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NATIONAL ASSEMBLY HANSARD 17 February 2016 42-36


Wednesday, 17th February, 2016

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


(THE HON. SPEAKER in the Chair)




THE HON. SPEAKER:   I wish to inform all Portfolio

Committee Chairpersons and members of the Committee on Finance and

Economic Development that they are invited by the Office of the

President and Cabinet to a sensitisation workshop on Procurement

Reform, to be held on 19th February, 2016, at Kadoma Hotel and Conference Centre.  Hon. Members are expected to check in on 18th

February, 2016.  Presumably, this means in the evening.


HON. MANGAMI:  Thank you Mr. Speaker SirMy question is directed to the Minister of Tourism and Hospitality Industry.  Hon.

Minister, what is your Ministry’s policy regarding the promotion of tourism in all the communities, including the rural areas?


INDUSTRY (HON. ENG. MZEMBI):  I want to thank the Hon.

Member for that incisive question.  In our Ministry structure, we have a dedicated Domestic Tourism Department that is now charged with the responsibility of going on the ground…

THE HON. SPEAKER:  Order, order.  Hon. Minister, can you raise your voice, Hon. Members at the back cannot hear you?

HON. ENG. MZEMBI:  Mr. Speaker Sir, I wish to share with

Parliament that we have conceived a fully-fledged Domestic Tourism Division within my Ministry whose responsibility is basically to rewrite the Domestic Tourism Policy and take it to the people.  Products that we have conceived in the last two years since consummation of the National Tourism Policy in 2012 include the now popular religious tourism, liberation enshrinement, historical tourism, cultural tourism and community based tourism enterprises.  Lately, of late, we are going to within the context of the national tourism master plan evolving rural products that will build up to the national tourism product as enshrined within the National Tourism Policy.  I thank you.

HON. R. N. S. MAWERE:  Thank you Mr. Speaker Sir.  I have noticed that Hon. Made is not around, so I do not know, maybe if I could direct my question to the Leader of the House.  There are about 600 former employees gathered at GMB for the past 10 days.  They want to get their arrears but there is no response from management.  They are just seated there; some are breast feeding.  So, I do not know if the Ministry is aware of this position and I do not know how these people could be rescued because they are suffering.  They have been sleeping out in the open for the past two weeks.  I thank you Mr. Speaker Sir.



MNANGAGWA):  Thank you Mr. Speaker Sir.  I thank the Hon. Member for telling us what we did not know, that there are some people gathered at some place who require assistance from Government.  We will certainly attend to the issue.

Fortunately, the Minister of Agriculture, Mechanisation and Irrigation Development has just walked in.  Perhaps he has knowledge on this issue.  Hon. Made, there is a question on the floor just now that there are some people, I do not know where, but they work for the GMB and they have babies, so they need assistance – [Laughter] -.


heard of the issue raised and management is dealing with that matter.  Management has been instructed to handle that matter because management was not responding to the workers.  So, the matter is being dealt with.

HON. MANDIPAKA: Thank you Mr. Speaker.  Can the Hon.

Minister highlight how soon management is going to attend to that matter because those people are quite desperate?  It is now two weeks while they are camping at that place.  I thank you.

HON. DR. MADE: It involves financial resources. I cannot answer that.

HON. MUTSEYAMI: Thank you Mr. Speaker Sir.  My

supplementary question to Hon. Made is to complement what Hon. Mandipaka said.  Did the Minister get details of challenges these families are facing outside the Grain Marketing Board (GMB) depot.  I am sure as an Hon. Minister of the Republic of Zimbabwe, you looked into the matter and when you discussed this issue with management there, you made up some provisions.  What are those provisions which bears for those families to leave the place rather than for us to say we do not have an answer, blah! Blah!  Let us be serious.

HON. DR. MADE: Thank you Mr. Speaker.  There has been no

blah, blah – [Laughter] – The matter is very specific; it involves payment that is due to the workers – [HON. MEMBERS: Inaudible interjections.] – I cannot answer that one.  It depends on when the resources are mobilised.  Thank you.

HON. R. N. S. MAWERE: Thank you Mr. Speaker Sir.  It would

also appear that there is now a health hazard at that place.  So, a quick solution is required as soon as possible. When is that as soon as possible going to be implemented? – [HON. MEMBERS: Hear, hear.] –


MNANGAGWA): Mr. Speaker Sir, now that I am fully aware of the reason why the Hon. Member asked that question, a lot of information has been passed on to me as I was seated.  I think it is necessary for Government to react to the plight of the people stationed at this particular place – [HON. MEMBERS: Hear, hear.] – Let me assure the House that everything possible will now be done to attend to their plight.

I thank you.

HON. MARIDADI: On a point of order.  Mr. Speaker Sir, I am worried that the Minister of Agriculture, Mechanisation and Irrigation Development is here and he defers the question pertaining to his Ministry to the Vice President.  Does it mean that the Minister has no capacity to deal with issues arising from his Ministry?

THE HON. SPEAKER: Order, order!  I think the point of order

raised must be in context of the fact that the Hon. Vice President, as

Leader of Government Business…

Hon. Rungani having made noise while trying to create space for Ministers to have seats.

THE HON. SPEAKER: Deputy Chief Whip, Hon. Deputy Chief

Whip, order! order!  I was saying the point of order is noted from Hon.

Maridadi.  I think it should be put in context that the Leader of

Government Business was on his feet.  He had been recognised and after consultation, he had to answer.  I also think Cabinet exercises is collective responsibility.  In that regard, the point of order is noted but must be put in context.

HON. MARIDADI: Thank you Mr. Speaker.  I have two Herald newspapers here. In one of the newspapers, Government is advertising STEM and in another newspaper, there is an advertisement by the Ministry of Primary and Secondary Education which says they do not know anything about STEM.  My question is then directed to the Minister of Primary and Secondary Education. What is Government policy on STEM?



Speaker Sir.  The Government policy on STEM is to, as much as possible encourage the taking up of Science, Technology, Engineering and Mathematics education at all levels.  We have reviewed our curriculum to where, at every level of our education, we are going to emphasise STEM, depending on a stage.

At infant level, it is rudimentary; at junior level, it becomes more focused and at secondary level, there is a lot more emphasis on science education.  We are doing everything possible to ensure that facilities are there and teachers are trained in order for us to deliver on STEM.

THE HON. SPEAKER: Order, order!  I think the Hon. Minister did not understand the question.  There is an advertisement from

Ministry of Higher and Tertiary Education, Science and Technology

Development and another from the Ministry of Primary and Secondary Education, contradicting each other.  What is the correct position; where does STEM lie?  That is the question.

HON. MAVIMA: Thank you Hon. Speaker Sir. The specific programme that people are referring to would be best responded to by the Ministry of Higher and Tertiary Education, Science and Technology Development. What I was doing was to comment on the policy that we have as a Ministry …-[HON. MEMBERS: Inaudible interjections.]-     THE HON. SPEAKER: Order, order.


GANDAWA): I want to thank Hon. Maridadi for asking the question. STEM lies in both Ministries and it is the responsibility of both

Ministries to make sure that we advance the development of STEM. It will not make sense for us to start STEM at the Higher and Tertiary level without starting it at kindergarten. So, our sister Ministry, the Ministry of Primary and Secondary Education has embarked on a comprehensive curriculum review in which they have started to implement STEM at the lower level whilst we take it up at the higher level. Both Ministries serve one Principal who is the President, Cde. R. G. Mugabe. We are only

Agents … -[HON. MEMBERS:  Inaudible interjections.]- Mr. Speaker

Sir, …

THE HON. SPEAKER: Order, order! Can I direct the House that

if we have called on the Hon. Minister to respond, let us hear him and if you have got a supplementary question, then we can proceed accordingly. May the Hon. Minister proceed? –[HON. MEMBERS: Inaudible interjections]- I have ruled that the Hon. Minister should proceed. That is my ruling.

HON. DR. GANDAWA: Mr. Speaker Sir, whether we like it or not, every country has a President … – [HON. MEMBERS: Inaudible

interjections]- and both Ministries are Agents of the Principal and the Principal is Cde. R. G. Mugabe who has directed that we should train our people with cutting edge skills, (STEMITISED) so that we are able to industrialise our country. So, both Ministries should be able to implement STEM as per the directive of the President. I thank you Mr.

Speaker Sir.

HON. KWARAMBA: Thank you Mr. Speaker Sir. I would like to

know if pupils are going to be enrolled this term for STEM.  As I was going around looking for my child’s lower sixth place, one head was

approached and he said STEM haisati yaakushanda. Thank you.

HON. ENG. MUDZURI: On a point of order Mr. Speaker.

THE HON. SPEAKER: What is your point of order?

HON. ENG. MUDZURI: I raise my point of order on conditions of Privileges Hon. Speaker. When Ministers are giving answers, let them respect the House. My point of order is that the Minister is referring to their work related to the Principal. They are supposed to be serving the country. They have been appointed to serve Zimbabwe. When they are answering a question; when they are given a directive, the directive is supposed to serve Zimbabweans not an individual. That is why this House is here to ask questions. So, to serve a person the principal alone is wrong but to serve Zimbabwe is important. What happens when the Principal is not there?

THE HON. SPEAKER: May I respond to that point of order. I draw your attention Engineer Mudzuri to Chapter 5 of the Constitution which says, the Executive authority derives from the people of

Zimbabwe and must be exercised in accordance with this Constitution. Section 2, the Executive authority of Zimbabwe vests in the President who exercises subject with his Constitution and through Cabinet. This is very clear.

HON. DR. GANDAWA: Thank you very much Hon. Speaker. I

have heard the response from the …

HON. KWARAMBA: On a point of Order Mr. Speaker. My

question has not been responded to Hon. Speaker?

          THE HON. SPEAKER: Pardon, sorry, sorry. Could the Hon.

Minister respond to the question please?

HON. DR. GANDAWA: Thank you very much Mr. Speaker Sir. I

want to respond to the Hon. Member’s question. There is no going back on STEM. We are going to pay tuition, levies and boarding fees for the students that will enroll for the STEM initiative. We have already put adverts showing where these students are supposed to go. All what we need is your invoice and registration from the school that you have enrolled at. You then go to our ZIMDEF offices where you will submit the forms and the invoices. After compilation, the fees, tuition and levies will be paid before the school term for ‘A’ Level 2016 starts. So, STEM is currently under way. We have put funds aside to make sure that the programme is funded adequately. I thank you Mr. Speaker Sir.

HON. CHIBAYA: Thank you very much Hon. Speaker. Hon.

Minister, you responded that you work lively as two Ministries under one Principal. The question from Hon. Maridadi was very clear that why are you issuing conflicting statements as two Ministries if you work together? I thank you.

