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NATIONAL ASSEMBLY HANSARD 01 DECEMBER 2016 43-19
PARLIAMENT OF ZIMBABWE
Thursday, 1st December, 2016
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
COMMITTEE STAGE
LAND COMMISSION BILL [H. B. 2, 2016]
First Order read: Committee Stage: Land Commission Bill [H. B.
2, 2016].
House in Committee
Clauses 1 to 6 put and agreed to.
On Clause 7:
THE DEPUTY MINISTER OF LANDS AND
RURAL RESETTLEMENT (HON. CHIKWAMA): I move the
amendment standing in my name that on page 11 of the Bill, insert at the end of sub-clause (1) the following words in line 6 “in accordance with
Section 323 of the Constitution”:
Amendment to Clause 7 put and agreed to.
Clause 7, as amended, put and agreed to.
Clauses 8 to 13 put and agreed to.
On Clause 14:
THE DEPUTY MINISTER OF LANDS AND
RURAL RESETTLEMENT (HON. CHIKWAMA): I move the
amendment standing in my name that on page 14 of the Bill, in subclause (1), delete in lines 24 and 35 the words “the Commission is of the opinion that” and substitute “the Commission considers that”.
On page 14 of the Bill, in sub-clause (1), delete from line 40 the words
“the Commission shall report its opinion, together with its reasons” and substitute “the Commission shall report its findings”.
Amendment to Clause 14 put and agreed to.
Clause 14, as amended, put and agreed to.
Clauses 15 to 23 put and agreed to.
On Clause 24:
THE DEPUTY MINISTER OF LANDS AND
RURAL RESETTLEMENT (HON. CHIKWAMA): I move the
amendment standing in my name that on page 18 of the Bill, in line 4, delete the words “Applications for leases” and substitute “Applications for 99 year leases”
On page 18 of the Bill, in line 5, delete the words “No lease in respect of Gazetted or other State land” and substitute “No 99-year lease in respect of Gazetted or other State land”
Amendment to Clause 24 put and agreed to.
Clause 24, as amended, put and agreed to.
Clauses 25 to 60 put and agreed to.
On Clause 61:
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA): I move the amendment
standing in my name that on page 41 of the Bill, in the proviso to sub clause (3), delete in lines 37 and 38 the words, “and such opinion shall (subject to subsection (5)) be conclusive of the question of law”. On page 41 of the Bill, delete subclause (4) between lines 39 and 41 and substitute the following subclause:
“(4) An aggrieved party may seek judicial review of any decision of the Minister on an appeal affecting him or her”.
Amendment to Clause 61 put and agreed to.
Clause 61, as amended, put and greed to.
On Clause 62:
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA): I move the amendment
standing in my name to insert a new clause.
New Clause inserted after Clause 62
On Page 42 of the Bill, insert after Clause 62 the following Clause, the subsequent Clauses 63, 64, 65 and 66 becoming Clauses 64, 65, 66 and 67 respectively:
Amendment to new Clause 63 put and agreed to.
New Clause 63, as amended, put and agreed to.
On Clause 63:
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA): I move the amendment
standing in my name that;
“63 Purported alienation of gazette or other State land.
A person who purports, otherwise than in accordance with the express terms of a lease or permit, or without the written authorisation or consent of the acquiring authority, to allocate, allot, distribute, transfer, apportion, assign, subdivide, distribute, sell, dispose of, donate or otherwise alienate any gazetted or other State land, shall be guilty of an offence and liable to a fine not exceeding level seven in respect of each identifiable piece or portion of such land thus unlawfully dealt with, or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment, ndozvandogona.
HON. MAONDERA: Thank you Mr. Chairman. I applaud that
clause, but given the scourge of land barons who are taking land and duping unsuspecting residents of their hard earned cash, I think the period of imprisonment of two years is too lenient. I thought you were going to make it 10 years to make sure that – [AN HON. MEMBER: Asi uri land baron?] – - [HON. MEMBERS: Inaudible interjections.] –
THE DEPUTY CHAIRPERSON: Order, Hon. Members. Let
him speak.
