PARLIAMENT OF ZIMBABWE
Wednesday, 19th June, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
ANNOUNCEMENT BY THE ACTING SPEAKER
SUSPENSION OF STANDING ORDER NO. 104 (1)
THE ACTING SPEAKER: I have to inform the House that
pursuant to the provision of Standing Order No. 104 (1), I have received an urgent application by the Minister of Finance requesting for a waiver of the requirement that all Bills must not be introduced in either House of Parliament before the expiration of 14 days from the day of gazzeting. In support of the application, the minister highlights that Zimbabwe is obliged to immediately and urgently pass a law addressing issues of money laundering, failure of which its trading partners will instruct their financial institutions to restrict dealings with our financial institutions.
Such a move will have ruinous effects on our economy. In this regard and noting the urgency of the matter, the Minister of Finance seeks a resolution of the House to waive Standing Order No. 104 (1).
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- MAHLANGU: My question is directed to the Minister of Energy and Power Development Mr. Elton Mangoma. How far has your ministry gone with the installation of prepaid meters?
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (MR. MANGOMA): I would like to thank the
member for his question on prepaid meters. What we have done is that we have concentrated more on the high density areas. As of last week, we had installed 206 000 meters. We still have to install less than 50% on the prepaid meters. We have got a programme where we are installing about 20 000 meters a week. We are still hoping that we would have finished the installation of the prepaid meters by August.
I would also like to inform the House that in the low density areas, we are advocating the installation of smart meters which will have the prepaid function as well but we also want to be able to ration the power that goes into the low density areas. This will ensure that the system of rationing of electricity will avoid having to load shed anyone. It is a process we believe in and already, the kind of meters and suppliers are being looked at so that we will be able to use the electricity that we have and everybody will be able to have some electricity all the time without load shedding.
- MAHLANGU: There has been an outcry on these prepaid meters. Your ministry has been installing these prepaid meters in hospitals and clinics. This has affected the quality of health service delivery system because if they do not have money to buy power, it means that they can go for some days attending to patients especially maternity wards, without electricity. What is Government policy towards that?
- MANGOMA: Thank you Mr. Speaker. I think the issue of prepaid meters must be fully understood as a way of making sure that electricity that is used is paid for. ZESA does not get a subsidy from Government and therefore ZESA is not in a position to subsidise anyone else. Therefore, the position is that every consumer must have a prepaid meter. It does not matter whether that consumer is a hospital, clinic, police station, water source or anything. They must have a prepaid meter. What must now be the issue is to prioritise the payment. If electricity is important, then money for electricity must be found.
This is where the change of culture is going to be important. If electricity is used and nobody pays for it, then we will not all have electricity in the end. It is therefore important that for the little money that we get, we prioritise the paying of electricity. So you will find those people who say they do not have money to buy tokens for electricity and yet they juice their phones everyday. Therefore it is a question of priority as to where it should be and I can assure you, there are allocations that are going into all these hospitals, clinics and all these sectors. It is just because electricity is not being taken seriously that people do not prioritise the payment of electricity.
By having put in prepaid meters, what we are saying is, use it when you can. If you do not have the money, at least you will not use it. I can still assure you that at the price of electricity, you will always find that the cost that you have to bear on electricity is much less than if the electricity was not there. The alternative means are much more expensive. I would urge people not to look at it from an emotional point, but look at it from a practical point and say that everyone needs to pay electricity to be available.
- DZIRUTWE: My question is directed to the Minister of Energy. Circumstances have arisen during our economic hardships where ZESA is unable to get new customers connected. They have been asked to provide funding for the poles or the cables so that they get connected. What is Government policy on the issue in view of the fact that some people are asked to bring these things upfront and they do not get reimbursed, yet the infrastructure becomes ZESA property?
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (MR. MANGOMA): Thank you Mr. Speaker. I would like to thank the honourable member for the question. I think what we must all realise is that ZESA was equally affected by the economic problems that befell this country. Indeed, it has been through the efforts of many individuals that ZESA continues to provide the electricity that we see.
ZESA has not been receiving any subsidies from anyone.
Therefore, just the cost of maintaining the generating equipment has been very high. Mr. Speaker, just to be able to produce the electricity that we are producing now and to be able to have achieved that without any assistance from anyone is important to know. Therefore, when you are having difficulties in maintaining your base to expand that resource by making sure that you are connecting new customers, it becomes a problem. So there are places where it has been possible for ZESA to actually carry out expansions.
We also have had facilities from the Rural Electrification Agency where a number of rural grids have been extended on the back of the funding that goes to the Rural Electrification Agency. Also, it must be pointed out that that money is collected from the consumers who are paying and it is simply being own-land for use by the Rural Electrification Agency.
So, when there is a customer who wants electricity to then urgently, one of the things that we have agreed is that they can provide the materials and then ZESA will be able to extend that facility. What ZESA does not have is the money, but where it then becomes a problem, for example, I got a story that has not yet been substantiated. Mr. Speaker, where they say bring us poles, bring us this, you can actually provide them with that equipment and the other materials but I have heard someone claiming that ZESA said bring us the money and not the materials. I think that is not Government policy. If the issues that are required are specifically mentioned to you and you can provide them, that is the policy extension that we have allowed them to do. Certainly when the economy is performing much better and ZESA itself is doing fantastically well, then it will be possible for all these things to be done through ZESA.
Instead of actually blaming ZESA, we should be able to look and say what has caused the economic downturn in the first place. That has caused all these problems that we are trying to recover from. I think that, as well as people asking for some electricity where ZESA itself is not yet ready to expand into that area, they should be able to assist.
- DZIRUTWE: Mr. Speaker Sir, my question is where people
have supplied the material. Is it possible to reimburse them in the form of electricity, say if they have availed poles worth about US$280, is it possible for them to be reimbursed worth of electricity so that then it becomes a fair deal. Thank you.
- MANGOMA: I think one has got to go through and actually look at the actual circumstances. From my own experience, if I want an expansion somewhere else, it has always been ZESA policy that you pay for the transformer, you pay for that. The item continues to remain a ZESA property and there is no reimbursement for that. It has only been in the housing complexes and mostly in the high density areas where the extension by ZESA has been done by ZESA itself and they provide all the things that have been required. You also know that as I said during the bad times, even when your transformer was burnt, consumers were forced to have either no electricity or they were to contribute to buy a transformer so that they get electricity and not because ZESA will then reimburse it.
I think where ZESA has got a programme to be able to expand particularly in high density areas, they will continue on that path but if anyone wants to be able to get electricity outside of what the expansion programme is in those areas, they must be prepared to pay. Otherwise, that is how you get to jump the queue. Otherwise if it is the issue of reimbursement, it now must go back onto the normal programme of ZESA. I thank you.
- MUDARIKWA: In Zimbabwe we have a critical shortage
of electricity. What we are generating is far lower than the demand.
People got out of their way to get generators, now Zimbabwe Energy
Regulatory Authority (ZERA) wants these people to register with them and pay a fee. Meanwhile EMA is also coming to anyone with a generator; you are now charged a fee.
Mr. Speaker, these people who have imported generators are assisting the country. There are people with constitutional obligation to give us electricity but we cannot start penalising people who have generators in the country. I wanted to find out, what is the national policy regard to with generators? Do you want people to remain in darkness when there is no electricity? Are we leading a darkness policy?
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT (MR. MANGOMA): Mr. Speaker, I must say that I
am not aware that ZERA is requesting that those people with generators must pay a registration fee. I think generators being registered, I do not see a problem with that but certainly paying a registration fee, I would have a problem with that. I am not aware that that is the case.
What we always have, ZERA starts to deal with mostly those people above a certain generation capacity. So, they probably would want to know how much and how many generators are we having so that they know the generation capacity in the country. From a statistical point of view, which I will fully support, I think that if they are trying to charge, it is well within Government policy to stop them from charging. Now that you have raised it, I think it is something that I will talk to them about. But as far as remissions are concerned, although it is not my ministry, I think that generators do remit carbon dioxide and therefore I think it is within EMA’s ambit to charge all those who cause emissions. We certainly do not want people to be in the dark. The more lasting solution especially when you talk about generators, you know how much the cost of buying and maintaining a generator is, it is an expensive solution. The best way of providing reasonably priced electricity to all the citizens of Zimbabwe, is to make sure that our utilities are functioning well and to make sure that we get new generation capacity into the country, through the state companies and also through independent and private players. That is what we are aiming for and that is what we are trying to do and what we would want to see so that in the very near future, everyone will be able to forget their generators and rely on the modern electricity that is available through the grid, I thank you.
- MUDARIKWA: Thank you hon. Minister, the issue with
EMA is when we import diesel and we buy diesel, there is a cost of carbon tax which is obviously meant to cover the carbon emission. Now there is what we call double taxation and it is not viable for anyone now to pay double taxation because he or she will be using a generator. I thank you.
THE ACTING SPEAKER: Hon. Member, that one seems to be a
comment and not a question.
- MUDARIKWA: It is a question.
THE ACTING SPEAKER: Can you then rephrase it and make it
a question.
MR MUDARIKWA: Mr. Speaker, the way I can rephrase it is, we have agreed in principle, are we now allowing double taxation because when we import diesel we pay carbon tax upon importation and now we are paying another carbon emission tax to EMA. There is double taxation and is it allowed?
THE ACTING SPEAKER: How I got the question hon. Minister
is that the Minister of Environment and Natural Resources should have attended to that particular question or may be the Minister of Finance who deals with the issues of taxation. Hon. Minister Mangoma do you have any response to that?
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT: I agree with your comments Mr. Speaker.
THE ACTING SPEAKER: Hon. Mudarikwa, I advise that the
Minister of Finance is here, you can then redirect the question to the Minister of Finance. I give you the opportunity to ask the question Hon.
Mudarikwa.
- MUDARIKWA: Thank you Mr. Speaker, my question is
directed to the Hon. Minister of Finance. There is a critical shortage of electricity in Zimbabwe and when diesel is imported, people pay carbon tax but EMA is now charging carbon emission tax for generators so there is an element of double taxation. When diesel is imported we pay carbon tax and when I have a generator at my place, EMA is now coming and saying you must pay carbon emission fee and yet when we imported diesel, we paid carbon tax. Does not that carbon tax cover the emission of the carbon on my generator?
THE MINISTER OF FINANCE (MR. BITI): Mr. Speaker, I
thank you and Hon. Simba Mudarikwa, I thank you for that question. The position is that only Treasury in terms of the powers that it has been given in terms of Section 103 has got the power of levying a tax. Treasury itself derives that power from Parliament so the power to levy the tax actually is derived from Parliament. That is why every budget and Appropriation Bill in the budget is normally accompanied by the Finance Bill. The Finance Bill being our revenue measure will be our request to Parliament that please we are asking you to raise carbon tax, to raise Value Added Tax (VAT), to raise excise duty and to increase the levels.
What is happening right now is that, that power is delegated to us but there are some laws that give certain bodies the power to levy penalties, the power to levy fines and you will find some of those powers in the Roads Act for instance. Some of them you will find in the criminal justice system. In the criminal justice system, it is a very different regime. It is not a fund raising exercise. They are given direct powers from Parliament to regulate behaviour through deterrence or to just punish people.
I think that if you look at the Environment Act, the Minister of Environment is allowed to impose levies to deter or to proscribe certain behaviour like pollution but where the nominal justification of a diesel levy on the generators is to regulate the issue of pollution that you and I know comes from generators.
I agree with you that if we have already covered that pollution, through the carbon tax which is part of our law, levying the generation levy in terms of the Environmental Act may actually amount to double penalty and double jeopardy. So what I would suggest is that we will liaise with Minister Nhema and look at his regulations and draw his attention to the provisions of the carbon tax because diesel has already been taxed. It does not matter whether you are going to use it at your farm or for your grinding mill; it has already been levied anyway.
Maybe if they wanted to be ingenuous or disingenuous they should have put in place a noise levy for the use of generators but not a carbon levy because that has already been factored in. So, the answer is that we will discuss with the Minister of Environment but he can still get his money through a noise levy because generators can be very noisy. I thank you Mr. Speaker.
- CHIMBETETE: I wanted to ask the Minister of Finance but
he ran out.
- MARE: My question is directed to the Minister of Energy and Power Development, Mr. Mangoma. Why is the prepaid meter connected on the consumer side and not on the ZESA side?
THE ACTING SPEAKER: Can you please go over your
question again?
- MARE: Mr. Speaker Sir, this is a technical question and what I am saying is, why is the prepaid meter connected on the consumer’s side? What I am saying is, the prepaid meter will be consuming my electricity that I would be paying.
THE ACTING SPEAKER: That is as you have already said. Can you take your seat?
- MARE: Why is it connected to the consumer’s side because it is supposed to be connected on the ZESA side where ZESA is supposed to pay for its own electricity because the equipment is for ZESA not my equipment?
THE ACTING SPEAKER: As you have already said, this is a technical question that might require the Minister to consult so that he gets a technical answer to the technical question that requires an expert’s answer. If the minister is in a position to answer, he may but I think that this is a technical question that requires expertise in electricity which the minister can only get from his technical people.
- CHIMBETETE: My question is directed to the Minister of Finance. You made an allocation in the 2013 budget towards the tarring of Binya Road. Could you kindly advise as to when the work is going to start?
THE TEMPORARY SPEAKER: Order, Hon. Chimbetete, this
is a specific question that would require the Minister to research. So, can you put it in writing?
- CHIKWINYA: Thank you Mr. Speaker. My question is
directed to the Minister of Finance. May he state the position of financing the voter registration exercise seeing that there has been a divergent measure by the Registrar General’s Office from the Constitutional provision of 30 days per ward to a maximum of three days per clustered wards in our constituencies?
THE MINISTER OF FINANCE (MR. BITI): Thank you very
much Hon. Speaker Sir, and thank you very much Hon. Chikwinya for that question which is very important in light of the current shenanigans by certain people in this country.
Mr. Speaker Sir, there are two things: the first one is that we provided US$5 million to the Registrar General for voter registration. This amount was used for the initial voter registration from the end of
April to the 22nd of May, 2013. You can call that phase one. You recall Mr. Speaker Sir that, that was the voter registration exercise that was so fraught with irregularities. There were challenges around aliens being refused to vote, and challenges around women in unregistered customary law unions being told that you have to go back to your original home. If you are married in Nkayi, you have to go back to Bocha where you came from originally, to get a birth certificate.
There were challenges for instance around the process of the voter registration in some cases particularly in the urban areas, they would come at nine and finish at four. Sometimes you would not get voter registration slips and so forth. So, we then agreed that the intense voter registration exercise defined in Part 3, Schedule 6 of our Constitution should commence.
What we then did was that we looked at the budget for this exercise as requested by ZEC and the ZEC budget was around US$18 million. We said fine, we will give you US$20 million. So, by hook and crook, we looked for money under waters, trees and we got this money. When we got this money, we then gave it to ZEC so that the intense voter registration exercise could start as soon as possible.
When the Constitution became law on the 22nd of May, it meant that the obligation to start the voter registration exercise was not there but the constitutional provision says after the passage of the election. So, it could have meant 5 June or whatever after the 22nd of May. Be that as it may, it actually officially started on the 10th of June, 2013 and it is scheduled to end on the 9th of July, 2013.
We have provided US$20 million for this exercise. What should then happen in terms of the law is that this intense voter registration exercise should be a thirty-day period in every ward and an intense voter registration period in every ward. In fact, the agreement in Cabinet was that at every polling station, there must be voter registration. We now have conflicting reports on money between what ZEC is saying and what the Registrar is saying. What we do from our calculations is that the money that we have given to them, the $20 million, is more than enough to do voter registration exercise for 30 days in the ward and not the current revision which is now 30 days in a district.
What disturbs us Mr. Speaker is that, we read the complaints of the Registrar General in newspapers and not elsewhere. What is fact is that we have given resources for the voter registration exercise and the resources are not an excuse anymore. Therefore, the challenges that are now being experienced are not a problem of money but are of a system that does not want our people to exercise their democratic right to vote as guaranteed by Section 67 of the new Constitution of Zimbabwe.
I just want to give you some of the examples; aliens who were given a new right to vote, a new citizenship by birth in terms of Section 43 of the new Constitution are being told that you have to renounce your old citizenship and go to Room 100 at Mudede’s office. That is unconstitutional Mr. Speaker and the majority of complaints are around aliens. The second thing that is a complaint again, which is not a problem of money, is the issue of residence requirements. People are being told that if you do not have a water and electricity bill; or a letter from the councillor. That affidavit is not being allowed to people, yet the law is now very clear. You can swear an affidavit that shows that you are a resident. So, we have a problem.
The third problem is the issue of I.D. cards. What we agreed in Cabinet is that wherever there is this voter registration centre, there are two people there, Tobaiwa Mudede as registrar of voters and Tobaiwa Mudede as the Registrar General of Zimbabwe who does issues like birth certificates and I.D. cards. In some polling stations, Tobaiwa Mudede is only there as Registrar General of voters and not Registrar
General of birth certificates and I.D. cards. So, people have problems.
In some areas where he is there in both capacities, people are being given I.D. cards, those green forms, but there is no picture. If there is a picture, and they are attributing this to their machines, your picture is half and in the case of you Mr. Speaker who puts on spectacles, only your glasses will just appear and not your full face.
Another challenge is that of married women or rather women in unregistered customary law unions. They are still being told to go back. So, the net result is that the new intense voter registration, for all intents and purposes, is actually more fraught with omissions and commissions; with chitsotsi than even the previous one that everyone complained about. I am pleased to say that this is one of the issues that the Principals of Cabinet of our Government are discussing but the bottom line is that, whatever is happening has nothing to do with money. For instance, in Chinhoyi, a person who stays in ward 4 is being told to go and register in ward 17 which is 20 or 40 kilometres away. In places like Chimanimani, they came for one day. Even in Mabvuku and Kuwadzana yesterday, they came for one day but the queues were from here to Masvingo, so they could not register all the people. They are still multi-tasking, trying to register people and they have got four or five phones, calling and answering to everyone. So it is not working. Why it is not working - it is a political attitude not money.
- CHIKWINYA: I believe the Minister of Finance, as the person or as the stakeholder distributing money to this whole exercise; and noticing that we have diverted from the constitutional provisions of 30 days per ward to a clustered system, must surely come up with policy initiatives for the Registrar General to revert back to the constitutional provisions. May he, at this time, inform this august House, what policy initiatives have they put in place so that the Registrar General, whilst using the taxpayer’s money abides by the constitutional provisions? THE ACTING SPEAKER: I am now not sure whether it still
remains the minister’s responsibility to supervise the Registrar General as he falls under a completely different ministry. Minister, you can still come to …
* MR. BITI: The problem that I now have with that question is that I cannot go to Registrar-General Mudede to hold him accountable. That is the problem but my responsibility is just to look for money which I have already done. Registrar-General Mudede is the one who is causing all these problems. Unfortunately, I do not have the power to ask him to go and correct that issue.
- CHITANDO: On the amount of money which you gave out
for voter registration, was there an amount which was earmarked for advertising as we are witnessing a break-out on the electronic and print media for voter registration advertisements?
- BITI: The budget which we provided covered the following; voter education by ZEC, which is why from the 22nd of May to the 9th of June, you saw voter educators from ZEC in constituencies. That covered that. The money we provided covered per diems for the officers out in the field right now and covered advertisements for where they will be. That is why you saw those adverts. They came late on Monday or Tuesday last week but they were in newspapers. I think the question is that they were not adequate but they were there. So it covered that. The money we gave also covered the security of everyone who is doing this work. The money also covered something which is not being done right now but the idea was that we should separate inspection from registration.
What was agreed in Cabinet was that every school in a ward or certain selected schools in a ward should actually be given the current voter’s roll in disk and hardcopy form, so that instead of people going to join those queues where people are also trying to register to vote, you just go and check your name and not have to go and join the other queue for registration but that is not being done.
It was a comprehensive budget but unfortunately, we are not so privy to how the money is being used. What we did this time because the problem which we had when we gave out the $5 million is that we gave the $5 million to the Registrar-General of Voters but the RegistrarGeneral of Voters is only carrying out voter registration at the special instance and request of ZEC by law. The voter registration is being done by the Registrar-General of Voters but under the supervision of ZEC. This time we gave money to the principal which is ZEC and not the agent, Tobaiwa Mudede. We thought that would mitigate things and it was our hope that, that would mitigate things but we do not see the evidence of that.
- MAHLANGU: Minister, after the allocation of the $20 million, we were actually surprised as the representatives of the people to be seeing ZEC moving with top class luxury cars. Did you allocate that money for them to buy those cars?
- BITI: Indeed, there was a capital budget in the money we allocated. ZEC clearly needs computers and vehicles, so we did allocate them but as to what kind of vehicles they bought or they could buy, I do not control that. My job as I said before is just to make sure that money is available to these constitutional bodies so that they can do their work.
You must also appreciate that if they have to do their work, then they have to go to every part of Zimbabwe; Gwelutshena in Nkayi,
Muzarabani in Mashonaland Central, Dotito in Mashonaland Central, Chiendambuya and Headlands in Manicaland. They have to travel on roads like Binya road for instance. So you cannot expect them to drive on a Morris Minor, it is not possible. I cannot comment on the cars that they have bought but if you want them to do their job, certainly they must have vehicles that will reach emaguswini eBinya road ekhaya lwaseNyanga le.
- NCUBE: If he can enlighten the House, how far have they gone with the money for elections since we will be having elections at the end of next month?
THE MINISTER OF FINANCE (MR. BITI): It is a very good
question and I am beginning to sound like a broken record on the question on whether the Government has money for elections. You know those gramophones that we used to put ten cents on top and if you are playing Chipo Chiroorwa it goes, Chipo Chipo and it cannot get to Chiroorwa. I am beginning to sound like a broken record on this one.
Mr. Speaker, we do not have money for elections and the budget cannot afford to fund the elections. We are looking for at least $140 million to fund the elections. We do not have money for the elections.
As I said last week, we had agreed that the United Nations should come in and it is still the position of Government but there are others who are trying to frustrate that.
We also went to SADC on Saturday this weekend. SADC is still prepared to help us look for funds. I was speaking to the Executive Secretary of SADC, Dr Tomaz Augusto Salomao who said that what he is going to pursue in Maputo, is to visit the capital city of every SADC country to look for the money and I volunteered to accompany him to some of the places.
We have been talking to donors. Donors still want and are ready to fund the election but they want two things. They want a clear transparent mechanism of disbursement so that the money goes into legitimate election processes. What is concerning everyone including SADC is that, no-one wants to put the hard earned money from his or her taxpayers into a process that is going to fail. No-one wants to put money in a black hole. So people are saying, donors are saying and SADC is saying that, we want to see guarantees that this will be a sustainable election because we do not want to fund something that is going to be a false election like the June 28 elections for instance, which everyone will question. We will have put our hard earned money into a dustbin.
So, the question of the legitimacy and credibility of this election is also going to determine whether we can attract money from donors or anyone else which is why the current discussions about the Proclamation, the legality, the legitimacy and the credibility of an election on the 31st of July, 2013 have become so central because no one will put money in something that is so self-evidently going to fail.
That is where we are. We do not have money but if we put our house in order and if we work together particularly, if Minister Chinamasa was to be able to come on board and abandoned the new found streak of insanity, we can do it.
- S. NCUBE: Is it the lack of political will which is failing us to get the money or there is no money?
- BITI: From the Government’s side – I have said this in this House over and over again. It is not possible to raise additional taxes. I cannot raise taxes. Even if I were to raise taxes, taxes are a process. For instance, I raised duty on fuel on the 9th of March 2013, we can raise US$50m from there but only on the 31st of December 2013. So that is meaningless because they will not be able to serve the current purpose.
In any event, even though I was given authority by Cabinet to raise taxes, we must remember that elections will come and go in one day. We do not want to implement certain things that will kill the economy. Some of these policies if you implement them, have got the effect of crowding out the economy and killing the economy.
What we did on the Referendum, we cannot repeat it. On the Referendum we borrowed US$40m from NSSA and Old Mutual. As a result, people cannot borrow from the banks because NSSA and Old Mutual provide 60% of the on-shore landing that is in our banking system. The smaller banks are crying right now because they traditionally depend on money that they borrow from NSSA and Old Mutual. We cannot do what we did on the Referendum, it is out of the question.
The only thing that we can do to raise money and if that money can come now, we do not have to go to anyone to ask for money, is if Hon. Obert Mpofu can be honest enough to give money from diamonds to the budget. He is not doing that. It is an issue that I am now a broken record. Last year we sold diamonds worth US$800m. We should have gotten US$400m from that and we got US$43m. This year in the first quarter we have sold US$200m, you do not have to be a rocket scientist to guess what came to the Treasury – zero, two bhobho, two bhobho. Nothing came to Treasury.
To get money from Hon. Mpofu, I do not have super powers to order Hon. Mpofu. I wish I had because I will shoot him - to get money from diamonds. It requires political will from the leader. Unfortunately, that is not coming. That is the internal aspect.
On the external aspect, we still need political will. We still need to speak with one voice. We still need to show that we can play as a team to get this money. Ever since we get closer to elections and people started talking about elections and ever since the Proclamation, the bottom line is that there is no Government in Zimbabwe. It is there normatively. It is there de jure but de facto it is not there. It is a complete breakdown. It is complete chaos and anarchy and that the donors are also watching.
Questions Without Notice were interrupted by THE ACTING
SPEAKER in terms of Standing Order No. 34.
MOTION
LEAVE TO MOVE SUSPENSION OF STANDING ORDERS
- 22, 23 (2), 34 (5), 104, 105 AND 109
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT: I seek leave of the House to move that the provisions of Standing Orders No. 22, 23 (2), 34 (5) and 104, 105 and 109 regarding the automatic adjournment of the House at five minutes to seven o’clock p.m. and at twenty-five minutes past one o’clock p.m. on Fridays, private members motions taking precedence on Wednesday after question time, the gazetting of Bills, the referral of Bills to
Portfolio Committees and stages of Bills respectively, be suspended in respect of the Electricity Amendment Bill [H.B. 3, 2013] and the Money Laundering and Proceeds of Crime Bill [H.B. 4, 2013].
Motion put and agreed to.
MOTION
SUSPENSION OF STANDING ORDERS NO. 22, 33 (2), 34 (5), 104,
105 AND 109
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT: I move that provisions of Standing Orders No. 22,
33 (2), 34 (5), 104, 105 and 109 regarding the automatic adjournment of the House at five minutes to seven o’clock p.m. and at twenty-five minutes past one o’clock p.m. on a Friday, private members motion taking precedence on Wednesday after question time and that question time shall be on Wednesdays, the gazetting of Bills, the referral of Bills to Portfolio Committees and stages of Bills respectively, be suspended in respect of the Money Laundering and Proceeds of Crime Bill and the
Electricity Amendment Bill (H. B. 4, 2013).
- MUDARIKWA: Thank you Mr. Speaker. The Electricity
Amendment Bill is a critical component in the society. I feel it is critical that it must be referred to the Committee because the nation is bleeding.
There is need for the Committee to look at the Electricity Amendment
Bill.
FIRST READING
MONEY LAUNDERING AND PROCEEDS OF CRIME BILL (H. B.
4, 2013)
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT presented the Money Laundering and Proceeds of Crime Bill [H. B. 4, 2013].
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
FIRST READING
ELECTRICITY AMENDMENT BILL (H. B. 3, 2013)
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT presented the Electricity Amendment Bill [H. B. 3, 2013].
Bill read the first time.
Bill referred to the Parliamentary Legal Committee.
On the motion of THE MINISTER OF ENERGY AND POWER DEVELOPMENT, the House adjourned at Twenty-Five
Minutes past Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 20th February, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE DEPUTY SPEAKER in the Chair)
ANNOUNCEMENT BY THE DEPUTY SPEAKER
NON-ADVERSE REPORT RECEIVED FROM THE
PARLIAMENTARY LEGAL COMMITTEE
THE DEPUTY SPEAKER: I have received a non-adverse Report on the Income Tax Bill [H.B. 5, 2012]
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- CHIMHINI: My question is directed to the Deputy Prime
Minister. Is it Government policy that individuals can just wake up one morning and take over mines? If it is Government policy, what does that mean in terms of investor confidence?
- BHASIKITI-CHUMA having walked into the House without
a tie.
THE DEPUTY SPEAKER: Order, order in the House, Hon.
Bhasikiti-Chuma can you go out and dress properly, please?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Madam Speaker, it is certainly not Government policy for individuals to apply law of the jungle and take up other people’s assets in Zimbabwe. Certainly not! We are a country which is rooted in the rule of law. We are a constitutional democracy with the three pillars, the Executive, the Legislature and the Judiciary. I am very happy that on the matter that you refer to, that the third pillar, the Judiciary agrees with our position as the Executive, that no, it is not Government policy for individuals to take over mines. The court has moved in to correct this irresponsible behavior.
We do believe in economic empowerment of our people and indigenisation of the economy. However, we do that using the rule of law and applying the empowerment and indigenisation Act. It is important the actions of our Ministers and Members of Parliament do not undermine investor confidence. In particular Ministers of government must be custodians of the rule of law. So certainly it is not part of Government policy for individuals to invade and take over national assets. I want to thank the hon. member for that question.
- HOVE: I would like to direct my question to the Hon. Deputy Prime Minister. The question pertains to the statements that appeared in the newspaper of today that the police had banned the acquisition or possession of radios. I want to find out whether it is Government policy for police to come up with laws of their own and then enforce them?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Madam Speaker, I am not privy to the details of the matter that the hon. member has raised. The two Ministers of Home Affairs will be able to answer that question adequately in terms of the specific issues being raised.
However, having said that, we believe in free flow of information. We believe in multiple channels of communication in the country. This is the information age, Madam Speaker, we are operating in the age of the ICT revolution. The age of Facebook, Whatsapp and Twitter. It does not make sense for this country to have one TV station for example. Are we mad? - [Laughter]-How can this country Madam Speaker, have one TV station in this day and age when Kenya has seven local TV stations, when Malawi has four or five. I am saying we have to shape up or ship out in terms of the requirements of the global economy and globalisation.
Hence, I am saying without the specific details of the issues raised by the Member. I venture to say the more the merrier in terms of newspapers, the more the merrier in terms of radio stations, and the more the merrier of TV stations. Information is part of education, information is power under globalization. Information provides empowerment of citizens. Trying to control information is unsustainable because they can go and do Twitter, go on Facebook and do Whatsapp. You cannot control that. Control of information is not compatible with globalisation. Control of information is not compatible with the ICT revolution. It is a completely unsustainable strategy; in fact it is an exercise in futility.
However, on the specificities and the details of that question, I would want my two colleagues, the two Ministers of Home Affairs to address it directly. I have given you the information and communication policy framework, which we say the more the merrier in terms of the dissemination and sharing of information. I want to thank the hon. member for that question.
THE DEPUTY SPEAKER: Hon Hove, if you want more information
about your answer put your question in writing addressing it to the relevant Ministries.
- NEZI: Thank you Madam Speaker, my question is directed to the Deputy Prime Minister. In the absence of the core Ministers of Home Affairs, what is government policy pertaining to spot fines by the Police when motorists do not have vehicle licenses on them?
PROF. MUTAMBARA: Madam Speaker, we have heard a
number of conversations on this subject. First and foremost, when we raise resources as the state, when people pay penalties and when they pay money, the money must go to a central pot which is our Treasury, the Ministry of Finance. The proper and correct thing to do is for the different agencies of the State, when they collect the resources, fines and cash, that cash should find its way to the centre, which is the Ministry of Finance. The Ministry of Finance can then redistribute and send resources to Ministries. So the policy position in general around the collection of fines and penalties is that, that money must go to the centre, the Ministry of Finance. The Police must not keep the money that they collect.
In terms of the legality of the spot fine itself; is it legal to charge on the spot? I would not want to preempt my colleagues from Home
Affairs about the legality of the activities of charging a spot fine. What I am clear about is that the money must not go to the Police and the Home Affairs, it goes to the centre. Also, the potential victim or person accused must be given an option to pay elsewhere. In other words, the spot fine cannot be mandatory. It is an option. You are given an option to pay on the spot or if you do not want, you can say give me a ticket which I will pay later or I will go and challenge it in the courts. That is democracy. So a spot fine should not be mandatory. It must be optional so that the Zimbabwean citizen is given an option to challenge the spot fine and also to pay elsewhere. I want to thank the Hon. Member for that question.
- NEZI: Thank you Madam Speaker. So, from what the
Deputy Prime Minister has said, I take it that some members of the Police are taking it upon themselves to reinvent the law. I would give examples of two Police Officers who did refuse that. I do not wish to name them now but I have got the details and the time. So such Police
Officers are tarnishing the name of our democracy and I am sure the
Deputy Prime Minister has to comment on that.
The first order of business Madam Speaker is to establish the law. What does the law say? Let us get that established. We are going to do that and if the law is as I have described it, then those officials are violating the law of Zimbabwe and measures should be taken against them. We believe Police Officers are key custodians of the rule of law in the country and the last we expect is for them to violate the laws of the land. But as I have said earlier on, the two Ministers will establish what the law says and if the law does not allow the police to do what they have done, justice will have to take its course and there will be measures taken against the offending officers.
- KANZAMA: Hon. Deputy Prime Minister, is it also proper
and according to the laws of the country, that Police Officers act like members of the Vehicle Inspection Department (VID) by identifying faults on vehicles when they are on the roads.
THE DEPUTY SPEAKER: I will allow the Deputy Prime
Minister to answer but that is a new question. That is not a supplementary question.
As a good bush lawyer, I would have to
say I have to listen to the Minister of Home Affairs address that specific question in terms of the powers of the Police. Are they allowed to inspect vehicles and are they allowed to take measures? I will have to defer to my colleagues on that question.
THE DEPUTY SPEAKER: Hon. Kanzama can you put your
question in writing and address it to the relevant Ministers.
- D. S. SIBANDA: Thank you Madam Chair, my question is directed to the Deputy Prime Minister …
THE DEPUTY SPEAKER: Order Hon. Sibanda, I am not the
Chair. Could you please withdraw that statement?
- D. S. SIBANDA: Thank you Madam Speaker, I am sorry. My
question is directed to the Deputy Prime Minister. Matabeleland, if I look at it in particular, Matabeleland South and Matabeleland North, it has always been a drought prone area. Already there is a threat of hunger in those two areas. What mechanism is the Government putting in place to at least avert the disaster which we are likely facing? Thank you.
Madam Speaker, I want to thank the
hon. member for that question. There are three things that we are working on. The first one is to say, let us understand our geography and the different agricultural regions. We must have a clear understanding of the different agricultural activities in the regions. The temptation is that when we say agriculture, we concentrate on crops like maize and wheat. At the same time when we fund our agriculture, we are funding crops like maize, wheat and cotton and not realising that in those areas you have described, the main activity is livestock production. The unique needs of cattle ranging must be taken cognisance of.
So, one thing we are doing as Government, is to pay sufficient attention to Matabeleland North and South and say these are largely cattle ranching areas or livestock production areas. What can we do at a policy level to enable the rearing of cattle in those areas? What can we do to support the economies of Matabeleland North and South which are driven by livestock? So, we have taken a conscious decision to say, no one size fits all. Not all of us are growers of maize and wheat. Others are
predominantly working on livestock. When we are saying, for example, drought mitigation, the temptation has been to say, okay, how do we get maize to the people? How do we make sure they reach them but we are now also saying how can we salvage livestock? What can we do to help the farmers in Matabeleland North and South whose cattle are dying because of the drought? So, that is the first thing that we are doing to have a clear understanding of our agricultural regions and to have a clear understanding of the different economic activities in our country. So, special attention has been given right now as I speak, to livestock preservation and salvaging in Matabeleland North and South.
The second issue to say is that, when we say there is a drought and we are looking at vulnerable families; let us pay even more attention to those who do not grow maize because if there is a drought in Mashonaland East, Mashonaland West, and if Manicaland has a problem, it means it is even worse for those who do not traditionally grow maize. So actively again, we are saying in our drought mitigation strategies, we pay special attention to Matabeleland North and South in so far as grain is concerned. That is the second area of our intervention.
The last one is to say, why are we always fire fighting? We discuss inputs just before we plant. We discuss the drought when it has occurred. Why do we not have a three year agricultural policy framework? A two year financing model such that the budgeting for 2015 is done now for agriculture. The planning for 2015 in agriculture is done now. Long term thinking, so that we can anticipate droughts and we can build up our strategic reserves, put mechanisms and systems to protect our livestock to protect our livestock. So that last area is the key solution.
Madam Speaker, long term thinking - a three year agricultural policy framework and a commensurate and corresponding financing model which is two years in advance, more importantly, a 30 year vision for agriculture. Where do we want this country to be in terms of agriculture in the year 2050? Where do we want this country to be in terms of livestock in the year 2050? We are working on all those mechanisms to ensure that the people of Matabeleland North and South can have their issues addressed but more importantly, all Zimbabweans are better positioned in terms of agriculture, food security and the general economy of Zimbabwe. I want to thank the hon. member for that question.
- CHIMBETETE: Deputy Prime Minister, in Nyanga South,
I have eight headmen who were sacked by the Chief for belonging to the MDC party and they were replaced with eight ZANU (PF) headsmen. Is this permissible?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Madam Speaker, our policy as Government which has also been reinforced in the new Constitution is that our chiefs in Zimbabwe should be non-partisan. Our Chiefs in Zimbabwe must be above party politics.
When we say that you are a Chief, you are a Chief of all political parties.
When we say you are a Chief, you are Chief of all churches; you are a
Chief on behalf of all races. The chief must be non-partisan , they must not campaign for one party. The chief is the unifying custodian of a community’s traditions and culture.
What you are describing to me hon. member is completely unacceptable to this Government. More importantly, in the new Constitution, we have come out very clearly without ambiguity nor equivocation that the Chiefs and their institution should be non-partisan, they should rise above party politics. That way, the Chiefs will be able to play their traditional role and function effectively. Consequently, the three Principals, the President, the Prime Minister and Yours Truly are going to meet the leaders of the Chiefs’ Council on this very subject. We have views and reservations about the reports that we are receiving about how the chiefs are exercising their authority in communities. Of particular concern to us are cases where they are identifying with certain parties, and persecuting those from other parties. We are concerned about reports that some chiefs are encouraging o forcing their subjects to support political parties of preference or choice. This is completely unacceptable.
We are going to have a meeting with the Chiefs in the next week if not earlier. We have already communicated with them our objectiveto discuss that subject. They also have their own views about the new Constitution which we will talk about. I want to thank the hon. member for that question. It is completely unacceptable for our Chiefs to be partisan. It is completely unacceptable for our Chiefs to be pursuing the agenda of one political Party. A Chief is a Chief for all the people in their jurisdiction. A Chief is a Chief for all political parties in their
community.
- CHINYADZA: I just want to follow up on the question because the point which has been raised is that certain headmen have been suspended. I also have a similar case in my constituency where a headman has been suspended by a Chief for refusing to write down names of members in various villages belonging to specific political parties. What remedy is there for these people who have been suspended wrongfully for them to continue their duties as usual?
PROF. MUTAMBARA: Madam Speaker, what I outlined is the
policy position which clearly says, what happened, if it is correct is unacceptable. In terms of the specific cases being raised by the two hon. members, we will investigate and establish the veracity of the allegations. If they are correct, the Ministry of Local Government has to take corrective action. If it does not act, the Principals will act and I am one of them. So be guaranteed that, yes, there must be order. The Ministry of Local Government is the one that does the inauguration of the Chiefs. If there is an aberration of the nature that you have described, the Ministry of Local Government must intervene and take corrective measures. If they do not do that, we will descend on them as their supervisors.
- ZHANDA: Can the Deputy Prime Minister explain, he mentioned that obviously, Chiefs are not allowed to belong to any political Party. Are these Chiefs registered as voters, if they are registered as voters, which Party are they going to vote for? Over and above that, do these Chiefs belong to any church, if they belong to Anglican, how fair are they going to adjudicate on a case involving a member of the Methodist church?
PROF. MUTAMBARA: Madam Speaker, I want the hon.
member to be a better listener next time – (laughter) – I want the hon. member to open his ears and listen carefully to the Deputy Prime Minister. I said, the Chief must not be partisan; the Chief must not drive the agenda of one Party. I did not take away the chief’s right to belong to a Party. That is the chief’s civic and political right. However, when you become a Chief, you become a Chief of everyone including those belonging to a Party which is not yours. The chief has the inalienable right to belong to a Party. Just like the business people, they have their Parties they belong to. But once you are a banker, a headmaster or an accountant, you do not talk or do politics as you execute your duties.
You do your business in a non-partisan manner.
The business of a Chief is being the custodian of the tradition and culture. Yes, you retain your right to belong to a Party. Come election time, you get into the booth and vote for your Party. What we are saying is that, you cannot campaign for a Party. You cannot have a leadership position in a Party. You cannot drive the agenda of a Party because you now have a special role to be the custodian, to be the father of everyone in the community. The same analogy applies to the church. You are an Anglican. Now you are the Chief, it means that you are now the Chief for the Anglicans, the Catholics and the Methodists. You have to temper your Anglicanism with the knowledge that now I am a Chief for more people including those that do not go to my church. I thank the hon.
member for that question, I am sure next time, he will be a better listener to the Deputy Prime Minister.
- GWIYO: Thank you Madam Speaker. My question is directed to the Deputy Prime Minister. When are Zimbabweans likely going to be compensated their monies arising from the removal of zeroes, given the fact that the GNU is coming to its expiry?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
I must say that the exact answer of when to get compensation will come from the Minister of Finance. I will give you a policy position. We believe this issue is now becoming a human rights issue, a civil rights issue and it is becoming a labour issue. Surely, you cannot say citizens who had cash in the banks and then we dollarised, they lost everything and up to now Madam Speaker, we have not worked out an exchange rate to compensate them. These individuals have been victimised by my regime and I stand guilty as charged.
That is why I am saying as far as I am concerned, it is a matter that must be addressed as soon as possible because now it is becoming a human rights issue. You cannot take citizens money and then for three to four years, you do not work out a mechanism to repay them. What I can say is, I will commit this Government to addressing that matter, so that we are able to at least offer some amount. Let us disagree on the exchange rate but there must be a transaction where individuals are compensated. We will take it up with the Minister of Finance and get a specific date where that is going to be done.
Madam Speaker, the biggest victims are the poor. So, that is why I am saying it is a civil rights issue and a human rights issue. This has affected the majority of our civil servants and the majority of our poor people. We must take action and I commit myself to doing that. I want to thank the hon. member for that question.
- CHIKWINYA: Thank you Madam Speaker. My question is directed to the Deputy Minister of Mines and Mining Development. What policy measures has your Ministry put in place to ensure that ESSAR or the ZISCO deal takes off? When are the workers expected to get their salaries since his Ministry is involved in that deal?
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIMANIKIRE): I would like to thank the
hon. member for posing that question. The Ministry of Mines is responsible for policy on mining. When it comes to issues like exploitation of minerals that are already outside the ground, it is actually the Ministry of Industry and Commerce. So, ESSAR is a baby of the
Ministry of Industry and Commerce. Therefore, it is not the duty of the Ministry of Mines to prescribe when workers should be paid, when they should resume work and so forth.
- HOVE: My question is directed to the Deputy Minister of
Mines and Mining Development. It is concerning the status of the Mwenezi iron ore claims that ESSAR is insisting in getting before the consummation of the ZISCO-ESSAR deal. May you tell this House on the progress your Ministry has made in as far as granting of those iron ore claims to ESSAR, if at all you are going to?
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIMANIKIRE): Madam Speaker, I would
like to thank the hon. member for posing that question. Two weeks ago, the issue of Mwenezi claims was in the Supreme Court. The Ministry had actually gazetted that these claims should belong to Government to enable us to appropriate what should be appropriate to ESSAR. Suffice to note that the Ministry succeeded in upholding the fact that they were the proper custodians of the claims in Mwenezi. However, currently there are talks between the Ministry and ESSAR as well as exploration to establish the exact amount of ore that can actually be found in that
area.
So we are working jointly with ESSAR and experts from the
Ministry to determine exactly what is underground in that area. In terms of appropriating the correct amount of ore, that is an issue that is still under the discussion under the auspices of our Permanent Secretary.
The talks are ongoing between us and ESSAR. I thank you.
- MAZIKANA: Thank you Madam Speaker. I direct my
question to the Deputy Prime Minister who is a scientist par excellence. The country is like Saudi Arabia, Italy and France. They have centres of religious pilgrims. The recent events in Zimbabwe where we have claims of miracles, for example, a three day miracle baby would have been capitalised on to promote religious tourism in our country. Would Government consider that?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
I think the basis of the question from the hon. member is flawed but what he proffers is interesting, but the basis is very flawed. If you want to talk about religious tourism or cultural tourism or historical tourism, we have better things to show, not miracle baby or miracle money. We have better things to share with the world in terms of culture, for example, Mbuya Nehanda, Great Zimbabwe. In terms of history, we can share with the world the Chinhoi battle, Nyadzonia, Chimoio and so forth. That is why I was divided, because the idea of religious tourism to me, fits into cultural tourism, historical tourism and social tourism. These are good concepts, but the basis of the question is a three day old miracle baby and may be miracle money which are dubious entities.
We are better positioned to position our country around Great Zimbabwe, Mbuya Nehanda, Chaminuka, Matopo or Lobengula. There is more spirituality in our culture than what you are saying we should celebrate. We respect religion, we respect spirituality, but there are better things for us to showcase than what you have described. As far as I am concerned, as I said last week a country is run on laws, a country is run on science and nothing else. The other things can be used for tourism but not for public policy.
- MUNGOFA: To the Deputy Minister of Mines, I would like to ask, how many special grants have been recovered from speculators and if they have been any, are there open for application by the ordinary people.
THE DUPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIMANIKIRE): I would like to thank the
hon. member for posing that question. In February 2010, twenty-five special grants were issued for coal in the Hwange basin. As of November 2012, our survey as Ministry has revealed that only three of those special grants have been utilized and reports we have been receiving are such that they are at exploration stages. However, the law does provide that within a period of six months, any benefactor – in terms of special grants award they are awarded by the Office of the President; the benefactors are supposed to submit their returns to indicate to the Ministry as to what level of development they will have instituted in various special grants granted to them. We have since, as a ministry, established that special grants are being held in special quotas for speculative reasons. The day before yesterday, we took a decision as a matter of policy in the ministry that we are going to summon all the benefactors of special grants and ask them to account for what they have done with various special grants. If there has been no development in terms of exploitation of the minerals, which is coal specifically, we are going to repossess all special grants that have not been utilized. There will be an advertisement to re-issue them to new applicants.
- ZIYAMBI: On the special grants, does the Minister also include the mining claims? This is because certain companies are holding on to 200 or 300 mining claims in the country, when in the same spirit, they refuse people who would like to use those mines for mining purposes; whilst out of the 220, they are using only one mining claim. Is this inclusive in the approach that you want to take?
THE DEPUTY SPEAKER: Hon. Ziyambi, who are you
directing your question to?
- ZIYAMBI: I have brought it as a supplementary, Madam Speaker.
- CHIMANIKIRE: Madam Speaker, there is a difference
between a special grant and an ordinary claim. Given the impression
that the hon. member is talking about other claims; special grants are a prerogative of the President’s Office. However, claims pertaining to other minerals can be granted by ministry officials, specially the
Commissioners of Mines that we have in various regions in the country. Yes, we are aware that in certain areas, we have absentee mine owners and they have abandoned their operations. It is incumbent upon the Commissioners in various regions to advertise on their notice boards, so that members of the public are aware that certain mineral rights have been forfeited. The reason why we have revised the issue of fees is that if we have absentee miners who continue to renew their claims by paying annual fees. This is done in order to discourage massive ownership of claims. If there are any such areas that the hon. member has such queries, I would invite him to our offices and we will take appropriate action. As far as we are concerned, the Mines and Minerals Amendment Bill will be coming to Parliament as a repeal. We are going to propose for the repealing of the current Mines and Minerals Act and in its place, we are going to bring in a new Bill that will ensure that we have a new Mines and Minerals Act. In that new Mines and Minerals Act, it will be a “use it or lose it” situation. If you are not utilising any claims, then you are bound to lose them in terms of the law that Parliament is going to pass in the near future.
*MRS. CHADEROPA: I would like to ask the Deputy Minister of Mines that there are people with land but do not have money and are having problems from those people who have mines. That person earns a living from that land but you will find that they will end up losing that land because of the miners who have money. I do not know how you can address this issue so that those with land cannot lose their land to the miners.
* THE DUPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIMANIKIRE): Madam Speaker, I would
like to thank the hon. member for the question that she has asked. If I clearly understood her, she said that those with land are being troubled by those miners who are coming to mine on their land. These people earn a living from their land and they are disturbed by the miners because they keep on digging in their land.
Yes, this happens but the issue is that as Government, the law says that if we realise that there are mineral deposits where you have settled, it might be a farm, a school or a hospital, we have the right to re-locate you by giving you somewhere else to farm or to go and stay. That is what the law says. If we are requesting that you move from that land to a new area, we need to make sure that we compensate you for the value of your property and your produce on that land. You are not moved without compensation, that is building the house you are going to dwell on and the place you are going to stay; like what was done in Chiadzwa by Mbada and the Anjin. The law says mining shall take precedence but if you find those who are always digging on someone’s land without the adequate papers that is illegal. That should be reported to the police or you can bring the matter to the attention of the ministry. That is mostly done by people who do not have the right to be mining in that area.
THE DEPUTY SPEAKER: Hon. members, do remind me your
names, I have forgotten.
- NAVAYA: Thank you Madam Speaker. I would like to ask the Deputy Prime Minister. Deputy Prime Minister, what is happening to our mandatory 5% blending in Chisumbanje? What is happening to
it?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Madam Speaker, there is a written question on Chisumbanje which I am going to address. So, I think he can hold his guns. I will respond to his question with the other issues on Question No. 1 on the Order Paper.
- SANSOLE: My question is directed to the Deputy Minister of Mines and Mining Development. What is Government Policy regarding mining activities in conservancies? I am asking this question with particular reference to mining activities in the Gwaai Conservancy where wildlife is being threatened by mining activities. I thank you.
THE DEPUTY MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIMANIKIRE): Madam Speaker, I would
like to thank the Hon. Member for posing that question.
The question that I answered from the previous speaker has a link to the question that the Hon. Member is posing. However, when it comes to conservancies, certain rules and regulations have to be observed. Yes mining takes precedence but we then liaise with the Environmental Management Agency (EMA), which is responsible for ensuring that the environment is maintained as natural as possible. We then liaise with my colleague in the other Ministry of Environment to ensure that there is minimum disturbance of the natural habitat.
In other words, you may find that we will regulate that you do not have to use a certain amount of explosives if the explosives are going to result in scaring away big animals like elephants, rhinos and so on.
However, there are certain areas where there are no-go areas if the Government so appropriates through Cabinet.
In other words, it is not compulsory that we destroy our conservancies in order to ensure that there is mining. So, there are certain reserved areas that as a Ministry, we may not allow mining to be conducted. There are certain areas where we will have to ensure that there are accompanying regulations to ensure that the miners refrain from using certain types of machinery that will disturb the natural habitat. I thank you.
- DONGO: My question is directed to the Deputy Prime Minister, Hon. Arthur Mutambara. What is Government policy towards the infrastructure that was left on the farms by the previous farm owners, especially the houses which are being occupied by the former farm workers?
THE DEPUTY PRIME MINISTER (PROF.
MUTAMBARA): Madam Speaker, I want to thank the Hon. Member
for that question.
Our Constitution as we have it today, the current Constitution says, all land is State land and when land is taken away from the old white farmers, there is no compensation for the land itself. The land is taken back by the State for no compensation. However, for the improvements, that is, the infrastructure, the houses, the dams, the warehouses and irrigation schemes – for the improvements on the land, there must be compensation. That is the law in terms of our Land Reform Programme, and our Constitution. There is no compensation for the land itself but there will be compensation for the improvements. So, we have an obligation to compensate the farmers for improvements and we have done so in some cases and we have not done in other cases.
Now, the farm workers are a very interesting category because we are very clear about compensation for improvements to the former farm owner, but we have not said anything about the farm workers – what kind of compensation do they get and what kind of rehabilitation do they get. What we addressed in our laws is the fact that there is no compensation for the land itself, but there will be compensation for improvements, to the old owner. We did not address the issue of the farm workers.
So, there is a lacuna there. There is a gap in terms of addressing the interests of the farm workers but the infrastructure, if it was built by the old farmer, there is a legal requirement to pay compensation for that to the old owner. We neglected the former workers, and that is a travesty of justice.
Madam Speaker, the matter of compensation for improvements is a very important subject because, remember one of the things we are saying is that; let us somehow bring about collateral value of land so that the 99-year lease is bankable. This bankability of the 99-year lease or the provision of bankable title to the new farmers is very important, otherwise, land becomes dead capital. What we want is for the new farmers who were resettled on A1 or A2 farms to be able to go to the bank and borrow against the land so that they can finance agriculture.
Now, in the process of making the leases bankable, in the process of restoring collateral value of land, we must address this issue of compensation for improvements. Because, if you do not, when you give the 99-year lease owner a bankable lease, the old farmer can come and say yes, you now have a bankable lease, but, you owe me so much for the improvements. This then renders the bankable lease dysfunctional and inoperable. So, it is in our national interest somehow to put finality and closure to the issue of improvements so that we can convert the land we got under the Land Reform Programme into performing assets; so that the land can be borrowed against. Otherwise, those that had improvements, those that put the improvements can go to our courts and laws and claim that you owe me because I have not been compensated. This will effectively put on a lien on the land and thus undermining the ability to borrow against the land.
So, that is the position on improvements. On infrastructure, on the land acquired by the State, I want to thank the Hon. Member for that question.
- CHINYADZA: Thank you very much Madam Speaker. My question which supplements your answer relates to who actually pays for the improvements? Is it Government, obviously meaning the man on the street or the person who was allocated land who actually pays for the improvements?
PROF. MUTAMBARA: Mr. Speaker Sir, once we say all land is
State land, once we dispossess the old farmers as the State and give leases to the new farmers, the obligation is with the State. What we can do as the State is to say, you are now the new farmer, the new owner, what is the nature of your obligation in terms of compensation for improvements in terms of the legal position? Can you assist Government to pay off the compensation for improvements? The dialogue can be instituted. However, the legal obligation to pay compensation for improvements is on the State. We as the state and Government, have the duty and obligation to pay compensation for those improvements. But as a matter of policy, we can then say, new farmer, can we not work together to provide resources for compensation, but the legal obligation is on the State.
- KANZAMA: Thank you Madam Speaker. Hon Deputy
Prime Minister, following your explanation, the issue of validity of these title deeds after land acquired by the Government – are they still valid and if they are still valid, what is the Government going to do to make them invalid and come up with a new process of having 99-year lease.
PROF. MUTAMBARA: The land reform was a revolution. Revolutions, by definition, are not pretty; they are untidy. There has never been a bloodless revolution in history. So these are the things we need to address now, having gotten the land through a revolutionary process. The important thing I want to emphasise Madam Speaker is that …….
DEPUTY SPEAKER: Order hon. members, who is laughing so loudly? – [HON. MEMBERS: Navaya! Navaya!]- Hon. Navaya, we are not at where you take those wise waters. This is an august House and honourable House. Deputy Prime Minister you can continue.
PROF. MUTAMBARA: Madam Speaker, what I am
emphasising is that, having carried out the land reform programme, we must make sure that now we tie the loose ends. We move away from land acquisition to productivity, driving up yields per hectare and embracing viable land use in the country. Some of the things that I am going to talk about are in the new Constitution. We must make sure that somehow we restore or inculcate collateral value of land. We must reestablish a land market in Zimbabwe.
This business of Government and Non-Governmental
Organisations funding agriculture alone is unsustainable. Agriculture is a business. We must be able to go to the bank and borrow against the land and do commercial agriculture in addition to subsidies from
Government. In fact, subsidies must complement commercial funding. The land itself, must be a performing asset which you use by going to the bank and borrowing money to do agriculture. Restoration of collateral value of land is subject number one. Of course, we must put mechanisms in place to stop the old owners from coming back and buying back the land. Mitigation against this possibility is required.
Number two, security of tenure; you do not want a situation whereby you are on the land – you have a 99-year lease but if you misbehave, we withdraw the lease. The land must not be used as a political football. The new farmer or beneficiaries of A1 or A2 farms must be secure on their farms. It is in their interest so that they can invest their savings and put infrastructure, farmhouse, a garage and irrigation schemes. How can you do all those things if you are not secure on the land? You end up being a cell phone farmer doing sub- optimal agricultural activities. The new farmer who benefited from the Land Reform Programme needs security of tenure, knowing that he or she will be on the land for 30 or 99 years for real or she can then comfortably and securely invest their savings in agriculture. He or she will do proper agriculture. This is why the issue of leases comes in, that why do we not make these leases bankable or tradable? How can we make sure that somehow you are secure on the land? That is the issue we are raising so that you know this is my farm. Security of tenure combined with collateral value of land and will empower the new farmers as we move from land acquisition to optimal land use characterized by high yields and productivity.
I venture to say, when you are on the land, you must not be victimised because of your political affiliation. If you change Party affiliation for example, the farm must not be taken away from you. You must keep your farm if we are serious about the land revolution. Why should the farm be taken because I am now party B? If I have the farm, I have the freedom to be a member of NDOGA, Mavambo, MDC-A,
MDC-B, MDC-C and so on. That is the function of security of tenure. I hope somehow we address this matter because if the farmer is not secure on the land, they will not invest on the land and they will not maximally utilise the farm because they are not sure whether they will be there tomorrow. So we must make sure that hon. members, we have collateral value of land while we borrow against the land. We have security of tenure where we know we are going to be on the land irrespective of anything and then we can invest our savings and do proper agriculture. We must also remember that land is a finite asset or resource. We have shared the land amongst ourselves in this generation. What will happen to the generation of tomorrow and the other future generations? Where will their land come from? What will happen to the generations who were not born during this Land Reform Programme? Will future generations not challenge this current programme? That is just food for thought.
Questions without notice were suspended by the DEPUTY
SPEAKER in terms of Standing Order No. 34.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
- MR. CHEBUNDO asked the Deputy Prime Minister Prof.
Mutambara as Head of the Inter-Ministerial Committee to inform the nation about the US$600m Chisumbanje Ethanol project.
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Madam Speaker, we have prepared a written answer to this question. It is about the progress, the challenges and the fate of the villagers at Chisumbanje. What the Government did on the 19th of September, 2013 is to come up with solutions to Chisumbanje. The solutions are in three categories. One is on the social matters, the second section is on the business matters and the last section is on technology.
In terms of the social matters, we have made a decision that says; all those who were displaced by the project must be given agricultural land for them to farm. They must also be given land for them to build their houses. There must be compensation for those people who were displaced by the project. We have also said that some of them must be allowed to become out growers to the Chisumbanje Ethanol project –so they become commercial farmers who are feeding into the ethanol plant.
There have been problems with Chisumbanje where people lost their cattle. Their cattle were slaughtered and some were injured and some were victims of poisoned or polluted water. Every individual or every member of the community in Chisumbanje who has been victimised by the project must be compensated. We have come up with our research and identified such cases and made a decision that they must be compensation for all the people who were victims or who were displaced by the project.
We have also put a committee together on the ground which is what we call the District Ethanol Implementation Committee, DEPIC, consisting of the Member of Parliament, some councillors, representatives of the community, the DA, the chiefs, the headman, the police, the Rural District Council and the company. This engine the
DEPIC is the key driver of the resolution of the concerns of the members of the community on the ground. This is how we have sort to address the concerns of the people on the ground.
We have also said that the employment, framework must also focus on local people so that these ordinary people in Chisumbanje and Chipinge are given some kind of preference in some of the jobs at Chisumbanje. However, we are pushing for national cohesion and integration so that people may be employed from everywhere throughout the country. However, it does not make sense to hire a gardener or sweeper from Masvingo or Harare to work in Chisumbanje. We want some local employment equity; We want to make sure the people of Chisumbanje are benefiting from this project. That is what we have sort to do at Chisumbanje in terms of the communities. We are working in an Inter-Ministerial Committee of Ministers which I chair.
Let me say at that Madam Speaker one of the major problems at Chisumbanje has been politics and politics and more politics between our political parties – who shall remain nameless in this great Chamber.
There has been a big debate that says, who is going to unlock political capital from the project? Who is going to get the votes from the project? Who is going to do the distribution of the irrigated plots? The fear is that whoever does that is going to have a political advantage. So, there has been tussling and fighting among our parties to unlock political capital out of the Chisumbanje Ethanol Project. Madam Speaker, this has been a major problem.
The way we have solved that challenge is by inclusion – by ensuring that all people, all interested parties are part of our solution.
So, we removed politics by inclusion. Our District Ethanol Plant
Implementation Committee is very inclusive – the Member of Parliament; the Councilors; the District RDC; the DA the chiefs representatives of the communities are all included. The motivation is to ensure all voices are heard, while all interests and aspirations are provided for. This way we minimise political bickering and the scoring of political points. I think, we have succeeded. We have also tried to be very balanced in the Cabinet Committee by making sure the major political parties are represented in the Committee. So, that when we go to the ground, we have everyone there. So when a villager is excited and they are talking politics I simply say to them, ‘Do you not see your leader here on this platform?’, and that neutralises them because if tge unclusive nature of the Cabinet Committee. So, politics has been a problem, but we have tried to mitigate against it by inclusiveness and making sure everyone is involved.
In terms of business, what we have recommended is that, this project started off as a BOT (Build Operate Transfer). So, it was a private company which was going to be handed over to us after 30 years.
Then we said, look, it is not in our national interest to operate that way. For starters, our land is there; it is our people and we are going to do mandatory blending for this operation. You cannot do mandatory blending for a private company. So, in terms of business, we are busy converting the BOT to a joint venture where the private player and ARDA; the private player and Government are partners. This is the business work we are working on under our resolutions on the 19th September 2012 to convert the arrangement from a BOT to a joint venture. This is work in progress. So that when the company does well, the people of Zimbabwe are benefiting because we are partners; when the company does well we are benefiting from dividends and also from the performance of that company as we are now partners.
In terms of technology, we have said, look let us go with the global best practice. Blending is now global best practice – other countries go 10%; others 15% and so on and we said, okay let us allow the blending of fuel in Zimbabwe starting with petrol. 85% is there on the market as optional; 20% is there as optional; 15% is there as optional; 10% is there as optional. But we said 5% will be mandatory. Meaning, no car will have any petrol in Zimbabwe without at least 5% ethanol. Which means, it is now illegal to have fuel in Zimbabwe without a minimum of 5% of ethanol. The Statutory Instrument was gazetted last week. So, the law is now in place to allow for mandatory blending at 5%. If you want more ethanol, you can get 10%, if you want more you get 15%, if you want more you get 85%. But these ones are optional provisions and not mandatory. With 5% ethanol there are no damages to any vehicles. We have done the investigations. Blending allow for better fuel economis. The high gradually move from 5% to 10% and 15% by 2015 Right now mandatory is on 5% and the Statutory Instrument was gazetted last week.
The drawback, why we are still having a problem? – we have not concluded the work in terms of the conversion from the BOT to the joint venture. The Statutory Instrument says, you will be allowed to be the blender if you are in joint venture with the State. You will be allowed to blend 5% if you are in partnership with the Government of Zimbabwe. So, the company in question has not achieved that status - the movement from a BOT to a joint venture is not yet complete. That is why you hear these stories in the media that, ‘the blending is hanging in the air’. The blending is conditional on the company being in partnership with the Government of Zimbabwe. The partnership has not yet been concluded.
However, we have made progress – our consultant has done his work on this matter and submitted a report to us; our technical people have looked at the report, the Ministers met on Monday the 18th February, 2012. We are now finalizing the issues around shareholding structure of the joint venture. Once we have done that, we are going to work on the basis of a Memorandum of Agreement (MOA). Once that MOA is signed, we can blend on the basis of that agreement. In that agreement, there will be a shareholding structure that is acceptable to Government and to the private player – that is the major work to be done.
What is our percentage as Government? What is the percentage for the company? That ratio has not been determined, but once we agree on that ratio, we are going to proceed by way of Memorandum of Agreement. At the same time, there will be a commitment in that agreement to our Indigenization law which says, 51% or higher is for the indigenous players. So, if we do not achieve 51% in the valuations being done, we then commit to moving our position from where it is to 51% or higher through investment, through providing more land and so on and so forth.
In summary, the MOA must have an agreed shareholding structure and must explicitly acknowledge and commit to the indigenous and empowerment laws of the country.
So, the drawback hon. Members has been that, the work to convert the BOT to the joint venture is not yet complete. Mandatory blending is conditional on a joint venture agreement. We are going to achieve the enabling MOA in the next week if not that then the week after.
One of the problems we had, I am sure you heard about the arrests of Chisumbanje villagers in January 2013. This was deplorable. What happened in January where people were arrested in Chisumbanje was because the Committee we set up the DEPIC (District Ethanol Plant Implementation Committee) was not meeting. We set up a Committee in Chisumbanje, this inclusive Committee, with the Member of
Parliament, the Councillors, the chiefs, headmen, the representatives of the communities, the DA, the RDC, the police, the company and planned that they start meeting. They did not meet. What happened?
The DA had instruction from some political leaders to say, no, disregard that Committee; no, disregard the word of the Deputy Prime Minister of the State of Zimbabwe. So, there was insubordination of the highest order on the part of a lowly DA, who decided to defy Cabinet; who decided to defy the Deputy Prime Minister. So, in December, there were no meetings; in November, there were no meetings; in January, there were no meetings. Consequently the villagers took the law into their own hands and said, ‘This is our land. The Deputy Prime Minister said that we can farm here’ and they went and attempted to grow crops and continue with their chores. As a result, there were altercations and confrontations between the Company and the villagers; on the reason why we had all these problems was because of that insubordination by the lowly DA. By insuring that DEPIC grouping was not meeting, he created a vaccum and chaos ensued.
This should never happen in a constitutional democracy. The DA reports to a PA, a PA reports to the Permanent Secretary for Local Government, and he in turn reports to the Minister. The Minister reports to me. So, how can a lowly DA four lines down the rank defy the authority of the land? It is because of political influence where some political warlords and God fathers decide to say, ‘To hell with this’, and create chaos. We have corrected that. We then eventually gave instruction to the Minister of Local Government to put the DA in line. Then the DA eventually convened the DEPIC meetings. Now, the meetings are happening in Chisumbanje and we are having tremendous progress. I say this to say, we must not allow politics to interfere with national projects such as the Ethanol Project in Chisumbanje. We must not allow partisan aspirations to affect the national interest. There is more that unites them that which divides us. Let us concentrate on the national interest.
So, we had a problem in Chisumbanje where certain warlords were trying to interfere with the issues of the State, defying Cabinet decisions, defying the Deputy Prime Minister. Now they know, you do not defy the Deputy Prime Minister and get away with it. Problem arose because in the absence of meetings and there was donga watonga. The Company was also conniving with the police to harass the villagers. That is another problem. The police behaved in a criminal manner in Chisumbanje – they were conniving with the Company to arrest villagers – it is completely unacceptable for the police to behave in a criminal fashion as they did in Chisumbanje. That is unacceptable and for the company to connive with the police to arrest our people, is unacceptable on this planet and in this country. I am saying this because you saw the information, read about it and saw the villagers being arrested. We have put a full-stop to it by ensuring the D.A obeys Cabinet and that the police are doing their work and are not being used by a private company. Now there is order in Chisumbanje and things are moving.
Our major challenge is now to quickly conclude the conversation around conversion from a BOT to a joint venture and quickly put in together a memorandum of agreement. On the basis of that agreement, we are going to blend and hence, our people are going to get jobs. Our people in the communities are going to be able to be out growers and to get agricultural land. In a nutshell, that is the answer to the question of progress, challenges at Chisumbanje and the fate of our people in the communities at Chisumbanje.
- MADZIMURE: Deputy Prime Minister, you mentioned that the communities are going to be compensated. This is a planning process, certain things were happening. When do you expect the communities to be compensated given that if they go for a long time they are kept on suffering? The second part is on the D.A who defied the Cabinet, do you in your honest position, think that the measures that were taken are sufficient enough to deter such activities tomorrow of insubordination?
PROF. MUTAMBARA: For now, I am concentrating on progress and solving the challenges at Chisumbanje. I am just happy that for now that D.A is now conducting meetings and has been given an instruction by Minister Chombo to behave and allow us to do what we have got to do at Chisumbanje. However, you are right to ask whether sufficient punishment has been meted out?. I think we can look within the system and within our laws to see what can be done to make sure that we do not allow that kind of insubordination to take place. We can pursue that with Local Government to ensure that justice is done.
I wanted to just emphasize that at a planning level, I am happy that the DA is no longer obstructing my activities. He is no longer obstructing the activities of the committee and he is allowing the meetings to take place. The meetings are very important because that is where you have everyone. Whatever party you are, you are in there. It is a good platform because once you decide, there is then one direction. It was a very important committee to meet. When they did not meet in November and December they created chaos for us. However, in terms of measures and penalties we can pursue that within the system.
This is work in progress because some compensation has already been done but the other things have not been done. The problem is that, some of the major things are dependent on the plant running and the blending. If we are not blending and there is no economic activity it is very difficult, for example, to do the out grower activities to make sure the irrigation schemes are done. The compensation is detailed in the report of what is going to be done and some things have been done but not complete.
Some of the major elements of compensation can only be effected when the plant is now running, the business is moving, we are now blending and money is coming. Then our projects of compensating the villagers and the communities can be done completely. So it is work in progress, some work has been done but not complete. The details of what is to be done about cattle and crops because there was also a behavior at Chisumbanje which was from the Rhodesian era. Cattle were killed, crops slashed down and villagers injured; the Rhodesian white behaviour where they would cut down the crops of our villagers.
Even if it is your piece of land, in our culture you do not cut down someone’s crops. You allow them to harvest their crops. There was white Rhodesian behaviour where they would cut down the crops and kill cattle belonging to the villagers. We have addressed all these matters in our report but we must move quickly to get blending and the business going so that we can fully compensate our people. However, never again should we allow the Rhodesian era behavior.
- MATIBE: Deputy Prime Minister, you said it is now mandatory for 5% blending but have you got enough facility to blend for the whole country?
PROF. MUTAMBARA: That is one of the things that took us a bit of time. What we call the logistics of blending. Yes, we have solved that problem. The fuel coming through the pipeline can be blended at Msasa where we put mechanisms and systems to allow for blending. We have also put mechanism systems in Mutare Feruka to blend there, blend in Beitbridge and also in Plumtree. Yes, that has been sorted out. We now have the capacity to blend 5% of our fuel in Harare, at Feruka, Beitbridge and Plumtree. That was one of the elements of the work to be done before we could fully adopt our mandatory blending.
The last piece now is to get that joint venture or that agreement with the company so that we can blend. Hopefully, if it works out well, we will look at what happens in the market and we can move up to 10% which is better economics. By 2015 we are targeting 15%. You are very correct in asking that question. We must make sure the logistics for blending are in place and there will be no fuel shortages because we cannot efficiently blend. We have tried to address that matter and I am sure we shall overcome.
- NYAMUDEZA: The villagers in Chisumbanje have lost income for almost four years. Are they going to be compensated for all those years?
PROF. MUTAMBARA: As we are busy debating and discussing
the shareholding structure that is one of the issues we are looking at. When you take land away from villagers, you are taking away their social capital. You are taking away their spiritual capital and you can hardly put a number to that. It is priceless. It means a generation has lost land and so have future generations thereafter. What we are trying to do in determining our assets as State, we are saying the land is ours. We must put a number to our land. We are saying the land was part of the social capital of our people. The land was part of the spiritual capital of our people, put a cash value to that. That is an aspect we will bring to the table.
We are also talking about our intellectual property. The designs about Chisumbanje were done by Government. There is a lot of planning done by Government. Why do we not put a cash value to that? We are also saying when we give you mandatory blending, that is a commercial instrument, which is worth money. Why do we not put a number to that as our contribution to assets? Anyway, we are going to try and put a cash value to that.
When we get that shareholding structure which reflects the social and spiritual capital in place, then we say how can we compensate the people who lost the land in terms of their social and spiritual capital. They have lost productivity and economic productivity for four years. In fact they have lost their land forever. How can we help them in a manner that can try to compensate for that loss? We will ensure they and their future generations are adequately compensated. How can we make sure we make them out-growers and commercial farmers so that they can make money as business people? We have moved away from this one size fits all, where we say give them half a hectare. No, we are going to do what we call an asset or household audit. What did you have before you were displaced? How many husbands did you have? How many wives did you have? How many Houses did you have and how many beasts of cattle did you have? How much land did you have and how many houses did you have? So that - depending on what you have lost we might give you three hectares. Depending on what you lost, we might give you half a hectare. We are moving away from the psychology of one size fits all which means when a person or a family is displaced, let us understand what they lost and then try to compensate them accordingly, taking cognizance of the output from the household audit.
So, it is a very hard one to put a number to, but yes we agree for four years they have lost productivity but more than that, they have lost a way of life. It is a traumatic experience when you lose the land where your ancestors are buried and where you have built your homes for the past 50 or 100 years, but we will find a way to drive the national interest while respecting our people. We will find a way to make sure that our people are not shortchanged in the process of driving the national agenda and enabling private interests. I want to thank the Hon. Member for that supplementary question.
- MUTSEYAMI: I thank you Madam Speaker and I am addressing this to the Deputy Prime Minister. What measures, the Right Hon. Deputy Prime Minister have you put in place to address the spirit which then you have noted amongst those who are purported to be doing investment in Chipinge? I mean those ones who have the Rhodesian type of attitude which has been noted by the communities in Chipinge.
How are you going to balance that spirit which has already been engrossed in the community that these investors have got the Rhodesian attitude? How will you manage to make sure that they will go to the spirit at par in terms of freedom of movement bearing in mind the damage they have done and bearing in mind that they are the same people who have that Rhodesian type of attitude to the communities. How will you manage to harmonize the relationships which I see now that they are not working well?
THE DEPUTY PRIME MINISTER: Hon. Speaker it is a tall
order. It is a tough job but we will try our best to bring harmony in Chisumbanje. We will try to talk to the investors and work with them so that they respect our people. We will try to foster reconciliation and healing in Chisumbanje.
What is important is to make sure our own institutions do not fuel the problem. The way the police behaved: the police behaved in a manner where they were collaborating with the Rhodesian attitude manifested by the investor. The police were arresting our own people on behalf of the investor. It is not the investor. The police were harassing our own people, not the investor. That is totally unacceptable in this independent nation. So, we will talk to them and build a new culture but more importantly, our own institution, our own police force must not operate in a criminal manner. They must respect our people. They must protect our people and not become agents of investors against the people.
Our politicians must also work together and minimize political conflict and areas of disagreement. They must say what is it that we can work on together in Chisumbanje? What is it that we can do together inspite of our different political affiliations? How can we drive the national interest together? That will be part of the peace building and the national healing in Chisumbanje. Also, there are politicians who gave confidence to that District Administrator (D.A.). That D.A. could not have operated without political warlords, political grandmasters and godfathers.
Those political grandfathers and warlords who have the nerve to empower a lowly D.A. to defy Cabinet must watch and change their behavior. That will be part of the healing in Chisumbanje but we shall overcome. Defeat is not part of our agenda in Chisumbanje.
MR MATSHALAGA: Thank you Madam Speaker. I want to
thank the Right Hon. Deputy Prime Minister for such an elaborate answer but my question is: given all this, what will it mean in terms of efficiency on the distribution of the product and comparativeness in terms of regional pricing of fuel. Particularly given that if it is cheaper it might introduce a lot of distortions and if it is more expensive, we may be penalizing our people for something that they cannot afford. Hon.
Deputy Prime Minister I am sure my question is clear. Thank you Madam Speaker.
MADAM SPEAKER: Hon. Members this is the last supplementary question otherwise we are not going to finish the other questions.
THE DEPUTY PRIME MINISTER: Madam Speaker, the
motivation behind blending is that it allows us to drive down the price of fuel. Ethanol is cheaper than the unleaded and unblended fuel that we are getting into the country. By blending with a cheaper product like ethanol, you are driving the price down. Of course if we do 5% it means the price differential is very low and when we go to 10%, the price differential becomes better and 15% becomes even more attractive.
So, we are going to realize even better economic efficiencies and better economics at 10% and 15%. There will be no distortions because there will be one main type of fuel in the country, the blend fuel at 5%. Everything will be 5% as the standard and nothing else. But if we want to buy an optional product, there will be 10% blend as an option and if you want more ethanol there will be 15% as an option. Also, there is 85%. The Jeep Cherokee SUVs take 85% and if you would go 85%, that is much cheaper but some cars cannot work with 85%. Some cars cannot work with 15%. 10% is still being investigated, there were some complaints about 10% but we want to make sure that when we introduce 10% there is no vehicle in the country that will not take 10% blended petrol.
By the way, in the 1980s, we used to blend. So, some of the fear of using ethanol is fear of the unknown. We have been using blending during the Rhodesian times and during the 1980s. There is nothing wrong technically with ethanol in our fuel. There will be no distortions of prices and our fuel economics will be better and our national bill will go down. Not only that, we can now build an industry around ethanol in Chisumbanje or in Mutare. We can even set up a car industry centred on ethanol blends.
Also, as a by-product of the plant, you generate power, 20 megawatts which can power the entirety of Manicaland and that side. So, they are going to be producing power which will be fed into the national grid and of course the jobs for our people. In terms of the value proposition, there is a clear national strategic impact of this project and in terms of the efficiency of distribution I think it ties in the question of logistics. I think we have tried our best but once we start running we might have to tie some loose ends to make sure the blending is done efficiently and the distribution of fuel is efficiently done throughout the country. The ethanol ecosystem has potential to radically transform our economy.
We are going to have better fuel economics and the fuel bill is going to go down. The country will do better under this project. What we need to do is to make sure we do justice by the communities affected and by our people who are displaced. We must make sure that as a country we benefit. That is why we want a joint venture and not a BOT.
I want to thank the Honourable Members for these questions.
WAR VICTIMS PENSION FUND
- CHEBUNDO asked the Minister of Labour and Social
Welfare to explain to the House:
- The measures in place to efficiently manage the War Victims
Pension Fund; and
- Whether those implicated by the Judicial Commission of Inquiry to have exaggerated disabilities are not still drawing pension from the fund.
- To avail to the House the report of the Commission of
Inquiry into the War Victims Compensation Fund.
THE MINISTER OF LABOUR AND SOCIAL WELFARE
(MS. MPARIWA): Let me begin by thanking the hon. member for that question. Perhaps with your permission, can I also tackle question number 6 since they are related. Can I put it on record that at the inception of the Government of National Unity (GNU), some four years ago, some issues have not yet been resolved. Acts assigned to me as the Minister of Labour and Social Services as enshrined in Statutory Instrument 67 of 2010, these are wrongly cited as they still include Acts which are also under the purview of the Ministry of Public Service. The Law Development Commission has been alerted of this anomaly and this oversight was caused by the fact that, the two ministries, the Ministry of Public Service and the Ministry of Labour and Social Welfare prior to the GNU, were one ministry.
Responding to the question would be tantamount to encroaching into the Ministry of Public Service’s territory which is not my intention. For the sake of progress, I would recommend that this omission be put on record in this House. I humbly ask Hon. Chebundo to direct question five and six to the Minister of Public Service since the War
Victims Compensation Fund is administered under the Ministry of Public Service.
WRITTEN ANSWER TO QUESTION WITH NOTICE
GOVERNMENT POLICY REGARDING THE CONSTRUCTION
OF SCHOOLS
- MR. NYAUDE asked the Minister of Education, Sport, Arts and Culture to explain the Government Policy regarding the construction of schools at Government or council premises by political parties in view of the threats by ZANU (PF) to exclude pupils who are from non ZANU (PF) families from enrolling in schools like Chireka Secondary School and Chigiji Secondary School in Bindura South Constituency.
THE DEPUTY MINISTER OF EDUCATION, SPORT, ARTS
AND CULTURE (MR. DOKORA): All schools on Government or council premises are built on State land and become Government or non
Government schools depending on the responsible authority. The responsible authority can be Government, Rural District or Urban Council, mining or other company, Trust or Church. There is no political party per se that is mandated to build a school or for that matter to be the responsible authority over a school.
If a well wisher, political party or company wishes to donate building materials for the construction of a school, the Provincial
Education Director in the province applies through the ministry to Treasury for permission to receive the donation before it is handed over to the school. This does not authorise the political party to become the responsible authority for that school, no matter how big the donation is.
In addition, there is no political party that is allowed to interact with learners. Therefore, the question of pupils from any political party being denied access to some schools falls away and enrolling into a school is not based on political affiliation. This is against the Constitution of Zimbabwe. Every child has a right to education and to enroll at any school.
MOTION
FIRST REPORT OF THE PORTFOLIO COMMITTEE ON
EDUCATION, SPORTS, ARTS AND CULTURE ON THE
ADMINISTRATION OF SOCCER IN ZIMBABWE
- MANGAMI: I move the motion standing in my name:
That this House takes note of the First Report of the Portfolio Committee on Education, Sport, Arts and Culture on the administration of soccer in Zimbabwe and issues surrounding the Asiagate Scandal.
- M. KUMALO: I second.
- MANGAMI: In terms of Standing Order No. 159, at the commencement of every session, there shall be as many committees to be designated according to Government portfolios as the Standing Rules and Orders Committee may deem fit. It shall be the function of such committees to examine expenditure administration and policy of government departments and other matters falling under their jurisdictions as Parliament may, by resolution determine.
The members of such committees shall be appointed by the Standing Rules and Orders Committee, from one or both Houses of Parliament, and such appointments shall take into account he expressed interests or expertise of the Members and Senators and the political and gender composition of Parliament.
TERMS OF REFERENCE OF PORTFOLIO COMMITTEES
STANDING ORDER NO. 160
Subject to these Standing Orders, a portfolio committee shall-
- consider and deal with all Bills and Statutory Instruments or other matters which are referred to it by or under a resolution of the House or by the Speaker;
- consider or deal with an appropriation or money bill or any aspect of an appropriation or money bill referred to it by these Standing
Orders or by or under resolution of this House;
- monitor, investigate, enquire into and make
recommendations relating to any aspect of the legislative programme, budget, policy or any other matter it may consider relevant to the government department falling within the category of affairs assigned to it, and may for that purpose consult and liaise with such a department; and consider or deal with all international treaties, conventions and agreements relevant to it, which are from time to time negotiated, entered into or agreed upon. On Tuesday, 30th October 2013, the Speaker announced that the Committee on Standing Rules and Orders nominated the following members to serve on the Portfolio Committee on Education, Sport, Arts and
Culture;
Hon. Bhasikiti-Chuma K.
Hon. Chihota P. Hon. Chimhini D.A Hon. Chitando J.
Hon. Dumbu F.
Hon. Haritatos P
Hon. Khumalo S.S
Hon. Kumalo Marvellous Hon. Madubeko J. Hon. Mangami D.
Hon. Mhashu F.G
Hon. Muchinguri O.
Hon. Mudzuri H.
Hon. Mupukuta L.
Hon. Ncube S.
Hon. Nezi W.
Hon. Saruwaka T.J.L
Hon. Sibanda F.M
Hon. Mangami D. to be Chairperson
1.0 INTRODUCTION
Empowered in terms of the Standing Order No. 160C, the Portfolio Committee on Education, Sport, Arts and Culture resolved to make enquiries into the operations of Zimbabwe Football Association (ZIFA) with the objective to get an insight into its programmes and activities. It was during the familiarisation meeting with ZIFA that the issue of the unsanctioned Asian matches was brought to the attention of the Committee by the Retired Brigadier Kasu (Finance Director) and Mr.
Jonathan Mashingaidze (Chief Executive Officer). It was explained that Asiagate scandal referees to the players, coaches and journalists who were paid huge bribes to cover up for the fact that the country’s national team, and at times a bogus one, was deliberately losing matches hosted in Asia. Consequently, the Committee was promted to make further enquiries on the administration of soccer in Zimbabwe and issues surrounding the Asiagate Scandal.
2.0 OBJECTIVES
The objectives of the enquiry were:
- To understand and establish the issues surrounding the Asiagate
scandal.
- To understand the administration of soccer in Zimbabwe.
- To appreciate challenges being faced in soccer development and administration.
3.0 METHODOLOGY
The Committee received a 162 page report on the investigations of Asiagate Scandal from the Zimbabwe Football Association (ZIFA)'s Investigating Committee.
The Committee also received oral submissions from the following stakeholders:
- Ministry of Education, Sport, Arts and Culture in conjunction with the Sport and Recreation
Commission and ZIFA Board.
- ZIFA Referees Committee (iii) Zimbabwe Soccer Coaches Association (ZSCA)
- Premier Soccer League (PSL)
- Footballers Union of Zimbabwe (FUZ)
- Zimbabwe Sports Writers Association (ZSWA)
- Zimbabwe National Soccer Supporters Association (ZNSSA)
4.0 COMMITTEE FINDINGS
- a) ADMINISTRATION OF SOCCER IN ZIMBABWE
4.1Oral Submission from Ministry of Education, Sport, Arts and
Culture (MoESAC)
The Role of the MoESAC
4.1.1 The MoESAC plays an important facilitatory role in the promotion and development of sport. Through its Department of Sport, Arts and Culture (SAC), the Ministry uses the following major sport implementing agents: Sports and Recreation Commission (SRC), National Sport
Associations (NAS) and schools though National Association of Primary Heads (NAPH) and National Association of Secondary Heads (NASH).
4.1.2 The MoESAC provides the overall policy direction and regulatory framework and strategic direction to guide all sport delivery agents. Thus the Ministry administers the Sport and Recreation Commission Act (chapter 25:15) through which the SRC was established.
4.1.3 In 2006, the Ministry launched the Physical Education, Sport and Recreation Policy which gives clear guidelines as of the parameters within which sport should operate.
4.1.4 The department of SAC has on its budget a vote for the promotion and development of sport in the country and has been able to give financial support to cover the needs of teams on National Duty in and outside the country. To this end an allocation of $900 000 was available for the programme support on Sport Promotions.
4.1.5 Government has shown further support for the development and promotion of sport through the provision of some tax rebates on the importation of sporting equipment.
The department of SAC has sought to provide the necessary support for the National Soccer Teams on competitive engagements as agreed upon by Treasury.
4.1.6 Football in Zimbabwe is run by the Zimbabwe Football Association (ZIFA).
4.1.7 ZIFA Assembly is like the Parliament of football in Zimbabwe and is made up of affiliate organs such as the Premier Soccer League (PSL),
First Division leagues, Provincial Leagues, District Leagues, Area Zone Leagues, NAPH, NASH and Tertiary Institutions among others.
The ZIFA Board is the Executive Committee elected by the Assembly and charged with the implementation of the Association's policy. The ZIFA Standing Committees are technical arms of the association which formulate the policy framework of the association and are chaired by a Board member or selected Specialists.
4.1.8 The ZIFA Secretariat is the operational arm of the association, headed by the Chief Executive Officer (C.E.O) and is mandated to implement the resolutions of the Board as well as overseeing the day to day operations of the Association.
4.1.9 ZIFA operates within the regulatory regime made up of the following statutes: The SRC Act and SRC Statutory Regulations, FIFA statutes, CAF statutes, ZIFA 2009 Constitution as amended in 2009, ZIFA rules and regulations and ZIFA code of conduct.
ZIFA is arguably the biggest sport association in Zimbabwe and is registered as a sport body in terms of the Sport and Recreation Act, and the relevant laws of the land.
4.1.10 Soccer has transformed from a popular sport into a global vehicle for sustainable social and economic transformation of mankind’s habitats.
Football is a sport whose stakeholders are multiple and diverse in character.
4.1.11 The Assembly is the supreme policy making body of ZIFA while the Board is the executive arm of the Association. The Secretariat and the Standing Committees make up the management and technical arms of ZIFA respectively.
4.1.12 The Association has many affiliates which include the Premier
Soccer League, First Division Leagues, Provincial Leagues, Women Football, Youth Football, Referees and Coaches among others.
4.1.13 ZIFA works closely with FIFA, CAF, COSAFA, the Government, Local Authorities, nongovernmental organizations and many other interested stakeholders. These partners provide technical and financial support which is crucial for the development of soccer at all levels. While it has overall responsibility over its affiliates, ZIFA is mainly concerned with soccer development in Zimbabwe and national assignments which normally involve both regional and international engagements.
4.1.14 ZIFA's revenue comprises the following among many: Government sponsorship to National Teams' engagement in competitive games, Levies from affiliates, gate receipts, television revenue, advertising, merchandise and sponsorship.
4.1.15 The administration of soccer is facing a number of challenges which are as follows:
- Bloated administrative structure—the four tier organisational structure of ZIFA is unwieldy making it tardy and inefficient.
- ZIFA's Constitution—the paramount statute of ZIFA needs urgent amendment as its current form is impeding progress and functionality of the organisation.
- ZIFA image—there is no one especially in the Corporate World who is readily willing to associate themselves with ZIFA. There has been preference to deal with, and support the affiliates. The management of some matches has had to be undertaken by
foreign officials.
- Governance issues—the underlying challenge for ZIFA is its lack or failure to adhere to a strict corporate and organisational structure.
4.2 Oral Submission from Zimbabwe Soccer Coaches Association (ZSCA)
The Committee was informed that:
4.2.1 Zimbabwe football administration leaves a lot to be desired as it is not run properly. For example, whenever a new board comes into office, the first thing they do is to change the constitution so that it suits them. From 2004, the constitution has been amended four times due to
personality interests.
4.2.2 A proposal by ZSCA to ZIFA on the appointment of coaches had not received any response from ZIFA.
There is no consultation by ZIFA in the activities related to soccer administration in Zimbabwe.
4.2.3 On Asiagate scandal, ZSCA felt that the best idea could have been to have a Commission of Inquiry appointed by government rather than forming some committees.
4.2.4 The issue of the approach to Asiagate scandal was raised by ZSCA during the first AGM, but ZIFA board explained that the process is too long and it might be expensive.
4.2.5 The Zimbabwean approach to the Asiagate scandal has affected the football in Zimbabwe as the national team has failed to qualify for 2012 and is likely to fail to qualify for 2013 again.
4.2.6 The Asiagate scandal has really affected ZSCA as some of the coaches involved are the top coaches in the country. A case in point is a coach who took Zimbabwe for the first time to the African Nations Cup. 4.2.7 ZSCA was never approached on the appointment of coaches; instead, the ZIFA board member (competitions) is in charge of appointing coaches. Originally, the board member was supposed to be in charge of competitions, doing competition regulations which will cascade to all facets of football so that the competitions can be run smoothly.
4.2.7 ZSCA has not been able to compute all the coaches into relevant data base due to lack of funding particularly at provincial level.
4.3 Oral Submission from the Premier Soccer League (PSL)
The Committee was informed that:
4.3.1 In terms of ZIFA constitution “PSL shall operate semi autonomously in the day to day running of the main league composed of the best clubs in the country under the rules and regulations of the association and shall be subservient and subject to the national association. There shall only be one PSL under the jurisdiction of the association and teams relegated from it will be eligible to play in the division 1 leagues of their area or group while the best teams from division 1 in each group at the end of each season will be eligible to play in the PSL.”
4.3.2 The semi autonomous arrangement gives the PSL the room to craft its rules and regulations. The PSL is run by a board of governors who are the club owners or the chairpersons of the 16 teams. The board elect a management committee of 6 who supervise the secretariat. PSL runs its competitions from February/March to November/December of each year.
4.3.3 ZIFA constitution is being amended from time to time whenever each board gets into office.
4.3.4 From 2004 up to the current board, there has not been really a board that is authoritative. Everyone is a master, people do not take a no for an answer even when one is in the administration of football
4.3.5 The SRC still operates like a recreational commission as opposed to considering sport as a business entity.
4.3.6 FIFA does not view governments as opposing bodies, but as sponsors for the national teams to travel for international matches. This involves a lot of money from the government thus, it will be unfair to be denied the authority to control how sponsorship money is used.
4.4 Oral Submission from the Footballers Union of Zimbabwe (FUZ)
4.4.1 Poor football administration in Zimbabwe.
4.4.2 The current state of affairs at ZIFA was a result of voting into office officials on patronage not merit.
4.4.3 Councillors who voted into office the ZIFA Board are financed by the leadership.
4.4 4 The ZIFA leadership is generally not concerned by the state of football affair, but are there to ride on the popularity of the sport.
4.4.5 There is need to get rid of all councillors who are in football for financial gains.
4.4.6 There is also need to assess the credentials of anyone who would want to have leadership role in football from district level up to the board.
4.4.7 A mixture of the reputable former footballers, referees and coaches, being the majority plus the educated and rich people should be entrusted with the administration of football in Zimbabwe.
4.5 Oral Submission from Zimbabwe Sports Writers Association
(ZSWA)
4.5.1 ZSWA admited the demise of the way sport is reported in the media.
4.5.2 ZSWA alleged that real football in Zimbabwe ended during the reign of Reinard Farbish.
4.5.3 ZSWA has no mandate to govern/reprimand media houses. It is only a platform where interested media houses/journalists share ideas or information on the latest trends that are going on.
4.5.4 It is the prerogative of the Editor of a media house to appoint a journalist for a particular match.
4.5.5 ZSWA was not silent on the Asiagate scandal for it was the journalists who broke the news to the nation.
4.5.6 If the investigations reveal that journalists belonging to ZSWA were also involved in the Asiagate scandal, they will be sanctioned accordingly as they have a mandate to report factually.
4.5.7 ZSWA has not taken the opportunity to discuss Asiagate scandal.
4.5.8 ZSWA is a board that selects the soccer stars in the country and if a soccer star is charged by ZIFA, he will no longer be eligible for the selection.
4.5.9 Out of the 85 players who participated in the Asiagate match-fixing,
33 players have been exonerated.
4.6 ASIAGATE SCANDAL
MoESAC
4.6.1The Asiagate scandal was highlighted as the biggest scandal to have hit local football and has brought to the fore a great deal of challenges for local football.
4.6.2 The scandal took place between 2007 and 2010 when the National
Team played most of the matches against light weighed national teams from Asia. The Asian betting syndicates influenced the outcome of the matches by offering huge sums of money for Zimbabwe National Team to lose games.
4.6.3 A record of 88 players took part in the 'fixed' games in the Far East and East Africa.
4.6.4 The Asian betting syndicate was working in cahoots with locals namely the former CEO Ms. Henrietta Rushwaya, Kudzi Shaba, Jonathan Musavengana and Mr. Tafirenyika Chitsungo.
4.6.5 The impact of the scandal is set to be felt for the next five years through poor performance, indiscipline, lack of patriotism and mercenary conduct.
4.6.6 ZIFA set up an Investigating Committee headed by Mr. Ndumiso Gumede (ZIFA Vice President) and the Committee produced a 162 page report on the scandal. The report was sent to SRC, COSAFA, CAF and FIFA.
4.6.7 To date, ZIFA has suspended all individuals from all national teams fingered in the report. ZIFA referred some of the cases to the Zimbabwe Republic Police and the Anti-Corruption Commission.
4.7 ZIFA Referees Committee
4.7.1 The investigations on Asiagate scandal were triggered by the SRC that wanted some answers to the four questions which were as follows: (i) Did these trips take place? (ii) Who authorised them? (iii) If there were any monies paid, how much was accrued to ZIFA? and (iv) Who was organising them?
4.7.2 ZIFA responded to the above questions, but the SRC was not satisfied with the answers hence, they requested further information on the matter.
4.7.3 ZIFA had to make a full report. It was in the process of the compilation of the report that ZIFA discovered that the practice of what has become known as the Asiagate scandal started way back in 2007 and had regrettably also involved some of ZIFA’s referees who had been assigned clandestinely to go and do games in the Far East.
4.7.4 The committee that had been set up to investigate handed its report and the ZIFA board deliberated on that report and resolved to set up yet another committee that would then mete out whatever punishments were deemed necessary. That committee is being headed by the former Justice Ibrahim. This Committee is almost finalising its deliberations as it has interviewed close to 90% of people.
4.7.6 On the other hand, FIFA is also worried about the same thing, so much that they sent a Mr Kresito, also to find out what really happened.
4.7.7 The local match fixing scandal which was unearthed in 2011, just at the end of the season, also sucked in referees, club officials, players and some board members. As of now, some board members have been asked to step aside to allow full investigations to be conducted.
4.7.8 The Asiagate scandal and the local match-fixing have damaged the image of the soccer in Zimbabwe as no one would want to put his last cent on an institution that gets money to lose games that gets money to sell the soul and national pride of a nation.
4.7.9 There are some people who have benefited from both Asian and local match-fixing and would not want justice to prevail hence, there have been a lot of harassment and intimidation on those who try to bring order in the soccer sport. A case in point is that of the Vice President of ZIFA, Mr. Gumede, who had to put on a dress to run away from the police. The challenge is that some of them are untouchable.
4.7.10 The ZIFA Referees committee implored the Portfolio Committee on Education, Sport, Arts and Culture for support and protection in the handling of the Asiagate investigations.
4.7.11 ZIFA is not happy with the work that has been done by the police force. A case in point is when Monomotapa returned from an unsanctioned trip from Malaysia, they had problems with players almost assaulting officials and that was reported to the police, but four years have elapsed and nothing has happened. ZIFA brought this matter to Commissioner Chihuri and mentioned that there is something wrong with the force. In response, Commissioner Chihuri told ZIFA that no matter would be swept under the carpet and that it would be resolved, but nothing has happened ever since.
4.8 PSL
4.8.1 PSL realised something was scandalous in Zimbabwean football when players came back from one of the trips and seemed to have flashy lifestyle. There were questions raised as to how they got to the money. From that period, there is no one who was in football who did not know what was happening.
4.8.2 When Mr. Ndebele realised these scandalous activities in the Zimbabwean football, he resigned from PSL. PSL as institution did not take any action. When Mr. Ndebele resigned he did not speak about these scandalous activities because he was afraid of the backlash.
4.8.3 Players were phoned directly from the ZIFA office. Players would phone whilst at the airport to say they were leaving for an international match.
4.8.4 PSL was directly affected being the affiliate of ZIFA and from the list of players that are on suspension, PSL contributes the bulk of them.
4.8.5 In terms of the ZIFA requirements, if there is national duty, ZIFA is supposed to communicate with the secretariat to call up players and the players are then communicated through the league with their respective
clubs.
4.8.5 FIFA has got a calendar of events that are lined up for international matches. When there is a match, the national association is supposed to write to the league and notify of the call up. Unfortunately, this was not the case with the Asiagate scandal. Matches were coming outside of the calendar and players were called directly, not even through their clubs.
Mr Ndebele went on to state that PSL believes some of them were called directly from the national association.
4.8.6 Consequently, the clubs met to deliberate over this because in terms of the rules and regulations; a club can seek a postponement of their league or competitive match if they have three or more players called for national duty.
4.8.7 When the matches were being arranged haphazardly, it obviously affected the league but the 16 clubs’ board of governors, the management committee which Mr. Ndebele was the Secretary General at that time, made a resolution that matches will only be postponed if that match was on the FIFA calendar.
4.8.8 The strategy then from those who were organising the tournaments, pleaded with the clubs to give them fringe players. Fringe players are those players that are not regular starters. This is why the list has some players whose names are not popular.
4.8.9 The highlight of the Asiagate scandal in terms of the league was when Monomotapa communicated with the league when Mr. Ndebele was the Secretary General to indicate that they had been invited to go and play in Asia. The league could not accede to their request to postpone a league match, they were supposed to play a league match in Mutare and PSL said the match should proceed. The referees went to the stadium; the Mutare team was at the stadium. The match went ahead and it was a walk over, the match was awarded to the home team because the other team did not turn up. There was no further punishment for Monomotapa. What was peculiar there was the issue of head of delegations, they were just travelling. In terms of the standing council resolution, there was supposed to be a roaster of councillors who will be travelling to accompany national teams. Now there were people who were regular travellers there.
4.8.10 The Asiagate scandal affected the quality of football and affected sponsorship and it is still affecting sponsorship even now. It is also affecting revenue streams because PSL had a lot of its talented players being spotted by scouts playing outside the country.
4.8.11 Match fixing affects spectator confidence, so it will affect revenue as well because if spectators read in the media that matches are fixed, there is then no point for a spectator to go and watch.
4.8.12 PSL realised that ZIFA had challenges in terms of authority. The ZIFA Council top policy making body is supposed to be the one that comes up with rules and regulations and policy issues. The head of delegations should have been councillors, it would have made sense or the council should have stuck to its roster set up where every national team trip, there is a different councillor until all the councillors have travelled then councillors would have picked anomalies along the way.
4.9 FUZ
4.9.1 FUZ is affiliated to the Ministry of Labour and Social Services and represents the welfare of the footballers in Zimbabwe.
4.9.2 FUZ knew about the Asiagate scandal a month before it was
disclosed.
4.9.3 The Asiagate scandal was created by ZIFA officials.
4.9.4 FUZ's analysis is that players had no option to refuse throwing games because officials involved in it were senior employees of ZIFA who could sanction the players for refusal to take instructions.
4.9.5 Not every player who participated in these games was involved, it was key figures who were working with the match-fixing syndicate who knew what was happening while other players were just making up numbers.
4.9.6 Communication regarding the match-fixing went straight to the Chief Executive Officer of ZIFA and players were informed of the games telephonically hence, the scandal went on for a long time undetected.
4.9.7 Payments of these games were made by senior ZIFA employees.
4.9.8 FUZ does not condone the match-fixing but the environment which makes players to be involved in match-fixing.
4.9.9 There are numerous factors that make match-fixing very possible and these include poor remuneration of the players by their employers and the low match fees paid to referees among others. The Asiagate scandal organisers targeted those players who were not financially sound.
4.9.10 FUZ tried to engage ZIFA and PSL since May 2011 regarding players' minimum wage as this will stop them from abusing players through non-payment of wages, but ZIFA and PSL have not been
forthcoming to deal with the matter. Hence, players receive their wages at the mercy of club officials and this arrangement leaves players open to abuse through match-fixing.
4.9.11 FUZ has referred the issue of players' remuneration and minimum working conditions for compulsory arbitration as dialogue with employers’ representatives has proven unattainable. It is important that football be administered as a business.
4.9.12 FUZ came up with a project proposal geared towards seeking funds for players' rehabilitation. ZIFA does not take FUZ's input into consideration.
4.10 ZNSSA
4.10.1Supporters are the most affected when match-fixing occurs, because they are the ones who pay their hard-earned money to get into stadiums hoping to watch a fair game and end up being duped by predetermined matches.
4.10.2 While fans have backed ZIFA fully in their Asiagate investigations, they are worried that the process appears to have been hijacked by some ZIFA board members to settle personal scores.
4.10.3 Some players were wrongly implicated in the Asiagate scandal while others were wrongly left out. For example, the ZNSSA, Steve Nyoka was implicated in that report prepared by ZIFA as having travelled to Vietnam for one of the games under investigations, yet he did not even leave the country that whole year.
4.10.4 ZNSSA alleged that it can prove that Nyoka never travelled to any of these games and has already launched litigation against both ZIFA and all those who dragged his name into disrepute. Such inaccuracies make the report questionable.
4.10.5 The way ZIFA has handled the investigations leaves supporters to get worried that maybe ZIFA has targeted certain people and a predetermined conclusion and verdict.
4.10.6 ZIFA should learn and follow the manner in which South Africa, Botswana, Italy, Malaysia, Thailand and Singapore who have dealt with match-fixing issues without suspending players or administrators.
4.10.7 ZNSSA is also concerned with some cases of members of ZIFA threatening and harassing some targeted journalists, especially those who had dared report fearlessly on investigation. ZIFA board has written to media houses of journalists asking them to either ban them from covering Asiagate or banish them. A case in point is that of one of the most experienced sports broadcasters at ZBC, Josh Muntali who has been banned from covering any soccer beats on allegations that he covered one of the matches under investigation.
4.10.8 ZIFA has become too independent to the extent that they are not following FIFA regulations
4.11 LOCAL MATCH-FIXING
MoESAC
ZIFA unearthed a local match scandal involving clubs, officials and players. The scandal prompted ZIFA Board to suspend two Board Members namely Mr. Gift Banda and Mr. Patrick Hokonya. Eight
referees and match officials were also suspended after allegedly accepting bribes from club officials. To this end, ZIFA has instituted an Investigating Committee whose brief is to probe all leagues ranging from Division to the Premier Leagues.
4.12 MoESAC's Recommendations
MoESAC
4.12.1The MoESAC brought to the attention of ZIFA the urgent need to
- review its structure with a view of making it lean and more efficient.
- complete the Asiagate scandal and match-fixing investigations
- develop a strategic plan for the smooth run of soccer in Zimbabwe (iv) It was pointed out that the SRC has been exhorted to ensure ZIFA's compliance to a reviewed constitution.
The MoESAC also recommended the following;
4.12.2 An increase of the grant to SRC and Sport Promotions budget line that will ensure that the nation supports the promotion and development of soccer and sport in general from the fiscus.
4.12.3 There be a more positive move toward the provision of tax incentives for the corporate sector that is involved in the sponsorship and support of soccer and sport in general. This will be a much appreciated move by the government to promote the development of sport.
4.12.4 There is need for ZIFA to rationalise its participation in competitive games whilst it invests more in rebuilding itself as a soccer powerhouse.
4.12.5 There is need for the engagement of the various service providers to charge a reasonable fee for the staging of soccer games in the country.
4.13 PSL
4.13.1 The SRC is expected to tighten things as well in terms of the association's constitution. All constitutions in terms of the SRC Act, are supposed to be registered with the SRC. So if then there is an association that keeps on amending the constitution, there must be reasons why they are amending. It then becomes important to supervise and also check.
4.13.2 There has to be a policy as to what constitute a club because in this country it is easier to establish a football club business than to open a hair saloon.
4.13.3 Duty on equipment is still affecting clubs, there is no company that is manufacturing football boots in this country but then players have to pay duty when they get the football boots into the country. I know there has been an attempt, recognition but the football
4.14 FUZ
4.14.1 ZIFA is supposed to inspect the clubs in accordance with the FIFA statutes.
4.14.2 There is need to rehabilitate the affected players before going back into playing football. If rehabilitation fails to take place players will remain haunted by the experience and some may fall back into match-
fixing.
4.15 ZNSSA
There is need to embark on investigations that will help clean the
Zimbabwe football and improve its administration.
5.0 COMMITTEE'S OBSERVATIONS AND CONCLUSION
In light of the above findings, the Committee observed that:
5.1 ZIFA constitution has problems with possibilities of manipulation as each new board comes in.
5.2 Section 28 of Sport and Recreation Commission Regulations, National Sport Associations are required to seek clearance of the Sport and Recreation Commission to undertake tours outside the country but
SRC failed to ensure that teams that were going for Asian matches were cleared.
5.3 There is inadequate government funding for football in Zimbabwe.
5.4 ZSCA's Chairperson seemed to be protecting the coaches that were involved in the Asiagate scandal.
5.5 ZSCA did not state clearly how the institution was going to develop coaches in Zimbabwe.
5.6 Most stakeholders are concerned with the poor administration of soccer in Zimbabwe.
5.7 The environment for match-fixing was very conducive economically and administratively.
5.8 The football stakeholders in Zimbabwe were very much concerned with the calling of players for Asiagate matches by the then Chief Executive Officer Henrietta Rushwaya instead of the Technical Team.
5.9 Soccer match fixing disadvantages the whole nation and puts the game into disrepute.
5.10 All alleged people were suspended but not all of them were involved.
5.11 There were serious intimidations surrounding the Asiagate scandal investigations.
5.12 Power struggle from the stakeholders is detrimental to smooth running of soccer in Zimbabwe.
5.14 Delayed exposure of match-fixing led junior leagues to be scandalous.
6.0 RECOMMENDATIONS
The Committee recommends that:
6.1 There is need to revisit the ZIFA constitution in line with FIFA standards.
6.2 The SRC Act should be amended so that it includes a law that criminalises any athlete, athlete group/team who go and represent the country at regional or international level without clearance from the relevant board.
6.3 There is need for government and the corporate world to provide inclusive financial support for football in Zimbabwe.
6.4 Match-fixing must be immediately exposed whenever it occurs.
6.5 There is need to protect the whistle blowers in order to deal with threats, harassment and intimidation whenever they want to expose any anomaly in the administration of soccer.
6.6 The Board should take charge to ensure that the administration of soccer is above board and then ensures the separation of power between the board and the administration.
6.7 Everyone who was involved in the Asiagate scandal should be investigated and due process taken.
6.8 ZIFA should adhere to the provisions of its constitution.
6.9 Government should come up with a clear programme to train
coaches so that it is standardised.
6.10 There is need to engage, involve, allow participation and share information with stakeholders for the development and promotion of soccer in Zimbabwe.
I thank you Madam Speaker.
- M. KUMALO: Thank you Madam Speaker. I also
come from the responsible Committee on Education, Sport, Arts and Culture and in my seconding the Chairperson of the Committee; I looked at the motion in two ways.
I looked first at the challenges and then the recommendations so as to find a way forward in terms of the challenges identified. The first major challenge that we identified is that of lack of funding or financial constraints. In terms of the recommendations, there is need for adequate and increased Government support to sport in general and football in particular as this is the world’s most beautiful game. So, we need to support it and as a country we need to make sure that it is well resourced.
The second challenge is that of lack of proper governance systems and a blotted administrative structure within the Zimbabwe International Football Association (ZIFA). They have a four-tier structure, that is, the assembly at the top, the ZIFA Board, the Secretariat and the standing Committees.
In terms of the recommendation, the four-tier ZIFA structure should be addressed for the proper administration and easy functionality of the Association. It makes it very difficult for decisions to be made and be passed from one tier to the other and that, though democratic, is very much time consuming and causes a lot of challenges to the administration of football in the country.
In terms of funding as well, there should be increased tax incentives and rebates for corporates and individuals that are involved in supporting sport; that is both financially and materially. Those corporate and individuals that are involved in the sponsoring of sport should have benefits in terms of tax incentives and rebates. There is also need for a stand-alone Ministry of Sport, Arts and Culture, separating this
Department mostly those from – [AN MEMBERS: Speaking on the phone]- Madam Speaker, there is a member who is on the phone and is disrupting my debate.
THE DEPUTY SPEAKER: Order, order. hon. member, which
member is that?
- KUMALO: Hon. Mutomba.
(Hon. Mutomba stands up)
- MUTOMBA: I am sorry, Madam Speaker.
- KUMALO: The last one Madam Speaker is that, those
officials and players who would have been selected to participate in our national teams should undergo some form of training on citizenship education and patriotism. So, that they put their country first before financial or material gains so that as a nation we prosper and we put Zimbabwe on the international sporting calendar again.
I thank you Madam Speaker.
- D. SIBANDA: I move that the debate do now adjourn.
- HOVE: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 26th February, 2013.
On the motion of MS. D. SIBANDA seconded by MR. HOVE, the
House adjourned at Twelve Minutes to Five o’clock p.m. until Tuesday, 26th February, 2013.
PARLIAMENT OF ZIMBABWE
Wednesday, 22nd May, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- CROSS: The railway workers have not been paid for eight
months and are now $46 million in arrears on their salaries. Is this the policy of the Zimbabwe Government? I want to ask that to the Minister of Labour and Social Welfare.
THE MINISTER OF LABOUR AND SOCIAL WELFARE
(MS. MPARIWA): I want to thank the hon. member for a very pertinent and important question focusing on the plight of the workers. Yes, as you might know hon. members and the relevant member who has asked this question, the question is three in one. On one side we are focusing on the Minister of Transport and Communication and on the other side we are also focusing on the Minister of Parastatals and on the other side you have the slight component which is part of my Ministry’s responsibility. Of course it is not Government’s wish not to pay workers. That is actually the provision of the Labour Relations Act which I actually administer as Minister responsible for labour and social services.
However, let me also inform the House that some two months ago, there were several meetings with the relevant trade unions who represent the workers and also those that represent the employer, the National
Railways of Zimbabwe, with the Prime Minister’s Office and the relevant Government Ministries that are involved, administered by my colleagues that I have also mentioned in my response. I think it will be appropriate for the member who is interested in the workers’ welfare to put it in writing so that the relevant minister or ministry should be able to respond with favourable responses. Otherwise I will actually be stepping on my colleagues’ portfolios, which is not my intention.
- MUCHAURAYA: My question is targeted at the Deputy
Prime Minister, Hon. Prof. Mutambara. We notice that in rural areas, in
Makoni South, the headman is encouraging people to come and register their presence at his homestead. Is that the law of the country? Is it allowed that people should go and register everyday in their homes?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Mr. Speaker Sir, I think we need more details of the question, number one. Number two, it must go to the Minister of Local Government so that we can investigate what the crime is and what the problem is. Let me just set the tone of Government policy and of the new Constitution which we have just signed into law today. Our chiefs, traditional leaders must operate above party politics. They are the custodians of our traditions, values and culture. They are the leaders of our communities and they must operate above party politics. This disposition enables them to facilitate and lead our communities without serving the interest of any particular political party. That is the general principle, we push. The chiefs, headmen and all our traditional leaders must operate above party politics so that they can allow their people to belong to different parties of their choice. Political affiliation should not create tension or disharmony between a traditional leader and his people.
For me and the Government to be able to adequately answer that question, let us get more details in terms of the problem and the location of the problem. More importantly, the question must be directed in writing to the Minister of Local Government. I want to thank the hon. member for that question.
- SPEAKER: Order, can the hon. member put his question in
writing.
- KANZAMA: I want to pose my question to the Deputy
Prime Minister, Hon. Prof. Mutambara, but before I do that Mr. Speaker, let me take this opportunity to thank you as you were leading the
Constitution which has since been signed this morning by the President. We want to thank you for leading a successful programme. I also want to thank my colleagues, hon. members for their cooperation and the successful conduct of the Referendum and the Constitutional programme -[MR. CHIKWINYA: Bvunza mubvunzo, usadhibheta.] – MR. SPEAKER: Order, Hon. Chikwinya, do not be jealous. -
[Laughter]-
- KANZAMA: Lastly, I want to thank our Principals both of them, led by our President for accepting the people’s choice and for the President’s decision of assenting the Constitution to be a law. My question Hon. Deputy Prime Minister is, in view of the fact that the Constitution is now law, there is an outcry following a programme which was carried out by the Registrar-General’s Office of registering people out there. Here in Parliament, there was a motion moved that we need more people to be registered. Is the Government ready and are funds available so that our people are prepared for the coming registration.
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
I want to thank the hon. member for that question. The simple answer is that, the Government has to find that money. As we speak, every Tuesday, the Cabinet of Zimbabwe is seized with the issue of voter registration and it is now a standing item on the agenda. Mr. speaker, it shows our commitment to the issues that the hon. member is raising.
Let me just put a few principles down that we are pursuing.
Principle number one, every Zimbabwean who was on the voter’s roll in the year 2008, who is not dead, must be given an opportunity to vote if they want to vote. Why am I saying this? There has been confusion created in the country where the voter’s roll from 2008 has been distorted whereby people were unprocedurally removed from the voter’s roll. This has created chaos in the country where now Zimbabweans who were on the voter’s roll in the year 2008, are no longer sure whether they are on the voter’s roll. This is completely unacceptable and unforgivable. Only dead people should have been removed from the voters’ roll. This manipulation and distortion of the voters’ roll by incompetence id ill-intention or both has led to pandemonium with people rushing to check the lists.
A whole Minister of this Government, who was elected into Parliament in 2008, went and checked and found themselves not on the voter’s roll. A whole senior official, the Vice President of Zimbabwe, in her own village, she went and collected the voter’s roll which was supposed to have 2 000 people and found that only nine people were registered. I stand here to say, we will not accept a situation in this country where we disenfranchise people. If you were on the voter’s roll in the year 2008 and you are not dead, you must be afforded the opportunity to vote if you want to do so. That is principle number one.
Not a single Zimbabwean who was on the voters’ roll in 2008 should be denied to vote. This will be complete travesty of justice.
The second principle is that, if you want to register and you are an eligible voter in our country, we must allow you the opportunity to register and vote. Now, I am speaking of the young people who are coming up, who are now eighteen and above. They were not on the voter’s roll in 2008 because they were below 18. I am also now talking about the so called aliens who have been empowered by the new Constitution. These people must be expeditiously and painlessly enabled to become voters. If we uphold those two principles, we are going to have a bona fide voter’s roll.
Remember, the right to vote is a fundamental democratic right. The right to vote is a civil right. The right to vote is a human right. We are very concerned that under no circumstances should we disenfranchise people who were already voters. Secondly, we should not deny others who want to register as first time voters an opportunity to register. We must find that money. We are going to find that money so that those two principles are upheld.
You are asking how? We will do it by ensuring that we go back and recover the voter’s roll used in 2008 so that whoever is on that roll and is not dead come rain, come sunshine, they are able to cast their vote. We will also ensure that the people who have been empowedered by the new Constitution get an opportunity to register. The young people who are now eighteen can also register so that, come election time, we can say every Zimbabwean who aspires to cast a vote and has a right to vote has been given an opportunity to vote. That is the definition of success for the voter registration process. This is critical so that the outcome of the elections is not challenged on the basis of disenfranchisement and irregularities. If a single Zimbabwean is denied an opportunity to vote because their name was taken away from the voter’s roll, that will be a travesty of justice. This Government will not
allow this to happen.
I want to thank the hon. member for that question and commit that Government, ZEC, Registrar General, Home Affairs and Ministry of Justice are going to work together to ensure that we get the money that is required to do the work. By the way, money is just half the problem. There is a difference between resources and resourcefulness. In addition to getting money, let us be resourceful. In addition to getting money, let us be organised and have administrative competency. Let us have the political will to do the work. Some of the things we see happening are actually a function of lack of the political will to allow Zimbabweans to cast their votes. So yes to cash, but resourcefulness, organisational efficiency and administrative competency are equally important, so that every Zimbabwean who is illegible to vote is given an opportunity to become a voter. That is our mission and we shall not fail.
- A. NDHLOVU: In the absence of the Acting Minister of
Higher and Tertiary Education, I direct my question to the Deputy Prime Minister. I need to know what Government policy is with regards to making quality education available to the young people of this country, noting that Government has not been able to fund tertiary education in this country for the past two or three semesters. This, especially affects the girl child by making them vulnerable to some means of getting the funds to go to school and thereby reversing progress made in fighting HIV/AIDS.
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
We, in this Government, believe that education is a key enabler of our economy. We believe that without education there is no industry. Without education, there is no economy. However, we have to be creative in the way we fund higher education, in the way we fund education in general. The State alone cannot sufficiently and completely fund higher education. Yes, Government must play its role but let us also incentivize the private sector to play a role in providing higher education. Let us partner with international institutions and other universities so that we can provide higher education to our people. Universities and colleges are breeders of human capital. Without the university or colleges there will be no human capital to drive our industries. This means the resourcing and funding of the higher education is of paramount importance. This Government is unreservedly committed to play its role in this endevour.
With reference to girls and women, we believe that the empowerment and education of women is not just a human right. It is about economics. It is about profitability and productivity. Women are 52% of our population. When we afford them education and empower them, we are empowering ourselves. We are not doing them a favour.
We are doing ourselves a favour.
We believe that investing in the education of women is smart economics. Investing in young girls is smarter economics because once you empower a woman, you empower a nation. There is a new doctrine and research that says actually, women are better managers than men.
Women are better leaders than men, meaning this country will do much better if we have more women ministers – [HON. MEMBERS: Ah!] - and more women Members of Parliament –[HON. MEMBERS:
Inaudible interjections] -. It is a very painful thing for me to say because I am a man but facts are there and the data is there, saying women are better leaders than men. Women are better managers than men.
The doctrine is called womenomics, the economy as driven by women. The economy as influenced by women. The economy as experienced by women. Womenomics I am just saying to the hon. member, we will try our best to find funding for higher education. We will find ways of funding for women in particular, because women will be able to drive this economy better than these men.
- SPEAKER: You speak like a woman advocate. –[MR.
CHINYADZA: Inaudible interjection]-
- A. NDLOVU: On a point of order Mr. Speaker. The Hon. Member directly opposite me shouted womanizer. Sn, he must withdraw because that is unhonourable.
- SPEAKER: Hon. member, it is0unparliamentary to refer to a Deputy Prime Minister as a womanizer. It is not only unparliamentary but also disrespectful of the office that h% holds. Can you withdraw that?
- AHINYADZA: Thank you Mr. Speaker, A withdraw Mr. Speaker.
- CHIMHINI: Thank you Mr. Speaker Sir. My question is tirected to the Minister of Scyence and Technology. Minister, there has been a lot of talk abïut science aîd technology in the country. Is there any clear policy for introducing science and technology in schoo|s and I want to check at what level you can introduce science and technology in our schools? Thank you.
T E MINI3TER OF SCIENCE AND TECHNOLOGY (MR.
DZINOTYIWEI): Mr. Speacer Sir,!as you can see, I am often very hungry of questions on science and technology and I want to extend a word of appreciatioî to the Hon. Mei`er for arkmng`that question.
The position on science and tebhnology is broadly guided by now our second policy on science, technology and invention that we launched in June last year. Within that policy, we defined six major thrusts for the development of science and technology in this country. One of the thrusts indeed focuses on the aspect of capacity development linking it more with the field of education. The position is that, for science education particularly at primary schools, we emphasise that the level of content that is scientific that pupils must be exposed to must not be less than 30%.
So, indeed, there is a clear policy that says from Grade 1, at primary school, the content must be no less than 30%. When we say no less than 30%, it does not mean that 30% of the time is entirely spent on studying science subjects. It also means that they must be exposed to certain projects that enhance their ability to develop a mental inclination towards scientific concepts. It also means that they must learn certain skills that are relevant for ICT. That is at the level of primary education.
When you go to secondary, we extend that percentage to no less than 60% and again it is an understanding that with time, we can develop more scientific issues in our education process. Again, let me underline that it does not necessarily mean that all the subjects are 60% science. But, it means that even if they are studying history, the pupils/students must have an opportunity to make use of scientific concepts in understanding that history. History is not just about mankind and how life has been, how our nations have been built, but it also involves how elements that are relevant to technology have been developing with time.
When we go to university level, we again highlight the need to maintain no less than 60% for science. So indeed Mr. Speaker Sir, I would like to underline that if we were able to implement that policy, I can assure you, it is the intention that over a period of something like five years, we must be experiencing a totally different scenario within our societies. That is of course, subject to funding and to the nature of the environment that we will be having in our country so that the productive activities that are necessary to generate revenue, will also be active. I thank the hon. member and I thank you Mr. Speaker Sir.
*MR. NDAMBAKUWA: Thank you Mr. Speaker Sir. The
previous speaker thanked you for a job well done in the Constitution making process. My question is directed to the Deputy Prime Minister.
We find that Government has been encouraging all the people to go and vote and also the new Constitution is saying that it is everybody’s right to go and vote. Also, hon. leaders came from God through votes, but, we also find that in this country, we have some churches which do not allow people to go and register or to vote. These are such as the
Jehovah’s Witnesses and the Seventh Day Adventist Church.
These people deny their people to go and register to vote but when they want to have places where they can conduct their services from, they come to these political leaders to ask for this permission. My question is, is that not denying somebody’s Constitutional right to elect leaders?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Thank you Mr. Speaker Sir. This is a hard question and a very difficult one.
When we say in the country we have rights, the right to do this and that, we can force citizens to exercise a right. We cannot force you to vote. It is your right to exercise the right or not. So, if a Zimbabwean says I do not want to exercise my right to vote, we cannot force them. We cannot create a law or a mechanism to force a citizen to exercise a specific right. However, we cannot allow institutions to actually stop citizens from exercising their rights. So, it is up to the individual to say,
I want to vote or I do not want to vote. It is one’s constitutional right not to exercise a right.
I think, what is problematic is when you have institutions or organisations that are now saying to their followers or members thou shall not vote. That becomes problematic because you are now interfering with the right of that individual. Let them make that decision on their own. You cannot force them not to vote or to vote but to come and say thou shall not vote becomes problematic. However, I think that our lawyers and our justice system will be able to address these issues to see whether we can pursue those institutions so that they do not act in a manner where they are denying or coercing their members in a manner that violates the rights of those members or violet our Constitution.
However, having said all that we should encourage every Zimbabwean to exercise their right to vote. A people get a Government that they deserve. Everyone enjoys the services of a Government. The WatchTower folks, whoever they are, – they are benefiting from the activities of the Legislature, Judiciary and Government. Surely, they must have a say on how they are governed.
Sure, it is their right to say I will not exercise my right to vote but as a Government, our policy is to encourage every Zimbabwean who is eligible to vote to register and then exercise their vote so that together we can work in a manner that will create a peaceful, prosperous and democratic Zimbabwe.
- S. NCUBE: What is Government’s policy regarding the use of GMO seeds in drought stricken areas?
THE MINISTER OF SCIENCE AND TECHNOLOGY
(PROF. H. DZINOTYIWEYI): This might turn out to be a good day for me. Yes, I wish you were asking this question in my constituency where primary elections are coming very soon. Let me explain that the position from the sciences is that it is vital for many of our countries that have challenges on food to introduce the growing of GMOs. However, this must be understood against the background interest of other sectors and the need to carry consensus with other sectors.
In terms of the agricultural sector here as headed by the Ministry of Agriculture, it is not comfortable with that position. To them, they often cite economic reasons on certain products from Zimbabwe which might be marketed to those countries, where you may find certain persons with excitement for organic foods. They are more interested in those organic products to be availed from countries that do not grow GMOs. It is an economic issue that needs people to weigh facts and assess whether or not that is correct.
From our own assessment, many of such persons would be in Europe and even in America for that matter. In Europe and America, they are a very tiny minority even if you go to any of the big cities and assess the number of shops that sell strictly organic foods. They are very few. There may be here and there in London and a few isolated, you may find in Europe. Strictly speaking we see no reason of doing so. I must underline that the issue of GMOs, we have to move with the times. We have no option. The extent to which there are scientific developments that are waiting to flood our societies and transform our lives is so enormous. We cannot make judgments based on reasons other than a scientific assessment of the same issues.
They are healthy, you have many Zimbabweans in South Africa and that is what they consume. They do not interfere with the environment. You can look at the environment in South Africa. They are assessed to be medically suitable. The United States of America is a very sensitive country when it comes to the relevance of health on food items.
The Food and Drug Administration Authority in United States of America has long been endorsing GMOs.
In an attempt to fight drought, as you have indicated and to cut down the cost on chemicals, we believe from the scientific angle that it is vital to introduce GMOs. As I indicated, this is an issue that requires Government to have consensus and then move on.
Let me say as an interim, the policy is that GMO food can be imported in milled form at moments when there is a crisis, where we have shortages of food in the country or it can be imported as a seed provided it is monitored right the moment it enters the country to the point where it must be milled so as to ensure that at no time, do we actually have a seed dropping in Zimbabwe. That is the position.
- ZHUWAO: My supplementary questions relate to the ability or Government’s position on traceability taking into consideration that GMOs have got a massive impact as you move down the food chain. For example, with GMO cotton, cotton seeds account for more than 50% of cooking oil. Is there a position with regards to traceability and labelling, firstly with regards to cooking oil and secondly, is there capacity for traceability because cotton cake is also used for stock feed manufacture? Will that not impact on our ability to trade internationally especially with our meat products? – [AN HON MEMBER: Usunge tai mhani] -
- SPEAKER: Hon Zhuwao, make sure that you are properly dressed. Can you kindly go and dress properly for the House.
- MUDARIKWA: The august House ratified all the protocols on GMOs. Who is the Ministry of Agriculture to stop something that has been ratified by the august House and brought by the Minister to the august House?
- SPEAKER: I am not sure whether that is descent enough to question who the Minister of Agriculture is. We are just about to conclude the Seventh Parliament and hamusati madzidza the culture in the House. It is amazing.
THE MINISTER OF SCIENCE AND TECHNOLOGY
(PROF H. DZINOTYIWEYI): Thank you Mr. Speaker Sir. I would like to thank the hon. member and at the same time, acknowledge the previous comments of the previous Deputy Minister of Science and Technology. What we approved here in Parliament these are some of the unfortunate misconceptions. What we approved in Parliament had nothing to do with GMOs. It was endorsement so that Zimbabwe can become a member of the international centre for genetic engineering and biotechnology. That centre is based in Trieste Italy, but has two main branches in Cape Town and in New Delhi. At that centre, if anybody has a chance to go to Italy, he will think that all the rats in this world are there. It is a massive hive centre of activity on biotechnology issues.
Genetic engineering constitutes a tiny portion of it but because of the expertise, it is a very reliable international centre acknowledged by WHO, FAO and the UN, Generally, issues stand to be assessed there. What Zimbabwe wanted to do by joining is to be able to access those high level facilities and the information at the centre, GMO included and the broader genetic engineering and bio-technology issues involved.
Turning to the element of our own differences, what I am emphasising is that often, we find that our Cabinet is best when there is consensus. No matter how valid your points might be, there has been a tendency to unnecessarily retreat into some kind of negative caucus, may be party support and so forth instead of looking at the facts. The facts that we have presented to the Cabinet are those I said. The facts that agriculture presented are those at variance to ours.
I hope that we should be able to reach a point in future as Zimbabwe, where consensus can be arrived at. We were anxious to engage the farming community to understand. We have had delegations involving agriculture and our bio-technology authority to Burkina Faso, they saw it for themselves what it means. South African peasants who grow cotton now produce no less than three times what they were able to earn before. These experiences are happening in India. So, to deny the use of such an opportunity on the basis of unsubstantiated scientific issues is not good for Zimbabwe. I thank you Madam Speaker on behalf of the ministry and the member.
- MANGAMI: Thank you Madam Speaker. My question is
directed to the Minister of National Housing. May I know the Government policy on the provision of accommodation in the private sector for their employees? Are there some allowances or anything which the Government is guiding them for the provision of accommodation for their employees?
THE MINISTER OF NATIONAL HOUSING AND SOCIAL AMENITIES (MR. MUTSEKWA): Thank you Madam Speaker and
let me also thank the hon. member for raising that question which is pertinent. I would like to preface my answer by explaining that it is true that the world over, governments alone, will never be in a position to provide adequate accommodation. This is not only to government employees, but to citizens as well. So this is why I am so happy that the hon. member has raised this particular question.
There are efforts that are being undertaken by various organisations. I would like to single out Mimosa for example, who have been outstanding in aiding and helping Government in providing their employees with decent and suitable accommodation. This has been on a voluntary basis. What I have been doing is that, whenever I get a chance to interact with various organisations and employers, I have encouraged them that they take this issue seriously. However, because we have no legislation in place to encourage these people to be involved, it remains voluntary until now.
During our interactions with employers when we were doing the national housing policy, I am pleased to announce that most employers have now realised that it is their challenge to make sure that their employees are properly housed. Many organisations are now taking part in that. Madam Speaker, once this national housing policy is unveiled in the next few weeks, I am hoping that the employers, most of them who will be present when we launch the national housing policy, will regard this as a challenge, not only to Government but to them as well.
I am happy to repeat and say that most employers that we have spoken to have taken that as a challenge and are beginning to realise how beneficial it is both to them and their employees. It is also good for morale of the employees that they provide accommodation. What we lack at the moment is the kind of incentive that we can give to the employer so that they get encouraged. In the national housing policy, I made a suggestion that they even get some compensation from the Ministry of Finance if they provide for housing. So it is being spelt out in our national housing policy. I have had discussions with my counterpart in the Ministry of Finance. He takes that and hopefully when we unveil this, employers will come forward and we give them some kind of incentive in terms of their tax returns so that they are encouraged more in providing accommodation for their employees. I thank you Madam Speaker.
- DZIRUTWE: Thank you Madam Speaker. My question is
directed to the Minister of Science and Technology. There is a trail of thought that says our low rainfall areas like the Low Veldt suffers perennial hunger because people are reluctant to produce small grains because they are so difficult to process. I am talking of such grains like sorghum, rapoko and mapfunde. What is SADC doing to come up with the appropriate technology to service the areas that can grow small grains to alleviate drought? Thank you.
THE MINISTER OF SCIENCE AND TECHNOLOGY
(PROF. DZINOTYIWEYI): I would like to thank the hon. member for his question. Let me reiterate that I often say one of the most unfortunate situations with us, like other developing countries in Africa, is to keep on doing things the way they were done before the birth of Jesus Christ. All those particular grains were grown before Jesus Christ was born. The challenges that we are facing are for us to be able to adapt and move on with the changing times. Even for the small grains for that matter, it does not necessarily mean that you will have a reasonable yield in this particular period of climate change. They will tend to do better but those bio-tech crops that have greater resistance. Let me underline Madam Speaker that in China, every year, they will announce not less than 25 new varieties of crops meant to suit particular regions of China. What the hon. member is saying is very important that why do we not embark into more scientific research that suits particular regions. Let me underline that, merely all that research is largely bio-tech based research to suit particular regions. We can encourage people to grow small grains, yes, and I think that is already being done by our colleagues in agriculture but to a large extent, the research is minimal.
