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NATIONAL ASSEMBLY HANSARD 23 FEBRUARY 2022 Vol. 48 No. 24
PARLIAMENT OF ZIMBABWE
Wednesday, 23rd February, 2022
The National Assembly met at a Quarter-past Two O’clock p.m.
PRAYERS
(THE HON. SPEAKER in the Chair)
ANNOUNCEMENTS BY THE HON. SPEAKER
APPOINTMENT TO THE COMMITTEE ON STANDING RULES AND ORDERS
THE HON. SPEAKER: I have to inform the House that in Terms of Standing Order No. 14 (e) which provides for the composition of the Committee on Standing Rules and Orders, Hon. Paurina Mpariwa is now a member of the Committee in her capacity as the Leader of the Opposition in the National Assembly. Hon. David Tekeshe becomes a new member of the Committee by virtue of his elevation to the Chief Whip of the Opposition as provided for in terms of Standing Order No. 14 (f).
COLLECTION OF 2022 CALENDARS AND DIARIES
THE HON. SPEAKER: I also wish to inform the House that 2022 diaries and calendars are now ready for collection. Public Relations officers will be stationed at the Member’s Dining Room from 1430 hours to 1630 hours.
APOLOGIES RECEIVED FROM MINISTERS
THE HON. SPEAKER: I want to inform the House that I have received apologies from 18 Cabinet Ministers and I have had some conversation with the Leader of Government Business. He has explained that a high number of Members of the Executive are not here. I will not disaggregate who is where but there is a team in Victoria Falls on the Botswana–Zimbabwe Commission signing ceremonies there. A number is in Dubai Expo promoting our trade, not only with Dubai but with those that are exhibiting there. Then there is a team that is in Geneva, Switzerland led by Hon. Mhona. Basically, they are all on national service. The Deputy Ministers are here. I think there is one or two who are still outstanding but they are here. They should be able to answer some of our questions.
The apologies therefore are as follows;
Hon. Dr. C.D.G.N. Chiwenga, Vice President and Minister of Health and Child Care;
Hon. Dr. E. Ndlovu, Minister of Primary and Secondary Education;
Hon. M. Mutsvangwa, Minister of Information and Broadcasting Services;
Hon. O.C.Z. Muchinguri-Kashiri, Minister of Defence and War Veterans;
Hon. Prof. P. Mavima, Minister of Public Service, Labour and Social Welfare;
Hon. Dr. Masuka, Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement;
Hon. F. Mhona, Minister of Transport and Infrastructural Development;
Hon. J. Moyo, Minister of Local Government and Public Works;
Hon. W. Chitando, Minister of Mines and Mining Development;
Hon. Dr. S. Kanhutu-Nzenza, Minister of Industry and Commerce;
Hon. Prof. A. Murwira, Minister of Higher and Tertiary Education, Innovation, Science and Technology Development;
Hon. Amb. Dr. F. Shava, Minister of Foreign Affairs and International Trade;
Hon. D. Garwe, Minister of National Housing and Social Amenities;
Hon. M. Chombo, Deputy Minister of Local Government and Public Works;
Hon. V. Haritatos, Deputy Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement;
Hon. D. Karoro, Deputy Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement; and
Hon. K. Kazembe, Minister of Home Affairs and Cultural Heritage.
HON. T. MLISWA: I have a point of order Mr. Speaker Sir. A very good afternoon Mr. Speaker Sir. I appreciate your engagement with the Leader of Government Business pertaining to the Ministers who are away on duty but you were not specific which Minister is where. It is important for us to get that information so that we see whether the Deputy Minister is there or not. Some of the Ministers that you mentioned are always absent, so I do not know which other information he will give you to try and exonerate them. To be honest with you, the Leader of Government Business knows very well that most of the Ministers that you read out are never there and we wonder where they are always. Is there proof that they are in Botswana or Geneva. We need to be honest, candid and understand that the portfolios that they hold are critical. For example, Agriculture the Minister and the two Deputy Ministers are not there. This is agriculture season, so how then do you answer us in terms of agriculture, which is critical in terms of our economic turnaround? There is a Minister and two deputies and they are still not there. It only shows that they have never diarised Wednesday as a very important day. So it will also be important for the purpose of honesty to see whether those Ministers who are away have also sent their Deputy Ministers and we know that we mean serious business. What ends up happening Mr. Speaker Sir, the Leader of Government Business, would be inundated with questions which at times he is not clear, for example health, and agriculture. At times he ends up saying things which are not from informed position because he is not good in that area.
We come to Parliament, they have not been serious and they keep not being serious. The Executive has made so many decisions outside Parliament which are subject to scrutiny by Parliament but we cannot do it when they are not there. For me, we need to be honest. Are the Deputy Ministers there Mr. Speaker Sir? It is for us to know. If Hon. Muchinguri-Kashiri is not there, is the Deputy Minister there? If she has no Deputy Minister, we understand. Some of them became provincial chairpersons. My own young brother, Hon. M. Ndlovu used to attend and now he is a provincial chairman, he is not attending. That is party business but we need him to answer questions. He is a very competent person. Hon. Garwe, Minister of National Housing and Social Amenities is a provincial chairperson.
THE HON. SPEAKER: Hon. Mliswa, I think you have made your point very forcefully and we take it on board. As far as the reasons why the Hon. Ministers have tendered their leave of absence, I think the Standing Orders are very silent on that. The Standing Orders which you approved after amendment last year, simply say they ask for leave of absence. The Standing Orders do not require the giving of reasons at all. As a way of improving, I have seen some of the Ministers in Dubai. I can vouch for that if you were following your TV sessions. They are definitely out there.
As for Hon. Haritatos, the other Deputy Minister is not well. He is indisposed. There are several Deputy Ministers who are here. Indeed, it is just a coincidence for this particular Wednesday. I am aware of the Minister in Victoria Falls, I am aware of the Ministers in Dubai and I am aware of the Ministers in Geneva. As far as the Chair is concerned, I am satisfied that they are being absent on national duty.
(V)HON. T. MLISWA: Mr. Speaker, I stand guided, I just wish we can amend the Standing Orders so they can be held accountable.
THE HON. SPEAKER: Hon. Mliswa, you are online, I am going to indulge you. I do not know whether I should say my son but we have Deputy Ministers here. We have Hon. Paradza, Information, Publicity and Broadcasting Services. We have Hon. Phuti, Information Communication Technology and Courier Services. We have Hon. Moyo, Primary and Secondary Education. We have Hon. Matuke, Public Service, Labour and Social Welfare. We have Hon. Maboyi, Home Affairs and Cultural Heritage. We have Hon. Mudyiwa, Energy and Power Development. So the substantive Ministers of Cabinet are fairly covered by their Deputy Ministers; those that are not there. Just to give you a more comprehensive report, Hon. Mliswa.
(V)HON. T. MLISWA: Thank you Mr. Speaker and I must commend those Deputy Ministers. They are always there. Hon. Maboyi, Hon. Phuti, Hon. Mudyiwa, they are always here. So they are actually doing a good job whether their Ministers are there, they are always there, which is good.
THE HON. SPEAKER: I am going to promote you to be the deputy headmaster – [Laughter.] –
ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE
HON. DR. MURIRE: Thank you Mr. Speaker Sir. My question is directed to the Minister of Lands, Agriculture, Water, Fisheries, Climate and Rural Resettlement. Is there any Government programme with regards to the de-siltation of Save River, which is threatening irrigation schemes that are alongside the river? The irrigation schemes include Musikavanhu irrigation in Chipinge, Chibuwe irrigation and Mutenga irrigation schemes. I thank you Mr. Speaker.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. Speaker Sir. I want to thank the Hon. Member for that question. I can confirm that there was a Cabinet decision some two/three years back to ensure that the river is rehabilitated, including allowing certain individuals and companies to mine within that river and undertake rehabilitation exercises. What I am not very specific about is the progress as regards how far that rehabilitation process has gone. So, if the Hon. Member can put the question in writing so that the Minister can respond to the specific aspect of how far we have gone to ensure that the policy decision to rehabilitate the riverbeds has been undertaken. I thank you.
HON. RTD, BRIG. GEN. MAYIHLOME: Thank you Mr. Speaker Sir. My question is directed to the Minister of Transport and Infrastructural Development. What is the criterion for surfacing primary roads and roads to resort areas in the country seeing that some districts are not getting resurfacing of roads yet others are having many roads being resurfaced? I thank you Mr. Speaker Sir.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. Speaker Sir. I want to thank the Hon. Member for the question. I will respond to this question in two parts. Firstly, we have the Emergency Road Rehabilitation Programme where local authorities are being asked to identify roads to be rehabilitated within the first phase and then we go to the second phase. Secondly, local authorities are given devolution funds and they have been directed to also buy graders so that they can rehabilitate roads on their own. So, it is an exercise that is not only being undertaken by central Government but local authorities are also involved in ensuring that they identify the roads that they are supposed to re-do under the devolution funds. I thank you.
HON. RTD. BRIG.GEN. MAYIHLOME: Thank you Mr. Speaker Sir. The question’s mantra is that no place or no person should be left behind as we march towards Vision 2030. You note that some provinces have achieved mileage on resurfacing of roads and yet others are achieving major or significant mileage. So with this unbalanced kind of development, how are we going to have everybody get to Vision 2030 at the same level? I thank you Mr. Speaker Sir.
Hon. Members having wanted to raise supplementary questions.
THE HON. SPEAKER: Order! I have not yet responded. Hon. Mayihlome, the moment you speak of some and you do not mention them, it becomes very difficult for the Hon. Minister to respond accordingly. Such supplementary questions are better tackled when they are in writing, unless the Leader of Government Business can indulge you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Firstly, I want to thank you for your intervention which is very correct that the question did not specify which particular province. Secondly, I urge Hon. Members to consult their local authorities and come here with specific provinces where they are alleging that devolution funds were not released and then we can be able to deal with that. Insofar as we are concerned, Treasury released funds to all provinces and all local authorities were requested to adjudicate and identify priority roads first. If the Hon. Member can identify the specific province which has been left behind where the Hon. Minister of Finance and Economic Development did not disburse funds, then he will be able to interrogate and explain why that province has been left behind. I thank you.
HON. RTD. BRIG. GEN. MAYIHLOME: Thank you Mr. Speaker. I will put the question in writing but I am talking of Matabeleland South and Umzingwane District in particular, it has been left out. Thank you very much.
