a man. As far as I am concerned, we think that home should be run by both men and women so that they can take care of the needs of both sexes. We also realised that the children showed some signs of fear. We had a feeling that they were abused in one way or the other because they were afraid of people.
We were told that they received donations from members of the public. What happens is that the officers in those homes would take the good clothes from the donors and take the old clothes from their homes and substitute them. I felt very sad because what happened with the bananas which we left behind - they were grabbed by other people. We also talked about how the children came into those homes. They had no clear cut answers because they would say some of those children come on their own and others are picked from the streets.
In other words, there is no clear cut policy of taking those children into the homes. They did not have any project which was aimed at the running of those homes. I am saying they should implement some projects such as running a garden because at the moment, those children are fed on leftover food from the hospital. We are saying, let us not rely on the donor syndrome because we need to take care of our own people. Of course, the home is meant to be run by missionaries but they are no longer giving the support. When we asked about the way these children are taken care of in the evening, we were told that these children are guarded by lady workers. So, because of the situation you start wondering whether these children are not abused by people who come in the evening and connive with these workers.
We then went to another home where we saw that it was well organised, that they had projects which they were running and were doing quite well. They told us that the grants from Government may not come on time, but the point is that they are given some help and they are also self-sufficient in as much as they can. As Hon. Senators, I am saying whenever we want to visit such homes, let us source for donations so that we can support these homes. I will not mention some of these homes.
We also got to a place where we had some children who were in a remand home in Mashonaland East. We have some juvenile delinquencies and the boys were at some distance from them because the children have to feed from that same place. Children travel a long distance which is about a kilometre or so to go to the dining hall. We realised that when the girl child is going to the dining hall, they have nobody to support them. When we tried to greet those children, they were not responsive because these are convicted youngsters. We said we would like to examine their homes. What was sorrowful was that when we got into that home, the sleeping quarters is in a poor state because it was smelling and clumsy.
The windows had no window panes but they were covered in plastics and yet we know that they may be convicted; they are naughty and delinquent and need to be protected because we noticed that despite the high protective security fence, these children would also sneak out despite that security measure which is there. We believe in that as leaders, we need to look for ways of supporting these children. We noticed that the girl child is forced to travel a long distance. We say they are put at risk or being abused when travelling to the dining hall for food, regardless of the time especially in the evening.
We noticed that some people should be self-sufficient. As leaders, we should tell the management of these homes that they should look for ways and means of taking care of these homes. If we are going to rely on hand-outs, we will end up stealing. Even when we look at our homes, if you are not hard working, you end up being the enemy of the people. Therefore, there is need to visit these homes and see how they can compile a report on these homes. This will enable us to see which home has the best upkeep of the children and which provinces have the worst upkeep of these homes.
As Members of Parliament, we should visit those homes so that we will be able to assess their needs. This involves every one of us. I thank you.
HON. SEN. TAWENGWA: I move that the debate do now
adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 26th October, 2016.
MOTION
SECOND REPORT OF THE THEMATIC COMMITTEE ON
GENDER AND DEVELOPMENT ON EARLY CHILD MARRIAGES
Fourth Order read: Adjourned debate on motion on the Second
Report of the Thematic Committee on Gender and Development on Early Child Marriages.
Question again proposed.
*HON. SEN. MOEKETSI: Thank you Mr. President for
affording me this opportunity to debate on this motion. Though this motion has been debated for a long time, I also wish to add my voice on early child marriages. I want to start by giving an example; as I am speaking, in my garden there are a lot of tomatoes but there is not a single day that I have harvested these tomatoes because they are not yet ripe. I therefore plead with this House that products should be left to get ripe before they are harvested. I also want to say that the time we are in, is the time when most children are given in marriages if we rely on donors. I want to plead with the men that are in this House to educate one another not to exchange bags of maize with our daughters. This is the time when young girls are given to old men who are very happy to take them as their wives.
This past week, I went to the rural areas in Mhondoro and came to this homestead. It had a lot of people such that one or two bags of maize are not sufficient to feed that family. That is why I am stressing that this is the time that you see children being given in marriage because they want to get adequate food for the family. In other words, we are treating our children as animals. Let us go and educate our people in the rural areas because there are people who have never heard this, some who are ignorant and others who do not see anything wrong with this custom as the child is theirs and they need to survive. I am urging this august
House to go ahead and preach this issue so that the whole country gets to know that our children need to be given a chance to grow. Those in polygamous marriages are forced to give their children away in marriage because of the hard times. Yes, they have done it but we should go back and educate our friends and relatives to regard our children as children. We should love our children, let them mature to such a stage that they know why they are getting married. Thank you Mr. President.
HON. SEN. MASUKU: I move that the debate do now adjourn.
HON. SEN. GOTO: I second.
Motion put and agreed to.
Debate to Resume: Wednesday, 26th October, 2016.
MOTION
REPORT OF THE DELEGATION TO THE 39TH PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Fifth Order read: Adjourned debate on motion on the Report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary
Forum.
Question again proposed.
HON. SEN. MASUKU: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to Resume: Wednesday, 26th October, 2016.
On the motion of HON. SEN. MASUKU, seconded by HON.
SEN. MARAVA, the House adjourned at Ten Minutes to Five O’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 26th October, 2016
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. DEPUTY PRESIDENT OF THE SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. DEPUTY PRESIDENT OF
THE SENATE
2016 PRE-BUDGET SEMINAR
THE HON. DEPUTY PRESIDENT OF THE SENATE: I have
to inform the Senate that the Annual Pre-Budget Seminar will be held at the Zimbabwe International Trade Fair Grounds from 2nd November, 2016 to 6th November, 2016. Departure from Harare will be on 2nd
November, 2016, returning on 6th November, 2016. The flight from Harare on 2nd November, 2016 will depart at 1830 hours, arriving in Bulawayo at 1915 hours. On 6th November, 2016, the flight will leave
Bulawayo at 0815 hours, arriving in Harare at 0900 hours.
Senators are reminded that only members from the following provinces will travel by air: Harare, Mashonaland East, Mashonaland West, Mashonaland Central and Manicaland.
INVITATION TO THE COMMEMORATION OF THE
INTERNATIONAL DAY OF THE GIRL CHILD
THE HON. DEPUTY PRESIDENT OF THE SENATE: I also
wish to inform the House that all Senators are invited to the commemoration of the International Day of the Girl Child and national launch of the ‘He for She’ campaign to be held on 27th October, 2016 at the National City Sports Centre. The programme starts at 0830 hours and His Excellency, the President of the Republic of Zimbabwe will be the Guest of Honour.
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 DEFENCE (HON. DR. SEKERAMAYI):
I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 27th October, 2016.
MOTION
FOOD SECURITY AND NUTRITION CHALLENGES
Second Order read: Adjourned debate on motion on malnutrition among urban and rural communities.
Question again proposed.
HON. SEN. D.T. KHUMALO: I move that the debate do now
adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 27th October, 2016.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON GENDER
AND DEVELOPMENT ON THE STATUS OF CHILDREN’S HOMES
Third Order read: Adjourned debate on the First Report of the
Thematic Committee on Gender and Development on the Status of
Children’s Homes.
Question again proposed.
*HON. SEN. SHIRI: Thank you Mr. President for giving me the chance to make my contribution on this motion. I would like to thank
Hon. Senator Makore for introducing the motion. I am also grateful that Parliament gave us the chance to go on an outreach programme whereby we made investigations in these orphanages.
Some of the orphans are picked when they have been thrown away by their parents. During our visits, we discovered a lot of things which are going on in these homes. As far as we know, children are a gift from God. They do not select a parent who gives birth to them but they just come. We have realised that some of the children who are picked up from the streets will have been thrown away by their parents. The mothers would have been tormented because the fathers would have denied paternity and cannot take care of them.
When we got to the Matthew Rusike Children’s Home, we were very much impressed by what was going on and we realised that unlike what happens in other institutions whereby the inmates stay in a hall, they live in family units just like they do in normal homes with fathers, mothers, brothers and sisters. The parents are also responsible for their upkeep and just like what we do in our homes, they train them to engage in domestic chores. We realise that some of these children in orphanages are often tormented by the way they stay in these homes whereby they stay in clusters but with the Mathew Rusike, it is really a home situation just like we have a kitchen, dining room and a bedroom. They also sit down as families just like what we do in the homes and they share the house chores. The families are small; some have three, four or five children. Whenever children had problems or something to share, they would sit down with their parents and talk about what they are facing.
We were very much impressed when the administrators of Mathew Rusike told us that one of their girls got married and had a white wedding. When we asked about the Shona culture of paying lobola, they said they do that at the home. The lobola was paid as a donation to the institution. It is very impressive to say that these children after leaving the home, they still come back. It means they have a good reflection of what they benefited from this home. We also discovered that in this home there were some disabled children and yet in normal homes, some parents reject these disabled children but in this home, they were part of these families; they were integrated.
Mr. President, we later visited the Chirinda orphanage in Chipinge.
We beg the Minister of Public Service, Labour and Social Services, Hon. Mupfumira to carry out investigations on the management and administration of the Chirinda home. We discovered that there was lack of supervision; there was shortage of food. People in Chirinda home have a chance to benefit from many well wishers and we also wish the Minister could take steps for supporting this home. The situation is so dire; there is no food, blankets and there is no care.
Mr. President, when we asked how the children were brought up, we were told that the children who leave Chirinda home, leave with a bitter mind. They are bitter people and they become bitter to the society because of the treatment which they receive. We know that we have many children raised even in the homes such as Jairos Jiri, some have this bitterness but bitterness emanates from the way they are brought up simply because some of these care givers are not trained in the upbringing of such institutions. We have donors who come and donate to these homes, some of the donations include even new clothes but the care givers would rather take the new items to their homes and replace them with old ones in their homes.
We realise that whosoever establish these homes had the poor children at heart and some of these founders have since passed on. We now have care givers who are coming not to help these youngsters but will be asking themselves of benefits derived from such homes. That is why they do not appreciate the situation of these children. We have realised that in such homes, there is need for a balance of male and female workers because they will take care of the needs of these youngsters. If it is a girl who has something to share, she would rather approach a lady care giver. If it is a boy, he will prefer to give responsibility to the male care giver. If you have children sharing a home when they are of different ages, that is what creates bitterness. There are five children who are nearly of the same age who cannot take care of themselves. They cannot make decisions and hence we are calling for the Department of Social Services to take intervention measures and assist these children.
We also visited some homes in Bulawayo and we were impressed because these children were living in a normal home situation where there is a father, mother and the siblings. These orphans do not have their own schools set aside for orphanages but they mix with other children within the neighbourhood, hence they have that stigma of being labelled children from orphanages and some of them are called vana chanhongwa.
We urge members of the Social Welfare to assist these children in acquiring birth certificates because whenever there are activities to be undertaken at those schools, the orphans cannot take part because they lack these documents such as birth certificates. We also found that there is a reformatory home in Kadoma which is meant to correct delinquency but we were told that these children are now running a very fruitful and profitable farming project. Their main problem is water. If they could have access to adequate water, they would produce enough for themselves and even feed others because they are at the prime of their age - between 18 and 20 years whereby they have enough energy to carry out some of these farming chores.
We also want these youngsters to be given other professions besides farming like computers, motor mechanics, dress making and all those professions which might be of some help in their future. We also wish if these children could be given a chance to partake in sports because they may be future sport people. Yes, we do agree that they are delinquents but they have been in a reformatory in order that they live a normal life in that place. We also wish that the community in which we find these homes could be part of the management of these homes. We were told that some of these children in these orphanages, when they attain the age of 18, they are discharged from these homes because the law of the country states that anybody who is 18 has reached the age of majority, hence should move out of the homes and create space for others. What we know is that these children come into these homes as infants and by the time they attain 18 they have not acquired any skill. What then happens is the care givers and the administrators in these homes are always reminding these inmates that they will soon be attaining 18 years of age and therefore should be prepared to be discharged from the homes. What we know is that these children were picked up from the streets or some other places and do not have a home which they can go back to, apart from these institutions.
Hence, when these children are discharged they go into the streets and become street people and these are the people who end up being abused because they have been put into the street no home, parents, father or guardian. As the law makers, may we please make some legislation whereby these children should be taken care of even after the age of 18 and only be released after they have acquired some special skills or received education for a living?
We also realised that as women, in Zimbabwe we have a higher population. Women are 52% of the population and we should spread this education, telling people not to throw away the newly born infants. It is not right, regardless of whether this orphan grows up to be a successful person or not, there is still that stigma behind him that I am somebody who was picked up from the street or from the toilet and I have no relative to relate to. We need as people in the neighborhood and as members of the legislative body to go to these orphanages and adopt them so that they live in a homely environment and have a feel of what really life has in future.
I am pleading with us Hon. Members let us visit these orphanages within our neighborhood so that we may correct the problems faced by these homes. Like what we discovered in these homes whereby some of the caregivers actually loot donations. We came to a place whereby we met some twins who were in Gweru. They ended up assaulting one of the caregivers. When we made investigations on what had happened, these children were bitter because of the ill treatment they were receiving in these homes.
We have noticed that most of these homes are run by NGOs such as the churches. We beg and plead with them to hold interviews with potential caregivers to check on their background and their characters - whether they are people who are able to take care of these orphans in these orphanages. This is because when they go without enough training or without the need for the care of these children, they bring up future people who are full of bitterness and carry grudges against society, that is why I am saying as the legislators, one of our roles is to make laws.
We should therefore enact some laws which are aimed at correcting the imbalances in these orphanages. I thank you.
*HON. SEN. MARAVA: Thank you Mr. President, for giving me an opportunity to make my contribution in this important motion which was introduced by Hon. Sen. Makore. This really is an emotional issue and we need to make contributions on the running of these homes.
Mr. President, we should be aware of the fact that the place of residence for a child creates the future for this child. Where the child sleeps is a lesson which is aimed at the future of that child. We have been told by the Hon. Members who visited these homes that some of these homes are poorly run. We even have an instance whereby members had to make a donation of the bananas which they were supposed to eat but because of the situation which was prevailing at that home, members had to donate the bananas.
We should know that when these Committees are moving around the country, they are reporters who take the news and the international world is aware of what is happening in these homes. It is quite a shame to our country, Zimbabwe. As Hon. Members of this august House we should tell the truth about what we discovered in these homes and we should not sweep these problems under the carpet. What we now need to do is to look for a solution to solve these problems. We need an answer, we need solutions to the problems faced by these homes and we need to really make a thorough inspection of these homes because we need to weed out all these problems.
When we look at these children’s homes, the majority of the homes which have this sorry and deplorable situation are in the rural areas. When the Committee visited some of these homes, they told us that they had a place where they had launch. I can guess that this was an orphanage in the urban area. What we need to do is what is called bringing balance. We need to look at places where we could start by giving assistance and using this balance system, the first priority should be given to the rural areas.
We need to apply the original answer, which is that orphans have been with us for a long time. We also know that widows have been with us since time immemorial. The sick have been in this world since time immemorial, but in our culture there was a response in assisting these people and it is the chiefs who assisted in these places. Chiefs were responsible for taking care of these orphans and widows. So what I am implying is that the traditional leaders should be involved in the running of these homes. This is not happening, that is why we now have more thieves, criminals and yet in the past we did not have these prisons because the chiefs had everything under their finger tips. Whenever anybody committed a crime, it was a criminal punishment and then they would have no problems because nobody wanted to be involved in committing these crimes. We also notice that these homes should be put under the chiefs such as Hon. Sen. Chief Rimbi or Chief Mapungwana.
However, the chief in that area is not aware of the going on in that home, so what I am advocating for is that this is a 100% traditional case and therefore, there should be the involvement of traditional leaders. Our biggest problem is that we are modernizing our culture at the expense of our living. My suggestion and solution to this problem is with us. You are saying the chiefs have the role of taking care of people in their areas through communal operations. The chief should take care of the widows, widowers, orphans, the disabled and the sick. Assistance to these people should come through the chiefs. We know we have some people who are afraid of giving the chiefs their responsibilities because they feel they will be in the background, yet when we are talking of development, we should not be afraid of losing our limelight while people will be benefiting.
Why should children in these orphanages suffer? I think we have a solution to this. We have visited these homes in Chirinda but we did not visit Chief Chirinda and we wonder what will be going on. We need to look deeply into this problem. If there is a committee running the orphanage home in that area, it should be reporting to the chief. The parents dumped most of the children at the homes and it is taboo. We need to look at the problems that we have and find proper solutions to them.
*HON. SEN. CHIEF CHARUMBIRA: Thank you Mr.
President. I would like to make my contribution regarding what is going on in these orphanages. I am so happy because I am making my contribution after I have heard contributions of members who have spoken before me. Let me say that they are echoing what is in my mind, Hon. Sen. Marava and Hon. Sen. Shiri. What they were saying is very true. We heard that when this Committee visited these homes, at one home they found that there was starvation. When the homes took in these children, the idea was for them to have a life and future but what has since happened is that the caregivers are now facing problems of resources to run these homes in a proper manner.
We also expect Government to come and assist in these homes through the Ministry of Public Service, Labour and Social Services. We know there are no funds coming to these homes because Treasury has no money.
In the past, the Department of Social Welfare used to give help to deserving cases such as the disabled and visually impaired. They received what was due at the end of every month. As of now, I have realised that people in my constituency are no longer receiving any assistance because there is no money.
These people, after failing to access their allocations, come to the chief to ask for assistance and I end up pumping out some donations to them. The Social Welfare Department is there to assist by giving help to the vulnerable and not replace our cultural norms and values. We have always been taking care of the disabled within our homes. Therefore, I am urging the Committee that whatever we believe in – as our culture, and Government has introduced some form of donations, let us not abandon our culture because when that fund runs dry, they will go back to the chiefs and ask for assistance.
We need to root cause analysis on origins of these orphans, where do they come from and what makes these parents throw away their newly born babies. We can start there and we also have psychologists and psychiatrists and other people involved who can investigate the reasons for having these children who are picked up from the streets, yet they have parents. This is taboo and is not supposed to be happening, hence my call that we need to investigate why we have this. I know there could be more involved to it. Of course, we have situations whereby some of these children who come to these places come from their homes, like the street kids these days and we wonder why they are doing that. They are picked up and put in the homes.
As a chief, I attend many services conducted by other churches. I am a Seventh Day Adventist and I remember in one sermon, the Pope preached about the family and he put emphasis on the importance of the family and said the family was the sanctuary of life. Whenever an individual has a problem, the first port of call is the family. The first clinical doctor is your family. When those people are about to die, no matter how rich they are, they go to members of their families with their problems. I am saying we should be looking at the reasons why families are being destroyed and why the divorce?
We have noticed that the reason some people dump their babies is that their families would have let them down and they have nowhere to get assistance with the newly born infant. In the past, whenever you had a problem with your children, you would go to your uncles and aunts and they would give assistance in the upbringing of that child. We need to look at it as Parliament.
You have said traditional leaders should be empowered because we have heard of these communal works which were done by the chiefs – Zunde Ramambo. It was the one which was acting in the place of these orphanages yet it was running the homes which were taking care of the widows, the widowers and the sick.
However, some people do not understand this role. We noticed that whenever the academics are taking their degree programmes, especially at Masters level, like when they are studying about investigations in the children, they take their Masters using literature from abroad; hence it cannot be implemented in the situation of Zimbabwe. When we ask this person to implement what he would have learnt, he would be carrying out what he had during the studies in
Europe.
When you make investigations on the background of these academics who are occupying these positions, they would have studied a book by John Smith when he was in the United States of America or United Kingdom. They then came to Zimbabwe saying they are educated but the background they are using is not Zimbabwean but foreign. They believe that what they learnt from abroad to be the best. When you tell them about the Zimbabwean culture, they will tell you that it is a backward culture, we need to move with the times. When we talk of education, if somebody has been educated in Charumbira or Gwanda as far as people talk of intelligence, they say Western education is the best. As a result, when the colonialists came into this country, they started by destroying our culture saying anything that is cultural is pagan. Those of the Roman Catholic Church came in 1961 and 1962 because when the whites came, the missionaries also came. They said we cannot play traditional drums, it is diabolic; they wanted us to play the Piano.
As a result, even when we talk about indigenisation, if you are not empowered; we need to be empowered culturally and you would find we can develop through indigenisation. Most importantly, we have to be empowered in the way we think as Africans. As a result, when we talk of empowerment, we need to have that cultural background. If you lack that background, even if your project is funded, you will end up abusing that fund because you were not cultured. We need to look for ways of solving the problems in these orphanages. My suggestion is that let us not use the Western ways of solving our problems but let us look at the cultural way. We may look at the way these homes were established. Before they were established, what was happening, how were the orphans and the widows taken care of? This will help us solve our problems.
We also have more churches now than in the past. In the 1980’s, we had people who did not belong to any church. However, nowadays almost everyone of us has a church yet, people are committing more sins and that is what worries me. In the past, people used to attend these services, one day a week like on Sunday and on Sabbath day. Now, because of the proliferation of churches, we have church services everyday yet people are becoming sinners in their multitude. What has gone wrong, what should we do? As Members of this Committee, we need to study and establish what is happening in other countries so that we can have a comparison on these homes.
As far as I am concerned, I do not think in Islamic country or
Arabic countries, we have children’s homes. You will not get this in an Islamic society because they have a tight and strict culture of Islam which is followed, hence there is no baby dumping. We have lost our culture, norms and values. As a result, when a woman gives birth to a child, she is prepared to dump that baby in a toilet or dustbin, wrapped in a plastic. We need to investigate where the problem is coming from.
We need to investigate and not just start by talking of orphanages.
We have established days which we commemorate such as the Girl Child Day. One of the problems which has made us to establish this day; I debated this with the Minister of Gender, talking about the day of the Girl Child. The girl child gets impregnated, the man is just let go free and is not punished and yet society will blame the girl child. When that young man has denied paternity, that baby girl will be desperate and hence, end up dumping that child. As Parliament, we need to put in place some legislation which will also punish young men who impregnate these girls. I remember in one of my courts, there was a young man who was saying I slept with the girl on the 6th of November. I came from South Africa on the 3rd November yet you are saying I am responsible for this pregnancy when I only slept with the girl once. So, how can I impregnate somebody by sleeping with her just once? Hence, we need to look into this issue closely.
Talking of the Arabs, when they see you standing with their sisters, they will point a gun at you or even just shoot you. Their culture justifies that because they would want to know what you were doing with that girl. They know if they let you go free, when you then impregnate the girls you will deny paternity and that girl ends up dumping the child. I thank you.
*HON. SEN. MAWIRE: Thank you Mr. President for affording
me the opportunity to add my voice on this issue which was raised by Hon. Makore and the seconder. This is a very important issue, I am not part of the Committee but I want to thank them, starting with the Chairperson and the other Members whom they travelled with, for remembering the orphanage. We have heard what was being articulated by all those who travelled with this Committee.
I am not going to say a lot because it has already been said. How I view this issue is the way these orphanages are instituted; some of them are just run-away children because of poverty, especially the Chirinda Home. I am just appealing to the Government that through the Ministry of Public Service and Social Welfare which is headed by Minister Mupfumira, that all the people should be investigated, all the institutions, whether church run or other organisations that when they take these children and group them in these homes, we are only looking at concentrating on big institutions, but there are also small institutions. I came across an institution in Seke where this lady is now looking after orphans and there are children who are being looked after by this lady. There is also another homestead in one of the villages. When I look at these villages, I can rightly say some of them just want to make money out of it. They lure donors to support them so that they will benefit from the proceeds from well-wishers.
The Ministry should vet all the people who want to engage in this business. I am sorry that I have pointed to an Hon. Senator who is in this House. These people should be vetted thoroughly to see whether they are capable and have the resources to look after these children. They should also look at the conditions which these children will be subjected to. If they pass, they should be given a go ahead. We see that we are starting our own small businesses and later on, they become a burden to the Government. We have heard a lot of speakers blaming the
Government on the issue of these institutions on how these children are being looked after.
I want to support Hon. Sen. Marava when he pointed to our culture and referred to chiefs. It is true that our chiefs should be given all their powers in full. They should preside over these issues in their courts. When I was married in Hwedza in 1984, I came across an issue involving Dr. Chemuguri but that was his father’s name. What happened is that when he was born, his mother dumped him. He was picked by head boys. They rescued him and took him to the chiefs. The chiefs gathered the elders and they rescued the child from that anthill. The chief was the one who looked after him. When he came back, he built a homestead for that chief and also built a school out of the country.
The chief solved that issue by gathering all his subjects and enquired as to who had done such an abominable deed of dumping a child. All the people pointed to a certain girl in the community whom people had seen pregnant, but was no longer pregnant. When the girl was quizzed about that, she agreed. What we are doing these days by adopting the white man’s culture is not right. I think we should look at these issues from a cultural perspective by giving our chiefs all their powers so that they preside in their courts.
There are some issues which are being taken to our courts which should not go there. They should be presided locally by our chiefs. We should preserve our culture as Zimbabweans and Africans. When you go to South Africa and Botswana, they have their own culture. Here in Zimbabwe, we want to infuse all these foreign cultures.
We have heard from the President of the chiefs’ council when he was saying all our children when they go out to learn, they are bringing in these foreign cultures. As Government, we are weak when it comes to that. We listen to them and accept what they bring in forgetting that we also have our own culture which we should preserve as African people.
So, I am pleading with the Ministry of Public Service, Labour and Social Services to vet all the people. I also heard that these children graduate after 18 years because they will not be accommodated in these orphanages.
If you look at Government policies when we have orphans in our midst, maybe it is the father who remains with the children and if there is pension, we find that at 18 years, the child is no longer benefitting. So, I think our Ministry of Public Service, Labour and Social Welfare together with the Ministry of Youth Development, Indigenisation and Empowerment should also revisit these homes where these children are being accommodated. They should also assess especially the groups that will be graduating so that they will be placed in these vocational training centres so that we teach them life skills.
We heard our President who was saying that even if you acquire your degrees without any theory, it does not help us because we have people who cannot use their hands or minds to come up with innovations. We have heard about empowerment. Empowering a person is not just giving them money, but when we take these graduates from these institutions, they should be grouped. This is because they should be given capital so that they start projects. We know that death is God’s design. So we should not blame these institutions when they let all those children to graduate because we are throwing these children away.
The Government should take these children and give them projects to do. What I am gathering from those who learn is that the things that are being donated to these homes are being taken by the people who are working there. So, we see that there are weaknesses in Government where the staff in the institutions is benefitting from donations that are given to these institutions. We are pleading that the law should be followed that when institutions have been found that they are not able to look after these children, they should be abolished.
The Government should be burdened with children who are in good institutions. So, I just wanted to add my voice. I have heard that some have got land and so, they should be given irrigation so that they engage in farming. So, Mr. President, I want to say that what I have said is enough. I want to give a chance to others. Thank you.
*HON. SEN. MACHINGAIFA: Thank you Mr. President for
giving me the chance to make my contribution. I would like to support this motion which has been moved in this House regarding the orphanages and the state of the children. The Committee came across some very bad and some other pleasing situations in these homes. We do realise that these homes exist in our country and the founders of these homes have the welfare of the orphanages at heart. However, as time goes on, these founders die and there are people who take over the running of these homes. When they do this, they do it for their own benefit, hence they mishandle such homes.
I remember I became an acting chief when my father passed on. There was a couple who came to us and said they wanted to take care of orphans in our area of jurisdiction. When I asked them where they would get food and clothing to support the children, they said they were going to source for support from donations. I gave them an ultimatum that for the next six months, you should feed children in a certain school and I will be assured that you are people who can take care of orphans.
We do realise that some of the people who run these homes, take them for fundraising. They take photographs and create profile pictures which are taken to donors, some of whom are overseas. When the donations are sent to these homes, the care givers take advantage. They loot and benefit through corrupt means and take them instead of letting them benefit the children.
My advice is, whosoever wants to be employed as a caregiver should take an oath of allegiance so that they work on their pledge that they will support these children whole-heartedly. I also urge the Ministry to hold ad hoc inspections so that they look at the welfare of these children. When we are seeking for donations for food or clothes, we have some members who would move from shop to shop or village to village sourcing for these goods.
We also have Government farms which also used to give donations and these people would be given a portion which would assist these orphanages. As a result, we need to follow some of these traditions because if you do not follow them, we will have some people who would use the orphanages for their own benefit. We may also have a problem in that some of the children may be involved in child trafficking because nobody knows how many children they are or where there go.
I am also saying traditional leaders need to be involved because I have heard that the members of the Committee visited the orphanage but did not visit the chiefs in the area. I also heard that they visited Matthew Rusike Children’s Home but did not inspect the Donations Register. It would have been worthwhile that they inspected the Donations Register in order to know those who donated and those who benefited from that donation.
We are also advocating that in these orphanages, children should be empowered by giving some skills which will enable them to take care of themselves when they attain the age of 18 and leave the orphanage. They would benefit from the skills which they have acquired. When we look at our cultures, in the United States, somebody who is called a cowboy is somebody who is held in high esteem. He fights with cattle rustlers. Some of them have even become presidents and yet in our country, a herd boy is somebody who is held to a very low esteem. Let us empower children in these orphanages so that they can take care of themselves after attaining the age of 18.
Again, we need to establish how these orphanages were founded. When donations come, there should be a record of who brought them, how much were they and how they benefited the children. We need to make a follow up on these donors so that we ask for more donations from them. We even have some singers who use the names of these homes to collect funds. These singers should donate part of the funds to the orphanages. They should pledge part of their gate takings to orphanages in their areas.
We talked to people who work for the Social Welfare department. They are blaming members of the public because they are giving donations to children in the streets. They give them money and food, hence if you want to take this child to an orphanage, they will never feel settled because they are used to receiving money. So, let us work on our legislation and go back to our culture which will help us take care of our children. We are talking of our culture and we should give our chiefs their rightful place. We know in our culture, we live a communal life.
Whatever problem that befalls on one, it is everybody’s problem.
Hence, when we have taken these children to orphanages and put them under the traditional chiefs, the children will be taken care of.
We also need to look into our culture. When youngsters are in love, they should not indulge in sex. When they indulge in sex, they end up with babies who they then dump in filthy places. We need to give this advice to the youngsters that love does not mean sexual intercourse but we need to prepare for the future.