Let me however add that there are also other varieties of seed that have been developed that are suitable, drought resistant, not as effective as the GMO seed but they have been developed at SIRDC for maize for instance. If you go to the shops, last year one could see them, they were actually launched by the Hon. Minister of Agriculture. He attended the meeting at SIRDC. So, in a way, there are indeed some efforts taking place, both at the level of small grains and other grains to address the general challenges of climate change that is taking place in the country.
I thank you Madam Speaker.
*MRS SHIRICHENA: My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development. Minister, do you have any plans with regards to farmers who sold their grain to the
GMB in 2010? To date, these farmers have not been paid. What is the situation on the ground? My second question is that farmers who are in winter wheat crop farming have not had any cash advancements to assist them. What plans does the Government have to assist these farmers?
*THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR. MADE): I want to
thank the hon. member for the two questions. May I take this opportunity to inform you that most of the farmers who delivered grain to the GMB have been paid. Of course, there could be some who may not have been paid because we had problems when we changed currency from the Zimbabwe Dollar to the United States Dollar.
Your second question has to do with the winter crop. Serious wheat farmers are already in the field and doing what they know best. This year, we did not have adequate funds to fund the winter crop. We know that it is difficult for the farmers to start farming without any assistance from Government. We also know the challenges these farmers get when they approach banks to have loans, the interest rates charged are so high and most of the farmers cannot afford and so they need Government assistance. We hope that farmers who are serious in the winter crop should not be deprived of electricity. ZESA should sympathise with these farmers because winter wheat farming relies very heavily on irrigation unlike other crops that rely on the rainy season. Therefore, we implore the powers that be, to let these farmers access electricity.
We also have farmers who grow barley. These farmers do not have problems because Delta Corporation assists these farmers; they advance them through contract farming so that they grow the crop which they later sell to Delta. We also look forward to have contract farming coming through to wheat farmers. We are looking into this issue because we have got a feeling that little attention is being paid to the farmers because the millers know that they will import wheat. As Government, we have to assist our farmers so that our consumers get wheat.
- MUDIWA: What is the Government’s position with regards
to the election date? There is confusion as to when we can have elections in this country.
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
I want to thank the hon. member for that question. The determination of the date for our election is work in progress. Today, we had a great day where we signed into law the new Constitution. Things are going to be much clearer. So, what we need to do is to look at two categories of issues. The first one is our law. What does our law say about the timelines we must go through towards these coming elections? I am fairly educated but I am not a lawyer. I am very learned but not a lawyer. So the lawyers will help us read our Constitution, the new one and the old one, the transitional mechanisms and all those things to say, what the law says in terms of when we should have elections, these upcoming elections.
The second category of issues is political because we are in a political arrangement of an Inclusive Government. What is politically meaningful in terms of the date of our election? Why is this category important? Musakanganwe chezuro ngehope. We are in this Inclusive Government; we are at this juncture of our history because of a problematic election we had in 2008 whose outcome was challenged, whose outcome was inconclusive. So in addition to the law, we must also look at the political environment so that we create conditions that are conducive for a free and fair election so that after the elections are done, the losers are able to congratulate the winners. The winners are able to form a bona fide democratic and legitimate Government. That is why the political considerations are important. Moreover, we are in a framework where SADC and the AU are working with us. So we need to make sure that, without compromising our sovereignty, we keep our colleagues from South Africa, SADC and the AU in the loop. These are political considerations. We must not do things that bring us into disrepute vis-a-vis ourselves as the people, the facilitator, President
Zuma, and the AU.
Madam Speaker, if we take into account the legal requirements and the political considerations and sit down together as Zimbabweans, as team Zimbabwe, in an inclusive manner, we will be able to come up with a date for our elections. A date which is acceptable to all of us. A meaningful date which will allow us to deliver an outcome that will be bona fide and a legitimate, which will in turn allow us to have a
Government which is not challenged by those who would have lost. So I do not want to pre-empt myself by giving you a date. After today, we are going to be able to sit together in an inclusive manner and determine the date for our elections. Working together as team Zimbabwe, we shall overcome.
*MRS. MATIENGA: My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development. We found that we have received rains in the past two days. My question is, are we supposed to be planting crops or it is a climate change. Therefore, is it possible for you to tell us the type of rains which we are having now? *THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (SEN. DR. MADE): Thank
you for that question honourable member but I am not responsible for the weather changes and the rains that fall. I am simply a farmer and also doing my farming according to the rain seasons. The rainfall pattern falls under many departments and ministries. These are the meteorological office, the Ministry of Environment and you also find that in the science side, we have the Minister of Science and
Technology, Prof. Dzinotyiwei all looking at the rain patterns.
We all know that as farmers, we use any rains in our farming projects as long as there is rain. So, the winter rains can also be fully utilised by a farmer who is well planned. Thank you.
Questions without notice were suspended by the TEMPORARY SPEAKER in terms of Standing Order No. 34.
WRITTEN ANSWER TO QUESTION WITH NOTICE
RESUSCITATION OF THE SHAGARI DAM
- MR MADUBEKO asked the Minister of Water Resources Development and Management to explain how the Ministry intends to resuscitate the Shagari Dam so that irrigation in Lower Gweru is enhanced.
THE MINISTER OF WATER RESOURCES
DEVELOPMENT AND MANAGEMENT (MR. S. S. NKOMO):
Thank you Madam Speaker.
ORAL ANSWER TO QUESTION WITH NOTICE
PLANS TO ALLEVIATE PROBLEMS FACED BY PHYSICALLY
CHALLENGED PEOPLE
- MRS MANGAMI asked the Minister of Labour and Social
Services to explain to the House –
- the Ministry’s plans to alleviate problems faced by physically challenged people in acquiring equipment such as wheel chairs, crutches, hearing aids and lotions for albinos, among others;
- Whether duty is paid on such equipment and on special types of motor vehicles and
- The requirements for acquiring such equipment duty free.
THE MINISTER OF LABOUR AND SOCIAL SERVICES
(MS MPARIWA): Let me thank the hon. member for the question. On the first part of the question, Madam Speaker, my Ministry, through the
Department of Social Welfare Services, and as provided for in the Social
Welfare Assistance Act (1988) and the Disabled Persons Act (Chapter
17.01); of 1992 provides assistance to persons with disabilities. These are devices that enhance or assist persons with physical challenges in undertaking their daily, social and professional routines. To access this facility, the prospective beneficiary has to approach the nearest District
Social Services office which is found in every district Madam Speaker. One has to go with three quotations from different suppliers of the enabling technology required. This facilitates the initiation of the application and subsequent processing of the payment using funds from the Disabled Persons Fund. The Disabled Persons Fund is a statutory fund set aside for the welfare and rehabilitation of persons with disabilities.
The second part of the question that is (b) and (c), is that duty is not paid on assistive technologies and special type of motor vehicles. The pre-requisite for being exempted from paying duty is a presentation of a Registration Certificate in the case of registered Private Voluntary Organisations. In the case of individuals, there is need for presenting details pertaining to certification of disability which is done at any public hospital or registered orthopedic technicians or centres. These prerequisites should be submitted to ZIMRA officials before initiating the importation of specialised vehicles or assistive technologies.
Let me explain this Madam Speaker, that there has been many occasions where one acquires the required equipment without prior notice or without notifying ZIMRA or my Ministry or without the documents that are needed. Then that takes time. By the time one gets the go ahead of actually going back to the border, they may have lost the equipment or lost patience.
I encourage hon. members to assist their communities by way of going to the social services office, communicate with ZIMRA and to also get a quotation. Madam speaker by the time one acquires something, everything will be in place, they will not take time running up and down the boarders. You know that there is bureaucracy in Government, so, you need actually to bear with the officials.
On the motion of THE MINISTER OF LABOUR AND SOCIAL
SERVICES, the House adjourned at Twenty Five Minutes past Three
th June, 2013. o’clock p.m. until Tuesday, 4
PARLIAMENT OF ZIMBABWE
Tuesday, 24th September, 2013
The National Assembly met at a Quarter-past Two O’clock p.m
PRAYERS
(MR. SPEAKER in the Chair)
NEW MEMBERS SWORN
- ARNOLD TSUNGA and MR. GABBUZA JOEL GABBUZA took
and subscribed to the Oath of Loyalty as required by law and took their seats.
- SPEAKER: Order hon. members. I ask Hon. Mutasa to move a special motion.
MOTION
SUSPENSION OF STANDING ORDER NUMBER 170
THE MINISTER OF STATE FOR PRESIDENTIAL
AFFAIRS IN THE PRESIDENT’S OFFICE (MR. MUTASA): Mr.
Speaker Sir, to cater for persons with disability, may I, with thd leave of the House, move that Standing Order Number 170 of the National
Assembly be suspended in respect of persons with disabilities who are Members of this Parliament, This will enable their aides who are members of the public to sit with them in the Chamber or in Committees of Parliament for the sole purpose of rendering their assistance. All the rules that apply to Members of Parliament in respect of disciplinå and decorum siall apply to the aides. For the avoidance of doubt, all the privileges attended with being a Member of Parliament shall not apply to tHe aibes, either in plenary sessions or in committees. I so move Mr.
SpeaKer Sir.
Motion put and agraeä to.
ANNOUNCEMENTS BY MR SPEAKER
MEMBERS’ PÈOTOGRAPHS
- SPEAKER; I èave tk inform tha House that all hon. members who have not had(their photographs vaken are kin`ly reQuested to&do so ep to a half-past foõr p.m. in the members’ dining room tmday. The photos are required for uploading on the website and for the development of Members of Parliament charts. Hon. members are also advised to submit their e-mail addresses and other contact details to the Public Relations department in order to facilitate proper logistical arrangements on various parliamentary programmes.
SWITCHING OFF OF CELLPHONES
- SPEAKER: May I advice hon. members to kindly switch off their cellphones before business commences.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
- MBWEMBWE: Thank you. Mr. Speaker Sir, let me start by congratulating you on your election to the very important position of Speaker of the august House. Amhlope.
I would also like to extend my hearty congratulations to His
Excellency the President of the Republic of Zimbabwe, Comrade Robert
Gabriel Mugabe, for his victory and election as the President of the Republic of Zimbabwe. That was a massive show of support and confidence in his vision and leadership for the country, makorokoto.
Mr. Speaker Sir, allow me at this juncture to congratulate all the hon. ….
- SPEAKER: Order, may I interrupt the Hon. Mbwembwe. After you have done your notice, we need to second the motion. Who seconds the motion?
- A. NDHLOVU: I second.
- SPEAKER: Mr. Mbwembwe, please carry on.
- MBWEMBWE: Thank you Mr. Speaker Sir. Allow me at this juncture to congratulate all the Hon. Members of Parliament for being elected to represent our people and for the expression of confidence in their ability to deliver on the high expectations of the people of this beautiful country. I am most grateful to the people of
Chikomba East for continuing to bestow on me the honour of representing them in this august House. I shall endeavour not to disappoint them.
Mr. Speaker Sir, I want to thank His Excellency, the President of the Republic of Zimbabwe, Cde. R. G. Mugabe, for his comprehensive presentation at the opening of the First Session of the Eighth Parliament of Zimbabwe, on the 17th of September 2013. The presentation laid the agenda for this august House and indicated the priorities for Government in the on-going struggle for us to build a robust economy and improve the lives of the majority of our people. It also set the tone and gave us insight into the enormity of the tasks that lie ahead. It was a call to dedication, a call to commit ourselves to the duty of serving the people of Zimbabwe.
As we work out the details, and seek to align the various pieces of legislation to the new Constitution, we must once again Mr. Speaker, congratulate the people of Zimbabwe for holding a peaceful election.
[HON. MEMBERS: Hear, hear]
It was an election that will continue to be an example not just to the region but to the rest of the world. It was a demonstration of what happens when a people come together and commit to a vision and an objective. Let us as Zimbabweans take the same patriotic approach to dealing with the complexities of the matters ahead and in implementing solutions to the challenges that we have.
Mr. Speaker Sir, His Excellency the President, highlighted the pivotal role of the agricultural sector as the mainstay of our economy. The speeding up and the completion of various strategic water projects to address challenges of drought and climate change are very welcome, together with the livestock mitigation programme that government is set to continue. As these short, medium to long term plans get underway, the immediate task for government is the timeous availing of agricultural inputs for the impending season. Can the inputs be available to the communal areas; to Sadza, Pokoteke, Shumba, Murambinda, Mutoko and many others on time? It is that readiness, all things being equal; that lays the foundation for sustainable food security.
Food security must be addressed with the seriousness that it deserves. Already, the people we represent, moreso in the rural areas, are in need of food. A country undertaking a successful land reform programme cannot rely on food imports and handouts, His Excellency the President said. The Ministry of Agriculture will need to be more aggressive and more practical in dealing with the issues of viable agriculture and productivity. The importance of farming must start at primary and secondary schools, so that the farming culture is reinforced. There is need for an integrated production oriented approach. We must replicate the success of tobacco with the other crops such as maize, wheat, soya to mention a few.
Mr. Speaker Sir, His Excellency the President spoke about prioritisation of pro poor economic development initiatives and the mobilization of funding for the revival of the critical sectors of agriculture, mining, tourism and manufacturing.
The manufacturing sector continues to suffer from low capacity utilization, the result of which is continued unemployment, reduced revenue inflows to the fiscus and widening trade deficit. Our industry needs recapitalization to be able to compete in the region and even before that, to be able to ward off competition from external players. The engagement of bilateral and multilateral institutions is paramount and must be pursued vigorously, whilst incentivizing for investment and exports.
Mr. Speaker Sir, the urgent need for the Mining Development Policy and the promulgation of the new Mines and Minerals Bill cannot be overemphasized. His Excellency the President was emphatic that the mining sector must play its pivotal role in the industrial development process. The lifting of illegal sanctions on ZMDC by the European Union, although self serving on their part, will give increased impetus to that catalytic role.
His Excellency the President in his address, spoke about the critical role of the energy sector and measures to be put in place to improve overall supply. That together with the operationalisation of the
ARDA-Chisumbanje Ethanol Plant will go a long way in ensuring sustainable power supply. The impact on the overall economy will bring relief to the country.
The tourism sector has recorded success and must continue with measures to ensure Zimbabwe is an international destination of choice. That will raise its contribution to the GDP, whilst creating the much needed jobs for the youths. The standard set in co-hosting the UNWTO General Assembly is a yardstick worth replicating in the other sectors of the economy.
Efforts to ensure sound transport infrastructure through publicprivate partnership arrangements are welcome. The country is badly in need of more modern transport infrastructure to cope with the increasing transport challenges.
Related to that in terms of infrastructure is the commendable arrangement for a US$144 million loan facility from China for the City of Harare to address poor sanitation and water related facilities. Replication of that arrangement for other towns and cities will be a great milestone in the development process of this country.
On the education front, the commitment by government to continue to set the pace on the African continent is highly commendable. In his wisdom, His Excellency the President said the focus must be on teaching and learning of science, technology, engineering and mathematics, youth empowerment and entrepreneurship development.
That will be the backbone for national competiveness and success.
The parastatals and local authorities sector needs a lot of attention. They are underfunded and have corporate governance issues of lack of capacity to turn them around. The service deliver is very constrained. They need to run profitably and not continue to destroy value and relying on the fiscus.
The introduction of performance contracts and a Results Based Management approach for greater accountability and effective service delivery are most commendable. I urge government to speedily implement these measures including dealing with the debt saddling some of these parastatals to ensure operational viability for the good and success of the economy and the people of Zimbabwe.
Mr. Speaker Sir, His Excellency the President, outlined measures to enforce zero tolerance to corruption. I commend him for taking such measures to stop the draining of national resources for personal gain. Corruption is a cancer in our society and the measures to be put in place must be deterrent enough to create a better society.
Mr. Speaker Sir, the mainstreaming of indigenisation and empowerment programs is very welcome to improve and strengthen the value of the programs. The effective management of the community share ownership trusts must be guaranteed to ensure the benefits will accrue to the intended beneficiaries.
Alongside these measures must also be the inclusion of the supply chain approach to the empowerment and indigenisation agenda. Immediate empowerment can be realised when the products from the small communities in Chikomba East, Mutoko, Domboshava and all over find their way to the supermarkets in this country and not when tomatoes and garlic among others rot at Mbare and elsewhere because our supermarkets are full of tomatoes and garlic from neighbouring countries. That is shortchanging our people in terms of empowerment.
The supply model must be taken on board when reviewing empowerment legislation.
Tied to that is the great work that is being done in the micro, small and medium sector. The capacity to eradicate poverty as His Excellency the President put it, is enhanced if the whole process chain from funding to markets is addressed.
Mr. Speaker Sir, I thank His Excellency, President for his commitment to ensuring that the civil servants’ conditions of service and remuneration are improved. That will greatly improve their morale, engender a greater sense of belonging and translate to improved service delivery.
Mr. Speaker Sir, the agenda and programme outlined by His
Excellency the President are a call to action and to service. The new Government must hit the ground running. We ask the government to rise to the challenge, to lift our people out of poverty, address the challenges of the youths who now constitute about 60% of the world population, empower to create employment, accessible clean water, accessible roads, efficient health facilities and schools with adequate learning materials and electricity. Food and market for their products, that is what the people that I represent in Chikomba East are asking for. We ask that the ministries be run effectively in our struggle to fulfill the requirements and the expectations of our people. We ask that we all commit to a building of a better Zimbabwe and to sustainable development. I thank you Mr. Speaker.
- A. NDHLOVU: Thank you Mr. Speaker Sir. Please allow
me Mr. Speaker, to take this opportunity to congratulate His Excellency, President R.G. Mugabe on his election as the President of this Republic and consequently the Commander-in-Chief of our Defence Forces.
Allow me also Mr. Speaker, to congratulate you on becoming the Speaker of this august House and through you, congratulate all hon.
Members on their election to be members of the Eighth Parliament.
Well done to all of you.
Mr. Speaker Sir, President Mugabe’s victory is not just a victory for ZANU PF or Zimbabwe but a victory for SADC, Africa and the whole progressive community. It is a victory which signified a big blow to imperialism, which victory I want to call the biggest imperialist activity of 2013. In opening this session, His Excellency spoke about the manner in which Zimbabweans conducted themselves before, during and after the 31st of July 2013 harmonised elections. These elections, no doubt, indicated that Zimbabweans have become of age and the world has a lot to learn from us.
While opening this Parliament, His Excellency the President laid out the legislative agenda for the Eighth Parliament which includes harmonising various pieces of legislation to be in line with the new Constitution. The pieces of legislation will, among other things, ensure that certain institutions given birth to by the new Constitution such as the number of independent commissions, are supported by legislation in order to operationalise them.
While opening this Session, His Excellency spoke about the centrality of agriculture in driving our economy. It is very sad however, that agriculture has suffered recurrent droughts since 2000, coupled with climate change effects. I want to call upon Government to come up with a sound climate change policy which should see the use of ICTs in mitigating effects of climate change for food security. I also want to call on Government to set up the climate change fund, as climate change effects or environmental degradation effects are mostly felt by women and the young girls. It is the women and the young girls who walk long distances in the rural areas in search of energy in the form of firewood. It is still the women and the young girls who go long distances in search of water. It is therefore imperative that Government takes seriously the issue of dealing with climate change, since it has effects on the rest of our developmental goals.
Agriculture Mr. Speaker Sir, needs to be supported, both commercial and small scale. You will agree with me Mr. Speaker, that the larger part of our population is in the rural areas. It is therefore important that we support agriculture in a much more sustainable manner so that the livelihoods of our people are improved. It is therefore imperative that Government revamps existing irrigation schemes and introduce new ones in areas that do not have them and are prone to drought, for example, Mberengwa in the Midlands among many others.
Mr. Speaker Sir, His Excellency also spoke about his
Government’s need to revive key sectors of the economy, notably agriculture, mining, tourism and the manufacturing sectors. This can only happen if Government is able to mobilise funding.
I want to move on and talk about the centrality of mining in reviving the economy and urge Government to set up value addition and beneficiation infrastructure so that the country is able to get more value from its God given resources, while at the same time creating employment which we so much need for our young people.
Rehabilitation of power stations is a positive development, but more still needs to be done in this area. As I congratulate His Excellency on his wise words Mr. Speaker Sir, I call upon…
- SPEAKER: Order. Will the officer dishing out papers do so in whispers please? Please carry on.
- A. NDHLOVU: I call upon President Mugabe’s Government with regards to energy to also look into renewable energy sources such as wind and solar, which energy sources are also environmentally friendly. Mr. Speaker Sir, I want to thank His Excellency the President for talking about his commitment to making sure that the ARDA Chisumbanje Ethanol Project is going to be embraced so that it is fully operational. This will no doubt create employment and improve the livelihoods of our people in Chipinge and Manicaland in general.
As I applaud Government in its effort in dualising our major roads, allow me, Mr. Speaker Sir, to call upon Government to also consider rehabilitation of roads in all rural areas in the country. Our people in the rural areas walk very long distances when they want to travel because transport operators shun those areas due to the poor road network.
It is my hope that Government will continue to solidify its efforts in ensuring that all its citizens have access to safe and clean drinking water. The loan facility from the China-Exim Bank, its disbursement should be done with more speed, Mr. Speaker Sir, as it has a potential to relieve all urban dwellers in Harare from water woes.
Mr. Speaker Sir, I also want to thank His Excellency the President for his efforts to revive social dialogue through the Tripartite
Negotiating Forum Bill which he says will be tabled before this august House. This of course creates harmonious relations at the workplace and as you know, harmonious labour relations result in increased productivity which directly increases the performance of our economy. Harmonisation of our labour laws in line with international labour standards should continue as His Excellency the President mentioned so that our standards are in line with those of the ILO Conventions which the country has acceded to.
On the health care sector, Government needs to take measures which ensure that all its citizens have access to quality health care which is not only accessible but more importantly affordable. At this juncture,
I want to urge President Mugabe’s new Government to consider and ensure that all our public health institutions have specialist medical equipment such as that used for MRI scans among others. Also, to ensure that all our public institutions have at least one eurologist/Neurosurgeon. A lot of lives have been lost, lives which could have been saved had the services of Neuro-surgeons or specialists were available. These services are not only scarce but they are also unaffordable where they are available. So, I want to urge the government to look into this area and make sure that our people are saved from death that can be avoided.
Mr. Speaker, while on the same issue, I want to urge all Medical Aid Societies to ensure that their cover also takes care of specialist services/procedures among other things.
Progress made in the educational sector cannot be over emphasized but I want to urge government, in line with what His Excellency said, to relook at the educational curricula so that it is in line with the national agenda of economic empowerment; national pride and for it to also be able to instill patriotism in the young people of this country. The history of the country, including the Constitution should be taught in all our schools – right from a tender age. So that while we can differ politically, socially or in whatever area - each of us is able to know that first and foremost – they are Zimbabwean. That will also make it possible for us to avoid unnecessary conflict. While still on education, I want to urge government to relook at tertiary education funding.
We have seen in the past few years that our students in the universities are facing challenges with regards to school fees. I want this done because the girl child suffers the most from the effects of lack of a sustainable funding scheme by government. The young girls are made vulnerable and end up indulging in undesirable activities in search of education. It is also important for government to prioritise funding tertiary education because it is only after these women have been trained that they can be put in positions of leadership – among many other empowerment initiatives.
Mr. Speaker Sir, allow me to salute His Excellency for attaching the word ‘importance’ to the plight of all civil servants. At this juncture, I want to salute the gallant sons and daughters who work in the civil service for their resilience and bearing the unfavorable conditions of service – notably in the past five years. His Excellency’s commitment to improving the conditions of service for civil service employees must be applauded.
Corruption is a cancer which has not spared us. His Excellency made it very clear when he opened this session that, he tolerates not corruption. I want to urge everyone – hon. members and every Zimbabwean that we have to be united and make sure that we do away with this scourge. The Constituency Development Fund (CDF) Bill is a welcome development as the fund is meant to improve the livelihoods of the electorate and not benefit individuals.
Mr. Speaker Sir, one of the major reasons Zimbabweans went to war with the British – over and above the right to democracy which manifests through the ballot box was the need to control natural resources. It is, therefore, imperative that government consolidates indigenisation and economic empowerment programmes so that we bring meaning to the political independence that we enjoy. For that, I thank His Excellency for making a commitment to make sure that what the gallant sons and daughters of this country sacrificed so much for during the struggle, is made to come to pass.
On the diplomatic front, His Excellency said that, Zimbabwe’s foreign policy is anchored on the promotion and protection of the country’s political and economic interest and above all the country’s image beyond our borders. Promotion of regional and international peace shall continue to guide his government’s foreign policy and he must be applauded for such a vision - which seeks to strike a balance and does not compromise on the country’s sovereignty and territorial
integrity.
Allow me, Mr. Speaker Sir, to congratulate Zimbabwe and His Excellency for being elected Deputy Chairperson of SADC. I want to wish him and his government all the best as they host the 14th SADC Summit of Heads of State in Government in August 2014 – when the country assumes the groupings’ Chairperson. Well done Zimbabwe, well done Your Excellency.
As I conclude, I want to join His Excellency in thanking the gallant sons and daughters of Zimbabwe serving in our security sector – who do not only shine in many peace-keeping missions but more importantly play a very key role in safe-guarding the country’s territorial integrity and making sure that this country remains independent. Indeed, a State is as strong as its Generals.
His Excellency also saluted all Zimbabweans for showing amazing levels of tolerance and finding strength in their diversity and putting to shame the detractors of this country and all prophets of doom who had prophesied that Zimbabweans are not able to solve their own problems.
Thank you Zimbabwe, may the good Lord bless you all.
I want to urge all hon. members and every Zimbabwean to take heed of His Excellency’s wise words and conduct business in this august House in a manner which shows that we respect the confidence put in us by the electorate and do business not in a business as usual attitude. We need to take issues seriously and make sure that we deliver to the electorate.
Once again, congratulations Your Excellency; congratulations to you Mr. Speaker Sir; congratulations to each of us in this House and thank you to all Zimbabweans who made sure that on the 31st July by resoundingly voting ZANU PF and His Excellency, this country will forever belong to Zimbabweans and above all Zimbabwe does not become a colony again.
- MANGAMI: Thank you Mr. Speaker Sir, for allowing me
this opportunity to add my voice on the Presidential Speech. May I begin by congratulating you and your Deputy for being appointed to the Office of the Speaker. Secondly, may I also congratulate His Excellency, Cde. R. G. Mugabe, for winning resoundingly in the just ended elections.
I have two issues to discuss today. Firstly, our President pointed out that there is need for introducing more irrigation schemes in this country. I applaud this idea because nature has not spread its wings evenly throughout the world so in some areas there is inadequate rainfall. For that reason, there is need for us to add more dams in this country to alleviate this problem caused by drought.
Secondly, I would like to look at issues which our President raised in terms of rehabilitation of roads - the continuation of rehabilitation of these roads is very important. Looking at my constituency, there is need to improve the Manoti-Gokwe road which connects our growth point
Manoti and Gokwe town. It is in a bad state, if that can be prioritized.
In addition, I also have Sahi road which also needs to be improved in accordance with the President’s Speech.
We actually know that Gokwe is a farming town. We used to carry our “white gold” which is cotton to various parts of the country for various reasons. It is an important asset for us to have these roads improved so that they are carried to different parts of the country. I will not have done justice to my Constituency if I do not make an urgent request to this House, to our Government for an immediate reclamation of gullies in Gokwe town. The town of Gokwe is under threat as I speak, there are gullies which are threatening our courts and it is just a distance of about 10 metres towards our Government Complex.
I will actually hand over to this House some of the pictures that are actually a sad story to the town of Gokwe. Allow me to give the Hansard these pictures to be recorded so that hon members can see the seriousness that has taken Gokwe under threat.
Definitely, if gullies are not attended to we might be forced to relocate because they look like Victoria Falls. If rains come before they are attended to – I am not exaggerating hon members, if you visit my Constituency you will find that what I am actually saying is the truth and nothing else as we did during our swearing ceremony.
Our Government needs to look at the issue of gullies through the Ministry of Environment because the soils there are just loose and some of the schools like Mlalazi Primary and Jororo Primary are also under threat because of gullies. In addition to some of the challenges that are in Gokwe, like I have said, we need to have electricity in most of our rural areas since there are few areas which already have electricity.
The challenges in my constituency are not exhaustive. Allow me to conclude by thanking the people from my Constituency for re-electing me to represent them. I promise that I will not betray their trust as I will tirelessly continue to work with them and actually receive advice.
- KEREKE: Thank you for allowing me this opportunity to contribute to the debate at hand. Firstly, to congratulate Mr. Speaker for being elected to the position you do hold and also to concur with earlier hon members’ words of celebration and congratulating His Excellency, the President for the resounding victory.
The presentation by the President laid the road map which, as the august House, we need to traverse in our business during our tenure of this First Session. I want firstly to contribute to the debate on the subject on Constituency Development Fund where His Excellency underscored that as Parliament we need to set the rules under which that fund can be administered in a transparent manner.
I have no doubt that Parliament would set such framework as would give transparency but for the august House, under the representative format of our democracy, there is need to ensure that such funds are not set as a token. For instance, does the quantum that is put per constituency confirm to our notion of what development should translate to, to the people. I want to add to the debate by saying the
Constituency Development Fund route is the quickest route between Government as the machinery for the people and the actual people. By its construction, the institution of Government requires certain processes that would go from ministry to ministry, department to department and it takes time for certain developmental activities to reach the people.
The route of the Constituency Development Fund, to this extent, hon members on the ground are the tentacles that are in contact with the people, we want to urge that the route of the CDF in response to the guidance by the President be looked at as a legitimate significant intervention towards development and not as a mere token in terms of its significance.
The next area the President touched on was in respect of corruption. I think hon members will need to amplify the discussion and give the community the true sense of what corruption means, the various forms that corruption takes. When a public figure is supposed to discharge certain functions, they abrogate their duty, is that corruption? Perhaps it is. Corruption needs not to be looked at in one dimension. So we want to applaud His Excellency for highlighting the need to eradicate, the need to fight the scourge of corruption in all its manner in our public and private institutions.
There is also need to broaden the scope of fighting corruption by looking at the factors that give opportunity to this scourge to arise. If you are a farmer, you plough and you do not fumigate, you give opportunity for weeds to take charge. Corruption! Corruption! Corruption! We need to look at those issues in our society at both the individual and institutional levels that cultivate the culture of corruption.
Our institutions that are meant, under the statutory measures instituted by this august House, to fight corruption which include the Zimbabwe Anti-Corruption Commission, the law enforcement arms, there is need to ensure that they coordinate efforts in a manner that reads from the same page as regards the scourge of corruption.
The Speech by the President, touched on the need to ensure food security. Again, as we speak, the season is upon us. To be successful in agriculture, it is all about planning and timing. We need to ensure that the functionality of those tentacles of Government that ensure viability of farmers. Do our farmers get inputs on time? We are in the month of
September Mr. Speaker Sir. There is need to ensure that the call by His Excellency the President for food security is translated into reality through timely provision of inputs to farmers. We need to realise that under the land reform programme, which is a historic programme, an irreversible one as reflected by our Constitution, is supported through implementation that caters for the various forms of ownership of land.
We have the communal A1and A2 farmers. There has been a tendency to assume that the private sector under the auspices of the financial sector can create permanent and lasting solutions to the needs of farmers. I want to say the world over Mr. Speaker Sir, it is a known fact that agriculture can not function without the direct intervention of a people’s government, whether you are in Europe, America, Japan or China, wherever in the world, the government has to take a leading role even in giving support to farmers that are in A2. So the call by His Excellency the President in respect of agriculture requires rethinking our models of intervention when we support farmers.
By its nature, farming is more of a public good. In other words a public good is where the benefits tend to be far reaching especially when looked at from a society’s point of view, whereas the costs are localised to the individual farmer and to the individual company undertaking a given operation. So through this august House, through our deliberations, we would want to discharge the road map as laid out by His Excellency the President in respect of farming by ensuring that the tentacles of government lay not just the framework, but implement the programmes that are tangible, effective and on time to give impetus to agriculture.
His Excellency the President touched on the need for us to develop our health institutions. I want to say Mr. Speaker Sir, the health sector in the communities we lead, is a seriously impaired sector particularly in the rural areas. We have instances where expecting mothers walk for not less than thirty to forty kilometers to get to the nearest clinic which has got no electricity. They also walk to the nearest clinic which does not have the basic kit in terms of equipment to enable delivery of new borns. The effect is that we have rising mortality rates of new borns in the rural areas. Most of them go unreported because of the logistical gaps that still exist in terms of communication, in terms of transmitting reality to the tentacles of government.
So we would want through you Mr. Speaker Sir, deliberate efforts and discussion in this august House to say what is it that we can do to ensure meaningful transmission of government resources to close the health scourge that is there in the rural areas. In Bikita West, a constituency I represent, we have instances where expecting mothers are ferried on scotch carts, traversing gullies, and the pain, the horrors that they go through, must invoke a sense of urgency to our business in a way that responds positively to their call.
Infrastructure development, Mr. Speaker Sir is an area where the President underscored the need to ensure that our policies are also significant. We have ongoing projects that were initiated by previous governments in terms of dualisation of roads, in terms of maintenance of roads. We want through you Mr. Speaker Sir, to urge that such programmes be implemented not in a peace-meal fashion but implementation where one segment that is targeted must be seen to its completion prior to touching other areas and leaving them half baked for a length of time. Visibility of effectiveness of government would be there when we preside over projects that end.
So I want to say Mr. Speaker Sir, His Excellency the President laid a very solid foundation for us to deliberate in this august House to ensure that our programmes within the trinity of the structure of government, give results to the people. His Excellency the President also spoke about the need for regulatory reforms. In other words tying the Constitution to the actual day to day statutes under which the arms of government whether at national level or at local level, can then operate. I think that one is an urgent exercise which must preoccupy the business of this august House for it is only through clear, transparent and forcible statutes that the business of government can be discharged effectively the people.
I want to conclude Mr. Speaker Sir, by wishing hon. members in the august House fruitful deliberations and transparent representation to our people. I thank you.
*MR. CHINOTIMBA: Mr. Speaker Sir, firstly, I would like to congratulate you for being elected as the Speaker of this House.
Secondly, I would like to congratulate His Excellency President R.G. Mugabe for being elected as the President of Zimbabwe. I would like to congratulate all of you members of parliament present. I would like to add my voice to this speech which is very pertinent. Talking about food security, I am referring to where I am coming from, where I represent.
The President touched on a lot of things but it is now up to you and me, for we are all aware of hunger.
In my constituency, there is a lot of hunger. I would also want to say if the Ministry of Agriculture is well resourced with money, there should not be any debate when it comes to this. It should be given finances so that it buys food for the people.
- SPEAKER: I think your microphone is not on, Hon.
Chinotimba, can you come forward.
*MR. CHINOTIMBA: I was saying that the Ministry of
Agriculture, including the Grain Marketing Board, should be given money so that they buy food for the people. It should be well resourced so that the GMB or the Ministry of Agriculture sees to it that there is food.
For example Mr. Speaker, where I come from; Buhera South, if people do not plough in September when we have the rains, it means there is drought. It means they will not get anything including the sorghum that they usually plough. So, when the President was talking, it really touched me because I could not see what happens later when the President has given some instructions. I do not know what takes place in these Ministries, who will be having the finances. The President has said money should go to Agriculture, but you find that in that Ministry, no money goes there. Mr. Speaker, I am saying so because we are the representatives of the people, we should work accordingly.
Secondly, I would like to talk about the roads and dams which were talked about by the President. Where I come from, I heard other people saying their areas are worse; Buhera South is not in good condition. I know that people in Buhera Central have named roads. At first they say Kangai, when Kangai went out, the roads were now named Tsvangirai after the Prime Minister. Now we are there, they are saying they are now called Chinotimba – [Laughter].
Mr. Speaker Sir, our people always ask us, how is Buhera different from other places in Zimbabwe. They say if you go in this direction you will find roads being resurfaced, if you go in this direction as well, you see tars being resurfaced. These are questions which people are asking. You see that many are being killed in our roads, especially when you go along Beitbridge. Is it not possible that monies which are being realised from ZINARA should be seen only on roads but they should also be seen in these dust roads – [HON. MEMBERS: Hear, hear] - because our people also vote for the MPs. They also stay in this country but at the end, they will say what are we suffering for whilst we are staying in these places which are dirty and where tars are only put in other places. If you look at the Mutare highway, you will see it is about three or five years but I am saying what the President has said should be implemented. We should see roads being mended, not that we should point fingers at each other that only resources are channeled to certain areas.
Mr. Speaker, to solve the problem, what we should do is we should look at all the dust roads countrywide , from Tsholotsho,
Binga to Bulawayo, no matter there is no tar at least they should maintain the roads. I think we should help each other when it comes to things like this.
Coming on to corruption which was touched on by the President, I looked for myself to find where corruption is starting from, the root. Then I realised that I do not think corruption is coming from the grassroots but it is starting from us here in Parliament. It starts with relatives, even the people that we appoint as Ministers. They are the ones who are corrupt or people who have been appointed to higher positions, they are the ones who are corrupt.
If you look Mr. Speaker, you find that corruption starts from here – [Laughter] – if you see people walking out whilst you are there in the Chair, that is corruption. That is the beginning of corruption, even laughing at each other, jeering at each other, you see these parties MDC laughing at MDC-T and MDC-T laughing at
ZANU PF, that is corruption – [Laughter] – Mr. Speaker Sir, corruption! corruption! corruption!
I hope we are going to leave corruption starting with me going down to the grassroots. We should stay away from corruption. The opposition will say President Mugabe’s Government but the
Government of President Mugabe is us who were elected by the people. That is the Government. So, I think we can get rid of the corruption if we come together in this august House and do what we were elected for by the people; that our ministries work for people and that we also work for the people. That is what I have stood up to say and to add my voice to this motion.
Whilst I was talking about hunger, I was called while in this House that where I come from in Buhera, there are now jackals attacking people in Buhera in broad day light. Mr. Speaker Sir, - [HON.
MEMBERS: Inaudible interjections].
MR SPEAKER: Order, Order, Order, can you listen to him please. Please carry on.
*MR. CHINOTIMBA: Mr. Speaker Sir, some are laughing because they are not faced with such a challenge but if they bear in mind that people who are being bitten are the people of Zimbabwe, they would not laugh. Otherwise, that is where corruption starts from - [Laughter]. Mr. Speaker Sir, I do not know what we can do.
We have heard that what the President said about looking after our livestock. He touched on all those issues. Where I am coming from, we are asking through this august House that could you please help us by controlling these animals. We cannot control them because of hunger. There is no water because of drought and they used to eat some small animals in the bush like rabbits but because of hunger, they are now turning to the people. So, I think when it comes to hunger, we should put our heads together and see what we can do.
Lastly, I would like to congratulate all the Members of Parliament and our President for being there. Our country is going to be a better country if we remain united. Thank you.
- E. GUMBO: I would like to thank you Mr. Speaker, for giving me a chance to contribute to this debate. I would like to congratulate you for being elected to your position, His Excellency, the President of the country, Comrade R. G. Mugabe and also I would like to thank all the hon. members of the National Assembly for contributing and I suppose your good campaigning to get into this House.
First and foremost, I would like to touch on four topics; mainly the issue of food, water, health and corruption. The preceding speakers have spoken on these subjects and obviously I will not dwell much on that but
I would like to highlight on some issues that affect the Matabeleland Region in respect of that.
My constituency, Gwanda Central, is really short of food and there is no water to drink and the health facilities are almost collapsing. I believe this can be true also for the province of Matabeleland South and possibly some parts of Matabeleland North.
To this effect, I would like to applaud the President R. G. Mugabe for taking the initial measures to import maize from Zambia directly to parts of Matabeleland North, a bit of Bulawayo and Matabeleland South. I think that is an act of good organisation. I would like to confirm that the first lot of the maize is already arriving to the people and I think that is a good achievement.
However, I understand the amount required for the community is a lot more than the resources provided. I think to treat it in the ordinary context of just saying food relief might not suffice for this case. I would go as far as to suggest that we make an emergency food relief programme that would not be hindered by the normal bureaucracy of all work, otherwise we will bury people and not cry that it is because of drought but that the Government let them die. I think us from ZANUPF will agree that we adopted the policy of caring for the people. Surely if we can feed them at this hour, they will appreciate it.
I would also like to point out that it is not that the people in this constituency are lazy or they cannot produce for themselves but dear comrades and fellow Members, I would like to point out that there has been severe drought for the last two years. There has been no rainfall in the Matabeleland Region. Even the wildlife has been seen dying in the National Parks. These are hard working Zimbabweans and our fellow Zimbabweans just asking for help. A bit of food from now just to see them up to May will do it but we need a special scheme Mr. Speaker Sir. I think that can be called on the level of an emergency to help these people.
Getting on to the issue of water, of course, it is a basic and fundamental human right. I think to deny somebody water is not right. God has denied it to the people of Matabeleland but we as fellow comrades can help. To this end, I am really looking at maybe calling for sustainable means for the provision of water, mainly in the form of dams. We do however have a big dam that would transform the whole of Gwanda area, the Thuli-Manyange Dam which has been on the cards since 1912. In the last 15 years, we have gone on to build nice suburbs for the engineers to start the dam but up to now, there are only houses for the engineers but the dam is not there after many years.
We appeal that may be this time we vote for something to happen to that. This is a total embarrassment that when the people cried for water, we build for them a suburb for the engineers to live in and build the dam but never built the dam. This is the true story of Thuli-Manyage Dam in Gwanda.
Mr. Speaker Sir, I would also like to teach on the issue of health. Health as it is; we have got hungry people with no water, and they have to walk many kilometers to the nearest clinic. That is a recipe for failure and failure in this case means death. We really like to thank the President for setting out the Gwanda Community Share Ownership
Scheme (GCSOS) which is a fund that the mines have congregated to. This has gone a long way and we have built three clinics but many more are needed. I understand the fund is still available and it also has to be disbursed within the local community in Gwanda. I thank the President for setting that and that is one step towards the good things but I think the Central Government can also contribute to the efforts of the Gwanda
Community Share Ownership Scheme.
Thirdly, Gwanda is endowed with minerals and this can be said to most of Matabeleland South. However, these minerals are in the hands of a few people – mainly big companies. We do have a little bit of artisan mining but there are problems with some companies and that is derailing the whole programme of indigenisation by holding on speculative grounds, to claims and mining resources that really belong to the country.
We cannot allow this Mr. Speaker Sir, for people holding on to our resources when our people are starving, when our people have no food! They hold on to these claims in the same area where people are going with no food. I would therefore warn this Government to speed up and facilitate easy access of newcomers into the mining game.
It is also an issue that when we all look at our economy, one of the big players to improve our economy. I think you all admit, is the mining sector. It is preached every time that the mining sector has got a potential to lift our economy very quickly from the programme.
However, this sector has got a lot of corruption, sophisticated corruption that the ordinary layman cannot detect. This ranges from transfer pricing to simply mining the mine to where it will go to a dead end. Above all, there is always a claim that we do not have any money but why will these mines be there for so many centuries when they do not have money? Do you believe it? I do not. They will tell you there is no money.
Some of them are refusing even to pay into the Community Share Schemes that the President designed. I think the President made it very clear that they had to shape up or ship out. I do not know whether that was just a press speech or it is definitely a command. I wish we could put it into a law that these companies either they fit in, shape up or they should ship out.
I would therefore suggest that on the corruption in the mining sector, we do not need the ordinary fraud squad anti-corruption unit. We should set up a special mining anti-corruption unit comprising the people who understand what happens in this game, how this transfer pricing is happening; how these resources are declared finished when the ground is abundant with them. Maybe I would suggest that we make a special anti-corruption mining unit which will work alongside the normal anti-corruption unit to stop this big game.
As long as the mining sector is allowed to take resources out and as long as there is corruption in mining, our political independence is supposed to be realised through economic independence that entails us having a fair share of natural resources. Minerals are our biggest share of natural resources and I believe as long as they are plundered in a corrupt way, I think you have already heard what is happening. It starts with guys bringing money – corruption, when the resources are there, sidemarketing. How much of our minerals are side-marketed and people harvest the money outside and the money does not come back to us? It is on this concern, therefore, that I am calling for a special mining anticorruption unit.
- MUCHENJE: Thank you Mr. Speaker Sir ….
Mr. Speaker having mistakenly identified Mr. Mukwena as Mr.
Muchenje and Mr. Mukwena being advised to take his seat.
- SPEAKER: Order, what is happening? I recognised him and mistakenly, they said he was Muchenje. He, Mukwena is the one that is holding the floor. Hon Mukwena you can continue.
* MR. MUKWENA: Thank you Mr. Speaker Sir, first and foremost, I congratulate you for being elected Speaker of the National Assembly. Secondly, I congratulate all the current members of the National Assembly for having made it as well as the President. I am going to be very brief Mr. Speaker Sir.
In His Excellency the President’s speech, he gave us a very good foundation on what we will be discussing during this session up until 2018. I implore you Mr. Speaker Sir, that as regards the programme that was laid out by the President, if we were to do it in the manner I foresee it as I now go to address the issue of the water problems, it is up to us as honourable members or as Parliament to do what is best to alleviate water shortages constituency by constituency. I think it is appropriate that we come up with teams to go into the constituencies to assess the impact of the shortages of water.
Coming to the issue of health, there are certain areas like resettlement and communal areas where there are no clinics and hospitals. Like the previous speakers have said, people travel about 30 km to access the nearest clinic. Others have to even travel to other districts and not their constituencies to access health facilities. It is our wish that you sit down with the honourable members and come up with a plan where we priorities some of these things.
We go to the issue of roads. Is it not possible that we go constituency by constituency since some of these constituencies are very big because the national budget cannot cascade down to these districts? If possible, there should be a budget based at district level because each constituency has problems that are peculiar to it and one constituency is different from the other.
The second should apply to the Constituency Development Fund
(CDF), that if it were possible Mr. Speaker Sir, it should be given to constituencies in terms of the size and the population in that constituency and the problems that they face. This will aid us in our development. We may have development at national level but if it does not cascade and get all round the country, it is of no use.
In terms of security, I implore that if it were possible Mr. Speaker and this august House, we should come up with water tapping so that we have a lot of water reservoirs. We do have a lot of big rivers and dams. We should have dams and we should have wells so that we can have small scale irrigation schemes. Zimbabwe should not be having a problem of food security but the point is that Zimbabwe has not yet come up with a master plan on how to utilise the water and identifying what the needs are and what can be done in each of these specific areas.
I will then move on to the poverty that we talk about here in Zimbabwe. Zimbabwe is a rich country. What is needed is for us to sit down and come up with committees that address poverty alleviation in
Zimbabwe.
On to the issue of corruption which has become endemic the world over, Zimbabwe included. If it were possible, there should be committees at district, provincial and national level because the committees at national level would not adequately cover this corruption. Each of the structures will feed to the upper structure so that there be forward and backwards transmission of this information, so that they can be able to know what is being done in each of these areas. People who are corrupt cannot be arrested because there is only one national committee.
We need these committees at district and provincial level. This enables the commission to remain visible in all these areas at district and provincial level. In our constituencies especially in my constituency of Chiredzi North, I believe it is the biggest constituency in Zimbabwe. It has the highest population in Zimbabwe and we have a lot of problems because during the Seventh Parliament we did not get any meaningful development.
There are problems of hunger and drought and people in that area are into cattle and cotton farming and there is a menace of wild animals. If it were possible, we want that there be food security which can only be achieved by the farmers that are there. If we are to look into the information, we are one of the best areas with farmers or we have the best farmers in the land but we face the menace of wild animals. These wild animals should be contained so that the farmers can live in harmony and be able to reap what they would have sowed. I thank you Mr. Speaker Sir.
- F. MUCHENJE: Thank you Mr. Speaker Sir. I would want
to join other hon. members of this august House in congratulating His Excellency on his election as the President of our country. I would also want to congratulate you on your election as our Speaker of this august House.
Mr. Speaker Sir, I would want to give reference to the speech by
His Excellency, specifically on agricultural and manufacturing sectors.
Scores of economists and business analysts have virtually run out of superlatives to describe the importance of these sectors but still the gap remains. I would want to define this gap. That is the difference between what things are right now and what they should be.
Mr. Speaker Sir, though these resuscitation plans are noble and principle, they can only be appreciated if they are implemented. So, in view of such a gap, I would want to suggest that some monitoring mechanisms be implemented so as to enforce, expedite and regulate these programmes to ensure that these groupings attain their desired results.
My Constituency, which is Makoni North, has observed with some concern on how these noble policies have fallen short on the implementation. Their wish is to see such programmes being extracted from both the electronic and print media and be placed right on their doorsteps. My Constituency, Mr. Speaker Sir shall always be a nagging client to the transport and infrastructural development. We have a cluster of rugged terrain masquerading as roads but the tragedy is that my Constituency provides a strategic link to three vital border posts.
So, its kind status right now is not compatible to its expected status. The transport operators have since shunned my Constituency and only those who charge exorbitant fares, may be as punishment for our rugged terrain are only available. It is in this vein that I can safely say we shall be grateful if our roads are rehabilitated because that would instill some confidence in our people.
Mr. Speaker Sir, may I conclude by saying that if these noble policies are not implemented, then it can all be described as a tragedy of good intentions. I thank you – [HON. MEMBERS: Hear, hear].
THE MINISTER OF STATE FOR PRESIDENTIAL
AFFAIRS IN THE PRESIDENT’S OFFICE (MR. MUTASA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 25th September, 2013.
On the motion of THE MINISTER OF STATE FOR
PRESIDENTIAL AFFAIRS IN THE PRESIDENT’S OFFICE (MR.
MUTASA), the House adjourned at Three Minutes Past Four o’clock p.m.
A t215225 25/6/13
PARLIAMENT OF ZIMBABWE
Tuesday, 25th June, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENT BY MR. SPEAKER
DEATH OF HON. EDWARD TAKARUZA CHINDORI-CHININGA
- SPEAKER: I have to inform the House of the death of Hon. Edward Takaruza Chindori Chininga, Member of Parliament for Guruve
South Constituency on Wednesday, 19th June, 2013. I invite all hon. members to rise and observe a minute of silence in respect of the late hon. member.
All hon. members stood in silence.
SECOND READING
ELECTRICITY AMENDMENT BILL (H.B. 3, 2013)
Second Order read: Adjourned debate on the Second Reading of the Electricity Amendment Bill.
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT: Thank you Mr. Speaker. The motion is the amendment to the Electricity Act.
1. INTRODUCTION
1.1 The passing of the Electricity Act [Chapter 13:19] in 2002 introduced the electricity sector regulation and paved way for the participation of private players in the sector.
1.2 While Government has invested major effort towards attracting private investment into the sector, particularly in power generation, no significant investment has been achieved. Apart from the unfavourable macro-economic conditions, failure to attract investment has been attributed to lack of a conducive regulatory environment and amenable electricity sector structure.
1.3 The Zimbabwe Energy Regulatory Authority (ZERA) is now in place following the enactment of the Energy Regulatory Authority Act [Chapter 13:23] in August 2011.
1.4 There is need to separate the electricity transmission and distribution business in order to create an electricity bulk supply market that will facilitate and support Independent Power Producer (IPP) investments. The separation of business will also allow privatisation of the distribution function and consequent improvement in service delivery.
1.5 The objective of this amendment is to proffer a power sector restructuring solution that will enhance the investment environment and improve service delivery across the sector.
1.6 The proposed restructuring process is in line with the National Energy Policy Implementation strategy.
2. CURRENT STRUCTURE OF POWER SECTOR
2.1 Players
Power Sector Regulation
The Zimbabwe Energy Regulatory Authority regulates the sector to ensure that a socially acceptable balance is achieved between the interests of the electricity industry companies and electricity consumers.
ZERA is responsible for licensing of all players in the electricity/energy sector.
2.1.2 Power Generation
- The Zimbabwe Power Company is the major player operating power stations throughout the country with a total installed capacity of 1 960MW. ZPC is currently developing projects with capacity to add 930MW of electricity at Hwange, Kariba and Gairezi.
- Sugar and ethanol producers in co-generation, namely Triangle
(45MW), Hippo Valley (33MW) and Chisumbanje (18MW)
generate electricity for their own use and sell any excess to the grid.
- A number of Independent Power Producers (IPPs) have been licensed; Nyamingura (1MW) and Duru (2MW) are currently operational. ZERA has licenced IPPs with total capacity exceeding 5000 MW. However, most of the projects are still at development stage.
2.1.3 Power Transmission
- Only ZETDC is responsible for electricity transmission in Zimbabwe.
- ZETDC is also responsible for systems operation, i.e. operating the grid system to ensure power supply and demand is balanced for the overall safe operation of the system.
- The company is also the sole buyer of electricity, purchasing electricity from local suppliers as well as importing some electricity from the Southern African Power Pool (SAPP). ZETDC
is also the only seller of electricity to local consumers and exporter of electricity to SAPP members.
2.1.4 Power Distribution and Retail
ZETDC is also responsible for operating the distribution network and revenue collection.
2.2 Functions of Players in the Power Sector
The following are the functions performed by the players in the Power Sector.
2.2.1 Sector Regulation
2.2.2 Power Generation
2.2.3 System Operation - this involves dispatch of internal power generators and imported power to meet demand and controlling all electricity flow so as to maintain stability in the power system. Power unlike water, you cannot generate it and store it. You must generate and use, otherwise if there is an imbalance in the system, there will be faults.
2.2.4 Market Operation – This is the administration of electricity trading arrangements. The Market Operator also facilitates trading arrangements with regional countries in the Southern African Power Pool (SAPP).
2.2.5 Transmission network service provision
2.2.6 Distribution network service provision
2.2.7 Electricity Supply – this involves providing electricity to the final end-user, issuing bills and collecting revenue.
- Apart from power generation, the rest of the functions are performed by ZETDC. However, in a system where there is to be competition in generation, the system operator has to be fully independent of the players in the generation segment of the market.
ZETDC and ZPC are both ZESA Holdings subsidiaries.
- In mature electricity markets, the above functions are performed by different licensed players. The Electricity Act provides for a
mature market thus allowing the power sector structure to evolve to a fully competitive market on a progressive basis in phases.
- JUSTIFICATION FOR RESTRUCTURING THE POWER
SECTOR
The first is fulfilling the initial objectives of the electricity
Sector Reform
3.1 The objectives of the electricity reform were to:-
- Remove the ZESA monopoly and increase generation capacity,
- Increase access to available electricity,
- Improve overall efficiency of service delivery through attracting private sector participation and
- Establishing regulation of the sector.
3.2 The reform saw the establishment of the Regulator. However, the electricity market structure has not developed to a competitive market.
- The market structure is a single buyer model where competition is only in power generation in which ZPC is currently a natural monopoly due to lack of new investments by other players.
- ZETDC is the single buyer responsible for purchasing power and selling to all customers as well as exporting power. All power producers have Power Purchase Agreements with ZETDC.
3.3 There is need to move to a fully competitive market where there is competition in both power generation and supply.
Creating a conducive environment for Investment
3.4 The sector is dominated by ZESA Holdings companies (ZPC and ZETDC) who perform all the functions resulting in other players doubting fairness in services offered by ZETDC. There is need to separate the functions of players in the power sector; particularly, system and market operations to improve investor confidence.
3.5 Restructuring of the power sector will allow it to benefit from the credit-worthiness of large customers who can be counter-parties to IPP as off-takers or direct investors.
3.6 The restructuring will allow participation by the private sector in electricity supply. Participants will have open access to transmission and distribution networks.
- ZERA, the sector regulator;
- Zimbabwe Power Company and Independent Power
producers will do power generation;
- The National Grid Services Company will do systems operation, market operation and systems development planning. This will also do the transmission. This company will not be privatised because it provides the main way of the electricity sector.
Improving Efficiency in Service Delivery
3.7 Separating Transmission from distribution and the supply businesses will streamline the activities of each business and enhance service delivery.
3.8 Private sector participation in electricity supply in other countries has generally resulted in improvements in service delivery and revenue collection thereby attracting investment as investors are assured of returns.
4. PROPOSED POWER SECTOR STRUCTURE
The proposed structure, when fully functional, is envisaged to enable the creation of a fully competitive electricity market where the industry participants take different functions as follows:
- ZERA – Sector regulation
- ZPC and IPPs – Power generation
- National Grid Services Company (NGSC) – System Operation, Market Operation and System Development Planning. The company will be state owned and not eligible for privatisation.
- Zimbabwe Electricity Distribution Company (ZETDC) and others – Electricity distribution network service and electricity supply.
5. RESTRUCTURING PROCESS
Due to the dominance of ZESA Holdings and its subsidiaries in the
Zimbabwe Power Sector, this restructuring exercise will only affect ZESA Holdings and ZETDC. It is proposed to implement the restructuring process as follows:
Dismantiling ZESA Holdings and re-organising ZETDC
- Currently ZESA Holdings holds shares in addition to operating subsidiary companies.
- ZESA Holdings is dissolved, the NGSC is formed.
- ZETDC is unbundled and its transmission functions are transferred to NGSC while the distribution functions remain in Zimbabwe Electricity distribution Company (ZETDC).
6. CONCLUSION
Mr. Speaker Sir, I now move that the House approves the proposed amendments and that the Bill be now read a second time.
Motion put and agreed to.
Bill read a second time.
COMMITTEE STAGE
ELECTRICITY AMENDMENT BILL (H. B. 3, 2013)
House in Committee.
Clauses 1 and 2 put and agreed to.
House resumed:
Bill reported without amendments.
Third Reading: With leave, forthwith.
THIRD READING
ELECTRICITY AMENDMENT BILL (H. B. 3, 2013)
THE MINISTER OF ENERGY AND POWER
DEVELOPMENT: Mr. Speaker Sir, I move that the Bill be now read
the third time.
Motion put and agreed to.
Bill read the third time.
SECOND READING
INCOME TAX AMENDMENT BILL (H.B.5, 2012)
Second Order read: Adjourned debate on the Second Reading of the Income Tax Amendment Bill.
THE MINISTER OF FINANCE (MR BITI): I move that the
Bill be now read a Second time.
Motion put and agreed.
Bill read a second time.
Committee: With leave, forthwith.
COMMITTEE STAGE
INCOME TAX AMENDMENT BILL (H.B.5, 2012)
House in Committee.
Clause 1 put and agreed to.
On Clause 2
THE MINISTER OF FINANCE (MR BITI): I move the amendment in my name.
On page 12 of the Bill, in Sub-clause (1) delete the definition of
“depreciable property” lines 45 to 47).
On pages 12 and 13 of the Bill, in Sub-clause (1) delete the definitions of “double taxation agreement” (lines 7-8) “employee” (lines 10 and 11) substitute the following definitions:
“double taxation agreement” means an agreement in force of section 89 or the equivalent provision in any previous law;
“employees” means an individual to whom employment income is paid or payable at an annual rate that is more than the amount specified in Section 14(2)(a)(i) of the Finance Act [Chapter 23:04]in respect of the year of assessment concerned; “employer”
- means any person (excluding any person not acting as a principal or any person or class of persons specified by the Commissioner, but including any person acting in a fiduciary capacity or in his or her capacity as a trustee of an insolvent or deceased estate or an administrator of a benefit fund, pension fund, provident fund, retirement annuity fund or any other fund) who pays or is liable to pay to any employee any amount by way of employment income, and any person responsible for the payment of any amount by way of employment income to any employee under any law or out of public funds (including the funds of any statutory corporation or undertaking of the State) or out of money appropriated by an Act of Parliament; and
- includes a representative or associate of the employer;”
On page 13 of the Bill, in sub clause (1) delete paragraph (f) (lines
34-46) of the definition of “financial institution” and renumber the following paragraphs (g), (h), (i), and (j) as paragraphs (f), (g), (h) and (i).
On page 14 of the Bill, in sub-clause (1) delete the definition of “gross income” (lines 5 to 9).
On page 14 of the Bill, in sub-clause (1) delete from the definition of “investment property” paragraph (c) on lines 41 and 42. On page 14 of the Bill, in sub-clause (1), insert the following definition after the definition of “investment property” ending on line 42:
“LIBOR” means the London Interbank Offered Rate;”
On page 15 of the Bill, in sub-clause 1, insert the following definition after the definition of “mining location” ending on line 30:
“mining operations’ means
- any operations for the purpose of winning a mineral from the earth; or
- any operations for the purpose of winning a mineral from any substance or constituent of the earth which are carried on in conjunction with operations referred to in paragraph (a) by the person carrying on those operations; and
- such operation for the purpose of winning a mineral from any substance or constituent of the earth which are not carried on in conjunction with operations referred to in paragraph (a) or by a person carrying on those operations as the Commissioner may determine to be mining operations for the purposes of this Act; and ‘mine”, whether used as a noun or a verb, shall be construed accordingly;”
On page 15 of the Bill, in sub-clause (1) delete the definition of
“notice of assessment” (lines 24 to 26).
On page 15 of the Bill, in sub clause (1) delete on line 28 to 33, delete the definition of “passenger motor vehicle” substitute the following
“passenger motor vehicle” means any motor vehicle propelled by mechanical or electrical power and intended or adapted for use or capable of being used on roads mainly for the conveyance of passengers, including an estate car, station wagon, van or similar vehicle but excluding any vehicle
- which is used wholly or almost wholly
- for the conveyance of passengers for gain; or ii) by a person operating a hotel for the conveyance of guests or
- which has seating accommodation for fifteen or more passengers, excluding the driver of the vehicle; or
- which was purchased by the taxpayer for the purpose of being leased to a particular person and has been so leased and where the taxpayer-
- will not be entitled to the return of the vehicle at the expiry of the period of the lease; and
- has given or is required to give an option to purchase or
other right in relation to the acquisition or disposal of the vehicle to the lessee or any other person’.
On page 15 of the Bill, in sub-clause (1) delete on lines 43 to
49 the definition of “person’ and substitute the following;
“person” includes a company, body of persons corporate or unincorporated (not being a partnership), local or like authority, deceased or insolvent estate and, in relation to income the subject of a trust to which no beneficiary is entitled, the trust,”
On page 17 of the Bill, in sub clause (1), insert the following definition of “presumptive tax”, on line 1.
“previous law” means the income Tax Act [Chapter 23:06], or the
Income Tax Act, 1954 (No. 16 of 1954), or a law repealed by that Act;” On page 17 of the Bill, in sub-clause (1) delete on lines 3 to 12 the definition of “securities” and substitute the following:
“securities” means-
- stocks or securities, including bonds and Treasury bills, issued by any government, local authority or statutory corporation or any similar authority or body, whether situated inside or outside
Zimbabwe; and
- debentures or debenture bonds; and
- mortgages or notarial bonds; and
- loans or deposits; and
- shares issued by a building society; and
- stocks or shares issued by a company; and for the purposes of the First Schedule includes any other stocks or shares and rights in immovable property;
On page 17 of the Bill, in sub-clause (1) insert at the end of the definition of “special mining lease operations” on line 18 the words, “and the phrases “special mining lease”, “special mining lease agreement’ and “special mining lease area” shall be construed accordingly”.
On page 18 of the Bill, in sub-clause (1), in definition of “trust income to which no beneficiary is entitled”, delete “and” on lines 10 and 12 substitute “or” in both cases.
Amendment to Clause 2, put and agreed to.
Clause 2 as amended, put and agreed to.
Clauses 3 to 16 put and agreed to.
On Clause 17:
THE MINISTER OF FINANCE (MR BITI): I move the
amendment standing in my name; that.
On page 23 of the Bill, delete Clause 17 on lines 38 to 40 and substitute the following clause;
“17 Taxable Income of non-resident taxpayer”
The taxable income of a non-resident taxpayer for a year of assessment shall be
- all payment accruing to the taxpayer from which tax is required to be withheld under Part III; and
- all other income regarded as accruing from a source in Zimbabwe in terms of Section 88 less any deductions allowed under this Act”.
Amendment to Clause 17, put and agreed to.
Clause 17 as amended, put and agreed to.
Clause 18 – 22 put and agreed to.
On Clause 23:
THE MINISTER OF FINANCE (MR. BITI): I move the
proposed amendment standing in my name to deal with employment income and here we are simply providing for the situation where the employee is offered shares by the employer. We are simply clarifying that the special formula in respect of which the income upon disposal of that share is calculated. In the past, it used to be a Capital Gains Tax. We have repealed the Capital Gains Tax and treat it as business income but for employees who are getting shares; this provision is dealing with that provision.
On page 26 of the Bill, in subclause (1) delete paragraph (m) on lines 35 to 48 and substitute the following:
“(m) where the employee is offered shares in a company that is the employer or an associate of the employer, the amounts calculated in accordance with paragraph 3 (“Calculation of gain arising from disposal of shares held by employees under share option scheme”) of the Fourth
Schedule;”.
On page 27 of the Bill, in subclause (2) delete paragraph (c) the words “ten per centum” and substitute “five per centum plus LIBOR”.
On page 27 of the Bill, in subclause (2) delete paragraph (d) (lines 12-14) and renumber the following paragraphs (e), (f) and (g) as paragraphs (d), (e) and (f).
Amendment to clause 23, put and agreed to.
On clause 24:
THE MINISTER OF FINANCE (MR. BITI): That is just a minor amendment on Business Income. I move the amendment standing in my name that on page 28 of the Bill, in sub clause (2) delete from paragraph (g) the words “belonging to a taxpayer” (on line 13) and substitute “of a tax payer”.
Clause 24 as amended put and agreed to.
Clauses 25 – 30 and 32 - 35 put and agreed to.
On Clause 31:
THE MINISTER OF FINANCE (MR. BITI): Madam Chair, I
want to clarify on Clause 31. The reason why I am doing that is that when the Committee on Budget Chaired by Hon. Zhanda and the others like Hon. Cross and Hon. Chinyadza consulted, there were a lot of representations on Clause 31 and it deals with deduction allowances from the business. What the industry is afraid of is the Provision of
Section 31(1) (a) which reads, “all expenditure and losses incurred in the production of income during that year of the assessment, other than such expenditure and losses which this Act expressly disallows for the purposes of deduction.”
Now, there is an over exaggerated outcry on this provision for fear that some things that are normally not allowed as tax expenditure or as deductable expenditure in the profit and loss account are not going to be allowed by the Commission.
I wish to allay the tax experts that we seek not to create any different precedence. In other words, everything that is allowed now will be allowed on the basis of precedence. I knew that the comments I am making here are relevant in statutory interpretation.
Whatever court that interprets Section 31(1) (a) will be bound by the precedence. I want to refer Madam Chair, to two cases that, dealing in South Africa, interpreted a similar Clause.
In XYZ Holdings vs The Commissioner for the South African Revenue Services [Tax Court of South Africa] [2010] Case No. 12041, there was a dispute. The Commissioner had disallowed audit fees and the judgment held that the auditing of financial expenditure incurred is not unnecessarily attached to the performance of the uttermost intervening operations. This is just illustrating Madam Chair that the fees that are off there are not justified. I also want to refer to the case of
Port Elizabeth Trucking Company Ltd vs CIR 1936 [Cape of Provincial Division] 241 page 46 where it was judged that the expenses are attached to the performance of the incorporation if they are bona fide. So the key word there is bona fide. It means if you are going to buy your small house chicken slice, it is not allowed, but if it is a bona fide thing and all expenses are attached to the performance of the business operations for the purpose of earning income, are deductable expenses and such expenses are necessary.
So I thought I have to allay those fears. I thank you very much.
Amendment to clause 31 put and agreed to.
Clauses 36 – 43 put and agreed to.
On Clause 44:
THE MINISTER OF FINANCE (MR. BITI): This is another
one which caused a lot of controversy when we parked the Bill for consultations. We have received a lot of consultations on this Bill. This provision is dealing with taxation of mining companies. The current law is that when a mining company incurs losses those losses are carried out ad infinitum so you can continue carrying over the losses. So what we had sought in this Bill is to limit the period in respect of which you can carry over losses to 6 years which is what we are doing for every other industry.
The reason why we have thought of doing that is because of the creative accounting that you find in some mining houses but on representations and considering the limping state of our mining sector, we have agreed to revert back to the current law where the losses can be carried over ad infinitum. I want to say Madam Chair, it is one of the concessions that I said I will make when I addressed the Budget Committee. So, with those few remarks Madam Chair, I move the amendment standing in my name that:
On page 36 of the Bill, delete sub-clauses (4) and (5) on lines 36 to
44 inclusive and substitute the following sub-clauses:
“(4) Except in the case of an assessed loss or any7 part thereof arising from mining operations, no part of an assessed loss that was incurred more than six years before the current year of assessment shall be carried forward under subsection (1).
(5) No assessed loss attributable to business operations carried on by a taxpayer shall be allowable as a deduction from income received by or accruing to him or her under a contract of employment.”
Amendment to clause 44 put and agreed to.
Clause 44 as amended, put and agreed to.
THE MINISTER OF FINANCE (MR. BITI): I move the amendment in my name that:
On page 36 of the Bill, delete sub-clauses (4) and (5) on lines 36 to 44 inclusive and substitute the following sub clauses:
- Except in the case of an assessed loss or any part thereof arising from mining operations, no part of an assessed loss that was incurred more than six years before the current year of assessment shall be carried forward under subsection (1).
- No assessed loss attributable to business operations carried on by a taxpayer shall be allowable as a deduction from income received by or accruing to him or her under a contract of employment.
Amendment to Clause 44, put and agreed to.
Clause 44 as amended, put and agreed to.
Clauses 45 to 47 put and agreed to.
On Clause 48:
THE MINISTER OF FINANCE (MR. BITI): We received
representation on this and we are making concessions. I do not want to bother you about the technicalities save that Hon. Chinyadza and team will be very pleased about it and of course the capitalist out there.
So, I move the amendment in my name that:
On pages 37 and 38 of the Bill, delete subclause (2) on lines 39 to 44 of page 37 and on lines 1 to 6 of page 38, and substitute:
“(2) No deduction is allowed for any expenditure on general administration and management in favour of which the taxpayer is a subsidiary, branch or holding company or (where the company is a foreign company) the local branch, where the expenditure exceeds-
- nought comma seven five per centum of the amount obtained by applying the formula set out in paragraph 5 (“calculation of maximum amount deductible by company for general administration and management”) of the Fourth Schedule
(“Miscellaneous Calculations”). Where the expenditure was incurred before the taxpayer commenced business or produced income or during any period of non-production;
- one per centum of the amount obtained by applying the formula set out in the paragraph 5 of the Fourth Schedule, where the expenditure was incurred after the taxpayer commenced business or produced income.”
Amendment to Clause 48, put and agreed to.
Clause 48 as amended, put and agreed to.
On Clause 49:
THE MINISTER OF FINANCE (MR. BITI): I move the minor amendment in my name that:
On page 38 of the Bill, delete paragraph (k) on lines 32 to 34 and substitute the following paragraph:
“(k) any expenditure incurred in the production of income consisting of interest payable by-
- any bank, discount house or finance house registered or
required to be registered in terms of the Banking Act
[Chapter 24:20]; or
- any building society registered or required to be
registered in terms of the Building Societies Act
[Chapter 24:02];
In respect of any loan to or deposit with that bank, discount house, finance house or building society.” Amendment to Clause 49, put and agreed to.
Clause 49 as amended, put and agreed to.
Clauses 50 to 60 put and agreed to.
On Clause 61:
THE MINISTER OF FINANCE (MR. BITI): Madam Chair, I
move the amendment in my name. It is a very important amendment but it is self explanatory that:
On page 42 of the Bill, in subclause (2)(a), delete from line 15 “or doubtful”.
Amendment to Clause 61, put and agreed to.
Clause 61 as amended, put and agreed to.
Clause 62 put and agreed to.
On Clause 63:
THE MINISTER OF FINANCE (MR. BITI): The issue of
valuation of benefits in kind was another one which received representations, which we have conceded and I therefore move the amendment in my name that:
On page 42 of the Bill, in subclause (1), delete from line 37 the words “For the purposes of this Act,” and substitute “Except to the extent provided in the Fourth Schedule, for the purposes of this Act”.
On page 42 of the Bill, in sub clause (2), delete from line 39 words
“The market value of a benefit in kind” and substitute “Except to the extent provided in the Fourth Schedule, the market value of a benefit in kind”.
Amendment to Clause 63, put and agreed to.
Clause 63 as amended, put and agreed to.
Clauses 64 to 66 put and agreed to.
On Clause 67:
THE MINISTER OF FINANCE (MR. BITI): What we are
seeking to do here is that we are seeking the reference to death in that section so that taxation of death remains covered under the Estate Duty
Act. Again, it is an area that we received representations. I thank you Madam Chair after moving that the amendment be adopted that:
On page 43 of the Bill, in the definition of “disposal” in subclause (1), delete from paragraph (b) of that definition the words “or at death” in line 37.
Amendment to Clause 67, put and agreed to.
Clause 67 as amended, put and agreed to.
Clauses 68 to 69 put and agreed to.
On Clause 70:
THE MINISTER OF FINANCE (MR. BITI): This is just
clarifying the method of converting balances from the 1st of January, 2009 when we dollarized. So, I move the amendment standing in my name that:
On page 45 of the Bill, insert the following subclause after subclause (8) ending on line 25:
“(9) The cost base of a business property acquired on or before the 1st January, 2009, shall be the amount resulting from the conversion of the Zimbabwe dollar equivalent of the business property to its United
States equivalent as calculated in accordance with the “Provisional
General Ruling on Conversion of Closing Balances for Tax Purposes” published under the Revenue Authority Act in General Notice 274 of
2010;”
Amendment to Clause 70, put and agreed to.
Clause 70 as amended, put and agreed to.
Clauses 71 to 72 put and agreed to.
On Clause 73:
THE MINISTER OF FINANCE (MR. BITI): This is just
replacing old terminology to move with the simplification that we are trying to do. So with that clarification, I move the amendment in my name that:
On page 46 of the Bill, in sub clause (3)(a), delete from line 17
“written down value” and substitute “income tax value”.
Amendment to Clause 73, put and agreed to.
Clause 73 as amended, put and agreed to.
Clauses 74 to 91 put and agreed to.
On Clause 92:
THE MINISTER OF FINANCE (MR. BITI): Madam Chair
that is just a minor amendment which is simply correcting the referencing of the Clause. So, I move the amendment standing in my name that:
On page 54 of the Bill, in subclause (1), delete from line 44
“section 89 (2)” and substitute “section 91(2)”.
Amendment to Clause 92, put and agreed to.
Clause 92 as amended, put and agreed to.
Clause 93 put and agreed to.
On Clause 94:
THE MINISTER OF FINANCE (MR. BITI): This is an
important amendment even though it appears so innocuous. What we are simply trying to do there is to provide a clause which prevents income splitting by other taxpayers other than individuals. So, for individuals it is fine but, once corporates start doing it, there is room for evasion and avoidance and that is all that we are seeking to do there.
I therefore move the amendment standing in my name that:
On page 55 of the Bill, insert the following subclause after subclause (3) ending on line 29:
“(4) Section 75 (“Income splitting” applied to a taxpayer other than an individual which attempts to split income with an associate.”.
Amendment to Clause 94, put and agreed to.
Clause 94 as amended, put and agreed to.
Clauses 95 to 110 put and agreed to.
On Clause 111:
THE MINISTER OF FINANCE (MR. BITI): Vision for self assessment is very important because we have to trust some taxpayers but what we are simply doing there in Clause 111, is again correcting an error in referencing sections talking to the other. I move the amendment that:
On page 64 of the Bill, in subclause (5), delete from line 21 “Part
I” and substitute “sections 106 and 113”.
Amendment to Clause 111, put and agreed to.
Clause 111 as amended, put and agreed to.
Clauses 112 to 115 put and agreed to.
On Clause 116:
THE MINISTER OF FINANCE (MR. BITI): I move for the
amendment on Clause 116A, which is inserting a new provision to provide for tax adjustments in relation to transition from the current Act. That is basically a transitional provision. I move the amendment in my name that:
On page 66 of the Bill, insert in Part III (“Amended Assessments”) of Chapter X (“Returns and Assessments”) after clause 116 ending on line 30 the following new clause:
“116A Adjustment of tax, etc., payable in pursuance of assessments made before date of commencement of charging Act relating to a year or period of assessment
- The tax with which a person is chargeable in pursuance of an assessment which is made in respect of a year or period of assessment before the date of commencement of the charging Act relating to that year or period shall be calculated as if the last enacted charging Act were the charging Act relating to that year or period.
- After the date of commencement of the charging Act relating to a year or period of assessment, the Commissioner shall adjust the tax with which a person is charged or the tax paid by a person in pursuance of an assessment referred to in subsection (1) if an adjustment is required by reason of the making of provision in that Act which is different from that made in the charging Act by reference to the provisions of which the tax so charged or paid was calculated.
- On an adjustment made in terms of subsection (2), any
amount over or short paid shall be refundable to or recoverable from the taxpayer.
- Notwithstanding subsection (2), the Commissioner shall not make an adjustment such as is referred to in that subsection if the Commissioner is of the opinion that an adjustment would be impracticable or cause undue delay in winding up the affairs of a trust”.
Amendment to Clause 116 as amended, put and agreed to. Clause 116 as amended, put and agreed to Clauses 117 to 137 put and agreed to.
On Clause 138:
THE MINISTER OF FINANCE (MR. BITI): The amendment
we seek in Clause 138, provides for tax credit where taxes withheld and also, for payment dates when withheld tax should be remitted to the Commissioner. It is a very important provision and I move the amendments in my name that;
On page 74 of the Bill in subclause (1), insert in the definition of “fees” the following paragraphs after paragraph (d) ending on line 44:
“or
- any project which is specified for the purposes of this subparagraph by the Minister by notice in a Statutory Instrument; or
- any project which is the subject of any agreement entered into by the Government of Zimbabwe with any other government or international organisation in terms of which any person is entitled to exemption from tax in respect of such amount.”
On page 75 of the Bill, in subclause (2), delete from lines 4 and 5 the words “on or before the tenth day of the month following that in which the payment or remittance, as the case may be, was made” and substitute “within ten days of the date of the making of the payment or remittance, as the case may be”.
On page 75 of the Bill, insert the following subclauses after subclauses (3) ending on line 8:
“(4) If any person who is not ordinarily resident in Zimbabwe and to whom fees have accrued during the year of assessment proves to the satisfaction of the Commissioner that non-residents’ tax on fees has in terms of the Schedule been withheld and paid from such fees, such nonresidents’ tax on fees shall, subject to subsection (2), be allowed as a credit against income tax chargeable in terms of this Act in respect of those fees and the income tax so chargeable shall be reduced accordingly.
(5) Any reduction granted in terms of subsection (4) shall be subject to the provisions set out in this subsection –
- A reduction in income tax shall not exceed an amount arrived at by applying the following formula -
A – B
in which –
- represents the income tax which would have been payable in terms of this Act had no reduction been granted in respect of fees from which non-residents’ tax on fees has been withheld
and paid;
- represents the income tax which would have been payable had the fees from which non-residents’ tax on fees has been
withheld not been included in taxable income;
- the total deduction to be allowed to any person for any year of assessment shall not exceed the total income tax chargeable in terms of this Act in respect of that year of assessment.”.
Amendment to Clause 138, put and agreed to.
Clause 138 as amended put and agreed to.
On Clause 139:
THE MINISTER OF FINANCE (MR. BITI): I move the amendment standing in my name that:
On page 75 of the Bill, in subclause (1), delete from lines 12 and
13 the words “on or before the tenth day of the month following that in which the amount was paid” and substitute “within ten days of the date of payment”.
Amendment to Clause 139, put and agreed to.
Clause 139 as amended, put and agreed to.
On Clause 140:
THE MINISTER OF FINANCE (MR. BITI): This is a very important amendment. The current law is that if someone loans money to Zimbabwe and the money earns interest, we do not tax that interest. In the Bill, we had, perhaps unwisely, tried to tax the interest. If we do that, then it means we will not have a lot of people wanting to lend money to Zimbabwe when their interest is going to be taxed. It is one of the recommendations that came from the Committee. We have accepted that and we are going to allow the retention of the current status quo where we do not tax interest due to non-resident persons on amounts advanced to Zimbabwe. I therefore move the amendments in my name that;
On page 75 of the Bill, in subclause (1), in the definition of
“interest”, insert the following subparagraph delete subparagraph (iv) of paragraph (b) on line 37 and substitute the following subparagraphs:
(iv) interest paid to a non-resident person; or (v) interest as may be prescribed.”.
On page 75 of the Bill, in subclause (2), delete from lines 39 and
40 the words “on or before the tenth day of the month following that in which the payment was made” and substitute “within ten days of the date when the payment was made”.
Amendment to Clause 140, put and agreed to.
Clause 140 as amended, put and agreed to.
On Clause 141:
THE MINISTER OF FINANCE (MR. BITI): Again, an
important amendment but this time we are now dealing with royalties. This amendment seeks to provide for some tax credit where tax is withheld and also providing for the payment date of such taxes. I therefore move the amendment in my name that;
On page 76 of the Bill, in subclause (1), delete from lines 4 and 5 the words “on or before the tenth day of the month following that in which the amount was paid” and substitute “within ten days of the date of payment”.
On page 76 of the Bill, insert the following subclauses after subclause (2) ending on line 8:
“(3) If any person who is not ordinarily resident in Zimbabwe and to whom royalties have accrued during the year of assessment proves to the satisfaction of the Commissioner that non-residents’ tax on royalties has in terms of this section been withheld and paid from such royalties, such non-residents’ tax on royalties shall, subject to subsection (4), be allowed as a credit against income tax chargeable in terms of this Act in respect of those royalties and the income tax so chargeable shall be reduced accordingly.
(4) Any reduction granted in terms of subsection (3) shall be subject to the provisions set out in this subsection –
- a reduction in income tax shall not exceed an amount arrived at by applying the following formula –
A – B
in which –
- represents the income tax that would have been payable in terms of this Act had no reduction been granted in respect of royalties from which non-residents’ tax on royalties has been
withheld and paid;
- represents the income tax that would have been payable had the royalties from which non-residents’ tax on royalties has been withheld not been included in taxable income;
- the total deduction to be allowed to any person for any year of assessment shall not exceed the total income tax chargeable in terms of this Act in respect of that year of assessment.”.
Amendment to Clause 141, put and agreed to.
Clause 141 as amended, put and agreed to.
Clause 142, put and agreed to.
On Clause 143:
THE MINISTER OF FINANCE (MR. BITI): Similar with the
last two provisions, this is also providing tax credit and the payment date but this time, in respect with insurance commission tax. The other two amendments were for tax on royalties and tax on interest. I move the amendment that;
On page 77 of the Bill, insert the following subclause after subclause (3) ending on line 24:
“(4) If any freelance agent proves to the satisfaction of the Commissioner-General that tax has been withheld from his or her commission in terms of this section during the year of assessment and paid in accordance with this section, such tax shall be allowed as a credit against income tax chargeable in terms of this Act in respect of that commission, and the income tax so chargeable shall be reduced accordingly and any excess refunded.”.
Amendment to Clause 143, put and agreed to.
Clause 143 as amended, put and agreed to.
On Clause 144:
THE MINISTER OF FINANCE (MR. BITI): Further bonus to
the rich, we are providing for tax credit where tax has been withheld and we are also providing for the dates of the payment of the tax. I therefore move the amendments in my name that:
On page 77 of the Bill, in subclause (2), delete from line 32 the words “on or before the tenth day of the month following that in which the payment was made” and substitute “within ten days of the date of when the payment was made”.
On page 77 of the Bill, insert the following subclause after subclause (4) ending on line 44:
“(5) If any non-executive director proves to the satisfaction of the Commissioner-General that tax has been withheld from his or her fees in terms of this section during the year of assessment and paid in accordance with this section, such tax shall be allowed as a credit against income tax chargeable in terms of this Act in respect of those fees, and the income tax so chargeable shall be reduced accordingly and any excess refunded.”.
Amendment to Clause 144, put and agreed to.
Clause 144 as amended, put and agreed to.
Clause 145, put and agreed to.
On Clause 146:
THE MINISTER OF FINANCE (MR. BITI): We are simply
correcting the heading of the clause and also inserting some words. We are dealing with some omissions that had been made. This is largely editorial and I move the amendments in my name;
On page 78 of the Bill, delete the heading to clause 146 on line 43 and substitute “146 Money transfer tax and automated financial transactions tax”:
On page 79 of the Bill, in subclause (1) delete on lines 4 and 5 the definition of financial institution” and substitute the following:
““financial institution” means any entity referred to in paragraph
(a) to (i) of the definition of that term in section 2(1);”.
On page 79 of the Bill, insert the following subclauses after subclause (6) ending on line 31:
“(7) Whenever a customer of a financial institution –
- withdraws cash from his or her account with the institution;
or
- effects any debit on his or her account with the institution; by means of automated teller machine, the financial institution concerned shall pay to the Commissioner an automated financial transactions tax on each such transaction.
(8) Automated financial transactions tax shall be paid in terms of subsection (7) not later than the tenth day of the month following the month in which the transaction in respect of which the tax is payable was effected:
Provided that the Commissioner may for good cause allow the tax to be paid within a further time.”
Amendment to Clause 146, put and agreed to.
Clause 146 as amended, put and agreed to.
On Clause 147:
THE MINISTER OF FINANCE (MR. BITI): This is again
largely editorial. The clause is specifying withholding taxes which are final taxes and hence, have no credit. I move the amendment in my name:
On page 79 of the Bill, delete the heading to clause 147 on line 31 and substitute “147 Finality and exclusivity of certain taxes under this Part; credits for non-final withholding taxes”:
On page 79 of the Bill, delete from line 35 the text “sections 137, 139, 140, 142 and 145” and substitute “sections 137, 138, 141, 143 and 144”.
On page 79 of the Bill, insert the following subclause to clause 147 ending on line 39:
“(2) Where a payee receives a payment from which tax has been withheld under section 137, 138, 141, 143 or 144, each of such taxes withheld shall entitle the payee to the appropriate credit specified in those sections.”
Amendment to Clause 147, put and agreed to.
Clause 147 as amended, put and agreed to.
Clause 148 put and agreed to.
On Clause 149:
THE MINISTER OF FINANCE (MR. BITI): It is a minor
amendment and like the previous one, we are just providing for the date of the payment of that tax withheld by an agent. I move the amendment in my name that:
On page 80 of the Bill, delete from lines 4 and 5 the words “on or before the tenth day of the month following that in which the amount was paid” and substitute “within ten days of the date of payment”.
On page 80 of the Bill, insert the following subclauses after line 6, the existing clause becoming subclause (1):
“(2) For the purposes of this section, a person shall be deemed to be the agent of a payee and to have received fees on behalf of that payee
if –
- that person’s address appears in the payer’s records as the address of the payee; and
- the warrant or cheque in payment of the fees is delivered at that person’s address.
(3) Any person deemed to be the agent of a payee in terms of subsection (2) shall, as regards the payee and in respect of any income received by or accruing to or in favour of the payee, have and exercise all the powers, duties and responsibilities of an agent for a taxpayer absent from Zimbabwe.”.
Amendment to Clause 149, put and agreed to.
Clause 149 as amended put and agreed to.
On Clause 150:
THE MINISTER OF FINANCE (MR. BITI): Again a minor amendment, we are just providing for the dates where payment of the withheld taxes is made. I move the amendment in my name that:
On page 80 of the Bill, delete from lines 9 and 10 the words “on or before the tenth day of the month following that in which the amount was paid” and substitute “within ten days of the date of payment”.
Amendment to Clause 150, put and agreed to.
Clause 150 as amended, put and agreed to.
Clause 151 to 160 put and agreed to.
On Clause 161:
THE MINISTER OF FINANCE (MR BITI): That is just a
minor amendment. We are simply correcting referencing error. I therefore, move the amendment in my name that:
On page 83 of the Bill, in subclause (2), delete from line 43 “Part
XX” and substitute “Part III”.
Amendment to Clause 161, put and agreed to.
Clause 161 as amended, put and agreed to.
On Clause 162:
THE MINISTER OF FINANCE (MR BITI): It is just a minor amendment. I therefore move the amendment in my name that:
On page 84 of the Bill, in the title to this Clause, delete
“Collective” from line 1 and substitute “Collection of”.
Amendment to Clause 162, put and agreed to.
Clause 162 as amended, put and agreed to.
Clauses 163 to 205 put and agreed to.
On Clause 206A:
THE MINISTER OF FINANCE (MR BITI): I want to say that
this is an important provision. It deals with the setting up of the Fiscal Court of Appeal and Appeals to the Supreme Court. What we have done here is that the system is clogged with so many appeals that are pending before the Fiscal Appeals Court. When judgments are belatedly made, they go to the Supreme Court where factual disputes are still an issue.
What we are trying to do here is to place the Fiscal Appeals Court at par with the Labour Court to the extent that appeals from the Fiscal Appeals Court, which is the equivalent of our High Court, when they go to the Supreme Court, it is on a question of law. That is what it is doing. What is happening in this provision is that we are allowing the Fiscal Appeals Court to appoint assessors. Judges there can also sit with assessors.
I beg your indulgence in that I want to put Section 206A (1) (a) and (b) and (3) but if we can remove Subsection (2). Subsection (2) is the provision that purports to say that when a tax appeal is heard, the
Supreme Court must sit in camera. That is clearly unconstitutional. If on Section 206A you can remove Subsection (2). I am praying that it be adopted by this House is Section 206A (1), Subsection (a) and (b) and then (3) which becomes your (2). With that amendment I move the amendment in my name that:
On page 101 of the Bill, insert Chapter XVII (“Objections and
Appeal”) after Clause 206 ending on line 8 the following new Clauses:
206A Appeals from determination of Fiscal Appeal Court to
Supreme Court; assessors
(1) On the determination by the Fiscal Appeal Court of an appeal under Section 206 or other proceedings incidental to
or connected therewith, the appellant or the Commissioner, if dissatisfied with the determination –
- may appeal to the Supreme Court on any ground of appeal which involves a question of law alone;
- may, with leave of the President of the Fiscal Appeal Court, or, if such President refuses to grant leave, with the leave of a judge of the Supreme Court, appeal to the Supreme Court on any ground of appeal which involves a question of fact alone or a question of mixed law and fact
(2) For the hearing of any appeal under this Chapter, the presiding judge or a President of the Fiscal Appeal Court may, either of his or her own motion or on the application of either party, appoint one or two assessors to advise at such a hearing. Any assessor appointed in terms of this section shall act in a purely advisory capacity and shall have no right to vote on any decision.
Amendment to Clause 206 A, put and agreed to.
Clause 206A as amended, put and agreed to.
On Clause 206B:
THE MINISTER OF FINANCE (MR BITI): That is an
important one. What we have seen in the past is that when a tax matter goes before the Fiscal Appeals Court, some naughty litigants have argued that judges cannot hear the matter because they are an interested party to the extent that you are a taxpayer but we are all taxpayers. We are removing that frivolous and vexatious potential ground of asking a judge to recuse himself and that is what we are doing. I move the amendment standing in my name
that:
“206B Judge and assessors not disqualified from adjudicating or advising
A judge of the Supreme Court or a President of the Fiscal
Appeal Court or any assessor of any such courts shall not, solely
on account of his liability to pay tax under this Act, be deemed to be interested in any matter upon which he or she may be called upon to adjudicate or advise thereunder”.
Amendment to Clause 206 B, put and agreed to.
Clause 206B as amended, put and agreed to.
Clause 207 put and agreed to.
On Clause 208:
THE MINISTER OF FINANCE (MR BITI): This is just a
common provision in our statutes. The minister has got the power by the Statutory Instrument to fix the rate of interest covered by the law. This is very important in that one of the complaints that we are getting from our business people is that the tax collector is charging 100% interest rates. We are giving the discretion to the Executive so that in a dollarised environment, you cannot put 100% on US$200 000. It does not make sense. This provision is a concession from the public that gave us representations. I move the amendment standing in my name that:
“208A Calculation and fixing of interest payable under this Act
- Where –
- any interest is payable under Section 207 or 208; and
- the rate at which such interest is payable has with effect from any date been altered; and
- such interest is payable in respect of any period or any number of months or any part of a month which commenced before the said date;
The interest to be determined in respect of that portion of such which ended immediately before the said date or in respect of any such months or part of a month which commenced before the said date shall be calculated as if the said rate had not been so altered.
- The Minister may, by statutory instrument, alter any rate of interest specified in this Act, and in doing so may substitute a specific rate by a variable rate applicable to the borrowing of funds in any international money market, such as the LIBOR.
- Where the Minister substitutes any rate of interest specified in this Act by a variable rate referred to in Subsection (2), the Commissioner-General may, in terms of the Fourth Schedule to the Revenue Authority Act, issue binding general rulings on the tax consequences of any variation of such rate.”
Amendment to Clause 208 A, put and agreed to.
Clause 208A as amended, put and agreed to.
Clauses 209 to 211, put and agreed to.
On Clause 212A:
THE MINISTER OF FINANCE (MR BITI): This is just a
deterrent clause. We are seeking to say that if you are a habitual and regular offender, you have led yourself astray from the path of virtue; the penalties must also be increased if you are a continuous regular offender. I move the amendment in my name that:
“212A Offences; increased penalty on subsequent conviction
If, upon conviction of any person for an offence under
Section 209, 210 or 212 for –
- failing or neglecting to furnish, file or submit any return or document required by the Commissioner; or
- refusing or neglecting to furnish any information or reply, or to produce any books or papers required of him by the
Commissioner or any other officer; within any reasonable period fixed by the Commissioner or any other officer and of which notice has been given to him by the Commissioner, it is proved that that person has been previously convicted of a like failure, neglect or refusal in relation to the same return, document, information, reply, books or papers, then such person shall, in addition to any punishment inflicted under such section, be liable also to a fine not exceeding level one for each
day that he or she is in default, or to imprisonment for a period not exceeding twelve months.”
Amendment to Clause 212A, put and agreed to.
Clause 212A as amended, put and agreed to.
Clauses 213 to 219, put and agreed to.
On Clause 220:
THE MINISTER OF FINANCE (MR BITI): The previous draft
says that ZIMRA would make regulations. On reflection, we felt that in its formative stages, this Act will require careful guidance by the Executive. Therefore, we felt that we should revert to the current position where it is the minister that makes regulations and not the tax collector. I move the amendment in my name that:
On page 106 of the Bill, delete subclause (1) between the lines 34 to 37 inclusive and substitute the following:
“(1) The Minister may make regulations prescribing anything which under this Act is required or permitted to be prescribed or which, in the Minister’s opinion, is necessary or convenient to be prescribed for carrying out or giving effect to this Act”.
On page 107 of the Bill, delete subclause (3) on lines 3 to 4.
Amendment to Clause 220, put and agreed to.
Clause 220 as amended, put and agreed to.
Clauses 221 to 222 put and agreed to.
On Clause 223:
THE MINISTER OF FINANCE (MR. BITI): This is a very important amendment Madam Speaker. What 223 is now doing is to repeal the Capital Gains Tax Act because what this Act has done is to simply treat Capital Gains as part of ordinary income which a tax payer earn on the disposal of an asset. So that provision Madam Speaker is a very important one. I will speak later on Madam Speaker, on the kind of harmonisation which we have done between the Capital Gains Tax and this new Act arising from that horrible period which we had of the hyperinflationary error. When you sold your house, you were not sure whether you were making a capital gain. I will speak on that later on. I thank you Madam Speaker.
Amendment to Clause 223 put and agreed to.
Clause 223 as amended, put and agreed to.
Schedules 1 – 3 put and agreed to.
On Schedule 4:
THE MINISTER OF FINANCE: Madam Speaker, this is
another area as well that the committee on the Budget will be pleased to hear. What we sought to do in the initial draft was to create a very complicated calculation of the motor vehicle benefit. So we tried to force employers to keep the log books. So if the vehicle has travelled five kilometres or twenty kilometres, you keep a log book, then we will calculate on the basis of how many kilometres the vehicle has moved and then calculate the benefit. If in a year you have moved 20 thousand kilometres, we apply the formula in the Bill.
Now, this is a nightmare as you can understand. So we have conceded to the committee’s view that we should simplify it and in simplifying it, we have gone back to the calculations defined in the current law which we deem the benefit. I know that Hon. Chinyadza will be very pleased and with this, I pleasurably move the amendment in my name that:
On page 130 of the Bill, in paragraph 1 (3), delete paragraph (c) on lines 22 and 24 inclusive.
On page 130 of the Bill, delete paragraph 2 between lines 25 and
40 inclusive, and substitute the following:
“Calculation of motor vehicle benefit”
- The amount to be included in employment income as a motor vehicle benefit under section 23 (1) (j) (ii) shall be the cost to the employer as deemed by the following paragraphs –
- the amount prescribed in the Ninth Schedule, in the case of a motor vehicle whose engine capacity does not exceed one thousand five hundred cubic centimeters;
- the amount prescribed in the Ninth Schedule, in the case of a motor vehicle whose capacity exceeds one thousand five hundred cubic centimeters but does not exceed two thousand cubic centimeters;
- the amount prescribed in the Ninth Schedule, in the case of a motor vehicle whose capacity exceeds two thousand cubic centimeters but does not exceed three thousand cubic centimeters;
- the amount prescribed in the Ninth Schedule, in the case of a motor vehicle whose capacity exceeds three thousand cubic centimeters; and such deemed cost shall be reduced proportionally where the period of use of the motor vehicle is less than the year of assessment”.
On page 132 of the Bill, in paragraph 5 (“Calculation of maximum amount deductible by a company for general administration and management”), delete from subparagraph (d) the words “paragraph 2
(1)” on lines 9 and 10 and substitute “paragraph 15 (1)”.
On page 132 of the Bill, in paragraph 5 (“Calculation of maximum amount deductible by a company for general administration and management”), delete the text between lines 13 and 23 inclusive, and
substitute the following:
“is calculated according to the following formula –
A – (B + C)
Where –
A is the total expenditure qualifying for deduction in terms of Part
IV of Chapter IV;
- represents the expenditure on general administration and management paid outside Zimbabwe by such local branch or subsidiary, whether or not such expenditure was incurred by the head office of that foreign company;
- is the amount of expenditure qualifying for deductions in respect of any mining operation, special mining lease operation or petroleum operation carried on by the taxpayer.”
Amendment to Schedule 4, put and agreed to.
Schedule 4 as amended, put and agreed to.
On Schedule 5:
THE MINISTER OF FINANCE (MR. BITI): This is just
correcting a referencing error. So it is a draft amendment and I put the amendment standing in my name that:
On pages 136 of the Bill, delete paragraph 3 between lines 6 to 8 inclusive and renumber the subsequent paragraphs accordingly.
Amendment to Schedule 5 put and agreed to.
Clause 5 as amended, put and agreed to.
Schedule 6 put and agreed to.
On Schedule 7:
THE MINISTER OF FINANCE (MR. BITI): I move the amendments standing in my name that:
On pages 142 of the Bill, insert after the definition of “benefit fund” ending on line 41 the following definitions:
“”dwelling means a building, or any part of a building, which is used wholly or mainly for the purpose of residential accommodation;
“marketable security” means –
- any bond capable of being sold in a share market or exchange; or
- any –
- debenture, share or stock; or
- right possessed by reason of a person’s participation in any unit trust; whether or not capable of being sold in a share market or exchange;
“principal private residence”, in relation to an individual, means –
- a dwelling which is proved to the satisfaction of the
Commissioner –
- to have been that individual’s sole or main residence throughout the period that he or she owned it; or
- to have been that individual’s sole or main residence for a period of four years or more immediately before the date of its sale, or for such shorter period immediately before the date of its sale as the Commissioner considers reasonable in all the circumstances; or
- to have been regarded by that individual as his or her sole or main residence, even though he or she was prevented from residing in it as provided in subparagraph (i) or (ii) in consequence of his or her employment or for such other cause as the
Commissioner considers reasonable in all the circumstances; and
- Subject to paragraph 13 (5), any land, whether or not it is a piece of land registered as a separate entity in a Deeds
Registry, which –
- is owned by the individual concerned; and
- surrounds or is adjacent to the dwelling referred to in paragraph (a); and
- is used by the individual concerned primarily for private or domestic purposes in association with the dwelling referred to in paragraph (a); and
- does not exceed two hectares or such larger area as the Commissioner, having regard to the size and character of the dwelling referred to in paragraph (a), is satisfied
is required for the reasonable enjoyment of the dwelling as a principal private residence; and
- subject to paragraph 13 (5), any garage, storeroom or other building or structure which –
- is owned by the individual concerned; and
- forms part of or is attached to or otherwise associated with the dwelling referred to in paragraph (a); and
- is used by the individual concerned primarily for private or domestic purposes in association with the dwelling referred to in paragraph (a); and concludes a residential stand intended for the building of a principal private residence thereon;
“residential stand”, in relation to an individual, means any land, whether or not it is a piece of land registered as a separate entity in a Deeds Registry, which –
- is owned by the individual concerned; and
- is proved to the satisfaction of the Commissioner to be intended for the building of a principal private residence thereon.”
On pages 142 and 143 of the Bill, delete the definitions of “industrial park” (lines 42-45 on page 142 and lines 1-3 on page 143) and “industrial park developer” (lines 4-5 on page 143)
On page 143 of the Bill, in paragraph (a) of paragraph 4 (“Income of companies, funds, trusts and associations”) insert after “the private pecuniary profit or gain of their members” on line 43 the words, “except to the extent that income is derived from the disposal of immovable property or marketable securities”.
On page 144 of the Bill, in paragraph (c) of paragraph 4 (“Income of companies, funds, trusts and associations”) insert after “approved by the Commissioner” on line 11 the words, “except to the extent that income is derived from the disposal of immovable property or marketable securities”.
On page 144 of the Bill, in paragraph (f) of paragraph 4 (“Income of companies, funds, trusts and associations”) insert after “approved by the Commissioner” on line 11 the words, “except to the extent that income is derived from the disposal of immovable property or marketable securities”.
On page 147 of the Bill, in subparagraph (13) of paragraph 7
(“Payments relating to employment”) delete from lines 19 and 20 the words “four hundred United States dollars” and substitute “one thousand
United States dollars”.
On page 149 of the Bill, in paragraph 11 (“Miscellaneous payments”), delete subparagraph (2) on lines 31 and 35 inclusive, and renumber subparagraph (3) as subparagraph (2).
0n page 149 of the Bill, insert the following paragraphs after paragraph 12 ending on line 46:
“Income from disposal of principal private residence
- (1) Subject to this paragraph, an amount or income accruing from the disposal by a taxpayer of his or her principal private residence –
(a) if such taxpayer is, on the date of the disposal of his or her principal private residence, or over the age of fifty-five years; or
If such taxpayer is, on the date of the disposal of his or her principal private residence, under the age of fifty-five years, and the amount or income is used in the acquisition of another principal private residence in accordance with the following subparagraphs of this paragraph.
(2) An individual taxpayer may elect that, where an amount or income has been received by or has accrued to him or her on or after the 1st April, 1988, in respect of the sale by the taxpayer of his or her principal private residence (hereinafter in this paragraph called the “old principal residence”) and the Commissioner is satisfied that, before the end of the year of assessment next following the sale, an amount equal to the whole or part of the consideration received or accrued in respect of the sale has been or will be expended on the purchase or construction, on land owned by the taxpayer in Zimbabwe, of another principal private residence (hereinafter in this paragraph called the “new principal private residence”) for the taxpayer concerned –
- income tax shall not be chargeable, if the amount of the consideration so received or accrued is equal to or less than the amount so expended; and
- income tax shall be chargeable, if the amount of the consideration so received or accrued exceeds the amount so expended, on a proportion of the net gain determined by applying the following formula –
A x C
B
in which –
- represents that proportion of the amount of the consideration received or accrued on the sale of the old principal private residence not so expended on the purchase or construction of the new principal private residence;
- represents the total amount of the consideration received or accrued on the sale of the old principal private residence;
- represents the net gain in respect of the sale of the old principal private residence.
- An election in terms of subparagraph (2) shall be made not later than the date on which the individual making the election submits a return for the assessment of his or her income for the purposes of this Act.
- For the purposes of this paragraph, where –
- a building owned by a company, partnership or association, as the case may be, have the right, by virtue of their membership, to occupy particular flats, apartments or units of residential accommodation in the building;
- the members of the company, partnership or association, as the case may be, have the right, by virtue of their membership, to occupy particular flats, apartments or units of residential accommodation in the building; an individual who, by becoming or ceasing to be a member of the company, partnership or association concerned, acquires or relinquishes such a right of occupation, shall be deemed to have purchased or sold, as the case may be, the flat, apartment or unit of residential accommodation concerned.
- Where –
- land referred to in paragraph (b) of the definition of
“principal private residence” in paragraph 1; or
- a garage, storeroom or other structures referred to in paragraph (c) of the definition of “principal private residence” in paragraph 1;
is disposed of separately from the dwelling in association with which it was used, this section shall not apply in relation to its disposal.
- Where a principal private residence is sold together with or as part of other immovable property which is not used wholly or mainly for the purposes of residential accommodation, the proportion of –
- the gross amount in the hands of the transferor; or
- the cost of acquisition in the hands of the transferee;
Received or accruing in respect of the sale of the principal private residence shall be deemed to be –
- such proportion as may be specified by both the parties to the sale in a joint written statement which is submitted to the
Commissioner and which is accepted by him or her; or
- where no statement has been submitted to the Commissioner in terms of paragraph (c) or where the Commissioner has not accepted such a statement, such proportion as may be determined by the Commissioner to be fair and reasonable.
Disposal of Certain immovable property
- An amount or income accruing from the disposal by a taxpayer of investment property in the form of immovable property acquired in Zimbabwe before the 1st February, 2009, that is subject to any withholding tax imposed by the charging Act.
Disposal of certain marketable securities
- An amount or income –
- accruing from the disposal by a taxpayer of investment property in the form of any marketable security that is subject to any withholding tax imposed by the charging Act; or
- received or accrued on the sale of any marketable security being any bond or stock in respect of any loan to –
- the State or any company all the shares of which are owned by the State;
- a local authority;
- a statutory corporation; or
(c) received by or accruing to a person who is of or over fifty-five years of age on the sale of any marketable security, in respect of the first one thousand eight hundred United States dollars received by or accruing to him in the year of assessment concerned.
Disposal of immovable property and marketable securities forming part of deceased estate
- An amount or income received or accrued on the realisation or distribution by the executor of a deceased estate of any immovable property or marketable security forming part of such estate.
Realisation by life insurance company of certain investments in
Zimbabwe
- Income or amounts received or accrued on the sale, by a person carrying on life insurance business as defined in paragraph 1 (1) of the First Schedule, of specified assets which are investments in Zimbabwe for the purposes of factor F or G in the formula in paragraph 6 of that Schedule.
Sales of certain shares in Infrastructure Development Bank of Zimbabwe
- Income or amounts received or accrued on the sale of any shares in the Infrastructure Development Bank of Zimbabwe established by section 3 of the Infrastructure Development Bank Act [Chapter 24:14] where such sale is by an institutional shareholder as defined in that Act who is not ordinarily resident in Zimbabwe.
Sale of certain immovable property used for petroleum operations
- Income or amounts received or accrued on the sale by a petroleum operator, approved by the Minister by notice in the Gazette, of immovable property used for the purposes of petroleum operations, to another petroleum operator, if the Commissioner is satisfied that the property is to be used for such purposes by the purchaser.
Disposal of shares or interest in approved employee share ownership trust
- Income or amounts received or accruing to an employee from the sale or disposal of his or her shares or interest in an approved employee share ownership scheme as defined in paragraph 1 (1) of the Tenth Schedule where such sale or disposal is to the scheme.”.
Madam Speaker, this is an important schedule for most of us. The amendments we seek are important. The schedule deals with exemptions from income tax. So given the fact that there is housing challenges in Zimbabwe, we are seeking to exempt from taxation any principal private residence and residential stands earmarked for the construction of a principal private residence from tax. So, this is very important. If you sell your small house or stand in order to develop or buy a bigger one; we are exempting the capital gains tax you are earning. So, this is to the poor people and not to the capitalists.
Amendments to Schedule 7, put and agreed to.
Schedule 7 as amended, put and agreed to.
On Schedule 8:
THE MINISTER OF FINANCE (MR. BITI): I move the amendments standing in my name that:
On page 151 of the Bill, in paragraph 1 (1) in the definition of
“commercial building”, delete from line 6 “the date of commencement
st April, 1975”. of this Act” and substitute “the 1
On page 153 of the Bill, delete the definition of “previous law” (limes 19-20).
On page 161 of the Bill, in paragraph 13 (Limitation on cost of passenger motor vehicle delete subparagraph (2) (lines 6-25).
On page 163 of the Bill, delete the definitions of “mineral” (lines 21-27), “mining location” (lines 28-29) and “mining operations” (lines 30 to 43).
Amendments to Schedule 8, put and agreed to.
Schedule 8 as amended, put and agreed to.
On Schedule 9:
THE MINISTER OF FINANCE (MR. BITI): I move the amendments standing in my name that:
On page 173 of the Bill, insert the following after item 7 on line 7, and renumber the subsequent items accordingly:
- Deemed cost to an employer of a motor vehicle benefit in relation to a vehicle of any of the following engine capacity referred to in subparagraphs (a) to (d) of paragraph 2 of the Fourth Schedule –
- not exceeding 1 500 cc: ……………………………….$1 800
- exceeding 1 500 cc but not exceeding 2 000 cc: ………$2 400
- exceeding 2 000 cc but not exceeding 3 000 cc: ………..$3 600
- exceeding 3 000 cc: …………………………………...$4 800
Madam Speaker, we are just putting in US dollar term the monetary amounts that are deemed benefits. There is a lacuna at the present moment that the Zimbabwean dollars are still being used. So that is all we are doing there.
Amendment to Schedule 9 put and agreed to.
Schedule 9 as amended, put and agreed to.
On Schedule 10:
THE MINISTER OF FINANCE (MR. BITI): I move the amendment standing in my name that:
On page 176 and 177 of the Bill, delete paragraph 8 on lines 27 to 46 on page 176 and lines 1 to 3 on page 177, and renumber the subsequent paragraphs 9, 10 and 11 as paragraphs 8, 9 and 10.
Amendment to Schedule 10, put and agreed to.
Schedule 10 as amended, put and agreed to.
On Schedule 11:
THE MINISTER OF FINANCE (MR. BITI): I move the amendments standing in my name that:
On page 178 of the Bill, in the title to the Schedule on line 10, delete “138” and substitute “137”.
On page 178 of the Bill, in subparagraph (1) delete the definition of “employee” (lines 16-19).
On page 179 of the Bill, in subparagraph (1) delete the definition of “employer” (lines 31-44).
Amendments to Schedule 11, put and agreed to.
Schedule 11 as amended, put and agreed to.
Schedules 12 to 15 put and agreed to.
Progress reported.
Bill reported with amendments.
Bill referred to the Parliamentary Legal Committee.
ANNOUNCEMENT BY THE SPEAKER
NON-ADVERSE REPORT FROM THE PARLIAMENTARY LEGAL
COMMITTEE
- SPEAKER: I have received a Non Adverse Report from the Parliamentary Legal Committee on Income Tax Amendment Bill (H. B.
5, 2012.
Third reading: With leave, forthwith.
THIRD READING
INCOME TAX AMENDMENT BILL (H. B. 5, 2012)
THE MINISTER OF FINANCE: Mr. Speaker Sir, I move that
the Bill be now read the third time.
Motion put and agreed to.
Bill read the third time.
On the motion of THE MINISTER OF FINANCE, the House
adjourned at Nineteen Minutes to four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 25th September, 2013
The National Assembly met at a Quarter-past Two O’clock p.m
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
INDUCTION SEMINAR
- SPEAKER: I have to inform hon. members that there will be an induction seminar for all Members of Parliament to be held on Monday, 30th September and Tuesday, 1st October, 2013 starting at 0830 hours. Hon. members are advised to check in their pigeon holes for the induction programme. The venue will be confirmed in due course.
SWITCHING OFF OF CELLPHONES
- SPEAKER: May I once again remind hon. members to please switch off their cellphones before business commences.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- CHIBAYA: Firstly, I would want to say congratulations, amhlope to you Hon. Speaker. I cannot see the Minister of Public Service, Labour and Social Welfare, so in the absence of the Minister, I will refer my question to the Leader of the House, Hon. D. Mutasa.
What is the Government’s plan in terms of responding to the needs of
civil servants?
THE MINISTER OF STATE FOR PRESIDENTIAL
AFFAIRS IN THE PRESIDENT’S OFFICE (MR. MUTASA): Mr.
Speaker Sir, the Government’s response to the needs of the civil servants has already been published very widely in both the independent and government press. Briefly, it means that we are very concerned about the meager resources that are being availed to civil servants and it is the
Government’s intention to raise the salaries of all civil servants. I think at the present moment, there is dialogue between the civil servants and salaries and the Government towards that end. I thank you.
- MADZIMURE: My question is directed to the Minister of Industry and Commerce. Hon. Minister, it is common knowledge that ZISCO Steel is not functioning and has not been functioning. There is a crisis that faces the people of Redcliff, especially those who used to survive on ZISCO Steel. Can the Minister update this House on the status of the agreement that Zimbabwe entered into with ESSAR and can you also assure the people of ZISCO Steel when they will get that relief of going to work and earning for their starving dependents.
THE MINISTER OF INDUSTRY AND COMMERCE (MR.
BIMHA): I would like to thank the hon. member for the question which I think is of importance to us all. Let me preface my response by just mentioning that the ESSAR Government deal is a big investment and strategic tool and hence the implementation process is not smooth but I would like to comfort you that it is on course. There are no issues to do with policy at the moment. If you recall Cabinet approved the deal and at the same time made certain resolutions. What remained was the implementation of that agreement. An implementation committee was put in place comprising officials from the Ministry of Mines as well as the Ministry of Industry and Commerce. It was chaired by the Deputy Chief Secretary to the President and Cabinet. A number of issues have already been resolved. The very few issues, as I am told, which are outstanding are more of procedural issues rather than policy issues.
Yes, there have been issues to do with workers and to do with their school fees particularly. These issues have been attended to and we now have a joint management committee comprising of the ZISCO management as well as the ESSAR management that is looking into the day to day issues of ZISCO. What remains is the closure of that agreement and we would want to support the implementation committee. In terms of the remaining areas that need to be attended to, it is our hope and belief that we should see operations resuming before the end of this year. I thank you Mr. Speaker Sir.
- J. GUMBO: Thank you Mr. Speaker Sir. My question is directed to the Minister of Higher Education, Science and Technology. Madam Minister, we are having many students who have passed ‘A’ level but are failing to enter into universities because they are failing to get school fees. What is the Government policy regarding the cadetship?
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT
(DR. MUCHENA): Thank you Mr. Speaker Sir. I want to thank the hon. member for the question and say briefly that my Ministry, first and foremost, is the Ministry of Higher and Tertiary Education, Science and Technology Development. I would urge hon. members to say it in full because Science and Technology is not a second cousin of Higher and Tertiary Education. They are equally important.
The Minister of Finance and I are already engaged in conversation on the cadetship scheme which has not gone very well because of lack of resources. It was a scheme put in place to cater especially for those students who are coming from disadvantaged families first and foremost; but because of the paucity of resources, the system has not gone very well. However, we are going beyond that Mr. Speaker Sir, looking at other creative ways of student support, not just cadetship. I thank you Mr. Speaker Sir.
- PORUSINGAZI: Thank you Mr. Speaker Sir. I would want the Minister of Health and Child Care, Dr. David Parirenyatwa to elaborate the position regarding the issuance of condoms and contraceptives to teenagers. We have just seen reports but since you are here, can you elaborate?
THE MINISTER OF HEALTH AND CHILD CARE (DR.
PARIRENYATWA): Thank you Mr. Speaker Sir. Let me thank the hon. member for asking that very worrying question. In the Ministry of Health and Child Care, we do have a policy on sexual and reproductive health that was enacted in 2012. The policy really looks at reproductive health for everybody up to the very aged people but in that policy, clearly, we do not accept and we must rebut that there is no room for giving any contraceptives of any sort to children who are under age; particularly and specifically the ten year olds that you mentioned about.
Our policy says no to that.
However, in the Ministry of Health and Child Care, in collaboration with the Ministry of Education, we have put up a programme or a syllabus which takes into account the normal growth of our people. So that sex education starts right in primary school but it is graduated and specific for age. So we do not give complicated education on sexual and reproductive health to ten year olds but is graduates as they get older. Specifically, we also say to ourselves that in terms of reproduction and sexual health, we are saying we must, as much as possible, delay sexual debut. This simply means the age at which it starts, sex.
We are fighting HIV in this country, fighting it very vigorously and we must be seen to be fighting HIV and fighting it very vigorously. So, in terms of our policy, we do not give contraceptives to underage children. The age of marriage is 16 years, so from 16 years onwards, we can give contraceptives. So, the policy is clear on underage, no contraceptives but education, information, education and information all across. I thank you Mr. Speaker Sir.
- MUDZURI: My question goes to the Minister of Higher and Tertiary Education, Science and Technology Development. What is your policy on student attachment? I have recognised that a lot of universities are insisting on student attachment and some of them taking as long as a year and there is no real link between the industry that employ the students and the colleges and also when these students are attached, they are not remunerated. They go and work effectively but they are not remunerated. So, I would want to understand your policy on addressing the discrepancy between attachments for the whole year vis-à-vis the remuneration and the reports that are going to be generated.
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT
(DR. MUCHENA): Thank you Mr. Speaker Sir. I want to thank the hon. member for that question. The ideal higher and tertiary education policy on student attachment is that as much as possible, students should have a practical experience as part of their training. However, the practicalities of that are very much dependent on the existing socio economic situation in a given country; Zimbabwe in this instance. There are some universities such as Midlands State University which has a whole department that exists to service students’ attachments and other universities where each department, depending on their programme, will have varying periods of attachments. The reason for that is; many at times in higher and tertiary education; you are giving people a sound theoretical basis of whatever discipline they are engaged in. You would also want them to have an equally capacitating practical experience.
Students are not supposed to be remunerated. First and foremost, institutions or companies are asked if they have opportunities for students’ attachment within their arrangements. If they have, they will give certain conditions. But generally speaking, students may get allowances but not a salary. The companies have no obligation to pay the students. It is the university which is requiring that attachment which is supposed to work out arrangements for their upkeep. It is not an employment scheme.
Mr. Speaker Sir, we are looking at that. There is a relationship between academic institutions and industry or employers. It may not be as vibrant as we are planning it to be but it has been in existence. That is why we have the organisation called NAMACO and ZIMDEF where companies contribute levies that will enable us to engage students in some of those practical experiences and vocational education.
Mr. Speaker Sir, with the leave of the House, I will bring a statement when we are fully briefed. Thank you Sir.
- MASHAKADA: My question is directed to my colleague,
the Minister of Industry and Commerce. My question is in two parts. The first part is; what is now the new policy thrust of Government to reverse de-industrialisation especially in Bulawayo as well as create employment and promote investment in the manufacturing sector.
The second part of the question is; what measures is the Minister beginning to put in place to reduce the import bill?
THE MINISTER OF INDUSTRY AND COMMERCE (MR.
BIMHA): I would like to thank the hon. member for raising these issues. I think that he knows that is work in progress as he was still part of the establishment. However, let me respond to the two aspects of the question.
The issue of de-industrialisation is a national issue. Yes, the extent of Bulawayo is known because it has always been the hub of the manufacturing sector. However, let me point out that companies have closed across the country; hence it requires a solution of a national character. I will take you back to twelve months ago when the Ministry of Industry and Commerce came up with two policy documents – the Industrial Development Policy as well as the National Trade Policy. The National Trade Policy focused on a number of areas which came as a result of very wide consultations with business associations and captains of industry. One particular focus was coming up with an institution which is dedicated to funding industry. That was more of medium term to long term. The debate was; do we make use of existing institutions which should be reconfigured? Should we come with a completely new institution for that? That debate resulted in some studies that have been carried out which I believe that this is the time for us to review the recommendations that have been made.
However, Government came up with short term schemes and DIMAF was one of them. It was aimed to address the issue of deindustrialisation. Unfortunately, DIMAF did not succeed. There were a lot of problems associated with DIMAF, apart from the fact that it was inadequate. There were also issues to do with implementation and also issues to deal with inconsistencies; remarks coming from Government itself, and hence it did not work as expected. Obviously, I can understand the concerns of industry because Government promised something but did not deliver.
What I can assure you hon. member is that we are prepared more than ever before, to revisit DIMAF and improve upon it in terms of the facility and implementation process. As I said, it is not just an issue of the Ministry of Industry and Commerce but it is an overarching issue which requires the commitment and team work of a number of other ministries. I am glad that the ministries that I have approached so far – including the Ministry of Finance; I am happy with the responses that I have received and what we need is to continue to build the confidence and reassure our business fraternity that Government is committed to ensure that we get to a point where we should be. I thank you Mr.
Speaker Sir.
The question of imports has no easy answer because there are a lot of manifestations that come from it. I think imports are not the issue. Probably what we are talking about is cheap imports and there are many aspects to it.
The first one is what I referred to earlier on that our industry is not functioning to expected levels. A lot of our industries are operating below capacity. What this means is that you will be in a situation where you do not have enough goods to service the nation, hence you get other businesses coming up in an effort to find a substitute for that. So, what we need to do in terms of solution is again to get our industry ticking. If we get our industry ticking, we can then have our industry producing the goods that we want.
Secondly, we also have to look at the whole issue of our tariff regime which our Ministry is undertaking at the moment. However, we can only do that by striking a balance between the need to protect industry as well as the need to honour agreements that we have entered into in those regional groupings that we belong to. We belong to SADC, COMESA and to a number of these regional groupings which in essence, means that we have to honour certain agreements that we have gone into in terms of duties et cetera. At the same time, we also have an obligation, as Government, to ensure that we protect infant industries, more so from the era that we are coming up where we had a bad patch and more so because there was no money available to give to industry.
There are associated issues as well in terms of imports coming and in terms of a porous border - corruption and issues that I think have been raised in this House. All these issues also contribute to the fact that you get some of the cheap imports coming in but at the same time, we should not pretend that this will end tomorrow. Even our business people, cannot just remain and hope that Government will protect them. Yes,
we have an obligation to support and to ensure that infant industries are supported but at the same time, our industrialists must produce products of quality. Our industry has to be competitive, otherwise we continue to be closed and we will be out of business. I thank you Mr. Speaker Sir.
- MADZIMURE: Hon. Minister, I think you are very much
aware that what has caused the closure of especially most of our clothing factories are the cheap imports from countries like China. There are cheap imports from those people who bring in bales of clothing into this country. When will the Government be bold enough and make a clear statement that it needs its own industry to develop. Right now, on the issue of equipment, we cannot be competitive because people have been not been updating their equipment for a long time.
So, when is Government going to take a bold decision and protect its industry?
- BIMHA: Thank you Mr. Speaker, and thank you Hon.
Member for the question. Mr. speaker, I think that the importance of our clothing and textile industry cannot be over emphasised against the background of Zimbabwe being a country where cotton is grown and obviously the need to ensure that there is backward and forward linkages. I think I would suggest that our Ministry gets a written question to this issue so that we can really give a very comprehensive answer on the issues surrounding clothing and textile industries. I thank you.
- MANGAMI: My question is directed to the Minister of Health and Child Care. What is Government policy regarding the provision of health centres in the rural areas as people are walking long distances?
THE MINISTER OF HEALTH AND CHILD CARE (DR.
PARIRENYATWA): Thank you Hon. Speaker and I want to thank the Hon. Member for that question. We have a very long standing policy regarding the distances between clinics. The policy has always been that a person should not walk more than ten kilometers before they bump into the next clinic. This has always not been fulfilled and the idea therefore, that is why this Government is now saying, let us build up to 1 100 clinics to fill that gap and I think that will satisfy a lot of our rural constituencies.
It is important that our people do not walk long distances, especially mothers who are pregnant. So, it is so critical that we all support as a team here, the building of more clinics, strengthening of infrastructure and putting up strong provincial institutions. For example, Lupane Hospital needs to be built, also Gwanda Hospital and Masvingo needs to be changed to be campus. There are many areas and Esigodini is one area which needs a district hospital. There are many other clinics that we can specify but essentially the policy is that we should not walk more than ten kilometers before we bump into the next clinic. I thank you Mr. Speaker Sir.
- HOLDER: My question is directed to the Minister of Mines and Mining Development. I want to find out what the Minister of Mines is doing in terms of the policy to separate big and mechanised mines from small scale mining policy?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): Thank you Mr. Speaker
and let me thank the hon. member for that question.
We recognise the need to amend and in fact, repeal the current Act of Parliament. We thought that it was important for us to come up with a Minerals Development Policy. I am happy to note that my predecessor was able to undertake an Outreach Programme that met with communities and stakeholders across the country to get their input into the Minerals Development Policy that we are working on.
One of the things that we recognise in the Minerals Development
Policy whose spirit, we hope, will then feed into the repealing of the Act is that it must consolidate the various pieces of legislation that have been used to administer the mining sector. So, we need to harmonise the many pieces of legislation in that sector through an Act of Parliament that takes care of everything and everybody. But, within that Act of Parliament, we are clear about the need to specify the already latery framework for the administration of SMEs, because the interests of the SMEs - the small and medium scale miners are different from those of the large scale miners. We then need to specify how we are going to administer the small to medium scale miners.
Within the policy also, we need to identify the kind of support that we would need to extend to the small scale miners. We are currently working on facilities that will extend that support but the first thing is that we must clearly articulate those positions in the Minerals
Development Policy; then make them legally binding within the context of the Minerals and Mines Development Act which will be brought to Parliament for consideration and approval. I thank you.
- ZWIZWAI: Thank you very much Mr. Speaker Sir, for recognising me. My question is directed to Hon. Minister Muchena. If you could explain to the nation the policy nexus between your ministry and the Ministry of State for Liaising on Psychomotor Activities in Education?
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT (DR. MUCHENA): I want to thank the hon. member, for his question and would like to ask the indulgence of the House for me and my colleague to bring a joint statement after we are fully briefed. I wanted to say by way of definition – mostly people who learn other things like what I have referred to when responding to another question, there should be smooth flow between the body and the mind.
*Normally, people learn in the mind and not be able to do it. So, what is meant by psychomotor is that there should be engagement between the mind and how to do it.
- K. S. MUSANHI: My question is directed to the Ministry of Mines and Mining Development. The people in my Constituency are very worried about the equipment that is coming into Mazowe River where we draw our water for Bindura Town. Is it a policy that we are starting to mine in the rivers now?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR W. CHIDHAKWA): For two reasons, I
request that a written note be sent to us because in the first instance, the question boarders between mining and environmental considerations. Therefore, the answer must take both the mining perspective as well as the environmental consideration.
Secondly, that it is specific to an area that he refers to his
Constituency. If we got a specific question, we would then ask to see the area that is being referred to, so that our response is able to address the geographical issues of that particular area.
- ZINDI: My question is directed to the Minister of Health and Child Care. First and foremost, I should applaud you for the Press Conference which you held yesterday in regard to the distribution of contraceptives to children from as young as ten years.
When I read about this article about a week ago, some official was quoted in your ministry as to the fact that there already are centres where these contraceptives are being distributed. I want to know, and you to make it very clear to the public in regard to that, whether you are going to close those centres since you have come up with a policy statement that – we will not allow it. I want you to be clear to the public as to what is going to happen to those centres, if at all those centres are there?
THE MINISTER OF HEALTH AND CHILD CARE (DR.
PARIRENYATWA): I would like to thank Hon. Zindi for asking that follow up question. The truth is, when we read this article, we eventually investigated on it and clearly there was a lot of misinformation on it. What we have done is to look at everything that has been said in that article, including the follow up whether in fact there is any distribution going on.
As I speak my staff is busy investigating which centres are we talking about and is it really true. As soon as I get that report, I can make it available to this august House.
- T. KHUMALO: My question is directed to Minister Muchena. The School of Mines has been sending away students for non payment of fees. What is your policy, bearing in mind that these students need to write examinations in the next two months, after having spent three years at the School of Mines? Are you going to let them go and not let them write their examinations after having spent so much money?
THE MINISTER OF HIGHER AND TERTIARY
EDUCATION, SCIENCE AND TECHNOLOGY DEVELOPMENT
(DR. O. MUCHENA): I thank the hon. member for bringing that matter to my attention. Since it is a specific question, we will follow it up urgently and we will bring the response to the House.
Oral Answers to Questions without notice were interrupted by
- SPEAKER in terms of Standing Order Number 34.
MOTION
PRESIDENTIAL SPEECH:
DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
- MIDZI: Mr. Speaker Sir, I would like to commence my contribution by joining other hon. members of this House who yesterday, congratulated you and other Presiding Officers for having been elected to lead this House. I would also like to, at this juncture, join other hon. members who contributed yesterday and touched on a number of issues that were raised in the next selected programme that was articulated by His Excellency the President.
I would want at the beginning to say to this House that going through the delivery of His Excellency the President, you can easily see that there are a number of issues that are cross cutting that were enunciated. One of them is to do with the issue of accountability. Accountability, not only as it touches various ministries and departments of Government, but accountability as it touches the sole of this nation. His Excellency made it very clear that we have as a country and as a nation, a programme that we target to achieve during the next five years. For us to be able to achieve these targets, we must underline our involvement with the issue of accountability.
Accountability Mr. Speaker Sir does and as I said earlier on, cut across a number of issues. When we speak or refer to the issue of corruption, we have to ask ourselves as to who is accountable for whatever contribution is made towards corruption. Do we ask ourselves as hon. members of this House, the general society of this country that question, as to what extend we are accountable in as far as corruption is concerned? His Excellency also touched on the issue of credibility. When we look at his Speech, analyse it, you find that the issue of credibility comes out very clearly that whatever we do as a nation, whatever we are going to do as a Government, and whatever we do and whatever we contribute as members of parliament, to what extend are we adding credibility? The credibility that I am talking about is not individual credibility.
I am talking about credibility of the nation, Government and collective credibility. Going through the Speech again, one clearly sees that there is an issue of stability which cuts across. This is stability, not only stability in terms of politics, but stability in terms of development.
Therefore I think it is important for all of us here as hon. members and any players in the country, to take heed that whatever we do and whatever contribution we make, we must add to the need and the critical need for stability for our nation.
I would also want to say that His Excellency in his delivery did articulate for us and for all of us the spirit of nationhood. That spirit of nationhood which does not forget where this country came from, that spirit of nationhood, which does not in any way discriminate among ourselves and that spirit of nationhood that makes us focus on a successful future. I would also want to make reference to the issue of vision. When you look at the legislative programme, it is a five year legislative programme. It is a programme which is guided by a vision. The vision is embedded in the history of this country, embedded in where we came from. Therefore, I would want to exhort all hon. members to ensure that whatever we do, whatever we encourage government to do, we must not forget that there is a vision, a vision which is embedded in our history.
With reference to the issue of corruption, really when you think about it, the question is, do we all of us believe in what we say as hon. members? When we criticise corruption, do we believe in what we are saying? To what extend do we contribute towards corruption? What can we do collectively to fight corruption? Others have referred to corruption as a cancer. Can we deal with that cancer? Do we have the capacity? I think at the end of the day, it is important that His Excellency exhorted all of us to confront this cancer head on and I take it that all hon. members judging from yesterday, have accepted that we as a nation, have a responsibility to deal with the issue of corruption.
If we leave it as it is, unattended to, we are actually committing national suicide because we may not on a day to day basis, be able to judge the extent of the damage that is taking place. Having said that generally, and having said that His Excellency’s delivery and the legislative programme gives us a collective national aspiration as a people. I would want to refer to a number of issues which we as a nation have to pay attention to in a focused manner.
The issue of HIV and AIDS is an issue which I think all of us as a nation have to collectively deal with. Sometimes it may not be so easy to see how widespread the problem is. It only takes a little effort to interact with families. In this case I have not talked of Epworth, a constituency which I represent here. The levels of HIV and AIDS occurrences in the Constituency are alarming. The impact on families is alarming but I can only say that may be that situation is a microcosm of what is happening throughout the country.