HON. ZIYAMBI: My request is if he is very sure of what he is saying, he should put it on record so that we can forward it to the Ministry of Local Government as well as the Ministry of Finance and Economic Development to investigate why devolution funds were not disbursed. With your indulgence, the Minister of Finance and Economic Development is here, he can answer that because insofar as we are concerned, all provinces were treated equally by Government.
THE HON. SPEAKER: The Hon. Minister of Finance, could you assist.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Thank you Mr. Speaker Sir. I thank the Hon. Member for that very important question which seeks to achieve our priorities as a nation; that of equitable development across all provinces. We, as Government, have also noticed that there is inequity. That is why we came up with this devolution agenda and it is a push and pull process in terms of implementation. It is our expectation that the local authorities, working with the Members of Parliament and whoever is relevant at that local level, identify projects including roads, be it schools and so forth but the focus is on infrastructure development. Then upon identifying such projects and going through the relevant processes through local government, we have a submission to Treasury for funding but we have noticed that there is differential capacity across provinces and districts. We feel there is need for perhaps training in the area of project preparation; there is a huge gap in the area of project preparation.
The Hon. Member raised the issue of Umzingwane specifically but I think the issue is much wider and we have noticed this gap. There is need for capacity building and also need for better working relationship between MPs and leaders of local authorities. We have noticed that there is a gap, you find that the leader of local authority, the executive is fully aware of the funding that has come through and directing it but a Member of Parliament is not aware at all, I have seen that.
Mr. Speaker, it is only those local authorities or provinces that have progressed well that have really benefited from a better coordination between the relevant entities. So, I urge my Hon. Member, perhaps we can all work together and see how we can facilitate coordination on project identification and capacity building in their relevant area.
HON. RTD. BRIG. GEN. MAYIHLOME: As a follow up Mr. Speaker, I think there is a problem. The Hon. Ministers are talking about rehabilitation, I am talking about resurfacing of roads in other words putting tarred roads. Umzingwane has had a lot of roads graded, that is not a problem but we are talking of resurfacing or surfacing of roads. We have roads that go to urban centres and resource centres. They are all gravel and they deteriorate every three months even after grading. That is the question I am asking.
THE HON. SPEAKER: Let us put things under perspective. Hon. Members, in terms of the Rural District Councils Act, you are allowed to attend district council meetings where you are supposed to receive such information and be the couriers of making sure that you approach the Hon. Minister. You do not have to wait for Parliament on Wednesday but you go to his office and indicate that there is some anomaly here and as the Hon. Minister has indicated, there is a question also of capacity in some of these local authorities. I encourage you to read the Auditor General’s Report under local authorities. You will then discover that there are so many inadequacies including usage or presenting of projects under the devolution funds. So, I am asking you to attend these meetings and give guidance accordingly and bring whatever you find some measure of inequity straight to the Minister without waiting for Wednesday Question Time.
(V)HON. MASHONGANYIKA: My question is directed to the Leader of the House, what is Government policy regarding the rehabilitation of boreholes in Government hospitals?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: I want to thank the Hon. Member for the question. Hon. Speaker Sir, our policy is that across the board when boreholes break down, we must repair them because water is a right to everyone, especially those that are in hospitals, they are in greater need of water. We have a policy to ensure that if the borehole is under the Rural District Councils, they should repair. If they are under DDF or the Ministry of Water, they should also repair. So I am not sure what specifically the Hon. Member is making reference to.
HON. S. NDLOVU: My question is directed to the Minister of Energy and Power Development. What is Government policy on electrification of the new suburbs in urban areas?
THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): Thank you Mr. Speaker Sir. Let me also thank the Hon. Member for asking the question. The policy of Government is that all new suburbs must be electrified and that is the policy of Government. I thank you.
HON. S. NDLOVU: When is ZESA going to work on electrification of Hlalani Khule Housing Unit in Caledon Park, Bulawayo considering that the area has been in existence for a long time?
THE HON. SPEAKER: That is a specific project. Ask that question in writing next week and the Hon. Minister will respond accordingly.
HON. MARKHAM: When the Minister talks of suburbs, does he include the informal settlements, some of which have been in existence for about 20 years? What is the policy of Government for electrifying that? I thank you.
HON. SODA: Mr. Speaker Sir, we are not mandated to electrify informal settlements. We do not want to waste public resources to electrify settlements that are not regularised. However, where there is regularisation, we do electrification.
HON. MARKHAM: Thank you Mr. Speaker Sir. Recently, the Government has been mentioning the regularisation or the giving up of titles to a lot of informal sectors. I would want to know what Government policy is in the formalisation of this because this is close to my heart. I thank you.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): The Government, through the Ministries of Local Government and that of Higher Education, Science and Technology, Innovation undertook an exercise to ensure that they re-plan and regularise certain settlements, for instance Caledonia, Harare South with a view of ensuring that the house holders get title deeds. This is a process that is on-going. Once it is completed, the relevant individuals will be notified of the processes that they need to do to get the title deeds.
HON. MARKHAM: Could the Hon. Minister confirm that there is the capacity to issue a number of title deeds that will be required for these house holders because there is a substantial number. I thank you.
HON. ZIYAMBI: The Government is undertaking this project fully aware of what is required of it and the number of households that we need to issue with title deeds. So yes, indeed we are up to it and we believe that, that is the only route that is just and equitable that can be done by Government.
HON. NDUNA: I just want the Hon. Minister to confirm whether this is going to be nationally undertaken as I come from a constituency that seriously needs title deeds.
HON. ZIYAMBI: Thank you Mr. Speaker. I want to thank the Hon. Member and indicate that Government is looking at case by case and merits, so I would not want to say it is nationally to encourage people to go and build where they have not been allocated but Government is going to look at each individual case according to its merit and do the planning accordingly and issue title deeds. So, it is not a call for people to go and invade open spaces but to say that those that have been in certain areas - for instance Glen View. Some of them were settled there in 1979 during the Muzorewa era and they do not have title deeds up to now. This is an exercise to ensure that we regularise and ensure that all those people who occupy houses have title to the piece of land that belongs to them. I thank you.
THE HON. SPEAKER: Thank you. Before I step down, I want it on record that the Deputy Minister of Mines, Hon. Kambarami and the Deputy Minister of Foreign Affairs, Hon. Musabayana have joined us. May I appeal to you Hon. Deputy Ministers that the substantive Ministers have asked for leave of absence, so you are expected to be in the House not later than five minutes past two o’clock p.m. so that you can take over the responsibilities of answering questions on behalf of the substantive ministers. Please make sure that you are on time at five minutes past two o’clock p.m. Thank you very much, nonetheless.
*HON. NYABANI: Thank you Mr. Speaker Sir. We know that vocational training centres were responsible for training young people –what is Government planning to do regarding training of young people so that they stay off the streets? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker. I would like to thank the Hon. Member for such a pertinent question. The Ministry of Youth, Sport, Arts and Recreation has a number of vocational training centres around the country. What happened is that when the COVID-19 era started, a lot of activities were disturbed but because of the current developments, we hope that vocational training centres are going to continue with their job of training young people and empowering them with skills. I thank you.
*HON. NYABANI: Thank you Hon. Minister for clarifying that such vocational training centres still exist. Are you aware that some training centres like Mazowe Bridge have not been operating for a long time? Is there any funding towards vocational training centres since COVID-19 situation is improving because young people do not have anything to do and they are not empowered with requisite skills? I thank you.
*HON. ZIYAMBI: Thank you Madam Speaker and I would like to thank the Hon. Member for his supplementary question. Government is committed to the empowerment of such vocational training centres so that they continue operating. However, if there is any vocational training centre which is not operational, may the Hon. Member engage the Minister of Youth, Sport, Arts and Recreation so that the Ministry can investigate why the vocational training centre is not operational. Government policy is that such training centres should continue empowering young people with skills. I thank you.
HON. NDUNA: Thank you Madam Speaker. My question is directed to the Minister of Finance and Economic Development. In so far as it relates to the level of pensions for the pensioners, it was reported last year in 2021, that by December of last year, the pensions would have reached a level of US$65.00 to US$80.00 monthly for pensioners. Have we reached that threshold and if not, is there a likelihood that we will reach that threshold for our pensions?
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Thank you very much Madam Speaker Ma’am and thank you Hon. Nduna for this very important question regarding the pension issue. In the last month, I have given concurrence as Head of Treasury for the Ministry of Public Service, Labour and Social Welfare to increase the pensions for those receiving pensions under NSSA. Secondly, we have also begun the process of compensating those who lost their pensions due to the currency reforms of February 2019. We are about to conclude the framework for the compensation of pensioners who lost their pensions during the currency reforms of 2008 to 2009. So we have a programme to improve the level of pension in the country and compensate those who lost their pensions. I can assure the Hon. Member of Parliament that this is something that we are focused on and we seek to make sure that our pensioners are looked after. I thank you.
HON. NDUNA: Thank you Madam Speaker Ma’am. Is it possible to furnish this House with some timelines on when you think we would have reached that threshold and also if you are going to apply that threshold in retrospect maybe up to September last year so that our pensioners might enjoy a little bit of that money before natural attrition takes root?.
HON. PROF. M. NCUBE: Thank you Madam Speaker Ma’am. I thank the Hon. Member for the supplementary question. Certainly, it is Government’s desire to reach the threshold and go beyond that threshold, but of course I cannot give a timeline. It is a function of resources at hand. If you take institutions like NSSA for example, we have to look at the actuarial structure of the institution before we commit to any increases. We want to make sure that the institution remains solvent. The same applies to the Government Pension Fund which we introduced a couple of years ago. That also needs to be subjected to the actuarial valuation to make sure that we can afford to get to the target quickly enough. It is our intention to get there.
In terms of the second question of backdating, we are not likely to do that but of course, we always stand ready to assist our pensioners as much as possible. However, it is unlikely that a decision will be made to backdate the pension.
HON. DUTIRO: My supplementary question is about the insurance inquiry which was done, when is the Ministry of Finance and Economic Development going to implement the recommendations of that inquiry?
HON. PROF. M. NCUBE: Maybe a bit of clarification Madam Speaker. The Hon. Member talked about an insurance inquiry; I am assuming that maybe he is referring to the Smith Commission Inquiry on Pensions. I tried to deal with this and I was not specific so as to mention the Smith Commission but let me do that now. We are working on a framework for compensating pensioners for the loss in 2008/09 when there was a change of currency mainly to the US$. That framework requires some very deep thought and analysis and that is what we have been doing. We are going to make sure private companies, insurers as well as Government and other contributors that we can marshal around come to the party to create a fund that we can make use of in compensating the pensioners.