HON. SEN. MAKORE: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 27th October, 2016.
MOTION
SECOND REPORT OF THE THEMATIC COMMITTEE ON
GENDER AND DEVELOPMENT ON EARLY CHILD MARRIAGES
Fourth Order read: Adjourned debate on motion on the Second
Report of the Thematic Committee on Gender and Development on
Early Child Marriages.
Question again proposed.
HON. SEN. MAKORE: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 27th October, 2016.
MOTION
REPORT OF THE DELEGATION TO THE 39TH PLENARY
ASSEMBLY OF THE SADC PARLIAMENTARY FORUM
Fifth Order read: Adjourned debate on motion on the Report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum.
Question again proposed.
HON. SEN. TAWENGWA: I move that the debate do now
adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Thursday, 27th October, 2016.
On the motion of SENATOR TAWENGWA seconded by SENATOR MARAVA, the Senate adjourned at Eighteen Minutes to
Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 27th October, 2016
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE SENATE in the Chair)
MOTION
FOOD SECURITY AND NUTRITION CHALLENGES
First Order read: Adjourned debate on motion on malnutrition among urban and rural communities.
Question again proposed.
SENATOR D.T. KHUMALO: Thank you Madam President for
giving me this opportunity to thank the august House for debating my motion. I may list your names: Hon. Sen. Makore, Hon. Sen. Ndhlovu, Hon. Sen. Goto, Hon. Sen. Timveos, Hon. Sen. Marava, Hon. Sen.
Bhobho, Hon. Sen. Juba, Hon. Sen. Mawire, Hon. Sen. Shiri, Hon. Sen.
Machingaifa and Hon. Sen. Chief Musarurwa. Thank you very much for debating my motion.
I would really like to thank you for the contributions because I would like us as Members of Parliament to recommend for adoption of the motion. We brought the issue of the information. We need information on nutrition to be available to all of us so that we can be able to discuss nutrition issues when we go out and do our job. So, we are requesting that the Ministry make the information available to us so that we are part of the discussions. In our deliberations, we requested that while we are being given inputs for maize and small grains, we also request that other varieties we be given the information on how to supplement the maize and small grains. This is because these grains would still continue giving us the malnutrition among children and also adults who do not know how to eat. So we are really thankful for being given the opportunity to discuss this motion. We are therefore recommending that the Ministry should come and inform us at the beginning of the Session on what nutrition is. I know two of my friends who have become diabetic and they have a problem of high blood pressure, it is because people do not know what to eat and what not to eat. So, the Nutrition department should come and give us information so that we know the best foods to take and avoid some of these preventable diseases.
Madam President, the Nutrition department or the President’s
Office is working on a programme on nutrition which is called the Sun Movement Programme. It talks about the issues of 1000 days, we need to know about these 1 000 days so that as Members of Parliament we can go and talk about them. Madam President, I believe this motion was a very good motion. I move that the motion be adopted:
That this House:
NOTING that the first cluster in ZIM ASSET is food security and nutrition and addresses challenges of food insecurity and under nourishment;
CONCERNED that despite Government efforts to prioritise its programmes and projects to address the country’s economic challenges, malnutrition is taking its toll among the urban and rural communities.
FURTHER CONCERNED that children of school going age are
the most vulnerable as they easily fall victim to starvation thereby impacting negatively on their ability to effectively comprehend their lessons, a situation which creates nightmares for teachers;
COGNISANT that poor nutrition affects health of individuals and communities and retards economic growth and health standards;
ALARMED by lack of awareness on basic nutrition, even among leaders who do not appreciate the consequences of undernourishment in economic development;
NOW, THEREFORE, resolves that Government provides adequate information to community leaders including Members of Parliament on how to reduce incidents of malnutrition among children and adults in the country.
Motion put and adopted.
HON. SEN. MARAVA: Madam President, now that the
Ministers are here, can you not be kind enough and let the House revert to Oral Answers to Questions Without Notice.
HON. SEN. CHIPANGA: I second.
THE HON. PRESIDENT OF THE SENATE: Hon. Sen.
Marava, we had a Minister in here, no one showed an interest in posing any question. So, I do not see any reason why we should go back only to come back to Order No. 2 again. Anyway, it is always good to be fair and the wishes of the Senators are my command, so we will adjourn this and go back to Oral Answers to Questions Without Notice – [HON. SENATORS: Hear, hear] – Thank you Ministers for obliging.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. SEN. MARAVA: Madam President, my question is
directed to the Minister of Sport and Recreation, Hon. Hlongwane.
Zimbabwe is experiencing a lot of talent as regards to sport, especially in rural areas, there are a lot of talents out there. Do you have any programmes that are tangible and visible on the ground to tape this talent in rural Zimbabwe? Thank you.
THE MINISTER OF SPORT AND RECREATION (HON.
HLONGWANE): Thank you Madam President and many thanks to Hon. Sen. Marava for this very important question. Madam President,
Cabinet did pass the National Sports and Recreation Policy in August. Provided for in that policy is decentralisation, devolution and changing of a narrative of how sport and recreation are structured in our country. The consisting reality right now is that pre-independence sport and recreation structures have not been boldly challenged to migrate away from that set up to a more democratic dispensation that is inclusive of the huge constituents of talents that resides within our communal areas.
As a result of the passing of the National Sports and Recreation Policy and as part of the implementation process of that policy, we have developed in the month of September what we call the sport and recreation club system; that is to standardise the organisation of sport and recreation across the country. The process is currently going on throughout the country in all the districts and the process is to introduce organised sport the micro level of Government planning, which is the ward.
To decompose that further, what it means is that we have identified 20 out the 60 sport codes. We have identified 21 priority sport codes that we said, if we could introduce these throughout the country in an organised fashion and change the status quo where only organised sport is only present at the national level or at elite level and devolve it to the community structures. We will go a long way in unlocking the talent that resides within our communities.
As we speak right now, there is a process that is underway of implementing the community sport and recreation club system for cricket, football, rugby, hockey, tennis and so forth. The community club system means that working with community leaders in each ward, you are going to be seeing sports structures being put in place for various sports codes, the 21 that I have alluded to. That means they have a Constitution that is in place, they are organised by way of an election but most crucially, they are then registered by their National Association so that they get a licence to be recognized as a club that is a legal entity that has legal life and is allowed to function within our country as blessed by the National Federation. What that is going to do is that not only is it going to unleash the talent that resides in our communities which your utmost concern onto the national stage, regional stage as well as global stage.
We have also provided for a mechanism to career that talent from the community structures all the way to the National Youth Games. This is done introducing a competition structure that does not leak the best talent that we have at each tier from the best of the pyramid to the district, Province and all the way to the national level. Also, what it is going to do it is going to stimulate an economy of grassroots sport. For example, in respect of football those elite clubs the 16 that we have that are in the Premier League can no longer go to the rural areas and pick an individual and say you have been awarded a contract and therefore, you should come and play. They have to purchase that player follow the rules that are laid out by ZIFA, FIFA and so on and provide money to that club. So, whether we are talking about the vertical transaction or we are talking of the horizontal transaction in other words inter community club transactions, it will involve money. Beyond that, the umpires the referees and all the technical officials are going to be trained by their National Federations. That immediately begins to stimulate a large employment base for grassroots sport.
So, I want to assure the Hon. Senator in the House that we are doing something about that and certainly once the programme has been concluded, sometime we hope before the end of this year, we should be able to have a vibrant sport structure at the base of the pyramid in community structures to enable that talent o be funneled through so that it is able to participate in elite sport. I thank you. –[HON. SENATORS:
Hear, hear.]-
HON. SEN. SHIRI: Thank you Madam President. Hon. Minister
may you shed more light on how inclusive the policy is in regard to persons with disabilities?
HON. HLONGWANE: Thank you Madam President and thank
you Hon. Member. The policy is very inclusive, in fact and it has a whole section that speaks to equity and inclusion. Under the aspect of equity and inclusion we speak a lot in elaborate terms. We speak to disability sport or paralympic sport as it is known.
How to mainstream paralympic sport into mainstream of sport and recreation structures within our country, that is clearly provided for. Also we speak - whilst we are there, around paralympic sport-we talk of issues to do with access, our infrastructures enabling disabled athletes to be able to participate in our sport and recreation activities. That is being addressed in the policy with an anticipatory view of saying, going forward, all infrastructures that are being built by the Government and local authorities and mines and so forth, should address the whole question of how to enable disabled athletes to access the infrastructures.
Apart from that, in that same thematic area of equity and inclusion we also speak about the involvement of women or the integration of women into mainstream sport and recreation structures. What is very clear right now which is contemporary is that our country seems to be doing very well on the back of the participation of women, to the extent almost, of redefining the contours of sports and recreation in our country around the issue of women participating as a comparative advantage area.
I am talking here about Kirsty Coventry who is a multiple medalist at the Olympics. I am talking here about the fact that for netball we are the current Africa gold medalist. I am also talking here about the famed Mighty Warriors who have done well to participate at the
Olympics which is at the highest level of participation by any athlete. Beyond that we have also qualified to the African finals for women football which they participating next month in Cameroon. I am talking here about the National Hockey team which has qualified to the World
Cup in Chile in the middle of next month.
I can go on the list, so women are doing very well and that is almost defining itself as an area of comparative advantage.
So, I want you to know that it is Government focus and policy that clearly we need to promote equity and inclusion to the extent it speaks to women involvement and participation as well as paralympic sport. I thank you. –[HON. SENATORS: Hear, hear.]-
HON. SEN. MASHAVAKURE: Madam President, my issue has
been taken by others.
HON. SEN. CHIPANGA: Thank you Madam President. My
question is directed to the Deputy Minister of Industry and Commerce. Quite a number of months ago, there was a lot of talk about Statutory Instrument no. 64 I think it was. How successful has that been up to date? We would also want to know how the local industry has responded after the temporary ban of the items which we think are readily available in this country. Also, how have our trading partners responded to our temporary measures to ensure that our industry takes off?
THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE (HON. MABUWA): Thank you Madam President. I
would like to thank the Hon. Sen. for the question regarding the impact of Statutory Instrument no. 64 since it was deployed, the impact to industry and trade. Firstly, I will touch on the impact to industry. As far as our monitoring is concerned we have on record some industries that have been able to increase the capacity utilisation as a result of the control measures that saw the introduction not only of Statutory Instrument no 64, but also of other Statutory Instruments that have come in support of these control measures of imports.
So, there is capacity utilisation increase in specific industries and also, we have seen with interest that there has been keen interest by investors to move to want to come into the country and establish the industries that have been importing into Zimbabwe. This has been of course influenced by the control measures of imports and it has also been influenced by and large by the agreements that we get into, specifically sitting the Tripartite Free Trade Area Agreement that we have gotten into as three parties: SADC, COMESA and the EAC. That alone-the Tripartite Free Trade Area is exposing our companies in all the participating member states to a US$640 million there about market, as compared to a smaller market like that of ours which is around US$14 million if you want in Zimbabwe here. Having a company established here in Zimbabwe would naturally make that Zimbabwean company benefit from the market share for Zimbabwe in the tripartite agreement as it were.
So, companies are taking heed and establishing themselves. I might want to cite three companies that are coming in now. We have a company as a result that has moved into establishing itself in Mutare. When we introduced control measures in the importation of cooking oil, for example, there was cooking oil which was very common here in Zimbabwe called Delite. You see that it is not in the shelves now because it is manufactured from South Africa, but we are going to be seeing a US$45 million plant being completed. It is in its advanced stages now in Mutare and it will be manufactured and seeing its way into the shelves here in Zimbabwe. That is what it is about - capacity utilisation and space occupation. PEPSI Cola is also coming in and another company from Zambia and I am talking of investments of more than $35 million each. Investments coming in from Zambia, for the company that makes soap powder and paste soaps as well as bathing soap.
Let me hasten to say that there are some challenges coming with that. While we are seeing increased capacity utilisation, on the negative side of it, we see that there are constraints in the industry, especially in accessing funds to be able to recapitalise. We have not yet been able to establish or to have our industries being able to access reasonable money that is not deterrently expensive for them to be able to recapitalise. Therefore, the recapitalisation rate is quite slow. That is it on the challenges we are currently facing as a result of the control measures.
Overally, the positives are more than the challenges that we are facing.
Regarding the issues of trade, we find that most businesses, especially the small-scale traders, had their operations somehow affected depending on the products that they were bringing in. We have been able to engage and we are continuing to engage them in making sure that we inform them of alternatives. The alternatives being basically, getting to those items that Zimbabwe is not yet able to produce so that they just shift their trading lines to trade on those lines that we are not yet able to produce. Secondly, which is more sustainable, is to influence them into wanting to get more into production than into trading.
HON. SEN. MAKORE: I am directing my question to the Minister of Transport and Infrastructural Development, Dr. Gumbo, we have heard of a very necessary development of the Chirundu-Beitbridge road. Could you be in a position to inform this House how far you have gone with the relevant preparations for the particular road?
THE MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO):
Firstly, let me thank you Madam President and the Hon. Senators and say that we enjoy coming to this House because there is sanity. The members here, unless you know them, you cannot tell from which political party they belong. That shows a lot of political maturity and focus on the work that we are doing as Members of Parliament.
I will try to give you the information that I did not want to give out at this particular time, but because of the respect that I give to the House, I hope the members will keep the information to themselves –
[Laughter] – It is not a secret that the Beitbridge-Harare-Chirundu road is on the cards. We are now at a very advanced stage. There are processes to be followed in Government before any project can be brought into operation.
We hope to sign the contractual agreement before the end of November and the construction should earnestly begin at the beginning of the year on this road. Everything is in place for now. The financier and the contractor are ready and what is remaining for now, is processes on our side as Government. I have to bring the documents to Parliament for approval because part of the funding for this road is a loan. As representatives of the people of Zimbabwe, must look at the loan, its conditions and so forth before we start the construction. That is how we are doing it.
If all goes according to plan, the whole stretch of the road from Beitbridge to Chirundu should be completed in two and a half years, because it is segmented into eight segments. There are five segments from Beitbridge to Harare and three segments from Harare to Chirundu. There is a ring road that we usually call Harare Drive, which is a ring road and will be connecting arteries to other provinces like Mashonaland Central, Mashonaland East up to Nyamapanda and Manicaland, as well as Chirundu itself.
What is of interest to Members of Parliament is that we are also negotiating, which we have done successfully, for the 40 percent work on this road to be allocated to locals so that they can benefit from the construction of this road. That is the little I can say, it is now public information, it is no longer a secret. I thank you.
HON. SEN. KHUMALO: Thank you Madam President. I am also going to the Minister of Transport. Why are we not having some flyovers when we are constructing our roads because they reduce congestion? For example, the Beitbridge road, where you are saying it should go through the ring road, why can it not be part of flyovers and not the walkovers that we see? Why are we not having flyovers in Harare, Bulawayo and other places in big cities?
THE MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO):
Whenever it is necessary for us to have a flyover, our engineers can plan to have a flyover like the one we see when going to Mufakose. What we are talking about goes with development. As we look into the future, our engineers are looking at coming up with what we see when we go to Johannesburg or Cape Town. We are quite aware of what you are talking about honourable.
As for now, our first flyover in Harare will be on the Harare International Airport road. When you travel from the Airport and you come down after the roundabout at the Post Office which is in Braeside or thereabout; you proceed coming to Morgan High School; when you get there where we ended, from that point there, we are going to lift the road across town into the intersection of Robert Mugabe and Enterprise Road. So that is the first one you are going to see in town. At this moment, we are already working on the feasibility study to see how much it is going to cost us so that we come up with that flyover.
I take the point and I think as we develop as a country, there is need to be looking at coming up with these flyovers you are referring to.
It is really a good point and we take note of it. Thank you.
HON. SEN. CARTER: Thank you Madam President. My
question is for the Deputy Minister of Lands. I was there at the CFU congress this morning when you answered a question about security of tenure. You talked about, maybe not ‘99’ Year Leases but you said there was a progress being made. Could you please tell this House how far you have gone with regards to the banks in terms of negotiations and communications with them? Are the ‘99’ years leases transferable and bankable or the shorter version that you were talking about.
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETLEMENT (HON. CHIKWAMA): Thank you Hon. Senator
Carter. On the issue of security tenure, especially long term tenure like
‘99’ year lease; we had discussions with the Bankers Association as well as World Bank. We came up with some agreements that the leases should be used as collateral documents. There are some items which need some alterations. The Ministry has now adjusted all the issues which were highlighted by the Bankers Association and the World Bank.
We are now ready to take that document to the Cabinet and Parliament.
I thank you.
HON. SEN. A. SIBANDA: Thank you Madam President. My
question is directed to the Hon. Minister of Mines. What is the Government policy on mining for whoever wants to venture into mining? When I want to venture into mining, do I have to go through the ruling party or ZANU PF? I am saying so because the Hon. Vice
President said so or perhaps the media misquoted him.
THE HON. PRESIDENT OF THE SENATE: Hon. Senator, you
cannot pose a question based on what another person from the Executive said. I wish you could just pose your questions without giving that as a reason. Otherwise you will have to just pose the question to the Vice
President. So, may you ask your question without adding any quotation.
HON. SEN. A. SIBANDA: Thank you Madam President. I withdraw my question.
THE HON. PRESIDENT OF THE SENATE: I do not think that
is what I have asked. You can pose your question without referring to what was said by the Hon. Vice President because he is a member of the Executive as well as the Ministers.
HON. SEN. A. SIBANDA: Hon. Minster, I would like you to tell us more about how to venture into mining. I am one of the members of the six women who want to venture into mining. Do you encourage women to go into mining and do you also assist them?
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. F. MOYO): Thank you Madam President. I
also want to thank you Hon. Senator for the question. Yes, we encourage all citizens to go into mining. We do that through giving them information, resources in the form of training as well as in the form of equipment and support for them to find financial resources from banks.
The Ministry of Mines and Mining Development itself loans out equipment to members who want to go into small scale mining. All these services are provided through our provincial offices. Previously, we did not have representation of the Ministry in provinces but we now have offices in all the eight provinces. The offices are headed by a civil servant who is at the same level as all other Ministries so that when provinces are meeting, there is a head of mining who is equal to the head of Lands, head of Agriculture and Health. So, we are fully represented at provincial level. We are making efforts to decentralise so that we are at district level to ensure that our mining support teams can operate in the same way that extension officers in agriculture are operating.
However, we need to note that the mining industry sector is structured in three ways; the big mines which are multinational companies. Those tend to be reserved by themselves by virtue of the capacity to participate by the big companies. We have the medium size operations where we encourage the entry by Zimbabweans who are already into business, who have got assets for collateral in their participation at that level of mining. We then have the lower rung where the smaller operators are going to participate. We encourage syndicates, which is a group of a minimum of six people and we also encourage cooperatives at that level. Special interest groups are also encouraged at that level, youth, women and disabled people can enter at that point.
We operate together with the Ministry of SME’s to coordinate ourselves so that SME’s with the support of the Mining Ministry can nurture the small miners and grow them to a level where they can then be fully handed over to the Ministry of Mines and Mining Development to operate without benefiting from the funds that Government extends to
SME’s.
At the moment, we do have firm participation from their male counterparts in as far as the groups of syndicates are concerned. The drawback is their ability to access capital funding. They also have challenges in accessing claims because there are certain minerals that small operators cannot participate in. We would not expect more operators to go into platinum, coal and chrome smelting. We expect them to go into gemstones outside diamonds. We expect them to participate in gold and smaller minerals like tantalite because we can have a harvest of one cup and it will give you $200.00.
Those are the sort of minerals where we expect you to participate. If there is interest from Hon. Senators, we try and run an open door policy. I can assure you that my office has got more people than a doctor’s surgery, but I want to pay as much attention to our smaller members of society from a business point of view to come in and inquire through the regions, provinces or directly at our offices. You are welcome. Women are certainly the most productive at the moment. I thank you Madam President.
HON. SEN. CHIPANGA: Thank you Madam President. My
question is directed to the Minister of Industry and Commerce. We are happy to hear that Delight South Africa is coming, Pepsi Cola and some soap making company. The question is, what impact would that have on our local industry? Will it not shut out our traditional soap makers and oil making companies given that the local companies which had virtually gone down are unable to access funds for recapitalisation. I thank you.
THE DEPUTY MINISTER OF INDUSTRY AND
COMMERCE (HON. MABUWA): Thank you Madam President. I
continue to thank the Hon. Senator for the question which is somehow related to the first one. The interest is about unpacking the relationship of the big companies that are coming in and the fear that they might crowd out the small companies. When we look at business, we are looking at stimulating industries in Zimbabwe. The strategies are several but the goal is one - to have the wheels of industry turn in Zimbabwe, by who and which ones is then industry or it is sector specific.
There are some sectors that have been affected by the period when our industries were down. Some factories were also affected by antiquated machineries. You will find that some of our factories that we bemoan today that were closed, you visit them and you find that they have got very old machinery which had stretched and over lived its working life. Also the issues of obsolescence come into account. The machines that were used when industries were established in Zimbabwe, some of them have been overtaken by time. It depends on the type of industry and the willingness of the owners of those industries to recapitalise and move with the times.
The machines that were sewing garments yesterday are not the machines that are sewing garments today. The machines that were cutting garments yesterday are not the machines that are cutting garments today, just to give a specific sector. So, it really depends Madam President on what industries. It can take specific industries. If I can have written questions following up on a particular industry, I can be able to answer to that. So, resuscitation of industry does not look at reopening the doors of old industries. Some of them are no longer resuscitable. We have got to look at injection of new machinery, industries and new players which include joint ventures and are in conformity with our own indigenisation law, and that sector the one that affect our industry.
The indigenisation law was now specified into three clusters and ours is the middle one where we say that when an investor comes to invest in the industry, it does not mean that we will take a dollar of that person’s investment. We go into joint ventures and it is working very well. Perhaps I could be favoured with written questions to specify the sector that the Hon. Senators might want me to zero in on, and I come in and say in this sector this is what is happening. Otherwise, we are using the value chain approach and we are also attracting everybody concerned in that value across new industries and old industries that are rescucitable. Thank you.
THE HON. PRESIDENT OF THE SENATE: I am sure that the
Hon. Senator is advised to put written questions for oral answer. *HON. SEN. SHIRI: Thank you Madam President. My question is directed to the Deputy Minister of Lands and Rural Resettlement, Hon. Chikwama. We want you to furnish this House on the progress of removing illegal settlers in the farms. Thank you.
*THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA): Thank you Madam
President. At the moment, it is still in the infancy because when we started it, we had not consulted the local leadership and the provinces. We have now engaged the Lands Committee and the local leadership to verify and find out how these people can be settled there. So, we have visited all the provinces except Mashonaland East and Mashonaland Central, but we will get there soon. They were busy with some other issues which made it difficult for us to engage them. As we are talking, the Inter-Ministerial Committee which is being chaired by the Permanent Secretary and the Task Force which is head by Mr. Matanga started the process of removing the illegal settlers. As a Ministry, we are thankful because when it was publicised, many people who had settled illegally vacated the land but others are complaining that when they were given the land or whether they bought it from other people, they developed the land more than the initial settlers. So, they come across such issues.
When we embarked on the Land Reform Programme, we wanted to ease congestion in our rural areas through the introduction of A1 farms so that the A2 farmers would engage in commercial farming. However, you see that the A1 have surpassed congestion in rural areas because some of them have settled in grazing areas. People cannot now engage in cattle farming and we are seized with the matter so that we reach an agreement. Thank you.
*HON. SEN. MOEKETSI: Thank you Madam President. My
question is directed to the Minister of Mines and Mining Development and is in connection with Elvington Gold Mine. The employees of
Elvington Gold Mine did not receive their salaries from 2014 to 2015. We have realised that none of their children have been going to school since 2014 because their parents are not employed. They were not informed whether the company has been shut down and would be recalled. As I speak, employees are being recalled one-by-one and there is smelting of gold. Would you by any chance have an idea of the ongoing situation?
*THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. F. MOYO): Thank you Madam President. I
would be very grateful if the Hon. Senator would make it a written question so that I will go and make investigations and give a report. At the moment, let me inform the august Senate that Elvington Gold Mine had a problem of mismanagement by the administration of that mine. One of the pillars which support the shaft was broken and there was a curve-in. As a result, it is now a problem for us to re-open that curvedin part of the shaft. It is dangerous for us to re-open it.
The alternative we have is to open a new entrance somewhere but it is too expensive. We are now faced with a dilemma. There is too much gold underground but the mining process is expensive. We have also advised them that they should go to the mine dumps and try and seek for gold because monies gathered from the mine dumps may be able to pay the debts owed to the workers. Unfortunately, when this programme was implemented, Elvington Mine went into a contract with a South African company but the deal went sour and there was no progress. So, we are urging Elvington Mine to go it alone.
The other problem faced by the workers was that the workers were asked to continue paying rentals in the houses they were living. However, we advised management that this could not be implemented because the workers are not earning anything. The Hon. Member has raised the issue of school fees, I was not aware of it. Now that it has been raised, we need to look at it.
On the other hand, as the leadership of ZMDC, we had no mine which was profitable because we have consolidated all diamond mines. In Zvishavane, we have Sabi Mine and it is not working. The Mberengwa Mine is also not working, Elvington Gold Mine curved in and the only mine we are relying on is Jena Gold Mine. Like I am saying, it is also in the intensive care. That is why we are now in the process of recruiting new management for Elvington Gold Mine. We believe this could be the solution to the mining programme. Government is also seeking for finance to boost the operations of this mine so that they do not operate without any cash at hand.
HON. SEN. MUSAKA: Thank you Madam President. My
question is directed to the Minister of Sport and Recreation. Ngezi Platinum Stars is brilliant stuff but it is old wine in a new bottle; not new wine in a new bottle. Development of sports, like in music, I do not see any auditioning being done there. Most of the players do not do well in old clubs. There is no development of sports locally, in the primary schools, at the ward level. It should really be authentic or original. So, I wonder what the policy is Minister. I travel a lot and attend most of the marches but what concerns me is auditioning, if you take the word from music. Not much is being done. I thank you.
THE MINISTER OF SPORT AND RECREATION (HON.
HLONGWANE): Thank you Madam President. I will perhaps speak
to the elements of the question that I did not address to earlier and not take much time on the issues that I have already spoken to. The first aspect in your question is to do with auditioning; in other words development of talent. You give a specific example of the club, Ngezi Platinum and I assume that you are talking about the environs. In the area of Mhondoro – Ngezi, there is no injection or flow of talent from the communities into this club that has become elite. That is being addressed through our community sport and recreation club system that we have installed throughout the country at the ward level. It is a structured sport.
To give you an example, football is going to create 8000 organised clubs across the country, which are affiliated to ZIFA and are recognised by FIFA. FIFA have agreed to come on board to support that development programme that we have put in place as a Ministry and all those clubs are going to be licenced by ZIFA so that they are legitimate clubs and are in terms of the Constitution, in terms of how they are run and are up to date in terms of the new laws that keep on coming from
FIFA. So, that is going to affect the Ngezi community as well because it is at ward level. Once this has been done, it is my expectation therefore that the talent that comes out of the communities inadvertently will find its way into Ngezi Platinum as it will find its way into Harare and all the other clubs around the country.
School sport is an important strategy for sport and recreation development in the country. It is one of the four pillars of that process. I must make the announcement here that starting January, the new curriculum for primary and secondary education is being implemented. In that curriculum, is the mainstreaming of sport, physical education and mass displays which are all about the same thing except that physical education is more biomedical, biomechanics, et cetera which then leads to sport, therefore integrating that together with mass displays. These disciplines of sport, physical education and mass displays starting
January are going to be taught as examinable subjects from ECD up to
‘A’ level as compulsory subjects. They are going to compete alongside mathematics, geography, science and all other subjects. The reason obviously is that our education curriculum has been secluding a huge constituents of talent of our youth who are very capable in terms of sport and recreation yet they are not as gifted in terms of cognitive application within the academic curriculum in the classroom. So, that matter is being addressed at that level through the implementation of the new curriculum starting January going forward. I hope I have answered his question.
ANNOUNCEMENT BY THE HON. PRESIDENT OF THE
SENATE
PRE-BUDGET SEMINAR LOGISTICS
THE HON. PRESIDENT OF THE SENATE: I would like to
remind all Hon. Senators to check their pigeon holes for travel and accommodation information for the Pre-Budget Seminar.
MOTION
FIRST REPORT OF THE THEMATIC COMMITTEE ON
GENDER AND DEVELOPMENT ON THE STATUS OF
CHILDREN’S HOMES
Second Order read: Adjourned debate on motion on the First Report of the Thematic Committee on Gender and Development on the
Status of Children’s Homes.
Question again proposed.
*HON. SEN. MAVHUNGA: Thank you Madam President for
giving me this opportunity to make my contribution on the situation in orphanages especially the ones visited by this Committee. We visited eight orphanages and some of these orphanage homes are run by churches whilst others are owned by the State. Others are owned by non-governmental organisations. We also realise that there were other orphanages which were under the neighbourhood who are taking care of orphans in the area.
Madam President, we observed that the state of affairs in these orphanages depended on the support they were given. We noticed that in some homes which were properly run, they do so along the family units where there is the figurehead father, the mother and the siblings; just a typical family style. The problem which we felt about the system was that since the manager will be the figurehead father, we thought children would get a feeling that it was a polygamous situation.
Let me now turn to Chirinda in Chipinge where the situation was so bad that the dormitories were in a bad state. We observed that the children who were put into those homes were introduced by the Department of Social Welfare and some of them were orphans whose parents had died during birth and some of them were picked up from the streets. It shows that the Department of Social Welfare was quite aware of the background of each individual child. Since the Department of Social Welfare was responsible for placing these orphans, they should also be responsible for the issuance of their birth certificates.
We also gathered information that in some of these orphanages, they could not tell the background of that child, hence the issuance of a birth certificate would be a problem. We are saying in the areas in which we live, in our communities, let us empower our traditional leaders so that whosoever has a problem in that area, he or she will be assisted by the traditional leader. In such a manner, there would be less cases of dumping infants because the girl child will know that if they are impregnated and the men denies paternity, they would seek for assistance from the traditional leader who would have means and ways of supporting that girl child so that they do not dump the baby at birth.