THE HON. SPEAKER: Wait for the answer. Why do you not

wait for the answer? Over to you Hon. Minister.

HON. DR. GANDAWA: Mr. Speaker Sir, I would respond to the

question in the context that I am standing; I am not sure of what they define as conflicting. The bottom line of the matter is, the advert that we put in the newspapers is very clear on what we intend to do. As a

Ministry of Higher and Tertiary Education, Science and Technology Development, under one Principal of course but, we are sure that we will pay for the fees if you register irrespective of the conflict that people are talking about, But STEM (Science Technology Engineering and

Mathematics) there is no conflicting in terms of STEM implementation. If it is administrative procedures, because I do not have the advertisement that they are refereeing to I have not been favoured with the advert they are referring to in terms of the other Ministry advertising that they are against STEM. They might be attributing this to the statement that could have been issued by someone, but there is no conflicting positions among the two Ministries in terms of the development of STEM.


THE HON. SPEAKER: I am not accepting a point of order. I have not recognised the Hon. Member, and I have not recognised anybody. May I advise that Hon. Maridadi favours the Hon. Minister with the two papers and perhaps tomorrow he can make a Ministerial Statement. Thank you. There is no supplementary if it is a different issue. No more supplementary. I think the Minister’s explanation is very clear.

HON. MISIHAIRABWI-MUSHONGA: A direct question not

on the conflict.

THE HON. SPEAKER: Not on the conflict.

+HON. MISIHAIRABWI-MUSHONGA: I wish you could trust

me -[Laughter]- Hon Minister where has he gone to? In your advert in terms where people go and do registration, you have indicated centres for all the other provinces. You have not indicated the centre for

Matabeleland North and Matabeleland South, you have just indicated as

Bulawayo. The problem is most of the students who have problems with Mathematics and Science is that when you put registration-the registration centres in Bulawayo, how are the people coming from Matabeleland South and Matabeleland North going to reach that place?       THE HON. SPEAKER: I have not recognised you Hon. Holder.

HON. DR. GANDAWA: Thank you very much Mr. Speaker Sir. I

want to thank the Hon. Member for the pertinent question that she has asked. These centres that we advertised are administrative offices for ZIMDEF that we already have but we have put provisions for our Science and Technology officers who will go into each province. By yesterday we had dispatched our Science and Technology officers to all provinces across the country. We are also going to be using the

Provincial Ministers’ offices to assist the students. I take note of the fact that in most areas that are affected we did not have offices there. We are taking it upon ourselves to make sure that since we are driving this thing we are able to establish offices in every part of the country so that we serve the people that need the services from our Ministry. I thank you Mr. Speaker Sir.

HON. ZINDI: Thank you Hon. Speaker Sir. I am making a follow up question in regard to gender equity in as far as this STEM policy is concerned. Why I am raising the gender equity is because it is known …           THE HON. SPEAKER: What is the supplementary question?

HON. ZINDI: The supplementary question is on the policy with regards to gender equity because it is known that most of the girls do not take science subjects. Mainly  boys are into science [HON. MEMBERS:  Inaudible interjections.]- You see how insensitive men


HON. DR. GANDAWA: Thank you Hon. Speaker Sir. We are

very cognisant of the Constitution and the requirement of the

Constitution to be gender sensitive and in this pro-programme we will be sensitive to the gender. I must hasten to say that since I have taken note of the issues that have been raised here, we will cover more of these things in the Ministerial Statement to be issued tomorrow. I thank you Hon. Speaker Sir.

THE HON. SPEAKER: Where is your list? -[AN HON.

MEMBER: We do not have a list and we do not want a list]-  Hon. Munengami, Munengami! -[AN HON. MEMBER: He has no question.]- So, why was he standing up?

HON. MUNENGAMI: I will ask Hon. Maondera to speak on my



HON. MAONDERA: Thank you Mr. Speaker my question is

directed to the Vice President Hon. Mnangagwa. We received auditor’s reports on corruption that is going on.

THE HON. SPEAKER: Can you address your question to the Minister?

HON. MAONDERA: I wanted to ask the Minister of Finance and

Economic Development. So he is not here so I am directing it to the Leader of the House the Vice President. What I am saying is Parliament received audits which are full of corruption from the Auditor General. What is Government policy so that those who stole from the parastatals and the Government, what is the Government doing about it or the Auditor General just compiles a report which is not effected? I thank you.



MNANGAGWA): Hon. Speaker Sir, I thank the Hon. Member for asking such a pertinent question discussing people who benefited from corrupt activities and these corrupt individuals have not been arrested and yet we have arresting forces. What is surprising is why are these people not arrested and yet we have police around. So we have asked the policeman why are you not arresting these people? –[HON. MEMBERS:

Hear, hear.]-

HON. MAONDERA: Mr. Speaker Sir, the monies we are talking about which have been corruptly benefited belong to the public and the public should benefit. What is surprising me is the Leader of the House is asking why the police have not arrested these corrupt individuals.  Is it not a dereliction of his duty as leader of Government?

HON. MNANGAGWA:  Maybe I was misunderstood, so let me

elaborate.  As Government and Members of Parliament, we are all saying, anybody who is involved in corruption should be arrested and convicted.  The Hon. Member talked about a report which was tabled in this House from the Auditor General and Comptroller, where these people were mentioned.  In Government, we have a Ministry of Home Affairs, which is the mother body of the police force.  The responsibility of the police is to arrest these corrupt people and whosoever was involved in these corrupt activities should be arrested.  The policemen should do their duty.

HON. MUNENGAMI:  Mr. Speaker Sir, since the responsible

Hon Minister of Home Affairs is now here, can we redirect that question to him?


CHOMBO):  I also did not get the report, but now that the report is said to be out and has specific names and accusations on the specific individuals who committed the crimes, as soon as we finish this business, I will look for the report and ask ZRP to track all those people and arrest them according to the charges that were presented therein.  I thank you Mr. Speaker.

*HON NKATAZO:  My question is directed to the Minister of Health and Child Care, regarding the Mrewa District HospitalIt has now been a long time since ……- [HON. MEMBERS: Inaudible

interjection] -

THE HON. SPEAKER:  Order Hon. Members.  Can you be

reminded to ask questions on policy and not on a specific incident?

HON. MUZONDIWA:  My question is directed to the Deputy Minister of Public Service, Labour and Social Services.  What plans do you have regarding the welfare and rehabilitation of children living on the streets?


have a board which looks into the welfare of the vulnerable children on the streets.  Right now we have several recommendations which are coming through on rehabilitating them into the children’s homes which are available.  However, the challenges we get with them is that most of them revert to the streets even if they are given the opportunity to get off the streets.  But yes, we are seized with that problem and the board is working diligently on that matter.  I thank you.

HON. TOFFA:  I have a supplementary question on children that are being thrown out of schools, in particular in Bulawayo.  You actually find headmasters standing outside the gate chasing children from schools.  What is your Ministry doing to make sure that these children are not continuously harassed?

HON. ENG. MATANGAIDZE:  I take the question is directed at

children whose school fees have not been paid and I take it that these are children covered under our school programme called BEAM.  Policy is very clear there.  No child should be thrown out of school because school fees have not been paid.  It is about implementing that policy now because Government is seized with that matter and it will be paying school fees for all the children on BEAM.  So, no children should be sent away from those schools if they are on the BEAM programme.

HON. S. MPOFU: I would like to find out from the Deputy Minister of Primary and Secondary Education what Government policy is on schools that would have taught pupils the wrong syllabus up to examination time and the affected pupils?



time that I am hearing of an incident like that.  It has not been reported to us but it would be helpful if we could get the question in writing with specific information on the school where it happened.  There are specific syllabi that we give to our schools, which they are supposed to use when teaching.  So, I would appreciate the specific information so that we can investigate.

+HON. D. SIBANDA:  My question is directed to the Deputy Minister of Industry and Commerce.  Bulawayo City was well known for having vibrant industries.  What is Government doing about the industries that are working now so that we do not face the same situation where they will close down?


COMMERCE (HON. MABUWA):  Thank you for such an important

question. We know Bulawayo to be a city that used to have smoke every time but we do not want that now because it causes air pollution.  We want an industry that has technology that does not damage our industry.  Like what the Hon. Member said, Bulawayo was a city well known of always having a smoke or a hub industry, even up to now, there are some industries that are now functional.  We know that the speed of having these industries back to functioning is very slow.

What we want to know are the problems that these industries are facing so that the industries do not close again.  For example, if the company is located where there is a problem of ZESA, we can try and talk to people from ZESA so that they do not switch them off and the industry continues working.  We can even have an industry that can negotiate with the Ministry by highlighting certain raw materials that they need and we can negotiate on their behalf at the Ministry of Finance and Economic Development so that they are exempted from duty.  The main intervention that we have is at enterprise level so that we can attend to their issues.  I thank you.

+HON. D. S. SIBANDA:  Thank you Mr. Speaker Sir.  What I want to understand Minister is when you look at our industry, there are some people coming from outside Zimbabwe to buy certain machines that are being used by industries that are still functioning.  These are machines that we hardly get.  My question is, what exactly is the Government doing so that we do not lose those machines.

+HON. MABUWA:  Thank you Mr. Speaker.  The name will not be erased for it means a lot.  All I was trying to say is we want modern technology.  Hon. Speaker, I would want to ask that the Hon. Member submit a written question with names of those companies that received certain machines from the Government and sold them to other companies outside the country.  Most of the machines that we have in our industries are very old.  If only I can get a written question with specific examples, it will help me give a detailed answer in this House.  I thank you.

HON. B. TSHUMA:  Thank you very much Hon. Speaker.  I would wish to direct my question to the Minister of Transport and

Infrastructural Development, Hon. J. Gumbo.  I am informed by the Minister himself that his Ministry is owed $9 million and a big chunk of this amount is in respect of arrears in rent by tenants who reside in their various properties scattered across the country.  A good number of these people reside in my constituency.  I would want to know why, in a country like ours with a well developed legal system, the Ministry has resorted to desperate, self-help barbaric measures in terms of collecting the money.

In my constituency, they locked out about 40 households.  They just appeared; it was an ambush.  They locked them out, there are kids outside and people living with AIDS had their drugs locked in those rooms and they were complaining.  I want to know why, in a country like ours with a well-developed legal system; why is the Ministry not collecting its debts through the courts?  They have chosen as a matter of policy to resort to these barbaric measures in debt collecting.  Thank you very much.