We are very close to concluding that framework and I am hopeful that in the next couple of months I will be able to announce the conclusion of that framework and we will begin the process of compensating pensioners. We are very serious about this issue and we have already started compensating pensioners on the back of the 2019 reforms. I can assure the Hon. Member that he should watch this space and we will perform.
(V)HON. CHINYANGANYA: My question is directed to the Minister of Local Government and in his absence, to the Leader of Government Business. What is Government policy concerning the sale of communal lands?
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Communal land is vested in the President and is not up for sale. I thank you.
(V)HON. CHINYANGANYA: What is Government doing to bring to book those people who are selling communal land? There is a new wave of people who are selling communal lands in areas around Seke, Goromonzi and Acturus. The reports are awash in the social media whereby people are advertising for the sale of communal lands.
HON. ZIYAMBI: If anyone is selling land, the Hon Member can urge members of the public to report them to the police so that they can be arrested.
*HON. NYATHI: The question to whom the Minister is directed is not in the House and I therefore redirect my question to the Leader of Government Business. Yesterday, the ZINARA Chairman, Mr George Manyaya indicated that in 2021, there was a disbursement of Z$9.billion to different local authorities but he also indicated that two weeks from now, there will be an allocation of Z$17bn. My question is that the funds which were disbursed last year to local authorities were not utilised and used properly, what steps is Government going to take to make sure that these monies are going to be used properly in road rehabilitation programmes in different cities and towns?
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Part of the Hon. Member’s question has already been addressed by the Minister of Finance and Economic Development who explained that some of the things which we discussed are that councils should be educated on how to use funds for capacity building. The other thing that is being done by the Minister of Transport through ZINARA is that after receiving their funds, they have to reconcile so that they monitor how the finances are being used. Also, there should be training of officers so that during the next disbursement, they will be able to utilise these funds properly knowing what is expected from them. So, this is an on-going programme which is expected from all municipal authorities after receiving these funds. I thank you.
*HON. RAIDZA: My supplementary question to the Minister is, is it not fit for ZINARA to have another department which concentrates on monitoring and evaluation of all the jobs they have done for rehabilitation to make sure that everything is being done properly? The residents who are supposed to benefit from these programmes end up not benefitting well since the job might not be done properly in the councils. Hence, I encourage that ZINARA must have a department of monitoring and evaluation.
*HON. ZIYAMBI: I want to thank Hon. Raidza for raising a pertinent question. ZINARA was built by the laws of this Parliament. The role of ZINARA was to mobilise funds for rehabilitation of roads. It is not ZINARA’s job to look for engineers and doing monitoring and evaluation. Hence, councils must be capacitated so that they can execute their jobs properly. The Ministry of Transport must have a department for monitoring and evaluation so that ZINARA can continue to mobilise funds for the rehabilitation of roads.
*HON. DUTIRO: The discussion on councils has raised a pertinent issue that the councils are not properly doing their jobs and therefore there must be provincial councillors who must work with these councils to make sure that councils do their work properly. I want to ask when the provincial councils are going to start their work since the councils are not executing their roles properly.
*HON. ZIYAMBI: His first question is on provincial councillors helping councils to execute their work but if the provincial councillors sit in council, they would be like Members of Parliament because their vote is at the provincial council, which is going to be given money by the Ministry of Finance so that they can carry out devolution programmes in provinces. Right now, the Minister is directing funds to the rural district councils so that the devolution programmes can go on in the absence of provincial councils. We started by amending our Constitution so that we can come up with a Bill which enables the provincial councils to execute their work. Since we have managed to pass the Constitution Amendment (No. 2), we will be able to come up with the Bill and pass the Bill so that the provincial council will be able to work.
*(V)HON. SARUWAKA: From the concerns which were raised by Hon. R. Nyathi to which the Minister responded saying they will be training officers, the question is, do they train them or they are supposed to prosecute them? Is it the right way to train people instead of prosecuting them after stealing money? Thank you.
*HON. ZIYAMBI: Hon. Nyathi did not say that councils are stealing any money but in English, there is a word which says acquittal. If there are no concerns and at times there might not be any pilfering of money but there will not be a proper reconciliation, then there is no need for prosecuting people if there is no crime. When a crime is committed and when people have stolen money, then legal action is taken. I did not say that steps should not be taken but if a crime is committed there should be prosecution. I thank you.
*HON. RAIDZA: Thank you Madam Speaker Ma’am, my question is directed to the Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement. What is Government policy regarding the selling of grain at the Grain Marketing Board (GMB)? People want to buy grain from the GMB but the GMB is saying that they have not been given permission to sell grain. I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker Ma’am. The Hon. Member’s question was not very clear because grain, particularly last year, was abundant. There was a bountiful harvest through the expertise that was given to our farmers by Agricultural Extension Workers and the prices for grain were increased at the beginning of the season.
Then we noted that there were some people lying to Members of Parliament that they were facing hunger. Where there is poverty, our Ministry of Public Service, Labour and Social Welfare has a lot of officers on the ground to give information to the Minister. Our Ministry is prepared and there is a lot of grain in different rural areas. Those who want to buy excess mealie meal should buy from the shops. I thank you.
*HON. RAIDZA: Thank you Madam Speaker Ma’am. We have heard the Hon. Minister’s response but my plea is to implore Government to look into the issue and consider looking at the vulnerable people who are in rural areas. The cost of a 10kg bag of mealie meal is around USD$7.00 which is a lot of money for the poor. Is it not possible for the Government to come up with an alternative programme? For example, intervening once or twice considering that there are some unscrupulous individuals who bring such information.
I believe the Government should intervene by assisting the vulnerable groups with 50kgs bags of maize. I thank you.
*HON. ZIYAMBI: Thank you Madam Speaker Ma’am. I would like to thank the Hon. Member for his pertinent supplementary question.
Madam Speaker Ma’am, we have Government workers who are Social Welfare Officers in every district. We also have Agriculture Extension Officers who give us feedback about the situation on the ground. The Social Welfare Department is there to assist those who are desperate, even after receiving a bountiful harvest, there are some vulnerable groups. My plea is for the Hon. Member to go and engage Social Welfare Officers in his constituency so that the vulnerable groups can receive support from the Social Welfare Department.
We cannot approach the Grain Marketing Board and say some people want to buy 50kgs of maize. So let the Hon. Member approach the Social Welfare Department so that they give us this information. This is the reason why His Excellency the President said that we should come up with the Zadza Matura Programme to stock our grain reserves in case of such emergency situations. As for selling 50kgs of mealie meal, no, the Grain Marketing Board cannot do that.
*HON. NYABANI: Thank you Madam Speaker Ma’am. The Hon. Minister mentioned that the vulnerable groups should approach the Social Welfare Department. My supplementary question is what plans are there to assist the elderly who live with disabilities, the critically and terminally ill and those with chronic illnesses who do not have food and money to buy food? What is the Government planning to do about those vulnerable people? I thank you.
*HON. ZIYAMBI: Thank you Madam Speaker Ma’am. When I responded to the previous question, I mentioned that this is directed to vulnerable groups and these are the same people that the Hon. Member is asking about. I also mentioned that we have the Maguta Programme and that these vulnerable groups would continue receiving aid from the Social Welfare Department and Government. We are aware of the fact that they are incapacitated and are unable to work on their own.
I would like to urge the Hon. Member to engage the Social Welfare Department in his constituency. If they do not agree to help him and his concerns are not addressed, then the Hon. Member is free to engage the Minister of Public Service, Labour and Social Welfare, Hon. Prof. Mavima on the matter. I thank you.
(V)*HON. KASHIRI: Thank you Madam Speaker Ma’am. My question is directed to the Hon. Leader of the House. We have some groups that do not fit into the vulnerable groups like the youths who do not have resources. What is the Government planning to do about these young people? I thank you.
*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker. When I responded to the previous question, I mentioned that this is directed to vulnerable groups. Concerning the vulnerable people that the Hon. Member is talking about, I mentioned that Government has a programme called Maguta and these vulnerable groups will continue to receive aid from the Social Welfare Department and from Government because we are aware that they are incapacitated. They are not able to work on their own, so I would like to urge the Hon. Member to go and engage the Social Welfare in his constituency. If they do not agree and his concerns are not answered, then the Hon. Member is free to go and engage the Minister of Public Service, Labour and Social Welfare, Hon. Prof. Mavima so that the concerns are addressed.
(V) *HON. KASHIRI: Thank you Madam Speaker. My follow up question is directed to the Leader of the House. We have some groups who do not fit into the vulnerable groups like the young people and youths who do not have resources. What is Government planning to do about these people?
*HON. ZIYAMBI: Thank you Madam Speaker. The network is bad, however I heard that there are youths who are fitter than I am who are failing to feed themselves. His Excellency the President introduced Pfumvudza so much that even if you do not have a plough and oxen, you will be able to farm and harvest. The Government does not have plans in place to feed the able-bodied people who are not ill. If however we experience drought as a country, then the Government would intervene. Young people can engage their Ministry so that they are assisted instead of just looking forward to be fed by the Government as this is only for vulnerable groups.
(V)*HON. KASHIRI: The Hon. Minister misinterpreted my question. My question is - for young people who do not have anywhere to farm but who have their own families and have no land, what can be done about those people?
*THE HON. DEPUTY SPEAKER: Hon. Minister, can you please answer the question. The Hon. Member is saying that the youths are fit and are married but do not have land, how can they be assisted?
*HON. ZIYAMBI: Thank you Madam Speaker. Land cannot be stretched, we need to know that we started the land reform, yes but for us to expect that we are going to give land to everyone over the age of 18 and the married ones, it is not possible. My answer is that we have a Ministry of Youths, not every person is a farmer but they can go and train in vocational training centres for those who are not working. The Ministry of Youth and Ministry of Women’s Affairs are helping by empowering women and youths. There is Empower Bank which was established by the Minister of Finance and Economic Planning; there are a lot of income-generating projects which can be done because not everyone can own a farm. Zimbabwe has a boundary and we cannot go outside that boundary giving people land. Young people can engage in different income generating programmes so that they can be empowered. I thank you.
*HON. TEKESHE: I thank you Madam Speaker. My question is directed to the Minister of Energy. I would like to know because every person who uses electricity is taxed by REA. The quotations that are given to rural people are so exorbitant. The surprising thing is that the quotations that are given to the rural population are higher than that of urban areas. What is the REA fund meant for if it is not assisting the rural people?
*THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. SODA): Thank you Madam Speaker, I also thank the Hon. Member for the question. There is a 6% tax which goes to REA as money for the Rural Electrification Programme for the rural people. Besides that money, there is an allocation of a fund which goes through this House in the National Budget which is allocated to the Ministry of Energy and which will cascade down to REA. Let me explain by saying that the Rural Electrification project and the different programmes that are done by REA, as a Ministry, we do not allocate jobs but every province in different areas comes up with a project having looked at the needs for electricity through public institutions like hospitals and schools in different outlying areas. These are the only institutions which are funded by the 6% and the connection of electricity is for free in such institutions in different provinces. There are individuals who request for connection of electricity in rural areas. Government policy is that for individuals who want to connect electricity after a quotation of the necessary materials, an individual should pay a 60% fee towards the completion of the project then Government will put 40% in that project in rural areas. If individuals want it to be lighter for them, they are required to come up with a data base of people who want to have electricity and this makes that lighter. Government would then contribute a small percentage.
*HON. TEKESHE: Thank you Madam Speaker Ma’am. I would like to thank the Hon. Minister for his response but there is no coherence when we look at the situation on the ground. We are saying that coming up with different groups is supposed to lighten the burden. For example in Rusape, a quotation was taken and the REA quotation was double the amount on the ZESA quotation.
*HON. SODA: Thank you Madam Speaker Ma’am. I would like to thank the Hon. Member for his supplementary question. My request is that the Hon. Member should put it in writing explaining the situation on the ground. The Government policy is the one I explained. Thank you.
*HON. MPARIWA: Thank you Madam Speaker. I would like to thank the Hon. Minister for the response. Regarding the situation in the rural areas, this is not the first time we are getting such questions that there is need for connection of electricity in rural areas. Can the Hon. Minister explain to the House, chronicling different projects that were done from 2021 to 2022? When you go to growth points and rural schools, there is no connection and there is no electricity. The question then is, people would ask that REA has money but how come people are not connected. This prompts people to ask questions saying, can this issue be taken to the Auditor General? People are dying in hospitals and some are not receiving attention due to electricity challenges. Thank you.
*THE HON. DEPUTY SPEAKER: There is a request Hon. Minister for a Ministerial Statement regarding what was said by Hon. Mpariwa.
*HON. SODA: Thank you Madam Speaker Ma’am. We will bring a Ministerial Statement so that we explain the situation. Let me clarify that the tax is the same with electricity tariffs. The distribution of this money clarifies the amount that is given to REA and the amounts given to ZESA. We are going to explain that in the Ministerial Statement. However, it must be clear that REA is found in rural provinces, excluding metropolitan provinces. I thank you.
HON. NDEBELE: I may have missed it but I believe the Minister is going to bring a Ministerial Statement. In that statement, could he kindly spell out the steps that he is taking to make the process of just electrifying, for example a single rural homestead to be simple because the process at the moment is very cumbersome. Rural dwellers are expected to complete four or five sets of forms and sometimes they are asked to provide certain equipment themselves which then goes to ZESA for testing and certification, equipment such as transformers. So, could he in that statement, include a paragraph on what he is doing to ease the process of electrifying rural homesteads. It is so cumbersome and I believe that is what is adding to the very fact that even up to now so many years after independence, only 10% of our villages are electrified. Thank you.
HON. H. MGUNI: Thank you Madam Speaker Ma’am. My question is directed to the Minister of Home Affairs and Cultural Heritage. If I am not mistaken, about two weeks ago, an item came up from the social media saying all the land borders are open now but to date, the borders are still not open. I would like to know why they are still not open when the statement came out.
THE DEPUTY MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. MAVHUNGA-MABOYI): Thank you Madam Speaker Ma’am. Thank you Hon. Mguni for the question. People are asking why they are not given authority to cross the borders. The borders are said to be open but not to the public. They are open for business. We are going to be given time and it will be announced when the borders are open to the public. Thank you.
HON. CHIKWAMA: Thank you Madam Speaker. My question is directed to the Minister of Finance and Economic Development. Do you have any mechanism or plan which reduces black market exchange rate? Most shops in rural areas are using the black market rate on their pricing. As a result, the prices are very high and cannot be afforded by the rural people. Thank you.
THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT (HON. PROF. M. NCUBE): Thank you Hon. Member for that very important question. The issue of the value of our currency is important and as a Government, we have tackled through a package of measures. The first order of business is through fiscal discipline, which tries to ensure that we do not end up printing money to support an excessively large budgetary deficit. We have been much disciplined in that and we thank this august House for supporting us in that fiscal discipline agenda. When it comes to the Central Bank, because there must be coordination between fiscal and monetary policies - Central Bank has put in place a framework where they target the quantity of money in the economy. Currently, we get about 10% per quarter, which has just been reduced to 7½% growth per quarter. That is very important. They also mop up excess liquidity within the banking sector, through what we call the Statutory Reserves Requirement Programme, where they mop up liquidity and make sure it is not over-linked for currency speculation.
Coming specifically to the use of the domestic currency, we have announced policies in the last couple of weeks both on the fiscal and monetary front for promoting the use of the domestic currency. For that, we have basically said that from now on, you only need to pay up to 50% in hard currency and the rest is in domestic currency. Companies have been given a similar leeway when it comes to payment of corporate tax. We are accepting a portion in domestic currency to promote the use and demand for our own domestic currency.
Now, coming to those who are breaking laws and not pricing their goods at the auction rate, we have a Financial Intelligence Unit. If they are stretched, we are supporting them in hiring more personnel so that they can get to those rural areas where the Hon. Member mentioned to enforce the law in terms of compliance. You will see in the last few weeks, a few people and a few companies being mentioned in the media that have been fined for using the black market rate in the pricing of their goods. This is hurting our ordinary citizens. As Government, we are aware of this. We deployed – we do not condone it and we are enforcing the law to make sure that they comply. We believe that all these measures put together with the administrative, economic and so forth, this package will go a long way in strengthening our currency.
I want to be clear, we are not US dollarising. We will not US dollarise. US dollarisation is a very bad idea. The reason why our industry is performing well, the utilisation is up there, the house of souvenirs is because we have a domestic currency. It has made our economy to be competitive; we cannot use the US dollar as a sole currency. That will be a very bad idea indeed. I thank you.
THE HON. DEPUTY SPEAKER: Order, for the benefit of those who are on virtual, we have been joined by the Minister of Women’s Affairs, Community, Small and Medium Enterprises Development. Thank you.
(V)*HON. C. MOYO: Thank you Madam Speaker Ma’am. If these measures are easily implemented, why is it that there is a huge gap between the Black market rate and inter-bank rate? This gap affects the ordinary citizens Madam Speaker.
HON. PROF. M. NCUBE: The gap between the official auction rate and the parallel rate is very huge. We also realised it has widened, what is more important is that it must stay stable. That is the most critical thing. What we do not like is for it to bounce around but if it is stable; if it narrows, it is even better. If it remains stable that will enable us to control inflation. Why does it exist? It is for speculative reasons. Economic agents always want to take advantage in terms of arbitrary opportunity between the two markets. They will get cheap money from the auction, then go and sell in the parallel market, deals, fuel market and so forth. We are aware of these shenanigans and we have been arresting people for that. They come back and keep round tripping like that. We are aware of this and we are dealing with it in terms of law enforcement but the gap exists because of those arbitrary opportunities. We are also aware that certain agents have also hands over issues in terms of having used only hard currency in the past, so they find it hard to completely migrate to use the Zimbabwe dollar without having to double back into the US dollar. That process of the dual role of the two currencies ends up creating a gap, which we are busy trying to deal with. I thank you.
* HON. NYABANI: Thank you Madam Speaker Ma’am. Hon. Minister, the official rate, we are talking about is in Harare; in rural areas they never access money at interbank rate. Our economy is largely informal and that is where most people buy and for them to access forex using the official rate is difficult. If it was possible, we would request you to come and talk to this august House so that the informal sector can also access the foreign currency at bank rate, especially in the rural areas. Even those who are getting salaries, they are unable to buy using that bank rate. They also want to access goods and services using the local currency but looking at the money available, it can only purchase a few things. What can we do?
HON. PROF. M. NCUBE: I would like to thank the Hon. Member for that intervention and the passion he is showing to our citizens, some in rural areas. We do not have a programme for giving special exchange rate to a specific individual or group of people, region or areas. We do not operate like that. As Government, we have policies that try to establish a universal way, if it is through the auction that is what it is. Then we expect citizens or economic agents to comply. It is clear, not all of them are complying that is why they end up being in the parallel market.
We are aware of this challenge. We are also aware that it is hurting our most vulnerable. So what we try to do of course is to support the vulnerable through different means, not just through the exchange rate. The interesting thing is like this, if you look at the parallel market, the quantum of foreign currency going through that market is actually smaller than the money that is going through the auction and also going through the interbank. In fact, if you take the auction and interbank together, it is over $4 billion; the parallel market in terms of our calculations is about $1 billion. So it is only a quarter of the formal market and yet it ends up driving prices, that is the irony of it but we are aware of this challenge. We cannot then come up with a special exchange rate to support our rural people. We have to use other means to cushion them against high prices but make every effort to make sure that the Zimbabwe dollar remains strong, less volatile so that it can become strong. I thank you.
Questions Without Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order No. 68.
(V)HON. JOSIAH SITHOLE: On a point of order Madam Speaker, may the question time be extended by twenty minutes.
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMB) I object, I propose ten minutes.
Motion put and agreed to.
(V)*HON. CHINOTIMBA: My question is directed to the Minister of Finance and Economic Development. For the past five minutes, we have been asking about the parallel market and you have told us what you have been doing. Are you afraid of putting a law to deal with people who are into this illegal market? You have not put any legislation to curb the parallel market. When are you going to come up with such legislation? I thank you.
HON. PROF. M. NCUBE: Thank you very much Madam Speaker. The Hon. Member, perhaps if he has been following the media and certain information that is dotted around, would realise that we have been arresting people for trading on the parallel market. We have been fining companies, we have capacitated the Financial Intelligence Unit, we even passed S.I.127 which I know some Hon. Members welcomed in this House and some did not, I do not know why. So we have done a lot in terms of dealing and fighting this parallel market. It should be understood that the existence of the parallel market is also a feature of the reforms that we have been implementing and basically trying to get citizens out of the overhang of a pure US dollar economy. It takes time and citizens are still feeling the pain from the introduction of the US dollar. They lost quite a bit of money and it just takes time for them to transition into realising that the Zimbabwe dollar is here and it is here to stay, that it is our currency and we need the currency and it is helpful to us. I think that every Member should realise that we have done a lot indeed in dealing with this parallel market and we continue to do so.