His Excellency also did, in a very articulate manner, make reference to the issue of the economy. We are all aware and I am sure most of us here on a day to day basis, are affected by the current economic conditions. Yes, there is no doubt that sanctions have had a devastating impact on this economy. Yes, there is no doubt that these sanctions have made it very difficult for various sectors of this economy to operate as expected. At the same time, as we recognised that the scourge of sanctions have ravaged our economy, we need also to recognise that the people of Zimbabwe have been very resilient. When you look around, see what has happened; see the responses of so many
Zimbabweans to the scourge of sanctions. You can only marvel at what Zimbabweans can do. The small scale sector, it could be in industry, it could be in mining, it has demonstrated that Zimbabweans collectively can achieve and withstand pressures.
I also want to make reference to the issue of infrastructure and infrastructural development. The road network in this country needs urgent upgrading. We tend to look at roads in the rural areas, and it is so obvious that when you go to rural areas, you see that the roads need attention. I also want to ask the Minister responsible for Transport and Infrastructural Development that yes, in urban areas, local authorities, urban councils are responsible for the road network but I suppose we should ask that the Minister help urban councils in repairing the roads. I know to some extent, that is already being done, repairing and even developing new roads. The issue of infrastructure, is not only limited in this particular case to road network, it does cut across the economy.
The issue of housing; one could say it is the responsibility of the
Minister responsible for public housing. The Minister of Infrastructural Development is partly responsible as well because you will find that in areas where housing development has taken place, the road network there is nothing to talk about.
The water issue, again I know that there is a Minister responsible for water but the infrastructure that brings the water to where it is supposed to go needs attention. May be, as a Member of Parliament who represents a semi-rural urban constituency called Epworth, I would want to appeal to all ministries to also pay attention to some areas that are semi forgotten. If you go to such areas, you find that the people who live in these areas on a day to day basis, are suffering from a number of deficiencies, it could be deficiencies in terms of infrastructure, health or deficiency in terms of food. Mr. Speaker Sir, it is my appeal that I am making to Government to ensure that such communities are not forgotten.
The other area which I want to make reference to before I end my submission, is the area of environment. When we talk of environment, yes, sometimes we easily think about elephants because they are big, we think about huge things but there are other environmental issues that we may not pay attention to.
I am going to talk about urban areas. Just driving or walking around, it is sickening that you see people you do not expect to be damaging the environment doing so. You see people driving in beautiful cars, after having enjoyed may be a plate of sadza and chicken, some pizza that they bought from Chicken Inn or somewhere else, they literally throw the empty packs through their windows into the streets. Mr. Speaker, if you do that, whom do you expect to clean the environment? We can talk about elephants, I am not saying it is a good thing, I am saying it is because it is easier. I am saying we ourselves may be unknowingly contributing to environmental damage. It is my appeal and a suggestion that I would want to put to this House if I am allowed to Mr. Speaker. Let us have a day where all hon. members of Parliament, including Senate, can go into the streets, sweep the streets – [HON. MEMBERS: Hear, hear] - let us go and contribute as a way of educating people because sometimes we leave it to the youths to do the cleaning. Let us be exemplary to some of our colleagues who would rather move on top of the range vehicles and keep their windows open but not because they want fresh air but they want an easy way of throwing rubbish into the streets. I thank you Mr. Speaker.
- KURUNERI: Thank you Mr. Speaker, I am Chris Kuruneri from Mt Darwin East. Mr. Speaker Sir, I rise to respond to two issues that His Excellency raised and which touched my nerves as well as my soul. His Excellency the President touched on the Zambezi Water
Project and he also touched on Kariba Gorge - Kariba South Projects.
Let me tell you why I say this. Firstly, most of you have been reading all kinds of unguided statistics in our newspapers about unemployment and we are told that unemployment has now reached 95% in this country. Sometimes I wonder what sampling frames are being used to achieve those numbers, and let me tell you why the Zambezi Water Project pleases me.
First and foremost, if we were to implement this project in the manner that it is supposed to be done, we will be able to create no less than 5 million jobs in one swing. Let me explain to you how this happens. If we look at the water that we are losing to the Indian Ocean via the Zambezi River, it is 800 cubic meters of water per minute, twenty four hours per day and three hundred and sixty-five days in the year.
This is sufficient water, if properly harnessed, to irrigate 1 million hectares of land. We talk of food security and hunger, right! One million hectares – and just listen to my eroded mathematics here but I am sure Mr. Nkomo here knows what I am talking about. He used to be in the Ministry of Water. If we take 200 000 hectares from my 1 million model, and we put maize in winter and summer, we will get a yield of 2, 4 million tonnes of maize and our national consumption is 2 million. We will remain with 400 000 tonnes surplus which we must not export. We should factor that 200 000 tonnes into the production of maize meal, hupfu handiti, so that maize meal is sold in the market cheaper than the current cost.
If we take another 200 000 hectares and we put it under wheat and we assume 3 tonnes yield per hectare, that is 600 000 tonnes of wheat, right! Our national consumption of wheat is 400 000 tonnes per year. Wheat plus maize equal food security, is that right? But, it also equals to something else. Before we get employment, it equals food security and it also equals billions of United States dollars in savings that has otherwise gone to imports of food.
MR SPEAKER: Order, if I may trap to the hon. member. Hon. Chirisa, I think you would like to read a newspaper. Can you proceed and do so outside the House.
- CHIRISA: Sorry Sir.
- SPEAKER: Please carry on.
- KURUNERI: It also equals US$11 billion savings that have gone into imports of wheat and maize and let me tell you what US$11 billion can do for us. If we took US$3 billion of that 5 years ago, and if we had paid off both the International Monetary Fund and the World Bank, we would have paid off our total international debt which would have the impact of opening up all dried up or the closed lines of credit that have been otherwise available to our manufacturing sector, mining and agriculture for production purposes.
If we had taken US$1 billion of that and used US$500 000 for petrol, diesel and paraffin, that would give us enough paraffin for one full year. If you take the remaining US$500 000 and targeted electricity, that would have been electricity for two years in a row. Electricity plus diesel plus petrol plus paraffin equals to energy, is this not it? But, it also equals something else. It equals prices stability. It equals confidence, is it not so? It equals to jobs.
Two years of our ZESA paid in full would mean no power outages for two years, is it not so? Right! I know a number of my friends including this one here. He was once in a queue wanting to buy meat, holding a piece of meat and the manager of the supermarket came from behind him with a stamp and changed the prices in his hands. He got so angry and he said, “Chris look at this man, he is changing the prices”.
But that happens where there is no price stability.
And, let me also come to the issue of jobs. We are being told that 95% of our people are unemployed. I said earlier, what sampling frame are they using to come to those numbers? I actually disagree with those numbers. What they are doing is that, they are measuring formal sector jobs and they are not touching the informal sector. They are not going to Siyaso and measuring how many people are working there. Even worse than that, they are not defining what is meant by employment or unemployment so that we understand what they are talking about.
Let me give you not my definitions but the definitions as they appear in economics. Employment is anything that yields income and/or anything that yields output. It is also a recognition aspect, when you recognise yourself as being employed. Nobody can tell you, you are unemployed if you think you are employed, he-e. If that is the case, you wonder then where 95% unemployment is coming from. That is not economically realistic.
This is why, the reference to the Zambezi Water Project touched me because it will change the economics of this country overnight. If we then add the Kariba South Project, with its 1 600 megawatts output sufficient to power the entire SADC region. We want to talk about economic development, those are some of the things that we must focus on. We all have a challenge in this august House to pursue and implement what His Excellency has put on our tables to work on.
I am pleased that my big brother is also sitting here, Cde.
Mnangagwa. I call him bad news brown. I went with the late Hon. Msika to Phoenix, Arizona to see what the Americans are doing in the desert with water that they are getting 1 500 miles from the desert all the way to Phoenix. We should be able to do the same here in Zimbabwe.
Zambezi is not 1 500 miles away from Midlands, Matebeleland North,
Matebeleland South or Masvingo, no, no. We could even switch it to
Manicaland.
What the Americans have done there, is they have created farms along the water highway. We can also do the same. We can create farms along the main water highway all the way to Masvingo and Manicaland. Believe you, me, that entire system is operated by two people who man their computer centre. Every person who has a farm there has a name and there is a button. Kana riri purazi ravaMutasa, panenge paine zita kunzi vaMutasa nebutton ravo. Vari kurimeiko? Matomatisi. Big tomatoes like this and the people who man the control centre know exactly how much water he needs. They push a button and he gets his water. They push another button and he is billed before he has a chance to run away. If the Americans are doing it in the dessert, why can we fail to do it here in Zimbabwe? – [HON. MEMBERS: Hear, hear.].
Let us come to the fiscal side as well. We are talking about five million jobs there. Five million jobs and if they are getting $300 per job per employee, how much money is that per month? $1,5 billion, is it not? If we take 10% of that going towards taxes, then the fiscus has sufficient money to sort out potholes on the roads.
Mr. Speaker Sir, I think people are getting bored here but some of these things I discussed them with you if you remember, in Victoria Falls many many months ago. I have discussed these with some of my friends here, vakawanda sitereki including the Hon. Chasi over there. If we want change, we have the challenge to make change ourselves. There is no need to be corrupt, we simply have to work hard and put our efforts where they are needed the most, which is to create jobs and create incomes for our people. Mr. Speaker Sir, if we are serious, these things are achievable. If we go to sleep on them, nothing will happen.
- SPEAKER: As the hon. member walks to his seat, I cannot help but recognise the degree of commitment from someone who is indisposed but has been able to debate in a very intelligent manner with all the statistics – [HON. MEMBERS: Hear, hear.] -. I can only hope and trust that others will reach that level of commitment and also, I have no doubt that your constituency Mt. Darwin East is properly represented
– [HON. MEMBERS: Hear, hear.] -.
- MANDIPAKA: May I also express my appreciation to the wonderful address by the President of the Republic of Zimbabwe Cde. R. G. Mugabe on Tuesday, 17th September, 2013. The speech in my view, Mr. Speaker Sir, set the tone for what this great nation can do to ensure economic growth and development, that would better the lives of many Zimbabweans. I take it that the President’s Speech was instructive apart from it being some work of brilliance on areas needing attention; for example, aligning certain existing laws to the Constitution, agriculture, revitalisation of our industry, the mining sector, tourism, transport and road infrastructure, corruption, et cetera.
Mr. Speaker Sir, allow me to dwell on two of those aspects affirmations and I want to talk about agriculture, transport and road infrastructure. In Buhera West, Mr. Speaker Sir, we applaud the
Government of Zimbabwe’s initiative to construct Marovanyati Dam which would supply water for irrigation purposes, water for people and animals’ livelihood and provide employment to the locals during construction. It would appear this wonderful project has been abandoned to the detriment of our people. We pray that the Government of Zimbabwe’s intervention in seeing the completion of Marovanyati Dam in Buhera West will be timely.
His Excellency was quite apt and clear in his speech when he said
“Government will also expedite the completion of various strategic water development projects”. Buhera West Mr. Speaker Sir, experiences perennial droughts and the need for continued supply of drought relief aid cannot be overemphasised. It has become public knowledge that Manicaland Province is rich in diamond reserves and the possibility of more reserves in parts of Buhera cannot be ruled out. In that vein, it becomes paramount to rehabilitate our road infrastructure.
Buhera West, Central, South and North as well as the honourables from those respective areas would agree with me that it will be very exciting to see Murambinda/ Birchenough Bridge Road being tarred for easy of accessibility. It is easier for people from Chipinge and Birchenough Bridge to use that road to Harare and it is economically viable. The road will definitely attract local and foreign investors doing mining operations in Manicaland and Buhera in particular. Currently, the road is in a very bad state and one needs to drive along that stretch road once to appreciate the unfriendliness of that road.
Mr. Speaker Sir, allow me to be precise and concise and this is my contribution to the address by His Excellency, the President of the
Republic of Zimbabwe. I thank you. [HON. MEMBERS: Hear, hear].
+MRS. MUDAU: Thank you Mr. Speaker Sir. First and foremost, I would like to congratulate you for election to that post. The way you handle issues in this House is different and it shows that you are a person who knows how to do your job. Secondly, I would want to congratulate the President of the State Cde, Robert Gabriel Mugabe for a job well done after winning the elections that were held on the 31st July.
I want to congratulate the President for that.
Yesterday, the Parliament that we had, we realised that there was so much noise and there was nothing that was achieved in this august House. We also realise that for the past five years, there was nothing that was achieved. Mr. Speaker Sir, the Inclusive Government withdrew so many things and we realised that we were not going forward. After the election of your post and after a month, I hope that most of the problems will be solved in this House.
Mr. Speaker Sir, I come from Beitbridge West Constituency – our President has highlighted on the issues of drought and there is severe drought in my Constituency. I thank the President for realising that there is severe drought in other areas of the country and he is supplying food from other countries like Zambia to the people. I appreciate that Mr. Speaker Sir. This country came of the bloodshed of the liberation struggle and so we realise that this year, the Zimbabwean people have corrected the mistakes they made in the past.
Mr. Speaker Sir, from my constituency, Beitbridge West, there is a place called Tokwe, even a bus cannot travel in that road. Also there are no buses using the road from Beitbridge to Masera and Toporiseri because there are no good roads. I believe that Zimbabwe has been taken by people who know how to rule this country. From
Independence most things were moving well although there were no schools but the President realised the need to have many schools and many hospitals and he even introduced the Presidential scholarship scheme. I thank the President, Mr. Speaker Sir for the job we done.
After colonialism, we realised that there were no universities, but the President Cde. Robert Gabriel Mugabe, working in conjunction with the late Cde. Joshua Nkomo was able to improve many things. The President has managed to take over from whatever Cde. Joshua Nkomo was doing. Yes, we agree we had eyes to see and ears to hear but were not able to do anything. Now that the country has been taken by people who know how to rule, Mr. Speaker Sir, I agree that we are now able to work with the eyes open and able to see. Children are now going to school and are able to get help from hospitals. Zimbabwe has managed to attain its independence and I believe that it will rain and this will be the end of drought because the country has been taken by people who know how to rule. Even our opposition, I know that no one will agree that they are wrong but I know deep inside they are able to realise everything wrong that they were doing. I thank you Mr. Speaker Sir.
- MAVIMA: I would like to join the debate on the statement by the President on the occasion of the opening of this Session of the 8th Parliament. I would like also to join my colleagues in congratulating you on being elected to the position of Speaker. I would also want to congratulate all my colleagues in the House for being elected as members of this House.
Mr. Speaker Sir, I think there are three or four pertinent issues that the President raised during his presentation to Parliament. The first issue that I would like to address is the issue of agriculture. I come from a Constituency as well as a district whose economic mainstay is agriculture; mainly the production of cotton. I come from Gokwe. We, at this particular point in time, are faced with a difficult situation especially with regard to the low prices offered to cotton producers. A whole district’s economy is imperiled by this situation. I think what this does is to say we should put on our thinking caps and think of ways in which we can diversify our economies. We should come up with new production systems, new crops alternatives to the traditional crops that this district and other districts in this country have relied on for a number of years. While I am at that, I would like to encourage a general consideration for revamping our entire small scale agricultural system. In order to do that, we can never over emphasise the importance of water development – especially the harvesting of water in smart ways; ways in which we can conserve both water and the soil on which we plant.
There are, as we speak in this country; productivity systems which could raise the yield per hectare of maize to levels like eleven to twelve tonnes if we employ the appropriate technology. I think this country does not have a crisis of agricultural land but it does have the crisis of water. We can use technologies like drip irrigation on small pieces of land like half a hectare to two hectares per family. We can also introduce a system where we can harvest three times a year. It will be possible to achieve some of the statistics that Hon. Kuruneri referred to.
This country needs to take serious attention to those issues.
There has been debate in this House about the revitalisation of industry. Mr. Speaker Sir, I think that debate has, to a larger extent been barking up the wrong tree. I hear every one referring to the revitalisation of the old industries that we had. Most of them have become archaic and unproductive. There is way in which a new orientation can be taken to the development of industry and a small industry approach with a lot of agility led probably by young Zimbabweans under our policy for indigenisation and economic empowerment, but using technologies some of which come mainly from the East; small, agile and competitive. We have the advantage of having an educated population of youngsters who can lead this development.
These industries need to be predicated upon agriculture and mining. We have abundant resource in agriculture and mining. We need to take advantage of our empowerment policies in order to ensure that we develop a new industry that puts Zimbabwe at a level of competiveness.
Mr. Speaker Sir, all this development can only take place within the context of a massive infrastructural development programme.
Infrastructure is an enabler for everything that we do; for energy, water, ICT, roads and transportation. I am glad that His Excellency emphasised the need to pass the Bill on triple Ps during this session of Parliament. Triple Ps will allow us to utilise an innovative way to fund our infrastructural development. It ropes in the technical capacity and financial capacity of the private sector in the development of infrastructure. It can allow us to develop infrastructure throughout the full gamut of our sectors including schools and hospitals.
In the funding of such infrastructural development, this country can leverage its abundant mineral resources in order to come up with payment arrangements over a period of time. I think we are in a good place to make these developments a reality.
The last issue that I would like to touch on, Mr. Speaker Sir, is the issue of higher education. We can never have ample economic development without a corresponding, innovative, dynamic higher and tertiary education system. The funding situation that currently exists in our higher and tertiary education system is a good thing that has positive externalities. If someone gets it, the benefits are not to that person
alone, but to a wider society and to industry. If we leave families and individuals to provide this important service without adequate Government contribution, we are going to have inadequate provision of the service. It behoves this Government Mr. Speaker Sir, to urgently address the issue of Higher Education funding in order to make sure that those young bright minds that we have in our school system can access grants and soft loans that will help them to pursue their aspirations and dreams as far as their education is concerned.
On that note, I would like again to thank the President for a precise and concise statement on the programmes of his Government as well as his Government’s legislative agenda for this Session of Parliament.
- MUSANHI: Thank you Mr. Speaker Sir. Firstly, I would like to congratulate you on being elected as Speaker of this august
House. Secondly, I would like to congratulate His Excellency the President of the Republic of Zimbabwe for winning resoundingly in the harmonized elections. Thirdly, I would like to congratulate my fellow members here for being elected to this august House.
Mr. Speaker Sir, I would like to touch on the President’s speech on
agriculture and it being the mainstay of our economy, I see it fit that it should be supported. I am happy that the President in his wisdom actually said that we have to empower our farmers by giving them inputs. But, I would like to add on to this, by saying that, if inputs are given to the farmers, they have to be given timeously and I repeat timeously. Mr. Speaker, because being a son of a peasant farmer, who grew up on land, my father used to plant the maize in October and we were assured of a very high yield. It was in excess of ten tonnes per hectare.
Mr. Speaker Sir, we were not using any modern equipment in terms of irrigation. My father used to have a water-cart that had two drums on it. We would then dig some deep holes and you would fill those holes with water and plant the maize. The maize would always come to the knee level if you put water to that level. Most of it would actually meet up with the rain that would be coming from the sky but would already have germinated.
The President also touched on the pay increases for our civil servants. I think it is a very noble idea that civil servants be well remunerated and maybe this will reduce the so called cancer of corruption. If people are well remunerated, I think that they will see value in their jobs and start doing the right thing. I do not want to agree with some tendencies that corruption is here and it is cancerous. I feel that corruption is still curable in this country. I have been to countries in our region and there are some countries where you cannot depart without paying money. This is whether you belong to which party or whether you do what, you still have to pay something and that is very open corruption. That is in other countries, but in our country it is still happening clandestinely.
I feel that corruption is sometimes caused by need and if we give our workers increments, it would reduce it.
On roads and dualisation, I feel that in terms of the corruption tendencies that we see, some of them are so technical that you cannot see them with a naked eye. Some of these things, you need to bring in people who have the ability to unearth them. This is by reducing the materials that are used to dualise our roads by half and the roads can run on for a few months or years, then you will start seeing potholes again. But, you will find that the road was constructed well and no one is able to notice that there was something wrong.
By not putting proper mechanisms to look at the standard and the quality of what is being done on the roads, we will still be somehow shortchanged. I think we need to actually employ technical people to look at how our roads are being constructed.
On the environment Mr. Speaker Sir, it is very disappointing that very soon our wildlife will become extinct because of poachers who have become very technical in poisoning most of our animals. Mr. Speaker Sir, I think that this is a cancer which is still in its early stages and if proper measures are taken, this can be stopped. Without putting deterrent measures, we will not be able stop the type of poaching that is taking place in our wildlife sector.
It has become common knowledge that some people are exploiting minerals in most of our rivers. At the end of the day, we are going to have no rivers at all as all will be silt. I think, urgent action needs to be taken to stop the exploitation of minerals in our rivers.
On that note, Mr. Speaker Sir, I would like to end here.
THE MINISTER OF STATE FOR PRESIDENTIAL
AFFAIRS IN THE PRESIDENT’S OFFICE (MR. MUTASA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 26th September, 2013.
On the motion of THE MINISTER OF STATE FOR PRESIDENTIAL AFFAIRS IN THE PRESIDENT’S OFFICE (MR. MUTASA), the House adjourned at Twenty-eight Minutes past Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 26th February, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
MOTION
BUSINESS OF THE HOUSE
THE CO-MINISTER OF HOME AFFAIRS (MR MOHADI): I
move that Orders of the Day, Numbers 1 to 3 be stood over until all the Orders of the Day have been disposed of. Motion put and agreed to.
MOTION
RATIFICATION OF THE UNITED NATIONS CONVENTION FOR
THE SUPPRESSION OF THE FINANCING OF TERRORISM
THE CO-MINISTER OF HOME AFFAIRS (MR MOHADI): I
move the motion standing in my name:
THAT WHEREAS Subsection (1) of Section 111B 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;
AND WHEREAS the Government of the Republic of Zimbabwe
now desires to accede to the United Nations Convention for the
Suppression of the Financing of Terrorism;
AND WHEREAS Article 25 of the aforesaid convention provides
for the deposition of instruments of ratification with the Secretary
General of the United Nations;
NOW THEREFORE, in terms of subsection (1) of Section 111B of the Constitution, Parliament resolves that the aforesaid Convention be and is herby approved for accession.
Let me prefix my remarks by saying the following, the Convention before Parliament seeks to oblige the Zimbabwean Government to accede and thereafter ratify the Suppression of the Financing of
Terrorism as was adopted by the General Assembly of the United Nations under Resolution 54/2009 of December 1999. To date, 180 countries have signed, ratified or acceded to this Convention. The convention entered into force on 10 April 2002.
Zimbabwe is not a signatory to the Convention. However, it has committed itself to work with the Financial Task Force (FATF) and the
Eastern and Southern African Anti-Money Laundering Group (ESAAMLG) to address its anti-money laundering/combating the financing of terrorism (AML/CFT) deficiencies. The fact that
Zimbabwe is a member of the FAFT, which is a mechanism under this Convention, made it mandatory that we accede to the mechanism under this Convention. If we were not going to do so this February, we were going to be sanctioned because we will not have acceded to it. The fact that Zimbabwe is a member of this mechanism under this Convention made it therefore mandatory that we accede to this Convention before the meeting of the FAFT, which as I have said, was supposed to be meeting in February. This has since been done in Section 31H (5) of the
Constitution as amended, which states that, “in the exercise of this function the President shall act on the advice of Cabinet, except in cases where he is required by the Constitution or any other law to act on the advice of any other person or authority.” This motion then formalises the procedure and we are out of danger.
The effect of the economic sanctions was that the country was not going to be able to transfer money outside the country or receive money from other countries. The sanction was also going to have a negative impact on both regional and international trade that predominantly relies on money transfer.
The convention seeks to suppress the financing of terrorism and enhance international cooperation among member states in the fight against terroristic activities. Mr. Speaker Sir, it is this, that has brought me before this august House, so that what we have taken as the Executive and on the advice of the Cabinet, that the President has since acceded to the Convention; that this Parliament now debates the Convention and ratifies the same and then deposit the instrument with the United Nations. I thank you.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Fifth Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
- CROSS: Mr. Speaker Sir, during the weekend, in the districts of Makoni North and Headlands, two homesteads were burnt with the loss of one young child in Headlands. These were both cases of politically inspired violence against ordinary citizens. In the case of the incident in Headlands, it was at the homestead of a headman in charge of Village 55 in the resettlement areas. This was the ninth such incident at his homestead which included the political rape of his wife.
I visited the homestead yesterday to meet the family and to console the parents. I want to tell you that these are absolutely unspeakable actions by people who are connected to political parties. I hope that this kind of incident is not going to become characteristic of the political campaign this year. I am one of the people who can remember vividly the events in 2008 when 20 000 homes were burnt. These were not the homes of rich people, these were the homes of the absolute poor. People who are completely defenceless and people who have no recourse. The political thugs who were conducting these kinds of actions must stand condemned by this House. Thank you.
- SPEAKER: Hon. Eddie Cross, I thought you were going to
also touch on issues that are of critical importance to your constituency however, it is up to you to what extent you want to debate under this motion.
- BHASIKITI-CHUMA: I would like to first of all pay
tribute to His Excellency the President for presenting to this House a well balanced speech and giving direction as to what, as Members of Parliament and the nation, we should look forward to, to better our own people. – [HON. MEMBERS: Akambotaura] – Handina kumbotaura –
[HON. MEMBERS: Inaudible interjections]
- SPEAKER: Order, hon. members, order, let us allow him to debate.
- BHASIKITI-CHUMA: Mr. Speaker, the President
highlighted the need to improve the status of our road network. I am pleased that those of us, who ply the Masvingo road, can confirm that our two worrying points have since been rectified. There was very big improvement. I also pay tribute and give credit to the Prime Minister for hastening that. I tormented him in this House and he assured us that he was going to do something and he did it. We are very grateful for that.
We can see the Harare-Plumtree road; there is progress on this road. I want to point out that in terms of planning, our BeitbridgeChirundu road is the most commercially active road. I think those into planning should give it priority over any other road in this country. They need to dualise it so that there is less congestion and to avoid carnages along that highway. The accident rate along that highway is quite high so much that there is need to consider prioritising and speeding up the dualisation of that road.
Mr. Speaker Sir, His Excellency pointed out the need for us as a nation to observe peace and to be united and focus as one people, defined by one national flag. Mr. Speaker, I know that when the President speaks, he speaks to the rest of the nation. It remains to us, to implement, to assist in actualising that dream and those expectations.
Mr. Speaker, it is sad that you could here in some incidences which could also even point to some of us hon. members instigating violence. I think this is quite disrespectful of this advice given by our leaders. It should start from us hon. members to preach and demonstrate peace and make sure that it happens every day. I do not want to pick up incidences like Hon. Cross was now beginning to say because violence is bad wherever it is carried out. Intra-party violence, it has the same condemnation with the one which is perpetrated against political parties. We do not expect to see it in our country as we go for the Referendum and the General Elections. I urge those responsible for seeing to it that there is peace and order to bring to book all the perpetrators of violence. They must bring to book those who instigate and those who carry out violence. These people should face the wrath of the law.
Mr. Speaker Sir, I also want to congratulate His Excellency for pointing out that they were still patiently waiting to see the finalisation of the Draft Constitution which was finalised. I want to give credit to the three Principals for guiding our nation and allowing our nation to go for a Referendum on the 16th of March, 2013. I think this is a very positive step towards rebuilding of our nation and positive development in our nation.
Mr. Speaker Sir, one of the most important points which His Excellency pointed out is that as a nation, we should be responsible for developing our own country. We should not look elsewhere for the development of our country. As I heard the news that we are running short of funds to carry out our Referendum and Elections and that plans were mooted to look elsewhere but suddenly wisdom prevailed. Mr. Speaker, we are now looking for those funds within our own nation. I think we should be proud of that. We must give credit to His Excellency and his team of Principals in demonstrating that our solutions are home ground. There is a lot of money in our country which we need just to tap and to put together in an organised way so that we finance all our activities. I think we should bury this idea of trying to look elsewhere for funding because you would know that very small States with a population of less than two million are good at donating to us, when we know that resources in their countries are much less than the resources in our own country. I want to thank His Excellency for demonstrating that as Zimbabweans we can solve our own financial problems.
Mr. Speaker Sir, I also want to talk on the issue of voter registration. Our people are patiently waiting to be registered. As we go to these General Elections, it is important that every citizen of
Zimbabwe be accorded the right to vote. We have challenges in most of the communal lands, like Mwenezi, for instance, where I come from. People travel for more than 100 kilometers to go to a district centre to go and register to get a certificate and a registration certificate. This is quite strenuous, coupled with the fact that our rain season was not very good and people do not have the money to pay for transport costs. Government should put quick measures to ensure that this voter registration is carried out at ward centres in each ward. This will go a long way in assisting our people to go and register in numbers. We want it to be done in time so that by the time we go for any election, everyone who has the right to vote will be that chance to vote because you would have registered in time. So, I still urge and ask the leadership in Government to ensure that voter registration kicks off in various districts and at ward centres.
Mr. Speaker Sir, His Excellence pointed out that no one in Zimbabwe will die of hunger because of the drought. This is a very noble gesture from His Excellence because it shows that there is concern to take care of the majority of the people who were struck by the drought period last, who do not have food. This exercise is receiving very little attention from the GMB or the Government departments that are responsible for the carrying and delivering of food to various districts. As I speak, in Mwenezi, people have gone for two months without food relief. If those with the money to buy the food go to the GMB deport, they cannot even get one 50kgs bag of maize. So, I think this is a worrying and very desperate situation which we urge Government to intervene and send grain to drought stricken areas where people are now starving to death.
I am happy that I am saying this when the Prime Minister is in the House. I think he will take corrective measures to intervene in this matter because it is of a serious nature.
Mr. Speaker Sir, I would want to end by reminding the House that as a nation and as members, we should try and help two very important organs of our state which are functional at the moment. These are the
JOMIC and the Organ of National Healing. We should join and assist in their day to day activities as Members of Parliament. We know that their duties are, a call for peace, that peace begins with me and that peace begins with all of us. If we cannot urge our subordinates in different places, I think we can render JOMIC irrelevant. It goes around trying to solve problems where they would have been created by violent prone individuals.
My last plea is to urge my colleagues to go and preach peace and the abstinence from violence.
- DZIRUTWE: Thank you Mr. Speaker Sir for giving me this opportunity. I have not responded as early as I should have because
I was hoping to see some fruits bearing from the President’s Speech. In
1980, I listened to the President’s Speech and we were all inspired as a nation. Over the years things were changing. When the President spoke, we were inspired to do a lot of things, gore remasimba evanhu, gore rezvakati zvakati. We were all inspired, but the last speech was the same old speech. It ceased to inspire me anymore, maybe the other members are inspired, but I am not any more.
The reason why I say so is that, I have the feeling that some warlords have long since disregarded what the President says. He talks of peace but some of the people go to the Defence College and talk about soldiers meddling into politics. The President talks about compassion and other members go about inciting violence. So I am not sure whether the President is being listened to anymore.
When the President opens Parliament, we are supposed to get a cue on how he intends to see things happening but of late, that is not what has been happening in Zimbabwe. Many times, he has talked about bringing as many Bills as 20 to Parliament and when we are through with that year; at most, maybe five or six Bills would have come to this House. Nothing is happening according to the way he speaks.
Mr. Speaker Sir, the President spoke about no violence during the elections but violence is happening. Just as recently as yesterday, when I was addressing a Constitutional meeting in my constituency, members from the President’s Office disrupted my meeting. They do not even understand that the President and other Principals in this Government have given us explicit instruction to go and explain the Constitution to the people. Members of the President’s Office go around disrupting meetings with impunity. I have got a feeling that nothing is going to happen to them. In our state, we are supposed to have everything but we have got nothing because no one is paying attention to the President anymore. He talked about the road construction, but we have been waiting for three years for something to happen between the Beitbridge and Chirundu Road. So far, the Plumtree to Mutare Road is undergoing some reconstruction but everyone in Zimbabwe would have expected us to start dealing with Chirundu/Beitbridge Road. Something is not happening because you hear all sorts of silly excuses, I must say. They would say there is litigation going on because a company called the Zimbabwe Highways had won the contract but they do not have the capacity; while people are still dying whilst people are squabbling about what should happen.
I would also like to talk about the general economic situation in this country where nothing is happening. I want to assure you, I think other members in this House are facing the same problem that the people in Glen Norah do not have jobs and they are struggling. They owe the City of Harare, ZESA, the schools and even the neighbours. I too, am owing the City of Harare because I cannot afford to pay. Despite what the President has said, nothing seems to be changing. The Speech was made sometime in September and we are two to three months away from closing this Parliament but we do not have anything to tell our people.
Our people will say hon. members, what have you done as a Member of Parliament? To be honest, we have come here and there was no consistence in the sitting of the House. We sit for two to three days and we adjourn for the next two months before coming back. It is so inconsistent and we were waiting for the inspiration but we did not see it. Those who were inspired by the speech can raise their hands because for me, I was not inspired – [HON. MEMBERS: Hear, hear].
The last item Mr. Speaker Sir, is on the issue of corruption. We were all waiting to see at least one or two people getting arrested before going into the elections sometime in July, August or September, there about. So far, besides the poor and old Mr. Madiro from Manicaland and I have a feeling that he is going to get away scot-free. I do not think anybody is going to be arrested.
Mr. Mliswa I am told, who beat up one of our Members of
Parliament, a lady for that matter. People are not supposed to beat up ladies and nothing is going to happen to him. When I say I was not inspired Mr. Speaker, I am speaking the truth and people in Glen Norah are still waiting for the inspiration from a man who used to hold the nation captive. Mr. Speaker, I thank you.
- H. MUDZURI: Thank you Mr. Speaker. When we talk
about the Presidential Speech, we want to interrogate the effects of his speech. I can walk this House through some speeches that were given by prominent people – some presidents and some prime ministers. I can take an example of the Civil Rights Leader, Martin Luther King, he gave his I have a dream speech and his dream was later fulfilled and America was different because of the speech.
I take an example of Winston Churchill, the Prime Minister of Britain, he talked of I have my blood, tears and sweat but he inspired the nation to fight on in the Second World War. I have J.F. Kennedy who was the President of America, when he said, “ask not, what the country can do for you but what you, can do for your country.” Also that speech, two years later, a man was found on the moon. It was just because of that inspiration.
Then we will say, if , let us look at the Speech by the President, we are saying what inspiration were we given, what fundamental change did the nation experience or what paradigm shift did we follow? Yes, like what other members have said, in his speech, he preached peace. He was against political violence which he always say these days “munorwirei?”. If I can quote him, but, that is the talk. What is the walk? What is on the ground?
We are worried and we are concerned that are we saying the
President says one thing to the left and does the other thing to the right?
Is it sheer hypocrisy, he feels sincere or there is gross indiscipline in the party? Whichever, the nation is experiencing horrific events. I can take an example of what the last speaker has said whereby the same party tasted their own poison when Hon. Mahoka was attacked at Zimonja Business Centre, when we are two/three weeks to go for our Referendum. What message are we sending to the nation and to the President himself?
Mr. Speaker Sir, we also have the issue that has been referred to of Headlands. What is surprising is that after such incidents, no one is arrested, which means is it lack of the will power of the ZRP which the President actually is the leader. We know if the President should say something, the police should be active but alas, what do we get from the police? They say their hands are tied
As I am speaking here, the Zimbabwe Republic Police can be renamed the Zimbabwe Roadblock Police since that is now their corebusiness. They are now found after every two kilometers, there is a roadblock and they are now well known for corruption and for attacking the civic organizations. They are now also well known for trivial things like banning a mere radio which is something which is not very new in this country. It is something which was there long back and it is archaic – a radio. Are we going to have peaceful elections or make informed decisions if we are going to operate in this way?
In his speech, the President also alluded to peaceful existence but our traditional leaders still are against co-existence of their subordinates like when one is supporting MDC and others are supporting ZANU PF. Our traditional leaders are not yet weaned from the previous mentality, conditioning and conditions that they lived. They still think that they are traditional leaders because of the blessing of somebody or some other party yet this is a thing that has to do with their families. So, Mr. Speaker Sir, I think that the President, unless when he indicates right, he turns right, we are forced to think that he is just a hypocrite, I thank you.
- M. SHOKO: Thank you Mr. Speaker Sir. Let me start by thanking the Principals to the Government of National Unity for preaching peace, unity and harmony in diversity. In fact, that is as it should be. We have as a nation travelled a very hard and arduous journey over the past four years. It is a journey that was characterized by a lot of suspicion, mistrust which is sometimes real and sometimes just imagined but we managed to go on. Unfortunately, we have, just as we talk about the Referendum and elections, began to see serious setbacks to our new found relationship. In Chitungwiza, just last week, we had youths and other people trying to tell people about a rally that we wanted to hold on the 24th and of those people, seven were injured. Of the seven, two had to be hospitalised, one is still in hospital to this day.
In fact, it looks like we have become a nation of deceitful people, very fraudulent and it looks like it has become a culture. What a person says is not what a person practices during the day. We all would condemn corruption - I have attended various meetings where the
President, the Prime Minister, the Deputy Prime Ministers, the Deputy Presidents, Members of Parliament, civic leaders have condemned violence and yet violence continues. Perhaps we would want to know, who in Zimbabwe continues to have the audacity to defy the Principals to the Global Political Agreement and the GNU? Who really is doing that?
Members have already spoken; surely, we do not expect that after the President has made it clear that in the nation we would not want to see violence. Then we have people continuing to beat other people and nobody is arrested. Has the President ceased to be Commander-inChief? If he is still Commander-in-Chief of the armed forces, including the police – surely, we expect some action of some sort.
Remember, this is what has brought on our nation, targeted measures that some people call, ‘sanctions’. Surely, there is no nation that would want to trade, that would want to relate with a nation …
- SPEAKER: Order, order. Hon. member, please address the Chair.
- M. SHOKO: There is no nation that would like to trade, that would like to have relations with a nation that beats its own people - that will continue to be a problem in this country. Notice that after the consummation of the Government of National Unity, one would have expected an influx of foreign direct investment; that there would be local investment as well, but there is nothing that is going on. Nobody is willing to invest in a country that is so violent towards its own citizens; where rights of citizens are trampled upon; where rights of citizens are blatantly ignored by the State.
We are very good at theories. I believe Zimbabweans are excellent when it comes to theories, but when it comes to practice we fall far short – dismally short. We have, as a nation, to change our attitude and try to do what we say we want to do - instead of saying one thing and then you do the other thing. Indicating left and then you turn right; indicating right and then you turn left – this is the problem that this nation has.
We should be able, as a nation, to welcome other citizens provided, of cause, they observe our laws, but we cannot be seen to be discriminating against one nation. It has become a global village; you cannot expect that we survive without the Chinese, that we survive without the Americans or the British. We must have them; we must understand their fears - [HON. MEMBERS: Inaudible interjections] - yes, we must understand their fears, after we have understood their fears, we try to address those fears and then move together in a globalised village.
Mr. Speaker, it is saddening to note that four years after the consummation of the Government of National Unity, we continue to have people injured; maimed or raped and that without our police force taking any action. I thank you.
- MAVIMA: Thank you Mr. Speaker. I would like to add my
voice to the President’s Speech, but firstly, let me state my total and utter disappointment at an hon. member who rose to state that the
President …
- SPEAKER: Order, order. Hon. Dongo, order.
- MAVIMA: Let me state my utter disappointment at an hon. member who rose to state that the President is, ‘a hypocrite’ by preaching peace and at the same time allowing violence to occur. If he was not inspired by the speech, maybe it is his lack of understanding of the Queens’ language. Some of us were very inspired and continue to be inspired by the President of the Republic of Zimbabwe as he gives us direction now and again. It is not his problem if you do not listen to what he says; it is not his problem if you do not implement what your leaders say.
The same can be said about the Prime Minister. The Prime Minister spoke many times about peace, but we have also seen violence happening in his own party, but nobody has called him a hypocrite. We should not discriminate based on partisan positions. It is clear that the President, if it were a company, would sure be on the Board of Directors – which he is in this case when you take the Principals together.
It is not their duty to implement the policies which they articulate; there is an Executive which is selected by all the Principals. In this case, we have a situation where we have co-Ministers of Home Affairs – Minister Teresa Makone and Minister Kembo Mohadi. If I recall, I understand the Prime Minister, summoned the two sometime last week in order for them to explain certain activities/actions that affect their Department/Ministry which they head. I would hope that as we go towards the Referendum, as we go towards elections that these coMinisters are truly made accountable for the Ministry which they head.
The Ministry of Home Affairs is one ministry which has two Ministers – unlike other ministries which only have one Minister. Surely, these two should be able to control issues of violence in this country and not to shift the blame on one man. If and both ministers are unable to control, there are always other arms of Government, the legislature and judiciary which should come in and ensure we do not have violence anymore. Violence is an evil aspect of our society. It is an aspect that destroys the social fabric of society, something that destroys ubuntu bethu, hunhu hwedu. We should all condemn it in the strongest way possible.
We should be clear as to whom we apportion blame. As honourable members or as legislators, that is the most and first fundamental thing that we should understand. I would believe also that the Ministry of Finance should find the necessary resources to equip the police so that they are able to react as quickly as possible when incidents of violence occur, and not to expect the victims to provide the transportation when they are needed by those people.
It is unfortunate, Mr. Speaker Sir, that this debate has taken this long to be concluded. We would have hoped that as we edge closer to the Referendum and the elections, we would go as a united nation seeking once and for all, to eliminate the issue of violence.
- MUTSEYAMI: Good afternoon Mr. Speaker Sir and good
greetings to the House, hon. members. First and foremost, I need to add my voice with regard to the Presidential Speech by His Excellency. As parliamentarians, we have heard the Presidential Speech in this House. We heard it sometime in September and the President talked about the Constitution building which has come up with this Draft. The Draft now is to go to the people, to sell the whole thing so that the people will go for a Referendum on the 16th of March to vote yes, I presume.
I think it is anybody’s brain that this programme belongs to the parliamentarians and the idea of selling the COPAC Draft must be within the parliamentarians. That responsibility of telling the people, I think it has to be bestowed to parliamentarians. But, alas, we have had a situation whereby we are being advised to go to the constituencies, various constituencies to teach the people, to tell the people about what is within the Constitution so that the people will learn before they vote. There is no funding to that project for a maximum movement of parliamentarians to achieve results.
The President really emphasised the importance of the Constitution, but I am sure Government is forgetting the part of mobilising Members of Parliament to make sure they achieve results when they go out to the people, bearing in mind that whenever you need to travel, you will need fuel and everything with regard to the vehicle to move. You do not just necessarily move. We have had the Presidential
Speech then and the President was emphasising the issue of the Inclusive Government, that it must come up with an election. This election must be a non-violent election.
I remember the day the President made the speech, he was actually pounding on the table, and it should be about three times when he was saying no to violence. The President when he was saying this issue of peace, I saw the level of genuinety in the presentation. I believe he was sincere, but we have seen problems with regard to the lieutenants, especially in the security sector. When they are supposed to move the notion of peace, we have seen them going astray against the presentation done by the President in his Presidential Speech. I appeal to the President to look very carefully to his lieutenants, especially those to do with the security sector, as to whether they are really listening to the President or they are now listening to someone whom the President does not know.
On the Presidential Speech with regard to a free election without violence, I think that was a good move done by the President. We have seen other principals talking about peace. The Prime Minister, Dr. Morgan Richard Tsvangirai, has as well, emphasised the need to have a peaceful election which should be respected and endorsed by the international community and respected by our SADC and the African Union as well. It is an election which should be blood free, an election which has the spirit of God in it.
The President must look at individuals, especially those who are purported to be belonging to his party. I would not know whether they are from his party or they have defected simply because they are not listening to the notion of peace. I appeal to the President to emphasise and to really knock sense in some security officers, to look at the issue of peace strongly for them to implement that process for everyone to listen, follow and make sure that peace is prevailing when we are going to a Referendum and when we are driving towards a general election.
I think it must be noted that throughout this country, we have seen quite a number of situations where violence has taken place. Though there might be pockets, but the matter of the fact is that, we have seen violence and as result, I appeal to the community at large, Members of Parliament and the Principals to emphasise the need for peace, violent free election and a violent free Referendum.
We have heard on Saturday of the demise of a boy, a 12 year-old boy who was burnt beyond recognition, belonging to a Deputy Organising Secretary of the MDC-T, Mr Maisiri in Headlands. His son was burnt beyond recognition and there is a high likelyhood that this burning of the house is purely politically motivated. I appeal to JOMIC and the leadership at large, to make sure that this kind of a situation does not prevail and does not go unabated.
I appeal as well to the police to investigate strongly, thoroughly, sincerely and to come up with the perpetrators and arsonists if they are there, for them to be brought to book and to be arrested, not for us to emphasise that, whenever we are raising issues of violence or those who died as a result of violence; we have had scenarios whereby the police would emphasise that let us not dwell on the bygones, this issue is to do with COPAC. This issue is to do with JOMIC and this one is to do with the Principals. If someone is dead as a result of having been killed by someone, it is a political case and it must be investigated. The perpetrators must be brought to book. We have had situations whereby we have had Talent Mabika and Chiminya who were killed in broad day light and the perpetrators are well known but up to today, they have not been arrested.
We have had situations whereby we have had Tonderai Ndira who was taken from his house in Mabvuku and was killed. We have had the issue of Bakachesa and many others who have died as a result of belonging to a political party and most of them in 2008; it was as a result of belonging to MDC-T. I appeal to the Police to be very much professional, apolitical and to be very much non-partisan to make sure that they implement their responsibility in accordance with the Constitution and the Service Charter.
In conclusion to the short contribution towards the Presidential Speech, the President spoke about the minerals that we have in this country. It is very clear that in Manicaland, at a place in Marange, in Chiadzwa village, we have had a sprouting of diamonds. So many companies have been opened there Madam Speaker. When we look at the originality of most of these companies, some of them are involved with managers who have dirty records and who were involved in dirty things. Some of these companies are involved with people who have been known to be somewhere where they have been extorting funds, maybe in the Democratic Republic of Congo (DRC).
My appeal is directed to the Principals. They should look at the value of these diamonds and where they are coming from. If you look at Chiyadzwa area especially Marange, people there are suffering as a result of drought. There is food shortage and the roads are bad. We hardly have clinics there which are well equipped, whereas we have a lot of these diamonds. I appeal for them to prioritise the areas which have got those diamonds and make sure that these people benefit somehow from the minerals coming from their place.
Lastly, we have had pockets of drought in Manicaland. In the
Presidential Speech here, there was an issue of the Government Grain Loan Scheme meant to help the communities with regards to the drought, but we hardly have the grain and the majority of the people do not even have access to the grain. There is a promise that was made that there will be a Grain Loan Scheme which will be given to the people who will repay when they harvest in the next season.
This season is likely not to bring us a good harvest again due to lack of rains in other areas. So, my appeal to the Principals is for them to look into this issue clearly with regard to the Grain Loan Scheme. If it is possible, which I believe is, they should approach the international community especially the World Food Programme (WFP) so that they can roll out a new programme to bring food to the people so that they can have something on their tables from the Non Governmental Organisations. It is not good for us to always thrive on pride whilst people are suffering of hunger and starvation.
We cannot appeal to the international community to bring us food on the pretext that we will give them the Grain Loan Scheme which does not come anyway. I appeal to the Ministers involved and the Principals to look into the importance of approaching the WFP inorder to attend to the drought prone areas where people are suffering so that they can give them food and make them survive. I thank you Madam Speaker and I thank the House for listening carefully to one of their colleagues whilst delivering a powerful speech. I thank you.
*MR. VARANDENI: No one is going to listen to an old man
because of his age although all of us here are saying he is the President. What pains very much is to see such an honourable man walking out of Parliament and being beaten outside Parliament and then nothing is being done. When I go to my home area - Bikita – you will see that the Police Officers wake up so early to mount road blocks but they are not hunting for murderers. In 2008, in my constituency, many houses were burnt down and many people were murdered, beaten, including me here. I was beaten. It is very painful to hear that Hon. Mahoka was also beaten.
When I was coming from hospital, I came across Hon. Mangami and she said to me, “Where were you when you were being beaten?” Today, we see that happening to Hon. Mahoka. You will see that a murderer is a murderer. Now we are sympathising with Hon. Mahoka because it was men who beat her up. Maybe one would say even if she was in the wrong, you could not beat her because she was a woman. It is not like that.
What we are saying is, if the President has spoken, like in our party, if Morgan Tsvangirai speaks, we take heed. In ZANU PF, you will find that when the President speaks, everyone will be saying we are also Presidents so no one would listen to the other.
Honestly, if you look on where we came from in this country, we should not say we came from Zambia because I know where the Chimurenga struggle came from. I was pleased by the names that the honourable has mentioned. I know the names which were given to the people like Goreramasimbaavanhu. During that time, people worked for nothing and I am privy to that. We were saying the country is now ours and we can work for the country for no payment.
Coming to Gukurahundi, people were killed in Bulawayo and Matabeleland as a whole, but no one was arrested for the act. In 2008, there was what we called Jambanja, where instructions where given that you should not kill the Ndebeles because they were killed during the Gukurahundi but in fact kill the Mashonas so that we will have equal numbers and I always say that came from the Presidential Speech. We know everything and we have it on record.
This is very painful because we now have 32 years with the President and we should respect him, especially considering his age and more emphatically, the members of ZANU PF. However, no one listens to the old man and at the same time you do not want to change and look for another candidate. My father died when I was grown up and I know how notorious I was. I knew that even if he would try to run after me, he would not catch me. So, this is exactly what is happening and whatever the old man says, no one will listen to him because he will not be able to keep up pace with the young people.
I also really feel pained when the Police are interfering with the media when they are taking radios that are helping our people. Radios that are made in Zimbabwe are also transmitting Studio 7. Those radios that they are taking, are they only transmitting Studio 7?. This shows that these policemen lack training. Most of the policemen came through the Border Gezi training.
When I was growing up, I knew that policemen were trained to be wise and soldiers were trained to be fools. In 1974, I could have joined the police force. We were told that as a policeman, you had to be wise so that you are able to investigate. Our police officers these days are coming from the Border Gezi training where they are fed with propaganda and after that they join the police force. They do not know that they are supposed to investigate and then arrest people, they just arrest people. They are only looking at their welfare, that they should be happy. They are concerned about what ZANU (PF) has done for them.
As hon. members, I think we should unite when it comes to such issues. We should sympathise with Hon. Mahoka. I was really touched by what the other hon. member said, that with her light complexion, how someone could beat her. If she was beaten on her face, she would be dark having remarks when she comes to Parliament. If it was me, I was going to be deterred by her light complexion because I would not know where to beat. The police force should leave the issue of radios. We want all kinds of radios in the country because all radios can be tuned to Studio 7. Most people rush to their homes when it is around 7, including the policemen to listen to Studio 7 because it is the only radio which tells the truth about what is happening in the country. Even hon. members in this House listen to Studio 7.
Madam Speaker, what is worrying me is that if your blanket is stolen and you see someone using your blanket and you tell the police, they will tell you that you do not have proof. Even if you show them the blanket, they will not agree. Now we are all slaves. In Bikita we say that if you spend a lot of time working at the courts, you will end up being a criminal. People are no longer listening to the President now because he has stayed for long but everyone in ZANU (PF) is now saying that the country is ungovernable because there is MDC-T. I have four wives and I speak to them nicely. I remind them of the courtship days that when we were in courtship, I would look at your face, structure and everything. When we fight, it means something is seriously wrong. Hon. Members, let us look at ZANU (PF). Things are not well, people are naughty and they do not listen to the President any more.
In conclusion, coming to my constituency, Bikita South, there is hunger because there is no rain. Roads were destroyed, Hon. Mahlangu was there, he just drove for 20 kilometers and he thought he was in a jungle in the forest. Maize coming from GMB is being directed to Ward 8 on partisan basis. Before it gets there, the maize is given to ZANU (PF) members. We do not know what is happening when the maize is dispatched from GMB. It is only ZANU (PF) members who are getting the maize. As Parliament, we should unite and listen to our President and Prime Minister, then our country will be one.
Madam Speaker, I have a grudge with the person who beat up Hon. Mahoka. I am not happy because it reminds me of the day when I was also beaten. I think that is the way that she was beaten. The pain that I suffered, I can even visualize her in such pain, it is really sad.
*MR. SITHOLE: I would like to thank you Madam Speaker for according me this opportunity to add my voice to the Presidential Speech. I would like to start by talking about hunger. If we look at provinces like Matabeleland, Masvingo, districts like Chiredzi, Mwenezi and Beitbridge, it is clear, we are all aware that these people lost their livestock especially cattle. If we look at the rainfall pattern, you find that those people are in trouble. The President spoke about the Grain Loan Scheme, I think that those people who are spearheading this programme should listen to what the President said so that people do not suffer. In Matabeleland South - I constantly visit that area because we are neighbours with Masvingo, you find that people have nothing. Those people who had 40 cattle are now left with only five cattle. They do not have anything to sell to survive.
The President talked about the issue of drought relief grain loan scheme but if the there are no implementers, then there is a challenge. In my constituency there is a place called Guluji, the people there do not have grazing land because of the rainfall pattern and they do not have food. There is a woman that I know by name, you can see that this lady is really suffering, no food to feed her children, it is pathetic. If a person is hungry, she will not be able to listen. Hunger and starvation are the same because people will not be having anything. Hunger is not good because it removes the dignity and morality of a person. Madam Speaker, I think looking at hunger, looking at people who lost their livestock, the Government should come up with a plan so that people are given cows restocking programme. If people are not given cattle as loans, it means that we will have hunger through out.
Coming to roads, the Government spoke of the plans to construct roads. If you look at places down in Chiredzi there, you find that there are challenges. You have listened from the radio and newspapers that there were cars that were swept away in Lundi River, people lost lives at Chilonga Bridge that is not the only place. If you come from Zaka to Chiredzi, we have four people that were swept away by the river in the tarred roads. You find that people are really in great danger. Areas like Chilonga Bridge need urgent attention to avoid more lose of human lives.
Madam Speaker, I think what should happen is that if someone speaks, people should implement. In the Bible, there is listening and doing. Ministers should listen to what Government says. This will really help us. The President also encouraged us as Members of Parliament and the Chiefs that we should unite and teach people whom we lead; it might be in Harare, in the cities or in rural areas. The way we are handling our resources, deforestation will be a problem in our country because we will be racing on the gifts that God has given us.
Coming to violence that others have talked about, to be truthful Madam, violence is no good to anyone. It is not good to the person who has done it and to the person who has encouraged it. Madam Speaker, violence does not help because all of us will suffer at the end of the day. As leaders, starting with us in this House, I think let us do our part by teaching our people not to be violent. Beating each other, it is a shame, it is painful. It does not matter whether it is ZANU PF or MDC which is perpetrating the violence, or people who are not aligned to any party, because they are there. In the end violence will just show that we are people who are uncultured, people who are disunited. We should come together and unite. I think the President in his Speech really spoke words of wisdom.
Madam Speaker, I know that there are some who are naughty because there are some beans which refuse to be cooked. We have those naughty people as well, but we say those authorities who are supposed to make sure that the law has been followed, they should do it. It might be in churches, political rallies and so forth, you must tell people that violence does not help us at all.
Madam Speaker, I would like to talk about energy. Looking at fuel, the
President said there is something that is happening. I want to touch on
Chisumbanje project. We have Committees that visited the area, the
Deputy Prime Minister also visited and he formed Committees. Madam Speaker, if only we knew that the people in Chisumbanje are pained when they look at what is happening. They do not have jobs, food and field, to till because their land was taken by the Ethanol project. I think we should come together. It does not help us to say who came up with this project because now the project is there. I think we should go for it.
Let us go behind this project because in the end it will benefit all of us. It does not matter whether in Mashonaland or Masvingo, we know that the project is in Manicaland but this project is not for Manicaland people only but it is for the benefit of the whole country.
Madam Speaker, I just want to encourage the other hon. members that we should speak to our honourable Principals and Ministers that they should help us in this project.
Madam Speaker, I would also want to thank the COPAC Team concerning the Constitution. The President talked and thanked people when he came to the Second Stakeholders meeting. It showed that we are together, although there were some challenges here and there but as a nation we came up with one thing. I would like to thank the leadership in COPAC, the Management Committee that they came up with the
Draft Constitution, now we have the final document which we are taking to the people. I am just urging all the hon. members that we should talk to people without violence so that all the people will vote ‘yes’. Looking at the Draft, I think this is the best paper that we have come up with. If we lose this chance, we will not get it again.
Madam Speaker, the President also talked about the big conference which is going to take place in Victoria Falls between our country and Zambia. I know there is something the Minister is doing in terms of our tourists. What I want to touch on is what about the ordinary people, what are they going to benefit? Is there a plan that communities surrounding will get help; either money or any ideas that at the end of it, at least they remain with something as a reminder that in 2013, this is what happened and this is where we are in terms of our wealth?
I think the biggest issue as Zimbabweans, what we should do is that we should say the truth and be united. Unity is a very good thing. People respect the words of elders. If a person is old, he is full of wisdom. If people do not listen, it does not matter who has spoken the words whether a child or a woman, a father or a pastor you just have to listen. As a nation, we should respect one another because tomorrow, it will be you. If you do not respect the person who is in authority now, tomorrow when you are there, people will not give you that respect because they will be having that in mind. I just urge you that we should respect all our leadership.
With these words, I would like to thank you Madam Speaker, that we should spread the gospel of non violence because no one is perfect. You find that when it comes to violence, all of us are involved because some encourage it. So those who are beaten and those who beat others should not provoke each other.
- D. SIBANDA: I move that the debate do now adjourn.
- CHEBUNDO: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 7th May, 2013.
MOTION
BUSINESS OF THE HOUSE
- D. SIBANDA: I move that Orders of the Day Numbers 6 to 8 be stood over until Order of the Day Number 9 has been disposed of.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
PORTFOLIO COMMITTEE ON MINES AND ENERGY ON THE
STATE OF AFFAIRS AT SHABANI-MASHAVA MINE ON THE
ORDER PAPER
- CHINDORI-CHININGA: Madam Speaker, I rise to wind up the debate on the Report of the status of Shabannie Mashava Mines which was presented to Parliament in 2011. Firstly, I would like to thank all those hon. members who made contributions to this debate who included, among others, Hon. Mudarikwa, Hon. Munengami, Hon. Cross and Hon. T. Khumalo.
Secondly, I would like to express the Committee’s disappointment with the responsible member of the Executive, namely the Minister of Justice and Legal Affairs. He was assigned with the administration of the reconstruction of the State Indebtedness and Insolvency Companies Act by His Excellence, the President from the initial stage of reconstruction of the SMM,…
THE DEPUTY SPEAKER: Order, order, Hon. ChindoriChininga. Can you first of all move that your motion be re-instated on the Order Paper?
- CHINDORI-CHININGA: Madam Speaker, I thought we
had done that already.
THE DEPUTY SPEAKER: I am told you had not.
- CHINDORI-CHININGA: We did that last week.
THE DEPUTY SPEAKER: You gave notice for that.
- CHINDORI-CHININGA: Madam Speaker, I move that the
motion relating to the First Report of the Portfolio Committee on Mines and Energy on the State of Affairs at Shabani-Mashava Mine (S.C. 10, 2011), which was superseded by the prorogation of Parliament, be restored on the Order Paper in terms of Standing Order No. 43.
Motion put and agreed to.
THE DEPUTY SPEAKER: Hon. Chindori, if you want to
debate, you can then seek the leave of the House to do that.
- CHINDORI-CHININGA: Madam Speaker, I seek leave of the House to debate the motion.
Motion put and agreed to.
MOTION
FIRST REPORT OF PORTFOLIO COMMITTEE ON MINES
AND ENERGY ON THE STATE OF AFFAIRS AT SHABANI-
MASHAVA MINE
- CHINDORI-CHININGA: Thank you Madam Speaker. I
rise to wind up the debate on the Report of the status of Shabannie Mashava Mines which was presented to Parliament in 2011. Firstly, I would like to thank all those hon. members who made contributions to this debate who included among others, Hon. Mudarikwa, Hon.
Munengami, Hon. Cross and Hon. T. Khumalo.
Secondly, I would like to express the Committee’s disappointment with the responsible member of the Executive, namely the Minister of Justice and Legal Affairs. He was assigned with the administration of the reconstruction of the State Indebtedness and Insolvent Companies Act by His Excellence, the President from the initial stage. The two mines were placed under his purview for the reconstruction, but he made no attempt to respond to the issues or recommendations that were raised in the report.
The committee is further disappointed that the Minister of Mines and Mining Development who administered the Mines and Minerals Act and the Co-Minister of Home Affairs who administer the Prevention of Corruption Act, made no attempt to respond to the issues or recommendations that were raised in the report that relate to thier areas of policy administration. The Co-Ministers of Home Affairs had a duty to respond to the issues raised in the report that touched on the Prevention of Corruption Act. The committee, through its oversight responsibility, sought to contribute to the national discourse in finding ways to resuscitate the two mines. The life of more than four thousand workers and sixty thousand people in the towns of Zvishavane and Mashava still hangs in the balance. The committee gave the responsible members of the Executive more than one year to respond to the report but up to now, no feedback has been given.
Madam, Speaker, I believe the failure by the responsible Minister for the administration of the Reconstruction of State Indebtedness and Insolvent Companies Act to respond to this report, lies in the manner in which the Standing Rules and Orders were crafted. Standing Order
Number 168 states that, “at the conclusion of debate on a report of a Select Committee, the Vice President or Minister under whose portfolio the matters raised in the report fall, shall, in all cases provide a comprehensive response within a period specified by the Business of the
House Committee”. This provision makes it mandatory for members of the Executive to respond to the reports of this House. Unfortunately, the Business of the House Committee has not set any timelines in which members of the Executive should respond to Committee Reports. This is a matter which the Standing Rules and Orders Committee (SROC) seriously need to look into.
Another weakness with this Clause is that, there is no sanction placed for the violation of this Clause. In any normal, functional democracy, there should be checks and balances between the three organs of the state, namely the Executive, the Judiciary and the Legislature. From the manner in which the Executive has responded to this report and many other reports, it appears as if Parliament cannot effectively hold the Executive accountable for its actions. This is an unacceptable situation. It is clear that, most responsible members of the Executive are aware of the Committee Reports on the Order Paper and it appears that they are willfully not complying with this Standing Order. If the Standing Orders had timelines, it would be easier to charge members of the Executive who do not comply. If Standing Orders had timelines, it would be easier to charge Members of the Executive who do not comply with the regulations with contempt of Parliament.
In other countries such as South Africa, their Constitution makes it mandatory for members of the Cabinet to provide Parliament with full and regular reports concerning matters under their control. This includes responding to issues raised in Parliament. At the same time, Parliament has the power to pass motions of no confidence on members of the
Cabinet who do not perform according to expectations or comply with
Standing Orders of Parliament. This puts pressure on Members of the Cabinet to perform and to be more accountable to Parliament. However, this is not the situation in this country. Members of the Cabinet should be reminded of their constitutional obligations and respond timeously to the concerns that affect people at grassroots level which are raised through their elected representatives.
In conclusion, it is the Committee’s sincere hope that at some point in time, dialogue will begin between Government and Mr. Mawere to find a solution which will be of benefit to the workers, the communities of Shabani and Mashava as well as the economic development of the nation. It is the Committee’s hope that the Executive will re-look at recommendations presented by the Committee and consider repealing or reviewing the Reconstruction of State Indebtedness and Insolvent
Companies Act as part of legal adjustment to be done after the new
Constitution has been passed and enacted as the supreme law of the land.
Last but not least, Mr. Speaker Sir, the Committee wishes to express its concern over the lack of debate in this House by hon.
Members. It appears there was a certain measure of hesitancy by hon. Members to make contributions on this Report. Parliament records show that only five legislators made a contribution on the motion, yet the debate touched on a very important national resource, which has the potential to generate substantial revenue for Treasury and for the nation.
The Committee Members believe that there is no need to take a partisan stance on issues of such national importance. After all, hon.
Members are protected by Section 5 of the Parliamentary Immunity and
Privileges Act. It states that there shall be freedom of speech and debate on proceedings in or before Parliament and in any Committee and such freedom shall not be liable to be impeached or questioned in any court or place outside Parliament. The institution has in place a law that protects and promotes the rights of all legislatures, including freedom of speech in Parliament. Mr. Speaker Sir, it is imperative that MPs are encouraged to debate freely without any fear or favour because that is one of the hallmarks of any independent and democratic legislature anywhere in the world.
With those few words, I move for the withdrawal of the motion from the Order Paper.
Motion with leave, withdrawn.
MOTION
BUSINESS OF THE HOUSE
- D. SIBANDA: I move that we revert back to Order No. 6 MR. CHEBUNDO: I second.
Motion put and agreed to.
MOTION
CONDOLENCES ON THE DEATH OF HON. SEISO MOYO
- CHEBUNDO: I move the motion standing in my name
that this House:
SADDENED by the tragic and untimely death of the Deputy
Minister of Agriculture. Mechanisation and Irrigation Development and Member of Parliament for Nketa Constituency, Honourable Seiso Moyo, WHO PASSED ON Thursday, 20th , December, 2012.
NOTTING that the loss shocked the whole nation in general and his constituency in particular, a dedicated, humble and down to earth leader.
NOW THEREFORE, this House conveys its profound condolences to his family, constituency, and party and the Nation as well as to all dedicated democrats.
EXPRESSES, its deep sorrow and sadness of the tragic unexpected
loss of life.
TAKES, this opportunity to celebrate the life of a man who rendered sterling human rights services to the nation.
- CHITANDO: I second.
- CHEBUNDO: Thank you Madam Speaker for giving me
this opportunity to move a very important motion calling for this august House to put on record the celebrated life of a distinguished colleague, the late Hon. Seiso Moyo, Deputy Minister who passed on on 21st December, 2012.
The motion calls for this august House to take this opportunity to celebrate the life of a man who carried out sterling work on human rights and worked very tirelessly together with others to ensure that this is achieved in an independent Zimbabwe.
Mr. Speaker Sir, if one was to look and recall what the book of wisdom, the Bible, says, it says that when the children of God speak in unison about something, and when they write and read in agreement about an issue, and when they do not contradict, it means that that which is spoken and agreed on this planet earth, is also written in heaven. God allows that. That is if his children speak in unison over something that they are in agreement with. What we are discussing here Madam Speaker, is a life of Hon. Seiso Moyo, a distinct leader, a colleague and someone who excelled in his role of representing the people in such a way that we are all in agreement that he was such a character that deserved to be praised, recognised for the way he lived as an all rounder and as someone who worked very well with colleagues.
Madam Speaker, I want to recall and I have observed that when Hon. Seiso Moyo passed on, almost everyone who knew him spoke positively about him, regarded him highly of good things even as a family member and even within the religious fraternity, within the units that he served and here in Parliament, almost everyone spoke positively about Hon. Seiso Moyo.
Madam Speaker, there are times that within our African culture when someone was not as positive as Hon. Seiso Moyo, people are compelled to speak good about that person simply because we have a saying in our culture wafawanaka. Even those that go to church, they know that pastors sometimes have torrid time trying to speak good about a person who was not good because of that. But, it is different with Hon. Seiso Moyo. Almost everything that we say and even those that spoke in private had every reason to state the truth, nothing but the truth of a man who he was.
Hon. Moyo was gifted, born in 1956, blessed with 5 children. He lived a Christian life as was testified within the religious fraternity – for those that attended the funeral services here in Harare and in Bulawayo at the Lutheran Church. Everyone who spoke, you would see that nobody stammered which shows that what was being said was true.
I said, many a time, when somebody speaks about somebody, just trying to glorify and say that somebody was good when that somebody was not good. You will find that sometimes you stammer because you will be lost for words, you want to be creative to come up with words that praise somebody when that somebody was not worthy of that praise. With Hon. Moyo, everyone that spoke about him was so smooth and flawless to the extent that you could see that one was speaking about the real life of a man that had done very well.
He was a true democrat, a Social Worker and a people’s representative. He represented Nketa Constituency in this august House. In Government, when he was appointed Deputy Minister, as witnessed by those that worked with him – they gave testimony of a man who he was. Like I said earlier, Mr. Speaker, this Motion is calling for this august House to put on record and take the opportunity to celebrate a life of a colleague that did very well during the time that the Almighty gave him to be on this planet, earth.
In fact, the history of the struggle for a democratic country,
Zimbabwe cannot be complete without mentioning the role played by Hon. Seiso Moyo. Hon. Moyo derived all these attributes from his professional background and qualifications. He was a trained Social Worker holding a Diploma in Social Work which enabled him to work with the people in the various social organizations. He held a Diploma in Non-Governmental Organization Management; a Diploma in Business Leadership; a Diploma in Personnel Management and a Diploma in Conflict Management – a very important field that needed someone like him to play a role in a country like Zimbabwe, where we have a lot of conflicts; political and social related. He did that using that professional background of qualification in Conflict Management. Hon. Moyo held several senior Executive positions in various organizations and was a Board member for several non-Governmental organizations including Africa Rehabilitation Institute and a Council for the Blind.
Mr. Speaker, on the political front – I think, I need to implore colleagues when we talk about history. Especially history attributed to the work done by colleagues, sometimes it is difficult to try and hide certain things that happened during the life of that somebody – no matter how it would look or irritate others. If you go to the political history that Hon. Moyo walked, obviously you will see certain things might ruffle the feathers of others, but the truth has to be told and recorded for the purpose of remembering our colleagues.
Hon. Moyo is a founder member of the Movement for Democratic Change (MDC T) led by Hon. Dr. Richard Morgan Tsvangirai. He held several positions in the party including being a Provincial Representative for Matabeleland South Province. I personally got to know Hon. Moyo during the period that we term, ‘Pre-working People’s Convention’, in 1998. That time, I remember very well, I was the Vice Chairperson of the Central Region of the ZCTU – that is Midlands Province. At the same time, I was the National Treasurer of the Zimbabwe Chemical and Allied Workers Union. Hon. Moyo, coming from Matabeleland South used to team up with my then President of the Industrial Union, Reason Ngwenya and we met in Bulawayo for the first time.
I remember the first thing that I noticed of him, I noticed a real source, a level headed somebody when we were just discussing about general things, trade unionism and about how people live in Zimbabwe. When we shared, we realized that we shared the same totem – we became connected very closely. I remember when we were talking about the atrocities that we experienced – him in Matabeleland, me in Midlands. Someone during their contribution to the Presidential Speech mentioned again that this country does not want to see what happened in the past – some of the actions were indescribable. Those are the atrocities that we witnessed in Matabeleland and Midlands.
I said, Hon. Members, some of the things we might not be able to avoid mentioning them even when we are talking about the good works that were done by our colleague because history has to be recorded. So, the intention will always be not to talk about issues that irritate others, but tell history as it were and as I knew the late Hon. Moyo. As I met with him for the first time in 1998; we discussed with Reason Ngwenya and him; we touched on our experiences in those respective Provinces that we came from.
That time, I used to work for Sable Chemical Industries – the sole fertilizer producing company in Zimbabwe. I witness what people went through during the Gukurahundi era and I was a victim. At that early stage, I used to support very well ZANU and ZAPU – the two leading political movements that liberated the country. The mere experience of the atrocities in Midlands and Matabeleland that I was talking about with Hon. Moyo made me to loathe ZANU PF – I have to tell the truth. I used to be somebody that really liked supporting those two parties, but because of what happened, what I went through, what I saw; those that we were talking about with Hon. Moyo. I then said, no – I parted ways with them because I could not stomach the kind of inhuman activities that I saw. I was connecting this with Hon. Moyo when we met for the first time in 1998.
Hon. Moyo loathed violence, I hate violence – whether it is intraparty; inter-party or tribal based. Hon. Moyo felt the same. After the
Working People’s Convention, Hon. Moyo in 1999 as a founding member of the MDC became a Member of the National Executive during the First Congress. I also happened to become a member of the National Executive and we used to sit next to each other because we had imprinted our source and being Moyos – we were relating very well.
I recall the several gatherings that we had within our political party; you would rarely hear him speaking badly of a colleague. Some of us would try to say this and that about certain colleagues – Hon. Moyo would not do that. He was upright and upfront. When he contributed, he would contribute positively on the issue on the table and that really made him somebody whom you cannot miss in terms of recognizing the role that he played.
Hon. Moyo was Secretary for Lands and Agriculture in the MDC; Secretary for Transport and later became Secretary for Elections to the time he passed on. We shared a lot within the MDC. When he was Secretary for Agriculture, I was Secretary for Health and we continued to relate very well.
The MDC-T family has been robbed of an asset and a hardworker member who held a very strategic position in the party. He was an extraordinary person, a political gentleman, a man of peace, but at the same time as I said earlier, he was a man of positive actions. He was a humble and selfless personality who managed to bring together people from all walks of life. This was demonstrated by the people as they turned out to give him the final farewell during the funeral services in Harare and Bulawayo. Those who were present will recall that we had almost all people from all political parties who attended and bade farewell to Hon.
Moyo.
Hon. members, you will recall even here in Parliament, I cannot remember a day that I heard Hon. Moyo heckling others. He was actually exemplary. The majority of us want to be known for heckling but that was not so with Hon. Moyo in Parliament. He excelled very well, and that we need to remember and emulate those actions. He worked very well in the Media and Information, Communication and Technology Committee which he chaired. I was talking to some of the members who shared that committee with him, they testified how humble the Chairperson was.
In the Ministry, Mr. Speaker, you will recall the good testimony that was given by the Permanent Secretary in the Ministry, VaNgoni
Masoka, and the substantive Minister himself, Hon. Joseph Made. Hon. Made put on record how he related very well with Hon. Moyo. How he was accepted in the Ministry and how Hon. Moyo was so hardworking for slightly more than a year that he was Deputy Minister in that Ministry. They all spoke very well and we all heard about the testimonies during the funeral services. If he had not done well, I believe strongly that they would not have spoken well about him. That is Moyo
for us.
In the religious fraternity, like I said earlier on, those who attended services in the Lutheran Church in Tshabalala, will testify how we heard that Hon. Seiso Moyo despite being a politician, never gave up Jesus. He preferred to walk with Jesus. I believe that is what made him to be what he was in this Parliament, not to say names against other colleagues, and to continuously work hard and excel.
I want to say Mr. Speaker, may the soul of the quiet giant rest in eternal peace. Hamba kahle Hon. Moyo. We will always remember you. We will always cherish and emulate how he excelled in this Parliament and we will be with him in our minds. God bless him.
* MR. CHITANDO: Thank you Mr. Speaker for according me this opportunity to speak about Hon. Seiso Moyo. Firstly, I would like to say that most of the things have been talked about by Hon. Chebundo. I thank him for moving this motion.
Looking at the life of Hon. Seiso Moyo, first he worked tirelessly for the people and second, the MDC-T. Secondly, we are going to talk about him looking at elections. Thirdly, we are going to look at his life concerning agriculture and livestock in this country.
If we remember very well in the 1980s – 1990s, that is when we had the Economic Structural Adjustment Programme (ESAP). That is when people lost their jobs. There was a lot of suffering and people had to adjust. You find that when others were adjusting, others were sitting pretty. During that time, that is when workers started fighting for their rights.
We find that Seiso Moyo is one of those people who rose up during that time. That is when we had strikes and stay-aways. What we should look at is that, that is when we saw something coming up from the police. That is when the use of baton sticks came up in the police force when they were beating people. Then we saw another group of people coming up. These were like the militia that when workers had engaged in strikes, then they would make them not do it.
That is when we see Hon. Seiso Moyo coming up. That is what made the formation of the MDC. That was when the MDC was formed.
That is when people came to Hillside at the Women’s Bureau and started discussing that we should say no to being beaten. That is how MDC was formed. If you look at that, you see that the first leadership, the interim leadership, you find that the name of Hon. Moyo was not there. There were the likes of Gibson Sibanda, VaMatongo, VaTsvangirai as Secretary General, Welshman Ncube, Tendai Biti, Lovemore Madhuku and the likes. Hon. Moyo was below that. He rose up. He did not grab positions but he went through the proper channels.
One thing that I want you to understand about Seiso Moyo is that he was a humble person. He was so humble. Some of you would not understand where he got that from. He worked for so many years with the Jairos Jiri Association. So he had that heart full of humility, mercy and love because he learnt that during his time with Jairos Jiri.
You know that Jairos Jiri came from Masvingo in Bikita. Seiso
Moyo used to tell me before we would start our meetings at Harvest House. He would ask me about places in Bikita and I asked him how he came to know all these places. He would tell me that he used to walk around together with Mr. Jairos Jiri and during that time, he learnt a lot of things from him. He said during that time that they would move around together, they would at times move around without money because they would say, “if birds of the air do not know what they will eat tomorrow because they do not have storehouses but they are given by God, we would also be provided for by the Lord. We would stay with people at Jairos Jiri without knowing about our fate tomorrow. Through faith, we would know that we would get food.”
Even religiously, he got that from Jairos Jiri. He is a person who learnt a lot and when he came fighting for the people’s rights, freedoms and democracy, he had an objective to redeem the people who were suffering. Seiso Moyo is a person who led the wing that dealt with elections. I was part of that and what I want you to see is that Seiso Moyo and MDC-T said the elections which we want to be held had to be mapped within given conditions. If the elections were not going to be held in a certain way that we had wanted, we would say no. Firstly, we would say if elections would be held, the Global Political Agreement (GPA) which was agreed to by the Principals had to be fulfilled through words and deed. Everything that had been pointed out in that GPA had to be fulfilled. He is a person who really liked his country.
Secondly, when we discovered that our elections here in Zimbabwe were not fair and everybody who was involved in the elections would doubt the results because of rigging, violence and intimidation; there were many incidences of violence and also the media were not free. The platform was not level. This is what we were saying noting that given a choice to go for an unfair election, it was better not to go. That is what he would opt for. If you would hear the MDC-T leaders talking about elections, it had sprung from Seiso Moyo because he was responsible for spearheading that.
Everyone wants violent free elections. You cannot go for an election whilst you are threatened with death like what we have recently witnessed. A 12 year old boy being murdered! Mr. Speaker, because of the interjection, I said I have to show you something about the elections that we are talking about.
When we hear about houses being burnt, this did not start in Headlands. It is something that is dominant in our country. You will find out that it has started in Ward 15 of Masvingo Central. During the past weeks, they burnt the homestead belonging to Gava Mutodho in the same manner. If you still remember when we went to comfort the victims of the 2008 torture, you noticed that when we arrived at a hospital, the Chairman in that area had been burnt in the same manner. This tells us that this idea of setting fire on houses during the day light is now impossible and these people are now notorious and real witches. We are saying you should discard this spirit so that we can go for elections in the same spirit of the electoral reforms.
You will find that the Minister of the Soldiers is saying that he does not want security reforms. Who is he to say that? This country does not belong to him but it is for all of us. Firstly, what you should know is that whatever we do, what have been said here on earth by the voice of the majority people will definitely thrive whether you like it or not. So, what we are saying about the security reforms is that we want the Soldiers to sit pretty.
We are not saying the soldiers should belong to any party either MDC or ZANU but we want them to leave in nice houses, to respect human rights and earn a decent salary. I do not know why they do not want security reforms. They are being misinformed and not being told what we really want. When we are celebrating the life of Seiso Moyo, let us tell them that everything hinges on the security reforms and once we have done that, then we are sitting pretty.
Let me go to the final issue. I have said Hon. Seiso Moyo was the
Deputy Minister of Agriculture. Firstly Mr. Speaker, the Inclusive
Government came but there are other Deputy Ministers who could not perform because they met Ministers who were not inclusive. The first point is that if you look at Hon. Made, he was the first one to say he wanted to join in being inclusive. He worked with Seiso Moyo until even if you would visit their Ministry, you would be told that this department was under Seiso Moyo. If you go to Hon. Shamu’s Ministry you will find out that it is not like that. If you go to Hon. Muchena’s
Ministry, you will find that it is not like that and it is the same with Hon.
Chinamasa’s Ministry together with Kasukuwere’ Ministry. There is no spirit of inclusivity and it is even worse if you go to Hon. Chombo’s Ministry.
What we are saying is that Hon. Seiso Moyo’s personality could be accommodated and there was someone who was also accommodative.
We want to thank their Permanent Secretary and the Minister Hon. Made. They saw the meekness which was in Hon. Seiso Moyo because you cannot do evil to a good person.
In conclusion, I would want to say our policy position as MDC on
Agriculture is not to remove you from the farms but our desire is that something should come out of the fields. Our desire is that you should send livestock meat to the Cold Storage Company and be able to engage in poultry farming so that we can have chicken on our tables. One day I was moving around with Hon. Seiso Moyo in the industrial area, it was like a weekend because people were doing nothing. The most challenging thing is that, in order for industries to function, farms should be producing something. The industries are dead because nothing is happening there, we should start planting soya beans and not weeds. Let us not just burn grass and cause deforestation selling fire wood. We should grow maize so that our industries start functioning. That is what was at the heart of Seiso Moyo.
Let us go for free and fair elections and after election, there will be 1million jobs and people would start working. The land should create jobs. Mashonaland province is for farming, we want people to create wealth through farming, that is what we are saying as MDC. That is what Hon. Seiso Moyo was advocating for. If we all work in harmony like what Hon. Seiso Moyo wanted, all will be well among us. What I am saying to the people of Zimbabwe is that, for our industries to start functioning, we should start thinking about elections, where you are going to cast your vote. Thank you so much.
- ZHANDA: Thank you Mr. Speaker Sir. I want to add my voice on the sad loss of Hon. Seiso Moyo, a true gentleman par excellence. I know that whenever a person dies, very few people say the truth about that person, they all say the good things. I want to say, honestly, Hon. Seiso Moyo was a different person, he was a gentleman in all respects. The very little I know about Hon. Seiso Moyo was through meeting him at Parliament and I did not know him for long. However, for the little time that we knew each other, we had a very good friendship. To that effect, people would be surprised that Hon. Seiso
Moyo died around 12 o’ clock the following day, hardly 12 hours after we had been together.
I used to go to Bulawayo and the only friend that I had was Hon. Seiso Moyo. I would call him and we would meet, you would not have known that we came from different political parties, we were very apolitical. It was a pleasure when he was appointed the Deputy Minister of Agriculture, Mechanisation and Irrigation Development. He used to call me and we would discuss a lot about agricultural policies and what needed to be done. At all times, he would invite me to come and share with him information on agriculture. He had some ideas and he fitted very well within the ministry. Unfortunately, he did not live to see his ideas through, his life was cut short. I am of the opinion that, if he had stayed longer in the Ministry of Agriculture, the country could have benefitted from a better policy formulation, which would have resulted in a better agriculture outturn.
Agriculture is a very complex discipline. As much as people would want farmers to perform, we cannot de-link agricultural productivity from access to markets. You cannot go and grow wheat, go to a bank and withdraw some money on the assumption that someone would come and buy wheat without knowing the price. The future of agriculture for this country will depend on contract farming, where a market is assured and a farmer is cushioned against his risks. It is not the onus of an individual farmer to make sure that the state has got enough food. The onus is on the Government, through policies that are conducive enough for farmers to perform.
I think this House will take note of the fact that, so many farmers delivered maize to GMB in previous years but they were not paid. That scenario will not encourage farmers to go back on the land. It is important to note that, if we look back at the success of agriculture in
Zimbabwe, it was because of the policies which were there back then. For example, there was an irrigation fund, which attracted a 5 percent interest rate over a 12-year period. At the end of the day, people are encouraged to produce for the country. I am sure that, if Hon. Seiso Moyo had been given enough life, those are the policies that he could have promoted in order to assist the country to move forward.
It is unfortunate that God loves good people alongside him. If there is a ‘Gentlemen’s Lounge,’ where people wait when they die, I am sure Hon. Seiso Moyo is in that lounge. He was a true Zimbabwean by reflection. As much as we would want to spend our time on petty partisan issues, Hon. Seiso Moyo did not have time for that. Therefore he promoted the good will of the country. I want to implore hon.
members from both Houses that there is time for politics but we should also concentrate on nation building. Politics and elections come and go.
I would also like to point out that no one loves political violence. If anybody would put their mind to task and think seriously that, if you want to come to Parliament through spilling the blood of a person, then
God should forgive you - [HON. MEMBERS:Hear! Hear!] - Elections come and go, but relations remain, therefore, it is everyone’s wish that life does not begin or end with Parliament. Life begins and ends somewhere, so we should, by all means, try not to promote violence from every quarter. We should encourage people to be peaceful at all times and we should tolerate different political opinions.
On that note, I would want to say, it is unfortunate that God takes those who are good and leaves those who are bad. I want to narrate a speech by the late Hon. Eddison Zvobgo at a certain funeral. He said that when God wants to take someone from a certain family, he does not consult the family. If God would consult a family and say ‘today the turn of dying is in Mr. Sibanda’s family, can we sit and agree to who should die today,’ it was going to be a very tough task, he said. I think we will end up saying iwe ndiwe usina zvauri kuita chimbofanoenda. I am sure, if it was like that, Hon. S. Moyo could not have gone first before others in this august House- [AN HON. MEMBER: Waida kuti kufe ini?]. Mr. Speaker Sir, let me end by saying, I want to wish Hon. S.
Moyo’s soul to rest in eternal peace. As I followed the debate, I think most of us have taken note of how people like Hon. S. Moyo should be emulated. Thank you.
- R. MOYO: Thank you Mr. Speaker. Let me take this opportunity to add my voice and my condolences to the Moyo family for the death of a pacifier, a conciliator, an epitomy of humility, a philanthropist, a social worker per excellence and a peace maker.
Mr Speaker, the person that we are talking about here was indeed a great man. I would want to quote from Shakespeare that, “Some men are born great, some achieve greatness, some have got greatness thrust upon them”. I would want to witness that the late Seiso Moyo was not only born great, he worked hard and achieved greatness. He felt a person with whom humility was always abounded. He never spoke ill of others, as a brother, he was always advising. As a father, he was everloving, as an MP, he was all embracing, as a social worker, he felt pity for others and always wanted to help.
He lived his life that he had trained. He worked in different spheres of society. He worked in ZAPU as a youth, grew up in ZAPU, had his activism in ZAPU, went to social work, worked in the City Council and worked with the late Jairos Jiri. In all that, you could trace and see that the man was always in the right and was always doing things that were helpful to society. His mission was that of building. To some of us as a brother, he taught us a lot. He was never a person who would advise you to be vengeful or to speak ill of others. If any, at any given time, he would advise you to first calm down, probably you would think about whatever you were thinking. If you were thinking about anything, or if you were angry, he would tell you that there is always tomorrow and probably the next day, you may not be thinking as you are thinking today. If ever it was something to avenge on anything, he would say, if you avenge, it will carry on and on and on.
I will not speak of the many other things that my colleagues have actually spoken about, but what I would want to say is that, if we had only a hundred of Seisos in this country, I think this country would move forward. Such people that wish their country well, such people that wish their countrymen well, such people that want peace and such people that would never avenge. Many people have always wanted things for themselves but Seiso wanted to share. Even if you got to a restaurant – some of us had the time to get to a restaurant with him, sometimes he would insist that, “let us buy a plate of sadza and relish and eat together, we are a family, let us get used to the traditional way of sharing things.” That was Seiso Moyo.
He was such a down to earth person, even after he had been appointed as a Deputy Minister. Many a time he would phone and say,
“Let us meet in town, let us go out and do one or two things.” That was Seiso Moyo. He had time for everyone. If you move around in Bulawayo, you go to the church people and the pastors, they would tell you that they had time with Seiso. If you go to some clubs, social life, they will tell you that Seiso had time for them. If you go to Jairos Jiri or the City Council, they will tell you that they saw Seiso Moyo, even when he was appointed to the post of Deputy Minister. One wonders how he programmed his time, how he got all the time that he devoted to see everyone and to give company to all the people that he socialized with.
As we go for elections, we are now seeing the demons of violence. If it were for people like Seiso Moyo, these demons would not be. If there were people like him, then we would be a better people. It is unfortunate as my colleagues have said that God also loves the best. I think in the garden of flowers that are on earth, God looks around, picks up the best and also want to be with the best. In Seiso Moyo, I say, my brother, lala ngokuthula. Thank you very much Mr. Speaker.
- HOVE: I rise to also offer my deepest condolences to the Moyo family. I want to touch on aspects that other speakers have not spoken of. I served with the late Hon. Seiso Moyo in the Public Accounts Committee. It is during that stint that I developed a very close relationship with the late Seiso Moyo. I got to know so much about him because our relationship extended beyond the Public Accounts work and went on to touch his family. I got to know of the performance of his daughters in their education here as well as in South Africa and how the performance meant to him. How much he valued the exploits of his daughters’ prowess in the academic world. It touched me because most politicians normally are focused on the politics. To Seiso Moyo, he had time for his family. He always mentioned how he missed his daughters. I recall one instance when I had been offered a World Bank sponsored trip to Tanzania, Dar es Salaam. I happened to be occupied with the COPAC work which he was not seized with. I offered that trip to him and he said, you know what Hon. Hove, you have given me the opportunity to also go and visit my daughters who are doing so well in
South Africa. He said I have not seen my daughters for quite some time, I think this will give me the opportunity to visit them. When he came back, he gave me a call and said “I do not know how I can express my gratitude to you,” such was a man who really loved his family.
Madam Speaker, I was shocked to hear of his passing on. I had not heard of any illnesses that he had. I just heard the man was no more. I began to recall incidences whereby he would invite me for a cup of tea at his office when he had become the Deputy Minister of Agriculture. Many people after getting promoted, normally change friends but that was not with the late Seiso Moyo. He remained open and welcome to everyone. He was not a selector of persons. I am deep in sorrow and sadness to have lost such a colleague.
The other thing that I enjoyed was that in our discussion, he remained much focused. He was straight talking, he was not a person who mince his words, if something was not right, he would just say this is not right. The best way of doing things is this way. Such was the man and it is true that God takes the best. Mr. Speaker Sir, I am at a loss or words that can express how I feel about the passing on of Honourable Seiso Moyo.
I want to thank his family for raising such a fine gentleman. On things that I got in my interaction with the late Honourable Seiso Moyo, he told me a lot about his upbringing and the people he interacted with. He was like cream; he had the best from his upbringing and the environment. He also enjoyed life and he wanted to share it with those who were close to him. That is one of the things I remember him most about. He was humane. It is a big loss to us as Parliament, as a Party and as a nation. He was just a good man. He wished everyone well. There was never a time you would find him angry or cross at an individual. He was always in a jovial mood, ever smiling.
Mr. Speaker Sir, I want to have it on record that he is one such man I have enjoyed interacting with during his life time. I want to say, go in peace and rest in peace; you will always be remembered and treasured. I thank you Mr Speaker.
- SANSOLE: Thank you Mr. Speaker. Mr. Speaker, Seiso
Moyo died on Friday, 21st December, 2012 not Thursday the 20th
December, 2012. I thought I should make that correction Mr. Speaker.
I would like to thank the mover of this motion for giving us this opportunity to celebrate the life of a good man, a polished gentleman, who understood and practiced the art of friendship, the art of comradeship. He was a committed family man. Whenever we met outside work, we would discuss family. He would talk about his daughters and that what he wanted for them was the best education, nothing short of the best education for his children.
He was humble and down to earth. Despite being appointed the Deputy Minister of Agriculture, he remained a man of humility. We have seen people who, after they have been appointed ministers, no longer wish to associate with backbenchers and people like that. The late Seiso Moyo was not like that. He had a pleasant personality and easy to work with.
On the political front, he was committed to the Party, determined to see positive change in this country. He worked tirelessly to produce our document on candidate selection as Secretary for elections. As a member of the national executive, he would be assigned various tasks and sometimes he would come to my province, Matabeleland North and would assist in conflict resolution. He used to encourage team spirit amongst party cadres and Members of Parliament.
The late Seiso Moyo condemned violence and he encouraged team spirit. Those who were at his funeral witnessed people from across the political divide who came to pay condolences to his family.
As a Deputy Minister, he was very passionate about his work. One would think that perhaps he had formal training in agriculture. Despite not having trained in agriculture, he loved his work and contributed immensely in the development of agriculture in his short stint in that Ministry. Whether it was to do with cropping or livestock farming, he was best at everything. I remember him encouraging me to go to a place called Pedistock where I witnessed drip irrigation and he encouraged me to practice that on my small piece of land. I do not have a farm but at my rural home he came and said, with this small piece of land, you can produce a lot using this technology. Unfortunately, I was not able to implement that before his death but I hope that someday I will be able to carry on the work that he encouraged me to do.
I would like to convey my sincere condolences to his family. May his dear soul rest in peace. Thank you.
- MNKANDHLA: Thank you Mr. Speaker. I would like to say a few words about the late hero, Hon. Seiso Moyo. I would like to start by saying I met Hon. Seiso Moyo when both of us were pretty young man, that is in 1980, and that is when our friendship started. You can see that we had known each other as old as Zimbabwe’s
Independence. In the light of that, I can hear quite a lot that has been said by colleagues here. They have summarised his life in those years they have known him. I would like to say that is how the man lived his life. You will be surprised that many, unlike most of us, when we meet here, what do we talk about? It is mainly politics as if politics is the beginning and end of our lives.
The late Seiso Moyo used to talk about the realities of life. I am sure you heard what Hon. Sansole has said. I remember during the COPAC, he was one of the team leaders in my team; we covered the length and breadth of Matabeleland South well. He would admire life in the rural areas. He would talk about the need to have a rural home. I do not know how many of us here take pride in our rural homes.
Remember, he was an MP for an urban Constituency, Nketa in
Bulawayo, but he never forgot his roots. He came from a very dry area, Hunga, on the boundary between Beitbridge and Gwanda. Hence he understood what the weather climate would do to rural communities. Those of you, who know that place, know that it is in Region 5B, hence his interest in agriculture. In addition to his training as a social worker, he was a man very down to earth.
As I have said, we used to talk a lot about our own rural homes and he would not admire those mansions. He would say if you wanted a good life, just have a simple room for you and your wife to retire to, unlike some people here, like Hon. Matshalaga, who wants to put up double storey’s in rural areas. He was a simple and down to earth person. Another thing that I would like to tell you about him is his spiritual faith. Every Sunday, he would find time to go and attend the Lutheran Church in Tshabalala and his other relatives would go to churches where English is the norm. Seiso would however enjoy the traditional way of worshipping, showing that he was a down to earth person.
Mr. Speaker Sir, it would be unfair for me to complete this discourse without speaking in the language that he spoke almost 12 hours a day.
+Seiso was my brother in law, he was related to my wife and you would find that if I stay for sometime without phoning him, he would phone me and consult about the health of his sister and inquire why I did not phone him. Whenever he came to my place, he would pass through the sitting room and proceed to the kitchen. He was so sociable that he would open the pots on fire and take whatever food he wanted to eat.
He was a people’s man and was not somebody who would keep a garage. He was not somebody who would promote hate. I may take an example of the COPAC, he met different people of different political parties and yet you will find we have some people who would go and promote their political parties; but Seiso Moyo would talk about the nation and COPAC.
This House is much poorer without Seiso Moyo. Matabeleland South is much much poorer without Seiso Moyo. I would not like to say a lot about his family for I do not believe that anyone can replace a man of Seiso Moyo’s caliber. He was an honourable man, honourable in the House of Parliament, unlike some members, who are only honourable here by title but when outside, they are not honourable at all. I do not want to mention names Mr. Speaker Sir. Some of us are only honourables by title like I have said and what we read on some faces here, you can see that the word honourable is a missnorma. With Seiso, it fitted his face, it fitted his language, it fitted his dressing and it fitted his companionship, may his dear soul rest in eternal peace.
- NYAKUDANGA: Thank you Mr. Speaker Sir. I also want to contribute on this motion that was moved by Hon. Chebundo. The man we are talking of Mr. Speaker Sir, being a party cadre belonging to the ZANU PF, the MDC or whatever, does not mold the personality of a man or of anybody. It took me time to know Mr. Seiso Moyo. I did not know whether he is ZANU PF or MDC because of his behaviour. He was not a man who shows off himself wherever he was. He was a humble man, too good enough to be a man of other men.
Mr. Speaker Sir, I would want to conclude by saying, I used to joke with him when he became a Minister. I would say that Minister, what are you going to do for me, I do not have any fertilizers? He would say, young man, take it easy. If it was someone, he would rebuff you but he was a man who could answer in a satisfactory manner, may his soul rest in peace.
+MR. MABHENA: Thank you Mr. Speaker Sir, for affording me this opportunity to pass my condolences on the passing on of Hon. Moyo. We are mourning together with the family and Zimbabwe at large. May I also take this opportunity to thank all the members who have made their contributions across the political divide talking of Hon. Moyo, a man whom we lived with and worked with. Hon. Moyo was an honourable man, hero among heroes. He was a man who was not choosy who to associate with people according to age, colour, class or creed but we saw that all the people, according to him were the same.
Hon. Moyo was a man who would give advice whenever you were with him. You will find that with all of us in this House, whenever he would phone you, he would say how are you brother. That was his favourate term when talking to people and there was no discrimination according to him. He was a natural teacher. My hope is that, if only we had members in this House who behaved like Hon. Moyo, Zimbabwe would be prosperous. Zimbabwe would development at an alarming
rate.
Mr. Speaker Sir, the death of Hon. Moyo is a loss not only to his family but to the whole of Zimbabwe. His constituency has lost an honourable man, even the religious organisations; have also lost out on the passing on of this man because he was not discriminatory. We think of him, especially when we talk about his good works and I am sure if he was here, today, he would be carrying up the flag on the devolution because he wanted power to be passed on to the different areas or provinces. Yes, I know that most of us go to churches. We are religious but then, even if you are not going to the church as what some people do, you would find that he was a man who really could socialise with anybody regardless of their class, colour or creed.
Therefore, we all say, man of peace, rest in peace. May the works which you carried out be carried forward for the benefit of the country of Zimbabwe? I thank you.
*MR. VARANDENI: Thank you for affording me this
opportunity and talking about the Committee which he was chairing. He was our Chairman who conducted business well and loved his fellow Committee Members. Hon. Chebundo you raised this motion when some of the Committee Members were not in this House and they will really be pained to hear that the motion has been closed because they loved this man.
The Media Committee was a blessed Committee because you find that whosoever was in that Committee was promoted. We started with Hon. Chimanikire and he was promoted to a Ministerial post. Then next was Hon. Seiso Moyo who was promoted to Deputy Minister. The next leader to lead that Media Committee is Hon. Chikwinya and we look forward that the trend would be the same and he is going to be promoted to a ministerial post.
Talking about the condolences of Hon. Seiso Moyo, he also had problems in calling my name and it took him some time for him to be able to pronounce my name. I remember we had a trip to South Africa in 2010 and he chose me so that we could go together. The other Members were Hon. Matonga, Hon. Chaderopa and Hon. Musumbu.
You would find that wherever we were, he would also be with us.
I remember when we went to South Africa, he made us to meet with members of his family who live in South Africa and we had a very good time which showed that we had a very responsible man.
When he was promoted to be Deputy Minister of Agriculture in 2011, the Company, Cottco Zimbabwe held a World Cottco Conference in Victoria Falls. Cottco selected two members who are Hon. Varandeni and Hon. Mangami to go and represent the Parliament of Zimbabwe. When we got to Victoria Falls, you know this big Conference, it was international and we had French speaking delegates and we had to use headphones so that we could hear what was spoken. Hon. Seiso Moyo called us and said, I feel very happy to find that I am with my fellow members in this Committee and such a person is not easily forgotten especially with the way he died after a short illness.
We mourn together with his family. We thank Hon. Blessing Chebundo for raising this motion so that we debate his motion whilst time is still available. I am speaking representing Members of my Committee; unfortunately none of them are here. We met with Hon.
Mangami in the I.C.T. Committee.
I plead with the Lord to give him a seat on His right hand because we know that as people who pray, we always say we want to go to heaven. Our hope and trust is that, what has been said about Hon. Seiso Moyo is that he will definitely go to heaven. I thank you Hon. Speaker.
- MADZIMURE: Thank you Mr. Speaker. I also want to add
my voice to our sad loss and say to the family of Hon. Seiso Moyo that you gave us a giant and someone who was quite an effective communicator.
Hon. Seiso Moyo, what pains me most is that on the 20th, which was a Thursday, I spent one and half hours with Hon. Seiso Moyo at his flat here in Harare and we were not even seated but we were actually standing outside talking. From the discussions that we had, I can see that we have a very big gap that he left for both the party and the
Government.
I used to talk a lot with Hon. Seiso Moyo and the time we started interacting a lot was in 2005, soon after our Party split into two. We would go to Bulawayo to his house and we would sit and start talking for us to come to terms with what had happened. The guidance that he would give was that guidance that came from a really seasoned person, a family man, a person who has gone through a lot and a person who had understood problems and how groups would break and how they would be build. How the groups would break and how the groups would start again. So, I learnt quite a lot and he was a patient man who could give time for things to settle and whilst they are settling, he would also be thinking about the future.
When he was appointed Deputy Minister of Agriculture, Hon. Seiso Moyo, I used to talk to him a lot and he told me how he had found the Ministry. He said he was really amased by the reception he got and also almost a free rein that he got from Minister Made which is something I really appreciated. I never thought I would hear a Deputy Minister telling me about his going to work under a Minister from another party acknowledging the fact that I have someone who has welcomed me and given me responsibilities to do.
He had a number of things that he had planned before he was even the Minister - the issue of the livestock programmes, especially in Matabeleland. We all know that Matabeleland lies in Regions 5 and 6 and crops do not do very well. So, the majority of the people survive on livestock and he came up with a programme. The programme had really taken off very low to the extent that what he started especially in Matabeleland South is something that I think it will also be quite difficult for it to suffer a natural death. I just hope that those who were working with him will make sure that they continue.
He was also very effective in relating to the NGOs, the farmers’ organisations and also the scientists within the Ministry. This I could hear from him explaining to me how he was doing it and the way he had managed to start representing the Ministry and the Government fully well at the international community. There was a meeting which he was relating to me which he attended in Italy when we were trying to reengage with the Italians and the hostile reception that they got when they started discussing with the Italians. This was because they were complaining about some of the farms which they had here in Zimbabwe under a BIPPA between Italy and Zimbabwe but the way he managed to manouvre and got something out of that meeting was quite amazing for someone who had just been appointed a Deputy Minister. His boss Hon. Made was quite impressed that we managed to find our way out of that meeting. So, we managed to find our way out of that meeting. Hon Seiso Moyo is really a sad loss.
On the party side, the regulations and views that he designed to select our candidates – if one goes through that document, one will see a real person who knew what the party wanted to achieve out of a process. He was fully aware of the Key Result Areas of what we wanted to produce and if any party should get hold of that particular document, I think, it would be one of the easiest documents to copy because it was a well put process to the extent that I pray for my party to have someone who will take full advantage of what Hon. Seiso Moyo had done and come out even a smarter person from the foundations that Hon. Seiso Moyo prepared.
He would share information, ideas and would also disagree with you, but still afford to smile whilst telling you that what you were doing was wrong. Hon. Seiso Moyo, I just do not know how some of these things happen because even what we heard from the Ministry – those with whom he was working with. Even the Secretaries could only shake their heads and say, ‘We had been given an amazing person; a person whom you could not identify with a party, but just identify as a Deputy
Minister’. The very short period that he was in the Ministry, what he managed to do was something that a lot of Ministers and Deputy Ministers cannot do in the rest of their office tenures. It only takes a moment for you to show your brilliance and perform – it does not need a lot of time to do that, if you cannot you cannot. You may be in a position for 20 years, but your impact will not be recognized by the period you take whilst in the position, but the effectiveness of that first move that you do in your job. So, that is what Hon. Moyo had achieved.
He was a real family man and was very proud of his daughters because very few of us have such brilliant children. All the five are intelligent children and he was proud of them – they were also proud of their father. So, it was a real loss and I just hope that all that we are saying about Hon. Seiso Moyo is something that we can try to emulate, do a little bit and leave some legacy. A legacy that people can stand and say, ‘this is what he did’. Hon. Moyo was not a thug, a violent person nor a person who wanted to make sure that he retaliates whenever provoked. Even in a meeting, some insinuations would mean that he would have done something wrong, but even when a person provoked him - Hon. Moyo would wait for the opportune time when he would answer back, but in a way that would build relationships – not to destroy them.
To the family, I say, you gave us a son who left his indelible footsteps. For the region, especially, the Matabeleland region regarding his understanding of the region – he had come up with real measures that needed to be taken to make sure that there is economic development in those areas. The issue of subsidized stock feed is one area that we must concentrate on when we talk of the regions of Matabeleland and this was his passion - this was an area that he had identified. I hope that whatever he started will not die and Hon. Moyo’s legacy will be remembered.
I thank you, Mr. Speaker.
+MR. MAHLANGU: Thank you Mr. Speaker for this
opportunity that you have given unto me and to Hon. Chebundo for tabling this Motion.
To me, Hon. Seiso Moyo was like a father and more of my counselor. He would look at you as more of his child, he was one person who was not stereotyped. He was one person who was communicating with anyone regardless of who you were; he was able to counsel you and tell you that you are still young and urge you to go to school. He would always say that politics will come and go, but you, as an individual had to value yourself and put your career before politics.
Hon. Seiso Moyo is one person who loved everyone – especially us that come from Matabeleland. You will realize that this debate is so painful and hurting to us for he was someone who was living in the new dispensation. We could visit him even in his home and we know everyone in his home – we were very close to each other.
Hon. Seiso Moyo was not discriminative regardless of whether you were Shona or Ndebele. You will realize that everyone that contributed to this Motion, moreso considering that the Motion was tabled by Hon. Chebundo – it shows that he was very close to everyone, even from the party. We are so pained for losing such an Hon. Member and the gap that he has left is very difficult to fill.
Hon. Moyo, to us and even to the party, especially when we were looking towards the forthcoming elections – he was the person whom we had earmarked to lead us in the elections, but nevertheless, we accept that God gives and takes. Moreover, Hon. Moyo to me, there was nothing that I was able to do alone because our constituencies were very close. So, every time I was holding ceremonies in my Constituency, he was Master of Ceremony most of the time. On the 22nd, I had a Christmas party for my constituents. I phoned Hon. Seiso Moyo to come and be the Master of Ceremony for the occasion, but he highlighted the fact that he was in Harare, but would be travelling on Friday for the party.
It was very painful for me when I heard that he was late on Friday and it was so painful to the people of Nkulumane Constituency when they heard of his passing on yet he was supposed to be the Master of Ceremony. It was one thing that was saddening to everyone. Hon. Seiso Moyo was one person that had so much patience with everyone. I will keep reiterating what has already been said about Hon. Seiso Moyo. I support all that has been said about him as someone that was very close and worked with him.
I started knowing Hon. Seiso Moyo when the MDC was formed, he was the first candidate for Beit Bridge; when there was so much violence, but he was able to stand in Beit Bridge for the 2000 elections.
Although he did not win, you realise that that is the time when we really needed men among men and he was able to stand up for change. Even when it came to his time of death, he is someone that we were working along with. His main aim and ambition was to see Zimbabwe being a better country and everyone having a better life and health.
Seiso Moyo wanted his own children to learn and have a better education, and even for children from his constituency. He wanted everyone to have a better education. He was working closely with the religious sector and schools in his constituency. Almost everyone that he was working with in his constituency was calling to comfort me on the sad loss of Hon. Seiso Moyo as he was very close to me and my constituency Nkulumane.
Even for someone who did not like him, it was difficult to show that you do not like him for he was a very down to earth man. He was not a violent person. He was able to bring people together. He did not like violence. I know I am one short tempered person. I know most of the times I lose my temper but every time in the national executive, I would sit next to Hon. Seiso Moyo, he was able to calm me down. He would always urge me that fighting is not the best thing. He would always urge me that fighting or raising my voice is not the solution. He would always remind me that if I get angry I have to calm down and talk in a way that would make me not be able to lose what I would have wanted to say. Now that he has left us, I really feel the gap.
This is why I am saying that Hon. Seiso Moyo to us, he was very very close to us. He made a difference in our lives. He is someone that we can say in a family you would have been happy to have had Hon. Seiso Moyo close to you. Hon. Seiso Moyo is one person who you could not understand very well because he was able to love everyone regardless of who you are. I realised that everyone who stood up to debate on the sad loss of Hon. Seiso Moyo was able to contribute so much about his good works.
They were always together with Hon. Sansole, even when they travelled, they travelled together. When Hon. Sansole stood up, I almost shed tears because they were very close. There is a song that I used to play in my car when travelling that says ‘Humble yourself before the eyes of the Lord and He shall lift you up’. It expresses that you have to humble yourself before God and God will lift you up. That was Hon. Seiso Moyo and God was able to lift him up. Every time he was down, Hon. Seiso Moyo was being lifted By God.
At the time of his death, he left us when he was now the Deputy Minister. When you humble yourself before God, God will always lift you up and create a space for you. With those words, I say Hon. Seiso Moyo, rest in peace. We will always remember you. We are so saddened by your death. With your loss and the space that has been created, we realise that there are footsteps that we have to follow. To his family, I want to say and urge the wife, Mrs Moyo, not to lose hope by losing her husband. Instead, she must gain strength knowing that Seiso was a man of the people regardless of his status. He was a good man. I really want to say, rest in peace my father.
+ MR. F.M SIBANDA: I thank you. On such an issue like this one, I want to urge everyone not to cry, instead celebrate the life of this man. We need to celebrate life, for death is always there. I am saying Chairman because he is a Chairman. One thing that we have to realise is that when Hon. Seiso Moyo left, he had written a document on how to select each other in our party for elections. When you read this document, you will realise that it is very clear. He states that where there is an MP you are not supposed to make violence.
I have so much pressure in my constituency and realise that everyone has left this august House to defend their constituencies. We realise that … - [MR. SPEAKER: Inaudible interjection] – Mr.
Speaker, I am doing this so that you can cheer up. The Transitional
Mechanism says that all the ministers, President, deputy ministers and MPs will dissolve on the midnight before elections. Some of us are here because we want the Constitution to pass and we do not mind to be in our constituencies.
One of the greatest musicians, Zex Manatsa, I know Hon. T. Khumalo is looking at me. I want her to hear what I am saying. The singer says, ‘Munhu akanaka haararame’. In our corrupt English I would say a good person has few days to stay. You realise that as the violent ones, we will stay for a very long time but those who are good, will stay for only 45 of the 56 days like Hon. Seiso Moyo. People like Hon. Bhasikiti, Hon. Chitando and Hon. Sibanda will stay to very old ages. I do not know how God created that. You realise that even the murderers will stay for 70 + 70 years or 140 years. What I am trying to bring out is that a good person will not stay for a long time. To those who will be good, you will live for only a few years.
To me, Hon. Seiso Moyo, I used to always meet up with him together with Hon. Reggie Moyo. I would always say to Hon. Reggie Moyo you are my niece and to Hon. Seiso Moyo you are my uncle. To everyone from the Moyos, my mother is a Moyo and I used to always play with them and say to Hon. R. Moyo, he was my niece and to Hon. Seiso Moyo, he was my uncle. Everyone is crying but I am happy that since he was my Uncle, I am able to even take over the wife. I know there is so much inheritance. Issues like cows, I will not take but the wife, I will be able to take care of her.
I really want to thank all the Hon. Members from ZANU PF and I was asking what they are doing. I was urging them that when they lose someone from their party, we are able to mourn with them and when our late Vice President passed away, we were able to mourn with them. We realized that when we brought this motion everyone moved out. Hon. Zhanda was able to stand with us; we from Magwegwe North do not consider whether you are from ZANU PF or MDC-Green or from MDC.
In Parliament, people from ZANU PF need to be urged to join each other in mourning and we discover that people from our party are not laid at the Heroes Acre and when our President declares a hero, we realise that we always go with them even if we do not have a chance to put our heroes at the National Heroes Acre. Maybe next year after our elections, we will declare our heroes post humously, even Members from our party like Hon. Seiso Moyo who died and were not declared heroes. When I die, I urge everyone not to put me at the National Heroes Acre because we realised that most of the heroes laid at the Acre are thieves.
I myself have declared myself a hero because I know I am a hero because someone’s works speaks a lot. A hero should be someone who does good to everyone. Jairos Jiri who works too much for everyone is a hero but you will find that it was only Magadzire who was laid as a hero standing for farmers.
Last week we realised that a diplomat was laid at the Heroes Acre, someone that I do not even know or have ever heard of and that I do not even know how they were born. It is only because the President declared him a hero. Even us from the other party had to put our flags halfway because the President had declared him a national hero.
With our new Constitution, we will be able to sit down and declare them heroes post humously. We will make monuments to show that that person was a hero.
Who is Hon. Seiso Moyo? He was a multi-lingual. He could speak
Ndebele, Zulu, Venda, Sotho, would hear Kalanga, Xosa and would hear Shona and English. He was able to speak eight languages, which showed that culturally, when you hear someone’s language, you know their cultures also. If you hear Chewa, you will know even their ethics. So to have someone like this shows that he loved everyone because he knew Venda language and their culture, Zulu language and their culture. You will realise that in our august House, if you greet Hon. Members in Ndebele, they will tell you that they do not understand it. When you even go to our offices, even to mention Police Officers, when you ask for something, they will just stand up and look at you but for Hon. Seiso Moyo, he knew many languages.
Also, the Hon. Vice President John Landa Nkomo knew English, Kalanga, Shona, Venda and he knew even the Khokoi. I also know many languages like I highlighted last week. Someone who is called a Zimbabwean is supposed to know even Tshangani. You will understand that even the late Hon. Seiso Moyo knew Tshangani and up to today, they are still there and they are not yet staying well. I would like to urge all the Zulu people to come back home and we can try to do something better for them. Everything that was started by our late Hon. Vice President John Landa Nkomo, we can still do something about that. I do not want to say a lot today.
Hon. Seiso Moyo would make good policies and I want to join the
Hon. Prime Minister Tsvangirai in mourning him. We also know that Hon. Made will find it difficulty to getting a Deputy Minister. It will be difficult for him to be deputized. Hon. Tsvangirai appointed Hon. Seiso Moyo to be Governor in Bulawayo when he started the GNU because it was agreed that it was the place where everyone managed to win. We found out that everything just faded off.
Hon. Tsvangirai also nominated Hon. Benett and three years down the line, he was rejected because he is a white man. I do not know whether the white people who fought for this country are not recognised.
We have even Timothy Stamps who is also a white man. I realise that Hon. Made may not be able to be deputised and I feel sorry for him.
Hon. Tsvangirai was able to appoint Hon. Seiso Moyo before he even worked for a long time; he was taken away by death. I mourn so much with Hon. Tsvangirai, that agriculture is the main activity that makes us get food in our country.
I used to work with Hon. Seiso Moyo nicodemously and I have a good word that I found in Esigodhini where I come from. There are cattle there and we realised that most of our parents were able to bring us up using those cows. From Matabeleland, subsidies were done since 1980 and we are able to assist people. They are able to come up with something to feed their families from there. I advised Hon. Seiso Moyo on what exactly they were doing with the cattle. When I met with Hon. Angeline Masuku and Thokhozile Mathuthu, I spoke to them on what exactly they were doing since most of the cows from our late King Mzilikazi were taken away. I then asked on what they are doing to foster animal husbandry. When we spoke, Hon. Seiso Moyo highlighted that last year US$2 million was disbursed and now US$8 million was disbursed. He is one person who had also started working on cows. People who come from Matabeleland do not plough cotton or tobacco, but were helped to improve their cattle ranching.
I therefore urge everyone who is going to be appointed as the Deputy to come to me and ask how we were working. I am campaigning for myself and the Hon. Chairperson is there as well. I therefore want to urge everyone that we are not supposed to be just talking about cotton, tobacco or maize. We need to talk about places like Chiredzi, they need help. Let us talk about Kariba, that they want to do fishing - not 33 years of talking. For 33 years, the same things are being given to the same people and they do not even pay back. They are given grain loan and there is nothing that they are bringing back. We in this august House have paid back the trucks that we were given.
During the funeral of Hon. Seiso Moyo, I was respected, I was the pole bearer. I was holding the coffin from the front together with Hon. Madzimure. I really felt so much pain, many at times I do not shed tears for granted, but I shed tears that day for I was carrying a hero who died before finishing his work. This is what people from Magwegwe did for Hon. Seiso Moyo, 30 women came to cook and clean at his home. I was happy to see even people from Nkulumane and Luveve constituencies.
Many Members of Parliament from all over the country converged to mourn the death of a hero.
In conclusion, I would like to say that, a good person will never last for a long time. A good person does not live long on earth, may his soul rest in peace. Amen.
- D. SIBANDA: Thank you Mr. Speaker, a lot has been said about Hon. Seiso Moyo, but I feel I should also add my voice. I worked with Hon. Seiso Moyo from the year 2000. At the end of the day, Hon. S. Moyo was my political mentor and advisor. He was a humble and cheerful man. I remember very well that every time we came here in
Harare, Hon. S. Moyo would address us in Ndebele as abafana wami. Whenever Hon. S. Moyo was happy, he would always say in Ndebele, lingapi abafana wami. When someone looks for you because he is happy or had something to say, to teach or advise, that means a lot to me.
Hon. Speaker, Hon. S. Moyo never changed colours. We know a lot of politicians who change like chameleons. They change from one colour to another. Hon. S. Moyo was not like that, he was always himself, even when times were hard. What I want to mention here is that, Hon. S. Moyo is one of those who made sure that this inclusive government is a success. He made sure that there is food on our table and he wanted to see Zimbabwe back on its feet. I and my colleagues would agree that Hon. S. Moyo is a true hero. However, the problem here in Zimbabwe is that we do not have the definition of a hero. When we talk of heroes, we associate them with those who were involved in the liberation struggle, without that, Hon. S. Moyo was supposed to be declared a hero.
It is really a pity to lose such great people. He was a father to us and to his constituency. Every time you met him, he would talk about his family, he would talk about Snini and about the girls. He would tell you what the girls are doing, the girls in South Africa and so on. That alone showed how much passion he had for his family. I also looked up to Hon. S. Moyo as a big brother to us. He had a dream and he would share his dream with us. His dream was to see Zimbabwe being led by one government. His dream was to see our President from my party, Morgan Tsvangirai, being given the opportunity to rule this country, and going to the State House, that is not a secret. Hon. S. Moyo would always talk about that dream.
Those are the people whom, when they depart just like that, it is really sad on our part. That is why most of my colleagues here were showing how sad they are. As Bulawayo province, it is sad that we lost Hon. S. Moyo, he was our master of ceremony in most of the functions which we held. I remember on his funeral, we were stuck with some hon. members like Hon. Mhlanga. We were taking each other to task and asking each other on who would lead his ceremony. This shows how much Hon. S. Moyo was hard-working.
Hon. S. Moyo was an honest person, not even one day did I hear that he was corrupt or got involved in fights or scandals. He was a nation-builder and a good organiser. He will be greatly missed. Mr Speaker Sir, I would also want to say to the family of Hon. S. Moyo, you are not alone on this loss of a hero. As Zimbabweans, particularly as a province of Bulawayo including my constituency, Bulawayo Central, his constituency, Nketa, we have also lost a leader. We are together with the family and we hope and trust that, wherever he is, his soul will rest in peace.
Hon D. Sibanda having left the microphone on.
- SPEAKER: Hon. Member, can you switch off your microphone.
*MR. RUTSVARA: Thank you Mr. Speaker for affording me this opportunity to make my contribution. I would like to say thank you to Hon. Chitando and Hon. Chebundo for moving this motion. I have heard a lot of things being said about Hon. S. Moyo. I worked with Hon. S. Moyo. I was young but you would find that, despite my age, he would accept my ideas. I would get advice from him and I would also advise him. We worked together as Members of Parliament. One of his children was at a school in Gweru, at Anderson. Whenever he went to visit, he would call me and we would go together.
He had a lot of interest in thatched buildings and he would go to those places to while up time. Hon. S. Moyo was a natural teacher and I learnt a lot of things from him. He was one of those people who encouraged me to be a polyglot or a linguist. I can now listen and converse Ndebele with understanding because of the good teacher I had. He also taught me to love my family. I also found that there were some things which were happening in my life such as complaining if a family member asks for school fees. Through working with the late Hon. Seiso Moyo, I changed my attitude. I remember at one time when my wife talked about the issue of school fees during the presence of Hon. Seiso Moyo and I said very bad things to her. Hon. Seiso Moyo controlled my temper. Because of such contribution, I say Hon. Seiso Moyo, fare thee well. In my capacity as a member for Gweru urban, I feel I have lost and my people have lost. We used to share a lot with him; he would come and share developmental issues with me.
My constituency is in the provincial capital of Midlands and we have a very big Government hospital. When I was elected as a Member of Parliament, the hospital was in a sorry state. I took Hon. Moyo for a tour of the hospital, the buildings were dilapidated and the mortuary was malfunctioning and the medical equipment was archaic. He was moved by the state of the hospital and said that we should look for donations for the development of the hospital. When you go there now, the hospital is looking good, it has been renovated.
He was a man who was very inquisitive about development in Gweru. We also moved around the industry and saw the dilapidated industrial buildings. It was his wish that these industries be revived for the benefit of Zimbabwe, the City of Gweru and the Midlands. With those few words Mr. Speaker, I say Hon. Seiso Moyo, go in peace, rest in peace. His death is not only a loss to the Moyo family but to Zimbabwe in general. I thank you.
- C.C. SIBANDA: I would also like to thank the mover of the motion, Hon. Chebundo and the seconder thereof. I have come here to convey my condolences to the family of Hon. Seiso Moyo and to you
Mr. Speaker since he was a Member of Parliament.
Hon. Seiso Moyo was one of those rare species that you find in politics. Hon. Seiso Moyo was a very good man. I met Hon. Seiso
Moyo when I came to Parliament at the Official Opening of the Seventh Parliament of Zimbabwe and we became very close. There is one thing that I realized from the man; he was very humble and honest. He was a loving character. Most of the people that met Hon. Seiso Moyo thought we were related. To a certain extent, even some people in my Party thought we were of the same political party and yet I come from ZANU (PF) and Seiso Moyo came from MDC-T. He was a very good friend of mine. What I liked about him is that, he lived above party politics. We had different opinions and yet we could live together and share a lot together.
When he was appointed the Deputy Minister of Agriculture and
Mechanisation, I went to his office. We discussed a number of issues pertaining to agriculture. There I saw a man that really wanted to see agriculture in this country growing. I even suggested to him that why can we not divide the country into different zones so that people ploughg different crops. He talked about growing potatoes and he said that personally he liked maize meal but his family wanted potatoes and chips. He was looking at the diversity of agricultural produce, that we cannot put a law to say let us restrict people from growing this or that because there are other needs from the consumers, the growing of potatoes as I have alluded to.
Mr. Speaker Sir, Hon. Seiso Moyo was a man that wanted to see agriculture in this country growing. He told me about the programme that we had of drought relief in terms of humans and cattle as well. He said that in Matabeleland there was need to make sure that cattle do not die from droughts and so Government must also provide drought relief for cattle. That programme was rolled out in most of the areas in Matabeleland last year. Those who come from there can testify to that effect. That was coming from non other than Hon. Seiso Moyo. Hon. Seiso Moyo was a man that wanted to see development in this country. I started to understand my colleagues from the MDC after I talked to Hon.
Seiso Moyo because we shared a lot.
Mr. Speaker, there was a meeting that we were supposed to hold in Matabeleland where I even promised that I was going to offer a beast for that gathering. All Members of Parliament from that region were to convey to strategise about the development of the provinces in
Matabeleland North, Matabeleland South and Bulawayo. Hon. Seiso Moyo was the coordinator of that meeting. Sadly, he has left us and now I do not know who is going to do it. We were looking at the socioeconomic issues of the region and issues on why the region was lagging behind because it had seven years behind the rest of the country in terms of development looking at 1980 – 1987 at the Unity Accord.
Hon. Speaker, I was really saddened by the death of Hon. Seiso Moyo, the Deputy Minister of Agriculture and Mechanisation. What made it more painful to me is that I learnt of his death when he was already buried. It was sad for me, I was in the rural areas and there was no communication. Surely to me, up to today when we are debating this motion, it is hard to believe that Hon. Seiso Moyo is no more. Ngithi lala ngokuthula Hon. Seiso Moyo. I would like to convey my condolences to his family and his Party.
*MR. MAKUYANA: Thank you Mr. Speaker for giving me the
opportunity to make my contribution. I know we are running late but I would like to add a few things on the late Honourable Seiso Moyo. I had experiences that definitely Hon. Moyo was a good man. I remember the first time I met him. He called me by name and I was very much impressed to see that there is somebody who has come all the way from
Bulawayo who knows me by name. When I was facing problems in Parliament, he was one of the people who always supported and comforted me. He told me that there was going to be some sunshine at the end of the tunnel.
I feel the loss because the Deputy Minister is gone. He had not yet performed as he had planned because he was so hard working. As soon as he was appointed the Deputy Minister, he moved right round the country familisarising himself with regions in the area. He is one of the Ministers who was able to work fairly well with his Minister, which is very rare in many ministries, there are always struggles.
The late Seiso Moyo was a good man with good public relations. Whenever he had functions, he was always covered by the press such as the Zimbabwe Broadcasting Cooperation. Besides his political affiliation, they covered him in all his functions because he was a good man. I lost a friend, the country has lost a friend. I thank you.
+MR. SULULU: Thank you Mr. Speaker. I also want to thank all the hon. members who have contributed before me about the late honourable Seiso Moyo. I really want to mourn with others and that the late Hon. Moyo was a hero. If only God could allow that all those who have left us be able to communicate with us. I worked with Hon. Seiso Moyo in our Party. We went to Matabeleland with Hon. Moyo, and would he loved everyone.
Hon. Sibanda said that Hon. Moyo speaks so many languages. He was a master of languages. I was shocked when I went with him to
Matabeleland South, when he spoke to everyone and I also learnt to speak Venda because of him. I used to say how are you to him in Venda and he would respond as well. We used to communicate on our way from Bulawayo. Most of the hon. members who have spoken before me have said a lot. One thing that really touched me about Honourable Moyo is that before he left, he called me when I was in my constituency in Silobela and he said that I heard that you went to Pedistock - some have said that he used to work with Pedistock when he assistedspeople in things to do with irrigation.
Mr. Speaker, when he called me, I was shocked that a Deputy Minister called me when I am in my Constituency. He used to highlight to me that you do not have anything to do with irrigation. He told me that he was doing groundwork for my Constituency. He is one person who loved our country, Zimbabwe. He was a national builder. I heard that most of the hon. members highlighted that, he really put our country
first.
One thing that I loved about him is that every time we faced problems, he could come up with solutions. He could find solutions for all problems we were experiencing as a Party. To me, he was a brother and a father. In my Constituency Silobela, I told everyone that there is a Deputy Minister who wants to come. I promised everyone that next year, 2013, a Deputy Minister would be coming here to teach you about irrigation schemes. However, he has left us.
Therefore, I say that to our nation, we have lost a hero. I therefore, say, to wherever he is sleeping, rest in peace. I thank you.
- D. SIBANDA: I move that the debate do now adjourn.
- MAHLANGU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 7th, May, 2013.
On the motion of MS. D. SIBANDA seconded by MR.
MAHLANGU, the House adjourned at Twenty Six Minutes to Seven o’clock p.m. until Tuesday, 7th, May, 2013.
PARLIAMENT OF ZIMBABWE
Wednesday, 26th June, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- CROSS: Mr. Speaker Sir, I would like to address my question to the Minister of Parliamentary and Constitutional Affairs. Would he please outline to the House how he sees the whole process leading up to the elections happening now? It is a mine field and quite frankly, we do not know where we stand at this present time. There are issues such as the Nomination Court on Friday and the extended period of voter registration. We need to know exactly what he feels will happen in the next three to four weeks.
THE MINISTER OF PARLIAMENTARY AND
CONSTITUTIONAL AFFAIRS (ADV. MATINENGA): Thank you
Mr. Speaker. I would also like to thank the hon. member for that mine field question. I think he did concede in formulating his question that we are in a mine field in the sense that if anybody is going to be honest with himself or herself – no answer can unfortunately be provided to the question which is being posed.
Mr. Speaker Sir, you will recall and the hon. member will also recall that last week I did lay out what I considered to be the various constitutional stages which we have to meet in order to get to an election, which answers to the provisions of our Constitution. An election which is free and fair and which one hopes will not be contested.
What we have experienced in the past week or so, with respect points to an election which is going to be contested – an election which is not going to produce results which are not disputed. As I said last week, one starts with the Constitutional Court ruling that the President must announce an election date not later than the 31st of July.
As I said last week, I will start with the Constitutional Court ruling that the President must announce an election date not later than the 31st
July, 2013. Thereafter Mr. Speaker Sir, there was an application by the Minister of Justice and Legal Affairs which was filed with the courts, seeking an extension of this particular date. That application was filed on Tuesday last week unbeknown to the other members of the Inclusive Government.
Hon. members will have read in the papers that on Wednesday, there was a grand meeting at State House where the three parties in the Inclusive Government met in order to agree on a common position with regards to this disputed election date. Aligned to this were also attempts to seek agreement on what should be done with regards to both Statutory Instruments 85 and 86 of 2013, and subsequent Statutory Instruments which were promulgated thereafter. The meeting on Wednesday did not come to an agreement.
Sadly at that meeting, the Minister of Justice and Legal Affairs, Senator Chinamasa who was then speaking on behalf of ZANU PF or rather arguing on behalf of ZANU PF, indicated that he wanted until last week Friday to respond to the presentations which had been made by the two MDC formations. These presentations were made by the Minister of Finance, Mr. Biti and the Minister of Education, Senator Coltart. The time within which to respond was then granted, though a lot of us were of the view that the issue was an urgent one and that the Minister could have responded if he wanted to, but he did not. The long and short of it was that the meeting then adjourned on the basis that ZANU PF will respond on Friday. In the meantime and in the same meeting, it was agreed that, may be it is possible that a smaller committee could meet and agree particularly on the contents of an affidavit. The affidavit was going to seek for an extension of the July 31, date. The Minister of Justice and Legal Affairs, Senator Chinamasa, the Minister of Industry and Commerce, Prof. Ncube and the Minister of Finance, Hon. Biti were left in that room to meet and seek to agree on an acceptable affidavit.
Again, that was not to be. The three parties could not agree. So on Friday, the two MDC formations were at State House.
I was the first to be there at 10.00 a.m. When it was about 10.30
a.m., we were then told that the meeting could not proceed because His Excellency, the President was not available. We were then told to come back at 12.05 p.m. I also need to say that when we eventually got this message, there was no appearance by the representatives from ZANU PF. When it was 12.05 p.m., we again went back to the State House. I was again the first person to arrive. The MDC representatives arrived. Again, there was no attendance by anybody from ZANU PF. We waited until it was 1.00 p.m. On realising that nobody was going to attend on behalf of ZANU PF, we then went back to our respective offices.
Mr. Speaker, that is the last time I heard of any attempt to seek agreement on these various disputed issues. The long and short of it, is that, as our answer to this question today, there has been no further meeting between the three political parties in order for us to come to this agreement. What I am aware of is that the Constitutional Court started meeting today to look at various constitutional matters which had been placed before it. For hon. members who are aware of court processes, the Constitutional Court is in the process of looking at all these applications as a continuous roll. So they go through the entire processes one after the other.
I am unable to tell you what has been done this morning. From what I get, may be the real issues are going to be argued at 2.30 p.m. this afternoon. The actual matter involving the Minister of Justice and Legal Affairs which was occasioned by the application that was made was apparently postponed sine die. Postponing sine die means the matter is being postponed indefinitely. So we really do not know where we are. I wish there would be somebody who is able to say when exactly we are going to have elections. Not just elections for the sake of it, but elections which are free and fair; elections which are not disputed and elections in respect of which every citizen of this country is able to vote and has been registered.
These are the various issues Mr. Speaker which we need to address because these are issues which are enshrined in our Constitution. It is the responsibility of us as Government, even though we are now near to our
‘last supper’. It is our responsibility that we deliver to the people of
Zimbabwe, a free and fair election. The indications, with respect Mr. Speaker are that, it is going to be a long shot. Unfortunately, I am unable to give the hon. member a date as to when these elections are going to be. We are all waiting now for the Constitutional Court to hear these applications and then to come up with a decision. At the end of the day, our hands are in a building which is just to the north of us. I thank you Mr. Speaker.
- GWIYO: Thank you Mr. Speaker. My question is once again directed to the Minister of Constitutional and Parliamentary Affairs. Can you clarify the constitutional position with regards to prescription of State secrets so that at a certain point they have to be historical and ordinary people should have access to them? Do we have such a thing within the framework of our Constitution or law?
