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NATIONAL ASSEMBLY HANSARD 01 JULY 2021 VOL 47 NO 65

PARLIAMENT OF ZIMBABWE

Thursday, 1st July, 2021

The National Assembly met at a Quarter-past Two O’clock p.m.

PRAYERS

(THE HON. SPEAKER in the Chair)

HON. KWARAMBA: Thank you Mr. Speaker Sir.  My point of privilege arises from the fact that on Tuesday, there was an announcement that there was going to be a workshop on the Institutional Gender Policy for all Members of Parliament.  I am very disappointed to say the attendance was very poor.  It shows that Hon. Members do not take gender issues seriously.  Thank you.

THE HON. SPEAKER:  Where was this supposed to be?

HON. KWARAMBA:  It was virtual.

HON. MAVETERA:  Thank you very much Hon. Speaker Sir.  Just in relation to that, I even tried personally to look for the link but I could not find it.  We were unable to respond because we did not have the link.  We did not find it, so there was no way we could be able to get into the meeting.  Thank you Hon. Speaker Sir.

THE HON. SPEAKER:  Hon. Kwaramba, it is not really that there was an attitudinal problem.  Members could not link up and therefore were disabled to join in the Caucus discussion, but it is not all lost.  You can try second time perhaps, working with ICT ensuring that the link is clearly pronounced and given to all Hon. Members.  Do not despair.  Thank you.

HON. T. MLISWA:  Mr. Speaker Sir, I also tried to find out from other Members of Parliament especially the women.  Even on their own Caucus groups which she leads, there was no link.  So next time I implore her to first make sure that the link is on her group which she chairs and then it can go elsewhere because I checked with the women MPs and they said it was not there.  Thank you.

HON. S. BANDA:  On a point of order Mr. Speaker Sir.

THE HON. SPEAKER:  On another issue?

HON. S. BANDA:  On the same issue Mr. Speaker.

THE HON. SPEAKER:  You want to flog a dead horse?

HON. S. BANDA:  It is not dead Hon. Speaker.  What I just want to say is; the message was only in our e-mails but in our party groups it was not there.  That is why it did not circulate.  I was also disturbed because there were only three male Members of Parliament who attended that.  So I think really it has to go to the groups so that maybe our chief whips can give it to us, otherwise I was really disappointed that there were only three male Members of Parliament.

THE HON. SPEAKER:  So Hon. Kwaramba, you are highly supported.  It is a question of link.  I am sure that should be sorted out.  Do not give up.

*HON. MUTOMBA:  Thank you Hon. Speaker Sir.  My point of national interest is the reason why I am before this august House today. I spoke to you yesterday Hon. Speaker.  I really wanted to come here so that I could make this announcement.

I am very grateful because a day before yesterday as I was reading the news on social media, I saw that Qatar Airways was going to land for the first time at Victoria Falls on 6th August, 2021.  I saw how fortified you are in your resolve because you went to Doha.  You were leading a delegation of the IPU and you met with leaders of the Shura Council.  You had a discussion on issues to do with development that involves Zimbabwe and Qatar.

We came here and you wrote a report that I presented in this House which had several objectives that you discussed with the Shura Council that you had agreed to.  One of them was the issue of air travel between Air Zimbabwe and Qatar Airways so that Qatar Airways would fly to Zimbabwe.  You were inviting them to fly to Zimbabwe, in particular to the Victoria Falls destination.

After the motion had been presented in this House and the motion was well received by this august House, I then realised that the Hon. Speaker of Parliament’s delegation to Qatar was not in vain but was successful.  There are very few motions that are tabled in this House that are received and implemented at the end of the day – in ChiShona, zvaitwa.  

I want to express my gratitude to you Hon. Speaker for a job well done.  I would also want to urge other Government ministries and ministers to emulate what the Ministry of Transport and Infrastructural Development did so that it pleases members of the august House that the debates on motions being tabled in this august House are going to be implemented – that is my plea to the other Government ministries that they take a leaf from the Ministry of Transport and Infrastructural Development as regards the report that we tabled in this House, was followed up on and implemented.  I thank you for a job well done Hon. Speaker.

Hon. Speaker, do not give up, continue doing the good work.  You spoke about Zimbabwe being open for business, continue leading in that spirit.  I am sorry for vacillating - it is because I am not feeling well Hon. Speaker but I felt that it was imperative for me to come and talk about it because I touched about it – you felt very hard as I observed.  We really need to compliment you and express our appreciation and gratitude for what you have done.  The fruits of which we are now seeing Air Qatar going to land in Victoria Falls on 6th August, 2021.  I thank you, may I be excused Hon. Speaker.

THE HON. SPEAKER:  Thank you. I think we had Notices of Motions.  How many are they?  Three? I beg your pardon, perhaps I was too fast to go to Privileges.  Yes, please proceed.

HON. MAVETERA:  Thank you very much Hon. Speaker Sir.  I rise on a point of national interest Hon. Speaker Sir whereby I would like to congratulate Zimbabwe for also being part of 30th June, which is World Parliamentary Day since we have a Parliament here and are also part of IPU, we celebrate this day.

Hon. Speaker Sir, yesterday’s theme for World Parliamentary Day at IPU was the focus on youth whereby they were saying #Empowerment to youth.  Hon. Speaker Sir, I would really like to thank IPU for coming up with such a theme and I would like to say that they are also calling upon Zimbabwe to be a signatory to making sure that they have got at least 30%  of  young people within their Parliament and their next Parliament … - [HON. MEMBERS: Hear, hear.] –

Therefore, we are calling upon us as Zimbabwe to be able to sign to this; so that even as we are coming up to 2023, we will have at least a lot of young people coming into this Parliament.  I thank you.

THE HON. SPEAKER:  Thank you.  Hon. Mliswa, you were number four unfortunately, you will be the last one as we agreed.

HON. T. MLISWA:  Mr. Speaker Sir, my point of national interest is really from the State of the Nation Address by His Excellency.  I have observed unless I am wrong, I stand guided by you, the ministers have not responded.  I tried to follow it up again last year, there was no response and if I am not mistaken, probably one or two responded. To date, there has been no response on the State of the Nation Address, which is very important in aligning the vision of this country through His Excellency.  If ministers do not respond to that, what else are they doing in the offices?  We debate on it – there must be a response to the State of the Nation Address.

It is actually a mandate for them to respond to that because the principal would have given the vision and the debate would have been there.  What is the response?  So it is something that has been a bad culture on the ministers once again.  It is evident that they do not understand the function of this House and I think it is important that you also take them for another workshop that the State of the Nation Address is something that must be responded to.  I stand guided by you but I have not heard any minister responding to that Mr. Speaker Sir.  I thank you.

THE HON. SPEAKER:  Thank you very much.  It is a very key observation Hon. Mliswa, I have been very disappointed.  Only the other day, I called upon the Leader of Government Business and the Chief Whip to ensure that the Hon. Ministers respect first and foremost the nation to whom the address on the State of the Nation by His Excellency the President and Head of Government, who is also part of the legislature.  The Hon. Ministers have been hesitant to respond and very wrongly so.  This is a sign of disrespect to this House, to the Head of State and Government and is a sign also of disrespect for themselves, because they do not understand the constitutional provision in Section 107 (2) of the Constitution which peremptorily demands that every Vice President, Minister and Deputy Minister must attend Parliament and respond to questions concerning matters for which he or she is collectively or individually responsible. It cannot be clearer than that and I am hoping that the Leader of Government Business Hon. Ziyambi and Hon. Togarepi Chief Whip will prevail on these Hon. Ministers.  In the Eighth Parliament, only two Hon. Ministers responded and that was the Leader of Government Business, Hon. Ziyambi and the young upcoming Hon. Mangaliso Ndlovu.  Those were the only two in the Eighth Parliament.  It was a shame and it is still a shame.  I hope I will not pronounce it will be a shame in this Ninth Parliament that the Hon. Ministers do not take their Constitutional responsibilities exceptionally and religiously so.  I hope there will be a change this time.

MOTION

BUSINESS OF THE HOUSE

HON. MUTAMBISI: I move that Order of the Day, Numbers 1 to 7 on today’s Order Paper be stood over until Order of the Day, Number 8 has been disposed of.

HON. TEKESHE: I second.

Motion put and agreed to.

MOTION

CONDOLENCES ON THE DEATH OF FORMER PRESIDENT OF THE REPUBLIC OF ZAMBIA, HIS EXCELLENCY DR. KENNETH KAUNDA

HON. T. MLISWA: I move the motion standing in my name that this House;

EXPRESSES its profound sorrow on the untimely death, on Thursday, 17th June 2021, of the late former President of the Republic of Zambia, His Excellency Dr. Kenneth Kaunda;

PLACES on record its appreciation for the services, which the late former President of the Republic of Zambia, Dr. Kenneth Kaunda rendered to Zimbabwe and Africa at large; and

RESOLVES that its profound sympathies be conveyed to the Kaunda family, relatives and the people of the Republic of Zambia.

HON. DR. MASHAKADA: I second.

HON. T. MLISWA: Thank you very much Mr. Speaker Sir for your indulgence in allowing this important motion to be moved before the burial of the late Dr. Kenneth David Kaunda.  It is not a secret his contribution to SADC, Africa and the entire world.

Kenneth David Kaunda was born on the 28th April, 1924 at Luangwa Mission in Chinsali, Great Eastern Province of the then Northern Rhodesia and now Zambia, fondly and more popularly known as KK.  He was the youngest of the eight children born to parents who were both teachers with KK following in their footsteps to become a teacher.

KK’s father as well as being a teacher was a fully ordained church of Scotland Missionary whilst his mother was the first African woman to teach in colonial Zambia.  The Zambian politician and first President of independent Zambia served as the Zambian President from 1964 to 1991.  His entrance into the political arena was in 1949 when he became the founding member of the Northern Rhodesian African National Congress.  In 1955, Kaunda, together with Kumbula, were in prison for two months with hard labour for distributing subversive literature.

 Not satisfied with the leadership of NRANC, KK broke away and founded the Zambian African National Congress.  When Zambian National Congress was banned in 1959, Kaunda was sentenced to 9 months imprisonment which he spent first in Lusaka and then in Salisbury.  When he was released from prison in January 1960, he was elected President of the United Nations Independence Party (UNIP) and facilitated the so called ‘Chacha Campaign.’

As Zambian President, KK implemented several key education policies which saw all children given better access to education.  On that note, Zimbabweans at the time, because of the struggle, went to Zambia to further their education.  The likes of Hon. Sen. Tongogara went for teaching.  She was in the same class with my mother and various other people including His Excellency, Dr. E. D. Mnangagwa, who was also there studying law as we know.

As the Zambian President he also opened the University of Zambia in 1966 and became its Chancellor.  He was further instrumental in implementing a wide range of economic policies to enhance Zambia’s productivity and mineral resource sustainability.  Kaunda oversaw the acquisition of majority stakes in key foreign owned companies.  He also made them nationalised.

A firm advocate of Africa Socialism, he developed a left nationalist, socialist, ideology called Zambian humanism.  This was based on a combination of need, 20th Century idea of central planning; state control and he considered basic African values, mutual aid, trust and loyalty to community.  To elaborate his ideology, Kaunda published several books.  Kaunda’s administration was instrumental in serving as the role of the mediator between entrenched white minority and colonial Government and various guerilla movements which were aimed at overthrowing those respective administrations.

We know very well that during the struggle, a number of camps were in Zambia and as a result, we won the struggle.  That is how important he was in embracing Zimbabweans during the struggle at a time when no African leader could entertain such.

Beginning in the early 70’s, he began permitting the most prominent guerilla organisation such as ZANU and ANC to use Zambia as a base for their operations.  Former ANC President, Oliver Tambo even spent a significant proportion of his 30-year exile leaving and working in Zambia. Joshua Nkomo, ZAPU leader, had military encampments there as did SWAPO and its military wing – the People’s Liberation Army of Namibia.

We know very well that ZAPU’s military arm ZIPRA was equally there. ZANU again, whose military arm was ZANLA was equally there.  It is a rare feat that where camps of that nature are brought in but with one common cause to see the country being liberated.  Kenneth Kaunda saw it fit that their major mandate and task agenda was to liberate their country; as such he accommodated them.

Kaunda served as the Chairman of the organisation of African Unity (OAU) from 1970 to 1971 and again from 1987 to 1988.  Kenneth Kaunda would be remembered for preferring to wear a Safari Suit at most occasions which is still commonly referred as the ‘Kaunda suit’ throughout sub-Saharan Africa.  He also was known for his handkerchief where it became a culture that when he then points it in a certain direction, you are as good as blessed in whatever it is.  That is just how much he stood for Africans.

One of the lessons we must understand is how free are we when we have liberated ourselves to still be wearing a tie and jacket?  Are we that free? Kenneth Kaunda believed in having his own attire which also meant you are liberated.  A number of friends of mine in the African region have said a lot to me and have actually challenged me that I do not understand, Zimbabwe you fought the struggle, you are free but when you dress you are not free.  You still dress like the British.  No wonder why Mr. Speaker Sir, you have seen me dressed like this because when you dress freely you think freely.  So, we are still under that and I implore that we change our ways of dressing and equally follow the Kaunda way.  It would be a great honour for us to go that way.

