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NATIONAL ASSEMBLY HANSARD 20 October 2016 43-07

PARLIAMENT OF ZIMBABWE

Thursday, 20th October, 2016

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

PRAYERS

(THE HON. SPEAKER in the Chair)

ANNOUNCEMENT BY THE HON. SPEAKER

ERROR ON THE ORDER PAPER

THE HON. SPEAKER:  I have to draw the attention of the House to an error on today’s Order Paper where the entry of Notice of Motion Number 4 by Hon. Mangami was inadvertently repeated as Notice of Motion Number 11.  The second entry should be disregarded and the renumbering of the subsequent Orders of the Day should be done accordingly.

MOTION

BUSINESS OF THE HOUSE

            HON. MATUKE:  I move that Orders of the Day, Numbers 1 to 11

be stood over, until the rest of the Orders of the Day have been disposed of.

HON. RUNGANI:  I second.

Motion put and agreed to.

MOTION

FIRST REPORT OF THE PORTFOLIO COMMITTEE ON DEFENCE,

HOME AFFAIRS AND SECURITY SERVICES ON THE LANDMINES

SITUATION IN ZIMBABWE

Twelfth Order Read:  Adjourned debate on the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Landmines Situation in Zimbabwe.

Question again proposed.

THE MINISTER OF DEFENCE (HON. SEN. DR.

SEKERAMAYI):  Mr. Speaker Sir, I stand before this august House to respond to the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the report on landmines situation in Zimbabwe.  Mr. Speaker Sir, I would like first and foremost to thank all the members of the Portfolio Committee for the work that they did with regards the landmines situation in Zimbabwe.

I will commend on the report in terms of the observations and recommendations which they made.  The observations are on page 12, paragraph 6 and the Findings are on page 12, paragraph 5.

5.1. Mr. Speaker Sir, it is true that some landmines such as the Sango Border Post to Crooks Corner and Msengezi to Rwenya River are made up of two or more minefields running parallel to each other.  All the ploughshear minefields contain below and above surface mines.

It should be noted, Mr. Speaker, that these mines were laid more than 37 years ago hence; some may have been washed away.  Landmines laid on flat ground will not be washed away; this happens mainly on rivers, stream banks or uphill but not completely. 

         The trained landmine surveyors go first into the field to establish the pattern and density of the minefield and the types of mines laid before the deminers get into the field.  That is how it was established that some minefields have two minefields running parallel to each other and contain below and above surface fragmentation mines.

5.2. Mr. Speaker, it is true that animals and human action have contributed to uncontrolled detonations of landmines.  It is however, not correct to say that locals have removed the ploughshear mine pickets. Instead, they removed the perimeter fence marking the minefield.  Where demining has not taken place, the ploughshear pickets are still visible.  Deminers are trained on missing mine drills; as such, they carry out these drills whenever they do not find all the mines in a mine cluster.

5.3. Deminers, Mr. Speaker, are provided with demining protective clothing.  As from 1998 to 2010, our National Mine Clearance Squadron (NMC Squadron) deminers were using over boots but these have since worn out and are no longer in production or use anywhere in the world of demining.  It is true that some, if not all, minefields have snakes but the record is we have never had an incident of snake bites on the minefield since commencement of demining in 1998.

5.4. Yes, Mr. Speaker, insects mainly the Mopani flies are not in all minefields and they are not there throughout the year.  They affect the deminers during the hot season, hence our deminers start work early and when it gets hot around 1100hrs, they are out of the field.  So, we have not had any insect inspired accident.  As per Standard Operation Procedures (SOPs), any accident on the minefield is thoroughly investigated to ascertain the cause and also to avoid similar incidents in future.

5.5. Mr. Speaker, all ploughshear minefields have a lot of metal objects strewn all over as a result of fragmentation from the exploded above surface ploughshear mines.  The NMC squadron deminers have been provided with magnetic sticks which they use to pick up above surface metal objects, hence they do not waste a lot of time using a detector.

5.6. There is not much that can be done in the thick vegetation except to cut shrubs using machetes and pruning shears.  This, of course, slows down the pace of clearance which is slow by nature.