(V)HON. MUDARIKWA: Madam Speaker, the national challenge is why do people go to the black market to buy US dollar? There is no fuel which is being sold in local currency, why do we not have fuel in local currency because those people are getting money from RBZ in RTGs and then they sell the money in US dollars. Teachers and everybody else, you have to sell your money to buy fuel in US dollars. . Why is it that we do not have fuel available in RTGs?
The other thing is fertilizer companies are getting money from the auction system but they are selling their fertilizer in US dollars in communal lands. The issue is we must make commodities, when are we going to get essential commodities available in RTGs, that is fuel and fertilizer?
HON. PROF. M. NCUBE: Thank you very much Madam Speaker Ma’am. We have directed the Central Bank to put in place letter of credit facility to allow for fuel to be supplied in Zimbabwe dollars through NOIC and certain designated stations are supposed to sell fuel in domestic currency. This is a programme that is already in place and I am aware that there are certain service stations that are supplying fuel in Zimbabwe dollars but there are some that are also breaking the law. We are going after them, we fine them and we are suspending them from the auction.
In terms of other basic commodities, which should be available in Zimbabwe dollars, again we are aware of the plight of teachers and civil servants that he talked about. We will make every effort to make sure that we can improve their salaries but also where we think those commodities ought to be sold in Zimbabwe dollars, we will enforce that. He mentioned the example of fertilizer, we have the companies that acquire foreign currency from the auction and then they go on to sell fertilizer in US dollars in rural areas at an unaffordable prices. That is breaking the law, we will blacklist those fertilizer companies from the auction to make sure that they do not continue to reap off our own citizens in rural area
(V)HON. C. MOYO: Thank you Madam Speaker. Can we have a list of service stations nationwide which are selling fuel in RTGs so that we can then help the Hon. Minister with the service stations which are breaking the law as well?
HON. PROF. M. NCUBE: Yes there is a list, it is available from the Ministry of Energy or ZERA. It is available, I have seen it, it exists. I thank you.
(V)HON. SEREMWE: Thank you Madam Speaker, I think the Minister should consider commodities like sugar, these are being sold in US dollars. Why is sugar being sold in US dollars?
HON. PROF. M. NCUBE: Thank you Madam Speaker Ma’am. The truth of the matter is we have allowed for the use of the US dollar as a transacting currency. So shopkeepers are allowed to sell in foreign currency and not just in Zimbabwe dollars but there are cases where we have stipulated that those goods can only be sold in Zimbabwe dollar. I understand him that we should look into possibilities of doing that, if we have done it with fuel, should we then extend it to fertilizer and now I am hearing something about sugar. It is a proposal but it does not mean that we go through that route, we have heard him but my feeling is that the moment you start doing that, you start creating arbitrage opportunities. If you recall, that is what happened in the fuel market as well. We had long queues and we reduced those queues by making sure that the bulk of the fuel became DFI fuel. However, we hear the Hon. Members saying they are concerned that that kind of proposal will lead to arbitrage opportunities and then the sugar will start running out from the shelves or some other nasty things might happen in terms of that commodity. I thank you.
HON. MUSHORIWA: On a point of order! We have since November, 2021 submitted Questions With Notice to the Journals Office. Unfortunately, the questions have not been appearing on the Order Paper. Initially, we were meant to understand that it was because of the COVID-19 scourge that disturbed Parliament at the end of the year. However, we are now requesting you Hon. Speaker Ma’am, that you ensure that all questions submitted be posted on the Order Paper so that we do not have a repeat of a day like this that goes without Questions With Notice not being on the Order Paper.
THE HON. DEPUTY SPEAKER: Thank you Hon. Member. I have taken note of that and I will check with the Journals Office.
Questions Without Notice were interrupted by THE HON. DEPUTY SPEAKER in terms of Standing Order No. 68.
ANNOUNCEMENT BY THE HON. DEPUTY SPEAKER
RESUMPTOPN OF FITNESS AND WELLNESS TRAINING
The Administration of Parliament Sports Club (PSC) – “The Patriots”, would like to inform all honourable Members of Parliament that the aforesaid club has prepared a programme to conduct matches in all the ten (10) provinces throughout the year in promotion of members and staff of Parliament’s fitness and wellness.
In this regard, you are reminded to bring your training kits for the resumption of fitness and wellness training at Girls High from 0600 to 0700 hours every Monday to Thursday whenever the Houses are sitting.
Furthermore, the specific training for soccer and netball will also be taking place at Morris depot under Coaches Alois Bunjira and Walter Banga as follows:
Mondays - 1400 hrs to 1600 hrs
Tuesdays - 1130 hrs to 1300 hrs
Thursdays - 1130 hrs to 1300 hrs
The PSC would also like to remind Hon. Members and staff to pay their subscriptions. Hon. Members who wish to affiliate to the club may get in touch with Mr. Nyamuramba on extension 2143/2310 or on mobile numbers 0717 460 345/0775309209.
Our wellness, our health.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: (HON. ZIYAMBI): Thank you Hon. Speaker Maam. I move that Orders of the Day, Numbers 1 to 19 on today’s Order Paper be stood over until Order of the Day, Number 20 has been disposed of.
Motion put and agreed to.
COMMITTEE STAGE
GUARDIANSHIP OF MINORS AMENDMENT BILL [H.B.7, 2021]
Twentieth Order read: Committee Stage: Guardianship of Minors Amendment Bill [H.B.7, 2021].
House in Committee.
On Clause 1:
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Hon. Chair. I wish to make an amendment in my name as it fully appears on the Order Paper, on the “Short Title to read as Guardianship of Minors Amendment Act, 2021.” I thank you.
Amendment to Clause 1 put and agreed to.
Clause 1, as amended, put and agreed to.
Clause 2 put and agreed to.
On Clause 3;
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I propose the amendments as they appear on the Order Paper. In Clause 3 on page 2 of the Bill, delete the words “man and wife” in lines 7 and 8 and substitute with “husband and wife”. I thank you.
Amendment to Clause 3 put and agreed to.
Clause 3, as amended, put and agreed to.
Clause 4 put and agreed to.
On Clause 5;
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I propose the amendment of Section 5 (“Special provisions relating to custody of minors”) is amended—
(a) In subsection (1) by the deletion of “the mother” and the substitution of “either of the parents”;
(b) In subsection (2) and the substitution of—
“(2) Where—
(a) The parent of a minor (“the custodial parent”) has the sole custody of that minor in terms of subsection (1); and
(b) The other parent or some other person removes the minor from the custody of the custodial parent or otherwise denies the custodial parent the custody of that minor;
The custodial parent may apply to a juvenile court for an order declaring that he or she has the sole custody of that minor in terms of subsection (1) and upon such application, the juvenile court may make an order declaring that the custodial parent has the sole custody of that minor and, if necessary, directing the other parent or as the case may be, the other person to return that minor to the custody of the custodial parent.”
Amendment to Clause 5 put and agreed to.
Clause 5, as amended, put and agreed to.
House resumed.
Bill reported with amendments.
Bill referred to the Parliamentary Legal Committee.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Madam Speaker. I now move that we revert to Order of the Day, No. 1 on today’s Order Paper.
MOTION
RESTORATION OF THE MOTION ON THE REPORT OF THE PORTFOLIO COMMITTEE ON INFORMATION, MEDIA AND BROADCASTING SERVICES ON THE STATE OF MEDIA IN ZIMBABWE ON THE ORDER PAPER
HON. MOKONE: I move the motion standing in my name that the motion on the Report of the Portfolio Committee on Information, Publicity and Broadcasting Services on the state of media in Zimbabwe which was superseded by the end of the Third Session of the Ninth Parliament be restored on the Order Paper in terms of Standing Order No. 77.
HON. NGULUVHE: I second.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
HON. R. NYATHI: I move that all other Orders of the Day be stood over until Order of the Day Number 5 has been disposed of.
HON. TEKESHE: I second.
Motion put and agreed to.
MOTION
ESTABLISHMENT OF THE INSTITUTE OF CHARTERED LOSS CONTROL MANAGEMENT BILL
HON. DR. COL (RTD) MURIRE: I move the motion standing in my name that leave be granted to bring in a Private Member’s Bill to provide for the establishment of the Institute of Chartered Loss Control Management, which shall be administered as set out in this Bill; to provide for the establishment of a regulatory council and institute; and to provide for matters connected with or incidental to the foregoing.
HON. RAIDZA: I second.
HON. NDEBELE: On a point of Order; my point of order is just out of interest. Could the Hon. Dr. Murire explain why a Private Member’s Bill because when he introduced his motion, I really thought it was a soft motion. I just want maybe from the Presiding Officer’s Desk, an explanation why a Private Member’s Bill. Was there a conflict between the Hon. Member and the parent Ministry?
THE TEMPORARY SPEAKER: Hon. Ndebele, this is not the first time that we have had a Private Member’s Bill in this august House and it is the right of every Member in this august House to be able to bring in a Private Bill. So, he had to do that because it is his right to be able to do that, that is why he is doing that. Conflicts that you are talking of, you might assume things –
HON. NDEBELE: That is why I am asking a question. You are putting words in my mouth. I never went in that direction. I know it is every Member’s right to introduce a Private Member’s Bill but as you would know very well, it is the last port of call when you have knocked on a Minister’s door endlessly and you have not been granted positive audience -
THE TEMPORARY SPEAKER: May you please connect and repeat for the benefit of others.
HON. NDEBELE: That was not the import of my question. I know it is every Member’s right to bring in a Private Member’s Bill but that is the last door to open when you have, on several occasions, approached a parent Ministry and you have not been granted positive audience because when the Hon. Member was introducing his Bill, I really felt it is soft law, and given that in the history of this country, no Private Member’s Bill has ever seen the light of day, it may possibly mean we are setting Hon. Murire for a fall, yet this law is very important. So if circumstances could be explained.