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Thank you
Mr. Speaker. May I thank the hon. member for that question. I think hon. members will all concede that the question which has been posed is a technical one. The hon. member must await his turn as to when a proper technical response could be given to that question. I do not want to solicit business but as hon. members will be aware, my tenure as Minister and Parliamentarian comes to an end with this session. I would be quite happy, for an appropriate fee of course, to make the relevant research and make that relevant research available to the hon. member. Let me say that in terms of our general prescription law, a date becomes prescribed within three years. As I said, one would then have to look into the details of the particular aspects to which the hon. member is referring to in order to be able to advise properly. I think in so far as the current position is concerned, the hon. member has to be satisfied with the response that we just look at our general prescriptive period which is three years. It may well be that there are issues which may differ but as far as I am aware, I do not think we have in this country, legislation which touches upon our intelligent policies. It is necessary in terms of the new Constitution that we introduce that legislation so that we actualise what we were provided for in the Constitution regarding the manner in which this institution must and should operate. I thank you.
- SPEAKER: Hon. member, I was going to ask you to put your question in writing but unfortunately, the House stands dissolved on Friday. So there will be no opportunity for you to put your question in writing. Let us hope that in future, as the Minister has already alluded to that point, your question will be looked into.
- F.M. SIBANDA: Thank you and good afternoon to you Sir after a long time. I need to ask this question as a benedictory question after having given my maiden speech five years ago. Mr. Speaker Sir, I want to ask the Minister of Constitutional and Parliamentary Affairs to confirm or not that Zimbabwe has reached a constitutional crisis because of the Constitutional Court decision. If so, how are we going to navigate
Zimbabwe for further posterity? Thank you.
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Mr. Speaker
Sir, may I thank the hon. member for that delicate question. It is a delicate question in the sense that whether there is a constitutional crisis or not, we depend upon the interpretation which is given to the circumstances which are prevailing. If one looks at the little we know, while the hon. member is saying there is a constitutional crisis but because the Constitutional Court is still sitting to determine whether it should endorse 31st July, 2013 or it should extend that date, you cannot talk of a constitutional crisis in that respect.
The other side of the coin is that when you are looking at the various arms of Government, when you are looking at which arm should do this or that, obviously complementing the others, then there are certain things which are done by certain arms and there are certain things which are not done by all arms.
If one were to follow up this argument, one will simply go to the minority judgement of the Deputy Chief Justice. From my reading, it is a clear indication that what the majority was doing, was really tampering with waters which should not have been the case. Consequently, they are now unwittingly creating a constitutional crisis. The other view again is when you are looking at the situation in which Zimbabwe is faced, you have to take into account why we are here as Zimbabweans. You have to take into account why we have an Inclusive Government. You have to take into account the fact that we are here because SADC intervened in our circumstances. We are here because June, 2008 elections were not accepted by any right thinking individual in this world.
Mr. Speaker, if you have to accept that, because it is a fact, then you then say if we are going to have to go to an election which mirrors what happened in 2008, surely you are creating a constitutional crisis. By so doing, you are again inviting people to go back to 2008 and 2009, to say now that we cannot agree on the elections, we cannot agree on whether this election was free or fair - what do we do, something which we need not have done. These are the various options which one has to look at.
- F. M. SIBANDA: My question was on the way forward as
you have explained both that this may be a constitutional crisis and you have confirmed that. What is the possible way forward to alleviate us from this untold constitutional crisis that you have confirmed Sir?
ADV. MATINENGA: Thank you Mr. Speaker. I think let me
make this clear. I did not only give a definitive position but I have three variables. We need to be very, very clear. If I may remind hon. members, you recall that sometime back the former President of South Africa was asked whether there was a crisis in Zimbabwe and his response was ‘crisis’, what crisis? So, you have a constitutional crisis in Zimbabwe, what constitutional crisis? That is the first scenario which must be articulated.
Mr. Speaker, what is the way forward? The way forward in my
view is that there must be a political will from all the political parties, political will which addresses the bigger picture. The bigger Zimbabwe, we need to address personal aggrandizement issues. What we have seen in this country, with respect, is a manipulation of the situation in order to advance personal issues and that is not what we need as a country. What we need as a country is to address the bigger picture and say what legacy do we leave for the people of Zimbabwe? Some of us are getting old, but what legacy do we leave for our children? What legacy do we leave for our great grandchildren? I do not see that, and you find that we are heading for another disaster.
*MR. MLAMBO: Thank you Mr. Speaker Sir, my question is
directed to the Minister of Constitutional and Parliamentary Affairs. Do we face any crisis should Parliament be dissolved on the 29th June, 2013? Are we going to get the benefits which were due to us in the past five years?
*THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Thank you
Mr. Speaker. Regardless of what is due to the Members of Parliament in terms of benefits and finances, in legal terms if there is somebody who owes you something that person owes you something and he or she has to pay back.
Should Parliament be closed on Friday, it means your monies should still be paid. Let us say Parliament is dissolved on the 29th June, 2013, if you have not been given all your monies, there is a period whereby you have to go and appeal for the compensation of what you lost. It is entirely up to you that you have to make up your minds and approach the legal way so that you get your remunerations. You have to go to the courts and tell them that you are a losing Member of Parliament but all the same, you have not been paid your benefits and payments and therefore, you need that money. You have to be paid.
If they do not make payments by the 29th June, 2013 when Parliament stands dissolved, it does not mean that what you are owed has been extinguished. What it means is that you are owed that allowance or whatever it is until that date is extinguished by prescription in three years. So, within the three years, if you have not been paid, please take Parliament to court and I will defend you.
- R. MOYO: My question is directed to the Minister of Hospitality and Tourism. How far have we gone with the preparations
for UNTWO?
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY: (ENG. MZEMBI): I would like to thank the hon. member for the question. Just by way of update to Parliament as to where we are with the state of preparedness, may I inform the hon. member that two weeks ago, I came back from the Great Serbia where we were attending the 95th Session of the United Nations World Tourism Organisation (UNWTO) Executive Council, the last session before the General Assembly. As per tradition, we do not assess our own state of preparedness. It is assessed by those who have bestowed the rights to host on us and they adjudged our state of preparedness to be satisfactory and our level of collaboration with the Zambians to be excellent. So, I will assume that we are on track but I also want to inform the House that as I give this response, the UNWTO Technical Inspection Team is actually in the destination of the Victoria Falls today until Sunday. It is going to be the last Technical Inspection visit before the commencement of the General Assembly.
It is a fine tuning visit just to make sure that we are up to track with all the software areas of this General Assembly. It is going to be a paperless General Assembly. They want to make sure that we are highly connected in that destination and also to make sure that all the issues that we have promised would be in place are actually in place in situ. As I give this response, the UNWTO Technical Committee that is responsible for all technical inspections is actually in the Victoria Falls. By way of information hon. member and for the benefit of Members of Parliament, let me say that we are on track.
- MAHLANGU: Minister, what is your Ministry doing to ensure that the people of Matabeleland especially at Victoria Falls benefit socially, economically and politically from this Assembly?
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (ENG. MZEMBI): He is asking a question that I have been asked perennially by many people in the country as to the benefits of hosting a General Assembly or an event of that nature. Let me just put something into perspective about mega-eventing and I will use the South African example of their hosting of the World Cup in the year 2010.
It inspired in South Africa the rise to World Cup 2010, the upgrading of O.R. Tambo Airport. Today when you walk through O.R. Tambo Airport, it is a much bigger version of what it was before the
World Cup games. In fact, let me share with you that between 1996 and
1998, Harare International Airport was actually busier than O.R. Tambo Airport but today O.R. Tambo is much bigger and it could pass for a capital of an African country and these are infrastructural benefits.
The highway system in South Africa was upgraded so was the hotel industry in addition to that, one stadium in each Province was planted and they use those assets as leverage to bid for Afcon which they held recently. By the same virtue, when we won the rights to the 28th Session, our vision was to upgrade the infrastructural set-up in the Victoria Falls. On the back of those rights, regrettably, we have not been able to get to that extent because of some other competing national interests. I am sure you will share with me that this General Assembly comes at a time when it is competing for fiscal space with other very urgent and competing national interests like COPAC, the Referendum, the General Elections and other recurrent issues in the country like food security, energy and water. So, within that crowded fiscal space, we had to compete for our own space to do what we can do with the limited resources but not infrastructural legacy projects.
Going forward, my vision of the Victoria Falls is that of the future Niagara Mr. Speaker and this is why we have lobbied Government to set aside 1 200 hectares of the Victoria Falls’ most prime land. We are hoping that we can leverage with this General Assembly to attract investor interests whereupon we can begin to showcase other possibilities in terms of master planning.
I am happy to share with you Hon. Mahlangu that during the General Assembly, one of the sessions that we are going to have is actually a World Federation of Civil Engineers’ Forum on Tourism
Engineering which we are doing in collaboration with the Engineering Institute of Zimbabwe and Zambia and the Federation of Southern African Engineers in addition to the Engineering Council. We are running a competition on Tourism Master Planning which shall be unveiled on the 26th where we will pick the best civil design for the Victoria Falls Going Forward. My vision then, is that we must close the infrastructural gap between Niagara and Victoria Falls so that we can also be a US$30 billion economy just like the Niagara is. Today,
Victoria Falls’ gross is only US$1, 5 billion between us and Zambians and we are obviously not doing well comparatively but the dream is to do even better when we have closed this infrastructural gap.
Answering you directly on the micro benefits to the Victoria Falls community, I am sure those members who have been there most recently, you can see that, there has been a serious make over and upgrade of the Victoria Falls city in terms of the road infrastructure and the upgrading of the hospitality infrastructure. We have poured in about
US$60 million in upgrading hospitality assets there.
A new clinic is coming up in addition, obviously to the happiness of the people. They are highly expectant and they are in a highly exuberant mood to receive visitors and I am sure you know and if you did not know, let me share with you that the tourism dollar is the only dollar in economics that makes an immediate impact on the lives of the poor. As you pass those tips, people are actually benefiting. As they ask for road directions, people are actually benefiting. I have no doubt in my mind hon. member that come the 23rd when we kick-off with the tourism night at the Victoria Falls High School or stadium depending on the venue that we shall finally decide, you shall see how locked-in the ordinary community of the Victoria Falls shall be with this event going forward for the next six days. Mr. Speaker, let me rest my case, I thank you.
- CHIBAYA: Thank you very much Mr. Speaker. Hon.
Mzembi, now that as a country we are faced with an election which is most likely to come before the UNWTO, how will Zimbabwe’s failure to follow the rule of law and resort to violence affect the WTO?
- SPEAKER: Order, Order, hon. member, your question is not clear because there is no relationship whatsoever between the preparations and violence unless if you presuppose that there will be violence. We may not have a question in anticipation but can you make a policy question relating to the issue that you are raising. Can you rephrase your question?
- CHIBAYA: Mr. Speaker, my supplementary is that, if there is violence during the elections, how is it going to affect the UNWTO?
- SPEAKER: Minister, if you want to answer it, you can but it is not a policy question.
ENG. MZEMBI: I pray today just like any Zimbabwean that there will be no violence during the run-up to the elections, during the elections themselves and thereafter. I think we have set some very good examples of how we have found each other as Zimbabweans in the last five years. Five years of conversation, leading to the consummation of the new Constitution and 95% ‘yes’ vote on the Referendum which is unprecedented anywhere in the world. It can only speak to a people actually locating each other and finding each other.
Mr. Speaker, I want to share with Hon. Chibaya that one of the critical success factors for successful tourism economy is actually peace and stability and let me submit that, in the last five years, I am happy to have been presiding over a very peaceful and stable tourism destination. If you want to fully understand what I am talking about, I draw reference to countries in the Middle East and North Africa. They went through turbulence during the Arab Spring and North Africa rising and their tourism economies were discounted overnight because of the absence of peace and stability.
So, I am happy that all of you Members of Parliament,
Government, the Executive and ordinary Zimbabweans have contributed to a very peaceful and stable environment that has actually contributed to that. Let me share with you that just recently in the last week, we captured a 49% increase in tourist arrivals. There is nobody who visits a country in turmoil; neither do you visit your neighbours when they are fighting. So, I want to think that the 49% increase in tourism receipts and arrivals in the last quarter is actually testimony to the peaceful and stable nature of our destination. I pray that we carry on with the same spirit, running into elections so that we can use it. Should we have these elections before the General Assembly, use this unique event as a branding opportunity for the country and the global endorsement of destination Zimbabwe. We must all collectively be inspired and be driven by that spirit. I thank you Mr. Speaker.
MRS. MATAMISA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Tourism. Minister, would you please enlighten us on what mechanisms you have put in place to stop police manning roads from the airport to the town of Victoria Falls from frustrating drivers carrying the tourists?
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (ENG. MZEMBI): Mr. Speaker Sir. I want to thank the
hon. member. It is a very incisive question to the extent that the presence of police officers, in fact, in their excessive numbers in itself, should be a source of security but it is the branding of their presence on our roads that is pertinent. This is why we have gone out of our way to collaborate with the police through the Zimbabwe Tourism Authority (ZTA). We have a collaboration agreement – the police, ZRP and ZTA in emerging with what we call tourism policing.
I want to share with you that even when you are in the Victoria Falls destination, you see them and they are uniquely branded for tourism. They are very friendly, very peaceful and very courteous but just recently, last week and I am happy that the Minister is here, the Zimbabwe Tourism Authority again met with the hierarchy of the police to discuss how we can further improve the branded presence of the police on our roads, in tourism assets and everywhere else in the country.
Very soon, they will be doing a joint communiqué on what they agreed on, which is actually in the positive in terms of reduction of road blocks but we must balance security interests as we approach again the elections. You may not see an immediate reduction of their presence on the roads and in tourism assets because we have to balance other concerns as we also advance towards the general election.
I am happy that there is absolute cooperation from the police.
They fully understand and comprehend why we want to see a re-branded Zimbabwe going forward in terms of police presence on our roads. It is a meeting of minds and nothing is amiss. I can only pray that we have as many police officers on the roads as possible to mitigate other issues outside even tourism that may happen on our highway systems.
So Madam, I am with you but we are also approaching a sensitive period where we must balance our own security interests with those of the ascetic industry which is tourism. I thank you.
- MUCHAURAYA: My question is directed to Hon. Makone, the co-Minister of Home Affairs. I want to know if it is Government policy to deploy uniformed ZRP officers to conduct ZANU PF primary elections; and who is funding that exercise on behalf of the
Government?
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): It definitely is not Government policy to use policemen as party agents in any form or manner. If that has happened, it is regrettable, illegal and wrong. The police are expected to be present at party political functions as keepers of peace and only in that role and nothing else. We experienced it over the last few weeks during the primary election processes of the parties that have finished their exercise.
The police were present but only as keepers and defenders of the people. But, if policemen have been used to carry ballot boxes, count people or to verify anything on behalf of parties, it is an illegal activity and we cannot blame people when they think that it is state resources that have been misdirected. Thank you Mr. Speaker Sir.
- CHIMHINI: My question is directed to the Minister of
Tourism. Minister, you were quoted at some point stating that if the
Minister of Finance gives you or does not give you money, you will get funds. Can you disclose to this House where you are getting the money which you are failing to get from Treasury?
THE MINISTER OF TOURISM AND HOSPITALITY
INDUSTRY (ENG. MZEMBI): Thank you Mr. Speaker. First and
foremost, let me state that Cabinet received an update on the state of preparedness for hosting the General Assembly. One of the issues that Cabinet directed that to be done as a matter of urgency was the payment of the US$6.5 million hosting budget.
I am happy to share with you that there has been some movement in paying some of the costs of the General Assembly but notwithstanding that the UNWTO brand in tourism is the ultimate brand. We have used our ingenuity to leverage its presence in our midst until the 29th of August, 2013 by placing it alongside other brands in the country that wish to associate with it and there is a fee that you pay for doing so. The Minister has received excess privilege and permission from the UNWTO to authorise the use of the UNWTO brand during this limited period in return for corporate sponsorship.
I am happy to say that we have received a lot of support from a number of Zimbabwean companies, including Mbada Diamonds, Econet and Telecel who are funding some very key and critical elements of the hosting of this General Assembly. We are very grateful to their support which is outside the fiscus.
They are funding, for example, elements of the General Assembly that include the official opening ceremony itself which is no less than a $300 000 budget. They are funding some surprises that we will showcase to the nation on the day. One item, in particular, of an engineering feat which we shall showcase to the country is worth about R1,5 million and is being funded by corporates.
They have funded and they continue to fund our marketing budgets as we go out there to reach out to countries that we want to come and stay on the Zimbabwean side of this hosting arrangement. They continue to fund several advertising paraphernalia and our presence in the media, both public and private. I can only say that we wish we had many more of such goodwill corporate citizens funding these aspects so that we can at least produce a world class event. There is a lot of support from corporates.
- CHIMHINI: Minister, you quote one example, Mbada Diamonds. Is it proper that Mbada gives money straight to you rather than surrendering whatever they have through Treasury?
ENG. MZEMBI: Let me share with this Parliament that on the back of the dispensation, we have to raise funds from corporates and I want to remove the emphasis on Mbada because they are not the only people who have come to the party. We put together a Corporate Fund Raising Trust that is administered by citizens because there is no private entity that will raise money for Treasury or to put into Treasury coffers. We have an entity, a trust fund where the funds are deposited but in the majority of cases, the corporates actually prefer to fund the items of expenditure directly.
In this case, let us say I am travelling and have a delegation of ten, they can choose to pay the air tickets and fund our presence out there in terms of hotel accommodation. For me, it is a more preferred mode of support than receipting funds. They also have made choices of direct expenditure items that they want to fund. I do not want to disclose some of the surprises like I am saying because we are meant to surprise you on the day. Some of the items that they have picked, they are funding directly to the contractors who are providing services.
Let us say, for example, without letting the cat out of the bag, we have world class fireworks on the day of the official opening. They do not have to pay me or the fund account but pay directly to the service provider of the fireworks. Let us say on the day we want to share with you which I can do, we are anticipating to do a bridge light-up of the
Victoria Falls; you cannot see the Victoria Falls bridge during the night.
One of the projects is that we must light it up perennially for the next 15 – 30 years. You should then be able, when you are in Victoria Falls to see the bridge.
Outside the natural wonder itself, the bridge is the second wonder in the destination and you cannot see it during the night. We are building an airport that will admit wide-bodied aircraft that will fly in and out during the night. There are people who will want to see the falls during the night in the future. There are also people who would like to see the Victoria Falls bridge during the night in the future and we must give them that access. So, sharing with you in Parliament, we have a bridgelight up surprise which is no longer a surprise because you are pushing me to disclose some of the things.
The service provider in this instance is Phillips Electrical. So Mbada Diamonds will choose to say we want to light up the bridge and we say, pay directly to the service provider. We only receipt recurrent expenditure to facilitate mainly the marketing budget. Otherwise, the capital issues that will relate to, for example, vehicle purchases, light-up of the bridge or official dinners, they have to pay the service providers directly. We have no business actually receipting that money to Treasury because it will fund elections instead of funding the General Assembly.
- SULULU: My question to the Minister of Labour and Social
Welfare, Hon. Mai Mpariwa is, what is the current situation regarding the drought relief food distribution at the moment especially in the Midlands area?
THE MINISTER OF LABOUR AND SOCIAL WELFARE
(MS. MPARIWA): Let me start by thanking the hon. member for such a pertinent question. I know that at the beginning of this year, I did answer several questions pertaining to the issue on food mitigation. I responded as follows; we have two schemes that actually focus on food distribution in the country and we have a taskforce on drought relief in Cabinet chaired by my colleague, Hon. Made who is the Minister of Agriculture, Mechanisation and Irrigation Development. I am one of the members.
However, let me begin by that which I actually administer in terms of drought relief. I do cater for more than 3,5 million vulnerable people. What do I mean by vulnerable - I mean those with disabilities, chronic illnesses, the orphans, women and female headed households. These are the categories that I cater for. In terms of the distribution, we do the household identification at community level where the villagers are, who will identify kuti kwaamai Ezra kune nzara and amai Ezra mukarega kuvaunzira chikafu kana muhurumende havakwanise kurarama. These are the traditional households that the Government actually caters for whether we do have drought or not. This is the category of people that are looked after by the Social Services Department which is part of my ministry.
Let me go back to the other scheme which is the grain loan scheme which is administered in the Ministry of Agriculture, Mechanisation and Irrigation Development where one borrows. If there is good harvest, they actually pay back or return the same amount of maize. This is a scheme that has been established since the beginning because we have realised that people did not harvest.
It is not the Midlands alone Mr. Speaker Sir, because all over we have seen as Government that people did not harvest enough and there is hunger all over. You talk of Matabeleland, I have been to all provinces. You talk of Mashonaland, Mashonaland provinces normally are the bread baskets of Zimbabwe but at the moment everybody in those communities, one way or the other, they do not have sufficient food. As Government, we are actually prepared to cater for the people.
I will not talk on behalf of Hon. Made in terms of the maize that is coming from Zambia because I am also a beneficiary who gets from the Minister of Agriculture, Mechanisation and Irrigation Development to give to the targeted component of the vulnerable communities that I have talked of. Thank you.
- MUDAVANHU: I wanted the Co-Minister of Home Affairs to brief this House on how prepared they are since we are going towards elections. How are they going to protect other parties since we have seen the police officers being abused by a certain party?
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): I want to thank the hon. member for the question. He seems to be implying that if other parties abused the police by using them for their primaries, they are necessarily going to be violent. I am failing to find the connection between the two activities. If he can further elaborate because the two do not go together and they are not
mutually inclusive. The one just involves private activity by a party where it is carrying out its primaries but instead of using its civilian component of the party, it is abusing State resources and personnel.
The other one that is referring to talks of attacks on other parties by the police and he does not give me an example of how this has come about. I am at my wits to answer this question because I am finding it totally mis-understandable.
Questions Without Notice were interrupted by MR. SPEAKER in terms of Standing Order No. 34.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
ENROLMENT OF ZRP GENERAL HANDS INTO THE POLICE
FORCE
- MR. CHEBUNDO asked the Co-Ministers of Home Affairs to explain and justify why the Zimbabwe Republic Police (ZRP) is enrolling/integrating its “General Hand Employees” as regular “Police Officers” issuing them with Police ID Cards with different ranks and enlisting them on the Salaries Service Bureau as police officers such as the cases of:
- Ellen Gosvore, ID 58-200625 Y 18, born on 01/04/82 and employed as a General Hand by Kwekwe Police on 16/10/06 and still performs General Hand duties, but not enlisted as an attested regular policewoman, EC Number 5906324R.
- Muvengiwa Mpofu, ID 58-090380R 26, born on 02/10/64 and employed as General Hand on 01/09/88 at Kwekwe District Police H/Q, EC Number 157393T now Constable.
(c.) German Magadzire, ID 58-147025 M 83, born on 28/11/74 and employed as a Camp Bar-General Hand on 10/03/99 at Kwekwe Police Camp (Cactus), EC Number 1092734, now Constable.
- Abina Mutare, ID 32-058695 B 32, born on 16/05/72 and employed as a General Hand at Kwekwe District Office on 16/10/06, EC
Number 5906407G.
- One Makoni, a typist with the Redcliff Police Station, enrolled as an “Assistant Inspector”.
- Four other General Hands with Redcliff Police Station: Palume; Nemagwe; Mauto; and Kwenda enrolled as Constables.
- The Secretary for Kwekwe DISPOL, one Mangena, now an
Assistant Inspector, while one, Muzinda, a Typist, also with the Kwekwe District now a Sergeant.
- Murisa, Typist for Officer-in-Charge Kwekwe Central now a Sergeant.
- General Hands Kapfuwa – Kwekwe Rural: Gono – Kwekwe CID; Nomphilo Sixolo and Mukondo – Kwekwe Central, all now Constables and
- asked the Co-Ministers of Home Affairs to state the action taken against such activities, and give reasons why a “commission of inquiry” has not been set up to investigate such activities.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): May the hon. member be advised that this is not the first time that I have responded to an issue of this nature. The issue being referred to by the hon. member is a human resource policy matter adopted by the employer, the Police Service Commission in consultation with the Public Service Commission and the Secretary of Home Affairs and communicated to the Commissioner General of Police through pertinent official minute.
RESULTS OF INVESTIGATIONS (IF ANY) OF HONDE VALLEY
TRUCK DISASTER
- MR. CHIMHINI asked the Co-Ministers of Home Affairs to inform the House on the following:
- the results of the investigations, if any, of the Honde Valley truck disaster that claimed 18 lives on 24th December, 2012, near Makunike
Business Centre;
- whether 49 people were treated at Hauna Hospital, 19 people were transferred to Mutare General Hospital and 18 died, bringing the total to 86 people in one truck, if so, explain how this truck passed through all the road blocks from Mbare-Msika, Harare, to Honde Valley without being brought to book by the police, and;
- what practical measures the Ministry is putting in place to curb future disasters particularly during public holidays where bus operators hike fares resulting in the travelling public seeking transport from overloaded lorries?
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): The results of the investigations of the Honde Valley truck disaster that claimed 18 lives on 24th December, 2012 near Makunike Business Centre, I would like to bring to the attention of the hon. member that the Zimbabwe Republic Police meticulously carried out investigations and as a result, the driver of the lorry was charged for 18 counts of culpable homicide. He was sentenced to two years in prison and banned from driving for the rest of his life.
The driver was also further charged for contravening Section 7 of the Road Motor Transportation Act for operating without a permit and was fined US$600.
I wish to advise the hon. member that the lorry had a total of 63 people on board and not 86. Forty six people were taken to Hauna hospital for treatment where one eventually died. The other 17 died on the spot. It cannot be proved that the people who were on board were all carried from Mbare-Msika as alleged.
So, to conclude that the lorry passed through several road blocks without being brought to book may/or is only a figment of the imagination of some people who may include the hon. member. May it also be brought to the attention of the hon. member that people with a propensity to commit crimes will always find ways and means to evade the police and this could have been the case as the accident occurred on a dirty road namely Selbourne-Aberfole which is way off the main road.
The Zimbabwe Republic Police has always tried to ensure that there are adequate measures to curb crime particularly during festive periods such as holidays. It is unfortunate that when some of these disasters occur, people may want to view or attribute the disasters to incompetence by the police.
The issue of fares can best be dealt with by the Ministry of Transport.
REMITTANCE OF TRAFFIC AND OTHER FINES TO THE
CONSOLIDATED REVENUE FUND
- MR. S. MUSHONGA asked the Co-Ministers of Home Affairs:
- what the Ministry’s policy is regarding the remittance of traffic and other fines to the Consolidated Revenue Fund;
- to submit to the House audited accounts of the fines collected by the Zimbabwe Republic Police between January 2012, to January 2013, and;
- to state their (Co-Ministers) role in the appropriation of these fines.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): I wish to advise the hon. member that all fines collected
by the Zimbabwe Republic Police are channeled to the Consolidated Revenue Fund through the courts in accordance with the law. The Zimbabwe Republic Police only retains spot fines. As far as this measure is concerned, the relative authority was granted by Government.
Treasury is aware that authority to this effect is in place.
The hon. member also wanted to know if the Zimbabwe Republic
Police is submitting audited accounts collected between the periods of January 2012 to January 2013. I would like to bring to the attention of the hon. member the fact that submission of audited accounts for government ministries and departments is done by the Office of the
Comptroller and Auditor-General. The Comptroller and AuditorGeneral can do this, if the august House requests for it to be done. If the hon. member so feels that this should be done, he is free to initiate in this House, a process to direct the request to the Comptroller and AuditorGeneral who is mandated to do this work. The ministry cannot audit
itself.
The hon. member also wanted to know the role of the Co-Ministers in appropriation of these funds. I want to thank the hon. member for asking this question. As I have alluded to above, all fines realised are channelled to Treasury through the courts, where this becomes the preserve of the Finance Ministry to appropriate the funds. They will, of course be taking into consideration, proposals and submissions by the various departments under the ministry.
- SULULU: Thank you Madam Speaker. To the Hon. Minister, why is it that cash spot fines are not channelled to Treasury as you stipulated?
MRS. MAKONESE: Madam Speaker, this dates back to the days of the hyperinflation. When you collected your billions in the morning, by the time the money went through the courts and then to Treasury, it would have depreciated by more than 100%. So, the police requested that the money be used for approved items of the police as quickly as possible in order not to lose value. However, after we dollarised, the ministry never revoked that authority and it is the one that is still being used by the ZRP today.
POLICY REGARDING THE DISPLAY OF THE ZIMBABWE
REPUBLIC POLICE’S FORCE NUMBERS
- MR. VARANDENI asked the Co-Minister of Home Affairs to inform the House on the ministry’s policy regarding the display of
Zimbabwe Republic Police’s force numbers on their uniforms.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): Thank you Madam Speaker. Hon. member, I want to
thank you first for your question but just to advise you, it is a requirement of all officers to put on a complete uniform. A complete uniform includes their force numbers. However, this has not been possible because of the lack of fiscal space in the Ministry of Finance which has made it impossible over the last few years for the ministry to avail adequate funding for police uniforms. This has resulted in the ZRP going out of its way to improvise force numbers sometimes by printing it on cloth material and just stitching it on which does not look very tidy.
However, even the acquisition of this material requires financing. We hope that when the fiscal space improves, the Ministry of Finance will avail adequate funds to purchase adequate uniforms including metal force number badges. I thank you Madam Speaker.
REVENUE GENERATED FROM ROAD BLOCKS MANNED
BY THE ZIMBABWE REPUBLIC POLICE
- MR. VARANDENI asked the Co-Minister of Home Affairs to inform the House the amount of revenue that has been generated from road blocks manned by the Zimbabwe Republic Police nationwide and state the custodians of the revenue and how the funds are managed.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): As I have outlined in my response to Hon. Mushonga, it is the duty of the Comptroller and Auditor-General to submit audited accounts to this House and not to the ministry. However, I want to assure the hon. member that all the money that has been given to the Zimbabwe Republic Police by Treasury has been put to good use. This does not include the amounts that he is talking about which are spot
fines and which I have already said are used for approved items by the police. The custodian for all the finances is the Ministry of Finance, if these are fines that are not spot fines. These can always be audited through the relevant authority which is that of the Comptroller and Auditor-General. I thank you Madam Speaker.
CONSFISCATION OF PERSONAL RADIOS BY THE
ZIMBABWE REPUBLIC POLICE
- MR. HOVE asked the Co-Minister of Home Affairs to inform the House:
- whether it is permissible for the Zimbabwe Republic Police to confiscate personal radios and where they derive those powers.
- to clarify why the radios are considered a security threat.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): Thank you Madam Speaker. Radios can only be
confiscated if they have been brought into the country illegally. It is not illegal to own a receiving only radio. Only two way transmitter radios are illegal to possess as these pose a security threat to the country. I am not aware of any Act that actually says it is illegal to own a radio.
The second question by the hon. member is on seeking clarity on why the radios are considered a security threat. Whether or not, personal radios are legally or illegally brought into Zimbabwe, they can and are being used for peddling hate speech. As such, the radios themselves are not the threat but it is the broadcasters of hate speech and hate speech is not confined to illegally imported radios. Therefore, as far as the ministry is concerned, it is not the radios, especially receivers that are a threat to this country. The threat is found when broadcasters take it upon themselves to set citizens against each other. I thank you.
- MUSHONGA: Thank you Madam Speaker. If the Minister can explain to this House what the ministry means by hate speech and give examples of what the Minister means by hate speech?
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): I can be excused Madam Speaker. I find it difficult to pronounce hate speech. Hate speech is one, I would imagine as one that injures the dignity and reputation of another. We find quite a lot of this in our electronic and print media in Zimbabwe. The hon. member is not a visitor to this country. He knows what hate speech is. He hears it every day. So for me to start repeating all the things that are said in the electronic media in this country, in this House, I do not think it is necessary, suffice to say that hate speech is one that is derogatory.
It is one that impinges on the good name of another citizen and one that sets one citizen against another and makes a mockery of another. That is hate speech. That is not a preserve of any particular broadcasting station as we would be made to believe. It is there in this country and this is why it is covered extensively in the GPA. This is why a new Broadcasting Act was required to be in place in order to address hate speech which is prevalent in this country. We hope that we do not take with us, hate speech to the elections as it does not promote peace. When there is no peace, the security of the State is threatened. Thank you
Madam Speaker.
- HOVE: Thank you Madam Speaker. In your response Hon.
Minister, I heard you making reference to the issue that ZRP is empowered to confiscate personal short wave radios that would have gotten into the country illegally. I want to find out the role of ZIMRA in that instance?
MRS. MAKONE: Thank you Madam Speaker. ZIMRA does not
have arresting powers. ZIMRA is required to report to the police where they think that contraband might exist. They do not have the powers to go and arrest anybody. They must have a case for them to point out where illegal material is. By the way hon. member, I never referred to short wave transmitter radios. I did not say that. I said illegally imported radios, whether they are short wave frequency modulation, medium wave or whatever and I am not being specific about the length of the wave here.
Any radios which are brought into this country illegally and is reported upon by ZIMRA should be confiscated. If the police go and choose to only concentrate on short wave radios, if you ask me about short wave radios, then I will talk about short wave radios. But the question was, is it illegal to possess personal radios? So I am talking about radios not radios of a particular wave length. Anticipating the question that follows from what I have just said, which is I am sure Madam Speaker, that the police have been confiscating short wave radios - I said it before and I will say it again.
It is an illegality to dispossess any Zimbabwean of their property which is acquired in a legal manner. If they can prove that the particular radio that they are confiscating has been brought into the country illegally, then that is a different issue altogether. A short wave radio is not an illegal radio in Zimbabwe. There is nowhere in our laws where it says that a Zimbabwean shall not own a short wave radio. I know that there are some people who do not want short wave radios in the countryside where medium waves cannot reach because particular broadcasters use short wave for their transmission.
These people are not licenced in Zimbabwe, they broadcast from outside but as long as they are broadcasting on short wave, they will reach Zimbabwe. So this is a form of censorship which is being practiced on civilians which is not legal on its own. Madam Speaker Sir, I want to be quoted correctly. Here, I am saying it is legal to own a short wave radio and the confiscation of radios should not be taken as a result of malicious intent. Thank you Madam Speaker.
On the motion of THE CO- MINISTER OF HOME AFFAIRS (MRS. MAKONE), the House adjourned at Seventeen Minutes to Four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 26th September, 2013.
The National Assembly met at a Quarter-past Two O’clock p.m
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
SWITCHING OFF OF CELLPHONES
- SPEAKER: May I once again remind hon. members to please switch off their cellphones before business commences.
INDUCTION SEMINAR
- SPEAKER: The induction seminar for all Members of
Parliament scheduled for Monday, 30th September and Tuesday, 1st October, 2013 will be held at Pandhari Hotel. The programme for the days has been circulated to all Members of Parliament through their pigeon holes. The buses will leave Parliament Building at 0815 hours.
MOTION
DETERIORATION OF THE HEALTH DELIVERY SYSTEM IN
ZIMBABWE
- LABODE: I move the motion standing in my name that this
House:-
ALARMED by the deteriorating nature of the health sector in
Zimbabwe which includes the health infrastructure and services;
CONCERNED by Government’s lack of adequate attention, time
and effort into averting the health crisis;
DEEPLY WORRIED by the expanding gap between the private
and public health delivery systems;
ALSO DEEPLY ALARMED by the reports from Harare Central
Hospital where mothers are delivering babies on the floor;
FURTHER CONCERNED by the shortage of basic services such
as water at Government institutions;
NOW THEREFORE resolves that the Portfolio Committee on
Health and Child Care conducts an inquiry into the health sector in Zimbabwe.
- MATARUSE: I second.
- LABODE: Mr. Speaker Sir, the challenges facing the health sector actually are either internal or external. By internal I mean within the Ministry of Health and Child Care, or outside the Ministry of Health and Child Care but not outside the country. One external factor that I thought I would discuss was that; a poor performing economy like ours is in no position to actually finance the health sector. More than 75% of the people in Zimbabwe are unemployed hence, they are not contributing to the revenue but constitutionally, they are entitled to free health. This means they are actually depleting the finances within the health sector.
If you boost your economy and there is enough revenue, it means the Government would actually be able to finance the health sector but as it stands now, you find that when the Ministry of Finance says they have allocated $2 million to Mpilo Hospital, what it translates to is that they have allocated $300 000 or something and the hospital has to look for monies elsewhere.
We resolve that in this regard, with immediate effect, Government ploughs money into all ailing companies to revive at least the 30 000 jobs that were lost in Bulawayo. I know that in a lot of other places jobs were lost but this is the figure I have. If we revive those jobs, it means we have a workforce that can go to an institution and at least contribute towards the running of the institution and also contribute towards the taxes. An injection of $2 billion in the manufacturing sector would oil the wheels in the Bulawayo companies.
Mr. Speaker Sir, the anchor of the health system in the Third World is a well performing district health system. A district health system ensures the A, B and C of public health is implemented. It can almost be said that the district health systems ensure the GOBIFF targets of UNICEF are achieved. GOBIFF is Growth Monitoring, Oral Rehydration Therapy, Breastfeeding, Immunization, Family Planning and Food.
A district health system is the epicenter of an effective national surveillance system. It also coordinates and monitors donors at a district level. An effective national surveillance system will pick epidemics as they come out. How does it work? You have radio systems at every rural health centre and if that radio is working and the nurse notices that last year they reported seven malaria cases that has now twenty-one, that alone is a trigger that there is an epidemic coming. That is what the system is supposed to be but as we stand today, all those radios are not working.
We resolve that as the epicenter, the district health system needs, with immediate effect, at least 4 x 4 twin cabs and 4 ambulances for every district within the next three months. The outreach teams must be increased. Some of you who are in the rural constituencies will know what an outreach team is. The outreach team leaves the district hospital to try and bridge the gap between facilities by going to meet communities within their homes for immunisation, family planning and other things. These teams are now stationery, they are not moving because there are no cars at district level.
A new radio system linking the rural health centre with the district hospital and the provincial hospital must be installed immediately. District hospitals must be equipped to provide essential health services which include basic surgical interventions. We also need to ensure drug availability of at least 80 percent at the rural health centres because as of now, there are no cars to move people from Siyabuwa to Binga Hospital.
Mr. Speaker Sir, equitable distribution of existing resources has remained the challenge for the Ministry of Health. This problem has been debated since Adam was a foetus. The problem emanates from the formula which the Minister of Health uses, the resources given to them by your ministries for onward distribution. The formula uses variables like the provincial population, the number of all patients in attendance, the number of hospital admissions, vehicles and staff establishment.
This formula, as it stands, ensures that the poor remain poor because if
we have a lot of vehicles and a lot of people are coming to the institution, it simply means that somehow there is an economic activity happening there. So, it would mean the poor places where people travel long distances have fewer attendances. Their population is small and there are obstacles.
So, as a resolution, I am saying we include variables like poverty levels which we can get from the census as a way of distributing money and distances between facilities. I am glad the Minister of Health yesterday said in the next five years, he is going to build one thousand rural clinics. This will translate to about two hundred clinics being built every year and two clinics that will be built every month. The distance between health facilities in places like Binga is between fifty and seventy kilometres. That would mean between Siyabuwa and Binga, there will be about seven clinics built.
Mr. Speaker Sir, the whole sector is operating with a very demotivated workforce. When a nurse who is earning US$400 monthly as gross is paying rent somewhere because she is a human being like us, has a maid to take care of her children, has a family to feed, ZESA and water bills to pay, has to travel to work and show up at the hospital with a spotless white uniform and a smile for the patient, that is a mission impossible. The resolution is we need to review their salaries.
Mr. Speaker Sir, some fifteen years ago, when the Ministry was under Dr. Stamps, a fund called the Health Service Fund was introduced. The fund was supposed to achieve two broad objectives. That is to supplement the Government budget through user fees and to deter abusive use of health services. It was common that people would have a headache and rush to a clinic because it was near you, when you could have gone and bought asprin somewhere and you would be okay. Very unfortunately, that slowly but surely, the Government began to absolve its responsibility of ensuring that they finance and remain the caretaker of public services. However, they decided that since there is a health service fund, health services cannot stop but how did that happen?
If you take, I am sorry Mr. Speaker Sir, I will keep using Binga. If you go to Binga, in a month, they raise about $2 thousand from the Health Service Fund. So if you do not give them their money, what will happen to them? Then we move onto Nkayi, it is $5 thousand. You go to Mpilo, maybe it will be $10 thousand and if you go to Parirenyatwa, it will be $100 thousand. So, there are issues of inequity here. The economic activity of a district determines how many people are willing or are able to pay for services. So, Government needs to take their role and do it properly.
The resolution is to introduce the long awaited Public Health Insurance Scheme. I know for sure that people have been sent to other countries to look at that possibility. A Public Health Scheme means every Zimbabwean – it is like the NHS in England, you belong to some basic public health insurance which allows you to go to an institution and it works in a way where I would say because my income is high, I pay $40 and the next person pays $2 and other people do not pay, but everybody will be covered and can access health centres.
The Government must commit real money to the health sector.
The health sector is not like the education sector where if you budget on projected revenues and if they do not come, you can postpone building the school or even postpone writing the exam for that matter. If you give a health sector the projected revenue and there is an outbreak, the money is wanted there and whether you have made it or not, it is wanted. So, we need real money and not money you think you may get or may not get from diamonds.
I propose also, that we continue using the user fees. I know the user fees raise a lot of issues because we implemented them without a good safety net. The safety net which was put in the user fees was that you go to the Social Welfare and obtain a letter that you are now unemployed and get free treatment. Sometimes those instances deter people when they arrive at institutions and are chased away. The ministry needs to set up a good safety net.
Our Ministry also needs to encourage triple “Ps”. I recently visited
Gweru Hospital and I was amazed by what they have done together with
Unki. Unki is building the infrastructure and if you go to Mpilo also, the
CBZ has bought ambulances for Mpilo and the World Vision has repaired the boilers which were broken done. So, the Ministry needs to work on triple ‘Ps’. I do not want to say our but on their own, they cannot make it.
Mr. Speaker Sir, the state of the hospital infrastructure and equipment is deplorable. In general, most boilers in Zimbabwe have broken down. Theatres and laundry machines have also broken down. I will give an example of Mpilo, we have four theatres and we are operating one. They have stopped taking cold cases and they only do emergencies. That is very frustrating for a specialist who went to school to conduct some surgical operations and they will find themselves in a hospital which only takes emergencies. The resolution is that the
Government must transfer all buildings from the Public Works to the Ministry of Health. The Ministry of Health is in a position to raise funds from outside Government, to bring in partners to help repair or maintain some of these buildings. Central Hospitals should be allowed to contract our maintenance services to the private sector. That can only happen if these buildings have been transferred from the Public Works. We need to recruit a handy-man for each hospital. This could be a trial in central hospitals first before it is moved to the district hospitals.
What I am about to propose now is that since this is my first time in Parliament, but I am seeing an opportunity where Parliament can monitor the activity of some of the issues that we are told. For me it is a performance indicator that Minister Parirenyatwa said he will build one thousand rural health centres. It means that the Portfolio Committee on
Health can use that as an indicator of monitoring the performance of the Minister. I remember yesterday Minister Muchena also talked about the cadetship and that becomes an indicator. I think we need now, together with the Research Department of Parliament, to start using them to monitor some of these activities. Even to do district visits because if the Government is serious about building about one thousand rural health centres, it means by December there will be about fifteen of them in
Binga. So, Binga will get a big chunk of these as well as Beitbridge. So, we need to see those things happening with immediate effect. I thank you Mr. Speaker Sir.
- SPEAKER: Hon. member, do not apologise for being you, I think you have done well. May I apologise to Hon. G. Moyo and Hon. S. Nkomo for the administrative breaches that took place within the office in terms of their motion. I want to assure you that next Tuesday, your motions will be accepted.
- MATARUSE: Thank you for affording me this time to
update this august House on the status of health care services in this country. The objective of health services is to safeguard the health and livelihoods of the community and therefore the primary health care approach that was internationally adopted by WHO member countries should be prevailing in all nations. For the benefit of this House, I will define this pivotal element and main component of health delivery services. Primary health care is that health service that is made affordable, accessible and available to the community through prevention of diseases, promotion of nutrition among pregnant mothers and under five children, immunization, rehabilitation, oral health, prevention of local and endemic diseases, sanitation and wholesome water supply.
Now Mr. Speaker Sir, I would like to highlight the status quo in terms of health delivery in the country:
- Health infrastructure:- People are walking long distances to access health services and the available facilities are not well maintained and equipped. For example, most of the facilities that provide comprehensive health do not have adequate medical equipment.
- Prevention of diseases: - The emergence of new diseases is a challenge to the nation. We need to be prepared for diseases such as H1N1 and the AIDS pandemic. We also have challenges in terms of infant mortality due to preventable diseases such as diarrhoea. The current situation in the country is conducive for the spread of diarrhoeal disease because of overflow of sewage in urban settlements and unavailability of sanitary facilities in rural areas. Water rationing is also a problem in the urban areas and sometimes residents go for weeks without water in their taps. Typhoid is almost becoming endemic in Harare and other towns because of the current situation.
Immunisation coverage is not adequate in order to prevent diseases among children under five years. Rota virus vaccine is long overdue as this may also reduce our infant mortality in the country. The outreach services are no longer in place and this alone reduces our immunization coverage.
Emergency preparedness in terms of disease epidemics is something to be looked at as we are indispensable to such phenomena. The shortage of midwives is also a problem in the country and if addressed, will reduce maternal mortality. The increase of home deliveries need to be reduced through health promotion among communities and as alluded to before, through provision of more midwives and provision of 24/7; a tall facility.
Availing ARVs to those deserving will mitigate HIV and AIDS related problems. Decentralisation of diagnosis HIV/AIDS and OI/ART services is the only way out given that the local health staffs are capacitated.
- Availability of drugs medical equipment: - It is my conviction Mr. Speaker Sir that most of the health facilities are running without adequate drugs. We are relying on donated drugs without anything from the fiscus. Drugs for conditions such as asthma, mental conditions, hypertension and diabetes are out of stock most of the time and people cannot do without these drugs. Some of the health facilities are running without adequate medical equipment such as sphygmomanometers and scales, thus disenabling the health facility’s functions. Equipment that is supposed to be in an ICU is not available in districts, thereby overburdening the central hospitals.
- The gap between public health and private health services: The quality of care between these two is widening and the majority of our people cannot afford the private health care service. The service at the public facilities leaves a lot to be desired and is characterised by overcrowding and shortage of trained personnel.
- Health staff: Speaker Sir, I am sure we all agree that we have been experiencing the flight of health professionals to neighbouring countries and this has also affected our health delivery service. We have a shortage of doctors, nurses and specialists just to mention a few. Currently, we have nurses and other health professionals on the streets who are awaiting employment and there is need to unfreeze posts so that we improve on health service delivery. There are no adequate doctors in district hospitals and in some local authorities.
Specialist services are centralised; a situation which is not conducive. We need to safe guard the community in general and avoid unnecessary deaths among the communities by availing services to the public. There is no economic development without a proper public health system. Let us all be focused towards integrating health services in our scope of thinking at all levels.
The health staff that is currently employed is being overworked and poorly rewarded. Their morale is down and they cannot spend adequate time with patients thereby compromising the quality of service. Employees who are not motivated develop negative attitudes that will eventually develop into a culture that will be irreversible. Without proper and adequate medical equipment, employees become disabled in service delivery. Poor remuneration in terms of salaries, night duty allowances, risk allowances, housing allowances and even transport allowance will reduce their morale at work. I read their presentation for next year and nurses are asking for US$600 as salary. I feel that if that is awarded to them, maybe it may improve the relationship betweenthe patients and the hospital staff. Overally, I am sure if you take into consideration what I have said and what Dr. Labode has said, we have noticed that the health care delivery system in our country has actually gone down. I request the august House to at least form a Committee which will thoroughly investigate and give a proper recommendation so that we revive the health care system in Zimbabwe. I thank you Mr. Speaker.
*MS. CHIMENE: Thank you Mr. Speaker. I stand up to add my voice concerning the health delivery system in the country. I am so happy that the hon. member who moved the motion is seeing what is going on in our country.
Firstly, I want to show her that we are so pleased with the motion. We thought that they were not seeing that things are not functioning well and that they are using the right terms that things are deteriorating. Yes, things have started deteriorating and I want to congratulate her for speaking the truth. I would also want to say to this House, that a long time ago, when we got sick, we were ferried by ambulances to the hospitals until to the time when ambulances were not being repaired. The reason why ambulances were not being attended to is the reason why all things started going down. That started around the year 2000 to
- –[HON. MEMBERS: Inaudible interjections]-
I am so excited again, when I hear that they refer to the times of Dr. Stamps, when things were moving smoothly. I thought she was going to give reference to the time of Dr. Madzore when he was the one in charge of the Ministry of Health and Child Welfare. When the then
Minister of Finance, Biti was supposed to fund the Ministry of Health … MR. CHIBAYA: On a point of order Mr. Speaker! I just want to remind my fellow hon. member that you do not refer to a fellow Member of Parliament as Biti, you say Honourable.
- SPEAKER: Order. There is no point of order. It is just a point of correction. Thank you.
*MS. CHIMENE: Thank you Mr. Speaker because I did not
know that he had won. I did not know that.
- SPEAKER: Order, the hon. member holding the floor by
implication was advised that Hon. Biti is Honourable, therefore, he is a Member of Parliament. Thank you.
*MS. CHIMENE: Thank you Mr. Speaker. What I was saying is that when Hon. Biti was then the Minister of Finance and he used to give money to the Minister of Health, at that time, nothing of that nature was taking place. So, you have helped us by showing us what you could not do. So, we are going to take-over from where you left. –[HON.
MEMBERS: Inaudible interjections]-
Mr. Speaker Sir, can I be protected?
- SPEAKER: Order, can Hon. Khupe please stop pointing at another hon. member.
*MS. CHIMENE: I am so excited Mr. Speaker that the Hon.
Minister of Health and Child Care, yesterday really explained to this House that whatever was not done when we did not have that Ministry, he is going to look into it. –[HON. MEMBERS: Inaudible interjections]-
I am so thankful Mr. Speaker that because of this motion which was put forward, it will really help us as the people in Government to look into this matter seriously where others failed. I thank you Mr.
Speaker. – [HON.MEMBERS: Inaudible interjections]-
- CHIMANIKIRE: Thank you Mr. Speaker. Allow me
firstly to congratulate you on being elected as Speaker for the National Assembly. Contrary to public media that we boycotted your election, we did not, takanga tiri kutora ma I.D.s next door. – [HON.MEMBERS:
Inaudible interjections] - Am I still protected Mr. Speaker?
- SPEAKER: Can the hon. member proceed please?
- CHIMANIKIRE: Thank you Mr. Speaker. Mr. Speaker, since the late 1990s, contrary to what Hon. Mandy Chimene was referring to, the year 2000, since the late 1990s, we had a crisis in the health sector. Junior doctors and nurses went on strike and this is a fact. They were protesting against their conditions of service, the poor environment under which they were operating.
Mr. Speaker, to pretend that our health system has not been deteriorating in the last two decades is anything other than burying our heads in the sand like an ostrich. The motion is very constructive for any focused Member of Parliament and the attitude that has been adopted by the last speaker is regrettable.
Mr. Speaker, we have a country where the President has to go outside the country to receive medical treatment. What is wrong Minister? Two or three of our heroes that are at Heroes Acres, I will not mention names out of respect – got to receive treatment in Egypt and in South Africa before they passed on because our own system is not adequate to cater for us as Zimbabweans.
So, the proposal that is being brought in this motion is a very serious proposal that should be taken by every member in this House and not to make jokes out of it in order to score points – that is not what we were elected for.
Mr. Speaker, let me point out that in terms of facts, the total number of hospitals and clinics in Soweto surpasses the total number of hospitals and clinics in Zimbabwe. That, is a challenge that we have to face and go along with policies that will ensure that we increase the number of facilities in this country to cater for our population. I am surprised … - [DR. J. M. GUMBO: Inaudible interjections] -
When we look at our situation, we should be encouraging. I heard the last speaker refer to the intention by the Minister of Health to build over one thousand clinics. May I remind this House that four thousand people died of Cholera when the current Minister of Health was Minister of Health then.
On issues of recommendations, that we would like to see achieved through this motion, we would like the House to encourage that companies should establish workplace clinics – if they can afford and encourage them to ensure that employees and members of their immediate families are catered for at such clinics.
Secondly,… -[DR. J. M. GUMBO: Inaudible interjections] – Aaah ndinofunga kupfuura iwewe.
- SPEAKER: Order, order. Can that exchange please stop.
- CHIMANIKIRE: The other issue that we would like to encourage the Committee to pursue when it is set up is to ensure competent remuneration. There should be no generalisation between the general civil servant and health staff - the two should be separated because health staff are a special category.
Mr. Speaker, we need the Committee to also examine the issue of putting into place policies that attract our personnel in the diaspora through adequate provision of housing, transport and other benefits that will ensure that we attract those experienced persons now working in the diaspora. For example, when I visited the State of Virginia about four years ago, the six junior Doctors who came from Zimbabwe are now surgeons. They are working in the United States yet we need them back home.
Policies should be put in place to ensure that elderly people and retirees receive free medical treatment – that area is still gray in our country. Others are receiving but the majority do not or they are ignorant of such a provision but thank goodness now our Constitution provides for that.
Finally, I would like to conclude by encouraging the Committee to also look at services being rendered by the City Councils throughout the country - so that about 50% of Council budgets are allocated to health services and facilities.
*MR. CHINOTIMBA: Mr. Speaker, I would like to thank the hon. member who moved this motion concerning the health delivery system. Truly, our health delivery system is in a sorry state but there are issues which when they have been talked about, we label them as political. I think, we should understand each other that what has been said has nothing to do with MDC or ZANU PF.
Health is for everybody, we will be viewed as people that do not think as Members of Parliament. When people have spoken then we oppose the good that has been said. We should unite in this House and go out and speak against sanctions …-[HON. MEMBERS: Hear, hear] –
may I please be protected Mr. Speaker.
Mr. Speaker, this will really help us as hon. members to come up with ways to help our country - as ZANU PF Members of Parliament publicly condemning sanctions and also MDC Members of Parliament publicly condemning sanctions. From there, we will become respectable Members of Parliament. By so doing, it does not give a good picture of where we are coming from.
I was shocked when the hon. Member of Parliament said it was her first time yet she was so articulate as if she was in the previous Parliament. But, those that were in the previous Parliament are the ones that are making noise and yet they failed to articulate issues like she just did. I am excited about the hon. member’s speech and can only add the fact that it is not only drugs but also water. You will find that there is no drinking water in the rural areas. People are ferrying water from open wells and boreholes that they share with animals and because of this health hazard, there is Cholera.
The situation can be tackled by us as Members of Parliament so that we can advocate for the Ministry of Health to be allocated more money without jeering at each other so that the Ministry of Local Government should be allocated money without jeering. The same applies to District Development Fund and Transport so that our boreholes are sunk. The ministry which was once led by Hon. SipepaNkomo should be allocated funds and when we do such things, it will improve our health delivery system.
I really implore all hon. members to unite and we should not jeer at each other. If someone has spoken well let us give credit to that person but if it appears as if we are learning politics in the National Assembly that should be found outside. In here we should work. I am repeating
Mr. Speaker Sir, that all hon. members should not be concerned about when it started but should say we are coming out of this Parliament with one voice because this will affect all of us. We should go out and denounce the sanctions together as Members of Parliament.
*MRS. MAHOKA: Let me start by congratulating you for being in that Chair. We are so thankful for the work which was done in this House. I would also want to thank all hon. members who are present for being elected by the people of Zimbabwe. The people of Zimbabwe are looking up to us for we were sent to represent them. So, all the people in this House have been given power by the people who elected them. As hon. members in this House we should be serious when we are in this House.
I would also want to thank the mover of the motion, it is a very good motion. I would like to thank you for your vision because people out there are in trouble. If we do not work together we will not get anywhere because for sure hospitals are far away. Things became worse because of sanctions. We need to get rid of sanctions which were imposed at the behest of our people. I think those who asked for sanctions should rot in jail. You actually see some people vindicating sanctions which destroy not only ZANU PF but even MDC-T people are dying because people are in trouble in this country because of what they know.
Even the hon. member who was there in the Ministry of Health, he found out that it was so difficult for him to work because of the
Inclusive Government which was not very clear. The people of Zimbabwe have elected people who are capable and also they elected a new Government of ZANU PF which is on fire. I think the motion which was moved by the hon. member – people out there are now looking up to us and they think things are now going to move because ZANU PF has taken its place.
We did not come here to play, even if you are from MDC-T, we are here so that we work together for the people of Zimbabwe have put their trust in us. We should work together because people who are dying are ours. For sure the nurses are in trouble but I think their troubles are coming to an end starting this month because this Government really knows what it is doing through the leadership of our President, Robert Gabriel Mugabe. This President was brought here by God. So, nurses no longer have problems because the Government is so good because it was put in place by the people. The Government which is there was put by the people and the people out there want to see action.
In the last five years there was no action because there was heckling and jeering. Nothing was being done because people came here to get rich. ZANU PF is made up of people who are hard workers. We own farms but some refused farms because they knew that sanctions were coming. Sanctions started when we did the Land Reform Programme. When we started fighting for our land that is when they started to put sanctions. It is not their problem, they did not know.
- SPEAKER: Order! Can we respect the hon. member who is holding the floor. If you have anything to say against, you are free to take the floor.
*MRS MAHOFA: I want this motion which was moved in this House to bear fruit because women are paying a lot of money which is hard to come by, especially in the rural areas. Let me say to the whole of
Zimbabwe or to the hon. members present that because of President Robert Mugabe we no longer have those problems.
We used to run this Government without diamonds or sanctions and it was so good but when MDC came, things started to go haywire. When sanctions were introduced, life became so difficult. Let me say that this issue of hospitals and our nurses being remunerated well, even the President mentioned it in his Speech. The nurses are going to get that money because they knew where to put their X by retaining the
President who knows what to do. So, if they bring more sanctions, the President who is there will continue. Even on our farms we used to farm with sanctions there because Gabriel is like an angel – you see, all hon. members are agreeing that Gabriel is an angel which was put down here on earth.
I am so excited Mr. Speaker for the hon. members who spoke about the health system in this country. All of us want good health. I want to thank the President of this country for choosing Minister Parirenyatwa as the Minister of Health and Child Care because he is well versed in this ministry. I want to tell all the nurses that we are going to have state of the art hospitals through our President R. G. Mugabe.
Thank you.
+MR. MAHLANGU: I thank you Mr. Speaker Sir. I stand up to debate on the motion that was moved by Hon. Labode in connection with the health facilities in our country Zimbabwe. Mr. Speaker Sir, it pains us a lot, as Members of Parliament when we come to this august House to debate such an important issue and we start to laugh about the lives of people. I realise that my colleagues from ZANU PF, when they are debating, they create a platform to showcase that they won the elections.
We did not come here to tell each other that we won the elections.
Everyone who comes to this Parliament has won the elections. We are not supposed to be telling each other whether you managed to win the elections or not but to represent our people. Some of you who are hon. Members of Parliament did not win the elections, but you actually stole the elections. It is on record. Some of us, managed to win the elections because we were voted for by people. Some of you were given the votes and we know that.
Mr. Speaker Sir, I want to highlight that the issue that was highlighted by Dr. Labode is painful. When we talk about the health delivery system in Zimbabwe, we all know that since independence up to the time that MDC was formed, we already had a crisis in the health delivery system. One thing that amazes me is that when we talk about challenges in the health delivery system in Zimbabwe, we then start talking about sanctions. When did the sanctions come in Zimbabwe?
When did the problems that we have in Zimbabwe start?
When we want to talk about an issue and hide the main issue, there is no way we can solve the problems that we have in Zimbabwe as long as we are divided. Let us as Members of Parliament agree on the problems that we have and how we are going to solve them. I also have people in my constituency in Nkulumane who want a better life and also you as an MP, Hon. Mahoka, you have people who want a better life from your constituency. Hon. Chinotimba had very good points when he said that, at the end of the day, we should realise that we are all Zimbabweans. The challenges that are faced by the people from our communities are the same challenges that are being faced by the MP from MDC or from ZANU PF. If you come here and start talking about sanctions, especially the female MPs, maybe you were told a slogan to talk about sanctions but Parliament is not about talking sanctions but debating issues.
Mr. Speaker Sir, let me come back to my debate. I come from
Bulawayo -[ HON. MEMBERS: Inaudible interjections]-
+MR. SPEAKER: Order. May you please give him a chance to
talk?
+MR. MAHLANGU: I thank you Mr. Speaker. I was saying I come from Bulawayo, as an MP from Nkulumane Constituency. We have Mpilo Hospital and Central Hospital in Bulawayo. They are called referral hospitals but to our surprise, you find that Mpilo Hospital is not referred to as a referral hospital. It is referred to as a district hospital. So in terms of allocation of the budget from the Ministry of Health, Mpilo Hospital is taken as a district hospital and it is not given the budget that it is supposed to be given. We realise that when we come to Harare for example, Parirenyatwa Hospital, when we compare the delivery system at Mpilo Hospital and Parirenyatwa Hospital, there is much difference.
Mpilo Hospital is not given enough budget like other big hospitals like
Parirenyatwa Hospital and Harare Central Hospital. It is disadvantaged.
One thing that I want to highlight to the Minister of Health is the issue that when the budget is allocated, Mpilo Hospital should be given enough budget because it is a big hospital that services almost everyone in Bulawayo. People are being short changed by that. I also want to touch on the issue of diseases that are a problem, like cancer. I think such diseases, the Government should take steps like what they have done with TB. When you suffer from TB disease, the Government is assisting. The Government should also assist anyone who is suffering from cancer. Also in hospitals, we have people who are elderly such as our grand-mothers and grand-fathers who are over 65 years who would be suffering from sugar diabetes, or BP. We realise that when they want any medication from hospitals, they do not get any medication. Even when they go to the pharmacies, still they are not able to get any assistance, because they will not be having enough money.
Some of them might not even have the cash to buy such medication. Therefore the Government should also try to take part in helping the elderly people to get medication. In Zimbabwe the health delivery system is only affordable to a person who has money. Anyone in Zimbabwe should have an opportunity to live, not only those who have money. Someone has highlighted that if someone is not feeling well, he can actually go and get medication from foreign countries like South Africa but, it is not everyone who is able to do so.
The health service delivery system should be accessible to everyone in Zimbabwe, not only the people who have money. Also the issues about clinics, especially in rural areas, I was happy so much to hear the Minister highlighting that he will build more than 1 000 clinics, I hope he is going to be able to afford that. I also hope that the money that we get from the diamond in this country is going to assist the Minister to fulfill what he promised to do whilst he is running that ministry and in your campaigns during elections.
The other thing that we hope for is; we wish that people who work in our hospitals especially the nurses and the doctors, Hon. Mahoka highlighted that by the end of next month, the doctors and the nurses, will be getting good salaries. I do not know whether she is the one who is the Minister of Finance. However, I will be happy if that happens. I hope that they are going to be able to fulfill their wishes. I will go to my constituency and tell people that ZANU PF has promised that they will give you money at the end of next month to fulfill everything that you have said. The other problem that is a challenge to our hospital staff is that our nurse and doctors are not getting enough pay. I hope the Government will give them a pay rise to boost the morale at the hospitals. I also want to acknowledge the presence of Dr. Labode and everything that she said in the motion. It is her first time in Parliament but very eloquent. She is also the Shadow Minister of Health and Child Care in our party, she is doing well.
- KEREKE: I want to thank hon. member Dr Labode for moving a very pertinent motion and also want to say that we appreciate the differences in views. It is the epitome of our democracy and the liberties of the speech.
The area I would like to contribute on in respect of the regulatory framework in the health sector, is that there is the parent statute, then we have a whole array of councils and associations which in my well considered view, are operating almost rudderless. You find a mere association and I will be specific, the association which looks at the pricing in the medical sector. It is not founded in any piece of legislation, a mere association, but it sets prices that then affects the delivery and access to health services by Zimbabweans.
We want to encourage and perhaps further move that measures be taken to put such associations under the statutory instrument of the
Ministry of Health and Child Care so that there is greater accountability. We also do have instances where the delivery of health services is done under the assumption that communicable diseases are more damaging to the species of humanity in Zimbabwe. I want to say when one compares HIV/AIDS which is a communicable disease against such non communicable diseases like diabetes, kidney failure, cancer as the hon. member here eloquently put it, you would find that the machinery of Government is almost paying a blind eye. Take for instance a patient who is ailing from kidney failure; this is what it means. It means for life, if that person is to survive, every week, he needs to go for therapy three times. Each time they go, they must part with between US$80 to
US$120. If you multiply by three, averaging US$100, that is US$300 to US$360 every week for life. The question we then pose and answer is; is it the intention of Government that if someone suffers from kidney failure, it then means they ought to be rich or they are condemned to death.
Such is the scenario in the health sector, the response framework, how Government responds. There has been a tendency to overplay and orient resources towards communicable diseases. We have the HIV/AIDS Fund, which is well funded. Currently, you can almost survive getting medication worth US$10 a month for an HIV/AIDS patient, whereas if you suffer from kidney failure you need thousands. There is no public intervention, there is no fund for kidney patients, yet they are the most desperate.
When you look at cancer treatment, the hon. member who spoke before me mentioned Mpilo Hospital. We have two major centres of treating cancer. For a population of our size of plus or minus 12 million, never mind the age group, some kids are born with cancer, so it affects everyone. If you look at our case, the majority live in the rural areas, the exposure and risk factor to cancer is affecting especially women, the toiling when they go out to gather firewood. It is an established empirical fact that the rural folk are more likely to conduct skin pigment related cancer yet there is no complete formula or institutional framework to respond to the issue of cancer. At Parirenyatwa, efforts have been made by previous Governments to put remedial machinery for the weekly and monthly treatments. How many of our grandmothers, grandchildren, daughters and aunties out there can afford bus fare to come and queue for the one machine in the whole country. The answer is the majority have got no access. The motion is very pertinent, it is a serious motion which we must deliberate on and come up with tangible solutions so that inter-generationally, we will be recognised as having made a difference to our people.
There is the issue Mr. Speaker Sir, around the subject of sanctions of whether they affect the health sector or not. I think the reality, I will use an example, in Chinhoyi, there is Chinhoyi District Hospital. It is one of the most well equipped hospitals but only ten percent of their equipment works. The reason is that they sourced equipment from France, Germany and United Kingdom. That equipment is not working because of the difficulties in securing the spare parts because of the dynamics of what other Governments say about supplying into Zimbabwe. I want to concur with Hon. Chinotimba to say let us sing from the same hymn to say those that supply our medical sector, for whatever orientations they may have with their fellow governments, they need to do so. Sanctions must not penalise us.
There was talk about the need for water, food security as it relates to the health sector. I want to say in the pyramid of existence, the base really, before you can talk of food, is health. You need to be healthy to be a farmer, to be sitting here, if we all had diarrhea, we will be queuing at the lavatories there, we would not be debating. Health! Health! It is so apt that this motion has been moved during our formative stage of this session, so that we lay the foundation of a healthy nation.
I want to move on and to propose that over and above the noble suggestions that have been put across, we also involve the community in growing the facilities for the health sector in rural areas. In Bikita West, we introduced a model for the benefit of hon. members, where we assist the community in getting say cement. It could come as a model through Government under the Constituency Development Fund (CDF). The local community is very willing and able to play a part through molding of bricks. We have artisans and builders who are ready, willing and able to invest their labour in the actual construction. We successfully constructed a maternity clinic at Marozva Clinic where the community played a leading role. So, whereas we say there are no resources, the community itself stands ready. It is given certain enhancements to create solutions. So, I would like to urge each one of the hon. Members here, if we say, in your constituency, over the tenure targeted, you come up with at least a clinic in every ward, I want to say Mr. Speaker, it is a very achievable target.
In fact the Hon. Minister’s target of a thousand clinics could very well be an understatement if a response framework to equip hon. Members with such resources to support with cement and you need very modest quantities which are affordable.
I want to touch on the issue of funding, Mr. Speaker Sir. It is very well to almost resign and say there is very little we can do because there is no money. When hunger strikes and difficulties tighten, there is need to introspect, look internally at what it is we can do as a people to deploy our own resources and to respond to our challenges. When you look at every employee in the country, by law, they are supposed to contribute to the National Social Security Authority (NSSA). NSSA has become a liquid elephant that almost tramples on the people. I will explain.
Workers contribute monthly, Mr. Speaker and if you do not contribute, it is a criminal offence. The question this House needs to ask and get transparent answers to is: Where does that money go to? I have a fair idea of where it is going to and I am going to speak, Mr. Speaker Sir. NSSA, on a monthly basis (and I am speaking in terms of Bolpak indicative figures not refined to perfection, but within the margin of reasonableness) gets plus or minus US$15 million, which is paid mandatorily by every person employed in Zimbabwe. Of that, about US$2 million is used monthly for their own operations. Naturally they need to pay salaries, their ZESA bills, water, etc. That leaves from
US$15 million, US$13 million monthly.
Given that they are an insurance entity, they have claims where those who retired and got injured at work post claims. Those claims, Mr.
Speaker, are no more than USD$4, 5 million in a month at the most. This leaves a balance of US$10 million to US$11 million positives, unencumbered, loose and free cash and it is a vehicle for national savings.
When you look at the current money market, a market where you invest money uri musvo. Dziri mombe dzinonzi hadzisi kurima, NSSA, I stand to be corrected, has got between US$140 million to US$150 million invested “in the money market”. Yet they are behaving like a private company which has the discretion to put money in the pillow, snooze and decide someday yet the august House, when it formulated laws to create the juristic person in the mould of NSSA, it was so that the country has long term savings to meet long term infrastructural developmental requirements. I want to move a motion that US$150 million should be deliberated on by the House and that the House uses legitimate means so that if the money if that money moves out of the money market, it is deployed in the health sector or even agriculture, the season is here – [HON MEMBERS: Hear, hear]. Agriculture is a key subset of health. Our Government, which has just been formed, has an urgent mandate to deliver to the people. We need fertilizers, we need inputs and if the Treasury issues a piece of paper, let us call it a health sector revival bond or an agricultural sector revival bond, issue it to NSSA and the cash comes this way. The next day we are spending to activate the livelihoods of our people. So I want this august House to be seized with the issue that the juristic creatures that emerged out of the laws the august House set must live to the expectations as per the letter and spirit of such laws.
NSSA needs to play a positive role. The target the Hon. Minister of Health has, there is the solution on how he can finance almost two clinics per constituency. It is there, the solution is there. As I said, perhaps it could be a matter for the relevant committees to then get the actual facts asked for through formal means so that greater accountability can be instilled.
The other issue, Mr. Speaker, affecting the health sector, is around the supply chain of medicinal drugs. When you walk into any average pharmacy, you will find that in general, the world over; generic drugs have become one of the cheapest basics in other countries, yet in our case, because the bulk of our generic drugs are imported from as afar field as India and other parts of the world. Locally the tendency and attitude of Government have been aloof towards activating the production of medical drugs locally, yet it is as important, a necessity as food. The same prominence we attach to food; promoting our farmers to plough, till the land and to produce enough food. I want to say, Mr. Speaker Sir, that same enthusiasm, noble strategic push be done in respect of the local production of medical drugs.
There was a time, and I will need to check on the current status of CAPS, which at one point closed for various reasons. Here is a country where we could not get the 4Cs which is a concoction meant for minor children who may have bronchitis, cough, high temperature and so forth.
Mothers would probably know better. But, we did not have 4Cs for months. We did not have a simple tablet to alleviate the unsettling effects of flu, we call them flumels, yes, that are manufactured by CAPS. The whole country went dry because as a country and Government we stayed aloof. The viability issues that unsettled CAPS were treated as a private sector affair or a shareholder’s affair that had to deal with their internal matters but as a country, we forgot to realise that this player is occupying a very vital space which is to produce essential basic drugs.
Most hospitals in the rural areas, the basic painkillers and other such devices for treatment, they depended on what was produced at CAPS. When it closed, the ripple effects touched almost the whole country. In support of the motion that has been moved, we really need to take a national geographical perspective to say, when we look at each province, what is the periodicity or the distribution channels. How often do supplies reach there?
In terms of local production, the quantities that are produced, what limitations do our local producers face as they produce medical drugs?
We then tailor-make so that when the Hon. Minister of Finance comes, as he will do to present the budget, we then must scrutinise that statement and see whether it resonates well with the thinking which I am persuading members to have, that we be convinced that the machinery of Government is responding to the definite glaring gaps in the health sector.
I could go on and on, let me end here Mr. Speaker Sir and challenge hon. members that here lies an area where we ought to be seen, not just on paper, but in reality to have meant a difference to our people. Political differences and heckling is healthy, it makes us strive as a people, but at the end of that heckling, we need to sober up, retreat and come up with agreed positions so that in our constituencies – actually it perpetuates our quality before the electorate if we deliver tangible results that they see. It is not just a matter of us discussing, we have to deliver what we have promised. I thank you.
ENG. MUDZURI: I really want to appreciate the motion by Dr.
Labode, seconded by Dr. Mataruse. We are a National Assembly. When we come here we are supposed to be talking about the nation, how far it has gone with the level of health failure. This country was inherited from the white men in 1980. Someone was saying they saw ambulances running. Ambulances were running. There were sanctions by 1980 in this country but I grew up seeing ambulances in rural hospitals. Today there are no ambulances in rural hospitals.
What I want to say here is that, we should not have “the blame the white syndrome”, when we are running a Government. It does not matter how you take power. Machiavelli says whatever you do, once you take power whether by a coup or by inheritance or whatever, your duty is to deliver the socio, political and economic goods to your community and here comes the most crucial good which is health. Government has a duty, irrespective of what condition, to deliver health services to the common person.
In my constituency, Warren Park, I have several hospitals, private and municipal hospitals, including the infectious diseases hospital,
Wilkins Hospital. There is also a rehabilitation centre which I do not think you know, St Giles – [AN HON. MEMBER: It is private.] – Aizve, it is private but there is no Government institution that deals with people who suffer strokes. It has become a common disease now and at elderly levels, there is no support system for all the people who are likely to suffer from stroke and other people who might not have anything.
The charges which people go through in terms of paying for their health once they suffer strokes are quite exorbitant compared to the income of the people. The Government cannot leave it to private people to rehabilitate people who become disabled by natural causes. We are saying we cannot afford to have a Parliament that bickers about 5-year ministerial positions when we have had 33 years of running a Government. 33-years of running a Government gives you a lot of experience. It gives you a lot of leeway to understand how you manage your economy or how you deliver to the local community.
Our biggest challenge is leveraging our natural resources which are mainly diamonds, gold and other things into the health sector. Have you addressed that? I understand Zimbabwe is now third or something as a diamond producing country but if you check the past four years they only delivered $43 million towards the fiscus.
I want to say, yes, we have hard minerals in this country and I said we are a third rated world producing country on diamonds. We need to leverage our production of those diamonds to ensure that our health and other services are delivered to our community. Diamonds have been sold. I think diamonds have been sold to quite a large extent. We have heard quantities, quantities which came out in this Parliament last time which show that quite large quantities of diamonds have been extracted and sold. What then ended being delivered to Government was $43 million.
Anyway, we have to seriously think about our country instead of just defending the indefensible. What I am saying here is that the money coming from diamonds is today, how many vehicles have we imported?
Luxury vehicles against all odds, we are talking of importing medicine. Are you telling us we are allowed to import vehicles more than medicines? Are you telling us that we are allowed vehicles more than pumping stations in city councils? Are we told that we are able to import vehicles more than building a dam to supply water in Harare just for health reasons? We are a failure if we do not introspect and look at ourselves as a nation and say whatever we are delivering, we are delivering for the purpose of a legacy that our children will inherit.
It is a shame that our President and I know that several Ministers ended up being treated in South Africa, Singapore and other countries when the common man is not being treated in Warren Park. The common man is dying of sicknesses like typhoid. These are dirty diseases that come out of the failure of a country to run in terms of taking its resources for the benefit of the common good.
As Dr. Kereke said, you can go into political expedience but this is what has killed this country. You would say, I stand by this, when you know you are not helping your community. I want to applaud vaChinotimba where he says “let us work as a nation”. A person who wants to see a difference in his country is not going to be just politically expedient at the expense of his people. We must look at this seriously and see where our money is going. If it is not going to our people, we must address it as a nation and as Parliament because we have a duty to oversee the work of Government. When you have a duty to oversee the work of the Government, you must ensure that all the resources that come into the fiscus or that are supposed to be coming to the fiscus are delivered to the fiscus and everybody benefits, particularly in the health sector.
I want us to make a recommendation where there should be a deliberate fund to ensure that the elderly people who are above a certain age, which I think those above 70 years are assisted to get treatment. Biblically, anyone above 70 is considered to have survived long enough to be accepted in heaven. Those people must be treated freely everywhere and we must be able to pay for their private medication. For instance, if they need rehabilitation, they must be paid for freely in hospitals like St. Giles. We are also looking at children, we need free medication for children because there is no child who has filled a form to apply to be born and to be born from which parent. There are
children who are disadvantaged, we need to have a deliberate effort to ensure that we have a resolution where Government takes part of these resources and put them towards enhancement of our children.
I also want to encourage that the curing of tobacco where you have transformed bans into clinics, please cure people and not tobacco. I thank you Mr. Speaker Sir.
- MLISWA: Mr. Speaker Sir, congratulations are in order. As Zimbabwe, we are certainly basking in the sun with so many countries with the resources that we have. They are not endowed with the human capital we have in the health sector. This is because of the nurses and the doctors that we have. For your information, the Medical Faculty at the University of Zimbabwe (UZ) was or is number six in the world. One of my medical doctors is white and has enrolled his daughter at the UZ. He comes from a medical background where they are all doctors in their family. They have gone to Cambridge and also to Oxford but have chosen the UZ Faculty of Medicine to be the place their daughter practices medicine.
We must commend our people for having kept the standards high despite the tough times our nurses – [HON. MEMBERS: Hear, hear] – our nurses are always smiling. I say so because I am born of a nurse of forty years. My mother is a nurse trained at UTH in Zambia and worked at Parirenyatwa Hospital. In our time of being sick, we hardly went to see a medical doctor because the experience that my mother had was good enough to treat us. The doctors who were coming in from the UZ would ask my mother because of her experience on what medication should be given to the patient.
We are talking of a long term in which a thousand clinics are going to be built but there is a short term strategy which must be employed because people are sick and they are dying. The outreach programme where mobile clinics are going must be revisited. This is important because from the Constituency where I come from, Hurungwe West, no one has money to go to a clinic or a hospital. These clinics and hospitals have no doctors who can assist them. That outreach programme assists in getting to the people and being able to assist them. We have to respect our elderly at the end of the day.
What are we doing as a nation when we expect an elderly person to jump on to a kombi to get to the hospital? Is it not time, as a nation that we also advocate for the hospital and clinics to go to the people? This will certainly alleviate some of the problems in the short term. A lot of what has been discussed by Hon. Members of Parliament certainly is good for the long term but in the short term, Mr. Speaker Sir, this must be looked into. The issue of cervical cancer has become a very topical issue and I think it is important that we get specialists in areas of cancer to visit the rural areas where people need help and be treated. We do not have the right machinery to treat them when they are sick.
The Hon. Member of Parliament Dr. Kereke alluded to the fact that it costs at least US$300 a week for dialysis treatment for anybody. Prevention is better than cure. By that, I am advocating for short-term strategy to be employed by the Minister before clinics are built and those mobile clinics which used to visit the areas, continues doing so using the human capital which Zimbabwe has.
Mr. Speaker Sir, may I take this opportunity to heartily pay tribute to the doctors and nurses of this nation for such a wonderful job. I thank you Sir. [HON. MEMBERS: Hear, hear].
MRS. CHIRISA: Thank you Mr. Speaker Sir. I would like to say thank you to all the other hon. members who have contributed to the motion. We all agree that the public health system is the largest provider of the health care services and complimented by Mission Hospitals and some Non-Governmental Organisations. In recent years this has declined due to economic decline and political instability and reduction of health care budgets. This has affected health care service at all levels.
I also want to take the House a little bit …
- SPEAKER: Order, will Hon. Mliswa please switch off your microphone. Thank you.
MRS. CHIRISA: In the early 80s, we had a smooth running health care service and we used to have a slogan ‘free health for all’. This slogan, as we went towards the late 80s and early 90s it was no longer said or sung by the children and mothers. Why? Because corruption had crept in and resources had started to disappear. What comes to mind is the Paweni saga, social services, the Willowgate scandal and you name them. This affected the poorest of the poor and with a 40% drop in health care coverage. Chronic malnutrition limits the life prospects of more than one third of the country’s children.
As a country Mr. Speaker Sir, we experience a heavy burden of diseases dominated by preventable diseases such as HIV infection and AIDS, malaria, tuberculosis and other vaccine preventable diseases, diarrhoea disease and health issues affecting pregnant women and children. Health also is a basic need for the population and if there is a nutrition budget or a nutrition diet in the home, a lot of these diseases will be preventable. I remember the communal farmers used to contribute to the good health of the nation and we expected wonders when Zimbabwean black farmers started utilising the farms; but unfortunately, we do not see anything coming out of those farms. It is a pity Mr. Speaker Sir.
There is a shortage of skilled professionals and health care like Dr Labode has said. This also has contributed to the poor condition of service. The eroded infrastructure, ill equipped hospitals like my colleagues have also mentioned. I would like us to know that access to health is also contributory to the nation’s health population.
Health care services are now demanding user fees. These are applied ad hoc and vary from provider to provider. This also acts as a barrier to basic health services. I remember, as the then Zimbabwe’s Deputy Prime Minister, Hon. Thokozani Khupe; mentioning in her analysis of the status of women and children’s rights in Zimbabwe – she made a call for reducing disparities and improving equity. As the world turns to 2015 when all countries will be evaluated against their progress on the Millennium Development Goals (MDGs). She went further to say that it is increasingly clear that women and children are central to the achievement of the major MDGs. She also said that Governments’ successes are measured, not just by improvement in the political and economic situation but by how successful we have been in helping our women and children.
Mr. Speaker Sir, we are approaching the rainy season and this comes with different types of diseases. We are saying, something must be done in terms of preventing cholera. They always say prevention is better than cure. Budiriro is one of the most affected areas in terms of statistics from the last rainy season. I am appealing to the Ministry of Health to start doing something because this is linked to water and energy. Some of these things we can prevent as a nation if we are serious but there is a lot of corruption that has crept in. People do not care much about the nation. They care much about lining their pockets and feeding their families and forgetting that they are in the august House.
In conclusion, I would like to say that the Ministry of Health has a willing partner, WHO, which is an international organisation. WHO has advocated for improved access to oral rehydration for treating moderate dehydration, which is a symptom of cholera. This could help quickly reduce sickness and deaths. I thank you Mr. Speaker.
- ANASTANCIA NDHLOVU: Thank you Mr. Speaker Sir. I
would like to start by thanking the hon. member for moving this motion which is a very critical motion as it contributes to the country achieving the developmental goals which are set before us among many other reasons.
I was looking at the motion and I said this is a motion which adds value to why we are here. I agree with the mover of the motion that of course, health care in our country has deteriorated due to a number of reasons mainly in the past ten years, when the economy was not performing for reasons which mainly include the obvious one of sanctions.
Mr. Speaker Sir, I do not agree with the mover with regards to the assertion that there is a lack of adequate attention, time and effort into averting the health crisis by the Government; because in his opening remarks, President Mugabe made it very clear that his Government is committed to making sure that social services are improved including health care and that must be applauded. It is very sad that the gap between the private and public health delivery system continues to widen as a result of the challenges that the public health sector is facing. For example; most of the public health institutions do not have specialist equipment. The equipment that is there is not working for reasons said by previous speakers. I am not going to labour much on that but I am going to make some suggestions on how I think we can address public health care.
Government needs to procure and service specialist equipment; for example, it is very expensive for one to get a scan done, yet a scan in some instances will be the deciding factor on how the specialists can work on the patient. Effects of lack of such systems are mostly felt by the women and children. As a result, we need to take this motion seriously so that we are able to address infant and maternal mortality as a nation. We need to be united and urge Government to do what it did with HIV AIDS when it was first discovered. In almost all schools, children were taught about the dangers of HIV and AIDS. The same should be done with regards to non communicable diseases including issues to do with obesity which is one of the major causes of hypertension, sugar diabetes among many other non communicable
diseases.
Mr. Speaker Sir, Government should also set up rehabilitation centres for victims of accidents, strokes and so on; such as St. Giles which the hon. member said was in his Constituency when he was debating. It costs Mr. Speaker Sir, $600 a week for one to be treated at St. Giles here in Harare. It is the best rehabilitation centre in the country but it is a private institution. So, I urge Government to set up such institutions probably, one per province so that the people who are victims of accidents, strokes or even children who are born with disabilities can have access to such facilities.
Mr. Speaker Sir, reports that at Harare Central Hospital, mothers are delivering babies on the floor are very disturbing. It is indeed unacceptable and needs to be addressed forthwith. It is an insult to the dignity of women and we cannot afford to have such things happening.
But, I want to believe that, with His Excellency’s commitment made in his speech during the opening of this Session, these things will be addressed.
Water and energy shortages Mr. Speaker Sir, need to be addressed at all health institutions. People who are on oxygen life support can lose lives when there are energy shortages. We all know that vaccines and medicines need to be kept in refrigerators for them to maintain what is called a cold chain so that they are not affected by heat. Temperatures should not exceed eight degrees Mr. Speaker Sir. So, where there are power shortages, these medicines cannot be used because they will be a danger to the patients. So, it is very critical that energy issues are addressed as well as water so that we have a sound health delivery system.
Mr. Speaker Sir, I want to also urge Government to ensure that the doctor/patient ratio is addressed, not only at district hospitals in the towns, but including the referral hospitals within our rural areas so that our people’s lives are saved. As we speak, the doctor/patient ratio is very pathetic. Mr. Speaker Sir, just as the whole civil service was affected, the men and women working in the health sector are among those mostly affected by the poor conditions of service. It is therefore imperative that Government, as it seeks to improve conditions for civil servants, those in the health sector, which is an essential service, are also considered.
There are shortages of human capital at hospitals, yet we have a number of qualified nurses who have graduated in the past two or so years who have not been absorbed into the system. That also needs to be addressed. Of course, as we bemoan the situation of the health sector, I want to congratulate Government for the progress made with regards to reducing the HIV prevalence rate towards achieving zero new deaths and zero new infections.
I want to applaud the Ministry of health for the progress made in
Masvingo Province where out of 186 pregnant mothers who were put on treatment to prevent mother to child transmission, 182 babies were born HIV negative. So, those efforts should be applauded and should continue. I also want to congratulate Government for reports that we saw in the media a few weeks back that pregnant mothers now have a B+ option. This means that, for a pregnant mother who is positive, they are not only going to get treatment to prevent mother to child transmission, but the mother herself is going to be immediately put on treatment. That ensures that we have zero new infections, the baby is born HIV free and also zero deaths. The mother will have a prolonged lifespan. This must happen because previously the mothers would not come back for treatment. Once they delivered their babies, some of them would not come back. So, I want to thank the mover of the motion and the hon. Members who have debated before me and say that we need to continue moving in this spirit and deliver to the electorate who have put so much confidence in us.
Mr. Speaker Sir, I want to thank you for affording me this opportunity and say that we must do the things that we came here for.
Scoring points does not add any value to the electorate. Singing or playing to the gallery is a let down on the electorate. Thank you Mr.
Speaker Sir.
I want to also at this point congratulate Dr. Parirenyatwa and his Deputy, Dr. Chimedza. I want to believe that they are going to be able to deliver and make sure that the health sector in this country is one of the best in the region and of course, long live President Mugabe and his Government. I thank you.
- MATANGIRA: Thank you Mr. Speaker. My name is
Matangira Remigius. My Constituency is Bindura South. Mr. Speaker Sir, I would like to congratulate you also on your election as the Speaker of the National Assembly.
Secondly, I would also like to thank the mover of the motion on health but, I wish now actually to maybe express my dissatisfaction on the way we are handling business in the august House. Our people are earnestly waiting for whatever we are going to be delivering in the
House to benefit them. But, to my surprise, it would look very much
like I said in the past Parliamentary sittings, nothing seems to have come out except heckling and arguments. My wish is, may be, I would want to express it in the vernacular.
Sonke siyakwazi ukuthi sivelaphi. We all know where we are coming from and we know where we are going.
Zimbabwe came because of those gallant sons and daughters who died for the independence of this country. Kungela mehluko ukuthi namhlanje umuntu ukuphi –there is no difference where someone is coming from today. Rusununguko rwakauya nekudeuka kweropa. Huyai tive tinoita respect ourselves because we are representing those who chose us as God permitted. Leaders do come from the Most High; you do not make your leadership from your pocket. It is unheard of.
- SPEAKER: Order, may I remind the hon. member to use one language and not three for recording purposes. Proceed.
- MATANGIRA: Thank you Mr. Speaker, ndiri kukumbira kuti, I speak both Ndebele and Shona…
- SPEAKER: Order, can you follow the Chair’s instruction.
Thank you.
*MR. MATANGIRA: Democracy states that even where cattle
herding is concerned – there is democracy.
Part of speech not recorded due to technical fault.
We said that we should build our own clinics, a single clinic at Rutope where a ground-breaking ceremony was held. There will be another one at Manhenga and the community at Nyava will start constructing their own next month. Today, we wonder what has to be done. Let us unite, let there be a sense of common purpose that will lead to the development of the country and translate to a better livelihood for the people.
Mr. Speaker Sir, thank you for affording me this opportunity.
THE MINISTER OF STATE FOR MATABELELAND
SOUTH PROVINCE (MR. A. NCUBE): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 1st October, 2013.
On the motion of THE MINISTER OF STATE FOR
MATABELELAND SOUTH PROVINCE (MR. A. NCUBE), the
House adjourned at Twenty-eight Minutes to Five o’clock p.m. until Tuesday, 1st October, 2013.
A t215225 27/6/13
PARLIAMENT OF ZIMBABWE
Thursday, 27th June, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE ACTING SPEAKER in the Chair)
MOTION
CONDOLENCES ON THE DEATH OF HON. EDWARD
TAKARUZA CHINDORI-CHININGA
- MUNENGAMI: I move the motion standing in my name
that this House expresses its profound sorrow on the sudden, untimely and tragic death on Wednesday, 19th June, 2013 of Edward Takaruza
Chindori-Chininga; Hon Member of Parliament.
- MUSHONGA: I second.
- MUNENGAMI: Edward Chindori is no more, in flesh and blood but in his words and deeds will remain permanently in our memories to allow us to celebrate his life and death as part of an inevitable exit mankind faces. His death is a big blow to parliamentary democracy. But one might want to ask who Chindori was.
Edward Chindori Chininga was born 58 years ago. He completed his Ordinary Level education at Kabulonga Boy’s Secondary School in Lusaka, Zambia in 1976. In 1978, he obtained a Diploma in French Language at the University of Clement Ferran, France. In 1978, he completed the Diploma in Sales Management and Marketing (UK). In 1979, he obtained a Diploma in Hotel and Catering Management (France). In 1980 he gained a Certificate in Classic Cuisine and was subsequently attached to Aeroport Hotel in France on a year-long internship where he gained experience as Front Office Trainee Manager and as Night Duty Manager.
In 1981, he was appointed Assistant Conference Manager based at
United Nations Conference on Trade and Development in Geneva,
Switzerland. Between 1981 and 1983, he was the Marketing Manager for North America based in Chicago Illinois, USA. In 1983, he became
Director for North America for the Zimbabwe Tourist Office in New York, USA, a position he served up to 1988.
Between 1988 and 1992, he was appointed Assistant Secretary in the Ministry of Environment and Tourism in Harare, Zimbabwe. He rose to the position of Director for Southern Africa in the Zimbabwe Tourist Office in Johannesburg, South Africa in 1992 and was subsequently posted to the Harare Office in the same capacity. He was subsequently appointed Deputy Minister of Environment and Tourism in 1995 and served up to June 1997. He was appointed Minister of Mines, Environment and Tourism in June 1997 and later transferred to become Minister of Mines and Mining Development, a position he held until February 2004.
He was elected Member of Parliament for Guruve South
Constituency in April 1995, in 2000, 2005 and in March 2008 elections.
That is when I now came to know him when I joined the Mines
Committee. He served as the Chairperson of the heroic Portfolio Committee on Mines and Energy from the inception of the Inclusive Government to the time of his death.
Mr. Speaker Sir, this committee which Hon. Chindori chaired became the talk of Parliament, if not the whole country, through its oversight role when it conducted enquiries into the diamonds, chrome, energy and the Mashava-Zvishavane Asbestos Mines.
It was this committee Mr. Speaker Sir, which even the Clerk of Parliament, Mr. Zvoma here to my knowledge, will always remember because it put him on the world map when he presented a paper on
Zimbabwe’s Parliament’s oversight role in Europe. His paper was well received internationally when he eloquently spoke about the achievements of the Mines Committee.
It was through this Committee Mr. Speaker Sir, through the leadership of the late Hon. Chindori which, exposed, through its report and investigations, Mbada, the largest diamond producer which had lied that it contributed about 293 million dollars to Treasury when in fact only 4 million was remitted to Treasury.
It was this Committee Sir, which exposed that Government may have been disadvantaged through investments which were made in diamond mining by its joint venture partners. Hon. Speaker, Mbada and Canadile were supposed to invest $100 million each for a start but only $5 million was invested and this was revealed when ZMDC expressed reservations in its diligent report.
It was this Committee Hon. Speaker Sir, through the leadership of Hon. Chindori, which exposed the entire diamond chain of disorder; like the aborted auction sale which took place in Harare which shows the lack of coordination within Government institutions. It was again this Committee Sir, which became the first in the history of Parliament to invoke Section 9 of the Powers of Parliament to force mining bosses to come and appear before it.
It was Mr. Speaker Sir, this Committee which brought to the world, the untold suffering story of the Mashaba-Zvishavane mining community at a time when such voices were missing in action. This
Committee gave this mining community their voice in Parliament. And as stated by Mutumwa Mawere that although as a Committee we lost the battle, we did not lose the war. The Mashava-Zvishavane story became a reminder that change can only happen when people choose to act and through Hon. Chindori, we acted and this legacy will forever be secured in our world. Hon. Speaker Sir, it was again this Committee which almost brought Senator. Chinamasa down to his knees only to be saved by you Sir, when we wanted to charge him with contempt of court. It was this Committee through Hon. Chindori-Chininga which exposed how the issuance of chrome mining claims had affected the industry, and how political heavy weights were protecting the miners who were defacing the environment. Mr. Speaker Sir, I could speak on and on, on the achievements of the Mines Committee. I know this might take two days and you might be forced to extend the life of this
Parliament up to next week, but only to say because of Hon. ChindoriChininga, the Committee became a thorn in the flesh of the Executive and Minister Mpofu can testify to this.
In his speech on the eve of our independence, the then Prime
Minister, now the President of the Republic of Zimbabwe, His
Excellency President R. G. Mugabe said, “as we become a new people we are called to be constructive, progressive and forward looking, for we cannot afford to be men and women of yesterday. Our new nation requires us to be a new man, a new woman with a new heart and a new spirit. Hon. Chindori-Chininga was indeed very constructive and progressive.
Mr. Speaker Sir, Hon. Chindori-Chininga wanted to change the system not just to understand it. He knew what he wanted in life. He was focused and very outspoken about national issues, yet he was humble and non controversial. He was forthcoming in terms of his work and he knew his subject so well. Hon. Chindori-Chininga was one politician who worked so hard for his country. He could speak his mind out and could defend his thoughts without fear or favour. He respected his party’s leadership yet he could not be bullied around, no wonder why he was chucked out of COPAC.
Mr. Speaker Sir, Hon. Chindori-Chininga was a highly accessible and accountable person through the social media platforms. This allowed him to be invited and present papers to different foras both locally and regionally. As a Committee we looked up to him for guidance. He was like a father to us. He provided the needed leadership. We became a formidable force with the assistance of the Committee staff (Mr. S. Manhivi, Ms. A. Gutu, Mrs. C. Mataruka and of course, Tezvara Nyamuramba, the Public Relations officer). He could laugh, joke and even allowed us to mock each other about our different political parties. I remember one of his jokes when we argued about Hon. Kay better known as Baba Davie here and Hon. Haritatos also better known as Baba George. When we talked about them being whites that they should be chased away, he would say, “no comrades, Baba George is not white but Greek. So only Baba Davie should go”, such was Hon. Edward Chindori-Chininga for you.
What is worrisome to me Mr. Speaker Sir, even to many honourable members here is that, Hon. Chindori-Chininga, the gallant son of the soil, the Parliament hero, the Zimbabwean populace hero, was not granted national hero status. It brings me to the question of who a hero in a Zimbabwean perspective should be. Even here at Parliament where he excelled greatly, where he raised the name of Parliament high, where the clerk spoke highly of the good work of the Committee, where a bus was provided during our tours in the country, the administration of this august House found it not important to provide a bus to go and bury him because this has never happened before.
Surely Mr. Speaker, does it need the SROC to make that decision? Does it need this august House to make that decision just to provide a bus kuenda paGuruve. When the Executive declares someone a national hero, you rush to give us coupons but one of our own, a backbencher you refuse to give us a bus which is actually cheaper. Why Mr. Speaker Sir? I believe we need to change the way we do things here Mr. Speaker Sir.
Lastly, as we celebrate the life of Hon. Edward Chindori-Chininga, we would always remember the statement by Mrs. Margaret Thatcher as stated by Mr. Mawere that says, “society does not exist but individuals do”. This is also applicable to political institutions and if it is correct that individuals give society character and personality, it must be true that individuals also shape and define political institutions. Mr. Speaker Sir, it is often easy to assume that political institutions, the character and personality required to exist and survive; Hon. Chindori-Chininga did that. In his small way, he gave ZANU PF party a character and personality which was not known to them. He was appointed to be chairperson of the COPAC’s All Stakeholders Conferences.
To conclude Mr. Speaker Sir, I will quote what Mai Mujuru said when she visited the Chindori-Chininga family, “why Chindori” and I am also saying “why Chindori”, my mentor, my leader, my father, advisor, why has God done this to you? Why die tragically? Why die after a successful meeting we had at the Rainbow Hotel on Tuesday? How can we as a nation, as a people, as a Government not give such gallant sons of our country national hero status? Why, why, why? As his mother said, “only God knows” and I will also say “only you the
Almighty know the reason why you did it.” I thank you.
- MUDIWA: Thank Mr. Speaker. I rise to express my condolences to the family of the late Hon. Chindori-Chininga. Edward Chindori-Chininga was a brave person who stood up to any type of evil forces. He was a very professional person who stood above partisan politics. He was very bold, especially on the issue of Chiadzwa diamonds. He raised the issue of lack of transparency and accountability to the highest tone.
Mr. Speaker, the late Hon. Chindori-Chininga expressed his concern on the way the relocation in Chiadzwa was done. He upheld that the Government of Zimbabwe should follow international standards when it comes to relocation.
Under his leadership, the Parliamentary Portfolio Committee on
Mines and Energy, is and is still the best Committee in this current Parliament. Zimbabwe and his family have lost an intelligent and fearless leader. May his soul rest in peace, I thank you.
*MR MAZIKANA: Thank you Mr. Speaker. I rise to thank the mover and the seconder of the motion. The mover of the motion touched our hearts because he is talking about a person we knew very well. I worked with the late Hon Chindori-Chininga for many years. Having worked for the civil service, he was asked by Mashonaland Central politicians to contest as a Member of Parliament for Guruve. He contested but unfortunately, there was a dispute and he did not make it to Parliament that year.
I knew the late Chindori-Chininga as a man who knew a lot of languages. His other name was Takaruza. He would speak several
Zambian languages. Amongst the languages he spoke were English,
French, Shona and Chikorekore. In 1995, he became a Member of
Parliament. He represented Guruve South and I represented Guruve North. He had more experience in the operations of the Government and he would assist me as a Member of Parliament of Guruve North. He would advise me properly. I recall he helped me with the first project in
Southern Africa, that of rearing impalas. We had come up with Gonono Impala Range and we got support from SERAD, which is a French based organisation. The project is helping the people who live in the
Zambezi Valley in the Mbire area which was formerly Guruve North.
The late Chindori-Chininga was a conservationist. He encouraged the upkeep of faunas. We used to have meetings in both our constituencies. We used to have joint meetings. The late ChindoriChininga was a member of the ZANU PF Central Committee. He was also a member of the National Consultative Assembly in ZANU PF. Before he lost his life, the late Hon. Chindori-Chininga had embarked on some projects in his constituency. In the last six months, he had started small irrigation schemes. He has a heifer bull scheme which he was running in his constituency. Many would remember him when they see the bulls in his constituency and that they have received a lifelong gift.
He had farming at heart and he was farming in Mazoe. He was supporting the Zimbabwe Agrarian Reform. I would want to thank the Government for affording him the Provincial Liberation Hero status. I would want to say brother Chininga, go well, rest in eternal peace.
Remember the children that you have left in Guruve South as well as your family. To Linda and the Chindori-Chininga family, I say my heartfelt condolences on the loss of such an energetic man. I thank you.
- GWIYO: Let me also join other colleagues in expressing my sympathy to the Chindori-Chininga family. Mr. Speaker Sir, I had at one time, the privilege of discussing with the late hon. member, when I asked him the question that, why is it that in ZANU PF you are so brave and you can speak out. His answer was that during their stay in Zambia, his father had the privilege of associating with President Mugabe and the late Vice President Msika Hon. Joseph Msika. So, to him, he actually had a fair and father-son like relationship with the Head of State and that was his answer. Mr. Speaker Sir, it is not in my interest to discuss whether he was supposed to be a hero or not a hero. I am more worried with the problem that the issue of discussing a hero or not a hero is a
ZANU PF issue. As a member of MDC, I am more worried with the
ZANU PF tendencies that are creeping into the MDC. This is manifesting itself in the nature with which we have engaged so far in having stolen elections through and through in the primaries.
I want to indicate the fact that today we are crying about the loss of Hon. Chindori-Chininga. What is the future case of Hon. Mafa who initially was declared having won and all of a sudden was told that he had lost? Are we not also ashamed of creating problems when we are supposed to be an institution of excellence?
Mr. Speaker Sir, I also feel sorry that Hon. Chindori has departed without his promised laptop while we are all aware that the Minister of Information Communication Technology promised all of us laptops. I am worried and disappointed but it is my hope that this commitment will be fulfilled. I will be very disappointed to comprehend the fact that in the five years, the Minister of ICT succeeded in giving Chinotimba only a laptop. I am disappointed Mr. Speaker.
Let me also raise Mr. Speaker, the fact that we cherish some of the ideas that Hon. Chindori actually left to us. He was very clear. He was against the behaviour of people surrounding the Head of State, telling him a lot of lies. I can imagine and I am also getting worried that my own President, my Prime Minister is not receiving issues that are actually affecting us at the ground and it is not in the interest of our struggle for change.
Mr. Speaker Sir, let me also take this opportunity to bring about two perspectives: we need to tame the road carnage but we also need to tame the political carnage both inter and intra. It is my hope that the issues that I am raising Mr. Speaker, it is fortunate that I have the freedom to do that in this Hon. House.
As I conclude, I want to express my deepest sadness in the loss of Hon. Chindori-Chininga and I also had an opportunity to borrow some of the issues that he cherished. On some of the issues, it will be a good thing to also see them going on as we pursue our struggle, the agenda for change. Viva freedom of speech! Mr. Chair, thank you.
*MRS. MATAMISA: Thank you Hon. Speaker. I am rising to speak about the hero that has just departed. I also want to raise my voice to the Chininga family, saying we are crying together with them. I have known the man who was known as Hon. Chindori Chininga for a very long time. I used to hear about him on the news when he was still working in some ministries as alluded to by the earlier speakers.
The reason why I have stood to speak is mainly on the work that we worked together from 2009 when we were appointed to be part of the Select Committee of Parliament, to develop a new Constitution. That is when I learnt about the real personality of this man called Chininga. When we got to COPAC, to progress, we decided to have subcommittees which would feed into the main Select Committee. So, Hon. Chindori-Chininga was selected by his party ZANU PF to be the head of the Stakeholders Sub-Committee in which I was part of, as a member.
The leadership, Hon. Chindori-Chininga displayed was of high calibre. Hon. Chindori-Chininga, as the Chairperson of the Committee of the Stakeholders, was a pacifier of the group. He would quickly identify challenges and then resolve it before it would have had gone far. Hon. Chindori-Chininga in that Committee would accord every person a chance to contribute and everybody was being treated equally and contributions receiving equal status value. He had not undermined anyone’s views.
THE ACTING SPEAKER: Order hon. members, please switch
off your cell phones.
*MRS. MATAMISA: I am sorry Mr. Speaker Sir; I cannot even switch it off, it is new technology. Hon. Chindori-Chininga valued the contributions of hon. members who were in his Sub-Committee. Therefore, when the Sub-Committee would meet, whatsoever we would have agreed to would stand firm and none was able to change it. Despite his best conduct, that did not please his party ZANU PF because there was strong friendship since the team had bonded and was ready to do the will of the people, we had been representing here in Parliament and the wishes of our Principals. ZANU PF was never impressed and they rushed with his name to the high levels until ZANU PF removed Chindori-Chininga on the list of names of the Select Committee before we had finished our mandate to produce the Constitution.
That is one of the issues which worried us but we could not do anything as MDC since we had not been able to fight for someone in ZANU PF, if ZANU PF itself had failed to fight for its own people. Let me hasten to say, Hon. Chindori-Chininga was a friend even here in this august House and everywhere. If you would meet him, he would say how are you mother? Senator Muchihwa was his real mother and I was not but I had become his mother also. He would say mother, how are you? He would say, how is home? That was his personality. He respected others. In English they say, “respect is earned; it is two way and it is reciprocal.” That is what Hon. Chindori-Chininga would do. He started by respecting others and now we are respecting him even though he is no longer with us.
He was a relative to those who had none. Chindori-Chininga never stereo-typed anyone. He would respect everyone. He had no problem with other people’s views but his problem was on those who did not have a vision of the future. I think Hon. Chininga already had a different view of things because he was seeing and living in a world of his own which is not the one we are in. What he had been doing could not reflect that he still had any relationship with ZANU PF. He had a different personality.
I do not want to speak further because I may disturb his travelling soul. At this point in time, I would like to say, may your dear soul rest in eternal peace. To your wife, your children and your daughters, we are with you as you mourn. May the good Lord console you during this difficult time? I thank you Mr. Speaker.
- F.M. SIBANDA: Thank you very much Hon. Speaker. I
need to join the other forces in celebrating the life of Hon. ChindoriChininga, but there is a flipside of his story that I need to elucidate to this House. Before I continue, I need to thank you Mr. Speaker, for I believe that, this is my benediction statement. As I took it yesterday, that when I started in 2008, I had a problem of crafting my maiden speech, hence I was taught to craft it. Today, it appears that it is the end of my history as a Member of Parliament because times change and people change. Therefore, it is my benediction to this august House.
This is so because for 120, years the Zimbabwean Parliament has not done a mammoth work that we have done constitutionally. This Seventh Parliament is the mother of all Parliaments since 1890 because referendums and constitutional dispensations, most of them were no votes. I remember very well that in 1923, a constitutional dispensation was undertaken to choose a Union of South Africa and also self government. The whites then chose self government.
In 1972, the Pearce Commission was also a resounding no. In 2000, there was a resounding no of the referendum but come 2013, we had a massive resounding yes. So, I need to thank this Parliament for the mammoth task that they did together with Chindori-Chininga.
Otherwise, we are the best Parliamentarians.
People might say we have not performed, but we knew we were performing, trying to reform the laws of this country of which we did holistically and successfully. Those that are going to continue as
Members of Parliament should take the spirit of Chindori-Chininga to implement what the spirit and letter of the Constitution of Zimbabwe is currently enacted.
The flipside of Chindori-Chininga was a freedom fighter; hence his character is contradictory to ZANU PF. He was a war freedom fighter based in Zambia, hence when Hon. Mazikana spoke here; he had a lot of resistance when he was to join the political party in his home area. He has a background of Zimbabwe People’s Liberation Army (ZIPRA), under the leadership of Joshua Mqabuko Nkomo, Dumiso Dabengwa the suprimo intelligence officer, Nikita Mangena, Lookout Masuku, Jaison Ziyapapa Moyo and George Silundika.
So, he was never acceptable to ZANU PF because he was working under these leaderships of ZIPRA and ZAPU. He was doing what we call military reconnaissance. It is a technical word that is used in the military terms - reconnaissance, intelligence. You could gather intelligence in Zambia and you could come to Zimbabwe, gather intelligence and feed ZIPRA for better execution of the war. You can see that he was with ZANU PF, but the majority of ZANU PF members never accepted him holistically because his background was ZIPRA/ZAPU.
He suffered like me on identity crisis. ZANU PF thought that he was a Zambian but his heritage and ancestors are Zimbabweans of the korekore tribe. It is also ironical that as I speak, the moment you migrate to a certain country and when you come back to your homeland, you suffer what I call identity crisis. They will take you and accept you the way they want you to or they will choose whatever they want. One day you will be a frog when they need you. Tomorrow they will say you are bait, when they do not want you.
So, Mr. Chininga suffered identity crisis because for most of his life, he lived in Zambia. Mr. Speaker Sir, I am very saddened that a man of that magnitude and stature has been awarded the least liberation status, that a toddler could be afforded. I moved a motion in 2008 on who has to be conferred a hero status. Some of ZANU PF members supported that motion. That motion was certified here but implementation thereof is zero. So, inqobe yami, chitsvembu, my challenge is that those who will be coming in the Eighth Parliament, you should be strict with motions that are certified. When a motion is adopted, where is it transmitted to?
Is it transmitted to the Speaker’s Gallery or to the Clerk of Parliament and that is the end? I think with my studies, whenever a motion is tabled, it has to be certified and transmitted to the respective offices so that it has to be adopted. So, I leave this Parliament with a very big heart that whatever we did for five years has never been implemented to the spirit and letter. Only the constitutional dispensation that we did leaves us with great sigh that we achieved together with the late hero, Chindori-Chininga.
Heroes are never declared by the living but heroes are self declared. The living only pronounce after you have died. So, I am urging this august House that heroism is never bought. 0Some are born leaders and for others leadership as acquired but heroism is self made by characteristics and by your way of doing things – by being honeót, transparent and kind minded. I urge this House to take cognisance ïf all what I have said together with what Hon. Munengami said. I wish this Hon. Hero to rest én peace. I thank you.
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Thank you Mr. Speaker Sir. It is unusual for miniSters to speak on motimns, but this is an auspicious occasion ánd I wish to associate mySelf with the words expRessed on behalf of the departed late Edward Khindori-Chininea.
Mr. Speaker Sir, there are four words which qre important when we zemmmbeR tie life /f thd late Chinlori-Chininga. There$is tranqparency and accouîtabili|y. Mr. Speaker Óir,"the late ChindoriChininga espoused these qu!lities in their fullest extent. You will recall that the last report that he presented to this Parliament is a report which attacked the opaque nature in which, in particular, our diamond industry was being managed or mismanaged. What Edward Chindori Chininga stood for was transparency and accountability? The corollary to this is impunity and entitlement.
Again, Mr. Speaker, for those who associated with him, they will appreciate, know and accept that this was a person who did not tolerate impunity and entitlement. This Parliament, this country is the worst for his passing but whilst we mourn his passing, let us all rejoice in the sense that we had an opportunity to know Hon. Chindori-Chininga during his lifetime. We were enriched by the discourses we had with him and we must say with humility, that God has taken him but obviously to his family we must extend our sincere condolences.
- MUNENGAMI: Thank you Hon. Speaker Sir. As I stand here to move for the adoption of this motion, I just want to say Hon. Chindori-Chininga was a principled man. I also appreciate the principles which are being shown by the hon. members here present. However, I feel that this is not the platform for us as Members of Parliament to settle our grievances within our political parties. It is very unfortunate Hon. Speaker. I think as hon. Members of Parliament, we have got platforms within our political parties to air our grievances, not in this august House.
Anyway, I would like to thank Hon. Mudiwa for being the seconder. Hon. Mazikana, maita henyu Honourable nemashoko akanaka amataura. Hon. Gwiyo and Hon. Mai Matamisa nemashoko akanaka avataura. Hon. F.M. Sibanda, thank you very much for the input, history and information which you actually gave us. Minister Matinenga, thank you very much.
I do not know Hon. Speaker, if you could allow me to sing a song which Hon. Chindori Chininga once asked me to sing tiri mucommittee. Just a short one and I hope vana amai muchandibvumirawo. Kambo kechechi yeRoma. Tibvumirane vanokagona. Mundiregererewo panzwi maybe ndinga failure.
Hon. Members broke into song ‘Mariya naMarita’ led by Hon.
Munengami.
Thank you very much. Now I move for the adoption of the motion in respect of Hon. Chindori-Chininga.
Motion put and agreed to.
MOTION
ADJOURNMENT OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Thank you Mr. Speaker Sir. Mr.
Speaker, this Seventh Parliament, on this particular day, at this particular hour, ends on a very somber note when one has regards to the moving tribute to the Hon. Chindori-Chininga and particularly, the last song ably led by Hon. Munengami.
Mr. Speaker Sir, it was the vain anticipation of some of us that maybe, the Constitutional Court would be able to sit and determine the various constitutional applications which were placed before it before this Seventh Parliament’s life comes to an end, but that has not been possible. Those constitutional applications which would have been relevant to a further sitting of this House are only going to be before the court, I am told, next week Thursday, 4th of July, 2013.
On that account, Mr. Speaker, may I thank the members who have come to this House this afternoon. May I thank the members who have contributed to making this Parliament possible and I wish that a number of them would be able to come back in the next Parliament. For a number of us, today would be our ‘last supper’. May I then consequently move for the adjournment of the House.
THE ACTING SPEAKER: It has been a joy to work with you hon. members.
The House accordingly adjourned at a Quarter past Three o’clock p.m. sine die.
PARLIAMENT OF ZIMBABWE
Wednesday, 2nd October, 2013.
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
SPECIAL ANNOUNCEMENT
- SPEAKER: Hon. Gonese, can you take your seat. I will be making a special announcement tomorrow concerning what the eyes have seen.
SWITCHING OFF OF CELLPHONES
- SPEAKER: May I request and remind hon. members to please switch off their cellphones before business commences.
APPOINTMENT TO THE STANDING RULES AND ORDERS
COMMITTEE
- SPEAKER: I would like to inform the House that pursuant to Section 151 of the Constitution of Zimbabwe, Parliament must appoint a Committee to be known as the Committee on Standing Rules and Orders. In line with the provisions of Section 151 (2) (c) of the
Constitution of Zimbabwe, His Excellency, the President Cde. R. G.
Mugabe has appointed the following to be the members of the Committee on Standing Rules and Orders:
Hon. P. A. Chinamasa, Minister of Finance and Economic Planning);
Hon. Dr. S. T. Sekeramayi, Minister of Defence; Hon. S.G.G. Nyoni, Minister of Small Enterprises and Co-operative Development.
Pursuant to Section 151 Subsection (2) (d) of the Constitution of Zimbabwe, Hon. E.D. Mnangagwa has been appointed as the Leader of Government business in Parliament.
In line with Sections 151 Subsection (2) (e) and Section 151 Subsection (2) (f) of the Constitution of Zimbabwe, MDC has made the following appointments to the Committee on Standing Rules and
Orders:- Hon. T. Khupe, Leader of the Opposition in each House. Hon.
- Gonese, Chief Whip in the National Assembly. Hon. S. Mlotshwa, Chief Whip in the Senate. We are still awaiting other members to be appointed to the Committee in terms of Section 151, Subsection (2) (h) and Section 151, Subsection (2) (i) of the Constitution of Zimbabwe.
PROHIBITION OF ALCOHOLIC BEVERAGES DURING SITTINGS
OF PARLIAMENT
- SPEAKER: I also have to inform the House that the
Members’ bar will, with immediate effect not serve any alcoholic beverages during the sittings of the House. –[HON. MEMBERS: Hear, hear]- only soft drinks will be served.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- CHIBAYA: Thank you Hon. Speaker. My question is directed to the Deputy Minister of Information, Hon. Mandiwanzira. It has been reported in the media that your Ministry intends to spy on citizens’ conversations on cell phones and also on internet. Is this not violating our own Constitution on the freedom of association? I thank you.
THE DEPUTY MINISTER OF MEDIA, INFORMATION
AND BROADCASTING SERVICES (MR. MANDIWANZIRA):
Mr. Speaker Sir, thank you very much. The Hon. Member of Parliament is somewhat ill informed about the functions of the Ministry of Information, Media and Broadcasting Services. We have no jurisdiction whatsoever on the issues that he has highlighted.
- LABODE: Mr. Speaker Sir, my question goes to the Deputy
Minister for Health and Child Care. I would like to know what is the
Government’s plan on Kusile Hospital in Bulawayo? The Hospital was
built about ten years ago and it is still non-functional.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(DR. CHIMEDZA): Thank you Mr. Speaker Sir. Hon. member, let me inform you that it is not only Kusile Hospital that is not functioning well. There are other facilities that are also not functioning well, and it has been a result of a lot of issues and bigger among them being sanctions and because of the issue of sanctions, even the then Minister of Health failed to get Kusile to work. But, let me pleasantly inform you that we have plans to resuscitate all these institutions and it is going to happen in the shortest possible time. So you are going to be happy. We are working on it diligently. Thank you.
- MADZIMURE: Thank you Mr. Speaker. In the absence of
the Minister of Finance, my question is directed to the Leader of the House. Hon. Minister, the money market is getting tighter with banks failing to lend money to current and prospective business people. Can you explain to the House, what the Government is doing to alleviate the problem of cash in this country?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): I thank the
hon. member for asking that pertinent question. What you say is true. We are doing our best to correct what the former Minister was unable to correct. Above all, the incidences of sanctions which we have been talking about, these are some of the results of the sanctions that that side of the House called for. I thank you.
- NDUNA: Thank you Mr. Speaker Sir. I would want to know from you Sir, if I am allowed to ask Hon. Ministers all at once in their different ministries or I have to do it one by one?
- SPEAKER: Order, when I say order Hon. Member, you sit down. Can you please ask your question?
- NDUNA: Thank you Mr. Speaker Sir. My question goes to the Minister of Mines. I want to know what Government policy is regarding the people whose land has been designated for mining, regarding compensation….
An hon. member having passed between Mr. Speaker and the hon. member holding the floor.
- SPEAKER: Order, there is an hon. member who has broken a rule. You do not cross in between the hon. member standing and the Chair. Hon. member can you proceed?
- NDUNA: I want to ask the Minister of Mines what
Government policy is regarding people whose land would have been designated for mining purposes. I say this because in my part of the constituency …
- SPEAKER: Order, Hon. Nduna, you preface your question
first. You cannot preface the question after.
- NDUNA: Mr. Speaker Sir, I apologise, I will preface first. –
[HON. MEMBERS: Inaudible interjections]_
- SPEAKER: Order, can you give him an ear? Can you carry on?
- NDUNA: I want to ask the Minister of Mines, what is Government policy regarding the people whose land would have been designated for mining purposes?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): Thank you Mr. Speaker
Sir. Let me thank the hon. member for that question and say to him that, there are two pieces of legislation that apply to the situation that you are referring to - that is the Land Act and the Mines and Minerals Act.
The current situation is that, the Mines and Minerals Act predominates over the Land Act. It has created the problems that we have where if somebody wants to prospect for minerals, they will come on the basis of the Mines and Minerals Act, and start doing their work whether it is prospecting, which is hunting for minerals or it is mining and so on and so forth. We have then seen the discord between the farmer and the miner and have said, as of the current situation, we have told our Commissioners in the various areas to ensure that there is a good working rapport between the miners. Yes, the miner has the right to go and prospect for gold, chrome or whatever it is but he must go to the Mining Commissioner to seek his assistance to talk to the agriculturalist or the land owner in terms of agriculture so that there are good relations between the two of them.
So, that has not resolved the problem completely and it is one of those things that you will see when we start bringing the Mines and
Minerals Act for discussion in Parliament. I hope that the outcome at the end of that discussion will ensure that there is a good relationship between the agriculturalist and the miner. Thank you.
- CHIMANIKIRE: My question is directed to the Deputy Minister of Information. Currently, there are reports that ZBC workers are on hunger strike because of non-payment of salaries over a period of five months. Hon. Minister, what is Government policy as regards collective bargaining in your parastatal, ZBC and what interventions have you put in place as to what is going on right now?
THE DEPUTY MINISTER OF MEDIA, INFORMATION
AND BROADCASTING SERVICES (MR. MANDIWANZIRA):
Thank your Mr. Speaker Sir. Let me thank Hon. Chimanikire for asking that question. Obviously, the hon. member is very concerned about the situation that has affected the employees of the Zimbabwe Broadcasting Corporation (ZBC).
I would like to assure him that the Ministry of Media, Information and Broadcasting Services is equally concerned about the developments at the national broadcaster. I must hasten to add that we have had no representation from the ZBC Board, Management or the employees on what exactly is going on. We have taken note, based on the reports that have come out in the newspaper, but we do not necessarily believe that everything has been said.
We are very concerned as a Ministry and are engaging with all the parastatals under the Ministry to understand what is going on. At this particular juncture, we are trying to establish the state of affairs at ZBC as well as at other parastatals that fall under the Ministry. I can assure the House and the hon. member that as soon as we have all the issues on our finger tips and have come to grips with them, we will certainly inform the House.
I would like to assure him and the entire House, Hon. Speaker Sir, that we will do everything possible to ensure that our national broadcaster and its employees and management are working in harmony and that it is dispensing its duty as a national broadcaster.
- MAHLANGU: My question is directed to the Minister of
Mines and Mining Development. What is the Government policy towards embarking on a mining exploration to ascertain the quantity of minerals that the country possesses to avoid speculation?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): Thank you Mr. Speaker, a
very relevant question from the hon. member. One of the things that we need to do is, we have said that we are a very rich country but when we are asked the question, how rich are you? We are not able to say, we are rich to this extent in terms of gold, platinum or any other mineral for that matter.
I think that it is important for us to ensure that the Ministry’s Department of Geology is strengthened to ensure that the entire country is explored, so that we know the quantities of inferred established mineral content and be able to say when we go out there to look for investors; we will say, this is the amount of chrome that we have and we want to establish a project of this magnitude. For as long as we do not do that, we will not be able to engage in serious business either with ourselves or with international partners. So, thank you for that question.
- MLISWA: My question is directed to the Minister of Mines. Hon. Minister, it is no secret, the ZMDC saga, the matter is not before the Courts so it is not sub judice. What are you doing as a Minister to institute an independent probe to ensure that we deal with corruption in this country?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): Thank you Mr. Speaker
and thank you to the hon. member for that question. We recognise the need to deal with corruption and there are many things that we are trying to do to ensure that there is no corruption.
One of the things that we are doing is, when you have Claims out there, people go out and prospect and they now want to apply for claims because the system is not sufficiently documented and because there is a possibility of certain documentation not being made available that is taken advantage of. You have a situation where mistakes are made and you get double allocations on the same claims and that results in litigation. This is where we come from when we get that litigation.
What we are trying to do is to put in place a system called the
Cadastre System which basically divides the whole country into boxes. We get our addresses from those boxes and we are able to say this claim is between these points on the map. Once you put it on the computer you cannot allocate that claim to anybody else because the computer will say it has already been allocated. We hope that will deal with the first level of corruption.
The second level of corruption arises out of disputes between people who have gone into a joint venture partnership. With my experience from the Zimbabwe Investment Centre that has been there since time immemorial; people go into a joint venture with foreign partners and they disagree somewhere down the line and they start wanting because sometimes it is greed and sometimes it is just wanting to take over. They now want to take over what they will have built together.
Those are difficult situations to deal with. The particular saga that you were referring to which involves ZMDC and a Ghanaian investor, I have instructed that we get as much information as possible. Unfortunately, the team that I have asked to speak to the various involved people has not yet been able to get the Ghanaian partner and you are aware that the Ghanaian partner is in fact the complainant and he is supposed to come to complain. We will make efforts to ensure that the situation is resolved so that mining continues to happen.
I want to assure this House that this country cannot succeed until and unless we deal seriously with the issue of corruption - [HON MEMBERS: Hear, hear]. As the Ministry of Mines and Mining Development, working together with our colleagues in the system, we are determined to ensure that the issue of corruption is dealt with. You heard the President of the Republic of Zimbabwe speak openly, candidly and in a very strong way that we do not tolerate corruption and that is what we are going to do.
- MADZIMURE: The reason why the Ghanaian partner might
be difficult to find is that he has already been threatened with arrest if he comes to Zimbabwe. Are you going to ensure that, that partner will safely come to Zimbabwe and is not threatened?
- CHIDHAKWA: The question is not a policy question. It is not the policy of the Zimbabwe Government, including the Ministry of Home Affairs under which the Zimbabwe Republic Police reports to, to bar people from coming to Zimbabwe. We will ensure that whoever is barring if there is any such thing, that it does not happen. It does not stop us from talking to the various parties that are involved but certainly it is not our policy to have people barred out of coming particularly when these people have got their investments in Zimbabwe.
- CHIRISA: In the absence of the Minister of Transport, my question is directed to the Leader of the House. Does the Plumtree to Forbes Boarder Post road have a timeframe because it has been going on and on. There is a lot of traffic on this particular road?
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): I thank the
hon. member for asking that question of concern to her constituency or area of concern. Indeed, the issue of whether the road has concerns or problems, is an issue which you should write down so that the minister will be able to go and investigate those allegations and come back with an answer.
- HARITATOS: My question is directed to the Minister of Mines and Mining Development. I am very much concerned that the price of gold is going down and a lot of mines are closing down, what is the Ministry and the Government doing about it?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): The hon. member speaks
from a point of knowledge. It is true that the price of gold has come down to US$1300 and it is also true that some of our mines are doing a cost-per-ounce of US$1750 to US$1800 in some cases. When you look at that situation it tells us that we need to do much more to reduce the cost of production particularly of gold and other minerals as well.
When you ask the question what is feeding into the cost – obviously the issue of power and domestic costs come into play. The issue of power is what we have identified as one of the things that we must look after. In power, it is not just the cost of power, but it is also the quality of that power because it goes and comes back. When it goes, the mines are flooded and when the mines are flooded, the cost of pushing out the water pushes up your cost of production. It is important for us to deal with the issues of power.
We have had the occasion to meet the Minister of Energy and the Minister of Finance to discuss exactly that point and what we need to do in respect of gold. I am sure that the recommendations and proposals will be made public as soon as Cabinet looks at those proposals. The gold sector is an important sector especially when you look at the small scale sector. From a contribution of very little gold, now they contribute
11 tonnes of gold to this country. The question is much bigger than that. It goes on to say, are we able to capture all that gold into our system so that it is refined at Fidelity Printers and it is exported from the Reserve
Bank of Zimbabwe. These are all questions that we must ask and questions that we must deal with as a matter of urgency. I assure you that we will deal with them. Thank you Mr. Speaker.
- D. SIBANDA: My question is directed to the Minister of
Mines and Mining Development. When will Anjin and Mbada Diamonds resume the relocation of the families in the Chiadzwa area as promised in 2010?
THE MINISTER OF MINES AND MINING
DEVELOPMENT (MR. CHIDHAKWA): Thank you Mr. Speaker
Sir. I do not think that I will be able to give you a full response right now. I have not yet had the occasion to go onto the ground to see what is there. I am aware that between Anjin and Mbada Diamonds, over 500 houses were built. In my capacity, in my previous life as Deputy Minister of State Enterprises and Pararastatals, we had an occasion to go and see the houses that were built by these two companies. We also saw the houses that were built by other companies. I thought that the process, particularly by Anjin and Mbada Diamonds, had been completed unless there are other people who may not have been included in the first exercise that needed to be included in the second exercise. What I am aware of is that they have done something. I will be going there and at that point, I will be able to tell you and confirm that the programme had been completed. Thank you.
*MR. CHINOTIMBA: My question is directed to the Minister of
Justice, Legal and Parliamentary Affairs. I have got two questions… -
[HON. MEMEBRS: Inaudible interjections]-
*MR. SPEAKER: Order, Order, hon. member. You are allowed to ask one question.
*MR. CHINOTIMBA: Thank you Mr. Speaker Sir. Hon. Minister, is it legal that when Members of Parliament get into the House, they stand up for two or three people? Even the Speaker when he gets in the House, even me too? -[HON. MEMBERS: Inaudible
interjections]-
*MR. SPEAKER: Your question has been heard. The reply to your question will be addressed tomorrow.
MRS. MUZUNGU-MASAITI: Thank you Mr. Speaker Sir. My
question is directed to…
- HLONGWANE having entertained a call in the House.
- SPEAKER: Order, one of the announcements I made as we started business, I said, we must switch off our cell phones. Hon. Hlongwane was entertaining a call in this hon. House. I therefore request the Serjeant-At-Arms to escort him out of the House?
- HLONGWANE was consequently escorted out of the House by the Serjeant-At-Arms.
MRS. MUZUNGU-MASAITI: Thank you Mr. Speaker Sir. My
question is directed to the Minister of Primary and Secondary Education. Considering the economic hardships that the people of Zimbabwe are currently going through, is it now Government policy that students with parents who would have failed to pay school fees before schools open, are chased away from attending lessons on the first day of opening schools without giving them a grace period to pay the school fees?
THE MINISTER OF PRIMARY AND SECONDARY
EDUCAITON (MR. DOKORA): Mr. Speaker Sir, I wish to start by thanking the hon. member for asking the question. On a second score, I also wish to thank the member for acknowledging, in her question, the hardships that have affected education in this country. As the hon.
member and others here would be familiar, the hardships are consequences of sanctions. It is important Mr. Speaker that the cost of education in this country, while we attempt to hold it at the lowest level as possible, we still expect the generality of our population to contribute to its sustenance. Those vulnerable groups in our communities such as orphans, child-headed families and so on, we expect that the
Government, the basic education assistance module BEAM would come in. Mr. Speaker, both the BEAM scheme as well as the family incomes of the parents in our communities of school going age pupils do not always measure up at the beginning of each term. Therefore, I enjoin every parent who has had difficulties in meeting the levies to engage the school heads and make arrangements for part payments of their obligations to the school institutions. I thank you.
Oral Answers to Questions without notice were interrupted by
- SPEAKER in terms of Standing Order Number 34.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS: I -o6e that Order of the Day Number
1 "e stood over until the rest of the Orders are disposed of.
Motion put and agreed to.
MOTION
ATTACK ON THE WESTGATE MALL IN NAIROBI
- G MOYO: I move the motion standing in my name that this
House:-
RECALLS attacks by the!terrorist group Al-Shabaab on Westgate
Mall in Nairobi, Ken}a;
DEEPYLY SADDENED by dhe death of sixty-two people and one hundred and seventy-five people who(sustained injuries as a result of this terrorist attack;
NOW, THEREFORE condemns The at|ack on vhe"Westgate Mall
in Nairobi, Kenia and Express its condolencms to the families who lost thdir loveä ones and our solidarity wit( t`e people of Kenya at this trying time.
- CROSS: I wecond.
- G. MOYO: Mr. Specker$Sir, may I draw the attention of this august Ho5se to!the recent Killings in Naarobi, Kenya on the 21st September, 2013. May I implore Mr. Speaker Sir, this House to convey a message of solidarity, to convey a message of condolence, to pay a tribute of honour and courage to the innocent lives, to the defenceless citizens, to women and children in the heart of Africa, in East Africa, in Kenya. I move this motion because Mr. Speaker Sir, Africa has been pricked. The conscience of Africa has been pricked.
Mr. Speaker, over seventy people, defenceless citizens were massacred, brutalised in cowardly attacks and over 170 people were wounded. This House should pass and convey a message of condolence to the families of the deceased and to our fellow Parliamentarians in Kenya who are seized with this matter. Mr. Speaker, I am alive to the sensibilities of this subject but I think we have a duty as Zimbabweans, as Pan Africans to condemn in strongest terms the attacks whether in dictionaries or in whatever corpus.
We need to condemn the perpetrators of the callous, cruel and criminal acts. We need to condemn the merchants and interlocutors of these acts. According to media reports, Al Shabaab is implicated. I have no empirical evidence and I am not suggesting that I am aware that it was Al Shabaab or Al Qaeda but whoever was responsible, I think as Zimbabweans, as Pan Africans we should condemn this.
One of the survivors is a son of Zimbabwe. I read his story which is recounted on the Southern Eye of 28th September, 2013. A Mr.
Norman Siluwa who hails from Lobengula, Bulawayo, if you read his story, how he survived, you will agree with me that as this House, we should condemn the cruel acts that took place. Acts of terrorism should not be allowed. I am not talking about terrorism with reference to our heroes who were fighting against colonialism under apartheid, I am talking about terrorism as defined - [HON. MEMBERS: Inaudible interjections] –
- SPEAKER: Order, order, may I ask the hon. member to aver the correct nomenclature unless if he is making an allegation of the nomenclature ‘terrorist’.