Thank you Mr. Speaker.  I want to thank you Hon. Tshuma for asking the question that I already gave you an answer and it is not a policy question.  The Hon. Member came to my office and we discussed about it and I gave him an answer.  So, he is trying to popularize himself by asking the question.  Mr. Speaker Sir, the hon. member came with a very important question and he wanted to get an answer from me about issues that are affecting our people in Hwange.  It is not a policy question.  I did tell him and we agreed on the way forward together.  I do not know about the number of people he is talking about.

Definitely, we sat down yesterday; not very long ago, that he might have forgotten and we did come up with a proposal.  So, I thank him very much for trying to come up with that question again.  It is not a policy issue and he is right to say that there are ways and not barbaric ways of collecting money, which he himself knows very well and we talked about it.  He had actually been shown a list of people who had been served with notices to make payments and that all the necessary procedures and steps for collecting the money had been taken.  He is the one who came up with the information to give us that he agreed and he wanted us to save ten people he thought were in a very difficult situation.  I agreed that we can maybe come up with an arrangement for those ten people.  So, I do not know why he is bringing this question into this honourable House.

THE HON. SPEAKER:  Order, order.  I regret that this question could have been raised when in fact it was discussed fully with the Hon.

Minister.  Please do not waste our time in future.

HON. B. TSHUMA:  On a point of order …

THE HON. SPEAKER:  I am not allowing it.

HON. CHIWETU:  Thank you Mr. Speaker Sir.  My question is directed to the Hon. Minister of Primary and Secondary Education.  What is the Government policy on increasing schools with lower sixth forms?  The experience which is going on at the moment is many children passed their O’ Levels and have got nowhere to go.  Further to that, my constituency does not have any A’ Level school. I thank you.

THE HON. SPEAKER: Order.  Please Hon. Members, ask

questions on policy.

HON. BUNJIRA: Thank you Mr. Speaker.  My question is directed to the Deputy Minister of Primary and Secondary Education.  What is Government policy on headmasters who are withholding students’ results for O’ Level and A’ Level because their parents were unable to pay school fees?



Hon. Speaker.  Government policy states that no results should be withheld.  Schools should make arrangements for payment of fees with the parents.  In fact, when it gets to the collection of results, it indicates a failure on the part of the school to have made those arrangements during the time when the pupil was at the school.  We encourage all schools to make sure that they make arrangements with the parents.  We understand that most parents are facing difficult financial and economic conditions.  However, the policy is, no school should withhold results on account of parents not having paid their school fees.

HON. BUNJIRA: Thank you Hon Speaker.  My supplementary question is, are these headmasters aware of the communication that they should not withhold the results?

HON. PROF. MAVIMA: Indeed, the headmasters are aware, we have been on an outreach programme as a Ministry.  All the principals in the Ministry have gone to five provinces so far.  The message has also been broadcast during the outreach programme, to say, as Government policy, we do not allow results to be withheld on account of parents having failed to pay school fees.

*HON. CHIBAYA: Thank you Hon. Speaker.  Hon. Minister, I thank you for the response which you gave regarding the withholding of students’ results by headmasters.  What measures are you going to take against these headmasters who are withholding people’s results because they are abrogating the rules which you made?

I am talking about my Constituency in Mkoba.  I have a lot of children whose results are being withheld by schools.  I thank you.

*HON. PROF. MAVIMA: Thank you Mr. Speaker Sir.  The Ministry of Primary and Secondary Education has offices all over the country, beginning from the district.  In order for us to rectify this anomaly, the complainants should go to the district offices and we are going to craft ways and resolutions of solving these problems.  I remember sometime last week, I held a meeting with some headmasters who had withheld results and we solved this problem amicably.

*HON. MUTSEYAMI: Thank you Mr. Speaker Sir.  My question is directed to the Minister of Information Communication Technology,

Postal and Courier Services, Hon. Mandiwanzira.  I think I am the first Hon. Member to ask a question directed to Hon. Minister Mandiwanzira.  What is Government policy regarding the network providers, especially on telecommunications.

We realize that most of the mobile service providers are providing a shoddy service, especially in relation to the amount of money paid for the services.  There is no correspondence between the service provided and the charges demanded.  I will give an example; if you make a call, during the conversation, communication is cut off but cash will be deducted.  At times some unanswered calls also attract charges.

I therefore kindly ask the Ministry to make it a point that the cash deductions made and the services provided correspond.  I thank you.



MANDIWANZIRA): Thank you Hon. Speaker.  I thank Hon.

Mutseyami for this question, which is a pertinent one.  We have had a lot of complaints from mobile customers because even those who are using internet are also facing the same problem.  The money paid is used up before they can use the services.  We have had meetings with the

Postal and Telecommunications Regulations Authority, (POTRAZ) and I gave this explanation to this organisation for listeners and viewers.  We are saying enough is enough.

These service providers should not shortchange the users and they should set equipment which will monitor the usage of these phones as compared to the money used.  We are urging POTRAZ to convict whoever is found guilty of providing a shoddy service.  We hope that this is going to be implemented as soon as possible.  The delay in setting up this is that, there was no board in POTRAZ but it has been set now.

I will now turn to Net One.  I also learnt of some of this in the media.  The Net One board was selected by the Ministry in consultation with the Head of State and Government in selecting these board members.  This is the board which is looking at the operations of Net One so that whenever there are any suspicions, anomalies or corruption, they should be investigated and measures taken to rectify and solve these problems.

*HON. MUTSEYAMI: Thank you Mr. Speaker Sir for giving me the opportunity to ask my supplementary question.  My question is that, considering that the amount involved in the Net One issue runs into millions, is it not prudent to ask the leadership of Net One, led by Mr.

Reward Kangai, to step down whilst investigations are being carried out.


MANDIWANZIRA):   Thank you Mr. Speaker Sir.  Hon. Speaker, I can assure you that the board is investigating all this. The investigations involved some corrupt activities in the procurement of some assets and also payment of some stakeholders who were paid before they had done anything.  Some people also had their rents paid.  We are looking into all this and such investigations can be done whilst the leaders of these organisations are there.  There is a tendency that when investigations are carried out and you are aware, you seem to instigate that this person has a crime but we need to establish whether there is a prima facie case and also establish the animus furandi in such cases.  This can only be done when the people responsible are there.  Of course, there are fears that when these people are there, they may end up interfering with the investigations but we are saying that is not the fact.

*HON. NYAMUPINGA:  Thank you very much Mr. Speaker for

recognizing me at last.

THE HON SPEAKER: Order, order!  Can you withdraw your

statement; I am following a list here.

*HON. NYAMUPINGA: I withdraw Mr. Speaker.   Mr. Speaker,

my question is directed to the Deputy Minister of Health and Child Care.  I must start by congratulating his Ministry for opening up a heart surgery clinic because people in Zimbabwe had problems going abroad for such surgeries.  We have heard the media talking about Government saving money because people have been going abroad for heart surgery. Now, we have this done at home.

So, my question is; we have done well on cardiac but what are we going to do about cancer because it is a problem which needs

Government intervention?  Many people are dying on a daily basis.  The amount they have to pay for cancer treatment is very high and cannot be afforded.  We also need to know about treatments such as chemotherapy.  Some people do not understand how chemotherapy works because they are shunning this treatment because of rumours which are spread by other people.  I am therefore asking the Minister to hold awareness programmes on cancer.


CARE (HON. DR. MUSIIWA):  Thank you Hon. Speaker. I want to thank the Hon. Member for asking this question.  I also thank her for showing gratitude on congratulating us on heart surgery equipment which was installed at one of our hospitals in the country.  She talked about cancer treatment.  This is a wide spread disease especially in this country and it is one of the killers in this country.  It is even killing more than people who are dying of AIDS, TB, Malaria and STI; it is a bigger


The main reason why cancer is a killer disease is that cancer has no known treatment and hence, as a Ministry of Health and Child Care, all we do is we hold awareness campaigns so that people are aware of what cancer is and we put more emphasis on that.  People should go for examination on an annual basis especially women.  We ask them to go for screening so that they are checked for cervical cancer using a pap smear methodology.  This is done in all district hospitals in this country because if the cancer is dictated at an earlier stage, it can be treatment or the effects can be reduced.  As a result, when people have delayed receiving treatment they are then referred to Mpilo hospital in Bulawayo and Parirenyatwa in Harare.  This is simply because we use expensive equipment in treating this ailment.

Whenever somebody has been operated when they have cancer, they need to go on chemotherapy and at the moment, the country only has two machines which are being serviced by the Government.  Let me assure this Hon. Member that we hold awareness campaigns and we also want to raise funds to help these people who are suffering from cancer in their treatment.

*HON. MATAMBANADZO:  Thank you Mr. Speaker.  My

supplementary question is - Minister, we know that these people are suffering from cancer.  Yes, you have given us an explanation that cancer cannot be treated and I am surprised as to why you are making these people pay money yet you know that they are not going to live.  All you are doing is only to relieve pain from these people.  I therefore request that you make it a policy that people who are suffering from cancer are treated free of charge.

*HON. DR. MUSIIWA:  Thank you Hon. Speaker and I also

thank the Hon. Member for such a pertinent question.  It is not true that everybody who suffers from cancer will die.  We have a lot of cancer survivors and as I have explained, what is very important in cancer is that people should go for early testing so that when symptoms are visible, can then be treated.  Some people who receive this treatment, the cancer may not spread.  We have noticed that in some cases, some of these people may not be treated but need pain killers.  That is why we are looking for funds so that we can help these people.  We are working with organisations such as Kidzcan which help in the treatment of these people.

* HON. MUNENGAMI: Thank you Hon. Speaker.  The question

I wanted to ask the Minister is that, as he stated that in Zimbabwe we are now able to carry out heart surgery, we wish if very few people could go out of the country to receive treatment because treatment can be done in Zimbabwe.

My question is, are we implying that even the Head of State and Government is no longer going to go out of the country to receive treatment but receive treatment in the country since we now have all the equipment we want.

*THE HON. SPEAKER: Your question is misdirected. The way

you are saying is that the Head of State and Government should not go out of the country. You are talking about people who are suffering from cardiac related illnesses. We should treat our Head of State and Government with respect. Who told you that he is suffering from heart related disease?

Barring what I have corrected in the point of order, the question is, will the current facilities be able to take the number of patients that are suffering from heart problems.


(HON. DR. MUSIIWA): Thank you Mr. Speaker. Yes…

Questions Without Notice were interrupted by THE HON.

SPEAKER in terms of Standing Order Number 64.