We know as Africans especially in Zimbabwe, we believe in communal ownership, hence when we have these problems and we treat them as communal problems, children will not be dumped because they belong to the community. When Government brings these children into homes, Government promises to support by giving US$15 per child per month. Unfortunately, Treasury is not in a position to fulfill this monetary obligation. This is why there are problems. Our request is that Government should give land to these orphanages and engage them in command agriculture so that they can grow their own food and be self sustained.
We are appealing to the Department of Social Welfare to honour their monetary obligations. We know the amount is not much, US$15 per month per child is not enough but put together for all these children, they may benefit something. We also say Government should support those community owned orphanages. We realised some other problem in these homes and the problems is that the child is taken into a home from infancy up to 18 years when they attain the legal age of majority. When they attain 18, they are discharged they are fired from these homes and yet they have not yet acquired the life saving skills, the profession for self sustenance.
As a result, we are appealing to the Government that when they are giving the Presidential scholarships the orphanages must also be given a quarter, so that these children who attain 18 can be assisted. We know that they are future leaders, inventors and industrialists. We do not have to stifle their potential because of lack of funding. I am also calling upon members of the neighborhood and members of this august House to visit these orphanages in their neighborhood and give support. I thank you.
THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU):
Mr. President, I move that the debate do now adjourn.
HON. SEN. MASHAVAKURE: On a point of order. I wanted to
speak.
THE HON. DEPUTY PRESIDENT OF THE SENATE:
Tomorrow.
HON. SEN. MASHAVAKURE: No problem. [Laughter]
HON. SEN. MAKORE: On a point of order. Normally, the mover
is supposed to adjourn the House. This is just information to the President. I thank you very much. Normally the person who moves the motion must also adjourn the House.
THE HON. DEPUTY PRESIDENT OF THE SENATE: You
are correct, we had missed.
HON. SEN. MAKORE: I move that the debate do now adjourn.
HON. SEN SHIRI: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 15th November, 2016.
On the motion of THE DEPUTY MINISTER OF MEDIA,
INFORMATION AND BROADCASTING SERVICES (HON. SEN.
MATHUTHU), the Senate adjourned at Six Minutes to Four O’clock
p.m. until Tuesday, 15th November, 2016.
PARLIAMENT OF ZIMBABWE
Thursday, 13th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): I move that Order of the Day Number 1, be stood over until Order of the Day Number 2, has been disposed of.
Motion put and agreed to.
MOTION
RATIFICATION OF THE NAGOYA PROTOCOL ON ACCESS TO
GENETIC RESOURCES
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): I move the motion standing in my name:
THAT WHEREAS, Section 327 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 organizations shall be subject to approval by Parliament;
WHEREAS Zimbabwe ratified the convention on Biodiversity on
9 February 1995;
WHEREAS the conference of the Parties adopted the Nagoya
Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their utilisation of the convention on
Biodiversity, at its 10th meeting held on 29 October 2010, in Nagoya,
Japan.
WHEREAS the aforesaid Protocol entered into force on 12 October 2014, 90 days after the date of deposit of the fiftieth instrument of ratification as stipulated under paragraph 1 of Article 33;
WHEREAS Zimbabwe is not signatory to the Protocol;
AND WHEREAS Article 33(2) of the Protocol provides that its entry into force for states which are not signatory to it, is conditional upon such States depositing instruments of accession;
NOW THEREFORE, in terms of Section 327(2) of the Constitution of Zimbabwe, this House resolves that the aforesaid
Protocol be and is hereby approved for accession.
In moving my motion, I would like to inform the House that the Convention on Biological Diversity (CBD) is one of the three conventions which arose from the 1992 United Nations Conference on the Environment and Development (UNCED), commonly known by the name Rio Earth Summit.
The Convention entered into force on 29th December 1993.
Zimbabwe signed the United Nations Convention on Biodiversity (UNCDB) in 1992 and ratified it in 1994. Madam Speaker, it is important for Zimbabwe to accede to the Nagoya Protocol because the Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by:
Establishing more predictable conditions for access to genetic resources.
Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources.
By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources and therefore enhances the contribution of biodiversity to development and human well-being. In more specific terms Mr. Speaker Sir, the Nagoya
Protocol provides for the following:
- It supports compliance with domestic legislation or regulatory requirements of the party proving genetic resources and contractual obligations reflected in mutually agreed terms are a significant innovation of the Nagoya Protocol
- It helps protect traditional knowledge held by indigenous and local communities particularly with genetic resources. This will strengthen the ability of Zimbabwe’s communities to benefit meaningfully from the use of their knowledge, innovations and practices. The benefits can be monetary and non-monetary.
- It offers incentives for the country to conserve its biological diversity and will be fostered by the Protocol through promoting the use of genetic resources and associated traditional knowledge.
This will enhance sustainable development and human well-being.
- The Protocol firms the framework for the establishment of a viable measure to curb bio-piracy. This is achieved through an enactment at the national level of relevant legislation and policies.
- The Protocol will enable Zimbabwe to access funds for capacity building in various aspects of access and benefit sharing and facilitate economic and social development.
- The Protocol also established clear rules and procedures for prior informed consent and mutually agreed terms between the contracting parties and the local communities.
More importantly Mr. Speaker Sir, ratification of the Protocol will assist in the realisation of environmental rights as enunciated in Section 73 of the Constitution of Zimbabwe which provides that:
‘(1) every person has the right to; (a) an environment that is not harmful to their health or well-being; and
(b) to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that;
- prevent pollution and ecological degradation;
- promote conservation; and
- secure ecologically sustainable development and use of natural resources while promoting economic and social development.
Madam Speaker, the Nagoya Protocol is binding on those countries that in addition to being party to the CBD have also signed and ratified it. In the SADC region, only Angola, United Republic of Tanzania and Zimbabwe have not ratified the Nagoya Protocol. In this regard, and in line with the dictates of international environmental law, Zimbabwe should join the family of nations that have ratified this Protocol.
Parliament’s approval of this Protocol as encapsulated in Section 327 of the Constitution of Zimbabwe will be a key milestone towards our ratification of this Protocol.
Section 327 (2) (a) and (b) of the Constitution highlights that:
“An international treaty which has been concluded or executed by the President or under the President’s authority –
- does not bind Zimbabwe until it has been approved by
Parliament; and
- does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament”
In this regard Madam Speaker, I request that Parliament approves this protocol for accession. I thank you Madam Speaker.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
HON. CHAMISA: On a point of order Madam Speaker and
seeking your clarification and proper and due directive or direction particularly regarding Rule Number 66 of our Standing Orders. This is pertaining to Order Number 4 on our Order Paper.
Madam Speaker, I am aware that Hon. Gonese, the Chief Whip of the Opposition had raised this matter on the concerns we have around the language used in that motion. I am aware that the discussion was held yesterday particularly when one has reference to opposition political parties having been perpetrators of violence and terror. This is particularly offensive to Standing Order No. 66 because we have not had in our courts of law opposition members or worse still opposition political parties charged of political violence. I am saying this before you even apply your mind because I can see that you are taking a deep sigh.
If you look at Standing Order No. 66, it is very explicit in its language and what is proscribed and prohibited in terms of the language to be used in our motions and it reads “any Bill, motion, question or notice which in the opinion of the Speaker, contains derogatory, disrespectful, offensive or unbecoming references to the President, Parliament or its Members, or the Speaker, or contains unbecoming expressions, or is of a frivolous nature, or offends against these Standing Orders, or is otherwise out of order shall be discharged from the Order Paper or withheld from publication or amended by the Speaker before it appears on the Order Paper”. I understand Hon. Tshuma is just heckling but I will help him to understand the import of this provision.
HON. HOLDER: On a point of order. The Hon. Member is not reading. He is jumping some of the contained words. Ngaaverenge zviri mubook imomo.
HON. CHAMISA: Thank you Madam Speaker for asking Hon.
Holder to hold his point of order.
THE HON. DEPUTY SPEAKER: That is your problem now.
Would you please proceed with what you want to say and leave Hon.
Holder alone?
HON. CHAMISA: That is where I want to end because it is very clear and explicit in terms of what has to be done. The concern I have raised Madam Speaker is that there is no way you are going to say so and so has been guilty of this and that before a competent court of law.
THE HON. DEPUTY SPEAKER: You are already debating on
the motion which has not yet been….
HON. CHAMISA: No, I am not debating the motion.
THE HON. DEPUTY SPEAKER: What is it now? What type of language do you mean?
HON. CHAMISA: The language which is offensive or is infractive of a particular member or members. We are members of the MDC. We are members of the opposition political party. Our party has never been taken to court. Our party has never been convicted. In fact, a party can never be taken to court for violence. The language in this motion is amiss.
THE HON. DEPUTY SPEAKER: While I do not want to debate
the motion and go against what you are saying, I think two weeks ago some members of the opposition were taken to court and were convicted of killing someone. Why do we not just leave it and bring in the motion.
HON. CHAMISA: It is a member and not the opposition party.
Here they are referring to opposition parties. That is my point of order.
THE HON. DEPUTY SPEAKER: I was consulting and I think you have a right to move an amendment when the motion is moved. You can prepare for that amendment.
HON. CHAMISA: We do respect our technical team. There are two options that should be pursued. The first one is expunging of the motion off and from the Order Paper. The second one would be an amendment as and when the debate is undertaken. I have chosen the first route and I am deliberately ignoring the second route because it does not give me sufficient relief because of the offensiveness of….
THE HON. DEPUTY SPEAKER: I am going along with what I was advised with technocrats – [HON. MEMBERS: Inaudible
interjections.] -
HON. MANDIPAKA: Madam Speaker, may it be put on record
that we are not a university that deals with linguistics. Hon. Chamisa is trying to abuse the Standing Order and its phraseology. Why do I say so, because his motion talking about Dzamara, they have actually accused the state machinery to have abducted Dzamara but we are also saying opposition parties are - [HON. MEMBERS: Inaudible interjections.] - This should be accepted without any subtraction. It must not be subtracted.
THE HON. DEPUTY SPEAKER: After Hon. Chamisa has been
explaining his own side and also Hon. Mandipaka, I think I will go along with what I have been advised by the technocrats here that after the motion has been moved, whoever feels there should be an amendment can bring up the amendment after it has been moved – [HON.
MEMBERS: Inaudible interjections.] -
If we go to Standing Order No. 66, it says “in the opinion of the
Speaker”. Now the opinion of the Speaker in the Chair is saying after the motion has been moved. Can we please close that debate?
HON. GONESE: I want to indicate that yesterday, there was a Speaker who was in the Chair and after consultations and I want to reiterate that there were consultations which were made yesterday with the Speaker who was presiding in this august House. I subsequently spoke to the Government Chief Whip. I want to reiterate and make it abundantly clear Madam Speaker, that it is my respectful opinion that when matters have been discussed and certain understanding is reached, it is important for certain matters to proceed on the basis of that common understanding.
First and foremost, if a motion is already on the Order Paper, the presumption and I want to reiterate that there is a presumption that it has already been authorised in terms of the Standing Rules and Orders, but that presumption may not be correct depending on the circumstances. The indication and impression which was given to me was that the motion had not been signed by the office of the Speaker – [AN HON. MEMBER: It had not been signed?] – Yes Madam Speaker, and this is why I am pointing it out because yesterday, at the end of Question Time, I actually approached the Clerks-at-the-Table to seek clarification and this is what I was informed. It was on the basis of that clarification that I subsequently spoke to the Government Chief Whip and I want to reiterate that sequence of events. It was then understood and agreed that this motion would then be deferred to clarify whether – [HON.
MEMBERS: Inaudible interjections.] – Yes, I am talking of what transpired yesterday to clarify whether the motion had been passed or not.
Be that as it may Madam Speaker, the point still remains. In the interest of all the parties here, we are not objecting to the substance of the motion. What we are simply saying is that the way it is formulated and this is a matter which I believe the Chair should take his time to reflect on it so that when we proceed, because sometimes Madam Speaker it is important to look at the language used. Even if you look at the motion which was referred to, the motion on Itai Dzamara did not point a finger to say the Government did this. It simply made averments that there were concerns …
THE HON. DEPUTY SPEAKER: Hon. Member, please.
HON. GONESE: If you can listen to me Madam Speaker. It is very important. No, no, I am explaining the importance for this august
House …
THE HON. DEPUTY SPEAKER: Can we have order Hon.
Members. Hon. Gonese …
HON. GONESE: I think it is important Madam Speaker, and if you can hear me out because I am still articulating the point. Please allow me to articulate the point so that we are on the same page because it appears we are not on the same page – [AN. HON. MEMBER: Inaudible interjections.] – I respect the Chair and I am very appreciative of the Chair’s indulgence. I also want to emphasise and reiterate that what is critical Madam Speaker, is to ensure that when we do certain things in this august House, we must ensure that justice is not only done but is also seen to be done. This is why I prefaced by making references to the consultations and discussions which took place yesterday as well as pointing out that the reason why that motion is there is to allow the import of the provisions of Standing Order Number 66, for a situation where the presiding officer can reflect upon an earlier decision. It is very possible …
THE HON. DEPUTY SPEAKER: Hon. Member …
HON. GONESE: Allow me to finish Madam Speaker. I have not
finished. I am saying the import of section…
THE HON. DEPUTY SPEAKER: Order Hon. Member. My
problem with you is that you keep on repeating yourself and you do not end your discussion up until I forget what you said in the beginning. Can you please come to the point?
HON. GONESE: Yes, I am coming to the point. The import of Standing Order Number 66 is to allow for a situation whereby there can be a review because when something is already on the Order Paper, it can then be reviewed. This is the reason why I am imploring the Chair to reflect upon it and not make a haste decision; go over the submissions which have been made and thereafter. I am saying that the provisions in that Standing Order was put in place to ensure that there may be a situation where a mistake may have been made. What we are simply saying is that the substance of the motion can remain the same but the language used is inappropriate because what it means, I can give a suggestion …
THE HON. DEPUTY SPEAKER: Your problem is that you
seem to be addressing your Deputy President, please address me because your eyes are looking at your Deputy President. I am presiding here.
HON. GONESE: No, I am addressing you Madam Speaker.
Madam Speaker, the purpose of that Standing Order is to allow the Chair to review its own decision whereby a motion could have got on to the Order Paper and upon submissions being made, there is a realisation that the way the motion is crafted or formulated needs a revision. All we are saying is that the allegations can be made but the language can be couched differently. You make reference to members of opposition political parties and allegations, because these are allegations until such a time as and when a court decision is made convicting a political party which is not possible. We are simply saying only members of a political party can be convicted, not a political party. …
THE HON. DEPUTY SPEAKER: Hon. Gonese, while I hear
what you are saying, you mentioned sometime back when you were debating that you discussed and made certain agreements with the Government Chief Whip. I do not know what they were but nothing came to me. Can you please approach the Chair.
THE HON. DEPUTY SPEAKER: Concerning Notice of Motion
number 4, we were having some consultations. We are deferring the motion to Tuesday for further consultations.
HON. MATUKE: I move that the debate do now adjourn.
HON. MUKWANGWARIWA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 18th October, 2016.
MOTION
RESTORATION OF THE MOTION ON BIOTECHNOLOGY ON
THE ORDER PAPER
HON. DR. MATARUSE: Madam Speaker, I move that the motion on Biotechnology, which was superseded by the end of the Third Session of the Eight Parliament, be restored on the Order Paper in terms of Standing Order No. 73.
HON. CHAKONA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON FAIR REGIONAL AND
GENDER REPRESENTATION IN THE AWARDING OF TENDERS
ON THE ORDER PAPER
HON. MISIHAIRABWI-MUSHONGA: Madam Speaker, I
move the restoration of the motion on regional equality, which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 73.
HON. TOFFA: I second.
Motion put and agreed to.
On the motion of HON. MATUKE seconded by HON. MUKWANGWARIWA, the National Assembly adjourned at Three
Minutes past Three o’clock p.m. until Tuesday, 18th October, 2016.
PARLIAMENT OF ZIMBABWE
Wednesday, 12th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. DEPUTY SPEAKER in the Chair)
Hon. Misihairabwi-Mushonga having finished reading her Notice of Motion.
HON. HOLDER: On a point of order Madam Speaker. The Hon.
Member whispered. She did not speak loud enough, can she re-do it. We did not hear what she said – [HON. MEMBERS: Inaudible
interjections.] –
THE HON. DEPUTY SPEAKER: Order Hon. Members, the
Hon. Member has a right to complain.
HON. GONESE: On a point of order Madam Speaker. In terms of Standing Order Number 26, as read with Standing Order Number 63, as read with the provisions of the Constitution of Zimbabwe, Section 107 (1); in terms of the Constitution of Zimbabwe, Madam Speaker, it is the obligation of all Vice Presidents, Ministers and Deputy Ministers to attend Parliament. This is reinforced by Standing Order Number 26 which reiterates the position in the Constitution that Vice Presidents, Ministers and Deputy Ministers are required to attend Parliament. In terms of the provisions of Standing Order Number 63, it is made abundantly clear that no Minister, Vice President or Deputy Minister can absent themselves without the leave of the Speaker. I believe Madam
Speaker, that in line with good practice, good corporate governance, the
Chair should inform us of all the Ministers, Deputy Ministers and Vice Presidents who have applied for such leave in writing. The provisions of the Standing Orders are very clear that this application for leave must be done in writing. We cannot rely on assumptions. We have to know which of the Ministers have sought leave of the Speaker so that we know those who are playing truant. We know those who have bunked Parliament. If we do not have this information, we do not know and we cannot distinguish between those members.
We know that Vice President (VP) Mphoko only comes here when it is Official Opening and probably on the presentation of the budget. We also know that the Minister of Foreign Affairs only comes during the Official Opening. We need to know which of the Ministers have complied with the Standing Orders and have written to the Speaker. We would like that evidence to be provided.
What I am saying in short is that we need to have that evidence. You need to inform us before we go to Questions Without Notice. We need to be informed which letters have you received and from which Ministers. In the absence of such letters, we have got to assume that they have absented themselves or have played truant. More importantly, it would mean that they have not been granted that leave of absence and they are in contempt of Parliament as provided for in the Standing
Orders.
We have raised this point before and the Chair has simply said we have taken note, we have taken note. The time has come Madam
Speaker; we will no longer accept a situation where the Chair will no longer accept a situation where the Chair will tell us that they have taken note or that the matter will be attended to.
We want those letters to be produced before us so that we know which Ministers have complied with the provisions of the Standing Orders, which Ministers have sought leave and which leave has been granted. We will then know that those who have not done so have to be charged with contempt of Parliament.
THE HON. DEPUTY SPEAKER: I hear you Hon. Member. At the moment, I have apologies from the Hon. VP and Leader of the
House Hon. Mnangagwa, who is attending a funeral and also two other Ministers who are in the Senate presenting something. But the others, honestly, I do not have anything. I cannot lie - [HON. MEMBERS:
Inaudible interjections.]-
HON. GONESE: Those three that you have mentioned Madam Speaker, are they in writing because when you addressed us, you have not been referring to anything….
THE HON. DEPUTY SPEAKER: I have heard you. You have
said it …
HON. GONESE: I am just seeking clarification.
THE HON. DEPUTY SPEAKER: You have been repeating yourself …
HON. GONESE: I know, are they in writing? So the rest you do not know and you have to assume.
As a follow up, can we then take it that those who are not here have and have not sought leave of the House or Speaker are going to be charged with contempt of Parliament as provided for in Standing Orders
69.
THE HON. DEPUTY SPEAKER: We take note of that. Order.
Hon. Members, we are proceeding …..
HON. CHAMISA: On a point of order Madam Speaker -[HON.
MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Hon. Members, can the
member be heard in silence please.
HON. CHAMISA: Madam Speaker, Parliament across the whole
world is supposed to be taken seriously by Ministers and by Members of
Parliament. We take our Parliament seriously as Members of Parliament
(MPs). We come here religiously on Tuesdays, Wednesdays and Thursdays because we are on the tax-payers roll. Our Ministers must also equally be serious by coming to Parliament not on Tuesdays or Thursdays but on a specific date and day which is a Wednesday but they choose to go away without official leave (AWOL).
We have to read the riot act invoking the statutes of our
Parliament. This is nothing vindictive or personal. It is all in the national interest to make sure that the monies that are being paid by taxpayers are accounted for. We are going to request and place on record that the following Ministers be put on notice and be charged for contempt of Parliament.
For the purpose of the record, I am going to read out those Ministers that are supposed to be charged for Contempt of Parliament. I will start with the one who is notorious for not coming here; the Hon. Minister of Foreign Affairs, Minister Mumbengegwi. He has never been here. In fact, the benches that side are looking for him. He has never been seen there. He comes once a year and that is very important, we want him to be put to account.
We also have VP Mphoko if he could - I am not so sure who between VP Mphoko and VP Mnangagwa sought leave…
THE HON. DEPUTY SPEAKER: The Leader of the House.
HON. CHAMISA: VP Mnangagwa – so VP Mphoko; I
understand the Minister of Policy Coordination is not feeling well Hon.
Simon Khaya Moyo; Hon. Chinamasa; Hon Priscah Mupfumira,
Minister of Public Service; Minister of Defence, Dr. Sekeramayi.
We want to appreciate Minister Bimha who has been coming. He is like VP Mnangagwa, he always comes to Parliament. We appreciate them. We appreciate you Minister Made. We want to name and shame the truant Ministers who are not coming - [HON. MEMBERS: Hear, hear.]-
THE HON. DEPUTY SPEAKER: Hon. Member, while I do
appreciate that on the list, you have some names but I think you have to list …
HON. CHAMISA: Thank you very much. Let me just hurry up…
THE HON. DEPUTY SPEAKER: Not now. You can do it
while we are still sitting and I will call you again - [HON. MEMBERS:
Inaudible interjections.]- Order, order. Let us have order and give the Hon. Member a chance to finish.
HON. CHAMISA: Thank you. Hon. Kembo Mohadi, Minister of
National Security -[HON. MEMBERS: Inaudible interjections.]-
THE HON. DEPUTY SPEAKER: Order, order Hon. Members.
Order. Hon. Tshuma, please.
HON. CHAMISA: Thank you Madam Speaker. We want to go to question time. Let me just rush through. Hon. Obert Mpofu, Minister of Economic Planning; Hon. Saviour ‘Tyson’ Kasukuwere, Minister of Local Government, Public Works and National Housing; Hon.
Pagwesese Parirenyatwa, Minister of Health ….
VP Mnangagwa having entered the House.-[HON. MEMBERS:
Hear, hear.]-
THE HON. DEPUTY SPEAKER: Thank you. Order, order. Can we have order in the House? Order, order please. I do not want to name you.
HON. CHAMISA: I appreciate and acknowledge that the VP has now come. Our condolences, we heard that you had gone to a funeral. Hon. VP, we are very sorry about that but we are just mentioning Ministers who do not have the courtesy unlike yourself. Being the VP, you go out of your way to actually notify the Speaker. Ministers do not even care. They think that it is useless to respect Parliament -
[Laughter.]-
Hon. Speaker, I just want to continue and highlight and mention these names for the record and for posterity, Ministers who, unlike the VP and other Ministers like Dr Made, come here to dutifully present themselves for Parliament. We have Hon. Chikwinya, Minister of
Women’s Affairs, she has not been coming here; Hon. Dokora, comes here and there but he has not been coming. If he could also be charged for contempt of Parliament. Hon. Dr. Mombeshora, Minister of Lands and Rural Resettlement; the Minister of Higher and Tertiary Education, Science and Technology Development also who has been driving this important programme, STEM, Hon. Prof. J. Moyo has not been coming; the Minister of Home Affairs, Hon. Dr. Chombo has not been coming; the Minister of Energy and Power Development, Hon. Dr. Undenge, in fact we last heard of him long back. I do not know if he is still around but he has been missing in Parliament; Hon. Stembiso Nyoni; Hon. W. Chidhakwa; we want to appreciate Hon. Muchinguri was here just a couple of minutes ago; Hon. Zhuwao has even gone to harass our Portfolio Committees, he must be dealt with by Parliament because his behaviour is untoward to this Parliament; Hon. Mumbengegwi, I have already mentioned that this one is number one in terms of his delinquency. This one is foreign to this Parliament. His understanding of foreign affairs is to be foreign to Parliament and we must correct that.
We appreciate Hon. Dr. Made, he comes almost every Wednesday. We appreciate you because you give seriousness to Parliament. We really thank you. Hon. Dr. Hlongwane, we have seen him. Maybe you are young – you have tried your best. Thank you very much. We appreciate that Hon. Eng. Mzembi is not around because he is campaigning. That we appreciate.
HON. NDUNA: On a point of order!
HON. GONESE: I believe that if someone is raising a point of order, you cannot have a point of order on another point of order otherwise we will never be able to finish. Hon. Chamisa is raising a point of order….
THE HON. DEPUTY SPEAKER: Hon. Member, you are now
directing me. Every time we allow you to do that. I want to hear that point of order. You are also making a point of order.
HON. NDUNA: Thank you for indulging me Madam Speaker
Ma’am. I think the point of order that is currently being raised has been sufficiently ventilated and has been escalated to the point of the hierarchy of the Leader of the House. The last ruling that I remember, the Leader of the House was going to take it up with Cabinet. It is not right for us to keep chasing our tail as though this is a new phenomenon.
THE HON. DEPUTY SPEAKER: Hon. Nduna, can you please
resume your seat.
HON. CHAMISA: I am almost concluding because I realise that we need to go into question time. I have mentioned those that are not coming to our important Parliament. In terms of Deputy Ministers, the rest do not come except for Hon. Matangaidze who is always here; Hon.
Madanha has done a fantastic job. He answers our questions. Hon.
Mabuwa, she has just gone out. Hon. Mlambo, who is deputy to Hon. Mandiwanzira - we appreciate those Ministers but the rest must be noted so that I cannot go on and on. All the Deputy Ministers do not come to
Parliament yet Parliament is very important.
So let us charge them. You know Madam Speaker that we are in the SROC together with the Vice President, Hon. Mnangagwa. Let us deal with Hon. Members who do not want to work for this country. We are ready; we will have those names and we will charge them with contempt.
THE HON. DEPUTY SPEAKER: I hear Hon. Chamisa. While
we all welcome the Vice President and Leader of the House into the House, I think through his help and the Chief Whip, that issue is going to be rectified.
HON. D. S. SIBANDA: If I heard you correctly, you said some of the Ministers passed their apologies. Is it not procedural that as you do your announcements, you also mention the names of those who have tendered their apologies?
THE HON. DEPUTY SPEAKER: The Administration of
Parliament is helping me with what has been sent to Papers’ Office. It is coming, we have sent someone to go and collect it.
*HON. MAONDERA: My point of order relates to the dress code and decorum in this Parliament. We have a Member of Parliament who is not dressed appropriately and he is Hon. Matangira. Our Standing Orders have a prescribed dress code. Is it not possible that you request him to leave this House?
Hon. Matangira having been dressed in a charcoal grey short sleeved shirt.
THE HON. DEPUTY SPEAKER: May the Hon Member please
approach the Chair – [HON. MEMBERS: Inaudible interjections.] - The Hon. Member is wearing a safari suit and it is allowed –[HON. MEMBERS: Inaudible interjections]- Order! Concerning the issue of the absence of Hon. Ministers, I may ask the Vice President and Leader of the House if he has anything to say concerning this absenteeism since it is not the first time that we have heard about it.
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, I believe that the matter raised by the Deputy President of the Opposition is a matter of great importance. When I came in he was in the middle of his presentation and I am not sure as to what other matters he has alluded to. If I may be allowed to look at the Hansard tomorrow, then I will address the issues. I have looked at Section 26 of the Standing Rules and Orders and also Section 63. I have looked at those two but I am not sure about what he has said in full for me to be able to answer fully on the issues that he has raised.
However, I can assure the House that each Tuesday when we have
Cabinet and if there is Parliament, as the Leader of Government Business, I make sure I inform my colleagues that there is Parliament on the following day and they are required to come. In most cases, they positively respond to such requests. I thank you – [HON. CHAMISA:
Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: No, I do not think there is any
need. The Hon. Vice President asked for permission to go and look at the Hansard so that he gives us a full report. So, there is no need to come again and explain.
HON. CHAMISA: Thank you very much Madam Speaker. I want
to appreciate the commitment made by the Vice President, save to say Vice President Hon. Mnangagwa, if you are telling these Ministers to come every Tuesday at Cabinet and they are not coming, may you also after you have read the full report, favour us with the measures you are going to take to deal with people who disobey you and also the President of the Republic of Zimbabwe, President Mugabe. These are very dangerous people to the nation and we want to hear what you are going to do about it and with them. Thank you.
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, I am surprised that my learned brother has a short memory. He was formally a member of the Executive and deliberations of the Executive are privileged. I would not come here and say what has been discussed in the Executive. I have undertaken on several occasions to this House, to inform my colleagues to come to Parliament and as far as I am concerned, we have been receiving positive responses.
Yesterday on Tuesday, there was no Cabinet and so there was no opportunity of informing my colleagues that there was this thing here. So, the Hon. Member should therefore not refer to what is exchanged between the Executive and members of the Executive. We should restrict ourselves to the rules of the Standing Rules and Orders of Parliament which I have quoted. If he has quoted the same, because I believe these are the most important rules in this - our ‘Bible’; Rule 26 and 63. I do not know whether he has quoted them but I have to apply these provisions to whatever statement he has made in this House when I look at the Hansard and I will give a comprehensive reply depending on the content of his contribution.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. HOLDER: Thank you Madam Speaker. My question is directed to the Minister of Industry and Commerce. You announced long back that the Government was going to establish a National Competitive Commission. Where are we now and will there be no duplication of roles in this?
THE MINISTER OF INDUSTRY AND COMMERCE (HON.
BIMHA): Thank you Madam Speaker. First of all, I would like to thank the Hon. Member for raising that question. The establishment of the National Competitiveness Commission was as a result of the realisation of areas that needed attention in terms of improving how we produce and also the issues to do with cost drivers in our economy, as well as comparing these cost drivers with what is obtaining in the region. Therefore, there were recommendations which were made after that study resulting in a recommendation that we must establish a National Competitiveness Commission. It was decided however, Madam Speaker, that instead of creating a new entity we rebrand the existing National Pricing and Incomes Commission. However, to do that, we have to go through Parliament and a lot of work has taken place. I would like to believe that during the current session, the Bill to establish the National Competitiveness Commission will come through this august House.
