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NATIONAL ASSEMBLY HANSARD 23 July 2015 41-58
PARLIAMENT OF ZIMBABWE
Thursday, 23rd July, 2015
The National Assembly met at a Quarter-past Two O’clock
(THE ACTING SPEAKER in the Chair)
ANNOUNCEMENTS BY THE ACTING SPEAKER
INVITATION TO A DIALOGUE SESSION
THE ACTING SPEAKER: I wish to remind the House that the Speaker of the National Assembly, Hon. Advocate J. F. Mudenda is inviting all Portfolio Committee Chairpersons, members of the
Parliamentary Legal Committee and the Portfolio Committee on Justice,
Legal and Parliamentary Affairs to a dialogue session on the General
Laws Amendment Bill and the Criminal Procedure and Evidence Amendment Bill. The overall objective of the dialogue session is to strengthen the capacity of Members of Parliament in legislative analysis and understanding the key provisions and the constitutionality of the two Bills. Representatives of Civic Society organisations will also attend the dialogue session. The dialogue session will be held in the Jacaranda Room, Harare International Conference Centre, starting from 0815 hours on Friday 24th July, 2015. All Committee Chairpersons, members of the Parliamentary Legal Committee (PLC) and members of the Justice, Legal and Parliamentary Affairs Portfolio Committee are expected to be punctual.
ERROR ON THE ORDER PAPER
THE ACTING SPEAKER: I also wish to draw the attention of the House to an error on today’s Order Paper whereby two items on the Second Reading of the Criminal Procedure and Evidence Amendment Bill (H. B. 2, 2015) and the Joint Ventures Bill (H. B. 4, 2015) were inadvertently omitted on today’s Order Paper and are therefore inserted as Orders of the Day Numbers 1 and 2 respectively, with the rest of the Orders of the Day, being renumbered accordingly.
- MUNENGAMI: On a point of order Madam Speaker.
THE ACTING SPEAKER: What is your point of order Hon. Munengami?
- MUNENGAMI: Thank you Madam Speaker. As I stand
here, more than a thousand workers have been dismissed in the past three days. I rise to encourage other Members of Parliament, especially through you Madam Speaker, if it is possible to kindly ask His Excellency, the President to invoke his presidential powers in order to stop this madness, and as Parliament, make a statement in order for these companies to stop this.
THE ACTING SPEAKER: Order Hon. Munengami. I wish to
advise the Member of Parliament that there are procedures that you follow if you want to draw such issues to the House, and these are in the form of motions. You can bring up a motion in order to raise such issues and then Parliament will also refer the responsible Ministry. So, there is no point of order. I also want to advise Members of Parliament not to abuse the privilege of point of orders in this House. Thank you.
BUSINESS OF THE HOUSE
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (MR. CHINAMASA): Madam Speaker, I move
that Order of the Day Number 1 be stood over until the rest of the Orders of the Day have been disposed of.
Motion put and agreed to.
JOINT VENTURES BILL [H. B. 4, 2015]
Second Order read: Second Reading: Joint Ventures Bill [H. B. 4, 2015].
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (MR. CHINAMASA): Madam Speaker, I stand to
move the Second Reading of the Joint Ventures Bill. The provision of public infrastructure services is one of the prime mandates of Government and a prerequisite for sustainable long term economic growth and development.
The Zimbabwe Agenda for Sustainable Socio-economic Transformation (ZIM ASSET) identifies priority infrastructure projects that need to be implemented over the Plan period (2013-2018) for us to achieve sustainable economic growth, create jobs and uplift the standard of living for our people.
Success of the Plan, however, hinges on the mobilisation of financial resources for the implementation of targeted programmes and projects.
In this regard, and recognising the limitations of mobilising public sector funding in support of planned projects, the Plan proposes other investment vehicles such as joint ventures to finance infrastructure, leveraging on project cash flows.
Rationale of Joint Ventures in Zimbabwe
The world over, the traditional role of Government, as the primary infrastructure and public service provider, is gradually being supplemented and replaced by private sector expertise and financing.
Madam Speaker, as our previous experiences testify, reliance on fiscal resources to finance our huge infrastructure needs has been problematic, given the limited fiscal revenues and space on the budget.
Financing infrastructure by leveraging private sector finances through joint ventures provides the following benefits:
- Use of private finance enables the public to have access to improved services now, rather than years away when fiscal resources permit;
- Project costs are spread over the long term, allowing Government to focus on the limited resources in other areas of high priority such as education and health care services;
- Enhancement of value for money through superior private sector financing, operational efficiencies, superior risk management, greater implementing capacity and enhanced service quality;
- Evidence elsewhere suggests that there will be better quality design and construction compared to traditional procurement methods;
- Projects are usually completed to plan and within budget as the private party will only receive payment when the facility is available for use; and,
- Fostering the development and strengthening of domestic financial capital markets.
Madam Speaker, it is also clear that private investment only goes where there is confidence, policy certainty and policy clarity. It is therefore, critical that Government undertakes policy and legal reforms, provide incentives and institutional support that attract private sector participation in the provision of infrastructure services.
The 2004 Public Private Partnerships Policy and Guidelines provided the initial framework for a better organised implementation of joint venture arrangements between Government and the private sector.
The Joint Venture Bill, if enacted, will provide the legal framework to this arrangement, reflecting Government’s commitment to open key public services to competition where such mode of delivery provides greater value for money.