5.7. Mr. Speaker, as already alluded to.  There are trained landmine surveyors.  On any minefield, there is and it is a must that a non-technical survey forms the basis of demining.  When demining commences, a technical survey is carried out by the survey teams who are always ahead of deminers.  The deminers base their operations on the information from the survey teams.  Using the global positioning systems (GPS), we have the entire stretch of the Sango Border Post to Crooks Corner minefield on

Google Earth Map.  The same applies to our demining partners, Hazardous

Area Life Support Organisation Trust (HALO Trust) and Norwegian Peoples’ Aid (NPA).

5.8. Mr. Speaker, the transport for the squadron to ferry troops to and from the minefields has been addressed.  The squadron now has a fleet of vehicles for both, ferrying troops and other administrative duties.  The challenge still remains on ambulances and we are working on this one.

5.9. The NMC squadron now has a very reliable self-propelled water tanker and additional water storage tanks have been provided.  So the problem of clean fresh water has been resolved.

5.10. There is no shortage of manpower.  This year, 100 deminers were trained at the beginning of the demining calendar in March.  This saw an increase from three demining troops to five plus demining troops that is 150 deminers.  On equipment, there was a boost with donation from the

International Committee of the Red Cross (ICRC) in April this year.  The equipment includes mine detectors, accessories and protective clothing among others.

5.11. Mr. Speaker, it is not correct that there are explosive remnants of war (ERWs) strewn all over the minefield instead as already alluded to; there are pieces of metals being fragments from the exploded ploughshear mines.  ERWs are strewn countrywide as a result of the liberation war which was fought countrywide.  We are not aware of animals being injured by ERWs but human beings occasionally get injured or killed when they tamper with these ERWs.

Our military engineers carryout mine risk education to communities living adjacent to minefields.  They also exhibit at the Zimbabwe International Trade Fair (ZITF) and the Harare Agricultural Shows.

Whenever an ERW is reported, the military engineers dispose of it.

On tourism, it is affected by minefields not ERWs.  For example, the Gonarezhou is part of the Great Limpopo Trans-frontier Park (GLTP), tourists move freely on the Limpopo National Parks in Mozambique and the Kruger National Park in South Africa. While on the Zimbabwean side, parts of the Gonarezhou National Park are affected by minefields.

6.1a. Treasury has been allocating $500 000.00 (Five hundred thousand dollars) for demining operational costs on an annual basis although in the 2016 Budget, Treasury allocated only $100 000.00 (One hundred thousand dollars) due to financial constraints facing the country.

6.1b. The Government is doing its best to rid the country of landmines.  As was highlighted by the Portfolio Committee, the Government is partnered by two international demining organisations namely HALO Trust and NPA who are currently working on different minefields.  The Government also signed MOUs with two additional international demining organisations in July this year (2016).  These are the Mine Advisory Group (MAG) of the United Kingdom and the APOPO of Belgium.  These are yet to start work.  Once they commence demining, we should see a wide area being covered.

6.1c. Mr. Speaker, an appeal to the international community is always made by the Ministry of Defence officials on meetings held in line with the Ottawa Convention.  However, the international donors do not channel the funds to the Government; instead, they have been increasing funding to the two partner demining organisations that is the HALO Trust and the NPA.  This has enhanced the capacities of the two organisations and benefits the country all the same.

6.1d. Mr. Speaker, as already alluded to, the NMC squadron was increased by two troops that is 60 deminers who were trained and are deployed this year to boost the strength of the NMC squadron.

6.1e. The servicing of the Chikombedzi to Dumisa road should be referred to the Ministry of Transport and Infrastructural Development and the District Development Fund (DDF).  This road does not serve deminers only but the entire population in areas lying between the two places.  While there is need for modern technology, the demining method used by the National Mining Clearance Squadron and the Demining Partners is not peculiar to Zimbabwe.  This is the best method recommended and used worldwide although other countries use Mine Detection Dogs (MDDs) and others complement manual demining with mechanical means.

6.1g. On compensation for landmine victims; identified victims are always advised to approach the Department of Social Welfare for further assistance.  I am sure now that we have a fully fledged Ministry of Welfare Services for War Veterans, War Collaborators, Former Political Detainees and Restrictees, this matter is going to be resolved.