The second aspect of the question Madam Speaker, is whether there is any duplication with the Competition and Tariff Commission. The Competition and Tariff Commission focuses on competition among investors or among companies. Where we have issues of investment, we look at whether there is any competition and these issues are dealt with the Competition and Tariff Commission, whereas this is a Competitiveness Commission looking at issues of how best our economy can be competitive. I thank you.
HON. MAJOME: My question is directed to the Minister of Lands and Rural Resettlement, Dr. Mombeshora. Is it Government policy…
THE HON. DEPUTY SPEAKER: Hon. Members, I am
appealing to you. The Ministers should hear the questions being asked. So, if you make such noises how do you think he will understand what is being said.
HON. MAJOME: My question to the Minister of Lands and
Rural Resettlement, Hon. Dr. Mombeshora is, is it Government policy for the Government to parcel out state land particularly urban land to members of the ruling party, ZANU PF only?
THE MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. DR. MOMBESHORA): I want to thank
the Hon. Member for that question seeking clarity. First and foremost, my Ministry is responsible for agricultural land. When it comes to urban land which is residential, it is the Ministry of Local Government, Public Works and National Housing which is responsible for urban planning; demarcating and allocating for residential. However, it is my Ministry which is responsible for handing over any land which is required for urban expansion to the Ministry of Local Government, Public Works and National Housing. We do that when that land has been requested
for.
So, we only give a whole farm to the Ministry of Local
Government, Public Works and National Housing, but how they distribute it, is actually that Ministry’s responsibility. We do not get involved. So, I am unable to answer the latter part of the question to say, is it distributed only to one particular party or not? You can redirect that question to the relevant Ministry. Thank you.
HON. MAJOME: Thank you Madam Speaker. In that case may I have leave of the Hon. Madam Speaker to direct my supplementary question to the Hon. Leader of the House, our esteemed Hon.
Mnangagwa. As the Hon. Minister has confirmed, he is in charge of
State land and he can, on occasion, offer, give and deliver land to the
Ministry of Local Government, Public Works and National Housing. So, my question is on that particular issue about when he hands over a parcel of land to the Ministry of Local Government, Public Works and
National Housing and it is distributed publicly to ZANU-PF youths only. I want to know, is that Government policy, because there is information in the public arena that ZANPF youths are being parceled out land in Shawasha Hills and ZANU-PF officials including even senior officials of ZANU-PF?
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Madam Speaker, if I understood well what the Hon. Member asked in relation to whether Government had policy, or enquiry as to what policy Government has in relation to the allocation of residential land. Government has no policy to allocate land to political parties. Each municipal area has its residential area and it can only be allocated upon application to land developers or to the Government arm which is Udcorp. That is Government policy. So, if that was the issue which the Hon. Member was seeking to find out, whether Government policy is that political parties can apply as political parties to acquire land, no, we do not have that.
HON P. D. SIBANDA: It is quite clear, Hon. Vice President, that the Hon. Minister of Local Government, Public Works and National Housing has been going out issuing land whether to Udcorp or to land developers. How is that policy consistent with the role to local authorities in terms of delivery of residential stands to citizens of this country? Thank you.
HON. MNANGAGWA: Thank you Hon. Madam Speaker. The
only missing link in the statement he has made is that the Minister of Local Government, Public Works and National Housing has the mandate to administer local authorities which give land.
HON. GONESE: My supplementary question is to the Ministry of Lands and Rural Resettlement. In his response he indicated that State land is allocated by his Ministry and I wanted the Hon. Minister to inform us in this august House as to what land has been made available to the Minister of Local Government, Public Works and National Housing for the purposes of urban expansion and in which particular areas?
HON. MOMBESHORA: It is very difficult for me really to state farm by farm because we have actually handed over quite a number of farms in every province, almost in every town; Harare, Bulawayo, Gweru, Kadoma, Mutare. So, if you want proper details put your question in writing and I will be able to go and get the correct information. Thank you.
+HON. TSHUMA: Thank you Madam Speaker. My question is directed to the Deputy Minister. When Government is distributing food, drought relief, is it proper that only those 65 years of age and above should be given food? I thank you.
THE DEPUTY MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. ENG. MATANGAIDZE): Thank
you Madam Speaker. The position that is there right now is that food is allocated to people who we define as vulnerable. The vulnerable people you find them being people who are elderly, people who are living with disabilities, child headed families and anyone who is prone to effects of the economy as it stands right now.
Now, you find if you look at those people, they will transcend all ages. They do not have to be above 65 years. So, the short answer to his question is, it is not limited to people who are over 65 years, it transcends all the ages which are there.
+HON. TOFFA: The elderly people in Bulawayo are being discriminated against. Can you tell us how they are being selected?
Those that have been left out, how can they be assisted? The same applies to orphans in Bulawayo. There are those that are vulnerable and when they go there fail to get the food and as a result, they end up starving. What can be done to assist them? I thank you.
HON. ENG. MATANGAIDZE: If I understand the content of the Hon. Members question, the Hon. Member is enquiring specific details on how the people in Matabeleland, in Bulawayo in particular, are being chosen to come on the drought relief programme.
Before now we have been using what we call the Public Assistance Programme. We have had people who are on list who have been assessed as vulnerable, who were getting assistance based specifically on that programme although not before now, not related to the drought mitigation programme.
I am happy to say going forward, Government has availed funds for a viability assessment exercise to be done in the urban areas, particularly Harare and Bulawayo so that we can capture as many people as possible who need food mitigation right now as we speak. So, the assessment that was on the public assistance programme is long term, it has been there for the past several years and it has been running through like that. On the Vulnerability Assessment Programme that we have come up with - the provincial leadership; district leadership is all involved in this assessment to assess who the key people that need assistance are. This exercise is impartial, it does not look at party structures, and there are leaders in the community. Councilors are involved and input from the Members of Parliament like the Hon.
Member of Parliament is required and comes in.
At the end of the day, it is a Committee which comes up and puts in place these names and they are vetted to show that they are above board and they are not chosen on partisan lines.
+HON. TOFFA: Thank you Madam Speaker. I wanted the people in Bulawayo to know how they can access such leadership, where are they found. Which office can these people in Bulawayo go to? Where are they located so that the people can make a bee line for that office?
HON. ENG. MATANGAIDZE: Thank you Madam Speaker.
The initial port of call is obviously the Social Welfare Office. The Social Welfare Office and the officers will be working in conjunction with the district administrators and the provincial administrators. Now you find that you also have community leaders who come in place such as church leaders and respectable elders in that community. I have even gone on to say input can also come in from the councilors and from the
Members of Parliament themselves. The scenario we cannot have is
Hon. Members of Parliament coming in to impose the beneficiaries. You cannot impose those beneficiaries but clearly beneficiaries are there for everybody to see. If you follow the channels that I have mentioned and work with the people that I have referred to, you will find that we will come up with a holistic list that is acceptable to every person who is involved.
*HON. MAPIKI: My question is directed to the Minister of Environment, Water and Climate, Hon. Muchinguri. It is in connection with the ban on the sale of ivory tusks of elephants that succumbed to cyanide poisoning. What is Government doing about it so that we can benefit from our natural resources?
*THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Thank you Madam Speaker.
First and foremost, I would want to thank Hon. Mapiki for the question that he has posed, a very difficult question. I would want to explain to him that Government’s policy is that all our elephants should be subjected to legal hunting. Visitors can come and hunt for trophies and they are able to export ivory as part of their trophies. Government policy is that elephant tusks should assist rural communities once they have been sold so that the communities can then construct schools and have access to water.
We have a problem, Zimbabwe as a member of CITES and the
countries all over the world look at the endangered species. There are certain countries in Africa like Botswana, Kenya and Chad that no longer have wild animals and they are pushing that there should a ban on the sale of ivory. So, they want Zimbabwe banned from the sale of
ivory which ivory we have in abundance. They can use the ivory tusks for several souvenirs. When we went to the CITES we fought very hard because they wanted us to burn our ivory that we have stock piled and we refused that. The quantities and the values that we had placed are very high and we will wait for an opportune time to sell it.
I am not going to divulge the position that we are going to take now because there is a window period of 90 days where we are allowed to have reservations. If such countries would want to buy the trophies then they will also come and trade in ivory. This is the stage where we are. We are unable to sell the elephant tusk, what we are allowed in the interim is to make personal artifacts, earrings, and bangles. The most hateful thing is that we are now unable to sell those artifacts and we need a permit. Whenever tourists come to Zimbabwe, they must have a permit from their country of origin to import the earrings that are made of elephant tusks. Furthermore, whenever tourists come to Zimbabwe they must apply to the National Parks and Wildlife Management so that they can be able to buy earrings. This is so cumbersome and it is a deterrent to visitors to buy these ivory artifacts. We are not tired as Zimbabwe; we will keep on fighting so that we are not banned from trading in ivory. We thank the Zimbabwean Chiefs and our rural communities that went in full force and informed the delegates that our ivory belongs to us. The elephants are killing us and we need to be compensated. We will have a serious conflict if nothing is done about it and then we will take it up upon ourselves to sell our own ivory. I thank you. – [HON. CHIBAYA: Inaudible interjections.] –
THE HON. DEPUTY SPEAKER: Order, Hon. Chibaya we have
been quiet.
*HON. MAPIKI: Thank you Madam Speaker. Does the CITES
allow us to use the elephants tusks ivory as security like what Angola did because they used their own oil? We have $9 billion worth of ivory - can we use it as security? I thank you.
*HON. MUCHINGURI: Thank you Madam Speaker. I would
want to respond by saying that it is illegal because as it stands right now it is only countries like us, Japan and North Korea that have seen value in this. China has closed its domestic trade of ivory. So as it stands, our ivory internationally has no value, therefore, we cannot use it as security. I thank you.
HON. D. P SIBANDA: Hon. Minister, you said that the Chief spoke quite well at the CITES meeting concerning conflicts between humans and elephants and therefore there is need for us to benefit from those elephants. We know that the conflict is not everywhere in the country. For example, Harare does not have conflicts with elephants. Is there any direct Government policy that ensures that the communities which are facing conflict with elephants and other animals like Binga, benefit in terms of development from those wildlife?
HON. MUCHINGURI: Thank you Madam Speaker. I want to
thank the Hon. Member for that very important question. I want the Hon. Member to appreciate that we have four types of authorities in
Zimbabwe. The first one is National Parks, the second one, the Private Conservancy Owners, the third one, Forestry Commission and the fourth one is the CAMPFIRE programme. These are community owned programmes, particularly to assist those communities that suffer and live around those areas where these wild animals are found. So, yes, the CAMPFIRE programme was designed to benefit the specific area that he is referring to. However, because of climate change, we have discovered that, because in these areas, there is no water and people are not benefitting at all, animals are moving into communities and increasing the level of conflict. So, we are saying, given the opportunity that we are now allowed to sell and export live animals and trophies, the use of those resources sustainably will hopefully enable us to address the challenges that are being faced by these communities. Thank you Madam Speaker.
HON. N. NDLOVU: Thank you Madam Speaker Ma’am. My
question is directed to the Minister of Environment, Water and Climate. Hon. Minister, is it Government policy that ZINWA must put bulk prepaid water metres for the entire population of up to 10 000 people?
HON. MUCHINGURI: Thank you Madam Speaker. I want to
thank the Hon. Member for that question. ZINWA is responsible for selling bulk raw water to councils or farmers. It is an authority and that is their responsibility. I do believe that within 10 000 people, we also look at the capacity of the Local Government authorities, whether they are able to provide a resource which constitutionally, every member is expected within his/her right to enjoy and have clean water. Wherever there are 10 000 people, yes, we look at the capacity of the local authorities to make sure that they provide this very much needed service.
Thank you Madam Speaker.
HON. MATANGIRA: Thank you very much Madam Speaker.
My supplementary question is on water. In my constituency, we have a growth point where people live without water. What is Government policy on ZINWA and the Ministry of Environment, Water and Climate? Can people live without drinking water and sanitation facilities? Is it allowed?
HON. MUCHINGURI: Thank you Madam Speaker. The
question which has been raised by the Hon. Member is very important. As I have stated, it is the constitutional right of every Zimbabwean to have access to water. However, we need to appreciate that, because of climate change, we have had serious challenges due to drought where our rivers were not flowing and our boreholes and weirs drying up. We are making frantic efforts to make sure that we mitigate the situation and ensure that water is available in growth points and cities. We have put in place a committee, Special Emergency Committee, which identifies these challenges as they come in. We want to say that in other areas, we have been found wanting because funds are not available. However, I want to thank the World Bank and UNICEF who have come in handy to assist ZINWA and my Ministry to make sure that water, a much needed resource is availed in all areas. I thank you.
*HON. SITHOLE: Thank you Madam Speaker. My
supplementary question is that, since there are no finances to ensure that there are boreholes and water, can the Government not use the money that is being diverted to buy bicycles to repair boreholes and avail water to the people? I thank you.
*HON. MUCHINGURI: Thank you Madam Speaker. I thank the
Hon. Member for his question. However, that question should be referred to the Minister of Finance because he is the one who is responsible for the allocation of finances. I am responsible for Non Governmental Organisations (NGOs) and issues that relate to my Ministry. I cannot comment on issues relating to education, but I also need some money. I thank you.
*HON. MUTSEYAMI: Thank you Madam Speaker. Good
afternoon Madam Speaker, how are you? My question is directed to the
Leader of the House, Hon. Vice President, Emmerson Dambudzo Mnangagwa. My question is as follows; we have observed that currently, our country is suffering in terms of the economy. As Government, what steps have you taken to ensure that we fight against corruption because it has now become endemic. What policy has Government come up with to manage corruption? What are we doing as
Government to reduce corrupt activities or eliminating it completely?
Thank you Madam Speaker.
*THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): I thank the Hon. Member for his question which was to the effect that what is Government doing to ensure that corruption is eradicated in this country? Corruption can be eradicated by an Act of Parliament. I do not know if the Members in this august House feel that we do not have sufficient laws to fight corruption, we can come up with additional legislation. There is no other means to fight corruption except the laws of this country. We do have an AntiCorruption Commission which is a product of this House and they were empowered to fight corruption. Apart from that law, we have several other laws that deal with people who commit offences. If you murder someone you are arrested, if you fight you are arrested, if you steal you are arrested. So, if Members in this august House believe that there is a lacuna in the laws that we have, we will come up with such laws.
*HON. MUTSEYAMI: Thank you Madam Speaker. My
supplementary question Hon. Vice President, Emerson Dambudzo Mnangagwa is that you have said that there are ways to deal with corruption such as Anti-Corruption Commission, as Vice President who is the leader of this House, we have observed that there is endemic corruption in the newspapers especially concerning ZIMDEF where there was a misappropriation of funds. The Anti-Corruption
Commission wanted to arrest Ministers implicated in this case, Hon.
Prof. Minister Jonathan Moyo and Deputy Minister Dr. Gandawa. The Anti-Corruption Commission was barred from arresting the Minister and his Deputy. They were barred from arresting these individuals by the Hon. Vice President Mphoko. Once people are given a phone call direct in the Anti-Corruption Commission not to arrest a certain individuals - will the Commission work, will that become effective? Thereafter he went on the National television threatening this country that no Minister will be arrested because I have said so, if you arrest the Minister, you will distabilise the Government. Are we therefore going to allow Ministers to steal with impunity? Who is causing or promoting corruption here? The person who is protecting those who are corrupt!
May you please clarify Hon. Vice President?
*HON. MNANGAGWA: I thank the Hon. Member for his
supplementary question. What the Hon. Member should bear in mind is that in this country, this House and in his own understanding is that no one has immunity except the President. Everyone else in this country is fair game. They are not above the law – [HON. MEMBERS: Hear, hear.] – There is no one who is above the law. If the Hon. Member is aware that someone did not follow the law, they should go to the powers that carry out this work and then they will be able to conduct their duty.
HON. P. D. SIBANDA: Thank you Madam Speaker. I wish I
could also speak in Ndau or in Shona but none the less, let me put my supplementary question in English. Hon. Vice President, you have properly put it that everyone is subject to the law including the Hon.
Vice President, yourself and your colleague. However, it is on record Hon. Leader of the House that Hon. Mphoko, your co-Vice President has been interfering into processes of trying to address where there is suspicion of a crime having been committed. There is an issue of
Avondale Police Station where he physically and personally went and had to order the release of suspects that were under police custody. Is there any prospect that under those circumstances, law enforcement agencies will play their role properly when they know that the Executive hierarchy, including that of the Vice President can simply go and stop the actions that they would have taken? Thank you.
* HON. MNANGAGWA: Hon. Speaker, I would want to reiterate
and share the knowledge for the benefit of this august House. He said it is on record but he did not mention which record but we believe that there is record. However, if he could have further stated which record it could have been better for us. The current position is that two things could be done. You as an individual Member, are entitled to go to the law enforcement agency and say the law has been broken. If the police have seen that there is a law that was broken, the law enforcement agency will take its course.
HON. MAHIYA: My question is directed to the Minister of
Industry and Commerce. Some manufacturing companies despite
getting support through Statutory Instrument 64 of 2016 still need funding for retooling. What is the Government doing about this?
THE MINISTER OF INDUSTRY AND COMMERCE (HON.
BIMHA): Thank you Madam Speaker, once again I would like to thank the Hon. Member for raising that question. The objective of measures that Government took in coming up with the Statutory Instrument 64 of 2016 was to give some relief to our local producers to give them time to retool and re-equip and in so doing, they require funding. Government is putting up measures to facilitate those companies that have benefited from Statutory Instrument 64 of 2016 to access funding. We are doing that through the Reserve Bank of Zimbabwe. We are also doing that through arrangements within SADC and also through COMESA. In a very short space of time, we will be approaching those specific companies and giving information of how they can access that funding.
I thank you.
*HON. MATAMBANADZO: Thank you Madam Speaker. My
question is directed to the Minister of Industry and Commerce. It is in connection with Industry and Commerce in connection with ZESA and the manner in which it is distributing electricity to ZIMASCO and switching off ZIMASCO which has furnaces. If a furnace is switched off for a week, it causes losses of around $150 million. Twice the furnaces have been switched off. If we look at China and Turkey, it is the President who assigns for the authorization of the switching off of such furnaces because they are aware of the damage the switching off will do to the economy of the country. I thank you.
*THE MINISTER OF INDUSTRY AND COMMERCE (HON.
BIMHA): I thank you Madam Speaker and I thank the Hon. Member for his question. It is through that industry will not function if it has no electricity. We are grateful and believe that the electricity provider can discharge its duty without customers paying for the service. So, the consumers should be able to pay the service provider.
The issue that has been raised was discussed and we had a discussion with the relevant Minister of Energy and Power
Development. We said y that if ZESA so decides to switch off a consumer in the form of an industry, there should be a discussion between the parent Ministry and the Ministry of Industry and Commerce so that companies do not close. If there are any debts, there should be restructuring of the debt so that companies can continue to carry out their daily operations. This issue arose when companies that produce ferrochrome had challenges. It is an issue that we are seized with. As such, these issues are going to be dealt with. I thank you.
HON. MANGAMI: Thank you Madam Speaker. My question is
directed to the Minister of Agriculture. I understand that tobacco farmers are being given a 5% export. What is Government policy on also giving the cotton farmers since we are exporting the crop as well?
THE MINISTER OF AGRICULTURE, MECHANISATION
AND IRRIGATION DEVELOPMENT (HON. DR. MADE): Madam
Speaker, I want to thank the Hon. Member for raising the question. I think the only thing I can do with that question is to raise the issue with the Minister of Finance and Economic Development and also the RBZ so that we can see the validity of considering that position. I thank you.
HON. ZWIZWAI: Good afternoon Madam Speaker. Thank you for the opportunity that you have afforded me to ask my question. My question is directed to the Leader of the House, Hon. Mnangagwa. What measures has the Government put in place regarding the preparations for 2018 harmonised election in particular reference to the procurement of biometrical voter registration kits. We have a Constitutional challenge as we speak right now that ZEC is not in a position to fulfill its mandate to undertake continuous voter registration. So, we want to understand from you what measures you have put in place because ZEC has since announced that we are going biometric in the forth coming elections. I thank you.
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA) Madam Speaker, as Minister of Justice, Legal and Parliamentary Affairs, the justice component brings into view the issue of ZEC under that mandate. I am surprised that the Hon. Member is more informed about the activities of ZEC than ZEC briefs me. I can only inform the Hon. Member what I know outside what he knows.
It is true that we intend to go biometric which was an agreement between all political parties. That is the intention and we are working towards that. That programme is well advanced in terms of its implementation and funding, but the Hon. Member has just asked me what measures we have put down. I do not know what measures he has in mind except the measures to prepare, which we are doing. I thank you.
HON. ZWIZWAI: My supplementary is in two parts. First and foremost, when I asked you this question, I did not ask you in your capacity as Minister of Justice, Legal and Parliamentary Affairs because in Zimbabwe, we have an independent electoral body …
THE HON. DEPUTY SPEAKER: Can you please come to the
question?
HON. ZWIZWAI: I have to preface it because the way he answered it …
THE HON. DEPUTY SPEAKER: No, let us go to the question.
HON. ZWIZWAI: Hon. Minister, ZEC does not fall under the
Ministry of Justice, Legal and Parliamentary Affairs. ZEC reports to the President and Parliament. It is an independent body. We would like to put it clear to you that one of the reforms that we are calling for is that you should not call ZEC that it becomes answerable to you as you are confirming in this august House. I have asked you this question in your capacity as the Leader of the House in the absence of the Minister of Finance and Economic Development..
We already have got a Constitutional crisis as we speak, that ZEC is not in a position to undertake continuous voter registration. So, it is a fundamental problem that should not be dealt with in arrogance. It is a national issue that we are even at liberty to take you to court over that as the Ministry of Finance because ZEC is complaining about financing. We will not accept an arrogant answer on such a critical matter of importance.
THE HON. DEPUTY SPEAKER: Order, Hon. Member.
HON. MNANGAGWA: Madam Speaker, I will be very patient and walk the Hon. Member on how the State operates. We have three pillars of State- the Executive, the Judiciary and the Legislature. Now, each arm is independent but for practical purposes this why I am designated ‘Vice President responsible for Justice, Legal and Parliamentary Affairs’. Let me begin with the last one. What do you understand when I am called Minister responsible for Parliamentary Affairs? It means that in the Executive, I must present and represent issues that I am given by the heads of Parliament which they would want known or addressed by the Executive.
Secondly, what does Justice mean? In the Executive, there is no Judiciary. Judiciary is totally independent because the head of Judiciary does not participate in the discussions of the Executive and yet they need to be facilitated in implementing their mandate as Judiciary. So, there must be a Ministry of Justice. It is under that context that commissions depending on where they are allocated; some fall under Judiciary and others under the Ministry of Public Service, Labour and Social Services.
For example the Gender Commission, if they want their issues to be pursued by the Executive, they have to go to the Minister of Gender and Community Development. So, this is the basic understanding which I believe Hon. Members of Parliament understand. There is no arrogance in that; this is the practicality of how Government is run.
On the question of preparedness for the coming 2018 General
Elections which you call the Harmonised Elections, I have told the Hon. Member that Government is satisfied with the current preparations towards that achievement. I thank you.
HON. MAJOME: I want to thank the Hon. Vice President for his elucidation. My question therefore is, when then is this august House going to have the privilege of him tabling the Zimbabwe Electoral
Commission’s annual report to the House because this is the third time I am asking this question. There has not been a single independent commission whose report has been tabled before the House in order that it can be debated including the Zimbabwe Electoral Commission report so that Hon. Members can debate it and other reports.
HON. MNANGAGWA: The ZEC report was actually tabled. I
am willing to get a copy because I have a copy on my desk, if she missed her own copy from the pigeon hole. I am willing to give her a copy so she can satisfy herself but the report was tabled here in Parliament.
Questions Without Notice were interrupted by THE HON.
DEPUTY SPEAKER in terms of Standing Order Number 64.
HON. MAONDERA: I move that time for Questions Without
Notice be extended.
HON. ZWIZWAI: I second.
HON. BUNJIRA: My question is directed to the Hon. Vice President, the Leader of the House, Hon Mnangagwa. Is it Government policy that US$1 million missing from ZIMDEF, which is being confirmed by the Hon. Minister Prof. Moyo that it funded the one million-march - is it Government policy to fund political parties as alluded to by the Minister in the letter?
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Hon. Speaker, if I understood the question properly, it is not Government policy to steal or to fund illegally. I have not seen the letter but it is not Government policy.
*HON. MUKUPE: My question is directed to the Hon. Minister of Information Communication Technology, Postal and Courier Services. There was the issue of shared infrastructure; it was very topical last year. Has Government policy changed in that regard?
* THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON.
MANDIWANZIRA): I want to thank Hon. Mukupe for his question. The exercise has been completed, so we do not normally talk of what has been completed but of forthcoming activities. I am sorry that you may not have been informed of what has been done. We reached an agreement with all the industry players in the telecommunications that they should not have separate transmitters, they should share the infrastructure. They are in agreement that it is a good idea, they sat down and were being led by POTRAZ, the regulator, and they agreed on the regulations. The regulations were sent to the Attorney General’s Office so that they could be gazetted into law. They are not waiting for the gazetting of this law but are now in discussion on how best they can collaborate and work together. Telecel and NetOne now share the same towers. Econet and TelOne are already sharing infrastructure. This was accepted by the industry and it is now water under the bridge. I thank you.
HON. CHAKONA: As a follow up question, I would like to find out from the Minister how infrastructure sharing is going to impact on the tariffs for voice calls and internet services as well as how it is going to impact on the coverage in terms of how network operators are going to outreach areas that are marginalised at the moment.
HON. MANDIWANZIRA: The challenge that we have been
having as a country even as Government, is that we have a company called TelOne, Powertel and these companies have been competing with each other to establish infrastructure such as fiber optic cable. If you look at Harare and Bulawayo, we have three fiber optic cables and yet one cable can be sufficient for all the data transmission that is required for this country but we have put resources into one route. Therefore, the sharing infrastructure now means that if a new route is developed, for instance between Harare and Beitbridge, the other investor may look at Harare-Nyamapanda where service is not yet available. So, it will broaden the coverage of our broadband throughout the country. We have a mandate under SADC that by the year 2020, we should have made sure that 85% of our population has broadband access. In terms of data costs, once you are sharing infrastructure, it means that you are not loading up the cost of capital on every data package that you are selling because you are sharing with others. Where investment has been done by one company and everybody is sharing, it means that the more users you have, the less cost it is for the operators. We expect that that cost saving will be extended to the subscribers who at this point, are being over charged by some of the operators in this country. That is why we have insisted in infrastructure sharing and we are very happy that the industry has cooperated. I thank you.
*HON. CHAMISA: Thank you Mr. Speaker. We have heard Hon.
Minister Mandiwanzira talking about sharing of infrastructure that they were assisted by POTRAZ who is a regulator in that industry. There is the gateway policy or there is a single gateway policy and infrastructure. How is Government going to deal with that in line with the sharing of this infrastructure? How are you going to deal with the issue of the single gateway for each of those three that are now sharing infrastructure or how is that going to be handled?
*HON. MANDIWANZIRA: Thank you Mr. Speaker. I thank the
Hon. Member for the question which relates to the issue of the gateway. In as far as that one is concerned; the truth of the matter is currently that each company which can afford has its own gateway. This is the practicality of it today. This is what the law allows. As Government, we are having problems because the gateways are being used to steal money or abuse money. There are those that call from outside the country and bring in foreign currency.
When we phone outside, we also need to pay the companies that receive our calls. So the problem that we are having is that we are not getting the truth of the matter on the quantity of calls that are coming. Those that are going out of the country because it appears as if we are having more calls going out of the country as opposed to the numbers that are coming in. You know that the majority of our people in the Diaspora are phoning back to this country. We want a system that shows and proves - to vindicate the claims by those with the gateways. We are still investigating. We will be happy if the Hon. Member has suggestions on how we can deal with this issue. I thank you.
HON. NDUNA: Mr. Speaker, the ruling was made by the previous
Speaker. ...
*HON. CHIBAYA: Aizve, ndarecognizwa.
HON. NDUNA: Chimbomira. Mr. Speaker, a ruling was made by
the previous Speaker that I would have the next supplementary ...
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order, order please!
HON. NDUNA: Thank you Mr. Speaker.
THE TEMPORARY SPEAKER: Order, I did not give you the
floor. I will give you a chance after Hon. Chibaya.
*HON. CHIBAYA: Thank you Mr. Speaker. My question is directed to Hon. Minister Mushohwe who is the Minister of Media,
Information and Broadcasting Services. The Minister of Finance and Economic Development, during the Mid-Term Fiscal Review said there will be no bonuses for civil servants because Government was having difficulty in raising funds. You then went on to say civil servants are going to be paid their bonuses. Who is going to prevail in this issue? Are you going to prevail over the Minister of Finance and Economic Development or the Minister of Finance is going to prevail over you?
HON. CHINOTIMBA: On a point of order Mr. Speaker.
THE TEMPORARY SPEAKER: What is your point of order? *HON. CHINOTIMBA: Mr. Speaker, my point of order is that this question was given to the Speaker and we tasked the Speaker to come up with a response on this issue. We are posing the same question but the question is with Mr. Speaker. The question has already been posed and the Speaker is dealing with it. – [AN HON. MEMBER: Inaudible interjection.]- May you protect me Hon. Speaker. He does not appreciate what I am saying. In conclusion, I am saying we should not be posing the same question to everyone who comes to this august House. What response is the Speaker going to give, that is my point of order. Thank you.
THE TEMPORARY SPEAKER: Thank you Hon. Chinotimba
for reminding this august House that the question was posed to the Speaker. We wait for the Speaker’s ruling. I thank you.
*HON. NDUNA: Thank you Mr. Speaker. My supplementary
question was to Hon. Minister Mandiwanzira. It had to do with domestic roaming if there is infrastructure sharing by service providers. Are we going to have that domestic roaming in areas where there are none of the three players so that any person who uses that particular service provider could be able to access cell phones?