Kaunda also wrote music about the independence he hoped to achieve, with the song tiyende pamodzi nimu ntima umo literally meaning ‘let us walk together with one heart being more popularly known’.  On the 17th June 2021, it was confirmed that he died at the age of 97 after a short illness at Maina Soko Military Hospital.  He was survived by 30 grand children and 11 great grand children.

Mr. Speaker Sir, I was born in Zambia, my father having been part of the struggle, working with the late Joshua Nkomo, Cde. S. K. Moyo and Mutinhiri, we were well accommodated and understood what it meant to be in a country like Zambia.  Like I said, Zambia is as good as a home such that when I became the international rugby coach, I personally chose to go to Zambia and became the first international rugby coach certified by the International Rugby Board.  I felt I had to go back to the country and give something back in appreciation of what I am and hope to be. KK was key in making me the person I am today.  The independence that I enjoy even in this Parliament is a result of the founding principles of Kenneth Kaunda.  May his soul rest in peace.  I thank you Mr. Speaker Sir.

HON. DR. MASHAKADA:  I rise to support the motion moved by Hon. Mliswa as we pay tribute to this gallant son of Africa, Dr. K. Kaunda who passed on this month.  His body now lies in state and the body is going to be paraded in all the provinces of Zambia.  What a befitting farewell to a great son of Africa, a great statesman who liberated Southern Africa.  I think this motion is very timely as we pay tribute to this hero of Southern Africa.  We do not mourn the death of Dr Kaunda but we are paying tribute to the role that he played in Southern Africa and also in the independence of the region and Zimbabwe.

Hon. Speaker Sir, you may recall that when the OAU Liberation Committee was established in Tanzania led by Gen. H. Mbita, it was the onerous task of frontline states to support the liberation movements of Southern Africa.  Dr. K. Kaunda was a leading figure, a towering figure in the frontline states alongside Samora Machel of Mozambique, K. Masire of Botswana, K. Banda of Malawi and K. Kaunda himself.

Under Kaunda, Zambia bore the brunt of liberating Southern Africa.  I can say quite relatively that of all the frontline states, Zambia under Kaunda bore the greatest brunt for liberating Southern Africa.  As already alluded to by Hon. Mliswa, Zambia became the rear base for about five liberation movements of Southern Africa.  Under Kaunda, Zambia hosted the MPLA of Angola, which was operating from the Zambian soil, SWAPO under Sam Nujoma, ANC and PAC of South Africa as well as ZIPRA and ZANLA on the Zambian soil and because of that, the people of Zambia got a lot of reprisals from apartheid South Africa and the racist Rhodesian regime.  Zambia was bombed, liberation camps were bombed much to the cost of Zambian lives, but Kaunda remained unflinching on his goal to liberate Southern Africa.  He did not waver; he was not ambivalent but believed that Zambia was not free if the whole of Southern Africa was not liberated.  So, he remained resolute in supporting the liberation movements of the region.  We must pay tribute to such a man who did not waver under adversity.  It was not easy to do that.

You may recall Hon. Speaker Sir that in 1974, Zambia’s borders were closed.  South Africa closed its border and Rhodesia closed its border with Zambia.  Zambia being a landlocked country suffered a lot after being cut off from all its trade routes and that is when they had to build the Tazara railway line with the assistance of the Chinese.  By the way, the Tazara railway line was one of the major Chinese footprints in terms of investment in Southern Africa.  We all now know Chinese as investors today but they started walking with Africa a long time back.  Kaunda and Nyerere cooperated on the construction of the Tazara railway line so that Zambia could get access to the port of Dar-es-Salaam to do its trade business.  What a sacrifice - if it was any other ordinary statesman he would have just said ‘why am I punishing my people, after all Zambia got its independence - so what is the problem?’  He owned the liberation of Southern Africa as he took it as his own.  That is the man we are paying tribute to, Dr Kenneth Kaunda.  We will never forget the sacrifices that he made for us.

In his own right he fought for his country and was instrumental in the destruction of the Federation of Southern and Northern Rhodesian and Nyasaland which subsisted from 1953 to 1963.  Dr Kaunda together with Simon Kapwepwe and Harry Kumbula fought the federation and managed to free Zambia and agitated for the independence of Zambia in 1964.  Here is a character that was very strong.  By the way Hon. Speaker Sir, unlike Zimbabwe, Zambia has got 72 tribes out of its 10 provinces.  Kaunda was a unifier who talked of one Zambia and one nation.  Today you find in a country like Zimbabwe we have people with primitive mentality who think they are Karangas, they are Zezurus, just a few tribes. Zambia had 72 but they all spoke one language; one Zambia, one nation, and I think it is befitting for us to learn from the ideals of unity and freedom, of uniting a country and building a nation that we are bequeathed with Dr. Kenneth Kaunda.

Of course, since I have already mentioned that he hosted liberation movements, this took a tow on the Zambian economy. What did Kaunda try to do to save his economy? He nationalised the Zambian industry, the copper mines and created the Consolidated Copper Mine of Zambia. He nationalised the railways, electricity sector and other key sectors of the economy, because he understood that the State could play a developmental role in the economy.

Now, what we are told by neo-liberal economists is that the market knows it all. That is not true. The State can still play a pivotal and meaningful role in the economy. Look at what China is doing, it is a developmental State where the State is leading in the development of the country. Kaunda had that ideology in mind, to say let me nationalise my economy so that the people can own the resources. The Government on behalf of the people can run the economy in trust.

Of course, it failed under adversity but he tried to do something for the economy - because of that he suffered severely. A strong opposition emerged in Zambia under Chiluba, the MMD. He capitalised on the problems that Zambians were having because of the sacrifice the economy had made to the liberation movements. They had elections in 1991 but he as a great statesman, Kaunda accepted defeat. He did not act like other African statesmen that we know.

The “Gbagbos” of this world. You know Laurent Gbagbo refused to vacate office when he lost. President of Gambia also did the same. He stuck in, dug in and he refused to leave office, but Kaunda handed power peacefully and that is an attribute that we learn from Kaunda. He loved Zambia. He did not want war in Zambia. He wanted Zambia to move on. Under Chiluba, he was seriously persecuted to the extent that Chiluba declared that Kaunda was an alien. He was not Zambian but a Malawian.

At some stage, I understand his son was allegedly killed in the streets of Lusaka by MMD activists. So he sacrificed a lot, but he was not a character of vengeance. He did not revenge. He was a Christian who forgave his detractors and chose to stay in Zambia. If he was like any other leaders he would have left Zambia and stayed in exile, but we never heard about corrupt activities associated with Kenneth Kaunda. We never heard about genocide and dictatorship being attributed to Kaunda. He was a true statesman par excellence.

So, this is why I think this motion is befitting that we must recognise this gallant son of Africa for role he contributed to the OAU and to the liberation of Southern Africa. Mr. Speaker, you may recall that Zimbabwe’s independence would not have taken place if it was not because of the Commonwealth Heads of State Summit that took place in Lusaka in 1979. Margaret Thatcher attended the CHOGM Conference in Lusaka in 1979. That is when the Rhodesian question was discussed and Kaunda was instrumental because he was the host. He made sure that Rhodesia was on the agenda of the CHOGM Conference. He succeeded and the Commonwealth Heads of States agreed in 1979 in Lusaka that there must be a constitutional conference to discuss the Zimbabwean situation.

Fast forward, we know that the Constitutional Conference was the Lancaster House Conference that gave birth to ceasefire, to a transition Government led by Lord Soames and eventual elections that were won by ZANU PF in 1980. So this is a man who really birthed the nation of Zimbabwe. He did very well. Of course, some people might criticise him for his heavy handedness. In 1976 after the death of Chitepo, Kaunda rounded up all the members of the Dare reChimurenga that still remained in Zambia, but you see, his objective was not to punish but he was concerned that if you have internal fights that lead to assassinations. you will never reach your target.

He was not trying to block the struggle but some historians think he was trying to block the progress of the struggle. No, he did it in good faith and he had to have all those people suspected arrested and of course, they were acquitted after one year. Once they were acquitted, he followed the rule of law. He followed the court judgements and continued to support those very same people whom he had jailed to finish the liberation struggle. That was the character and leadership that we see in Kenneth Kaunda.

So, I had no hesitation when Hon. Mliswa asked me to second his motion and I want to also in my own right pay tribute to this gallant son of Africa and hope that we can send the necessary condolences to the Zambian people, the Kaunda family and AU as a whole. I thank you.

HON. BRIG. GEN (RTD) MAYIHLOME: Thank you very much Hon. Mliswa and Hon. Dr. Mashakada for this very touching debate you have put before this House. I did not do a lot of research concerning Dr. Kaunda because whatever I am going to say comes from the bottom of my heart. These are things that I lived through myself having been a ZIPRA cadre and lived in Zambia for three and half years. Mr. Speaker Sir, to talk of Dr. Kaunda or our African liberation without mentioning Dr. Kaunda (KK) really we would be missing it entirely.

Dr. Kaunda represents the rare breed of the founders of this African liberation who was so passionate, selfless and committed to the total emancipation of black people. I think I was about five or six years old when I first heard about the name Dr. Kaunda when we used to say sing Zambia – Kaunda, Malawi – Banda and Zimbabwe we would sing about Dr. Nkomo. Kaunda, in spite of the challenges that were presented to him, incarceration by the Federal Government, managed to lead on the independence of Zambia together with Banda in Malawi.

He remained a father figure like Hon. Mliswa mentioned. So many Zimbabweans particularly in the southern part of the country I know moved across to Zambia when Zambia got independence. We saw loads and loads of people travelling north saying, now we are going where there is freedom and he welcomed them with open arms. Not like the tendency nowadays that when a country has freedom and opportunities, they want to shut out others. We hear of xenophobic attacks in other countries that blacks are no longer wanted in their countries because they must go to their own country. Kaunda welcomed everybody.

Kaunda welcomed those from Angola, the MPLA and UNITA, SWAPO from Namibia welcomed FRELIMO, ZANLA, ZIPRA, ZAPU, ZANU and the African National Congress of South Africa to Zambia.  To everybody who was in Zambia, it was like a second home.  It even became a better home. When you crossed the border from Botswana into Zambia, we were treated very well.  We saw independence live – we saw what it meant to be independent.  We were given freedom of movement, freedom to train, freedom of resources and freedom to fight the enemy on Zambian soil.  These are things that some people take for granted.  It is not easy. Think of the post-independent Zimbabwe and how difficult it was to host the ANC and the PAC in this country.  They could not even give them bases but Kaunda gave us unlimited opportunities to create bases.  Up to date, our gallant commanders and fighters are lying in graves in Zambia together with Zambians who sacrificed their lives for our sakes.

We felt all the accommodation and security that we could.  Zambia offered the training facilities; unlimited and unconditional.  If you know Zambia under the leadership of Kaunda, Zambians were not a violent nation.  They always advocated for peace. They always hoped that one day there would be peace.  It is not just the CHOGM or the Lancaster House Conference.  KK tried as much as possible to maintain peace.  Thinking of 1974 – the detente exercise with Botha that we had talks at Victoria Falls; think of the Malta and Geneva talks – all that was being initiated by Kenneth Kaunda so that there will be peace.  He did not want to shed blood but at the same time, he was saying we cannot allow Africans to be subjugated by white settler colonial regime when Zambia had resources.

When we talk of Frontline States, the people who were really subjected to the heaviest reprisals from the Rhodesians and the South Africans were the Zambians.  Not much happened in Mozambique, Angola or Tanzania but still he never gave up.  If he had given up, probably the independence of this country would have been further delayed.

If you look at the kind of equipment that we as ZIPRA had in Zambia for any independent country to have allowed so much arsenal in its country under the arms of a liberation movement which was even a threat to the Zambian military, it was a marvel but he never imagined that we will turn against the Zambians but he gave us all the comfort and support at the cost of his own leadership of the country, he sacrificed for Zimbabwe. His economy suffered and even his concept of humanism became discredited because of what he was doing for us.  If you were to think of us particularly on the ZIPRA or ZAPU side, we would not have done anything without Kaunda.  We would know that there was no chance for us even to fire a single bullet into this country because the training, resources, medicines, arms, and food – they were all coming from Zambia.  When we crossed Zambezi, they made sure that they safeguarded us.

He also inculcated that culture of love – Zambian people are known for love.  I find it difficult to think of any other nation in this continent of Africa that has so much love as Zambians.  They loved freedom fighters and this was taken from the spirit that was inculcated by the Father of the nation, Dr. KK with his humanism spirit as well as ‘one - Zambia one - nation.