- The Bill outlines key aspects relating to Joint Ventures with primary focus being on the following:
- Institutional framework for joint ventures with specific roles and
Responsibilities of the Contracting Authority, Joint Venture Unit,
Cabinet and Joint Venture Committee;
- Procedures and processes for identifying and submitting Joint
- Project preparation including engaging of consultants to assist with feasibility studies;
- Procedures for procurement of projects by contracting authorities;
- Evaluating and selecting the preferred bidders;
- Negotiation and awarding of contracts with the concurrence of the
State Procurement Board; and
- Implementing and managing Joint Venture projects with the Assistance of the Joint Venture Unit.
JOINT VENTURE UNIT
- The Bill provides for the establishment of a Joint Venture Unit which shall be a department within the Ministry of Finance and Economic Development under the control and supervision of the Secretary for Finance and Economic Development.
- Its main functions shall be as follows:
- To consider project proposals submitted and assess the viability of projects and conformity to approved technical specifications.
- To recommend approval of projects to the Joint Venture
- To advise Government on implementation of Joint Venture
- The Bill compels the Unit to submit an annual report to the
Minister on progress with regards to the implementation of Joint Ventures. Other reports may be submitted when necessary.
- The Unit will be resourced with experts in the fields of engineering, finance and legal. Additional skills can be contracted out where necessary.
JOINT VENTURE COMMITTEE
- To assist in the implementation and coordination of Joint
Ventures, the Bill makes provision for the establishment of the Joint
Venture Committee consisting of 9 members drawn from key
Government institutions involved in Joint Ventures and chaired by the Secretary for Finance and Economic Development. Other experts can also be co-opted where necessary.
- The Committee will assist the Minister on policy matters related to Joint Ventures, ensure conformity of projects to national priorities and recommend for Cabinet approval or rejection of project proposals submitted by the Joint Venture Unit.
PROCEDURES FOR CONCLUSION OF JOINT VENTURE
- The Bill outlines the procedure for the conclusion of Joint Venture Agreements as follows:
- Contracting authority identifies projects for implementation under Joint ventures and invites Expressions of Interest.
- Contracting authority undertakes feasibility studies and submit to the Unit for approval.
- Unit approves feasibility study and prepares project proposal and model agreement.
- Unit refers the project proposal to Committee which will make recommendations to Cabinet.
- Cabinet approves the proposal paving way for procurement to
- Speaker Sir, it is a requirement that contracting authorities undertake feasibility studies for projects to be considered under joint ventures. The feasibility study is prepared to determine the viability of projects and identify key technical aspects of the project, appropriate financing model and issues of affordability and value for money.
TREATMENT OF UNSOLICITED BIDS
- Under Joint Ventures contracting authorities are normally responsible for the actual identification of projects and invitation of private parties through the expressions of interest.
- In some instances, the private party may prepare a project proposal without invitation and solicitation by contracting authority.
These proposals are called unsolicited bids.
- According to the Bill, the contracting authority may refer the unsolicited bid to the Unit for consideration if project is viable and is in line with Government priorities.
- If the Unit approves the proposal, it is then submitted to the Joint Venture Committee for approval to conduct feasibility study.
AWARD OF PROJECT AND SIGNATURE OF AGREEMENT
- The Bill compels contracting authorities to only sign joint venture agreements after the joint venture agreement has been approved by Cabinet. Any agreement signed without Cabinet approval shall be deemed null and void.
- The Bill makes provision for the Minister of Finance and Economic Development after consulting the Committee, to make regulations that will give effect to the Act.
- These regulations will encompass issues to do with the following among others:
- Charging of levies on Joint Venture Projects;
- Fees or charges levied by the Unit;
- Timelines within which the Unit and Committee must complete and conclude key tasks; and
- Penalties that may be chargeable for various offences.
Madam Speaker, I now move that the Bill be read a second time.
- MUKANDURI: I am presenting a report on the Joint
Ventures Bill on behalf of my Chairperson and the Portfolio Committee on Finance and Economic Development.
The Joint Ventures Bill, which seeks to provide for the implementation of joint venture agreements between contracting authorities and counter parties, creates a legal framework for investments in the country, given the low foreign direct investment levels, absence of lines of credit and balance of payments support.
1.1 The Bill is in line with the Zimbabwe Agenda for Sustainable Socio-Economic Transformation (ZIM ASSET), which spells out its vision as follows:
“To provide an enabling environment for sustainable economic empowerment and social transformation to the people of Zimbabwe”.
This vision is emphasized by the deliberate choice of Infrastructure and Utilities as one of the clusters anchoring the ZIM ASSET Policy. Given the substantial financial resource requirements to undertake the projects relating to water and sanitation, energy and power supply and transport services among others, one of the sources of financing is pursuing joint venture projects with the private sector.
2.1 This report is the product of extensive consultations by your Committee through public hearings conducted from 15 to 20 June
2015 in Kariba, Chinhoyi, Harare, Bindura, Marondera, Mutare,
Gweru, Masvingo, Beitbridge, Gwanda, Bulawayo, Lupane and
Victoria Falls. These consultations were incompliance with Section 141(2) of the Constitution of Zimbabwe, which requires that Parliament ensures that interested parties are consulted about Bills being considered by Parliament.