*THE MINISTER OF INFORMATION, MEDIA AND BROADCASTING SERVICES (HON. MANDIWANZIRA): Thank
you Mr. Speaker. I thank the poser of the question. The point behind infrastructure sharing is to ensure that when you are a subscriber to Net One, where there is Econet and there is no Net One, you should be able to access your service provider. The problem was that single service provider wanted to have more customers because they had more Base stations. As Government, we intervened and said that there should be a sharing of the infrastructure for the benefit of all the players in that place. Having more Base stations may be because you were in the right place at the right time but there are others that are more deserving in terms of using these Base stations and that when there will be the opportunity to renew your licence, we may not renew your licence.
So, they are now in agreement. What remains is to come up with the regulations to regulate this issue because there was a problem in that the service providers were not paying on time. Others owed some of the service providers for a long time. They were apprehensive that if there will the roaming whether domestic or international, are you able to pay for your service. Government is coming up with regulation guidelines that you need to pay within a stipulated period and that failure to pay, you may be disconnected. Domestic roaming in brief will be there. I thank you.
*HON. MUTOMBA: Thank you Mr. Speaker Sir. My question is
directed to the Leader of the House, the Vice President of the Republic of Zimbabwe and Minister responsible for Justice, Legal and
Parliamentary Affairs. Hon. Vice President, it is 36 years after we have attained independence. If you look at our legal system, especially the court system, we are still using one language in court. I do not know why we are using that single language. In Parliament, we currently use three languages and we will eventually reach the 16 languages target. Why do we have interpreters? The Magistrate would be a black man who understands Ndebele and the accused person would be Ndebele or Shona. Why should there be an interpreter? I thank you.
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Thank you Mr. Speaker. I thank the Hon. Member. He wants to find out why in our judiciary system we have interpreters.
He is questioning about interpreters in the Ministry of Justice, Legal and Parliamentary Affairs but we have interpreters that are upstairs, who are interpreting. The truth of the matter is that the law says we have 16 official languages in Zimbabwe and there are three that are used in Government documents, Shona, Ndebele and English. However, 16 languages are officially recognised.
In court, you are allowed to speak in your mother tongue. You are not confined to speak only three languages. You are allowed to speak any other language so the court has interpreters. This is to ensure that the court record which is compiled has it. I am yet to see a copy of
Hansard that is produced in Shona or Ndebele. I am speaking in Shona, some are speaking in Ndebele and others in English. The Hansard that we will have will be in English. This is what prevails. There is no language that is being looked down upon. Our courts are not even behind. It is a good practice that one should speak in their mother tongue in our courts, so that the court will be able to bring in an interpreter who will be able to convey the idea intended for the purposes of the record. That is how it functions. This is the state of the matter Hon. Mutomba, do not be worried by such practices.
In future, we should have a situation where all our documents will be in any of the 16 languages but my thinking is that as we develop with our technology, it may be possible that you press a button and you hear the interpretation or your mother tongue. Our official records are compiled in the three languages that I have talked about except Braille. In Parliament we are allowed to use Braille because we have members who can use Braille. So, we are duty bound to have some of our documents in Braille. We have a legal obligation to do that. The question that you have asked me is being dealt with not only in the court system but in Zimbabwe. As you see, the Reporter here is busy recording the translation that is coming through.
*HON. CHINOTIMBA: My supplementary question Vice
President is that we could liken the Speaker who is in the Chair to a
Judge or Magistrate. If I were to speak in Shona, he also speaks in Shona so that I understand. He will not respond in English. If I were to ask the Minister in Shona, he responds in Shona. The difference between us and the court is that when I speak in Shona and the Judge speaks in English, I will not understand. The Judge would be lying to me. Why does the Judge not respond in Shona? Those that would be interpreting to us would be lying to us and we do not understand.
We are saying why are we being forced to speak in English 36 years after independence? We have our own mother tongue. The Judge should speak in the person on the floor’s mother tongue. If I were to debate in my mother tongue, the Hansard personnel and Interpreters have a duty to interpret it into English but we want that change so that those ordinary people in court can understand what is being said. The Judge should not speak in English because we do not understand some of the language that is used. I thank you.
*HON. MNANGAGWA: Mr. Speaker Sir, I have heard what the Hon. Member has said. If you were listening, you will not have been as emotional as you have become. He has said that if a person speaks in Ndebele, the Speaker should respond in Ndebele. He is not forced to speak in a particular language. If someone speaks in Shona, he is allowed to respond in English. If someone speaks in English and you respond in Ndebele, it is allowed. If we were to say all judges should be conversant in all languages, if one speaks in Tonga and Shangani, the Judge should be conversant with all these languages, where are we going to find such judges? The person who is in court as a party should be able to speak with the judge. The interpreter will interpret so that the parties converse and understand what is being conveyed. We should not force judicial officers to learn all the 16 languages. We are independent and we are saying one should speak in their mother tongue. Thank you.
Questions Without Notice were interrupted by THE
TEMPORARY SPEAKER in terms of Standing Order Number 64.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
SUBLETTING AND COLLECTION OF RENTALS FOR CLIFTON
FARM BUSINESS CENTRE IN MBERENGWA
- HON. T. ZHOU asked the Minister of Lands and Rural Resettlement to explain why Mrs. S. Raft is still subletting and collecting the rentals for Clifton Farm Business Centre in Mberengwa when the farm was gazetted by Government in 2000 and the court had ordered the farmer to vacate the farm in June, 2016 and whether Government would compensate her since she is collecting rentals from tenants currently occupying the Farm Business Centre since they have submitted their applications to the Ministry in December, 2015.
THE MINISTER OF LANDS AND RURAL
RESETTELEMENT (HON. DR. MOMBESHORA): Thank you Mr.
Speaker. I have a question from Hon. T. Zhou. Thank you very much for your question. I will respond to this question in three parts:
- My Ministry is looking into the allegations raised regarding the sub-leasing of the Farm Business Centre so as to attend to the matter accordingly.
- The farm in issue was indeed acquired by the State and allocated to A1 farmers on approximately 3120 ha. The former farm owner was left in occupation of the remaining extent, measuring approximately 243 ha, which portion includes the Clifton Farm Business Centre. Sometime in 2015, we initially allocated the whole remaining extent to Hon. Zhou but a re-plan was then done for the farm leaving the homestead and business centre outside of the land which was allocated to Hon. Zhou. S. Raft is currently occupying the portion covering the homestead and business centre.
- Compensation for improvements on acquired land is in terms of the law and is accordingly inescapable. Every former farm owner is entitled to the full compensation of the improvements on their acquired farms in terms of the Constitution and the Government honours that obligation. Thank you.
*HON. T. ZHOU: In June, the courts ruled that the former farm owner should vacate the farm. So, I do not understand why your
Ministry is now interfering with the decision of the other arm of State.
HON. MOMBESHORA: Thank you Mr. Speaker. As I have
said, there was a re-plan that was done to the farm which excised the business centre. The Ministry of Lands is the planning authority and the issuing authority, as such they also act on recommendations that come from the provinces. This is why the farm has been re-planned and the former farmer has been asked to move out of the farm to pave way for the Hon. Member to carryout farming operations. The business centre is a separate entity and will be dealt with separately. Thank you.
*HON. T. ZHOU: Mr. Speaker Sir, I would like to find out from the Minister if sub-letting is allowed under the land redistribution policy.
THE TEMPORARY SPEAKER: Hon. Zhou, are you the
affected party? Why do you not visit the Minister and discuss these issues?
*HON. T. ZHOU: It affects Government because the former owner is subletting the farm. Therefore, she is involved in double dipping since Government will compensate her.
THE TEMPORARY SPEAKER: Hon. Zhou, it is best for you
talk to the Minister.
MEASURES TO IMPROVE THE WATER SITUATION IN
REDCLIFF
- HON. H. NCUBE asked the Minister of Local Government, Public Works and National Housing what measures the Ministry is taking to improve the water situation in Redcliff considering that residents are going for more than five weeks without water.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): Mr. Speaker Sir, I would like to thank the Hon. Member for the question. The Ministry acknowledges the water challenges being faced by the municipality of Redcliff, as a result of non-payment of water bills by the residents. Furthermore, this phenomena has resulted in the inability by Redcliff Municipality to pay Kwekwe City Council for the water supplies. As a result, Kwekwe residents cannot subsidise water to the Redcliff residents. The situation is also exacerbated by the fact that ZISCO STEEL has a huge water bill that they still owe to Redcliff Municipality and it has a big impact on the operations of the municipality.
As at 30th September 2016, Redcliff Municipality owes Kwekwe
City Council $1 822 065.00 and the Redcliff residents owe Redcliff Municipality over $2 million. Given this scenario, there is therefore need for civic leaders and Parliamentarians to conscientise their constituents on the importance of paying for services rendered in return for improved municipal service delivery. I thank you.
On the motion of HON. MATUKE, seconded by HON. GONESE, the House adjourned at Twenty-Four Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 11th October, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
MOTION
BUSINESS OF THE HOUSE
HON. MATUKE: 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. CHIKWAMA: I second.
Motion put and agreed to.
MOTION
PRESSIDENTIAL SPEECH: DEBATE ON ADDRESS
HON. NYAMUPINGA: I move the motion standing in my name that a respectful address be presented to the President of Zimbabwe as follows:- May it please you, your Excellency the President:
We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament.
HON. MANDIPAKA: I second.
HON. NYAMUPINGA: Madam Speaker, I seek your indulgence if I do not do justice to this motion because sometimes we do not know when we get the Presidential Speeches ready in the Papers Office. We get them late and usually it is a week in between but this time around , it was only a weekend but I will do my best.
Thank you Madam Speaker for according me this opportunity to debate this afternoon on the Speech that the President of Zimbabwe presented into this House on Thursday, 6th October, 2016. Allow me to thank and congratulate the President for presenting a very clear legislative agenda for the Fourth Session of the Eighth Parliament, which Parliament should follow.
The President proposed several Bills to be tabled in Parliament during this Session and I will cite all of them Madam Speaker. Bills to be tabled will be: the Constitutional Court Bill, the Rural District
Council Bill, the Traditional Leaders Bill, the Prisons Bill, the Marriages
Bill, the Coroner s’ Office Bill, the Small Claims Court and the
Commercial Court and the High Court Bill, the Judicial Laws
Amendment Bill, Zimbabwe Investment Authority Amendment Bill, the
Movable Property Security Interest Bill, the Insolvency Bill, Mines and
Minerals Amendment Bill, Minerals Exploration and Marketing
Corporation Bill, the Bill for the Establishment for the National Competitiveness Commission, a Bill on the proposed Re-organisation of the Civil Aviation Authority of Zimbabwe, the Regional Town and
Country Planning Bill, the Public Sector Procurement Amendment Bill,
Occupation, Safety and Health Bill, a New Labour Amendment Bill, the
Public Health Bill, the Youth Council Bill, Computer Crime and Cyber Security Bill, Electronic Transaction and Electronic Commerce Bill and Data Protection Bill.
It is a mouthful, Madam Speaker, that the Parliament has to follow this Fourth Session, which sounds to be very busy. Amongst the Bills, I am going to pick the Marriage Bill, I think you will understand that it is my passion – [HON. MEMBERS: Inaudible interjections.] –
THE ACTING SPEAKER (HON. DZIVA): Order Hon.
Members, can Hon. Nyamupinga be heard in silence?
HON. NYAMUPINGA: Thank you Madam Speaker for your
protection. The Marriage Bill is one of the Bills the women of Zimbabwe have been waiting for. There are many conflicting pieces of legislation to do with marriage, for example, while Section 78 (1) of the Constitution provides that, everyone who has attained the age of 18, has a right to found a family, the Marriage Act, Chapter 5.11provides that a girl between the age of 16 and 18 may, with joint consent of her mother and father, enter into civil marriage under the Marriage Act. The Marriage Act does not permit a boy below the age of 18 years to contract a marriage. There is need for a central registration of all marriages to comply with Section 80 and 81 respectively.
I will move to Prisons Bill, as I said earlier on that I will not articulate what all the Bills are seeking to do but my seconder, Hon.
Mandipaka, will run through most of the Bills.
On the Prisons Bill, it is my hope that it will enshrine deliberate clauses that will promote the well being of women in the prisons. Things like giving women sanitary wear, to avoid putting leg irons on women, more women to serve their terms on open prisons if there are light sentences so that they can visit their families because we all say musha mukadzi. The longer they stay in prison, when they come back there will not be a home to talk about.
If we have all watched some of the episodes that are run on ZTV about women prisons – we have seen that most of them by the time they come back, they have nowhere to go and usually they are unaccepted in the communities that they come from. They are also not accepted in their families where they were born. They will end up nowhere. If they serve under open prison, they will have time to go home, see their children and also look after their homes.
It is my hope also that on this Bill, there will be facilities for children to allow those women to serve in prisons with their children. This Bill must also spell out that the rations for the children must be provided in the prisons.
The issue of rehabilitation and integration into society, including psycho-social therapy, so that they can integrate and fit well into the society should be provided for in this Bill.
I would like to applaud the Government for the launch of 2016-
2026 STEM Policy that is coming soon because it is going to support
Zimbabwe’s quest for industrialisation and modernisation. Most countries with good economies put emphasis on science and support science subjects. It is my hope that the STEM Policy will have affirmative action clauses to promote girls to enter into the field of
Science.
Regional Town and Country Planning Bill – The Bill seeks to encourage investors to put up infrastructure in a short space of time without delays of waiting for plans to be approved. We all know that infrastructure is the cornerstone of development.
The Public Health Bill is actually repealing the old law that was enacted in 1924. Since then, things have changed in the world in that the world has moved and there are lots of challenges in the health sector today, things like HIV & AIDS which was not there in 1924, things like Cancers just to name a few and many others. We have seen medical societies short changing their clients. The Bill is going to regulate some of these challenges.
The growing incidences of droughts in Zimbabwe due to climate change – I would want to thank the President for his vision to alleviate hunger and poverty through the Presidential Grain Scheme and also the Command Agricultural Scheme. His motto of making sure that no one will die of hunger in this country is almost welcome. The scheme has been expanded not only to the vulnerable but also to everyone and not only to rural areas but also to urban areas. The impact of climate change has been felt in our country, hence the need for this House to ratify quickly the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising in their utilisation. Once tabled in this House, it is my plea to this House that it be ratified as quickly as possible.
The other scheme which I spoke about - Command Farming - my seconder will spell out how it is going to benefit the people of this country.
I would like to salute the President for proposing the Bill on the Ease to do Business Reforms with the objective of improving the local business environment that stimulates investment inflows.
As the Government embarks on the reforms, it should make sure that the plight of the people from rural areas including small enterprises and also rural farmers, for the ease of doing business should also be taken on board. I will mention as an example a small scale farmer in the rural areas of Domboshava who is producing fresh vegetables and has to come to the market sitting on top of boxes of tomatoes in a truck and we are talking of ease of doing business outside before we even deal with ease of doing business in this country. So I really applaud the President for actually looking at the reforms to compliment and support the local people.
I would want to suggest that when these reforms are being worked out or are being proposed, it will be good since this country relies more on agriculture to make sure that people in these areas where they produce vegetables like tomatoes; to avoid risking seeing them or having accidents while struggling in those trucks, we are expecting that the Government will make sure that these producers will sell from their areas where they produce and trucks are sent there to collect these vegetables and they are paid there because after they travel this risky journey sitting on top of tomatoes; they get to the market and makoronyera are waiting for them and they take everything. The farmers then go back home discouraged to go back to their farms or gardens.
This does not promote ease of doing business for rural people. Why do we not have these processing plants put in the areas where production is taking place. There is no point in putting something as far as Norton when the producers are in Uzumba, Mutoko, Chihota and Domboshava. For these farmers to get transport to ferry their vegetables will be a challenge. In the end, they will perish and are thrown away. We are expecting that when these reforms are being crafted, they will make sure that these processing plants are put in the relevant places where they will be utilised by the local people.
I will move to the Manufacturing Sector, the President spoke loudly on the challenges being faced by our …
HON. MUTSEYAMI: On a point of order. Thank you so much Madam Speaker and good afternoon. The Hon. Member is doing a presentation of a Presidential Speech but she is skating around the issue of Robin Hood. The issue of abuse of funds…she is not speaking about what is happening about Jonathan Moyo. I think it is a good idea that that is included. Thank you Madam Speaker.
THE ACTING SPEAKER: Order, order Hon. Members. I would like to advise Members of Parliament not to abuse the Standing Rules or the Privileges that you have in Parliament.
The Hon. Member is still debating the Presidential Speech and there is nothing that I see as being out of order. You are actually out of order Hon. Mutseyami. Hon. Nyamupinga, you can continue.
HON. NYAMUPINGA: I will now move to the manufacturing
sector. The President spoke loudly on the challenges being faced by our manufacturing sector which included among others cheap imports. The issue of cheap imports will not get this country anywhere. Our economy will not grow from cheap imports. Our people out there always cry that if Government bans cheap imports, how will they survive. I would like to applaud the Government for putting in place Statutory Instrument 64 which has already started showing positive results and I think because of these positive results, most of our people are now moving away from cheap imports. Why do we not all sign up to “Buy Zimbabwe” that when you get into a supermarket where there are local and imported products, one chooses to buy local products first before we even look at the imported products.
Madam Speaker Ma’am, I will also now move to the Movable Property Security Interest Bill which seeks to increase access to credit for the majority of our emerging entrepreneurs. I would want to thank the President for taking this move of having this Bill brought to this House as this is going to alleviate problems of collateral especially for the women who are the majority of the entrepreneurs who do not have immovable property since most of the land, houses and buildings are owned by men. Women end up not getting loans because they do not have collateral but with the coming in of this Bill, I think most women will now be able to access loans from the bank and grow their businesses. All entrepreneurs out there have been waiting for this move Madam Speaker Ma’am.
The new Companies Act which is going to be tabled in this session is most welcome because there is a lot of bureaucracy involved in registration and smooth operation of new businesses. Some investors
end up giving up mid way. There is need for one-stop-shop to speed up some of these processes.
I am pleased Madam Speaker Ma’am that the President in his speech, emphasised the issue of boosting local power generation capacity. The Kariba South Power Expansion Project is near completion with 150MW expected to be ready by December 2017. The Hwange Power Station Expansion Project and the Dema Diesel Power Generating Plant will also improve the generation of more electricity in this country and this will see mostly our farmers improving their activities at their farms – high production of wheat which is sometimes deterred by shortage of electricity. Production in the industries will now be 24 hours as there will be no shortage of security. With high production, there will be high GDP in this country and the economy will grow.
In conclusion, it is pleasing to note that the President continues to preach messages of peace and tranquility. It is important for the
Zimbabweans to maintain peace and tranquility for economic and social development in this country. Since the President is always on record of preaching peace, everyone should actually sign up to preach peace from our various constituencies as Members of Parliament and also as
Zimbabweans at large. I thank you.
HON. MANDIPAKA: Allow me to thank Hon. Nyamupinga for
moving this motion which will facilitate debate in the presentation that was made by His Excellency, the President when he officially opened the Fourth Session of this Parliament.
Allow me to congratulate His Excellency for finding time and energy to present himself in this august House and give us a clear road map of the work that should be before us during this session. As you are aware Madam Speaker, the President of the Republic singled out various Bills that will appear before this august House. I will not be able to comment on each and every particular Bill that was singled out in his speech but I will choose a few of those Bills that will be coming before us in which I am going to make some comments.
This august House should be preoccupied with the duty to ensure that we realign the laws to the current new Constitution. The nation will appreciate that we have some challenges here and there to ensure that we completely accomplish that task. Be that as it may, it was important to notice that the President of this country is still aware that we need to realign the laws of the country.
The legislative agenda was clearly set in this august House and in my view, it is instructive. What that means is that as we zero down on our day to day duties, we must give priority when these Bills come so that in the end they become law. What I notice from the Bills that shall come before us is that the Government of Zimbabwe was making tireless efforts to ensure that they address challenges that we find in the economy, addressing these challenges through legislative provisions. We need to applaud the Government of Zimbabwe and the President of the Republic for taking time to look at those critical Bills that must be brought here so that we improve the welfare of our people.
In his presentation, for lack of a better word, I want to view the speech as a masterpiece. I would want to look at the conclusion which was given by His Excellency. I was impressed by the call that the President made that of peace! peace! peace! Peace begins with an individual. Peace begins with a family unit. Peace begins with the community and generally, peace should begin with all of us as a nation. Once we want our economy to improve in an environment that is volatile, we are not going to get anywhere. There is need for this august House to preach peace and there is need for the nation to uphold and maintain law and order so that what we do is going to be a success to the entire nation. I was impressed by the conclusion that the President gave when he called upon all Members in this august House and the nation at large to uphold peace.
I was also attracted by the fact that the President said Government is committed to better working conditions for Parliamentarians. He cited an example of a new Parliament building that is being constructed under the Chinese grant. I want to take this further to say, if Government is committed to the welfare of Hon. Members in this august House, it also has to look at certain incentives like our allowances to make sure that the allowances are at least escalated and brought to a level where we can get satisfaction and be able to perform our duties in our constituencies, then we are happy.
I would also want to state that we waited in anticipation to hear His Excellency talking about the Constituency Development Fund Bill; apparently that was not to be. I can assure you Madam Speaker, if the Act is brought in this august House and funds given out to Hon. Members of Parliament, this will motivate Members of Parliament to be able to perform their day-to-day duties in our various constituencies. So we still call upon the Executive to bring the Constituency Development Fund Bill to this august House so that in the immediate future, we are able to get the monies and disburse for the promotion of development in our various constituencies.
Madam Speaker, let me also look at ZIM-ASSET which the
President talked about. ZIM-ASSET is our panacea for economic development. What is not impressive as we speak right now is that we are not aware of how much effort has been put in the implementation of ZIM-ASSET. We were going to be in a better place to get from the Executive what has been done so far in ensuring that the four clusters that are mentioned in ZIM-ASSET have been addressed. I want to strongly believe Madam Speaker, that the blueprint could be a very fine document, but we have not done so much in ensuring that the four clusters of ZIM-ASSET have been satisfied.
We talk of food security and nutrition; infrastructure and utilities; and value addition and beneficiation. I want to believe in the mining sector Madam Speaker, there is very little that has been done to satisfy this point on value addition and beneficiation. There is also social services and poverty eradication. So Madam Speaker, the call that we can make as Parliament is that ZIM-ASSET, whilst it is a very important national document, we need to make sure that we move with speed and implement what we have set ourselves to do in ZIM-ASSET despite the problems that we face as a country.
Madam Speaker, we accommodate amendments to the Special
Economic Zones Bill in relation to labour laws. We understand that this Bill passed through Parliament and because there are certain reservations that were observed; when it comes back to Parliament, with speed Madam Speaker, we must be able to accommodate those reservations so that issues to do with labour are adequately and properly addressed –
[HON. NDEBELE: Inaudible interjections.] –
THE ACTING SPEAKER: Order Hon. Ndebele, let the
Honourable members speak.
HON. MANDIPAKA: We also intend Madam Speaker as a
nation, to establish these economic zones so that we attract foreign direct investment. It is very important that foreign direct investment is attracted. Madam Speaker, where we have differences as a country, politically we can always sit down, mediate, negotiate and come to an understanding. Once we do that, we are going to build this great nation of Zimbabwe.
Madam Speaker, let me also look at the Traditional Leaders Bill that is going to come before Parliament. I think it is very important to support this Bill when it comes because for a long time now, the welfare of our chiefs leaves a lot to be desired. We need to understand that our chiefs are the custodians of our culture, traditions, norms and values and as a country, we want to give due respect to our chiefs in terms of their welfare. So when this Bill comes before Parliament, Madam Speaker, I call upon Members of Parliament to support it.
We also want to thank Government for coming up with initiatives especially one to do with the ease-of-doing-business because we noted in the past that there was a lot of bureaucracy when people want to invest in this country. Because of the initiatives that Government has put in place, there is going to be an improvement and we are going to see investors coming to invest in this country.
Madam Speaker, let me also make some observations on the manufacturing sector and also applaud the promulgation of Statutory
Instrument 64 of 2016. Madam Speaker, we need the Buy Zimbabwe which is a very important campaign because it necessitates our locals to manufacture their own products which will find market in this country apart from getting some inputs from various countries.
An Hon. Member having passed between the Chair and the Hon.
Member speaking.
THE ACTING SPEAKER: Order Hon. Member, can you please sit down. You are crossing between the Hon. Member on the floor and the Chair.
HON. MANDIPAKA: Madam Speaker, we want to promote the
very goods that our own people manufacture in this country. It could be cooking oil, soap, candles or whatever, instead of going out to South Africa and other countries to import these commodities, it is better that we promote ourselves.
Madam Speaker, there was mention of improvements in ARDA by His Excellency. We want to congratulate Mr. B. Nyabadza who is actually the Chairman of the Board of ARDA for the efforts that he has made in ensuring that we revive our ARDA estates. Madam Speaker, let me make a comment on parastatals and good governance. It is very important that if we want to avoid leakages, we must as a matter of urgency, be able to be transparent and accountable in the manner in which we deal with public funds because this is one area that is bleeding our economy, corruption Madam Speaker. I am happy to note that the
President of this country talked about it but it is high time Madam Speaker, that we must see action being taken.
We also want to thank the STEM policy which is a very critical policy for our students in secondary schools because it is going to attract students to want to do science and mathematics subjects. This is important for the vision that we have for the country. Remember Madam Speaker, we are living in a world of technology and once our children are equipped with technological aptitude, they will be able to run this country even after we have perished.
Madam Speaker, the Government of Zimbabwe remains committed to the empowerment of youths. It is important to acknowledge that His Excellency at one time, if you remember very well, made clarifications in terms of indigenous economic empowerment and the Indigenisation Act. There is commitment to ensure that our youths are developed and empowered. We call upon the Executive and the nation to continue empowering our youths because they are the vanguard of our struggle and independence. With that Madam Speaker, I would want to rest my case. I thank you.
ANNOUNCEMENT BY THE ACTING SPEAKER
ZANU PF CAUCUS MEETING
THE ACTING SPEAKER: The ZANU PF Chief Whip, Hon. L.
Matuke would like to advise that there will be a Caucus Meeting for
ZANU PF Members of Parliament and Senators on Wednesday, 12th October, 2016 at ZANU PF Headquarters at 0930 hours. Be punctual and you will be advised of the agenda. Please attend.
HON. CHAMISA: Thank you Madam Speaker. I wish to thank and appreciate this very important address to Parliament by the President of the Republic of Zimbabwe, R.G. Mugabe. I want to appreciate this speech in two ways. The first is through appreciating the things that
were mentioned and that are of paramount significance for national development and progress. The second one is to also highlight what I think was not said is to also highlight what I think was not said and ought to have been said by the President. In saying this, I want to appreciate that fact that there is a realisation in the corridors of Government on the desirability and need of having e-policies and elegislation, in particular the Computer Crime and Cyber Security Bill, the Electronic Transactions and Electronic Commerce Bill and the Data Protection Bill that are very important. But I must also hasten to say in as much as these Bills are very important; this is not the first time the President has highlighted that the Bills are supposed to come before Parliament. If you remember two or three speeches ago, the President made mention of these Bills, but these Bills did not come to Parliament.
So, it is very important that the President has indicated that these Bills are going to come before Parliament because as it is, in terms of our ICT platforms, we have insufficient mechanisms to protect the consumers and the citizens particularly when it comes to electronic transactions, cryptography, digital transactions as well as digital signatures. Those issues are not covered by the law and ought to be covered by the law. So, I want to appreciate this very positive development, but let it not be a victim of principle versus practice controversy where we have a bold declaration in principle, but in terms of practice, we have a deficit of action, a deficit of traction and a deficit of direction. We just hope that we are going to have these Bills coming to Parliament to also give significance to our national impetus and development.
I also wish to aknowledge what the President mentioned in terms of the energy sector, that in terms of us moving forward as a country, we definitely need to make sure that we have infrastructure in place, not just energy but also our transport, water and communication. It is imperative - yes, it was mentioned, but I believe and I feel representing the people I represent in the august House that not enough is being done by Government to explore other sources of energy particularly the solar platforms and the wind platforms because we must be the first country
on the continent to explore alternative sources of energy other than just the hydro platform. It is possible. We have the expertise; we have the engineers - let us go on to explore this alternative. Let us also go on to explore the issue of water resources. There is no reason why we should be having droughts in this country. In fact, I was going through some of the plans that were done by Mr. Smith - [HON. MEMBERS: Inaudible
interjections.]-
Indeed, you must know that when you are serious about governing you must look at your history and check what was done and what was not done. Mr. Smith had done a lot of work in terms of damming and dam construction in this country. We simply have to revive the dam construction projects that were put in place for this country. Those dams, if we are to resuscitate them, we are to rejuvenate them and revive them, our country is going to be a green belt throughout the year, irrespective of whatever rainfall we will see, because we have a plan that is designed and we just need to revive that. So, it is my wish that the
Minister responsible is going to look at this very seriously to make sure that our country does not become a victim to the vicissitudes of weather and the climate.
It is very important, Madam Speaker, that in highlighting the positives that the President gave, I also wish to indicate the things that I feel the President did not touch upon. Either he did not think about them or he did not say something about them or both. Having said that I, just want to mention five critical issues I felt were supposed to be part of the speech of the President.
The first one, it is clear that corruption has become endemic. In fact, corruption has become the stem of this Government. You know that Prof. Jonathan Moyo mentioned about STEM. Corruption has become the stem of this Government. So, I thought that the President would have mentioned something about corruption. You know that it is the President who blew the whistle on the disappearance of US$15 billion, but we have not seen corresponding action within the corridors of Government to deal with these malcontents, to deal with people who are parasitic in terms of resources of the State.
We have seen that we have vampire instincts within the corridors of Government, but those vampires continue to suck the blood of our economy ad infinitum, without any reprimand. I would have felt and thought that the President would come here and tell us that so and so has been arrested, that one has been caught on the wrong side of the law, but alas! In the speech, in fact I looked carefully at the paragraph, the President was looking at the economy and the problems that are buffeting our economy. He mentioned the issue of aggregate demand, being subdued, liquidity constraints, high interest rates, the issue of subdued foreign direct investment and limited fiscal space.