HON. ENG. MUDZURI: On a point of order. My point of order

is still on the duties of Parliament and its responsibility over the executive authority. We have noticed of late that there have been utterances and speeches which tend to suggest that the First Lady is now ruling the country. She has mentioned it and it is written in newspapers that “varikutonga” and also she can disappoint Ministers and other officials –[AN HON MEMBER: Gara pasi]- My point of order is that, as a Parliament, we have a responsibility to check on the Executive to ensure that the President plays his role without interference and disharmony. The people of Zimbabwe are confused on who is running the country.

THE HON. SPEAKER: Order! Order! We are not here to follow

some political jest and it is common cause that we still have one President in Zimbabwe. What happens at rallies, whether for this party or that party, has nothing to do with Parliament here – [An Hon Member having stood up to debate] - I have ruled. Sit down! Sit down!

HON. D. S. SIBANDA: I move that the time for Questions Without Notice be extended by 15 minutes.

HON. RUNGANI: I second.

Motion put and agreed to.

*HON. RUNGANI: My question is directed to the Deputy

Minister of Primary and Secondary Education. Is it Government’s policy that most schools in the country want to enrol students with 10 “As” and above? We are having problems in the rural areas because those with 9

“As” and below are not being admitted for Lower Sixth Form.



Mr. Speaker. That is not Government’s policy that schools should enrol students with 10 “As” and above for “A” level. That is not

Government’s policy. What is happening is that there are a few schools which receive around 500 applicants and these schools end up devising a way of enrolling these students. That is why they end up having these cut-off points. We feel sorry for schools like Goromonzi High School and St Faith Mission which are always inundated with students looking for places and I must say that it is not Government’s policy.

HON. MARIDADI: On a point of order. Mr. Speaker, with all due respect, the issue that was raised by Hon. Mudzuri here is a very pertinent issue to this House and to the country.

THE HON. SPEAKER: Order! I have ruled already on that one. I

told you very clearly that we do not discuss political speeches of political parties in this House. Thank you.

HON. NDEBELE: I have a question for the Hon. Vice President of the country. In his wisdom, the Hon. Vice President Mphoko has categorically refused to be called Second Vice President. The question from the people of Magwegwe therefore is - what is Government’s policy in terms of designating either of the two Vice Presidents as First and Second Vice President. This question is asked in anticipation of a constitutional crisis in the event that we have to invoke Section 101 of our Constitution which expressly mentions a First and a Second Vice President. Clearly at law, the express mention of one totally excludes the other. I thank you

THE HON. SPEAKER: What Section did you refer to?

HON. NDEBELE: Section 101.


MNANGAGWA): Thank you Mr. Speaker Sir.  I thank the Hon.

Member who has raised this question.  There is great possibility that there are more people of his category in terms of misunderstanding the Constitution.  If you go to the special provisions under Schedule 6,

Section 14, on page 149 reads, “Special provision for election and tenure of first President and appointment of Vice Presidents”.  The issue is that he is referring to a suspended provision of the Constitution which will apply 10 years from now.

Currently, the provision which applies is the one which I am reading. Paragraph 14 (1) says, ‘Notwithstanding Section 92, (meaning 92 yatsvetwa parutivi), in the first election and any Presidential election within 10 years – the first election refers to the 2013 elections.  Any presidential election within 10 years after the first election, candidates for election as President do not nominate persons in terms of that section to stand for election as Vice President’. That has been deferred for 10 years.  Subsection (2), ‘Without delay the person elected as President in any election referred to in paragraph (1) must appoint not more than two Vice Presidents, who hold office at his or her pleasure.  (3) Where (a) one Vice President is appointed in terms of Subparagraph (2), that person is the first Vice President for the purposes of this Constitution” where one has been appointed and not two.

However, where two Vice Presidents are appointed and in this particular case, there are two, in terms of Sub-paragraph (2), “the

President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable to exercise his or her official functions through illness or any other cause” – I think I am still very clear.

(4) Notwithstanding Section 101…’; meaning that Section 101 is being put aside, “but subject to paragraph (5) and (6), if the person elected President in an election referred to in sub-paragraph (1), dies, resigns or is removed from office - (a) the Vice President or, where there are two Vice Presidents, the Vice President who was last nominated to act in terms of sub-paragraph (3) (b), acts as President.  The Vice President who had last acted when the President was out of the country like Vice President, Hon. Mphoko who was the last acting Vice

President when the President was away, acts as the President until a new President assumes office in terms of paragraph (5).  So there is no case, it is very clear.

‘(b) The vacancy in the office of the President must be filled by a nominee of the political party which the President represented when he or she stood for election’, that is ZANU PF –[HON. MEMBERS: In

audible interjections.]- those who would want to learn will listen but the empty tins will always make noise because they have no capacity to learn.  I thought that you would want to learn about what the Constitution says and I am reading the Constitution for the benefit of those who would want to understand what the Constitution of this country says about this issue.

Paragraph (5), ‘A political party which is entitled to nominate a person in terms of sub-paragraph (4) (b), must notify the Speaker of the nominee’s name within ninety days after the vacancy occurred in the office of the President, and there upon the nominee assumes office as President after taking the oath of President in terms of Section 94, which oath the nominee must take within forty-eight hours after the Speaker of the National Assembly was notified of his or her name’.  That concludes the process, I thank you.

THE HON. SPEAKER: In addition, Part 1 of Schedule 6,

Subsection 2, is also clear to buttress what the Hon. Vice President had said.  Schedule 6, prevails to the extent of any inconsistency over all other provisions of this Constitution.




  1. HON. MARIDADI asked the Minister of Finance and Economic Development how much money Treasury has received ever since diamonds were discovered in Marange in terms of corporate tax and dividend.

HON. MARIDADI: Hon. Speaker, I am worried that this question continues to appear on the Order Paper, it has been appearing for the past three weeks.  An answer was made available to this House by the Hon. Acting Minister of Finance and Economic Development, the Deputy Minister of Industry and she did not adequately answer the question. We wanted her to please bring the answer to the question that we asked and I hope she has the answer today.

THE HON. SPEAKER: Which Minister?

HON. MARIDADI: The Hon. Deputy Minister of Industry and Commerce. She took it upon herself to avail an answer.

THE HON. SPEAKER: Is it Ministry of Industry and Commerce?

HON. MARIDADI: It is Ministry of Finance and Economic Development but she presented an answer on behalf of the Minister of Finance. The answer was written but was not adequate.

THE HON. SPEAKER: You are not satisfied with the response?

HON. MARIDADI: No, the whole House is not satisfied. There was no answer actually.

THE HON. SPEAKER: Which Minister stood in his place?

HON. MARIDADI: Hon. Chiratidzo Mabuwa.

THE HON. SPEAKER: Hon. Deputy Minister of Industry and Commerce, kindly convey the message that we need a more comprehensive answer from the responsible Minister.


COMMERCE (HON. MABUWA): Thank you Mr. Speaker. I have

noted but may I kindly alert the House that I have already done so.


  1. HON. MANGAMI asked the Minister of Small and Medium Enterprises and Cooperative Development to explain how the Ministry has assisted SMEs in  mining to grow their businesses.



Ministry is assisting SMEs in mining to grow their business through the following ways:

  • Business Management Training in areas such as bookkeeping, financial literacy, business planning, project proposal writing, costing, business registration among other aspects of business. In 2015 Hon. Speaker, my Ministry trained 500 small scale miners, especially youths from the following districts; Shamva, Bindura, Mazowe, Umzingwane, Mberengwa, Shurugwi, Umguza, Bubi and Zvishavane.
  • Cooperative development: Small scale miners are being organised to form mining cooperatives where they pool their resources together. The Ministry has registered over 35 cooperatives that are into mining. Registering them into cooperatives is a way of formalizing them and it becomes easier for them to access support in terms of loans and equipment facilities.

Hon. Speaker Sir, as a result of these support areas that the Ministry has put in place, the contribution of SMEs into the gold input that is being sold through Fidelity has increased. I thank you.

HON. MANGAMI: I heard the explanation from Minister of Small and Medium Enterprises and Cooperative Development. On the proposals, what languages are you using because for those who do not have the expertise in the other language because most proposals are written in the English language? How are you assisting?

HON. NYONI: The project proposals, unfortunately, they have to be written in English. In most cases they are writing project proposals so that they send them to banks for funding or other institutions to help them with equipment. These institutions still need them to put their project proposals in English but as a Ministry we really do not mind. We would like people to use any language. If they use Ndebele or Shona and they go to the bank or to other institutions that would assist them, and that proposal is accepted in that language, we say well and good. We do not limit or restrict our SMEs to use any language. They can use any of the national languages but then the decision depends on those that receive the proposals.


  1. HON. MANGWENDE asked the Minister of Small and

Medium Enterprises and Cooperative Development the government policy regarding registering of companies by SMES considering that it is too much cumbersome and expensive.


would like to thank the Hon. Member for asking that question. The Ministry of Small and Medium Enterprises and Cooperative

Development does not register SMEs. The responsibility falls in the Ministry of Justice, Legal and Parliamentary Affairs. My Ministry has engaged the Registrar of Companies pertaining to the registration of business and currently they are facilitating SMEs to register as Private Business Corporations (PBCs), in terms of Private Business Corporations Act (Chapter 24:11). However, the requirements for registrations are not cumbersome and expensive as they are as follows:

  1. To submit four company names from which they will choose one.

This is done in order to do the name search.

  1. They have to state the type of the business.
  2. Physical address.
  3. An accountant address and the signature of the accountant and the date of the financial year.

This process only cost US$5 for the name search and US$20 for

the certificate that is required.  That is all and I think this path is helping the SMEs.  Thank you Mr. Speaker.

HON. PHIRI: Thank you Mr. Speaker Sir.  My question is on the expenses of registering a company and also operations.  What is your Ministry doing to assist these small and medium enterprises in getting licences from local authorities where they are being asked to pay a tax which is very expensive before they get an operating licence.

          HON. NYONI:  I think that is a very important question which also concerns my Ministry because it is only in registering that the SMEs turned to be really reaped off and all that my Ministry can do and is doing is to represent them and to lobby.  We are hoping that the Ministry of Local Government, Public Works and National Housing will assist us in making sure that they streamline the expenses that are charged for SMEs.

Mr. Speaker Sir, when you really look at it, most local authorities are surviving because of SMEs.  Most local authorities get more than 50% of their revenue from SMEs but as a nation and a Ministry, we would like this to be done properly and not through stripping the SMEs off.  The Hon. Member has a pertinent question which we hope that the local authority will take into consideration and assist us so that we assist SMEs that are assisting them after all.