Dr. KK used to visit the camps himself to see to it that we were taken care of.  This showed commitment of the highest order.  I say to the fallen father of Africa; great statesman of Africa, we owe you what we are doing. As I stand in this august House, to Kaunda, KK and the people of Zambia; we owe the freedom that we enjoy; that we take so much for granted that at times people say ‘sungirirai nyika yacho, togona kuisunungura’.  They do not know how to sacrifice those resources, time and commitment for the country to liberate another county. He made sure that even the international liberation movements are recognised and respected because they had people like Kaunda behind them.  I say, go well great statesman of Africa!  Go well father of the Frontline States.  Go well Father of Southern Africa!  Go well Dr. KK!  We shall always remember what you did for our country and as beneficiaries of this country, we owe it to you.  May your dear soul rest in eternal peace.  We thank you Father Dr. KK Kaunda.  I thank you Madam Speaker.

*HON. ZEMURA:  I would like to thank you Madam Speaker for giving me the opportunity to debate.  I would also want to thank the mover of this motion Hon. T. Mliswa and his seconder Hon. Dr. Mashakada that we express our condolences in this august House.

We are grateful for the good work that was done by Dr. Kaunda.  He was a real statesman and he was a Pan-Africanist.  He was a leader whose wish was to see all the African countries liberated and he was in the Frontline States.  I was married by then but I recall our leaders going to Zambia and how they were looked after.  I also know how the leaders of Zimbabwe had problems – leaders such as Hon. Joshua Nkomo when he ran to Zambia through the Botswana border.  We never heard that he was further stressed or stayed under duress there. A lot of leaders stayed in Zambia and they were not deported like what other countries do.  He would accept everyone as a child of Zambia.  He is renowned for his ‘One – Zambia-One-nation’ slogan.

My husband married me after he had stayed in Zambia.  He came back in 1966 and he was happy that he was home away from home and he was delighted to have lived in Zambia.  He always spoke well about Zambia.  He also indicated that Zimbabweans in Zambia also speak well about the Zambians.  They did not conduct themselves as we now witness these days.

Dr. Kaunda is an African Statesman who liberated Zambia and other neighbouring States.  This is why His Excellency the President of Zimbabwe, Dr. Mnangagwa respects so much the late Zambian President for the work that he did.  We are aware of the work that he did and as Zimbabweans, we should respect the late Zambian President, Kenneth Kaunda.

I want to continue by speaking about his leadership.  We would see him holding his white handkerchief every time he would address the people and his wife Betty by his side.  This shows that he respected us as women.  There are some men who do not want to have their women close to them.  We later knew that the wife of the late Kenneth Kaunda was Betty because he loved her so much.

I also observed that even with the assistance that the late President Kenneth Kaunda rendered to other states, they were not placed under sanctions for assisting South Africa, Zimbabwe and Botswana.  The whites feared the late President Kenneth Kaunda.  We now see the clarity of his leadership.  If it were today, Zambia would have been under severe sanctions because they have been harbouring people that waged the Zimbabwean liberation struggle up until Zimbabwe attained its independence.  They could have been under severe sanctions to the extent that they could not even afford to drink tea.  The leadership of the late Kenneth Kaunda was so instrumental.  Not even a single white person talked of imposing sanctions on him.  There are no sanctions that were imposed on Zambia.

 The late Kenneth Kaunda was very strong.  We are grateful that his leadership was recognised worldwide because he led very well.  As Zimbabweans, we are mourning the late President Kenneth Kaunda for the good job that he did.  He provided a base to accommodate the liberation fighters for the various countries.  The freedom fighters that were in Zambia never starved.  They fought a good fight because they were being well fed by the Zambians.  We would want to join our brothers and sisters in Zambia in mourning the late President Kenneth Kaunda and that he should be buried with the respect that befits such a Statesman of that stature.

If we were not under COVID guidelines where mass gatherings are limited, we could have gone together with our President to mourn the late President Kenneth Kaunda.  He deserves it because of what he has done.  He did look after the Zimbabweans with his people.  In some countries, our children are decapitated and burnt with tyres.  During the tenure of the late President Kenneth Kaunda, we never heard of Zimbabweans being assaulted.  No one was ever chased away from Zambia.  Even if you were to go there today, you find that the leadership in Zambia is full of love.  It is a lesson that they learnt from the late Kenneth Kaunda.  The white handkerchief really meant peace and love to everyone and that everyone should be liberated.  I say he should rest in peace.  As Zimbabwe, we are mourning with the Zambians.  We mourn with the entire African continent.  Thank you.

HON. T. MOYO:  Thank you Madam Speaker Ma’am for recognising me.  I have a few words to express the extent of sadness that we are in as a country, as Africa and the world at large.  We lost a true revolutionary, a true Pan African leader, an icon, a son of the soil, Kenneth Kaunda who was affectionately known as K.K.  He was a true leader.  He is known for what is popularly known by historians as humanist theory, as a theory on man-centredness.  I will explain.  When you talk of the humanist theory, we are talking of the dignity of man.  Kenneth Kaunda is known for being somebody who accommodated all ethnic groups.  Zambia has several ethnic groups or tribes.  The word tribe is derogatory.  He is known for promoting unity among different ethnic groups and he proposed the theory of humanism whereby people should respect the dignity of man.  Whether one is poor, resides in the rural areas or urban areas, everyone is important.  Whether one is important or not, it is the man who is important.  Humanity is important.

I will say a few quotations here Madam Speaker Ma’am.  Zambia’s ideology, “Zambia can say with pride that its humanism is originally based very much on the importance of man.”  President Kaunda said, “The oft declared principles of non-tribalism, non-racialism, non-discrimination, based on religion and creed are very much part of the principles embodied in the importance of the common man.”  Zambia’s humanism according to Dr. Kenneth Kaunda, centers around the importance of man - man in the rural areas as well as in the urban centres.  Indeed, man everywhere.

One scholar, by the name Timothy Kandeke, in his study wrote that Zambia’s philosophy sees the principle of man-centredness or as it is sometimes called ‘the centrality of man as the heart of the Zambian man and that is called humanism’.  I see the late Dr. Kaunda as a unifier.  He united everybody regardless of ethnicity, religion, whether one is disabled or not.  There was no genocide during the time of Kenneth Kaunda.  Look at what happens in Rwanda today, where the Tutsis and Hutus killed one another.  The present modern day Kigali is built on mass graves.  We want to accredit the peace that prevails in Zambia to the role that was played by His Excellency, Dr. Kenneth Kaunda because he was a true revolutionary.  He was an astute leader because he was able to organise the liberation struggle.  There are so many things that are associated with the struggle. The white colonialists had a lot of superior weapons, using aircraft power, but he did not retreat - he continued to organise.  He was persecuted several times and spent years in prison but he did not give up the struggle because he was a man of the people.  He was a great liberator; we can say he was our own Samori Toure.  Samori Toure of Western Sudan was known for being the Napoleon Bonaparte of Sudan and we can argue and say Kenneth Kaunda was also the Napoleon Bonaparte because of the role that he played in championing the liberation, not just of Zambian but the liberation of the entire Southern Africa. One can conclude that Kenneth Kaunda to him the liberation of Zambia was meaningless without the liberation of the entire Southern African region.

His Excellency Dr. Kenneth Kaunda was not selfish, he housed the Zimbabwean guerilla fighters: ZIPRA forces, ZANLA forces et cetera.  The risks which were associated with the liberation war – you have heard of the liberation camps which were bombed by the Smith Regime.  He also housed ANC, SWAPO guerillas whereby those people were accommodated, given training, military assistance and everything - that was very risky.  He was risking his innocent people, risking his own reign and risking quite a number of dangers associated with that war but he did not give up.  He continued to support the independence of the Southern African Region from 1964 until such a time when we got our Independence in 1980.

He was brave, he was a smart man.  When I talk of a smart man, it is somebody who is clean, he has not been associated with any form of corruption, not even one.  Look at his successor, when he took over the reins of power, when he was removed from power, he had more than 120 cases, he was so corrupt but for K. K, he was such a smart man, he was not corrupt.  Kenneth Kaunda was somebody who says the truth.  He was quick to realise that the Economic Structural Adjustment Programme (ESAP) was not good for Africa.  We tried ESAP in Zimbabwe in the 1990s where we had abandoned our free education, free health care and what were the consequences?  This was disastrous for Zimbabwe.  He was well known for saying ESAP is just like if one has headache, one has backache or even stomach cancer and you are given the same prescription.  ESAP is associated with strings, it is a feature and a manifestation of neocolonialism.

According to the late President of Ghana, he said neocolonialism is the most dangerous and most insidious form of colonisation.  By that, it manifests itself through aid when you are told you are given strings, remove tariffs, trade barriers and devalue your currency.  Such prescriptions are dangerous and would lead to economic stagnation and economic problems.  Zambia was quick to realise the challenges associated with ESAP but he did not mortgage the resources of Zambia.

The successors of Kaunda ended up mortgaging the copper mines.  He had nationalised the industries and the mines but what did the successor do, he mortgaged the copper mines.  As we speak, the Zambian Government does not own those copper mines.  They are owned by private capital, those monopolists’ multinational corporations and that does not benefit the entire citizenship of Zambia.  That was a disaster which happened.  So we need to recognise the importance of Dr. Kenneth Kaunda.

Finally, Madam Speaker, I want to say it is with a deep heart, we are so saddened by the passing on of such a great fighter, unifier, liberator and PAN-Africanist.  Go well Kenneth Kaunda.  Thank you.

(v)HON. DR. LABODE:  Thank you Madam Speaker.  I also want to join my colleagues in thanking the Former President K. Kaunda who sent me to school from Grade 1 up to Form 5 free of charge.  During my days we never even paid for an exercise book, the only thing was to buy your uniform and go to school, even the exercise books were given kana yazara, unongopiwa imwe.  I lived in Zambia in Livingstone because my mother was a Treasurer for ZAPU and I was a ZAPU youth.  Even during campaigns when Kaunda was campaigning you could not differentiate between the UNIP youth and us the ZAPU youth.  We had a slogan which Hon. Zemura started but did not finish.  The slogan went like this ‘One Zambia, One Nation, One Nation, One Leader, that Leader Kaunda, Yee, Kaunda, Kwese Kwese, Kaunda’ Bye bye Baba vangu!

(v)HON. MUDARIKWA: Thank you Madam Speaker.  I want to thank you first and foremost for giving me an honour to debate on a motion moved by Hon. T. Mliswa and seconded by Hon. Mashakada.  Cde. Kaunda was a hero of rare tenacity.  He was a true PAN-Africanist, he believed in the total independence of the whole of Africa. He assisted liberation movement and the Zambian economy suffered. Madam Speaker, you are aware that the Rhodesians closed the border but he continued singing ‘Tiende pamodzi ndim’tima umo, Tioloke Zambezi,ndim’tima umo; Tioloke  Limpopo Ndim’tima umo.’ That showed that the man was determined. When you believe in Pan Africanism, you do not believe in colonialism. Kaunda believed that colonialists at the Berlin Conference are the ones who divided Africa but with Kaunda, Africa remained one country and Africa remained one tribe. He never believed in all these tribalism issues, but he believed in a United States of Africa.

Madam Speaker, to the people of Zimbabwe, we honoured Kenneth Kaunda by naming Kenneth Kaunda Street in Harare. I also want to take this opportunity to thank His Excellency, President Mnangagwa who declared 14 days of national mourning. Our flags were flying at half mast to honour the true son of Africa, the man who believed in all the progressive forces. I was reading that at the end of 1964 when a nephew of Che Guevara moved a motion at the United Nations about the total decolonisation of Africa, that was at the height of divisions of cold war and everything. He started being the ambassador to the United Nations that he must support the total independence of Africa. When he spoke of independence of Africa, he never spoke of only political independence - he also spoke of total economic independence, and that is why you saw he was an emancipated person, like what Hon. Mliswa said. Putting on a tie is accepting that we are still under the hands of colonialism.

He was putting on a safari suit all the time and he defined that to say a man must be free to wear what he feels he must wear. Great men are like torches; they shine around the world. He supported the liberation of Southern Africa, he believed in Christianity. He allowed Zimbabweans to study in Zambia like what Hon. Dr. Labode said, and His Excellency President Mnanagwa also studied law in Zambia. You can see that there are living fruits of the Kaunda education system. We are benefitting from Kaunda Education System by having our President graduating from the University of Zambia.

Kaunda was a man of peace. He believed in peace and encouraged peace. He even met Smith at Victoria Falls and P. W. Botha to achieve peace. He was not always looking for war. Kaunda also loved soccer. There was a team known as KK and when it was playing in Zambia, he was always there, cheering it up. He was a man of the people. It is unfortunate that when the IMF and other international organisations that represent imperialist forces teamed up against him, a puppet that came took over Zambia and handed over all the wealth of Zambia to international capitalists. As we talk now, Zambia needs the facts and revolution to free the economy of Zambia from international capital.