HON. MAONDERA: To make sure that people are not duped
because if you go throughout the country, we have got a plethora of cases of residents who lost their hard earned cash. So, I thought the Ministry or the Minister was going to make it tough for those who are caught on the wrong side. It is my plea that you review the sentence to safeguard people from falling prey to land barons. Thank you.
THE DEPUTY MINISTER OF LANDS AND RURAL
RESETTLEMENT (HON. CHIKWAMA: Thank you Hon. for your
advice but I just want to inform you that this Bill is much concerned about agricultural land. When we talk about urban, it is dealt with by Local Government, Public Works and National Housing. You know our people in the rural areas, we cannot put such stiff punishment on them. Land barons usually are found in the urban areas. Thank you.
HON. MUNENGAMI: Through you Hon. Speaker, the aspect of
agricultural land which the Hon. Minister is talking about also includes State land. The issue which the Hon. Member was talking about; yes it might be in urban centres but we do also have State land where the same problems are actually happening vis-a-vis what the Hon. Member was talking about. These are the issues which we also feel must be included. I can give you an example at Nyatsime, near Chitungwiza. It is State land; it is agricultural land but people have turned it into urban dwelling; building houses and all these other issues. So, at the end of the day, it does not necessarily matter whether it is agricultural land or it is urban land because there is no difference in as far those issues are concerned now. Thank you.
HON. CHIKWAMA: Thank you Hon. Munengami for your
information. I just want to inform you that the land you are talking about is under Local Government, Public Works and National Housing. Ministry of Lands and Rural Resettlement only deals with agricultural land. When the local authority, the urban or the City Council want to use agricultural land for the purpose of development of the urban area, they make an application to the Ministry of Lands and Rural
Resettlement, then the Ministry of Lands and Rural Resettlement hands over that land to the Local Government. What the Ministry of Local Government, Public Works and National Housing does with that land is none of our business. We only deal with agricultural land. When we release that land to Local Government, Public Works and National Housing, we are no more in control. I thank you.
*HON. MUNENGAMI: Hon. Speaker, what I am trying to put
across is that we are saying agricultural land is under the Ministry of Lands and Rural Resettlement, the land which we are talking about is under the same Ministry. We are saying before that piece of land is given to the Ministry of Local Government, Public Works and National Housing, that is where we have our problems. Hon. Chinotimba is saying I am talking nonsense. So, he is saying that whatever we debate in this House is nonsense.
*THE DEPUTY CHARPERSON: Hon. Chinotimba, could you
please withdraw your statement that he is talking nonsense?
*HON. CHINOTIMBA: Hon. Speaker, I never said that. I was
talking about squatters, that squatters are difficult to be under any law. I am very quiet. I am only saying a squatter is an illegal settler wherever he is and therefore cannot give them any law to follow.
*HON. MUNENGAMI: Let us continue, we cannot stop progress
because of trivialities which have been said. Minister, before land is taken from the Ministry of Agriculture or Lands to Local Government, we should take care of what the land barons are doing because they are even disposing of State land, selling to unsuspecting people. Hence we are calling for stiffer penalties for these land barons because we have a lot of people who have lost money to these land barons. I can give an example of what is happening on State land in Glen Norah. People are now constructing houses on State land. It is not council land, that is why we are calling for a stiffer penalty to deter such acts.
*HON. CHIKWAMA: Thank you Hon. Munengami for what you
are saying. Let me say that the places you are talking about, Chitungwiza or Glen Norah; all those lands whether they are State or council, we have the Ministry of Local Government, Public Works and National Housing and the Ministry of Lands and Rural Resettlement that can occupy State land. As a result, there is separation of powers and we have to inform the Ministry of Local Government, Public Works and National Housing so that they can take steps of fighting this problem. In our case as Ministry of Lands and Rural Resettlement, we have had even Press Statements and we said measures will be taken against people who are illegally settled. Those who do not have letters of occupation which come from Ministry officials, as a Ministry, we are going to deal with such persons.