THE TEMPORARY SPEAKER: I am going to indulge Hon. Dr. Murire to be able to inform you and maybe motivate his Bill. However I think even on the statutes which allow us to bring in Private Member’s Bill, it never said that it is the last option. That is your own assumption that you are giving. As far as we are concerned, everyone has a right to do that and that is why you see he has managed to do that. You are the one who is making the assumption whereby you are saying yes, you would take that option after. If you can and I know you are a very learned colleague, please get that statute and please, be able to make the House privy to where it is written that it is the last option. Thank you very much.
HON. NDEBELE: Madam Speaker, if I may come in there. You seem to be getting answers from a learned colleague but you are being misdirected. It is not everything that appears on paper that makes an answer. These practices are steeped in the tradition of Parliament itself. A Private Members’ Bill is the last door to open. It is a good law, I agree but nenzira yayauya nayo iyi, it is going to be shot down and it is this Parliament as well as the nation that will lose out on such a good law. That is my position. They will shoot it down – [HON. DR. MURIRE: Saka uri kuda kuti zviitwe sei.] – ngaiende –
THE TEMPORARY SPEAKER: Hon. Ndebele, you do not need to be very pessimistic. I think we do not have to act that way. Let us wait and let us cross the bridge when we get there. – [HON. NDEBELE: It is 24 years on that bridge and we know it will not see the light of day. We are wasting time.] - Hon. Ndebele order! Order Hon. Ndebele. Yes Hon. Murire, like I previously said, may you please motivate your motion.
HON. DR. MURIRE: Thank you Madam Speaker Ma’am. I start by highlighting that currently there is no law that gives self-regulation to professional Loss Control Managers and private security practitioners in Zimbabwe. I would like just to give a quote before I proceed with details of the principles of the Bill. ‘Our world is evolved and grown not technologically savvy; law makers need therefore to adjust to these changes’, this is by Dennis Hastert.
Firstly, I would like to define to members so that they understand the background of where we are coming from and what loss management is all about. Loss is a situation of having something taken away from someone, a feeling of grief when one is dispossessed of rights to ownership of personal property or is hindered from enjoying such rights Loss of life or property, damage to property and injury to persons arising from crime, negligence, accidental events and breach of the law exposes the State, communities and individuals to economic development impediment and violation of rights. Loss control management is the practice of ensuring individuals, communities and business entities live in safe and secure environments. The practice of loss control management is also known by other terms such as security management, security protection as well as loss prevention. These terms are often used interchangeably depending on how the practice is executed and the environment in which the service is delivered.
Irrespective of which term is used, the objective of loss control management is avoidance of injury, damage or loss involving people and their belongings and prevention of causal incidences, events and occurrences thereof. In this proposal, the term ‘loss control management’ is preferred and adopted because it carries both the objective and title of the practice. However, where the other terms appear, they mean the same thing. The objective of conducting loss control management activities is to prevent breach of the law, violation of rights, negligent or intentional omissions, accidental or intentional actions and occurrence of events whose implication may be deprivation of rights, loss of life or of possessions. Loss control management is a service provided by people who design, develop and implement measures, organization structures and systems meant to prevent damage or loss. Loss control management measures may include designing of systems, hiring and use of security guards, acquisition and use of various tools and equipment, design and application of cyber software, and conducting of private investigation and related activities for the purpose of preventing loss. Many organizations have internal structures whose core function is loss control management. According to United Nations Guidelines for the Prevention of Crime, while States play a primary role, public safety and crime prevention are not the sole responsibility of government or public law enforcement alone. Indeed, individuals, communities and business among other players, all have a role in enhancing loss control management and in ensuring community security and safety.
Again, according to the Geneva Centre for Security Sector Governance (DCAF) Base line study on Private Security Regulation in the Southern Africa Region, there is no standard regulatory regime for private security management in the Southern Africa region. At best, it could be argued that private security professions and occupations are either unregulated or ineffectively regulated (Sabe Gumedzo, 2020).
Equally, it is apparent that in Zimbabwe, apart from registration and licencing of private investigators and security guards, there is no regulated requirement for the licencing and registration for practicing loss control management as an occupation or profession. However, there are legislative instruments which prescribe criminal offences for misapplication of certain technologies or equipment and violation of fundamental human rights. Cyber Security and Data protection Act Chapter 11:22, Criminal Procedure and Evidence Act Chapter
9:07, Criminal Law (Codification and Reform) Act Chapter 9:23, Freedom of Information Act Chapter 10:33, Interception of Communication Act Chapter 11:20, Firearms Act Chapter 10:09 and the Civil Aviation Act Chapter13:16 are examples of such legislations which prescribe breaches of the law that amount to violation of human rights and commitment of offences. The absence of a regulatory framework for participation of private players in the prevention of commitment of such prescribed offences, whose effect is loss of property, damage to reputation, injury to or loss of human life poses a challenge to the State on its ability to guarantee the integrity of the private service providers who are already in the practice and the quality of the service they offer. The growth and impact of technology advancement and its widened application in loss control management has further created a noticeable legislative vacuum.
Cyber-security software, electronic security systems, forensic and digital systems, unmanned aerial vehicles are loss control management equipment or approaches whose development has been aided by technology advancement. Driven by these technologies, physical and virtual loss control management systems have also drifted towards convergence and in the process, increasing the regulatory vacuum which can easily be abused by unscrupulous actors. The private investigators and security guard legislation provides for the registration and licencing of the operation of private investigators and security guards but fails to address the key aspect of their integrity and the quality of service they provide. This can only be achieved through introduction of a regulated requirement for adherence to guidelines and standards in service provision and compliance with an enforceable code of conduct.
1.1. Private Investigators and Security Guards (Control) Act Chapter 27:10
As said above, the Private Investigators and Security Guards (Control) Act Chapter 27:10 is the legislation that provides regulatory framework for the operation of private investigators and security guards in Zimbabwe. The Act is administered by the Minister of Home Affairs and Cultural Heritage and also provides for the appointment of a Controller of Private Investigators and Security
Guard and in particular, for the licencing of Private Investigators and Security Guards as individuals and corporate entities. This legislation is restricted to activities carried by private investigators and security guards using human beings as direct aids.
1.2. Cyber Security and Data Protection Act Chapter 11:22
Cyber security and data protection is a loss control management practice which uses virtual technology other than human beings as direct aids. There is currently no regulatory framework that requires licencing and registration for practicing of cyber of security and data protection (including digital and forensic investigation) as part of the loss control management profession in Zimbabwe. Most business processes and infrastructure are now cyber systems based and data driven, hence they also require cyber based security protection. Intelligent Video Surveillance Cameras (IVSC) and Close Circuit Television (CCTV), biometric security processors and drone surveillance nowadays constitute a significant part of the private security architecture. All these developments have made the integration of cyber and physical security systems necessary. This is also a reflection of further evidence of the increasing convergence of cyber and physical security management sub systems. Besides prescribing offences, there is no law currently for the regulation of cyber security, data protection and digital investigation occupations as part of the loss control management profession. The Cyber Security and Data Protection Act, Chapter 11:22 only spells out the need to provide protection of cyber based data and the nature of offences that may be committed by data controllers for its abuse or mishandling during collection, processing, transmission or storage. It does not provide for how enforcement of compliance to the regulation is to be done and this is the reason why the enactment of a loss control management occupations regulation is proposed. This will provide room for private entities to hire legally registered competent professionals who can protect them from attacks or abuse of their privacy by cyber criminals.
- Section 18 of the Act requires data controllers to take appropriate technical and organizational measures to protect data from negligent or unauthorized destruction, negligent loss, unauthorized alteration or access or any other unauthorized processing. This provision does not specify what these technical appropriate and organizational measures are. However, employment of legally recognized and competent loss control management professionals is one of the organization measures.
- In Section 8 (1) (f), by allowing the authority to call upon assistance of experts in the enquiry or investigation of data related breaches, the legislation acknowledges existence of independent professional cyber security investigators, also known as digital investigators who should be hired for the purpose and
- Section 18 (4), by requiring the data controller to appoint a Data Protection Officer (DPOs) who should provide sufficient guarantee regarding the technical, and organizational security measures associated with the processing undertaken and ensure strict adherence to such measures, again the legislator acknowledges the existence of data security protection expertise within the domain of the loss control management profession, which can be employed as a separate function within the data control entity.
Apart from requiring the registration and licencing of private investigators and security guard, providing for data protection and setting out cyber security offences, the Private Investigation and Security Guard (Control) Act, Chapter 27:10 and the Cyber Security and Data Protection Act, Chapter 11:22 regulatory frameworks do not respectively, provide self-regulating board for professional management of security guard, investigation and cyber security operations. On this account, there exists a profession regulation vacuum, in the two Acts, which can be filled by the promulgation of the loss control management law. This would then provide for the establishment a relevant profession and controlling council. The proposal to introduce the Institute of Chartered Loss Control Management Bill is therefore to put in place that regulatory framework which facilitates the establishment of a council for the administration of occupations associated with the loss control management profession. Loss control management practitioners exist and are practicing in Zimbabwe. The State is not expected to leave the administration of these security related occupations and their activities unregulated and outside its oversight.
It is therefore necessary that a comprehensive framework for the regulation of loss control management and allied occupations service provision, whether on proprietary or contract basis, be promulgated and administered through an established council for the profession. In the absence of such a regulatory framework, the State is put at the risk of failure to take advantage and making use of private entities who are already delivering the service and to have oversight on their activities. It is a fact that Zimbabwe is now part of the global village, hence introduction of such legislation for private players in the provision of loss control management services and the establishment of a professions council is necessary. It is also prudent for service providers to adopt international protocols, conventions, rules, regulations and universal practices and ensure consumers get services whose integrity is grounded on the law.
Crimes, including cyber terrorism, are now committed using both physical and virtual platforms and attracting socio-political risks that confront society today, all this against unregulated activities puts our citizens at risk. It is also acknowledged by the private security industry itself that it is now mature and in need of review of its regulative framework (Hans Born, 2007). Introduction of appropriate regulatory framework, and in this respect, the Institute of Chartered Loss Control Management Act, may not be a choice for Zimbabwe if relevant service providers are expected to comply with international professional guidelines, standards and code of conduct.
2.0. Justification for introducing the Institute of Chartered Loss Control
Management Bill
As highlighted above, there is a lacuna in the regulatory framework governing the operation of professional loss control management occupations in Zimbabwe. This effectively fails the State on its objective to provide oversight on activities of such essential services. Loss Prevention is a broad profession accommodating various dedicated occupations. The context of the Institute of Chartered Loss control management, as a profession with a controlling council, is similar to Public Accountants and Auditors, Medical and Allied Professions and other regulated professions world-over. From this perspective then, a legislated Institute of Chartered Loss Control Management profession will make affiliated practitioners enjoy deserving status like their counterparts in other professions.