Kaunda also loved music as I mentioned earlier on, where he always sang tiende pamodzi ndim’tima umo. I was privileged to work with President Kaunda when he came to Zimbabwe. I was master of ceremony then, on all State occasions and I really enjoyed working with him. Each time he was speaking to people, he always exercised the importance of unity. He emphasised the importance of the youth – how the youth should develop and to this end, the Commonwealth Movement has a college in Zambia which specialises in training youth extension workers.

Some of our youth officers and some of the Hon. Members like Hon. Chikwinya trained in Zambia at the Commonwealth College where she mastered on the development of the youth. Kaunda said the youth are the future leaders of tomorrow and he always said let the youth come to Zambia and let the youth free their own countries. On the other side, there was Angola, the Portuguese were there and the South Africans were in Namibia, Rhodesians in Rhodesia and the Portuguese were in Mozambique, but he never gave up - assisted by Mwalimu Julius Nyerere; they made sure that the whole of Southern Africa has been liberated but they lived a very simple life. They never looked for so many things like I want to go with this and that – he was a man who believed in simple life and even if you see his sons, they also live very simple lives.

I want to say for Kaunda, we are now celebrating; his achievements are there and as Parliament of Zimbabwe, I want to thank all Hon. Members who have debated and those who will debate or had the desire to debate and salute this great man, the man who liberated Africa. I was also reading Madam Speaker, that on all independence celebrations, Kaunda attended every first inauguration from Egypt and everywhere. He also met other heroes like Amilcar Cabral, Samora Machel, Agostinho Neto to strategise on how to liberate Africa. He never ended in Africa. He went to mobilise resources to fight against imperialism and colonialism. Kenneth Kaunda believed in the total emancipation of women that even up to now, if you go to Zambia, the people there are calm, believe in themselves and they are very hard working people. Today, even when we had drought, we were benefitting from Zambia. Zambia has developed and we hope to follow the same route that Zambia took.

Lastly, when somebody dies, somebody must take over. The people of Zambia must continue to create a syllabus, a syllabus that every Zambian, Zimbabwean, Namibian, Angolan, Mozambican and every South African must learn. There is a lot that we must learn about this man. How did he manage to achieve it in difficult times? He did everything and he supported the people of Zimbabwe. I want to thank you for allowing me to contribute Madam Speaker. Thank you.

*HON. DZUMA: Thank you Madam Speaker. I thank the mover of the motion Hon. Mliswa, seconded by Hon. Dr. Mashakada. I have come here to also pay my tribute to the late leader Kaunda. All ZANLA cadres, including President Mnangagwa and Tongogara and the late Nkomo - even when we were herding cattle, we would also laud and praise Nkomo as we were herding cattle, but all the leaders that I have mentioned grew up under the care of the now deceased Kenneth Kaunda in Zambia.  There is nothing that you can do and be successful without getting assistance from a neighbour. Even if one plans to get married, you go through a mediator. You cannot go to your in-laws directly because you fear that they might be harsh. This country Zimbabwe, what it is today is because of great works of Kenneth Kaunda. A lot of Zambians perished, they were bombed by Smith who was coming from Zimbabwe with terrorists. Dr Kaunda managed to give us radio stations where the Hon Webster Shamu was before going to Mozambique. They were broadcasting what was happening so that the fellow countrymen could know what was transpiring during that period.

Without Kenneth Kaunda’s help, even us today we would not be eligible to enter this House. Only those with degrees and higher qualifications would be recognised. He was also the first man to attain independence from the colonisers following Mozambique in 1975 and South Africa a few years back. Zimbabwe had achieved its independence in 1980. My request is that if there are ZIPRA and ZANLA combatants in this House, on the day he is going to be laid to rest we would wish to go there and witness for ourselves because for us to be here today it is through his heroism. We could also add two or three other members who were not part of the war of liberation. If it was possible we could charter a plane with ZIPRA and ZANLA members so that we attend the funeral because currently the use of road transport is disturbed by the issue of COVID-19.

I do not have much to say but I just wanted to testify on how Dr Kenneth Kaunda was committed to his work and also being a great leader. I reckon even though he was old, he managed to visit us a few years back and celebrate with us the coming in of the new dispensation era which was a noble thing of him. Thank you Hon Speaker for the opportunity that you have given me.

(v)HON MUSHORIWA: I just want to thank you for this opportunity. I am not going to repeat most of the things that have been raised by Hon Members that knew Dr Kaunda before independence, for the important role that he played in the liberation of the entire Africa and in particular Zimbabwe. What I do want to say are only two issues. The first issue is to do with the words of wisdom that Dr Kaunda and the late Julius Nyerere did give to this country that, ‘President Mugabe, you have inherited a jewel’ and indeed SADC then had to put Zimbabwe as the bread basket of Africa so that we would feed Africa. That level of wisdom could only be found by people like Dr Kaunda and Dr Nyerere who had the eagle view of wanting to ensure that Africa and SADC is self sufficient.

To me, the most important lesson and the reason why I salute this late former President is that when Zambia had the first multi party election, Dr. Kaunda lost the election to the late President Chiluba. He did something which was extra ordinary. He conceded defeat and graciously stepped out of office and allowed the passing on of the button stick to a new generation, the Chilubas. Since then, Zambia has had quite a number of Presidents after that. We salute him for the role that he played for the liberation. More importantly, we should also salute him for being a peaceful, democratic and a person that does not want to spill blood to remain in office. He was a person who was prepared to simply say, ‘if Zambians no longer want me to continue to lead them, let a new person lead them’. That is the type of leadership that Africa needs. That is the type of people that this continent needs as we go forward. Madam Speaker, I salute Dr Kaunda and may his soul rest in peace.

+HON S.K.MGUNI: I want to thank you for giving me this opportunity to add my voice on this motion of the African hero, Dr Kenneth Kaunda. We call him a hero because he did great jobs for the whole of Africa. I also thank Hon Mliswa for raising this salient motion and his seconder Hon Dr. Mashakada. We viewed Dr. Kaunda as a grandfather and a father. He was everything to us the children of Zimbabwe. The independence of Zimbabwe was going to be futile without his assistance. He gave us a platform to fight for our country. He was the pioneer to the independence of Zimbabwe. He provided us with resources, training bases and used his country as a channel to pass through and also gave the riches of Zambia to be used to our advantage.

During 1970s, the economy of Zambia took a knock and it was hard to survive in Zambia. But our Father Kenneth Kaunda never had thoughts of chasing us Zimbabweans out of his country or any of the countries that were using Zambia as a training ground for their liberation struggles. This shows that this great man was committed to assisting the whole of Africa to gain its independence. A lot has been said but what grabbed my attention is that when he passed away in Zambia and in view of his status, it could have been said he passed away in Russia, China or other developed countries but he became sick and remained to be treated in his country and again passed on in his country. The other Hon. Members said that he was someone who was never involved in corruption. I noted that also when he passed on, there was no money.  There were no funds which were outside the country. It was said that his account had only US$6 000.  It shows that he just wanted to fight and survive within his own country and suffer with his fellow citizens.  There are very few leaders of the same stature as Kenneth Kaunda.  The current leaders we have are full of pride.  They want luxurious vehicles and have large sums of money but he was someone who was down to earth.  He wanted to survive on what other citizens were surviving on.  I might say a lot, Madam Speaker, I thank you for giving me this opportunity.  Lastly, I would like to say that I want to bid him farewell, and say may his soul rest in peace.  He fought a good fight.  Maybe there is no one who might fight such a battle as he did.  Other leaders are so rich.  Thank you Madam Speaker.

HON. SHAMU: Thank you Madam Speaker for giving me this opportunity to join Members of Parliament in contributing to this debate which is about an illustrious son of Africa, a debate that really centres on the legacy of Dr. Kenneth David Kaunda.  Indeed Dr. Kenneth David Kaunda was a man, we as Zimbabweans, will forever remember for his contribution to our freedom, but it does not end there.  He goes on to support the liberation struggle of Southern Africa, so that today we can now talk of development towards a prosperous future that in itself speaks volumes of the late Dr. Kenneth David Kaunda.

He was a courageous man.  Who was willing to confront the colonial occupation that surrounded him?  Surrounding him, with the possibilities again of internal attacks but he stood firm against apartheid and I believe that we all know how well armed were the South African army.  There he was, he said no to apartheid, he said no to racism in Zimbabwe and he said no, to Portuguese colonialism.  As has already been stated by many Hon. Members here that the late Dr. K. D. Kaunda hosted freedom fighters from Mozambique, Zimbabwe, Angola, Namibia and South Africa and as a consequence his country suffered.  It was bombed, economic sabotage was rife, economic destabilisation took place, yet Kaunda did not give in.  That is the legacy we are talking about today.  I would like to thank Hon. Mliswa for having brought this motion, not only bringing it before this august House, but introducing the topic by singing the song Tiende pamodzi.  That spirit of unity continues to echo throughout Southern Africa, that is KK.

Secondly, as a member of the frontline states, the late Dr. K. Kaunda hosted the founding meeting of the Southern African Development Coordination Conference.  That meeting issued the Lusaka Declaration.  What did it say?  Southern Africa, towards economic liberation, which meant to say that within the vision of the leadership, who were hosted by Dr. K D. Kaunda, they knew that political freedom without economic emancipation is nothing.  Hence today within our region, we are indeed involved in a very serious struggle to liberate our economy.  We must control the means of production.  We must take control of the economy of our country.  That was the view expressed through that meeting which was held in Zambia.

Before he passed on, the late Dr. K. Kaunda was able to see the achievement of a major goal for the development of the African continent.  A goal that he and other African leaders had set during their meeting in 1981, when they met in Abuja, Nigeria and that is when they shared and agreed on the Abuja Declaration.  The Abuja Declaration called for free trade on the continent in an African economic community.  Towards that goal, the African Continental Free Trade Area took effect in January, 2021.  Already, more than 27 African countries have been active in facilitating their participation.  Zimbabwe is indeed a member of the African Continental Free Trade Area.

Madam Speaker Ma’am, here now we see the spirit of Kwame Nkrumah coming to the fore, who said we must see a united Africa; who said, ‘our political freedom means nothing until and only when we have economic independence’.  Madam Speaker, it is imperative that we tell these stories and ensure that people of the stature of the late Dr. Kenneth David Kaunda are given their rightful places in the history of our country.  The history of this region and the history of the whole continent, the youths need to be taught in schools and everywhere else so that they can be able to share widely what it is that happened before them. They need to know what it is that inspired them.  What should be their role models for them to become leaders that will take Africa to its rightful place?

Madam Speaker, Southern Africa would not be what it is today, were it not for what the late President Dr. Kenneth Kaunda did as he worked together with other Frontline States leaders.  His song has a very important message for us all, let us walk together and have one heart, let us have one spirit and let us work together so that we can develop. No one else will develop Zimbabwe and Africa for us.  No one will tell us to unite expect if we do that ourselves.  Madam Speaker, I would like to end by wishing Dr. Kenneth David Kaunda a very peaceful rest when we eventually inter him in Zambia.  I really want to thank you Madam Speaker and the Speaker of this august House Hon. Adv. J. F. N. Mudenda for having agreed that this motion be given priority. This speaks volumes of our leadership.  I thank you – [HON. MEMBERS: Hear, hear.] -

#HON. S. BANDA: Thank you Madam Speaker.  I would like to applaud the Norton Legislator Hon. T. Mliswa, as well as Hon. Dr. Mashakada for this motion. Dr Kenneth Kaunda was not just an ordinary person; he was a real asset, so much that if you come across a problem he would sacrifice that everyone should be safe.  If you look at the history of Dr. Kaunda, his father Dr. David Kaunda was born in Malawi and they migrated to Zambia where Dr. Kaunda was born.

After his death, Dr. Kenneth Kaunda went as far as countries like Tanzania and here in Zimbabwe.  He realised that the white government was very bad and was of the opinion that we should be liberated. There was the African National Congress Party which was in South Africa, Zimbabwe and Zambia. This shows that we are one people.  Realising that we are one people, after Zambia got independence in 1964, he thought of his fellow people in Zimbabwe who were suffering at that time.  At that time in Malawi in 1964, there was also independence led by Hastings K. Banda whilst Dr Kenneth Kaunda led Zambia.  So, he looked at Zimbabwe that was still under colonial rule under the rule of Ian Smith.  He then welcomed Zimbabweans to launch a war that destroyed the white supremacy system.  He took care of us, very well and the war was protracted from both Zambia and Mozambique. He did a very good job.  May God lead him and grant his soul eternal rest.

I would like to thank Dr. Kaunda for such a good heart that led to our independence and may God grant him eternal rest. May his spirit lead us to unite regardless of political parties, be it ZANU PF or MDC.  We are one people, all what we want is development and prosperity for this country.  We were the last country to get independent in Southern Africa but credit should be given to Dr. Kenneth Kaunda for ensuring that we got our independence and may God grant eternal peace to the soul of Dr. Kenneth Kaunda. I thank you very much.