2.2 Preceding the public consultations were sessions by your Committee on the analysis of the Bill using the Research
Department’s Bills Digest as a basis for the analysis. Another session was held with officials from the Ministry of Finance and Economic Development, where the Committee sought clarification on some of the provisions of the Bill.
2.3 Your Committee is grateful to the Ministry of Finance and Economic Development and all those who attended and made valuable contributions at the consultative meetings.
3.0 THE COMMITTEE’S FINDINGS AND
3.1 Your Committee wishes to highlight from the outset that members of the public were unanimous in their support for the promulgation of the Joint Ventures Bill and even expressed the view that it was
long overdue. They also expressed optimism that the implementation of joint venture projects would benefit all citizens in general, in terms of provision of infrastructure, utilities and employment opportunities.
3.2 However, having considered the views of the public, the Committee critically looked at the Joint Ventures Bill and agreed that the Bill should be amended before adoption. The Committee has observed key areas which must be addressed and is asking the Hon. Minister of Finance and Economic Development to consider the following issues of concern;
3.2.1 JOINT VENTURE UNIT (JVU)
Your Committee welcomes the establishment of the Joint Venture Unit. The Committee, however, notes with concern that the Bill is not clear on the role of the Zimbabwe Investment Authority (ZIA) given the creation of this Unit. Section 7 (d) of ZIA Act stipulates that the Authority shall: “…respond to proposals from any domestic or foreign investor for joint ventures with the State,”
Therefore, need has risen for the Hon. Minister of Finance and Economic Development to harmonise the two Acts.
3.2.2 JOINT VENTURE COMMITTEE
On Section 4(1), your Committee recommends the incorporation of five eminent persons representing different sectors or interest groups to the Joint Venture Committee with one of them being Vice-Chairperson of the Committee.
3.2.3 INVITATION OF EXPERTS TO ATTEND MEETINGS
Your Committee observed under Section 4 (2) (a), that the Minister may invite a person with the relevant expertise to attend a Joint Venture Committee meeting, where necessary. It is the
Committee’s view that the Minister should ensure that the persons so invited will assist matters under deliberations to be dealt with in an expeditious manner resulting in the successful conclusion of the project under consideration.
3.2.4 APPROVAL PROCESS OF JOINT VENTURE
Your Committee notes with reservations Section 8 of the Bill which deals with Responsibilities of Contracting Authorities and
Approval of Projects by Cabinet. Your Committee’s concern relates to the absence of set timelines on the approval process from the initial stage to the final stage. There is, therefore, need to specify the amount of time within which each responsible authority should take in processing a joint venture application. Your committee also strongly discourages the contemplation that some joint venture projects be allowed implementation without Cabinet approval as doing otherwise may open floodgates for the flouting of the same law which it seeks to establish.
3.2.5 DECENTRALISATION OF THE APPROVAL PROCESS OF
JOINT VENTURE AGREEMENTS
Whilst Section 8 (2) provides that Cabinet makes a determination of a joint venture project proposal, there was a general observation
that not all projects should be subjected to Cabinet approval. The Committee therefore, proposes that the Minister comes up with thresholds to determine the levels at which these joint venture agreements are approved given that the Constitution recognises devolution of governmental powers to provincial and local governments, provided that a report on any decisions arrived at is submitted to the responsible Minister within a reasonable time determined by the Minister. For example, the joint venture agreements of a certain value should be approved at a local level while the joint ventures agreements of very high value and strategic in nature are approved at cabinet level in order to promote development and reduce bureaucracy and corruption.
3.2.6 FEASIBILITY STUDY
It is your Committee's view that a feasibility study should be bankable. The Committee, therefore recommends that under
Section 9, the term “bankable' be added to read as “Bankable
Feasibility Study”, in line with international practice.
3.2.7 LOCAL INDIGENOUS PARTICIPATION
Your Committee notes that section 10 (3) states that “Every joint venture agreement shall be governed by and construed in accordance with the laws of Zimbabwe.” In line with this provision, it is your Committee’s view that the Bill should be explicit on how the indigenisation and empowerment policy will apply to joint venture agreements. As intimated above, there were strong and clear representations on the need for joint venture agreements to benefit the local and indigenous communities including women and youths
3.2.8 POWERS OF THE UNIT
Section 11 (1) (a) of the Bill provides that the Unit may;
“…retain consultants to assist it on an ad hoc, part time or full time basis,”
The Bill contemplates the possibility of expert consultancy being hired for their inputs in the vetting of joint venture projects. As stated above such consultants should ensure an expeditious and successful conclusion of the project under consideration.
It is your Committee's view that Section 11 (2) of the Bill be reviewed because there is a potential violation of the Constitution.
3.2.9 PROTECTION OF UNSOLICITED BIDS
Whilst essential elements of unsolicited bids or expression of interest are provided for in Section 12, it is your Committee’s view that the initiator of unsolicited bids which are in the national interest, who are not awarded the project should benefit to the extent as prescribed by the Minister.
3.2.10 ENFORCEMENT OF THE ACT
Your Committee observed with concern the provision under
Section 19 of the Bill, which states that,
“This Act shall not apply where a contracting authority has, before commencement of this Act, either identified a counter party or concluded any joint venture agreement.”
It is your Committee's view that the term “identified” must be deleted because it is open ended. The Bill should only provide for cases where joint venture agreements have been concluded or are at an advanced stage.