7.0  Update on the Current State of Demining

For your information, a lot of progress has been achieved on demining throughout the mined areas less the Rusitu to Mutize minefield which is yet to be started.

7.1 Musengezi to Rwenya River Minefield

There has been a lot of progress.  A 29km stretch from

Mukumbura River to Gungwa is almost complete.  We expect to hand over this area to the local authorities by the end of this year.  The aim is to release this land before the onset of the rains so that the locals can utilize the land starting this agricultural season.

Currently, HALO Trust is demining from Mukumbura due north west, Chisecha and Rushinga.   Another land of approximately 27km south of Mazoe River is most likely going to be released through technical survey.  For now, we can safely say 90% of this land has been confirmed as having no landmines.

This minefield being the longest has been divided into two, with Hazardous Areas Life Support Organisation trust (HALO) remaining with the Musengezi to Mazoe River while Mine Advisory Group (MAG) takes over from Mazoe River to Rwenya River.

7.2 Sheba Forest to Leacon Hill Minefield

The Norwegian People’s Aid (NPA) has completed clearance  at Border Stream and south of Forbes Border Post.  Currently, they are working on the northern side of Forbes Border Post, Cecil Kopje and Imbeza.  There is remarkable progress on these areas.

7.3 Sango Border Post to Crooks Corner Minefield

As the Portfolio Committee is aware, the NMC Squadron is  based at Dumisa Demining Base which is 8kms north of Mwenezi.  The squadron is working backwards towards Mwenezi River.  Hopefully they will reach Mwenezi River by year end on the primary minefield.

Part of the squadron is at Gwai carrying out Quality Control and Post

Clearance Impact Assessment on the 8km portion of the primary minefield between Limpopo and Mwenezi Rivers.  On completion of that portion, the entire 21km double stretch will be handed over to the beneficiaries.

The secondary minefield between Mwenezi River and Sango Border

Post is earmarked for APOPO, one of the two International Demining Organisations which signed an MOU with us this year.

7.4 The Ottawa Treaty Obligation

We are currently on the 4th extension period of 3 years which was  granted during the Third Review Conference in Maputo in June, 2014 and expires on 1st January, 2018.  We are presently preparing an eight year extension request for up to 2025 and hopefully this would be the last.  By that time, if all organisations work at full capacity and throttle, we should have covered a lot of ground.  If we do not complete all the minefields by that time, we will still request another extension in line with the AntiPersonnel Landmine Ban Treaty (Ottawa Treaty).

Mr. Speaker Sir, it is the hope and determination of the Ministry of

Defence that we should clear all these minefields so that our people and their herds will be able to walk freely in this country.  We should also be able to release all the land that is suitable for agricultural purposes to the local population for their own benefit.  I thank you Mr. Speaker.

HON. MAONDERA:   I would like to applaud my colleagues  on the left side for putting a lot of pressure on Hon. Ministers and Hon. Vice Presidents to attend the business of Parliament.  Today, I am very happy that the Hon. VP Mphoko is with us today.  We hope he will also be able to attend on Wednesdays because there are burning issues that we would want him to respond to.

THE HON. SPEAKER:  Order, order Hon. Member.  Are you

trying to overrule my ruling yesterday on why Hon. Ministers including the Hon. VP were not here?

HON. MAONDERA:  No, I am not overruling your ruling.  It is a compliment.

THE HON. SPEAKER:  Can you withdraw that statement?

HON. MAONDERA:  I withdraw.

HON. CHAMISA:  I think it would be amiss if we were to allow this stage to pass without us appreciating the gesture of the Hon. Minister.

In the SROC, we took note of the fact that most reports were not being responded to by Ministers.  So this effort must be appreciated, particularly coming from the Minister of Defence.  We are very happy that our lives are in good hands when he comes to give us such a report and when he responds to Portfolio Committee Reports.  It is a good gesture and if this could also be extended to other members of the Executive, this is what makes our democracy work when responses are given.  Thank you very much Hon. Minister, we appreciate.

THE HON. SPEAKER:  I think that observation by Hon. Chamisa is certainly a voice of this House.  Hon. Dr. Sekeramayi indeed needs to be commended because he has set a good example.  Other Ministers have not responded to reports of Parliamentary Committees in terms of Section 107 of the Constitution.  So, thank you Hon. Minister.