HON. MAVETERA: I would like to thank Hon. T. Mliswa and Hon. Dr. Mashakada for moving this very important motion, especially for us as the young people of Zimbabwe who also have got a lot to learn from this great leader.  Let me take you back to the march which happened on the 13th August 1973 at Matere Stadium where Dr. KK, as we used to call him, went up and spoke to the young people in Zambia.  It was the youth day there and he said young people are the future.  Hon. Speaker, let me applaud this pro-active approach especially when it comes to youth issues which Dr. KK did.

We need to be quite holistic and find out how he really contributed in making sure that as Zimbabweans and also as Africa, we are also liberated.  Even if you look, when he became the first President of Zambia in 1964, he was 40 years old.  What it means is that he was quite youthful by then; that alone also leaves a lot of young people here in Zimbabwe to realise the potential that they have.  As a country right now, we need to understand that we do not need to sit at the peripheral but what we need to do is for us to see and watch things happen so that at least we get involved. Hon. Speaker, we really want to applaud Dr. KK for taking up the challenge and also challenging the status-quo.

Madam Speaker, there were a lot of struggles that were there but he went on to make sure that at least he was against injustice and the struggle of the black race.  This is something that needs to be applauded and indeed when we are united, we need to understand that we have got a Pan-African view that we should have as Africans.  Madam Speaker, recently we had the Pan-African debate which I believe was quite talked about in the rest of Africa.

This was so because you would come to realise that there are a lot of fights that we still have as Africans, but one thing we need to understand is that the uniting factor that unites us as Zimbabweans or also that unites us as Africans is that we are all from Africa.  We need to be united as Africans.  We need to move forward so that at least we can make sure that this legacy that Dr. Kaunda put on will actually be realised.

Madam Speaker, we need to understand that indeed Dr. Kenneth Kaunda was also a radical Zambian who went on and said that there was need for him.  He went on and engaged other people including Julius Nyerere to get on to the front.  He went on and even got His Excellency Seretse Khama so that at least they could all fight for one cause and one cause which could make sure that we become one Africa.

Madam Speaker, we need to understand that this cultural and political consciousness is very important for us going forward.  Recently as a country, we went on and we were speaking of issues to do with us being patriotic, but one thing we need to understand is that for us to be patriotic we will be patriotic, but at the end of the day we also need to understand that we have got one uniting factor, which is for us to be Africans.  Madam Speaker, let me thank Dr. Kenneth Kaunda for taking up that stance, for making sure that as Africans we can then be able to get some liberators for us to be liberal.

Madam Speaker, let me also be able to applaud that indeed he had the young people at heart.  We also have this with His Excellency, Dr. E. D. Mnangagwa who has got the young people at heart, who is saying to the young people - take up the opportunity so that at least you are seen out there.  This is very critical Madam Speaker, for us to be going forward as a country, for us to take this legacy so that as Zimbabwe we will see young people being there and we appreciate all the efforts that are being done by our Government to make sure that young people are there. You would see right now Madam Speaker, we have never had a youthful Cabinet like the one that we have right now and this shows that His Excellency has got this zeal to also make sure that he takes up the stick that Dr. Kenneth Kaunda had.

Madam Speaker, I do not want to add much, but all I have to say is that indeed we really want to say to Dr. Kenneth Kaunda, may his soul rest in peace and we really want to thank him for pursuing the youth agenda.  This was quite a noble stance.  Thank you very much Madam Speaker.

(v)HON. S. SITHOLE:  Madam Speaker, firstly I want to send my condolence to His Excellency, Statesman, Dr. Kaunda’s family and the entire Zambian people.  Also, I want to thank Hon. Mliswa for moving this motion, seconded by Hon. Dr. Mashakada.  Madam Speaker, I also want to thank our President and Commander-in-Chief of the Zimbabwe Defence Forces, Dr. E. D. Mnangagwa, for giving a highly appreciated mourning by lowering our country’s flag for this long period showing that we are together with the Zambian people, we are one.

Madam Speaker, I do not want to say much because some Hon. Members have alluded to everything about our Statesman Dr. Kaunda.  I am now encouraging those who know the history of our Dr. Kaunda that they must write the history for our youths to encourage them to know the role that Dr. Kaunda played.

Madam Speaker may his soul rest in peace.  Go well Dr. Kaunda. We can talk and talk but only God knows.  Thank you Madam Speaker.

*HON. MUTAMBISI:  Thank you Madam Speaker for according me this opportunity to add my voice.  Firstly, I would like to thank Hon. Mliswa for raising this motion, seconded by Hon. Dr. Mashakada.

A lot has been said.  Zambia got its independence on 24 October, 1964. When Dr. Kaunda got independence, it was an opportunity for him to enjoy the freedom but it did not give him that opportunity because of the plight of his neighbours who were still under colonial rule.  So he gave home to our freedom fighters in Mukushi camps where they would train to fight for our country.

He helped Zimbabwe by giving us weapons and clothes.  Smith tried by all means for Dr. Kaunda not to keep our freedom fighters. He killed a lot of our heroes but this did not deter Dr. Kaunda.  He kept on helping Zimbabwe so that we attain our independence.  We thank Dr. Kaunda for what he did.  May his soul rest in peace.  Thank you Madam Speaker.

*HON. S. NDLOVU:  Thank you Madam Speaker for the opportunity I have been given to air my condolences to the late President Dr. Kaunda on the motion that has been moved by Hon. Mliswa, seconded by Hon. Dr. Mashakada.

We are mourning together with the people of Zambia.  Today we enjoy independence in Zimbabwe because of the late Dr. Kaunda and the people of Zambia.  We are now like Zambians because we also miss Dr. Kaunda.  We thank His Excellency for instructing that our flags be half masked as a respect to the late Dr. Kaunda.

We got independence because our fighters were in Zambia.  It was not easy but because of Dr. Kaunda, he did not let us fail. He permitted us to fight our enemies whilst we were in his country. It is because of this, as a daughter-in-law of Zambia from the royal family, that I thought I should register my condolences to the Kaunda family and the rest of the Zambians and Zimbabweans.

We learnt a lot from the late President Dr. Kaunda and because of that we say God has allowed Dr. Kaunda to rest.  He has done great works that we admire today.  We wish for his soul to rest in peace.  People of Zambia, we are together in this sorrowful time and on the day of his interment, we will know that a great hero of Africa is being laid to rest.  He was a great man in liberating all these nations.  May God comfort you people of Zambia.  Thank you Madam Speaker.

HON. T. MLISWA:  Madam Speaker, I want to take this opportunity to thank the Hon. Speaker Adv. Jacob Mudenda and his team, the Speaker’s bench for having allowed this motion to be moved.  The importance of this motion is shown by the presence of the Minister of Finance and Economic Development and the Minister of Environment, Climate Change, Tourism and Hospitality Industry sitting throughout this debate.  This took precedence because we are where we are because of the contribution of the late Dr. K. Kaunda.

The Hon. Members who debated namely Hon. Mashakada who seconded the motion, was absolutely just the right person at the right time fitting in the shoes; Hon. Mayihlome who was part of the struggle of liberating this country; Hon. Moyo who clearly went a step further; Hon. Zemura who also contributed immensely that leaders must be like Kenneth Kaunda in moving with their wives, the late Betty Kaunda; Hon. Labode who spoke about the education that she got from Dr. K. Kaunda; Hon. Mudarikwa who further went on to say, listen, there must be a curriculum that at some point infuses moral principles and values of the late Dr. K. Kaunda.

Hon. Dzuma who was part of the struggle, also spoke to how they were assisted; Hon. Shamu who was also part of the struggle, also spoke about the humanism that he had; Hon. S. Banda spoke in his language, the language of the late Dr. K. Kaunda on the eastern side of Zambia; Hon. Mavetera spoke about how the late Dr. K. Kaunda’s fight was radical and inspired and motivated youths, which must be what it is today; Hon. Sithole, his condolences; Hon. Mutambisi again spoke about how he then sacrificed his time of being a leader of a country, enjoying and doing things for his country but he felt that was not good enough if other countries were not liberated and that was the unselfishness of him.  Hon. Rossy Mpofu, the last speaker who contributed to this.

Madam Speaker, I really want to say it is a befitting send off by this institution which represents the people and as such Madam Speaker, before I move for the adoption of this report, I would like us to all follow this song as we send him off – even if we cannot but we will go with you.  Hon. Banda, we will go together and Hon. Members who are logged in, I hope that we will go through this song together.  One, two, three!

Hon. S. Banda and Hon. T. Mliswa led the august House in singing the song, ‘Tiyende pamodzi ndim’tima umo’

HON. T. MLISWA:  One Africa! One nation!  Now we must have a new one after KK! One Zimbabwe! One nation!  Thank you very much.  I therefore move for the adoption of this motion.

Motion with leave, adopted.

MOTION

BUSINESS OF THE HOUSE

HON. MUTAMBISI:  Thank you Madam Speaker Ma’am.  I move that the House reverts to Order of the Day Number Four.

HON. S. BANDA:  I second.

Motion put and agreed to.

COMMITTEE STAGE

FOREST AMENDMENT BILL [H.B. 19, 2019]

Fourth Order read: Committee Stage: Forest Amendment Bill

[H.B. 19, 2019].

House in Committee.

Clause 1 put and agreed to.

On Clause 2:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): Thank you Madam Chair. On Section 5 (2), we propose the amendment to align with the Corporate Governance Act where the tenure of the boards is 4 years.  The Act is actually speaking of 3 years, so, we propose the amendment to change that to 4 years.  I thank you.

Amendment to Clause 2 put and agreed to.

Clause 2, as amended, put and agreed.

Clauses 3 to 6 put and agreed to.

On New Clause 7:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU):

On the new Clause 7, which refers to Section 17 of the Act, we thought it is prudent to de-escalate the powers of the Minister and allow the Commission to carry its mandate.

Madam Chair, we are keen to have strong institutions working. We therefore feel it is necessary that the Commission has power to lease its estate as opposed to the Minister leasing the estates.  I therefore, propose this amendment to the Act.  I thank you

Amendment to New Clause 7 put and agreed to.

New Clause 7, as amended, put and agreed to.

On New Clause 8:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): Thank you Madam Chair, Clause 8 refers to Section 21 of the Forest Act which refers to the funds of the Commission.  Here it is just to expand to align to the realities of conservation as it stands.   We are, through Forestry Commission, going to be engaging alternative funding which includes trading and carbon credits which is why we propose for instance, if we look at (b) “’that any loans donations and grants made into the Commission by any person or agents or by any government of any country” this is expanding the potential revenues to the Commission.  So, we are merely aligning to the realities where currently Forestry Commission is also getting funds from the tobacco levy and also from the carbon tax.  I move that we make this amendment.

Amendment to New Clause 8 put and agreed to.

New Clause 8, as amended, put and agreed to.

On New Clause 9:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): On Clause 9, we are only proposing the deletion of the “comptroller” which we no longer have.  The Act still assumes the position of the comptroller exists.

Amendment to New Clause 9 put and agreed to.

New Clause 9, as amended, put and agreed to.

HON. DR. MASHAKADA: On a point of order! I thought the Committee Stage is for the whole House but in this case it is only the Minister who is making submissions.  I stand corrected.

THE TEMPORARY CHAIRPERSON (HON. MAVETERA): Thank you Dr. Mashakada.  The reason why I am asking ‘is there any debate’ is meant for you to be able to debate if you have got any contributions that you would want to make.  So, if you then do not respond or maybe if you remain silent, we will continue. So when I say is there any debate and you have something to say, you can stand so I can recognise you and you can contribute.  Also in terms of the question, the question is not put to the Minister but to the whole House, then the whole House responds.  Are you answered?

HON. DR. MASHAKADA:  Madam Chair, the Minister motivates.  The Bill has got three stages.  At the second stage the Minister outlines the clauses in the Bill and motivates why those clauses need to be amended.  When it passes the Second Reading, at the Committee Stage the whole House then concurs or does not concur.  So, we ask the Minister again to do what he did at the Second Reading of the Bill.  This is what I am saying.

THE TEMPORARY CHAIRPERSON:  On the Second Reading

that is when the Minister came here and he did that.  So, we are now on the Committee Stage where we go clause by clause. If you have any reservations or contributions you might wish to make you will be indulged. As it stands now, for him to be explaining all the additions that he made, he already did that when he presented during the Second Reading.

On new Clause 10:

MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. NDLOVU):

Madam Chair with your indulgence, may I just highlight something to Hon. Dr. Mashakada.  When I came for the Second Reading, mainly it was to respond to both the Committee and the contributions made by the Members.  I however did highlight - but I know you were not present on Tuesday. This Bill was brought to Parliament before I assumed office of the Ministry of Environment, Climate Change, Tourism and Hospitality Industry and when we went through the Bill, there were minor issues which we thought needed to be tidied up but were not covered in the Second Reading.  They are however in the notice of amendment which you already have.  It has not been explained to Members why they are there.  These are the ones we are focusing on only.  Thank you.

On new Clause 10, we looked at the Act which says, the Commission will only sit when the Chair wishes them to sit.  We believe that we need to clean this up and the board should sit quarterly.  We therefore propose that they sit once a quarter or hold a special meeting as and when circumstances require.