3.2.11 MONITORING AND EVALUATION OF JVAs
Your Committee notes that the Bill does not provide for monitoring and evaluation mechanisms which are critical for purposes of promoting accountability and transparency. It is recommended that a framework for monitoring and evaluation be included.
4.1 In conclusion, Your Committee on Finance and Economic Development lends its full support for the enactment of the Joint Ventures Bill, as it seeks to create a conducive environment for the promotion of infrastructural development in Zimbabwe. Your
Committee requests the Hon. Minister of Finance and Economic
Development to take on Board the Committee’s recommendations.
I thank you.
- KEREKE: Thank you Madam Speaker. I rise to add
comments on the proposed piece of legislation. On a material point in terms of due process, I want it noted that the report as presented makes omissions that are serious in nature, which we had agreed as a Committee to be incorporated. I think the hon. member who presented can attest to this point. Moving to the ad-merits of the issues in the Bill, at the Committee, we did deliberated and identified seven key areas that needed to be looked at with a view to enhancing the Bill.
Generally, we are of the view that the joint venture process requires explicit legislation but the draft as it is, will require a lot of adjustments Madam Speaker. The first area is in respect of the large risk which looms that this Bill risks creating bottlenecks, which will undermine efficiencies. On projects which are supposed to come through, we fear that it will take elaborate time periods because a department in the Ministry, in our view, it will have serious limitations in terms of processing all joint ventures in the country. With all the goodwill, we do not believe all joint ventures can be processed and approved by a department. We need to ensure that we do not create bottle necks.
The second area which we felt needed adjustments is that of national security. Madam Speaker, the Committee debated extensively and we saw explicit risk whereupon the Bill contemplates invitation of expert consultants. In the Committee, we agreed that such experts should not be coming from hostile countries or institutions; institutions that are hostile to the interest of Zimbabwe. Specifically as a country we should not be comfortable with …
- CHIBAYA: On a point of order Madam Speaker.
THE ACTING SPEAKER: What is your point of order hon. member?
- CHIBAYA: Thank you very much Madam Speaker. Whilst Hon. Kereke is debating giving very good points, the Minister is busy talking to Hon. Jonathan Moyo. I think it is necessary for the Minister to actually pay attention to the debate – [HON. MEMBERS: Hear, hear.] – I thank you.
THE ACTING SPEAKER: There is no point of order. The hon. Minister is taking notes. I can see him with a pen and a book, meaning that he is jotting something.
- KEREKE: Madam Speaker, as a country, we must not institute laws that tie ourselves deliberately. We should not have experts or consultants that are coming from institutions that are hostile to the Government. We now know that we have mega loans and joint ventures coming from China, Russia, Belarus, Brazil and several other friendly countries. It will be an error of monumental proportions to then hire consultants from IMF and World Bank to come and peruse such loans from China and Russia. We know where these institutions come from – [HON. MEMBERS: Hear, hear] – We want this legislation to specifically outlaw or exclude individuals or experts coming from hostile governments and institutions hostile to Zimbabwe.
The next area which we would want looked at in the draft legislation is that we exclude completely from the Bill ‘allowance for unsolicited bids’ The contemplation is that we put this law, meanwhile if some unsolicited JVs come, they can be approved within 14 days without due process of the Committee. We want to say this proposed clause is not necessary; it is fertile ground for corruption. Why would we want unsolicited bids that come in? So, our recommendation is that all JVs as would have been benchmarked and stipulated in the proposed law, which law is necessary, are to follow due process without allowance for unsolicited bids.
The fourth issue Madam Speaker, is the composition of the mooted Committee. We are of the view that the contemplation that the members of the Committee be Permanent Secretaries of ministries is in itself selfdefeating. First, the scope of work will be so voluminous that they are approving all the joint ventures in the country to then see heads of ministries who are themselves full time superintendants of whole ministries to then oversee such a delicate and intense process. It necessarily means that the work of that committee will be very much constricted in terms of progress.
So, our view is that Permanent Secretaries be invited ex-officio to any such creature that would have been put in place, whether it is a board or department. If it is a joint venture to do with telecommunications, the Permanent Secretary in charge of the ministry to do with telecommunications then is invited to review that project. If it is a joint venture to do with roads, the Permanent Secretary in charge of roads is then invited ex-officio as opposed to congregating all Permanent Secretaries as contemplated to be the committee. Doing so would be self-defeating as no work will be completed in that committee.
Madam Speaker, we looked at the issue of the construction of the unit whether we go the committee route as proposed or we create a joint venture board. I think there is need to seriously consider the benefits of instituting an independent board which yes, it can then apply through the hon. Minister of Finance and Economic Development but to create a sub-unit within the ministry tends to divert the critical role that this
entity is supposed to be charged with. We strongly recommend that there be a joint venture board headed by a proficient and professional chairperson with selected board members who would then deliberate and look through the joint ventures as contemplated in the piece of legislation.
Madam Speaker, there is another area which we felt perhaps in the draft legislation may not resonate well with covenants in our
Constitution. There is contemplation in the draft law that if a consultant is hired and it goes to a ministry/department, the consultant asks for information. If you do not give that consultant information, you can be jailed for I think it says up to two or three years.