Without a regulatory framework, many activities associated with loss control management occupations remain outside government oversight coverage and practitioners are bound to be unaccountable to stakeholders and the State. It is obvious that an unaccountable profession, especially in the private security industry may be a fertile ground for human rights abuses, organized crime and for breeding of obvious risks that impact on business, social, political and economic stability within a country.
Vigilante groups (such as neighborhood watch committees) and political party affiliated private security outfits are typical examples of groups that may not be accountable to the State for their activities. The thrust of the Institute of Chartered Loss Control Management Regulatory Framework is anchored on the need to address attendant security risks, associated with such informal groups as they operate under the veil of security services provision, which may be inflicted on individuals, the public, the State and business. On this background, regulation of the conduct of professional loss control management institutions and their individual personnel is necessary. Regulated institutions and workers alike, are bound to be accountable to the State by allowing it to exercise effective and efficient oversight over their activities.
3.0. Objective
The objective and prayer in this motion is to beseech Parliament to promulgate a regulatory framework and allow the establishment of an institute to be known as “Institute of Chartered Loss control management” whose objectives are;
- To promote delivery of high quality professional loss prevention and management service by its members.
- To take all steps necessary to promote the professional practice and training of loss control management.
- To raise the character and status of the loss control management professionals and in so doing, preserve the quality of service offered by members.
- To develop standards and guidelines and best practices, adopt code of conduct to be observed by members and provide disciplinary regulations thereof.
- To promote, under the seal of the institute, compliance with standards, guidelines and code of conduct.
- To promote professional integrity, repress malpractices including corrupt practices, and to increase and promote public confidence in those persons practicing or teaching the profession of loss control management.
- To set minimum qualifications for admission of members.
- To keep a register of practicing loss control managers.
- To provide practice and disciplinary regulations of the institute
- To have all persons whose names are entered in the Register of the institute at the commencement of this Act and all persons who may thereafter have their names entered in the register under the provisions of the law or regulations made under it, so long as they continue to have their names borne on the said register.
- To open channels of formal communication between the institute and government on crime and corruption prevention issues.
4.0. Challenges faced by loss control management practitioners
Nowadays, international loss control management service contracts, especially private investigation and security guard, and job opportunities require candidates who are members of professional associations registered under recognized regulatory frameworks (International Code of Conduct Association, 2010). Without any law that guarantees professional integrity, Zimbabwe loss control managers miss on such international contracts and employment opportunities despite possessing competitive requirements and professional and academic qualifications. This compels them to seek membership with foreign professional boards where they pay exorbitant subscriptions fees.
The Institute of Chartered Loss control management Bill will alleviate challenges faced by our loss control managers through establishment of a legalized profession which has a controlling board, the council, to which members can affiliate and enjoy privileges associated with such a profession.
5.0. Loss control management profession in Zimbabwe
Loss control management is a profession made up of several occupations which include security guard, cyber security, physical security, loss assessment, loss adjustment, risk management, debt collection and investigation among others.
5.1. Private Investigation and Security Guard
In Zimbabwe, registration and licencing of the practice of loss prevention is restricted to private investigation and security guards. However, the registration does not take into account the need for professional management of the practice and establishment of a self regulating profession. The proposal for establishment of the Loss Control Management Act is to have a profession that sets management guidelines, standards and code of conduct for private investigation and security guard practices.
5.2. Forensic and Digital Investigation
Forensic and digital investigations are specialized activities carried out by both public and private personnel. Zimbabwe has a number of people who are qualified and carry on forensic and digital investigation as occupations. On this background, no law exists which recognizes such occupations as professions to which practitioners can affiliate or associate and be subjected to State oversight. Without relevant legislation, none of these occupations may have their work recognized by law as professional or expertise. The Private Investigators and Security Guards (Control) Act provides for private investigations but is particularly silent on private digital and forensic investigation.
5.3. Cyber Security
Cyber security is a technology innovation associated with collection, transmission, processing, transacting and storage of information, including monetary transfers, and done via virtual platforms comprising internet and computer network infrastructure or cyber space. As much as assets that flow, or are resident in the physical environment can be exposed to physical attacks and require protection against damage or loss, virtual assets resident in virtual infrastructure are equally vulnerable and exposed to threats and risks that may result in damage or loss and they too require protection. Virtual security tools and systems aid the provision of security of virtual assets and infrastructure. Virtual security protection is also an occupation conducted by trained personnel who do so with the same objective for which physical security and private investigation are conducted. It follows therefore, that the job of a physical security professional is in no way different from that of his or her professional virtual security counterpart. It is the objective of introducing the Institute of Chartered Loss Control Management Bill to provide a legal framework through which Loss Control and Allied Professions can be practiced under a regulated environment. It is equally necessary that the regulatory framework provide for the establishment of the Institute of Chartered Loss Control Management Profession Council and for the State to provide oversight on its activities and those of its constituent associations and members.
5.4. Loss Adjustment and Loss assessment
Loss Adjustment and Loss Assessment are part and parcel of the loss control management profession. Loss adjustment is a situation in which an insurance company decides how much compensation it should pay to a person or company whose insured property is damaged or lost. Loss adjusters work in the handling of insurance claims by providing support and guidance to insurance claimants in the event of a claim. Loss assessment is done on behalf the claimant to determine how much he or she should claim in case of loss of an insured property or asset. A loss adjuster works for an insurance company while a loss assessor works for the claimant. There is no law for the regulation of loss adjustment and loss assessment as occupations practiced by individuals or business entities in Zimbabwe.
5.5. Debt collection
Debt collection is also part and parcel of the loss control management profession. It is the collection of payments from people who fail to pay the money they owe for goods, services, etc that they have already received. There is no law in Zimbabwe which specifically regulates the management of debt collection as a profession practiced by individuals and business entities.
The proposed loss control management profession regulation should provide for a comprehensive regulation of the management of the provision of professional loss control management service including security guard, private and digital investigation, cyber security, debt collection, loss assessment, and loss adjustment.
The motion proposes the introduction of Institute of Chartered Loss Control Management Bill that seeks to provide a comprehensive legislative framework and oversight on occupational activities and professional administration of the loss control management profession in Zimbabwe.
6.0. Contract versus Proprietary Loss Control Management
In Zimbabwe, proprietary and contract loss control management entities are known by various designations. However, it is common for contract security guard companies to have a suffix “Security” on their names. Loss Control; Security and Risk; Risk and Compliance; Security and Investigation are common designations associated with proprietary loss control management departments in corporate organizations, government and State enterprises. It is worth noting that in some instances, proprietary departments exist alongside outsourced private security companies. In such arrangement, proprietary departments supervise the security services contracts in addition to performing their internal functions. Some organizations like ZESA have fully fledged security departments with security guard and investigation units under it and in addition, at times outsource the security guard service to beef up their own units. The fact that both propriety security departments and contract security companies perform more or less the same function imply both should be subjected to regulated professional performance guidelines, standards, code of conduct and oversight. This aspect should be addressed through introduction of the loss control management regulatory framework.
The Institute of Chartered Loss Control Management Bill proposes to subject loss control management occupations, whether practiced under proprietary or contract employment, to the same professional regulatory framework.
7.0. Establishment of Institute of Chartered Loss Control Management Council
Loss control management, whether based on application of physical, cyber, biological, forensic or digital investigations, debt collection, loss adjustment or loss assessment systems or technology, collectively exist under the banner of loss control management occupation in Zimbabwe with no law providing for establishment of self administrating and self-regulating profession council. Even though the “Private Investigators and Security Guards (Control) Ac, Chapter 27:10 provides, in Section 2, for designation of associations of private investigators and security guards communication from the Ministry of Home Affairs and Cultural Heritage’s legal department confirms this provision falls short on clarifying what a “designated or professional association” is and the process by which it can be established. On this account, currently no designated association of private investigators and security guards exist in Zimbabwe.
The introduction of the Institute of Chartered Loss Control Management Bill will pave way for the establishment of a self-regulating loss control management profession and a council that should administer its operation that of its constituent associations.
8.0. Academic and professional curriculum for studies in loss control, private security management and related disciplines
Security management and loss control are disciplines now available and offered by institutions of higher education as study disciplines. Every industry relies on the supply of professional manpower from academic and professional training institutions. The development and introduction of loss control and security management as taught subjects is in response to academically and professionally qualified personnel needs of public and private organizations. As a study discipline, security management has benefited immensely from academic research over the years and this has seen its curriculum enriched. It has also seen and still is, the application of technology increasing in response to personal and community security needs. This advancement, deepening and availability of knowledge has enabled further research and development in methods and approaches to industry appropriate loss prevention education and training.
It is pleasing to note that this offering of loss control management related educational curriculum is compliant with requirements of the Zimbabwe Manpower, Planning and Development Act (Chapter 28:02) of 1995 legislation and the recently launched Zimbabwe National Qualification Framework (ZNQF). The National University of Science and Technology (NUST), University Of Zimbabwe (UZ), Harare Institute of Technology (HIT), Midlands State University (MSU) and Bindura State University of Education (BUSE) all now offer loss prevention related courses; both physical and cyber. They offer the courses as structured certificate, diploma, advanced diploma and degree programmes.
With availability of the academic training and research in loss control and allied disciplines, there should be no debate on the need to provide a regulatory framework that provide for training and continuing professional development in loss control management and award of relevant professional qualifications.
The Institute of Chartered Loss Control Management Bill seeks to have recognition of loss control management as a profession in Zimbabwe with a programme of studies which leads to attainment of professional qualifications.
9.0. Establishment of the Loss control management as a profession
Loss control management is premised on professional application of concepts and theories relating to the deployment of human beings, equipment, technology and systems to mitigate loss arising from damage to or loss of property or injury on human beings or loss of life. The context in which loss control management is delivered as a service is similar to that of other professions in their diversity and specialties. The Public Accountants and Auditors Board (PAB) which regulates the Accountancy and Audit profession through the Public Accountants and Auditors Act (Chapter 27:12) is a good example. It provides for the regulation of accounting as a profession constituent associations as follows;
- The Chartered Institute of Management Accountants (CIMA)
- Association of Certified Chartered Accountants (ACCA)
- Institute of Chartered Accountants (ICAZ) and
- The Institute of Chartered Secretaries and Administrators (ICSA).