HON. T. MLISWA:  Not taking away from the Minister, but it seems to be a tendency and a culture for Boards to meet quarterly and that is mandatory, and of course as and when they can meet.  With the current economic quagmire that we have with inflation, by the time that they meet they would have been overtaken by events quarterly.  What you tend to find is that they seem to stick to those quarterly ones and they think they have satisfied that.  But then three months in an inflationary environment is quite retrogressive.  We see that with the Public Finance Management Act, Ministers and Ministries are not even giving the reports as required.  You would be expecting the boards meeting to feed into the Permanent Secretary who then gives a report to the Portfolio Committee as required by the Public Finance Management Act.  However, that has not been happening; So I really need some clarity on that because we are not factoring in the inflation aspect and the state of the economy which is quite critical at the end of the day.  I do not know what the take would be Madam Chair.

HON. NDLOVU:  I want to thank Hon. Mliswa for this important contribution.  Here we are referring to board meetings.  Ordinarily Committees have to meet monthly and we also have to be careful that the boards do not end up running institutions but providing the oversight function.  So, I still think that if the Committees are able to meet on a monthly basis they are able to provide the oversight but I also take his view that we also as Ministers take time to brief committees.  I think this is something we can always improve on.  Thank you.

HON. T. MLISWA:  I totally agree that Committees must meet monthly but is it law because we want it to be law as the aspect of oversight is critical. Then, they report to the full board quarterly.  That is where things have been going wrong because there is not much monitoring.  If it is law then I agree.  The reason why I say this is because I do not doubt the Minister’s capacity and his ways of running things are well appreciated.  He has the competence but what if you are not there?

HON. NDLOVU:  Thank you Madam Chair.  The Committee sittings are not regulated in the Act.  Generally, you do not want to over burden the Act.  Some things are administrative but if the feeling of the House is that it should be, though I do not think it is standard practice that Committee meetings are legislated in the Act.  I want to believe but I stand to be corrected that this is covered under the Corporate Governance Act.  We generally specify the meeting of the full board.  Thank you Madam Chair.

Amendment to new Clause 10 put and agreed to.

New Clause 10, as amended, put and agreed to.

Clause 4 put and agreed to.

On Clause 5:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): I move the amendment standing in my name that on page 2 of the Bill, by the insertion after Clause 13 of the following clause —

  1. AMENDMENT OF SECTION 55 (OWNER OR CCUPIER

OF PRIVATE LAND SHALL GIVE NOTICE OF INTENTION TO

DISPOSE OF INDIGENOUS TIMBER)

Section 55 (2) (c) (Owner or occupier of private land shall give notice of intention to dispose of indigenous timber”) of the Principal Act is amended by the addition of a new paragraph after paragraph (c):

“(d) After satisfying the above, the Commission shall carry out an inspection of the private land concerned.”

This speaks mainly of owners of private land who want to dispose of indigenous timber and they notify the Commission. We believe it is important that before they are given the permission to dispose of this timber, the Commission has to carry out an inspection of this private land so that we assess the sustainability of such disposal. We therefore propose the insertion of subsection (d) under section 55.

Amendment to Clause 5 put and agreed to.

Clause 5, as amended, put and agreed to.

Clause 6 put and agreed to.

On Clause 7:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): I move the amendment standing in my name that on page 3 of the Bill, by the deletion of sub clause (a) and (b) and the substitution of the following –

13. AMENDMENT OF SECTION 68 (PROVISION AND MAINTENANCE OF FIRE GUARDS ON COMMON BOUNDARIES)

Section 68 (“Provision and maintenance of fire guards on common boundaries”) of the principal Act is amended –

(a)  by the repeal of the sub-clause (a) and the substitution of the following—

 “(4) if any fireguard is of the width required by subsection (3),

but its sufficiency for the purposes of this section is disputed on the

ground that such fireguard is not sufficiently cleared of

inflammable matter, the dispute shall be referred for decision to the

designated Forest Officer. Appeals shall lie with the Provincial

Head and thereafter the Director-General whose decisions shall be

made within ten (10) working days respectively.

(b) by the repeal of sub clause (b) and the substitution of the following –

“(6) If a dispute arises as to the boundaries of the land in respect of which an occupier who is a miner is liable, under the provisions of this section, to assist in the establishment of a common fireguard or to contribute labour or towards the cost necessary to provide and maintain fireguards, such dispute shall be referred for decision to the designated forest officer who shall consult with a local environmental officer, as defined in section 2 of the Environmental Management Act [Chapter 20:27]. Appeals shall lie with the Provincial Head and thereafter the Director-General whose decisions shall be made within ten (10) working days respectively”.

On this one, we are merely trying to de-escalate again the powers which were given to the Minister. We believe that the Commission should have the powers to run its affairs. So, we are merely replacing where you would have your appeal directed to the Minister. It is now going to the Provincial Head and thereafter, if you are not satisfied, you take it to the Director General.

Madam Chair, I just want to highlight an omission which we had made in the notice of amendment on subsection (c), we had omitted to also indicate that we need to delete the word “General Manager” and replace it with “Director General” because we have changed that title to align it with others of EMA and National Parks.

HON. MLISWA: My concern is Minister is and I applaud the Minister as one of the few who does not want to have power, most would want it going through the Minister. It is real threat in African politics, especially in Zimbabwe but to then take it to the Provincial Head, then if not happy to the Director Manager yet you have said that the Commission must have a final say. So, if it goes to the General Manager where does the Commission come in? To me, we will probably have the Director General in consultation with the Commission because now you are giving too much power to the Director General yet the Director General has a board that he reports to and he is an ex-officio member. Are we not giving too much power to the Director General?

HON. M. NDLOVU: I agree with Hon. Mliswa that maybe the intention might not be realised in full. The assumption is that the decision taken by the Director General is in consultation with the Commission as they make the decision.

Amendment to Clause 7 put and agreed to.

Clause 7, as amended, put and agreed to

On Clause 8:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): I move the amendment standing in my name that on page 4 of the Bill, in line 1 after the words “by the” delete “General Manager” and substitute with “Provincial Head.”

Again, on this section we are apportioning appropriate authority to the Director General and where possible to the Provincial Head and we are removing the General Manager.

Amendment to Clause 8 put and agreed to.

Clause 8, as amended, put and agreed to.

Clauses 9 to 10 put and agreed to.

On Clause 11:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): I move the amendment standing in my name that on page 5 of the Bill, by the insertion after clause 11 of the following clause –

“17. New Section inserted in Cap 19:05

The principal act is amended by the insertion after section 75 of the following section—

“75A Appeals against decision of Commission

(1) Subject to this section, any person who is aggrieved by any decision of the Commission in terms of this Act, may with twenty-eight (28) days after being notified of the decision or action of the Commission, appeal in writing to the Minister.

Provided that such appeal shall not suspend the operation of a decision of the Commission.

(2) For the purpose of determining an appeal noted in subsection 1, the Minister may require the Commission to furnish him with the reasons for a decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based.

(3) The Minister may, after due and expeditious enquiry, make such a decision on any appeal noted in terms of subsection 1.”

(4). An appeal from the decision of the Minister shall lie with the Administrative Court and Part IX of the Environmental Management Act [Chapter 20:27] shall apply, mutatis mutandis, accordingly”.

Madam Chair, we propose the insertion of a new section which is section 75 (a) after section 75. This is appeals against the decisions of the Commission. Here we seek to also provide an avenue for the generality of our people to be able to appeal should they feel dissatisfied with the decisions that the Commission would have taken. We therefore provide that they can appeal in writing to the Minister. Again, if they are not satisfied that the decision taken by the Minister is fair they also have other recourse where they can appeal to the Administrative Court in line with Part 9 of the Environmental Management Act. I thank you.

  Amendment to Clause 11 put and agreed to.

Clause 11, as amended, put and agreed to.

On Clause 12, now Clause 18:

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON. M. NDLOVU): I move the amendment standing in my name that on page 5 of the Bill, by the deletion of clause 12 and the substitution of the following –

“18. AMENDMENT OF SECTION 78 (MAJOR OFFENCES)

Section 78 (“Major Offences”) of the principal Act is amended—

 (b) In subsection (2)—

  1. “by the repeal of paragraphs (a) and (b) and the substitution with the following—

(a) where damage has been wilfully caused, to a level ten (10) fine or imprisonment for a period not less than five (5) years or both such fine and such imprisonment;

(b) in any other case, to a level six (6) fine or imprisonment for a period not less than two (2) year or both such fine and such imprisonment.

  1. In subsection (3) by the repeal of paragraphs (i) and (ii) and with the substitution of the following—

“(i) where damage has been wilfully caused, to a level ten (10) fine or to imprisonment for a period not less than five (5) years or to both such fine and such imprisonment;

(ii) in any other case, to a level six (6) fine or to imprisonment for a not less than two (2) year or both such fine and such imprisonment.

(c) By the insertion of a new subsection after subsection (3) as follows—

“     (4) The Court shall take into account such aggravating factors as loss of human life, livestock, wildlife, trees/forest and other property;”

This new Clause refers mainly to the penalties which came strongly from both the Committee and the Hon. Members that they were not prohibitive enough to offenders on this very important natural resource. We, therefore, sort to make these penalties more prohibitive. In most instances they were talking either just a fine or a sentence. Here we are providing a higher penalty but also the options of one facing both a fine and a jail sentence. Thank you.

Amendment to Clause 12 put and agreed to.

Clause 12, as amended, put and agreed to.

Clauses 13 to 16 put and agreed to.

House resumed.

Bill reported with amendments.

Bill referred to the Parliamentary Legal Committee.

MOTION

BUSINESS OF THE HOUSE

HON. MUTAMBISI:  I move that the House reverts to Order of the Day Numbers 3.

HON. TEKESHE:  I second.

Motion put and agreed to.

COMMITTEE STAGE

CYBER SECURITY AND DATA PROTECTION BILL [H.B. 18, 2019]

Third Order read: Committee Stage: Cyber Security and Data Protection Bill (H.B. 18, 2019)

House in Committee.

On Clause 1:

THE MINISTER OF INFORMATION AND COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): I wish to move the amendment in my name as reflected on the Order Paper.  The proposal was to delete the words “Cyber Security” but we propose deletion of the word ‘security’ only.

Amendment to Clause 1 put and agreed to.

Clause 1, as amended, put and agreed to.

Clauses 2 to 3 put and agreed to.

On Clause 4:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE):  I wish to move the amendment in my name as reflected on the Order Paper.  The proposal was to delete Clause 13 and substitute it with a new Section 13, which in sub-paragraph 4 will incorporate the responsibility of Ministers responsible for Security and Minister responsible for ICT, Postal and Courier Services to consult on the implementation of this section.

Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of “and storage” after the word “processing”.

The proposal was to delete Clause 13 and substitute with a new Section 13, which in sub-paragraph 4 will incorporate the responsibility of Ministers responsible for security and Minister responsible for ICT, Postal and Courier Services to consult on the implementation of this section.

On page 9 of the Bill, in line 16, delete Clause 13 and substitute with –

13 Sensitive information

(1) No data controller shall process sensitive data unless the data subject has given consent in writing for such processing;

(2) The consent to the processing of data may be withdrawn by the data subject at any time and without any explanation and free of charge;

(3) The Authority shall determine the circumstances in which the prohibition to process the data referred to in this subsection (1) cannot be lifted even with the data subject’s consent “taking into account the factors surrounding the prohibition and the reasons for collecting the data”.

(4) The Minister responsible for the Cyber Security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to sensitive information affecting national security or the interests of the State.

(5) The provisions of subsection (1) shall not apply where—

(a)the processing is necessary to carry out the obligations and specific rights of the controller in the field of employment law; or

b)the processing is necessary to protect the vital interests of the data subject or/of another person, where the data subject is physically or legally incapable of giving his or her consent or is not represented by his or her legal, judicial or agreed representative; or

  1. c) theprocessingis carried out in the course of its legitimate activities by a foundation, association or any other non-profit organisation with a political, philosophical, religious, health-insurance or trade-union purpose and on condition that the processing relates solely to the members of the organisation or to persons who have regular contact with it in connection with such purposes and that the data is not disclosed to a third party without the data subjects’ consent; or
  2. d) the processing is necessary to comply with national security laws;or
  3. e) theprocessingis necessary, with appropriate guarantees, for the establishment, exercise or defence of legal claims; or
  4. f) the processing relates to data which has been made public by the data subject; or
  5. g) the processing is necessary for the purposes of scientificresearch:

Provided the Authority shall be entitled to specify the conditions under which such processing may be carried out; or

  1. h) the processing of data is authorised by a law or any

regulation for any other reason constituting substantial public interest.