Of course, the good thing is that the President now has come to the world of reality. He is no longer mentioning sanctions. It is a very positive thing. He realises that it is not an issue. It is no longer about sanctions but it has to do with deficit of governance. So, I want to applaud the President for finally coming home and coming to the party in realising that it is not about the figment of imagination when you think about the so called restrictive measures, it is about the deficit of our governance, it is about corruption; corruption which has become a national anthem in this country, corruption which has become almost a religion in this country, corruption which has become part of the fabric of who we are as a people. You go to the Church there is corruption, you go to the police there is corruption, you go to the Government there is corruption. You go everywhere there is corruption and you must be able to make sure we deal with this corruption which has affected the stem of the country.
It is our wish, Hon. Members, let us lead the charge. Let us lead the charge in fighting corruption. Let us lead the charge as Members of
Parliament in the case of who stole our diamonds - [HON. MEMBERS:
Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members, order
Hon. Chamisa. Order, order!
HON. MUPFUMI: On a point of order Madam Speaker. The Hon. Member should speak facing the speaker, not addressing us as though he is - [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order, order. Hon. Chamisa
you may continue and please focus on the Chair.
HON. CHAMISA: Thank you very much. I will focus on you Madam Speaker. I realise that Hon. Mupfumi is very jealous, but he forgets that I am no - [HON. MEMBERS: Inaudible interjections.] – I am actually surprised. I am surprised because the issue of corruption has nothing to do with the party. The issue of corruption is supposed to unite Members of Parliament because it is a national problem. It has nothing to do with ZANU-PF at this moment in this House. It has nothing to do with MDC at this moment in this House, but it has everything to do with the corrosion and erosion of our national dignity as a people. If we allow corruption to be institutionalized, if we allow corruption to become a yardstick of how we govern ourselves, we are defeating generations that are yet to come. We are simply squandering national resources on the basis of elements that are corrupt. We have never seen the big fish being victims of their corrupt activities; if anything, our jails are full of the small fish – the Kapenta being arrested by the big fish who are equally if not more corrupt than the Kapenta.
We want to appreciate that even in our African tradition; we know that a fish rots from the head. Whenever there is corruption in a country, you will realise that it is more endemic and more pronounced within the top echelons of power. We need to make sure that as members of Parliament across the political divide, we stand up for good governance, we stand up for clean government, we stand up for condemning those who raid national coffers, those who raid national resources. It is our as Members of Parliament. We are paid by tax payers to defend them not to shepherd them to the slaughterhouse of corrupt sharks in this country. We want to say in terms of corruption – I did not hear what the President has got to say. In fact, the President has not pronounced himself on issues of corruption, particularly in this speech.
In the past he has said something. It is good to be very bold on paper but in practice we seem to be lacking in terms of the action that we are supposed to take. Corruption is just rampant across the political spectrum, religious spectrum; people have to be dealt with by a Government to make sure there is no corruption in the country. Even in terms of employment - you investigate even in the corridors of
Government, it is who is who. Those who are not related to the big guys will never have an opportunity to be employed effectively and meritocratically.
If you look at regions, again there is corruption there. You look at Air Zimbabwe the Government promised that there was going to be 2.2 million jobs, only one job has been created at Air Zimbabwe – [HON. MEMBERS: Laughter.] – this brings me to my second point, job creation.
It is clear Madam Speaker that jobs have been decimated, jobs have just disappeared. It is clear that factories are closing but the
President does not mention this, yet he indicated to the people of Zimbabwe that he was going to create 2.2 million jobs. We would have wanted to hear how far he has gone in creating those jobs. He did not say a thing. So, that is what is missing in his speech. I feel that the President is supposed to give us answers about where the jobs are going, he is supposed to give us answers about his plan to create jobs for the people of Zimbabwe instead of just coming here to lament about problems.
People are not elected into Government to come and whine about problems, they are elected into Government to come and give answers and solutions. You are aware that even Smith during his time, had sanctions imposed upon him but he had to look at a sanctions busting mechanism which is something...
THE ACTING SPEAKER (HON. DZIVA): Hon. Member, I
would like to remind you that you have five minutes left.
HON. CHAMISA: I am very conscious, in fact I am done. I just wanted to mention the issue of corruption and the issue of the jobs that are not being created, except that one. So, it is very important that the President is seized with the issue of job creation, but not only that, we also want to hear about devolution. In the Constitution we have devolution clearly articulated but nothing has been done to devolve authority, to devolve the national wealth. You look at the national question in Zimbabwe, people in Matabeleland, Masvingo, Manicaland, Mashonaland, Midlands are complaining. Why, because there is no equitability in the distribution of the national cake. There is no equitability in the distribution of national wealth. That issue has to be resolved. We have a Constitution which brought about the issue of devolving powers, but the provincial councils have not been set up and have not been established, which is a fundamental problem.
The President does not say a thing about it, he has not obeyed the Constitution and he is supposed to obey that Constitution. The issue of devolution is very important, we want to see the provincial councils in place, we want to see the accountability of Government in implementing the Constitution; nothing has been done about this. Madam Speaker, I feel that the President said a lot, but he also forgot to say so much and some of the things that I have highlighted are very important.
Last but not least is also the worry I have about our abuse of the President. You know that in our tradition, we are not allowed kuti ugare pasi pemuti mukuru akabata gejo hazvibvumidzwe mvura hainaye.
*His Excellency the President is our leader; we must give him the opportunity to rest. As a country we have rights to let our President rest. He fought an arduous war in leading our country; we must respect him for that and allow him to rest so that we have youthful leaders to lead our country. We must respect our President as a war hero who fought for the liberation struggle.
I was reading the Road Traffic Act, it says someone who is 65 years and above is not allowed to drive a commuter omnibus or a bus because of his/her age, what of leading the country? - [HON. MEMBERS: Laughter.] – I want to thank you Madam Speaker for giving me this opportunity to debate.
THE ACTING SPEAKER (HON. DZIVA): Order, Hon.
Members. I think Hon. Chamisa, the last part of your speech where you are suggesting that there are unconstitutional things that are in His Excellency’s speech. I think you are actually the one who is misplaced because the President has the right to state what he wants in his speech, because it is his speech. So, I think there is nothing unconstitutional about his speech – [HON. MEMBERS: Inaudible interjections.] - I would also like to clarify that the President is elected and constitutionally has got a right to stand at whatever age he has at this stage.
*HON. CHAMISA: Madam Speaker, I thank you, maybe you did not understand, in my speech I did not say what the President did was unconstitutional. I said in my considered view there are certain issues that were left out.
THE ACTING SPEAKER (HON. DZIVA): You have already
spoken that he left out those issues, and that was unconstitutional. It is on record.
*HON. CHAMISA: May be you did not understand what I said the record will show that I have pointed out what was left out and what was done in terms of the Constitution. If it was unconstitutional I would have told him and not you, Madam Speaker. I am putting on record what has been left out and I have every right to do that. I want to set this country correct. A lot of people are supposed to put this right for the well-being of the nation. You cannot have your head shaved in your absence. I do not have a grudge or hatred against the President for anything, I love him so much. If you were to consider who is loved more maybe I am much loved more by the President, for the person who tells you the truth is the one who loves you most.
*THE ACTING SPEAKER (HON. DZIVA): I will go further to
remind you that the same Constitution allows the President to remain as President of the country without anyone belittling him because of his age. We should not set the Constitution of the people aside. President Mugabe was elected by the people until 2018.
*HON. MAPIKI: Thank you Madam Speaker. I thank you for the opportunity that you have afforded me. First and foremost, I would want to thank the President for his speech. I am glad that he has sent back to this august House a Bill that deals with the issues of the Economic Processing Zones, which touches on labour issues. I am glad that he noticed that in this country, the workers have not been taken into consideration on how they should earn a living. As Members of Parliament, when we look at issues of the workers, we have overlooked the fact that the workers were oppressed.
Furthermore, in terms of job creation, Government wants to create a lot of jobs. The clauses in that Bill have certain shortfalls that would not lead to a creation of a lot of jobs. I would like to thank him and commend what has been said by Hon. Chamisa that the President should come to this august House and inform us how he is going to create the jobs and what duties he is going to carry out. The major duty of the President is to give us an opportunity to go about our duties. It is not his duty to talk about how we should create employment. It is the duty of the private sector and Government to come up with how best we should create jobs so that our children can be employed and eke out a living.
The President also touched on the issue of Small to Medium
Enterprises (SMEs). He found out that these SMEs can create a lot of jobs. We are now more inclined towards the informal sector than the formal sector and as a result, our children should be entrepreneurship bound instead of being job seekers. We should accept this trend because we no longer have conglomerates that are creating jobs. The informal sector is now creating jobs.
The President also talked of challenges of the need for the formalisation of the informal sector. The Bill that would formalise the formal sector is yet to be brought before Parliament. We should accept that the economy of this country is in the hands of the SMEs. The responsible Ministers should come up with ways to ensure that there is formalisation of these SMEs.
He talked about the Mines and Minerals Amendment Bill and the exploration of other minerals. That Bill is yet to be tabled in this august House. A lot of gold that is being delivered to Fidelity is coming from small scale miners, the artisanal miners. On the legal side, there is no corresponding legislation to favour this new position about artisanal and small scale miners. Other companies are closing down because of various problems. We now believe that small scale miners now hold the card for us to ensure that we revamp our economy.
There should be legislation to decriminalise artisanal mining. Currently artisanal miners and small scale miners are either being taken over by large companies or chased around by police officers for possessing gold. We should have an enabling environment for the growth of small scale and artisanal miners so that they can carry out their activities without criminalisation.
Artisanal miners who practice river bed mining are being arrested whilst large scale companies are doing this with impunity. The issue of mining should be brought to this House as soon as possible so that we can set our economy on the right track.
He also talked about Command Agriculture. We do not have a policy regarding that programme. We dealt with the issue of land reform and resettlement, but we did not come up with a policy to deal with the ownership of that land. The President wants this country to prosper once we come up with such a policy to guide us as farmers. He urged that there be proper management of parastatals. ARDA has a lot of farms which should be put under cultivation so that there will be a lot of wheat production so that we desist from buying wheat from Brazil and other countries. Prisoners should also be involved in agriculture so that they can be self-sustaining and be able to sustain the country.
He also touched on the issue of bond notes, the legal framework that enables people to be confident about the use of the bond notes and coins so that people will be assured that they will not lose their money. The situation we had in 2008 where people were converting the Zimbabwean dollar into foreign currency should not be repeated but we are seeing it coming back that people are likely to pay certain amounts of money after withdrawing their money from the bank because of the unavailability of hard cash. We may be going back to the system colloquially referred to as ‘burning of currencies.’ This situation causes lack of confidence in the banking sector by the society. We therefore need legislation to be in place to protect depositors. Banks should also have incentives for wholesalers like Mahommed Mussa so that when they deposit their money and later seek to withdraw the money, the bank should be in a position to allow them to do so. That will improve the liquidity crunch that we are currently facing.
There are other shops which sell clothes and do not bank their moneys. Recently, there was a report that US$60 000 was stolen from a certain Indian national, which shows that they are not banking their money. It should be made compulsory for traders to bank their money. People who come with money from the diaspora should easily access their money; they should be given an easy access to withdraw their money so that there is investor confidence.
Diasporians should be given favourable conditions to invest in the economy of this country. Zimbabweans should have a paradigm shift and invest our money in the manufacturing sector. I say so because a lot of people are building houses on mountains in Highlands and Gunhill suburbs, which shows that a lot of people have a lot of money but they are misdirecting their funds. If the money that is being used to construct these mansions was to be ploughed into entrepreneurship, the economy of this country would improve. We should support the manufacturing industry and there should be legislation to that effect so that our economy can improve. Madam Speaker, that is all that I would want to say. I thank you for the opportunity that you have granted me to contribute on the Presidential Speech. The various Ministers with various portfolios should have a positive attitude and work hard so that everything that is in the ZIM ASSET blue print should now be producing results. ZIM ASSET should not be a talk shop.
Lastly Madam Speaker, the previous speaker raised an issue that the President – [HON. MEMBERS: Inaudible interjections.]-
THE TEMPORARY SPEAKER: Order, order! This is an
important debate; let us behave like an august House and not a beer hall. I urge Hon. Members, those that would want to discuss should have their discussions in whispers. If they cannot contain to whispers, they should leave the Chamber and discuss elsewhere.
HON. MAPIKI: Thank you Mr. Speaker. The last issue was
raised by the previous speaker that the President should now retire.
When one is leading we look at the wisdom and the leadership. Age is not a requirement, whether one is young or old, we talk of his wisdom and intelligence that he would lead people to greater heights. Even a 60 year old or 45 year old, they do not have national intelligence, they will have difficulties.
We are observing that in here, a lot of money was given, people were sent to school instead of them coming up with bright ideas to take this country further; people are now saying they have had enough and they are taking to the roads for demonstrations. So, it is not an issue of someone getting old. Grants were made available; students went all over the globe, Cuba, China, to mention just but a few. Mothers had to make sure that they make clay pots to ensure that they send their children to school as well as selling their cattle. When they came back from attaining such high qualifications; they asked the parents where the cattle have gone to – it is a mockery of the whole thing. We are talking of the wisdom that people should have, that is why we want the President to continue because the young ones that we have do not have wisdom.
HON. HOLDER: Thank you Mr. Speaker for giving me this opportunity to contribute to this noble debate which was moved by Hon. Nyamupinga. I would want to thank Hon. Mandipaka for seconding that debate which is so good. I would also like to thank His Excellency for presenting this speech which sets a lot of guidance towards this
Parliament.
However, Mr. Speaker as we all know that Zimbabwe has suffered a lot in terms of draught, anything that has happened right now, as we know water is life! Without water, we have no life. The President did takes note that this country really suffered due to drought but I wanted to contribute and say this is also because of climate change and we need to adapt because our rain season, winter season and all our seasons have actually changed. I would also wanted to say that what we need to do is to make sure that our dams in the rural areas, in different places need to be scooped and Government does not have the capacity to clear all the dams because some of them have been washed in 2000 when Cyclone Eline came. Now, we are seeing cattle, goats and all sorts of animals suffering and even people travelling to long distances because there is no water. I would also want to recommend that at least with the issue of dams, if Government could enter into a public, private partnership and de-silt the dams so that we could harvest more water and I think that will alleviate the problems we are facing in terms of water, food and irrigation schemes.
I would also like to take note that the President spoke about low revenue collections, high interest rates. We take note that currently we have financial constraints, you try to go to the bank where you are only given a US$100; you do a transaction today for a US$100 again the bank charges you; you transfer your money from the bank to Ecocash and there is another charge again. So, obviously you are going to have high interest rates because of these transactions. Every transaction you take, where you could get a US$1 000, you are going to pay so many bank charges and you find that it contributes to high interest rates. If something can be done, I think I will ask the Finance Minister to look into that because as Members of Parliament, you may not take note but my father told me that take care of the cents and the dollars will take care of themselves. Now, if we do not take care of the cents, you find that the interest rates will be very high and we always wonder what is going on.
I want to take another swipe at what His Excellency spoke about the ease of doing business; the One Stop Shop, which is a welcome remark. When we over regulate certain departments, we have a challenge where you find it is so cumbersome to do business. When you want to venture into mining you have to be holding 22 Acts of Parliament that you have to adhere to, 22 different types of taxes including EMA, Local Authority, there is actually a duplication of collection of taxes, you have royalties, local authority which is the land development levy, MMCZ a tax again but all that is one and the same tax. You find that has a lot of hindering in the ease of doing business.
Mr. Speaker, there is an issue where the President spoke about collateral registry where we should be able to register immovable properties. A lot of people do not have title deeds to houses but they have got the idea of doing business. They do not have title deeds but they have got cars, cattle, different immovable property that you will be to register in order to get collateral. So, I think that is a welcome remark because you find a lot of people, the moment you put something as collateral that shows that you are confident in what you are going to do and no one wants to lose anything. Even you seating there Mr. Speaker, if you come and say Mr. Holder, hold my jacket and I will give you $50.00 and I say I will hold it and you will give me $50.00, you are more than confident that you will be able to pay me. I think having that collateral registry will be a very good welcome remark.
Mr. Speaker, the President spoke and took note where he said, it is pleasing to note that gold deliveries to Fidelity Printers and Refineries were on an upward trend. The only challenge that I see is that when we, as a country got 27 tonnes of gold, it was simply because he who pays the pied piper gets to choose the tune. We are giving out licences to different miners to acquire gold but we are not funding them. We used to have grants of $2000 for anybody who is to go into mining. That was also part of exploration. The problem now is – you give somebody a licence, he goes and borrows money from Peter and uses that money to buy the gold and he surrenders the gold to Peter. Whether Peter has taken it to Fidelity Printers and Refineries, it is up to him. At least, if Fidelity Printers would give out the licences and the funding, you would find that they would have more gold that we have ever seen.
Mr. Speaker, when we look at technology nowadays, we just need to use satellite and it will tell us that at this corner, it has got large deposits of different minerals. I feel that if we could expand on that when we talk about exploration, we could get somewhere.
The President spoke about the Minerals Exploration and Marketing Board. Exploration and marketing are two different issues. If you are beneficiating and marketing, we would agree. If you are exploring and mining at the same time, the two will go together. I feel that the Bill should come separate because it makes it easier for us as Members of Parliament to do our oversight role.
His Excellency spoke about the energy sector where he talked about Kariba and the Dema Picking plant. When he spoke about that, it left a lot of question marks. That diesel plant was supposed to produce an additional 300 megawatts but it is producing only 100 megawatts. We do not have an oil plant; we import our fuel and so, it is unsustainable Mr. Speaker because the farming sector, the industrial and domestic sites need power. Power is the heart for industry to grow. What is happening here is that when Dema Picking plant was established, it was only the Executive that visited the plant to see whether it was a new machine or not. The Portfolio Committee on Mines and Energy asked for permission to go and see whether it was new, old or obsolete equipment but till to date, we have not been allowed to go there. We begin to ask ourselves many questions because the papers have written a lot in terms of corruption regarding the Dema plant.
Mr. Speaker Sir, His Excellency spoke about the dumping of cheap imports and obsolete equipment. Namibia ordered a machine to generate power same as Dema. Whilst putting it up, the Minister who approved it got fired. After that, the plant was moved to Botswana. The then Minister of Energy in Botswana, after being paid $6 million was fired for the same issue. Now that same machine has moved to Zimbabwe and it is now at Seke. We do not know whether it is the same one or whether it is another one. His Excellency has a vision but the problem is it is being misled. There are cronies that are around there that are waiting to fill their pockets. Mr. Speaker Sir, I say so because it is uneconomical. You are importing power at 8 cents per kilowatt and now you are producing it at 15 cents per kilowatt. There is an issue there Mr. Speaker.
I want to go on and say, His Excellency spoke about Zimbabwe being the regional transport hub. When we talk about SADC, we talk about Beitbridge road through to Harare, Chirundu when you are going to Zambia. When you are coming from South Africa, in Johannesburg, there is the N1 route and everyone knows it. All the countries around
Southern Africa use this road. This is why so many lives are being lost. It is because we are not drawing attention to the rehabilitation of that road. I would like to thank His Excellency for approving the dualisation of the Beitbridge/Harare/Chirundu highway. That is a very good welcome remark for this country.
Mr. Speaker Sir, we have also seen the improvement of the Victoria Falls airport and the Bulawayo airport. There is nothing so good when foreigners come into this country and see an airport with high standards. If that can spread to Buffalo Range and to Zvishavane, it will make it easier for me to come to work instead of dodging donkeys the whole road. I take note that His Excellency also spoke about buildings....
[Time limit]
Thank you Mr. Speaker Sir. He spoke about qualified practitioners approving buildings and settlement plans. I took note of that because when we look at Mberengwa turnoff, you will begin to wonder the type of structures that are there. You will find that there is a block of shops and at the back there is blair toilets and the standard of buildings in that area is very poor. In life we go forward, we do not go backwards Mr.
Speaker. This is what I am seeing. You find that it is only one place that I mentioned, but how many other places are under the same impression where the planning is done so poorly like that.
I would also like to thank His Excellency, the President when he spoke about ARDA’s recovery. ARDA used to be the hub when we
talked about plantation. I worked in the lowveld in Chiredzi and Chisumbanje. I worked for Chiredzi Ranching Company and I used to be impressed with the amount of deliveries in terms of wheat and beans that were ploughed under ARDA. As we talk about ARDA, I was quite happy and impressed that Basil Nyabadza is the Board Chairman and he seems to know what he is doing. I would like to acknowledge that if we could have people of that ability, I will be excited.
I was actually excited that Winston Chitando at Mimosa Mining
Company is now the Board Chairman for Hwange Colliery. I have got a lot of faith in what he is going to do. I think he is going to turn the coal industry around. Looking at it, he has made plans. I was reading his report, although they may not have achieved them, these are what I call teething problems, but I am sure he will overcome that.
Another issue that His Excellency, the President spoke about was about the Medical Aid Society Bill. Mr. Speaker, it is affecting each and everyone in this august House. We pay our medical aid subscriptions month in month out but when we go out there, we still pay cash because the Medical Aid Companies are not submitting and are not paying. We have a challenge Mr. Speaker. I pay $300.00 towards the medical aid and I do not even use one cent. I am about to exit Parliament, maybe in 2018, you never know what happens but I would have wasted all that money because I am not using it, yet I am contributing. I think this Bill needs to come as a matter of urgency.
Mr. Speaker, we all know the STEM issue. When STEM was spoken about; when I went to school, if you did not pass English,
Mathematics and Science, you would not be allowed to proceed. I can see that it has come back and it is welcome. I have had the opportunity to be sent with a delegation from ZANU PF to go to China and see how special economic zones are done and how political parties run with governments. I had the opportunity to go to Shenzhen. It was just a fishing town, but if you see how it is transformed because of science Mr.
Speaker...
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order Hon. Member. Your time has expired like I indicated earlier on.
HON, HOLDER: Mr. Speaker, I know that my time has expired.
Let me just close, I was coming to the end - just two lines.
THE TEMPORARY SPEAKER: Okay.
HON. HOLDER: Thank you Mr. Speaker. May God bless you on
that. One thing that I wanted to speak about was the Cyber Bill. The Cyber Bill is so important. We have seen Hon. Members of Parliament being threatened. I have been tormented for almost two years with messages which I did not know where they came from. So, I think this
Cyber Bill will be something that would contribute even to the security of Members of Parliament like Hon. Chamisa who was complaining about messages and death threats. As that Bill comes through, I think we will welcome it and I also welcome it. I thank you Mr. Speaker.
THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (HON.
CHINGOSHO): Mr. Speaker Sir, I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 12th October, 2016.
On the motion of THE DEPUTY MINISTER OF LOCAL
GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING
(HON. CHINGOSHO), the House adjourned at Nine Minutes to four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 4thOctober, 2016
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
OFFICIAL OPENING OF PARLIAMENT
THE HON. SPEAKER: Order, order! I have the following announcements. I have to remind the House that His Excellency the President, Cde. R. G. Mugabe will officially open Parliament on the 6th October, 2016 at 1200 hours.
REMOVAL OF PERMANENTLY PARKED CARS
THE HON. SPEAKER: I would like to also request Hon.
Members whose cars are permanently parked in the car park to remove them by the latest end of day tomorrow. Those who do not comply with this request will have their cars towed away without any further notice.
NON ADVERSE REPORT RECEIVED FROM THE
PARLIAMENTARY LEGAL COMMITTEE
THE HON. SPEAKER: I also have to inform the House that I have received a Non Adverse Report from the Parliamentary Legal Committee (PLC) on the Statutory Instruments gazetted during the month of September 2016, except for Statutory Instrument 86 of 2016 (Plumtree Town Council (Clamping and Tow Away) by-laws.
EXTENSION FOR CONSIDERATION OF THE LAND
COMMISSION BILL
THE HON. SPEAKER: I also have to inform the House that the Chairperson of the Parliamentary Legal Committee (PLC) has requested an extension for consideration of the Land Commission Bill (H.B. 2,
2016) in terms of Standing Order No. 32(6).
LAUNCH OF THE ZWPC STRATEGIC PLAN AND THE “HE-
FOR-SHE CAMPAIGN”
THE HON. SPEAKER: I also have to inform the House that the
Presiding Officers of Parliament will launch the Zimbabwe Women’s
Parliamentary Caucus Strategic Plan and the “He-for-She Campaign” on Wednesday 5th October, 2016 in the Parliament Court yard at 0900 hours in the morning. The “He-for-She Campaign” is a solidarity campaign for Gender Equality initiated by UN Women.
Hon. Mandipaka having stood up to give a notice of motion.
THE HON. SPEAKER: I would like to advise that if you put your notice of motion today, at the end of debate, it shall lapse and you will have to reinstate it at the next session.
HON. MANDIPAKA: I will take your instruction Hon. Speaker. I will present the motion on Thursday.
THE HON. SPEAKER: Thank you for your understanding.
HON. MISIHAIRABWI-MUSHONGA: I have taken your advice
too in terms of notices of motions. I am standing up on a point of order Mr. Speaker Sir, on a point of privilege. I stand to ask that you make...
THE HON. SPEAKER: Then you have to correct yourself. You are standing in terms of Standing Order Number 69 on Privileges.
HON. MISIHAIRABWI-MUSHONGA: Thank you Mr. Speaker.
The holiday had taken its toll. Mr. Speaker Sir, I am asking that you give a ruling on the following issues: On the 8th of September, we had the
Minister of Finance and Economic Development presenting to us a MidTerm Fiscal Policy Review to the House. A few days later, we had a notice that was put out by the Minister of Information, Media and Broadcasting Services, Hon. Mushowe in which he purported to be acting on behalf of the President and Cabinet. He indicated the following: that the proposals on the reduction of salaries and allowances for civil servants, the suspension of bonuses, the taxation of allowances for civil servants, an introduction of the vehicle loan scheme and the import parity pricing for maize for 2016/17 season were not agreed to by Cabinet. In fact, to quote him properly, he actually indicated in that statement that these particular proposals had been put to Cabinet and had been rejected.
Mr. Speaker, given those events and the very fact that we as
Parliament, duly sat in this particular House to listen to the Minister of Finance and Economic Development, I am asking that you make a ruling on the following: the first ruling Mr. Speaker that I am asking you to make is on the issue of procedure. Given the fact that we received as Parliament a Mid-Term Fiscal Policy Review Statement from the Minister, which is now being contested by another Minister who is saying they are representing the same Cabinet, can we please have your ruling in terms of what that means in terms of procedure.
We know that the last time we had a similar issue where the President gave to this House a wrong Speech, the Leader of the House came in and did a formal withdrawal of that Speech. Is that procedure going to be the one that we are going to have? This is because we do not know which particular Mid-Term Fiscal Policy Review Statement we
are going to be debating given that we are having conflicting issues being presented to the House.
The second one Mr. Speaker is that of contempt of Parliament. Could you please make a ruling on whether that does not constitute contempt of Parliament on either the Minister of Finance and Economic Development, who as you know, as he began his presentation, indicated to us that this was in agreement with the entire Cabinet and the
President. Could this be taken as contempt of Parliament that the
Minister of Finance and Economic Development in fact did mislead this House or is the contempt of Parliament according to Hon. Mushowe who also is indicating that this was rejected by Cabinet? In fact, we are having two Ministers from one Government both issuing a statement.
As Parliament, I think we need to know who is misleading Parliament.
The third issue that I am requesting your ruling Mr. Speaker Sir is that can we therefore get from you whether we as Parliament do not deserve a new Mid-Term Fiscal Policy Review Statement. We cannot debate a Mid-Term Fiscal Policy Review Statement to which the fundamentals of that Mid-Term Fiscal Policy Review Statement are being contested. If you look at the four issues that I have raised, they basically set the base of the entire Mid-Term Fiscal Policy Review
Statement. I am therefore asking that before we even go into this debate Mr. Speaker that you do make a ruling on those particular issues that I have raised. I thank you Mr. Speaker Sir.
THE HON. SPEAKER: Order, order. Hon. Member
Misihairabwi-Mushonga, you raised very fundamental matters and because you really ambushed the Chair, the Chair will not accept the ambush. The Chair would seek your indulgence to study very carefully the issues you so rightly raised and allow for some probing in terms of the actual statement made by the Hon. Minister of Information, Media and Broadcasting Services vis-a-vis the fiscal policy before us. To that extent, I crave your indulgence Hon. Member to allow the Chair to study your very complicated issues that you raised and we shall rule accordingly. Further, because of the fundamental issues that you raised Hon. Member, it is my ruling that the motion be suspended until I have studied the objections that you made.
HON. CHAMISA: Thank you very much Mr. speaker Sir. I wish
to take this opportunity to just raise a point of order regarding what you have mentioned vis-à-vis the coming of the President of the Republic to this august House on Thursday for what you termed ‘the Official
Opening.’
I am raising this in the context of our laws Hon Speaker Sir, because I was perusing and scanning through the magna carta of our country which is the Constitution of our country. It is very clear that there is no provision for what you defined as the Official Opening, whereas it was a creature and a feature synonymous with our old Constitution. In our new Constitution, the President could only come at the invitation of this House of Assembly or the Senate but if he does not come on those, it is also provided for him in terms of Section 146 of the Constitution …
THE HON. SPEAKER: Section?
HON. CHAMISA: Section 146 of the Constitution to summon
Parliament at any time to conduct special business, that is the only time our President is able to bring Parliament to sit.
With all due respect, Hon. Speaker Sir, as Parliament we are not going to be transacting special business as envisaged by the
Constitution. By the same token, we are also not going to be having the President coming here at our invitation because whereas we made a blanket resolution to say, we are going from time to time to invite the President. This House, as and when we deem it necessary for the President to come and address us, must and should peremptorily define the dictates and contours of the President coming to this Parliament.
So I am just raising it in the context of us being law makers. We cannot be law makers who do not know the law and this is why I am raising this Hon Speaker Sir to say, in terms of what law are we bothering our President to come and be in this House of Assembly?