HON. PHIRI:  Mr. Speaker Sir, there is an aspect of it that I would want clarification.  The Ministry of Local Government issued a directive to local authorities that they should not issue licences until and unless these SMEs have produced tax clearance certificates.  This is coming from a Ministry not from local authorities.


think you are being unfair now to the Minister of Small and Medium Enterprises and Co-operative Development.  That should be directed to the Ministry of Local Government, Public Works and National Housing.  The Minister is not here, so, put it in writing as a new question so that

the Minister of Local Government, Public Works and National Housing will respond to that.  Thank you.

HON. MARIDADI:  On a point of order Mr. Speaker.  Mr.

Speaker Sir, two Questions were deferred to next week because the Minister of Finance and Economic Development was not here, now that the Minister is here can we kindly ask that we go back to Questions, especially Question No. 2 now that the Minister is here, so that he can address that.

THE TEMPORARY SPEAKER:  Okay, I will proceed with the

Ministry of Small and Medium Enterprises and Co-operative

Development and after that then we revert to those Questions since the Minister is around.


  1. HON. MANGWENDE asked the Minister of Small and

Medium Enterprises and Cooperative Development to inform the House what the Government policy is towards the registration process of companies by the Ministry.



NYONI): Thank you Mr. Speaker Sir, these questions are similar, the only difference is that the other one was enquiring on the expenses and this one is enquiring on the registration process.  For the record, let me say, the registration process of companies falls under the ambit of the Ministry of Justice, Legal and Parliamentary Affairs.

Mr. Speaker Sir, while my Ministry encourages SMEs to register as companies and the Private Business Corporations (PBCs), currently there is no policy on the registration of companies in my Ministry.  However, it is worth noting that my Ministry as part of its formalization drive offers a facilitating role to SMEs in registering as companies or

Private Business Corporations (PBCs) in terms of the Private Business Corporations Act, (24.11).  The Ministry is in the process of crafting a formalisation strategy which is going to further facilitate the registration process of SMES.

THE TEMPORARY SPEAKER:  Now that the Minister of

Finance and Economic Development is in the House, may we revert to Question 1.



  1. HON. MARIDADI asked the Minister of Finance and Economic Development how much money Treasury has received ever since diamonds were discovered in Marange in terms of corporate tax and dividend.


DEVELOPMENT (HON. CHINAMASA):  I am surprised that this

Question is still on the Order Paper because I recall that three weeks ago, I asked the Hon. Deputy Minister of Industry and Commerce to read an answer which I had prepared in response to this Question.  I am surprised that it is still on the Order Paper, it was responded to and I think the Hansard will show.

HON. MARIDADI:  Mr. Speaker, this Question appeared three weeks ago and it was responded to but the main gist of the Question was not responded to because we wanted figures and those figures were not made available.  Hon. Minister, can you kindly make those figures available. Thank you Sir.

THE TEMPORARY SPEAKER:  With all due respect Hon. Member, if you feel your question has not been answered adequately, you have to rephrase it not to come back as it was before.  You may resubmit your Question so that the Minister may respond to that.


  1. HON. CROSS asked the Minister of Finance and Economic Development whether the recent tours to the provinces by the First Lady were catered for by the State, and if so, to state the expenditure incurred and also if the Minister could report to the House the extent and justification of such expenditure.


DEVELOPMENT (HON. CHINAMASA):  Mr. Speaker Sir, my apologies, I do not have the answer to this question ready and I crave the indulgence of the Hon. Member to give me more time.


  1. HON. MANGAMI asked the Minister of Sport, Arts and Culture to explain how ZIFA councillors are chosen, who presides over their choosing and what their term of office is.


HLONGWANE):  Thank you Hon. Speaker Sir.  ZIFA councillors are officials who lead the various bodies that make up the composition of the ZIFA assembly.  To that end, they also represent their respective constituencies at general and special meetings of the ZIFA assembly.

According to the ZIFA Constitution, any aspiring football administrator must meet the following criterion in order to qualify as a ZIFA councilor; they must have served football for at least 5 years.  They must be in possession of functional literacy skills.  In other words, being able to read and write and they must have no criminal record and a police clearance must be produced upon election.

Who elects ZIFA councilors?  ZIFA councillors are elected by various affiliate member organisations of ZIFA and these affiliate member organisations are;

  1. The Premier Soccer League, which has 16 delegates in the ZIFA Assembly.
  2. The Women’s Football League, which has four delegates in the ZIFA Assembly.
  3. Fife Aside Soccer League, which has one delegate in the ZIFA Assembly.

THE TEMPORARY SPEAKER:  Order Hon. Members, your

whispers are too loud.  Let us hear the Minister in silence.


  1. Beach Soccer League, which has one delegate in the ZIFA Assembly.
  2. The National Association of Primary School Heads, which has two delegates in the ZIFA Assembly.
  3. The National Association of Secondary School Heads, which has two delegates in the ZIFA Assembly.
  4. Tertiary Sports, which has two delegates in the ZIFA Assembly.
  5. The Provincial Football Associations, with one delegate each in the ZIFA Assembly.
  6. The ZIFA Regions – the Northern region has four, the Eastern region has four, the Southern region has four and the Central region has four delegates in the ZIFA Assembly.

ZIFA councillors are elected at the general assemblies or meetings of ZIFA affiliate organisations and those who make up the affiliate body are comprised of clubs, district, provinces, schools, colleges as well as universities.  I thank you Hon. Speaker Sir.



  1. HON. MASUKU asked the Minister of Justice, Legal and

Parliamentary Affairs to explain to the House the assistance the Ministry is providing to widows who are incapacitated to raise fees for transfers of the estate of their deceased husbands into their names.



MNANGAGWA):  Mr. Speaker Sir, the question by Hon. Member

Masuku is well thought out, especially against a backdrop of difficulties that are faced by many widows in inheriting the estate of their deceased husbands.  In view of such difficulties, the Government of Zimbabwe has put in place constitutional, legislative, institutional and administrative measures to arrest such mischief.

There is a large body of legislation that deals with substantive and procedural aspects of succession law in Zimbabwe.  Among these are the Deceased Estate Succession Act [Chapter 6:02], the Administration of Estates Act [Chapter 6:02], the Wills Act [Chapter 6:06], the

Deceased Person’s Family Maintenance Act [Chapter 6:08] and the

Finance Act [Chapter 23:04].  These laws have evolved over the years in order to correct the injustices that have been experienced in our succession jurisprudence.

Of the pieces of legislation I intimated, item 6(2) (d) of the Schedule to Chapter 2 of Section 25 of the Finance Act [Chapter 23:04] is most relevant in registering the progress so far made by our Government in ensuring that indigent widows easily transfer the inherited estates into their names.  The Government of Zimbabwe took into account the various financial challenges that were faced by incapacitated widows transferring real rights to immovable property into their ownership in view of the then peremptory stamp duty that was supposed to be paid to ensure such transfer.  In light of this need, an amendment to the Finance Act exempted indigent widows from paying stamp duty on immovable property was introduced.

Mr. Speaker Sir, in view of the question at hand, stamp duty for the transfer of property acquired from the estate of the deceased spouse is exempted for the surviving spouse.  Be that as it may, as long as the concerned indigent widows can prove that they are unable to pay the duty and that the Master of the High Court has duly issued the consent to transfer the estate to the said widow; the law is in place to protect all the vulnerable spouses.  This is a great relief to our people as you may be aware that stamp duty is very expensive.

The Government of Zimbabwe, through my Ministry, also plays an important role in ensuring the provision of the necessary legal representation and conveyance work to the indigent.  This is in keeping with our mandate as prescribed in terms of Section 31 of the Constitution of Zimbabwe that the State must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice.  We execute this mandate through the Legal Aid Directorate for free.  In order for widows to be able to access this service, they have to be in possession of the consent to transfer, as already mentioned, the deceased’s death certificate and the title deeds.

Mr. Speaker Sir, lastly, it is important to note that the Ministry of Justice, Legal and Parliamentary Affairs always takes positive steps in ensuring that justice delivery is accessed by everyone, including the vulnerable members of our society.  The Legal Aid Directorate which is a department within my Ministry does a lot of work for the indigent and these may include widows who cannot afford transfer fees.  Let me take this opportunity to sensitise all the Hon. Members of the existence of this institution called the Legal Aid Directorate.  We have decentralised it to all the regions of our country and plans are underway that it spreads to all convenient provincial and district centres to ensure unfettered access.  Therefore, in executing your representative role, I urge you to refer such indigent widows and all other citizens of the country who are desirous of accessing justice, but cannot afford legal practitioners of their choice, to approach the Legal Aid Directorate. I thank you.



  1. HON. MASUKU asked the Minister of Justice, Legal and Parliamentary Affairs to explain the policy regarding compensation to victims of negligence within Government hospitals.



MNANGAGWA):  Mr. Speaker Sir, I would like to inform the House that I will give the legal position regarding compensation to victims of negligence within Government hospitals.  However, on the issue of any existing policy, I will kindly refer this question to the Hon. Minister of Health and Child Care to give an official position.

The area of medical negligence is not novel in our jurisdiction and it is sad that some patients end up as victims because of ignorance of the law regarding to delictual remedies that may accrue to such victims.  It is equally unfortunate that such cases are prevalent in our Government hospitals.  The issue of medical negligence mainly arises out of contracts or delictual claims and it normally accrues when a victim suffers negligence by the hospital authority, staff or doctors.  A victim may

want to either initiate criminal liability or civil liability.  For the purpose of victims who would like to receive compensation, they should pursue the issue against the medical practitioner or hospital.  A contract between the patient and hospital arises from mere consensus and use of admission forms or written consent for surgery.  The delictual claims emerge when the hospital staff and doctors do not take reasonable care, administer wrong procedures, commit omissions and other acts that they are normally expected to exercise in order to prevent harm from occurring to the patient.

It is to be noted that before one can receive compensation for medical negligence, the victim has to prove the following essential elements:  Firstly, that hospital staff or practitioner committed an act or omission that resulted in the loss.  Secondly, that one has to prove wrongfulness to measure the act with legal conviction of the society.

The question is, will the society view the act or omission as wrong?

Another essential element is fault, which can be in the form of intention or negligence.  The victim also has to prove that they have incurred damage or loss.  Thirdly and lastly, they should be a clearly link that the negligent party’s acts caused the victim’s loss or damage, which is referred to as causation.  It is also important for us to understand the link of how medical negligence by hospital staff results in burdening the hospital itself.  This is described as vicarious liability; it is a secondary liability that is governed under the common law doctrine of agency.

In terms of medical negligence, a health organisation may be accused of liability for the work of any subordinate, physician or staff that has caused negligence.