(6)   Without prejudice to the application of sections 5 to 8, the processing of data relating to sex life is authorised if—

  1. a) itiscarried out by an association with a legal personality

or by an organisation of public interest whose main objective, according to its Memorandum and Articles of Association, is the evaluation, guidance or treatment of persons of such sexual conduct, and who is recognised by a competent public body as being responsible for the welfare of such persons;

  1. b) the objective of the processing of the data consist of the

evaluation, guidance and treatment of the persons referred to in this section, and the processing of data relates only to the aforementioned persons:

Provided that the competent public body referred to in the paragraph grants a specific, individualised authorisation, having received the opinion of the Authority.

(7) The authorisation referred to in this section shall specify the duration of the authorisation, the conditions for supervision of the authorised association or organisation by the competent public body, and the way in which the processing must be reported to the Authority.”

Amendment to Clause 4 put and agreed to.

Clause 4, as amended, put and agreed to.

Clauses 5 to 14 put and agreed to.

On Clause 15;

HON. GANDAWA:  I move the amendment in my name as stated on the Order Paper.

The Bill is amended on page 11 in line 22 by the insertion of the following new clauses and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

Every data controller or data processor shall ensure that personal information is—

(a) processed in accordance with the right to privacy of the data subject;

(b) processed lawfully, fairly and in a transparent manner in relation to any data subject;

(c) collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;

(d) adequate, relevant, limited to what is necessary in relation to the purposes for which it is processed;

(e) collected only where a valid explanation is provided whenever information relating to family or private affairs is required;

(f) accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and

(g) kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.

Amendment to Clause 15 put and agreed to.

Clause 15, as amended, put and agreed to.

On Clause 16;

HON. GANDAWA:  I move the motion in my name as stated on the Order Paper.

Rights of Data Subject

  A data subject has a right to—

(a) be informed of the use to which their personal information is to be put;

(b) access their personal information in custody of data controller or data processor;

(c) object to the processing of all or part of their personal information;

(d) correction of false or misleading personal information; and

(e) deletion of false or misleading data about them.”

HON. S. BANDA:  Thank you Madam Chair.  I do not know.  If I find somebody doing something with my wife, and then I take a picture or a video of somebody who is engaging illicitly with my wife, I do not think I should be punished.  Rather, it is the other person who should be punished because he is illegally eating what does not belong to them.  I thank you.   

THE MINISTER OF INFORMATION, COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE):  Thank you Madam Chair. I think everything else is well catered for in terms of the Bill but when it refers to the marriages issue, I think that is well catered for by the Marriages Act.  Thank you.

Amendment 16 put and agreed to.

Clause 16, as amended, put and agreed to.

Clauses 17 to 18 put and agreed to.

On Clause 19;

HON. GANDAWA:  I move the amendment in my name that;

Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of “without an undue delay” and the substitution of “within twenty-four (24) hours”.

Amendment to Clause 19 put and agreed to.

Clause 19, as amended, put and agreed to.

On Clause 20;

HON. GANDAWA:  I move the amendment standing in my name that;

Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of sub-clause (6) and the substitution of the following—

    “(6)   The Authority shall provide guidelines that provide for the qualifications and functions of  a data protection officer and such data protection officer’s duties shall include—

(a)   ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;

(b) dealing with requests made to the data controller pursuant to this Act;

(c)       working with the Authority in relation to the performance of its functions in relation to the data controller.”

Amendment to Clause 20 put and agreed to.

Clause 20, as amended, put and agreed to.

Clauses 21 to 27 put and agreed to.

On Clause 28:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLONGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): I move the amendment standing in my name that on page 16 of the Bill in line 13, insert a new sub-clause (4) as follows—

“(4) The Minister responsible for the Cyber security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to transfer of personal information outside of Zimbabwe.”

HON. GANDAWA: Thank you Hon. Chair, I suppose the Minister will take note that we are removing the word cyber security to cyber only.  Thank you.

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLONGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): Thank you Hon. Chair.  Certainly the justification is to safeguard the information with security implications.

Amendment to Clause 28 put and agreed to.

Clause 28, as amended, put and agreed to.

Clauses 29 to 32 put and agreed to.

On Clause 33:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLONGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE):  I move the amendment in my name that on page 18 of the Bill in line 5, insert after “11” the number “13”.

Amendment to Clause 33 put and agreed to.

Clause 33, as amended, put and agreed to.

Clause 34 put and agreed to.

On Clause 35:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLONGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE):  I move the amendment in my name that n page 21 of the Bill, in line 9 insert a new sub paragraph after sub paragraph (d) as follows—

“(e) in an aggravating circumstance certified by the Cyber Security and Monitoring Centre to be a breach of state security to a fine not exceeding level 14 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.”

  On page 27 of the Bill, in line 6, delete clauses 165B to 166D.

HON. GANDAWA:  Thank you Madam Speaker Ma’am.  I wish to submit that I wish the Minister will take note of the word ‘security’ in his proposals that he intends to make, otherwise the debate that I have is as per the Order Paper. Thank you Madam Chair.

Clause 35 of the Bill is amended—

(a) on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;

(b) on page 26 in lines 3-10 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium accessible by any person, with the intent to coerce, intimidate,   harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

and the substitution of—

         “(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

               (2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

                    Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.

(c) on page 26 in lines 34-39 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.

and the substitution of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

(d) on page 27 by the insertion of the following after line 22—

“164F. Recording of genitalia and buttocks beneath closing without consent

                     (1) Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

                     (2) Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;

(e) on page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—

“165 Child sexual abuse material

(1)  In this Act—

        “Child sexual abuse material” means any

              representation through publication, exhibition,

              cinematography, electronic means or any other

               means whatsoever, of a child, a person made to

               appear as a child or realistic material

               representing a child, engaged in real or

               simulated explicit sexual activity, or any

               representation of the sexual parts of a child for

               primarily sexual purposes.

(2)Any person who unlawfully and intentionally, through a computer or information system—

(a) produces child sexual abuse material;

(b) offers or makes available child sexual abuse material;

(c) distributes or transmits child sexual abuse material;

(d) procures or obtains child sexual abuse material for oneself or for another person;

(e) possesses child sexual abuse material on a computer system or a computer-data storage medium;

(f)  knowingly obtains, accesses or procures child sexual abuse material;

(g) baits a child into the production or distribution of child sexual abuse material

shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

                    (3)  Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.”.

(f) on page 31 by the insertion of the following paragraph after line 37—

“(f) against citizens or permanent residents of Zimbabwe.”

HON. S. BANDA:  Thank you Madam Chair.  On Clause 35, I just want to find out from the Hon. Minister, where it reads (3) any person who records nude videos of a citizen or a resident of Zimbabwe without consent shall be guilty. It seems like the focus is only on those who are Zimbabweans, how about if a foreigner is recorded, is it legal to record a foreigner?  I am asking if it is possible to penalize even if it is a picture which belongs to a foreigner.

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): Thank you. I wish to move the amendment in my name as reflected on the Order Paper Clause 35 of the Bill is amended—

  1. a)  On page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;
  2. b)  On page 26 in lines 3-10 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

and the substitution of—

 “(1) Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”

  1. a) On page 26 in lines 34-39 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment” and the substitution of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”

  1. a) On page 27 by the insertion of the following after line 22—

“164F. Recording of genitalia and buttocks beneath closing without consent;

(1) Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognisable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

  (2) Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;

  1. a) On page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—

“165 Child sexual abuse material

(1)  In this Act—

“Child sexual abuse material” means any representation through publication, exhibition, cinematography, electronic means or any other means whatsoever, of a child, a person made to appear as a child or realistic material representing a child, engaged in real or simulated explicit sexual activity, or any representation of the sexual parts of a child for primarily sexual purposes.

(2) Any person who unlawfully and intentionally, through a computer or information system—

  1. a) produces child sexual abuse material;
  2. b) offers or makes available child sexual abuse material;

c)distributes or transmits child sexual abuse material;

  1. d) procures or obtains child sexual abuse material for oneself or for another person;
  2. e) possesses child sexual abuse material on a computer system or a computer-data storage medium;
  3. f)  knowingly obtains, accesses or procures child sexual abuse material;
  4. g) baits a child into the production or distribution of child sexual abuse material shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

(3)  Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.”.

(g) on page 31 by the insertion of the following paragraph after line 37—

“(f) Against citizens or permanent residents of Zimbabwe.”

In terms of Hon. Banda, the Bill I agree, will be able to cover all the citizens including the foreigners who will be in Zimbabwe and certainly, Hon. Gandawa, the Cyber Security and Monitoring Centre is there to give policy direction and guidance to the Minister on issues of national security that would constitute aggravating circumstances in this case. Thank you.

Amendments to Clause 35 put and agreed to.

Clause 35, as amended, put and agreed to.

On New Clause 36:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): I wish to move the amendment in my name as reflected On the Order Paper. On page 27 of the Bill, in line 6 insert a new clause as follows—

“36 Insertion of New Part in Cap.9:07

The Criminal Procedure and Evidence Act [Chapter 9:07] is amended by the insertion of after Part XX of the following Part—

“PART XXA

PROVISIONS RELATING TO CYBER CRIME

379ASearch and seizure

(1) In this section “seize” includes—

  1. a) taking possession of or securing a computer;
  2. b) securing a computer system or part thereof or a computer-data storage medium;
  3. c) taking a printout or output of computer data;
  4. d) making and retaining a copy of computer data, including through the use of use of onsite equipment;
  5. e) activating any onsite computer system or computer data storage media;
  6. f) maintaining the integrity of any stored relevant computer data;
  7. g) rendering inaccessible or removing computer data in the accessed computer system.

(2) A magistrate may, on an application by a police officer    in the prescribed form, that specified computer data or a printout or other information is reasonably required for the purpose of a criminal investigation or criminal proceedings, order that—

  1. a) apersonin Zimbabwe in control of the relevant computer system produce from the system specified computer data or a printout or other intelligible output of that data; or
  2. b) an electronic communications service provider inZimbabwe produce information about personswho subscribe to or otherwise use the service.

(3) An application referred to in subsection (1) shall be supported by an affidavit in which the police officer shall set out the offence being investigated, the computer system in which it is suspected to be stored, the reasonable grounds upon which the belief is based, the measures that will be taken in pursuance of the investigation and the period over which those measures will the taken.

(4) A police officer granted a warrant in terms of this section may—

  1. a) if there are reasonable grounds to believe that computer data concerned is susceptible to loss, alteration, deletion, impairment or modification, by written notice given to a person in control of the computer data, require thepersonin control of the data to ensure that the data specified in the notice is preserved for a period not exceeding seven days as may be specified in the notice which period may be extended, on an application to a magistrate, for such period as the magistrate may grant;
  2. b) by written notice to a person in control of the computer systemorinformation system concerned, require the person in control thereof to disclose relevant traffic data concerning specified communications in order to identify—
  3. i) the service providers; or

(ii) the path through which the communication was transmitted.

(5) Any person who does not comply with the order given in terms of this section shall be guilty of an offence and liable to a fine.

379B Expedited preservation

(1) A magistrate may, on an application by a police officer in the prescribed form, that there are reasonable grounds to suspect or believe that traffic data associated with a specified communication is required for the purposes of a criminal investigation—

  1. a) order any person in control of such data to—

(i) collect, record or preserve the traffic data associated with a specified communication during a specified period; or

(ii)  permit and assist a specified police officer to collect or record that data.

(a) authorise the police officer to collect or record traffic data associated with a specified communication during a specified period through the use of any appropriate technological means.

(2) Section 33(3) of the Data Protection Act [Chapter 11:22] shall apply mutatis mutandis to an application in terms of this section.

379C Obligations and immunity of service providers

(1) An electronic communications network or access service provider shall not be criminally liable for providing access or transmitting information through its system if such service provider has not—

(a) initiated the transmission; or

(b) selected the receiver of the transmission; or

(c) (c)selected or modified the information contained in the transmission.

(2) The provision of access or the transmission referred to in subsection (1) shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and the information is not stored for any period longer than is reasonably necessary for the transmission.

(3) A hosting provider shall not be criminally liable for the information stored at the request of a user of the service if the hosting provider—

(a)    Promptly removes or disables access to the information after receiving an order from any court of law to remove specific stored illegal information; or

(b) In any other manner, obtains knowledge or becomes aware of any illegal information stored, promptly informs the appropriate authority to enable it to evaluate the nature   of the information and if necessary, issue an order for its removal.

(4) Subsection (3) shall not apply where the user of the service is acting under the authority or the control of the hosting provider.

(5) Where the hosting provider removes the content after receiving an order pursuant to sub-section (3), no liability shall arise from the contractual obligations with the user with regard to the availability of the service.

(6) A hosting provider who fails to remove or disable access to information in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(7) A caching provider shall not be criminally liable for the automatic, intermediate or temporary storage of information where the caching was performed for the sole purpose of making the onward transmission of the information to other users of the service upon their request more efficient if the caching provider—

(a) does not modify the information;

(b) complies with conditions of access to the information;

(c) complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(d) (d)does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and

(e)  Acts promptly to remove or to disable access to the information it has stored upon obtaining knowledge that the information has been removed from the network at the initial source of the transmission, or that access to it has been disabled, or that a court or an appropriate public authority has ordered such removal or disablement.