The issue is, there may be times when it is the view of a ministry official that the organisation is hostile to the interests of the country either you then cooperate or you do not provide certain information. So, I think, we need to put the law in a manner that they comply with information requests from the board or the Committee not necessarily to say, consultants can then come and cause the arrest and imprisonment of our citizens.
Madam Speaker, I want to end by urging that perhaps the report as submitted be referred back to the Committee so that the agreed substantive points are captured in that formal record. It is a matter that I intend to raise with Hon. Chapfika, who is the Chairperson of the Committee that in future, points that we have agreed on as a Committee must be sustained through to the National Assembly. Thank you.
- MARIDADI: On a point of order Madam Speaker. It is on a matter of procedure, we heard Dr. Mukanduri presenting a committee report and Dr. Kereke stands up and says that there are issues that they discussed and agreed on as a committee that Dr. Mukanduri’s report deliberately omits. – [HON. MEMBERS: Inaudible interjections] -
Now I am at a loss as to which committee report we should adopt because Dr. Kereke was speaking on behalf of the committee and Dr. Mukanduri was speaking on behalf of the same committee. So, which committee report should we consider? The one presented by Dr.
Mukanduri or the one presented by Dr. Kereke? - [HON. MEMBERS:
Inaudible interjections] – I hear what hon. members are saying but Dr.
Kereke says there were omissions in Dr. Mukanduri’s report which he raised with the committee that the committee did not take note of.
Madam Speaker, I seek your judgment on that one. – [HON.
MEMBERS: Inaudible interjections] -
THE ACTING SPEAKER: Order, order Hon. Maridadi you
raised a point of order and I wish to respond to that, may I be heard in silence.
Hon. Dr. Mukanduri presented the report from the Finance Committee and Dr. Kereke is merely adding information that has been omitted from the report which is acceptable in Parliament – [HON.
MEMBERS: Inaudible interjections] –
- MARIDADI: Madam Speaker, we do not want to mislead this House. – [HON. MEMBERS: Inaudible interjections] – Madam
Speaker, we are misleading the House … - [HON. MEMBERS:
Inaudible interjections] –
THE ACTING SPEAKER: Order, order I have acknowledged your point of order Hon. Maridadi with the view that Hon. Dr.
Mukanduri presented the report as directed by Hon. Chapfika from the Committee of Finance. Dr. Kereke also sits on the same committee, he was debating and adding information that had been omitted in the report
… - [HON. MEMBERS: Inaudible interjections] –
- MARIDADI: I wish to clarify because I do not think that you were listening … - [HON. MEMBERS: Inaudible interjections] – Come on, this is not right.
THE ACTING SPEAKER: Order, order, I do not think that there is need for further clarification. - [HON. MEMBERS: Inaudible interjections] –
- MASHAKADA: Madam Speaker, I have two contributions that I would want to make. - [HON. MEMBERS: Inaudible interjections] – The first contribution requires clarification from the
Minister… - [HON. MEMBERS: Inaudible interjections] – vaChinamasa ndinodawo clarification …- [HON. MEMBERS: Inaudible
THE ACTING SPEAKER: Order, order hon. members. May
Dr. Mashakada be heard in silence please?
- MASHAKADA: The first contribution is seeking direct clarification from the Minister regarding the Joint Ventures Bill. The Minister should make it very clear and make a distinction between joint ventures where natural resources are concerned that is joint ventures pertaining to the agriculture, farming or the mining sector and distinguish that from joint ventures based on private equity where a foreign investor partners Government with counterpart farms. Surely, the Bill must make a distinction between these two types of joint ventures.
The danger is that where natural resources are concerned, for example, in agriculture; how does one evaluate or put value to
Government’s contribution? Where a mine is concerned, how does one evaluate the contribution of Government by way of the deposits that are in the sub soil? So, I think that issue needs to be clarified. We must learn from past mistakes and I am talking about the Green Fuel venture which is one form of joint venture that went terribly wrong between Government and a private entity.
In the Green Fuel case, Government surrendered vast tracks of land to a private partner and we do not know what kind of shareholding that translates to because the private investor is operating his business on State land. We do not know what dividends are accruing to the State since it is a joint venture agreement. So it is very important to make a distinction between ventures which are based on natural resources and those based on monetary transactions, that is via private equity. We need the Minister to clarify.
The second clarification I am seeking is the threshold of equity between Government and a private player. We know we have the
Indigenisation and Economic Empowerment Act which stipulates that Government shall retain 51% and the investor will retain 49%. What is the intention of the Minister regarding joint ventures? Are you going to follow the Indigenisation and Economic Empowerment Act or there will be some variations in order to incentivise high capital projects? We need your clarification on that.
The other clarification is on tendering. We want to know whether investors who come via the joint venture route will be subjected to the tendering process, that is the State Procurement Board system or they will have their own tendering dispensation in order to expedite investments into the country? The other contribution which is not merely seeking clarification has to do with the location of the Joint Venture Unit. I think speakers who have spoken before me have expressed concern about the location of the Joint Venture Unit. We have the Zimbabwe Investment Authority and the One Stop Shop
Investment Centre. For me, that would be the proper place to locate the Joint Venture Unit because we do not have to re-invent the wheel and we need to expedite your investment location. So, ZIA’s one stop
Investment Centre could play such a facilitative role.