Let me now highlight the procedures to be followed by a victim of medical negligence who wants to sue or receive compensation from a Government hospital. Legally, a victim must institute civil proceedings seeking compensation from both the hospital and hospital staff responsible.  When instituting legal proceedings against a Government hospital, the victim must first make notice of intention to institute legal proceedings which is covered under Section 6 Chapter 8 (14) of the State Liabilities Act.  Thereafter, the victim may then approach the courts for redress.

If the courts find the hospital liable, they will determine the apportionment of damage which equate to what Hon. Masuku described as compensation.  Let me conclude by highlighting that these are elements to prove and the procedure to be followed when a victim has suffered medical negligence in a Government hospital.  I have applied legal position and respectfully refer discussion on the policy in place to be addressed by the Minister of Health and Child Care.  I thank you.


  1. HON. KANHANGA asked the Minister of Environment,

Water and Climate to state when the construction of the Dande dam in Guruve would resume considering that the project has been partially done and abandoned.


CLIMATE (HON. MUCHINGURI): Mr. Speaker Sir, I want to thank

Hon. Kanhanga for question. The Dande dam project involves the construction of a 16o million cubic metres capacity earth fill dam on the Dande river in Guruve District of the Mashonaland Central Province.  This project also incorporates the construction of a 7.3km tunnel to be drilled through the Mavhuradonha mountains.

The project is intended to supply irrigation water to more than 1

000 small holder farmers and communities in the drought prone Dande Valley which lies below the Zambezi escarpment.  The construction of the project started in 2000 and was funded through the African Development Bank (AfDB). Government took over the project in 2001 when the funding by the AfDB failed to materialize.  Works briefly started before coming to a standstill due to financial challenges.

The Ministry wishes to advise that a number of water infrastructural projects have been suspended due to insufficient budgetary provisions.  These include, Marovanyati, Bindura, Semwa, and Dande Dam and tunnel and Tuli Manyane dam among others.

Mr. Speaker Sir, in fulfilling its mandate to develop, manage and deliver water to the people of Zimbabwe, the Ministry of Environment, Water and Climate has embarked on raising funds to complete these important water infrastructure projects through the involvement of private partners/investors.  As part of these efforts, the Ministry held a

Water Resources and Infrastructure Investment Conference on 24th and

25th June, 2015 at the Rainbow Towers Hotel.  The Investment Conference was attended by many international and local investors who showed interest in partnering Government in the implementation of such dam projects like the Dande dam and tunnel.

The Ministry of Environment, Water and Climate is currently…..


Order, order Hon. Minister.  Hon. Member who is in a white blouse, may you take your call outside.

HON. MATIENGA: I am sorry Mr. Speaker Sir.  I was trying to

switch it off.

HON. MUCHINGURI: The Ministry of Environment, Water and Climate is currently awaiting responses from potential investors who have to do bankability and feasibility analysis on the projects.  The Ministry also initiated the process of floating water bonds, through ZINWA, which would allow commencement of works on a selected list of projects.  The Dande dam and tunnel is one such project due to the immense impact on the communities in the Dande Valley.  The Dande dam and tunnel remain on the list of priority projects to be undertaken by the Ministry and was duly shortlisted and included among the project to be done under our national economic Bblueprint, the ZIM ASSET.  I thank you.

HON. MUSANHI: Hon. Minister, my supplementary question is, what are you going to do with the prohibitive costs of drawing water for irrigation on farms which has become very expensive and unaffordable to farmers?

THE TEMPORARY SPEAKER: Order, is this question

emanating from the response or it is a new question?  Sorry, it is not part of the response. So, it does not align.



  1. HON. KANHANGA asked the Minister of Environment,

Water and Climate, whether the Ministry has approached the Joint Operations Command (JOC) for assistance to contain the current rampant poaching and state what results have been yielded.


CLIMATE (HON. MUCHINGURI): Thank you Mr. Speaker Sir.  Let me start by conveying my appreciation to the Hon. Member Kanhanga, for asking such a pertinent question with regards to poaching.  The

House may recall that Cabinet, at its 33rd meeting on the 14th September,

2014 set up an ad hoc Cabinet Committee chaired by the Minister of Environment, Water and Climate.  Its main mandate was to come up with strategies to address the challenges of poaching, illegal wildlife trade and to improve the wildlife industry in general.

Following several meetings of the ad hoc Committee, it was agreed that a number of issues such administrative, policy and human resources needed to be addressed if we are to reduce poaching, illegal wildlife trade and improve the wildlife sector performance. We have since made efforts to address some of the issues in the short term and we are now working to address strategic issues that require more time, resources and consultation.

Mr. Speaker Sir, the issue of poaching is no longer a conservation issue alone, but a national security issue as well. In this regard, the issue of strengthening our law enforcement effort through Joint Operations with other law enforcement agencies was identified as an immediate strategy to address the rampant poaching.

We have been engaging with JOC in the past and we will continue to engage them for assistance in order to deal with this scourge.

Currently, additional manpower was deployed by the Zimbabwe

Republic Police in Matopos National Park, Zambezi Valley, Sinamatella Camp and Hwange Main Camp to address both wildlife protection and illegal gold mining. We have established special reaction teams around the country with the assistance of JOC.

Countrywide, law enforcement efforts resulted in detection of 2139 incursions, and arrest of 1354 local and 129 foreign poachers. There was decline in the number of armed contacts from 26 in 2014 to 23 and in number of poachers killed from 13 in 2014 to 11 in 2015. (Table below).

Recoveries made in the field included 25 rifles, 276 rounds of ammunition, 496 pieces of elephant ivory, 4 rhino horns and 5 133 wire snares. The breakdown of poachers who were killed in 2015 poachers were killed in Mabalauta (2), Save Valley Convervancy (3), Matusadona

National Park(2), Chirisa Safari Area (1), Sengwa (1) and Chizarira National Park (2).



Table detections, Arrests and Recoveries for 2013, 2014 and


Year No of


No. Of Poachers Recoveries   Other Recoveries and Arrests
      Killed Arrested                        
2013 1842 27 344 9 0 1421`


131 20 945 436 5 4415 93 264   180
2014 1571 26 362 10 3 4161 94 20 163 202 19 4864 221 186   272
2015 2139 23 356 6 5 1354 129 25 276 496 4 5133 134 339   167


Mr. Speaker Sir, as long term measures, we are embarking on various projects to capacitate our Parks Authority to better equip them to deal with poaching. We will be procuring additional vehicles and equipment such as drones using our own funds and with additional assistance from other countries such as China. We will not rest or tire until we rid this country of illegal wildlife trade and poaching.

We would like to take this opportunity to express our gratitude to JOC and other partners for their unwavering support for environmental law enforcement and conservation in general. Without them, the situation would have been insurmountable.



  1. HON. SARUWAKA asked the Minister of Environment

Water and Climate to explain the following in relation to the implementation of the Pungwe project:

  • why Mr. Frank Nyaumwe led Committee which was popularly elected by villagers in Wards 17 and 19 in October last year to lead them in the project was disbanded and replaced by a handpicked one;
  • what role Mr. Oliver Sakupwanya was playing in the project, who appointed him and what was the criteria used to appoint;
  • why are the Tsonzo Small Scale Farmers being excluded from benefiting from the Pungwe pipeline water;
  • what role (if any) is the Mutasa Rural District Council playing as the appropriate local authority; and
  • who is funding the project.



CLIMATE (HON. MUCHINGURI):  I would like to thank Hon.

Saruwaka for his questions requiring me to explain the modalities around the implementation of the Pungwe Project. Particularly, in respect of clarity on why Mr. Frank Nayumwe’s led committee popularly elected by villagers in Wards 17 and 19 in October last year to lead them in the project was disbanded and replaced by a handpicked one; Mr. Speaker Sir, the project is being implemented by the community under the leadership of the respective headman as organised by the District Administrator’s Office.  How the community organises itself under the headman is a decision made by the community through their own system which the Ministry of Environment, Water and Climate is not involved in.

       Regarding the role Mr. Sakupwanya was playing in the project, who appointed him and what was the criteria used to appoint him; Mr. Speaker Sir, as I said earlier, the communities have organised themselves under their headman and allocated responsibilities among themselves.  The Ministry has not noted any challenges so far with the structures and arrangements made by the traditional leaders and if any should arise, they will be addressed.

       Responding to the question raised on why Tsonzo Small Scale Farmers are being excluded from benefiting from the Pungwe pipe line water; Mr. Speaker Sir, the Minister of Environment, Water and

Climate ensures equitable access to water by all citizens in the country.  The villagers are organising themselves under the leadership of the respective headman.  The different villages are at various stages with the project depending on how organised and committed they are.  The Ministry, through ZINWA, is providing technical expertise for the design and construction of the off-take infrastructure.

Elaborating on the role (if any) is the Mutasa Rural District

Council playing as the appropriate local authority; Mr. Speaker Sir, the Rural District Council has always been involved in the project as an important stakeholder representing the beneficiaries along the pipeline.  The negotiations for access to the Pungwe pipeline water by the local communities were done between Mutare City Council and the Mutasa Rural District Council together with other stakeholders.

Regarding the funding of the project Mr. Speaker Sir; resources are being mobilised from various stakeholders.  The communities have so far committed significant resources in the form of cash, labour, quarry stone and sand for the construction of access roads and tanks.


  1. HON. MKANDLA asked the Minister of Environment, Water and Climate why Kamalala Primary School in Hwange has no source of water and teachers have to rely on water brought by pupils from their homes.

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (HON. MUCHINGURI):  I want to thank Hon. Mkandla for the question requesting me to explain why Kamalala Primary School in Hwange has no source of water and teachers have to rely on water brought by pupils from their homes.

Mr. Speaker Sir, my Ministry is aware of many schools, clinics and other Government establishments that do not have sources of water within a reasonable distance.  Resources are being mobilised through Government, NGOs and other stakeholders to ensure that every citizen has access to safe drinking water, e.g. the Rural Wash Programme.  The Government has also drilled a number of boreholes through its agencies and efforts are continuing to cover more areas.  It is also important that as we plan for schools and other services, water and sanitation be considered so that the necessary facilities are included in the construction of these service centres not to be after thoughts or add on features.  The Ministry is now looking into putting in place piped water schemes starting with communities through which major water pipelines for urban centre pass, e.g. Pungwe and Mtshabezi pipeline.



  1. HON. B. MPOFU asked the Minister of Environment, Water and Climate to explain what the Ministry is doing to completely eradicate the human and wild life conflict in Chikandakubi Ward in Hwange West, considering the fact that the demarcation between the community and forest land commission is too small.