HON. MUDEREDZWA: Thank you Mr. Speaker for giving me this

opportunity to conclude this motion.  First and foremost, I would like to thank the Minister of Defence for responding to our report highlighting the state of affairs regarding the assignment of demining areas affected by landmines.  I would also like to thank Hon. Members of the Committee who accompanied us as we toured areas along the border where these landmines are located.  I would also want to thank Hon. Members of this House who made contributions during the course of the debate on the

report.

During the course of the discussion by the Minister, we noted that parts of Mashonaland East, Mashonaland Central, Masvingo and Manicaland, there are areas which are still infested with land mines.  We appeal to Hon. Members of Parliament whose constituencies are located in those areas to continue educating members of the public so that they are not prone to injuries as a result of the land mines.

Mr. Speaker Sir, I want also to thank the media fraternity for bringing this information to the general public to the extent that the debate on land mines in the eastern border areas of Zimbabwe is being discussed by members of the public.  At the end of the day, it is our hope as a Committee that the Minister and the Ministry is going to continue removing these land mines to the extent that, according to international law by the estimated period of time, we will not be having land mines in Zimbabwe.  Mr. Speaker Sir, I move that the motion be adopted by the House.

Motion that this House takes note of the Report of the Portfolio Committee on Defence and Security Services on the landmines situation in Zimbabwe, put and adopted.

THE HON. SPEAKER’S RULING

POINT OF ORDER RAISED BY HON. CHAMISA REGARDING HON.

MANDIPAKA’S NOTICE OF MOTION

THE HON. SPEAKER: I have to make a ruling on the point of order raised by Hon. Chamisa regarding Hon. Mandipaka’s notice of motion.  On the 13th October 2016, Hon. Chamisa rose on a point of order in terms of Standing Order Number 66 of the Standing Rules and Orders of the National Assembly seeking clarification and guidance from the

Chair regarding the language contained in Hon Mandipaka’s notice of motion.

Standing Order No. 66 states as follows:

“Any Bill, motion, question or notice which in the opinion of the Speaker contains derogatory, disrespectful, offensive or unbecoming references to the President, Parliament or its Members, or the Speaker which partly reads or contains unbecoming expressions, or is of a frivolous nature, or offends against these Standing Orders, or is otherwise out of order shall be discharged from the Order Paper or withheld from publication or amended by the Speaker before it appears on the Order

Paper.”

Hon. Chamisa averred that the reference to opposition political parties as perpetrators of acts of violence and terror on innocent people was offensive given that no opposition political party had been found guilty of the alleged acts of violence. He therefore requested that the offending words be dealt with in terms of the provisions of Standing order No. 66.

Having studied the matter, the Chair is of the view that the Notice of Motion does contain some offensive words and is thus inadmissible to the extent that where the motion refers to “Opposition Parties”, the motion should read “some parties”. The mover of the motion is directed by the Chair to accordingly amend the motion in terms of Standing Order No. 66, which partly reads that “a motion containing unbecoming expressions.

May be amended by the Speaker…” So, be guided accordingly.

HON. MANDIPAKA: We stand indebted by your directions. Thank you.

MOTION

RATIFICATION OF A LOAN AGREEMENT BETWEEN THE

GOVERNMENT OF ZIMBABWE AND OPEC FUND FOR THE

INTERNATIONAL DEVELOPMENT

THE MINISTER OF TOURISM AND HOSPITALITY

INDUSTRY (HON. ENG. MUZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.

CHINAMASA):  I rise to move the motion on behalf of the Minister of

Finance and Economic Development that;

WHEREAS, Section 327(3) of the Constitution of Zimbabwe provides that an agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organisations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS , a loan Agreement between Government of Zimbabwe and the OPEC Fund for the International Development relating to US$7.6 million line of Credit to support Poverty Alleviation Project, in three provinces, namely, Masvingo, Manicaland and Matabeleland North which  will be implemented by the Ministry of Small and Medium

Enterprises and Cooperative Development was signed on 17 August 2016.

NOW, THEREFORE, in terms of section 327 (3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved.