(8) A caching provider who contravenes the conditions set out in subsection (7) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(9) An internet service provider who enables access to information provided by a third person by providing an electronic hyperlink shall not be criminally liable with respect to the information if the internet service provider—

(a)  Promptly removes or disables access to the information after receiving an order from an appropriate public authority or court to remove the link; or

(b) (b) Through other means, obtains knowledge or becomes aware of stored specific illegal information promptly informs the appropriate authority to enable it to evaluate the nature of the information and if necessary issue an order for its removal.

(10) An internet service provider who fails to promptly remove or disable access to information in terms of subsection (9) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.

(11) Any service provider who knowingly enables access to, stores, transmits or provides an electronic hyperlink to, any information with knowledge of the unlawfulness of the content of any such information shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment not exceeding a period of ten years or to both such fine and such imprisonment.

379D Jurisdiction

(1)  A court in Zimbabwe shall have jurisdiction to try any offence under this Act where the offence was committed wholly or in part—

(a)  within Zimbabwe or by any person in or outside Zimbabwe using a computer or information system or device, software  or data located in Zimbabwe; or

(b)  on a ship or aircraft registered in Zimbabwe; or

(c)  by a national or permanent resident of Zimbabwe or  a person carrying on business in Zimbabwe, whether or notthe offence is committed in Zimbabwe; or

(d)  by a national or permanent resident of Zimbabwe  or  a person carrying on business in Zimbabwe and the offence is committed outside Zimbabwe, if the person’s conduct also constitutes an offence under the law of the country where the offence was committed and harmful effects were caused in Zimbabwe; or

(e)  by any person, regardless of the location, nationality or citizenship of the person—

(i)  using a computer or information system or device, software, or data located within Zimbabwe; or directed against a computer or information system or

(ii)  device, software or data located in Zimbabwe.

379E Admissibility of electronic evidence;

  (1) In any criminal proceedings for an offence in terms of this Act, evidence generated from a computer system or by means of information and communications technologies or electronic communications systems shall be admissible in court.

 (2) In assessing the admissibility or evidential weight of the evidence, regard shall be given to—

(a) the reliability of the manner in which the evidence was generated, stored or communicated

(b) the integrity of the manner in which the evidence was maintained;

(c) the manner in which the originator or recipient of the evidence was identified; and

(d) Any other relevant factors.

 (3) The authentication of electronically generated documents shall be as prescribed in rules of evidence regulating the integrity and correctness of any other documents presented as evidence in a court of law.

 (4) This section shall apply in addition to and not in substitution of any other law in terms of which evidence generated by computer systems or information and communications technologies or electronic communications systems or devices may be admissible in evidence.

379F Forfeiture

   A court convicting any person of an offence under this Act may order the forfeiture to the State of—

(a) any money, asset or property constituting or traceable to the gross proceeds of such offence; and

(b) any computer or information system, software or other devices used or intended to be used to commit or to facilitate the commission of such offence.”

The proposal is to delete Clauses 165(b) to 166(d). Thank you.

Amendments to New Clause 36 put and agreed to.

Clause 36, as amended, put and agreed to.

On New Clause 37:

THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE): I wish to move the amendment in my name as reflected on the Order Paper On page 31 of the Bill, insert after Clause 36 a new clause as follows—

37 Amendment of Cap.11:22

(1) The Interception of Communications Act [Chapter 11:20] (hereinafter called the “principal Act”) is amended in section 2 —

(a) by the repeal of the definition of “monitoring centre” and substitution of—

““cyber security and monitoring centre” means the Cyber Security and Monitoring of Interception of Communications Centre being unit central monitoring apparatus designated to be the monitoring facility through which all the intercepted communications and call-related information of a particular interception target are forwarded to an authorised person;”

(2) The principal Act is amended in by the repeal of section 4 and the following is substituted—

“4 Cyber Security and Monitoring of Interceptions of Communications Centre

(1) There shall be established a unit in the Office of the President, which shall be called the Cyber Security and Monitoring of Interception of Communications Centre.

 (3) The cyber security and monitoring centre shall be advised by a committee which shall give advice to the director of the centre on whether or not a warrant should be issued.

The cyber security and monitoring centre shall be manned, controlled and operated by technical experts designated by the agency.

(4) The cyber security and monitoring centre shall give technical advice to—

(a) Authorised persons; and

(b) Service providers;

On cyber security and the interception of communications in terms of this Act.

(3) The principal Act is amended by the insertion after section 4 of the following sections—

“ 4A Functions of Cyber Security and Monitoring of Interceptions of Communications Centre

The functions of the Cyber Security and Monitoring Centre shall be to—

(a) be the sole facility through which authorised interceptions shall be effected;

(b) advise Government and implement Government policy on cybercrime and cyber security;

(c) identify areas for intervention to prevent cybercrime;

(d) coordinate cyber security and establish a national contact point available daily around-the-clock;

(e) establish and operate a protection-assured whistle-blower system that will enable members of the public to confidentially report to the Committee cases of alleged cybercrime;

(f) promote and coordinate activities focused on improving cyber security and preventing cybercrime by all interested parties in the public and private sectors;

(g) provide guidelines to public and private sector interested parties on matters relating to awareness, training, enhancement, investigation, prosecution and combating cybercrime and managing cyber security threats;

(h) oversee the enforcement of the Act to ensure that it is enforced reasonably and with due regard to fundamental human rights and freedoms;

(i) provide technical and policy advice to the Minister;

(j) advise the Minister on the establishment and development of a comprehensive legal framework governing cyber security matters.

4B Establishment of Cyber Security Committee

(1) There is hereby established a committee to be known as the Cyber Security Committee which will shall be an ad hoc advisory body to the Minister.

 (2) The Cyber Security Committee shall consist of eleven members appointed by the Minister for their knowledge in computer and telecommunications, law and policy and skills in respect of any aspect dealt with in this Act as follows—

(a) one representative nominated by each of the following—

(i) The Postal and Telecommunications Regulatory Authority of Zimbabwe;

(ii) The ministry responsible for information and communications technologies;

(ii) The ministry responsible for science and technology;

(iii) The ministry responsible for justice;

(iv) The Zimbabwe Republic Police;

(v) The National Prosecution Authority;

(vi) The ministry responsible for defence;

(vii) The Central Intelligence Organisation;

(viii) The Prisons and Correctional Service;

(b) one representative from the cyber security and monitoring centre;

(c) Any representative from any sector of the economy or any other person who may be necessary to the deliberations in respect of a particular warrant, appointed on an ad hoc basis.

      (4) From among the appointed members, the Minister shall appoint the Chairperson of the Cyber Security Committee.

      (5) The Committee shall, at its first meeting, elect a Vice-Chairperson of the Board from among its members:

     Provided that the Chairperson and the Vice Chairperson shall be of different genders.

      (6) The provisions of the Schedule apply to the Cybersecurity Committee.

(7) The Cyber Security Committee may, with the approval of the Minister, issue such guidelines as may be necessary for the carrying out of the provisions of this Act as it relates to its functions under this Act.”

(4) The principal Act is amended in section 5 by the insertion after subsection 3 of the following subsection—

 “(4) The Minister, upon receiving an application for a warrant in terms of this section, shall refer the application to the Cyber security committee, who shall advise the Minister on whether or not any of the reasonable grounds to issue a warrant referred to in section 6 are present:

Provided that Minister may issue a provisional warrant if in his or her opinion any of the reasonable grounds referred to in section 6 are present.

(5) The Minister may withdraw a warrant issued provisionally upon the advice of the Committee that no reasonable grounds to issue to the warrant existed, without prejudice to anything that may be done by virtue of the warrant issued by the Minister between the time he or she issued it provisionally and the time it was referred to the committee and withdrawn.”

(5) The principal Act is amended by the insertion of the following Schedule —

 “37 Amendment of Cap.11:22

(1) The Interception of Communications Act [Chapter 11:20] (hereinafter called the “principal Act”) is amended in section 2 —

Amendments to New Clause 37 put and agreed to.

New Clause 37, as amended, put and agreed to.

SCHEDULE (4B (6))

  1. (1) Subject to this Schedule, a member shall hold office for such period, not exceeding five years, as the Minister may fix on his or her appointment.

(2) Subject to paragraph 8, a member shall hold office on such conditions as the Minister may fix in relation to members generally.

(3) A retiring member shall be eligible for re-appointment as a member.

Disqualification for appointment as member

  1. (1) The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member if he or she—

(a) is married to a person who is engaged in any activity connected with any business, if in the opinion of the Minister such financial interest or activity is likely to interfere with the impartial discharge by that person of his or her duties as a member; or

(b) has, in terms of a law in force in any country—

(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

(ii) made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside; or

(c)  has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted—

(i)  In Zimbabwe, of an offence; or

(ii) Outside Zimbabwe, in respect of conduct which if committed in Zimbabwe would constitute an offence; and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.

(2) A person who is—

(a) A Member of Parliament; or

(b) A member of two or more other statutory bodies;

Shall not be appointed as a member, nor shall he or she be qualified to hold office as a member.

(3) For the purpose of subparagraph (2)(b)—

(a)  a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body, shall be regarded as a member of that statutory body;

“Statutory body” means—

(i)  any Commission established by the Constitution; or

(ii) anybody corporate established-directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, Vice President, a Minister or a statutory body or by a Commission established by the Constitution

Vacation of office by member

  1. A member shall vacate his or her office and the member’s office shall become vacant—

(a) one month after the date upon which he or she gives notice in writing to the Minister of his or her intention to resign or on the expiry of such other period of notice as the member and the Minister may agree; or

(b) on the date he or she begins to serve a sentence of imprisonment imposed in Zimbabwe without the option of a fine—

  1. A) in Zimbabwe, in respect of an offence; or
  2. B) outside Zimbabwe, in respect of conduct which if committed in Zimbabwe, would constitute an offence; or

(c) if he or she becomes disqualified in terms of paragraph 2(1)(a), (b) or (c) to hold office as a member; or

(d) if he or she is required in terms of paragraph 4 to vacate his or her office.

Dismissal or suspension of members

  1. (1) The Minister may require a member to vacate his or her office if the member—

(a) has been guilty of any conduct that renders him or her unsuitable as a member; or

(b) has failed to comply with the conditions of his or her office fixed by the Minister in terms of paragraph 1(2); or

(c) is mentally or physically incapable of efficiently carrying out his or her functions as a member.

 (2) The Minister, on the recommendation of the Board, may require a member to vacate his or her office if the member has been absent without the permission of the Board from two consecutive meetings of the Board of which he or she was given at least seven days’ notice and there was no just cause for the member’s absence.

(3) The Minister may suspend a member—

(a)   whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (1)(a); or

(b) Against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed; and while that member is so suspended he or she shall not carry out any functions as a member.

Filling of vacancies in Board

  1. On the death of or the vacation of office by a member the Minister shall appoint a person to fill the vacancy.

Meetings and procedure of Board

  1. (1) The Cyber security Committee shall hold its meetings on an ad hoc basis on such date and at such place as the Minister may fix.

 (2) The chairperson or, in his or her absence, the vice-chairperson shall preside at all meetings of the Committee:

Provided that, if the chairperson and the vice-chairperson are absent from a meeting of the Committee, the members present may elect one of their number to preside at that meeting as chairperson.

(3) Five members shall form a quorum at any meeting of the Committee.

(4) All acts, matters or things authorised or required to be done by the Committee may be decided by a majority vote at a meeting of the Committee at which a quorum is present.

 (8) Subject to subparagraph (9), at all meetings of the Committee each member present shall have one vote on each question before the Committee and, in the event of an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.

Validity of decisions and acts of Board

  1. No decision or act of the Committee or act done under the authority of the Committee shall be invalid by reason only of the fact that a disqualified person acted as a member of the Committee at the time the decision was taken or act was done or authorised.

Minutes of proceedings of Board and committees

  1. (1) The Committee shall cause minutes of all proceedings of and decisions taken at every meeting of the  Committee to be entered in books kept for the purpose in a confidential manner.”

Amendments to Schedule (4B (6), put and agreed to.

Schedule (4B (6), as amended, put and agreed to.

House resumed.

Bill reported with amendments.

Bill referred to the Parliamentary Legal Committee.

TABLING OF AUDIT REPORT

PROTECTION OF WETLANDS BY THE ENVIRONMENTAL MANAGEMENT AGENCY

THE MINISTER OF ENVIRONMENT, CLIMATE CHANGE, TOURISM AND HOSPITALITY INDUSTRY (HON M. NDLOVU): In terms of Section 12 (1) of the Audit Office Act [Chapter 22:18], I hereby lay upon the table the value for money Audit Report of the Auditor General on the protection of wetlands by the Environmental Management Agency which is under the Ministry of Environment, Climate Change, Tourism and Hospitality Industry. I thank you.

On the motion of THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES (HON. DR. MUSWERE), the House adjourned at Six o’clock p.m. until Tuesday, 20th July 2021.  

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