HON. MAJOME: Thank you Hon. Chairperson for allowing me
to also add my voice to the debate. I rise to also support the contention by Hon. Maondera, pertaining to the import and implications of the proliferation of land barons on lands. I agree with Hon. Maondera because while the Constitution indicates that the Land Commission will pertain to agricultural land, what I want to hope that the Hon. Minister will pay attention to, is to the specific provisions of the Constitution that define what agriculture land is. This is found in Section 72 which is defined as land used or suitable for agriculture that is to say for horticulture, viticulture, forestry, aquaculture or for any purpose of husbandry including … and then it mentions various kinds of agricultural activity. In this particular case Mr. Speaker, I want to believe that while the Hon. Minister might expend a demarcation between the authority of her Ministry and that of the Ministry of Local Government, Public Works and National Housing, all the same it is a trite fact that agricultural land can indeed be converted to residential land.
I will give an example, just here near Harare in the Bromley and Ruwa area, there are farms which have always been farms but because of the growth of Harare and so on; even if you look at the lucrative nature of residential land, there have been even reports in the press where some people who have power over that land are allocating it for conversion and sub-division into residential plots. There are even fights in Ruwa around issues like that.
While it is still agricultural land but on agricultural land, it is actually possible to build cluster houses and flats and all manner of things like that. There are ordinary Zimbabweans who are being fooled and have had their money taken and who can still be taken advantage of. I hope that the Hon. Minister will leave room to protect those people who can still be swindled of their money on developments of agricultural land. We cannot rule the fact out that even on agricultural land, it is possible to develop it into residential tenements and is actually a very fertile area for land barons who can still be scrupulous and take advantage of people’s hard earned money, even on agricultural land.
HON. CHIKWAMA: Hon. Majome, I have heard your point. I am going to discuss the issue with the Hon. Minister. I just want to inform you that you can see land as under agricultural land but in the documents that are at the offices, they are already under the Ministry of Local Government, Public Works and National Housing. As far as
Karigari Farm, it is also under the Ministry of Local Government, Public Works and National Housing, only when you see it you think it is land for agriculture but it is not, because there are some application which have already been made and the approvals which have already been made –
[HON. MEMBERS: Inaudible interjections.] – I said her points are noted and I will inform my boss. Thank you.
Amendment to Clause 63 put and agreed to.
Clause 63, as amended, put and agreed to.
Clauses 64, 65, 66 and 67 put and agreed to.
First, Second, Third, Fourth and Fifth Schedules put and agreed to.
House resumed.
Bill reported with amendments.
Bill referred to the Parliamentary Legal Committee.
MOTION
BUSINESS OF THE HOUSE
HON. RUNGANI: I move that Order of the Day Number 2 be
stood over until the rest of the Orders of the Day have been disposed of.
HON. KWARAMBA: I second.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the Presidential speech.
Question again proposed.
HON. RUNGANI: I move that the debate do now adjourn.
HON. MUKWANGWARIWA: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 6th December, 2016.