The Government of the Republic of Zimbabwe and OPEC

International Development …

THE HON. SPEAKER:  Order, order, Hon. Minister Mzembi.   Can you confirm you are the Acting Minister of Finance or you have the authority from the Minister?

THE MINISTER OF TOURISM AND HOSPITALITY

INDUSTRY (HON. ENG. MUZEMBI): Mr. Speaker Sir, I have absolute

authority to present this paper.

          Some two Hon. Members having been jostling.

         THE HON. SPEAKER: Order, order. I wish not to see similar behavior in future between the two Hon. Members who were jostling behind there. Order, because we had stood over item number one, we shall need to reinstate it so that the Hon. Minister may act accordingly. Can you move Hon. Minister?

THE MINISTER OF TOURSM AND HOSPITALITY INDUSTRY (HON. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.

CHINAMASA): Thank you Hon. Speaker for your indulgence. I move that we revert to Order of the Day, Number One.

THE HON. SPEAKER: Thank you very much.

MOTION

RATIFICATION OF A LOAN AGREEMENT BETWEEN THE

GOVERNMENT OF ZIMBABWE AND OPEC FUND FOR THE

INTERNATIONAL DEVELOPMENT.

          THE MINISTER OF TOURSM AND HOSPITALITY

INDUSTRY (HON. ENG. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON:

CHINAMASA): I have been assigned to move this motion on behalf of the Minister of Finance and Economic Development relating to the loan, as I have alluded to earlier on of US$7.6 million which is an agreement between the Government of the Republic of Zimbabwe and the OPEC Fund for International Development (OFID) signed on the 17th August, 2016 to support Poverty Alleviation Projects.

The Loan was sourced at a concessional interest rate of 1.5% per annum, with A tenure of 20 years, comprising of a five year grace period and 15 years bi-annual repayments.

Project Scope and Mechanisms

Project Objective

         The objective of the Project is to improve access of beneficiary households to enhanced socio-economic services and income generating opportunities, through support to the following programmes and subprojects.

  • Livestock Development (cattle rearing, construction of cattle fattening pens, drilling of community boreholes)
  • Optimisation of Local Endowments (value addition of locally available fruits, honey production and processing, fish farming, among others;
  • Strengthening of Entrepreneurial Training Institutes (capacity building of personnel and upgrading of equipment for three identified

Entrepreneurship Training Institutes) and;

  • On-lending to Savings and Credit Cooperative Societies (SACCOs).

Targeted Beneficiaries.

The beneficiaries to this facility will be identified rural communities, households, entrepreneurs, training institutions and SACCOs in the following 3 provinces:

  • Masvingo;  Manicaland and;
  • Matebeleland North.

Project Management

         The Ministry of Small and Medium Enterprises and Cooperatives Development (MoSMECD) is the Executing Agent responsible for the implementation of the Project. In order to ensure the smooth implementation of the project, a Project Management Unit (PMU) will be established under the Ministry, whose mandate will be to oversee the day to day activities of the project.

The project is earmarked to commence in January 2017, and will be implemented over a period of four years.

          Project Financing and Repayment

         The financing of the project is US$8.3 million, with OFID contributing a loan facility of US$7.6 million (91.6%) whilst the

Government will provide counter-funding of US$700 000 (8.4%).

The loan will be serviced from funds deposited by beneficiaries into a Revolving Fund. The Fund will be administered by the MoSMECD to ensure that Government is able to honour its repayment obligations to OFID.

          Project Benefits

         The Poverty Alleviation Project is a direct translation of the country’s economic blueprint, the SAM ASSET which seeks to eradicate poverty through value addition of abundant local resources.

The successful implementation of this project will help improve the livelihoods of the beneficiaries through:

  • Alleviation of Hunger;
  • Improved food security and boost nutrition;
  • Increased household and personal incomes and;
  • Strengthening of Entrepreneurial Training Institutes and capacity building of beneficiaries to gainfully participate in community and national development projects.

Annexture1:

Key features of the Facility

Borrower  Government of Zimbabwe (Ministry of Finance
                      and Economic Development).
Lender 

Beneficiary

OPEC Fund for International Development (OFID)
Institution Ministry of Small and Medium Enterprises and

Cooperatives Development Corporation

(MoSMECD)

Amount US$7.6 million
Purpose To eradicate poverty through value

enhancement of local resources, foster income diversification and increased food production to the beneficiary households.