These constituent associations offer related but specialised accounting occupations under a controlling board; the Public Accountancy and Auditors’ Board. However, while subjected to similar general accepted standards and guidelines, rules and regulations for professional conduct, constituent associations have separate Charters that specify professional specialty and applicable code of conduct for each of them. This arrangement guarantees provision of coordinated administration, role complementarities within the occupations and integrity of the profession.
This motion proposes to introduce the Institute of Chartered Loss Control Management Bill that provides for the establishment of a self regulating loss control management profession with relevant constituent associations in the following specialties
- Loss Control. This is applicable to practitioners engaged in the management of proprietary loss control occupation.
- Security Management. This is applicable to practitioners engaged in the management of security guard occupation
- Cyber Security. This is applicable to practitioners engaged in the management of cyber security occupation
- Private Investigations. This is applicable to practitioners engaged in the management of private investigation occupation including those that relate to digital and forensic.
- Debt collection. This is applicable to practitioners engaged in the management of debt collection occupation.
- Loss Assessment and Loss Adjustment. This is applicable to practitioners engaged in the management of loss adjustment and loss assessment occupations.
10.0. Professional Standards, Guidelines, Internal Regulations and Code of Conduct
Besides deriving its existence from legislation and having self regulatory framework, adoption of a professional code of conduct, internal disciplinary regulations and mechanism for development and implementation of standards and guidelines is an indispensible hallmark of every profession. Standards and guidelines are central to the convergence of professional interests, basis for performance measurement and attainment of professional integrity. Loss control management occupations are practiced and administratively recognised in Zimbabwe. These occupations have adopted internationally established operating standards, guidelines, procedures and codes of conduct. In addition, introduction and adoption of relevant legislative framework for professions is encouraged by United Nations as a board. It would not be an innovation if a legislative framework for the operation of the Institute of Chartered Loss Control Management is introduced in Zimbabwe. South Africa has the Private
Security Regulatory framework which is administered by a statutory board; the South Africa Private Security Regulatory Authority (PSRA) and separate legal frameworks for other occupations. The United Kingdom has the Private Security Industry Act of 2001 that regulates the professional management of private security service providers in line with standards and regulations applicable to the profession. However, the proposal in this motion is the introduction of a comprehensive loss control management regulatory framework that embraces and brings related occupations on oversight and rallying them to comply with both local and international professional performance guidelines, standards, and code of conduct just as other professions do.
10.1. International Code of Conduct Association (ICoCA) Standards
ICoCA standards and principles are based on the Montreux Document developed by the Special Representative of the United Nations (UN) Secretary General on Business and Human Rights, and welcomed by the UN Human Rights Council.
The purpose of the code is to set forth a commonly-agreed set of principles for Private Security Companies (PSCs) and to establish a foundation to translate those principles into related standards as well as governance and oversight and for application by members on the conduct of Private Security Service Providers and their employees worldwide (ICoCA Charter).
10.2. ASIS International Standards and Guidelines
ASIS International is an American based Standards Developing Organisation (SDO). It develops standards and guidelines to serve the needs of private security professions in today’s global environment. ASIS International has developed a series of standards and guidelines for use by the private security profession. The series covers standards and guidelines that include investigation, protection of information, facilities security management, Security Risk Management, physical security management, management systems for performance quality, supply chain security management and cyber based security systems (ASIS International 2009).
10.3. International Standards Organization (ISO) Private Security Standards
Both ASIS International and ICoCA standards, guidelines and principles have been adopted by the International Standards Organisation (ISO) as the basis for performance measurement for private security professions and the conduct of their members. Consequently, most professional security management associations have adopted the ISO Standards for application in their practice. ISO also provides for cyber security standards which are used by practitioners who provide virtual security services.
10.4. Cyber Security or Cyberspace Management Service Provision Standards
Given the critical decision that must be made in an environment of evolving cyber threats, cyber security standards and guidelines are crucial means by which individuals and enterprises ensure protection of resources against abuse, damage or loss. They also serve as the basis on which professional cyber security service performance can be measured and evaluated. Cyber security or cyberspace security is the protection of privacy, integrity, and accessibility of data and information in the cyberspace. The Chartered Institute of Information Security (CIISec), a United Kingdom based organisation, is one of the professional security institutes that focus on the provision of cyber security management service standards. A typical cyber security standards framework consists of external statutory requirements, selected or mandatory controls, external regulatory requirements, and generic standards baseline and business specific internal controls. International Standards Organisation (ISO) has developed ISO/IEC 27032, ISO 2700 and ISO 22301 standards for application by professional Cyber security practitioners. It envisaged that the Institute of Chartered Loss Control Management Council will facilitate the formation of the Zimbabwe Institute of Cyber Security as a constituent association and encourage it to observe approved standards and guidelines in their service provision.
The Institute of Chartered Loss Control Management Bill would provide for establishment of a professional Council that will facilitate adoption of and compliance with relevant standards, guidelines and code of conduct in the provision and management of loss control and allied services by the institute and its constituent members. It will also facilitate enforcement compliance with regulations and oversight by the State.
The Institute of Chartered Loss Control Management Bill seeks to provide for adoption of and compliance with professional performance standards such as ISO professional standards and guidelines, regulations and code of conduct by loss control management service providers in Zimbabwe.
11.0. Private Security: Implication National Security
Private security is a service provided by private players who are or are not licenced by the State. This is a complementary service since the State has the primary responsibility to provide property and human protection. Security protection practitioners’ work is to design, develop and implement security systems and procedures for the protection of human life and property through enforcement of regulatory compliance on private basis. Private security activities are usually accompanied with use of weapons, instruments, equipment and technology which may also become sources of insecurity to individuals, communities, business and the State itself if left in wrong hands and unregulated. Reliability and safe provision of private security service is dependent on the ability of the profession to design procedures, and systems and using them to enforce compliance with acceptable standards, guidelines, rules and disciplinary regulations and observance of professional code of conduct. Such a profession does not legally exist as a self-regulating professional organisation in Zimbabwe.
11.1. Private Security Guards
With respect to private security guard companies, the mere fact that they are delegated with a licensable function that uses dangerous weapons cannot be a guarantee that the same entities or their individual employees cannot be a threat to the public and the State itself if allowed to operate without appropriate professional legislative framework for oversight and safeguard. Terrorist organisations do not emerge from nowhere. Vigilante committees and unregulated private security organisations may transform into rebellious criminal or terrorist groups; Al-Shabaab, Islamic Courts Union (ICU) and ISIS groups are examples. Vulnerabilities within the private security legislative framework allow this to happen. You need to just burn the building across the road for legislators to believe disaster is real and have them remove the vulnerabilities; here is a proposal, buildings are burning next door; Mozambique is burning. With the emergence of Private Military Security Companies (PMSC) and proliferation of informal players within the private security industry, there is no guarantee that unscrupulous outfits may not drift towards becoming rebellious groups and pose national security threat if allowed to operate without being over sighted and regulated to operate within professional parameters.
11.2. Cyber Security
Cyber technology is now the driving force behind business processes and social life. In wrong hands cyber technology is known to be a source of risk and danger to individuals, organisation and the State itself. Equally, providers of private cyber security services need to be professionally regulated and monitored so that they provide relevant and safe service that also effectively complements the State in its mandate of providing first line security protection to its citizens. This can only be achieved if the sector is placed on oversight for it to operate within the confines of the law, set performance standards and self-regulating code of conduct.
The Institute of Chartered Loss Control Management Bill seeks to prevent emergence of informal outfits or formal ones that may drift towards becoming Private Military Security Companies (PMSC) or cyber-criminal organisations capable of discharging combat operations or engage in cyber terrorism and cyber-criminal activities.
12.0. Loss Control Management as Expertise Based Practice
There is no doubt loss control management occupations are expertise based practices constituting a profession and are critical to the operation of organisations through their provision of protection to personnel, facilities, systems and assets and prevention of resultant loss. Skills and expertise contribution capability displayed by the loss control management profession in providing evidence based solutions to loss occurrences confronting business; the State and society at large deserve legal recognition. At no time is loss prevention a dispensable need for individuals, business, the State and the communities. This has been proved in many situations; the COVID-19 pandemic periods is a good example. Indeed, loss control management, security guards, were treated as essential services. The loss control management profession can be helpful in reducing the workload of our public security agencies, especially the Police Service, if provision is made for the law to grant expert status to qualified members of the profession and for the evidence they adduce and reports they prepare to be admissible in our courts in the same manner the law accepts evidence adduced by public law enforcement officers and recognises private prosecution by members of legal profession. It would as well provide for the profession to legally offer expert assistance to the state in combating crime, especially corruption.
This motion proposes a legislation that should recognise loss control management as an expert based profession whose work is measured, provable and admissible on the basis of its reliance on professional standards, guidelines, and procedures and adherence to rules, regulations and code of conduct.
13.0. Recommendation
It is recommended that Parliament adopts this motion to introduce a Bill that establishes loss control management as a profession which include, under it, occupational activities in physical and bio-forensic and digital investigation, debt collection, cyber security, loss assessment, loss adjustment, physical and virtual security management and security equipment and security technology vending. It is proposed the legislation is called “Institute of Chartered Loss Control Management Act” and should also provide for the establishment of an Institute of Chartered Loss Control Management Council.
14.0. Conclusion
The need for a professionalised loss control management occupations and industry in Zimbabwe is compelling. The scourge of losses that individuals, communities, the State and corporate entities are experiencing through negligence, corruption and technology based crimes and other security breaches requires a robust loss control management profession which is supported by a comprehensive legislative framework and State oversight. Institutions of higher education, training and research are already playing their role of developing and introducing relevant loss control management educational programmes. Parliament is therefore encouraged to put in place a legislative framework that enables Government to facilitate the establishment of the profession of loss control management which will complement it in the provision of security protection to citizens and prevention of damage to or loss of property. Introduction of the “Institute of Chartered Loss Control Management Act” would go a long way in assisting the State in the fight against crime (including corruption) and prevention of loss of property, assets and national resources.
“The Principle of parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of parliament.” I so move Madam Speaker.
HON. R. R. NYATHI: I move that the debate do now adjourn.
HON. TEKESHIE: I second.
Motion put and agreed to.
Debate to resume: Thursday, 24th February, 2022.
On the motion of HON. R. R. NYATHI, seconded by HON. TEKESHE the House adjourned at Six Minutes to Six o’clock p.m.