The last contribution hon. Minister, is that what is good for the goose is good for the gander. We need to improve the general doing business environment in order for joint ventures to succeed because joint ventures cannot succeed where private investment has failed. Investment is investment, whether it is for joint ventures or it is on private equity. So, we need to improve the doing business environment and address such bottle necks regarding work permits for the employees that will be recruited by the investor; the question of licencing, the bureaucratic licencing and red tape, the visa regime that investors are complaining of and of course, the repatriation of capital or dividends. All these things affect the doing business environment and so these have to be globally addressed in order to make joint ventures succeed. I thank you.
- MUKUPE: Thank you Madam Speaker. I just wanted to give my points concerning the Joint Venture Bill that we deliberated on and I want to re-emphasise on what Hon. Kereke pointed out. There were certain points that we deliberated on in the Committee that have not made their way into the report that was presented.
The first one that I want to bring to the attention of the House concerns the feasibility studies and by the very nature of the Joint Venture Unit, it is a technical committee and it being a technical committee, I think all the technical issues have to be really brought out today. One of the issues that we pointed out is that all the feasibility studies have to be bankable and I think that is a key point that has to be brought to bear.
The second issue relates to the composition of the board. The necessary skills that are needed when you are dealing with joint ventures are basically mergers and acquisition skills. Being skills that are needed it is important that you have the necessary laws involved in any of the joint venture transactions that you are working on.
The other point that I wanted to also bring to light is when you are talking about a joint venture, it does not matter which sector or which area you are dealing with. A joint venture is a joint venture. What is important are really matters that are around the valuations of the contributions of each and every party and that is an issue that whoever is considering a joint venture has to bring to bear. The last point that I also want to bring to your attention is that over and above valuation issues, there are also the issues that are related to roles and responsibilities, issues that have to be taken to bear. I thank you.
- NDUNA: Thank you Madam Speaker. What I need to enforce and emphasise is the issue of the alignment of the Joint Venture Bill with the coming on board of the special economic zones. From what I know and what I proposed on the special economic zones, is that a lot of issues are going to be addressed, in particular the issue of One Stop Shop, the ease of doing business, if all the points that I alluded to are taken on board and the issue of exploration. It is also key that we align our Joint Venture Bill with the exploration of our mineral resources so that we quantify our mineral resources, those that are embedded in the soil and on the land, also together with the harmonisation of our laws, in particular the Mines and Minerals Act and the Land Act, so that we are not duplicating efforts. I think in all honesty, if we put all these three motions that I brought in and align them with the Joint Ventures Bill, we will not duplicate Bills. Thank you.
- MARIDADI: Thank you Madam Speaker. The issue of joint ventures is very important because I think it enhances the
Government’s attempt on effective debt management. I would support that, but I think the report presented by Dr. Mukanduri here, they suggest that a member of our Committee should sit on the Committee of the Joint Ventures. In the interest of separation of powers, you cannot have a Member of Parliament sitting on a Joint Venture Committee because basically, our role is that of oversight and you cannot sit on a Joint Ventures Committee that is discussing Government business and then want to come to Parliament and do oversight on the Executive.
I think the issue of joint ventures should be left to the Executive and Parliament’s role should be that of oversight. Thank you.
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (MR. CHINAMASA): Thank you Madam Speaker,
I want to thank all the hon. members who have made contributions to this debate. They have made suggestions to improve the text of the Bill. I would want time to go through these recommendations so that I consider in my reply, which recommendations to take on board and which ones will not be accepted.
Therefore, I move that the debate be now adjourned.
Motion put and agreed to.
Debate to resume: Tuesday, 28th July 2015.
BUSINESS OF THE HOUSE
THE MINISTER OF FINANCE AND ECONOMIC
DEVELOPMENT (MR. CHINAMASA): I move that we revert to Order of the Day, Number 1.
Motion put and agreed.
CRIMINAL PROCEDURE AND EVIDENCE AMENDMENT BILL
First Order read: Second Reading: Criminal Procedure and Evidence Amendment Bill (H.B. 2015).
THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR.
MNANGAGWA): Madam Speaker, I rise to present the Second
Reading of the Criminal Procedure and Evidence Amendment Bill (HB. 2015) to the House. The Government remains committed to its constitutional duty to uphold and respect fundamental human rights and freedoms. As you may be aware, the coming into force of the new Constitution of Zimbabwe Amendment Number 20, Act of 2013, certainly brought about significant and progressive changes to the rights of accused persons in criminal matters and proceedings. This has necessitated amendments to the Criminal Procedure and Evidence Act in order to bring the Act in harmony with the new Constitution.
The Criminal Procedure and Evidence Amendment Bill will seek to update the Principal Act in many respects. This Act basically regulates the procedure that must be followed in criminal investigations and subsequent prosecutions thereof and nature of evidence that maybe adduced in the court of law.
Madam Speaker, the salient amendments is premised on the following objectives:-
- To ensure that suspects who have been arrested are accorded the rights which the Constitution guarantees them such as the right to remain silent, the right to contact their friends, relatives and their legal and medical advisors; and the right to be brought to court within 48 hours;
- To define the compelling reasons justifying the continued detention of the suspects as required by Section 50 of the Constitution.
- To ensure that accused persons receive fair trials as required by
Section 69 of the Constitution;
- To substantially improve the provisions connecting with the seizure, custody and disposal of articles for the purpose of criminal proceedings;
- To provide for judicial conferences to formulate sentencing guidelines; and
- To repeal unconstitutional provisions relating to the death penalty.