Targeted Areas          Masvingo, Manicaland and Matebeleland

North Provinces

Maturity                         Twenty (20) years (inclusive of grace period)

Grace period Five (5) years
Interest rate One and half percent (1.5%) per annum on the

principal amount of the Loan withdrawn and outstanding, payable semi-annually on (15 January and 15 July).

Principal payments  Thirty (30) semi-annual instalments

Service charge              One percent (1%) per annum on the principal

amount of the Loan withdrawn and outstanding.

Date of Effectiveness Within 90 days after the date of the

Agreement.

Closing date               31 December 2021

(for drawdowns)

 Mr. Speaker Sir, I submit and I now seek approval of Parliament. I thank you. 

          HON. MAJOME: On a point of Order Mr. Speaker.

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

HON. MAJOME: Thank you Mr. Speaker Sir. My point of order

and privilege is to inquire through your esteemed Chair whether indeed the provisions of Section 301(1) and Section 300 (3) of the Constitution were adhered to, which requires that within 60 days, after the Government has concluded a Loan Agreement, the Minister responsible for Finance must cause its terms to be published in the Government Gazette. So, I rise to inquire if indeed this Loan Agreement was published in the Government Gazette, together with the terms of such agreement. I ask because I noticed that this is just generally not being done. That is my inquiry and point of order, because we cannot comply with the subsequent with one Constitutional provision, without complying with the other. So, the enquiry is was it published in the Government Gazette and the terms and if so on what date was that done before the House can consider it?

THE HON. SPEAKER: Can you refer to section of the Constitution

again?

HON. MAJOME: Section 300 (3) Mr. Speaker Sir.

          THE MINISTER OF TOURSM AND HOSPITALITY

INDUSTRY (HON. MZEMBI) on behalf of THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON.

CHINAMASA): My understanding is that all those compliances were adhered to. I thought you were going to furnish me with - [AN. HON. MEMBER: You are not aware.]- I am aware of the clause because I was briefed yesterday that everything is compliant. If, you have any information to the contrary you can table it.

HON. MAJOME: Mr. Speaker Sir, with all due respect, I do not believe the Hon. Minister may have possibly understood the tenor of this provision. My point of order is to enquire whether it was gazzeted and its terms, if so - when was it gazzeted?  If he then asks me about the terms, I would not be asking if I knew and I would not waste Parliament’s time – [HON. MEMBERS: Hear, hear.]-  The question is when was it gazzeted? This august House cannot work on the basis of presumptions and generalization. These are matters of the State and they are important and taxpayers would need to know when was it done so indeed?

HON. ENG. MZEMBI: Mr. Speaker Sir. Can I repeat what I have

said? My briefing yesterday was that all the compliances are in place. If you have any information to the contrary you will table it.  - [HON.

MEMBERS: Inaudible interjections.] - Yes.

THE HON. SPEAKER: Order, order. I think the way forward here

is that the debate on the issue is suspended until the Minister satisfies the provisions of Section 300 (3). We understand the Hon. Minister is acting, so we cannot push him to task. I hope next week the issues will be clarified accordingly.

HON. ENG. MZEMBI: I note Mr. Speaker. – [HON. MEMBERS:

Hear, hear.]-

HON. MUTSEYAMI: Thank you Mr. Speaker Sir. I need to seek

clarity through you, since the Hon. Minister is here. He has been doing advocacy for the UNWTO as to what the position is as we speak right now - bearing in mind that His Excellency the President, has advised the nation and the world over that chances are that we might withdraw from the UN?  THE HON. SPEAKER: Your point of order is misplaced.

HON. MUTSEYAMI: It was not a point of order Mr. Speaker Sir. It was a point for clarity.

THE HON. SPEAKER: No, the Hon. Minister is here in his capacity as the Acting Minister of Finance and Economic Development.

So, if you are anxious about that ask that question next week.

HON. MAONDERA: On a point of order on Acting Ministers.