THE HON. SPEAKER: Order, order Hon. Member, you raise an interesting question which unfortunately you should have raised in 2013, 2014 and 2015 – [HON. MEMBERS: Inaudible interjections.] – Yes, on the basis of what you know stare decisis, the contestation is overtaken by the practice as indicated – [HON. MEMBERS: Inaudible interjections.] – Order, order as indicated in sub section (ii) of the Constitution and that practice was never contested and the proclamation made by the President makes reference to a resolution made by the two
Houses, that the President shall officiate at the Official Opening of the Sessions of Parliament.
So my ruling is that there is nothing untoward about that in terms of the practice. The Clerk will read the second Order of the Day.
HON. CHAMISA: Sorry Hon. Speaker Sir …
THE HON. SPEAKER: When the Chair has made a ruling you cannot open debate.
HON. CHAMISA: I hear you but it is not debate.
THE HON. SPEAKER: You cannot open debate.
HON. CHAMISA: Hon. Speaker Sir, with all due respect, you know that what makes Parliaments Parliaments, is to allow the deliberative dimension …
THE HON. SPEAKER: No, no, I will be setting a very wrong precedence.
HON. CHAMISA: No.
THE HON. SPEAKER: When the Chair has ruled – [HON.
MEMBERS: Inaudible interjections.] – Yes.
HON. CHAMISA: On this one, I did not ask you to rule – [HON.
MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Yes, the Chair has ruled.
HON. CHAMISA: There is no need for you to rule on this one.
Hon. Speaker Sir, with all due respect, the intention of your Hon. Member here was not to ask you to give a ruling because you are not enjoined to give a ruling in terms of the Standing Orders on this matter.
All I was doing was to flag this issue so that as Parliament, we are on all fours in terms of what is supposed to be done not that we do not want the President to come here. Unlike some of my colleagues who are on the other side – [HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order, order I have heard you.
HON. CHAMISA: I think what would be appropriate Hon. Speaker Sir in future, is for the House to make a determination and invite the President. I hope this will be taken on board because it is a very serious issue Hon. Speaker Sir.
THE HON. SPEAKER: When you flag something to the Chair, the Chair cannot remain mute. So the Chair will flag back and clarify issues accordingly. Thank you very much for the compromise, the Clerk will read the Second Order of the Day please.
*HON. CHINOTIMBA: On a point of order – [HON.
MEMBERS: Inaudible interjections.] – It is under Priviledge of the Parliament - rega nditaure mhani! – [HON. MEMBERS: Inaudible
interjections.] –
THE HON. SPEAKER: Order, order Hon. Members, please respect the Hon. Member.
*HON. CHINOTIMBA: Hon. Speaker, I just wanted to advise you that those two boys – [HON. MEMBERS: Inaudible interjections.]
– Mr. Speaker, I withdraw my statement! – [HON. MEMBERS:
Inaudible interjections.] –
THE HON. SPEAKER: Order, order – [HON. MEMBERS:
Inaudible interjections.] – Order, order my Whip there, please order. Hon. Chinotimba, the Standing Rules are very clear on how we address each other. We address each other as Hon. Members and not vakomana.
So may you withdraw that statement please?
HON. CHINOTIMBA: Mr. Speaker, the two Honourables, the
Vice President – [HON. MEMBERS: Inaudible interjections.] –
THE HON. SPEAKER: Order, order, please withdraw your previous statement.
HON. CHINOTIMBA: I withdraw.
THE HON. SPEAKER: Thank you.
*HON. CHINOTIMBA: Mr. Speaker Sir, I realise Hon. Chamisa and the other Hon. Member speak ill of the Vice President and as a result, he has since moved out of the House – [HON. MEMBERS:
Inaudible interjections.] –
THE HON. SPEAKER: Order, order Hon. Members may we be serious and be self-respecting – [HON. MEMBERS: Yes!] - We should not try to make this a kindergarten – [HON. MEMBERS: Inaudible interjections.] – Order, order so can we be serious please and proceed to the Second Order of the Day.
MOTION
BUSINESS OF THE HOUSE
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (HON. F. MOYO): I move that Order of the Day, Number 2 be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
MOTION
FOURTH REPORT OF THE PUBLIC ACCOUNTS COMMITTEE
ON THE FINDINGS BY THE AUDITOR GENERAL ON THE
2014 APPROPRIATION AND FUNDS ACCOUNTS FOR THE
MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY
AFFAIRS
HON. MPARIWA: I move the motion standing in my name that this House adopts the Fourth Report of the Public Accounts Committee on the findings by the Auditor General on the 2014 Appropriation and
Funds Accounts for the Ministry of Justice, Legal and Parliamentary Affairs (S.C. 19, 2016).
HON. D. SIBANDA: I second.
HON. MPARIWA: Thank you Mr. Speaker Sir for giving me
this opportunity of tabling the report of the Public Accounts Committee.
You will forgive me Hon. Speaker, perhaps it is also another coup but I will try my level best.
1.0 INTRODUCTION
As part of its oversight mandate, the Public Accounts Committee examined the findings of the Auditor-General on the 2014 Appropriation Account for the Ministry of Justice, Legal and Parliamentary Affairs;
Attorney-General’s Office Administration Fund, 2013; Constituency
Development Fund (CDF), 2010; Constitution Parliamentary Select
Committee (COPAC), 2013; and the Deeds and Companies Office Fund, 2013. It is of great concern to the Committee that accounts for the Funds being administered by the Ministry were lagging behind which makes it difficult to follow up on some of the issues raised in the Audit Reports.
Some of the officials might have either moved to some other
Government departments or have left the service of Government thereby making it impossible to hold officials accountable for the use of public resources. The Committee is also concerned that the set of accounts for the CDF received a disclaimer opinion from the Auditor-General while the other sets received a qualified opinion. A disclaimer opinion means that there were significant uncertainties regarding the appropriateness of parts or all of the financial reports and this is the worst scenario case.
The Report, therefore, covers the findings raised by the Auditor- General on the Accounts, responses thereto by the Accounting Officer, observations and recommendations of the Committee. The Committee’s recommendations require the Ministry and other relevant authorities to take appropriate action within specified timelines.
2.0 OBJECTIVES OF THE ENQUIRY
Section 299 of the Constitution of Zimbabwe Amendment No. 20 of 2013 states as follows:
(1) Parliament must monitor and oversee expenditure by the State and all Commissions and institutions and agencies of Government at every level, including statutory bodies, Government controlled entities, provincial and metropolitan councils and local authorities, in order to ensure that-
- all revenue is accounted for;
- all expenditure has been properly incurred; and
- any limits and conditions on appropriations have been
Section 309 (2) (a) of the Constitution provides for the functions of the Auditor General as follows:
- a) to audit the accounts, financial systems and financial management of all departments, institutions and agencies of Government, all provincial and metropolitan councils and all local authorities.
National Assembly Standing Order No. 16 provides for the Public Accounts Committee to examine the sums granted by Parliament to meet public expenditure and such other accounts laid before the National
Assembly.
It is therefore, the duty of the Public Accounts Committee to report whether such public funds have been managed and expended as authorised by Parliament. In this context, the Committee examined the
Appropriation and Fund Accounts for the Ministry of Justice, Legal and Parliamentary Affairs as reported by the Auditor-General in her Annual
Report for the financial year ended December, 31, 2014.
3.0 METHODOLOGY
The Committee held an oral evidence session with Mrs V. Mabiza, the Permanent Secretary and an Accounting Officer for Ministry of Justice, Legal and Parliamentary Affairs and other senior officials within the Ministry. It requested written evidence which was then analysed and further form the basis of the Report.
4.0 FINDINGS, OBSERVATIONS AND RECOMMENDATIONS
BY THE COMMITTEE
4.1 2014 APPROPRIATION ACCOUNTS FOR THE
MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY
AFFAIRS
4.1.1 Outstanding Travel and Subsistence Advances Totalling
$507 829
The Ministry, since 2010, has been failing to recover outstanding
travel and subsistence advances in violation of Treasury Instruction 1505. This matter has been raised since 2010 to no avail. In 2013, the figure was at $530 318, which means the Ministry only managed to recover $22 489 during the year 2014. The Permanent Secretary, Mrs Mabiza, acknowledged the observation and confirmed that no recoveries were instituted from 2010 up to the time she joined the Ministry in 2013. She advised the Committee that the system had collapsed and she had to put the systems in place. In 2015, the Ministry recovered $4 500 and from January to May 31, 2016 it recovered $5 959.53 giving a total of $10 459. 53 over a period of seventeen months.
The Committee was further informed that the former Director of
Finance and Administration in the Ministry had, at some point, instructed the Salary Services Bureau (SSB) to cease deductions for officials with outstanding advances. A schedule submitted to the Committee showed that some deductions commenced from April 2016 for 76 officials out of a total of 441 with varying outstanding advances. When the Ministry appeared before the Committee, the Accounting Officer gave an impression that deductions were effected on every owing officer yet further written submissions showed that it was only a handful. She also highlighted that deductions were increased from $50 to between $100 and $500 depending on the level of the official. Evidence presented showed that only one individual with an outstanding amount of $2 360 had his or her deduction pegged at $100. The rest were contributing less than $100. Surprisingly, a sample of those owing huge amounts, tabulated below, save for, Nguruve V. whose deduction was
$50 per month, showed that deductions were not yet effected.
NAME OF OFFICIAL | OUTSTANDING
ADVANCES US$ |
Hon. P. Chinamasa | 19 390.00 |
Zambada S. | 18 339.00 |
Nyambuya W. N. | 18 033.36 |
Zakeyo M. | 16 225.00 |
Nguruve V. | 13 746.00 |
Chigumadzi T. | 13 415.00 |
Gadzai H. | 12 204.12 |
Suntile S. | 10 371.00 |
Mukwindidza P. | 9 102.00 |
Mukarakate I. A. | 9 065.64 |
Chindewere R. | 8 513.00 |
Mutambarade A | 8 360.00 |
Madziaenda D. | 8 015.00 |
Mwananyoka A. | 7 525.00 |
Nyamubarwa D. | 7 136.99 |
Sadindi S. | 7 002.00 |
Chikwana | 6 820.00 |
Mutewera P. | 6 401.00 |
Rukodzi B. B. | 6 262.00 |
Kanengoni G. | 6 047.84 |
Sibanda P. | 5 848.00 |
Makhaza J. | 5 768.00 |
Malandu A. | 5 753.83 |
Chimhande K. G. | 5 592.00 |
Ranga M. | 5 184.00 |
Muza M | 5 094.00 |
4.1.1.1 The Committee noted with concern that there was laxity in recovering the outstanding advances by the Ministry. At the current rate of recovery, it will take the Ministry forever to recover the outstanding advances. It, therefore, recommends the Ministry to effect realistic deductions ranging from $100 to $500 for every individual owing, taking into account the outstanding amount and the grade. This should be implemented by September 30, 2016.
4.1.1.2 The Committee further noted that the former Director of Finance had acted irresponsibly by instructing the SSB to cease deduction and as such, the Civil Service Commission should initiate disciplinary proceedings against the official by September 30, 2016.
4.1.2 Unsupported payments made by Treasury to the City of Harare on behalf of the Ministry amounting to $167 246
The Ministry initially professed ignorance of the payment made on
its behalf by Treasury. Upon insistence by the Committee for the
Ministry to obtain source documentation supporting the payment, the Accounting Officer then advised the Committee that the City of Harare had later on, confirmed the payment by Treasury. The matter was therefore resolved to the Committee’s satisfaction.
4.1.3 Unrecovered Excesses on Cell-phone Advances amounting to $128 379
The audit observed that in violation of Treasury Circular No. 1 of
2010 and Cabinet Circular No. 9 of 2010, the Ministry did not recover outstanding amounts in the Cell-phone Debtors account totalling $128 379. Some of the amounts have been due since 2011. Due to poor maintenance of accounting records, the Ministry failed to relate recoveries to specific accounting periods. As reported by the Committee in the previous report on the Ministry, a new system had since been introduced to curb excesses. For the outstanding debts incurred before the system, the Accounting Officer advised the Committee that deductions had been effected through SSB and amounts totalling $17 000 and $11 799 were recovered in 2014 and 2015 respectively. In a further follow up response, the Ministry indicated that the Ministry had recovered $8 781.29 from January to May, 2016 leaving a balance of $106 718.68. From a schedule of debtors availed to the Committee, out of a total of 105 officials, recoveries were only being made on 42 officials.
4.1.3.1 The Committee noted that there were some improvements in recovering the outstanding amounts. If deductions were instituted for all the officials on the debtors list, the amount could have been reduced significantly by now. The Committee recommends that the Ministry should institute deductions on all officials on the debtors list by
September 30, 2016.
4.2 ATTORNEY-GENERAL’S OFFICE ADMINISTRATION
FUND 2013
4.2.1 Unsupported expenditure totalling $45 788
Audit observed that the Fund incurred unsupported expenditure
totalling $45 788. During the year 2012, the Fund also incurred a total of $218 216 which was not supported by source documents. As a result, the audit was unable to determine whether the expenditure incurred was a proper charge against the Fund. Under such a weak control environment, chances are high that public resources may be misappropriated. The Accounting Officer informed the Committee during oral evidence that of the $45 788, they managed to validate expenditure amounting to $10 133 and supporting documents were available for inspection. For the remaining $33 788, an amount of $19 613 was confirmed to have been incurred for grooming, entertainment, domestic and foreign travel for the
Office of the Attorney-General. The funds were advanced to officers. About $16 042 was for payment of goods and services which were provided for the Forum for Africa and China Cooperation (FACC) meeting hosted by Zimbabwe in 2013. However, in the absence of supporting documents to validate the expenditures highlighted, it is not possible to conclude that the expenditures were properly made against the Fund. The Permanent Secretary also informed the Committee that her Ministry had failed to secure source documents from suppliers of goods and services for FACC. The Committee therefore could not rule out the possibility that public funds were misappropriated.
4.2.1.1 The Committee recommends that the Ministry should
raise surcharges against officials responsible for the expenditures and recover the funds incurred without supporting documentation. This should be implemented by September 30, 2016.
4.2.2 Cash Payments in Violation of the Fund Constitution
The audit observed that cash payments amounting to $60 108 were made from the Fund in violation of the Fund Constitution which provides for safer methods such as bank transfer system. The Accounting Officer informed the Committee that her Ministry resorted to cash payments from the Fund after Treasury had failed to release funds for foreign travel on time. However, cash payments expose the Fund to misappropriation or loss of cash. The Committee noted with concern that the Fund resources were prone to abuse and are proving to be alternative sources of funding for Ministries whenever they fail to secure releases from Treasury. It also noted that Ministries do not seek Treasury approval but act as they so wish. In the current liquidity crunch, Ministries with Funds to administer are having an unfair advantage over those Ministries without Funds.
4.2.2.1 In the Committee’s view, the violation against the Fund
Constitution constitute financial misconduct which require authorities to take disciplinary action against offenders. The Committee recommends Treasury to formulate regulations with specific penalties for financial misconduct by December 31, 2016.
4.3 CONSTITUENCY DEVELOPMENT FUND (CDF) 2010
As mentioned earlier on, the accounts of the CDF received a disclaimer of opinion which implies that the auditor could not obtain sufficient appropriate audit evidence to provide a basis for an opinion.
Below were the issues raised on the CDF accounts.
4.3.1 Suspense Account
The Ministry did not produce bank certificates for 53
constituencies raising doubt on the accuracy of the bank balance of $7 964 543 disclosed in the financial statements. The bank statements produced for audit examination accounted for $4 921 491 leaving a balance of $3 043 052 unsupported resulting in a suspense account being created for the balance.
The Ministry confirmed that the 53 constituencies had not submitted bank statements at the time of audit. However, the internal audit subsequently audited 44 of the 53 constituencies leaving out nine constituencies which had no bank statements. The Committee was informed that Constituency Committees headed by National Assembly
Members of Parliament were responsible for the administration of the CDF funds and the Ministry had no role.
The Ministry officials indicated that they encountered a lot of resistance as they tried to audit some of the constituencies. Considering that these were public funds appropriated through an act of Parliament, the Members of Parliament who resisted the audit of the funds were in violation of the provisions of the Section 80 (3) (a) of the Public Finance Management Act [Chapter 22:19]. The Act requires internal auditors to have free access at all reasonable times to any records, books, vouchers, documents and public resources under the control of the Ministry or reporting unit concerned.
The officials pointed out that they could receive information on projects being implemented on paper and the moment they make an attempt to go and physically check the projects, they were threatened by
Members of Parliament. They reported the alleged threats to the then Minister of Constitutional and Parliamentary Affairs but to no avail. This kind of behaviour also puts the name of Parliament, as an oversight institution, in disrepute.
Below is a list of constituencies and the sitting Members of
Parliament whose bank statements were not availed for audit.
- Nkayi North- Honourable S. Nyoni;
- Shamva South- Honourable N. Goche;
- Marondera West- Honourable Brig. A. Mutinhiri;
- Zvimba South- Honourable W. F. Chidhakwa;
- Zvimba East- Honourable P. Zhuwao;
- Zvimba North- Honourable I. Chombo;
- Sanyati- Honourable Mrs F. Chaderopa;
- Hurungwe North- Honourable Mr P. Chanetsa; and
- Harare South- Honourable H. M. Nyanhongo.
In the absence of bank statements, there are high chances that public funds were converted to personal use. The Committee noted with concern that the Members of Parliament mentioned above acted irresponsibly by failing to account for public funds given that as elected representatives of the people, they should be exemplary when it comes to accountability in the use of public resources.
4.3.1.1 The Committee recommends that the Speaker of
National Assembly, as Head of Parliament should compel the Members and former Members of Parliament to produce the bank statements to support the bank balance in the financial statements by September 30,
4.3.1.2 The Committee recommends the Committee on
Standing Rules and Orders to set up a Privileges Committee to fully investigate the conduct of the MPs and former MPs who abused their privileges as Members of Parliament by threatening officials and posed as a hindrance to the audit process. The Committee should be appointed by 30th September, 2016.
4.3.2 Poor Cash Management
It was observed that the majority of constituencies preferred cash transactions instead of cheques and bank transfer systems in violation of section 4.5 of the Fund’s Constitution. As a result, CDF funds were exposed to risk of loss or misappropriation.
4.3.2.1 The Committee noted with concern that the introduction of CDF without an enabling legislation had caused problems in terms of the management and accountability of resources under this Fund. Given the importance and the positive impact the Fund has in making the general public relate in a more realistic way to the National Budget, the Ministry, should by November 30, 2016, bring before Parliament a legislative framework to govern CDF.
4.4 CONSTITUTION PARLIAMENTARY SELECT COMMITTEE (COPAC) 2012 AND 2013
The COPAC Fund received a qualified opinion during the two years which implies that there were material weaknesses observed on the sets of accounts for the Fund.
4.4.1 Outstanding Payments to Suppliers of Goods and
Services
Treasury Instruction 1204 requires Ministries and Government departments to settle payments with suppliers promptly. The audit observed that the Ministry had outstanding payments to creditors amounting to $1 649 332 as at September 30, 2013. The figure stood at $2 390 762 in 2012. The Accounting Officer informed the Committee that the debt was inherited from the former Ministry of Constitutional and Parliamentary Affairs. In a follow up response pertaining to the debt, the Ministry indicated that it had settled $997 674.12, leaving a balance of $651 666.43. The submissions further highlighted that the outstanding debt was owed to Vickstrom, $117 090; CMED, $284
107.74 and ZBC, $250 473.69. The Ministry also indicated that Treasury had not provided funds for the debt in the current budget. A request was made by the Ministry for Treasury to pay off the CMED debt through set off arrangements as the entity had outstanding tax obligations with
ZIMRA. It was however, not clear as regards to the other two creditors.
4.4.1.1 The Committee recommends Treasury to settle the debts by December 31, 2016 to avoid litigations emanating from these long outstanding debts.
4.4.2 Motor vehicles issued to COPAC Officials without
Treasury Authority
The audit observed that eight motor vehicles with a total value of
$260 752 were retained by three former COPAC Chairpersons and two former secretariat staff without Treasury approval. The Ministry informed the Committee that the motor vehicles were under the direct control of COPAC and distribution was done by COPAC at the end of the Constitution making process. Minutes of the COPAC Management Committee indicated that a decision was indeed made for the three ex-
COPAC chairpersons to each retain two vehicles allocated during the Constitution making process. The two ex-secretariat of COPAC were also allowed to retain each a vehicle. Correspondence by the Accounting Officer to Treasury seeking guidance on how to proceed on the issue, dated July 11, 2013 was availed to the Committee. However, Treasury had not been forthcoming in this regard.
4.4.2.1 The Committee recommends that Treasury should
regularise the ownership of the eight motor vehicles in terms of
Government regulations by September 30, 2016.
4.4.3 Assets unaccounted for
The audit observed that assets with a total value of $24 381 went missing at various stages of the Constitution making process. Police reports were made and investigations were still underway at the time of concluding the audit. The Ministry informed the Committee that it took charge of assets that were handed over to them at the time of winding up of COPAC activities and assets reported missing were not known to the Ministry. The Committee noted with concern that the Ministry seemed to have experienced challenges in taking responsibility of assets that were under COPAC and as a result, it will be very difficult to recover assets reported missing. However, COPAC activities were funded by public funds and as a result, there was need for transparency and accountability for such resources in order to inspire confidence by the public.
4.5 DEEDS AND COMPANIES FUND 2013
4.5.1 Loss of Revenue due to Fraudulent Activities
As a result of weak internal systems in revenue collection, the
Fund lost a total of $204 441 due to undervaluation of properties by employees of the Fund at the Bulawayo regional offices. Some employees also processed fake deeds for transfers and mortgage bonds resulting in potential loss of revenue amounting to $166 518. The Accounting Officer confirmed the fraudulent activities which she attributed to absence of a computerised system. She indicated that the officers involved had manipulated the manually operated system to suit the illegal activities. The Ministry had responded by computerising the Deeds Office and officials implicated were reported to the Police and charged. The Committee was satisfied with the measures taken by the
Ministry to address the observation.
5.0 Conclusion
The Committee concluded that Funds were generally not properly managed and accounted for and as a result, subjected to manipulation by Fund administrators. There is need for Treasury to seriously review the Funds in existence and see if they were still serving purposes for which they were established. As noted in previous reports, there is generally poor maintenance of accounting records, an environment which is conducive for fraudulent activities. The Ministry should strengthen control systems around Funds and ensure timeous reporting.
I thank you.
THE HON. DEPUTY SPEAKER: I just want to announce that Ford AD-19273 is blocking other vehicles, may the owner please go out and correct the situation.
HON. MISIHAIRABWI-MUSHONGA: I just want to speak to
the report that has been tabled by my Chairperson, Hon Mpariwa.
Madam Speaker, I will not speak a lot on it, because I think she has covered all the issues except to perhaps just buttress some of the issues that she has raised. One of the things that is of concern as the Public Accounts Committee; I think in this particular sitting, we have issued close to about six reports. Out of those reports from Ministries that we have, we have not had one response from the Executive and I think that raises a lot of concerns because most of the things that we are talking about here, are issues that are post what has happened. We would have hoped that the Ministers responsible for these Ministries would come back and be able to at least speak and indicate to us that in the future, this is what they would be doing.
Madam Speaker, I am pleased that today as we make the presentation of this report, the Hon. Vice President and Minister of
Justice, Legal and Parliamentary Affairs is actually in the House today. Fortunately, he is also the Leader of the House and that hopefully he will set precedence that when a report is issued, they then will respond. We are going to come back to the House with the indications of the Ministers who have failed to do so during the stipulated period. I think as the House, we are asking our other fellow Members of Parliament that we may have to really take on the sanctions against the Ministers more seriously. We cannot continue to be doing this day in day out, with no response. We might as well not be bothering coming with these reports if we are not going to have any responses to these issues.
I will only speak to one issue which my Chairperson raised; I am not sure whether Hon. Chairperson raised the particular names that are involved on the issue of CDF. I say so Madam Speaker because two issues arose on this one. Those that failed to avail their bank statements for audit but there were also issues that were raised around security issues where people who were supposed to follow on this audits could not even access those particular constituencies because they were being threatened doing so.
We have been almost careful as Members of Parliament not to bring this issue as public as we can. We are hoping that when we raise it with the Speaker, he will be able to deal with those Members of Parliament on an individual basis. We cannot have Members of Parliament that sit in this House, who say they are Honourable yet make it impossible for people to come and do audits in their areas because they are threatening them in doing so. I think it is an unacceptable thing.
So, those that have not issued the bank statements that have not been availed for audit to just make sure that we are naming and shaming and that people will remember this. We said it is Nkayi North – Hon. S.
Nyoni; Shamva South – Hon. Goche; Marondera West – Hon. Brigadier
- Mutinhiri; Zvimba South – Hon. Chidhakwa; Zvimba East –
THE HON. DEPUTY SPEAKER: Order, Hon. Member. I heard Hon. Mpariwa – [HON. MEMBERS: Inaudible interjections.]- Order, order!
HON. MISIHAIRABWI MUSHONGA: Yes, for purposes of
emphasis, Madam Speaker, because these are role models. –[HON.
MISIHAIRABWI-MUSHONGA: Hamungarambeka kuti titaure!]
THE HON. DEPUTY SPEAKER: Hon. Member, you are now
answering the Hon. Members yet I am protecting you.
HON. MISIHAIRABWI-MUSHONGA: I am sorry Madam
Speaker. Hon. Chombo, Hon. Chaderopa, Hon. Hon. P. Chanetsa, Hon. Nyanhongo. Madam Speaker, we are doing so to make sure that none of us as Hon. Members of Parliament will ever do anything that gets us to be named and shamed. As you may know this is the first time that we are actually bringing specific names for people that have not done something. We cannot be prepared to sit here and hold the Executive accountable, saying it has not done A, B, C, D yet when it comes to us, we do not want to be put out for scrutiny. What is good for the goose is good for the gander and that is the reason why I am doing what I am doing right now.
However, we have heard my Hon. Chair giving a proper detailed report around these issues; suffice to say the issues that I raised, we hope that we can have Ministers respond to these issues. I thank you.
*HON. CHINOTIMBA: Thank you Madam Speaker. I also
want to add my voice on this report which was not well presented. I am saying that corruption is not good but the people, who were involved in the audit, did not do it well. They just want to tell people those who refused people to do the audit in their constituencies but there are some who stole money which is not accounted for. So, what I am appealing to the Chairperson of this Committee is that she should table her report well and bring out the names of those people who stole money even if the audit committee went there.
For example, in my constituency they were told that we bought this material to revamp our deep tank but the asbestos belonged to an individual. So, we do not have to involve politics, we have to be apolitical when we are debating in this House.
HON. MPARIWA: Thank you Madam Speaker and I really want
to recognise that you have actually allowed me to speak. When we speak in this House, we also need to protect those who cannot protect themselves and come to defend themselves in this House.
THE HON. DEPUTY SPEAKER: Order, order! If someone is
debating, I need to hear what they will be saying. So, if you make noise
I will not be able to answer.
*HON. MPARIWA: What I am appealing to you Hon. Speaker is
that Mrs. Chiri is the Auditor General who is employed by the
Government. I do not think she belongs to any political party. We are a post Audit Committee, we operate like pathologists, so if Mrs. Chiri has brought some information to us, that is what we include in our report because that is what she would have given us. No one from the
Committee can bring what is not in the Auditor- General’s Report.
I think you heard me saying that the Auditor General’s Report of 2014, I did not say this report belongs to our Public Accounts but we are analysing the report which was tabled by the Auditor General looking at how the CDF was disbursed. Thank you.
THE HON. DEPUTY SPEAKER: Order, order! I do not see why
you are complaining. I think when people are debating, they say a lot of things, but at the end of the day, when you are summerising, they can as well talk about what you are saying. So, people can say a lot of things and also the Auditor General can take advantage of that as well. So, if we can leave people to talk.
*HON. CHINOTIMBA: Thank you Madam Speaker…
*THE HON. DEPUTY SPEAKER: Hon. Chinotimba, if it was
an Hon. Member who was sitting in that particular constituency, talk of the Hon. Member and not from which party.
*HON. CHINOTIMABA: I did not say from which party this Hon. Member comes from. So, the Auditor General who gave us this report, we are appealing that if she is tabling a report, she should give us a report which is complete without leaving anything so that when Members of Parliament are going there, they should ask as a Committee how things are working. So what I am saying is that the report that we have heard, it looks like it left out a lot of things.
The reason why I am saying a lot of things were left out is that there were things that came out of newspapers that people misused funds. A lot of things came out and even the Committee pointed out that some withdrawals were being made without any supporting receipts.
So, is it not better for the Auditor General, through our Committee, to do a thorough investigation of those people who withdrew cash, who did not produce any supporting receipts? Where are the things, the buildings that were built so that there is transparency in this House and then we can distinguish whether they stole because stealing is stealing and it is corruption?
People who are involved in corruption, I do not support them. That is why we were not given money. They were now afraid that people misuse it because if only three people misused the money, we could have benefited because they were not the majority, but many funds were misused. That is why the Ministry of Finance and Economic Development did not disburse anymore funds. So we do not want to lie to each other. We should tell each other the truth that those who were there should be investigated.
That Committee, when it is formed, it should not only go to those people that we have heard, but it should go to everyone and then they do thorough investigations on how these funds were used. If it were possible you could include me in that Committee so that I could also be involved in the investigations, whether it is ZANU-PF or MDC so that we really know who stole the money.
It might take a lot of time, but I am saying the truth. Right now, Madam Speaker, maybe we might get some money and then we change the rules and regulations and see those who work and those who do not work. What I am saying is that almost all the people who were involved in the last Parliament, all of them are corrupt, they all stole some money.
I thank you.
*THE HON. DEPUTY SPEAKER: Thank you Hon. Chinotimba
for debating. I think we should debate factual things because this is an audit report. We cannot say everyone has stolen. It is not fair.
HON. MANDIPAKA: Thank you Madam Speaker. I will be
very short, precise, concise and to the point. I would want to make a comment on the observations by the Accounts Committee, but on the same note, challenge the Committee that in my personal view, they were not very exhaustive. Why do I say so? I want to strongly believe that the names that have been mentioned in this august House, I do not know what kind of coincidence that is because they belong to one particular political party and I do not want to believe that those are the only persons who mismanaged the fund or who misappropriated the fund.