- G. MOYO: I was saying Mr. Speaker; I am referring to terrorism as defined by the Algiers Convention of 1999 where the African Union came up with a protocol which defines what terrorism is according to the Convention on Prevention and Combating of Terrorism of 1999. Terrorism is an act of killing innocent people, that precludes our war veterans, that precludes freedom fighters – [HON. MEMBERS:
Inaudible interjections] -
- SPEAKER: Order, order, order! Is there a point of order?
- ZINDI: Yes please Mr. Speaker, a point of order!
- SPEAKER: Yes.
- ZINDI: Thank you Mr. Speaker for recognising me. I am reacting to Hon. Moyo’s connotation or definition and the implication on that term – terrorist – when he refers that ‘including’ if I am to quote his
words - [HON MEMBERS: Inaudible interjections].
- ZWIZWAI: Precluding, chirungu. You will be in the newspaper that haugoni chirungu, Advocate vazvinzwa kuti haugoni chirungu, fambai nemadictionary.
- SPEAKER: With all due respect Hon. Zindi, perhaps the diction of the Hon. Moyo might not have caught your ears. He meant exactly what you are trying to correct – [AN HON MEMBER:
Masanctions!] - so there is no point of order – [AN HON. MEMBER:
Inaudible interjections].
- ZINDI: Thank you – [AN HON MEMBER: You do not
contest against the Speaker]. Thank you.
- SPEAKER: Order Hon. Chibaya! Hon. Chibaya! Yes, you wanted to say something?
MS ZINDI: Yes Mr. Speaker, thank you for recognising me once again. My apologies for having not gotten the word as you have corrected me. Thank you for that but, all I want to remind the House is that it is an emotional issue and possibly this is - [HON. MEMBERS:
Inaudible interjections].
- ZWIZWAI: Chigara pasi do not contest. Mave kuzofamba muchiti MDC iparty yevarungu manje, nokuti chirungu chawandisa muParliament.
- ZINDI: Mr. Speaker I am of the opinion that I should make it very loud and clear – [AN HON MEMBER: Kutii?] – and certainly whoever is heckling me, they are here as a result of war veterans and it is an emotional issue – [HON MEMBERS: Inaudible interjections].
- SPEAKER: Hon. Moyo please.
- G. MOYO: Thank you Hon. Speaker Sir.
MR SPEAKER: Order, can you allow him to speak.
- G. MOYO: Thank you Hon. Speaker Sir. I was only referring to a Pan African definition which is shared by all Africans in the mainland of Africa and in the diaspora. Pan Africanists all share on the definition of terrorism as defined in the Convention on Prevention and Combating of Terrorism (Algius Convention) of 1999. Article 1(3a) and Article 3 defines what terrorism is. It does not at all - our nationalist leaders, when they met, they would not in any way undermine the work that has been done in decolonising Africa, not at all and I am not in any way insinuating that. All I am saying is that; we are precluding – [HON MEMBERS: Hear, hear].
- SPEAKER: Order.
- G. MOYO: Mr. Speaker Sir, may I continue to say, what happened between the 21st of September and the 24th of September at the Westgate Shopping Mall in Kenya was really bad. One of the Pan Africanist sons, one of the doyens of Africanism, Professor Kofi Anowa was also brutalised; a person who has worked in the literal world to message the challenges of Africa against the Euro- American imperatives. He has done that. That is the person who also lost his life and I think this House should convey that message.
Mr. Speaker Sir, I was listening to the reports on how these people were killed. Mr. Speaker, if these reports are anything to go by Mr. Speaker Sir, most of the people had their eyes removed before they were killed, had their nose plucked out before they were killed and had their balls gushed out by pliers before they were killed. Some of them, according to the reports were hanged on hooks in the ceilings, which means people were tortured, innocent blood. People were tortured before they were killed.
Children were found in fridges with knives still stuck on their bodies and I think this House needs to condemn that and condemn it in no uncertain terms, the impact of this kind of terrorism against humanity, against the conscience of Africa, and against everybody who cares. For Kenya, I am sure we are aware that Kenya is a country that strives among others on tourism. With this kind of brutalisation, its economy is going to suffer and yet the second decade of the 21st century should be a decade of development, a decade of transformation, a decade of Africa, but we have these kind of criminal acts taking place and I think that should be condemned.
In fact, Zimbabwe is not free. When Kenya is in trouble, Zimbabwe is not free. No African country is free. More so, with Kenya, after the discovery of oil, much more gas around the off-coasts of the Indian Ocean from Chiputa up to Mozambique, we have serious problems and some of you are aware that the most wanted woman, the so called White Widow, is reported to have been in South Africa which is just next door. This is the kind of a person who is implicated in these callous criminal and cruel acts of barbarism. Therefore as Zimbabweans, I think it is important and as Parliamentarians, I think it is important to stand shoulder to shoulder with our colleagues in Kenya, to cry with them, to mourn with them and send messages of solidarity. I am sure, that in the Bible; from the Bible to the Koran, the shedding of innocent blood is diabolic, is luciferical and it should not be accepted at all and I am sure this House is going to accept that and I hope Mr. Speaker Sir, in our country and in this Parliament, we are not going to have any innocent blood shed during this time around. I thank you.
- CROSS: It is going to be a pleasure working under you for the next 5-years. I have enjoyed your interventions so far and I enjoyed your opening remarks at the seminar, I thought they were very worthwhile.
Mr. Speaker Sir, I rise to second this motion because I think it is important for us as a country to stand with the people of Kenya at this particular point in time. I think Kenyans have shown us an example of how to work together. I think that the example of unity of purpose and the reaction to this disaster has been an example to the whole of Africa. It is important for us to stand and share our condolences with the people of Kenya and I hope that as a result of this motion, those condolences will be expressed by you to the Kenyan Ambassador as soon as possible.
In addition to that, it is important for us to stand in solidarity with the people of Kenya. We must recognise that what happened in Kenya can happen to any of us. We must also recognise that the only way we can really defend our freedoms is by constant vigilance. We must not think, Mr. Speaker Sir, that we are immune to this kind of activity. We could be subjected to similar attacks of a similar nature at any time. The price of freedom is vigilance and that has been true throughout the history.
We need, Mr. Speaker Sir, a special unit of the armed forces to be trained to deal with emergencies such as this. I would like, in addition to that, to ask our security agencies to increase their vigilance. I think experience in the last decade in the world has shown us that such vigilance is in the interest of everybody. This is not a partisan issue and I would hope that this motion today, will be accepted by this House on a non-partisan basis and our entire condolences can be conveyed to the people of Kenya.
* MS. CHIMENE: Mr. Speaker, I would have wanted to debate in English as has been requested by those who are friendly with the whites.
I will debate in Shona because I represent people in the rural areas. The motion that has been moved here Mr. Speaker, is a very good motion because it is a motion that makes us reflect as a country. I want to thank the hon. member who has moved this motion and the hon. member who seconded. It is sorrowful to be in bereavement. It is painful, especially when it involves terrorist attacks.
It makes us reflect back. I am a daughter of Makoni, where my grandfather, Mr. Chingaira also died in the same manner and up to today, his head is outside the country. The people there know that they have someone’s head whose body is buried in Zimbabwe. I want to thank those who moved this motion. We mourn together with the people of Kenya because it really pains us to think of having a war. These are just the signs of war.
Here, where we work and stay, we have a sculpture of Mbuya Nehanda and Sekuru Kaguvi. They did not commit suicide. They were murdered for their own country just like what happened in Kenya where people were murdered for the resources of their country. We look at South Africa, the school children in Soweto also died in a similar manner. It is not an issue that we can joke about but it is an issue that needs us to reflect, each one of us where we are seated.
At Nyadzonia, there are so many thousands of people who were also murdered in cold blood. At Chimoio, there are also hundreds and hundreds of people who were murdered in cold blood. Same as at the Freedom Camp, there are also thousands and thousands of those who were murdered for their country. Even here in this country, Gukurahundi that is being mentioned here, it is because of what is happening in Kenya. They are those who think that they can take the country backwards so that we have conflict in this country. The reason why we have conflicts is because among us blacks, there are those who think that the blood that was shed is not enough as yet.
Mr. Speaker Sir, I want to say that we heard that in Kenya more than hundred people died. We went to Chibondo in 2011 and exhumed bodies and buried them in a proper manner. There was a mass grave and there were 843 bodies of people who were reburied. As we speak, on Saturday, there is a place in Rusape at the Heroes’ Acre which was known as the Butcher where 115 people of Zimbabwe were killed whilst fighting for their country and these will be buried this Saturday. …
- SPEAKER: Order, Hon. Matangira, can you hold your own and control yourself.
* MS. CHIMENE: I am saying that now we are going to re-bury those who were buried long back. I want this House to mourn together with those in Kenya and at the same time mourn those here in Zimbabwe. My concern is that, what happened in Kenya can also happen here in future because no one knows who is responsible and why it is being done and I request that the security forces, through the service chiefs that security and the defence forces should be strengthened. They should be prepared so that we do not allow that. Mr. Speaker Sir, we look at the issue of the office of ZANU PF that was burnt, if there were people there, they would have perished like what happened in Kenya. We are requesting that we should mourn with those people in Kenya with hope. We are going to send our condolences as children of Zimbabwe. As War Veterans, we know the pain that is associated with war.
We are asking ourselves, is war going to come back? We are going to be seated but with fear that are we not the ones who are going to be burnt here in Parliament or in the areas where we are going to be. Mr. Speaker Sir, I request that this House, as we debate this motion, we should know that this incident has blood in it and it takes our memory back to the war time. It brings a lot of anger as Hon. Zindi has said. I thank you.
*MS. MABUWA: Mr. Speaker Sir, I would like to thank you for this opportunity you gave to me. I would like to add my voice to Hon.
Moyo’s contribution on the motion of terrorism in Kenya. Whilst we mourn, we should not accuse each other of witchcraft but we should just pay our condolences. Accusing each other of witchcraft is not ideal especially if they are mere accusations. This is an issue that I think we should consider when sending our condolences. I heard some speakers saying that we are speaking as Africans and Pan Africans. So, I was thinking that since we have the President of America, a gallant son of Kenya where all this terrorism is taking place; we can take this opportunity to remind him to take action where there is an incident like what has happened. He must know how his leadership will affect back home.
In African tradition, he must go and pay condolences when such incidences occur. Is it going to affect someone when you just point out the witch, if he or she is the one that has been accused? This is the issue we should look at when we send the message of condolence.
I thank you Mr. Speaker Sir.
- CHIMANIKIRE: Thank you, Mr. Speaker Sir, for giving me this opportunity to debate this very important issue. Firstly, I would like to thank the mover of the motion, Hon. G. Moyo and the seconder, Hon. E. Cross. Indeed, Mr. Speaker Sir, the scourge of terrorism, worldwide, knows no age, knows no clan and knows no race. The tragedy in Kenya from the 21st to the 24th of September took everyone by surprise because on African soil, we did not expect our fellow Africans to behave in the manner that they did. Indeed terrorism is not only a threat to world order but it is also a threat to the security of Africa as a whole.
In Africa, we have various organisations either on the pretext of religion or thriving on the confusion as is in Somalia of a country that has gone without a Government for over 25 years. Various groups take advantage and embark on errands like what happened at Westgate in Kenya. Yes, I would like to second what has been said by Hon. Moyo that Kenya does thrive on tourism and against the background of the just ended UNWTO Conference in Victoria Falls; this comes as a very sad development.
Mr. Speaker Sir, we read every day and watch on our various communication mediums what is happening in Iraq, Afghanistan and
Pakistan but it does seem like the chickens have come home to roost. Within the protocols of SADC and AU, are provisions where Africa in advance did condemn such acts and indeed, I would like to add my voice to those who condemn such acts as what happened in Nairobi.
Zimbabwe, as the last speaker has urged, should be vigilant inasmuch as we were vigilant when we apprehended those coup plotters who were trying to pass through Harare. If that kind of vigilance is maintained Mr. Speaker Sir, because terrorism knows no borders and does not make an appointment. Therefore, we need to be ready to deal with it as and when it arises. With those words Mr. Speaker Sir, I would like to propose that this House put its signatures on condolences to be delivered to the Kenyan Embassy in Harare in solidarity with those who suffered from these dastardly acts in Nairobi. I thank you.
- ZINDI: Thank you Mr. Speaker Sir. I rise to support the mover and the seconder of this motion and I share my deepest sympathy to the families of the victims. While I am sharing my sympathy with the families of the victims, I have a number of questions to pause. Reading in the newspapers, we hear of Al-Shabaab, Al-Qaeda, global terrorism and the ‘white widow’ who is of British origin is linked somehow, though I cannot confirm but according to the Press reports, the lady is linked. She is an ex-wife of a former British soldier, also linked to one of a Priest, if I may call him, well known for spreading hatred speeches in the papers. Once deported from Britain to Jamaica and the same
Moslem Priest having met with the ‘white widow’ in South Africa and the lady being at the centre or being linked to this Nairobi Westgate terrorist attack in Kenya. The questions that I would like to pose for example;- to me it seems like it is a spider’s web. Why am I saying so? In one of the press reports, Cameroon and Obama were mentioned as targets in their personal capacities. This is related to the same terrorist attack that took place in Nairobi at the Westgate Mall. You would ask yourself a question and say why would Cameroon and Obama be made targets and be linked to the Westgate attack that took place in Nairobi?
Again another thought is; somehow, this is bitterness which is now being expressed because these individuals I have just mentioned, as I am reading in the papers; they are of British origin linked with Americans, Al-Qaeda and Al-Shabaab whose main base is Somalia. We know
Somalia has been in anarchy; anarchy has been the order of the day in
Somalia. Does it mean that the so-called powerful nations if they really wanted to restore order in Somalia should we not be having order in Somalia? Are we not seeing a situation; the same so called powerful nations exploiting the situation? They create disorder in order to exploit. Really do we have a mind of saying we need to save the people of Somalia? We have seen Kenyans going into Somalia trying to restore order in that country. Is it not now that Somalia or the Al-Shabaab is now coming to attack the Kenyans because they are trying to take a step to try and restore order in Somalia? This is a question.
Reading again in the press, I hear that MI6 which is the British
Intelligence; they passed information to South Africa where this ‘white widow’ flew into South Africa using a different name. I think the second name was Webb, with passports clandestinely produced; how? One does not know but she got those passports for herself and her two daughters. They flew into South Africa while South Africa had already received information that this lady should be monitored but we hear that the lady was there. She even got a job; racked a debt of close to US$10 000 and she could not pay back that debt. She disappeared. But for all that time she was there unmonitored while information is readily available that this lady is one of the wanted women in the world; she is dangerous but nobody squirmed about it. Now, the question is; is it deliberate? Is it well connected to the nations who are also facilitating all these acts of terrorism? I think it is a question for all of us to understand where we are headed.
On that note, I heard the seconder of the motion actually raising the issue of us as Zimbabwe to be vigilant. Yes, we will be vigilant and always be vigilant, but I think it is yesterday or two days ago, I was reading in the press again where Botswana was cleansing itself, saying that it halted a possible civil war in Zimbabwe at the time of the 2008 election dispute. Then you ask yourself a question; halting a civil war?
Who would have wanted to go to war? With who? We Zimbabweans? You ask yourself a question; why would Botswana want to cleanse itself immediately after this attack in Kenya?
Therefore, I am saying; the bugging which is a new measure that has been taken by the Government in order to have data on all telephones, emails, you name it. It is the right move –[HON.
MEMBERS: Hear, hear]- the Government has taken this move because it is one step ahead in terms of being vigilant. If anything takes place, we know we have got the data and we know who has been communicating with whom on what subject. We are able to get that information.
I know that there is an outrage out there to say that is getting into people’s privacy and it is not supposed to be like that. But for me, because of the kind of the world that we are living in today, that is the right move. We are not the only country that has enacted such an instrument. The United States and Britain itself have enacted such instruments. Two or three months ago, there was an uproar; the British trying to conceal the information of how they have put all these gadgets and what have you in the Middle East in order for them to be snooping on information in the Middle East to safeguard their interest and they defended themselves.
So why would we not do the same thing if they are doing it? South Africa did it but for some unknown reason, they had to reverse that decision. Possibly, they just made a statement to say they have repealed that decision but possibly, they are still implementing that decision.
In seconding this motion, I would also want to bring it to the attention of this House that it is really a noble move that has been taken by the movers. Again, a question again arises – as Hon. Chimene has mentioned earlier on about the Chibondo, the Butcher;- they sing so much about Gukurahundi -[AN HON. MEMBER: Who?]- the MDC. They sing so much about the Gukurahundi –[HON. MEMBERS: Hear, hear]- I am not condoning it, all I am saying is; why would we not see MDC-T Members of Parliament in here as they are heckling me to have taken a similar step:- symphathising with the Chibondo, Rusape Butcher, Nyadzonya, Freedom Camp –[HON. MEMBERS: Inaudible
interjections]-
- SPEAKER: Order, order! Carry on.
- ZINDI: Symphathising with Tembwe, Tete, Chimoio, Morogoro, Nachingwea, Zambia and all the bases out there where we left a whole lot of comrades out there. It is a question.
- MAHLANGU: On a point of order. Thank you Mr. Speaker
Sir. My point of order is that the hon. member is out of order. She must stick to the motion. The issues that she is mentioning, if she wants those issues to be debated Mr. Speaker Sir, –[HON. MEMBERS: Inaudible interjections]- Can I be protected Mr. Speaker Sir?
- SPEAKER: Order, may the hon. member please make a
brief point of order?
- MAHLANGU: Mr. Speaker Sir, the hon. member is out of
order. The issues that she is mentioning are not part of this motion. If she wants to move other motions, then we debate them here, she has that right to do so. I thank you.
- SPEAKER: Hon. member, will you carry on?
- ZINDI: Thank you Mr. Speaker for protecting me. When the point of order was raised, I was mentioning the issue of MDC-T hon. members here heckling me for having mentioned that they have been on the forefront of moving a motion in order to sympathise with Kenyans which I am not saying …
- SPEAKER: Order, hon. member, do not repeat yourself. I think the point has been made. Please carry on.
- ZINDI: Thank you Mr. Speaker. In conclusion Mr. Speaker,
I would like to also point out that it is important that I raise the issue of us as ZANU PF Members of Parliament, we are demonstrating our maturity in the sense that the MDC-T Members of Parliament are raising their motions and here we are, for a good cause, supporting their motion. Likewise, we would also like to see them responding to the Presidential
Speech and we will never stop schooling them by the way because …
- SPEAKER: Order, hon. member, please use Parliamentary language.
- ZINDI: Thank you Mr. Speaker, I withdraw the word
‘schooling’.
- SPEAKER: Thank you.
- ZINDI: Anyway, as I was concluding, we are showing or demonstrating our maturity, we would also want in return to see the same kind of maturity from MDC-T Members of Parliament by having to respond to the Presidential Speech. Issues raised in the Presidential Speech, are issues of the nation and to do with the wellbeing of also the members or their constituencies which chose them or elected them to be in this House. Therefore, they need to respond. I thank you Mr.
Speaker.
ANNOUNCEMENT BY MR. SPEAKER
PARKING OF VEHICLES IN THIRD STREET
CAR PARK
- SPEAKER: I hope this should be the last announcement I make concerning parking in Third Street Car Park and if hon. members do not park cars properly, we will have them clamped and uplifted by appropriate vehicles. Accordingly, there is a Ford vehicle, registration number – ACY 3102, and another – ADA 3075. Can those vehicles please be removed and parked properly? The debate shall continue.
- KHUMALO: I thank you Mr. Speaker Sir and once again
congratulations for taking over the hot seat. Mr. Speaker, I would like to thank the mover and the seconder of this motion.
What happened at Westgate Mall in Kenya is unacceptable to anybody, whether in Africa or the world over. It is sad Mr. Speaker that we are talking of people who come to a country to kill its citizens and refer this atrocity to the colonisers who came to take away our country and lead us the way that they wanted. It is a mockery of us standing up today talking about how our colonizers brutalised us, when we are talking of individuals who want to destabilise other countries for their own benefit and at the end of the day; the people that suffer are the citizens of that country.
Mr. Speaker Sir, there is the mention of the Gukurahundi. There is a difference between physical pain and emotional pain. When it comes to physical pain, you can forget about it the moment the pain goes away.
But, when it comes to emotional pain, no one takes away that pain.
With our colonisers, the brutality was of white against the black and for Gukurahundi, it was black against black. It was our own kith and kin that killed defenseless pregnant women whose tummies were slit open, the foetus removed Mr. Speaker Sir, and that foetus was mashed to pulp. So, Mr. Speaker Sir, we cannot compare the issue of Gukurahundi to what happened to the Westgate Mall. Not at all. We are here talking about what happened in Kenya. If there is anything that happened amongst us as kith and kin, it is something else. –[HON. MEMBERS:
Inaudible interjections.]
- SPEAKER: Order, can you give the hon. member an ear and please dwell on the motion. Thank you.
- KHUMALO: On the issue of terrorism, Mr. Speaker Sir, whether we want it or not, that is the game of late. What is important now is, what are we going to do to protect our people? Kenya was –
[HON. MEMBERS: Inaudible interjections.]-
- SPEAKER: Order, the hon. member is simply saying, that type of terrorism is rampant. Understand her. Thank you.
*MS. KHUMALO: Mr. Speaker Sir, maybe I will be better understood if I speak in Shona. Unfortunately, I am Ndebele, when I speak in Ndebele no one will understand what I am saying.
+But, anyway, I will go to my mother tongue. The terrorism happening in Africa is like cancer that is eating into our society and it will destroy all of us if we are not serious about what is happening. Talking about what happened in Kenya, we need to ensure that we take swift measures in comforting those that were hurt due to the incident in Kenya. We must understand that, we need to console each other as Africans because noone other than ourselves can console each other because what happens to one person can also happen to the other.
We should encourage leaders of this House to go to the Kenyan
Embassy and endorse their signatures in the book of condolences. There is also the question of who did such a horrendous act in Kenya? What is important right now is that, we need to be on the lookout in as far as having the knowledge of who did such a thing so that we give a helping hand to the Kenyans.
It is unclear as to how they get into any particular country with the passports that they obtained under unclear circumstances. We need to advocate for the Organisation of African Unity (OAU) and SADC come up with a communique condemning this act in their strongest terms.
I also want to speak on the examples in what happened in Kenya. I heard a particular hon. member speaking about Chimoio, I will also go back to speak about the Gukurahundi. The perpetrators of Gukurahundi need to know that we need to speak about it not as MDC- T members but as citizens of Zimbabwe who were affected by this atrocity. As we speak, there are people that still do not have Birth Certificates because of Gukurahundi. As we speak, there are people that were not properly buried yet people are worried about those that perished during the liberation war but then they are not worried about those that perished during the Gukurahundi era.
Mr. Speaker, we need to be very fair. The people that died during the Gukurahundi also have to be properly buried. As we speak, our children went to South Africa and people are claiming that they are not educated yet these are some of the survivors of the effects of the
Gukurahundi - [HON. MEMBERS: Inaudible interjections] -
- SPEAKER: Order, order. Hon. members, may you allow the hon. member to finish her debate.
+MS. KHUMALO: Thank you Mr. Speaker. The problem that
we have in this House is that when others speak of their liberation war heroes, it is acceptable but when we speak of our own – it becomes an issue.
Mr. Speaker Sir, what happened during the Gukurahundi, will never be acceptable, as we speak we have children that are suffering because of it. - [HON. MEMBERS: Inaudible interjections] - +MR. SPEAKER: Order, order. Hon. member, I think your point has been made. May you revert to the motion please.
+MS. KHUMALO: Thank you Mr. Speaker Sir. I will revert to the Kenya incident – what happened in Kenya could happen to us as well one day. I would like to encourage this august House to unite and express profound sorrow on what happened to the Kenyans. We need to work together with the Kenyan Government such that when they investigate as to what happened, it will be good as Zimbabweans to send our team of experts to go and assist the Kenyans in finding out what exactly happened. This will also help us should such an incident happen to us, we will come up with solutions to help the citizens of Zimbabwe.
Mr. Speaker, there is the issue of Al Qaeda. People say there is Central, Eastern and Southern Africa but I say that Africa is one and the time has come for us to be the united state of Africa. If we do work together, they will come and do whatever they want and it will be the citizens of Africa that will suffer.
In conclusion, I would like to say that it is easy to blame another person because when blaming someone, you use one finger to point at them. You need to remember that there are three fingers that will be pointing at you. We need to remember to question ourselves if we are blameless.
*MRS. MASHONGANYIKA: Thank you Mr. Speaker Sir. I am
deeply touched by the motion on the Kenyan incident. I am very much saddened by the callous murder of innocent souls and it makes me because when we look at the families who have suffered such a loss, we will find that the Americans are also involved in this issue. When we remember some of the problems we went through in the past, we believe that blood is still flowing in Zimbabwe to date. I say this because there are some black Zimbabweans who were buried in a standing position which is against our culture which says the dead should lie down or that somebody should not be killed whilst standing.
We were told that these people faced a terrible death in that they were stabbed with knives and were put in the refrigerators. This brings our memories back to the past. Personally, I was really crying and wondering as to why as Zimbabweans we do not take note of what happened to our freedom fighters who were innocent souls, who died in the liberation struggle to remove us from the shackles of oppression. We now live in the land of milk and honey, peace with ourselves and souls because of their sacrifice. I believe the British and the Americans still want to continue oppressing us. I support the previous speaker who said that we should be vigilant in Zimbabwe. We do not understand whether this will come to an end and whether it is going to end in Kenya.
We recall that Mbuya Nehanda once said that her bones shall rise. I recall that as a result of the loss of these families in Kenya who are still in mourning, if as blacks we were to speak with one voice and as Zimbabweans, we speak with one voice as we mourn the Kenyans, we are allowed to face or to recall the problems that we have experienced.
Even if you were to go to a funeral, if it is a male who has passed on, I will go there to mourn and recall the loss of my own husband and this is due to a previous experience. I am also allowed whenever my friend’s mother has passed on, who might be in this august House if I were to go and commiserate with the bereaved, I would also recall my own mother.
If such an incident were to remind us that in Zimbabwe we still have families that are still grieving over the loss of their relatives whose death they did not experience. Others are still gathering their bones or their remains. I believe that as a result of this motion that has been raised by one of us, as an august House we could even come up with a resolution that Parliament bus could leave this august building with all of us from different political parties going to see the mass graves in Mozambique.
I am of the view that at times if we were to have a common purpose, there is need for us as hon members to be forced into going it together and none of us should be left behind to places like Chimoio, Nyadzonia, Tembwe, Base One and Zambia.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(DR CHIMEDZA): I would like to acknowledge the mover of the motion and the seconder. I would like to agree with them on the callousness of the act in Kenya and I am sure heartfelt condolences go to all the Kenyans. The zeal with which the colleagues have shown in condemning this is admirable. This is what can happen if you engage in things like the security sector reform – [HON MEMBERS: Hear Hear].
We have heard a lot of hon members from the opposite side being very vocal about us reforming our security sector, the same sector that has managed to stop this callousness. We hope this realisation that things like this can happen to you if you tamper with your security sector. We hope all of us are to be focused and to leave the security sector reform debate alone.
There are different types of terrorism and the worst one of all of them that does not discriminate on whether you are a woman, pregnant, young or old – the worst form of terrorism is sanctions. These sanctions, we hope the same emotions that the hon members displayed here, the same condemnation will be visited on the sanctions. The same revulsion that you have shown, should be shown against economic sanctions that have killed women and are killing sick people in hospitals. The numbers are much more than what has happened in Kenya – are dying every day and are continuing to die every day.
We are glad that the colleagues have realised that terrorism is bad and this particular terrorism of sanctions is even worse. We hope we will be together in condemning this.
THE DEPUTY MINISTER OF HEALTH AND CHILD CARE
(DR CHIMEDZA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 3rd October, 2013.
- SPEAKER: I am advised that item Number 3, on the Order Paper, which was moved by Hon. S.S. Nkomo and seconded by Hon.
Mpariwa, be deferred because the hon. members are not in the House.
MOTION
DETERIORATION OF THE HEALTH DELIVERY SYSTEM IN
ZIMBABWE
Fourth Order read: Adjourned debate on motion on the Health Sector in Zimbabwe.
Question again proposed.
MINISTER OF STATE FOR MASHONALAND EAST
PROVINCE (MR. MUDARIKWA): I move that the debate do now
adjourn.
Motion put and agreed to.
Debate to resume: Thursday, 3 October, 2013.
On the motion of THE MINISTER OF STATE FOR
MASHONALAND EAST PROVINCE (MR. MUDARIKWA), the
House adjourned at Nineteen Minutes to Five o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 3rd October, 2013.
The National Assembly met at a Quarter-past Two o’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
VACANCY IN THE NATIONAL ASSEMBLY
- SPEAKER: Notification of a vacancy in the membership of
Parliament in terms of Section 39(1) of the Electoral Act Chapter 2 (13); Section 39(1) of the Electoral Act, Chapter 2(13) provides that, “a vacancy in the membership of Parliament which exists otherwise, than through dissolution of Parliament shall, subject to this Section be notified to the President and the Commission in writing by the Speaker of the National Assembly as soon as possible after the Speaker becomes aware of the vacancy”.
I hereby inform this honourable House of the provisions of the Electoral Act that a vacancy exists in the membership of Parliament in the National Assembly; the seat of Bikita West Constituency. The vacancy arose by reason of a declaration made on 30th September, 2013 in terms of Section 129 (1) (k) of the Constitution of Zimbabwe by the Secretary for Administration for Zimbabwe African Union Patriotic Front (ZANU PF) political party, that Dr. Munyaradzi Kereke, who was a member of that party at the time of his election, has ceased to be a member and no longer represents the interests of that party in Parliament.
HOUSE ETIQUETTE AND DECORUM
- SPEAKER: I wish to inform the House that Standing Order
Number 54 of the National Assembly states that “at the commencement of business and when the House adjourns, or business is suspended, members shall stand in their places until the Speaker or a member presiding has entered or left the Chamber as the case may be.” By convention, all members rise from their seats when the President, who is the Head of State and Government and Commander-in-Chief of the Defence Forces enters or leaves the House. This is done in deference to the high office he holds. In this regard, members only rise from their seats in respect of the categories of persons specified above.
Standing Order Number 81 of the National Assembly states that,
“any member who willfully disobeys any lawful order of the House and any member who interrupts the orderly conduct of business in the House shall be guilty of contempt” – [HON MEMBERS: Hear, hear] – I am concerned by the unacceptable behaviour of Members Parliament from the MDC, who rose from their seats when the Leader of the Opposition, Hon T. Khupe entered the Chamber yesterday. Moreso, Hon. Khupe did not even bow to the Chair – [HON MEMBERS: Shame, shame!] – before she took her seat. This apparent lack of respect for the Chair and the august House is a flagrant violation of Standing Rules and Orders and will not be tolerated in future without appropriate censure. It is the
Chair’s hope that such an unfortunate incident will not occur again. In other words, this is a warning and a serious one for that matter.
SWITCHING OFF OF CELL PHONES
- SPEAKER: May I make this other announcement, hon.
members, do not test the patience of the Chair and the Chair’s accommodation, especially when we advise that members should switch off their cell phones before business commences. I do not want to see a repeat of what happened yesterday. I will not make further announcements about switching off cellphones when we next sit. It must be taken as a Standing Order.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
- MUDEREDZWA: Thank you Mr. Speaker Sir. First and
foremost, I would like to thank you for affording me this opportunity to make a contribution to the Presidential Speech. I would like to begin by congratulating you Mr. Speaker Sir, for being elected to the highest office of the National Assembly. May the Almighty God bless you.
Mr. Speaker Sir, I would like to salute the President of the
Republic of Zimbabwe who is also the Commander-In-Chief of the Zimbabwe Defence Forces, Cde. R.G Mugabe for leading ZANU PF as a team to victory – [HON. MEMBERS: Inaudible interjections] –
THE DEPUTY SPEAKER: Order, can we give a chance to the hon. member to debate? Hon. member can you continue?
- MUDEREDZWA: Thank you Madam Speaker. I was
saying, I would like to salute the President of the Republic of Zimbabwe who is also the Commander-In-Chief of the Zimbabwe Defence Forces for leading the Team ZANU PF to a resounding victory. May the Almighty God bless our President in abundance.
I would also like to give praise to all hon. Members of Parliament who managed to come to this august House in one way or the other. May the Almighty God bless them also. Madam Speaker, the President of the Republic of Zimbabwe gave us a speech which was well loaded with socio-economic challenges and what the Government is going to do to address those challenges.
Madam Speaker Sir, – [HON MEMBERS: Inaudible
interjections]-
THE DEPUTY SPEAKER: Order hon. members. Can we have order in the House? Order! The hon. member can continue and address the Chair as Madam Speaker Ma’am.
- MUDEREDZWA: Madam Speaker Ma’am, I was saying,
the Presidential Speech was well loaded and I would like to make a contribution as a member of Team ZANU PF. My constituency, Buhera Central is typically rural. There is no tarred road in this constituency. I would like to echo sentiments made by Hon. Chinotimba and Hon. Mandipaka to say the road from Murambinda to Birchenough Bridge is in a sorry state. This road is inaccessible and it is very difficult for business to come to Buhera district. It is my request Madam Speaker
Ma’am, that this road be tarred as a matter of urgency. This road also connects Buhera and Chipinge and it is the shortest route to Harare from Chipinge, hence it is also going to benefit people from Chipinge. At the present moment, they are coming via Mutare or via Masvingo and the distance is too much.
Madam Speaker, the President also talked about the need to improve overall supply of electricity in the whole country. In Buhera Central Constituency where I come from, Madam Speaker, there is only one school, Nyashanu Mission and one business centre – Masasa, that are electrified. The rest of the Constituency does not have electricity and I am calling upon the ZANU PF Government to make sure that we address this anomaly by funding ZESA and REA so that they can provide electricity in the rural areas. This was not possible even in the last Government of convenience.
Madam Speaker, there is need in these two respects for the Government to focus its energy in the rural areas. The rural areas have been neglected over the years by the Government of convenience which was in office. The Minister of Energy, who was in the office during the last Government, did not do anything to my Constituency. Madam Speaker, I am appealing to the Government to ensure that all rural areas are taken on board, when we compile the budget for the coming year, 2014.
The drought alleviation programme should be pursued with vigour as we approach the farming season this year. Apart from the maize grain that is being provided, inputs should be speedily provided to the people in the rural areas so that they overcome the dependence on donor support that is taking place at the present moment. Madam Speaker, Buhera Central Constituency falls under the ecological region 4 and 5, where the area is drought prone and drinking water is a scarce commodity. Therefore, there is need for the ZANU PF Government to drill boreholes in order to alleviate the shortages water. DDF, if properly funded and supervised, can deliver in this regard.
Madam Speaker, civil servants should be well remunerated because they have stood the taste of time through difficult times and the nation is indebted to them for their resilience and commitment to duty.
My last praise goes to the Security Forces of this great country. Their continued stance against adversity in safeguarding our sovereignty and independence should be held in high esteem. The peace that we are enjoying is a product of their dedication to duty. I wonder where the motion of Security Sector Reform is coming from. This nation is squarely in safe hands in the area of security. Therefore Members from the opposite side should go along with us in denouncing sanctions that have caused a lot of suffering to our people.
Madam Speaker, I would like to thank you for giving me this opportunity to make my Maiden Speech. I thank you.
- NDORO: Thank you Madam Speaker for affording me this opportunity to contribute to the debate on the Presidential Speech. I would like to start by congratulating you, the Deputy Speaker and the Speaker, for your election to lead this august House as well as the President of Zimbabwe and team ZANU PF for winning the July 31 harmonised elections resoundingly.
Madam Speaker, the two third majority clinched by ZANU PF means that the revolutionary part can now implement its people orientated policies and programmes without any disturbances from the foreign sponsored opposition parties. ZANU PF part is now the main party and the foreign sponsored and controlled MDC-T already has one of its legs in the dustbin of this countries’ politics.
Madam Speaker, it is important to note that this country has not witnessed any meaningful development in the last 12 or so years that these foreign sponsored parties have been in existence. It was the same MDC which approached the United States of America and EU to impose sanctions in this country.
THE DEPUTY SPEAKER: Order, order, order!
- MADZIMURE: On a point of order.
THE DEPUTY SPEAKER: What is your point of order?
MR MADZIMURE: The hon. member is promoting violence by
stating things that are not a fact, which he cannot substantiate in this House. The MDC is not a sponsored party – [HON. MEMBERS –
inaudible interjections]
THE DEPUTY SPEAKER: Order, can the hon. Member continue
with his debate.
- NDORO: Fortunately, although the sanctions have caused a lot of suffering among the people of Zimbabwe, they failed to break that resilience, that revolutionary spirit among the people, hence the resounding victory by ZANU PF. The three legged animal called the inclusive government which had some ministers singing foreign tune and opposing the black economic empowerment programme is no more. That being the case, Madam Speaker, we expect the revolutionary
ZANU PF Government, to fulfill the people’s aspirations as enunciated by the President when he officially opened this august House. I am happy that the Government has plans to build 1 000 clinics across the country. In my Constituency, Murehwa West, we have four wards which have no clinics. This is forcing people to travel for more than 20 km to seek medical attention. As a community, we have moulded enough bricks for the four clinics, one in each ward and we are still to approach relevant authorities to seek assistance in the form of building materials.
Madam Speaker, on the issue of roads, the roads are in a bad state and this has forced many transport operators to shun some routes especially the Kadenge-Musani, Chikupo Cross, and Kadenge to Kasino Business Centre. This has also seen people being forced to pay as much as a dollar for a distance or journey of 5 km. We therefore urge the Government to capacitate DDF and the Rural Council so that they will be in a position to grade roads in rural areas. Madam Speaker, it is disturbing to note that foreigners are now the major players in the transport and retail sectors, yet these sectors are reserved for the indigenous black people. We do not need expatriate knowledge or skills in these areas. We therefore, call upon the Government to put in place policies that ensure that only the indigenous people run these sectors. I thank you Madam Speaker. -[HON. MEMBERS: Hear, hear]-
MR MUKANDURI: Thank you Madam Speaker, first of all I would like to congratulate you…
THE DEPUTY SPEAKER: Order! Can that microphone be put
off?
MR MUKANDURI: Thank you Madam Speaker, first of all I
would like to congratulate you and the Honourable Speaker for assuming those stewardship posts. I would also like to congratulate His
Excellency the President of the Republic of Zimbabwe President Robert Gabriel Mugabe for winning the Harmonised Election on 31st July, which were considered to be free, fair and credible. Not only by the people of Zimbabwe, but by the regional body such as the AU, SADC and other friendly countries like China and Russia [Hear, hear]
Madam Speaker on that note, I would like to appeal to other Zimbabwean people to accept the outcome of the July 31st Election as they were free and fair. Coming to the substance of the Presidential
Speech, first of all I would like to say I represent Zaka East in Masvingo Province. It is an area which has been marginalised, it is an area in the periphery. On infrastructure, we have a road that links Chekenyere,
Chitora, Svuure to Jerera which is our growth point. It is really in a poor state, I would really appeal to the revolutionary party’s Government which is in power to look into that problem.
Madam Speaker, we also have a road that links Benzi, Chiredza,
Zibhowa to Jerera which as I have already stated is our growth point. The road is also in a bad state and I do appeal to the Government to look into that problem. We do also have feeder roads that that feed into these trunk roads. We would to appeal to the Government to give DDF or capitalise DDF to do their core business that is to maintain these roads. I now come to the point of health which was raised by His Excellency the President. In Zaka East we have only three clinics, three clinics that service the entire Constituency. They do not have adequate manpower, they do not have enough drugs. In addition to that the residents in the Constituency they will be happy if we have a clinic in every ward, that is to say at least four more health centres in Zaka East Constituency. They are prepared to mould bricks. In Chiromo they have already moulded bricks and they will soon approach the relevant authorities to get the authority to build their own clinic.
Madam Speaker, I would also like to appeal to the Minister of Health to look into the staffing of these clinics because they are very few nurses in those clinics. They are over worked and as human beings they will tend to be tired and they will not do their job efficiently.
I come to the issue of water, Zaka East is in region 5 and 6 according to the ecological regions of Zimbabwe, it is a very dry area. There is not enough water for drinking. I need to say the Constituency requires boreholes in almost every ward so that people have water to drink as well as for any other purpose. I therefore, implore the relevant authorities to look into this.
In connection with agriculture, as I have mention Zaka East is in region 5 it is prone to drought. We have persistent drought year in year out. So I would appeal to the relevant authorities especially the Ministry of Agriculture to use their extension officers to concientise the people of Zaka East that they should plant drought resistant crops rather than give them maize seeds which do not do well in that region since year in, year out we have drought in Zaka East. Also to have irrigation projects, we have one of the biggest dams by the name of Manjirenji. Some of the people of Zaka East were displaced to make way for Manjirenji Dam but they see the water flowing along Chiredzi River into the dam and it goes to Mkwasine then Hippo Valley. They have no access to that water from that water body. I would definitely and sincerely appeal to the Minister of Agriculture Irrigation Services to look into that problem. They want to utilise that water and they also want to benefit from that water from Manjirenji Dam because they are the people who are abiding, but at the end of the day, they are not benefiting from that water body.
Madam Speaker, I come to the issue of power, Zaka East Constituency has 18 primary and secondary schools. Apparently, we have two secondary schools and these are Surure, Muzinda but Benzi of late was connected to the national grid. These schools have no electricity Madam Speaker. They cannot use computers and I do appeal to the Minister of Energy and Power Development to give authority to
REA so that these schools can be connected to the national grid.
I come to the issue of corruption which was raised by His Excellency the President. Madam Speaker, corruption is a societal evil which knows no boundary. In my constituency, people struggle to get relevant documents like birth certificates.
An hon. member having passed between the Chair and the hon.
Member speaking.
THE DEPUTY SPEAKER: Order, hon. member, you cannot
cross the line between the Speaker and the Chair.
MR MUKANDURI: Thank you Madam Speaker, I was
deliberating on the issue of corruption. I was saying corruption is a societal evil which should be fought by all people. In my constituency, people struggle to get documents like birth certificates and national identity cards from the relevant departments. There is too much red tape/bureaucracy. People should be sympathetic to the community they serve. I honestly and sincerely appeal to the Minister of Home Affairs, who supervises this department to look into the issue.
The President did comment on the work done by our security forces. The security forces in this country are doing a tremendous job and yet some people try to trivialise them. They are human beings who have human rights and if they say you are a security threat, they are making a military statement.
A few years ago, we had a problem where they foiled a coup that was supposed to be carried out in Equatorial Guinea and it was done by our security forces here. That group was led by Simon Mann; if I am not mistaken, I think he is a British citizen. Britain is involved in quiet a number of areas, for example, in Kenya we read in the newspapers that the same British people, Samantha Lewthwaite, masterminded the attack in Westgate where human beings were killed, property was destroyed. In Zimbabwe, we should by and large, commend the good job done by
our security forces.
We are here, we go home after work and sleep, knowing that we have peace in this country. So we should commend our security forces
for that.
Lastly, Madam Speaker, I come to the issue of civil service, they are a resilient force. They are working under very difficult conditions but their remuneration at the end of the day is very poor. I was glad to hear the President saying that the ZANU PF Government is going to look into their welfare and remuneration packages.
An hon. member having passed between the Chair and the hon. Member speaking.
THE DEPUTY SPEAKER: Order, hon. member, you cannot
cross the line between the Speaker and the Chair.
MR MUKANDURI: Thank you Madam Speaker, I was just
concluding my debate. I was just saying the Executive should look into the problem of our civil servants. These are people who have no other businesses apart from Government work. They wake up every day, go to work all day and that is the only potential that they have. I would recommend that they be given salaries at least above the poverty datum line. I do not know the figure but at least they should be given a figure which is above the poverty datum line.
I would like to thank you for affording me this opportunity to contribute to this debate.
*MRS CHIKUNI: Thank you Madam Speaker for giving me this opportunity to speak on this motion. I also want to congratulate you for being elected to the position of Deputy Speaker of the National Assembly. I want to congratulate His Excellency Cde. Robert Mugabe for a resounding victory in the 31st July, 2013 elections and we are proud of that in both rural and urban areas. We are very much assured of his capable leadership. Not only is he an icon in Zimbabwe, he is also an icon in other African countries, and they depend on him for guidance.
I want to congratulate the people of Zimbabwe for voting peacefully, especially in these elections where the Constitution aimed at increasing the number of women parliamentarians. That is why we now have many women legislators in Parliament. I want to congratulate the people of Zimbabwe for the peaceful job done from the time of the
Referendum to the elections. I want to support what was said by His
Excellency when he was opening this Session, when he was talking about agriculture. He said agriculture is the mainstay of the economy of Zimbabwe and therefore agriculture should be supported in the rural areas.
When I look at my area Chimanimani West and East, Western Chimanimani is a constituency with all the ecological regions. However, in regions 3, 4 and 5, there is untold hunger within the communities. In these regions, during the last rainy season, there was a lot of rainfall during the start of the rainy season, but it did not last for the rest of the cropping season. These areas include Mhandarume, Chakohwa, Nyanyadzi and so on.
Madam Speaker, the President also discussed the distribution of seed in rural areas. As far as we are concerned, we do not have an equitable distribution of seed to assist all the people. As suggested by His Excellency, it is important for the Grain Marketing Board (GMB) to be given seed so that they sell it at an affordable price to the ordinary people in the rural areas. Fertilizers and all the types of seeds needed by local farmers for their ecological regions should also be affordable and accessible. This should be in such a way that, farmers are able to buy these inputs in time for the farming season. Within the agricultural sector, you will note that there is now climate change. Many people in my constituency are now practicing what we call dhiga ugute, yekuchera makomba tichizoradzika uswa. It is a plausible process, but, you will note that the people who are using this method of conservation are cutting grass causing shortage of fodder for the cattle. Therefore, these people should be helped to assess how much grass they should cut for this process so that the pastures remain adequate for the cattle.
Madam Speaker, when we talk of agriculture, we also talk of the conservation, especially in areas such as Cashel Valley. People are not conserving the natural resources as they should be. The best way is to educate the Chiefs and the Headmen so that they do not allocate people stands and farms in areas of marshlands and slopes so that we conserve the natural resources and preserve it from problems such as soil erosion.
Madam Speaker, I will now talk about health. Many people have come out in the open concerning their status on HIV and AIDS.
Sometimes they live in fear because of lack of HIV and AIDS drugs. We urge the Government to keep in stock a lot of these drugs because many people have been affected by this virus. Some of these people have been afraid to come out in the open about their status because of stigmatisation. We need to increase drugs to these people so that those people who have come out into the open, admitting that they are living with the HIV and AIDS virus are given assistance so that they can live a normal life and be able to fend for their families.
Madam Speaker, still under health issues, in my constituency, there is a clinic which was built in 2011 and is still not complete. The amount which has been allocated from the Constituency Development Fund for the construction of that clinic was not enough to complete the project. I appeal to local authorities to put more funds into the construction project of the clinic so that it is completed for the benefit of the community. I also plead with the powers that be, to increase the manpower at these health institutions because at the moment, they are overworked.
Madam Speaker, I will now talk about the workforce of Zimbabwe. Zimbabweans are naturally hard workers and their salaries should be commensurate with their work. In his speech, His Excellency, President Robert Mugabe promised that he looks forward to an increment of workers’ salaries to acceptable levels. The President also talked about the welfare of the workers. We hope that ministries responsible for the workers’ welfare and salaries will implement what was suggested by His Excellency.
In most cases, these workers are not able to fully give the assistance expected of them because of poor remuneration and welfare. As a parent, one looks forward to taking their child to a better school than the one they would have attended for a better education, especially boarding schools. This is the parents’ ambition, but when the salaries are low they cannot afford boarding school fees. I thank you Madam Speaker for giving me this opportunity.
- MACKENZIE: Thank you Madam Speaker. I rise to join other hon. members who have contributed to the Presidential Speech delivered to this august House on the 17th September, 2013. First and foremost, I want to start off by congratulating our revolutionary party ZANU PF and all the hon. members from ZANU PF for resoundingly hammering our opponents in the 2013 harmonised elections. These elections taught our opponents a lesson. Madam Speaker, I want to congratulate our visionary, inspirational and revolutionary leader,
President. Robert Gabriel Mugabe…
Hon. Cross having been reading a novel during debate.
THE DEPUTY SPEAKER: Order! Hon. Cross is reading a novel, can you please stand up and I will send the Sergeant-At-Arms to escort you so that you read the novel outside this House.
Sergeant-At-Arms escorts Hon. Cross outside the House.
THE DEPUTY SPEAKER: Hon. member, you can resume your
debate. [HON. MEMBERS: Inaudible interjections.]
THE DEPUTY SPEAKER: Order! Order, hon. members. Hon.
Mackenzie you can resume your debate.
- MACKENZIE: Madam Speaker, I want to congratulate our visionary, inspirational and revolutionary leader, President Robert Gabriel Mugabe for comprehensively routing Mr. Morgan Tsvangirai for the third consecutive time since the formation of the MDC party. Madam Speaker, the appointment of the Speaker of this House and his team is indeed a pleasure to me and the people of my constituency. It is an appointment which we will cherish for a very long time. I want to thank the party for giving me this honour. I want to also thank the people of Zimbabwe for the political maturity exhibited before, during and after the elections.
Madam Speaker, I want to give a special thanks to the people of Kariba, my beloved constituency for re-electing me for the second time after having elected me to represent them from 2000 to 2005. I want to applaud the Southern African Development Community (SADC), the African Union (AU) and all the progressive organisations that came to observe and monitor the elections and declaring the elections free, fair, peaceful and credible. Madam Speaker, last but not least, I want to congratulate the newly appointed Cabinet and thank the President once again for the wise selection of the Cabinet. The Cabinet has wisdom, knowledge and energy to lead us in our endeavour to achieve what is outlined in the manifesto as is clearly enunciated by His Excellency in his Address.
Madam Speaker, Kariba Constituency is endowed with abundant natural resources, yet it is the most underdeveloped in Zimbabwe. There are virtually no roads in Nyami-Nyami resulting in critical shortage of public transport. Sound transport infrastructure is crucial in national development activities. No investment will take place where there are no roads. Qualified personnel will not be attracted to go where there are no roads. Drought relief and agricultural inputs cannot be delivered where there are no roads and the abundant natural resources cannot be tapped where there are no roads. Madam Speaker, the roads in the rural parts of Kariba Constituency were last graded in 2006. I am urging Government to urgently consider upgrading and tarring the Karoi - Binga road, Siakobvu - Bumi Hills road and the Makande to Kariba road. The Karoi - Binga road is a very strategic road that will contribute significantly to the economic development of our country.
Sound investment in various economic sectors in Kariba is held back by the poor road network. The Karoi-Binga road would reduce the distance from Kariba to Victoria Falls by half. Tourism, fisheries and mining industries will be boosted by the upgrading of this road, linking Kariba and Victoria Falls.
Madam Speaker, the greater part of Kariba Constituency lies in ecological region 4 and 5. Perennial hunger and starvation have gone on for a very long time without receiving attention. As I am speaking, Madam Speaker, families are starving and have resorted to living on wild fruits. Madam Speaker, I am urging Government to deliver food to Kariba Constituency as a matter of urgency.
As a long term measure to mitigate the risk caused by drought and perennial hunger, Government should set up massive irrigation schemes in Kariba to produce the much needed food. We have abundant water from Lake Kariba, which is not utilised for irrigation agriculture. Our people are just 40km to 50km from the lake. Madam Speaker, the call for increase in agricultural production is a welcome move. In order for the production of maize to be viable the price of fertiliser should be reviewed.
Madam Speaker, it remains very unfair that Kariba produces electricity that is used to drive the industry in other parts of Zimbabwe and to service people as far as Mutare and Masvingo while we the people of Kariba, after having been removed from the Zambezi river to give way for the construction of the dam for the much needed electricity, are still waiting for a chance to use that electricity. The industrial hub of Nyaminyami District is at Chalala and the hotels along the lake shore are using generators for electricity. We need electricity to light our homes and to start some home based industries. Government should take electricity to areas under Chief Mola, Chief Negande and to all the fishery industries along the lake shore.
On health matters, Madam Speaker, Government should deploy doctors to rural district hospitals. Siakobvu Hospital urgently needs a resident doctor and surgical equipment. Currently, referral centres for the sick people from Siakobvu Hospital are Karoi and Gokwe Hospitals, which are more than 200km away. With the nature of our roads many people have lost their lives in transit to referral centres. We urgently need a resident doctor at Siakobvu.
Madam Speaker, on the conservation of natural resources, the Campfire Programme, one of the first indigenisation and economic empowerment programmes in Zimbabwe, is no longer viable. It has been seriously affected by the high rate of poaching. Binga,
Nyaminyami and Hurungwe, going as far as Mbire, used to earn a lot of revenue from the Campfire Programme and now because of the high rate of poaching the councils in those areas are struggling to make ends meet.
Madam Speaker, Government should come up with stern measures to protect local manufacturing industries. While I agree that as a country we need investors from outside. I think we have relaxed our laws to a level where we have allowed outsiders to come and invest in some areas where our local people can invest without outsiders. I am really disturbed to see the Chinese investing in brick moulding; coming all the way from China to invest in brick moulding. This is a basic production area, which must be preserved for our Zimbabweans.
Madam Speaker, the major economic activity in Kariba is kapenta fishing. I am really hurt by what is happening in the kapenta fishing industry. The influx of kapenta from Mozambique, which is coming into the country duty free and is sold at US$2 per kilogram, has badly affected the production of local kapenta. Why should we as a country allow kapenta from Mozambique when we can produce our own kapenta? I am calling for the Government to immediately stop the influx of kapenta from Mozambique and to promote the local product. Currently our kapenta fish has no taker, while National Parks is calling for the payment of fishing permits from our operators. Unfortunately, they cannot afford to make the payments. Sometimes the operators have asked National Parks to pay them by giving them kapenta instead of cash because cash is hard to come by.
Madam Speaker, turning to education, Kariba Constituency does not have a single boarding primary or secondary school. Our secondary school going children normally attend secondary schools some distance away from Kariba. I think at the moment, we have more than 500 children from Kariba attending boarding schools outside Kariba. Some children are forced to squatter far away from their parents in order to attend their secondary education. I am urging Government and private players to consider the plight of our people in Kariba and to come and invest in the education sector.
Kariba Constituency comprises of both urban and rural parts of Kariba. The major challenge facing the urban part of my constituency is the shortage of land for residential, industrial and commercial stands. Government should consider allocating more state land to the municipality of Kariba. Madam Speaker, I thank you.
*MS. MAHOKA: Thank you Madam Speaker, I want to give
thanks and respect by congratulating you for being elected to the post you now hold and also congratulate the President R. G. Mugabe on his resounding victory.
I want to debate on the Speech that was delivered by the President on the day he opened this session of Parliament. I want to put more emphasis on the issue of electricity that was mentioned by the President. We have a big challenge that calls for urgent Government attention because without electricity, there will be slow development. This challenge needs a deeper scrutiny because it was destroyed by Hon. Mangoma who had been in charge. He destroyed it so much that it now needs the Government to revisit the electricity supplies problem so that electricity can be available once more in many areas both in towns and in the rural areas.
In my constituency, there are many farmers who want to irrigate especially tobacco this time of the year. However, farmers are failing to irrigate the tobacco because electricity is a big problem to them.
We are also of the opinion that prepaid electricity should be in towns only and not in the farms because this facility does not assist us as farmers. Many farmers are not happy because of this electricity supply facility. The electricity will not suffice us because we will need to irrigate so that this country can develop.
I want to say, the office bearers who were put in place by the dealers who were there should be looked into, because we may assume that we have genuine workers of the Government, whereas those may be dealers who were given those offices. We want workers of the Government who can work for an impressive Government, because the people, who put this Government in power, are expecting best service that is commensurate with the expectations of the best Government that they have put in place which is led by ZANU PF.
We are of the opinion that every office should be vetted because what is happening to the electricity supply services is not very impressing to us. There is need for the Government to urgently look into what is happening there. We cannot say there is no money for improving the electricity supply service whilst people are paying for their bills the way they are doing. The money that is being paid by the people is too much but what that money is doing for us is not evident.
Therefore, farmers have got a lot of problems, with the electricity supply services and there should be an urgent inquiry into the issue of electricity supplies, so that dealers can be taken out of office and genuine Government employees should take over and do their duties expeditiously because people are expecting services from us.
The President spoke about agriculture, because he can actually envision that agriculture is the backbone to the development of this country. All other endevours can be pursued also but farming can develop this country, Zimbabwe. That wealth of this country lies in agriculture. The challenge that we have in agriculture now requires the
Government to urgently see that the money that was being held onto, by Hon. Biti when the President had said money should be disbursed to the farmers, holding onto it like it was his money, whereas it was
Government finance, we want the Hon. Minister who is now in charge, to make sure that the Ministry of Agriculture is allocated enough money for farming.
It does not help us as a country to import maize produced by fellow black people like us from other countries, when we are able to fill our granaries. In my constituency, Hurungwe East, they can fill the granaries if they can get enough money for farming. There are others also who, when given money for agricultural activities, use it for marrying wives and buying posh cars.
We are saying, those people must be arrested. The Government must follow-up on those people and arrest them. They should not squander Government funds. Government funds should be given to people who want to use it profitably in farming because if we say for example, A1s only, it can actually fill our granaries if we allocate them enough resources. Even if they can invest in two hectares; one for personal consumption and the other hectare for sale, those two hectares can be sufficient for feeding the whole country because all the years since 1980, the silos in this country used to be filled until the time this other animal came. That is the one that has made our production trends drop since 2002 and especially in 2008. Everything went down and the Ministry of Agriculture became lowly esteemed because, there are lazy people who do not want to do farming. They just wait to be fed and if they are given Government funds, they plan to marry. When they are given state funds for farming, they decide to buy cars – [HON. MEMBERS: Applauding] – and if they are given farm implements, they park them at their houses in urban areas, keeping them idle.
Those in the communal areas or those in A1 and A2 farms, need those implements urgently together with the money that suffice for their farming needs for them to produce abundantly.
The Government should also be alert when people are given money for farming. Banks should not put too many laws because time will be going for the farmer when the banks will be telling the farmer to bring this and that whilst it is very evident that the person is a farmer. Like right now, time is not on our side. It is moving and Government should quickly see to it that when money is allocated to the banks for farmers, banks should consider the farmer as a farmer, issue out money and then the farmer should also know that this Government fund from the bank should be paid back, it is not just for spending. People should take these loans knowing that it will have to be repaid so that we can continue with farming because to us, farming is the life source of this country.
So, we wish that this Government should urgently shift its attention to agriculture. Let us not talk too much about death notices; we should act because the people back home, now need more action and the silos should be filled. It does not help us importing maize grain from other countries while we can fill our silos. That money should be given to us. If you deliver your maize grain to the Grain Marketing Board this week, the payment should also come forthwith because people chose the Government that impresses them. For many years past, the Government has been delivering the best service to them and 2008, that is when things derailed.
People now know that a ZANU PF Government represents them so, they reinstated it. The Government should therefore urgently give people funds for farming as well as enough inputs. The inputs should not be too little. The soils that we now have, have been overused and now need enough fertilizers per hectare. If we can be given six Ammonium Nitrate (AN) bags and six for Compound D, and the people actually use that appropriately in one hectare, we should produce the expected output, six to seven tonnes per hectare. One can get much money from the GMB, which can sustain family when you receive that money on time.
In Hurungwe East, there is the problem that there are people who bought fertilisers in 2009 and they are asking the Government to followup on the fertilisers so that, the fertilisers can go to the relevant farmers. Other people who sold their maize grain did not get their money also from the GMB. The Government should consider that these people who sold their grain to the GMB in 2009 get their money urgently because people sold their grain to the GMB and it did not work. The Government should quickly make sure that these people get their money back on time. We shall fill these silos if we are given enough funding.
Let me digress to the issue of health that the President spoke about. In Hurungwe East, we have the challenge of hospitals. Hospitals are there but there are no medicines, (there are no medicines) especially for those HIV/AIDS patients. There is a big challenge and I think the Government needs to expeditiously look into the issue of availing the
HIV drug. You also find that the clinics are not within accessible reach. People travel 10-15 km. I am urging the Government to ensure that the hospitals are built and are made accessible to the people. Government should ensure that the nurses are adequately remunerated, so that they can take their children to boarding schools and that they can also get food for their children. Civil Servants will be able to treat us well if the Government is remunerating them well. The issue of hospitals and medication should be looked into.
On the issue of roads, the road network in the rural areas especially in Hurungwe East, is not accessible at all. Such roads like Chirairo and Marere network needs the Government to move in with speed. We may do good farming, but, we cannot take that grain to the GMB because the roads are not accessible. We have two bridges that were washed away. We used logs and stones to try and build up the bridges. The
Government needs to ensure that they repair these bridges to ensure that the farmers do not face challenges when delivering their produce to the GMB.
Even to travel to the hospital, it is difficult because for someone to get into a scotch-cart to go to the hospital, the road network is bad. So the Government needs to move with speed to address this issue. I think the issue of tollgates, that we are paying; those who pay tollgate fees are the people from rural areas. You find that their tollgates are only found on main roads. I do not think that the main roads are where most people live. Where we come from, the Government needs to ensure that the roads in the rural areas are constructed to ensure that there is a smooth road network.
When allocating tenders to those people who are constructing the roads, we are requesting that the Government should not just avail these tenders to anyone, but, to the experts who will ensure that they construct roads that will have a long life span. Today, you find that some of the roads that have been constructed, they have patches here and there because they are of poor quality. We want experts to do the work and this should be the same in rural areas. On the issue of Constituency Development Fund (CDF) that was mentioned by the President, it is meant for the people and Government needs to seriously look into this. This money should be availed to the people as soon as possible because these are the funds that can ensure development in a constituency.
If it is availed to the Members of Parliament, they know the problems and the challenges in their constituencies. This money should be used in line with the developments needed in the area. Then there is the issue of having mercy on Members of Parliament who abused this money. These people should be brought to book. They should be imprisoned so that they know that Government funds cannot be abused.
I do not think that this is something that we should uphold, we should condemn that. I think the Government has the records. All those people, if they did not know that it was Government money, once they are in prison, they will be able to know that they used Government money.
If they do not want to go to prison, they should pay back the money to the Government. So, we cannot just say it is water under the bridge. The people whom we represent want to see the action that we are going to take. On the issue of the Ministry of Gender, I was thinking that the Ministry of Women’s Affairs, Gender and Community Development would need a community center in every ward in each constituency. The constituents will assist us because anything that comes into the ward, the
Member of Parliament and the Councillor can address these issues. Everyone in the ward can go to the ward centre, if it comes to the distribution of certain things and they can actually travel to the wards.
The Government will know that this ward has so many disabled people and so many women in the constituency because the ward centres mainly assist the women and the children who face the most challenges.
So these ward centres will assist us. The Government needs to look into the issue of setting up these ward centres so that women and youths can be assisted in various areas. Mr. Speaker Sir, I want to thank the majority of the people in Zimbabwe for electing me to represent them in Hurungwe East. I also want to thank the nation for electing the President to be the Head of State. I think even my colleagues will agree with me that His Excellency, is the President of the nation, who should hold the post of President until his death.
I was talking to one of them in the afternoon and they are all satisfied with the way the President rules this country. They are even happy about it in their own party. They are saying even if the President stands for ZANU PF, he is also representing us because they know that he is a father figure with good standing and condemns corruption. The President has dignity and so he should lead the country. He is a President for the whole country and the whole world. Wherever he goes, or in any country he goes to, all people respect him. I thank you Mr.
Speaker.
*MR. MUSANHI: I want to thank you for giving me this opportunity to say a few things that I have observed. I am not going to repeat what others have said.
- SPEAKER: In terms of our Standing Rules and Orders the hon member cannot debate twice on the Presidential Address unless if the Chair is so ill advised.
*MR. MUSANHI: Mr. Speaker Sir, yes I debated the Speech but I
have omissions that I realised and I just want to add to.
THE MINISTER OF STATE FOR HARARE
METROPOLITAN: I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 15th October, 2013
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF STATE FOR HARARE METROPOLITAN: I
move that Orders of the Day, Numbers 2 to 4 be stood over until Order of the Day, Number 5 has been disposed of.
Motion put and agreed to.
MOTION
ATTACK ON THE WESTGATE MALL IN NAIROBI
Fifth Order read: Adjourned debate on motion on the terrorist attacks on the Westgate Shopping Mall in Kenya.
Question again proposed.
- MUKANDURI: I would like to thank the mover of this motion Hon. G. Moyo. This is a very important issue concerning Africa. The terrorist attack on the 21st of September 2013 at Westgate Shopping Mall in Nairobi is a very cruel, heinous and barbaric act which happened in Kenya on the African soil. It should be condemned in all forms.
Human life is sacrosanct but we should not lose focus on what happened in Kenya. Certain countries and organisations should not take advantage of the bad things that happened in Kenya. From the media, we understand they are now heroes due to the fact that people lost their lives and there was property which was destroyed. We should not lose focus on what happened in Kenya.
I was reading the British Telegraph. They were saying there was an ex-British Marine, an ex-soldier in United Kingdom. This guy is now being taken as a hero. They say that he saved more than hundred people. How could they count the victims in such a situation and arrive at that number because there were people who were under the rubble and I presume there are people who are still trapped under that rubble. The media being the media as it is, are taking that ex-royal marine soldier. They are not counting the loss of the people who died or people who were maimed in the terrorist attack in Nairobi, Kenya.
In Kenya, they have Abdul/Haji, a businessman; who is now being paraded as a hero because he saved an American national. Hajji had gone to Westgate, why? Because according to press reports, he had a brother – I think who is serving in one of the security arms departments of the State. He had gone to rescue his brother because his brother had sent him a message to say, ‘Brother Hajji, I am trapped here. There has been a terrorist attack’.
Yet, this officer, if he is an officer of the State, should have reported the matter to his superiors so that the responsible organ would take immediate action to go and rescue the people who were trapped, maimed or killed at the Westgate terrorist attack. I am saying, we should not lose focus because human life is sacrosanct.
The United Nations Declaration of 1948 says, ‘Human rights are important and fundamental’, - regardless of whether you are a black man or white man; you are treated equally because we all have blood. Unfortunately, in Kenya, they are not in charge or in control of the operation. The so called experts from other countries have taken charge, they say they have the know-how and yet this is a Kenyan incident.
President Uhuru Kenyatta has set-up a Commission where we expect this so-called ex-marine, whose picture is not even being shown for some unknown reasons, who was armed in Kenya to testify. A foreign ex-soldier moving about in another country whilst he is armed. Honestly, we should try to put our house in order on the African continent because we allow foreign countries to carry weapons. This incident will be taken advantage of by hostile organisations such as MOSSAD and try to create destabilisation in other countries because of the Kenyan incident.
So, we are saying, whilst we share and pass our condolences – foreigners should leave Kenya and the Kenyan people should be in charge of the operation. Whilst this thing happened, the Kenyan people should also have laws, even here as Zimbabwe – should have very clear laws on guns. Who is supposed to carry a gun, where; when and why? – [HON. MEMBERS: Hear, hear] - Reading on the Internet, I am told that there was a certain man, Mr. Raju, who was in a bank at the Westgate shopping mall. He sent a message to his colleagues, who are members of the Kenyan gun squad saying, ‘What happened at Westgate is not a robbery. Can you please come to my rescue in dozens’. Yet, Kenya is a State with State machinery; these people have guns in Kenya.
What does the law say in Kenya?
We appeal to our brothers in Kenya and say, ‘Put your house in order’. Guns should be kept in barracks, in secure places and not in places like Westgate. We also want to know how many people were killed in this terrorist attack because the Kenyan Government is mum today they say this figure; tomorrow they say that figure. How many people/terrorists were killed? How many terrorists escaped? It is very vital for us as Africans because we should also say, ‘This happened in Kenya, where did these people go?’. Maybe next time, as one of my colleagues said yesterday, ‘No country is immune from these terrorist attacks’, because they are barbaric. They do things that we can never foresee.
I would like also to say to the Western powers that they should not put blame squarely on Kenya because in the press they were saying, ‘we had fore-warned Kenya; we had fore-warned South Africa to say there is this lady of British origin who is believed to have master-minded the planning and execution of this operation. So, terrorists come from all over the world.’ This is a British national, some of them and in particular this lady is a terrorist. If anything happens on the African continent – blame should not be given to the Government.
A few years ago, we had Cholera in Zimbabwe and because of that incident, the Western powers said that they wanted to come and attack. Terrorism should be defined in two categories – there are individual actors who are terrorists but there are also State actors who promote terrorism, if you go and kill innocent people -[HON. MEMBERS: Hear,
hear] -
Mr. Speaker Sir, I am saying, we share and are concerned with what happened in Kenya but we appeal to our Kenyan brothers to be in charge of that operation. They might bring in experts with the knowhow but over and above that, they should be in charge and inform their
African brothers. Kenya has a national security, “the National
Intelligence Service (NIS)”, they work together with SISA. This is a regional African intelligence organisation which Zimbabwe currently chairs. They should share information and intelligence to say, ‘We suspect these terrorists boarded planes and may have gone to the south or so forth. Please be on the lookout’.
In summary, I share the concerns of the mover of this motion. I honestly and sincerely say that we should send our condolences to the bereaved families of those people who were killed in Kenya and the relatives of the people who were injured in this callous, brutal and evil terrorist attack that happened in Westgate close to two weeks now. Thank you very much Mr. Speaker Sir.
- MATANGIRA: Thank you Mr. Speaker Sir. I stand to concur with the mover of the motion that as Africans, we have to stand together in times of catastrophy that claim peoples’ lives.
*I just want to say that we should mourn as a continent because in
Africa, we are one …
*MR. SPEAKER: Order, order. Hon. member, we agreed to use one language per delivery. So it is either you speak in English, Shona, or any vernacular that you choose. Please carry on.
*MR. MATANGIRA: Thank you Mr. Speaker Sir. We are all black people, and whatever befalls us, we should mourn together. We want to support the mover of the motion who feels that we should send our condolences to the people of Kenya who lost their loved ones in the terrorist attack that happened at the Westgate Shopping Mall, in Nairobi, Kenya; claiming lives of women and children in that catastrophe.
I wanted to add my voice in this august House that the issue of terrorism, we say, when we want to comfort people, we say God has allowed this catastrophe to happen but we will find that the person who has done this is not named. For us to talk of the Al-Shabaab and AlQuaeda as terrorists that they are bad people and here in Zimbabwe we also have our own people who may be termed terrorists who are equally bad. Why can we not just pass our condolences to Kenya for their loss at the Westgate Mall?
Before I came to the House this Afternoon, I read a paper where the
President of Kenya, Uhuru Kenyatta was saying that the Government in Somalia should put its house in order. Those in Somalia were also encouraging the Kenyans to evacuate their soldiers from Somalia.
It should be clear to this House that borders may create enmity which may lead countries to go to war. If I look at Zimbabwe, we have a Manicaland Province and then if I go to Mozambique you will find that there is also a Manicaland Province. If Mozambicans claim that the boundary of their Manica Province is at our current Marondera District, a war may erupt because of the expansionist policy. Kenya is doing a good service in Somalia in maintaining peace and order, and it is in line with the duty that it was assigned to do by the Africa Peace Keeping Force.
Now the Somalians are saying that Kenya should evacuate because we are the same people and the boundary was brought in by the white people, which is dividing the people of Kenya and Somalia. It is my request in this House that we should send our condolence messages because those who moved this motion are black like us. But, those that opposed moved the motion, if we look into it, we will find that they are the mouthpiece of those who have caused these problems.
If you look at Somalia, you will not know whether those who came to bomb the Westgate Mall, were sent by America because the person who won the elections in Kenya was Uhuru Kenyatta who is not friendly to the British and the Americans. Surely, we do mourn the people of Kenya, but, at the same time God said that before you remove the small fragment in someone’s eye, first of all, remove the log that is in your own eye. What this actually means is, you should first clean your house before you clean the church. You should make peace with your own people, before you go and make peace with those who are not part of you.
I think that in this august House, we should write a letter to the U.S. Embassy that ZIDERA, I do not know what ZIDERA means but I believe that it is about imposing sanctions against Zimbabwe. So, we are supposed to agree in this House that we need to tell the people of the United States, Australia and Britain through their embassies to remove the sanctions. There is hunger here in Zimbabwe and people are dying. This is not because the people of Zimbabwe are lazy but it is because they have no money to fund agricultural projects.
Let us mourn with the people of Kenya. Let us praise ourselves because we are able and that is why there was a call for the security sector reform. We should do things the African way. The security of the people should be of top priority. The defence forces and the ZRP are working as per expectations; they are okay as they are.
I will conclude by encouraging members of this august House to debate motions which have been introduced into this House in a progressive manner. The debate should not degenerate into a circus contrary to the motion raised. I thank you Mr. Speaker.
- MUSANHI: Thank you Mr. Speaker Sir. The subject
that we are discussing here is a very sensitive one.
Mr. Speaker Sir, these terrorist groups are ruthless and we do not want our country to end up being involved in something that we do not know. Mr. Speaker Sir, Zimbabwe is for Zimbabweans and if you are breaking the laws of our country, you must be held accountable for it. Whilst we share the grief of the people who died in Kenya, it should just end on that point that we are sorry for what happened in your country. For us to start playing the blame game for things that we do not know how they came about will not help us.
For us to go on a rampage and say as this august House we are blaming the groups that attacked the Westgate Mall in Kenya, it will not do us any good. Mr. Speaker Sir, we should learn from lessons that happened yesteryear in our country when Zimbabwe was trying to help our neighbour Mozambique. Do not forget that the war ended up involving us in Zimbabwe, people being massacred in the North Eastern part of our country and quite a number of lives were lost because of that war. I come from the North Eastern border, in Rushinga, that is where my home is and I know of a few people that were killed because of that war.
Mr. Speaker Sir, I concur with Hon. Matangira who has said Kenyans should deal with their own business and should defend their own country, not for us Zimbabweans to make a voice for them. We know we are Africans but –
- SPEAKER: Order! I thought you stood up to support the motion.
- MUSANHI: I am supporting to pay our condolences to the people of Kenya that have been killed but I am not supporting the motion as it was raised.
Mr. Speaker, like Hon. Matangira said, the movers of this motion are not trustworthy people – [HON. MEMBERS: Inaudible
interjections.].
- SPEAKER: Order! Can the hon. member repeat what he
said?
- MUSANHI: I repeat to say we should send our condolences to the dead people of Kenya. – [HON. MEMBERS: Inaudible interjections]. We cannot –
- SPEAKER: Hon. member, do you withdraw what you said
earlier on?
- MUSANHI: Withdrawn Mr. Speaker Sir.
- SPEAKER: Thank you. Carry on.
- MUSANHI: In conclusion Mr. Speaker, I would like to urge all Zimbabweans to try and be united in whatever we are doing so that we do one thing as a country and not look at the person who has moved a motion and condemn the motion.
- A. NDHLOVU: I would like to add my voice to this motion moved by Dr. G. Moyo and thank him for denouncing such devilish acts of terrorism done or perpetrated by the detractors of Kenya on the 21st
September, 2013 at the Westgate Mall in Nairobi.
Mr. Speaker Sir, the right to life is a universal human right as clearly outlined by the 1948 United Nations Declaration on the rights of all human beings and as such, it must be respected and no single person can butcher people, whether they are innocent or guilty. Everyone has a right to life. I therefore condemn this act of terrorism in the strongest possible terms and I say to the victims, rest in eternal peace. I extend my condolences to the victims’ families and solidarity to the people of Kenya as they are our brothers and sisters.
Terrorism is a type of war just like what some people refer to as restrictive measures in fear of calling them what they are, sanctions. Sanctions and terrorism are weapons of imperialism and they need to be denounced and should never be tolerated at all cost – [HON.
MEMBERS: Hear, hear.]. As we all may be aware, the major victims of conflict are women and the children.
Conflict is fertile ground for neo-colonialism. The act which happened in Kenya, Mr. Speaker Sir, clearly indicates that none of us as
Africans are safe. All of us are under siege from neo-colonialism. We all know the work done by economic hit-man. We all know, Mr. Speaker
Sir, as the previous speaker mentioned that the imperialists’ preferred candidate did not make it. We all know that Raila Odinga was the preferred candidate and therefore, these are efforts to destabilise
President Uhuru Kenyatta’s Government and they should be denounced – [HON. MEMBERS: Hear, hear.].
Mr. Speaker Sir, allow me to say that as a country, and as a region, we need to be on guard and ensure that our security is on course and watch out for any such type of terrorist attacks. September, Mr. Speaker Sir, seems to be the month for terrorism, whether here or in the Americas where some of these terrorist attacks emanate from. So we need to be very alert.
Mr. Speaker Sir, I want to urge President Uhuru Kenyatta’s Government to stay focused and not be moved by such efforts to destabilise his country, which efforts I will suspect were actually –a case study which the imperialists want to repeat in SADC and we know exactly where the imperialists are targeting. All of us need to be united in denouncing such activities because terrorism does not discriminate. It does not matter who you are. It does not matter if you are aligned to the people who are bringing that terrorism to you or not. All of us are vulnerable and as such, we must be united and denounce such acts.
As I stand in solidarity with the people of Kenya, Mr. Speaker Sir, I want to denounce the acts of terrorism we witnessed a week ago in our own country where the ZANU PF office in Highfield was petrol bombed. That is terrorism and this happening a week after terrorist attacks in Nairobi, should never be taken lightly.
I want to conclude by thanking His Excellency the President for calling on all of us to be united and find strength in our diversity and be able to tolerate one another as we differ and make sure that we are united in defence of our sovereignty and territorial integrity.
I will conclude, Mr. Speaker Sir, by saying that Africa defeated these imperialists through the decolonisation process. Africa is controlling her resources and this does not please the semi-imperialists.
They therefore want to destabilise the whole continent so that they are in control of the resources which they desperately need. This is done through such acts of terrorism and we need to be on guard.
Mr. Speaker Sir, I want to thank you for allowing me this opportunity to extend my condolences to the victims’ families and solidarity with the people of Kenya. I agree with other hon. members who debated on this motion in a progressive manner that we indeed need to probably sign the Book of Condolences at the Kenyan Embassy in Harare. I thank you Mr. Speaker. Long live Africa, long live Kenya and long live Zimbabwe. I thank you.
THE MINISTER OF STATE FOR HARARE
METROPOLITAN (MRS. CHIKUKWA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 15th October, 2013.
On the motion of THE MINISTER OF STATE FOR HARARE
METROPOLITAN, the House adjourned at Half past Four o’clock
p.m. until Tuesday, 15th October, 2013.
PARLIAMENT OF ZIMBABWE
Tuesday, 4th May, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENT BY MR. SPEAKER
PRIME MINISTER’S QUESTION TIME
- SPEAKER: I would like to inform the House that there will
th June, 2013 at Quarter be Prime Minister’s Question Time tomorrow, 5 past Two in the afternoon.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Mr. Speaker Sir, I move that Orders
of the Day, Nos. 1 to 3 be stood over until the rest of the Orders of the
Day have been disposed of.
Motion put and agreed to.
MOTION
SPECIAL REPORT OF THE PORTFOLIO COMMITTEE ON
LOCAL GOVERNEMENT, RURAL AND URBAN DEVELOPMENT
ON LOCAL AUTHORITIES
- KARENYI: I move the motion standing in my name that this House takes note of the Special Report of the Portfolio Committee on Local Government on local authorities.
- MUDAU: I second.
- KARENYI:
1.0INTRODUCTION
1.1 In its oversight function your Committee invited the Hon.
Minister of Local Government Rural and Urban Development Dr Ignatious Morgan Chiminya Chombo to apprise the Members on the mayors and councillors that he had dismissed from Office and to further state from which town they belonged to and to give reasons for such dismissals. Furthermore, your Committee requested for submissions from the Secretary of the Ministry seeking clarification on the status of such councillors. Your Committee was concerned that the dismissals impacted very negatively on the Local Authorities’ ability to provide quality service to the people in the affected localities.
2.0 METHODOLOGY
2.1 The Hon Minister gave a detailed submission on the affected localities starting with Harare. Your Committee proceeded to consider the Hon Minister's evidence.
- Harare City Council
In its examination of the responses by the Hon. Minister on cases of mismanagement within local authorities, your Committee heard of cases within the Harare City Council where a Councillor H Gomba was implicated and had to be subsequently dismissed. The Hon Minister said in arriving at the decision taken against Councillor. H. Gomba, the appropriate Section of the Urban Councils' Act 114:1 (c) and (d) was used.
- The Hon Minister disclosed that some councillors in Harare had worked in cahoots with Council Officials and altered names of people who had been residing in their homes during the past 40-50 years and replaced them with their names instead. The reason was anticipation that the houses would be sold to the sitting tenants and these were determined by rentals, rates and electricity bills. Such councillors, the Hon. Minister alleged, wanted to take advantage of the situation as was reported in the Press. The suspects were given a chance to defend themselves but they could not extricate themselves out of the situation.
The accused included:- S. Machetu - dismissed Gorekore - dismissed
Mbadzi - pardoned
Zaranyika - dismissed
Takura - dismissed for being dishonest with Council funds
Dumba - dishonest with Council funds and dismissed
Vengesai - dishonest with Council property, involved in improper procurement of goods and was suspended.
Katsande - reinstated but he was later dismissed.
- In the case of Councillor Machetu and others listed above, your Committee observed that the Hon. Minister dismissed them despite the court judgement exonerating them of any wrong doing. The High Court, in its Judgement HC 1067 of 2011, ordered their reinstatement as councillors citing that the decision to dismiss them was grossly unreasonable. Your Committee wondered why the Minister applied the law selectively in view of the fact that the Court had set aside the dismissal of these Councillors and at the same time, the Hon Minister pardoned others who had committed similar offences.
- Chitungwiza Town Council
- Councillor P. Marange was convicted of criminal abuse of office as a public servant and found guilty of corrupt practices. He was sentenced to three years. Provision of the Act Section 41, paragraph 7 was invoked. The conviction automatically disqualified him as a councillor. In evidence before your committee, the Hon. Minister also stated that in the matter involving Councillor Vengesai, the charge was that he created a company with another council official and awarded Council tenders to their company.
- Councillor Kanyama was alleged to have criminally abused his office as a public servant by unprocedurally allocating himself Zengeza 3 Creche Stand No. 7210 Unit J and Stand No. 7687. The said stand was a creche yard and a creche structure was set up. The rest of the area was a playground. Kanyama is alleged to have built his house right in the middle of the playground and proceeded to possess another Stand in the corner which he then gave to his brother. After one and a half years, Mr. Kanyama appealed against his dismissal claiming that it was unprocedural.
- The Hon. Minister informed your Committee that he had suspended two special interest councillors that he had appointed for nonperformance. On the whole, the Hon. Minister disclosed that the said Councillors were conniving with council officials in avoiding tender procedures. As a result, they awarded tenders to themselves and their companies, something which was not authorised by Council. The Hon. Minister stressed that as a result of abuse of office by the councillors, he had no alternative but to dismiss them. The Hon. Minister laid the blame squarely on the Harare Mayor for having allowed such cases of impropriety to flourish within the City Council.
- Councillor Mr. D. Puzo was accused of mismanagement of Council Affairs and Section 114 (1c) and (1d) of the Act was invoked while investigations were in course. A similar charge was laid against
Councillor P. Keru who was subsequently suspended.
- LOCAL AUTHORITIES OUTSIDE HARARE
- The Hon. Minister further chronicled other cases of corruption within other Councils. These cases all related to mismanagement of
Council property and Council Affairs. The following Councillors from
Rusape were all dismissed for these offences:-
Councillor Gomana
Councillor Pambuleni
Councillor Mberikunashe
Councillor Chisomboti
Councillor Chipere
- In Bindura, similar cases of mismanagement of Council property and Council Affairs were reported. All the following
Councillors, except Councillor Muchemwa, were dismissed:-
Councillor Wakatama
Councillor Mazembe
Councillor Madamombe
- In Chinhoyi, the Ministry officials informed your Committee that Councillors were suspended for various acts of misconduct. The
Hon Minister said that Mayor Nyamhondoro, with his Deputy Mayor, Councillor Nyambi and Councillor Charuza were involved in the mismanagement of Council property and Council affairs. The Hon.
Minister said, “...vaida kuita utsotsi hwetender”. The suspects were suspended while awaiting investigations from the Court.
- Other cases of abuse of property and mismanagement of Council affairs and flouting of tender procedures and behaviour bordering on racial segregation in the City of Mutare were reported by the Hon. Minister. The cases of corruption and abuse of office also included among others, the following:-
Councillor I Masaka - the Deputy Mayor for driving without a licence and being involved in an accident with the Mayoral S – Class
Benz which was worth Z$2 610 134 440, 00 when purchased in 2004. The prejudice to the Mutare City Council could not be ascertained as the vehicle remained unrepaired. However, as of the end of April 2012 repairs to the vehicle were quoted at US$26 000 and US$13 000 respectively.
Councillor E. Upare –for mismanagement of Council Affairs and tender of Public Finance Investment Programme (PFIP) funds, he was acquitted by the courts but was subsequently dismissed. Investigations were said to be underway as more Councils have been implicated in similar cases of mismanagement of their affairs and tender of Public Finance Investment Programme (PFIP) funds.
He was dismissed but investigations are yet to be concluded as there are other Councillors that have also been implicated.
In the case of Brian James the Hon. Minister stated that as a white member of the society, he did not want collective decision making. He had held meetings with the Ministry before and had been warned or sanctioned on five previous occasions. However, he had not taken heed of the warnings and had proceeded to contract some other white colleague at an exorbitant cost to the Council. The Council had been advised by the Ministry to refrain from engaging in activities that drained its coffers. A sum of $600 000 of Council funds had been extravagantly abused leading to Brian James Being forced to unceremoniously resign. However, he bounced back purporting to be coming to conclude what he had started. Brian James was allegedly unfair and abusive to his colleagues. The Hon. Minister was later approached by the Council to dismiss him. However, this has not yet been done as he still remains under suspension.
4.0 RURAL DISTRICT COUNCILS
4.1 The Rural District Councils had also not been spared the scourge of corruption and abuse of office by some of their Councillors. In the Manyame Rural District Council, C Manhombo was allegedly burning down people’s houses and misusing Council funds from sales of pit sand. He was initially dismissed but later on reinstated on the belief that he had turned over a new leaf. Your Committee is extremely concerned that the matter has not been appropriately dealt with as burning other people's properties is a clear criminal case of arson which should have been referred to relevant authorities. Furthermore, your Committee is concerned at the abuse of Council funds which seemed to have been going on unabated
4.2 In the Mutasa Rural District Council, cases of abuse of office, theft of food meant for the ill patients in Ward 10 and fraud by Councillors O Mbona and M Nyangani were reported by the Hon.
Minister. Both of them were dismissed.
4.3 In the Rushinga Rural District, a Councillor Kanyama was found guilty of mismanagement of tenders. He was reprimanded and dismissed.
4.4 In the Wedza Rural District, Councillor S Mapako was responsible for the mismanagement of Council Affairs. He was reprimanded and stood down as Council chairperson.
4.5 Cases of abuse of tender processes were also reported in the
Gutu Rural district Council where a D. N. Jinga was reprimanded.
All the cases reported were committed by individuals without any resolutions from the Council. The Hon. Minister said, “They did not do this with the authorisation of the Council”.
5.0 OBSERVATIONS
5.1 Your Committee noted with concern, administrative lapses and discrepancies within Local Councils as exercised by the Hon Minister.
These included interference in the awarding of tenders in the Local Authority of Chinhoyi.
5.2 Your Committee further noted that an arsonist was not charged despite the malicious damage to people's properties.
5.3 Furthermore, there seemed to be selective application of the law when dealing with cases of misconduct by Councillors. For example, your Committee could not comprehend the logic of imposing different disciplinary measures for similar offences by Councillors in the same Ministry. Some were dismissed and others were pardoned, cautioned or suspended for exactly the same offences.
5.4 Your Committee was disturbed that a number of commissions were appointed to conduct investigations on Councils by civil servants who earn a salary at the end of the month and also draw a lot of money from the local authorities as they carry out their investigations.
Your Committee was also concerned at the Minister's disregard for the laws of the country by dismissing councillors who had been acquitted by the Courts, Councillor Machetu and three others are a case in point.
5.5 Your Committee also observed that the Hon Minister seemed to be confusing criminal offences with Council issues.
5.6 The appointment of Special Interest Councillors to serve in the various local authorities left a lot to be desired. The Minister alluded to the fact that different political parties could present their candidates to be considered as Special Interest Councillors in the various Councils. However, the Hon Minister did not inform the Political Parties which special interests their parties would represent. The majority of the
Special Interest Councillors did not bring in any special interest to the
Councils. Instead the Special Interest Councillors appointed by the Minister to represent special interest groups in different local authorities come from one party. The following appointments of Special Interest
Councillors are a typical example:-
Chegutu Municipality
Martin Zimani, former Zanu.PF Mayor who lost ward 12 Zanu.PF primaries.
Chasauka, former Deputy Mayor who lost Ward primaries to MDC Councillor Edias Ticharwa.
Ms. Chahwanda lost Zanu.PF primaries.
Mutare Municipality
Esau Mupfumi, Zanu.PF Central Committee member who lost Mutare Senatorial seat to the MDC.
Misheck Mugadza, a former commissioner of Mutare appointed after the sacking of MDC Mayor Misheck Kagurabadza.
Tapiwa Matangaidze, Zanu.PF provincial secretary for transport in Manicaland Province.
Harare Municipality
Torongo Hieronymo, Zanu P.F Secretary for Harare Provincial
Kuchekwa Kizito, losing Zanu PF candidate for High field West in the Parliamentary election.
Ushewekunze Abicia T
Magwalaba Thembinkosi, a ZANU PF sympathetic lawyer
Nyachowe Charles Chairperson of AAG
Sasha Jogi
Allana Hanif Moosa
Mainos Mudukuti
Shingai I Mutumbwa
Marufu Lisbon, Loosing Zanu.PF candidate in Chitungwiza
Tom S Alfred
Makoni Rural District Council
Monica Chinamasa, Wife of Patrick Chinamasa, ZANU PF
Politburo member and Minister in the Inclusive Government.
Chief Chipunza
Chief Makoni
Chief Chuduku who is also a Senator.
Chief Chikore
Doctor Zata
Buhera Rural District Council
Pasipanodya Chiturike lost Ward 8 to MDC’s Peter Madzivenyika
Henry Kujinga who lost Ward 23 to MDC’s Tongesai Zvavamwe
Nelson Mahamba
Abigail Musarurwa a ZANU PF women’s league activist in the
Province
Desmond Ncube
Chief Makumbe
Chief Nyashanu
Chief Chamutsa
Zvimba Rural District Council
Peter Nyizira, Former ZANU PF councillor who lost Ward 23 to
MDC’s Emmanuel Chinanzvavana
Lancelot Zviringwe lost in Ward 22 ZANU PF to Fani Tempo
Gokwe Town Council
Davison Masvisvi ZANU PF District Chairman for Gokwe centre who lost Ward 5 to MDCs Liphius Mutegwe
Jefrey Runzirai
5.7 That there is need to investigate the behaviour of the councillors on one hand and the Hon Minister`s way of handling issues in the ministry.
5.8 Your Committee wondered as to the special interest represented by the Chiefs. It was surprising how a chief could be a councillor at the same time and your Committee strongly feels that these are anomalous situations that need to be redressed.
6.0 RECOMMENDATIONS
6.1 Your Committee is also concerned that cases of maladministration within councils seriously undermine service delivery within the local authorities and therefore recommends the following:- (a) That the Minister practice professionalism in the administration of Council affairs by ensuring that the law is not applied selectively.
(b) That Special Interest Councillors should truly represent interests of special groups in their various local authorities regardless of their political affiliations.
(c)that in the interest of justice, transparency and integrity the Hon. Minister should seriously consider the interest of the people by ensuring that they are not served by dysfunctional local authorities and that those acquitted by the Courts are reinstated as a matter of urgency.
(d) That due tender processes must be complied with in the case of all local authorities.
- That in the interests of true representation in Councils, Chiefs numbers must be limited.
- That continuous training of Councillors should be ongoing so that the councillors understand the operation vis-a-vis the council
- That mechanisms, should be reinstated as ordered by the committee.
7.0 CONCLUSION
7.1Your Committee is of the considered view that the Ministry would scrutinise this report and come up with remedial action which will enhance service delivery and operations of the local authorities country wide.
- CHEBUNDO: Thank you Mr. Speaker for affording me the
opportunity to contribute to this important report by your Committee. I do not belong to this Committee but I found the report to be very much interesting and important that I need to add my voice.
Given the importance of the lower tier level of Government, the local Government, I believe hon. members will agree with me that there is need for us as a country to be serious when it comes to putting arrangements that facilitate the good management of the lower tier level of our Government. This is especially important for development and therefore, its management in my view, both at ministerial level and at the lower tier level, needs to be put in such a good arrangement. A thing that has been raised by the Committee should not be seen to be obtaining on the ground again.
The first point Mr. Speaker is that, our hon. minister, who the report is addressing after giving evidence to the Committee, in my view I want to thank the Committee first and foremost, for bringing the minister to the table. The minister is known for absenting himself from Parliament. You will agree with me that for the past whole term, Parliament has been seized with questions put forward for the minister but he was not turning up. Members were concerned and at several meetings that issue was raised? So, for the Minister to have come before the Committee, I think we want to thank the Committee for achieving
that.
The second thing is that, there are quite a number of issues that came out. I will quickly think along the lines on the fact that in the local Government laws or Acts, they are known everywhere that they give so much powers to the minister. He ends up, in my view, doing the things that have been mentioned here such as the way he handles the issues of corrupt councillors and councils. The Committee discovered that he managed to handle several of these cases selectively. Some seem to have been pardoned and others seem to have been left to go off the hook even after the courts found them wanting in terms of their dealings.
One would quickly look at the issues along the political lines. As mentioned in the report, the minister in my view, was biased because he would go for councillors, for example, for the party of excellence. MDC councillors who were found wanting by his party in Chitungwiza and were fired for corrupt activities, the minister would come to their protection. But, at the same time if you go to the councillors that have been mentioned by the Committee who belonged to ZANU PF, even where the courts have found them guilty, the minister will still pardon them or reinstate them.
That alone is an indication of the kind of a minister, who in my view, did not do or perform well regarding the management of the sector ministry itself. Mr. Speaker Sir, when I read in the papers in the past, when the print media was trying to rank the ministers according to their performance for the past term of office, I wonder why Minister Chombo was not put at the top most of the worst performing ministers? That is, in view of all these things that are now coming out of the reports and we know he performed along those lines.
Mr. Speaker, I have a case of corruption from my constituency. The Finance Director of Kwekwe Municipality was proved by the local governing body and by his council to have abused more than $230 000. There was glare evidence being put across and the council decided after making some enquiries to dismiss such a corrupt person. The Finance Director entrusted with the money of the community, abused them and the council decided to dismiss him. The local governing body which is in the Urban Councils Act and has powers similar to those of courts, found him guilty and dismissed him. Then, the minister would bring back the Finance Director simply because he was in the structures of
ZANU PF at provincial level.
If it was not for the intervention of this Member of Parliament and communities of Kwekwe who took the minister to the High Court, that Director would have been reinstated. But finally, of course we stood our ground at the High Court and paved the way for the dismissal of that corrupt person. That is again one of the examples of how the minister handled issues of corruption with selective approach which has been alluded to by the Committee. I think I will continue to say the minister was the worst performer in terms of making sure that the sector Ministry was run professionally and without interference.
Mr. Speaker, the issue of special interest councilors has been actually alluded to by the Committee. I think it is one area that I just want to share with the hon.members that you did a very good job by bringing in a Constitution that brought devolution. With devolution, it means some kind of more democratisation of processes that manage local government to ensure that people will participate with less interference from those who would have been appointed to run the ministries. In my view, that will facilitate for more development to be achieved in this country because development starts at the lower level of Government tier and this is the local government level. So, one would want to give credit to Parliament of Zimbabwe and credit to people of Zimbabwe for coming up with a Constitution that will put paid to arrangements like the one that was there which gives the minister unlimited powers to abuse public and local government.
I want to thank you, Mr. Speaker Sir, for giving me this time to add my voice along the lines of the important report presented to your Parliament by your very able Committee led by Hon. Karenyi.
- S. MUSHONGA: In Mazowe Rural District Council, the councilors in the Tender Committee awarded tenders to themselves. They were arrested, they are under prosecution and there is no suspension. The Chief Executive Officer who approved this award of tenders to sitting councilors who are members of the Tender Committee is under prosecution and he has never been suspended.
We have raised this with the minister but we know why they are not being suspended. They belong to a certain political party. If this scenario was operational in Harare or Bulawayo, I can rest assure you that these councilors would be suspended or dismissed. We are not talking of issues which have happened now; this is something which has happened before 2008, which is in court. Nothing is being done because there is always a blind eye turned to some corrupt activities by councilors who belong to a certain political party.
We want the minister when he is exercising his ministerial powers to act across the political divide. We want the Minister of Local Government not to entertain any corruption in councils. It is very unfortunate that because of this selective application of the law or attitude of the minister, it is helping to breed corruption.
Most Rural District Councils are working to pay themselves official salaries. There is no development in Rural District Councils. It is very unfortunate and we want to urge the minister, hopefully that after the 29th of June we have an election and a new minister who will probably go by the book and who will apply the law without any fear or favour.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: May I move that Order of the Day, Number 5 be stood down until all the other Orders of the Day have been disposed of. Whilst I am on my feet, may I move that Order of the Day Number 2 which had been stood down earlier on be dealt with?
Motion put and agreed to.
MOTION
FIRST REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON
THE REPORT OF THE COMPTROLLER AND AUDITOR
GENERAL ON THE MANAGEMENT OF DAM PROJECTS BY THE
ZIMBABWE NATIONAL WATER AUTHORITY
- CHINYADZA: I move the motion standing in my name that
this House takes note of the First Report of the Public Accounts
Committee on the Report of the Comptroller and Auditor General on the Management of Dam Projects by the Zimbabwe National Water Authority.
- S. MUSHONGA: I second.
- CHINYADZA: I rise to present the First Report of the Public
Accounts Committee on the report of the Comptroller and Auditor General on the management of dam construction and water supply projects by the Zimbabwe National Water Authority code named ZINWA.
The report was presented to Parliament in February 2013 and it is my fervent hope that all members of this august House have had ample time to go through our report and are prepared to vigorously debate the findings of this for the good governance of Zimbabwe and an enhanced service delivery by the parastatal. Accordingly, I will summarise the findings of the Committee and hope that members of the House will pick up the pieces in the debate of this invaluable service provider in our nation.
Objectives
The examination of the ZINWA Audit Report by the Public Accounts Committee was motivated by the following twin objectives:
- i) To provide an in-depth analysis of the CAG’s audit findings and to expose the underlying causes and issues circumscribing poor service delivery by ZINWA and ii) To recommend appropriate corrective action which may facilitate the implementation of efficient and effective management tools on dam construction and water supply projects by ZINWA.
Methodology
In evolving its recommendations the Public Accounts Committee received oral and written submissions from ZINWA itself, State
Procurement Board, Infrastructural Development Bank, Zimbabwe Institute of Engineers and also the private contractors who were contracted to undertake dam construction and water supply projects under the management of ZINWA.
Findings
- Projects taking too long to be completed
The audit found out that between 2004 and 2009 ZINWA was managing 14 dam projects and at the time of audit all had exceeded their target dates of completion by periods ranging from one to six years and only 3 were near completion (viz Matezva 99%, BubiLupane 65% and Tokwe Mukorsi 60%).
These unacceptable delays were predicated on four factors:
- Inability to prioritise projects
- Incompetence of contractors
- Payment problems to contractors
- Scarcity of technical skills to monitor project implementation.
The consequences of these horrendous delays not only reflected themselves in the fettered service delivery and hence lost decades of socio-economic development to ordinary Zimbabweans, but also stultifying increases in project costs relating to interest costs, penalties, stand-in time for machinery and inflation.
- Failure to Select Competent Contractors
Written submissions availed to the Committee shows that the slow progress at Mutange Dam currently at 32% completion was attributed to lack of adequate capacity of the main contractor, New Civils, who has since sub-contracted its work to Multi force. The project commenced in 2002 and was targeted for completion in December 2013.
The major problem which is exacerbating the failure to select competent contractors is the inadequate legal provisions which fail to confer the ultimate responsibility of choice of contractors between the State Procurement Board and ZINWA. The SPB is responsible for only the adjudication of tenders but not implementation which is done by ZINWA. The problem arises when the SPB opts for a tenderer who has no discerned capacity and deems that its responsibility ends there, yet ZINWA would have recommended differently. The result is that contractors who have a poor record with ZINWA continue to be awarded contracts by SPB. This compromises the project implementation.
AWARDING TOO MANY CONTRACTS TO ONE COMPANY
Audit revealed that contracts were being awarded to companies already working on other projects regardless of how well they were performing on projects already in-house.
DELAYS IN PAYMENT OF WORK DONE
Numerous projects were experiencing work stoppages ranging from 8 – 11 months due to non-payment of work done. As a result, contractors experience serious cash flow problems as Treasury fails to pay as promised.
IN HOUSE PROJECTS FOR WATER SUPPLY
The audit revealed that most water supply stations and pump houses were NOT adequately equipped. It was observed that ZINWA inherited 500 which needed rehabilitation but was NOT allocated the requisite funds to make these operational. Some of these pumps were over 20 years old and could not be rehabilitated and hence needed funds to acquire new pumps, which funds were not made available. Compounding this funds problem is the resistance ZINWA is getting from consumers who are reluctant to pay for the service provided. By 6 June 2012, ZINWA was owed over $100 million with the main debtors being irrigators/farmers, domestic consumers, local authorities and government.
RECOMMENDATIONS OF COMMITTEE
Having made the observations referred in this report, the PAC made the following recommendations:
- In order to facilitate project completion, the Committee recommends that the ministry and Parliament should concentrate only on projects which can be completed with the resources available in a given time frame. Projects of national priority but without adequate funding should be considered under other financing options such as PPPs, Build, Operate and Transfer (BOPT); and Build, Own, Operate and Transfer (BOOT).
- With regards to selection of incompetent contractors, the Committees sees no role for corruption in the awarding of contracts and therefore recommends that competence should be the funding principle in awarding contracts;
- With regards the Problem of awarding too many contracts to one company, the Committee recommends that ZINWA and SPB, should award contracts only to companies that are financially sound and have the requisite skills and equipment to implement the projects within the stipulated time frame;
- The committee observed that there are a number of dams throughout the country whose water is NOT fully utilized due to lack of infrastructure to ferry the water to the point of use. In this context the Committee recommends that ZINWA should accord the highest priority to projects which distribute the water so harnessed to point of use. Accordingly, their project planning should include all stages from water harnessing, water distribution and billing;
- With respect to funding problems in ZINWA, the Committee DOES NOT condone a situation where Government sets up a parastatal but does not allocate it sufficient funds to enable it to meet its mandate. In this context, water is a matter of life for all people in Zimbabwe and this service cannot be left to the highly incapacitated parastatal to perform to MDG targets without adequate funding. Hence Treasury, as a matter of priority, allocates sufficient funds for ZINWA to procure the pumps it needs;
- Finally, water charges are not in tandem with usage levels. Accordingly, ZINWA should put in place a billing system that is linked to actual use and the opportunity cost of water. Further ZINWA should diversify its revenue base by exploring other cash generating services in the resources they operate. I thank you Mr.
Speaker.
- CROSS: I rise to speak to this particular motion because it is very important. I recently had an opportunity to look at two projects being managed by ZIMRA. One of them is Tokwe-Mukorsi and the other one is the Mtshabezi. In the case of Tokwe-Mukorsi, the Budget and Finance Committee went to the site in the afternoon at 3.00 p.m. The engineer in charge of the projects from ZIMRA was in an air conditioned office with his shirt off and surrounded by empty beer bottles.
No other members of ZIMRA were on site. They had already left for the weekend. We then proceeded to inspect the actual site. Mr. Speaker, I have been in business for nearly 50 years. I have never seen a construction site in such a mess. The foreign constructors on site, one engineer from Sulini said they were doing this on site but every house was based there. This project was initiated in 1998 – 1999 as a joint venture with the sugar companies in the Low veldt. At the same time, sugar companies offered to build this dam in return for access to the water for expansion purposes.
That offer was turned down by the state and the Ministry of Water was given the responsibility of draping this dam. This dam has now cost three times its original estimated cost and it remains 60% complete. We are now entering into a phase which is extremely critical, that it is the largest dam in Zimbabwe after Kariba. It will be five times the size of Kyle. It is a big dam with a huge wall. The wall is nearing 90 metres high. It is being constructed on a rock fall basis which means that the concrete slab which is cast in the front of the dam, will determine its impermeability. When the contractor starts sealing the river which he has started to work on, I understand that the river has been coursed off now and the water has been diverted to the tunnel. They are entering into a phase where the work cannot stop. Once you start pouring concrete, you have to continue until it is completed day and night. This is essentially a function of availability of funding.
Mr. Speaker, if the country does not have the resources and you have allocated US$50 million to Tokwe-Mukorsi in this current year, if the country does not have the resources to fund such projects properly, then we should borrow the money on a short-term basis and make sure that the contractor has adequate resources and until the project is complete. I want to inform the House Mr. Speaker that, if there is any interruption in the pouring of concrete at Tokwe-Mukorsi, it will put the entire project in jeopardy.
We may have spent about US$120 million or US$150 million on real estate which we were going to think was going to be flooded and then it will destroy most of the wall because of dam breaks. This is not saying that this is not hypothetical, this is a reality. In addition to this Mr. Speaker, it is critically important that we have these projects supervised properly by professional engineering firms. It is a common practice in this country that when a project of this magnitude is undertaken, a professional firm is paid on commission basis to supervise the tendering, supervise the contraction and in the end being satisfied that the work is being done to the satisfaction of the contractor. In this case we have ZINWA supervising the contractor and ZINWA is incapable of performing that function that is the reality. They do not have the skills, they do not have the experience and they simply do not have the capacity to supervise a sophisticated contractor like Celine from Italy. This is extremely dangerous. This is a very serious issue.
The second project is the Mtshabezi Project. Mtshabezi dam has about 52 million cubic meters of water in it. It has not been empty since it was constructed and the dam was closed. Bulawayo is once again facing a critical water shortage. Already Ncema dam has been decommissioned. Next will be the Nyanguni Dam followed by lower Ncema and then Umzingwane.
The position in Bulawayo today is worse at this time than it was last year. We face a situation in Bulawayo where if nothing is being done urgently about this situation, Bulawayo is not going to be able to provide the basic needs of its people by the end of this year, by October. We need 100 000 cubic meters of water a day in Bulawayo to meet basic minimum needs and that is 30% less than water we need at full supply. At 100 000 cubic meters a day much of Bulawayo high density townships are without water and are supplied by a tanker or by boreholes. In the face of this, ZINWA was given authority to proceed with a pipeline project from Mtshabezi Dam to Umzingwane, some 32 kilometers. They awarded the contract to a Chinese company. This was not funded with Chinese money, it was funded with our money, allocated by this House, initially in a grant of US$35 million. I can tell you that that is a very, very huge contract. The company completed the project but we had to allocate it more money. We gave it another US$5 million. In October last year, they completed the two pipelines and in opposition to what our local engineering firm had recommended, it had recommended cement pipes. They installed two plastic pipes. The plastic imported from South Africa. The Chinese contractor completed the pump station and the Minister of Water went to the site to open the project on the 24th October, 2012. He found the project completed. He went into the pump station and he asked how to turn on the pumps to see if they were operational and he was informed Mr. Minister, there is no electricity. This is true, the Minister then returned to Harare and phoned his colleague in the Ministry of Energy and said what can you do?
ZESA brought a power line to Mtshabezi 72 kilometers from Gwanda and he did this in six weeks.
This shows utter incompetence on the part of ZINWA. Here we have got a project which has cost US$40 million and the situation is that last month Mtshabezi was delivering between three and five thousand cubic meters of water a day to Bulawayo. The design capacity of the system is 17 000 cubic meters of water per day. So, they are operating at 30% of design capacity, no explanations were given nor the reasons on why it is not performing, the contractor is now here on sight.
Now if you just take these two projects, I do not understand, if you take the Aquifer project to most of Bulawayo which has a design capacity on two Aquifers to provide like 20 000 cubic meters of water a day to Bulawayo. It is supplying between 1 000 and 2 000 cubic meters of water a day. It is operating at less than two percent capacity. We have spent US$5 million there in the last six months without any improvement in performance. We have refurbished the Aquifer system not less than four times in the last ten years. Every time there is a crisis, we put more money in. It is managed by ZINWA. The Minister refuses to pass the management to the Bulawayo City Council which at least has some competence.
Mr. Speaker, how much longer are we going to go on tolerating this kind of incompetence? The fundamental principle is that any project worth more than US$5 million should have a professional consulting engineer appointed to manage the project. He should report to the Ministry of Water and to ZINWA if it is necessary and ZINWA will still be the financing agent but they do not have the competence. They cannot afford the competence of the kind of people who should be looking after these projects on our behalf. This is an extremely important motion and I hope that the other hon. members in the House will support this in the strongest possible terms. Thank you.
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS: I move that the debate do now
adjourned.
Motion put and agreed to.
Debate to resume: Wednesday, 5th June, 2013.
On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Twenty
Four Minutes past Three o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 5th June, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENT BY MR. SPEAKER
PRIME MINISTER’S QUESTION TIME
- SPEAKER: I have to inform the House that the Prime
Minister’s Question Time has been postponed to a later date to be advised.
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
- MADZIMURE: My question is directed to the Minister of Economic Planning and Investment Promotion. Hon Minister can you update the House on the progress of the effectiveness of the one-stop shop for investment whether it has worked in the positive to attract more investment? If it has not, what could be the reasons for failure?
THE MINISTER OF ECONOMIC PLANNING AND
INVESTMENT PROMOTION (DR. MASHAKADA): I want to
thank the hon. member for asking this very pertinent question regarding the improvement of the investment climate in the country. I can confirm that in 2010, the Government established a one-stop investment centre whose objectives were to try and expedite investment applications and issuance of licences and investment permits.
Previously, it would take 49 days for an investor to get a license. So we tried to establish a one-stop centre so that we could reduce the turnaround time from 49 days to five working days. We managed to achieve this by putting under one roof, eight Government departments that would facilitate the processing of investment applications. These departments include the Registrar of Companies, Department of Taxes which is ZIMRA, the indigenisation desk, the Environment Management Agency and other departments that have something to do with the facilitation of investment. I can confirm that because of this arrangement, it now takes only five working days for an investor to get an investor licence whereas previously like I said, it used to take 49 days.
The challenge still lies in the sense that all these departments that I referred to, that were put under the one-stop shop centre have had the tendency to still want to refer applications to their parent ministries or to their parent departments. This defeats the whole concept of a one-stop shop centre if one is going to rivet to the head office or headquarters instead of making decisions right away. What we are working on is a law that will compel those assigned officers to process or make decisions on investment application rather than refer the applications back.
The other thing we are trying to do is to digitalise the one-stop shop centre so that all application forms offered by these departments can be uploaded electronically and that investment applications can be done from the one-stop shop centre rather than going back to the parent ministry.
- CHINYADZA: I just wanted to find out since the Minister referred to conditions of doing business, where are we, with respect to the investment climate as compared to other countries in the world?
- MASHAKADA: When it comes to the assessment of doing business in Zimbabwe, we depend on the World Bank ease of doing business surveys as well as the World Economic Forum competitiveness indices and the United Nations Conference on Trade and Development indicators on the ease of doing business. I can say that when it comes to the World Bank ranking, we are still rated very poorly in terms of our ease of doing business. When it comes to World Economic Forum indices, they still rate us very poorly in terms of our ease of doing business. We are responding to those indices to make sure that we improve our doing business in Zimbabwe.
We have engaged COMESA to assist us in unlocking our investment climate and address those challenges that make us not fare very well in rankings by these international bodies. One of the key issue which was raised is the question of indigenisation. Most investors are very risk averse and they do not want 51% to be seeded. There is still a challenge when it comes to that legislation. The other area which also makes us very difficult as an investment destination is on our visa regime. Most investors consider that it takes quite long to issue visas and that hampers their free entry into the country. There are other laws, like the Environmental Management Laws which also makes it very difficult to do business. For example, EMA would say for every investment project that has been approved, they would claim 10%. That is really hurting investors because suppose an investor puts $100 million worth of investment and then you take 10%. It really, from the onset, affects his investment. We are still trying to address these challenges so that we become a friendly investment destination. If you look at other African countries, they are way ahead of us in terms FDI attraction.
Mozambique is now receiving FDI worth $2 billion annually. Zambia,
$1 billion annually, South Africa, $5 billion and Angola, $4 billion; but Zimbabwe is still around $400 million to $600 million. So, we are still lagging behind when it comes to the attraction of investment; but we have got all the resources and all the opportunities in all the sectors that we will need to tape FDI. It is our doing business culture which is inhibiting investors from doing business in Zimbabwe.
I can say, despite these difficulties, we still have got more investors coming from China. In fact, China’s FDI in Zimbabwe now stands at $600 million per annum and the trade between China and Zimbabwe now stands at a billion United States dollars. So, China over the years has become the first choice of FDI partner when it comes to investing in Zimbabwe. South Africa is also leading the perk in terms of source market of FDI but we are trying to improve the image of the country. I thank you.
- J. M. GUMBO: Mr. Speaker Sir, in the absence of the Prime Minister, I will direct my question to the Deputy Prime Minister, Hon. Prof. Mutambara. What are the implications on the Zimbabwe political scenario, regarding the Constitutional Court’s ruling on the elections?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Mr. Speaker Sir, I want to thank the hon. member for that difficult question – [Laughter]-. I will try to be technical and stay at a policy level on that question.
Mr. Speaker Sir, we are a constitutional democracy with three pillars of Government, the Judiciary, the Executive and the Legislature. These three pillars are based on and governed by a Constitution, supplementary laws and statutes. At any point in time, it is important to have the three pillars in existence, the Legislature, the Executive and the Judiciary. This is important for the three provide checks and balance against each other. As you know, the role of the Executive is running the country using the rule of law within the framework of the Constitution, while the Legislature - here, our role is to make laws and act as oversight to the Executive. The Judiciary has a function of interpretation of the law and resolving any disputes among parties in the country. This is the context in which I want to answer that question.
In our constitutional democracy, only our courts have the power to do the interpretation of our law. Only our courts have the mandate to resolve disputes among Zimbabweans and the final arbiter, the final court of the land is the Constitutional Court.
Now, with respect to the issue you asked me, as I said, I am going to remain very technical, it does not matter how that issue got to the Supreme Court, to the Constitutional Court. It does not matter who is in that Supreme Court or the Constitutional Court. In so far as we are concerned as a country, as a constitutional democracy, the final court in our country is the Constitutional Court. It is the final arbiter. Once the final arbiter has spoken, once the final court in the land has spoken, constitutionalism demands that we respect that judgement and we are bound by it. We must comply with its ruling. Whether we like the decision or not, as people who are creatures of constitutionalism, we are duty bound to at least respect and comply with the ruling of th constitutional court.
The issue we need to ask ourselves as Zimbabweans is as follows, given the deadline given to us by the Supreme Court of 31st July 2013, what is our charge? What is our responsibility and task? What should we do? The first task is that we must make sure that every Zimbabwean who is eligible as a voter is given an opportunity to become a voter. Every Zimbabwean who is eligible to vote must be given an opportunity to vote. That is principle number one.
Principle number two is that we must ensure that this election is free and fair before the elections, free and fair during the elections and free and fair after the elections so that we can deliver a credible and legitimate election outcome in the country. The question we ask ourselves as Zimbabweans is, given the ruling which we must abide with, which we must respect from the Constitutional Court, can we achieve the two principles that is, ensuring that every Zimbabwean who is eligible as a voter is given an opportunity to vote?
Secondly, can we ensure that we deliver a peaceful, free and fair eenvironment before the elections, during the elections and after the elections? Media reforms are part of making the elections free and fair. My answer Mr. Speaker Sir, to the daunting question; can we do all these things before 31st July, 2013 is yes and no.
I will go for the yes first. Yes, we can achieve this in two months. Yes, we can achieve this by the 31st of July but it requires us to have the political will to do the reforms. It requires us to deploy the required resources and more so that we have bonafide voter registration. We open up our media and we create an environment for credible and conducive election. Yes, we can if we work as team Zimbabwe. Yes, we can if we do not spend too much time debating a decision which we cannot correct.
By the way, by definition, the decision of the ultimate arbiter, the decision of the final court, even if it is wrong, it is uncorrectable. Mr. Speaker Sir, if the decision of the Constitutional Court is wrong, unfortunately, it is uncorrectable. So do not waste time discussing the correctness or lack of it or the decision. Let us work together as team Zimbabwe to fulfill the deadline given to us by the constitutional court by mastering the political will, by putting the resources required and by working together so that somehow, we can deliver a credible outcome which is not disputed by those who would have lost in that activity.
The debate Mr. Speaker Sir, about the correctness or lack of it of the judgement is a good exercise for scholars and intellectuals and not for litigants, who were parties to the dispute. No, we do not encourage you as litigants; we do not encourage you as parties to the dispute to be discussing the correctness or lack of it. Obviously Mr. Speaker Sir, when you go to court, you think you are correct and when the court does rule, one or two litigants would be unhappy. Obviously, the loser will feel that the ruling was wrong. So it is not advisable for parties to the dispute to be discussing the correctness or lack of it, of a constitutional court decision. That exercise is for the universities. That is for the scholars. We must now work hard as team Zimbabwe to deliver a credible election, within the confines of the decision of the final court in our land.
Remedies for the future, I am staying technical here. Remedies for the future judgments, if you are strongly offended, if you feel very strongly that the decision was wrong, you can do the following in future, not for the current decision. For other future decisions, go and change the law that you feel was poorly interpreted. Go and change the law that was not clear and led to the ‘wrong’ decision. You are the legislators; change the Constitution so that in future there are no wrong decision and wrong interpretation. Remedy number one, change the law but for now, respect the decision. Future decisions can be influenced by changing the constitution.
Second remedy, if you are in power, if you have authority to appoint, if you have influence on those who do appoint, because when you say the decision was wrong, Mr. Speaker Sir, you are implying that those nine men or seven of them are not very clever or able men and women. That is what you are implying. If that is the implication that there is lack of gravitas, lack of intellectual capacity, in the constitutional court when you do have the power or the opportunity to influence those that appoint, appoint people whom you think are cleverer. Appoint people whom you think have better intellectual aptitude. Those are your remedies for the future, not for now.
Furthermore, remedy number three. We also say to the bench, look when you are the final arbiter in a country, when you are the final court in the country, try to be as judicious as possible. Try to be as thorough as possible so that your final decision does not create acrimony. We are encouraging those on the bench to be thorough and organised to ensure that they do not create unnecessary disharmony in the country through disputable decision. These are issues for the future. Change the law, appoint different judges and the judges must exercise as much as possible their minds and be thorough so that we do not go into these arguments in future. For now, let us work together. In fact we should have started on the 31st of May, 2013 to implement and work together not discussing the correctness or lack of the judgment. We have already lost a week out of the two months we were given. Shame on us.
For foreigners, it is the last message to our friends from South Africa, SADC and AU. Please, whatever we do as Zimbabweans, our differences as parties or different views on this decision, we must not allow foreigners to desecrate and violate our national sovereignty.
Whatever your view on this contentious subject, whatever you think about the judgment, we must all defend Zimbabwe’s national sovereignty. You cannot have a foreigner saying things such as and I quote, “with or without a court ruling, we will do the following…” How dare you stick your foreign head above your hind legs and say that about our country? Respect our sovereignty and constitutional democracy.
You must say “the Constitutional Court in Zimbabwe has made a final and binding determination. We as foreigners are going to respect Zimbabwean laws and legal process and it is within the context of the Zimbabwean laws that we are going to encourage them to work on a roadmap together”. This is the language we expect from the foreign individuals and institutions. I am simply saying, yes to help from SADC, yes to help from South Africa but they must acknowledge the sovereignty of our nation and work within that context. If there is going to be any challenging of our Constitutional Court, if that was even possible, it must come from Zimbabweans, not foreigners. Foreigners must back off. So I urge SADC, the AU and South Africa to respect our national sovereignty. As Zimbabweans, let us not be petty and opportunistic. In spite of our differences, we must work together to defend our national sovereignty. None of us must allow foreigners to disrespect us.
I want to thank the member for that question and say these are trying times for the country. It is the time to try and find each other. Working together we should be able to deliver a free and fair election and ensure that eligible voters are able to participate in our elections.
- MWONZORA: I thank the Deputy Prime Minister for the answers. I just want to ask a supplementary question. Hon. Deputy Prime Minister, we now have a Constitution that makes specific provisions and I just want to cite four of those. Firstly, there must be a voter registration exercise, 30 days compulsory. Secondly, all contesting parties must have equal access to the media – [AN HON MEMBER: Which media?] – State media. Thirdly, Zimbabweans have a right to elections, free from violence. Fourth, in Chapter 11, soldiers, CIO and the police must not interfere with the election. Now the question is; is the date subservient to the constitutional provisions or are the constitutional provisions subservient to the date? Should these provisions be followed or not followed?
PROF. MUTAMBARA: I want to thank the hon. member for that question. He is in total agreement with me and I am in total agreement with him. My view is the four things you raise are very critical. They are so fundamental because they are the ones which will allow us to do the two things I outlined. Allow every Zimbabwean who is eligible as a voter to vote. Secondly, allow for a peaceful, free and fair election which will deliver a credible and legitimate election.
Those four things must be done, but guess what, my view is that those four can be done if there is political will. Those four can be done if Zimbabweans work as team Zimbabwe. Those four can be done if we deploy the resources required. Those can be done if we put Zimbabwe first and stop bickering and trading in insults on a decision which we cannot reverse.
As I am just trying to act as your conscience. I am trying to say to us as Zimbabweans, we are supposed to be masters of our own destiny on this subject. We must, in the remaining four weeks do what we have to do to deliver a free and fair election. None but ourselves will deliver this outcome. I thank you Mr. Speaker Sir.
- CHINYADZA: Thank you Mr. Speaker Sir. I just wanted to follow up on the issue raised by the Deputy Prime Minister particularly with respect to the means/resources, whether Government has enough resources to ensure that the election is done by the date which he mentioned?
PROF. MUTAMBARA: Mr. Speaker Sir, I am very happy that my job has been made very easy because the Minister of Resources has just arrived. So, I will not go into the details of resources but only to say that there is a thing called resourcefulness which is more important than resources. There is a thing called political will which is more important than resources. Why do we not work on our political will and deploy resourcefulness? Why do we not work on our administrative capacity, our competence, and our organisational skills? Once we have done all those things, we will then go to Finance and say here is our political will, resourcefulness and competence together with our spirit of working together, give us some cash and then cash will come. And beyond that, there is also potential support coming from SADC and also from the UNDP. All these are possible sources of financing. Let us get our act together.
However, as I said, that is a question for the Minister of Finance and he is here.
- S. NCUBE: My question is directed to the Deputy Prime Minister, Prof. Mutambara. If he can enlighten the House about the voter registration vis-à-vis, whether the parties are involved in coming up with the ward centres because we are trying to avoid the situation where the ward centres were sort of biased. What action are they taking now so that we will not cry in this voter registration?
- SPEAKER: Order hon. member, that question is more
specific, I do not think the Deputy Prime Minister will be in a position to respond to that. The co-Ministers of Home Affairs are not in.
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Mr. Speaker Sir, I will speak on the general policy framework. We have taken an inclusive approach to all the things to do with our elections – all the political parties, all the relevant ministers are involved. Every Tuesday, voter registration is now a standing item on our Cabinet agenda. That shows the extent of our commitment. Of course, in terms of the details, the two Ministers of Home Affairs and the Minister of Justice will be able to answer you in detail but we are committed to an inclusive approach on the way we manage and prepare for our elections. We want to make sure that we carry everyone on board. I would want the hon. member to put the question in writing for the relevant Ministers to give a much more specific response.
- CHIMHINI: Thank you Mr. Speaker Sir. My question is directed to the Minister of Finance. Minister, we are said to be a very rich country in terms of our mineral resources. Can you explain how much, in terms of contribution from the mining sector, has been given to your Ministry so that it can assist in paying all that is required for us to run either a credible election or running the ministries?
THE MINISTER OF FINANCE (MR. BITI): Thank you Mr.
Speaker. The contribution of mining as a whole to our coffers has left a lot to be desired in the last few years. We have not gotten any assistance for the elections and in the Referendum from mining resources. The most notorious party with omissions has been diamonds.
Mr. Speaker, diamonds exports in 2012 were US$800 million and what only came to the fiscus was US$45 million. In the first quarter of the year, that is to say, January to March of 2012, total diamond exports were US$117 million and what has come to the Treasury is zero. So, diamonds which we co-own, the difference between companies like Anjin, Mbada and Marange Resources is that we own those companies but we do not own Zimplats and we are getting absolutely nothing from diamonds. If we were to get what is due to us from diamonds in 2012, which is at least US$400 million out of US$800 million, then we ought to have been able to fund the census, the Referendum and the election.
On the election Mr. Speaker, I want to say that even though we have secured money for the intensive voter registration exercise that is defined in Schedule 6 of our Constitution and we have disbursed as
Treasury last week on Monday, a sum of $20 million to ZEC via the Ministry of Justice and Legal Affairs. We do not have any other resource to fund the election. I want to restate this – we do not have any other resource to fund the election.
As the Hon. Deputy Prime Minister Mutambara has said, there is a lot of good will out there in funding this election but unfortunately, there is a political deficit/kwashiorkor. People are not interested in ensuring that we fund these elections and the person at the epicenter of obstructing resources in this country is the Minister of Justice, Patrick Chinamasa.
On the issue of the United Nations (UN) Mr. Speaker, we reached an agreement. We were asked by the Principals to write a letter to the UN. It is Zimbabwe which requested money from the UN and we wrote a letter on the 14th February, 2013. The UN at that stage put conditions and their conditions were not abnormal. They were simply saying, show us that if we give you money, the money will not go to waste through an unsustainable, illegitimate, violent ridden election. But, be that as it may, Mr. Speaker, Minister Chinamasa and I met on the 14th of April, 2013 and agreed that, to define terms of reference for the UN team and we said they can come into Zimbabwe and we will discuss the issue of election financing and the budget, not the terms of references that they defined in their letter of the 17th of February, 2013.
We also agreed on the persons that they were going to come and see namely, the Minister of Justice, Minister of Finance, Co-Ministers of Home Affairs, Minister of Regional Integration, Zimbabwe Electoral
Commission, Registrar General, Prime Minister, Deputy Prime Minister
Prof. Mutambara, Chief Secretary to Cabinet, the Ambassadors from the Fish Mongers, and Ambassadors from SADC region. Notwithstanding that agreement, it has been made clear to the UN that if they come here, they will be arrested which is not on - because we reached an agreement in black and white.
People are frustrating the capacity of Zimbabwe to raise money because the UN and its member states are ready and willing to support the election. SADC too is willing to support the election but no one is prepared to finance a process that is not going to work. No one is going to put their tax payers’ money in a hole if there are no reforms. The bottom line is that we have no money for the elections but there is goodwill from the international community. We have to show and demonstrate the goodwill and political will that the Deputy Prime Minister, Prof. Mutambara has talked about which unfortunately is not there.
- KARENYI: I would like the Deputy Prime Minister, Hon
Khupe to enlighten this House about the issue of maternity user fees and I understand some of the hospitals are still charging maternity fees. I understand that the Government’s policy is that women are supposed to go and access it for free.
THE DEPUTY PRIME MINISTER (MS. KHUPE): This is a
very important question and first of all, I would like to give a background to it. Out of every 100 000 live births, 960 women die which translates to 15 women dying every day when they give life. We are saying this is unacceptable. Women are giving life to people like you sitting in this House. Therefore, they cannot be punished for giving life. This is the reason why we advocated for free maternity when women go to give birth. They are not supposed to pay a single cent.
I would like to inform this august House that Government’s policy as we speak right now is that women must not pay a cent when they go to give birth. That is Government’s policy. I would like to take this opportunity to thank our development partners for putting money into the Health Transition Fund. I would like to thank the Government because it also contributed something into the Health Transition Fund so that women do not pay a cent when they go to give birth.
However, what I would like to say is that there are logistical problems on how this money is supposed to be disbursed. What I can say is that, I would request the hon. member to put the question in writing so that the minister can come in with a correct answer on what is stopping Government or the Ministry of Health to make sure that those resources are disbursed to clinics and hospitals. The bottom line is that women should not pay a single cent when they go to give birth.
- J. M. GUMBO: Can something be done urgently to make
sure that the policy is made known to hospitals. Just yesterday, I had two women coming into my office with papers that their household goods were being removed by Harare Hospital. I have the papers that they must go and pay some $120.00, failure which their property will be removed.
Can something be done because if we have to write questions we do not know what might happen, maybe next week we might not be there? It can be too late and women will still continue giving birth. The policy is a good one but can something be done in the meantime.
THE DEPUTY PRIME MINISTER (MS. KHUPE): I am happy
because the Minister of Finance is here. I think he is going to do something about it. I hear you and I thank you very much. As soon as I leave this House I am going to talk to the Minister of Health to make sure that they address this issue as soon as possible. We are definitely going to do something about it.
- CHIMBETETE: Now that we have passed the Constitution into law, what is Government’s position regarding security forces who
do not respect the leaders after an election?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
To address the question by the hon. member, the most important thing to do is to make sure that we understand what we have in the new Constitution and then respect that Constitution. The Constitution is very clear on the security sector that they must be above party - that they must serve civilian authority. The starting point is to ensure that there is civic education amongst Zimbabweans, security forces and people so that the input and the message from the Constitution is understood because we have tried in that Constitution to address this subject.
The challenge now is on execution and implementation. While we have a good document, we do not walk the talk. That is why I am emphasising the subject of constitutionalism; the behaviour, the tradition, the culture of respecting the Constitution. If our security forces, if our people respect the document we have adopted, that problem will be half solved. Whatever is outstanding and not addressed in the constitution, we can then proceed by way of security sector realignment and other laws or statutes to ensure that our security sector in Zimbabwe is supportive of democracy – and that our security sector in Zimbabwe does not subvert the people’s will.
Remember the objective is to ensure that there is freeness and fairness before the elections, freeness and fairness during the election, freeness and fairness of the counting, freeness and fairness after the elections. Our security forces, soldiers, police and CIO must not work against the interest of the people. They must work for the people and I think we have made an effort in the Constitution to address that matter. If there are outstanding matters, we can then proceed by way of other changes and reforms and may I thank the hon. member for that question that he has given.
MRS. MATAMISA: My question is directed to the Minister of
Health and Child Welfare. Minister, as a matter of policy, what is Government position with regards to the assistance of cancer patients, if there is any?
THE MINISTER OF HEALTH AND CHILD WELFARE:
(DR. MADZORERA): I want to thank the hon. member for asking about cancer which is a very big problem in Zimbabwe. At the moment we have serious constraints in terms of cancer treatment. We have just started revitalising our cancer treatment institutions at Parirenyatwa Hospital and Mpilo Central Hospital. The state over the last ten years has not been good. We are just in the process of installing new equipment at Parirenyatwa Hospital and Mpilo Central Hospital. In other words, it has not been possible to assist cancer patients. Many patients have been going out of the country for radio therapy and chemotherapy.
Chemotherapy is extremely expensive and Government is struggling. As
Cabinet we are trying to find sources of funds to make cancer treatment free in Zimbabwe. We have realised that the expense is far beyond what ordinary members of the society can afford. So, it is work in progress.
We are looking at innovative financing mechanisms for cancer, but remember that at this stage, we are still struggling to provide the ordinary routine day to day care for our patients. I want to thank all those donors and partners who are assisting us in the procurement of medicines for day to day conditions like malaria, HIV/AIDS and so forth. So we are still a long way from being independent and doing what we as Government, have purpose to do, which is to ensure that cancer patients and other patients with chronic diseases like renal failure are treated free because these conditions are extremely expensive for the individual members of society. So it is work in progress. I thank you.