Madam Speaker, this now brings me to the contents of the Bill before the hon. members Clause 1 of the Bill sets out the Bill’s Short Title which is the Criminal Procedure and Evidence Amendment Bill, 2015. Clause 2, will amend Section 2 of the Principal Act by the insertion of a number of definitions. For instance, the definition of Statutory Capital Offence is now restricted to murder committed in aggravating circumstances. Similarly, the definition of an accused will now be confined to persons who have entered the criminal justice system as suspects.
Section 50 (1) (d) of the Constitution of Zimbabwe does not define compelling reasons justifying the continued detention of an arrested person. The definition of compelling reasons is clearly defined in this clause. There are other definitions of new phrases and words in this clause such as the definition of bodily sample, buccal sample, DNA, forensic DNA analysis and intimate sample. Madam Speaker, Clause 3 will amend part II of the Principal Act which deals with persecution at the public instance so as to align these provisions with Sections 258-263 of the Constitution.
Madam Speaker, hon. members might be aware that before the enactment of the new Constitution, the office of the Attorney General had two primary functions, that of undertaking criminal prosecutions and that of acting as principal advisor to Government. While there were provisions that the AG should not be subject to direction or control of anyone, there were other sections of our community that felt that the independence of the AG was severely compromised because of the two pronged functions. Against this backdrop, the new Constitution created a stand-alone National Prosecution Authority to undertake criminal prosecution and retained the AG in terms of Sections 114 and 115 for the sole purpose of acting as principal advisor to Government.
Madam Speaker, the new Section 5 makes the National
Prosecuting Authority and its officers, acting under the direction of the
Prosecutor General, responsible for public prosecutions. If the National Prosecuting Authority officers are not available, the Prosecutor General is permitted to authorize other people to prosecute. The new Section 7 is a re-enactment of Section 11(2) of the Principal Act and allows the taking over of a case instituted by one prosecutor to be continued by another prosecutor. Similarly, the new Section 8 will re-enact Section 9 of the Principal Act which deals with withdrawal of charges.
The important new section under this clause is Section 11A which will require the Prosecutor General to consult the Judicial Service Commission, the Law Society and other interested persons and bodies when in terms of Section 260(1) of the Constitution, he or she formulates the principles on which he or she decides whether and how to institute and conduct criminal proceedings. This statement of principles will have to be reviewed at least once every two years and published as widely as is practicable.
Madam Speaker, Clauses 5, 6 and 7 will deal with institution of private prosecutions. The clauses set out who are entitled to institute private prosecution and that such prosecution can only be conducted after the Prosecutor General has declined to prosecute and having issued a certificate to that effect. Further to that, a person instituting private prosecution in the High Court must deposit a sum of money as well as provide sureties to pay further amounts as a guarantee that he or she will institute such prosecution without delay. Another security is required for payment of costs to the person being prosecuted in the event of the prosecution being unsuccessful.
Clause 9 amends Section 22 so as to bring it in conformity with
Section 50 (2) of the Constitution which prohibits any extension of the 48 hours detention period for suspects who would have been arrested without a warrant.
Clause 10 will amend Section 35 which deals with issuance of warrants of arrests. The warrant of arrest will now be issued by any judge, magistrate or justice of peace other than a serving police officer.
Madam Speaker, Clause 11 inserts a new Section 36 which allows a person to be arrested on the authority of a warrant which has been transmitted by electronic means such as emails.
Clause 12 inserts three new sections that is Sections 39 (a), (b) and (c). By virtue of this Clause, a person who voluntarily appears at a police station for the purposes of assisting the police with investigations shall not be kept at the police station against his will unless he or she is lawfully placed under arrest. By virtue of this Clause again, the police in certain circumstances acting in pursuance of their socially protective function are empowered to detain persons for not more than 24 hours without necessarily intending to charge that person with a criminal offence. Persons who are not in their sound and somber senses in public place are examples of such circumstances where a person can be detained.
Madam Speaker, Clause 13 introduces a new area in our law which had not previously been provided for. The Clause will provide for the taking of a bodily or partial sample by a trained person for the purposes of forensic DNA analysis.
Section 50 of the Constitution proves for expanded rights of arrested persons which are not provided for in the Criminal Procedure and Evidence Act. Clause 14 thus seeks to insert a new Section 41 (a) which specifically provides for these rights.
Of equal importance is the fact that this clause also seeks to insert a new Section 41B which provides for the taking of a bodily or buccal sample by an authorized person, issuance of a warrant of arrest where the person who is required to submit to the taking of a sample resists and the admissibility of sworn affidavit deposed to by an authorised person upon its mere production as prima-facie evidence of the facts deposed therein.
The new Section 41C re-enacts the current Section 41 (2) to (5) of the Act without change save to provide for the taking of saliva and tissue samples since at present, only blood samples may be taken. The police are also required to keep proper record of arrested and detained persons.
Madam Speaker, Clause 15 repeals and substitutes Section 42 of the Principal Act. Section 42 of the Principal Act permits the killing of persons who resist arrest of attempt to escape arrest. However, by virtue of Section 86 (3) of the Constitution, the right to life cannot be limited except to the extent specified in Section 48 of the Constitution.