If the Committee had done thorough work, I think they were going to discover that Members of Parliament from both sides, be it ZANU-PF or MDC, could have possibly abused that fund, but Madam Speaker, this august House should not lose sight of the fact that when that fund was disbursed, there was no legislation for the management of that fund. So I think it was a loophole which was used by Members of Parliament to capitalise and to make sure that they abuse the fund.
So, it is a learning point, it is a learning curve. We learn from our mistakes. I want to believe that if CDF is distributed to Members of Parliament in future, we must have an Act of Parliament that will enable the proper usage of that money so that it is not abused.
One other thing that I discovered from the presentation by the Chair is that we had a lot of abuses and misappropriations in various councils and it is on record that the majority of councils in this country, unfortunately or fortunately enough, are being run by those that are in the opposition and so it serves as a lesson to tell us the caliber of councillors that were nominated to run those councils. They have misappropriated funds and that is the reason why we enacted a piece of legislation in this august House to make sure that the Minister of Local Government, Public Works and National Housing is empowered to be able to dismiss such councillors. I thank you Hon. Speaker – [AN HON.
MEMBER: Urikuperekedza muchato here iwe? Urikuchata here?] -
THE HON. SPEAKER: The Hon. Member who is talking about kuperekedza muchato can you please stand up and explain what you mean.
HON. SANSOLE: Thank you Madam Speaker for giving me this opportunity to contribute to this debate. When we look at this report, we find that the CDF actually received a disclaimer of opinion. This is the worst kind of audit opinion that can be presented by an auditor. In other words, the auditors are simply saying we are unable to express an opinion on what has been presented to us, whether it shows a true and fair view of the state of affairs in that particular entity. So, it is the worst and I think something needs to be done as a matter of urgency.
Coming to the travelling and subsistence allowances that were not paid back by the officials amounting to US$507 000, you will find that the Ministry has been struggling since 2010 to recover that amount and only US$22 000 recovered in 13 years means that at this rate, with the total amount outstanding, it will take 299 years for the Ministry to recover this money. This basically means that it is going to be written off because it was given to officials and none of them will live for 299 years, let alone serve in the Ministry for that length of time. So effectively, it means that these people were given interest free loans which they will get away with and they will not pay at the end of their service. What is worrying is that the Minister who was actually heading that particular Ministry is at the top of that list with $19 000 and I think that he should lead by example.
On cellphone allowances, the same thing applies – the length of time that they will take to recover the $138 000 goes beyond the time that these officers will serve in that Ministry. There was no supporting documentation; which is a violation of the Constitution which states that all expenditure must be properly incurred. So, if it is not supported by vouchers/documents, it means that there is a possibility that, that expenditure has not been properly incurred.
There is also an issue of cash payments. There is no excuse for using cash where other alternative methods of payment are available – the first being the issue of transfers while cheques are no longer popular and effective. The Constituency Development Fund (CDF) where Members of 53 constituencies failed to avail bank statements, you will find that most of the culprits were actually Ministers and it is very worrying. I support the recommendation of the Committee on the action that should be taken. I would also urge us as Members of Parliament to account properly for the Constituency Development Fund so that we are able to access that fund in future because it is very effective for us to use
CDF money as a development agency in our constituencies.
On COPAC – it also had a qualified audit opinion. Qualified is bad in the sense that, the Auditor has misgivings about what is presented to them and they qualify it in respect of certain aspects of the financial statements. We have the issue of people retaining institutional vehicles - taking them away at the end of their service without formalising ownership and that is not acceptable. In the past, Government Ministries and local authorities - the way that they have been accounting for fixed assets is such that those assets do not even appear on the balance sheet. You buy motor vehicles and they do not appear on the balance sheet unless we go to the fixed assets register, you will not be able to trace them. It is like when you buy a motor vehicle, it is just as good as buying cool drinks because it is expended just like recurrent expenditure and there is no way that they can be followed up. So, I think that with the introduction of the International Public Sector Accounting Standards, this will greatly improve. In that respect, I would like to support the recommendations of the Committee. Thank you Madam Speaker.
HON. CROSS: Thank you Mr. Speaker Sir. I just want to say
one thing that, although this is a story of disaster at the Ministry, we were very impressed with the Permanent Secretary. Mrs. Mabhiza handled her role superbly in the interview with the Committee and she was totally on top of her job. I just want to encourage the Minister that, we did not find any fault in his Permanent Secretary peers. This was mainly historical stuff that we were dealing with.
Mr. Speaker Sir, the problem of allowances and cellphone accounts has been coming up continuously in all the audits that we have been examining. This is where Government officials are paid allowances in advance before proceeding overseas to a conference and are expected to account for those allowances when they return. These officials are not consistently providing the documentation when they return and if they do not produce the documentation, they should reimburse the funds. The amounts involved are not small and the officials involved are not junior but are senior staff members. I think that Ministers and Permanent Secretaries have to take their responsibilities seriously in this respect and they should require their officers to account for the funds that have been granted to them responsibly. I think that the problems of the Ministry of Justice, Legal and Parliamentary Affairs are just a tip of the iceberg. This is a frequent occurrence across the Civil Service. I want to make the same remarks about funds.
We have more than 100 statutory funds in Government, all of which are subject to scrutiny by the Auditor-General. I do not think that we as a Committee have examined one fund yet which is totally administered properly. This particular fund, the Attorney-General’s fund is characterised by poor accounting and poor decisions in respect to the allocations of funds. The funds are unique in terms of Government financing in the sense that these funds are held at the discretion of the Accounting Officer, the Permanent Secretary, who has discretion over how they will be used and how they will be disbursed. I think because of that, they have greater responsibility when dealing with these particular funds because they do not fall into the normal category of budget allocations.
When it comes to the CDF issue, I was amused when they did the audit of my constituency. When the auditors asked me to come to a local police station to present my accounts, I could not work out why they wanted me to come to a police station. When I got there, there was a small team from the Ministry who were conducting the audits of the Constituencies in the Bulawayo area. They were conducting the audit in a police station for protection. Mr. Speaker, I am not exaggerating and it was for protection from MPs like me, I could not believe it! When the Permanent Secretary told us in the Committee that they could not examine the books of the 53 of the constituencies because the MPs concerned refused to comply, we felt that this was an extremely serious matter. Mr. Speaker, it is $3.4 million that could have possibly been misappropriated and as for these nine who remain after an intensive exercise to audit them, quite frankly, I think that the Speaker has to take strong and serious action to correct matters.
In respect to COPAC, I think that it is time that we not only implemented my colleagues’ suggestion regarding adoption of International Standards for Public Accounting in terms of how we deal with assets like motor vehicles; but it is also time we had a careful look at how we handle responsibility for assets purchased with donor money. The vehicles and the other assets misappropriated during the COPAC era were purchased with international funds provided on a grant basis by international agencies. At the end of COPAC they should have become State assets. These are not small amounts of money, but they are large amounts and I think that we should take a careful look at this and adopt new rules and regulations for any exercise of this nature in the future.
Lastly, as a businessman, I would say that the Minister needs to take a closer look at the Deeds office. The Deeds office is a deeply corrupt place and it is subject to influence by money on a daily basis. What we found in terms of the audit was just a tip of the iceberg. In fact, the problems in the Deeds office are extremely serious and deep and they must be attended to as a matter of urgency. Thank you Mr.
Speaker Sir.
HON. HOLDER: Thank you Mr. Speaker for giving me this
opportunity to contribute towards this noble debate. Mr. Speaker Sir, I just want to mention of a few things, taking note from what was presented in this House. A cat and a dog can live in the same yard, but the moment you tie them together, they fight. Mr. Speaker, during that time, this shows a clear testimony of the Government of National Unity (GNU); it was during the GNU when all this disaster happened. It shows us that there was a lot of recklessness that took place. Mr.
Speaker, I quote; when the Minister of Finance and Economic Development, Hon. Chinamasa came to this august House, he said that he had been thrown into the deep end to sort out the mess which Biti and Matibenga left and they are not in this august House.
Mr. Speaker Sir, I want to remind the Chairlady who gave the report that; in Government, Ministers are reshuffled all the time, there is no continuity but Permanent Secretaries should have continuity. They are busy talking about US$3.4 million which was lost then, now we are busy putting mechanisms in place so that this does not happen again.
This is why most of us here, Hon. Members of Parliament in this august
House are having the challenge of when we are going to have the Constituency Development Fund (CDF). It is because of the mess that was left in the last Parliamentary Session. Mr. Speaker Sir, if we had continued with the GNU, you could have imagined the disaster that we could be having now. It is good that now we know there is one Government which is now putting principles in place to sort out the mess which was done then.
Mr. Speaker Sir, I know I might have offended our colleagues on the opposite side but the Bible says the truth shall set you free. I think I have had my fair share to let them know the truth. I thank you.
HON. K. SIBANDA: Thank you Mr. Speaker. I understand that we have 210 constituencies which received CDF funds and out of that, nine were not audited. This means that 201 constituencies were audited. My worry is that, the report does not highlight on any certification of the 201 audited accounts in the CDF funds, neither does it give any discrepancies found during the audit. Are you sure that 201 accounts were audited and found clean? That is where the problem is and that is a shortfall on this report.
HON. MAJOME: Thank you Mr. Speaker Sir for giving me this
opportunity to debate on this insightful report by the Chairperson of the Public Accounts Committee on behalf of the Committee. I wish to begin by congratulating our Public Accounts Committee through the leadership of Hon. Paurina Mpariwa, for bringing to this august House an enlightenment of the state of the usage of public funds which is so scarce. I would like to commend the Committee for its hard work.
Mr. Speaker Sir, I have an interest on this report as the Chairperson of the Parliamentary Portfolio Committee on Justice, Legal and
Parliamentary Affairs. I wish to thank the Committee because my Committee is also enlightened in considering bids for the 2017 Budget and will be assisted by the observations made in this report. Whilst we seek to approve the allocation of funds, we cannot be seen ignoring certain holes in the bucket that we are trying to pour water because we may not be able to fill it.
Mr. Speaker Sir, allow me to make the following observations; I want to express my shock and discomfort at the high level of indebtedness – [HON. MEMBERS: Inaudible interjections.] –
THE TEMPORARY SPEAKER: Order Hon. Members. Your
whispers are a bit loud, may you lower your whispers.
HON. MAJOME: Thank you Mr. Speaker Sir. I find it disturbing, that an amount as high as US$503 3080.00 can be owed to the Ministry in terms of advances for travel and subsistence allowances. Mr. Speaker Sir, when we compare this amount to the actual Vote that has been disbursed to the Ministry in any financial year, we will find that this is a very huge proportion of money that can be used in the Ministry. Why is it that ministry officials ask for advances for travel and subsistence allowances? It possibly points to a problem where we have insufficient fiscal space and ministries are not getting sufficient funding. This may lead to a situation where officials who are required to go out and conduct business find themselves without funding for that particular Government business and end up borrowing.
However, if the Ministry advances travel and subsistence allowances, one would expect that the officials would get paid that money at a certain point. How then is it possible that there continues to be such huge amounts outstanding allowances for those officials when the Ministry needs it? Mr. Speaker Sir, I really support the recommendations of the Committee that, whatever position those officials hold in the Ministry’s hierarchy, they must be made to pay in the timeframe that the Committee recommends because it impacts on this budget.
Mr. Speaker Sir, I wholeheartedly support their recommendation that; they take the issue with the former Director of the Ministry for having ordered the Salary Service Bureau (SSB) to cease the deductions of these loans and this was not explained. I hope that as the Committee probes further, it would be found out whether this was done according to the law and if it is in breach of their duties as a civil service entity, they must be answerable.
Mr. Speaker, I want to commend the Committee for its diligence and not giving up. They report that they queried an instance of an unsupported payments made for the Ministry to the Harare City Council by Treasury. They indicate that initially, the Ministry claimed ignorance over this issue and said they did not know. However, the Committee did not give up and it probed the Ministry further, eventually leading to the Ministry bringing proof of such payments.
I think that this will ensure that the dignity and authority of Parliament is not taken for a ride. The example shown by the authority in probing relentlessly shows the authority that this august House has in terms of its Committees and that may be in future, Government officials who prevaricate and try and avoid answering questions must be reminded that they would face charges for contempt of Parliament.
Mr. Speaker Sir, I want to refer to an issue that came from the
Public Accounts Committee’s Report that the Ministry has been able to recover allowances from only 42 officials. The Ministry should be commended for improving recoveries because previously, this had not been done and it is encouraging that the Ministry has put in place a system. This should be encouraged we urge the Ministry to continue doing more.
I note with concern that the report states that due to poor maintenance of accounting records, the Ministry failed to relate recoveries to specific accounting periods and they were able to recover from only 42 out of 105 officials who owe. While the recoveries are encouraging, through you Mr. Speaker, I would like to encourage the Ministry to recover these amounts from all those who owe money.
Allow me to refer to the item on unsupported expenditure from the
Attorney General’s Administration Fund from 2013 that the Committee reported on. They reported that US$45 758.00 was not accounted for by the Attorney General’s Office’s Administration Fund.
I quote from the report where it says ‘the Committee therefore could not rule out the possibility that public funds were not appropriated’. The reason that I raise this alarm is because as you will recall, in terms of Section 114(3) (d) of the Constitution, one of the roles of the Attorney General’s Office is to be the chief legal advisor to
Government and in particular Mr. Speaker Sir, the Attorney General’s function is to promote, protect, uphold the rule of law and to defend the public interest. It is extremely disconcerting that the Attorney General’s
Office’s own fund will show mysterious and unaccounted for disbursements and expenditure that is not supported, and that is not in the public interest.
Since the Attorney General’s Office is responsible for being the chief legal advisor to Government and ensuring that Government works according to the book, it should not be acceptable. It should lead by example and should not be seen to fail to account for funding in such a way that it calls the integrity of the administration into disrepute. I cannot also fail to comment on the very disturbing list of Hon. Members of Parliament past and present who have failed to even open bank accounts for a Constituency Development Fund (CDF) which had very clear rules with a Constitution.
What alarms me Mr. Speaker Sir is that four out of the six
Members of Parliament who did not open bank accounts and who avoided all debt are Cabinet Ministers. I say this because it is great cause for concern when we find Hon. Cabinet Ministers, not only Members of Parliament, but they are the ones to which the whole nation of
Zimbabwe reposes trust and to get us out of the mess that we are in. We must know them especially for financial probity, honesty and accountability.
The Hon. Ministers Nyoni, Hon. Minister Mutinhiri, Hon. Minister W. Chidhakwa, Hon. Minister S. Chidhakwa and Hon. Minister Chombo. These five, I want to speak through you Mr. Speaker Sir that for the sake of the confidence of the public in Cabinet and in the offices that they hold, they really need to examine their consciences and do something about this. I want to particularly refer to the Ministry because this is what the public would call as corruption if there is opaqueness
and lack of accountability for Government funds and also blocking investigations and audit that would be corruption.
I am concerned because one of these Hon. Ministers, Hon. Minister Chombo is a Minister of Home Affairs, which Ministry superintends the Anti-Corruption Commission. How then would we expect that we indeed are genuine and sincere in going against corruption if we have the Minister who leads that Ministry being one of the Members of Parliament who has failed to open a bank account and who has failed to make an audit available to him?
Mr. Speaker Sir, no wonder why I now understand that if we have five Cabinet Ministers out of a list of seven Members of Parliament who were very murky, mysterious and evasive on the CDF, this is lack of accountability. This is why Hon. Ministers do not bother to come to the House to answer questions. Accountability might seem to be alien to them and in matters such as this, it is really disturbing because it involves public funds missing and unaccounted for money can be the subject of criminal offences.
Mr. Speaker Sir, I want to conclude by referring to the COPAC issue and urge and hope that when the Hon. Minister of Finance and Economic Development brings the 2017 budget proposals, he makes sure that we salvage the reputation of our Constitution by allocating money towards paying those creditors that were owed during the COPAC process because we are using this Constitution because of that process. It is only fair and right that those creditors be given their money so that they do not curse our Constitution.
I also want to end on that note and I am encouraged that the Ministry of Justice, Legal and Parliamentary Affairs is working on a draft Bill on the Constituency Development Fund. I will say Mr. Speaker that it will be remiss of this House if for the third budget in a row, we listen to a Budget Presentation and pass a Finance Act that allocates money to a Constituency Development Fund when we know very well that we do not have an enabling Act. This must be the last time that it must be done. It is my hope that the CDF Bill is brought to the House in the time that the Portfolio Committee on Public Accounts has suggested.
I thank you.
HON. CHIMANIKIRE: Thank you Mr. Speaker. I would like to pay homage to the Public Accounts Committee for being brave enough to go through the Auditor General’s Report and also for the comments that they have made in this House. It is unfortunate that some Members of this House seem not to understand the role of Committees such that they want to take the Committee to task, not realising that a Committee is a multi-party set up in terms of the Standing Rules and Orders of this Parliament. When they present a report, it is by consensus that the report is brought before the House. Therefore, it is unnecessary for a member of this House to speak as if they were in opposition to a Committee Report.
I remember very well that the speaker pointed out that reports that come to this House are as a result of a consensus process. Therefore, no single member can be a dissident to a report that is presented to this
House. It is very evident that from the presentation that we listened to, we have accounts that are lagging behind from 2013 that cannot be audited to date. Therefore, this House is denied the privilege of knowing an up to date account of what is happening in the various Ministries.
However, a point of concern is where we have six reports that have been presented to this House and the Ministers have not found it necessary to respond so that the House can advise the constituency where they come from that there is accountability in this House, which is very tragic. That is unacceptable. We have a situation where some of the
Ministers, names have been mentioned and Permanent Secretaries whose Ministries are being taken into account have been mentioned, but the tragedy is no one has ever been punished for actually misappropriating millions or hundreds of thousands of dollars. We have raised this in this House and when it comes to travelling and subsistence allowances advances; to the amount of over half a million. If you look at salaries that Permanent Secretaries are earning, they are not up to half a million. So, there is illegal borrowing that is going on in ministries and there is
no accountability that is being enforced upon on those who are in charge and yet these are the accounting officers.
I heard of Mr. Ngulube who is paying $50 a month. He is the only one who is repaying his debt in terms of T and S advances. In terms of the amounts that are owed by some of our members who were with us during the period that we were allocated Constituency Development Funds (CDF), we were asked to account for them but others got away with it. Unfortunately, some were even brought back being members of the Executive as has been pointed out by an earlier speaker. Mr.
Speaker, it is disturbing.
I was a member of COPAC. I remember the resolutions that we passed before we wound up. The Ministry was supposed to authorize ownership of the vehicles that were used by COPAC although some of them had come from donors. I am surprised that individuals took decisions that had no accountability to the ministries concerned. It is in order that the Auditor General’s report in being taken into account, those responsible should receive appropriate punishment. We did not approve that individuals should just walk away with vehicles from COPAC. I am sure those who participated, including the current Speaker knows very well that we had a standing resolution that it was through the Ministry that a decision had to be taken as a recommendation. I am surprised that individuals took individual decisions and walked away with vehicles that they were not supposed to have done.
Mr. Speaker, when we do not appreciate an Auditor General’s report and we want the report to reflect to what we have as opinions in its summation of whatever they would have been investigating, it is very unfortunate. We have to accept audit reports for what they are. As a House, we have to be seen to be maintaining and defending the Constitution because the Auditor General draws his or her authority from the Constitution. Therefore, when they carry out their duty, it is not the duty of this House to question why she has presented a report in this manner or that manner.
After all, an Auditor General is supposed to present a summary of findings and not a bible of all the processes that they would have undertaken during audit. So, I hope that in future we will appreciate it. I know why people are not appreciating audit reports. Each and every time this Committee was trying to present a report, it would be towards the end of the day when most members would have left the House. I am glad that this report was presented earlier and it gave an opportunity for the House to know those who appreciate what an audit is all about and those who think that an audit is a tool for politics. I thank you Mr.
Speaker.
HON. NDUNA: Thank you Mr. Speaker Sir. I want to add my voice to the report of the Auditor General presented by Hon. Mpariwa and seconded by Hon. Misihairabwi-Mushonga. Mr. Speaker Sir, I also need to take you back to the Constitution regarding some of the duties of the Auditor General, in particular on Section 309(2)(c). It says, “To order the taking of measures to rectify any defects in management and safeguarding of public funds and public property.” Subsection (d) goes on to say, “To exercise any other functions that may be conferred or imposed on him or her by all under an Act of Parliament.” This is where I am going to major on.
Mr. Speaker Sir, the Auditor General is said to be a protector of public funds and public property and the management of the same, which brings me to the point where there are charges that are being imposed on account holders by banks. You have seen who has made money since dollarization. It is only the banks but it is those that hold funds in those accounts who have been impoverished. Why do I say so? It was raised by Hon. Mpariwa to the effect that some Hon. Members could not establish bank accounts and they preferred cash. Be that as it may, one wants to really have scrutiny on the finance houses; what it is that they are making at the end of the day. Are they making anything at the expense of the user or the people that are using those finance houses?
Mr. Speaker Sir, Zimbabwe is the only country where US dollar is so overvalued to an extent where the interest rates are about 23.5%, whereas the global best practices are that you find a bank charging you
0.5% maximum interest. It brings me to the point that as a House in the future, if we can have the Executive bringing in an Act that is going to infer or impose upon the Auditor General extra duties as enshrined in Section 309(2)(d) of the Constitution to the effect that they can look into the modus operandi of the finance houses so that it is amenable to the global best practices.
One would want to ask, if you are giving US$50 000 to a Member of Parliament for CDF, does it go down to the electorate as US$50 000? One would want to question and say, what are the bank charges and withdrawal charges? What is it eventually that goes down to the final user? If we do not scrutinize all these issues, you will find that we are shortchanging not only the electorate but our Government as a whole. So, let us infer and impose upon the Auditor General using an Act of Parliament to also under his or her ambit – to also look and scrutinize these exorbitant interest rates that are being charged by finance houses so that the left hand knows what the right hand is doing and what it is given by the right hand gets to the left hand in the same measure.
Mr. Speaker Sir, if you read the newspapers or if you go on line – argument’s sake, you will find that the people that are making money these days are the Sheriff, the Deputy Sheriff, the Messenger of Court and all those affiliates who are associated with selling property of those that would have used these finance houses so that they give back to their master who is charging exorbitant charges for those that would have used those finance houses. Every day that we come to Parliament, we are accosted and greeted or hit in the face with a lot of names in the newspapers and of properties that are being sold by the Sheriff in order to compensate these finance houses. Mr. Speaker Sir, it is time that as representatives of the electorate that we put our foot down and make sure we become a voice of the voiceless and make sure we bring the finance houses to account together with the Sheriff and the Deputy Sheriff, who are Messengers of the court based on what they would have obtained in the finance houses Mr. Speaker Sir, to bring them under check so that it does not continue to bleed the economy. As long as the unsuspecting members of the community are unfairly treated and unfairly separated from their hard earned currency and income through such ways. What it means is what then goes to Treasury or what accumulates to Treasury is so minute, is such a pittance, is nothing to write home about because we have not broadened the cake. We have not broadened the base for the Minister of Finance and Economic
Development to tap into the resources of the majority of the Zimbabwean population.
Mr. Speaker Sir, remember the 2016 Budget’s theme is ‘growing the national cake.’ How do you grow the national cake and how do you use the mainstream part of the banking system if you are going to have charges that are exorbitant; that are second to none globally….
THE TEMPORARY SPEAKER (HON. MARUMAHOKO):
Order, order Hon. Member, may you speak to the report of Public Accounts and stop getting out of the way, just stick to the report.
HON. NDUNA: Thank you for the guidance Mr. Speaker Sir. I will bring you closer home to the report. The issue of recovery that was alluded to by Hon. Mpariwa, there are people that still need to reimburse, whose tenure of recovery has been extended to November.
The recovery rate should also be coupled with the recovery interest. If we do not address the issue of interest, it becomes too exorbitant to repay, so that is closer to the report Mr. Speaker Sir. Let us make sure that first and foremost, we address the issue of interest. Where in the world do you find a United States dollar being charged interest of 23.5%. It should be reversed and redressed in retrospect up to dollarisation in 2009.
Secondly, the Auditor General, in my opinion should make recommendations that go to the Executive, that is going to give him or her another added task in subsection 2 (d), that speaks to putting the interest rates under check. They should make recommendations to the Ministry of Finance and Economic Development under whose ambit they fall under. This is what is going to guide the Executive to bring an Act of Parliament that is going to make sure we unequivocally or unimpeded and immediately without fear or favour and without further ado put a stop to the bleeding of the economy by these finance houses.
They are the only people that have made interest and profit since dollarisation. If we do not take this seriously, there will be no Zimbabwe to talk about.
In conclusion, the issue of public funds and public property, as the Auditor General does his or her duty, we want to deal with the issues of transport that is utilised by the Executive and Government officials, which is not insured or licenced. It is at the detriment of our economy in that what we lose in terms of automobile and vehicles and lives that are in those vehicles that are not insured or licenced; it all comes together as one, as finance. Let us make sure that we are not separating hard currency and property. Let us make sure that, as she does her duty, she also puts this together and raises a red flag to say, as long as these vehicles are not licenced or insured – which in my view and as a
Committee of Parliament in Transport, numbering more than 200 000. We need to make sure that we encourage the Executive and Government to insure these vehicles so that those lives that are in those vehicles are also protected. I want to thank you for giving me this time.
I also want to take this opportunity; my heart goes to those families who have been bereaved and those who have been involved in a road traffic accident along Chegutu-Chinhoyi road today where we lost more than eight lives, we still have two who are critically injured who have been transferred to Harare. Mr. Speaker Sir, my heart goes to those families who have lost their loved ones, may their souls rest in peace. I thank you.
*HON. MAHOKA: Thank you Mr. Speaker Sir. I would like to thank Hon. Mpariwa and the whole Committee for bringing this report to this august House. What pleases me is that the audit report was done by a lady auditor. I am also proud that this report has shown that all female Members of Parliament who benefited from this fund did not abuse the fund. I know we have some people who are either in this House or have left in the past Parliament, who also embezzled these funds but have not been named.
I would like to thank Hon. Dr. Gumbo, as the previous Chief
Whip, you gave us education, you told us to be careful and avoid embezzling these public funds. We are proud of women in their leadership positions because they fear to embezzle funds. When they are given money to perform a certain task, they will definitely do that. Government created Constituency Development Fund (CDF), for the benefit of the constituents’ development but now Government has since stopped disbursing CDF after realising that some Members of Parliament were going to embezzle it and no development will be realised.
My wish is that if only this august House had many women than men, this fund was going to be fully utilised as shown by what was done by the previous women Parliamentarians. Hon. Gumbo as the previous Chief Whip used to organise workshops for us and educate us on the administration of constituencies. He taught us on administration of public funds. Unfortunately, some of us simply received these funds without any awareness campaign for them on handling of public funds.
The problem is male Members of Parliament are very reckless and corrupt, hence most of them embezzled these funds. Another Hon.
Member stated that we also have some Ministers who were mentioned that they embezzled these funds. I know there are some Ministers who have been left out but also have embezzled these funds. There were some names which have been exposed in the past and we ask the
Auditor General to release these names; name and shame them. We had 15 Ministers in ZANU PF and 15 in MDC-T, we believe lots of funds were embezzled. Therefore, measures should be taken to recover these funds. We request Parliament to enact a law and regulations that lead to the recovery of these funds. The people who embezzled these funds should be brought to book and not benefit from such acts. We should show as Parliamentarians that we abhor embezzlement of funds and want honest people who are accountable and transparent with public funds. I thank you.
HON. MPARIWA: Thank you Hon. Speaker. Let me begin by
expressing my gratitude to all the Members who have contributed to this particular motion in support of the various other actions where we could implement so that in terms of our key role as Parliamentarians, monitoring and evaluation leads to good accountability and transparency. This is exactly where we are trying to get to.
Let me also hasten to say that once the Committee’s recommendations are adopted, that will enable the responsible Ministry of Finance and Economic Development, I am glad the Minister is already doing some work in terms of formulating legislation on the operations of the Constituency Development Fund (CDF). I heard many members speak about legislation that will guide the operations and control in terms of Members utilising the CDF.
Hon. Speaker Sir, I want to thank all the Hon. Members for the support. It tells you that when it comes to issues of development of the country and accountability, we are united as Members of Parliament. I am glad that even those Members who are not members of the Public Accounts Committee highlighted some issues that we could not come up with as recommendations. With these few remarks, let me take this opportunity to encourage the House to adopt the report but I understand the Minister who has been left with the responsibility by the Hon.
Minister has something to say before I move for the adoption. I thank you.
THE MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO) on behalf of THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (HON.
MNANGAGWA): Thank you Mr. Speaker, the Vice President who is also Minister of Justice, Legal and Parliamentary Affairs has asked me to stand on his behalf and thank the Chairperson of the Committee, members of the Committee and all the Hon. Members who contributed to the debate.
He asked me to assure the Chairperson of the Committee that all the concerns that have been raised by Members of Parliament will be taken on board by his Ministry. He is also quite aware of the point that has been raised by Hon Mahoka that when CDF was introduced, by that time, the money was just deposited into our accounts and no accounting procedures were taken at that particular time and as a result we encountered these challenges. We cannot run away from them and it is a fact and a reality so those things have to be looked at squarely.
The Minister has promised all of us as Members of Parliament that the concerns that have been raised are valid, should be taken on board and that he is going to take them on board when we respond to your contributions. On that note, I want to thank you Mr. Speaker for giving me the opportunity to stand on behalf of the Vice President and make that announcement. I thank you. – [HON. MEMBERS: Hear, hear.]-
HON. MPARIWA: Mr. Speaker, let me thank the Hon. Minister
for the positive acceptance and also noting that it is important that we work with the Parliamentarians. More importantly, for accepting the recommendations of the Public Accounts Committee on behalf of the
Vice President who is also the Minister of Justice, Legal and Parliamentary Affairs.
On that note, may I propose that the House adopts the Fourth
Report of the Public Accounts Committee on the findings by the Auditor-General on the 2014 Appropriation and Funds Accounts for the
Ministry of Justice, Legal and Parliamentary Affairs (S. C. 19, 2016) Motion put and agreed to.
On the motion of THE MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (HON. DR. GUMBO),
the House adjourned at Twenty Nine Minutes to Five o’clock p.m. until Thursday, 6th October, 2016.