- MUDARIKWA: My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development. I want to find out from him whether there is a change this year, when we deliver maize to GMB, is there a time lag whereby if we deliver our maize today, then we get our money tomorrow, next week, next month or next year?
Thank you Mr. Speaker Sir.
THE MINISTER OF AGRICULTURE, MECHANISATION
AND IRRIGATION DEVELOPMENT (DR. MADE): Thank you
Mr. Speaker. There are two things that are going to happen this year. First of all, it is the introduction of the commodity exchange for the agriculture commodities. We are in the process of setting that up. The agriculture commodity exchange is coming into play. The second aspect is that GMB will also be a buyer along with other buyers. I hope that they will be having resources to do that but at least the farmers will be able to make a choice in terms of the agriculture commodity exchange. I think that is all I can say at the moment.
- ZHANDA: Can the Minister of Agriculture enlighten us, in view of the fact that all the grains and commodities will be traded on that exchange? Can the Minister enlighten us on the current position of wheat?
- MADE: I responded to a similar question some three weeks ago. Certainly, the wheat farmers have got to depend on their bags. I made it clear that Government is constrained this year to support farmers in wheat. Thank you.
- ZHANDA: Mr. Speaker Sir, I must thank the Minister for that answer. My follow-up question is, what is the policy in place now in order to make sure that wheat is grown locally since Government can no longer fund the growing of wheat?
- MADE: Without dialoging with the hon. member, I have made reference to the fact that banks have got to support the farmers. We have been trying to see what we can do in terms of the wheat users, for example, the millers and other traders of wheat particularly the aspect of getting them to support wheat instead of being dependent on import permits. That is work in progress and the hon. member is privy to some of the discussions that we have been having because he has also been contributing to that debate. I think we should continue on that but whatever instruments we come up with, they must be well considered and well debated and discussed. Otherwise the position is that we should try to get farmers supported by those that use wheat products. Thank you.
- TACHIONA: My question is directed to the Minister of
Agriculture. What is the correct position regarding the ban or importation of maize meal or grain?
- MADE: Thank you Mr. Speaker. There is no ban on the importation of anything.
- GWIYO: My question is directed to the Deputy Prime Minister Prof. Mutambara. Can you please update this House with regards to progress at Chisumbanje? Also enlighten the House with regards to drinking water in Zimbabwe? What is the position of the Executive?
THE DEPUTY PRIME MINISTER (PROF. MUTAMBARA):
Mr. Speaker Sir, I think the question on drinking water is better addressed by the Ministry of Water and also the Ministry of Local
Government. On Chisumbanje, without pre-empting our work, I have to say to this House that the Cabinet of Zimbabwe has worked with the developer. They have come up with an agreement after serious negotiations and a final position from Government has been obtained. As of now, the investor has not signed on. We are getting exasperated as a Government because what we have done is to try to reach out, look after the national interest, look at the interests of the community and look at the interest of the investor. We have thoroughly engaged the investor. Now, we have an agreement and what is holding us back is the investor, Green Fuels. They have not signed and we are quickly approaching a point where we are going to say to them, shape up or ship out. The agreement is there on the table and the investor is refusing to sign. This is completely unacceptable.
We have finalised a position and there are no more negotiations. We are simply waiting for a signature from the investor. I will end there to encourage the investor to come through but we are not going to wait forever. It is going to be shape-up or ship-out to the investor. We have a country to run, an economy to develop and a community in Chisumbanje to protect.
Questions without notice were suspended by MR SPEAKER in terms of Standing Order No. 34.
ORAL ANSWERS TO QUESTIONS WITH NOTICE
MAINTENANCE WORK ON LOWER GWERU-CROSSROAD
ROAD
- MR MADUBEKO asked the Minister of Transport and
Infrastructural Development to inform the House on when the Ministry intends to carry out maintenance work on Lower Gweru-Crossroads road.
THE DEPUTY MINISTER OF TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT (SENATOR
KOMICHI): Thank you Mr. Speaker Sir. The Ministry is ceased with the challenge that we have on the roads outside the main highway. The road that has been referred to is actually on our programme this year. As soon as we get money from the Treasury, work will just commence.
We have started a bit of some work on the road in the previous years. The road is actually made up of three sections; there is a section from 5.1 to 49.6 which is surfaced. There is a section from 4.96 to 87.6 which is gravel road and a section from 87.6 to 96.1 which is an earth road. We would like to make sure that this road is gravelled. Due to limited funding we will be able to do just grading. So, there is a programme that is there, we are waiting for the money, when the money comes, we will do the work on the road that you have raised.
AVAILABILITY OF ANTIRETROVIRAL THERAPY DRUGS
- MR CHIMHINI asked the Minister of Health and Child
Welfare to inform the House regarding
- the availability of Antiretroviral Therapy Drugs for adults and pediatrics in the country specifying for how many days, weeks and months people on Antiretroviral Therapy can access the drugs;
- the drug stock status for Stavudine and Tenofovir, giving stock levels in days, weeks or months for each regimen, in view of the decision by the Ministry to transit from Stavudine to Tenofovir;
- the distribution status of the above drugs by regimen, for adult and pediatric patients to Provinces, Districts and other Health facilities;
- what practical steps are being taken by Government to ensure that no patients on Antiretroviral Therapy will fail to get the life saving drugs.
THE MINISTER OF HEALTH AND CHILD WELFARE (DR
MADZORERA): I would like to thank the hon. member for asking this question. On how much therapy we have in terms of days, weeks and months for people on Antiretroviral Therapy, drug stocks are very dynamic, they change every day but we have enough stocks. I would like to confirm for this year and for the next year and up to 2015. By that, I mean we have enough money and enough current stocks to manage everybody on Antiretrovirals at the moment.
If I may read out to you what we have right now. We have at hand for Tenofovir/Lamivudine and Nevirapine regimen seven months of stock. For the Stavudien/Lamivudine/Nevarapine regimen, we have 26 months of stock. For the pediatric ARVs, we have eleven months of stock at hand. Our problem at some instances is running through the stock in good time before they expire because these drugs expire. So, we are currently finding ways of disposing some of our antiretroviral stocks for pediatric patients because we actually know that we will not finish these stocks before they expire. So, what we do in such instances is to collaborate with neighbouring countries who want these stocks and we give them or exchange as we have always done.
Secondly, the hon. Member would like to know drug stocks for Stavudine and Tenofovir. I think I have already answered this. We have adequate stocks for all the antiretroviral. What we are doing at the moment is we are transitioning from the Stavudine based regiments to the Tenofovir based regiments and we are doing it slowly. We are not going to suddenly wake up with everybody on Tenofovir but we will change anybody who reacts to Stavudine or who develops other chronic side effects.
At the moment, 65% of our adults are on the Tenofovir based regiment and 33% are on the Stavudine based regiment. The transition is very slow. We will continue to use Stavudine until we have used all the stocks of Stavudine that we have and then we will transition everybody to Tenofovir. We are not going to throw away good drugs because we have just changed a policy except of course for those who react.
In terms of distribution status of the drugs for adults and children in the districts, we pushed these drugs to the institutions. The National Pharmaceutical Company of Zimbabwe carries out the distributions and every two months they take drugs to the districts. We have always ensured that we have a minimum of five months’ supply of medicines.
Storage of these drugs is decentralised. We have provincial drug stores. In terms of ensuring that our antiretroviral programme does not suffer any setbacks particularly from financial hardships, I am pleased to advise that we have enough money to run the antiretroviral programme until 2015. We have enough arrangements with the Global Fund and we also have our National Aids Council which is contributing to antiretroviral therapy. A lot of our drugs are donor funded and I was going to implore the Minister of Finance to ensure that we, as a country also chip in from the budget beyond what the National Aids Trust Funds is doing. I thank you Madam Speaker.
HIRING OF PRIVATE CONTRACTORS TO DO
GOVERNMENT PROJECTS
- MR MUSHONGA asked the Minister of Public Works – (a) what the policy of the ministry is in hiring private contractors to do
Government projects;
- who is financing the intelligence school being built along the
Harare – Mazowe – Glendale Highway on the 10km peg;
- who is undertaking the construction work at this school of intelligence and;
- how much the Government is going to spend on this project.
THE MINISTER OF PUBLIC WORKS (MR. GABUZZA):
Mr. Speaker, with your leave, that is a straight forward question and it has a one word answer. The policy of the ministry is very clear. When we are hiring private contractors, we have to do it through the State Procurement Board and they are given jobs depending on their level of capacity. Those that are able to do complex jobs, we are able to give them bigger jobs and it is the same for those who cannot do complex jobs who we give smaller jobs. Otherwise all the contracting of contractors is done through an objective means by the State Procurement Board.
Secondly, it is the Government that is financing the intelligence school being built along the Harare – Mazowe – Glendale Highway on the 10km peg. It is Government, through the Ministry of Public Works. So the Ministry of Finance is giving us money to put up that school.
Thirdly, this is a direct labour job where we hire our artisans from the private sector but basically, it is the Ministry of Public Works doing the construction. We have no private contractor on site and as of when, we have run out of specific skill, we then hire in those private artisans but they are paid directly and supervised under the Ministry of Public Works.
Lastly, when you are calculating financing of projects, you may not come up with a specific figure but the baseline figure is anywhere in the region of US$21 million. There is what we normally call variation orders depending on various things that we might notice on site. The cost may vary if say, for example, suddenly the cost of bricks increases from wherever we get them. The figure may go slightly higher than what was initially planned but Government is funding it in phases. It is not an amount that has been given to the ministry. So annually, we get some trenches of about US$5 million, US$5 million depending on the availability of resources. Thank you.
POLICY REGARDING RECRUITMENT OF NURSES
- MR MUSHONGA asked the Minister of Health and Child Welfare – (a) whether it is the Ministry’s policy to recruit nurses at
Provincial Governor’s offices and District Administrator’s Offices as happened on Monday, 18th February, 2013, at Bindura’s Governor’s
Office;
- Whether it is the Ministry’s policy to indulge in partisan political recruitment of new nurses as is being done in Mahonaland
Central by the Privincial Governor;
- why the Ministry does not advertise nursing vacancies in the public press as opposed to using ZANU PF’s party structures as is being done in Mashonaland Central.
THE MINISTER OF HEALTH AND CHILD WELFARE
(DR. MADZORERA): First of all, as to whether it is the Ministry’s policy to recruit nurses at Provincial Governor’s offices and District
Offices as happened on that particular day in Bindura, I do not know. What I can answer is that, as a matter of policy, we do not recruit nurses through the office of the Governor. The Ministry of Health and Child Welfare does its own recruiting through the schools of nursing and through Head Office. I am not exonerating the Governor in any way but this is a matter that we could look into and find out if actually something outside the policies of the ministry took place. Again, it is not our policy to use any political party for recruitment of new nurses. So it is not our policy to indulge in partisan politics in the recruitment of nurses.
Also, when deploying nurses we do not use party political structures. When nurses complete their training, they indicate the places where they wish to be deployed. The lists are sent to the Nursing
Directorate of the Ministry of Health and Child Welfare. The Nursing Directorate identifies institutions where vacancies are available and deploys the nurses.
In terms of advertising for nursing vacancies, we do advertise in the public media in the newspapers. We do not advertise through ZANU PF party structures. Once again, we will look into this Madam Speaker to see whether this incident actually happened. May be, the hon. member will be aware that when we got a little relief from Treasury and we are allowed to employ up to 2000 nurses over the last six months or so, we actually did advertise in the public media and told would be workers to go back to their schools of nursing where they trained and register there so that we can be able us to recruit them and that process, is taking place quite reasonably. I thank you Madam Speaker.
- CHEBUNDO: My follow up question Madam Speaker is for the Minister to inform us whether they are now geared as a Ministry to absorb all the graduate nurses who are not employed; whether they are still pursuing the issue of exporting nurses as a policy; and whether that is rational in his view?
THE MINISTER OF HEALTH AND CHILD WELFARE
(DR. MADZORERA): Thank you Madam Speaker. The Ministry of
Health and Child Welfare is very well able to absorb all the nurses on the market and all the nurses who are going to train over the next two years or so. Our constraint is not vacancies within the hospitals and clinics, but our constraint is the employment freeze from Treasury. If Treasury today says, employ another 5 thousand nurses, we have got places for them within our institutions because there are people who died, who retired and so forth. So, I think that question should be referred to the Minister of Finance.
In terms of our attempt to “export” nurses, I will put export in quotes because we want to call it some form of human resources for health cooperation with other countries. This is not something unique to Zimbabwe, many countries are doing it. It is a way of helping each other, particularly in the SADC region, we have a key endowment in Zimbabwe which some may not know. Our ability and capacity to train workers is far above the capacity of many countries in the region and we are currently helping them. Some bring their doctors here for training; others bring nurses and so forth. We are already doing it. We have 40 students every year from Lesotho, for example, being trained at the medical school here in Harare.
So, we want to expand that in line with what we call the code of ethical recruitment of health personnel which we adopted at the World Health Assembly, three years ago. That allows us to cooperate with other countries as a way of dealing with brain drain and senseless loss of human resources from the country without any form of compensation.
Health workers will always go outside of the country but what we want is some return from all the training that we do for our health workers. This arrangement will allow us as a country to get something and train more health workers.
- CHIMHINI: My follow up question is, does the freeze also cater for the PCN?
- MADZORERA: Thank you Madam Speaker. The freeze is for everybody, from the general hand to the most highly qualified surgeon in the country. There is no one exempt. So, we cannot employ a general hand, a PCN, an RGN or a physiotherapist without treasury concurrence.
CRITERIA USED IN THE SELECTION OF THE
INDEGENISATION PROGRAMME AND LIST OF ALL
BENEFICIARIES
- MR. GARADHI asked the Minister of Indigenisation and Empowerment to state to the House the criteria used to select beneficiaries of the indigenisation programme and provide a list of all beneficiaries.
THE MINISTER OF INDIGENISATION AND
EMPOWERMENT (MR. KASUKUWERE): Thank you Madam
Speaker. This is the opportunity I have been waiting for. Madam
Speaker, allow me to give the background to the entire Indigenisation, Economic and Empowerment Programme, what we seek to achieve and
then I will go into the criteria, the beneficiaries and so forth.
This programme was conceived by the Government after being discussed in this Parliament in 2007. The objective was to ensure that we build an economy which is driven and for the benefit of the majority of Zimbabweans. In so doing, Madam Speaker, it was seen within the wisdom of Parliament to ensure that 51 percent of our entities, companies, mines and so forth are controlled by the majority
Zimbabweans. It is to ensure as well that we democratize the ownership of our resources. The majority of our people must benefit from these God-given resources, be it the mineral resource, be it our natural resources and so forth.
Further to that, it was also seen necessary that in the same breath, as we talk of indigenisation, we must ensure that we craft empowerment programmes that will uplift the standards of living for our people. That will ensure that the majority of our people become involved in the economy; that will help us build the economy owned by and for the majority Zimbabweans. In so doing Madam Speaker, the empowerment agenda seeks to ensure that we bring down barriers of entry. We make it easy to train our people to participate in the economy, we also make it easy for our people to access resources and we create the necessary opportunities for us to build an economy that is in the hands of majority Zimbabweans.
Pursuant to that, the Indigenization, Economic and Empowerment Programme, with specific regard on the question posed by Hon. Garadhi, has been to ask the Minister to state to the House the criteria used to select the beneficiaries of the indigenisation programme. Madam Speaker, as we implemented this law and the policy, we said, when it comes to the mineral resources of this country; the communities, the employees and the country at large must benefit from these God-given resources; to the extent that we have formed 59 community share ownership schemes across the country. We have also set up employee ownership schemes across the country in all districts where there are mining entities.
Further, the National Indigenisation and Economic Fund shall act as our national sovereign fund which will house on behalf of the majority Zimbabweans the greater part of the shareholding. To that extent, a number of communities across the country have already benefited. Like I am talking about 59, I can give you from the statistics point of view; over a $100 million has been committed in pledges and commitments by the various companies and entities.
To date, over US$24, 5 million has been used in the construction of necessary infrastructure in all our communities across the country. As an example, Madam Speaker, 20 schools are under construction, as I speak to you right now in the Mhondoro District as part of the ZimPlats/Mhondoro/Ngezi/Zvimba Community Share Ownership Scheme.
Further to that, in Matabeleland South, the Gwanda community has just completed the building of about three hospitals and rehabilitation of their irrigation schemes. Once again, this is because of the community empowerment programmes.
Madam Speaker, in the Zvishavane community, I am sure the hon. member from Zvishavane, Hon. Matshalaga, my dear brother can confirm that several schools have been built. Where children had no schools, these have been provided for. Hospitals have been built –
[HON. MEMBER: Arikuramba Matshalaga] – THE DEPUTY SPEAKER: Order, order.
THE MINISTER OF INDIGENISATION AND
EMPOWERMENT: Madam Speaker, we have also seen communities
acquire the necessary equipment like borehole drilling equipment. I want to congratulate the communities in the Shurugwi area, the
Tongogara Community Scheme, we purchased one of the state of the art borehole drilling machines. This is benefitting the entire community.
Not only them, we also want to congratulate the Gwanda Community Trust which has gone on to acquire their own necessary borehole drilling machine. You will all agree with me that Matabeleland South is a drought prone region which will require that, of necessity water is proved to our communities. This has being done because of the indigenization programme.
Further to that, even in the Bindura community, boreholes are being drilled, schools built because of these funds. In the Ngezi community, I want to congratulate those two communities who have been able to buy their own motorised graders to ensure that the roads and the necessary infrastructure are maintained through the empowerment programme. The list of beneficiaries comprised of all the people who live in these areas.
Secondly, we are now just at the verge of completion of the Mashonaland East Community Trust that will also ensure that the communities in Mashonaland East province, do benefit and can start benefitting from their resources in the construction of the necessary equipment, necessary infrastructure, buy the necessary equipment and move the process of development further.
Madam Speaker, the second set of beneficiaries are the workers of this great country. We have seen the empowerment of workers at Schweppes. Over 30% shareholding has passed hands into the workers at Schweppes. We have registered a number of worker employee schemes across the country and we are pleased with the support the workers are giving to these initiatives. We are seeing already some of these companies and the workers’ ownership schemes going out there to build necessary housing units that will house the workers.
Secondly, with regards to Zimplats, Unki, Mimosa and all the other companies where we are carrying out our programmes, workers are entitled to a shareholding that will ensure that at the end of their service, workers are not left poor. You will agree with me that our workers are the greatest asset that our nation has. They work underground for years under very difficult conditions and for the first time as Government, we have recognised our workers, hence the empowerment of the workers.
BAT for instance, has just completed a process where the workers have been empowered to the extent of 10%. Workers at BAT now are proud shareholders of their own companies and many of the entities. At Old Mutual, workers are now shareholders to the extent of 10%. Of course, Madam Speaker, we have come across some of the challenges of individuals who want to sabotage the programme but the programme will not fail. I am saying so because we should have completed the empowerment of the workers at Barclays Bank, Standard Bank and et cetera. This afternoon I authorised the setting up of the Barclays Bank Share Ownership Scheme that will allow the employees at Barclays to become proud shareholders to the extent of 10% in the bank. What this does Madam Speaker, is substantially changing the circumstances of the majority of our people.
Apart from that Madam Speaker, I have talked about the structures that we have come up with in the financial service sector. I have talked about the empowerment that we are carrying out for the workers in the mining sector and across industry, Meikles empowerment scheme and et cetera. – [AN HON. MEMBER: Inaudible interjection] – That is one of the beneficiaries of the indigenisation. – [MR. MUSHONGA: Was that indigenization?] –
Madam Speaker – [AN. HON. MEMBER: Tauraka] – through the indigenisation programme, we have further gone to ensure that the youths in the various areas and communities where the empowerment programmes are taking place, the young people become beneficiaries. I will talk about the young people in the Nyanga community who are now benefitting from this programme. We supported the young people to the tune of $250 000 and we are pleased as a Ministry to inform this honourable House that now, over 1 000 of our young people are engaged in productive production of potatoes in the eastern region of our country of Manicaland, Nyanga in particular.
Further to that Madam Speaker, US$10 million was made available through the empowerment initiatives at CABS. This programme, I will be able to give you all the names because I have about 6 000 names of the young people who have benefitted from the programme, I am sure. I will ask the colleagues to bear with me as I give you the 6 000 names – [AN HON. MEMBER: Aah!] – That was the question. The question wants me to answer and give the names of all the beneficiaries and I have got over 6 000. I want to be able to read one by one so that there is no doubt:
1.Rabson Mangwende, Mashonaland East Province, benefitted to the extent of US$3 000;
Madam Speaker, what I think I will do is to leave the details with the officials [list of names not supplied] but I am pleased to say, with the CABS facility, over US$4,7 million has now been disbursed across the country to our young people. On that facility, close to about US$5 million is still available for us to continue empowering our young people. Admittedly, there have been challenges, bureaucratic ones but those we are overcoming. I am pleased to say the quality of the programmes and projects that our young people are coming up with are very encouraging.
Secondly, through this same agreement and arrangement, with Stanbic Bank we were able to structure a transaction with them to the tune of US$20 million and to date over US$5,3 million has been made available and our young people have accessed these resources. There is about US$14,7 million to go. The same also goes for our facility with CBZ where over US$2 million has been made available to our young people across the country. Consequently, in all these facilities, over
5 000 jobs have been created and we are pleased to say that our young people are getting to grips with the responsibility of taking part in running their own economy.
I want to say in conclusion, that as we empower the young people of this country, we are also aware that our women and the disabled must be and should be part and parcel of these structures. To that extent, in the BAT Empowerment Trust, it is going to be benefitting the women and the youth of this country. This speaks to almost about US$14 million worth of stocks that will now be in the hands of our women and the young people. We believe all these will go a long way in uplifting and ensuring that the majority of our people become beneficiaries and are involved in the economy.
Apart from that, Madam Speaker, a special arrangement has been made for the disabled members of our community through an advisory community chaired by one of our young people Mabhaudhi, who has been working very closely with us to structure a disabled facility to support young people in this sector. Apart from that, we believe in general and in total that the empowerment programme is uplifting the spirits of many of our people. It is a programme that will intensify after the elections. It is a programme that will ensure that Zimbabweans take full ownership of their resources.
Madam Speaker, I am pleased also to say entities and companies in this country have realised that there is no way out other than to join the State and ensure that we empower the people of Zimbabwe. What I want to disabuse colleagues in this room from is to undermine a process that will lead to the upliftment of the majority of our people. We must be well aware that there is majority who must benefit from the laws that this country embarks upon. Madam Speaker, on that note I want to thank you very much.
- MUSHONGA: Follow up question Madam Speaker. May
the minister advise this House whether the Brain Works Consultancy which he engaged in his indigenisation enterprises was awarded to him by the State Procurement Board, Tender Board or they are his colleagues? Why did he resist enquiries from the Anti-Corruption Commission when they visited Brain Works? Is the minister hiding a skeleton in his wardrobe?
- KASUKUWERE: When a lawyer talks about hiding
skeletons, I do not understand which university he attended but let me answer. First and foremost, the board has a responsibility of advising Government and they are the ones authorised to sit and ensure that they have a consultancy that works with us and that will ultimately advise the minister. So, that is to do with the Brain Works.
Secondly Madam Speaker, with regards to the Anti-Corruption
Commission, nobody ran away from the Anti-Corruption Commission. If they did come with defective documentation and they have dirty hands, Madam Speaker, our programme is available for scrutiny by anybody.
But, what we will also not entertain is when it is carried out in a manner to try and destabilise the whole agenda, and when it is carried out because individuals want to satisfy their ambitions. We will not allow for the derailment of the national programmes Madam Speaker, to the extent that the Anti-Corruption Commission is still free to come and discuss. But, what we will also not allow is for them to corruptly obtain search warrants. What we will not allow for is that they are allowed to break the laws of this land. No, they must follow the laws like anybody else. Thank you very much Madam Speaker.
- MATSHALAGA: Thank you very much Madam Speaker.
May I take this opportunity to congratulate the Hon. Minister of
Indigenisation for a very comprehensive presentation?
My question is, Hon. Minister, you have pointed out that the youths are engaged in all sorts of business activities, is it possible to inform this House examples of areas in which the youths are involved in? I thank you.
THE MINISTER OF YOUTH DEVELOPMENT,
INDIGENISATION AND EMPOWERMENT (MR.
KASUKUWERE): Madam Speaker, I would like to thank Hon.
Matshalaga for a very good question that he has raised and posed to me. Apart from the entrepreneurial programmes that my ministry is running, we are also carrying out a lot of campaigns around the vocational training programmes. We ensure that young people are given the necessary skills to better themselves and participate in the economy to the extent that the TREE programme, the training for rural and economic empowerment Programme has taken off with the support of our cooperating partners. We have spread this programme to over six provinces to date and young people are being given the necessary skills for them to subsist and look after themselves.
We are pleased in that our young people are showing lots of enthusiasm and it is necessary that we create a base of young people who can be relied upon, a decade from now to run our economy.
Apart from that Madam Speaker, we are also empowering our young people on issues to do with their health, HIV and so on because we believe that a healthy mind and a healthy body are good for the country. These are some of the centres that we believe, as we empower our young people entrepreneurially, we must also look after our young people in terms of their skills and in terms of their health. Thank you Madam Speaker.
- ZHUWAO: Thank you Madam Speaker. I would like to ask
the minister to clarify the conflicting policy positions that seem to be coming from the leader of the opposition, Hon. Tsvangirai that the indigenisation policy will be reversed?
- CHITANDO: On a point of order Madam Speaker. The
hon. member seems to say that we have an opposition in here and as far as I understand, we do not have any opposition political party in this House. The second thing is that he knows correctly that his relative was clearly defeated in an election by ….
THE DEPUTY SPEAKER: Hon. member, what is your point of
order?
- CHITANDO: My point of order is that we do not have an opposition party in this House.
THE DEPUTY SPEAKER: Hon. Zhuwao, can you withdraw
that?
- ZHUWAO: Thank you Madam Speaker. I will rephrase my
question?
THE DEPUTY SPEAKER: Hon. Zhuwao, can you kindly
withdraw what you said about the opposition?
- ZHUWAO: I withdraw Madam Speaker. My question is to
the minister, can he clarify the conflicting message that is coming from the Hon. Prime Minister, that indigenisation will be reversed?
THE MINISTER OF YOUTH DEVELOPMENT,
INDIGENISATION AND EMPOWERMENT (MR.
KASUKUWERE): Thank you Madam Speaker and I want to thank the hon. member for his question. It could be a question of people indicating left and turning right.
Madam Speaker, there is a Government policy position to ensure that the people of this country are empowered. There was a Parliament of this country which sat down to debate and passed the Empowerment Bill. After that, it was signed into law by His Excellency.
- MUNENGAMI: I think the Hon. Minister is answering a
question which is not directed to him. He is not the Prime Minister and that question should have been directed to the Prime Minister of this country. Thank you.
THE DEPUTY SPEAKER: Order hon. member, I think the
minister has a right to answer that question since it is directed to his ministry.
- KASUKUWERE: Thank you very much Madam Speaker
for your wisdom. I indicated earlier on that some of the conflicting policy positions arise because some individuals indicate left and turn right.
Secondly, it might be a difficulty in facing up to reality and advising bankers who might be white or so, that the country has taken a different position. What I can say Madam Speaker is that this policy will not be reversed. This is the national policy, this is the Government policy and this is what we are pursuing. We intend to ensure that the people of this country do benefit from the resources of this nation.
Further to that Madam Speaker, with specific regards to the question posed by my colleague. I am sure it might be a question of two messages for different audiences. When we are in Cabinet with our colleagues, we agree but at night depending on who they will be meeting they disagree.
I do not take seriously the view by the MDC-T, our partners in Government that at night they behave as opposition party and during the day, they behave as ruling party.
- MAVHIMA: I need to find out from the minister, how many
of those have defaulted, if any, and what measures are in place to avoid defaults in future so that this fund can become revolving?
- KASUKUWERE: I would like to thank the question by Hon. Mavhima and provide the following statistics. With regards to the CABS facility, to date we have had about 52% defaults and we are aware of why many of our young people have been defaulting.
I am giving the statistics and if the hon. member across the table feels it is benefiting only ZANU PF nothing stops them from asking their young people to join ZANU PF. With regards to their defaults, it is as a result of young people requiring necessary skills. We are now going through a process of continuous training to upgrade our young people’s capacity to run businesses.
Secondly, with regards to the CBZ facility – that facility has performed to an extent very well, about 45% defaults. We are aware that we must continue mentoring our young people, sitting down with them and ensuring that they pay back the loans. This kind of spirit and attitude – I am sure if we continue insisting on our young people they will be better businessmen. Notwithstanding that, it is an accepted fact that in any business venture that is run, there will certainly be some failures. I am not very disappointed at this point with our young people. I think with the right support and training we will be able to get there.
RECRUITMENT OF SOLDIERS BY ZNA
- MR. GARADHI asked the Minister of Defence to explain and justify why the Zimbabwe National Army keeps on recruiting and training soldiers when the fiscus is under performing?
THE MINISTER OF DEFENCE (MR MNANGAGWA):
Thank you very much for according me the opportunity to respond to
Hon. Garadhi’s question. Mr Speaker Sir, Sections 211 and 212 of the
Constitution of Zimbabwe state that for the purpose of defending Zimbabwe, there shall be Defence Forces consisting of an Army, Air Force and such other branches, if any, of the Defence Forces as may be provided for by or under an Act of Parliament. The existence of the Defence Forces is therefore a constitutional requirement.
The current authorised strength is 40 000 members and currently we stand at only 36 000, falling short by 4 000. Presently, the filled posts are well below the authorised strength. As such, the current engagements are not massive or over recruitment. I also wish to remind Hon. Members that due to deaths and retirements, among other factors, the force’s strength continues to dwindle and we need to replace the retired and dead members by recruiting new members into the system.
More importantly, it should be borne in mind that the majority of the members who founded the ZNA were former freedom fighters who, since 1980, have attained the retirement age. The youngest of such members at Independence was 18 years of age and 33 years down the line, those members are now 51 years old and have to retire according to the regulations.
Any pause in replacing members wasted through retirement, resignations, deaths, court martial dismissals and other causes, creates shortfalls which take time to fill thereby affecting the strength of the ZDF and its effectiveness. The ZDF therefore needs to continuously recruit as part of the replacement process.
For Zimbabwe Defence Forces (ZDF) to achieve total defence of the nation and uphold its constitutional mandate, it must always be ready to respond to any threats at any time in the correct strength and correct level of training. It is important to note that security goes beyond physical protection but it also covers other pillars like human, environment, economic and political aspects of national security in order to fulfill the purpose of defending the nation.
Training of the ZDF members is a process and not an event. It takes six months to train a general duty soldier and eighteen months to train an officer cadet. Because of the length of these training cycles, any gaps in terms of recruitment creates lapses in national security.
The ZDF consists of different ranks and the duties of these ranks are commensurate to certain age groups for efficiency. For example, a private soldier must be in a certain age group (18 – 25 years of age) to effectively perform expected duties. As such, there is need for continuous injection of new blood.
Military threats should be understood in the context of an escalation of all other threats. The Defence Forces therefore are the ultimate insurer/guarantors to the survival of any nation. Its existence and preparedness is therefore critical whether or not the economy is performing well. It must also be remembered that for the economy to perform, there is need for peace and stability in the country.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF HEALTH AND CHILD WELFARE: I
move that Orders of the Day, Numbers 1 to 17 be stood down until
Order of the Day, Number 18 has been disposed of.
Motion put and agreed to.
MOTION
RATIFICATION OF THE WORLD HEALTH ORGANISATION
FRAMEWORK CONVENTION ON TOBACCO CONTROL
THE MINISTER OF HEALTH AND CHILD WELFARE
(DR. MADZORERA): I move the motion standing in my name:
THAT WHEREAS, Subsection (1) of Section 111B of the Constitution provided 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;
AND WHEREAS the World Health Organisation Framework
Convention on Tobacco Control (WHO FCTC) was opened for signature on 16 June to 22 June 2003 in Geneva and from 29 June, 2003 to 28
June in New York;
AND WHEREAS the Government of the Republic of Zimbabwe is not a signatory to the aforementioned Convention, and is desirous of becoming a party to the Convention;
AND WHEREAS Article 35 of the World Health Organisation
Framework Convention on Tobacco Control provides for the deposition of instruments of ratification or accession with the depository;
NOW THEREFORE in terms of Subsection (1) of Section 111B of the Constitution of Zimbabwe, this House resolves that the aforesaid Convention be and is hereby approved for accession.
Preamble:
Tobacco use is one of the leading preventable causes of death. The global tobacco epidemic kills nearly 6 million people each year, of which more than 600 000 are people exposed to second hand smoke. Tobacco causes disease in nearly every part of the body that you may think of. The major pathology caused is cancer, and this can occur in the lung, the throat, the eyes, the limbs and everywhere. Other diseases caused include peripheral vascular disease, chronic respiratory disease, cardiovascular conditions, tooth decay, hair loss, premature ageing, hearing loss, impotence and stomach ulcers. Tobacco is a major predisposing factor for most non-communicable diseases. Passive smoking is just as dangerous as active smoking.
The WHO FCTC was developed in response to the globalisation of the tobacco epidemic, and is an evidence-based treaty that reaffirms the right of all people to the highest standard of health. The Convention represents a milestone for the promotion of public health and provides new legal dimensions for international health cooperation. Let me underscore once again the fact that the WHO FCTC is purely a health Convention that seeks to promote and protect the health of the public in our countries.
Article 3 clearly states the objective as follows:
“The objective of this Convention and its protocols is to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures to be implemented by the Parties at the national, regional and international levels in order to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke.”
The WHO Framework Convention on Tobacco control (WHO
FCTC) is the first international treaty negotiated under the auspices of
WHO. It was adopted by the World Health Assembly on 21 May 2003 and entered into force on 27 February 2005. It has since become one of the most rapidly and widely embraced treaties in United Nations history.
As at November 2011, the FCTC had 174 Parties. In Africa, 40 out of 46 WHO Afro-region countries have signed, ratified the FCTC and have become parties. Three countries namely Zimbabwe, Malawi and Eritrea have not signed the FCTC. The other three namely Cote d’voir, Ethiopia and Mozambique have signed but not yet ratified. The deadline for signing was June 2004 but countries like Zimbabwe which did not sign still have an opportunity to be parties to this Convention through accession. Let me now say a little bit about the guiding principles of the FCTC as set out in Article 4:
- Every person should be informed of the health consequences, addictive nature and mortal threat posed by tobacco consumption and exposure to tobacco smoke.
- We need strong political commitment to develop and support comprehensive multisectoral measures and coordinated responses, taking into consideration:
- the need to take measures to protect all persons from exposure to tobacco smoke;
- the need to take measures to prevent the initiation to promote and support cessation, and to decrease the consumption of tobacco products in any form;
- the need to take measures to promote the participation of indigenous individuals and communities in all tobacco control programmes;
- the need to address gender-specific issues in tobacco control strategies.
- International cooperation, particularly transfer of technology, knowledge and financial assistance.
- Comprehensive multisectoral measures and responses to reduce consumption of all tobacco products to prevent the incidence of diseases and premature disability and mortality due to tobacco consumption and exposure to tobacco smoke.
- Deal with issues relating to liability.
- The importance of technical and financial assistance to aid the economic transition of tobacco growers and workers whose livelihoods are seriously affected as a consequence of tobacco control programmes.
- The participation of civil society as essential in achieving the objective of the Convention and its protocols.
Article 5 sets out the obligations of the State under this protocol, and these include employing effective legislative, executive, administrative and other measures to achieve the stated objective. In particular, the State must protect public health policies so developed from commercial and other vested interests of the tobacco industry according to national law.
The main provisions of the QHO FCTC include demand side and supply side management as follows:
The core demand reduction provisions in the WHO FCTC are
contained in articles 6-14:
Price and tax measures to reduce the demand for tobacco, particularly for the youth, and may include restrictions on the importations of duty free tobacco products by travellers.
Non-price measures to reduce the demand for tobacco, namely:
- Protection from exposure to tobacco smoke in indoor working places, buses, kombis, and other public places.
- Regulation of the contents of tobacco products;
- Regulation of tobacco product disclosures, including disclosure of all toxic constituents and emissions.
- Ensuring that tobacco product packaging and labelling do not promote a tobacco product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions, including any term, descriptor, trademark, figurative or any other sign that directly or indirectly creates the false impression that a particular tobacco product is less harmful than other tobacco products. These may include terms such as “low tar”. “light”, “ultra-light”, or “mild”. Health warnings describing the harmful effects of tobacco use will also be prescribed for every packet of tobacco product.
- Education, communication, training and public awareness of tobacco control issues, in particular the health risks and the addictive nature of tobacco consumption and exposure.
- Put in place a comprehensive ban on tobacco advertising, promotion and sponsorship subject to our legal environment; and,
- Promote cessation of tobacco use and provide adequate treatment for tobacco dependence.
The core supply reduction provisions are contained in articles 1517:
- Combat illicit trade in tobacco products; this includes putting in place a tracking and tracing regime to assist in investigation of illicit trade.
- Prohibit sales to and by minors; prohibit the manufacture and sale of toys, sweets, snacks and other items that appeal to minors, in the form of tobacco products.
- Provide support for economically viable alternative activities for tobacco growers and workers, in cooperation with regional and international organisations.
Article 19 deals with issues of civil and criminal liability, including issues of compensation. State parties are to cooperate with each other through the COP and exchange current information on health effects of tobacco, share information on legislation and regulations, and assist each other in legal proceedings relating to criminal or civil liability.
Mechanisms for scientific and technical cooperation and exchange of information are set out in Articles 20-22. Parties are to initiate and cooperate in research that addresses determinants and consequences of tobacco consumption and exposure to tobacco smoke, as well as research for identification of viable alternative crops. National, regional and global surveillance of tobacco should be integrated into the tobacco control programme.
Article 21 sets out the reporting requirements under this Convention, and the information that should be reported on and shared by the parties. The reporting interval has been set at 2 years by the COP.
Article 23 to 27, to establish the institutional arrangements and financial resources of the Convention.
The Conference of the Parties is the governing body of the WHO FCTC and comprises all Parties to the Convention. It regularly reviews the implementation of the Convention and takes decisions necessary to promote its effective implementation. The Conference of the Parties may also adopt protocol, annexes and amendments to the Convention. Its regular sessions are held every two years.
The Convention Secretariat serves the Conference of the Parties and its subsidiary bodies. It supports Parties in fulfilling their obligations under the Convention and translates the decisions of the Conference of the Parties into programme activities. The Secretariat cooperates in its work with relevant departments of WHO and other international organisations and bodies. Both national and international resources shall be employed to achieve the objective of this Convention.
Zimbabwe wishes to accede to the FCTC with the following
interpretive declaration:
- “The Republic of Zimbabwe declares that the national strategy targeted at encouraging tobacco production and exports will continue to be pursued because of tobacco’s critical contribution to the GDP”.
- In addition, Zimbabwe declares it to be imperative that the
Convention be an effective instrument for the international mobilisation of technical and financial resources in order to help developing countries to make economic alternatives to the agricultural production of tobacco viable, as part of their national strategies for sustainable development.
- Zimbabwe also declares that it will not support any proposal with a view to utilising the Framework Convention for Tobacco Control of the World Health Organisation as an instrument for discriminatory practices to free trade and competition.
- The Government of Zimbabwe declares that, in the context of Article 5.3 and noting the chapeau to this declaration, consultations in respect of this treaty will be in accordance with the laws of Zimbabwe.
- The Republic of Zimbabwe declares that its interpretation, in the context of Article 21.1 (e) (4) of the Convention, is that the implementation of Article 13.4 (d) of the Convention, concerning disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited, will be subject to national laws regarding confidentiality and privacy.
- In considering the protection of the country’s interests upon acceding to the FCTC, it should be noted that Article 30 of the FCTC states unequivocally that; “no reservation can be made to this treaty”
In this regard, Zimbabwe, therefore signs the FCTC with the
Interpretative Declaration as per the United Nations Treaty Clause 3.6.2
Interpretative Declaration. This is the essence of the FCTC Madam Speaker and I lay it before the House for approval. Thank you Madam Speaker.
Motion put and agreed to.
On the motion of THE MINISTER OF HEALTH AND CHILD WELFARE, the House adjourned at Twenty Seven Minutes to Five
th June, 2013. o’clock p.m. until Tuesday, 11
PARLIAMENT OF ZIMBABWE
Tuesday, 21st May, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENT BY MR. SPEAKER
DISTRIBUTION OF T-SHIRTS
- SPEAKER: I wish to inform the House that the Election Resource Centre, through the Public Relations Department is distributing t-shirts to Members of Parliament. The t-shirts are aimed at encouraging young people to vote. Public Relations Officers will be outside the Members’ Dining Hall today and tomorrow issuing out the t-
shirts.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
First Order read: Adjourned debate on motion in reply to the
Presidential Speech.
Question again proposed.
+MR. P. SIBANDA: I want to thank you Mr. Speaker Sir, for the opportunity that you have given me to contribute to the speech that was delivered by the President. When we take a look at the President’s Speech, we realise that the President highlighted several ways that we can use to improve our country. The President indicated that his desire is for this country to have a vibrant economy. He also highlighted that we should not be a violent nation, especially during the campaigns and elections periods. One thing that I was not happy with Mr. Speaker, is that when the President was addressing the House, some people outside were busy engaging in violent, beating each other.
The President also alluded to the fact that, in as much as the Constitution took so long to be brought to this House for debate and for it to become a lawful document, the people of Zimbabwe worked together. Now, everyone is happy about the Constitution, especially after the House of Assembly passed it.
The President again touched on how we can improve our economy, the infrastructure and also upgrading some ministries. He talked about provision of medication and the understaffing of nurses and doctors in our hospitals.
Coming to my constituency, I have 15 wards. When I highlighted
the infrastructures that are there, especially on roads, we realise that it is difficult to move because of potholes especially on the Binga-Bulawayo Road or Kamativi. When you pass through Tinde and Kariyangwe, one is forced to drive at a speed of between 0 - 20 km per hour. It is difficult to travel along that road because of potholes.
Siyabuwa – Gokwe road is a big road that is supposed to be developed if there was money. Construction of this road should have started long back, but because of our economy, nothing has been done so far. However, what I did not understand is the stament that was said by the Minister of Transport and Infrastructural Development, Minister Goche, when he said that Binga has no market whilst Binga is a holiday resort area and there are many safaris surrounding that area. This country gets so much money from Binga even though Minister Goche said there is no income that he gets from Binga, which is not true.
When we come to education, the Ministry of Education - we have a shortage of teachers and there are few professionally qualified teachers in that area. There are few colleges also that offer such qualifications for teaching practice around Binga. There are few children who pass their studies although they would have used the little resources that they have.
In the schools, there are no benches and chairs. Practically, there are no materials to use. Some of the children write sitting on their chairs without desks, while others sit on rocks. We are therefore, asking the Ministry that is responsible for giving the Ministry of Education funds, to allocate adequate funds to the Ministry. I also realise that even the District Office is having difficulties in travelling to such areas because of our poor roads. Most of the schools are far from each other and the roads are so bad that they cannot even use public transport.
When it comes to ZRP, I realised that many people are committing crimes, especially those who are taking cows to Zambia but nothing is being done to them. Is it not possible for the Ministry of
Home affairs to put up offices along the Zambezi Valley so that people who are poaching or engaging in cattle rustling will not be able to do so because of tight security. May the responsible Ministry try to allocate enough resources to the police so that they would be able to do their routine patrols.
We also realise that in the District Administrator’s office there are a few cars that were allocated to their office, making it difficult for the District Administrator to move around checking or to even visiting the chiefs.
The prisons, I am so happy that they have been allocated cars although it is only one car that they were given. We were expecting that they will be given more cars. We realise that even the blankets that were allocated to the prisoners are not enough. The blankets are few especially in this cold season.
In hospitals, there will be only one doctor or one nurse whilst we have so many sub-clinics. I would want to urge that we have more doctors in such areas to assist the Binga people. Additional vehicles will also be of assistance to the District Administrator in making their routine check in clinics. In Binga there is a malaria outbreak. Malaria is a disease that is common in Binga but there is nothing that the Ministry of Health has done as a preventive measure. We are therefore requesting that the Ministry allocate us enough funds for equipment in all the clinics.
National Parks were not given enough boats so that they can patrol along rivers. They also do not have vehicles to move around checking for poachers who move from Zambia so as to control this problem of poachers coming from other countries to our country. It is so difficult for them to implement control measures because they do not have the resources to use. The only resource that they were given were computers and there is nothing much that thay can do with computers. They can be able to see that there is a poacher coming in but there is nothing that they can do practically. When we look at the Zambezi River, we realise that it is one of the major rivers that we have in Binga. The Zambezi River is where we get most of our resources. Also we would be happy if most of the camps that were closed could be opened.
I also want to touch on CMED, we realise that it is the only distributor of fuel that we have in Binga and it is the only company that is fixing Government vehicles, but most of the times, CMED does not have fuel to fuel our cars. It has been three months now without fuel in Binga and people are not able to move due to lack of fuel. People have to walk for long distances because of lack of transport. Therefore, I would like to urge the Government to allocate enough fuel to CMED.
When it comes to the Registrars’ Office, we ralise that there is only one registrars’ office. If only we could have more registry centres in different wards so that people can get birth certificates and national identity documents.
The Government Ministry that looks at the issue of civil servants, especially the teachers and policemen who work in rural areas also do not have cars and have to walk long distances or those who are trying to monitor the working systems in rural areas will have to walk long distances too, especially in Government institutions like police, registry and AREX. We therefore urge the Government to allocate enough vehicles to all ministries. AREX does not have cars or motorbikes that they can use as their mode of transport when they are monitoring the farmers’ performance on fields. We are therefore, urging the Government that if they get resources they should allocate them accordingly and equally to all ministries.
When it comes to cotton farmers, Binga is an area where cotton is planted but the money that they get is 35c which is Grade D. I therefore urge the Ministry to try and help so that they can get at least 85c or $1 which is the money that they received last year.
- MUDARIKWA: My contribution to the Presidential Speech is basically based on a few items. The first one is when the President addressed the august House, he thanked COPAC and hon. members for a job well-done. I also want to salute COPAC and the COPAC Management Committee for a job well-done. I also want to salute the people of Zimbabwe for having produced a Constitution and thank
Parliament of Zimbabwe for passing the Constitution.
Mr. Speaker Sir, Zimbabwe is going to have the United Nations World Tourism Organisation General Assembly in Victoria Falls. This will take Zimbabwe to greater heights, but there is need for the Minister of Tourism to come on a monthly basis to inform the august House on the progress that is happening there.
Also Mr. Speaker Sir, encourage hon. members to visit the Victoria Falls so that we have domestic tourism. Yes, some are saying we have no money but we can organise as a group and go and see for ourselves what is there and this will assist us in understanding the value of what we have in Zimbabwe.
Mr. Speaker Sir, the issue of the Constituency Development Bill was supposed to come to the august House. However, it did not come, but the little bit that we got for the Constituency Development Fund, in my Constituency, Uzumba, we managed to establish Dr. Gurney Irrigation Scheme. We also had Mutize Primary School. Kids were walking 15 kilometres and this school is now assisting in that area. We have Nyaitenga Irrigation Scheme where our farmers are now producing vegetables to Mbare Musika. We have Chidodo Clinic which is still under construction. We have Chimodzi Dip Tank and last week the cattle started dipping there. We have Rukariro Secondary School, Nyaruchera Primary School and Nyashonjwa Primary School.
What we are facing Mr. Speaker Sir, is a situation where there is a need for the Constituency Development Fund because development in Zimbabwe always follows where there is a Mercedes Benz. So, there is need for the hon. Members of Parliament to be directly involved in the development of their Constituencies. I hope the Hon. Minister Matinenga will bring in the Bill for the Constituency Development Fund.
The issue of our agriculture Mr. Speaker Sir, is the element of no credit lines for agriculture. Also, we are facing a very difficult situation. Importation of vegetables has destroyed our agriculture. Our priorities need to be prioritised. There is need to establish irrigation schemes in the communal lands. This year, I will appeal to the august House that if anyone delivers maize to the GMB, he must be paid on the same day because we faced with a situation where it took a year without any payment to the farmers for the maize delivered. We need to allocate more money to AgriBank for it to assist the farmers.
There is need for accountability. Communal lands used to produce
80% of the maize consumed but because they were shortchanged by GMB, they delivered maize and they were not paid. Now, our communal farmers have joined the begging bowl and they cannot develop the agriculture on their own. There is need to start production of stock feeds and deliver them to Matabeleland at a reasonable price for the farmers to benefit.
There is also need for serious control of veld fires. This is destroying our economy because most of our cattle do not have anywhere to graze. The history of our mining industry Mr. Speaker Sir, dates back into the times of Munhumutapa Kingdom, when the people of Zimbabwe were trading in gold with the Portuguese. It is critical that we continue expanding the small scale miners, the so called makorokoza. In other countries like West Africa, gold panning has been declared a poverty alleviation programme so that it gets funding from the international community.
The other most important thing is that Zimbabwe has almost all the minerals but on the ground…
- SPEAKER: Order, Hon. Mudarikwa, I am advised by
Hansard people that they cannot hear you. Kindly move forward and use the microphone on the front.
- MUDARIKWA: Thank you Mr. Speaker for the promotion.
Maybe in the next Parliament I will be a Minister.
Mr. Speaker Sir, I was on the history of the mining industry of
Zimbabwe. It dates back to the time of the Munhumutapa Kingdom. The miners that we had during the Munhumutapa Kingdom, there were no engineers and they were simple miners but they managed to attract the Portuguese to come all the way from Beira to Zimbabwe and traded in gold. Our Government must take gold panning as a poverty alleviation programme to remove poverty in the communal lands. The current gold price is unacceptable because the situation is that most of the small scale gold panners are paid 15% less that paid at the London Metal Price. They then pay presumptive tax and royalties. This creates a situation which then encourages smuggling.
Mr. Speaker Sir, our diamonds – we are very rich in diamonds. In the whole of the SADC Region, we are a country where we can move around and get the diamonds and just put them in your pocket. But, there is no income to the economy because most of the agreements that were signed in the diamond industry were not brought to the august House. There is need for people to realise that all agreements to be signed, they must be brought to the august House for verification, then we offer a free service to these people so that the nation can have a benefit.
The issue of exploration is critical for any development of the mining industry, but it is critical that we engage the relevant international organisations that are involved in the actual exploration and not the current situation where we try to drill a borehole as if we are drilling a borehole for water. We must move with times like what I am doing. I am now debating using my iPad. We must move with technology because it is critical Mr. Speaker Sir that as we move, we must never continue to be BBC which means those born before computers.
Staff retention Mr. Speaker Sir, is very critical. The Ministry of Mines needs to give incentives to the workers, engineers and everybody to remain in the Ministry of Mines.
Computerisation of mining title is critical Mr. Speaker Sir. Other countries as we talk now, just mention a name and they give you on the computer the mining title, GPS Coordinates and everything. We are developed and we are educated. We have a Minister of ICT but when you go to most of the Ministries, you see people carrying bundles and bundles of files. We must always continue Mr. Speaker, to move with times. We must also increase the mining districts in the Ministry of Mines. Just as an example, the mining district of Harare goes up to
Nyamapanda and to Mukumbura. It is one mining district. We need to have more mining commissioners and also, there is need for transparency.
Mr. Speaker Sir, on the issue of chrome production, it is a sorrowful sight when you go to the chrome dyke. We are the only country that was given a mountain of chrome dyke – from Mtorashanga to Bulawayo and up to Lalapansi. All those areas are full of chrome but we are not exporting the chrome. Even the chrome that has been dug is sitting there in mountains and mountains of chrome and we have the skills of our people. They have the capacity to dig the chrome, but now the chrome is not being exported and our brothers are using those skills now in digging mice. This has no value to the nation. We must continue to appreciate the value of the minerals. A poor man, when you go into the history of poverty – poverty is the inability to utilise the resources around you for your personal, family and international benefit; but Zimbabwe, we are missing this point. We need to continue to realise that all the minerals are there for us. There is need for value addition.
When we talk of value addition, we are transforming. If you look around in this august House most of the suits we are wearing are from China and that shows there is something wrong in our way of doing business. Why should we be wearing a suit made in China when cotton is produced in Muzarabani and Gokwe? It is critical that we value add, produce our own suits even if they are of poor quality but “yours is yours”. You must be always proud of your product.
There is a need of setting up a Mining Development Bank. When we have a Mining Development Bank, it is going to assist Zimbabweans in the creation of employment. It is going to assist Zimbabweans in mining. Last week when I was in Johannesburg, it was a sorrowful sight to see a graduate in Mathematics working in a hotel as a waiter. This is unacceptable. We must never allow such a situation where our intellectuals are being misplaced, misused, abused and any other name that will suit the type of work they are doing.
We need to develop our railway system. Our railway line now needs urgent development for the benefit of the mining industry. There is need for consultations with the Chamber of Mines. When you go into the history of coal, we are sitting on the best type of coal in the whole world. We must take a leaf from Mozambique. What the Mozambicans have done is that they have billions and billions of investments. We have many people who are sitting on the mining claims for the purpose of speculation.
For any mine or industry to develop, there must be energy available. Our situation is that the little bit of energy we have got must be managed properly. The issue of prepaid meters is our national responsibility. If we are putting prepaid meters it must be for everybody. Our situation is that prepaid meters are being put to my house and other people’s houses. There are no prepaid meters in Government institutions and yet Government is the largest consumer of electricity. There is a need to make sure that there is no discrimination in the installation of prepaid meters. It must be for everybody.
The issue of demand side management is critical. We must learn to save the little bit of what we have. You go to any Government building in the middle of the night, electricity is on and air conditioners are on, they do not care. It is free for all. This must be addressed.
The Gokwe Thermal is one area which shows our total ignorance. Gokwe Thermal was pegged in 1972 but up to now nothing is happening. It is going back and forth to the minister, back to Rio Tinto and back again to the minister. One day they say it will happen but we will all be dead. We want these things to happen when we are still alive. There is also need for us to pay our electricity bills. It is critical that we assist ZESA to move forward.
There is need to bring in duty free vehicles that run on 100% blend. These will reduce the national energy bill for Zimbabwe. We need to have vehicles that are 100% blend, tractors that are 100% blend and then we manage our economy in the interest of everybody. Chisumbanje Project is not a project for one Province or District. It is a national project because the construction of Kondo Dam is going to affect the people in Buhera, Wedza, even up to Seke. Kondo Dam is one of the dams that is going to feed into Chisumbanje Irrigation Scheme. It is critical that we manage these national projects in the interest of Zimbabwe.
There is an urgent need for dualisation of our national highways. The carnage on the road has reached an unacceptable level. We must not think that all is well when we hear that everyday there is an accident. It is luck for some of the people with modern vehicles with airbags, they can survive. Also, some people with big tummies, they have what are called natural airbags. After an accident they can survive but for people who do not have airbags and vehicles without airbags, they face a very difficult time.
There is need for ZINARA to just put the money they want for vehicle licenses in diesel. Each time vehicles are being licensed, you go to ZINARA offices, it is sorrowful because people will be standing there. The people who are employed there are semi computer literate. People are wasting time. Why do you not just put 2 cents per litre to cover the licensing of all those vehicles and we remove the human hand?
There is need for upgrading the roads in my constituency because they have reached levels that are unacceptable.
There is need for the creation of meaningful youth projects that will assist our youths. Cross boarder traders are critical for the development of our economy and our families. We must make sure that most of our cross boarder traders pay using plastic money. Our cross boarder traders must never be harassed by ZIMRA.
Last week I was in Chivhu, I saw a ZIMRA roadblock. Is there a boundary or have we acknowledged the existence of the Republic of Enkeldoorn where we think that these people are coming in from a new country? If somebody is cleared at the border, that is it. People must move freely. It gives a terrible image for the country.
Our parastatals remain the biggest burden to the Government. They have never paid any dividend. There is a big asset trimming programme where people are saying the parastatals are making a loss every time but nobody is resigning. It is critical that we implement what is in the new
Constitution to say that these permanent Chief Executives in parastatals must now go home or must go into agriculture. Parastatlas are national assets. They must never benefit an individual.
E-learning is critical for the development of our economy. The programme that has started must roll out to all the districts in Zimbabwe. It is important that this ministry is funded for the benefit of our young kids so that they go and be accepted because they are computer literate from a young age. It is critical that there is no way that we can continue to concentrate on a calculator. We must move with time.
The Government cadetship programme is now a disaster. We must, as the august House, recommend that all the cadets be paid because our sons and daughters are now suffering. They cannot go back to school.
The money is not there.
Vocational skills are critical for the development of any economy. I can give you just a rough idea of the pass rate of few secondary schools in my constituency. Chipfunde Secondary School in 2010, the pass rate was 0%. What it means is that we have 100% people who have to go to vocational training. Chidodo Secondary School, in 2010, had 6% and in 2011, had 7% pass rate. We have 93% of students needing vocational training. If we go to Chitimbe Secondary School, it had 13% and 25%.
Therefore 75% of the students need vocational training.
If we go to Uzumba High School, it had 45% and 49% pass rate.
So 51% of the students need vocational training. Morris Secondary
School had 0% and so 100% of their students need vocational training. Mr. Speaker Sir, I am highlighting this because we are sitting on a time bomb of our unemployed youth who have no skill. We must give our youth relevant skills for the benefit of this country. It is also for the benefit of our economy.
My recommendation is that all the vocational training centres be given a priority in the funding and staff allocation. We must create a team of builders that will assist in teaching the students. We must assist Jairos Jiri which trains all the disabled people. We must increase their grant so that the nation continues to have skilled people. The Minister responsible for vocational training centres must also continue to come and brief the august House on what is happening.
Mr. Speaker Sir, the nation is going to have elections. We hope and pray that we will have very peaceful elections. Those who will have lost must lose with dignity and those who will have won must also win with dignity. Our Parliament must also assist in training some of our hon. members because there are other hon. members who have not debated since the opening of the august House. These hon. members must be given awards for coming to listen. It means they were listening attentively and that is why they were not debating. So we must salute them for having listened attentively.
Mr. Speaker sir, the challenge I give to all honourable members is to thank those who were listening whilst I was talking. Those who were not listening, I also want to thank you because you were not making noise. Those who were sleeping, I also want to thank you because you did not produce ngonono. It was a smooth sleep, a dignified sleep.
Mr. Speaker, I want to close by this small saying, “the slow motion of a cheetah is not its weakness”. I now lay my report to you Mr.
Speaker Sir and thank you again, for allowing me to debate on this motion. Maybe, it is my last day to debate but I want to thank you Mr.
Speaker Sir. We worked together in a brotherly manner, as comrades, as
Zimbabweans, as SADC members and we worked together as Pan Africanists. Thank you Mr. Speaker Sir.
- J. M. GUMBO: Thank you Mr. Speaker. I rise to thank Hon. Sibanda and Hon. Mudarikwa for the contributions that they have made today. I also want to thank other members who contributed on this motion. It has been a motion which has been on the Order Paper for a long time. It is a motion that allows members to speak on various issues that affect their constituents and constituencies. So it was an open check to us and all that remains for me now is, to thank those hon. members and request that the motion be adopted and the President be informed of our pleasure for the speech that he was pleased to deliver to us. Mr.
Speaker, having said that, I therefore move that the motion be now put.
Motion, that a respectful address be presented to the President of
Zimbabwe as follows:
May it please you, Mr. President;
We, the members of the House of Assembly 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, - Put and agreed to.
MOTION
VOTER REGISTRATION EXERCISE
Second Order read: Adjourned debate on motion on Mobile Voter Registration Exercise.
Question again proposed.
*MR. CHIMBETETE: Thank you Mr. Speaker Sir. What
surprised me is that when the day of mobile registration started in Nyanga at Nyatate Centre, I was in Nyanga but unaware of that development until Tuesday. This was on the 29th of April 2013. As I was busy at the communal home, I heard that there was a mobile registration exercise at Nyatate. Upon arrival, I saw a lot of potential voters being turned away because they did not have adequate documentation to register as voters. I then phoned and called the Chairperson to bring the mobile registration staff to Nyanga. From the 29th, they left for Nyanga North and came to St. Monica Primary School. It then went further to Fombe Primary School, Avilla Mission and to Chabatarongo. It returned to Nyanga North on the 14th of May 2013. They worked at Chitombo and then went to Ruchera and ended on the 19th of May, 2013.
You can see that out of 31 wards, only 7 wards were serviced. This means that 24 wards were not attended to until now and the mobile registration exercise stopped. Mr. Speaker, I put my voice that there is need for the programme to be restarted and that this registration exercise be done on a ward basis so as to enable all the wards equal opportunities for registration. We hear that favouritism would come to play based on the people who support a particular party in a particular ward. I deplore such exercises. I urge you Mr. Speaker, to ask the Minister of Finance to provide funding so that the exercise can be re-launched for 30 days. For those 30 days, registration should be based at ward level. There were also logistical problems -people did not have bus fares to travel to the registration centres. There are a lot of people in my area who do not have I.D.s and birth certificates. From my ward to Nyanga, one requires US$10 for the trip. It is difficult for a rural based person to come across US$10. If the registration is ward based, all the people will be able to register.
- MADZIMURE: Mr. Speaker, I totally support the mover of the motion and would expect that the House will support Hon.
Chikwinya’s proposal. The issue of voter registration is very, very important in a democracy because that is the reason why the war of liberation was fought. The war of liberation was fought because we wanted our people to be afforded the opportunity to vote. During the Smith regime, Smith said that for people to vote in an urban area, they should have property so that you put your money where your mouth is. As Zimbabweans, we said no, we are all human beings and we have got a right to decide on our future.
The reason why people vote is not at the benevolence of the
Government or those who are ruling. It is because those people have a stake in the governance of a country. Every individual, in a way, contributes to the running of a country and contributes to the existence of a Government in the form of taxes that we pay. Whenever you buy something, you pay sales tax. If you are employed, you pay Income Tax and if you buy goods outside the country, you pay duty. This is the money that sustains a Government. As a result, the people have a right to decide on the Government that they want. This is done through an election where a party is voted into power by the people who have looked at the manifesto of that political party and say, here is a party that has policies that will see us through as a country and that will enable the country to develop. So it is not a favour for the people to be allowed to vote. People went to war because of that discrimination.
I heard, through rumours that voter registration teams were going to be sent to the districts to conduct voter registration. In my constituency, there was no single poster that informed the people that voter registration had started, not even a signage to point where the registration centres were. There was total blackout even on television and radio as to where the registration centres were situated. To make matters worse, they chose those centres where the least people voted during the Referendum, that is what they did in Harare. The most inconvenient centre was the centre that was chosen. You then ask yourself what the motive behind all this was. In my constituency, they chose Kambuzuma High 2 where we had only 215 people who voted for the Referendum, it is in the periphery of the constituency. I was of the opinion that they would make life easy for people, especially the elderly by having a central place to conduct registration but alas, I found out that they had a mission.
Mr. Speaker, my own reading of the situation is that, it was a well calculated move to make sure that it becomes extremely difficult for people especially in the urban areas to vote. Even at that remote place where the least people went to vote, the people responded because of the means and ways that we used to mobilise them. When the ZEC Chairperson, Judge Rita Makarau visited the polling station, the report which came out was that they found 500 people in the queue at the registration centre but there were more than 1 000 people at any given time for those two days. Of particular concern was the requirements for one to register as a voter. Those requirements were communicated to them by the officers when they were already at the registration centre. If you had a bill in your name, for example, W. Madzimure and your I.D. is Willias Madzimure, they would say, “how do we know that W.
Madzimure is Willias Madzimure, there are many W. Madzimure.” That would be used as an excuse for not registering you. If my child took the bill with W. Madzimure and his name is Lloyd Madzimure, they would turn him back and ask him to bring a letter from the father.
In one of the cases, a child went to register with a water bill.
When she got there, she was told that the mother should write a letter. She went back and the mother wrote the letter. She was turned back again and told to include her mother’s I.D. and her I.D. and she did that. When she came back, the officials told her that the mother was not the owner of the bill but the father. She told them that the father was late and they asked her to go and bring the death certificate. She went back and brought a photocopy of the death certificate and they told her that they wanted an original copy. She refused to go back home and told them that she was not going back home until they registered her. She stood her ground but how many people can do that? This lady is an enlightened girl who has ‘A’ levels. This can only be done by very few people, even hon. members in this House cannot do that. The majority of the people will simply walk away; they do not even understand their rights as well. – [HON. MEMBERS: Inaudible interjections] – only people like my muzukuru who managed to be a legislator when he was an alien can do that.
Mr. Speaker, you then ask yourself, why we make it so difficult for a Zimbabwean, a citizen of Zimbabwe to register to vote in an area where he or she wants to vote. What is the reason? If it was a byelection, you would say people are being bused from all over but this is a general election. Why do we make it so difficult for our own people? I have just discovered that the oppression that we suffered under Ian
Smith can be understood because he was a white person against the
black but our systems as black people have proved to be the worst. Mr.
Speaker the solution and I believe even the least educated Member of Parliament would understand that as a solution. We do not have a problem Mr. Speaker, the problem is the system of exclusion - A system which believes that that there are people who are more equal than others. What would then happen if you had all the requirements and the requirements were not even complicated? Mr. Speaker, those who are very quick in their thinking - because what they wanted was a letter which showed the identification of the person who is writing and the recipient. People could just write any Identification Number (ID) number which they wanted, they would still get away with it.
What I also discovered was that there are people who are privileged to register. In my Constituency, there is a cooperative called Joshua Mqabuko Cooperative. They had a form which they had to fill for all those people whom they perceive to be aligned to them, and had to use those forms to go and register This was a form from a new association which the Government does not even know. Mr. Speaker Sir, those bona fide people who reside in Kambuzuma did not manage to do that. My own analysis is that this is well calculated to make sure that the first time voter does not register. An alien who was born in Zimbabwe, who should naturally be entitled to vote like my muzukuru, those were also being denied to register on the basis that they are alien but the aliens who were born in Zimbabwe by law should be allowed to vote.
Mr. Speaker Sir, the reason is very simple – [AN HON MEMBER:
Hausati wavamutemo] – It is sad to realise that after all these years in Parliament, hon. members who have been in this House for five years cannot understand how legislation works and what legislation we have especially electoral laws that bring them to this House. It tells you that they came into Parliament through chicanery or by tsvimbo mugotsi.
Mr. Speaker these people do not deserve to be here.
Mr. Speaker, my analysis is very simple. The use of political violence is not going to work in this election. The world will not allow that. So, some people think that they can win this technically by disfranchising Zimbabweans to vote. You can see from hon.
Chikwinya’s analysis that in one province with a population which is a quarter of Harare, they had 100 registration centres compared to Harare which had less than 48 registration centres. Census figures are there for us to see.
The whole idea is to make sure that few people from the urban areas do register at the same time forcing those in the rural areas to register. Mr. Speaker the election before us is not going to be determined by the wishes of a political party, it is going to be determined by the people who have resolved that they will make sure that they choose a party that they believe in. If you also look at the ages that are being forced to register in the rural areas, we are talking about those people who are 40 years old. You ask yourself why a 40 year old was not voting. The person has a reason.
Mr. Speaker, I am of the opinion that ZEC should take charge of voter registration and that voter registration needs to be done again. Mr.
Speaker, voter registration is our right. The issue of Identification Cards (IDs) – [MR BHASIKITI-CHUMA: Takazvisupporter zvose izvo] – for Hon. Bhasikiti-Chuma to claim that he supported this thing so no one else should debate – his position as a Politburo member is of no consequence to this House. It adds no value at all in this House.
Mr. Speaker, when some hon. members came to this House, they looked really pathetic…..
- SPEAKER: Order, order, Hon. Madzimure, refrain from straying from the motion please. Stick to the motion.
- MADZIMURE: Mr. Speaker, I am just asking ZEC to conduct voter registrations where all Zimbabweans are given the opportunity to register. Mr. Speaker, I cannot be in the business of transporting people to the registration centre myself or to the Registrar-
General’s Office myself. I do not have mangoes to sell for me to get the money like other hon. members. I cannot grab a farm because my conscience tells me I cannot do that. The money I have, I worked for and it is not my responsibility to do that.
Mr. Speaker, I totally support Hon. Chikwinya’s resolution that the
Minister of Finance must make funds available – [MR BHASIKITICHUMA: Is that a resolution] – whatever is resolved is a resolution, so if you ended up in Standard Six and went to a teacher’s college, you cannot comprehend some of these issues. Madam Speaker, I totally support the motion and support even what the Chairperson of the ZEC said that it was chaotic and something that should not be seen in a civilised country like Zimbabwe. Let us allow our people to register. Let us allow those people to make their own decisions after all no one can claim that whoever registered is from my party because a person can change overnight. There is no assurance that those who think that the people who are registering from a certain province where they perceive themselves to have a majority, the outcome will be the same. Let us campaign peacefully, let our people register and go to elections. If hon. Bhasikiti-Chuma is going to be elected on that basis, I will congratulate him. Thank you Madam Speaker.
- GUMBO: Thank you Madam Speaker. I rise to just add my voice to this very important motion which was moved by Hon. Chikwinya. I could be repeating what other hon. members have already said because I was not present when he moved the motion. What I want to say is that this is a meaningful motion that should not be confused by people trying to politic because what is stated in the motion is what we support. We have all been affected across the board as Zimbabweans.
My point here is that, we should allow Honourable Chikwinya, because we have no time, to wind up the motion which I think we all support because it is meaningful. This did not affect only one person or only one political party as you will want to portray from the debates that I am listening to. I also come from a rural constituency whereby one chieftain area had just one point only for people to go, register and check for their names. It was pathetic and we all agree that this exercise should be given time. I think it is very clear that in the new Constitution that we have already passed here, which I think is waiting assent by the President, we should be given time as per this Constitution, that is 30 days, for our people to register. That will assist us.
As one of the speakers said, when we look at people going to register, we should not sink so low as to think that those who go to register at a particular point support your political party. You might be very surprised because your vote is your secret. Let us just look at it from the legislative point of view, which I think Honourable Chikwinya has done. Let us support it from that perspective, that this is a very important motion. Maybe we should have moved this motion earlier and resolved as a House what we think affects most of the people in the country, so that they can have the necessary documents and exercise their right to vote.
Without wasting much time, Madam Speaker, I support the motion. All I want to say about the other part that Honourable Chikwinya wants us to resolve on, which is the last point that we bring in the SROC, I do not know whether it is necessary. I believe on the first two points which you made, that is, the involvement of the Ministry of Justice for a repeat of the exercise; and that the Ministry of Finance provides the necessary funding. We know that we have got problems as a country but this is an important exercise. If we are going to have elections, let us push the Government as Parliamentarians that they put their heads together and put some money on the table. This will allow this exercise to be executed properly and also for our people to get the necessary documents.
It is pathetic that there was not even dissemination of information, particularly in the rural areas. They just went around telling the chiefs and you know what chiefs will do. They should have told the politicians who are interested in seeing that people register to vote for them but we were not told. It does not matter. I do not know in other areas but where I come from, not even the MDC guys or the ZANU PF guys in politics were aware of the exercise including myself. We only heard that people had gone to a point and they just had one day in a chieftain area, a constituency where you have got over 26 000 people who might have voted.
We have got many entrances and new people coming. The requirements were not very clear. When they first went out to do the exercise, some of the officers were using a circular which had been passed in April but there was a new circular that had changed the scenario for registration. So, I think we are just wasting time on this issue because we all agree and I think from our side, we agree. Let us have this exercise redone. Let us push the Government to redo it and we support it.
I want to say to Honourable Chikwinya, this is a well meaningful motion and we totally support it. You can move it and it will have our blessings as well. Thank you very much.
ENG. E. MUDZURI: Thank you Madam Speaker. I really want
to support the previous speakers and I feel that we should add another recommendation where ZEC takes charge of its responsibility. I say so because here, we are now asking the Minister of Justice to ensure that the exercise is redone, when it is ZEC that should take its responsibility to ensure that everyone registers. As has been argued elsewhere that there has been poor registration, in my constituency, we ended up sending people back without registering. This was because of the same reasons which were given by Honourable Madzimure that people were turned back several times.
I confronted the registration officers in my constituency, asking about the conditions that are required for someone to register. I noticed that there was a table which Honourable Dr. Gumbo has mentioned, which had the last requirement that says you can use an affidavit for yourself to confirm where you are staying. That was not being applied. The argument that I was told was that they were not given that instruction. I made the effort of phoning the Registrar General’s office, Mr. Muchemeyi. He said this can be handled by Mr. Mudede. I went on to Mr. Mudede’s office and asked what it means and he said it has not yet been gazetted but was likely to be gazetted soon.
In the requirements, there was a clause stating that the registration officer may register a person when there is enough evidence of a person staying at the residence purporting to be. I cannot quote everything that was there but it was either item L or G. When I discussed with the RG to say this item gives someone the right to even say I have got proof of residence which I was given by the owner of the House, now I can go and register and even if with the same surname, he said no, it does not mean you stay there. I then asked him if I should write a letter for my wife, my son and everyone because the mere fact that the person has taken a utility bill from my house means he has authority and has access to that house.
The purpose of the registration is meant for a person to identify where he wants to vote from rather than where he is lodging because this is a national election. Like what Honourable Madzimure has said, you cannot vote in two places. Even if you bus people as much as you want, that person ends up in one station where that person wants to vote from and that is the purpose of registering. Family members are finding it difficult, in case your father is not there or is late to write these letters.
The problem that I had was that the staff wanted to get instructions from Mr. Mudede. So, I took a trip to ZEC offices and when I got there, they were in a meeting. I am still waiting for a call from Dr. Sekeramayi because I told him that I would like to discuss with him about the requirements they have agreed on with Mr. Mudede for people to be able to register. People were being turned away in thousands and were not able to register. People are not that patient because they do not benefit anything other than to say “I want to vote this year” and they need to be in the register.
ZEC seems not to be coming back to us. I also encountered a scenario where people in different political parties thought that kune munhu anogona kufamba nemunhu. It is not true. I can bring in a thousand voters and they might never vote for me. Someone from another political party became so violent at a registration centre and I reported the matter to the police. He wanted to attack me saying that I was not allowed to ask and that I should leave that place. I told him that, I am a Member of Parliament standing for you and I am only asking for these requirements which were gazetted on Friday, whether they were now effective or not. He was saying ibva, wakaita something nezuro, talking all sorts of abusive words and almost assaulting me. I told the gentleman that if you see someone registering whilst smiling at you, he/she may vote for you because that person might be afraid of you or that person might be pleasing you for that time. If I register people zvechitsotsi they might never vote for me.
So what we need is to have this spirit of allowing Zimbabweans to register to ensure that they have a chance to choose their own candidate when the day comes and there are still weeks to come before an election. However, politics changes overnight – you might think you are popular today and you are very unpopular tomorrow and people will have to do that choice. So let us use our respective offices, we are legislators, when we go there, we are not going to choose a side, we are going to represent everyone. Let us also accept that there are landlords who refuse to write letters for others, which mean the aspect of an affidavit, if somebody lies within the affidavit, then it is their problem, they would have determined where they want to vote for and it becomes easier for the registration.
But what came out clearly was that there were no affidavit forms first, and then secondly there was no Commissioner of Oaths to confirm those affidavits. So these things are needed so that some of these officers are allowed to be Commissioners of Oaths to allow people to register on the spot. I want to say we cannot further debate this issue as my colleague says, but we need to consider that all those areas where we have not polished, in the next 30 days, it must be agree by all Parliamentarians and Central Government that we do not wait for an instruction, we wait for instructions that are determined by this august House, that are determined by the law to ensure that people register and they do not wait for instructions, they wait for what is coming from the law.
With these words, I want to reconfirm that let us add the recommendation where Zimbabwe Electoral Commission (ZEC) becomes fully involved and when ZEC is fully involved, it must be answerable for any mistake that is done by the Registrar General.
MRS. MATAMISA: Thank you Madam Speaker, let me start by
thanking hon. Chikwinya for bringing this very serious motion into this House. Madam Speaker, I will start by registering my descontence to what has been happening through the period of voter registration which is supposed to be an on-going activity because voter registration does not end by elections but it continues on and on, so that people continue to have their names added to the Voters’ Roll.
However, as I am standing now, Kadoma is one of the places where this serious mechanism of trying to remove people from the
Voter’s Roll has been happening and for interest sake, there was not even a single centre put in any single ward in Kadoma. Out of the 13 wards, there was no place where people were supposed to go and register for the forth coming elections. Now, this is a problem, Madam Speaker, because when I went to inquire, before the 29th, I was just visiting the Registry Office and I found what was happening. In
Kadoma, people came in buses from the outside constituencies, Chakari,
Sanyati, Mhondoro Ngezi, that is the Central Registry and those who came in buses, were the only people being attended to. The people from Kadoma do not need to bring buses, but they walk to the Registry because they belong there and these people have never been attended to. They were being sent away and one of the days I even met a Councilor who was sending away these people and we almost fought there.
Madam Speaker, what we are talking here is reality on the ground, this is what is happening. Some of our friends out there, having seen that some of the constituencies are now a no go area for them also because people know their dirty tricks, they have been promised heaven on earth and they have seen nothing, so they now want to show them their true colours that they cannot vote for them. So the best method they are now employing is to make sure that they dis-enfranchise the people of my constituency. They have not yet started registering to become voters.
Hence this very serious motion is promoting what I have come here to debate on, to say that we have to continue this voter registration exercise and on a serious note; every ward must have a centre for people to register and not send the only mobile that we have in Kadoma, Sanyati and Chakari which was made up of the people at the Central Registry and it was sent out. The main Registry was closed for all these days with nothing happening. As from the 29th when they started this mobile registration, Kadoma Central Registry was not functioning because if it went on functioning, it would mean Kadoma people would also register. So I think it is really important for us as Legislators to correct what can be corrected when there is still time and I am saying that the registration process must be started afresh so that all the people can have that platform to register.
I feel, Madam Speaker, that as if it were not enough, as long as we have this Registrar’s Office registering our people to vote, we will never get all our people of Zimbabwe reaching that chance of registering.
Mudede’s office is dis-enfranchising Zimbabweans who have a right to choose their own leaders. Now one questions, what is the role of ZEC? Why did we have to put ZEC in place, if it cannot take its real position and start to do its work which it was set for? It is a problem and I think we are losing out on that, if we do not implement the policies that we put in place, then we are failing the nation. So we must voice together as Legislators to say ZEC must take charge, it is the role of ZEC to make sure all those who are going to vote, all those who are of age must be registered as voters in Zimbabwe before the time for election comes. It may sound sour to other people’s ears but this is the truth on the ground. We want our children, our relatives and everyone who is of age to go and register to vote. Everyone must be given a chance to exercise his or her constitutional right.
In preparation for the coming election, I really feel that as the motion speaks, it is important that the Ministry of Finance does seriously fund this exercise of voter registration, because when I went to our Registry Office, they said they do not have people to work, then I went to ZEC on the 29th when the exercise started, where they were busy playing games on their computers, I asked the ZEC leader why there was nothing happening in the Kadoma Office? She said she had not been given the mandate to recruit people, to keep the Kadoma Registry Office open. So these are problems that are being created by other people who do not want to see people of Kadoma voting. The truth is that they know the results before we have gone for the elections that they will not win Kadoma and so they do not want the people of Kadoma to be registered to vote. Instead they registered them somewhere and bring them in buses so that they vote there and take the seat from us Madam Speaker, let me say that this will be a non-starter, they know it but we are only saying, we cannot go into an election whereby the result or the outcome is already pre-determined, that is why we are saying it must be free for all, everybody must go and registered to vote. People must vote for the people they want, if they want this party or the other, let them vote for the people they want, that is it. Mr. Speaker, Sir with these words, I really and truly support this motion and the demands of the motion; I really recommend that they be met as they are because I see nothing wrong with everything that has been put down in this motion because it ensures that the Zimbabweans are in charge.
Once it is followed the Zimbabweans will be in charge at the end of the day. It is not the workers that we employ that must take charge, we are the politicians and we stand in for the people who voted us into these positions. We must speak out so that things can go the correct way and things must be corrected. Today is the day and this is the time we must correct the voter registration exercise. I thank you Mr. Speaker.
- CHIKWINYA: Thank you Mr. Speaker, I rise to wind up
the debate. I want to appreciate the level of participation by the ten members of Parliament who had their input into this debate which I want to believe is in sync with the process and events currently underway within our country.
I want to thank Hon. Chitando who seconded my motion and emphasized on the need to ease proof of residence so that the process can become easier. Hon Ncube, who encouraged the Executive to migrate to the use of the ICT platform as we move forward with this ICT generation that voter registration, must be done on line. We do not see how we fail to do that when we actually have an internet penetration of around 32% and cell phone penetration of around 96%. I also want to thank Hon. Bhasikiti-Chuma who whilst he is coming from the other
side of the House equally shared the same passion with me that politicians or political parties across the divide, were affected in the manner in which this voter registration was done and equally emphasized on the need for funding required from the Ministry of Finance.
I want to thank Hon. Saruwaka who among all the points he mentioned, emphasized on the issue of how we are dealing with aliens.
Mr. Speaker, it is with regret that we, as a nation have adopted the word
‘aliens’ which in my view is actually a xenophobic phrase meant to alienate others who are actually of third or fourth generation
Zimbabweans. In this House and this nation, there sits hon. Patrick Zhuwao, I see him as my brother, my friend and colleague and as a fellow Zimbabwean. He is a beneficiary of our political system, he and his uncle are the greatest beneficiaries of our political systems but they are aliens.
I also want to thank Hon. Machacha who said whilst he has 24 wards, only two centers were provided and therefore bussing of people became necessary which actually incurred costs. Hon. Chimbetete equally so, had 31 wards and only 7 had centers. I want to thank Hon Madzimure, he emphasized on the issue that citizens must be allowed space and opportunity to participate in matters of who should govern them.
Mr. Speaker, I also want to thank Hon. Dr. Jorum Gumbo for quite a mature debate actually encouraging all of us to be able to adopt this motion. I believe the Executive will be able to support Parliament in this regard. I also want to thank Hon. Mudzuri who shared with us, is experienced and I also want to commend him for the efforts he did in engaging the Registrar General. I would lastly want to thank Hon. Matamisa who shared with us exactly the same experiences which the majority of the constituencies or the nation at large faced.
Mr. Speaker, whilst I am winding up I also want to give credit to Justice Rita Makarau and just to let her know that we celebrated the positives of her efforts but we will continue as Parliament to closely monitor all the events and processes and we will be quick to condemn and act on any acts or omissions contrary to the letter and spirit of the registration exercise.
I am in possession here of Electoral Amendment Regulations number 18 of 2013, under Statutory Instrument 68 of 2013. When members were debating and they were talking of gazetting new regulations which are meant to ease voter registration, the regulations are contained in this Statutory Instrument which was gazetted on Friday. The regulations among other issues actually bring upon that affidavit which Hon. Mudzuri was talking to, the gazetting was done under Statutory 68 of 2013, where upon the registration officer has now been conferred with the Commissioner of Oaths status.
It is only you the intended register or the person who intends to register to vote, you simply fill in the affidavit form and the registration officer present will become the Commissioner of Oaths. The duty is upon the State to prove that you have lied under the affidavit, so I think this is going to become a way of easing out the regulations required for one to register which were actually the proof of residence. I want to commend the Executive and I want to quote the Prime Minister who said on Sunday that the Executive through Cabinet have agreed and without necessarily having gone through Statutory Instrument 68, I want to believe that there will be a circular which will be distributed once the 30 day period has been promulgated at the inception of the Presidential
Proclamation of the elections as contained in our newly adopted Constitution awaiting Presidential Assent.
I says every school in Zimbabwe shall be converted to become a registration centre. I want to believe the Executive met it and are going to enforce it and I have no doubt that that coming from the Prime Minister, is actually going to happen. Every school in Zimbabwe shall be made to be a registration centre. I want to believe that at least there is a school in every ward therefore that makes it easy for every ward to have a centre. In other wards in rural areas you might have two or three schools - that is even better. I want to believe that once that has been put to force we are going to have de-congestion of registration centers and ease of access to registration centers by people who intend to vote.
Mr. Speaker, before I sit today, the Civic Society of Zimbabwe met at the Media Centre at 1000 hrs and 50 organizations were represented. They made a statement with regards to their observations and with regards to their concerns with the voter registration process. I have taken time to respect their communiqué to the nation because as parliamentarians, we have also the legitimate and alter-ego right of representing our constituencies. We work in collaboration with the civic society organizations who also compliment government and our efforts in making sure that the voices of the people are heard.
Mr. Speaker I will just go through their communiqué for the purpose of the members of Parliament and the nation who were not present at their meeting. The civic society members listed said:
Noting the conclusion of the Constitution making process, a key milestone to the implementation of the Global Political Agreement which paves the way for preparations of free and fair elections,
Recognizing the centrality of an inclusive voter registration exercise as a key foundation to a credible electoral process.
Having observed the just ended mobile voter registration exercise that commenced on the 29th of April and ended on 19th May 2013,
Disheartened by the observations of various electoral stakeholders such as Parliament, the Church, Cabinet and the Zimbabwe Electoral Commission (ZEC) that the process was inadequate, chaotic, slow and did not capture all those interested in registering voters.
Desirous of seeing a peaceful, free and fair election in Zimbabwe, Do hereby make the following observations and recommendations.
OBSERVATIONS
INADEQUATE EDUCATION AND INFORMATION ON THE
PROCESS - The process was hampered by a dearth of information, publicity and limited voter education. We noted the exclusion of key stakeholders such as the church, civic society which were not accredited to complement the Electoral Commission in providing voter education. Even where civic society sought to legitimately mobilise citizens to participate in the process, they were met with heavy-handedness. As a result, potential voters were largely ignorant of the dates, centres and requirements for registration. I think this simply goes to complement what Members of Parliament were saying.
ACCESSIBILITY - The process was characterised by lack of true decentralisation. The centres were not in proportion to the intended beneficiaries, leaving many communities without the service or citizens having to travel long distances to register as voters. Further, the manner in which the methodology of the exercise was crafted did not reflect any due consideration of the special needs of groups such as women, youths, the elderly, the infirm, workers and people living with disabilities. This resulted in the disenfranchisement of a significant number in these key sectors.
LACK OF PROFESSIONALISM - Some centres did not adhere
to the stipulated opening and closing times. Prospective voters in the queues by closing time were turned away even when the mobile unit was relocating the following day, leaving citizens frustrated in their efforts to register.
INADEQUATE HUMAN RESOURCES - Mobile units and
static centres were plagued with an excruciatingly slow pace of processing applications for registration resulting in long slow moving queues particularly in urban centres.
INCONSISTENCIES IN PROCEDURE AND
REQUIREMENTS - Some centres turned away prospective registrants who were ‘aliens’ or had opted for an affidavit as proof of residence while some centres accepted prospective registrants in similar circumstances. Some centres were not issuing registration slips asking prospective registrants the slips the following day at a different centre.
GENERAL ABSENCE OF FULL SERVICE - Mobile and static
units had limited service. Reports reveal that not all of the units were offering a comprehensive package of birth certificates, national identification papers and voter registration on site. As a result, prospective registrants were unable to benefit fully from a single centre.
Some citizens with waiting passes were asked to produce birth certificates. Upon failure to do so, they failed to register.
FUNDING - There was no clarity in terms of the resources that were disbursed for this exercise, with one Arm of Government claiming to have disbursed funds while the recipients claiming to have received different amounts. As a result, there was lack of accountability and blame games revolving around inadequate funding dominated the narrative for the insufficiencies of the exercise.
In light of the foregoing, it is our overall assessment that the mobile voter registration exercise as implemented by the Registrar
General’s office and supervised by ZEC, has failed to comprehensively reach out to all prospective registrants.
Accordingly, we do hereby make the following recommendations:
- The process must be re-started in line with the new Constitution, which stipulates a 30 day period for registration after enactment. It is our view that the preceding exercise cannot be substituted for this constitutionally mandated process.
- Legal instruments guiding the issue of ‘aliens’ and the use of affidavit as proof of residence put in place recently should be publicised to ensure that citizens are able to benefit fully.
- As a precondition to the aforementioned exercise, the public must be adequately informed of the process, the requirements and the modalities prior to the commencement of the process.
- A comprehensive inclusive process must be undertaken with adequate financial and well trained human resources. This process must be effectively decentralised to the ward level in each constituency. Adequate time must be allocated to each centre in proportion to the population density in the community.
- Stakeholders should have unfettered access to the process, particularly civil society organisations pursuing their legitimate functions of sensitising, mobilising citizens to participate in the process.
- Effective supervision of the Registrar General’s office by ZEC to safeguard the integrity of the process for which ZEC is ultimately accountable to stakeholders.
I have taken time Mr. Speaker to quote this communiqué because the civic society voice is very critical in the determination of a free and fair election. They are a critical component as a stakeholder to the outcome of our elections. Once the civic society condemns the process to which we are intending to hold our elections, we are bound to have the whole world condemning the elections. Therefore we need to take on board all stakeholders for them to be happy with the process for there is nothing to hide and there is nothing to be afraid of. Mr. Speaker, I therefore move that the motion be adopted as it is. Thank you.
Motion put and agreed to.
MOTION
CONDOLENCES ON THE DEATH OF HON. SEISO MOYO
Third Order read: Adjourned debate on the condolence message for the Deputy Minister of Agriculture, Mechanisation and Irrigation, Hon. Seiso Moyo.
Question again proposed.
- CROSS: Mr. Speaker, I want to make my own views because Seiso Moyo was a member who lived in my constituency. He was not only a friend, a colleague but someone I respected; he was a unifier. I think there are very few people in this House who would have really called him anything like an enemy or someone with whom you would have a serious dispute.
What concerns me about his death was the aftermath. When I went to the house to visit the family to express my condolences the day after his death, I found his wife at the house in distress. This is because he had died without a will; he died intestate. The late Seiso Moyo had two wives, one by tradition and one by legal marriage in the church. His family was not protected and there was no guidance to his executor as to what his intentions were with his assets.
The late Deputy Minister died with some significant assets. He had a farm in the Beitbridge area, he had cattle, two hard body vehicles, a home in Bulawayo and he had some significant financial resources. On the day he died, all that was frozen. In addition, the family descended upon him. His wife has been working in Botswana for more than 20 years and she lives in Gaborone. She came back for the funeral.
When I got to the house one of the vehicles had already disappeared and
I had to intervene in the family’s affairs and help his wife to protect herself and the family from the deprivations of Seiso’s extended family.
Mr. Speaker I want to make the point that I wonder how many members of this House have got a will and how many members of this
House have made provisions for their families. In Seiso Moyo’s case, there were two women involved and five children. All five children were going to school or university. His two girls at university had to have their fees paid by the end of January. His estate was frozen and the family was unable to make those payments and we had to assist as a party to ensure that those girls went to university at one time. In addition, if his two girls are absolutely superb, they are both world class students. His eldest daughter, I think is one of the outstanding students of the day in South Africa. Therefore, if their careers had been threatened by this event, it would have been a tragedy.
Mr. Speaker, when I was General Manager of the CSC, when we lost staff, I forced every member of staff in the CSC; there were over 5 000 people, to sign a Will which we drafted. Upon a death, we automatically, stepped into the ring to protect the wife because I sensed, when I was General Manager that we had a woman whose husband died who was on the streets with a suitcase. The family took the car; the family took the house; the family stripped her and she was left literally penniless. So I stepped into the ring on behalf of the people who worked for me with their consent and made sure that every man who worked for us had a Will.
Mr. Speaker, I sincerely wish that we ensure that every member of this House has a Will and that, that Will is executed properly on behalf of their families. I think we should do that in memory of people like Seiso Moyo, who served their country well, who loved their families; loved their kids; brought up their children to be the best kind of people that they could be; but lost sight of the fact that, even though they were young people and Seiso was considerably younger than me, that when the time came they could not judge when he would be called home. Mr. Speaker, with those few remarks, I express my condolences to the family and I hope this House adopts this motion today.
- HLALO: Mr. Speaker Sir, I move that the debate do now adjourn.
- MAHLANGU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 22nd May, 2013.
MOTION
FIRST REPORT OF THE PORTFOLIO COMMITTEE ON
EDUCATION, SPORT, ARTS AND CULTURE ON THE
ADMINISTRATION OF SOCCER IN ZIMBABWE
Fourth Order read: Adjourned debate on motion on the First Report of the Portfolio Committee on Education, Sport, Arts and Culture on the
Administration of Soccer in Zimbabwe and issues surrounding the Asiagate Scandal.
Question again proposed.
- KARENYI: I move that the debate do now adjourn.
- CHIMHINI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 22nd May, 2013.
On the motion of MS. KARENYI, seconded by MR.
MAHLANGU, the House adjourned at Ten Minutes Past Four O’clock p.m.
PARLIAMENT OF ZIMBABWE
Tuesday, 6th February, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR SPEAKER in the Chair)
ANNOUNCEMENT BY THE SPEAKER
DEBATE ON COPAC REPORT
- SPEAKER: I would like to remind hon. members that the motion under debate is on the Report of the Constitution Parliamentary select Committee on the Progress and outcome of the Constitution Making Process and not on the accompanying COPAC final Draft
Constitution which is only for noting. Debate on the motion on the
COPAC Report should be strictly confined to the provisions of the
COPAC Report itself and not contents of the final draft Constitution. Debate on the contents of the draft final Constitution will only be permitted during the Second Reading and Committee Stages of the Constitution Bill once it is introduced in Parliament after the
Referendum. I therefore, urge hon. members to confine their debate on the COPAC Report.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Mr. Speaker Sir, with your leave,
may I request that question time, both with and without notice, be suspended until Order Number 1 on today’s notice of motion has been dealt with.
Motion put and agreed to.
MOTION
COPAC REPORT
MR MWONZORA: I move the motion standing in my name that
this House:
COGNISANT of the fact that Article 6 of the Global Political Agreement provides that there shall be set up a Select Committee of Parliament to spearhead the drafting of a people driven Constitution of Zimbabwe.
ACKNOWLEDGING that the Committee on Standing Rules and
Orders on the 12th of April, 2009 did set up a Committee known as the
Constitutional Parliamentary Select Committee (COPAC);
REALISNG that the said Committee did undertake and complete drafting the new Constitution of Zimbabwe as provided for in terms of article 6 of the Global Political Agreement;
MINDFUL of the fact that Article 6 of the Global Political
Agreement further provides that COPAC must table the Report and draft
Constitution of Zimbabwe before the Hon. House;
NOW THEREFORE, Adopts the Report of the Constitution making process and;
FURTHER NOTES the draft Constitution of Zimbabwe tablked
before it.
MR MANGWANA: I second.
- MWONZORA: Thank you Mr. Speaker Sir. The draft
Constitution before the House is a product of two important processes. The first process is the process of the outreach in which we asked the people of Zimbabwe to give their views on what they wanted on the draft Constitution. The second process were the key negotiations that were carried on this draft Constitution, among the representatives of the political parties in the Inclusive Government.
My colleagues here, Hon. Mangwana and Hon. Mkhosi are going to touch in detail the issues relating to the process by which we came to this product. Without inviting debate on the content of the Constitution, we think it is necessary that we just, in the process of tabling this draft Constitution, alert the hon. members as to the key provisions of the Constitution. This enables them to direct themselves to some key areas when going through this Constitution.
Mr. Speaker Sir, our Constitution is divided into 18 Chapters. Before we go to Chapter One, we have a Preamble. In this Preamble, we celebrate how Zimbabwe came into being. We talk about the heroes and the heroines of the liberation struggles, including the second struggle that is the Second Chimurenga. We also talk of the need to entrench democracy, good governance and the rule of law. We commit the Constitution to the respect of God Almighty.
In Chapter One, we have the founding provisions. In these founding provisions, we talk of what is Zimbabwe. Zimbabwe is a unitary democratic and sovereign state. We emphasise this because Zimbabwe is one indivisible republic. Further, under this Chapter, we talk about the supremacy of the Constitution, that this Constitution is the supreme law of the Republic and any law or conduct inconsistent with the Constitution is to the extent of the inconsistence null and void.
The founding value upon which Zimbabwe is founded include the following, the supremacy of the Constitution, the rule of law, fundamental human rights, the nation’s diverse cultures, religions and traditional values, recognition of the inherent, dignity and worth of each human being, recognition of equality of all human beings and importantly in my view gender equality, good governance and recognition and respect of the liberation struggle.
We have in this Constitution used the term liberation struggle as opposed to the war of liberation advisadly. The war of liberation in our view started after the struggle. The struggle involves struggles by such people like Benjamin Burombo, the early nationalist struggles before the actual war commenced. That is why you see we talk of liberation struggle; because the liberation struggle is wider as it encapsulates it talks of those early struggles and the actual war itself.
Mr. Speaker Sir, Zimbabwe shall have a national anthem, a flag, a public seal and a court of arms and there shall be tiers of Government in Zimbabwe. The national tier the provincial and metropolitan councils as well as local authorities. Unlike the previous Constitution, under this
Constitution, all the indigenous languages of Zimbabwe are officially recognized. Every language is as important as the other. There is no dominating language.
We realise that it is important for everyone in our country to be aware of the provisions of the Constitution and this includes our armed forces, our students and the general populace. For that reason we have said the Constitution must be taught in schools as part of the curricular, for training for members of the security forces, the civil service and members and employees of public institutions. Why we have done this is because we want these people to be aware of the rights of the people they serve. We have said that they must be constitutional awareness.
Everybody has a duty to make everybody aware of the Constitution.
Like they say in ZANU PF, ‘Iwe neni tine basa’ – [HON. MEMBERS:
Laughter]-.
For that reason, there is a provision which will be apparent on page 23 of the Constitution, encouraging all persons and organisations, including civic organisations, to disseminate awareness and knowledge of the Constitution throughout society. So everybody has a role to play
in disseminating the Constitution. Chapter 2 deals with the national objectives. This is what we strive to be. We are, at this moment in time, not to as rich as we want to be. Therefore, we have dreams that we may not fulfill today but which we dream of, things which we look forward
to.
Our national objectives are good governance, national unity, peace and stability, fostering fundamental human rights and freedoms, good and sound foreign policies, national development, empowerment and employment creation, food security, culture, gender balance once more, fair regional representation, the rights of children, the rights of youths, and the rights of the elderly. This is the first time in the history of this country where the rights of the elderly are being enshrined in the national law.
The rights of persons living with disabilities, again this is the first time that we are coming with this in the Constitution. The rights of the veterans of the liberation struggle, work and labour relations, good labour relations. We must have sound labour relations in this country.
The right to collective bargaining, the right to fair wages, the right to fair labour standards so that our workers are well treated. Protection of the family is another objective. Then marriage, education, shelter, health services, social welfare, legal aid, sporting and recreational facilities.
Now Mr. Speaker Sir, most people may look at sport as a luxury, it is no longer a luxury in the contemporary world. It is a key aspect of the life of the nation. On the preservation of traditional knowledge and allow me Mr. Speaker to read, ‘The State must take measures to preserve, protect and promote indigenous knowledge systems including knowledge of medicine and other properties of animal and plant life possessed by the local community.
Now, the knowledge that our people have, the traditional knowledge our people have must be preserved and protected. They are only preservable and protectable if they are possessed by the indigenous people. We are saying this because a foreigner may actually possess more knowledge about our plants than a Zimbabwean. Therefore, if we protect them we are protecting them from ourselves instead of protecting ourselves from them. Here we are inward looking in this provision. We protect the knowledge systems of our people.
Chapter Three, it deals with citizenship. The most important thing is that we have categorised citizenship. They are citizens by birth, registration and dissent. A different set of legal rights flow from the designation of the citizenship. Importantly, every Zimbabwean citizen has equal rights. There is no citizen with more rights than others. We established a Citizenship Board and powers of Parliament regarding citizenship.
Mr. Speaker Sir, citizenship by birth is protected 100%. No person can lose citizenship by birth under any circumstances. This is because if
I am born in Zimbabwe, Chivi in the case of my friend Hon. Mangwana, Mberengwa like Hon. Gumbo or if you are lucky to be born in Nyanga like Hon. Nyanhongo and myself, nothing must change that fact. You cannot have your citizenship taken away from under any circumstances you if you are born in this country. What that means is that the so-called dual citizenship is allowed for citizens by birth.
Regarding citizenship by dissent and by registration, then an Act of Parliament may prohibit certain rights on those citizens. Importantly, in
Section 43, we deal with the people who are called aliens in this country. These are people of Malawian, Zambian and Mozambican origin or parentage. They pay tax in this country, they have all the obligations in this country but when it comes to voting we then say they are aliens. Under this Constitution we have said, every person who was born in Zimbabwe before the effective date is a Zimbabwean by birth, if one or both his parents was a citizen of a country which became a member of the SADC established by a treaty signed in Windhoek, Namibia on 17 August, 1992. He or she is ordinarily resident in Zimbabwe. This does away with the injustice that was happening in our society.
Mr. Speaker, I can say with authority that under this Constitution we have the most comprehensive Bill of Rights on the African continent, if not in the whole world. This is because we have protected in the Bill of Rights, both what they call the first generation rights, the ordinary rights like the right to life, the freedom of association, and the socioeconomic rights including the right to education and so on. Under the right to life the death penalty is only returnable only under certain circumstances.
We have the right to personal liberty, rights of arrested and detained persons. Then, a right to human dignity, personal security, freedom from torture, slavery, inhuman and degrading treatment, equality from discrimination. Mr. Speaker, if I may deal on the discrimination clause. We say in this Constitution, no person must be treated in an unfairly discriminatory manner on the grounds of nationality, race, colour, tribe, place of origin, ethnic and social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, whether they were born in or out of wedlock.
The last one deals with people not being discriminated on the basis that they are not what some people call legitimate or illegitimate children. A child is a child. Then freedom of conscience, freedom of expression and the freedom of the media is now in our Constitution, language and culture, trade and profession. People have freedom to choose a profession or a trade.
On Labour Rights, we have the fundamental rights of the workers, the rights to engage in collective bargaining, the rights to organise, the rights to form and join trade unions and Federation of Trade Unions and so on. Here we say men and women have equal rights and the right equal remuneration at work. It is not enough to simply say women have the same rights as men. They have the right to equal remuneration at work. We also have Freedom of Movement under Political Rights, again we are talking of the rights to join any political party of choice and to participate in the activities of that political party.
The Right to Administrative Justice, this touches on all administrative organs. We are saying every person has a right to administrative justice. Whenever an administrative decision is taken against a person, they are entitled to be given reasons for that action and preferably written reasons. These reasons must be given promptly. We see this at work, in political parties and other organisations.
Under Section 71, we deal with property in general that everybody has the right to property and they have a right against deprivation of that property. Whether whereby it is land or buildings or even movable property, it is protected. Under Section 72, we deal with agricultural land and we define it as generally the land that we use for our agriculture with the exception of communal land. We deal with acquire of land. How do we do acquisition of land? What type of compensation is paid for which type of land? We were trying to be as truthful as possible to what was happening or what has happened in Zimbabwe, with regards to the issue of the land reform and so on. In our view we were trying to make sure that everything happens as justly and as regularly as possible so that people affected know their rights and obligations.
Right to Education, again Mr. Speaker Sir, is a novel right in our Constitution. We are saying everybody in Zimbabwe has a right to basic state funded education including adult basic education. Basic education is a fundamental human right and we have entrenched it in the Constitution. We also talk of further education for our young people in universities and colleges. They are entitled to state support.
Right to Water and Right to Health Care, are also in the Bill of Rights.
Now, there are certain circumstances under which a State or a Government may derogate from the rights. That is where it can go against the rights given here. We have sought to restrict that and said that these rights can only be abrogated in terms of a Law of General Application. If you are abrogating that right, that abrogation must be reasonably justifiable in a society based on democracy, openness, justice fairness equality and freedom so that administrative organs may be accordingly directed as far as people’s rights are concerned.
We also talk of limitation of rights during State of Emergency and we provide for certain rights that are untouchable even in State of Emergency. You cannot subject somebody to inhuman and degrading treatment and argue that it is a State of Emergency. You may not murder someone and argue that it is a State of Emergency. You may not violate the bodily integrity of people, raping people and argue that it is a State of Emergency. So, we constrict the number of rights that may be abrogated.
Executive Authority is Chapter 5. Executive Authority of Zimbabwe will derive from the people of Zimbabwe, meaning those people who hold ultimate executive authority will have to be elected. Executive Authority is vested in the President who exercises it subject to this Constitution through his Cabinet. There are instances in this Constitution where the President can act alone. There are instances where the President has to act on the advice of his Cabinet. After all, he chooses his Cabinet himself. So, he or she must be able to exercise certain functions alone.
For example, the function to appoint the Cabinet, the President must exercise it alone. We give the duties of the President to promote unity, peace and that he or she recognizes and respects the values of the liberation struggle. The President must make sure that there is protection of fundamental human rights.
On the qualification of the President, he must be a Zimbabwean citizen by birth or descent and must be over the age of 40 years. He must be a registered voter.
On the election of President and Vice President, when there is an election of a President or Vice President, before the election, the President must pick her running mates so that when we go to election the people of Zimbabwe, vote with their eyes open.
- SPEAKER: Order, her or his please.
- MWONZORA: Thank you, Mr. Speaker Sir, - a running
mate so that when the people go to election, they go with their eyes open. They know that they are voting for a President with his consequences. They must know that when they vote for President
Navaya, - [Laughter] – they are accepting the inevitability of the Presidency of Hon. Kachepa – [Laughter]. You will see, that the issue of running mates is further dealt with in the Transitional Provisions and for a period of two elections or ten years, this provision will not apply but other provisions will apply. I will come to them.
A challenge, a challenge to a Presidential Election is only going to be done in the Constitutional Court and no other court. It must be determined within 21 days. The President shall hold office for two-five year terms. We also provide that the appointment of Vice Presidents during the interim period - is picked in the normal way by the President. After the interim period, the transition, then the Vice President will be picked as a running mate whatever system each political party uses. We have not sought to regulate that.
The President is immune from legal and civil proceedings while he is in office. You do not want a President who is always at court. After leaving office, they may be visited with criminal or civil liability and so on.
Appointment of Ministers, the President will pick his or her Ministers and Deputy Ministers and prescribes the conduct of Ministers and Vice Presidents including not to use their position or any information entrusted to them to enrich themselves or improperly benefit themselves or any other person. Hon. members will notice that there is a catalogue of the dos’ and don’ts of our ministers. There are some of the functions that the President may exercise alone, that includes the appointment of the Cabinet, assenting to Bills and calling for elections in terms of this Constitution. There are certain instances where the President must do something, he does not do it with any other person - again, subject to this Constitution, I will come to it.
The President has the power to declare war and after declaring war, he or she must inform the Parliament. If the Parliament is of the view that the war is unjust, unfair, unreasonable, unconscionable and unnecessarily oppressive to the people of Zimbabwe, they may rescind that declaration of war. Once that is done, the President has to take all reasonable steps to disengage from the war. The power of mercy is exercised by the President in conjunction with his Cabinet. This is a typical area where third party advice or second party advice is necessary.
The State of Emergency – again we have stated that there are certain rights that cannot be taken under a state of emergency. We now have an innovation in the Attorney General. We have an Attorney General who is directly appointed by the President. The Attorney General advises the President and the Government. Being the advisor of the President and the Cabinet, he has no prosecuting powers, as prosecuting powers are now with the other body. May I say Mr Speaker Sir, this is nothing new to Zimbabwe. This had always been the case until I think the early 90s when we changed. So we reverted to the order because we thought that if you are advising your Government, you may be called upon to prosecute opponents of that Government and so on. We thought that objectivity could be lost.
The Legislature – Mr. Speaker Sir, the Legislature of Zimbabwe consists of the Parliament and the President acting in accordance with this chapter. In other words, there are times where a President has legislative power, when he assents to a Bill, he is completing the legislative process. That is why we said, the rights given under this chapter. On the nature of the legislative authority – we have retained the Senate and the National Assembly. Among other powers of Parliament or other roles, Parliament must protect this Constitution and promote democratic governance in Zimbabwe. It has the power to ensure that the provisions of this Constitution are adhered to. In detail, we give the powers of the Senate and the qualifications of the Senate.
On the Presiding Officers Mr. Speaker Sir, there is the Speaker of
Parliament as well as the President of the Senate and the Deputy Presidents. They are going to be elected and their elections are going to be presided over by the Clerk of Parliament under the supervision of ZEC. We say in this Constitution for the avoidance of doubt that the head of Parliament is the Speaker of Parliament, the President of the Senate the Deputy Head of Parliament.
Mr. Speaker, there is something that we noticed during the running of Parliament. That is a situation where the ministers and Parliament disagree on the constitutionality or otherwise of a legal instrument, what happens? Does the Parliament’s power prevail or does the minister simply say, well, Parliament, I have heard you, I am proceeding to implement. To get rid of that problem, we have said, in the event of that arising, the matter may be referred to the Constitutional Court which must deal with the constitutionality of the Bill.
The Priviledges and Immunities of Members of Parliament are clearly provided. We have also in this Constitution legislated the
Committee on Standing Rules and Orders as a Constitutional
Committee. It is no longer a committee just established under an Act of
Parliament, it is now in the Constitution. The Parliamentary Legal
Committee again is there. The Clerk of Parliament is there and the Clerk of Parliament, of course, has a limited term of office, six years renewable only once.
Chapter Seven deals with elections, we deal with the principles of an electoral system. We said, elections must be free and fair, peaceful, conducted by secret ballot based on universal suffrage and equality of votes and free from all forms of violence and electoral malpractices. We discussed in detail how referendums and elections must be conducted so that nobody is left in doubt as to how we come out with our elected people. We also made provisions of the Electoral Law and what our Electoral law must contain.
The timing of elections Mr. Speaker Sir - all elections are going to be harmonised and all general elections are going to take place in the last month of a Presidential term. So let us say a President is elected in December 2013, that means the next election must be held between end of November and end December 2018, in the last month of a Presidential term. Of course there are certain circumstances where an earlier election will be called. Let me just deal with that. The President can dissolve Parliament in three circumstances. The first one is the natural dissolution that follows the expiry of the term, that is the midnight of a day before the general election, Parliament stands dissolved. The formal act, this has to be done by the President.
The second instance is where Parliament itself votes to be dissolved. If Parliament votes by two thirds to be dissolved, then the President shall dissolve it and call for a general election. It has not happened in Zimbabwe, it has happened I think in Japan and other countries. The third instance is where the Parliament has unreasonably refused to pass a Budget, that means the Government has been rendered dysfunctional. Only in that instance is Parliament dissolved but even that dissolution is not automatic. It is reviewable by the Constitutional Court at the instance of a Member of Parliament. So if the President dissolves Parliament and a Member of Parliament is unhappy about it, that Member of Parliament can take it to the Constitutional Court. Automatically, the dissolution is suspended until the Constitutional Court has disposed of the matter.
Delimitation – again, that is the work of ZEC. On the
Judiciary we are going to have the following courts, the Constitutional Court, Supreme Court, High Court, Labour Court, Administrative Court, Magistrate Court, Customary Law Courts.
Independence of Judiciary
We have legislated the independence of the Judiciary by putting in what are called in Constitutional law the Bangalore principles of the independence of the judiciary. We have put them in our Constitution as the principles guiding the judiciary. The jurisdiction of the
Constitutional Court, has been spelt out. It has three unique factors, it determines the Presidential election dispute, it also deals with the constitutionality of laws given to it where there is a dispute between the Executive and the Judiciary. It also deals with human rights.
Qualifications of Judges of Constitutional Court We have put there.
Appointment of Judges
What is important here is that we have said judges will be appointed by the President after a certain procedure, judges apply, interviews are held and these interviews are public interviews and prospective candidates are shortlisted, all this is being done by the Judicial Service Commission only after that can a person be appointed as a judge.
We will deal with the issue of the composition of the
Constitutional Court transitional provisions.
Civil Servants and Public Servants
Mr. Speaker Sir, there is a difference that we put in the Constitution. There is a difference between public servants and civil servants. Public Servants are all people employed in the public institutions, but civil servants are people employed by the State in its civilian institutions. Therefore, all civil servants are public servants but not all public servants are civil servants, for example, soldiers are public servants but not civil servants and so on. That is why we differentiated
that.
Chapter 11deals with -Security Services
We put it in a way that we are going to have the Defence Forces, Police Force, Intelligence Services, Prisons and Correctional Service and any other Security service established by an Act of Parliament. What is important Mr. Speaker is that, any military or security organ of the State must be established in terms of an Act of Parliament, so that I do not establish my own militia in Nyanga North and it has the force of law and it can enforce laws, and compliance. We have said that it must be in terms of an Act of Parliament to protect our people.
We are saying neither security services nor any of their members in the exercise of their functions must act in a partisan manner, further the interest of a political party or cause, prejudice the lawful interests of any political party or violate the fundamental rights or freedoms of any person. This is the world over and that security officers must not be active members or office-bearers of political parties. We have put in the Constitution now, the National Security Council.
This is now going to be a Constitutional Board and its functions are given.
Defence Forces are provided in Part 2 of Chapter 11. Importantly, the deployment of the Defence Forces, was dealt with. On the Command of the Defence Forces, we have said the President is responsible as Commander-in-Chief for the operational use of the
Defence Forces. Why we have done that is to make sure that you have one person accountable and that is the President of the Republic of Zimbabwe.
The Commanders of the Army and the Commanders of the Police
and the Intelligence have a limited term of office under this Constitution, just like under the old Constitution. Under the old Constitution, it was four years renewable ad infinitum, in other words, renewable forever and ever. We have in this Constitution provided that there shall be limited terms of office, five years renewable only once.
The same applies for Defence Forces, Police Service, Intelligence Service, Prisons and Correctional Service. We say correctional Service because when you send people to prison - well there are eight theories of punishment anyway, but one of them is that you are seeking to correct a person, you are not simply being retributive, that is why it is Prisons and Correctional Service.
Independent Institutions supporting Democracy
We are going to have the following independent institutions.
-The Zimbabwe Electoral Commission
-The Zimbabwe Human Rights Commission
- The Zimbabwe Gender Commission
- The Zimbabwe Media Commission
-The Zimbabwe Peace and Reconciliation Commission. This Peace and Reconciliation Commission is going to be a Constitutional Commission for a period of ten years from the effective date.
Staff of Independent Commissions
The Independent Commissions have power to employ staff and
subject to law, to regulate their conditions of service.
Independence of Commissions
They are independent and are not subject to the direction or control of anyone.
Appointment of members of Commissions
The appointment is identical to the appointment under Section 100 of the current Constitution. In other words Parliament generates names and these names are then presented to the President for formal appointment.
We have institutions to combat crime Chapter 13, there we have the Anti-Corruption Commissions as well as the National Prosecuting Authority.
Anti-Corruption Commission
The Anti-Corruption Commission will have a number of powers;
Including;
-To investigate corruption,
-To promote honesty,
-To combat corruption,
-Once they have evidence of corruption, they must direct the
Commissioner General of Police to investigate cases of suspected corruption. Once so directed, the Commissioner General of Police must
act.
National Prosecuting Authority
It is going to be established here, headed by the ProsecutorGeneral. Again the conduct of members of the National Prosecuting Authority is prescribed in Section 261.
-They must not act in a partisan manner.
-They must not further the political interests of a particular party or cause.
-They must not violate the fundamental rights or freedoms of any person.
Chapter 14 deals with devolution.
The devolution is about provincial and local Government. Mr. Speaker, this is a topic that took much of the time during drafting because of the interests in that issue. Those who wanted it were arguing that it is part of the democratisation process, after all it is fair that local people have a say in the development priorities of their regions. Those who were against feared things like secessionism divisionism, civil war and civil strife.
We struck a delicate balance on this, also taking into account what the people of Zimbabwe said and we precede this Chapter by a preamble. This preamble tells us what devolution is, not for us to appreciate what devolution is. We said, “whereas it is desirable to ensure:
-The preservation of national unity in Zimbabwe and the prevention of all forms of disunity and secessionism.
-The democratic participation in Government by all citizens and communities of Zimbabwe
-The equitable allocation of national resources and the participation of local communities in the determination of development priorities within their areas; there must be devolution of power and responsibilities to lower tiers of Government in Zimbabwe.” Importantly, we give the general principals of devolution in the
Constitution and we also give the jurisdictions of the provincial councils. Their jurisdiction is limited to social and economic development matters. In other words, you cannot have a provincial council being in charge of defence, Minister Munangagwa, you have nothing to fear now (laughter). You cannot have them in charge of state security and so on. So we have clear terms of reference of Provincial Councils. The conduct of the employees of the provincial governments is prescribed as they must then not act in a partisan manner. They must not further the interests of a political party or cause or prejudice the same.
Mr. Speaker Sir, under this Constitution and this chapter, we have done away with the office of the Governor, we are not going to have an office called the office of Governor. The person heading the Provincial Council is going to be the chairperson of the Provincial Council elected by members of the Provincial Council from a list given by a party with the majority of seats in that province. Then we also dealt with how to remove members of the Provincial Council and let me say Mr. Speaker Sir, that the members of the Provincial Council are subservient to central government. They are under central government.
Again we provide for local authorities in the constitution and the manner of their removal.
Mr. Speaker Sir, under the traditional leaders let me just say Honourable Mangwana will deal in detail with how we came up with this chapter. The Chiefs themselves were represented by a leading advocate of this country whom we allowed to be in the Drafting Committee. So the Chiefs were well represented but we say here the institution, status and role of traditional leaders under customary law is recognized. We give the principles to be observed by all traditional leaders. They must act in accordance with the Constitution and the laws of Zimbabwe; they must observe the customs pertaining to their communities, they must treat all persons in their areas equally and they must not be members of political parties, must not act in a partisan manner, must not further the interests of a political party or cause or must not prejudice the law of particular political party or cause and must not violate fundamental human rights.
Mr. Speaker Sir, functions of traditional leaders – the traditional leaders uphold the traditional functions. We have legislated them but I wish to deal with the function relating to land and you will find that in
Section 282.2 “except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over communal land and any other land for which they have been appointed and over persons in communal lands and or in those areas.” We are limiting the jurisdiction of the traditional leaders, otherwise if we were to say traditional leaders are in charge of all rural land, it means the President of the Council of Chiefs is stronger than the President of the Republic because he or she will be controlling 90 percent of the land. We also feared and here I want to credit Honourable Mangwana with the wisdom because what I am about to say came from him. Our fear was that if we stated to say traditional leaders are in charge of rural land, we will then reinstate the traditional border disputes. For example, the Tangwenas in Nyanga, we would say our Chieftaincy ends in Odzi and Chief Makoni will say no, my Chieftaincy starts at Troutbeck and you will create a venn diagram of conflict. For that reason we found it proper to make sure that we do not generate unintended consequences, after all this is very fair.
Traditional leaders are going to be appointed in accordance with the customs of their communities. We say that because different communities have different traditions of appointments. Most Shona traditions, it is lateral transfer of chieftainship from one house to the other house; in Ndebele it is linear from the King to his Son to his grandson and it goes on like that. So we sought to preserve that by saying that the Chiefs are going to be appointed in accordance with traditional practices.
The suspensions of Chiefs have to be done by the President on the recommendation of the Provincial Assembly of Chiefs and through the National Council of Chiefs and the minister responsible. Mr. Speaker
Sir, we have provided under this Constitution for the remuneration of
Chiefs and particular, we have said an Act of Parliament shall provide for d) remuneration, pension and other benefits of the President, Deputy President and other members of the Council of Chiefs. We think that this is fair and just. What we refuse to accept Mr. Speaker Sir, is to equate the President of the Council of Chiefs to a State President. When we gave the state President pension we said former President will have pension equal to the salary of a serving President. We cannot say the same of Chiefs because the institutions are not the same. Therefore we resisted the attempt to do that. That is why you may have read in the papers that we were not in agreement. Then we have an Integrity and Ethics Committee, an Act of Parliament must provide for the establishment, membership and procedures of the Integrity and Ethics Committee of chiefs. In other words the chiefs want to regulate themselves and the procedures.
Chapter 16 deals with agricultural land. Here it starts with a preamble in order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism and to bring about land reform and equitable access by all Zimbabweans to the country’s natural resources. Policies regarding agricultural land must be guided by the following; then we put that land is an infinite resource and that every Zimbabwean has a right to land so on but importantly we are recognizing the previous unfair distribution of land. It is important in recognizing the unfair distribution of land not to create another sort of unfairness that is what we seek to do. We talk of the rights of occupiers of agricultural land that those people occupying agricultural land have certain rights and we give them in the Constitution. This includes Comrades like Comrade Mombeshora who was given land. As an occupier of the land now you have certain rights in the Constitution. You were given by our government. Then the security of tenure of the agricultural land again is there. It is important that people occupying or owning land must have security. Alienation of agricultural land or people being able to dispose of agricultural land under certain circumstances; we provide for different types of compensation for different people and it is all put in the Constitution. For example compensation for improvements only for certain persons who are non indigenous as defined in this constitution. Where a person is an indigenous Zimbabwean and land was taken, those people are entitled to full compensation.
In our view there was not wisdom in taking land from a deprived person to another deprived person. It did not simply make sense and for most of this land; our suspicion was that there could be a few problems surrounding that. We said we need to be fair to our people and we need to have them compensated in full. Same applies to land protected by the BIPPA Agreements, again this is protected in full and so on; but government can acquire land, of course, subject to the guidelines that are spelt out in the Constitution.
We have a Land Commission and the Land Commission now as opposed to other drafts is now an executive commission as opposed to an independent commission.
Financial matters – this is an area that drafters were also not very well vested with and you will find it very standard form. We put the Principals of Financial Management. Parliament is going to have oversight on all revenue and expenditure to avoid the obvious problems.
We need to state that in order to borrow money under certain circumstances, the approval of Parliament must be sought.
The Consolidated Revenue Fund is dealt with it. The Auditor
General is a very important person and we put security of tenure on the
Auditor General. We also talk of the independence of the Auditor General. Mr. Speaker Sir, we regulate procurement in Government under this Constitution. State resources are for the benefit of the people of Zimbabwe and we all agree and they have to be used in a very transparent manner and one of the leakage areas or possible areas of corruption is on procurement. This Constitution regulates procurement of course in general terms without being administrative.
General and Supplementary Provisions dealing with the interpretation of this Constitution, this is in fairly standard form. We are saying certain words must be interpreted as per this Constitution.
Mr. Speaker Sir, let me go to the transitional provisions and deal with three main issues. The first issue regards the Running Mate. The provisions regarding the Running Mate are not going to be operational in the coming elections and the next elections. In the coming election and the next election, a Presidential candidate chooses his or her deputies at whatever time they choose. They may decide to tell us before the election or after the election, it is up to them but we are saying as at the time that they are assuming office; they must inform the nation of their deputies. And, in the event of a President being unable to continue the term for any reason, and there are varied reasons. They could be where a president simply resigns or is successfully impeached or is incompetent for one reason or dies in office or is incapacitated the party with the President will appoint a replacement for the remainder of that term.
Our thinking was that if people vote for a particular President, they are showing confidence in his party for that term and therefore the current provisions in the GPA will apply where the replacement is going to come from that political party. Tapota, tapota, musazopondanaka, musazourayanaka neprovision iyi. It is a grave responsibility that we are giving and we have said that this must be done within a period of 90 days so that there is certainty in the country. That is provision number one.
Provision number two deals with the Constitutional Court. The Constitutional Court is going to be established as soon as possible, after the publication date but for a period of seven years, it will be manned by the Chief Justice, the Deputy Chief Justice and seven judges of the
Supreme Court. So, seven judges plus the Chief Justice and the Deputy Chief Justice constitute the Constitutional Court but in all their determinations on human rights and Constitutional issues, they sit as a full bench. What we mean is that they sit as nine judges to determine a case and not a situation where judges sit as one or three because judges sit as an odd number. They are one, three, five, seven or nine and sometimes there is a temptation that if it is a case involving Hon. Mahoka for example, we give it to a very unsympathetic judge who will deal with her. We want to avoid that by saying that they sit as a full bench.
Then the third deals with the issue of the National Prosecuting Authority. Again, the office of the Prosecutor General is going to be filled by the person who held the office of the Attorney General before the effective date. This will be for a period of six years renewable, which is the period, a term of office of Prosecutor General.
Mr. Speaker, let me conclude by saying, my colleagues will amplify this point. When we came up with this draft, we were not looking at anybody; we were not seeking to please anyone or any office. We said it is not that we love the MDC less or we love ZANU PF less or we love Mavambo less or we love MDC 99 less or we love MDC Green less or we love Dzinemunhenzva less or we love the Patriotic Union of Matebeleland less, but we love Zimbabwe more. Kane pane abatwabatwa nazvo, it was not intentional. This is what the people of Zimbabwe said.
Mr. Speaker Sir, in our respectful view, this is a people’s Constitution and this Constitution must go as quickly as possible to the people. The debate that is happening in the press is idle debate. It is not what Mwonzora says which must matter. It is not what Mangwana says which must matter. It is not what Madhuku says which must matter – it is what the people of Zimbabwe, the owners of this draft say that will matter.
Thank you very much.
- MANGWANA: Thank you Mr. Speaker. The tripartite nature of our Constitution would have required me to speak first but we became victims of Standing Rules which we could not change. This is why my colleague had to walk you through the draft before we told you the journey. He described the child without telling how the pregnancy came about.
I am here now to tell you how we came to the beautiful document which he has described. Mr. Speaker Sir, we are very honoured to have been given this task to lead this very important national process. You put us into office on the 12th of April, 2009. We were 25 of us made up of yours faithfully, leading the team from ZANU PF, Hon Douglas Togarasei, Mwonzora, leading the team from MDC-T and at that stage Hon. David Coltart leading the team from MDC.
Hon. Coltart had to be replaced by our wise old man, Hon. Edward Thsothso Mkhosi. We always called him the moderator and he played the role which is commensurate with his age and wisdom when the two young men would have fought during the discussions. The old man would moderate and we thank him so much for playing that key role which brought us to where we are. The other hon. members were
Hon. Monica Mutsvangwa (Deputy Co-chair),Hon. Fungai Jessie
Majome (Deputy Co-chair) and Hon. Believe Gaule (Deputy Co-chair).
The other members were Minister Flora Buka,Hon. Chief Fortune
Zephaniah. Charumbira, Hon. Amos Chibaya, Hon. Walter Kufakunesu
Chidakwa, Hon. Gift Chimanikire, Hon. David Coltart,Hon. Edward
Takaruza Chindori-Chininga, Hon. Dr. Jorum Macdonald Gumbo, Hon.
Ian James Hamilton Kay, Hon. Martin Khumalo, Hon. Cephas
Makuyana, Hon. Editor Erimanziah Matamisa, Hon. Tokhozile
Mathuthu, Hon. Tambudzani Budagi Mohadi, Hon. Dr. Olivia Nyembezi Muchena,Hon. Rorana Muchihwa, Hon. Brian Tshuma, Hon. Gladys Gombami-Dube who is now late and Hon. Jabulani B. Ndhlovu who is
also late.
Mr. Speaker Sir, we commenced this journey ensuring that as a team we understood what a Constitution is. We are grateful to the Clerk of Parliament who organized our initial workshop in Bulawayo where eminent juries from within Zimbabwe and from outside Zimbabwe took us through the process of understanding what a Constitution is. We had the current Minister of Finance who was chairing CODESA in South Africa telling us how we could come up with a Constitution. We were also lucky to interact with Professor Reginald Austin, who has undertaken Constitution processes in quite a number of countries in the world including Cambodia.
After the Bulawayo training, we as Co-Chairs and our deputies were also invited to South Africa to understand what processes they went through from 1992 to 1994 when they had their elections and leading to the adoption of their Constitution. We even visited the South African Constitution Court and interacted with the Judges of the Constitutional Court who taught us the role the Constitutional Court played and that also gave us the conviction that at the end of it, we also required to have a Constitutional Court.
The initial phases of the Constitution making process were quite problematic. We were three parties. At each and every time we would go to our caucuses. Debates would go on and on and sometimes the quarrels were meaningless. I think we were trying to find each other – eventually, we did find each other but after quite some quarrels.
We were initially housed here at Parliament being supported by the secretariat of Parliament. I must give my greatest honour to the leadership given by one of the Deputy Clerks who was assigned to be our initial secretariat – Mr. Chokuda. He played a key role in supporting us. We did not have a budget. If anyone remembers, the February 2009 budget did not mention the Constitution making process at all. The revised budget of May 2009 did not mention the Constitution making process at all. It did not even make an allocation at all but we were already in office and we were supposed to be doing some work. We were being supported by the budget of Parliament and we must thank the Clerk of Parliament for availing the sources from his meagre budget to assist the initial processes until we held the First Stakeholders
Conference.
After the First Stakeholders Conference, we then started receiving resources from the donors but they were all being channelled through
Parliament. Once we started work, we realised that we needed working Committees as an institution and so we set up the first Committee which became the Budget and Finance Committee which was chaired by Hon. Walter Chidakwa and deputised by Hon Gift Chimanikire. The other members were drawn from the three political parties.
We also set up the Human Resources sub-committee which was chaired by Hon. Gift Chimanikire and deputised by Hon. Walter Chidakwa. There was also the Stakeholders sub-committee which was initially chaired by Hon. Chindori-Chininga and was then replaced by Hon. Flora Buka when he left COPAC. The sub-committee was deputised by Hon. Rorana Muchihwa.
The other committee was the Information and Publicity subcommittee. This sub-committee was chaired by Hon. Jessie Majome and deputised by Hon. Martin Khumalo. The Legal sub-committee was chaired by our young lawyer Hon. Brian Tshuma, who has done quite a splendid job in that respect.
The Select Committee had clear Terms of Reference given and clearly spelt in Article VI of the GPA. Mainly, the role of the
Committee was to set up such sub Committees chaired by Members of Parliament and composed of Members of Parliament representing members of the civil society as may be necessary to assist the Select Committee in performing its mandate. It was supposed to hold such public hearings and such consultations as it may deem necessary in the process of public consultation over the making of a new constitution for Zimbabwe. The third role was to convene an All Stakeholders
Conference to consult stakeholders on their representation in the subcommittees and then to table the draft Constitution at a Second All Stakeholders Conference; and lastly to report to Parliament.
We did try to adhere to the timelines during the early stages of the Constitution making process. A least we met the first timeline given, that was to be set up within two months – that was done in April. The second timeline was to hold a second All Stakeholders Conference within three months. We managed to do that. On the 14th of July 2009, we held the first All Stakeholders Conference. After that we dismally failed to comply with any of the timelines for reasons beyond our control. Now that is the structure of the Select Committee. It also set up a Secretariat which was lead by Mr. Gift Marunda and his management team. This Secretariat has done a splendid job to provide the necessary support to our work.
I have already spoken about the holding of the first All
Stakeholders Conference; before we held the first All Stakeholders Conference, we realised that it would be very difficult to simply mobilise people from all corners of Zimbabwe and say you are stakeholders and you are supposed to do ABC without them knowing exactly what this whole process was about. As a Committee we decided to visit all the ten provinces of Zimbabwe and hold stakeholder meeting at provincial level. These meetings in some provinces were alright and in some there was a lot of tension. There was so much suspicion. All the parties felt that there must be some hidden agenda somewhere. I remember going to Mutare, we were supposed to have a meeting at 0900. By the time I visited the venue at 0800, one party had filled all the seats inside and all the other parties were outside. I then said that we had come for all parties and not for a single party. That is the kind and nature of suspicion and tension. It was only after addressing them when they saw us together that tempers cooled down and then they began to appreciate what this committee was all about. I must say that it was quite an experience which taught us how we could manage the first All Stakeholders Conference.
After our introduction to all the provinces, we then came to the first All Stakeholders Conference. I will not say much about the first day but it goes in history that it was a day of baptism, face to face with the real Zimbabwe and we said we shall never have this again. I was happy that the second day was quite good after the Principals had addressed the nation and highlighted that we needed to support the process. We were happy about the outcome of that first All Stakeholders Conference because we had called it for only two major purposes. Firstly, there was need to set up the Thematic Committees and identify the Thematic Chapters on which we could structure our outreach. The second one was to agree on the methodology of the outreach in terms of the representation of civic society and political parties. A decision was then then made on three issues that, firstly on all the Committees we were going to have, we would try to adhere to a 50/50% gender representation. To some extent it succeeded, to other extents, we failed because Rome was not built in a day but we tried our
best.