CLIMATE (HON. MUCHINGURI):  Mr. Speaker Sir, in response to

Hon. Mpofu’s question, Chakandakubi area adjoins Fuller Forest of the Forestry Commission and the common Human/Wildlife conflict reported are lions and hyenas attacking livestock and elephants destroying crops.  So far, no reports of people being injured or killed in the area have been recorded.  Animals have no boundaries and they traverse the lands in search of food and water.

Mr. Speaker Sir, currently the Ministry is running a project funded by the Food and Agriculture Organisation (FAO) in Wards 2, 3, 5, 8, 11, 14, 15, 16 and 17 in areas surrounding Sikumi Forest and Hwange National Park.  Under this project FAO is testing the effectiveness and range of the Ambush Chilli educator by creating a virtual fence around resource centres i.e. water holes.  It is being tested under controlled conditions but the intention is to then extend it to communal areas to cover all the resource centres like water hole, fruit tree orchards, garden and even dump sites, areas normally frequented by these animals.

Under this project FAO has developed a multiple mitigation toolkit to manage Human Wildlife Conflict.  If this project is successful, there is scope for replicating it to other areas on a full scale, resources, permitting.

In pursuit of the collective management concept, issues of land-use planning, types of crops to grow in such areas, creation of buffer zones on adjoining lands are pertinent – requiring all stakeholders’ involvement.  As of now, there is a training workshop organized by FAO in collaboration with the Ministry, targeting field officers on how to holistically manage the process.

The Ministry is hoping that the initiatives taken so far will be extended to other areas but for this to take effect, we are hoping that the donor community will assist to fund the project.



  1. HON. CHIRISA asked the Minister of Environment, Water and Climate:
  2. to explain measures in place to alleviate the problem of use of underground water by residents as an alternative source of water;
  3. to explain what advice can be given to the Ministry of Agriculture. in terms of climate change effects on agriculture; and
  4. to explain if there are any plans for new dams or rehabilitation of existing ones given the current low levels of dams.


CLIMATE (HON. MUCHINGURI): Mr. Speaker Sir, I would like to thank the Hon. Member of the House, Hon. Chirisa for asking the question ‘to explain what advice can be given to the Ministry of

Agriculture in terms of climate change effects on agriculture’

Mr. Speaker Sir, the evolving climate change phenomena across the whole region has brought about high daily average temperatures, late onset of the rainfall season, prolonged mid-season dry spells, fewer but high intensity rainfall events and early cessation of the rainfall season.  These result in high evaporation losses of soil moisture leading to moisture stress, droughts and reduced productivity in rain-fed agriculture systems which support livelihoods to over 70% of the rural population.  The El Nino induced drought clearly demonstrates the impacts of climate change in the agriculture sector and the need to address the challenges.

Given the background above, my Ministry recommends the following interventions to alleviate climate change effects in the agricultural sector:

Enhanced rainwater harvesting and supplementary irrigation – most of the high intensity rainfall received is lost to runoff, therefore there is an opportunity to capture that water in weirs and dams among other reservoir types.  The development of irrigation infrastructure for supplementary irrigation to bride dry spells will then be developed in these reservoirs. The development of irrigation systems should preferably be gravity or renewable energy powered, for example, using solar and wind energy for access and sustainability.  Proper catchment management practices should complement rainwater harvesting in order to ensure there is reduced soil erosion and subsequent siltation of water bodies.

Development and Promotion of drought tolerant seed varieties – traditional seed varieties are generally long season, thus a higher crop water requirement, so we recommend breeding and promotion of short season, drought tolerant varieties that can withstand the harsh prevailing conditions.

Furthermore, small grains can be promoted, ensuring their seed availability as these have since been proven to be drought tolerant.  The need for technologies and innovations of processing small grains and providing a sustainable market for them will go a long way in ensuring improving agricultural production, subsequently contributing to households’ food security.

Livestock production system – breeding drought tolerant livestock strains that are not highly susceptible to diseases and low quality pastures, ensure regular animal disease surveillance and administration of doses and medications.  Hay bailing and storage before the fire season is recommended for supplementary livestock feeds and maintaining recommended livestock carrying capacities.  Promoting a market for small breeds such as the goats and chickens can also cushion rural agriculture in the face of climate change.

Spreading the risk associated with droughts – Farmers are encouraged to stagger their crop planting dates as the rainfall variability has increased.  This ensures at least some decent harvest is obtained assuming all the necessary inputs have been provided.  As cropping becomes more and more risky, alternate livelihood activities can be adopted, for example, bee keeping, poultry production and aquaculture to leverage the output from mainstream agricultural production.  The role of forests in sustaining livelihoods need to be embraced and promote sustainable forest management and agro forestry which offer communities local based adaptation options in the face of climate change.   Leaves from trees are organic manure for the crops and assist in holding soil moisture. Being cognisant of the provisioning function of forest resources through non-timber products like ecotourism, fruits and medicines among others also offers community based adaptation to improve livelihoods and cushion them from extreme weather events.  I thank you.


  1. HON. M. SIBANDA asked the Minister of Environment, Water and Climate to explain the policy regarding the stipulated number of boreholes within a ward or village.


not stipulate the number of boreholes per ward or village.  Rather, it gives a guideline on the number of people to share a borehole, which is 250 people per borehole.  The UN Sustainable Development Goals also aim to promote safe drinking water to every citizen within 500m of their residence.



  1. HON. M. SIBANDA asked the Minister of Environment,

Water and Climate to state the measures that the Ministry is taking to desilt the dams in Gwanda North Constituency.


has a plan to desilt the major rivers and dams to improve access to water for communities.  This plan was approved by Cabinet and VP

Mnangagwa oversees the Cabinet Committee responsible for desilting of dams and rivers.

The process however, requires extensive amounts of resources due to the level of siltation obtaining in our dams and rivers.  Some dams in Matabeleland South are almost completely silted.  While Government is at an advanced stage to mobilize resources (through mineral recovery from silt in rivers and dams), all stakeholders are urged to ensure that we minimize erosion and siltation especially from illegal mining activities and poor agricultural practices.



  1. HON. M. S. NDLOVU asked the Minister of Environment, Water and Climate to explain whether there are plans to construct dams in the following rivers:
  2. Nata;
  3. Natane; and
  4. Maneha

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (HON. MUCHINGURI):  Hon. Speaker Sir, Government, through ZINWA has a continuous programme to measure river flows across the whole country.  This information is used to determine the amount of water that can be potentially stored on these rivers by building dams.  Most potential sites have been identified for all districts and with the advent of climate change, ZINWA is intensifying efforts to update the database for potential sites and revising the amount of water that can be stored at these potential sites.  Mobilisation of resources is required so that all these dams are constructed.



  1. HON. A. MNANGAGWA asked the Minister of

Environment, Water and Climate to inform the House what the Ministry is doing to reduce the carbon emissions from the transport sector.

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (HON. MUCHINGURI):  Mr. Speaker Sir, my Ministry uses the Environmental Management Act [Chapter 20:27], as read with Statutory Instrument 72 of 2009 on Atmospheric Air Pollution in addressing carbon emissions. These Instruments provide a framework for vehicular emission standards as stipulated in the fifth schedule of the Statutory Instrument 72 of 2009.

These standards enable my Ministry, through the Environmental Management Agency, to conduct routine roadside emission tests to enforce the minimum emissions limits set in terms of the Statutory Instrument.  During these routine test inspections, vehicles are tested to determine whether or not their emissions are within the stipulated limits.

The parameters tested include carbon monoxide, particulate matter (soot), and nitrous oxide.

Vehicles emitting over the prescribed limit are issued with an order to have the vehicle repaired and retested by the agency before being permitted to be used on the country’s roads.  A total of 4 906 vehicles have been tested since 2015, with a compliance rate of 79%.  One thousand and thirty one (1 031) vehicles were repaired as a result of the operations.

Mr. Speaker Sir, my Ministry, through the Environmental Agency, has proposed amendments to SI72 of 2009 to create a legal framework for the licencing of vehicles on a yearly basis.  This is meant to ensure that vehicles meet the minimum emission limits set in the proposed regulations.

In addition, Mr. Speaker Sir, my Ministry also promotes various initiatives that are meant to reduce carbon emissions from vehicles such as the use of fuel additives that reduce the consumption of fuels by 30% and increase vehicle life spun.

Currently, Mr. Speaker Sir, my Ministry, through the

Environmental Management Agency, has set up ambient air monitoring points and is acquiring the mobile and stationary ambient air monitoring equipment through the United Nations Development Programme UNEP for the purpose of monitoring the general ambient air quality and to complement the point source vehicle monitoring.

Questions with Notice were interrupted by THE HON.

SPEAKER in terms of Standing Order Number 64.




MNANGANGWA): Mr. Speaker Sir, I move that Orders of the Day, Numbers 1 to 27 be stood over until Order of the Day, Number 28 has been disposed of. Thank you.

Motion put and agreed to.





Twenty Eighth Order read: Committee: Consideration of the Adverse Report of the Parliamentary Legal Committee on the Criminal Procedure and Evidence Amendment Bill, [H. B. 3A, 2015].

House in Committee.

HON. ZIYAMBI: Thank you Hon. Chair. I rise to present the

Report of the Parliamentary Legal Committee as regards the Criminal Procedure and Amendment Bill. I have an Adverse Report that was issued by the Committee. In pursuit of its constitutional mandate as provided in Section 152, (2) of the Constitution of Zimbabwe, the Parliamentary Legal Committee met on the 20th October 2015, at 1000 hours to consider the Criminal Procedure and Evidence Amendment Bill (H.B. 2B, 2015). After deliberations, the Committee resolved that an

Adverse Report be issued in respect of Clause 6 of the Bill, amending Section 16 of Chapter 9.07 and Clause 30 of the Bill, amending Section 121 of the Bill.  In compliance with Standing Order 32 (3), members of the Committee legally qualified as envisaged by Section 152, (2) of the Constitution, agreed 4 – 0 that the Bill contained provisions that if enacted, would violate the Constitution.

The Adverse Report was issued due to the following considerations: in particular, Clause 6 of the Bill which amends Section 16 is counterproductive in that Section 16 (3), paragraph (a) rebuffs the position as set out in Section 16 (2), which sets conditions that are to be met in order for the Prosecutor-General to grand a certificate for private prosecution. Section 16 sub section 3 then gives the Prosecutor General discretional powers  to refuse to grant the certificate. The reasons pronounced in Section 16 sub section 3 paragraph (a) to (b) being the same reasons and considerations that the Prosecutor General would have refused to prosecute and makes his position unsustainable as the true spirit and purpose of allowing private prosecutions is to give private persons the chance to go before the court at their own expense where the Prosecutor General has decided not to.