MOTION
RESTORATION OF THE MOTION ON THE SECOND REPORT OF
THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE, LABOUR
AND SOCIAL WELFARE ON THE WORKING CONDITIONS AT
THE HWANGE COLLIERY COMPANY LIMITED, NATIONAL
RAILWAYS OF ZIMBABWE AND DETE REFRACTORIES ON THE
ORDER PAPER
HON. KWARAMBA: I move that the motion on the Second
Report of the Portfolio Committee on Public Service, Labour and Social
Welfare on the working conditions at the Hwange Colliery Company Limited, National Railways of Zimbabwe and Dete Refractories which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. TARUSENGA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE, LABOUR
AND SOCIAL WELFARE ON THE ADMINISTRATION OF THE
BASIC EDUCATION ASSISTANCE MODULE (BEAM) ON THE
ORDER PAPER
HON. KWARAMBA: I move that the motion on the First Report of the Portfolio Committee on Public Service, Labour and Social
Welfare on the Administration of the Basic Education Assistance
Module (BEAM) (S. C. 2, 2016) which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. MPARIWA: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE THIRD REPORT OF
THE PORTFOLIO COMMITTEE ON TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT ON THE OPERATIONS OF
AIR ZIMBABWE ON THE ORDER PAPER
HON. NDUNA: I move that the motion on the Third Report of the Portfolio Committee on Transport and Infrastructural Development on the Operations of Air Zimbabwe which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. CHIMANIKIRE: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE PORTFOLIO COMMITTEE ON TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT ON CAUSES OF ROAD
CARNAGE ON THE ORDER PAPER
HON. NDUNA: I move that the motion on the First Report of the
First Report of the Portfolio Committee on Transport and Infrastructural Development on Causes of Road Carnage (S.C. 1, 2014) which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. CHIMANIKIRE: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE SECOND REPORT OF
THE PORTFOLIO COMMITTEE ON TRANSPORT AND
INFRASTRUCTURAL DEVELOPMENT ON THE OPERATIONS OF
NATIONAL RAILWAYS OF ZIMBABWE ON THE ORDER PAPER
HON. NDUNA: I move that the motion on the Second Report of the Portfolio Committee on Transport and Infrastructural Development on the Operations of National Railways of Zimbabwe which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. CHIMANIKIRE: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE FIRST REPORT OF
THE PUBLIC ACCOUNTS COMMITTEE ON THE EXAMINATION
OF THE GRAIN MARKETING BOARD (GMB) VALUE FOR
MONEY AUDIT REPORT AND AUDITED ACCOUNTS FOR THE
FINANCIAL YEARS ENDED MARCH 2011/ 2012/ 2013 AND 2014
ON THE ORDER PAPER
HON. MPARIWA: I move the motion standing in my name that;
The motion on the First Report of the Public Accounts Committee on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report and Audited Accounts for the Financial years ended March 2011/2012/2013 and 2014 (S.C. 15, 2015), which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 73.
HON. MARIDADI: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE SECOND REPORT OF
THE PUBLIC ACCOUNTS COMMITTEE ON THE ANALYSIS OF
THE FINDINGS OF THE AUDITOR GENERAL ON THE 2013
APPROPRIATION FUND AND STATE ENTERPRISES AND
PARASTATALS ACCOUNTS ON THE ORDER PAPER
HON. MPARIWA: I move the motion standing in my name that;
The motion on the Second Report of the Public Accounts
Committee on the analysis of the findings of the Auditor General on the
2013 Appropriation Fund and State Enterprises and Parastatals Accounts (S.C. 6, 2016), which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. MARIDADI: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON THE THIRD REPORT OF
THE PUBLIC ACCOUNTS COMMITTEE ON THE FINDINGS BY
THE AUDITOR GENERAL ON THE 2014 APPROPRIATION
ACCOUNTS FOR THE MINISTRY OF FINANCE AND ECONOMIC
DEVELOPMENT AND OTHER STATEMENTS UNDER ITS
PURVIEW ON THE ORDER PAPER
HON. MPARIWA: I move the motion standing in my name that;
The motion on the Third Report of the Public Accounts Committee on the findings by the Auditor General on the 2014 Appropriation Accounts for the Ministry of Finance and Economic Development and other Statements under its purview (S.C. 16, 2016), which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. MARIDADI: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON BLOOD SUBSIDIES IN
PRIVATE AND PUBLIC HOSPITALS ON THE ORDER PAPER
HON. NDUNA: I move the motion standing in my name;
That the motion on the prohibitive cost of blood in both public and private hospitals, which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 73.
HON. CHIMANIKIRE: I second.
Motion put and agreed to.
MOTION
RESTORATION OF THE MOTION ON HARMONISATION OF
LAWS TO IMPROVE THE LIVES OF PERSONS LIVING WITH
DISABILITIES ON THE ORDER PAPER
HON. NDUNA: I move the motion standing in my name that the motion on Mainstreaming Disability, which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order Number 73.
HON. CHIMANIKIRE: I second.
Motion put and agreed to.
On the motion of HON. RUNGANI seconded by HON.
MUKWANGWARIWA, the House adjourned at Twenty Seven
Minutes past Three o’clock p.m. until Tuesday, 6th December, 2016.