On the second one, a resolution was made by the First All
Stakeholder Conference that in all the Committees we would set up 30% would be made of politicians and 70% from civic society. We also agreed on the 17 Thematic Chapters we were going to have and once that was done, we then said, ‘Okay, we can now embark on the
Outreach’. The Thematic Committees which we agreed to at that
Conference were the Founding Principles of the Constitution; The
Committee on Separation of Powers of the State; the Committee of
Systems of Government; the Committee on Executive Organs of the State; Police and Defence; Elections, transitional mechanism and independent Commissions; The Committee on Citizenship and Bill of Rights; The Commission on land and natural resources; the Committee on Public Finance and Management; the Committee on the Media; the
Committee on Traditional Institutions and Customs; the Committee on
Labour; the Committee on Youth; the Committee on the Disabled; the
Committee on War Veterans, Freedom Fighters; the Committee on
Local Languages, arts and culture; the Committee on Women and
Gender and the Committee on Religion.
Unfortunately, no resources were given to COPAC to go on Outreach. We tried to get resources from Government – resources were not forthcoming; from donors – resources were not forthcoming. We only found a funding agreement with the UNDP in March of 2010. I am not going to ascribe blame on anyone but this is what caused the delay in going for Outreach. We only embarked on Outreach in May of 2010, almost nine months after the holding of the First All Stakeholder
Conference – nine or ten months, that is when we then went on Outreach.
In the meantime, due to the kind of different nature of the Select Committee - Parliament has Select Committees all the time; Parliament can have Portfolio Committees but this was a unique Select Committee which was supposed carryout a national function. We realized and I think, it was realised by the powers that be that maintaining this Committee under Parliament at that stage with the kind of political issues it was supposed to deal with – it would be difficult for it to achieve its objectives. Then we were moved away from Parliament and had an independent Secretariat established away from Parliament but in order to deal with possible conflicts and also policy directions necessary
– a Management Committee was then established to assist the Select Committee achieve its mandate.
This Management Committee was composed of the six negotiators
Hon. Tendai Biti; Hon. Patrick Chinamasa; Hon. Nicholas Goche; Hon.
Elton Mangoma; Hon. Priscilla Misihairabwi-Mushonga; Prof. Welshman Ncube and our Minister of Constitutional Affairs to maintain the correct link Advocate Eric Matinenga; the three core-Chairs were also drafted into this Management Committee. This Management Committee played a splendid role because whenever we had irreconcilable differences – they played the role of breaking the deadlocks. They also assisted us in the meetings we had with the donors under the project Board ensuring that we account for all the resources; ensuring that we get the necessary resources from the donors.
As I indicated, the funding arrangements of the Select Committee were as follows: - we were receiving grants from Government through the Ministry of Constitutional Affairs. At the same time, were also getting financial support from a basket fund managed by the UNDP. UNDP would manage money donated by various donors - USAID; some of them SIDA; FDI and various other countries which put in money – Australia, Canada. They were all putting money into the basket fund and then UNDP would provide the link between us and these donors. We were not interacting with any individual donors directly as COPAC; we were only interacting with the UNDP as the managers of the basket fund. We were also holding Quarterly meetings with the donors, accounting for the use of the funds in the previous Quarter and also seeking approval of our activities for the next Quarter and the funding for that Quarter. Government would give us money as and when the monies became available.
Before we went for Outreach we realised that the teams we had selected which were inclusive, politically required training. So, we held training for our teams. We put together teams of about 700 delegates who were trained – almost about 75% of our Members of Parliament participated. In fact, almost all back-benchers participated as Outreach members, some as team leaders and others as just members of the Outreach teams. These 700 people put together, developed what we now called, ‘the Talking Points’, because before we could go on Outreach, it was important for us to design a Questionnaire agreeing on the nature of the questions we were going to put to the population. People had to respond to certain Talking Points – so, we developed 26 Talking Points together with these 700 people.
After the input of the 700 delegates, we had to appoint a technical team of six lawyers who then supervised the delegates to come up with the 26 Talking Points. We had 210 Rapporteurs trained; we felt that it was important for each and every Outreach team to have a Rapporteur. The Rapporteurs had to agree to see what was in each report, write it together, sign it and have it authenticated by the three Team leaders.
The whole process was to make sure that we recorded accurately what the people said during each and every Outreach meeting that is why we had to have three Team leaders in each team; three Rapporteurs and a Technician to record the proceedings electronically so that if there was any misunderstanding, the video back-up recording could be played back for the avoidance of doubt.
The Outreach process took 30 days more than what we had budgeted. We ended up taking about 95 days but all in all, we held 4 943 meetings in the Provinces. In rural areas, we were holding a minimum of three meetings because of the geographical distance between places in each ward. In urban areas, mainly in Harare and
Bulawayo, we were holding one meeting per Ward. In Mashonaland
East, we held 567 meetings at which the total participation of Mashonaland East was 181 756 people participating at the meetings of which 60 158 were males; 69 733 being females and about 50 000 youths. Mashonaland West, 509 meetings, Manicaland 677 meetings,
Matebeleland South 477 meetings, Mashonaland Central 652 meetings,
Matebeleland North 614 meetings, Masvingo, 622 meetings, Midlands 672 meetings, Harare 96 meetings, Bulawayo 57 meetings which came to a total of 4 943 meetings.
In addition, we held special outreach meetings for the children supported financially by UNICEF. We also held a special outreach meeting for the Members of Parliament themselves. We also had institutional submissions and we received 52 written submissions from institutions and other organised groups. We had special outreach for the disabled. We set up a website for the participation of people in the diaspora.
After we had gathered all the data, it became necessary that we upload this data and save it. We acquired a special server and put in a special programme we called CODATA which managed to collate all the data, put it together into an electronic form and ensured that nothing would be lost. As of now, this equipment is now at Parliament and all that took place has been saved and is available.
Whilst we had the data uploaded, it was now necessary for us to setup thematic committees on each and every one of them to analyse the data. We again selected 425 participants to constitute the thematic committees and we adhered to the principle of 30% representation of politicians and 70% Civic Society. We also allocated 30 and 17 slots to political parties and the Chiefs.
During the sittings of the thematic committees, disagreements, sharp disagreements arose. We could not agree on the methodology to be used. Shall we use the qualitative or the quantitative methodology? But the document we have, which has been read out by Hon. Mwonzora uses both the qualitative and the quantitative. It is now an outcome of both the quantitative and the qualitative. At the end of the day, we managed to strike an agreement but after quite some discussions where we said there will be instances where the quantitative methodology will be appropriate and other instances where the qualitative methodology would be appropriate. We scientifically then applied both to come up with a Constitution which has been read to you.
As I said earlier, one of the difficulties which we had, was how to deal with road reports when you had different number of meetings in wards. In some wards in Beitbridge we had seven meetings. In those seven meetings you wanted to capture what you can say is the ward’s view on a particular question raised in the talking points. Then, you come to Harare, they are instances where we held only one meeting. How do you equate views raised in seven meetings and views raised in only one meeting? So that again became a source of further disagreements but eventually we resolved that.
As you will see from the documents, you will get the percentage. What meaning do you give to the percentage which has been generated by the data analysis which we were carrying out. That again became an issue until we eventually managed to find each other. I must thank the management committee for assisting us to find one another when we had those disagreements which almost led to the collapse of this process
itself.
Now it came to how you prepare for the drafting itself. We needed divine intervention to find a way of coming up with an agreeable methodology of putting up drafting instructions. To say the least, this situation was going to be very easy so we started meeting at Phandari here in town. After meeting at Phandari, we did not manage to actually clear what we wanted in order for us to construct drafting instructions. So we decided to move to Masvingo to the Great Zimbabwe. We achieved some progress in Masvingo maybe because we were under the spirit of Munhumutapa but progress was made.
We came back to Harare, again we failed to conclude our work then we had to move to Vumba looking for wisdom from the East. At Vumba at Leopard Rock, we made some progress but we did not finish the work until we had to visit the City of Kings in Bulawayo. In a week’s time and I believe under the spirit of Mzilikazi and Lobengula, we found each other and created the drafting instructions. It was not an easy exercise to say with all of this massive data, what should go into the Constitution and what should not go into the Constitution.
It is not what everybody said which was constitutional but simply to agree that this is what is constitutional and that this is what is not constitutional was not easy. One wants this in the Constitution, the other one argues that this is constitutional and this one says it is constitutional until we then agreed to say okay, well and good this is what we are going to put in the Constitution. We created quite a number of documents, a document of constitutional issues, I am sure you will see it in your package listing out issues which we generally agreed to be constitutional.
We then looked at the data and realised that there were some gaps in the data that generally people would answer the question what without answering the question of how. We want a constitutional court and we want it to start by judges but they will not be able to answer where these judges will come from. They will not be able to answer the qualifications of the judges. They will not be able to answer how those judges will be appointed.
All these were then identified by our team of legal experts to be the gaps in the information we had. We want two Houses of Parliament. We want gender equality. They will not tell you how to achieve that gender equality in the House of Assembly or the Senate even after agreeing that let us apply the zebra system of man – woman, man – woman and so on in the Senate until we realized that unless we put women on top of men we will not achieve gender equality. So the zebra will start with women on top, men coming with women always on top then we have gender equality all the time. That was the gap. The gap was women on top. That is the gap. That had to be achieved by research to say, how did other countries achieve gender equality even using the zebra system.
Rwanda is leading in terms of gender equality. So you say how did they achieve it in Rwanda. Even during the research one can find a different system from another country than another. You then have to say how do you reconcile these. Negotiations became inevitable. We are not even shy to say whenever we found gaps we had to negotiate after due research. We had to say what is happening in other countries. What are the international best practices? How do they apply to the circumstances of our own country and this required technical reasoning and your Select Committee had to do that.
We respected the views of the people and all the issues they had answered. But where they had not provided us with answers, we had to fill in the gaps by research and after research we had to negotiate and agree. That is why then the process took longer than we had anticipated because negotiations were inevitable. We started negotiating as a team of 25 and we realised that in a whole day you will not agree on anything until we had to say to ourselves, if we are to achieve something let us break ourselves into two groups of Select Committee members.
[Time Limit]
- MANGWANA: We had to set up a Chairpersons Forum,
where the chairpersons would look at all the contentious issues first and try to strike an agreement and make recommendations to the Select Committee. That way we then started making some good progress. After all this, we started the drafting process. We selected three drafters on the basis of their professional competence and these are Hon. Justice Moses Chinhengo, Mr. Brian Desmond Crozier and Mrs. Priscilla Madzonga.
We also created our own supervising committee which was made up of the three Co-Chairs and three legal experts, Dr Alex Magaisa, Mr Godwills Masimirembwa and Mr Josphat Tshuma. The six of us were working together with the drafters to create that platform where the drafters could engage members of the Select Committee and get guidance as they were drafting. This maintained the link between the Select Committee and the drafters so that we could keep a check on what the drafters were doing.
We are happy to say that eventually members of the Management Committee joined us in assisting us complete the drafting because they were quite a number of contentious areas where we needed similar political leadership to assist us come up with answers where this required political direction.
On the 18th of July, 2012, we had the draft. That draft was taken to the Second All Stakeholders Conference and it was commented upon by the stakeholders. The draft, of course, received a lot of media blasting and a lot of criticism from various political parties. We are happy to say at the end of the day everyone adhered to the road map stated out in the Global Political Agreement that all comments had to be channeled through the Second All Stakeholders Conference. We then had the conference and that conference interrogated the draft, made comments to it, proposed amendments and proposed suggestions. We received the report and analysed it.
We realised that after the Second All Stakeholders Conference, we had four areas. First we had the area where the stakeholders did not make any comments and indicated their happiness with the draft without any comments. The second area is where the stakeholders agreed to make changes within their committees to certain aspects of the draft. We factored those changes straight away into the draft before you. The third area is where we were unsure whether stakeholders were actually agreeing or disagreeing. We interrogated each and every proposal and where we were able to glean the agreement the stakeholders were having, we then took that as agreed and put again into the draft. We had the last one where stakeholders were making proposals and counter proposals on each and every point they were raising. This became the most difficult area because you had to weigh the views and say which one do we accept, which one do we reject, what are the reasons for accepting this or rejecting that.
That is where your Co-Chairs spent their Christmas and New
Year holiday at – trying to see how to reconcile the divergent views. Again, negotiations became inevitable. A lot of thinking came into it. A lot of imagination came into it until we were able to get the draft out. What do you say about devolution? What does that one want about devolution? Why is that one resisting devolution? What are the fears? How do we resolve the fears? How do we get the real message we want the people to know? What did the people want when they spoke of devolution? Do they want a separate state? Do they want simply to be involved in decision making and in what manner?
[Time limit]
THE TEMPORARY SPEAKER: Order! In terms of Standing
Order Number 57 (a), the time for debate is exhausted.
MS CHINOMONA: I move that the hon. member’s time be
extended.
- GONESE: I second.
- MANGWANA: This is the area where I said we had to have negotiations. We had to negotiate for four principal reasons. Firstly, sometimes the views were so contradictory that they were so diverse and that there was need to benchmark our document to international best practices.
I had not mentioned that after the Second All Stakeholders
Conference, differences emerged. The principals then set up the Committee of Seven which was made up of Hon. E. Matinenga who was our convenor and Chair, Hon T. Biti, Hon. P. Chinamasa, myself, Hon. E. Mkhosi, Hon P. Misihairabwi-Mushonga and Hon D. Mwonzora.
This is the team which had to finalise the views which came from the Second All Stakeholders Conference and create a preliminary draft for discussion by the Select Committee.
The Select Committee, on the 31st of January 2013, adopted the draft we had brought from the Committee of Seven which is now the draft which has been tabled before you by Hon. Mwonzora.
I must say that this constitution making process is to go down in history as one of the processes which brought about national healing in our country. At our level as Members of Parliament, we were able to look into each other’s eye, trust each other, confide in each other – my friend I have been from my party they do not want this but you shall not say it to anyone. Ini ndabva kwangu, shamwari ndanopiswa saka todii tose tisatsva! That is how we were to confide in each other. As leaders of the 25 member committee, as I indicated earlier, we started with quarrels and by the time we completed this process, you could not distinguish an MDC member from ZANU PF member, a ZANU PF member from an MDC-T member. That is the kind of national healing this process achieved.
In the country side, those who witnessed the Second All Stakeholders Conference could see the peace, tranquility, tolerance and the whole manner in which our people of Zimbabwe were sitting together. That is one of the benchmarks that we achieved through this constitution making process.
We are also happy that you colleagues, when we led you into the outreach programme and all these other processes, you were also able to show that oneness which is required to build a nation. We thank you for that. You showed the way and people followed you.
We had a lot of challenges. One of the challenges was the delays in funding which I have already mentioned. The other one was the serious political polarization at the commencement of the process. That one was resolved with the passage of time and I am quite sure that the mood prevailing in this House is exactly a replica of the mood created by COPAC as a result of the constitution making process.
We also suffered some negative publicity and that was quite a serious challenge. The media assisted sometimes in increasing the polarisation even amongst the political parties who were about to reach some consensus. They would lead the discussions, they wanted to show that this party is giving in to the other; they wanted to report on inconclusive discussions and report negatively. That affected the pace at which we were able to find each other. Sometimes after a report was leaked about what we were discussing, if you had not yet sold the idea to a political party, you could now not proceed with the discussion because your political leaders will call you and say, but who told you to move in that direction. If you had not received a political nod to do so, then the negotiations will not proceed. That delayed the conclusion of our discussions but we have spoken to the media, we have tried to engage them. Of late, I must say, we are very happy. Maybe it is because the process has now been successful, everyone wants to associate themselves with success. We are receiving very positive coverage and we hope this continues until the Referendum. It was quite a challenge.
On the finance side, the process was extremely expensive. The Government of Zimbabwe provided funding to the tune of US$24.7 million. The donors provided funding to the tune of US$21 million. So all in all, this process has cost Zimbabwe, US$45 million. I know people will ask why, but my answer is always simple, democracy is very expensive, people die for it, people pay the utmost price for democracy. We have only spent money and no life has been lost but we have spent money for a cause we think has been good, for a cause which is going to lead our country to prosperity and for a cause which is going to usher in stability in our country. We have accounted for each and every cent and audits have been held. The Ministry of Constitutional and Parliamentary Affairs has always been keeping an eye on how the resources were being used. We are happy that these funds were used responsibly. Our Chairman of Finance, Hon. Chidhakwa is a very strict man and a very stringent person and he has been making sure that the funds are well spent and properly spent. I am happy that we have come to this end of the process without any monies being alleged to have been embezzled and I think that is quite a good show.
I want to thank the leadership of Parliament initially for assisting us during this process. I want to thank you hon. members, if you had made so much noise, the whole country was going to follow you because you lead constituencies. Even when we delayed, you did not complain too much. You used your cars and you have not been paid in full. Some of your cars were damaged which you want to use in the next campaign. We will plead with the Minister of Finance to see how he can compensate you but as COPAC, unfortunately, we cannot do much. At least you have a Constitution to take to the constituencies and say, look, as your MP, I delivered the Constitution in the five years that I was in power. You have campaign material, hon. members, do not be disappointed.
I also want to thank our service providers particularly the hotels. Some of them could house our teams for 90 days without any payment, literally feeding our teams. We still owe them some money but they have continued to accommodate us in the processes that we have been undertaking up to now. We want to thank the Minister of Finance, he has made an undertaking that he will continue to provide resources for us to settle our bills. We do not want to be known as a committee which remains in the books of business people as a bad debtor after having done such a good job. I know the Minister of Finance cannot fail us. I want to assure them that we shall pay every cent of the debt. We thank you for the services that you have provided. Those who have issued summons should instruct their lawyers to hold on because this Parliament is hearing me saying you shall be paid.
Finally, I want to thank the people of Zimbabwe for their patience. It has been a long journey, it took longer than they expected but they have been patient. This is the time that they will receive the document that they have been waiting for. On behalf of the Select Committee, I want to say, we think we did our best for our country but we feel honoured and humbled by this national task you bestowed upon us to be part of the history of this country. I thank you.
- MKHOSI: My colleagues after all have gone over the boundaries that we had set ourselves. Nevertheless, I have got a few people that I must thank for a job well done. The two co-chairs, please accept my thanks for the job that you did, had you not done that job in the way that you did it, by now we would not be having the document that we are all proud of. I also thank the Minister of Constitutional and Parliamentary Affairs, Hon. Matinenga in particular, for being a very determined worker. At times I thought we could not make it but his presence made a difference all the time. I must also thank the Committee of Seven, the negotiators, those people unlocked a lock that could have destroyed the constitution making process. When we started, we were working in an isolated manner from the drafters. The drafters were doing their own thing and almost drifting. The negotiators said the best thing to do is for you to work very closely with the drafters. We brought in our legal minds and they worked with us tirelessly and finally we were able to produce the document though afterwards as mentioned by Hon. Mangwana, we had some problems because of some interpretation which mentioned some of the issues that never came into the document.
The issue of homosexuality, I do not remember, as far as I was in this process when we talked of homosexuality but very often it was always in the papers. Where the papers got it from, I just do not know. I appeal to the Press that we are almost reaching the final stage, this is the time to interpret the document to the people. Please correctly inform the people so that you give them material that will help them to make good decisions that are progressive for this country. I know it sells better as a paper to sensationalise an issue even if there is nothing exciting in that issue so that you can sell your paper the next day. I sincerely appeal to the Press that they must come into line and join the rest of Zimbabweans. I also must reiterate my thank you to the parliamentarians and urge them that as they go to their respective constituencies, please thank everybody in your constituencies who took part in the outreach.
Finally, I want to thank the Principals. You remember, the First Stakeholders Conference was almost a fiasco which was rescued by the Principals. Their presence made a difference. We were able to go out as sons and daughters of the same father and mother. We forged some kind of mutual understanding that carried us through. Again, when we were about to finish, the process almost collapsed until the principals formed the Committee of Seven and invited us to attend the meeting with them to explain the basis of our misunderstanding.
Fortunately, after listening to the presentation without any squabbles, they all said we are happy with the product. So, today we are celebrating on behalf of Zimbabwe, the Principals, the negotiators this wonderful time, this historic moment in Zimbabwe, thank you very much, go well home. I thank you.
- BHASIKITI-CHUMA: Thank you Mr. Speaker. I do want
to acknowledge the long process this exercise took us, but always those of us who married beautiful women – ladies, know that you have to travel more than ten times to get a nod and from there, to get to the wedding day is a process. So, that is how I understand this process as a very important milestone for our nation. I just want to celebrate with the people of Zimbabwe who came out strong as we went out to conduct the outreach and spoke their minds. They poured out everything which was being captured by our teams as we went around the country.
Mr. Speaker, I have no doubt that the product we have at hand is a people-driven product. It is a Constitution by the people, for the people, which satisfies all parameters of democratic processes. Mr. Speaker, at this point I do not think about the pains which the process might have taken us through. The reason being that as you hold the baby, all mothers know that they quickly forget the pains they go through in labour. Some say that they will not have children again but when the baby comes out it will be all smiles. So, it is all smiles now that we are successful and we are proud that as Zimbabwe, we are capable of managing our own national affairs. They now know that we are able to produce a very good document which is not even comparable with most of our international friends.
Mr. Speaker, I am saying this because I know in our Constitution, it is the only Constitution which has a Chapter for traditional leaders to give reverence and importance to the office of our traditional leaders. It means we have carried out a very important exercise and I know the chiefs of Zimbabwe should be the proud people of the nation, and they can boast around and say tisu tirikutonga, tisu takataura, izvi ndezvedu.
Mr. Speaker, I do not want to pour many words to this wonderful document which is before us like the mover and the seconder have already said that we need to move promptly and show the people that our baby is now out. All we were guarding against was getting an illegitimate baby. We can now say nzeve idzi ndedzavaMnangagwa nyangwe kumeso kwacho, unongoona kunaka kwacho ndekwavaMnangagwa saka mwana ndewavo uyu. So, this is our product and we are happy, we are proud of it. We are not ashamed as hon. members to take this document, even beginning tomorrow, to our electorate and tell them that you were well represented, your views are well contained and we are happy.
I know those who want to prophesy doom to it, will very soon realise that it is better to move with others and declare a ‘yes’ vote and declaring the authenticity of this document. I thank you Mr. Speaker.
THE DEPUTY MINISTER OF WOMEN’S AFFAIRS,
GENDER AND COMMUNITY DEVELOPMENT: I wish to add
my voice to this historic debate that is before the august House today. I want in particular to add my voice on the progress that our great nation Zimbabwe has attained at this particular moment in the history of our country.
I would want to really celebrate, particularly, the fact that we are definitely on a pathway where, all Zimbabweans have heeded to the call which was made by our Principals in their wisdom; in particular, that, when they agreed to the Global Political Agreement, they said that they were determined that they shall set their differences aside and work together in order to solɶe the probleɭs thatȠbedevil our country. In this particular matter, those very issues have indeed been set aside. I am particularly elѡted that耠we wouìd have a Draft Constitution that actually has the word ⁘happy’ in it, that actually obliges all State ⁘nstitutions and rgans to work in ⁘rder to fumfi|l nat䁩onal objectives tha6 are in pѯѬicy making a䁮` al聳o in ũmplementaѴion,0tha4 will lead the establishment, 聥nhancement and promotion of a sustainable, just, free and democratic society in which all people enjoy prosperous, happy and fulfilling lives. I want to congratulate the people of Zimbabwe for coming up with such a process and this product.
I must, as a matter of necessity and a matter of justice speak and refer to one group of people in the society of Zimbabwe. These are women Mr. Speaker, Sir. Zimbabwe has a very unique situation in the sense that they are not only 52% of the population, but that the women of Zimbabwe themselves are very hardworking and are important in our country. The women of Zimbabwe also went to the liberation front and also fought the liberation war but alas Mr. Speaker, Sir, Zimbabwe continues to be a country whose present constitutional dispensation can be regarded as one of the worst Constitutions in the world as far as its treatment of women, the reason being that it does not accord women the status of equal citizens. In fact the present Constitution gives license to discriminate against women.
Therefore, I want to particularly celebrate the step that Zimbabwe has taken in pushing to make sure that Zimbabwe departs from this particular sad moment and that in fact it is interesting to note that the Principals Mr. Speaker Sir, in Article 6 of the Global Political
Agreement that gave birth to this constitution making process, singled out only one sector of Zimbabwean society and mentioned it by name. They did not mention any other group at all in the preamble in Article 6 that gave birth to this process. They mentioned women only and they said that they were determined and that the new Constitution that arises from this process deepens our democratic values and principles and I quote “particularly, enhances the equal citizenship and dignity of women”. I am therefore, celebrating again Mr. Speaker Sir, the fact that the women of Zimbabwe have indeed stood up to this particular task. They were not found wanting and they did not miss this opportunity because in this Mr. Speaker Sir, it is most interesting to note that in the process of the Constitution Making the majority of the people who turned out in the Select Committee’s outreach meetings were women. We have been told by the Co-chairpersons the statistics. There was a total of 441 238 women who turned up across the countryside at meetings. There were 416 272 men who turned out at outreach meetings. What is most interesting is the difference that there were 23 966 more women than men who walked with their feet and spoke with their feet and spoke with their presence in these meetings. Thus, there was 23 966 more women who turned out at outreach than men of Zimbabwe and the total number of youths who attended these meetings was 253 240. That means apart from the fact that of course there are some women who are also youths, there were 187 998 more women than youths who turned up in physical presence at these meetings.
Mr. Speaker Sir, I thought it will not do justice for the history of Zimbabwe not to record the very vocal, the very eloquent and the vociferous statement that the women of Zimbabwe made in this particular process. Mr. Speaker Sir, cynics might want to explain away the overwhelming presence of women in this process by saying that possibly women are the majority of the unemployed and so they have a lot of time on their hands and that is why they turned up for meetings. Mr. Speaker Sir, I would hasten to state that, that would clearly be not the case because this turnout has shown that instead, the women of Zimbabwe are very conscious of the importance of themselves in the life of their nation. Indeed they care about their country. They are interested in how their country is run and that they are determined to play a part in the solution, through this particular process and to also reverse the unfortunate and unacceptable constitutional state of their status.
I would also hasten to add that in February 2012, that is last year,
Zimbabwe being party to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) presented its second, third, fourth and fifth reports to the CEDAW Committee. At that presentation in Geneva, Zimbabwe caused concern to the CEDAW Committee. The CEDAW Committee raised concern with Section 23 (3) of the present Zimbabwe Constitution which gives licence to discriminate against women. It in fact gave Zimbabwe about 18 months to rectify this situation and Mr. Speaker Sir, I am indeed encouraged and indeed happy that this process has taken us this far and now the draft constitution does in fact give Zimbabwe an opportunity to actually rectify that anomaly and to meet its obligations in terms of
CEDAW.
With that, indeed we would have a Constitution that eliminates discrimination against women. Further again the SADC Protocol on Gender and Development which this very Seventh Parliament ratified in terms of Article 111B of our present Constitution, there is Article 4 that requires that all SADC member States such as Zimbabwe, must by the year 2015 ensure that Zimbabwe has a Constitution that enshrines gender equality and eliminates discrimination. It is therefore, in light of these imperatives that it is to be celebrated that this Draft Constitution that has come out of this process does indeed put Zimbabwe well on the path to fulfilling its obligations in terms of the SADC Protocol on gender and development.
I will therefore, Mr. Speaker Sir, want to add my voice to celebrate this process and the stage that we have arrived at and to indeed venture to say that the COPAC draft and the COPAC process that has been tabled before the House is a tonic and maybe indeed the panacea to the ills that have bedeviled the very unacceptable status of women of
Zimbabwe itself. It even goes so far, and we should celebrate, as to make a breakthrough and to depart from the very unfortunate legal tradition that has been used in the interpretation of statutes whereby the masculine is said to include the feminine. This Draft Constitution departs from that tradition and indeed makes a breakthrough in referring to women specifically and using very gender sensitive language in referring to people as either “he” or “she” and not anymore including the feminine in the masculine amongst all the other things that it does.
I would hasten to say that this Draft Constitution may very well be the best thing that has happened to the women of Zimbabwe as far as their legal status is concerned since the Legal Age of Majority Act was passed in 1985 in order to stop African women from being regarded as perpetual minors. That did not go far enough because at law Mr. Speaker Sir, the women of Zimbabwe are still not considered as equal and this Draft Constitution does indeed give a chance to complete that process and to make Zimbabwean women full citizens at last.
I wish to just end by also paying tribute to all the people who sacrificed their time and their effort and indeed their determination in this particular process. This process has not come cheap. At least one person paid for this with his life. There was one person called Chrispen Mandizvidza who paid the ultimate price at Mai Musodzi Hall in Mbare during the outreach process in Harare in September 2010; but it is to be celebrated that this was a process in which he would not have lost his life in vain because in this very difficult and painful process,
Zimbabweans have found each other. We have found each other and we have come to respect each other; and indeed we are moving forward together as a nation; and that indeed we may live happily ever after, hand in hand in the light od this Draft Constitution. I thank you Mr.
Wpeake2 Sir.
VHE MINISTER ࡏF WO䁍EN’S AfFAIRS, GENDER ANT COMMUNITY DEVELOPMENT: Mr. Speaker S⁘r, I wish t䁯 add
my voic⁘ to the celebratkry noteРas a member of the select committee.
I Want to make two points. Many times 䁉 hear people say proudly
Zimba䁢wean, it sounds like we aѲe copying. I always†feel ,ike we should say uniquely Zimbabwean. This p⁘ocess nf Constitutɩ/n Makine ha{ proved to me once more!uhat we are a very unique people. There is no other country under the sun which has made its Constitution in the manner we have done in a very participatory process. Participatory that starts from the grassroots right up to our principals and reflect the totality of that society. So I just want to celebrate the uniqueness of Zimbabweans as demonstrated in this very democratic and participatory process.
The second point I want to make Mr. Speaker is that the environment we started in was very polarized as previous members have said but we have proved one thing that by having a unity of purpose we are able to achieve what we want or what we set out to do. Several times I have said to my colleagues in the Committee that whenever a group comes to work together, whatever group it is, it goes through four processes.
The first is the storming. When you are trying to find each other there is some stormy exercise and we did have quite a good number of those but at the end we were even able to laugh about who we were in April 2009. Then we come through the process of forming. When we had found each other, we were even forming sub-committees, friendly relationships and so forth. Then we went into performing and in the process of performing, we set certain norms.
I am making that point as we go for the Referendum and for the elections; I hope we can carry the spirit of performance that we have established through the Draft Constitution as well as the norms of working together to achieve a common purpose. The common purpose is, for every Zimbabwean to say this is my Constitution because I participated in the outreach, uploading, drafting or even reading. I want to appeal to Zimbabweans to please read when the Draft becomes available through the media, websites and copies that will be distributed. One of the disturbing things that I went through as a Committee Member was to find people saying things that were incorrect because they heard from somebody else. They did not read. It is very important that Zimbabweans take ownership of the Constitution to make it their document, to internalize it so that when the opportunity or the need arises they can use it because they have read it and they are able to use
it.
I was watching a documentary on Venezuela. Some American journalist went to do a documentary on Venezuela whilst they were in
Chavez’s Palace, a coup took place and they were locked up in that Palace and Chavez was taken out to some Island. What restored normalcy was the people coming out and saying no, our Constitution does not allow that. The people of Venezuela had read and understood their Constitution. They marched enmass to the Palace and that was the end of the coup. The documentary ends with Chavez coming back because the people were guided by their Constitution and they acted on
it.
was watching a documentary on Venezuela. Some American journalist went to do a documentary on Venezuela whilst they were in Chavez’s Palace, a coup took place and they were locked up in that Palace and Chavez was taken out to some Island. What restored normalcy was the people coming out and saying no, our Constitution does not allow that.
The people of Venezuela had read and understood their Constitution.
They marched enmass to the Palace and that was the end of the coup.
The documentary ends with Chavez coming back because the people were guided by their Constitution and they acted on it.
I want to urge Zimbabweans to participate in the Referendum through reading and supporting the Constitution. I thank you.
+MR. F.M. SIBANDA: Today I want to speak like an activist. I thank you and I am also happy because a child has been born in
Zimbabwe. I started the struggle in 1965 when I was at Gloag Ranch Mission. Up until now a child had not been born, so I would like to say congratulations Zimbabweans and congratulations children of the soil because Prophets like Jeremiah have failed.
That was my introduction, now I am switching over to English so that we can move together.
Mr. Speaker Sir, I always quote lessons from history. In South
Africa, there was CODESA and Mr. Cyril Ramaphosa, now the Deputy President of the ANC. He was one of those activists who did the donkey work but he was not selfish. For almost ten/fifteen years, he went to business and did not hurry to take political posts. So, this to me is a lesson that when we work for people, we should not seek recognition but God will bless us. A constitution to me is a social contract between the governors and the governed and it has to show what I would call constitutionalism. Yes, our Constitution is second to none in Africa in general terms but we have to uphold the spirit of constitutionalism and political will so that the implementation thereof becomes reality.
I would like to thank the negotiators of the GNU to have come up with the mechanism of constitutional making process. If it were not for the negotiators from the three political parties together with the Principals, the process would be a pipedream. More importantly, I am calling for recognition to be extended to all members of Parliament, technical staff, drivers who made this a success during an outreach programme where we were infested by malaria and other ailment because of dedication to duty.
More importantly Mr. Speaker Sir, I am indebted to the COPAC
Select Committee, co-Chairs and the Management Committee, the
Principals and I therefore propose for recognition of all who made the process a success. But, how should we not recognize the current crop of heroines and heroes of this continuous struggle in Zimbabwe? How should we not recognize the people who struggled throughout up to date, it is a food for thought?
However, as I have quoted history, in South Africa, the most hated apartheid President who was converted the last minute like Paul on his way to Damascus was awarded together with the icon of Africa, Mandela. They were awarded for bringing peace and tranquility to
South Africa.
At this juncture, I do not want recognition personally, but people have to recognize that there was a young lawyer by the name Douglas Mwonzora and an elder lawyer by the name P.M. Mangwana. There was a social worker, an agronomist by the name Mkhosi. These names should go into the annals of history and be awarded recognition.
We have also to go further and say who did they work in tandem – the Management Committee. I cannot name the names because I might miss some but I saw my muzukuru Priscilla Misihairabwi-Mushonga.
Hon. Tendai Biti was there. Hon. Chinamasa was there, Hon. Goche was there. There was Hon. Mangoma and others but others I do not mean to demean you. It is my memory that has elapsed because of age, maybe.
Hon. Members, I need to applaud the preamble of the Draft Constitution. It recognizes the following among others – not in order of priority – the Almighty God. If you would get a bill of the American
Dollar, and surrender the money of their bill to God. They trust in God. This Constitution to me is dedicated to the Almighty God. If we fail to implement that, we will be charged and cursed like Nebuchadnezzar who did not follow the tenets of good governance. The preamble also considered the following; freedoms, justice, gender equality, heroic resistance to colonialism, racism, tribalism and all forms of domination and oppression by man. It also reaffirms the upholding and defending of fundamental human rights and freedoms.
le sets the motion and intended national objectives and obligation. In and outside
I was touched when Hon. Majome was talking about this Constitution protecting girls and women – that is understood and I applaud her for that. When you refer to Section 82, it refers to the protection of the elderly. All of us were young, we are growing and ageing. It is unique in Africa that people of my age will enjoy before we die. In Botswana there is a policy that every elderly person of 60 years and above will have a pension to sustain them. I will never be a ghost or tokoloshi when I die because my heart is clear now that after working over four decades in the struggle physically, I have achieved a document for my great grand children.
Lastly, hon. members, I want to end on a very high note. The people of Zimbabwe are unique. They are stubborn in nature but reasonable in resolution. I need to congratulate ZANU PF which is formerly ZANU and was formed in 1963 by my cousin Nkala. I was still energetic and I was there that time. I also need to congratulate the
Movement for Democratic Change and Movement for Democratic
Change Green because we are one. It is a matter of perception and leadership personalities. We are one. To me as a senior elderly backbencher, I am applauding and appealing to members that these political parties should implement the road map to elections and get rid of violence, intimidation and vote buying so that whoever wins becomes our national President.
In short, I would like to thank the Principals, Members of
Parliament who went out there, the management committee, the staff of Parliament and even our Clerk of Parliament. There was a time he was
very instrumental; more importantly, our Speaker of Parliament for
navigating this massive ship that has borne a new child here. I thank
you.
*MRS ZINYEMBA: Thank you Mr. Speaker. I feel very free to debate in my mother language. I will therefore speak slowly to enable interpreters to interpret perfectly as we have in the past had a culture of distorted speeches in the Hansard especially when we make our contributions in Shona or Ndebele. First of all, I would like to thank my God for working with the people of Zimbabwe in the writing of our Constitution which we are debating today. Nobody may dispute the fact that when this process started, we had problems amongst ourselves here in this august House. We nearly had physical fights because of the misunderstanding of the Constitution making process. But I would like to thank the Lord because in the end of the misunderstandings created a platform for unity amongst the people of Zimbabwe.
You will notice that during the outreach process there were lots of suspicions amongst us during the early stages. This went on for nearly three weeks but at the end of the outreach process, we were united and shared whatever we had regardless of our political affiliations. The unity which was brought about by this process should be upheld so that we protect the Constitution in the coming processes.
We also noticed that members of the Select Committee also had problems. We read about it in the media but we thank our dear Lord for being in charge and peace prevailed. Finally, we have our document – the Constitution of Zimbabwe. My observation is that when you go to our constituencies and discuss the new Constitution, none of the electorate will begrudge us because the information gathered during the outreach process is what makes up this Constitution. In each Ward, three meetings were held so that the public would make their contribution for inclusion in the final document.
The chance given to the people showed that the document is truly theirs. Even as we leave this august House and give feedback, we should not be afraid because they spoke and we listened. All we have to do is to explain the modalities in the crafting of the final document but all the material came from them. We thank the writers of the document. Do not be afraid of going back to the people because you are giving them what they proffered. All that was done was to treat the material technically and we are assured that as far as feedback is concerned we have no fear - we did a good job.
As Africans in this country who were oppressed we want to thank the public’s contribution and the technocrats for a job well-done for us, the people of Zimbabwe, that we are united, we are able to do our things on our own. We were hearing stories about donors that helped us but no one came in saying Mwonzora, Mangwana and Mkhosi – even the negotiators, no one directed you. You did it all by yourselves in your
God given wisdom. We would like to thank you for that, for there was no outside interference. We should be proud of that and also that we are no different from the other nationalities despite colour – our blood and intelligence are the same or even much better.
For us Zimbabweans, this Constitution has taught us that if you visit other countries, our children are more educated and hard-working. This idea of going for greener pastures, they are going there because they are sharp; if it were not that, they would be beggars out there – they even have better jobs in the education and health sectors. We should cherish that as Zimbabweans, we are a peculiar people highly farvoured by the Lord. We should also be grateful about the respect for one another that came about through this Constitution. We started from the grass-roots up-to the Principals and our President stressed that the three of them were spear-headers and the baton stopped with them. At the end we realized that they were our leaders whom we had put up-front. So, we had to allow them to lead us and we listened.
Now, we are one family. Even when Hon. Mwonzora and Hon. Mangwana were presenting – the whole House was in support for we all want to build our country.
Part of speech not recorded due to technical fault.
Those from the east have their meals whilst crossing their legs; the
Chinese use chop-sticks; what is going to distinguish us as
Zimbabweans? We should cherish our identity through our Constitution. I think I can go on and on but I just want to say, congratulations, we now have a starting point for the posterity of the next generation. As we leave this House, let us go out in the same spirit of bringing peace, unity and harmony with the mandate that was given to us by the people of Zimbabwe.
Thank you, Mr. Speaker.
+MS. D. SIBANDA: I would like to thank the Select Committee for the good work that they did and I would also like to thank the whole of Zimbabwe for their sterling work and commitment in enabling us to come up with our new Constitution which we are debating on today. I would also like to thank myself and on behalf of all the Members of Parliament who were team leaders, for working together amicably until we got to the end of this Constitution.
I am standing here as a mother looking at the Constitution with great joy on the realisation that most of our concerns have been addressed and noted in the Constitution. We are overjoyed as the people of Bulawayo, especially the people of Bulawayo Central Constituency. We were worried that maybe our concerns were not going to be taken on board. Looking at this document, I can see that there is a 50-50 representation has been put into consideration - we are very happy about that. As women we are over- joyed because we wanted the Constitution to state that we need to be respected and that has been included in the Constitution.
Looking at the Final Draft Constitution – Domestic Violence has been included and also the Gender Commission, these are Acts protecting us as women. Looking at Devolution of Powers, the way that they have explained it and the six positions that were allotted to us as women at Provincial Council - we look forward to the forthcoming elections – the six positions will be reserved for women from different Provinces. The gender sensitivity of the national budget is also appreciated as women are assured of getting their own share of the national cake. We as women, were crying for our space and the addressing of the challenges that befall us – we are grateful.
On Children’s Rights – these were also included in the
Constitution. Of particular concern were the rights of the girl child who was being forced into marriage at the tender age of 16. As women, we were worried about that because we do not want our children to be harassed. At least, now the girl child is not going to be forced into early marriage but only marries because she feels she is ready and wants to. This will also allow the girl child to attend school just like their male counterparts and attain the highest degree of education.
On Health Care Services that have been included in the Constitution because most of the time our children were suffering. In the past, we mentioned the issue of lack of sanitary wear for the girl child. It was proving to be difficult for the girl child to get sanitary wear in terms of the health care delivery system. The Constitution clearly states that these are the issues that Government should consider in assisting the girl child with.
THE ACTING SPEAKER: Order, Hon Member, can you confine
yourself to the debate about the process and discuss key issues and not go to the details of the Draft Constitution.
MS .D .SIBANDA: Thank you very much. I will stop here Mr. Speaker but I would like to thank everyone for this process and I would like to thank Hon. Mwonzora, Hon. Mkhosi and Hon. Mangwana. I would like to thank myself and other members of Parliament for carrying out this process and for representing everyone here in Zimbabwe and also I would like to thank the Chiefs and all the citizens of Zimbabwe. Thank you very much.
*MR. MHANDU: Thank you Mr. Speaker for affording me this opportunity to make my contribution on the Select Committee report.
Thank you to the co-Chairpersons, the Management Committee and the Principals because of a job well done. Their report is reflective of what was gathered in the draft programme. I am one of the war veterans and I hope we are going to be respected and recognized and get the dignity that we deserve. During the outreach programme the people called for the recognition and respect of war veterans and collaborators. I am glad to say at last this has been included in the new Constitution.
We also hope that what has been stated in the Constitution is going to be implemented fully because previous experiences have shown that we are good planners but bad implementers. If we fully implement what is in the draft report Zimbabwe will be highly progressive and they will be unity of purpose in the country.
This has brought back memories of the time when I joined the liberation struggle and reasons why I decided to join the struggle for the liberation of Zimbabwe. Through the combined efforts of combatants Zimbabwe was freed and I am glad to say all what I fought for, after the struggle joined the armed forces, joined the political arena and now all my efforts have now been fulfilled. My hope and wish is that this Constitution is going to be accepted and adopted by the people of Zimbabwe.
Congratulations to the Select Committee for including the wishes of the people of Zimbabwe who include the young and the elderly and women. War veterans, collaborators, ex-detainees and the men and women who supported the struggle are happy at the outcome of their contributions. Once again thank you to the COPAC Select Committee.
* MR. MUDAVANHU: Thank you Mr. Speaker. I start by
thanking the Lord above for giving the children of Zimbabwe an opportunity to draft their Constitution. God also gave wisdom to the
Principals who ably guided the process. I also want to thank the Select Committee members for a sterling job. May the Lord bless them? Of course we know that we lost some of our members during this process but we also thank them for their contributions before their untimely departure. May their souls rest in peace?
The other aspect of the Constitution making process which came out clearly was that it was a unifier. There was no partisan politics.
During the outreach programmes we visited some areas which in the past were no go areas to people of other political affiliations other than the dominating party. But happily enough because of this process we were able to operate in them and interact with the ordinary citizens in those areas who gave their contributions.
The Constitution making process took a longer time than was expected, to such an extent that the people of Zimbabwe were querying our capabilities and will to write the Constitution. There were also rumours that some members of the Select Committee were retrogressive in their approach. I am glad to say the people of Zimbabwe are happy to see the final document which also shows the importance of unity with no partisan politics disturbing progress.
I would like to repeat what has been said by Hon. Mhandu who spoke before me and I appealed for the full implementation of the recommendations of this document. I am also happy to mention that in the Bill of Rights, health rights have been included. I am a member of the health personnel, as a result I am very glad because of this inclusion.
A healthy nation is a developing nation. In conclusion, I would like to thank all the people of Zimbabwe for the support they gave in this process.
THE MINISTER OF SMALL AND MEDIUM
ENTERPRISES AND CO-OPERATIVE DEVELOPMENT (MRS.
NYONI): I want to join my colleagues in the House in thanking all the MPs especially the COPAC team. Mr. Speaker Sir, if you look into history, most good things happen within three years. If you look into the life of our Lord Jesus, he did all what he did and all what we are following today in three years. So our Constitution is significant. I want really to say because we did it in three years and all the miracles that we are now emulating in the Bible, Jesus walked and worked for three years, so thank you very much for that.
For the first time I think every Zimbabwean wants everybody to look at us as a nation. We have something to show, something to be proud of, and something that has united us regardless of political party, gender and background. I think this constitutional making process was really a unifying force. I want to thank our Principals because they were very strong. Towards the end, a lot of us wondered whether this was really going to go through but they steered and guided the process to conclusion. I hope that, we, as leaders in our constituencies we emulate
this.
I remember that when this process started especially during the outreach, there was a lot of confusion and a lot of division even at constituency level. I remember in my own constituency people still thought that it was their group that had to speak and not the other group. When meetings were called others would disrupt meetings. For us to have come out of that and come out with a Constitution that is responding to everybody, that is talking to everybody, that is representing everybody, I think as Zimbabweans we must really stand up high and be proud.
I hope that like some of the speakers have said, we do not live this Constitution only in writing but we internalize it and live it. I read most of it last night and I think it is one of those documents that any nation would be proud of. It is one of those documents that really represent even the poorest of the poor. I want to thank all those of my countrymen and women that spent sleepless nights, that spent energies trying to put this Constitution together.
My last point is that, I hope that as Members of Parliament we can go back to our constituencies with the spirit that this Constitution carries to unite the people from grassroots up to our principals. I think that when our principals say peace begins with me especially President R. G. Mugabe, all the time before we start any Politburo meeting – we all have to stand up and say “Peace begins with me, Peace begins with you, Peace begins with all of us”. This is what this Constitution carries and we hope that all political parties will carry that to their constituencies.
I am proud of our President and our principals that they have been able to unite the nation and together we will make Zimbabwe great.
*MS MUCHINGURI: Firstly, I would like to thank the Select Committee for a job well done especially their commitment and perseverance. I know that we once harassed and scold them. We even went to the extent of referring some of them as sell-outs but this did not deter them from doing their work. I know that they had sledpless nights knowing that by the end of the day we wi⁘l thank them as a nation for bringing peace and development inРour country. Vheir names will be written in history ⁘ooks ⁘or aȠjob well d• ne.
I have noticed that theyĠforgot to write our namec iî their report. I hope and t䁲ust that they will re}ember us. I would like to thank the people of Zimbabwm, our ⁘otheѲ{ and fathers for the maturity⁘t(ey shoɷe⁘ in handlino this ⁘rocess beţause there was o tolerance and acceptance of different views to start with. I would like to thank them for rising above the situation.
I would also want to thank our principals. I remember them addressing the Select Committee that the constitution making process was theirs and the committee should not hijack it. I think this includes us from Parliament as well but we were whipped into line. When we were at each other’s throat, they disciplined us. Talking from the point of view of JOMIC, we also did a good job by making sure that sanity prevailed that there was no violence in the country and people tolerated each other. There was unity and not hate speech.
If our late Vice President, John Nkomo was here, he would have all the reasons to celebrate because he was the Chairperson of National Healing Organ. He urged us to forget our differences. I think he was instrumental in the Unity Accord between ZANU PF and PF ZAPU. Using that experience, the organ on National Healing was strengthened in uniting all the people involved despite their political affiliation. He associated with all the people and he could come in where there was stalemate. He knew that where there were two people involved, conflict was also there. He knew how to manage conflict. I think his soul will rest in eternal peace.
I would want to thank our NGOs especially Women’s Coalition who managed to bring together the NGOs in the area of research in our region and beyond in terms of gender equality. They arranged workshops for women so that they knew about their rights. I also want to thank the Ministry of Women’s Affairs because they worked very hard
in educating the women on issues of CEDAW and SADC Protocols by bringing out how we were lagging behind as Zimbabweans.
I am proud today that Zimbabwean fathers will be proud that their girl child is going to get political, economic and social rights which are equal to the boy child. It is really an achievement for men to talk about 50-50 gender equality and that is development. There was a lot of resistance. We were looked down upon, so NGOs should keep on brining us together and make sure that they have educated the rural people to understand about the rights of women. What really made me happy was that they demystified the idea that the Constitution was for the lawyers. They used very simple language. Even our Draft Constitution is very different from the other Constitutions of other nations. So our document is user friendly as long as you can read Shona or Ndebele and the other languages.
I would also want to thank the people of Zimbabwe for allowing war veterans, war collaborators, ex-detainees for recognising their contribution in the Constitution making process.
Their contribution was not being taken into account. Some died and some of them are still in the bush. Although they are not present, I think they will now rest in peace. I would like to say as war veterans, ex-detainees and war collaborators let us not forget that it is the majority of Zimbabweans that have cherished the contribution that was made to the development of the country. The unity that we are now enjoying has shown us that it will not help us to scold each other or to blame each other. We want to use our energy fruitfully in developing our country. We have learnt that where there is unity, there is development. So let us go forward with development. We brought to shame those who thought Zimbabweans would not be united. They wanted us to be called at the UN Security Council, I think now they are ashamed. They are ashamed of their thoughts because they have seen that Zimbabwe is united.
I can see that there are others who want to campaign for a No vote. We say that because of democracy, people are allowed to do that but we want to teach people that people should move together. People should be taught that when the train is moving, follow the train because some of these things will cause us to move backwards instead of moving forward.
I would want to urge hon. members not to spend a lot of time debating on this issue because the main task is to campaign for a Yes vote. Women are very happy because of affirmative action and proportional representation. The Women’s League have really benefited from the Constitution, we are looking forward to coming to Parliament as soon as possible. I would like to thank the men for supporting us.
Thank you.
*MS. KARENYI: Thank you Mr. Speaker for affording me this
opportunity to debate on this motion. I would like to congratulate the drivers of the train who were driving this constitution making process. I thank the Hon. MPs for a job well done. I would also want to thank other Hon. MPs who were not in the Select committee because they also worked hard. During the outreach process, we went to places which were very volatile where people would throw stones and mud. I just pray that that spirit would remain in us so that our country will move forward.
I would also want to thank the Principals for making sure that this draft constitution was quickly brought into the House. People out there were now wondering what was happening because they had waited for a long time. I am so happy that the issue of fundamental human rights and the freedoms have been included in the Constitution. I was really happy because of the freedom of expression and freedom of the media. I saw the media people here in Parliament. They need to be reminded of what is in our Constitution; that they should report fairly, without fear or favour. Since we are looking forward to elections, I hope all the parties are going to be accorded space in our media. If Mr. Chimuti is contesting to become the President, he should be heard on ZTV. Hon. Chinomona has just said that she also should appear on ZTV, all of us including women, it is not men only who must appear on ZTV. Every party should be given the opportunity to sell their party policies. I am so happy because this will make our country develop. The other issue is political rights, everyone is free to choose their own political party.
These are signs of development. We are now moving together as Zimbabweans for the betterment of our country.
I am also happy as a woman as my daughter-in-law Hon. Muchinguri has already said, we are happy because one of our leg is already in Parliament before elections. So as women this is very important for us because during the outreach process, men were at the forefront advocating for women’s rights. I would like to thank the men for helping us to come up with this good document.
The previous speaker was talking about affirmative action. If you look at the results of ‘A’ levels, more girls passed than boys. This shows that the girl child is now empowered because of the rights which have been enshrined in our Constitution. On behalf of myself and my constituency, Chimanimani West, I would like to thank you for a job well done. This country will be at peace because no one will be above the Constitution. The security sector and the uniformed forces, all of them will be governed by this Constitution. Lastly before I sit down, I am happy with the issue of citizenship, it was us women who were affected because some of us would be married to foreigners. So with this Constitution, everyone who is born in Zimbabwe is a Zimbabwean child and they have their right to vote. I would also like to thank you Mr. Speaker for directing this House because Parliament is you and we follow behind you. Thank you very much.
THE CO-MINISTER OF HOME AFFAIRS (MRS.
MAKONE): I just want to add my voice to those of my colleagues who have spoken before me to particularly appreciate the work done by the Select Committee of Parliament, COPAC, led by our three CoChairpersons. I also want to recognize and thank the management committee as well as the principals who also played a very big role in unblocking some of the deadlocks that came about. What is most important, I think is that as Zimbabweans we must now become people that are constitutional. It is one thing having a very good Constitution and quite another when it comes to implementing it, practicing it and respecting it. So, what is important now as far as I am concerned is that all the people of Zimbabwe, the old women in the rural areas, and the children of the country must be taught the importance of this sacrosanct Constitution. This will enable them to fully appreciate their right, so that never again will the people of Zimbabwe be deprived of their rights. As Hon. Minister Muchena said about that documentary on Chavez, the people of Venezuela understood their Constitution and they were able to overturn a military coup. I think that before we even go to the Election this year, all the people of Zimbabwe must grasp this Constitution and understand its contents. They must understand their rights so that no one is deprived of them, and no one exceeds their boundaries at whatever level of society they may be. So, Mr. Speaker, while I appreciate all the work that has been done, while I want to shame our detractors, while I want to celebrate this Constitution, I still want to say, may there be no reservations about the implementation of this Constitution. Therefore, it is very important that that Constitutional Court be one of the first institutions to be put into place before we go to elections so that the people of Zimbabwe can exercise their right to challenge whenever their constitutional rights are trampled upon. I thank you.
*MRS MATIENGA: Thank you Mr. Speaker, for according me
this opportunity to air my voice in line with gender as the Chairperson of Gender. Most of the things have been said already, I will just pick here and there to show my presence.
Firstly, I would want to thank the Select Committee for the job well done in producing this document. I am so happy that the Final Draft is out, a thing we did not expect. Even though there were challenges here and there we ended up as one family. I would like to thank, especially, the women who were in the Select Committee. These women worked very hard as they would give feedback for direction. This has made women to be remembered in this Constitution, first of its kind. What I want to say is that the girl child was not recognised. We did not have the right to education; we would only go as far as Grade Seven and pave way for the boy child. I am so happy that finally we are being recognised as people and mothers.
Coming to health, women are also given precedence. Coming to official languages, we are being recognised. We find that English was the official language, therefore it was used more than Shona. You find that even most of our children do not know Shona. Now all the languages are being recognised. This should cascade to schools as well so that when children are growing up they know all the indigenous languages. This will help us when we travel around our country, we will not be limited.
Coming to the elderly, I know this has been talked about but I am happy that elderly people are now recognised because they worked for this country. Coming to citizenship, citizenship is now looking at anyone born in Zimbabwe being now recognised as a Zimbabwean. It was a problem for our foreigners who were born here; we were not recognising them as Zimbabweans. I think those outside are happy that Zimbabwe is a welcoming country. I am grateful because our Constitution came out so well. We should continue in this unity and spread it outside. I would also want to thank the Principals for coming in on the issue of homosexuality which was bringing divisions amongst us. I am thankful to our President who clarified the issue at the Second All Stakeholders meeting. People were misrepresenting the facts but the President looked at the Draft Constitution and nothing to that effect. I am so happy because the President dealt with the matter and peace followed thereafter.
Now we are talking about our own Constitution and I am happy to be part of this even if I die now. I would like to thank all the members of Parliament for their hard work, it was not easy during the outreach programme because of financial constraints but we soldiered on. I hope that, that spirit of unity will remain in us because when we were going out we were one; we would give each other chances to open our meeting. Now that the Constitution is out, let us go and tell our people that it is now out and where there is good, bad is also found but we will conquer even up to Elections. I would like to thank you Mr. Speaker for according me this opportunity, now I have something to contribute in the
Committee tomorrow.
I would want to thank the Ministry of Women’s Affairs for their
advice and input. I hope that they will remain like that up to the Referendum and to the adoption stage.
*MRS MAHOKA: Firstly I would like to thank Members for the report has shown that they have done a good job. It has also been noted that in the course of their duties some MPs lost their cars due to accidents and other mishaps to such an extent that some of the cars were right offs. This did not deter their effort of going through the process of the constitution making. Their zeal in the outreach programme despite the difficulties they faced, showed that they wanted to get the views of all Zimbabweans in their respective areas regardless of their remoteness.
Once again thank you to the Select Committee for a job well done. The members of this Committee were verbally abused and at times called names such as retrogressive elements and sellouts but they soldiered on. We are happy to see the outcome of their resilience. The hostilities they faced encouraged them to pursue their intended goals. I am also happy to say that this report has shown that we are happy in this country because of the unity we have through the liberation struggle, also noting that some of the combatants died during the war and some outside the country. I am so happy to note that the Constitution has included the rights of the combatants, war collaborators, ex-detainees and the parents who supported this struggle. Honourables Mwonzora, Mangwana and Mkhosi, thank you for a job well done by taking into account the contributions made by the ordinary people who cooked sadza for the freedom fighters during the liberation struggle when we included their rights in the Constitution.
I would also like to thank male members for the good work you did. You were the first to encourage contributions on equal rights as you were guided by female members of the Select Committee. You did not uphold your male ego but you were prepared to humble yourselves and accept contributions which led to the uplifting of women. You showed that you appreciated the fact that you had your chance of ruling the country. It is now the turn of the women folk to take up the reins on a
50/50 zebra formation.
This is the second aspect of the development of women in this country. The first aspect is that, during the colonial era, women were treated as minors who had no right to identity cards, even birth certificates were not issued to women. This archaic law was removed by our dear President thus elevated the status of women by offering access to national identity cards (zvitupa). I would want to salute men for willing to share with us the reins of power, women are now rulers.
Thank you for listening to women’s concerns in the select committee and in Parliament. When God created man, he knew that he had built a car for the man needed an assistant. Women will show that they are able assistants. During the war of liberation, women combatants fought side by side with their male counterparts and shared responsibilities equally without discrimination. Women are also able to knock down enemy war planes as was done by their male counterparts. Thank you a hundred times for affording women a chance to make their contributions in development of their country.
I have also noted that men’s period of promiscuity has come to a grinding halt because as women, we are now protected by the
Constitution. You are forced to follow what the Constitution says on the rights of women and the girl child.
I would like to thank people from my Constituency in Hurungwe for their contributions during the outreach programme. These people are happy because their contributions are included in the Constitution despite the remoteness of their area. They are now aware of the fact that this is the people’s Constitution, for the people, by the people and has brought unity to the people of Zimbabwe. I can now eat sadza in any homestead without fear.
I would also want to thank the Principals for their wisdom and guidance during this Constitution Making Process. Let me conclude by saying to the men folk here we come beware because of the 50/50 representation in Parliament tapinda tapinda. Thank you Mr. Speaker
Sir.
*MR. MAKUYANA: Let me start by congratulating you Mr.
Speaker for guiding parliament through this historic occasion. You will go down in the annals of the history of Zimbabwe as one of the greatest speaker this country has ever had because of your leadership through the Constitution Making Process. I would also like to congratulate our principals Cde. Robert Gabriel Mugabe, Hon. Morgan Tsvangirai and Hon. Prof. Arthur Mutambara for their blessed guidance. Thank you to the management committee for contributions made, thank you to the core-chairpersons, Mr. Mwonzora, Mr. Mangwana and Mr. Mkhosi for your resilience. These gentlemen came from different political parties but because of their commitment to their duty, they became more than friends but relatives and patriots.
At the start of the Constitutional Making Process they encountered some teething problems to such an extent that this document could have become the Kariba Draft, the Sheraton Draft or any other drafts that were crafted in this country, but they remained resolute so that we have this people’s Draft. Congratulations to the Seventh Parliament of Zimbabwe.
May I congratulate the people of Zimbabwe for putting their heads together in drafting this Constitution. I say so because in some countries the constitution making process is a preserve of the elite and the educated such as lawyers or any other legal fundis but Zimbabwe is outstanding in that this process was held with the participation of people from the remote areas of the country and at times of low literacy.
I also want to congratulate our technocrats for making this document compact. One would have expected it to be a voluminous document but they managed to include everything which came from the people in the compacted document. I can mention the Indian Constitution which I know; it is has many books touching the different aspects of their Constitution but Zimbabwe has produced a single compacted but all inclusive document. You need years of continuous study to master the Indian Constitution because of the many volumes.
Congratulations to the Seventh Parliament for a job well done and the God given leadership.
As ordinary MPs some of us had no idea of the law making process but thanks to this Constitution making process. We will not be easily fooled by lawyers because of the knowledge we have gained from the preamble stage to the conclusion. The knowledge so gained will also be shared amongst our families and future generations because of the participatory nature of the Constitution Process. Traditionally such knowledge was shared through story telling but now we will be talking of the Constitution Making Process and legal matters. Most of the people in the country will be aware of their constitutional rights.
One of the roles of Parliament is Oversight. Mr. Speaker Sir we hope that this function will be implemented by Parliament following the adoption of this Constitution and its interpretation. It is one thing to own a good piece of legislation and it is another to implement and interpret the same. As Parliament we have to make a thorough follow up on the Commissions during the implementation period. I had no intention of contributing in this debate but I felt overwhelmed by the good news. I also feel proud of the fact that even if I die, I have left a legacy on the Constitution which was crafted by the Seventh Parliament of Zimbabwe.
May I also take this opportunity Mr. Speaker Sir, to ask you to congratulate yourself for leading such a noble cause. You should hold your head high when you are in the company of speakers from other countries because you have done a noble job, on the Constitution of Zimbabwe.
- BEREMAURO: I do not want to be left out in making contributions to such a noble cause. For the first time in Zimbabwe, we have had a people driven Constitution because the Constitution we are using now is the Lancaster House Constitution.
During the outreach process, I was a team leader together with Mr. Nyaude. You will find that we were suspicious in such a way that we were not able to give each other correct room numbers at the hotels where we were staying because of partisan politics. I remember at one time, I asked for Mr Nyaude’s room number and he told me that he was in Room 2. To my surprise, when I visited the room, I found that it was occupied by a driver. Such was the lack of trust amongst us. We regarded each other as ZANU PF and MDC. At a later stage I discovered that Mr Nyaude was my cousin.
We also faced some problems in the Mashonaland West Province where we were operating, such as the loss of a driver, Mr Munodawafa who died in his hotel room in the evening after duty and he is one of the heroes of the Constitutional struggle.
In another nasty incident, Hon. Machacha lost his car in an accident which occurred when we were traveling from Kariba to Siakobvu. Mr. Machacha is one of the heroes of the constitutional making process because of his contributions.
I would also like to talk about the contribution made by Mr. Mangwana especially in the delay of payments which led to our expulsion from Twin River Inn Hotel and we ended up staying in Kariba. As a result, we travelled 423 km from Kariba to Siakobvu to hold outreach meetings.
In one of these outings, we left our hotel at 5 o’clock in the morning and to our great surprise, we found that the road had been blocked by a herd of elephants. As a result, we had to stop for about an hour waiting for the elephants to clear the way. Daily we traveled 846 km to and fro. The dedication shown by our people was aimed at the success of the Constitution making process despite all the difficulties they encountered.
I thank all the MPs for their contributions. Now that we are going, first for the Referendum, second the elections, I hope and trust that there will be a new Government which is not of national unity because it is a disadvantage to the nation, the three-legged animal which thrives on a tug-of-war and the blame game amongst political parties. We hope that the elections will give us one ruling party.
I would like to thank the hon. members for their contributions in this process. This is a rare occasion which only happens once in a life time. Let us now go back to our constituencies and give a progressive and developmental feedback. We should go down to the Ward level and tell the people that we have come back to them to thank them for their contributions which were included in the Constitution. This is every
Parliamentarian’s job and not Select Committee members only. This is the people’s Constitution and we should be part of the awareness campaigns.
Thank you Mr. Speaker, congratulations Zimbabwe.
- MWONZORA: Thank you very much Mr. Speaker. I want
to start by thanking the Standing Rules and Orders Committee (SROC) of this Parliament for having constituted the Parliamentary Select Committee and laid the basis of the administration of the project.
Mr. Speaker, in that regaѲd I w⁘nt to thank you in person as the
Speaker of the House on Awsemblù and theɲ䁥fore as the⁘head of th⁘
SROC. I, on behalf of members of the Select Committee, want to thank all our political parties for havinç repoce confidence in us anD all
Members of the Selec䁴 Committee who did not takå anything for graŮved.0 We ⁷ a䁮t0⁴ o thank the Hon. Members fo⁘`the role they pla聹ed throuGhgup thũs project. First, in the Outreach Progɲamme – we know that they went through various hardships but this was in order to produce what is good for their country.
We also thank the hon. members for the role they played during the Second All Stakeholders’ Conference. They contributed a lot at uniting people during outreach and during the All Stakeholders’
Conference. Again, for the third time we want to thank the hon. Members for the very fruitful debate. I think if there was anybody who was visiting the Zimbabwean Parliament for the first time, they would be unable to tell who belongs where. We belong to one political party called Zimbabwe and the others are sub-political parties.
Mr. Speaker Sir, the women of Zimbabwe deserve special mention. They took this project seriously. The numbers during the public meetings spoke for themselves. The women took this seriously. They said what they said and with conviction. They were persuasive and we were all persuaded and as a result we have provisions in the Constitution that fairly reflect the aspirations of the women of Zimbabwe. We are very, very proud to be associated with all this.
After this Mr. Speaker Sir, we intend to embark on a massive civic education exercise and we will be requesting Members of Parliament for their usual assistance through your good offices Mr.
Speaker Sir.
We are going to embark on civic education so that the people of Zimbabwe appreciate what this Constitution says. It is their document, they ought to know it. They are going to mark us on this document and they need to do that with all eyes open.
Mr. Speaker Sir, there was a time we thought that this program was crumbling and during that time I said something to my colleagues. In conclusion I want to repeat what I said. We are in the most defining moments of the people’s struggle for democracy and justice. This requires soberness of mind and a complete focus on the grand objective. It requires sacrifice of narrow, sectional and often parochial interest for the common good. It must always be remembered that the character of a people is shown by the way they traverse the defining moment of their history. It is this that often becomes a source of great pride for the progeny of these people. Having said that, I move that the motion be adopted.
Motion put and adopted.
Hon members ululated and broke into song and dance.
On the motion of THE DEPUTY PRIME MINISTER (PROF
MUTAMBARA), the House adjourned at Ten Minutes past Six o’clock
p.m.to Tuesday, 12th February, 2013.
PARLIAMENT OF ZIMBABWE
Tuesday, 7th May, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
MOTION
LEAVE TO MOVE SUPENSION OF STANDING ORDERS NO. 22,
33 (2), 34 (5) AND 205 (5)
THE MINISTER OF FINANCE on behalf of THE MINISTER OF CONSTITUTIONAL AFFAIRS: I seek leave of the House to
move that the provisions of Standing Orders No. 22, 33 (2), 34 (5) and 205 (5) regarding the automatic adjournment of the House at Five minutes to Seven o’clock p.m. and at Twenty-five minutes past One o’clock p.m. on Fridays, private members motions taking precedence on
Wednesday after question time and that question time shall be on Wednesdays and stages of Bills respectively, be suspended in respect of the Constitution of Zimbabwe Amendment (No. 20) Bill [H. B. 2, 2013].
This is in order to facilitate debate on the historic Constitution Bill. You are aware Mr. Speaker, that this is the first time that Zimbabwe has had a Constitution for itself and by itself. The current Constitution is a Statutory Instrument of the British Parliament so this is a very happy occasion. To facilitate that, let us have an open uninterrupted debate on this important document. I thank you Mr. Speaker Sir.
MOTION
SUPENSION OF STANDING ORDERS NO. 22, 33 (2), 34 (5) AND
205 (5)
THE MINISTER OF FINANCE on behalf of THE MINISTER
OF CONSTITUTIONAL AFFAIRS: I move that the provisions of
Standing Orders No. 22, 33 (2), 34 (5) and 205 (5) regarding the automatic adjournment of the House at Five minutes to Seven o’clock
p.m. and at Twenty-Five minutes past One o’clock p.m. on a Friday, private members motion taking precedence on Wednesday after question time and that question time shall be on Wednesdays and stages of Bills respectively, be suspended in respect of the Constitution of Zimbabwe Amendment (No. 20) Bill [H. B. 2, 2013].
Motion put and agreed to.
FIRST READING
CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 20) BILL
(H.B. 2, 2013)
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS presented the Constitution of Zimbabwe Amendment (No. 20) Bill.
Bill read the first time.
Second Reading: Wednesday, 8th May, 2013 –(HON. MEMBERS:
Inaudible interjections)-
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: The reason why Mr. Speaker is, this is an important Bill which must be afforded enough opportunity and hon. members must be seen to be debating this fully. With your leave, I move that the Second Reading be done tomorrow –(HON. MEMBERS:
Inaudible interjections)-
- SPEAKER: Order, order in the House. I have given you
sufficient time to consult on this matter. I would now like to hear from the Minister whether you are agreeing on any one position on that matter?
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Thank you Mr. Speaker. The position is motivated by consultations which commenced yesterday. This issue was raised at Management Committee Meeting yesterday and the consensus amongst members of the Management Committee was that the introduction would be done today as I have done, and that the Second Reading would be done tomorrow and thereafter, debate will follow. As soon as debate is finished, the matter will eventually go to the Senate. I can confirm Mr. Speaker –[HON. MEMBERS: Inaudible
interjections]-
- SPEAKER: Order hon. members, order!
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: I can confirm that at half past One
o’clock today, I left Cabinet early in order to attend to a number of issues which I thought should be attended to before I make the final touch to the Second Reading Speech. I want to state as a fact that because of the agreement brokered yesterday, I came here simply to do what needed to be done today and my Second Reading Speech is still to be polished and I will do it tomorrow. I thank you.
SECOND READING
MICRO-FINANCE BILL (H.B. 2, 2012)
First Order read. Second Reading: Micro-Finance Bill (H.B. 2,
2012).
THE MINISTER OF FINANCE: Mr. Speaker Sir, Mr. Speaker
Sir, Mr. Speaker Sir! –[HON. MEMBERS: Inaudible interjections]- MR. SPEAKER: Order, order in the House! I have recognised the
Minister of Finance.
THE MINISTER OF FINANCE: Mr. Speaker Sir, the MicroFinance Bill shall provide for the regulation and supervision framework for the Micro-Finance Sector including minimum requirements in respect of rules and regulations, licencing of the different classes of Micro-Financing institutions, credential supervision and institutional arrangements, roles of various stakeholders and a framework that promotes fairness and equity in the provision of micro-finance service. The major reference point for the Bill is the National Micro-Finance Policy of Zimbabwe. Lessons have also been drawn from experiences and legislation of other jurisdictions to ensure adherence –[HON.
MEMBERS: Inaudible interjections]-
- SPEAKER: Order, order in the House, Order! Hon. Minister may you continue.
THE MINISTER OF FINANCE: At the core of the proposed
Bill is the recognition of the Micro-Finance Sector in the economic development of Zimbabwe and the need to put in place a framework that promotes the development of the sector in line with developments in the country and in the global arena.
As you are aware Hon. Speaker, with the collapse of formal credit in this economy, micro-finance has become so critical and central in this economy but the challenge we have however is that the current MicroFinance Act is outdated, it does not recognise the changing dynamics and mobility and fungibility in this sector. We seek through this amendment to modernise our Acts and we also seek through this amendment Hon. Speaker, to deal with some of the nefarious practices that are being practiced by a few money lenders in this country. Some of them are charging extortionate usurious rates of interest that are crippling households in Zimbabwe, so we seek to regulate that.
Third Hon. Speaker Sir, there are many people who are operating the business of micro-finance without being registered - people who are outside the loop. This Act is making it very clear that if you lend money and if you carry out the business of micro-financing and you are not registered, that transaction is void and not voidable and the legal effect of it is that if I borrow money from you and you are not registered, I have no obligation to repay it because the transaction is void. So that is one of the things that we are doing. We are also creating in this country Hon. Speaker, many of the capital requirements to have a banking licence which are US$12 million and which is a lot of money for the majority of our people.
There are a group of Zimbabweans who are rich but not rich enough to start a bank but sufficiently rich enough to lend money to people. So we are creating, for the first time in the history of this country, deposit taking micro-finance institutions. They will be half bank with lower capital requirements, although that does not mean that there is a lower fiduciary standards - lower corporate standards - no it does not mean that. That is what we are trying to do in this. Having gotten your attention, I now proceed to my prepared speech.
In recent years throughout the world, there is a growing recognition of the critical role of micro-finance in economic development and poverty alleviation through the provision of financial services to low income groups which are normally unable to access financing from the traditional banking system. Improved access and efficient provision of savings, credit and insurance facilities enable the poor to be self sufficient by providing them with self employment opportunities.
This is particularly pertinent to Zimbabwe Mr. Speaker where 57% of our people are in either agriculture or the informal sector and with only 22% in the formal sector. It is critical that we have a sound microeconomic framework that is the mainstay of the support to financial services and to the informal sector. It is also consistent with financial inclusion Hon. Speaker. Only 19% of Zimbabweans have access to banking services and only 77 000 people share a one bank branch in Zimbabwe. Micro-finance are low capital businesses which can be located anywhere in communal lands, in Growth Points and even in townships, so the promotion of a sound micro-finance framework Hon.
Speaker, is part of the democratisation of access to financial services in Zimbabwe which is as long overdue as it is desirable.
The rapid growth of the micro-finance sector and its size relative to the formal financial markets calls for adequate regulatory systems and structures to close regulatory gaps and foster orderly development of the financial sector.
Regulation also provides micro-finance with legitimacy and confidence to the customers and investors given those benchmarks of acceptable behaviour increase certainty, transparency and levels the playing field.
Regulation also promotes consumer protection as it deals with abusive and reckless lending by some microfinance institutions. Mr. Speaker, there are agreements which have been brought to our attention at the Ministry of Finance where the monthly rate of interest was 35% and therefore the capitalised interest was 400% per annum. Something that is totally unacceptable and this is one of the things that we are looking at.
Furthermore, the 2008 Global Finance crisis resulted in the realisation of the importance of adequate regulation of financial institutions to ensure financial stability and Hon. Speaker this does not just pertain to regulation of the micro-finance industry. It also pertains to regulation of the formal brick and mortar banking sector. As I have just indicated one of the key failures that were a causer to the global economic crisis of September 2008 was the lack of regulation and the lassez faire approach adopted by regulators across the world from New York to Sandton. So in this particular law, we are dealing with microfinance institutions to ensure financial stability but in a few weeks time, I will be bringing to this hon. House substantive amendments to the Banking Act that will ensure the experiences of the bank failures we have seen in the last 18 months in this country do not happen.
The micro finance sector in Zimbabwe basically has the following players:
- Banking institutions and building societies. These are licensed under the Reserve Bank Act and the Banking Act, Chapter 24:20 and the Building Societies Act Chapter 24:02. We have not had a problem in this sector.
- The non bank micro finance institutions MFIs. These are institutions conducting micro finance business in terms of the Money Lending and Rates of Interest Act, Chapter 14:14. They usually have more than one branch and lending is mainly for business activities though during hyper inflation, lending changed to consumption. In other words, most of these registered people were lending to the productive sector. With the advent of hyper inflation, many people were borrowing for school fees, hospital bills and so forth. In fact, a frightening statistic is that, 88% of domestic lending in Zimbabwe is actually for health services and health related industry which is quite frightening.
- Money lenders – these are small companies with usually one branch and are generally owner managed. 93% are consumption loans and 7% are business. This tends to be characterised by high interest rates. Speaker, this is where the bulk of the mischief is, where you have a one man operation, operating from some
smelly office and charging absolutely usurious rates of interest. Obtaining all kinds of malicious security, bicycles, beds, mobile phones, cars and so forth and selling those assets without court judgements. Absolute laws unto themselves and this is one category of people, your ‘Merchant of Venice’ type of lender that you are trying to deal with.
- The Savings and Credit Cooperatives Societies, SACCOS. These institutions are registered under the Cooperatives Societies Act, Chapter 24:05. They take deposits and lend to members. They are generally membership owned institutions that offer savings, new interest rates, significant outreach in peri-urban and rural.
I need to mention Hon. Speaker that apart from these formal ones that are covered by the Co-operatives Societies Act, we have another fifth category. These are what I can call for lack of a better word, Community Lending Micro Finance institutions. They tend to be organisations like burial societies that lend to their members. There is also another form of this community based lending. This practice of friends lending to each other called mukando. It is also another category of micro financing. Mai Chibadura throws to Mai Dube, Mai Dube throws to Mai Gwenya, that is mukando. We have no problem with this sort of money lending which is as old as our people.
Another category is the Government managed finance programmes, the main one being SEDCO which was established by the Small Enterprises Development Act Chapter 24:12. It has been lending to small and medium scale enterprises at concessionary rates.
You know Hon. Speaker that under the current Budget, we allocated US$50 million to this sector.
I just want to talk about the regulatory framework, prior to 2004, the micro finance institutions were registered by the Ministry of
Finance in terms of the Money Lending and Rates of Interest Act, Chapter 14:14. Although this Act is still applicable, the licensing and regulation functions were transferred to the RBZ. The RBZ regulates and prudentially supervises all categories of MFIs with the exception of SACCOS whose supervision falls under the Ministry of SMEs headed by Hon. Nyoni. However, the legislation currently applicable in governing the activities of micro finance institutions and micro finance in Zimbabwe is very fragmented. There are currently more than five pieces of legislation being applied. The degree of fragmentation is high and not in the interest of developing the micro finance sector.
The legislation was not drafted with micro finance in mind but rather to address different interests altogether. A case in point is the Money lending and Rates of Interest Act which provides for the licensing of micro finance institutions. However, the main substance of it is to control the practice of usury by capping interest rates chargeable. Elsewhere, it has been proven that interest rates controls are not effective instruments of consumer protection but rather it results in more limited access to financial resources by low income households. The point that I am making is that this country has never paid attention to micro finance. As a result, we have got this eclectic balkanised approach where different pieces of legislation cover micro finance, the Banking Act, the Building Societies Act, the Consumer Contract Act, the Contractual Penalties Act, the Cooperative Societies Act and the Money Lending and Rates of Interest Act.
What we are seeking to do Hon. Speaker is to have a one stop legislative instrument that deals with micro finance. So you will see in this Act a definition of micro finance, a categorisation of different micro finance activities particularly the issue of deposit taking and non deposit taking micro finance. This is a best practice. Before we prepared this Bill, we sent people to Kenya, Ethiopia and other African countries where deposits taking micro finance institutions are now in the scene, but they also have to have their own capital requirements which will be defined by regulations. At the present moment we are debating whether it will be US$1 million or US$2 million but they certainly have to have some capital requirements because if you proffer yourself out as someone who can lend money to people, we must be convinced as regulators that you have got the money. If you do not have the money, you are going to take people’s money and use it to buy the kind of funny things that we see parked at Sam Levy’s Village.
The policies have been followed up with formulation of Microfinance Acts, other consumer protection related legislation or regulations giving guidelines on the following areas:
- Definition of microfinance
- Categorisation of the different microfinance activities, e.g. deposit taking and non deposit taking MFIs
- Licensing and registration of MFIs
- Minimum capital and entry requirements
- Supervision and regulatory framework – tiered approach to We are proposing here a tiered approach, the RBZ, the Government and then a combined intra regulatory approach. You will see this approach when we come with the amendments to the Banking Act which I am going to bring in a few weeks time.
I want to underscore Hon. Speaker, the fact that what we are doing is based on a precedent. We have sent out teams. I just want to give you – this is for hon. members that are interested, the comparative empirical approach that we took. We sent people to Kenya, the supervision is done by the Central Bank and they have got a Micro Finance Act there. The Central Bank does the licensing. In SA there is what is called the National Credit Regulator which is an independent body that does the regulation and there is a National Credit Act. However, in South Africa, the National Credit Act covers not just microfinance, but also higher purchase, durable consumer lending for cars and so on. So, it is a much more comprehensive Act than ours which is having a narrow definition of microfinance.
In Tanzania, the regulators are Central bank but they have got what is called microfinance companies and micro credit activities Act of 2005. In India, the regulator is the Central bank but microfinance is regulated under the Reserve Bank Act of 1934 but I want to say that when we sent our team there, they are actually moving towards a model of having a separate Act of microfinance to deal with microfinance.
In India, they also have a National Bank for Agriculture and Rural Development that deals specifically with lending to the agricultural sector. So, I make this point to illustrate the point Mr. Speaker that we did not pluck this Bill from thin air; we plucked it after research, after experiences, particularly experiences from the pocket of microfinance lenders who are really abusing our people.
I also want to talk about shareholding. The Bill shall prescribe the maximum shareholding in the MFI by any single person. One of the mischiefs we have seen in individually owned banks or microfinance institutions is the total decimation of corporate governance. This is particularly between management which lies in management and then policy making which lies in the board and then the shareholding component. In the one man owned shares, he is the shareholder, he is the board of director, he is the Managing Director, this is not consistent with good corporate governance. So, we are proposing limits of ownership particularly in deposit taking finance. This old business of saying ndini Museyamwa, ndini Gushungo, ndechangu is not good and this is what we are trying to deal with in this Bill.
The Bill shall prescribe the procedures to be followed in granting of loans. As I have said, what we are proposing here is very drastic. If you lend money and you do not have a licence, it is a void transaction. Akwereteswa mari haadzorere, the law will not assist an illegal transaction.
On disclosure of financial statement, the Bill shall prescribe the submission of the following to the RBZ by deposit taking MFIs.
-An audited balance sheet, showing assets and liabilities
-An audited profit and loss account
-A copy of the auditor’s report.
These are really low scale.
We are also going to insist on the appointment of both an internal auditor and external auditor. We are doing this in the interest of good corporate governance.
The RBZ will provide prudential supervision to deposit taking MFIs to ensure protection of the safety of deposits and protection of the financial system as a whole. For non deposit taking institutions, the RBZ will provide non prudential supervision. Certain sections of the Banking Act are going to cover deposit taking MFIs. That means that where there is corruption and so forth, the RBZ will have the power of placing that bank under curatorship.
Most importantly, the Bill shall provide for Deposit Taking MFIs to make contributions to a Deposit Protection Scheme to ensure protection of depositors in the event of a failure of the institution. The provision shall give details on liquidation of failed institutions and compensation of depositors. So there will be a form of insurance.
Mr. Speaker, this is a revolutionary Bill in terms of enhancing and deepening financial inclusion and organising the role of the informal sector in this country, the role of small monies to finance small business in this economy. I therefore humbly commend this Bill to hon. members and move that the Bill be read a second time.
- CROSS: I am speaking as the Acting Chairperson of the Budget and Finance Committee, which is the Committee of Parliament responsible for the three Bills that are scheduled for second reading this afternoon, the first which we have just heard. When these Bills were given the First reading in the previous Session of Parliament, we requested as a Committee, the opportunity to conduct public hearings for those three bills. We were denied that facility because of financial reasons. We met yesterday for the first time since the Parliament was adjourned and we decided unanimously as a Committee that we wanted to conduct the public hearings before these Bills were in fact considered for a second reading.
The reason for this is that these three Bills Mr. Speaker, are both complex and important from a national point of view. The second Bill is the Income Act which is of profound interest to every Zimbabwean.
- SPEAKER: Order, order, restrict yourself to the Bill that has just been read.
- CROSS: In terms of this particular Bill, we have had written recommendations from several institutions, raising serious issues regarding the way this Bill has been drafted and requesting amendment. We do not feel competent as a Committee, having held only one short meeting on this particular subject, to pass judgment one way or another or to make recommendations to the House as to what should be our procedures from there on. What we would like to request Mr. Speaker, is that the debate on this Bill be held over until your Committee has conducted public hearings and make its position known to the Minister prior to the Second reading. Thank you.
THE MINISTER OF FINANCE: I think the learned hon. member should have been fair with me and had this discussion with me before standing up. This Bill, I gave notice of it in November of last year just before the Budget. I think for the Committee to say we have not had time to consult, I think the hon. member also needs to be alive to the thing that there is an election this year, so the luxury of public consultations with great respect, it is a sui generis here. What I would suggest Mr. Speaker, in the interest of fairness; I defer debate to next week. I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 14th May, 2013.
SECOND READING
SECURITIES AMENDMENT BILL (H.B. 1, 2012)
THE MINISTER OF FINANCE: Mr. Speaker Sir, this is a very
important amendment that we are making to our law. It is consistent with international best practices and it is consistent with some of the lacunas and gaps we have seen in our present law, particularly around issues of insider trading. There has been a lot of insider trading on our Stock Exchange but our law is not allowed to deal with the intricacies of white collar crimes, particularly as it pertains to dealings on the capital markets.
We are also trying to re-visit the regulatory framework. As you are aware Hon. Speaker Sir, the Securities Commission is full of fulltime commissioners. The Securities Commission oversees markets but there is only one market in Zimbabwe which is the Zimbabwe Stock Exchange. So there is no justification at all of having full time Commissioners regulating one market which markets itself and has also its own internal regulations which are:
- The Committee of the Zimbabwe Stock Exchange; and
- The Board of Directors of the Zimbabwe Stock Exchange.
I am aware Mr. Speaker Sir, that we are going to set up a Commodity Exchange very soon. So there will be two markets but that does not justify the existence of full time commissioners. We hope the
Commodity Exchange Market will be operational in the next two weeks. The main reasons for this is tightening up where there have been gaps particularly, omissions and commissions by stock brokers, tightening up the regulatory framework, tightening up the issues of corporate governance and the issue on structure of the market. So it is a very important Bill.
I want to justify the amendments Mr. Speaker and summarise what is in my lengthy prepared statement. In the call of the amendments to the Securities Act is the recognition of inadequacy and shortcomings of the current Act which has resulted in compromising supervision and the regulation of the Securities Market. The inadequacy of the Act has seen the regulator, the Securities Commission being challenged in the courts by some players in the market particularly the Zimbabwe Stock Exchange. Almost every change that the regulator tries to put in place ranging from charging fees to corporate governance issues has been challenged and resisted by the market.
One of the omissions that took place when the Act was made was that if you look at the original Act itself, it is very narrow and very small but a lot of the regulation was now purportedly done in regulations like in a Statutory Instrument. That is a problem because much of the things that are in the Statutory Instrument and the regulations are not mothered or fathered in the actual Act. Therefore, they are ultra-vires the principal Act. The stockbrokers have got money, they are at the Stock Exchange and they are rich people, so they have been taking the Zimbabwe
Securities Commission to court and we have been unable to function. We want to put some things that are not in the regulations and the Act so that no one can challenge the decisions of the Zimbabwe Commissions on the basis that their decisions are ultra-vires to the Act. That is one of the main reasons why we are coming here.
The other thing that we are also dealing with is the question on intra-sectoral challenges that have been happening. I want to give an example of a situation we once had and it is of the Rennaisance
Merchant Bank. The Rennaisance Merchant Bank was owned by Rennaisance Holdings and the Rennaisance Holdings owned 35 percent shares of Affre, the insurance company. The Affre owned a significant share in the Rainbow Tourism Group (RTG) which owns among other things the Sheraton.
So when there is a collapse at the bank, it had collateral and multiple effect on all the other sectors like the banking sector, the insurance sector and the Zimbabwe Stock Exchange. This is because the Regulator, the Securities Commission had no power to go to the insurance component. They had no power to go to the RTG component and they had no power to go to the banking sector. So we are now giving sweeping powers that if it is a company and it is listed, it does not matter when the commission can come into it, but notwithstanding another super regulator like the insurance regulator. That is one of the things that we are trying to do.
Mr. Speaker Sir, we are also democratising the appointment of the commissioners to ensure that the Minister does not have the right of nominating commissioners or board members. That they are sector generated, so the banking sector will nominate their representative, the insurance sector will nominate their representatives and the agricultural sector will nominate their representatives. So we are diluting the serious powers of the Minister. The bonapetite powers of the minister of appointing willy nilly the board of commissioners and allowing the sector to appoint the men and women of their choice.
However, the Minister and the Ministry will be there to ensure that there is no conflict of interest. We have had massive conflicts of interests, just to give you one example, we had someone who was working for a listed company OK and was sitting on the board. We kindly asked her to retire and she did not take that kindly and we have been taken to the Supreme Court.
The reality is that you cannot be a regulator and work for a company that is on the Stock Exchange. So in this Bill we want to ensure that conflict of interest does not happen.
In short, we have a law that was designed for a very small boys club capital markets but as we saw in America with people like Madoff, the kind of shenanigans that can take place on markets are so great, so intricate, so sophisticated and our law was not equal to that. We are now trying to modernise our law so that we can also play the games that these crooks are playing and this is what we are doing among other things.
We are also establishing sub-committees of the board. At the present moment the Commission does almost everything. So we are now establishing committees of the board like the Human Recourses Committee, the Audit Committee and other various committees consistent with good corporate practice. This is the same as we did a few years ago to the Central Bank and to the Revenues. We are also establishing an investor protection fund. There are many companies that are listed on the stock exchange which due to our difficulties are actually collapsing. Yesterday, we were reading the story of a company
Gulliver’s whose assets were sold. So anyone who is a shareholder in that company stands to suffer if the company gets defaced. So we are establishing an investor protection fund to protect anyone who is going to buy shares and participate on our Stock Exchange. We are very proud that we are going to do that.
As we are living in an ICT era, we are also making it compulsory that any market that will under the supervision of the Securities Commission will have its trade automated. In other words it will have its trades computerised. There are huge challenges arising out of non automation of trades in Zimbabwe. In fact without ICTs the whole issue for insider trading can take place and automation can reduce that. We are insisting on compulsory automation of trades and I am glad to say that the Commodities Exchange that is coming in is already automated.
We are also re-visiting the licence system. The current licence system for a stockbroker of a market is one year. So, we are proposing to issue a licence in perpetuity. In other words, once you get a licence, you get your licence but, this will not be subject and will continue to be subject to the payment of an annual fee. However, if you commit any omissions and commissions, that licence will be cancelled.
Mr. Speaker, we are also providing for a standardised form of listing requirements. At the present moment, listing requirements are so bificated and they are scattered across all the landscape and one of the problems which we have had in the country Mr. Speaker is that if you look at the Stock Exchange Act before it was amended in 1997, it basically provided for very minimalist conditions. The rest was left to internal regulations of the Stock Exchange which sometimes were unevenly and unequally applied. So, what we are now doing is that we are making it clear that if anyone wants to float a company, these are the minimum requirements that you go through – your prospectus, your AGM, the underwriting and so forth. We are proposing to standardise
that.
I have already referred to the issue of insider trade. This is something that we are coming down very hard on.
Hon. members, I know you have had 18 months of reading this Bill. It is a very important Bill in terms of modernising the Act and to anticipate Hon. Cross’s argument, I am prepared again to defer debate to next week on Tuesday. I thank you Mr. Speaker. I now move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 14th May. 2013.
SECOND READING
INCOME TAX BILL (H.B. 5, 2012)
Third Order read: Second Reading: Income Tax Bill.
THE MINISTER OF FINANCE: Mr. Speaker Sir, this is a very important piece of legislation which is fundamentally changing the structure, the process, the substance and the output of our income tax in Zimbabwe. I want to concede that unlike the other two Bills, this is something that consultations should have taken place and if they have not taken place, I would have no objection in deferring debate on the Second Reading to the end of May or first week of June because of its importance. This Bill Mr. Speaker, I do concede that this is a very important Bill. It is different from the Micro-Finance Bill and the Securities Commission Bill. This is a revolution.
It is changing fundamentally the way that the Income Tax Act is structured in Zimbabwe. So, I will do my Second Reading but I would like workshops to be held in which our experts, some of whom are here, will participate. We can explain what we are trying to do here. I want to say Mr. Speaker that the basis of any tax law must be based on three principles. The first one is that it must be simple. Unfortunately, our current Income Tax Act is not simple at all – [AN HON. MEMBER: It was written by lawyers]- The hon. member says it was written by lawyers. I think it was written by accountants because lawyers would have simplified things. So, it is not simple at all. In fact, if lawyers and accountants say it is understandable, they are not telling the truth. It is only a few selected accountants and lawyers who understand it. It is not simple. If you look at the current Income Tax Act and the draft, it is very simple. We have tried to simplify the language.
The second principle of good Income Tax law is that it must be equitable in the sense that it must treat all tax payers equally or equitably. Now, our current Income Tax Act is very much in favour of capital and big business in particular, very much in favour of the mining industry. So, just to give you an example, for an individual like you and me, the upper rate of tax is between 35 and 42%. In fact that is the effective rate. In other words, there is no difference between the nominal rate and the effective rate but if you look at the mining sector, the nominal tax rate is 25%, but the effective tax rate is 80% because there is a huge category of tax expenditure – this allowance, this deduction and this rebate. So, the current Income Tax Act is not equitable and we are trying to do that.
The third principle is the progressiveness of a tax regime. By progressive, if you take the VAT or the sales tax, it is 15% and it does not matter whether you are Standard Chartered Bank, OK Bazaars, John Chibadura or Peter Dotito. It does not make a difference. So, the principle of progressivity is another principle that we are trying to deal with in this Bill.
Before we drafted this Bill, I announced in the 2010 Budget Statement the appointment of a Steering Committee on Tax Reforms comprised of tax experts from Treasury, the Zimbabwe Revenue
Authority and the private sector to oversee the drafting of the new
Income Tax Act. I am pleased to advise that in 2010, we set up this Steering Committee which comprises of some of the biggest tax minds in this country in our jurisdiction. They have worked from 2010, 2011 and 2012. For virtually three years, they have been working on this.
Hon. Chibaya your phone is ringing. – (Laughter) -. They have been working on this Bill.
Let me, on behalf of the Government of Zimbabwe and the Ministry of Finance, thank the men and women who were in this steering committee. Some of the talent that we have in this country is absolutely frightening and I had the pleasure of working with some of these people, very young people for that matter, who worked on this very complex and difficult piece of legislation. I also want to say that we were indebted by offers from so-called experts. Maybe they are real experts, across the world from Washington, Beijing, Timbuktu, people who offered to craft this Act for us and we refused. What is before you is a genuine Zimbabwean driven, Zimbabwean made and Zimbabwean crafted new Income Tax Bill. – [AN HON. MEMBER: Indigenous.] - It is very indigenous but without the application of the Indigenisation Act.
We intend to achieve the following and when honourable members debate, they must check whether any of the provisions is loyal to the following that is what we are trying to do. The first thing, as I have already said is, we are trying to simplify the language for easy of understanding on the part of tax-payers and administration by the revenue authority. Tax administration, tax practice and tax application cannot be the preserve of an elitist group of people namely; accountants, auditors and lawyers. We are trying to simplify it so that my grandmother from Dotito, my grandfather from Chiendambuya and my aunt from Nkayi can understand what we are trying to do.
We are also reviewing existing legislative provisions in line with regional and international best practice. Most importantly, we are also expanding the tax base. The essence of the current Income Tax Act where principles that were developed in 1932, that is the essence. Since then capitalism has evolved and evolved and evolved, the capacity and I dare say, the capricious capacity of business to both evade and avoid tax is unbelievable. That is why lawyers and accountants are hired to both avoid and evade tax. So it is a growing industry. The law has to catch up with the many things that are now considered normal but that are in fact either tax avoidance or tax evasion.
Part of the things that we are doing is that we are expanding the tax base by looking and revisiting some of the many loopholes that are existing in the current legislation, including the over 33 schedules of tax expenditure, in other words, deductions that are contained in the current Income Tax Act which are very complicated if you read them. They are full of formulas, full of what. In this Bill, we have tried to reduce them as much as possible and have left technical formulas in a few sections that are unavoidable, for instance, capital allowances and so forth.
We are also introducing new principles and I am now moving to that. Hon. members this is very key to understanding that. The current income tax law is based on the source principle where taxes levied on income originated in Zimbabwe, that is very clear from Section 14 of the current Income Tax Act read together with Section 7. However, in certain circumstances income was deemed to be from a Zimbabwean source especially income of a passive nature such as foreign interest and dividends, hence subject to tax in Zimbabwe.
The proposed legislation provides for residents based tax system, whereby the taxable income of a taxpayer resident in Zimbabwe is the taxpayer’s income from all geographical sources less any deductions allowed under the Act. The proposed legislation also defines what constitutes a resident company, resident and temporary resident individual, resident transit, resident partnership and non-resident. Below is a summary of selected definition.
A company is a resident company if it is incorporated or formed under the laws of Zimbabwe or its effective management and control is exercised in Zimbabwe at any time during the year of assessment, undertakes the majority of its operations in Zimbabwe during the year of assessment. This is a revolutionary thing comrades and friends. It is best practice. You are trying to deal with the many shenanigans where, and I will not mention companies by name but they are there in the banking sector. They are notorious in the mining sector, some are even bigger than Mbada, where taxes manipulated purely on the basis of source and we are dealing here with the issue of residents, the effective control.
In other words, where is the income? Where is the wealth and where is the surplus being generated? That is what we are working on. I know when you start consulting, you are going to receive representations that; ah well, if I go to the diaspora and stay three days, am I now being punished. Those are pedestrian arguments that are being made by people who have not closely read what we are doing. When you do come across such pedestrian arguments, please ask the relevant comrades to actually read the Act.
You are also going to come across very powerful interests. My mail inbox is full of mail from some of these powerful interest groups in our country who are going to be hard hit by this revolution. Some of them have got money and can use this money very capriciously. I hope comrades, you will be very careful because this is something that is going to affect a lot of people. I know that towards an election zviwanikwa zvinenge zvave kutsvagwa, kwete nenzira idzi hama dzinodikanwa. This is very important and it is best practice. Anyone who says that the graduation from source to residents is not in the best
interest of Zimbabwe, examine what he is. He owns a big multi-national or something like that. We will not accept that.
The second thing is the movement from gross income to income, Section 22. Again the interest among other things of simplification is that we are making a clear distinction between the different types of income. We are making a clear distinction between employment income, what you earn. It is a category of income. We are making a clear distinction. Business income, in particular, net gains on the disposal of business property. Put differently to the experts in this House, we are creating a very thin line between the capital gains arising out of the disposable of a business. We are treating that as income.
Naturally, we are going to revisit a number of Acts such as the Finance Act, Estates Act, and Capital Gains Act. We are doing it because a lot of shenanigans take place on disposal of assets. We are just saying it is income. We are also making a separate distinction on property income - net gains on disposal of investments property and then of course other income. Business income now includes previous untaxed gains from the disposal of certain assets used primarily in the production of income, mainly business property and investment property.
We are also making a restriction in allowable deduction. The New Income Tax Act proposes to restrict allowable deductions to expenses incurred in the production of income. I want to underline this because this is possibly, the Section where you are going to get more representations more than any other. The current law states that any expense occurring in business is deductable. That is a very wide definition. Some can include curtains, lunches bought for small-houses. It is a very wide provision.
What we are seeking to do is that we are saying, show us that this particular expense was incurred in the production of surplus. So wages are there, raw materials are there. There is a fear which is unfounded that we are going to discount certain things that are not directly but indirectly involved. For example, the motor vehicle allowance of a chief executive is not directly engaged but in our view it is so proximate that it can be allowed in the profit and loss account. We are not seeking to create income tax revolution but we are seeking to curb the many excesses that are being done by our people.
This particular provision has been interpreted and there are countless tax judgments that will be able to guide between that which is excessive and that which is not excessive. I want to assure you Hon. Cross and others that this one Section you are going to have a disproportionate number of alarmist representations. Our intention is not to kill business. Our intention is to ensure that what belongs to Caesar gets to Caesar. It is a very important provision.
The Bill also seeks to provide clearer distinction between deductions from income that of a technical nature closely related to the production of income in question and those that are tax expenditures. The Bill will also deal with the issue of double taxation. The normal provisions for avoidance of double taxation will continue to apply so that a resident of one contracting party will not be taxable in the other contracting party, on business profits unless it operates in that other contracting party through a permanent establishment.
In instances where no avoidance of double taxation agreements exist, companies are taxed in the country of actual residence and in Zimbabwe. However, the tax in the country of actual residence will be allowed as a credit. In instances where the tax rates are equal, that is in the country of residence and in Zimbabwe, no tax liability arises in Zimbabwe.
Here, we are addressing the biggest fear of the migration from source to residence, that you are going to tax us double. We are very clear that there are instances where there are double taxation agreements like we have got agreements with South Africa, Mauritius, Kenya and we are currently negotiating with Seychelles and so forth. Where there are not there, the standard thing applies that is to say, in instances where we allow actual residents as a credit. That is what we will do.
Another area I want to deal with is the income tax base. The income tax base has been rearranged in terms of taxable income earned by a resident, non-resident, company, miner, trust, insurer, and petroleum operator for ease of reference. If you are in any of these categories, it is actually easy to go and see what the law says in respect of your industry.
All businesses other than life insurance will be taxed on the same principles. However, Special Mining Lease Operators will continue to be taxed on the basis of special provisions contained in the respective agreements. The reason why we did this is that with mining, the President issues special grants in terms of the Mines and Minerals Act and this special grant by operation of law normally contain certain special provisions that are in there. We have not interfered with that.
Allow me Mr. Speaker Sir, to speak in greater detail on taxation of net gains from the disposal of business and other assets. Under the current legislation, taxation of capital gains or losses is restricted to specified assets, that is, immovable property and marketable securities which are taxed under the Capital Gains Tax Act. However, under the proposed Income Tax legislation, all capital gains or losses on the disposal of business assets will be subject to income tax unless specifically excluded by the regulations. Disposal of assets includes sale, donation, loss or destruction of an asset.
The capital gain on disposal of an asset shall be the difference between the proceeds from disposal and the cost base of an asset. A capital loss on the other hand is equal to the amount by which the cost base of the asset exceeds the proceeds. This eliminates provisions relating to recoupment and scrapping allowance.
The cost base of an asset (Income Tax Value) is generally the expenditure actually incurred on acquiring the asset including the expenditure directly related to the acquisition or disposal of that asset or to improve the asset. A new concept on the taxation of gain and deduction of losses arising from the disposal of business and investment assets has been introduced. Previously, any gain above recoupment was disregarded for income tax purposes.
It is not Greek what I am saying. If you read the provisions, you will see how simple we have tried to make some of these principles. The Bill will also abolish the Special Court for Income Tax Appeals while retaining the Fiscal Appeals Court which will now become the Appellant Court for first instance of income tax appeals. This is very important because of the delays.
We have also tried to reduce instances because the Fiscal Appeals Court is almost on par with the High Court. We have reduced instances of delays where the internal system is adjudicating which often at times causes delays and abuse because so much discretion is given in the tax administrators. That is why we are doing that.
Generally, we are updating and modernising of outdated terms to take account of contemporary developments in the field of income taxation such as the change over to the accrual basis of accounting. Over and above the new concept, the Draft Income Tax legislation retains most of the provisions of the current Income Tax Act save to say that we have reworded the language to make it simpler, sexed it up, if you like. However, the Draft Income Taxation modernises the money taking into account the relevance of existing cases which form the basis for interpretation of some of these provisions. Hon. Speaker, I intend to introduce some amendments during the Committee Stage after the Second Reading which takes into account some of the representations which I have already received. I want to say that on some of the key principles, we cannot accept because it will destroy the essence of what we are trying to do. For instance, trying to persuade us to retain the current source based method of calculating tax.
There are also other areas Hon. Speaker which will come with amendments in the Second Reading. This is the area in particular of Insurance Taxation. Insurance Taxation is very complicated. What we deliberately did was to retain the current status quo because we got to a stage that if we were waiting for this bill to be perfect, we were not going to present it. We have experts working on that and we hope that by the time of the Second Reading, we will come with a schedule that is going to deal with the complicated issue of taxation of the insurance sector.
There are one or two other areas Hon. Speaker that we are also working on which when you start your consultations, they will become self evident to you. My failure to mention them here is not an accident. It is deliberate understanding that because of the complexities of this Bill, consultations have to take place and certain amendments will be made in the Second Reading. As I said, there are certain things that we will not compromise on, which are the issues around Section 35 and the issues around the sacrosanct principle of residence based taxation. With those few words Hon. Speaker, I respectfully and humbly move that the Bill be now read a second time, subject to the consultation issue.
Motion put and agreed to.
THE MINISTER OF FINANCE: I move that the debate do now
adjourn.
Motion put and agreed to.
Debate to resume: Tuesday, 3rd June, 2013.
On the motion of THE MINISTER OF FINANCE, the House
adjourned at four o’clock p.m.
PARLIAMENT OF ZIMBABWE
Wednesday, 8th May, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
VOTE FOR A WOMAN CAMPAIGN LAUNCH
- SPEAKER: I have to inform the House that the Women in
Politics Support Unit (WiPSU) is inviting all Members of Parliament
(both male and female) to a launch of the ‘Vote for a woman’ campaign
[HON MEMBERS: - Inaudible interjection] - Order, Order hon. members.
I have to take that again. I have to inform the House that the
Women in Politics Support Unit (WiPSU) is inviting all Members of
Parliament (both male and female) to a launch of the “Vote for a woman campaign and its publications which include the gender audit for political parties, baseline study for Binga, Shurugwi, Makoni and
Hwedza on Women’s participation and the 2012 annual report. The launch will take place on Thursday, 9th May, 2013 at Crowne Plaza Hotel, Harare from 1730 hours to 2000 hours.
MDC-T CHANGES TO COMMTTEE MEMBERSHIP
- SPEAKER: I also have to inform the House that the MDC-T Party has made changes to committee membership whereupon Hon.
Mudavanhu moves from the Portfolio Committee on Health and Child
Welfare to the Portfolio Committee on Public Works and National Housing.
MEMBERS’ ATTENDANCE
- SPEAKER: I wish to urge all Party Whips to encourage their members to attend today and tomorrow’s sittings in order to meet the two thirds majority which is 144 members, requirement for the Constitution of Zimbabwe Amendment (No. 20) Bill in terms of Section
52 of the Constitution.
HON. MASHAKADA’S ACADEMIC PROFILE
- SPEAKER: I also have to inform the House that Hon. Minister Tapiwa Mashakada recently, successfully completed his research towards a doctoral degree in Economics and was awarded the Degree of Doctor of Philosophy in Economics of the 13th March, 2013 by the University of Stellenbosch in South Africa. I would like…. [HON MEMBERS: Ululations.]- . Order, I would like to lead the House in congratulating the Hon. Minister on his attainment. Please take note of the change in his title to Dr. Tapiwa Mashakada.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: May I move that Question Time be
stood over until we have disposed of Order of the Day, Number 1.
Motion put and agreed to.
SECOND READING
CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 20) BILL
(H.B. 2, 2013)
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: May I particularly thank you for recognising me this afternoon as I proceed to present the Second Reading of this Bill which reading in my submission is of critical historical importance.
For some of us who go to church, we know and are aware of the book of Prophet Nehemiah. In the first chapter of this book, the Prophet describes how Jews coming out of captivity painstakingly rebuild the fallen walls of Jerusalem. Each and every one of them was determined and did participate.
For 33 years, Zimbabwe Supreme Law has been a ceasefire document negotiated at Lancaster House, England in 1979. The desire by Zimbabweans to write a new Constitution by themselves and for themselves started in 1999 agitated in the main by the National
Constitutional Assembly. The process of writing a Constitution has been long and arduous. We failed to agree on a new Constitution in 2000. Nevertheless we soldiered on. The process gathered momentum as the years went by and on 15 September 2008 the three main political parties represented in this Parliament and Government signed the Global Political Agreement to address the main ills facing, in the main – the governance of this country.
In my submission, the cornerstone of the Global Political
Agreement is the provision for the writing of a new Constitution for Zimbabwe. That writing of that Constitution was done in an inclusive and transparent manner. In the past four and half years, the people of Zimbabwe, just like the Jews in the time of Nehemiah, have painstakingly participated in the production of a Bill I present before you today.
The crowning achievement in this process was the “YES VOTE” in the Referendum on 16th March, 2013. I stand before you to ask in all humility to transform the Referendum result into law by passing this
Bill. Again, a lot of you will be aware of the New Testament story of
this colt which was freed and joyfully strode into Jerusalem with Jesus on its back. The passing of this Bill marks our passage into a new Zimbabwe.
There were various stages in the process leading up to the writing of this Bill. I am not going to go through every stage which we encountered and the manner in which this particular Constitution was done or written. Suffice to say that from 2009 up to today, we have traversed a number of stages which has made it possible for us to come to this day.
- SPEAKER: Order! Hon. member, your microphone is off.
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS: I beg your pardon. I was making
reference to the various stages which we followed in this Constitution making process. I do not want to belabour this House by going through each and every stage, suffice to say that the culmination of all these stages was the Referendum of the 16th of MARCH, 2013. I now want
Mr. Speaker with your leave, to address the main features of this Constitution, Amendment Bill No. 20.
Mr. Speaker Sir, one important aspect of this Constitution is the provision of the Preamble. What is of particular importance is that whilst we provide the Preamble in this Constitution, the current Lancaster House Constitution does not have a Preamble. This was a positive development because the Preamble sets out who we are, where we come from and where we are heading. In particular Mr. Speaker Sir, it will be noted that the Preamble of this Constitution which is at page 15 of the Draft which is before you, addresses the issue of diversity in this country.
Whilst addressing the issue of diversity in this country, that same
Preamble again proudly states that we are one unitary country. That Preamble Mr. Speaker recognises our history, the history of the liberation struggle and the many troubles which we went through in order to come to our Independence in 1980. That Preamble says we want good transparent governance, respecting fundamental human rights and the rule of law. The bottom line is that, we want fairness. Importantly Mr. Speaker Sir, this Preamble acknowledges the Supremacy of God. To those honourable members who have taken the trouble to read this whole Draft, it is quite clear that there is a thread which runs through this Draft from the Preamble and all the way to Chapter 18.
The thread which runs through this Draft is the thread of fairness. What the people of Zimbabwe said in this Constitution is that we want good, transparent governance, tinoda kutongwa zvakanaka. I know that some people want to govern but I come from a school of thought which really implores the governing to govern properly. That is all I say; tirikuti muBumbiro iri, tapota titongeiwo zvakanaka. Where is this aspect captured in this Constitution? What I am going to do is to go through the whole document and to identify those aspects or those pages and those chapters where the issue of fairness runs through this whole document.
Mr. Speaker Sir, I want to make reference to Chapter 1. It sets out the Founding Principles of this Constitution. I have already said that, that Preamble proudly describes our nation as diverse but as one. If you go to the Founding Provisions on Chapter 1, at page 16, a very clear statement is made in Section 1 of that Chapter. It says “Zimbabwe is a unitary, democratic and sovereign republic.” That is a carryover from what our Preamble says. This is particularly important Mr. Speaker Sir when we go to the Chapter which deals with the Provincial and Local Governments, your Devolution Chapter.
I want to particularly make reference to that Chapter because there has been a misunderstanding with respect to what Devolution means that Zimbabwe is being split up in different little countries. When we go to our Preamble, when we go to our Founding Provisions, it is quite clear that, that is but a misconception and a misconception only. You will also note that in the Second Chapter which sets out our National Objectives. I am looking at page 18 particularly Section 9. The issue of Good governance is also addressed. You will see that if you go to page 42, the President is obliged to govern properly. This is set out in Section 90.
You will also note that when we go to the powers of the Attorney General at pages 50 – 51, again the issues of good governance are set out. You will also note Mr. Speaker that when we go to page 66, which deals with Elections, the issue of transparency is again set out. You go to page 77, which outlines the principles in respect of which our Justice system must work; the issue of good governance and transparency is set out. You go to the principles involving Public Administration on page
81; again transparency and fairness are set out. You go to page 83 Mr. Speaker, the Conduct of Civil Servants, again the concept of transparency and fairness is set out. You go to the conduct of members of the Security Services on page 85; again the issue of transparency and good governance is set out.
Mr. Speaker Sir, what I am trying to show is that principles set out in the Preamble threads which we see in the whole of this Constitution. It is very important that when one reads this Constitution, he must be able to pick those threads which are in the Preamble and then look at how those threads are actuated in the whole of the Constitution.
Transparency and certainty are principles running through the whole
Constitution. In this particular situation, I want to address the issue of
Term Limits. Term Limits in this Constitution apply to the office of the
President. They apply to judges of the Constitutional Court, to
Permanent Secretaries and to Commanders of our Security Services.
The reason why this thread again which runs through the whole Constitution is that there be transparency and certainty. We are not only looking at transparency and certainty, we say when you are in power there is need to put in a succession policy. As they say Mr. Speaker Sir, a success without succession is not success at all. These Clauses are Clauses which run through the whole Constitution and the various passages which I referred to. When we refer to these threads which run throughout this Constitution, I want to stick to various and specific Chapters in this Constitution. Obviously, I cannot go to each and every chapter for obvious reasons but with respect, I think there is need to pick certain important provisions in this Constitution and speak to those Chapters or to those Provisions.
The first chapter I want to address Mr. Speaker Sir, is Chapter 3; which deals with the issue of Citizenship. Mr. Speaker Sir, we have crafted a chapter on citizenship which, although not perfect, is a chapter which recognises the mistakes we have made in days gone by.
Mr. Speaker Sir, the essential elements of this chapter on citizenship are as follows:
- Citizenship is now gender neutral. It can be obtained through either maternal or paternal side of the family.
- Abandoned children below the age of 15 are entitled to citizenship by birth. This is a brand new innovation in this Constitution.
- Citizenship is not lost through marriage or dissolution of marriage.
- Citizenship cannot be revoked if it makes one stateless.
- I believe this is critically important. A citizen by birth cannot lose his citizenship no matter the circumstances. I always said there is a Shona saying which says, “une benzi ndoune rake kudzana unopururudza”. – [HON MEMBERS: Inaudible
interjections.] I hear the Ndebele version but I also hear that there is another version that, “Ana Chombo ndeane wake”, which is not part of this Constitution. What is important is that no matter what a citizen by birth wants to do, that person cannot lose his/her citizenship.
Another important aspect which has been brought about by this
Constitution is to address the issue of the ‘so called aliens’ and I say the ‘so called aliens’ because most of these people have never been aliens. Most of these people have never known any other home except Zimbabwe and Section 43 of this Constitution specifically addresses this issue and makes it quite clear that the persons who came or who are coming from the ‘so called SADC countries’, ordinarily are resident in Zimbabwe and bear children in Zimbabwe are considered, from henceforth, citizens of this country. I am sure that persons who were so grouped and may be at times described in derogatory terms can now stand as proud Zimbabweans and exercise their right to vote in the coming election.
Mr. Speaker Sir, I come to Chapter 4, The Bill of Rights. Mr. Speaker Sir, the current Constitution recognises two sets of rights: political and civil rights. This is common in just about every country but we have gone far in this new draft. We have expanded this Bill of Rights to include not only political and civil rights but to include socio-economic, cultural and environmental rights.
If there is any attack on this Constitution, surely one cannot attack this Bill of Rights. This is an expansive Bill which makes sure that we are doing in Zimbabwe what is good for us Zimbabweans and what is in the best interests of our country and in what is best international practice.
Again Mr. Speaker, I do not believe it is necessary to go into further detail. Members have looked into this draft and they have poured over it and I want to proceed to the next Chapter. Before I do so, I just want to address two issues particularly to the religious groups.
The first one has been that this Constitution is going to provide abortion on the take. This could not be further from the truth. In this country, we have what is known as the Termination of Pregnancy Act. What these people have said is exactly what is prescribed by this piece of legislation. There is no truth in the allegation that this Bill is granting the termination of pregnancy on the take.
The other issue Mr. Speaker which I want to address, relates to
Section 78 of the Constitution which touches upon Marriage Rights. The argument, again misconstrued, is that this Constitution is going to allow for same sex marriages. Mr. Speaker Sir, when one reads Section 78, one must read it as a whole. Section 78 (3) is very specific in its terms and it says persons of the same sex are prohibited from marrying each other.
One must also read this particular Section with Section 56 of the same Bill of Rights which is the equality and non-discrimination clause. Mr. Speaker Sir, some of us have looked at this clause and have looked at Section 78 and concluded that this Constitution provides for same sex marriages. I want those people, with respect to go back and look at Section 56 (3) and then to go to the South African equivalent which clearly protects sexual orientation as a right. Our Section 56 does not and when one reads Section 56 and Section 78 of the Bill of Rights, one is left to wonder kuti ko vari
kurasika papi… [AN HON. MEMBER: Paimba yeround]- …
because this Constitution, contrary to what they say is not allowing for same sex marriages.
Mr. Speaker Sir, I come to Chapter 5 which deals with the
Executive, Chapter 5 which deals with the Office of the President,
Cabinet and related matters. Mr. Speaker Sir, depending on the paper one reads, we would have read in the paper of your choice that the President’s Powers have gone up in smoke. One paper would say, “President’s Powers still intact”. The truth of the matter Mr. Speaker and according to our Constitution, the true position is somewhere in between. The Constitution addresses both sides of the coin and sees to it that a proper balance is kept. How is this proper balance kept?
Firstly, I have already made reference to the Presidential term limit. What it means is that as a President is going to be in power for a specific time of 10 years and no more, the issue of patronage fall away. What it means Mr. Speaker is that we now have a President who must appoint running mates. The issue of succession is addressed [AN HON. MEMBER: Kwete zvokungoti vana Mai Mujuru nanaNgwena izvo]-. So, we now have a situation where there is certainty. You know very well that when A goes, before his term of office comes to an end, then B must take over. This new innovation of introducing term limits in our Constitution will go a long way to solve our problems in this country. There are issues of the declaration of war and peace and dissolving Parliament and you will notice when you read this particular chapter that the Executive to a large extent is going to report to Parliament and in certain circumstances, the Constitutional Court will have the final say.
I now come to the Legislature, Chapter 6 of our Draft Constitution. Members will know or would like to know that we have not made any changes to the number of Houses which are currently in the current Constitution. Members will also know or would like to know that we still carry the 210 constituencies in the House of Assembly. I do not limit this to women because this positive advancement of women must obviously affect everybody in the country. Members would like to know that 60 seats have been provided for women in the House of
Assembly, women only. This particular arrangement lasts for ten years. Thereafter; we hope that women would have been able then to bring themselves up to the same level as men. Again, these women are not going to be elected on a first come or on a first past the post basis. They will be elected on a partly system, six women per province. We also have retained 80 members of the Senate but of those, 60 members are again going to be elected on a party system, proportional representation.
Two out of the 80 are going to be representing the disabled persons.
Mr. Speaker Sir, some people have argued that because the disabled are represented in the Senate, why do we not represent, a, b, c,
- e. It was important and necessary to start. It is my submission that a good start has been made and as time goes on, if it is found necessary that there is need to provide for class representation, this issue can be looked at into the future.
We come to Chapter 7, the chapter dealing with elections. Mr. Speaker Sir, we say elections must be conducted in an atmosphere devoid of violence. As I shall comment later, the fact that we provided for this in the Constitution does not guarantee a violent free election. We need to do more. We can only do more if we adopt a culture of constitutionalism. It was necessary to set out the State’s obligations in this Constitution so that at no stage, must the state be left unknowing as to what its obligations are. We also provided in this particular chapter that the State has got an obligation to make sure that everybody who must vote is registered as a voter. I am glad that currently, the
Government of this country is putting in various modalities to make sure that this is done.
Mr. Speaker, I come to the Judiciary and the Courts. The important innovation in this chapter is the introduction of the
Constitutional Court. This is going to be a stand-alone court not a court which is part of the Supreme Court as is the current position. The rationale of introducing this court is that we have introduced a new set of values in Zimbabwe. We have introduced a broad Bill of Rights in
Zimbabwe, we have introduced a lot of new concepts and principles in Zimbabwe and we need a court which is going to see or to oversee that those new and broad principles are protected and carried out. Admittedly, there is going to be a transitional period in respect of the persons who are going to sit on this particular court but the principle is that at the end of the day, we should have a stand-alone Constitutional Court in this country.
I have already made reference to the issues of principles of public administration and leadership, the issue relating to the civil service. They are obliged to conduct themselves in a transparent manner and in a manner which emphasizes good governance and the rule of law. With respect, I need not say more about them at this stage.
I come to the issue of the Security Services. Mr Speaker Sir, this Constitution makes the point very clearly that all our Security Services are subservient to civilian authority not vice versa. It is our hope indeed and I believe it is a hope of every Zimbabwean, that as we go through this Constitutional process, this particular aspect of this Constitution will be respected by members of our Security Services. Again, in order to give certainty, transparency and in order to eat into that issue of overstaying, members of the Security Services have been limited in their terms of office. What it means is that you are appointed to a term of five years, after five years and you are entitled to another five year term.
After the ten year period, no matter we all go up in a riot and say that you must be re-appointed, that is the end of you as Commander of that wing of the armed forces. It is a positive development and this is consistent with the term limits which have been imposed in respect of a lot of senior officers recognised in this particular Constitution.
Mr. Speaker Sir, we have been criticized in Africa in that we glorify individuals and not institutions. This Constitution creates independent commissions and these independent commissions have been tasked with supporting our democracy. It is hoped that with this Constitution, with the creation of these independent commissions we can look at institutions and not necessarily at individuals in order to make sure that our country is properly governed. Whilst looking at these institutions, I want to look at the National Truth and Reconciliation Commission. It is on page 99 of the Draft Constitution. I want to disabuse this thought that this Commission was put in place as a witch hunting Commission. It was not. When you look at page 99, you will come to realize the rationale behind the setting up of this Commission.
We do not believe that we are going to be in a permanent state of conflict and this Commission is therefore set for ten years with the rider that if it becomes necessary then the Commission can be put into place again.
Mr. Speaker, let me go to another institution which is again a new innovation but which is critically important in the context in which we found ourselves in Zimbabwe today. This is the National Prosecuting Authority. The National Prosecuting Authority is set up outside the office of the Attorney General’s Office. That National Prosecuting Authority is tasked with carrying out all criminal prosecutions. The reason why this institution was set up is clear; you cannot deny the problems which we have gone through in this country. This National Prosecuting Authority is to address those very issues which we experienced in the past years in our country.
I come to provincial and Local Government. I have already made reference Mr. Speaker, when I addressed the preamble about the diversity of our country. When one looks at Chapter 14, it provides for local and provincial governments. Again it is clear that this particular provision is a provision which seeks to hold transparency and democracy in our country. You notice that this particular Chapter, particularly in the preamble, goes back and marries with preamble. The values in the Preamble and founding principles are repeated on page 264 and page 265, dealing with functions of provincial councils.
Importantly Mr. Speaker, you have a Council at provincial level, a Council which is headed by an elected person. You have at provincial level, ten people who are elected to be members of that Council. Mr. Speaker, ten persons who eventually will become as it were a Cabinet of that Council. They will be tasked with overseeing or with chairing the various committees of that particular Council.
Mr. Speaker, we do not forget our traditional chiefs. We respect them and in Chapter 15, we set out that respect which is accorded to them. Again as I have said, in other respects, we expect these chiefs to be transparent. We expect these chiefs to be democratic, we expect these chiefs to follow the rule of law.
We are aware that we have gone through a Land Reform Programme. This Constitution addresses this issue. In Chapter 16, we have come to realise and we provided that we can no longer go back on the land issue. We have sought to protect whoever is on land so that there is no unwarranted interference with the occupation by that person of that particular piece of land. Obviously, if there is due process, then there is going to be intervention because due process is taking over.
What is important in this particular Chapter is that we have set up the Zimbabwe Land Commission. A Land Commission which will ensure accountability, fairness and transparency in the administration of agricultural land.
The last one Mr. Speaker, we must address the issue of finance. I do not believe that it is necessary for me to go through the details of the financial provisions which are contained in this Chapter because there is not much difference between the current Constitution and the Bill which is before you.
Chapter 18, the last chapter, provides for the general supplementary provisions in this Bill. It provides for the amendment of this Constitution and any migration from the current Lancaster House Constitution to the Constitution which I am sure this House is going to pass after debate. It is important that I address the issue of how to amend or how this Constitution is going to be amended. Mr. Speaker Sir, I am looking at pages 125 and 126 of this Bill. In terms of the current Constitution, this Bill was placed on public display, that is published in the Gazette 30 days before it was presented in this
Parliament. That was the minimum provided for by the current Constitution. What this Constitution says is that if there is going to be any Bill to amend it, then it must be gazetted for not less than 90 days. This particular Bill is aware of certain special provisions which must be protected and these provisions are firstly, the Bill of Rights provision, which is Chapter 4, the Agricultural Bill provision which is Chapter 16.
The position is as follows;
In an ordinary amendment, one needs a two-thirds majority before that particular amendment is passed.
If it is a Bill seeking to amend the Bill of Rights to Agricultural Land and seeking to amend term limits, in addition to two-thirds majority, you also need to submit that amendment to a referendum. More Mr. Speaker Sir, in respect of term limits, the person who is the incumbent at the time, cannot benefit from that amendment in addition to other peculiar provisions which are set out in this particular draft.
Mr. Speaker Sir, I need to come to a conclusion. I am doing so because I am aware that members have thoroughly gone through these documents. Let me say without any fear of contradiction Mr. Speaker, that I am proud to be associated with this Bill just as yourself and hon. members should be. However, as I have said earlier, having a good Constitution on its own is not sufficient. It is of paramount importance that we respect the Constitution and the laws made in terms thereof. We need to develop a culture of constitutionalism. As already said, a good Constitution does not on its own deliver an election which is free from violence. As I indicated earlier, the passage of this Bill represents our collective triumphant march into a new Zimbabwe. Whilst I may not agree with every aspect of this Bill, I want to concede that this is overally a good Constitution.
The Constitution process took a long time. Despite the time taken, persons and institutions were committed to its final and successful conclusion. I thank you Mr. Speaker and hon. members for the part you played in the process. In particular, I want to thank the Select
Committee core-chaired by the indefatigable Hon. Mwonzora,
Mangwana and Mkhosi. I wish to thank members of the Management Committee for their tireless efforts, at no extra remuneration, in the production of this Bill.
I extend my sincere appreciation to UNDP and the many development partners who provided material support to this process. I want to thank the drafters, Judge Chinhengo, Brian Crozier and Mrs.
Priscilla Madzonga for a job well done; not forgetting Professor P.
Makhurane and H. Sadza for chairing both the 1st and 2nd Stakeholders Conferences. I want to thank the people of Zimbabwe and in particular the leadership of political parties and Government for their support.
Last but not least, I want to thank the staff in my Ministry led by Mrs. Mabhiza who is here today, for having been present for me and the process at all times.
Finally, Mr. Speaker Sir, we could not be here but for God’s guidance. In the Roman Catholic Church, there is a chorus which goes Handigoni kukutendayi zvakakwana. We simply cannot thank God enough. We need to acknowledge in humilit, that we are all here today because of his Grace. I thank you Mr. Speaker [HON. MEMBERS:
Hear, hear] – [HON. MEMBERS: Inaudible interjections].
- SPEAKER: Order, order.
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS: Thank you Mr. Speaker Sir. I am certainly not debating my speech but members will have picked up a document which reads Notice of Amendments, Constitution of
Zimbabwe Amendment No. 20. I simply seek to give notice to hon. members that I will be moving these amendments during the Committee Stage of this Bill tomorrow. I want to say that all the amendments which are set out are amendments which arise out of full and agreeable consultation of all the parties involved in this process. This particular document is a result of the meeting on Monday of the management committee where everybody was agreeable to these amendments.
THE MINISTER OF FINANCE: Honourable Speaker Sir, -
[HON. MEMBERS: Inaudible interjections] -
- SPEAKER: Order, order. Minister you can continue, I have recognised you.
THE MINISTER OF FINANCE: Honourable Speaker Sir, I
want to thank you for this privileged moment that all of us hon.
members in this House are having. This once in a life-time experience of debating a new constitution for a country. I think, Mr. Speaker Sir, this is a revolutionary moment and a moment that we will treasure that we were there and we were able to contribute to this important step in the history of our country and I will illustrate a little bit further, when I go into the history of our country, why today is such an important step. To be here Mr. Speaker, and for some of us who have been involved in the negotiations, it is actually a miracle and it is a desire and a push of God that we are actually here.
Mr. Speaker, we recall that on the 29th of September, 2007, SADC met in an extraordinary meeting in Maputo and directed through President Mbeki, that the Zimbabweans should dialogue and dialogue on those issues that will bring a legitimate, credible, sustainable Zimbabwe. It was identified even at that meeting that the Constitution will be at the epicenter of this debate around establishing a credible, legitimate and sustainable Zimbabwe.
We started negotiations on the 14th of April, 2007 in Pretoria, South Africa. Those negotiations were not easy. Those debates were acrimonious. The only thing that did not happen in those meetings was actually physical confrontation or altercation. But, anything that can happen where there is attrition, including banging of doors, throwing of water bottles at each other, it actually happened. Particularly the first meeting that set the agenda which was held at Sandton on the 18th of June, 2007.
So, to be able to come here to celebrate this process Mr. Speaker, it is actually a miracle and the grace of God that we are here. Even when we eventually were tasked to meet on the actual Constitution after months and years, it was not easy. Many of us here Mr. Speaker will remember the First All Stakeholders Conference which was held in Harare on the 13th of July, 2009. The meeting was chaotic. It was clear that there were certain sector offers, certain shareholders of the past who did not want to see the actualisation of this Constitution. Water was thrown in that meeting and even bottled urine was thrown in that meeting Mr. Speaker.
Mr. Speaker, it had to take the intervention of the three Principals who organised a meeting and a Press Conference on Monday the 13th of July. It had to take the intervention of the three Principals who had to do a Press Conference at 7.00 p.m. on Monday, 13th July, 2009 to force that the All Stakeholders Conference will actually occur.
Those who were at COPAC will also testify to the serious fights that would take place, particularly at the beginning when trust and acceptance had not been laid. I think it is indeed very right Mr. Speaker, to thank the leadership of the co-Chairs of Honn Douglas Mwonzora, Mr. Mulyaradzi Paul Mangwana and Mr."Edward Mkhosi because there was abrimony a those meetings. I also want to remember the two weeks se srent in the bush hidden somewhere at a little cottage,!somewhere in the middle ov mn}ntains in Nyanga trying to resolve some of these issues.
I know that books will be written but I think it is importand tjat it is chro.icled$that those meetings were not easy. Therd were 4imes Mr. Speaker. that one or two of the parties would grab and pack their bags to say I am leaving; I do not want to see you. And, then quietly you would put your tail in the leg and come back. There were times that, on the negotiatinf table, you would not believe that you would actually reach consensus on a particudar thing. So, you would!run away and switch off ymur phone in the fear that Hon. Chinamasa will phone and say come bag+, i have reco~sidered. That used to happen.
So, it was not easy. Even as late Mr. Speaker, as Wednesday, 17th of January, 2013, there were still wars. Mr. Speaker, you will remember that we met with the Principals on Thursday, the 18th of January, 2013. Even on the Wednesday evening that we met at COPAC House in Milton Park, we had such a fight Mr. Speaker, that our elasticity was so stretched that we said look, if this thing is going to die, let it die. We all walked away from that meeting. And to believe that the following day, in a meeting involving our Principals, a thirty-minute meeting, all the issues that were then outstanding at that time – the issue of devolution, was resolved. I think it was a miracle.
So, I want to state that the Constitution and the fact that we are here is a reflection of the maturity of the people of Zimbabwe. I want to remember on the 13th of August, 2012, we were in Maputo at the ThirtyThird Ordinary Summit of SADC. There, our colleagues in ZANU PF brought a document. Remember, each political party took the document to its own Executive or National Council or to its own Central Committee of Politburo. I know that our comrades in ZANU PF had many sleepless nights in those days – 15 hours of debate and they were debating the 18th of July Draft.
The net outcome of that was a thorough revision of the 18th July Draft. So, we were in Maputo when we received from the ZANU PF delegation, a summary of their own revision to the 18th July Draft. Some of us were shocked to the point of a heart attack because what was in that document was a complete negation and revision of the original documents. Fortunately Mr. Speaker, if you compare the document we are debating and the document of the 18th of July, 2012, there is hardly any difference.
So, this is a process that no one could have stopped. I want to say Mr. Speaker, as a Christian, that which God has pre-determined, no one, the opinion columnist, the chaos faction in some political parties; no one can stop this process. So, having outlined the experience Mr. Speaker, I want to define what this Constitution means for Zimbabwe. The first thing that this Constitution does is to establish a new social contract in Zimbabwe. If you will look at the preamble of the GPA, it records a society that is conflicted, a society that is torn by violence, torn by conflict, a society that is torn by the disbursement of the rule of law, society that is torn by the disbursement of dis-cohesion and lack of national unity.