Further, the criminal penalty in the proviso to paragraphs (a) and (b) of Section 16 sub section 3, discourages people from approaching for fear of criminalization.  With regard to Section 16 sub section 3 paragraph (c) interested persons should not be precluded from seeking justice based on the fact that there is a civil approach available. Section

56 (1) of the Constitution stipulates “All persons are equal before the law and have the right to equal protection and benefit of the law” Therefore, it appears that the proposed Section 16 (3) violates Section 56

(1) of the Constitution.

Coming to Section 121 Hon. Chairman, it has not changed as it still provides that a Magistrate or a Judge decision to admit an accused person to bail shall be suspended if immediately after the decision, the Magistrate or Judge is notified by the Prosecutor General or Public Prosecutor that he wishes to appeal against that decision. The mere difference is that an accused person shall now remain in custody, despite being found to be a proper candidate for bail for a further 72 hours as opposed to the previous 7 days.

In other words, the previous section allowed the prosecution to appeal and an accused would remain in custody for 7 days. What has now changed is that the period has been reduced, but the argument is that it has been repealed by the Constitutional Court and it was not part of our statute books and now it is being brought by the back doors, it is now smuggled in when in effect it was not part of our laws by virtue of it being having been struck down by the Constitutional Court.

The controversy surrounding this provision is the suspension of the Court Order to admit an accused person to bail upon prosecution notifying the Court of its intention to appeal against such an order. It is clear that the provision creates inequality of arms and tilts the scales of justice unfairly to the prosecution side at the expense of the accused. The principle of equality of arms is recognised in International Human Rights Law and is integral to the right to a fair trial entitling both parties to same procedural and substantive rights and powers …

HON. TARUSENGA: On a point of order, there is no quorum in the House – [AN HON. MEMBER: Ah, hati kwane 72.] –

          [Bells Rung]          [Quorum formed.]

          HON. ZIYAMBI:  Thank you Hon. Chair.  I was presenting the report of the Parliamentary Legal Committee.  Let me summarise to say that when the Committee looked at the report, it noticed several violations of the Constitution, in particular the right to liberty.  We also took into consideration jurisprudence from other jurisdictions like South Africa and Namibia.  We compared and we felt that even if the State were to appeal and the appeal is upheld, they can still issue a warrant of arrest and the person can be arrested and put in jail.  So, we felt that with those violations that are there, we issued an adverse report as regards the provisions of those two sections that we have highlighted in the report.  I thank you.


This is to basically agree with the Committee’s report but perhaps to speak a little bit more on it.  You will remember Chair that when we debated this particular amendment, we raised these issues, suffice to say at the time that we were debating these issues we had not necessarily heard the constitutional judgement that was given.  Let me raise two or so issues before we get there because I tend to think that sometimes when we are discussing issues of law making in the House, we think we are being defensive.  As legislators we think our role and responsibility is to defend or to be with the Executive.

It is interesting though that the events that we have noticed in the last few weeks speak to something else.  It speaks to the fact that we may be some of those people who are sitting down and putting these rules and may be victims of the same rules that we are putting in.  Let me give you an example, Hon. Chair.  I am not sure that the Prosecutor General at any time thought that he himself would be a beneficiary to the striking off of Section 121, but he was.  I am sure at the time of us debating this issue, he himself was on the other side, in defence of

Section 121 but before he knew it, he himself was a beneficiary for that striking off of the section.  I just want to implore particularly members of the Legislature and some of the members of the Executive that I love dearly which I will not say and mention by name, that they may actually be subject and may be victims of these very laws that we are putting in here.  We need to be careful about the things that we are trying to push


Let me go to the point.  Hon. Chair, we have three Arms of the

State so that we have separation of power.  We have the Legislature, the Judiciary and the Executive.  The Legislature’s responsibility is to make laws, the role of the Judiciary is to do arbitration and the Executive is to implement.  What we are finding in all these things that we are discussing is that we are beginning to find a situation in which seemingly the Executive is now at loggerheads with the Judiciary, because we have a situation in which the Judiciary makes a judgement.  We still come back to this House and we want to implement exactly what the Judiciary has struck off or has said is unconstitutional.

Let me go back to the issue that was being raised by the Committee, which is the issue of the striking off of Section 121.  If we clearly believe that a person should be taken back and be re-arrested, there is a process of doing so.  Let us maintain a situation in which the Judiciary maintains its role in doing the arbitration and making a judgement over a law.  Let ourselves do what we have to do but let us not conflate these particular things and I think this is where we are saying it is problematic.  When we take things to a Constitutional Court, it means both ourselves as the Legislature and the Executive have gotten to a point where we are in disagreement in terms of how that particular provision has to be interpreted.  If we have a Constitutional Court giving us an interpretation, I think it is only fair to understand that it is the Constitutional Court that has made that arbitration.  To continuously fight with a Constitutional Court over a decision that they have made, I think for some of us is problematic.  I still do not understand why we are going where we are going.

The second issue Hon. Chair, which I think the Committee spoke to very clearly is the issue around private prosecution.  You will remember that when we debated this, again we raised this particular issue.  The first one was the issue of the unfettered powers that we were giving to the Prosecutor; not in terms of his denying prosecution but in terms of saying when he has denied prosecution, we should create a situation where anybody can therefore move for private prosecution.  I am surprised that we seem to still have that confusion.  I would want just to add a section in the Constitution which I think the Committee did not speak to.  If you go back to our Constitution on Section 69 (2), “In the determination of civil rights and obligations, every person has a right to a fair, speedy public hearing within a reasonable time before an independent and impartial court, tribunal or any other forum established by law”.  If we are saying everybody has a right, I think let that right be a right that is given to everybody.

I then tried to see whether if you go to the limitations, because we know that there are limitations of those rights and freedom to try and say is this a right that can be limited.  It is very open, if you go to Section 86

(3), that “No law may limit the following rights enshrined in this

Chapter, and no person may violate them”.  One of those rights that cannot be limited are the rights to a fair trial. I am not sure what it is that we are trying to do, but what I know is that, it does not matter what we do today.

We can take the attitude that we always take where we say we are not interested in compromising or hearing how the adverse report has come through.  However, if this is taken to the Constitutional Court again – I want this recorded and those who have diaries should put it down.  If it goes to the Constitutional Court, it will come back with the same verdict, this is ultra vires the Constitution.

I am not sure what this is all about.  I think when we drafted this Constitution, we were very clear on what we were trying to say.  We wanted to make sure that we are left in no doubt that there is a right to a free trial and everybody is equal before the law. There is no debate around that.  I still do not understand why we want to violate that principle.

Like I said, I am not sure what this means.  Perhaps when the Minister makes a response, he may indicate to us, why we seem to be interested in continuing to have this particular fight between the Executive and the Judiciary.  I think as the Legislature, this is the time we need to take our stand, who are we standing with?  Are we now standing with the Executive to say we do not want to adopt what the Judiciary is saying?  Are we going to stand on our own and say, in terms of our evaluation of the Constitution; whatever is being put before us now and today violates the fundamental principles and rights which our Constitution clearly sets out that those rights cannot be limited.  I thank you Mr. Chair.

HON. CROSS: Thank you Mr. Chair.  In March 2013, this nation adopted a Constitution, which is now recognised throughout the world as a remarkable document in terms of reflecting our national character and our commitment as a nation to the principles of upholding basic human rights.  I find it strange today.  I think this is an excellent report.  It is a report by the top Legal Committee of this House.  I think it is founded on strong principles and it would find the full support of the

Constitutional Bench.  I find it difficult to understand why the Executive would want to challenge it.  Surely, the right to private prosecution is a fundamental right and we know what the views of the Constitutional

Court are because they have recently given a judgment to that respect.

Surely, the right of a judge, magistrate or law officer to grant an accused the right to bail is within the ambit of the rights of the Judiciary.  I cannot see why the State would seek to challenge either.  What I hope

Mr. Chairman, is that this House, on a united basis, would support our Legal Committee and request the Minister to modify his draft so as to reflect their findings.  Thank you.



MNANGAGWA): Thank you Mr. Chairman. I know that some

colleagues are students of history and jurisprudence.  In the Ministry of Justice, Legal and Parliamentary Affairs, after reading the submissions by the Parliamentary Legal Committee (PLC), we have conceded to the observations in that report and we communicated that to the PLC and there is no dispute.  I am surprised that some Hon. Members are saying there is a conflict between the Judiciary and the Executive.  There is no conflict. The Prosecutor General conceded and allowed the issuance of private prosecution, which is going on now.

So, accordingly, Section 21 of the Criminal Procedure and Evidence Act should be amended by the deletion of subsection 3 and substitution of the new subsection 3 along the lines of the notice of amendment attached hereto.  Furthermore, in respect to the proposed new Clause 6 of the Bill, we should delete the proviso to Section 16(3) and B and also delete Paragraph C of Section 16(3) in Paragraph D and E to become the new Paragraph C and D.

With regards to that amendment, in relation to Section 121, appeals against decisions regarding bail of the principle Act is amended by the repeal of subsection 3 and the substitution of 3. Where a magistrate or judge has admitted a person to bail and an appeal is noted by the Prosecutor General or his/her representative under subsection 1; the decision to admit to bail remains in force unless, on the application of the Prosecutor General, or his/her representative, the court is satisfied that there is a reasonable possibility that the hindrance of justice will be defeated by the release of the accused on bail before the decision on appeal in which the court, not the Prosecutor General, may suspend the decision to admit to bail and order contiguitation of the person.

Therefore, we are saying, we accept the recommendation of the PLC – [HON. MEMBERS: Hear, hear.] – Mr. Chairman, I had to distinguish between students of history and those of jurisprudence – [Laughter] – Mr. Chairman, I therefore move that the Chairman of the Whole House reports progress and seek leave to sit tomorrow.

Hon. Chamisa having stood up to make a contribution.


Do you have any objection?

HON. CHAMISA: No objection, but just to note a point.  In terms of the rules, I am not out of order Hon. Chair.  I just want to say, this is a very positive development when you find that the Executive is willing to listen to the wisdom and logic of the Parliamentary Legal Committee.

We must commend good things – [HON. MEMBERS: Hear, hear.] – This is what gives Parliament its positive role in a democratic society. We are now legislating good laws for good citizens.  It is a very, very positive thing. We hope that this spirit continues.  We do not expect a short race on this.  Let us have a marathon.  Thank you very much Hon. Vice President. May you continue to open your gates to the wisdom from your legislators.  Thank you very much.

House resumed.

Progress reported.

Committee to resume: Thursday, 18th February, 2016.

          On the motion of HON. VICE PRESIDENT AND MINISTER


MNANGAGWA), the House adjourned at Twenty Eight Minutes past

Five o’clock p.m.


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