Yesterday we had a problem - you had left the Chair. We had an Acting Minister of Home Affairs, a question was raised and he looked like he was struggling to answer that question. Today we have the Acting Minister of Finance and Economic Development, so when these Acting Ministers are appointed, are they fully briefed or they are not fully briefed because when they come to this House they do not give us appropriate answers.

THE HON. SPEAKER: Order, when the Chair has ruled there is no further debate. Thank you.

THE MINISTER OF TOURSM AND HOSPITALITY

INDUSTRY (HON. MZEMBI): I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Tuesday, 25th October, 2016.

COMMITTEE STAGE

CONSIDERATION OF AN ADVERSE REPORT BY THE

PARLIAMENTARY LEGAL COMMITTEE ON STATUTORY

INSTRUMENT NO. 86 OF 2016: PLUMTREE TOWN COUNCIL

(CLAMPING AND TOW AWAY BY-LAWS)

Second Order read: Committee Stage: Consideration of an adverse report by the Parliamentary Legal Committee on Statutory Instrument No.

86 of 2016: Plumtree Town Council.

House in Committee.

HON. MARUMAHOKO: Order Hon. Members please.

HON. SAMKANGE: Thank you Mr. Chairman. Your Committee

deliberated on Statutory Instrument entitled Plumtree Town Council Clamping and Towing away By-laws of 2016. After our deliberations, it was agreed that we issue an adverse report, let me state the reasons briefly here.

In pursuit of its Constitutional mandate as provided for in Section

152 of the Constitution of Zimbabwe, the PLC on 22nd September 2016, at

11 o’clock a.m. met to consider Statutory Instruments Gazetted during the month of August. Among them the Statutory Instrument No. 86 of 2016 entitled Plumtree Clamping and Tow away By-laws, hereinafter referred to as the By-laws. After deliberations, it was unanimously resolved that an adverse report be issued in respect of the Statutory Instrument due to the following considerations.

The provision of Section 4 and 5 (b) contravenes Section 69 of the

Constitution. Section 69 reads, “the right to a fair hearing”. It is directly violated by Section 4 of the By-laws which permits authorized officers to impound a motor vehicle where a person does not pay a fine on the spot.

After the authorized officer has issued a traffic ticket, the provision of the By-laws provide a platform for the prosecution of every offence which a person denies liability, even where such offence does not constitute a criminal offence.

The right to a fair hearing supports the rule of law; rule that currently exists in our Constitution.  It is one of our founding values. The right to a fair hearing was pronounced and it is the heart of the rule of law.  In the Constitutional Court of South Africa, during the consideration of the same in the case of DBS, clearly the decision that  one individual working under the guise of authorised person being permitted to make a decision regarding the fate of an individual vehicle is inappropriate in the highest form.  Not only will it create a conducive environment for corruption but it is the Committee’s view that if such provisions are to be implemented, the courts would be inundated with frivolous cases.

It is for these reasons that the Committee strongly suggests that, that by-law be either re-drafted or removed altogether, as such a prosecution provides an alternative measure preferably of a civil nature.  In other words, it is unconstitutional for one person because he/she is designated as an authorised person, he/she makes a decision to clamp a motor vehicle, either because he does not like you or he thinks you have not parked your motor vehicle well.  That decision is wrong.  We cannot have a situation where one person can make a decision on his/her own, which involves the right of the driver.  I therefore move that the report be adopted.  Thank you Mr. Chairman.  In light of the fact that there is no debate, I therefore move that you report progress.

Motion put and agreed to.

Progress reported

Committee to resume: Tuesday, 8th November, 2016.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

Third Order read: Adjourned debate on motion in reply to the

Presidential Speech.

Question again proposed.

HON. RUNGANI: I move that the debate do now adjourn.

HON. MPARIWA: I second.

Motion put and agreed to.

Debate to resume: Tuesday, 25th October, 2016

MOTION

BUSINESS OF THE HOUSE

HON. RUNGANI: I move that Order of the Day Number 4 be stood over, until the rest of the Orders of the Day have been disposed of.

HON. MPARIWA: I second.

Motion put and agreed to.

On the motion of HON. RUNGANI seconded by HON. MPARIWA, the House adjourned at Twenty - four Minutes past Four o’clock p.m. until Tuesday, 25th October, 2016.

 

 

 

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