It was the vision of the Global Political Agreement that it sort to bring about a society with shared commitment to re-orient our attitude towards respect for the Constitution and all national laws; to respect the rights of all Zimbabweans regardless of political affiliation to benefit from and participate in all national programs; to recognise, accept and acknowledge the values of justice, fairness, openness, tolerance, equality, non-discrimination and respect of all persons without regard to race, class, gender or ethnicity; to build a society free of violence, fear, intimidation, hatred, patronage, corruption and founded on justice, fairness, openness, transparency, dignity and equality.
Now, these things were being talked about because the social contract in Zimbabwe had broken down. What this Constitution seeks to do at first instance is to restore the social contract in Zimbabwe and to restore trust on those that govern and those that will be governed. To me, if you read the preamble, if you read the founding principles of this document, they are in fact consolidating and codifying the restoration of the social contract in Zimbabwe. We have been an afflicted society suffering from violence, abuse and fear of power. This Constitution seeks to address that.
The second thing which this Constitution does which is very important is to fulfill the unfinished business of the liberation struggle – [HON. MEMBERS: Hear, hear.] -. Mr. Speaker, it is not enough to have a flag of your own. It is not enough to have a national anthem of your own. It is not enough to have a black President or black Prime Minister when you do not have a Constitution that you can say has been made by us and for us. Zimbabwe has never had a Constitution of its own and by its own until now.
The first Constitution of this country, of modern Zimbabwe, I am talking of modern history, was the Southern Rhodesia Order and Council of 1889. The background of the Southern Rhodesia Order and Council of 1889 was that following the Berlin Conference of 1884, the British Government did not have the money of conquest. They out-sourced conquest to their private capital, in this case the British South African
Company (BSAP) led by that notorious rogue called Cecil John Rhodes. He came into this country, negotiated with King Lobengula and others and the Southern Rhodesia Order and Council of 1889 was enacted.
If you read this Order of 1889, it was an order codifying plunder passing the sovereignty of land that lay in black people to the company, the British South African Company. All that was there was minerals and land. First, they thought that Mashonaland would be the new grant-rant.
Then they were disappointed and they went back to Matabeleland.
The people of Zimbabwe then revolted against the looting that was taking place. In fact, the colonialists where looting so much that amongst themselves, they decided to form a committee that was called the loot committee chaired by one, Thomas Meikles whose capital is still in Zimbabwe. Now, I do not know who is chairing it. When the looting took place, there was war in this country. Black people in this country arose, particularly in the southern parts of the country and a war took place.
However, black people were subjugated and in 1894, a new order and council was created which was the Matabeleland Order and Council. One could say that the Matabeleland Order and Council is the second Constitution of this country. There was a conflict between the crown king, the company, the settlers and the black people. The king or the crown was saying this is our land, you cannot petition it. The company was saying no, no, we are the ones that have colonised this land, this is our land. Of course, the black people were saying, this is our land.
The matter was eventually referred to the Privy Council and the Privy Council was the highest court of appeal in the British Empire. The matter was decided in an infamous case called Inre-Southern Rhodesia: 1919; AC 211. In that court, the Privy Council held that black people had no rights over anything; that the company could not dish out land but that the crown could dish out land. As a result of this judgment, we then had the third Constitution of Zimbabwe which was the Southern Rhodesia Order and Council of 1923.
You can see again that we have never had a Constitution for ourselves. Soon after this, we had the Morris Carter Commission that looked on the issues of land and said they had a matrix of apartheid. There had to be segregation of land and of course, as all of us know, that led to the Land Apportionment Act of 1931. Thereafter, the next
Constitution which we had, which was of significance, was the 1965
UDI Constitution. After the 1965 UDI Constitution, we had the 1978 Zimbabwe-Rhodesia Constitution. After the 1978 Zimbabwe-Rhodesia Constitution, we had the Lancaster House Constitution.
Now, the Lancaster House Constitution was not made or passed in this Parliament. The Lancaster House Constitution was not even an Act of the British Parliament. It was actually a Statutory Instrument. Can you imagine a Statutory Instrument? It is delegated legislation. It is something that the Minister makes without consulting. So, this
Constitution which we call the Zimbabwean Constitution which we have pretended to call the Zimbabwean Constitution, is not and has never been our Constitution despite the abuses we have made on it, the nineteen (19) patches, ill patches that we have made in thirty three (33) years of our independence. For the first time, we now have a document that we can say was written by Zimbabweans and for Zimbabweans.
Amen and Alleluya – [HON. MEMBERS: Hear, hear.] -.
Mr. Speaker, there are two canons of Constitution making and if a Constitution is not made in that way, it does not pass the test of making a Constitution. The first one is what constitutional jurists call the legitimation component. Has this Constitution been made by the people? This is why if you look at Article 6 of the Global Political Agreement, the issue of public consultation is there in black and white. Who was to do the public consultation? It was the group of persons or individuals that could claim that we have some legitimacy from the people of Zimbabwe. That group of people is only Members of Parliament because they have been chosen by the people.
I say so because there has been a debate and a feeling in some individuals, that if I have got my own NGO, I am people driven. You might be wife driven or whatever but you are not people driven- [Laughter]. I am wife driven, so I speak from experience. I do not apologize for that. Parliament is the only organization in this country that can claim legitimacy and proximation with the people of Zimbabwe.
Therefore, it was important this process be people driven and the only group of people in this country who can claim to have resemblance and accountability are the Members of Parliament. Anyone who says it was not people driven, he is seeking to redefine the concept of peoplehood, the concept of legitimation, the concept of ownership. The process which we did from August 2009 to 2011 of public consultations, where over three million people gave references, - where the public consultations if you collate the books of material was important because a valid Constitution has to be made by the concept of legitimation. Can the people claim ownership to that?
If a document is not proximate to the people, it is problematic. This is why when we were negotiating in Nyanga, COPAC Head Office and some hotels we were going back to what the people said. That is important. The second aspect of constitution making is the negotiating aspect because the Constitution is a power document and the
Constitution is a balance sheet of the power forces that are existing in that particular country. If you consider the UDI Constitution, it shows the power of the minority. If you consider the Zimbabwe-Rhodesia Constitution, it shows the power of the minority but the blacks through the war were beginning to have some say.
If you consider the Lancaster House Constitution, the black man and woman now has more power than he had in 1978. I have been reading opening remarks of people like Lord Carrington and the late Joshua Nkomo at Lancaster House, their opening speeches, it was a power game. If you look at CODESA 1992, Kempton Park they had these two concepts. The one of legitimation and the South Africans defined a concept that would cover the concept of legitimation. The doctrine of sufficient consensus which meant the ANC and its allies agreed because ANC was indisputably the representative of the black people.
Here in Zimbabwe the issue of negotiation and power contestation was resolved by the intra party negotiation that took place. It is not enough to have the legitimation. There has to be the contestation and the negotiation. Whatever Constitution you are talking about be it American Constitution and Declaration of Independence of 1774, there were class and power interests, slave owners, non-slave owners, states that said we want to be independent and others that said we have to have a strong Federal State. It is the issue of contestation.
We have these two Cs in our Constitution. I believe with great respect that we have passed the test of constitution making. The third component which you need in making a Constitution is, do you have certain constitutional principles that bind you because you are not rewriting the Constitution? The principles of separation of power, oversight, accountability and independence - there were 35 principles that were developed by COPAC because you do not just write a Constitution in the bush. I am pleased to say they were there which is why we have this document.
I have spoken about three things, the first one is that this document is restoring the social contract, so it is dealing with our past. The second one is fulfilling the unfinished business of the liberation struggle. The third one is establishing a new paradigm shift for Zimbabwe. All constitutions are dealing with a certain mischief and they seek a departure from the past. The Constitution of South Africa of 1994 was a departure from an oppressive and repressive Apartheid past. It was a new paradigm from an ugly past of repression. The 1979 Constitution of Zimbabwe was a new paradigm from the past of repression and oppression into an era past of democracy, one-man one-vote, onewoman one-vote. The 1965 UDI Constitution was also a departure from a hazy situation where the Crown had some control to a situation where Ian Smith was now saying, “I am a self governing colony and I am not accountable to the United Kingdom”. All Constitutions are a departure from the past.
I am pleased to say that this Constitution is fundamentally a departure from our ugly past. I have already referred to that past. It is the past of violence, monopolization of power, privatization of power and the state, aggrandizement, patronage and neo patrimonialism, subjectivism, that what matters is the colour of your political card. Even that is not enough, which region do you come from. That is the past that we are seeking to run away from in this Constitution. This Constitution seeks to establish a new legal and constitutional order. I want to touch on four things that define that this is a new and irreversible order that is being created in this Constitution.
The first one relates to the provisions that I would call the value system. That values of this Constitution are found in the Preamble,
National Objectives and Founding Principles – [AN HON MEMBER:
You are now campaigning] – I am not campaigning. I am talking about what this Constitution means. I suggest you take notes on what I am saying. Those three chapters are underscoring, underpinning, codifying a new value system. If you look at the Preamble, it has one thing that has never existed in our body politic which is the concept of putting God in front. It is a new paradigm from the past which has been lacerated and arrested with lack of love, deficit of love and kwashiorkor of love. If you look at the Preamble Hon. Speaker, it speaks of recognising the need to entrench democracy, good transparent and accountable governance and the rule of law. That is a value system. If you go again to the Preamble, we resolve by the tenet of this Constitution to commit ourselves to build a united, just and prosperous nation founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work.
I love the phrase the “dignity of hard work”, because a lot of us here think that money can be obtained without hard work and without surplus. A lot of us here think that money can be rigged because of deals, corruption and so forth. If this Constitution says the dignity of hard work, it is making a departure, a paradigm from the current chaos of corruption, self aggrandisement and self enrichment.
- SPEAKER: Order, the member is left with five minutes.
THE MINISTER OF FINANCE: Thank you Hon. Speaker. I am
talking about values here. I have said there are three issues that define the values of this Constitution. If you look at the Founding Principles, they are about eight. supremacy of the Constitution; we have lived in a country for 33 years that has not known the Supremacy of the Constitution but the Supremacy of an individual. – [HON. MEMBERS: inaudible interjections] - So this Constitution, those that came before us from 1965 – 1979 knew the Supremacy of an individual called Ian Douglas Smith. So, this is a country that has been dominated by the supremacy of an individual and not the supremacy of the Constitution.
Another value Mr. Speaker is the rule of law, fundamental rights and freedom, and the nation’s diverse culture. I want to come to this; as the Founding Principle and there is no Constitution in the world which has this provision. It is a defining provision. I want to read it with your permission. “The principles of good governance which binds the state and all institutions and agencies of Government at every level include a multi-party democratic system, an electoral system based on the following: universal adult suffrage, free, fair and regular elections and adequate representation of the electorate.” Listen to this Hon. Speaker,
“the orderly transfer of power following elections”, - [HON. MEMEBRS: inaudible interjections] – So, as I said, you will not find this in any other Constitution. This is true and this is a departure from our murky, our ugly, our contested, our viral, our quagmiring past and this is key.
I want to come to another second thing which this Constitution does which is a paradigm and this is to have a permanent, clear, unambiguous, unequivocal definition of a Zimbabwean. The issue of citizenship, over the years Mr. Speaker, we have had the concept of citizenship and the definition of Zimbabwean citizenship being played along like pin ball or table tennis. One time you are a Zimbabwean, another time you are not a Zimbabwean.
[Time Limit]
An hon. member having passed between the Speaker and the member speaking.
- SPEAKER: Order. May I remind the hon. member that his time is up and may I also remind the hon. member who passed here that you bow down as you pass through the Speaker and get into the House.
- CHIBAYA: Mr. Speaker, I move that the hon. member’s
time be extended.
- KARENYI: I second.
THE MINISTER OF FINANCE: Mr. Speaker Sir, a country
needs to have a constant metrics of who is a citizen and that concept of citizenship must be defined in the most superior document of that land which is the Constitution. If you have a situation like we have codified in Section 5 or our current Constitution, that Parliament and anyone else can pass a law to define who has a Zimbabwean citizenship, you have got a disaster because you then have a continuously moving, a continuously evolving concept of citizenship and that is not proper.
Now, for the first time in the history of this country, we have got a permanent definition of citizenship. The first one is that you are a citizen of Zimbabwe by birth. If at the time you are born in Zimbabwe and one of your parents is a Zimbabwean or alternatively you are born out of Zimbabwe but one of your parents was on national duty, it is clear, it is unambiguous and it is unequivocal.
The second concept of Zimbabwean citizenship is that you are a Zimbabwean citizenship by descent, if your grand parent, your great grand parent was a Zimbabwean. So, even if you have got one molecule of blood of Zimbabwean blood in you and you are born out of Zimbabwe, you are a Zimbabwean citizen. If you are born out of Zimbabwe, you are a Zimbabwean citizen.
The third category is Zimbabwean by registration, whether you marry or you get married to a Zimbabwean and you stay here for ten years, you are a Zimbabwean. Most importantly, is that Zimbabwean citizen as it pertains to the so called aliens. If you are born here, whether your parents came from SADC countries and so forth, you are a Zimbabwean and a Zimbabwean by birth. If you are a Zimbabwean citizenship by birth, no law can take away your Zimbabwean citizenship by birth. You can have multiple citizenship of China, Timbuktu, Gibraltar, no law can take away your Zimbabwean citizenship and this is clear. If you are a citizen by descent or registration, a law may take away that citizenship but I want to see which Parliament will have the audacity of creating discrimination between citizenship by birth, citizenship by descent and citizenship by registration. You would have to be a fool to try and create this discrimination.
The fourth thing Hon. Speaker, I have mentioned two things so far, the definition of citizenship. Now I am talking about the Bill of Rights
Hon. Speaker. The Bill of Rights Hon. Speaker …
THE TEMPORARY SPEAKER: Order, Order, Hon. Bhasikiti-
Chuma Order!
THE MINISTER OF FINANCE: I want to restate Hon. Madam
Speaker. I want to restate out of an abundance of caution, the point I am making. The point I am making is that this Constitution is creating a new paradigm from our past. So I have pointed out the issue of our values, the citizenship and now I am pointing on the third issue which is a paradigm.
A Bill of Rights Madam Speaker, is the most important Chapter in a Constitution, for only in the Bill of Rights do you actually find the people. The modern Bill of Rights trace their history as way back as
1215AD where some Barons and Knights met a certain British King in a Forest called Run mate and said Mr. King we are tired of your power, we need to be protected against you. Some of the practices that were put in the Magna Carter were practices against taxation; practices against practices such as, if you marry your wife the king has the right of entrance on the first night. All those things were addressed at the Magna Carter. So this Bill of Rights Madam Speaker, for the last 33 years and I have practiced law under this most frustrating situation; a situation where you go to Court and you win a case – a Constitutional case and the minute you win the Constitutional case, the ZANU PF Parliament then moves a Constitutional Amendment to repeal the gains of the Constitution.
So we have had a Constitution Hon. Speaker; we have had a Bill of Rights that took with the left what it gave with the right. In other words, there were too much derogation from that. We have also had a Bill of Rights that has not been protected. It has been amended here by a 2/3 majority and also we have had a Bill of Rights that was very narrow. This is a very extensive Bill of Rights from social rights to individual rights and from primary rights to secondary rights. Most importantly Madam Speaker, this Bill of Rights, no one can willy-nilly amend it. To amend Chapter 16 you have to have 2/3 approval of Parliament and you have to go for a referendum. So I submit that the Bill of Rights is the third thing that reflects a paradigm shift from our past.
The fourth thing Hon. Speaker is the Executive. Mr. Speaker, I am a Constitutional lawyer myself. If you were to ask me to write one provision in an African Constitution that is more important than any other, it is the provision that limits the term of office of the Chief Executive Officer of the country. To have a situation that as has been the case across Africa, that some of our leaders behave as if they are hammered on to the Chair is not on, Hon. Speaker. So the most important thing that this Constitution has done is to ensure renewal of the State by ensuring that you go for an election. If people like you, they give you your five years.
THE TEMPORARY: Order, Order, Order, the Member’s time
has expired.
THE MINISTER OF DEFENCE: Madam Speaker, I rise to add my voice to colleagues who have spoken before me and in particular to the Minister of Constitutional and Parliamentary Affairs who has captured the entire process and roadmap which we walked both as political parties and as Government, as a country and as a nation to reach this day. The Minister ably articulated that process and I will be redundant if I repeated that process.
Secondly Hon. Speaker, we are sitting here as the legitimate legislative House of this country to make the laws of this country for the purpose of governing this country. Madam Speaker, the journey was not easy and I feel that we should congratulate ourselves. Not only on both sides of the House but also to the people of this country who have various backgrounds but at the end of the day, realising that after a bitter armed struggle, where sons and daughters of this country perished and were maimed, to liberate this country. Time came in 1979 when there was choice to continue to prosecute the war or avail ourselves to discuss the possibility of shading blood in order to come to the table and find a platform to produce a process that would give us independence.
At that particular juncture in history, we chose the possibility of achieving the goal of independence by going to Lancaster but of course it is on record that Lancaster gave us a window of opportunity to achieve two things: one, the cessation of the armed struggle and the ushering in of independence. The major grievance of that war which we fought and many of our people perished was the issue of land. So we made sure in 1979 that that issue be attended to.
I am glad to say on the issue of land, all political parties represented in this House as well as those outside are agreed that the land belongs to the people of Zimbabwe. I am also happy Madam Speaker that the Constitution that we are granting unto ourselves as people also takes cognisance of the fact that, land shall never again part from the people nor the people part from their land. So today Madam Speaker, I am so delighted that all of us are speaking with one language and one vision on the Constitution we are granting unto ourselves. The speed by which we should execute to do this job shows the commitment as to how we love the Constitution. I thank you.
THE DEPUTY MINISTER OF WOMEN’S AFFAIRS,
GENDER AND COMMUNITY DEVELOPMENT: Madam Speaker,
I am thankful for this opportunity that I have been afforded to add my voice to this historic debate, the Constitution of Zimbabwe Amendment
No. 20 Bill that will bring in a totally new dispensation into Zimbabwe.
I feel the weight of history and the great responsibility that has been placed on our shoulders, this 7th Parliament of the Republic of Zimbabwe. This is because, as has been said by speakers before me which I associate with, this day in the history of Zimbabwe is a day that will forever remain in the annals of Zimbabwean history. We are privileged to be members of this august House today and also even participating not only in this august House but also across the hills and valleys of Zimbabwe because indeed, the people of Zimbabwe themselves did have a say in the making of this charter.
Madam Speaker, allow me to quote from a speaker who once said,
“If you like sausages, you should never watch either being made “.
That was Otto von Bismarck, a Prussian Prince of the 19th century. Indeed, the process of making this Constitution, which is a law making process, might have been uglier because it was indeed the making of the supreme law of the land. Happily, it is most heartening to note that this process might have been ugly and indeed painful and took longer than it should have taken but it resulted in the prize. Maybe possibly more so, apart from the very wonderful provisions that it has, the very process might be the greatest process and the greatest thing that Zimbabweans have done after the 2008 elections, that is to conduct national healing. This process, even if it were meant not to yield this very good product, it did cause us Zimbabweans across the political divide to sit down, to work a way through, to set the rules of this process and indeed to go about together in the countryside sitting in teams, side by side and speaking to the people of Zimbabwe who saw for themselves that Zimbabweans are able to sit together and put their differences aside. I am really glad as a Zimbabwean that we achieved this process.
Madam Speaker, as a member of this 7th Parliament, I feel extremely privileged and extremely blessed to be part of this, also for the reason that the Constitution of Zimbabwe Amendment No. 20 does indeed usher in freedom to Zimbabwe. In 1980, our country attained its independence but, what is independence without freedom? One might say that it is more or less like a body without a soul. In 1980, the country and the nation did attain independence. In the Constitution of Zimbabwe Amendment (No. 20) Bill, the people of Zimbabwe are finally attaining freedom for themselves as people which together with the independence that we have, we can rise to stella heights as a great nation not only in Southern Africa but also of the world. I insist in saying that the Constitution of Zimbabwe Amendment (No. 20) Bill is ushering freedom because as has been said, it confirms a Declaration of Rights that is not only the envy of many a country in Africa but the world over. It is the broadest, deepest and the widest and the most expansive declaration of the rights and freedoms of Zimbabwe and beyond.
Madam Speaker, speaking as a woman, I am extremely heartened and feel the moment of history because in 1984 when the Legal Age of Majority was passed by this august House, I was thirteen years of age. The Legal Age of Majority Act was able to be passed because of the war of liberation that brought in independence. That was of particular significance to the women of Zimbabwe. Before this august House passed the Legal Age of Majority Act in 1984, black women like me were condemned to a life of perpetual minors. They could not open bank accounts; they could not vote alongside a men, they could not buy property. They were literally children in the eyes of the law but indeed, the independence that was ushered in 1980 allowed that process of truly liberating the African women to full freedom because the Legal Age of Majority Act was passed. Alas, that was not enough because as black women, we continued to live under a constitutional dispensation that denied us full equality of the person. Thanks to the liberation war and thanks to the Legal Age of Majority Act, we could now be adults in the eyes of the law but could still not live as full and equal citizens, it is a shame, 33 years after independence. I am glad that that shame is going to end very soon with the adoption of this draft Constitution. We do not have an equality clause in the Constitution that Zimbabwean women have been labouring under for the last 33 years. That same Constitution gives licence to discriminate against women including black women who are no longer minors.
Madam Speaker, it is most exhilarating and most note worthy that the Constitution of Zimbabwe Amendment (No. 20) Bill has an equality clause. The Women of Zimbabwe will be treated as full and equal citizens when this Bill passes. They will no longer be discriminated against in the name of custom, also in matters of personal law, that is marriage, divorce and inheritance, issues of children and also matters of the application of customary law. Domestic violence is unlawful as of now because this august House passed the Domestic Violence Act. It will be now also unconstitutional because this Declaration of Rights guarantees the right to the security of a person and protection from violence even from public and public sources. That is something that is worth celebrating. There are also economic, social and cultural rights that will allow the men and the women, but the women of Zimbabwe in particular to lead lives of a high standard particularly as we happen to be in a country with some of the highest rates of maternal mortality.
Madam Speaker, we sit in this august House today deliberating upon the Constitution of Zimbabwe Amendment (No. 20) Bill, by the time we finish the day today, 10 women of Zimbabwe will have died today giving birth.
I am heartened and encouraged to note that this draft will indeed guarantee Zimbabwean women the right to reproductive health and the right to heaìthcare in general and also even ushering in a gender sensitive national budgeting process. I am sure the women of Zimbabwe will qlso be heartened to know that Clause!298 requires that one of the principles of the management and public financing requires that public disbursement of funds shall be for the duvelopment of Zimbabwe. Not only that, that in additiof and I quote, “Special provision must be made for marginalized groups and areas.” Marginalised groups Madam Speaker, are iîdeed women and t`is is indeed lost exciting ás we bring changes betwe%n!the present Draft and the mne we have had before. It is most encouraging and uplifténg fos women and others that viïlence and political violence itself will be uncolsti|qtional. `This is mowt
wedcome.
Madam Speiker, I wish to aló/ proceed to emphAsise and allow also my voice to go in celebration of the freedoms that have been ushered by this Draft Constitution. Because indeed, it is said that “good years lead to the making of better ones, but bad ones bring worse laws.” I am most encouraged that once you pass Constitution Amendment No. 20, this august House will now be liberated from the shackles of having to pass unfree, unfair and unjust laws. Freedoms of expression and freedoms of association will flow like mighty rivers in Zimbabwe because this Parliament would never again be able to pass such heinous laws such as the restrictive measures in AIPPA, and the Public Order and Security Act. Those will be unconstitutional.
Madam Speaker, it is indeed true that as one famous writer once said, “woman throughout the ages has been mistress to the law as men ahas been its master. This was an educator called Freda Adler. Madam Speaker, Constitution Bill No. 20, will indeed totally put an end to this very sad chapter in the lives of the women and the men of Zimbabwe.
Freedoms have been opened to all of us. More so, it is extremely exciting and rewarding that these freedoms are guaranteed throughout the Draft Constitution which brings checks and balances. Indeed there is freedom for one to express themselves, and freedoms from sexual harassment and freedom of expression in dress and in fashion and in whatever sense, this is guaranteed to the women of Zimbabwe. I am encouraged by that.
Madam Speaker, it should be celebrated loud and with clarions and with trumpets that indeed we have departed from the present
Constitution where we have Section 27 that says that the President shall take precedence over all other persons to move to a dispensation where in Clause 89 the President is actually, instead, the person who has the key and chief responsibility to uphold, defend and obey, (and I underline the word “obey”) and respect the Constitution as the supreme law of the nation. This Madam Speaker, will indeed guarantee that the people of Zimbabwe, the men and the women, do enjoy checks and balances to the powers that may be.
Madam Speaker, allow me to end on a note that hopefully will encourage honourable members as well as all Zimbabweans that took part in this very auspicious process to remind ourselves that it is said that that, “the law will never make men and women free. It is men and women who have got to make the law free, this was by another famous philosopher called Henry David Thoreau. As we pass this historic Draft Bill, we must remember Madam Speaker that the work is only just beginning. This Draft, no matter how beautiful it may be, will never mean anything to Zimbabweans, will never mean anything in our lives as long as not only us legislators who are privileged to be here today, but also Zimbabweans across the country-side take ownership of it and demand that the promises that we have made to ourselves as
Zimbabweans in this Bill are fulfilled. It will only be our fault if we fail to utilise this to the yield.
I want to end by saying that if the people of Zimbabwe voted a thundering and resounding 93% in favour of the Draft, who would we be the humble servants Members of Parliament to refuse? I want to thank you for this opportunity.
THE MINISTER OF REGIONAL INTERGRATION AND
INTERNATIONAL COOPERATION: Thank you Madam Speaker. I
also stand up to speak on this historic day. I will not take too much time because I think my colleagues that were both in the Management Committee and in the Select Committee must have done a good job. I think it is important that one also adds their voice to this process.
Madam Speaker, I just want to perhaps emphasise two issues. As we celebrate this day, I think it is important that we look at two issues. The first issue is the process itself that got us where we are. The second one is the content. I think Madam Speaker, there is so much that has been said about the process. I think one thing that is lost to many Zimbabweans is that for the first time, this process allowed
Zimbabweans to sit under trees, in the bush and begin to speak and to map out what they wanted as a future for themselves. A child born today will have a completely different life from the life that any of us have had before. This is not as a result of anyone writing it for us, this is not as a result of someone from outside coming in and speaking to us, this is as a result of the Zimbabweans themselves sitting down and defining what is it they want for themselves. I think there are many countries that have not been given this opportunity.
Madam Speaker, this process comes out of a time where we had to negotiate as different political parties. Many countries haveng been so unfortunate that they have ended up in war, but Zimbabweans have refused to go to war and say it is possible for us to sit down and dialogue and come up with something that we are proud of. So, today this process brings to me, not only a Constitution, but it brings to me something that says I can proudly stand up as an African, I can proudly stand up as a Zimbabwean but most importantly, I can proudly stand up as a woman.
Madam Speaker, I think my colleagues did speak about the difficulties in the process, but today I want to celebrate the people that I do not usually celebrate, which are men. I sat as perhaps one woman in the Management Committee and many times I am asked how difficult it was to sit around the table with men because the assumption and what we have known of men normally is that they are a difficult species. Let me speak about these men that I sat around the table with. Much as they were difficult sometimes, much as they were led by ego but I think finally, even after you have had a hard day of fighting, whether it were the women in their lives that spoke to them or whether it was God that spoke to them, but it was always surprising that after a big fight, the very next day, you will find that they still want to sit down and make sure that they find a solution to the problems that we have had. That is the number one celebration.
The second celebration to these men is that when you look at all these provisions that we celebrate that are around women; it would have not been possible to get them. This is because whether we were in the Select Committee or in the Management Committee, the women were always in the minority; but we had these men sitting with us and agreeing. In some instances they were the ones who would have in fact proposed some of the most progressive clauses that we do have in the Constitution. [HON. MEMBERS: Hear, hear].
Like I said, this may be the last time I will speak well about them but I think it is important that the people of Zimbabwe get to know that this was not just a fight that women brought to the table. This was a fight that brought both genders onto the table because people understood that the women’s issues were not just women’s issues but they were issues of justice.
Having spoken around the issue of process, Madam Speaker, let me speak around the issue of content. Like I said, just a very few things are in there. Again, so many people do speak around the issue of this Constitution and I do not think will have an appreciation of how good this Constitution is. Many times, some of us, because we have to go and debate and also have to go and defend, we have had to literally go and google, look around and try to do a comparison of Constitutions; not just in Africa, Madam Speaker, but in the world. I can proudly and confidently stand here and say the Constitution of Zimbabwe is one of the best Constitutions in the world.
Let me explain why this Constitution is one of the best
Constitutions and why it is different from most of the Constitutions. Let us look at one issue which is the cornerstone of any Constitution. The one issue which you find in this Constitution is the one around the issues of Bill of Rights. When you look at most Constitutions in the world, the Bill of Rights are very limited. They are limited to issues of human rights but in this Constitution, the Bill of Rights comprised of the human rights issues, the socio issues and the economic issues. So I think we need to celebrate the fact that we probably are one country that has the best Constitution in terms of the issues around the Bill of Rights.
The second issue that is in our Constitution which needs to be celebrated is the whole issue of devolution. Madam Speaker, not all
Constitutions in the world are very clear around issues of devolution. Not only do we have devolution in the Constitution, but it is very clear what kind of devolution that we need. Not only is it just a principle that is found in that Constitution, but we proceeded and continued to define how that devolution would be implemented. I want to challenge a number of people to go back to try and look at the Constitutions that we have and see whether they have a Constitution that has such clarity around the issue of devolution.
The reason why devolution is revolutionary is that one of the biggest problems that we have had all over the world about how people exercise power is that power is usually centralised. Power is usually over people and not with people. The devolution that we defined in this Constitution is a devolution that gives power to people. It is a devolution that says for a woman who is in Chiendambuya, Tsholotsho or in Binga today, she is the one who decides where the borehole is going to be sunk. This is because she is the person who knows what is needed in that particular area and I think that is a celebration that we need to give.
The third one and which you can find in most Constitutions, but we celebrate it because we never had it before, is the whole issue around term limits. For the first time, we are going to have a situation where anybody who gets into power makes sure that at the end of the day, during the time that you are in power, you are in power and you will go away. We should never have a situation where anyone believes that they will be in power in perpetuity. So, I think we need to celebrate that particular aspect.
Madam Speaker, my colleague who has just left right now, Hon. Jessie Majome did spend a lot of time speaking around women; but I think as a feminist it would be wrong for me to leave this place without speaking also around issues that are for women. On the revolutionary part, you can look at all the Constitutions and find things that talk about equal rights for women. You can find issues that put women around issues in the Bill of rights but you rarely can find a Constitution that went as further as we did around issues of representation. Madam Speaker, we do have a Constitution today that forces political parties to make sure that when they are nominating or putting people on the list, they have to consider that the first person on that list is a woman. This is amazing and revolutionary.
In fact, that clause is one clause that would have gotten me to take off my shirt and dance on top of this table because it is an unbelievable clause – [HON. MEMBERS: Inaudible interjections] – I know vatete kufara ehe-e. I am not going to do it, I know. This is so amazing and unbelievable and I think that particular clause, we need to celebrate it. I know that we gave ourselves a particular period of time but I am sure that during that particular time we should have been able to empower women to then go in and run. Madam President, I know that some of the men that are screaming right now are part of those men who are making it difficult for women to run in some of these elections. Primary elections, right now are the worst for women. They are struggling and they are fighting to be able to survive. That is an indication of how it is problematic for women to be able to access some of these positions. So,
I think we need to celebrate those particular areas – [HON. MEMBERS:
Inaudible interjections] – Mukarega kurova amai ava, vanonzi ani vamakarova vaye vaye. Madam Speaker, I think it is critical and it is important that we celebrate this particular Constitution.
Finally, Madam Speaker, again to just follow through the words that my colleague has said, a Constitution is like a piece of paper. A
Constitution is just like a marriage certificate. You stand up and say, “I do, till death do us part”. We will be together in sickness and in health but many are left in that sickness and health when people have declared. I am saying even as we have this piece of paper, it will take the political commitment and the political will to be able to make sure that we are able to implement the ideals and values that we have set for our people in this Constitution. It does not take any other person but it takes those people that are sitting in this very House to be able to make it a reality for the people of Zimbabwe.
Like I said, let us celebrate, let us pray and just say God has been good to us because today, we are able to put something out there for people and a legacy that will follow us throughout our lives. I thank you
Madam Speaker.
- MADZIMURE: Thank you Madam Speaker. I am also
privileged to be in this House today where the people of Zimbabwe are looking back at what they have done for themselves and be able to say a few things.
Madam Speaker, a Constitution is a very important piece of document that every country should have and celebrate on. Like what other speakers who have spoken before me have said, it is to do with how people will respect their Constitution that makes it a good Constitution. Madam Speaker, we really need serious commitment to this document. We really need to understand what a Constitution means to us and we need political will to make sure that this Constitution is observed.
I have got a few issues that I would want to raise Madam Speaker. Of particular concern to me is Chapter 12 that has to deal with the independent commissions. Madam Speaker, on Chapter 12 we have a list of independent commissions and on Chapter13, we have the provision that creates the Anti-Corruption Commission.
Madam Speaker, I am baffled because a number of sections in
Chapter 12 apply to Chapter 13 that enables the establishment of the
Anti-Corruption Commission. But, you find Madam Speaker, that the Anti-Corruption Commission has not been listed as an independent commission. That commission is one of the most important commissions that can ensure that we preserve good governance. Madam Speaker, all the other sections that have to do with the appointment, the establishment, also to do with the issue of recruitment of the commissioners, the retirement of commissioners or how they are removed from office, are the same as other commissions.
So, my question is why did we not make an independent commission? That Commission is one of the most important because the biggest threat we now have here in Africa which impedes our development is corruption. Therefore, I strongly feel that, that commission should have been made an independent commission.
I also want to speak on Chapter 15 which is to do with the traditional leaders. Madam Speaker, this Constitution has done us well because as Zimbabweans, we were running into a danger where we were slowly starting to politicise the system of our traditional leadership to an extent where it was becoming very difficult for any Zimbabwean to have a safe place to live. So, it is important that the Constitution now$deals specifically wIth the functions of our traditional leaders. !It is going to preserve our chieftainship status and also ald the other stfuctures that follo7 below the chief. It is impoztant and I thank the people of Zimbabwe who contributed towards the making of t`at párticular Constitution.
LAstly Madam Spe!ker, I want to deal w`th the Cill of Rights. If as Zimbabweans, we are going to abide by this Constitution, what we have0as our Bill of Rights is one of the best. We look at how the people’s rxghts were being trample` upon, how our people were being arrested and being tortur%d.0 I think because of this Co.stitution, the p%ople of Zimbabwe are going to be treated wath dignity.
The`institutions that are there to protEct the rights of the peop|e will take a good leaf from the Constitution and make sure that the people of Zimbabwe are well protected. I thank you.
- T. KHUMALO: Thank you Madam Speaker. I would also
want to add my voice to the previous speakers on this child that we have given birth to.
One thing that we all know is that when one gives birth to a child, that child does not know anything. They do not know how to fight; they do not know what is called a fight. They do not know how to swear at people or how to steal. Those kids are then trained by the adults to commit whatever good or bad that they are meant to. Madam Speaker, when we went to the liberation struggle, one of our mottos was, we are our own liberators.
When we all went to war, that is what we were told – we are our own liberators. We liberated ourselves but we forgot to free ourselves. We are talking of establishing a new paradigm shift. Old habits die very hard and I sincerely hope that as a country, this Constitution, this child that we have given birth to, we will implement it in letter and spirit.
Sadly Madam Speaker, what we need to look at now is, what are we to depart from in order for us to implement this Constitution in letter and spirit? In the same Constitution, we are talking of the promotion of the public awareness of this Constitution to every Zimbabwean. I think the time is neigh that each and everybody in this country takes it upon himself or herself to make sure that every Zimbabwean knows this Constitution from the first page to the last page. It will then be very easy for us to be challenged for the violation of this Constitution. As long as people are not aware of what the contents of this document are, it might be very difficult because we have learnt to lie to people in order for them to follow us.
Madam Speaker, talking of citizens, we have national objectives in this Constitution where we are talking of peace and stability. Sadly Madam Speaker, here in this august House yesterday, I want to believe that at Cabinet they met and agreed on what was supposed to have been done yesterday. But, sadly when we watched ZBC last night, we were already squabbling where one Minister is saying something else, the
next Minister is saying something else but they were all in the same Cabinet. That alone then confirms to say we are lacking the political maturity that is needed for us to implement this document in letter and spirit. But, I pray because God is now in our Constitution. So, those that go to masowe, vanhu vamwari handei kumasowe because we need a miracle for us to respect our own laws.
The same Constitution speaks about the work and the labour relations. In this country every worker has been turned into a flea market or a flea. Unemployment rate, the figures differ every time depending on what paper you read. Some are claiming the unemployment rate is sitting at 90%, others are claiming it is sitting at 70% but the Constitution is now, telling everybody that is unemployed that as soon as we adopt this Constitution, the issue of unemployment will be a thing of the past.
We need to look also at the living wage. As we speak Mr. Speaker Sir, the money that everybody is earning at this point in time is not taking them home but it is taking them to their graves.
Again, we want to commend this Constitution because now there is a right for people to demonstrate and handover petitions. As we speak, we are being haunted by laws which I totally believe are ultra vires to the supreme document. The POSAs of Zimbabwe and the AIPPAs of Zimbabwe, the Criminal Codifications of Zimbabwe, and I think the time has come that these laws respect the supreme document.
On education, there are some of us that are in this august House who are beneficiaries of the funding that came from this, our own kids are failing to achieve that because as parents we are unable to pay the school fees. I am glad and I feel humbled that this Constitution is now guaranteeing that education from primary right up to tertiary.
On legal aid, these are the things that I looked at Mr. Speaker, from the beginning that what is it that we need to depart from in order to implement this Constitution. In this country, we are all guilty and we are proven innocent when we appear in court and incarcerated at remand prison. And, this Constitution is now guaranteeing legal aid. There are some people who have been rotting in jail for years just because that individual could not afford a lawyer. It meant to say those that are poor and cannot afford lawyers, they will rot in jail for the rest of their lives and that is going to come to an end. We have women that have been married, whether customary or 5.11, who have lost properties and they are unable to claim them because they did not have the money to engage lawyers but this time that is guaranteed in the Constitution.
Preservation of Traditional Knowledge; I want to remember our grandfathers were able to treat epilepsy using herbs. Today, doctors have failed to treat epilepsy but they control it. That information, I want to believe, went with our grandparents. If at all they shared with us, some of us have forgotten because we thought it was not a style to be seen to be a herbalist because we are now professors and engineers but that, they managed to treat and the Constitution is now guaranting that. I hope those of us that were humbled enough to listen to our grandparents will be able to share that.
The Right to Shelter; Operation Murambatsvina de-stabilised
Zimbabweans to untold suffering. We were all promised Operation Garikai/Hlalani Kuhle, to this date no one has benefitted but the Constitution is now guaranteeing that and I sincerely hope that there will be no Zimbabwean that is not accommodated.
Talking of Citizenship; we have called aliens names that undignified them, mabwidi but these same people, today we are boasting as Zimbabwe, of a beautiful railway line that was built by those people. Those people were in our farms feeding Zimbabweans but these people today are called mabwidi and are denied the right to go and vote. I am happy that the Constitution is now guaranteeing that they are now Zimbabweans. It is so unfair today that as Zimbabwe we are throwing them away because they are now old and useless and uneducated as we claim them to have been. They have given birth to Zimbabwean kids who are, as I speak now, some of them are stateless because they were given birth to amabwidi.
I sincerely hope that this idea that an alien must go to a mobile voting station, produce a long birth certificate that states that either of his/her parents was a Zimbabwean so that they must be upgraded to be a Zimbabwean, to me I think it is adding salt to injury. To me, that is xenophobia that is taking place in South Africa. I expected that the mere fact that that alien has got an I.D that states that they are alien, all what we need to do is change from Nokia to Samsung. Take the alien, give them the Zimbabwean I.D and let him go on as far as I am concerned.
The Declaration of Rights; the Fundamental Human Rights and Freedoms; in this country you are proven guilty before you have been taken to court. The Constitution is now guaranteeing that people will not be detained without trial. We have comrades that are rotting at Remand Prison for the past two years. The courts are failing to find them guilty or innocent. Comrades, those of you that are going to visit them, tell them that the moment we adopt this Constitution, their days of incarceration are over.
Right of the Arrested and Detained; you know you get arrested and you get to law and order, you are asked to take off your shoes and blah, blah. The next thing you are told you have no rights anymore. A lawyer comes looking for you and that lawyer is told, aa-a no, no, the people that you are looking for are not here when she knows that you are there and they do not even know where you are detained.
Sadly, the lawyer knowing that Tabitha is there, demands to see me and the lawyer is detained. Those are the things that we need to change if we want to implement this Constitution. You are forced to admit to be guilty when you are not. How do they force you? Pane imwe inonzi pasi petsoka, baya kukharabha ngesiNdebele. They will beat the hell out of you that by the time they are through with you, you will accept that crime even if you did not commit it. That will come to an end because this Constitution is saying no to that.
Human Dignity; in this country in 2000, we were denied our dignity as women of Zimbabwe – [AN HON MEMBER: Usuqalisile] – . Aiwa, that must be said because we are saying what are we departing from. You know, issues of women when they are spoken in public, in Parliament and in decision making offices, men will always say, ah izinto zabafazi. Ah, usucwalisile. Handisati ndatanga. Mr. Speaker, I will be a woman and I cannot change to be a man. There are some issues of dignity that as a country we need to respect because you dignify a woman, you dignify a country. You dignify a woman, you dignify the world. I am glad to know that as women we are now covered.
We also have the Criminal Codification Act, Section 8.11 that states that the police have a right to arrest any woman that walks the streets at night because it is perceived they are soliciting for prostitution purposes. Surely, are we now saying every woman in this country is doing that? I now believe that the Constitution will throw that away.
Freedom from Torture; I saw a picture of one woman that went to look for her clients and she was beaten up until she was blue-black. The Constitution is now denying that. Let us remember and let us depart from the issue of beating up people that we perceive do not agree with what we do and punish them because the new Constitution is saying no
to that.
Freedom of Assembly and Association; some people are being forced to attend pungwes because they are in a constituency that belongs to a party that they do not belong to. The Constitution is saying no, everybody has got a right to associate and attend a meeting of their choice and a party of their choice. Let us depart from the issue of forcing people to attend meetings that they do not want.
Demonstration in this country meant to say you will be faced by two things, a prison or a hospital. That is going to be a thing of the past because now we can demonstrate and handover petitions as per the Constitution that we are going to adopt.
Coming to the issue of Access to Information, I have been sitting here and I saw the camera guys sticking to one side. You will see the camera zooming Makhosini Hlongwane, zooming Didymus Mutasa and
when it comes to this side, it just speeds and I think you switch it off. We are saying that must stop. I want to bet every Member of Parliament that is in this august House, go and watch the 8 o’clock news tonight and see the disaster that will come out of this Parliament. We are saying the new Constitution says I have the right to information. It is not an obligation, it is a right.
Stop airing things where some of us, surely we cannot all be farmers and surely we cannot all be aligned to one party. Let people hear every party so that each and every one of us can make a decision on where to go and where not to go. We are being bombarded by propaganda day-in and day-out and the same people that are giving us that propaganda are coming back to our homes and demanding licences.
What licence when you are feeding me poison. That must stop.
Security Services; security personnel, let me reiterate what my other colleagues said, they are not supposed to act in a partisan manner. They are working for Zimbabwean people. They are paid by the taxes that are paid by each and every Zimbabwean in this country. Their employers are the people of Zimbabwe. They should not act in a partisan manner. Furthermore, they should not support a certain political party and when another political party comes, all hell breaks loose. They must remember and underline that their salaries are coming from our taxes. Each and every Zimbabwean that pays VAT is paying the security forces, be it the army, prisons, CIO, you name it. It is my salary and I will set the pace on how they are supposed to work, not them setting the pace because they are earning my money. Lastly, Mr. Speaker they must not violate the fundamental rights and freedoms of any person in this country. They must respect each and every Zimbabwean because that Zimbabwean is their employer and I think as Zimbabweans one thing that we need to change is what we call the “chef” syndrome. Mr. Speaker, I have googled and googled, the word chef means somebody that cooks muhotera. There is no one called a chef, because we are here because we were voted for by the people and the owners of this House are the people and we must deliver to them.
I want to end up by talking about devolution. We are glad to know that the Constitution now says my cousin in Zaligwa there in Nkayi, if she gives birth to a child in a clinic, she will walk out of there with a birth certificate. Gone are the days when we were supposed to travel from Zaligwa to Lupane, from Lupane to Bulawayo, from Bulawayo to Harare just because we did not have a birth certificate. Those are going to be things of the past but what is important is that we need to change maitiro edu kuitira kuti bumbiro rifambe. Nxa singa guqulanga izenzo zethu ilesisikelelesi sizaba iphepha elilotshiweyo.
Mr. Speaker go global, in every decision making organization there is a Zimbabwean, be it a scientist, UN, RMS, ABSA Bank or the Global Stock Exchange, there is a Zimbabwean there. We are the most educated people but for some unknown reason we are very good at writing papers, beautiful papers. We wrote a Global Political Agreement; a masterpiece, but one of our weakest links is the implementation of the documents that we write, where we assent our own signatures because we preach peace and practice war. Mr. Speaker Sir, I thank you.
- S. NCUBE: Thank you Mr. Speaker Sir, firstly I would like to thank the Minister of Constitution and Parliamentary Affairs for bringing this Amendment No. 20. I would like to thank the three co chairpersons, Hon. Mangwana, Hon. Mwonzora and Hon. Mkhosi for giving us the guidance on how to come up with this Constitution. I will only talk about the languages but before I go to the languages I would like to challenge people who think that when we were campaigning for a yes vote, we were opposed to this.
If you want to oppose what the majority want, like the three parties who are in this Global Political Agreement, they agreed that it is time up, let us come up with our Constitution, then there are people who think that they were born to come up with the Constitution. They must have MPs in this august House so that their plans will sail through but if they do not have the members of Parliament then they do not have the mandate from the people. We have the mandate from the people because we were elected and that is why we are driving this Constitution.
I would like to say to the Minister of Constitutional and Parliamentary Affairs and the three co chairpersons, that what we have done here, a lot of countries will be phoning you for some advice on how you went about this and how you did this and in the next, maybe one or two years, you end up leaving the Parliament building to work as a consultant for other countries because of what you have done. It is not easy for three political parties to come together. Of course there are quarrels here and there, even if your opponent comes up with a good idea, you are supposed to oppose it because your political party will say why did you support him. It was difficult although, hon. Minister, you ended up introducing the management, which in this House we did not agree to. It was straight from the Minister of Constitutional and
Parliamentary Affairs and co chairpersons and then straight to the Principals but you ended up adding another structure, which I will not dwell much upon.
Mr. Speaker Sir, there is the issue of languages with this new Constitution. It allows someone in Binga to speak in their language. I think it gives us the opportunity that when you go to Binga and you go to a hospital, you expect to see a nurse who speaks Tonga. When you go to Beitbridge we need to see people there who speak Venda, so that we know that we are in their area. With the issue of this controversial council, it gives us that advantage and for someone to oppose; of course, we cannot come up with a 100% document but we have tried our best under these difficult conditions.
Mr. Speaker Sir, with this Constitution, especially the women in Zimbabwe, I think they must support it 100% because it favours women but we were believing in 50/50 but now I think it is 40/60. We will give them that, I think, for the next ten years, so that we see that the women are equal to men but they must not also take advantage of that and then start abusing men. There are other countries here in Africa where there was war and now there are more female MPs than male MPs, for example Rwanda. Here in Zimbabwe we did not want to go to war, it was there in the 70s and it was over.
Mr. Speaker Sir, now everyone is free with this Constitution to speak Shona, Ndebele, Kalanga, all those languages, and not say I do not understand your language. When I am in Harare I must understand the language in Harare, when I am in Mutare I must understand their language and when I am in Chipinge I must understand their language.
That is what the Constitution says, not to say they are a minority because they are Ndau people. No, they are a majority because they are in their area. I think with this new Constitution, it allows them to be the majority there. Why do you want to dominate other people? We had the struggle because the whites were dominating us. We do not want to see under this Constitution another tribe trying to dominate other people, whether we call it regionalism or whatever, we do not expect it in this Constitution.
Coming to the issue of term limits, members of Parliament are a bit clever because we had Hon. Mangwana and our Minister of Constitutional and Parliamentary Affairs; they managed to jump the term limit of Members of Parliament, they only limited to the judges and the President. I think, for a change, Mr. Speaker Sir, there was supposed to be a limit. We believe in democracy but nevertheless we have agreed that we will just leave it open so that the people will judge us. The concept is that people cannot judge a Member of Parliament because a Member of Parliament is not an executive, they do not have a budget.
He cannot do anything besides to come to Parliament here and make
laws and do the oversight role. That is the other thing which we need to explain to the people. We must not go around and promise people that we will build dams and so on as Members of Parliament. Our job is different; we need to tell them the truth. We have the new Constitution which states the duties of the Members of Parliament. I would like to thank you Mr. Speaker Sir, for affording me this opportunity.
- HLONGWANE: Thank you Mr. Speaker for affording me
the opportunity to contribute to this very historical debate on the new Constitution. I just want to start by making reference as other speakers before me have done. I will begin with the path that we have walked in order to arrive to this day, the drama that became part of the
Constitution-making-process. During the First All-Stakeholders- Meeting, I was chairing the Media Committee and I remember that colleagues in the MDC-T changed their Chairperson three times. That was before we finally got into the deliberations and discussions that were meant for that day in order to put together the basic framework that was going to be used for the discussions or the deliberations during the COPAC outreach programme. We also famously recall that during the
First All-Stakeholders’ Conference, Comrade Chinotimba lost his phone. It is worth noting that, that kind of drama was part of the Constitutionmaking-process and is something that we are not going to forget. [AN HON. MEMBER:Asi noise ndiyo yawakanganwa] – I am addressing the Speaker hon. member.
It is also important Mr. Speaker, to recall that some amongst us wanted to depart from the collated views by the people during the COPAC outreach programme. What the people said was very clear, but some among us wanted to depart from what the people had said. I recall, as you might do, that there was quite some sustained national debate and conversation around that. That as it may, today is a very historical moment for us as Zimbabweans. As Members of Parliament, we were cheered and buoyed by what has happened as a result of the effort of every Zimbabwean to bring together their thoughts in what has to become the supreme law of the land. We are happy because today we are discussing a Constitution that is made by Zimbabweans and for Zimbabweans. We are happy because of the diversities in our various languages, cultures and political differences. We have been able to come together to bring about this important document that we call the Constitution of Zimbabwe.
Today, in a symbolic sense, the second Union Jack is coming down in the continuation of the liberation struggle of our country. For a long time, for 32 years, we have been hamstrung by a Constitution that was made in Britain, which was basically a compromise document arrived at in order to stop the war, seize the fire and conciliate the various contradicting political opinions of that time. Today, we are liberating ourselves completely and disconnecting ourselves from the intravenous connections that were brought upon us by the Lancaster House Constitution. We are beginning a journey in which we are going to walk by ourselves, governing ourselves fully in terms of the legal regime and legal apparatus that binds us within our jurisdiction.
Let me walk through a few important points that I just want to highlight within the Constitution. The first is the Preamble, which states the acknowledgement of Zimbabwe’s ability to resist colonialism, racism and all forms of domination and oppression. The idea of liberating oneself or liberating a country like Zimbabwe is clearly a continuous process. It started way back at the beginning of the last century when our ancestors took up arms to fight the British South African Company in resistance to the annexation of their land by Cecil Rhodes and his cronies.
The Second Chimurenga war was a war led by the current veterans of the struggle who decided to take up arms to liberate themselves from the yoke of colonialism. That is what then resulted in the Lancaster House Constitution that we now have. However, liberation is a continuous process and we have to liberate a lot of various facets of our life and society, one of which is land. As you may know, since 2000, Zimbabwe has been engaged in a very important historical activity of reclaiming its land, which was the reason why our ancestors in the late 1800 fought hard against colonialism and domination by the Settler
Regime in order to reclaim the sovereignty of their land. We have realised that, by the continued liberation ethos that was demonstrated by Zimbabweans in 2000, in this mark of the century in order to reclaim our land – the dividend that comes out of that is for everyone to see that the Land Reform Programme was a worthwhile activity. We are happy that the Constitution does endorse the Land Reform Programme in Chapter 16 which I am going to make reference to later on as I continue.
Mr. Speaker Sir, it is important in this Preamble that Zimbabweans agree and have consensus to the fact that, we have to continue to resist domination by anybody. We are a sovereign nation and we have to continue to resist any form of oppression and subjugation by anybody and it is important that it is highlighted within the Preamble. The other point is the commitment to safeguard and defend fundamental human rights and freedoms. During the war, there are laws that have to be obeyed and you know very well that during the liberation struggle, a lot of Zimbabwean sons and daughters who participated were bombed in Chimoio, Nyadzonia, Zambia, Tembwe, Tanzania and various stations where they were deployed. A lot of them died enmasse and there are mass graves in those places and other places in Southern Africa. That was a serious violation of human rights. You also know that during the Apartheid fight of Ian Smith, we were unable to exercise certain rights as human beings. What this Constitution does in the Preamble is to entrench that commitment to continued freedom and fundamental human rights. It is very important that Zimbabweans are able to agree on this very important thing.
The Preamble also speaks of acknowledging the supremacy of Almighty God. This is very important because as Zimbabweans, we are able to agree on the importance of the supremacy of Almighty God. We are able to pray for our country, seek wisdom and guidance from Almighty God in everything that we do. This is a very important factor in our Constitution. The issue of languages within the founding provisions is also very important. I will not belabour the point because every speaker has spoken about this but it is a very important point that we are now able to bring all the languages to the same level to become national languages, regardless of the size of population of the people that do speak that particular language. These languages are now recognised, which means that they are now going to be able to be learnt in schools. We are also going to be able to debate in this House, in courts and every other public place using the various languages that people are able to understand.
It is also important Mr. Speaker, going on with the Constitution, on the national objectives that we recognise the role played by veterans of the liberation struggle. It is very important; especially the fact that we now broaden the definition of what a war veteran is to include wana chimbwido, wana mujiba and others that did participate in the struggle to liberate our country. This is important because for a long time we have not really paid enough attention to the role played by these cadres except for the pay outs that those that actually participated by way of firing the guns receive. We left out a whole broader definition of who a liberator could be and I am glad that in this new Constitution this is taken care of. The role played by the veterans of the liberation struggle and the fact
that we include other people that had been left out of the bracket of liberation veterans.
I want to finish by looking at Chapter 16, which is very important for this country. Mr. Speaker, we all know that all the wars that have been fought in Zimbabwe have been around the issue of Chapter 16, the issue of land. These wars were around how do we liberate our land, how do we reclaim the sovereignty of our land, how do we give freedom to our land? This was at the centre of the second liberation war and this was at the centre of the first liberation war of the late 1800.
I want to make reference to Section 289 which says land reform is necessary to redress the unjust and unfair pattern of land ownership that resulted from colonialism. This is very important that as Zimbabweans we can agree on this fundamental fact that colonialism did not only mean subjugation. From a political point of view, colonialism also meant disempowerment in the sense that Zimbabweans were removed from their fertile land. They were taken away from vast tracts of fertile land and this was parceled and shared amongst the settler regime.
What Chapter 16 does is to restore that ownership by
Zimbabweans to their land and this is very important. Not only that; it is also important in the sense that Chapter 16 is one of the Chapters like the Bill of rights in Chapter 4. One would need two-thirds majority and a referendum inorder to change what is contained in Chapter 16. I want to speak on the last issue as far as land is concerned and this is a warning.
Section 291 states that the rights of people using or occupying agricultural land are not affected by the new Constitution. The general fear among all patriotic Zimbabweans has been that the new Constitution will affect negatively the dividends of the land reform programme. There was a projection in the negative sense that whatever will happen during the land reform programme, the parceling out of land back to its rightful owners was going to be reversed by the new Constitution. What this section does is to protect the gains of the land reform programme. In other words, we cannot change the status quo in any way.
Section 294 is a warning. An owner who occupies agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land subject to any condition imposed by law. We risk Mr. Speaker to reverse the land reform programme if we come up with a land tenure system which will result in a disempowerment process or in a disempowerment of those that have been empowered by way of gaining from the land reform programme. We need to enact a law that introduces a land tenure system that further protects the gains of the liberation struggle, not a land tenure system that will disempower the people of Zimbabwe. Otherwise this is a good document, it is important that we must all celebrate its coming to being. I thank you.
- E. MUDZURI: Thank you Mr. Speaker. I really want to congratulate all Zimbabweans, congratulate the COPAC Committees, the Parliament and everybody who contributed to end up with this document. However, from what I have listened, everything has been touched on which praises the law. The law can only be good if all nationals who come to leadership follow the law and please the community they serve. A nationalist is one who defends his people through the law that is provided and I hope we will not have personalities who defy the same law we have created today.
I want to touch on the area where I think the legislature must work hard before we even move far. This is the area of local government. The law has changed; there is now creation of councils, that is, provincial councils where MPs are going to be part of the provincial councils headed by a chairperson other than a Governor. There is need to have definitive laws that guide this decentralised venture. We need to study what is happening elsewhere to ensure that we are not going to get lost and give people power who are not going to work properly.
Also, we must ensure that no one takes away the devolution process which has been created through the introduction of these provincial councils. Everything has been defined that the law will be provided through this august House. I am not sure whether we have enough time Mr. Speaker to introduce the relevant laws that will touch on the devolution aspect. Otherwise we can talk about all the other things that have been said. I want to congratulate all the speakers for praising this Constitution. We must work on it. It only takes virtuous people to applaud their own country and raise their flag high when they are respected in their own country. When we do that, we shall be proud of this Constitution and move together as Zimbabweans. I thank you.
- HOVE: Thank you Mr. Speaker. Firstly I would like to appreciate and acknowledge the efforts of all Zimbabweans who contributed towards the crafting of this very important document, the Constitution of Zimbabwe. It was not an easy task, nevertheless, when you look at the final product; it is a reflection of the quality and resilience and capacity of Zimbabweans to deliver themselves from every negative situation they find themselves in. Indeed, as Zimbabweans, we have put our detractors to shame. The process was very long and arduous.
I recall I was assigned in Mashonaland West Province. We did traverse Mashonaland West Province right from Harare to the shores of Kariba. The process accorded Zimbabweans an opportunity which I want history to take note. It was the first national healing programme. It afforded Zimbabweans, irrespective of political persuasions or beliefs, an opportunity to interact reflecting the different opinions over the same subject. It did afford us the opportunity of speaking to Zimbabweans from our various political backgrounds, that in itself history has to take note. It gave us an opportunity which we need to build upon as we move forward. The process as well required Zimbabweans to gather at places unseemingly for a national discourse. I know one earlier speaker said it allowed Zimbabweans to sit under trees, on farm fields just to lay the framework on how this country is to be governed. When I look at the numbers of people who attended those meetings, it shows a reflection of how important this Constitution making process was viewed. We need to appreciate and acknowledge Zimbabweans in their generality over the positive contributions that they made by attending such meetings, notwithstanding the positive contributions. I also recall the negative contributions some sections of Zimbabwe made. I remember there were incidences whereby people would want to stop people they were claiming not to know from speaking their views because they thought they had no right to speak or to have their voices heard.
Nevertheless, we soldiered on and we captured every statement that was coming from every Zimbabwean whether we knew them or do not know them. I also appreciate the ones who gave their resources even if they were getting financial rewards. Some gave their cars and equipment to facilitate in the gathering of views. We need to thank our hoteliers though at times they were locking us out for providing us with accommodation during those difficult times. We need to acknowledge the ones who fed us, some of the areas that we went to, some of us never set foot in those areas. I want to thank all those Zimbabweans who contributed extensively and diligently to this cause.
I will now come to the content. It showed the richness of the diversity of Zimbabweans which we need to celebrate. I recall in instances where we were dealing with a chapter on citizenship. There were indeed people who wanted to show their “patriotism” who thought the exercise sought to disenfranchise certain people of certain beliefs, people they perceived as threats to what they believed, such as denying people dual citizenship. I recall some heated arguments, some saying that they do not want dual citizenship, as if the provision will force every Zimbabwean to have a dual citizenship. I want to appreciate the drafters who threw away such statements, people who were being denied dual citizenship.
Dual citizenship is of importance to Zimbabweans who are in diaspora, they want the benefits or to have better benefits in the foreign lands they are working in. Surely we would not want to deny Zimbabweans the best opportunities there. I want to acknowledge the issue of dual citizenship in Chapter 3.
The other important milestone in terms of context that I want to touch on is the Declaration of Rights Chapter 4. It is very important because for the first time in the history of this country, we have in the supreme law, a chapter that gives importance, respect, honour and some integrity to a common man. Every law that is going to come, if it touches on any of those rights, that law is declared to be void. It is not justiceable. It needs to be amended or repealed altogether. It opens a plethora of opportunities for Zimbabweans to excel in their social endeavors, such as the freedom of association and assembly. If the freedom of association and assembly produced this document we are having before us today, what more can you expect from future gatherings that this Constitution will permit.
I look forward to living in an era whereby I no longer have to ask any authority to gather or associate. I look forward to era an whereby I have access to information that I want to hear. I remember during the outreach programme whereby someone would say I want Studio 7 to be banned, as if by mere switching on of your personal radio, Studio 7 turns itself on. For one to access Studio 7, you ought to have left other stations that are being broadcasted on your radio station. For someone to desire the banning of Studio 7, is like saying we do not want the technological advancement that has taken place up until now. There are many radio stations. You are not forced to listen to Studio 7. Why are you zeroing in on Studio 7? Access to Information is commendable.
The other important point I want to bring at this juncture is the issue of devolution, I know there are certain interests that wanted to misconstrue what devolution stood for. Devolution did not stand for the breaking up or partitioning of Zimbabwe as a unitary State. It came quite clear despite the coaching that some political persuasions wanted to coach people to say, but when we later on heard people speak from their hearts especially the issue to do with natural resources, you would hear quite clear, voices irrespective of which part of Zimbabwe you were in. People would say we want a portion of our natural resources to be used in developing our own areas rather than have it all go to one area. Such a clamoring should be applauded in that people want also to receive benefits from their natural resources to develop their own areas as well. So I find this Constitution quite progressive in as far as granting devolution its constitutional status, notwithstanding the choice of leaders who will be superintending issues of development in the area they have been elected to represent. The coming in of provincial and local authorities, will again bring to the fore the issue that some of us have sought to delay, the issue of the amendment of the Urban Councils Act, like what Hon. Mudzuri who spoke before me stated.
The other points in terms of content I want to bring to the fore are issues to do with qualifications of voters in the Forth schedule. It is important to have such section included in the Constitution to ensure that if someone dream of introducing a law that seeks to disfranchise Zimbabweans from enjoying his/her suffrage right. I can take that person or authority or that Act to court and have it declared null and void. Lastly, I want to say the passing of this Constitution of Zimbabwe Bill sets us some future business which I will term the way forward.
The passing of this new Constitution demands that those legal reforms that were supposed to have been enacted during the life of the Government of National Unity, that we had deliberately omitted, now have to be done as a matter of urgency. We need those legal reforms. I would have preferred those legal reforms to be carried out before 29th June 2013 so that we are delivering a complete composite set of laws that would propel this country to join other respectable nations. We need those electoral reforms, media reforms, security sector reforms to ensure that they come into line with the new Constitution and to ensure that we do not clog our court system with legal challenges.
I foresee disaster if we continue with the current laws without bringing in other amendments or repealing those Acts. I want to ask the Minister of Constitutional and Parliamentary Affairs to bring in as a matter of urgency, legal reforms in most areas so that we bring in those Acts in line with this new Constitution in order to enjoy the benefits of this new law otherwise it will remain a pipe dream because it will always be in confrontation with certain laws that are currently in existence.
With these few remarks I want to thank you for the opportunity to add my voice in the making of history of a new Zimbabwe.
MS MANGAMI: I also want to add my voice in congratulating Zimbabweans for the product which is before us. We went through a rigorous process and everybody participated. When we started, one would think that we were not going to come to an end because there was a lot of noise in the beginning and later on, people converged to actually agree on a process to continue and for a product to be realized. Now, we are having a Constitution in front of us.
With all the stakeholders meetings which we had, the first and the second one, of course we were improving stage by stage, when we held the Secondt All Stakeholders Conference, we had actually improved compared to First All Stakeholders Conference, thereby leading us to this day which we are having to celebrate on the successful product.
So many things have been said and I will look at a few things that I feel I have to look at, that is the Agricultural Land Rights, whereby every man and woman are expected to register their names if they have the same plot. There are also rights to food and water in the Constitution. I am happy to see that they have included not only clean water but also portable water. I was thinking of the portable water and I said to myself is it the mineral water or it is something else? I am not sure but I am happy that we have all those rights which are in front of us.
There are economic rights as well and we hope that all these rights are going to be exercised on. I also want to look at the inclusion of the disabled persons in the Senate. It is a very much positive idea for us to have everybody included – the seats for men, women and chiefs. You can see that all people are included. The profile for every person has been included.
Now that this document is there like the previous speaker has said, let us have it passed since everybody has voted for a “YES VOTE”. I think ours here is to augment on what the rest of the people have said.
- F. M. SIBANDA: Thank you for giving me this privilege to speak. I thought I was not going to speak on this historical event. Since you went to recess, I have been standing throughout and I thank you very much to have honoured me to speak.
If I heard well, Hon Matinenga said that the process of
Constitution making process started in 1999 under the banner of
National Constitutional Assembly. This might be partially correct but constitutionalism of Zimbabwe has been as long as 1890 when our forefathers were subdued by Rhodes BSAP in Mbembesi in 1896.
The historians say the first Chimurenga started in 1896 which is very wrong. It started in 1893 when our forefathers fought with spears while the whites had sigwagwas. The constitutional dispensation and process started long as I would say. Honestly, Hononourable Matinenga was correct that in 1999 civil society, students, churches and trade unions, particularly the Zimbabwe Congress of Trade Unions and many others found it fit that modern constitutional process should start.
I am happy to mention that the Prime Minister was the first Chairman of the National Constitutional Assembly, Thoko Matshe was the second and then the last was Dr Lovemore Madhuku. I am happy to say that I served under their leadership when the Prime Minister resigned and became the political leader. I became the Vice Chairman of NCA for two terms where I worked very well in publicizing the constitutional issues of this country.
I am happy to say that some of the members that we had at NCA taskforce are hon. members of this current Parliament and these are Hon.
Biti, Hon. Mwonzora who was the spokesperson then, Hon. Majome,
Hon. Reggie Moyo, Hon. Prof. Ncube, Hon. Thabita Khumalo and Hon. Chimhini. If I have left some, it is not deliberate. I want to emphasize that this Constitution making process was not an individual issue but a collective issue. More importantly, I want to say those that are still clamouring that NCA says “NO” to this Constitution, they are individuals, two or three people but the rest of the Members are now representing this Parliament. Notwithstanding that Dr. Madhuku wants to form his own party but there is a time that he worked so hard with the people I have mentioned in this House. So we should applaud him for that and Thoko Matshe and Hon. Prime Minister because this was the genesis of the constitution making process. I need now to dwell on very few issues. On thePreamble, I only commend and acknowledge the Supremacy of God. That is a mark on its own. On the Bill of Rights, I am agreeable to it but I want to also quote the Bill of Rights on a very vulnerable people starting from the application …
- SPEAKER: Order hon. member. At this stage you may not directly refer or quote any provisions of the Constitution because this is a general debate. You will do so when we get to Committee Stage tomorrow where you are at liberty to talk direct on a specific clause or provision of the Constitution that you are deliberating on. So you may just speak generally on the principles.
- SIBANDA: Thank you Mr. Speaker. I need to commend the expanded human rights. These are justifiable at law particularly the protection of the vulnerable, the rights of women, rights of children and rights of the elderly. I need to emphasise that everybody grows. It would appear the youths and women have been highlighted very much in other documents but this Constitution captures also the elderly people. I do not know where the elderly starts but I think those who are fifty years and above or sixty and above. So hon. members, this Constitution has captured very well that even the elderly people should be guarded as vulnerable people.
The rights of the disabled was also highlighted and also the war veterans as war liberators, the detainees, the combatants, freedom fighters and the assistants. So this Constitution to me is second to none when you analyse the Bill of Rights that is very expanded to include social, economic, cultural, environmental, civic and political rights. This Constitution needs to pass without any doubt. I need to talk about Security matters.
It is quite clear in Chapter 11 that security officers should be none partisan, should be apolitical hence this is now a new paradigm shift where we have had commanders of the army taking political stance. It is taboo as soon as we hear anybody after this one, they will be charged under treason. It should be treasonous because up to now some certain commanders in the police, army, boast that they are above law.
So henceforth after we adopt this, any statement that is treasonous, they will be judged according to what they have done. So I applaud that Section. Section 12 talks about Independent Commissions to facilitate democracy. I cannot go to those Commissions but we are seeing a new paradigm shift in this Constitution where democracy has to be enhanced by institutions that are constitutional. We come to Chapter 13. I am not going to read it but understand that it is against corruption where people have been making ill gotten riches. This Chapter will deal with those people and it is going to enhance anti-corruption tendencies.
Lastly but not the least, we have to talk about Devolution where many people in Zimbabwe particularly Midlands, Zvishavane and Gweru and Gokwe where I went, 90% of people endorsed devolution but I was alarmed to see that this constitution making process nearly failed because of differences politically. My colleagues that have spoken earlier put it clearly that devolution is power transfer to regions, to people so that they exercise their power politically and in decision making. So this is a progression and progress from the old Lancaster Constitution. I would love to implore this House that we have to deal with constitutionalism.
Constitution and constitutionalism are two different concepts.
Constitutionalism means we have to live by the implementation and do things according to the book. We have to accept the rule of law as it should be. This to me is second to none and it is very critical that this Constitution is second to none in Africa because I have analysed a lot of constitution making processes.
I need to thank the negotiators, the principals, Management Committee, the co-chairs, the MPs in their entirety for the outreach programmes, the rapporteurs, COPAC staff, the Speaker of Parliament and the staff of Parliament and the people of Zimbabwe to have made this possible. I do not forget Magwegwe Constituency. They voted overwhelmingly for the draft and I am here to represent them and congratulate Zimbabweans to have voted wisely because after voting, we are going to have a new dispensation.
I worked in all phases of team leader, as rapporteur and as a draft person. I enjoyed all that. I was in Masvingo. I know what happens. So I am very lucky that I participated in the all levels of the constitution making process. I thank you Mr. Speaker Sir.
- MAHLANGU: Thank you Mr. Speaker Sir. I am standing up adding my voice on the amended Constitution No. 20. I think we have made history as the Seventh Parliament of Zimbabwe. Being one of the members of that Parliament, I stand here to speak on behalf of Nkulumani the constituency that I represent. I also want to thank the people that took part in this process. Unfortunately I was not part of the Outreach Programmes for the MPs because by the time when the MPs were going out, that is the time when I lost my mother and I could not be part of the Outreach Programmes.
I just want to thank you Mr. Speaker, the Parliament of Zimbabwe, the Clerk of Parliament, the staff of Parliament and also the members of Parliament here and the Minister Mr. Eric Matinenga for driving this process in his ministry. People are not mentioning those things but I think this was a Parliament driven process where we must allude and thank the job that was done by your Parliament under your leadership Mr. Speaker. We thank you so much. No one will thank you except us. I think things have been mentioned here. You have made history in this country for the first time and this history means that Zimbabwe will never be the same again. Things that used to happen yesterday, it is actually a paradigm shift. It was mentioned by Minister of Finance that there is a paradigm shift in this country.
Things are never going to be the same again but what we need to do is respect and observe the culture of constitutionalism whereby we do not have to just have the document alone. We need to observe and respect that document. What we need also as a country is to make sure that our children also know about this document. I think in this country there is a tendency whereby when there is a Constitution, we think that the Constitution is for adults only. I think in our schools we need to introduce a subject on the Constitution so that as our children grow up, they should know what is in the Constitution
so that tomorrow these are future leaders, they will know what it means to follow the Constitution.
Mr. Speaker Sir, I also want to thank the people of Nkulumane who I represent for voting overwhelmingly. I think in terms of the ‘yes vote we had about 12 000 votes from the people of Nkulumane and also the people of Matabeleland as a whole. They voted in their numbers to give a ‘yes vote’ to this Constitution. It shows that the people of Matabeleland were happy to see the issue of devolution of power coming to them as you know Mr. Speaker Sir, Matabeleland was one of the marginalised provinces, but through devolution, I think things are going to change and the people of Matabeleland are now going to be given the power and authority to be able to decide their own destiny.
Mr. Speaker Sir, without much ado, I just want to thank everyone. I want to thank the COPAC especially Mwonzora, Mangwana and Mr. Mkhosi the Co-Chairpersons and the Select Committee of COPAC as a whole. I can see Jessy Majome here as one of the Select Committee Members here in this Parliament. Also, Mr. Navaya, aah Navaya you have not been in the Committee you are lying. Mr. Gonese, I have mentioned you and I also want to thank the Management Committee of the COPAC, Mangwana, Tendai Biti and also is it Mzila or Priscila Misihairambwi from the Ncube faction. Also, the Minister, I have mentioned you. I want to thank the Principals themselves. The Principals are the President of the Government of Zimbabwe, Mugabe; the PrimeMinister of the Government of Zimbabwe, Mutambara and Welshman Ncube for the job well done and for ensuring that this document comes before Parliament today.
What I always wish is that tomorrow or any other time from now, this Constitution becomes the law of Zimbabwe which will decide the future of this country.
*MR. MACHACHA: I want to thank you Mr. Speaker for the time that you have given me. I might be the last person to speak. The time that you have given me to congratulate those who were involved in the process is a time of happiness. We used to hear that in South Africa they had made their Constitution and in Kenya they also embarked on a constitution making process.
Today it is our time in Zimbabwe and we are hoping that we have been able to follow this process to its end. The people in Kariba where I come from, are happy that they contributed to this Constitution. Zimbabwe is also happy that we have come up with our own Constitution and Africa we are happy here in Zimbabwe because we have succeeded in coming up with our own Constitution.
With this Constitution, I think this has given us respect and value and has made us to be recognised as a country that can come up with its own law and how our country should be governed. I feel happy for the short time that you have given me Mr. Speaker and I want to say congratulations to Zimbabwe. We now have our own Constitution that entrenches our values and traditions. I am also happy that Africa as a whole is one of the continents that have shown that we are able to come up with our own laws that we are comfortable and happy to work with and that that we have crafted on our own.
I want to say that this Constitution Mr. Speaker was crafted through a united nation. It was not done by another organisation. I also want to thank the President of this nation, given that we had been in a difficult economic era, for example, we were chased out from hotel rooms and actually travelled on difficult roads especially in Kariba where the road network is bad.
I want to say that we were able to access all those areas using roads. There are some places which needed helicopters but we managed to get there. I want to end up by saying this Constitution Mr. Speaker, will never be forgotten by me because I lost my vehicle during the Constitution Making Process. I know that my grandchildren will remember me one of these days that one of our grandfathers who crafted this Constitution lost a vehicle in the process. I want to thank you Mr.
Speaker.
*MR. HURUBA: Thank you Mr. Speaker for giving me this opportunity to express my gratitude. I was looking at the way the debates have progressed. When we went out through the Constitution Making Process, we went as a united front. We indeed had the same mind but what I am happy about is that we consulted and people told us what they wanted. After they told us what they wanted, that is what we captured and we are doing what they want.
I think we should not have wasted time talking because we are repeating what the people have said. We are expressing gratitude that was expressed by the people.
I want to thank the freedom fighters and when I say freedom fighters, I mean the war veterans like me and you including the
Mujibhas, and the Chimbwidos and those who died in the prisons and went to the prisons such as Jaison Moyo, Joshua Nkomo and all those who made us to be where we are today.
I think when the Constitution Making Process was embarked on, it was their hope that we would have freedom in Zimbabwe and now as we proceed, I believe there will not be any violence and conflict. We are now a people who will go and campaign and win in all fairness because of what was done by the people of Zimbabwe. I thank you.
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Mr. Speaker Sir, this has been a long
afternoon, going well into the night but this is what it should be because we are gathered today witnessing this historic event.
I am humbled Mr. Speaker Sir, by the comments made by hon. members who have contributed to this debate. Not a single member has sought to attack any provision of this Bill and this just goes to show how coming of age we have become as Zimbabweans. How we have come to appreciate that there are certain things that do not need money but we can achieve as a country as long as we are all being inclusive.
Mr. Speaker Sir, it is not necessary for me to go through the very kind words which were made by each and every contributor to this debate.
I just however, want to say one thing and this does not arise out of the debate but Hon. Misihairabwi-Mushonga was so excited about the provision of devolution in this draft and she did say in her contribution that if ever she had wanted to remove a shirt and dance on the table here because of the devolution provision. I heard members in the background mostly male saying, “Misihairabwi, Misihairabwi”, they obviously wanted to do more, not only to take off the shirt but everything else as well. – (laughter) - Thanks to the presence of Minister Muchena who was on the front bench who disapproved of anything which she wanted to do.
Mr. Speaker, yes, there are certain persons who may feel that they have not been thanked enough in the address that I gave. I know that I had left out the very long suffering service providers who did a lot of work during COPAC, the majority of whom are still to be paid for the services that they provided. I wish to thank them. I also wish maybe to add that in my initial thanking conclusion, I had left out Professor Makhurane and Prof. Hope Sadza. I want to thank them for the diligent work that they did in chairing the 1st and the 2nd Stakeholders Conference.
I just want to address the issue raised by Hon. Mahlangu about the need to educate our children on the values and the content of this Constitution. I want to thank the hon. member for bringing out that contribution but I want to lay his mind to rest. Section 7 of this draft clearly answers the concerns which the hon. member raised. Section 7 of the Constitution places an obligation on the State to promote the awareness of this Constitution by translating it into officially recognized languages and disseminating it widely.
Secondly, it requires that the Constitution be taught in schools as part of the curricula for the training of members of the Security Services, the Civil Service and members and employees of public institutions. It also encourages all persons and organizations including civic organizations to disseminate awareness and knowledge of this Constitution throughout society. So Hon. Mahlangu, the concern that you raised is fully recognized by this Constitution and it is fully addressed. On that note, may I thank all members who contributed to this debate. I thank you.
Mr. Speaker Sir, I move that the Constitution of Zimbabwe Amendment (No. 20) Bill, be read for the second time.
Motion put and agreed to.
Bill read a second time.
Committee Stage: Thursday, 9th May, 2013
On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Twenty
Minutes past Six o’clock p.m.
PARLIAMENT OF ZIMBABWE
Thursday, 9th May, 2013.
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENTS BY MR. SPEAKER
ERROR ON THE ORDER PAPER
- SPEAKER: I have to draw the attention of the House to an error on Notice of Motion No. 5 on today’s Order Paper where sub-
paragraph 4 was erroneously included and should be deleted.
VOTE FOR A WOMAN CAMPAIGN LAUNCH
- SPEAKER: I wish to remind hon. members that the Women
in Politics Support Unit (WiPSU) is inviting all Members of Pcrliament
(both m!les and females) to a launch of the ‘Vote for a woman’ campaign and its publications. The launch will take place on today, 9th May, 2013 at Crowne Plaza Hotel, Harare from 1730 hours to 2000 ho5rs.
WORKSHOP ON FEEDBACK by G20
- SPE@KER: I also have to inform the House that Women in
Politicr Support Unit (WiPSU) is mnviting Women’s Parliamentary Caucus to a workshop on feedback by G20 on the 30th May, 2013, taking place from the 30th May to 1st June 2013 at Kadoma Ranch Hotel.
COMMITTEE STAGE
CONSTITUTION OF Z MBABWE AMENDMENT (NO. 20) B
LL (H.B. 2, 2012)
House in Committee
Short Title – put and agreed to.
Intevpredation – put and aoreed to.
Repeal of existing"Constitution b9 nev Constitution – put and agveed ôo&
Preamble – put aîd agreed to&
Chapteò 1
Cliuse 1, The Repqblic – put and agreed to.
Clause 2, Supòemacy of the Constitution – put and agreed to.
Clause 3,"Founding Values ajd princyples – put and agreed to.
Clause 4, National FLag, ^atiolal Anthem, Xublic Seal and Coat of
Arms – put and agreed to.
Clause 5, Tiers of Government – put and agreed to.
Clause 6, Languages – put and agreed to.
Clause 7, Promotion of public awareness of Constitution put and agreed to.
CHAPTER 2
NATIONAL OBJECTIVES
Clause 8, Objectives to guide State and all institutions and agencies of government – put and agreed to.
Clause 9, Good governance, - put and agreed to.
Clause 10, National unity, peace and stability – put and agreed to.
Clause 11, Fostering of fundamental rights and freedoms – put and agreed to.
Clause 12, Foreign policy – put and agreed to.
Clause 13, National development – put and agreed to.
Clause 14, Empowerment and employment creation – put and
agreed to.
Clause 15, Food security - put and agreed to.
Clause 16, Culture – put and agreed to.
Clause 17, Gender balance – put and agreed to.
Clause 18, Fair regional representation – put and agreed to.
Clause 19, Children – put and agreed to.
Clause 20, Youths – put and agreed to.
Clause 21, Elderly persons – put and agreed to.
Clause 22, Persons with disabilities – put and agreed to.
Clause 23, Veterans of the liberation struggle – put and agreed to.
Clause 24, Work and labour relations – put and agreed to.
Clause 25, Protections of the family – put and agreed to.
Clause 26, Marriage – put and agreed to.
Clause 27, Education – put and agreed to.
Clause 28, Shelter – put and agreed to.
Clause 29, Health services – put and agreed to.
Clause 30, Social welfare – put and agreed to.
Clause 31, Legal aid – put and agreed to.
Clause 32, Sporting and recreational facilities – put and agreed to.
Clause 33, Preservation of traditional knowledge – put and agreed
to.
Clause 34, domestication of international instruments – put and agreed to.
CHAPTER 3
CITIZENSHIP
Clause 35, Zimbabwean citizenship – put and agreed to.
Clause 36, Citizenship by birth – put and agreed to.
Clause 37, Citizenship by descent – put and agreed to.
Clause 38, Citizenship by registration – put and agreed to.
Clause 39, Revocation of citizenship – put and agreed to.
Clause 40, Retention of citizenship despite marriage or dissolution of marriage – put and agreed to.
Clause 41, Citizenship and Immigration Board – put and agreed to.
Clause 42, Powers of Parliament in regard to citizenship – put and agreed to.
On Clause 43: Continuation and restoration of previous citizenship.
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS(ADV. MATINENGA): I move the
motion standing in my name that on pages 25 – 26 of the Bill, section
43, Substitute “effective date” with “publication day”. Wherever it appears in the section.
Amendment to Clause 43, put and agreed to.
Clause 43, as amended put and agreed to.
CHAPTER 4
DECLARATION OF RIGHTS
PART 1
APPLICATION OF INTERPRETATION OF CHAPTER 4
Clause 44, duty to respect fundamental human rights and freedoms
– put and agreed to.
Clause 45, Application of Chapter 4 – put and agreed to.,
Clause 46, Interpretation of Chapter 4 – put and agreed to.
Clause 47, Chapter 4 does not preclude existence of other rights – put and agreed to.
PART 2
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Clause 48, Right to life – put and agreed to.
Clause 49, Right to personal liberty – put and agreed to.
Clause 50, Rights of arrested and detained persons – put and agreed to.
Clause 51, Right to human dignity - put and agreed to.
Clause 52, Right to personal security - put and agreed to.
Clause 53, Freedom from torture or cruel, inhuman or degrading treatment or punishment - put and agreed to.
Clause 54, Freedom from slavery or servitude - put and agreed to.
Clause 55, Freedom from forced or compulsory labour - put and agreed to.
Clause 56, Equality and non-discrimination - put and agreed to.
Clause 57, Right to privacy - put and agreed to.
Clause 58, Freedom of assembly and association – put and agreed
Clause 59, Freedom to demonstrate and petition - put and agreed
to.
Clause 60, Freedom of conscience - put and agreed to.
Clause 61, Freedom of expression and freedom of the media - put and agreed to.
Clause 62, Access to information - put and agreed to.
Clause 63, Language and culture - put and agreed to – [HON.
MEMBERS: Inaudible interjections] -
THE CHAIRPERSON: Order, order, hon. members, let us have order in the House. Clause 64, Freedom of profession, trade or occupation - put and agreed to.
Clause 65, Labour rights - put and agreed to.
Clause 66, Freedom of movement and residence – put and agreed
Clause 67, Political rights - put and agreed to.
Clause 68, Right to administrative justice - put and agreed to.
Clause 69, Right to fair hearing - put and agreed to.
Clause 70, Rights of accused persons - put and agreed to.
Clause 71, Property rights - put and agreed to.
Clause 72, Rights to agricultural land - put and agreed to.
Clause 73, Environmental rights - put and agreed to.
Clause 74, Freedom from arbitrary eviction - put and agreed to.
Clause 75, Right to education - put and agreed to.
Clause 76, Right to health care - put and agreed to – [HON.
MEMBERS: Inaudible interjections].
THE CHAIRPERSON: Hon. members, order hon. members. hon.
members who said mom we are not at play here.
Clause 77, Right to food and water - put and agreed to.
Clause 78, Marriage rights - put and agreed to - [HON.
MEMBERS: Inaudible interjections].
THE CHAIRPERSON: Order hon. members, order please. I now
propose that we lump together some of these Parts so as to speed up the process.
Part 3, Elaboration of Certain Rights, Clauses 79 to 84 - put and agreed to.
Part 4, Enforcement of fundamental Human Rights and Freedoms, Clause 85 - put and agreed to.
Part 5, Limitation of fundamental human rights and freedoms
Clauses 86 and 87- put and agreed to.
CHAPTER 5,
THE EXECUTIVE,
Part 1, Executive Authority, Clause 88 - put and agreed to.
Part 2, The president and Vice Presidents, Clauses 89 – 103 - put and agreed to.
Part 3, Ministers, Deputy Ministers and Cabinet, Clauses 104 - 109
- put and agreed to.
On Part 4, Executive Functions, Clauses 110 – 113:
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Madam
Speaker, in Part 4, Section 110 (6) at page 49, I move the amendment standing in my name, that paragraphs (a), (b), (c) and (d), lines 5-13 be deleted.
Amendment to Part 4, Executive functions, Clauses 110-113 – put and agreed to.
Part 4, Executive functions, Clauses 110-113, as amended, put and agreed to.
Part 5, Clauses 114 to 115, put and agreed to.
Chapter 6, Part 1, Clauses 116 to 117, put and agreed to.
Part 2, Clauses 118 to 119, put and agreed to.
Part 3, Clauses 120 to 123, put and agreed to.
On Chapter 6, Part 4:
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the
amendment standing in my name that; on page 54 of the Bill, Section
124(1)(b), delete the words, “through a system of” and substitute “under a party-system of”, line 24.
Amendment to Clause 124, put and agreed to.
Clause 124, as amended, put and agreed to.
Part 4, Clauses 124 to 127, put and agreed to.
On Part 5:
Part 5, Clause 128, put and agreed to.
On Part 5, Clause 129:
- CHINYADZA: Clause 129, subsection (1)(g) and (h). It is a contravention of Clauses 268 and 269 in as far as the term of membership of Members of Parliament. If you look at Clause 129 (g), it says, “if the member accepts public office as a member of the statutory body, government controlled entity, provincial or metropolitan council….” Otherwise if he is a member of those, his seat becomes vacant and yet on that section, it says they are members of the provincial council and metropolitan councils.
ADV. MATINENGA: Madam Chair, the hon. member is right
and what simply needs to be done is to delete in Clause 129(g), the words, “provincial or metropolitan council”. What needs to be done is to formalise this amendment and this is going to be done later. I therefore move that Clause 129 be deferred and the formalisation will be done later.
Motion put and agreed to.
Clause 129 deferred.
Part 6, Clauses 130 to 134, put and agreed to.
Part 7, Clauses 135 to 142, put and agreed to.
Part 8, Clauses 143 to 147, put and agreed to.
Part 9, Clauses 148 to 154, put and agreed to.
Chapter 7, Part 1, Clauses 155 to 157, put and agreed to.
Part 2, Clauses 158 to 159, put and agreed to.
Part 3, Clauses 160 to 161, put and agreed to.
Chapter 8, Part 1, Clauses 162 to 176, put and agreed to.
Part 2, Clauses 177 to 188, put and agreed to.
Part 3, Clauses 189 to 191, put and agreed to.
Part 4, Clauses 192 to 193, put and agreed to.
Chapter 9, Part 1, Clauses 194 to 198, put and agreed to.
Chapter 10, Clauses 199 to 205, put and agreed to.
Chapter 11, Part 1, Clauses 206 to 210, put and agreed to.
Part 2, Clauses 211 to 218, put and agreed to.
Part 3, Clauses 219 to 223, put and agreed to.
Part 4, Clauses 224 to 226, put and agreed to.
Part 5, Clauses 227 to 231, put and agreed to.
Chapter 12, Part 1, Clauses 232 to 237, put and agreed to.
Part 2, Clauses 238 to 241, put and agreed to.
Part 3, Clauses 242 to 244, put and agreed to.
Part 4, Clauses 245 to 247, put and agreed to.
Part 5, Clauses 248 to 250, put and agreed to.
Part 6, Clauses 251 to 253, put and agreed to.
Chapter 13, Part 1, Clauses 254 to 257, put and agreed to.
Part 2, Clauses 258 to 263, put and agreed to.
CHAPTER 14
PROVINCIAL AND LOCAL GOVERNMENT
Part 1, Preliminary, Clauses 264-266- put and agreed to.
Part 2, Provinces and Provincial and Metropolitan Councils
Clauses 267-273:
THE MINISTER OF CONSTITUTIOINAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the
amendment standing in my name that:
On page 105 of Bill, section 268 (2), line 39. Delete “subsection
(1) (f)” and substitute “subsection (1) (g).
Amendment to Clause 268 put and agreed to.
Clause 268, as amended, put and agreed to.
THE MINISTER OF CONSTITUTIOINAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): There are
actually two amendments in my name on page 107. I move the first amendment in my name that
On page 107 of the Bill, section 271, delete “section 268 (1f” and substitute “section 2681) (g), line 17.
Amendment to Clause 271 put and agreed to.
Clause 271, as amended, put and agreed to.
THE MINISTER OF CONSTITUTIOINAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the
second amendment amendment in my name that:
On page 107 of Bill, section in line 19, delete “272 Chairpersons of Provincial and Metropolitan Councils” and substitute “272
Chairpersons of Provincial Councils”.
Amendment to Clause 272 put and agreed to.
Clause 272, as amended, put and agreed to.
THE MINISTER OF CONSTITUTIOINAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the
amendment standing in my name that:
On page 108 of the Bill, lines 10-11, Delete subsection 9.
Amendment to Clause 272, put and agreed to.
Clause 272, as amended, put and agreed to.
Part 2 Provinces and Provincial and Metropolitan Councils, Clauses 267 – 273, put and agreed to.
Part 3, Local Government, Clauses 274-279, put and agreed to.
CHAPTER 15
TRADITIONAL LEADERS
Clauses 280 – 287 put and agreed to.
CHAPTER 16
Clauses 288-297 put and agreed to.
CHAPTER 17
Part 1, Financial Management, Clauses 298-301 put and agreed to.
Part 2, Consolidated Revenue Fund, Clauses 302-304 put and agreed to.
Part 3, Authorisation of Expenditure from Consolidated Revenue Fund, Clauses 305-307 put and agreed to.
Part 4, Safeguarding of Public Funds and Property, Clause 308 put and agreed to.
Part 5, Auditor General, Clauses 309-314 put and agreed to.
Part 6, General, Clauses 315 -317 put and agreed to.
CHAPTER 18
GENERAL AND SUPLEMENTARY PROVISIONS
Part 1, General provisions as to Commissions, Clauses 318-325 put and agreed to.
Part 2, General, Clauses 324-329 put and agreed to.
Part 3, Interpretation, Clauses 330-345 put and agreed to.
On Schedules:
THE MINISTER OF CONSTITUTIOINAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the
amendments standing in my name that:
On page 147 of the Bill, section 3 (1) (d), lines 8-9, delete paragraph (d) and substitute with the following:
“Chapter 6 relating to the election of Members of Parliament, the summoning of Parliament after a general election and to the ascent of
Acts of Parliament by the President”
Page 147 of the Bill, section 3 (3), line 23, delete “subparagraphs
(a) to (1) and substitute “subparagraphs (a) to (i)”
Page 151 of the Bill, section 18(7), lines 19-20, delete “effective date” substitute “publication date”.
Amendment to Sixth Schedule put and agreed to.
Sixth Schedule, as amended, put and agreed to.
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Madam
Speaker, acting out of abundance of caution…
THE DEPUTY SPEAKER: Order, order, hon. members please.
ADV. MATINENGA: Madam Speaker, I should have put all the
amendments to the Sixth Schedule when I last spoke, but acting out of abundance of caution and that I have not made reference to the item on Page 10 of the Notice of Amendment, I now move that amendment in my name.
Amendment to Sixth Schedule put and agreed to.
Sixth Schedule, as amended, put and agreed to.
THE DEPUTY SPEAKER: Order, order,
ADV. MATINENGA: Madam Speaker, in order to adequately
look at Section 129, particularly the paragraphs which were referred to by Hon. Chinyadza, with the leave of the House may I ask for a five minute consultation period.
Motion put and agreed to.
THE CHAIRPERSON: Hon. members, we now revert to Clause
129.
ADV. MATINENGA: Thank you Madam Chair and may I thank
you for affording that consultative period which I gather went slightly below five minutes. But, arising out of that consultation, it is by consensus, agreed by everybody in the consulting room that there is nothing wrong with that Clause.
Motion put and agreed to.
Bill reported with amendments.
REPORT STAGE
CONSTITUTION OF ZIMBABWE AMENDMENT NUMBER.20
BILL
Amendments to Clauses 43, 110, 124, 268, 271, 272 and the 6th
Schedule put and agreed to.
Bill, as amended, adopted.
Third Reading: With leave, forthwith.
THIRD READING
CONSTITUTION OF ZIMBABWE AMENDMENT NUMBER.20
BILL
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: I move that the Bill be now read the
third time.
THE MINISTER OF FINANCE: On a point of order, where is Jonathan Moyo?
- SPEAKER: Your point of order is over-ruled – [HON.
MEMBERS: Inaudible interjections] -. Order, Order, sub-section 3 of Section 52 of the Constitution provides that subject to sub-section 5, a constitutional Bill shall not be deemed to have been duly passed by
Parliament unless at the final vote thereon in the House of Assembly, it received the affirmative vote of not less than two-thirds (2/3) of the total
Members of the House of Assembly …
An hon. member having walked out.
– [HON. MEMBERS: Inaudible interjections] – Order! Order! Honourable members, he is not going to run away. I do not think he would want to miss this historic moment.
In order to comply with the provisions of Section 52, it is necessary that the number of affirmative votes cast by members be recorded. I therefore direct that the bells be now rung.
Bells rung.
ANNOUNCEMENT BY MR. SPEAKER
PROCEDURE FOR VOTE COUNTING
- SPEAKER: To facilitate the counting of hon. members we have divided our Chief Whips into two tellers. We have got tellers A and
- In the category A they are going to count starting from Hon. Baloyi to
Hon. Matibe. The tellers for category A will be Hon. S. Ncube, Hon.
Chinomona and Hon. Gonese. Our tellers for category B will count from
Hon. Matibenga to Hon. Zwizwai. The composition of tellers is Hon. Mkhosi, Hon. D. Sibanda and Hon. J. Gumbo. May you begin the counting process.
- SPEAKER: Our verification process shows that the numbers do not tally. We are therefore, going to ask the Clerk of Parliament to call out each hon. member to stand up in order to do the ticking and confirm the presence of that hon. member.
AYES: Baloyi A., Beremauro Godfrey; Bhasikiti-Chuma Kudakwashe;
Biti Laxton Tendai, Buka Flora; Chaderopa Fungai; Chambati Tall
Severino; Chamisa Nelson; Chanetsa Peter Tapera; Chebundo Blessing;
Chibaya Amos; Chidakwa Walter Kufakunesu; Chikwinya Settlement;
Chimbetete Willard Manyowa, Chimhini David Antony; Chininga
Edward Takaruza Chindori; Chinomona Mabel Memory; Chinyadza
Webber; Chiota Phineas Chivazve; Chitando Jeffryson; Chitima Alice;
Chivamba Kitizo; Cross Edward Graham; Denga Piniel; Dongo Greenbate Zvanyanya; Dube Patrick; Dumbu Festus; Dzirutwe Gift;
Garadhi Stewart; Gonese Innocent Tinashe;
Goto Rosemary; Gumbo Joram Macdonald; Gwiyo Collen Cephas;
Hlongwane Makhosini; Hove Simon Ruwuke; Jembere Eliah; Jiri
Moses; Kachepa Newten; Kagurabadza Misheck Tofamangwana;
Kanzama Fred; Kapesa Rusipa; Karenyi Lynette; Kasukuwere Saviour;
Katsande Aqualinah; Kay James Ian Hamilton; Khumalo Nomalanga
Mzilikazi; Khumalo Thabitha, Kumalo Marvellous; Mabhena Gift;
Machacha Cleopas; Madubeko Josephat; Madzimure Willias;
Madzore Paul; Mafios Itai Dickson; Mahlangu Tamsanqa;
Mahoka Sarah; Majome Fungayi Jessie; Makuyana Meki; Mandebvu
Noel Tarirai; Mangami Dorothy; Mangoma Elton Steers; Mangwana
Munyaradzi Paul; Maposhere Dorcus; Maramba Phase Hakuna; Mare
Moses; Marima Edmore; Mashakada Tapiwa; Matamisa Editor
Erimanziah; Matibe Takalani Prince; Matibenga Lucia Gladys; Matienga
Margaret; Matimba Tangwara; Matinenga Eric Taurai; Matonga Bright; Matshalaga Obert; Matutu Tongai; Mavima Lawrence David; Mazikana
Paul Herbert; Mbwembwe Edgar; Mhandu Cairo; Mhashu Fidelis;
Mhlanga Albert; Mkhosi Edward Tshotsho; Mlambo Mathias Matewu;
Mlilo O. S; Mnangagwa Emmerson Dambudzo; Mohadi Kembo
Campbell Dugishi; Mombeshora Douglas Tendai; Moyo Reggie;
Mpariwa Paurina; Mpukuta Lovemore; Muchauraya Pishai; Muchena
Olivia Nyembezi; Muchinguri Oppah Chamu Zvipange; Mudarikwa
Simbaneuta; Mudau Metrine; Mudavanhu Ernest; Mudiwa Shuah;
Mudzuri Ellias; Mudzuri Harison; Muguti Costin; Mujuru J. T. R.,
Mukanduri Samson Tapera; Munengami Fani; Mungofa Pearson
Tachiveyi; Mushonga Shepherd Lenard; Mushore Luke;
Musumbu Edward; Musvaire Washington; Mutasa Didymus Noel
Edwin; Mutinhiri Ambrose; Mutsekwa Giles Tariyafero;
Muza Isheunesu; Mwonzora Douglas Togarasei; Navaya Eric; Ncube
Siyabonga; Ndambakuwa Franco;
Ndava Ronald; Ndebele Gabriel; Ndhlovu Anastancia; Ndlovu Moses;
Nemadziva Naison; Nezi Ward; Nguni Sylvester Robert; Ngwenya
Busy; Nyakudanga Ordo; Nyamudeza Sibonile; Nyamupinga Biata
Beatrice; Nyaude Bednock; Nyoni Sithembiso Gile Gladys;
Parirenyatwa David Pagwesese; Pasihomusha-Matiza Biggie Joel;
Raradza Edward; Rutsvara Rodrick; Sai Shaddy; Samkange Nelson
Tapera Crispen; Sansole Tose Wesley; Saruwaka Trevor Jones
Lovelace; Shamu Webster Kotiwani; Shirichena Ellina; Shoko Heya;
Shoko Misheck; Sibanda Dorcas Staff; Sibanda Felix Magalela;
Sindi Cephas; Sithole Abraham; Sululu Anadi; Tachiona Mharadza;
Tazviona Rodger; Tshuma Brian; Undenge Samuel; Varandeni Jani; Zhuwao Patrick; Zinyemba Margaret; Ziyambi Wurayayi Zachariah; Zwizwai Murisi.
NOES: 0
- SPEAKER: Order! Can we take our seats. The result of the count is that 156 hon. members have voted in favour of the Third Reading of the Bill and none have voted against the Bill.
All hon. members broke into song and dance “NdiMwari
Wakanaka”
- SPEAKER: Order, order. Hon. members we are still yet to conclude the procedural issues. The number of the affirmative votes recorded – 156 are two thirds of the total membership of the House. I therefore declare the final votes in the House on the Constitution of Zimbabwe Amendment (No. 20) Bill (H.B. 2, 2013) to have been in accordance with the provisions of Subsection 3 of Section 52 of the Constitution.
Bill read the third time.
On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Five
Minutes to Five o’clock p.m. until Tuesday, 14th May, 2013.
PARLIAMENT OF ZIMBABWE
Tuesday, 4th May, 2013
The House of Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(MR. SPEAKER in the Chair)
ANNOUNCEMENT BY MR. SPEAKER
PRIME MINISTER’S QUESTION TIME
- SPEAKER: I would like to inform the House that there will
th June, 2013 at Quarter be Prime Minister’s Question Time tomorrow, 5 past Two in the afternoon.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: Mr. Speaker Sir, I move that Orders
of the Day, Nos. 1 to 3 be stood over until the rest of the Orders of the
Day have been disposed of.
Motion put and agreed to.
MOTION
SPECIAL REPORT OF THE PORTFOLIO COMMITTEE ON
LOCAL GOVERNEMENT, RURAL AND URBAN DEVELOPMENT
ON LOCAL AUTHORITIES
- KARENYI: I move the motion standing in my name that this House takes note of the Special Report of the Portfolio Committee on Local Government on local authorities.
- MUDAU: I second.
- KARENYI:
1.0INTRODUCTION
1.1 In its oversight function your Committee invited the Hon.
Minister of Local Government Rural and Urban Development Dr Ignatious Morgan Chiminya Chombo to apprise the Members on the mayors and councillors that he had dismissed from Office and to further state from which town they belonged to and to give reasons for such dismissals. Furthermore, your Committee requested for submissions from the Secretary of the Ministry seeking clarification on the status of such councillors. Your Committee was concerned that the dismissals impacted very negatively on the Local Authorities’ ability to provide quality service to the people in the affected localities.
2.0 METHODOLOGY
2.1 The Hon Minister gave a detailed submission on the affected localities starting with Harare. Your Committee proceeded to consider the Hon Minister's evidence.
- Harare City Council
In its examination of the responses by the Hon. Minister on cases of mismanagement within local authorities, your Committee heard of cases within the Harare City Council where a Councillor H Gomba was implicated and had to be subsequently dismissed. The Hon Minister said in arriving at the decision taken against Councillor. H. Gomba, the appropriate Section of the Urban Councils' Act 114:1 (c) and (d) was used.
- The Hon Minister disclosed that some councillors in Harare had worked in cahoots with Council Officials and altered names of people who had been residing in their homes during the past 40-50 years and replaced them with their names instead. The reason was anticipation that the houses would be sold to the sitting tenants and these were determined by rentals, rates and electricity bills. Such councillors, the Hon. Minister alleged, wanted to take advantage of the situation as was reported in the Press. The suspects were given a chance to defend themselves but they could not extricate themselves out of the situation.
The accused included:- S. Machetu - dismissed Gorekore - dismissed
Mbadzi - pardoned
Zaranyika - dismissed
Takura - dismissed for being dishonest with Council funds
Dumba - dishonest with Council funds and dismissed
Vengesai - dishonest with Council property, involved in improper procurement of goods and was suspended.
Katsande - reinstated but he was later dismissed.
- In the case of Councillor Machetu and others listed above, your Committee observed that the Hon. Minister dismissed them despite the court judgement exonerating them of any wrong doing. The High Court, in its Judgement HC 1067 of 2011, ordered their reinstatement as councillors citing that the decision to dismiss them was grossly unreasonable. Your Committee wondered why the Minister applied the law selectively in view of the fact that the Court had set aside the dismissal of these Councillors and at the same time, the Hon Minister pardoned others who had committed similar offences.
- Chitungwiza Town Council
- Councillor P. Marange was convicted of criminal abuse of office as a public servant and found guilty of corrupt practices. He was sentenced to three years. Provision of the Act Section 41, paragraph 7 was invoked. The conviction automatically disqualified him as a councillor. In evidence before your committee, the Hon. Minister also stated that in the matter involving Councillor Vengesai, the charge was that he created a company with another council official and awarded Council tenders to their company.
- Councillor Kanyama was alleged to have criminally abused his office as a public servant by unprocedurally allocating himself Zengeza 3 Creche Stand No. 7210 Unit J and Stand No. 7687. The said stand was a creche yard and a creche structure was set up. The rest of the area was a playground. Kanyama is alleged to have built his house right in the middle of the playground and proceeded to possess another Stand in the corner which he then gave to his brother. After one and a half years, Mr. Kanyama appealed against his dismissal claiming that it was unprocedural.
- The Hon. Minister informed your Committee that he had suspended two special interest councillors that he had appointed for nonperformance. On the whole, the Hon. Minister disclosed that the said Councillors were conniving with council officials in avoiding tender procedures. As a result, they awarded tenders to themselves and their companies, something which was not authorised by Council. The Hon. Minister stressed that as a result of abuse of office by the councillors, he had no alternative but to dismiss them. The Hon. Minister laid the blame squarely on the Harare Mayor for having allowed such cases of impropriety to flourish within the City Council.
- Councillor Mr. D. Puzo was accused of mismanagement of Council Affairs and Section 114 (1c) and (1d) of the Act was invoked while investigations were in course. A similar charge was laid against
Councillor P. Keru who was subsequently suspended.
- LOCAL AUTHORITIES OUTSIDE HARARE
- The Hon. Minister further chronicled other cases of corruption within other Councils. These cases all related to mismanagement of
Council property and Council Affairs. The following Councillors from
Rusape were all dismissed for these offences:-
Councillor Gomana
Councillor Pambuleni
Councillor Mberikunashe
Councillor Chisomboti
Councillor Chipere
- In Bindura, similar cases of mismanagement of Council property and Council Affairs were reported. All the following
Councillors, except Councillor Muchemwa, were dismissed:-
Councillor Wakatama
Councillor Mazembe
Councillor Madamombe
- In Chinhoyi, the Ministry officials informed your Committee that Councillors were suspended for various acts of misconduct. The
Hon Minister said that Mayor Nyamhondoro, with his Deputy Mayor, Councillor Nyambi and Councillor Charuza were involved in the mismanagement of Council property and Council affairs. The Hon.
Minister said, “...vaida kuita utsotsi hwetender”. The suspects were suspended while awaiting investigations from the Court.
- Other cases of abuse of property and mismanagement of Council affairs and flouting of tender procedures and behaviour bordering on racial segregation in the City of Mutare were reported by the Hon. Minister. The cases of corruption and abuse of office also included among others, the following:-
Councillor I Masaka - the Deputy Mayor for driving without a licence and being involved in an accident with the Mayoral S – Class
Benz which was worth Z$2 610 134 440, 00 when purchased in 2004. The prejudice to the Mutare City Council could not be ascertained as the vehicle remained unrepaired. However, as of the end of April 2012 repairs to the vehicle were quoted at US$26 000 and US$13 000 respectively.
Councillor E. Upare –for mismanagement of Council Affairs and tender of Public Finance Investment Programme (PFIP) funds, he was acquitted by the courts but was subsequently dismissed. Investigations were said to be underway as more Councils have been implicated in similar cases of mismanagement of their affairs and tender of Public Finance Investment Programme (PFIP) funds.
He was dismissed but investigations are yet to be concluded as there are other Councillors that have also been implicated.
In the case of Brian James the Hon. Minister stated that as a white member of the society, he did not want collective decision making. He had held meetings with the Ministry before and had been warned or sanctioned on five previous occasions. However, he had not taken heed of the warnings and had proceeded to contract some other white colleague at an exorbitant cost to the Council. The Council had been advised by the Ministry to refrain from engaging in activities that drained its coffers. A sum of $600 000 of Council funds had been extravagantly abused leading to Brian James Being forced to unceremoniously resign. However, he bounced back purporting to be coming to conclude what he had started. Brian James was allegedly unfair and abusive to his colleagues. The Hon. Minister was later approached by the Council to dismiss him. However, this has not yet been done as he still remains under suspension.
4.0 RURAL DISTRICT COUNCILS
4.1 The Rural District Councils had also not been spared the scourge of corruption and abuse of office by some of their Councillors. In the Manyame Rural District Council, C Manhombo was allegedly burning down people’s houses and misusing Council funds from sales of pit sand. He was initially dismissed but later on reinstated on the belief that he had turned over a new leaf. Your Committee is extremely concerned that the matter has not been appropriately dealt with as burning other people's properties is a clear criminal case of arson which should have been referred to relevant authorities. Furthermore, your Committee is concerned at the abuse of Council funds which seemed to have been going on unabated
4.2 In the Mutasa Rural District Council, cases of abuse of office, theft of food meant for the ill patients in Ward 10 and fraud by Councillors O Mbona and M Nyangani were reported by the Hon.
Minister. Both of them were dismissed.
4.3 In the Rushinga Rural District, a Councillor Kanyama was found guilty of mismanagement of tenders. He was reprimanded and dismissed.
4.4 In the Wedza Rural District, Councillor S Mapako was responsible for the mismanagement of Council Affairs. He was reprimanded and stood down as Council chairperson.
4.5 Cases of abuse of tender processes were also reported in the
Gutu Rural district Council where a D. N. Jinga was reprimanded.
All the cases reported were committed by individuals without any resolutions from the Council. The Hon. Minister said, “They did not do this with the authorisation of the Council”.
5.0 OBSERVATIONS
5.1 Your Committee noted with concern, administrative lapses and discrepancies within Local Councils as exercised by the Hon Minister.
These included interference in the awarding of tenders in the Local Authority of Chinhoyi.
5.2 Your Committee further noted that an arsonist was not charged despite the malicious damage to people's properties.
5.3 Furthermore, there seemed to be selective application of the law when dealing with cases of misconduct by Councillors. For example, your Committee could not comprehend the logic of imposing different disciplinary measures for similar offences by Councillors in the same Ministry. Some were dismissed and others were pardoned, cautioned or suspended for exactly the same offences.
5.4 Your Committee was disturbed that a number of commissions were appointed to conduct investigations on Councils by civil servants who earn a salary at the end of the month and also draw a lot of money from the local authorities as they carry out their investigations.
Your Committee was also concerned at the Minister's disregard for the laws of the country by dismissing councillors who had been acquitted by the Courts, Councillor Machetu and three others are a case in point.
5.5 Your Committee also observed that the Hon Minister seemed to be confusing criminal offences with Council issues.
5.6 The appointment of Special Interest Councillors to serve in the various local authorities left a lot to be desired. The Minister alluded to the fact that different political parties could present their candidates to be considered as Special Interest Councillors in the various Councils. However, the Hon Minister did not inform the Political Parties which special interests their parties would represent. The majority of the
Special Interest Councillors did not bring in any special interest to the
Councils. Instead the Special Interest Councillors appointed by the Minister to represent special interest groups in different local authorities come from one party. The following appointments of Special Interest
Councillors are a typical example:-
Chegutu Municipality
Martin Zimani, former Zanu.PF Mayor who lost ward 12 Zanu.PF primaries.
Chasauka, former Deputy Mayor who lost Ward primaries to MDC Councillor Edias Ticharwa.
Ms. Chahwanda lost Zanu.PF primaries.
Mutare Municipality
Esau Mupfumi, Zanu.PF Central Committee member who lost Mutare Senatorial seat to the MDC.
Misheck Mugadza, a former commissioner of Mutare appointed after the sacking of MDC Mayor Misheck Kagurabadza.
Tapiwa Matangaidze, Zanu.PF provincial secretary for transport in Manicaland Province.
Harare Municipality
Torongo Hieronymo, Zanu P.F Secretary for Harare Provincial
Kuchekwa Kizito, losing Zanu PF candidate for High field West in the Parliamentary election.
Ushewekunze Abicia T
Magwalaba Thembinkosi, a ZANU PF sympathetic lawyer
Nyachowe Charles Chairperson of AAG
Sasha Jogi
Allana Hanif Moosa
Mainos Mudukuti
Shingai I Mutumbwa
Marufu Lisbon, Loosing Zanu.PF candidate in Chitungwiza
Tom S Alfred
Makoni Rural District Council
Monica Chinamasa, Wife of Patrick Chinamasa, ZANU PF
Politburo member and Minister in the Inclusive Government.
Chief Chipunza
Chief Makoni
Chief Chuduku who is also a Senator.
Chief Chikore
Doctor Zata
Buhera Rural District Council
Pasipanodya Chiturike lost Ward 8 to MDC’s Peter Madzivenyika
Henry Kujinga who lost Ward 23 to MDC’s Tongesai Zvavamwe
Nelson Mahamba
Abigail Musarurwa a ZANU PF women’s league activist in the
Province
Desmond Ncube
Chief Makumbe
Chief Nyashanu
Chief Chamutsa
Zvimba Rural District Council
Peter Nyizira, Former ZANU PF councillor who lost Ward 23 to
MDC’s Emmanuel Chinanzvavana
Lancelot Zviringwe lost in Ward 22 ZANU PF to Fani Tempo
Gokwe Town Council
Davison Masvisvi ZANU PF District Chairman for Gokwe centre who lost Ward 5 to MDCs Liphius Mutegwe
Jefrey Runzirai
5.7 That there is need to investigate the behaviour of the councillors on one hand and the Hon Minister`s way of handling issues in the ministry.
5.8 Your Committee wondered as to the special interest represented by the Chiefs. It was surprising how a chief could be a councillor at the same time and your Committee strongly feels that these are anomalous situations that need to be redressed.
6.0 RECOMMENDATIONS
6.1 Your Committee is also concerned that cases of maladministration within councils seriously undermine service delivery within the local authorities and therefore recommends the following:- (a) That the Minister practice professionalism in the administration of Council affairs by ensuring that the law is not applied selectively.
(b) That Special Interest Councillors should truly represent interests of special groups in their various local authorities regardless of their political affiliations.
(c)that in the interest of justice, transparency and integrity the Hon. Minister should seriously consider the interest of the people by ensuring that they are not served by dysfunctional local authorities and that those acquitted by the Courts are reinstated as a matter of urgency.
(d) That due tender processes must be complied with in the case of all local authorities.
- That in the interests of true representation in Councils, Chiefs numbers must be limited.
- That continuous training of Councillors should be ongoing so that the councillors understand the operation vis-a-vis the council
- That mechanisms, should be reinstated as ordered by the committee.
7.0 CONCLUSION
7.1Your Committee is of the considered view that the Ministry would scrutinise this report and come up with remedial action which will enhance service delivery and operations of the local authorities country wide.
- CHEBUNDO: Thank you Mr. Speaker for affording me the
opportunity to contribute to this important report by your Committee. I do not belong to this Committee but I found the report to be very much interesting and important that I need to add my voice.
Given the importance of the lower tier level of Government, the local Government, I believe hon. members will agree with me that there is need for us as a country to be serious when it comes to putting arrangements that facilitate the good management of the lower tier level of our Government. This is especially important for development and therefore, its management in my view, both at ministerial level and at the lower tier level, needs to be put in such a good arrangement. A thing that has been raised by the Committee should not be seen to be obtaining on the ground again.
The first point Mr. Speaker is that, our hon. minister, who the report is addressing after giving evidence to the Committee, in my view I want to thank the Committee first and foremost, for bringing the minister to the table. The minister is known for absenting himself from Parliament. You will agree with me that for the past whole term, Parliament has been seized with questions put forward for the minister but he was not turning up. Members were concerned and at several meetings that issue was raised? So, for the Minister to have come before the Committee, I think we want to thank the Committee for achieving
that.
The second thing is that, there are quite a number of issues that came out. I will quickly think along the lines on the fact that in the local Government laws or Acts, they are known everywhere that they give so much powers to the minister. He ends up, in my view, doing the things that have been mentioned here such as the way he handles the issues of corrupt councillors and councils. The Committee discovered that he managed to handle several of these cases selectively. Some seem to have been pardoned and others seem to have been left to go off the hook even after the courts found them wanting in terms of their dealings.
One would quickly look at the issues along the political lines. As mentioned in the report, the minister in my view, was biased because he would go for councillors, for example, for the party of excellence. MDC councillors who were found wanting by his party in Chitungwiza and were fired for corrupt activities, the minister would come to their protection. But, at the same time if you go to the councillors that have been mentioned by the Committee who belonged to ZANU PF, even where the courts have found them guilty, the minister will still pardon them or reinstate them.
That alone is an indication of the kind of a minister, who in my view, did not do or perform well regarding the management of the sector ministry itself. Mr. Speaker Sir, when I read in the papers in the past, when the print media was trying to rank the ministers according to their performance for the past term of office, I wonder why Minister Chombo was not put at the top most of the worst performing ministers? That is, in view of all these things that are now coming out of the reports and we know he performed along those lines.
Mr. Speaker, I have a case of corruption from my constituency. The Finance Director of Kwekwe Municipality was proved by the local governing body and by his council to have abused more than $230 000. There was glare evidence being put across and the council decided after making some enquiries to dismiss such a corrupt person. The Finance Director entrusted with the money of the community, abused them and the council decided to dismiss him. The local governing body which is in the Urban Councils Act and has powers similar to those of courts, found him guilty and dismissed him. Then, the minister would bring back the Finance Director simply because he was in the structures of
ZANU PF at provincial level.
If it was not for the intervention of this Member of Parliament and communities of Kwekwe who took the minister to the High Court, that Director would have been reinstated. But finally, of course we stood our ground at the High Court and paved the way for the dismissal of that corrupt person. That is again one of the examples of how the minister handled issues of corruption with selective approach which has been alluded to by the Committee. I think I will continue to say the minister was the worst performer in terms of making sure that the sector Ministry was run professionally and without interference.
Mr. Speaker, the issue of special interest councilors has been actually alluded to by the Committee. I think it is one area that I just want to share with the hon.members that you did a very good job by bringing in a Constitution that brought devolution. With devolution, it means some kind of more democratisation of processes that manage local government to ensure that people will participate with less interference from those who would have been appointed to run the ministries. In my view, that will facilitate for more development to be achieved in this country because development starts at the lower level of Government tier and this is the local government level. So, one would want to give credit to Parliament of Zimbabwe and credit to people of Zimbabwe for coming up with a Constitution that will put paid to arrangements like the one that was there which gives the minister unlimited powers to abuse public and local government.
I want to thank you, Mr. Speaker Sir, for giving me this time to add my voice along the lines of the important report presented to your Parliament by your very able Committee led by Hon. Karenyi.
- S. MUSHONGA: In Mazowe Rural District Council, the councilors in the Tender Committee awarded tenders to themselves. They were arrested, they are under prosecution and there is no suspension. The Chief Executive Officer who approved this award of tenders to sitting councilors who are members of the Tender Committee is under prosecution and he has never been suspended.
We have raised this with the minister but we know why they are not being suspended. They belong to a certain political party. If this scenario was operational in Harare or Bulawayo, I can rest assure you that these councilors would be suspended or dismissed. We are not talking of issues which have happened now; this is something which has happened before 2008, which is in court. Nothing is being done because there is always a blind eye turned to some corrupt activities by councilors who belong to a certain political party.
We want the minister when he is exercising his ministerial powers to act across the political divide. We want the Minister of Local Government not to entertain any corruption in councils. It is very unfortunate that because of this selective application of the law or attitude of the minister, it is helping to breed corruption.
Most Rural District Councils are working to pay themselves official salaries. There is no development in Rural District Councils. It is very unfortunate and we want to urge the minister, hopefully that after the 29th of June we have an election and a new minister who will probably go by the book and who will apply the law without any fear or favour.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF CONSTITUTIONAL AND
PARLIAMENTARY AFFAIRS: May I move that Order of the Day, Number 5 be stood down until all the other Orders of the Day have been disposed of. Whilst I am on my feet, may I move that Order of the Day Number 2 which had been stood down earlier on be dealt with?
Motion put and agreed to.
MOTION
FIRST REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON
THE REPORT OF THE COMPTROLLER AND AUDITOR
GENERAL ON THE MANAGEMENT OF DAM PROJECTS BY THE
ZIMBABWE NATIONAL WATER AUTHORITY
- CHINYADZA: I move the motion standing in my name that
this House takes note of the First Report of the Public Accounts
Committee on the Report of the Comptroller and Auditor General on the Management of Dam Projects by the Zimbabwe National Water Authority.
- S. MUSHONGA: I second.
- CHINYADZA: I rise to present the First Report of the Public
Accounts Committee on the report of the Comptroller and Auditor General on the management of dam construction and water supply projects by the Zimbabwe National Water Authority code named ZINWA.
The report was presented to Parliament in February 2013 and it is my fervent hope that all members of this august House have had ample time to go through our report and are prepared to vigorously debate the findings of this for the good governance of Zimbabwe and an enhanced service delivery by the parastatal. Accordingly, I will summarise the findings of the Committee and hope that members of the House will pick up the pieces in the debate of this invaluable service provider in our nation.
Objectives
The examination of the ZINWA Audit Report by the Public Accounts Committee was motivated by the following twin objectives:
- i) To provide an in-depth analysis of the CAG’s audit findings and to expose the underlying causes and issues circumscribing poor service delivery by ZINWA and ii) To recommend appropriate corrective action which may facilitate the implementation of efficient and effective management tools on dam construction and water supply projects by ZINWA.
Methodology
In evolving its recommendations the Public Accounts Committee received oral and written submissions from ZINWA itself, State
Procurement Board, Infrastructural Development Bank, Zimbabwe Institute of Engineers and also the private contractors who were contracted to undertake dam construction and water supply projects under the management of ZINWA.
Findings
- Projects taking too long to be completed
The audit found out that between 2004 and 2009 ZINWA was managing 14 dam projects and at the time of audit all had exceeded their target dates of completion by periods ranging from one to six years and only 3 were near completion (viz Matezva 99%, BubiLupane 65% and Tokwe Mukorsi 60%).
These unacceptable delays were predicated on four factors:
- Inability to prioritise projects
- Incompetence of contractors
- Payment problems to contractors
- Scarcity of technical skills to monitor project implementation.
The consequences of these horrendous delays not only reflected themselves in the fettered service delivery and hence lost decades of socio-economic development to ordinary Zimbabweans, but also stultifying increases in project costs relating to interest costs, penalties, stand-in time for machinery and inflation.
- Failure to Select Competent Contractors
Written submissions availed to the Committee shows that the slow progress at Mutange Dam currently at 32% completion was attributed to lack of adequate capacity of the main contractor, New Civils, who has since sub-contracted its work to Multi force. The project commenced in 2002 and was targeted for completion in December 2013.
The major problem which is exacerbating the failure to select competent contractors is the inadequate legal provisions which fail to confer the ultimate responsibility of choice of contractors between the State Procurement Board and ZINWA. The SPB is responsible for only the adjudication of tenders but not implementation which is done by ZINWA. The problem arises when the SPB opts for a tenderer who has no discerned capacity and deems that its responsibility ends there, yet ZINWA would have recommended differently. The result is that contractors who have a poor record with ZINWA continue to be awarded contracts by SPB. This compromises the project implementation.
AWARDING TOO MANY CONTRACTS TO ONE COMPANY
Audit revealed that contracts were being awarded to companies already working on other projects regardless of how well they were performing on projects already in-house.
DELAYS IN PAYMENT OF WORK DONE
Numerous projects were experiencing work stoppages ranging from 8 – 11 months due to non-payment of work done. As a result, contractors experience serious cash flow problems as Treasury fails to pay as promised.
IN HOUSE PROJECTS FOR WATER SUPPLY
The audit revealed that most water supply stations and pump houses were NOT adequately equipped. It was observed that ZINWA inherited 500 which needed rehabilitation but was NOT allocated the requisite funds to make these operational. Some of these pumps were over 20 years old and could not be rehabilitated and hence needed funds to acquire new pumps, which funds were not made available. Compounding this funds problem is the resistance ZINWA is getting from consumers who are reluctant to pay for the service provided. By 6 June 2012, ZINWA was owed over $100 million with the main debtors being irrigators/farmers, domestic consumers, local authorities and government.
RECOMMENDATIONS OF COMMITTEE
Having made the observations referred in this report, the PAC made the following recommendations:
- In order to facilitate project completion, the Committee recommends that the ministry and Parliament should concentrate only on projects which can be completed with the resources available in a given time frame. Projects of national priority but without adequate funding should be considered under other financing options such as PPPs, Build, Operate and Transfer (BOPT); and Build, Own, Operate and Transfer (BOOT).
- With regards to selection of incompetent contractors, the Committees sees no role for corruption in the awarding of contracts and therefore recommends that competence should be the funding principle in awarding contracts;
- With regards the Problem of awarding too many contracts to one company, the Committee recommends that ZINWA and SPB, should award contracts only to companies that are financially sound and have the requisite skills and equipment to implement the projects within the stipulated time frame;
- The committee observed that there are a number of dams throughout the country whose water is NOT fully utilized due to lack of infrastructure to ferry the water to the point of use. In this context the Committee recommends that ZINWA should accord the highest priority to projects which distribute the water so harnessed to point of use. Accordingly, their project planning should include all stages from water harnessing, water distribution and billing;
- With respect to funding problems in ZINWA, the Committee DOES NOT condone a situation where Government sets up a parastatal but does not allocate it sufficient funds to enable it to meet its mandate. In this context, water is a matter of life for all people in Zimbabwe and this service cannot be left to the highly incapacitated parastatal to perform to MDG targets without adequate funding. Hence Treasury, as a matter of priority, allocates sufficient funds for ZINWA to procure the pumps it needs;
- Finally, water charges are not in tandem with usage levels. Accordingly, ZINWA should put in place a billing system that is linked to actual use and the opportunity cost of water. Further ZINWA should diversify its revenue base by exploring other cash generating services in the resources they operate. I thank you Mr.
Speaker.
- CROSS: I rise to speak to this particular motion because it is very important. I recently had an opportunity to look at two projects being managed by ZIMRA. One of them is Tokwe-Mukorsi and the other one is the Mtshabezi. In the case of Tokwe-Mukorsi, the Budget and Finance Committee went to the site in the afternoon at 3.00 p.m. The engineer in charge of the projects from ZIMRA was in an air conditioned office with his shirt off and surrounded by empty beer bottles.
No other members of ZIMRA were on site. They had already left for the weekend. We then proceeded to inspect the actual site. Mr. Speaker, I have been in business for nearly 50 years. I have never seen a construction site in such a mess. The foreign constructors on site, one engineer from Sulini said they were doing this on site but every house was based there. This project was initiated in 1998 – 1999 as a joint venture with the sugar companies in the Low veldt. At the same time, sugar companies offered to build this dam in return for access to the water for expansion purposes.
That offer was turned down by the state and the Ministry of Water was given the responsibility of draping this dam. This dam has now cost three times its original estimated cost and it remains 60% complete. We are now entering into a phase which is extremely critical, that it is the largest dam in Zimbabwe after Kariba. It will be five times the size of Kyle. It is a big dam with a huge wall. The wall is nearing 90 metres high. It is being constructed on a rock fall basis which means that the concrete slab which is cast in the front of the dam, will determine its impermeability. When the contractor starts sealing the river which he has started to work on, I understand that the river has been coursed off now and the water has been diverted to the tunnel. They are entering into a phase where the work cannot stop. Once you start pouring concrete, you have to continue until it is completed day and night. This is essentially a function of availability of funding.
Mr. Speaker, if the country does not have the resources and you have allocated US$50 million to Tokwe-Mukorsi in this current year, if the country does not have the resources to fund such projects properly, then we should borrow the money on a short-term basis and make sure that the contractor has adequate resources and until the project is complete. I want to inform the House Mr. Speaker that, if there is any interruption in the pouring of concrete at Tokwe-Mukorsi, it will put the entire project in jeopardy.
We may have spent about US$120 million or US$150 million on real estate which we were going to think was going to be flooded and then it will destroy most of the wall because of dam breaks. This is not saying that this is not hypothetical, this is a reality. In addition to this Mr. Speaker, it is critically important that we have these projects supervised properly by professional engineering firms. It is a common practice in this country that when a project of this magnitude is undertaken, a professional firm is paid on commission basis to supervise the tendering, supervise the contraction and in the end being satisfied that the work is being done to the satisfaction of the contractor. In this case we have ZINWA supervising the contractor and ZINWA is incapable of performing that function that is the reality. They do not have the skills, they do not have the experience and they simply do not have the capacity to supervise a sophisticated contractor like Celine from Italy. This is extremely dangerous. This is a very serious issue.
The second project is the Mtshabezi Project. Mtshabezi dam has about 52 million cubic meters of water in it. It has not been empty since it was constructed and the dam was closed. Bulawayo is once again facing a critical water shortage. Already Ncema dam has been decommissioned. Next will be the Nyanguni Dam followed by lower Ncema and then Umzingwane.
The position in Bulawayo today is worse at this time than it was last year. We face a situation in Bulawayo where if nothing is being done urgently about this situation, Bulawayo is not going to be able to provide the basic needs of its people by the end of this year, by October. We need 100 000 cubic meters of water a day in Bulawayo to meet basic minimum needs and that is 30% less than water we need at full supply. At 100 000 cubic meters a day much of Bulawayo high density townships are without water and are supplied by a tanker or by boreholes. In the face of this, ZINWA was given authority to proceed with a pipeline project from Mtshabezi Dam to Umzingwane, some 32 kilometers. They awarded the contract to a Chinese company. This was not funded with Chinese money, it was funded with our money, allocated by this House, initially in a grant of US$35 million. I can tell you that that is a very, very huge contract. The company completed the project but we had to allocate it more money. We gave it another US$5 million. In October last year, they completed the two pipelines and in opposition to what our local engineering firm had recommended, it had recommended cement pipes. They installed two plastic pipes. The plastic imported from South Africa. The Chinese contractor completed the pump station and the Minister of Water went to the site to open the project on the 24th October, 2012. He found the project completed. He went into the pump station and he asked how to turn on the pumps to see if they were operational and he was informed Mr. Minister, there is no electricity. This is true, the Minister then returned to Harare and phoned his colleague in the Ministry of Energy and said what can you do?
ZESA brought a power line to Mtshabezi 72 kilometers from Gwanda and he did this in six weeks.
This shows utter incompetence on the part of ZINWA. Here we have got a project which has cost US$40 million and the situation is that last month Mtshabezi was delivering between three and five thousand cubic meters of water a day to Bulawayo. The design capacity of the system is 17 000 cubic meters of water per day. So, they are operating at 30% of design capacity, no explanations were given nor the reasons on why it is not performing, the contractor is now here on sight.
Now if you just take these two projects, I do not understand, if you take the Aquifer project to most of Bulawayo which has a design capacity on two Aquifers to provide like 20 000 cubic meters of water a day to Bulawayo. It is supplying between 1 000 and 2 000 cubic meters of water a day. It is operating at less than two percent capacity. We have spent US$5 million there in the last six months without any improvement in performance. We have refurbished the Aquifer system not less than four times in the last ten years. Every time there is a crisis, we put more money in. It is managed by ZINWA. The Minister refuses to pass the management to the Bulawayo City Council which at least has some competence.
Mr. Speaker, how much longer are we going to go on tolerating this kind of incompetence? The fundamental principle is that any project worth more than US$5 million should have a professional consulting engineer appointed to manage the project. He should report to the Ministry of Water and to ZINWA if it is necessary and ZINWA will still be the financing agent but they do not have the competence. They cannot afford the competence of the kind of people who should be looking after these projects on our behalf. This is an extremely important motion and I hope that the other hon. members in the House will support this in the strongest possible terms. Thank you.
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS: I move that the debate do now
adjourned.
Motion put and agreed to.
Debate to resume: Wednesday, 5th June, 2013.
On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Twenty
Four Minutes past Three o’clock p.m.