The new section permits person a authorised or required to arrest or assist in arresting another person to use such force as may be reasonably justified and proportionate in the circumstances if the attempt to arrest is resisted.
Madam Speaker, Clause 16 to 27 amend Part vi of the Act which relates to the seizure of articles used to commit offences or which may be used in courts of law as exhibits. These provisions have not been substantially revised since 1975 and there is need for improvement in order to protect both the police and the persons from whom the police seize the articles. For instance Clause 17 will now require a police officer to give a full receipt for any article being seized, whether or not the seizure was done under a warrant unless the article in question is one whose possession is intrinsically unlawful, for example, possession of dangerous drugs or substances.
Warrant of seizure or search if sought from a justice of peace other than a magistrate, that justice of peace must not himself or herself be a police officer. Further to that, when carrying out a search under a search warrant, a copy of the warrant must be furnished to the person whose rights have been affected by the search.
Madam Speaker, Clause 29 seeks to insert Section 115 C which will preface the provision dealing with the admission of an accused to bail pending trial by clarifying what are “compelling reasons” as provided in the Constitution and grounds for denying a detained person bail. It also provides for the burden of proof in bail proceedings. Currently, section 116, 117 and 117A of the Principal Act deal respectively with the granting of bail to an accused person but
“compelling reasons” are not defined.
Clause 30 merely seeks to amend section 127 so as to provide that the arrested person must be told at the time of his or her arrest and why he or she is being arrested in compliance of Section 50 (1) (a) of the Constitution and must be brought to a court of law within 48 hours as required by Section 50 (2) of the Constitution.
Section 127 of the Principal Act merely empowers peace officers to arrest persons who have been released on bail if they reasonably suspect the persons are likely to abscond or interfere with evidence and does provide for the need for an arresting officer to comply with the
Constitutional provisions referred to above
Madam Speaker, Clause 31 will categorically provide that the Prosecutor General or his or her Deputy or the person acting in the office of the Prosecutor General shall personally sign indictment papers for murder.
Madam Speaker, crimes of murder and culpable homicide are now statutory offences as defined in Sections 47 and 49 of the Criminal Law
Code respectively. Section 154 of the Principal Act sets out the wording on the charges of murder and culpable homicide. The wording is absolute since these offences were formally common law crimes.
Clause 32 will thus repeal Section 154 so that the charges of murder and culpable homicide will have to follow the words used to describe these offences in the Criminal Law Code. Similarly, Clause 33 will update references in Section 157 of the Act to the common law crimes of uttering forged documents and theft by false pretences as these crimes are now part of the statutory crime of fraud as provided for by the Criminal Law Code.
Madam Speaker, Clause 34 will insert a new Section 163A into the Principal Act which obliges magistrates to inform accused persons of their right under Section 70(1) (d) of the Constitution and Section 191 of the Act to be represented by a legal practitioner.
Clause 35 will insert a new Section 167A which will oblige the courts to investigate undue delays in criminal proceedings and effect remedial orders.
Madam Speaker, Section 180 of the Principal Act sets out pleas namely those of ‘guilty’ and ‘not guilty’ which an accused can tender upon being arraigned. Clause 36 will however, add some new pleas namely plea of immunity from prosecution and plea of having been granted permanent stay of prosecution.
Clause 37 will seek to oblige a magistrate when requesting an accused to outline his or her defence, to inform the accused of the right to remain silent and the consequences of exercising that right.
Madam Speaker, Clause 39 seeks to insert a new Section 258A which provides for the admissibility of illegally obtained evidence. It will thus guide the court during the exercise of its discretion for the need to strike a proper balance between the rights of the individual and the abuse of the law by the police, the victim and the public interest in compliance with Section 86 of the Constitution.
Clause 40 also seeks to insert a new Section 264, which provides for the admissibility of evidence of bodily appearance, health and prints of an accused and further empowers the court to order the taking of fingerprints, palm prints or footprints, blood, saliva or tissue samples from an accused, including examination of the accused.
Madam Speaker, Clause 41 will insert a new Section 334A which will give the Judicial Service Commission powers to convene Judicial Conferences for the purposes of formulating sentencing guidelines in order to bring about uniformity of sentencing by criminal courts in Zimbabwe. This is a new and progressive development in our jurisdiction.
Clauses 42 and 43 are also of paramount importance. As you may be aware, Sections 336 to 342 of the Principal Act provide for the imposition of death penalty. The imposition of death penalty is now unconstitutional to the extent of it not being consistent with the provisions of Section 48 of the Constitution.
Madam Speaker, Clause 45 will amend Section 389 of the Act in order to empower the Minister of Justice, Legal and Parliamentary
Affairs to make regulations prescribing;
- The translation into the constitutionally recognised non-English languages of the form of any warning or information that must be given to arrested and detained persons that is contained in the new Tenth Schedule to be added to the Act.
- The extent to which police officers and other peace officers may question suspects – equivalent of what used to be called “Judge
Madam Speaker, Clause 47 will seek to insert the Tenth Schedule which provides for the wording of the warning of rights that a police officer has to give to an accused person upon arrest. This can also be translated into the 16 official languages so that every arrested person is informed of his or her rights in a language which he or she understands as required by Section 50 of the Constitution.
The clause will further add an Eleventh Schedule providing for the form of notice issued by the police to owners of seized articles before such articles are destroyed or disposed of by the police.
Madam Speaker, Clause 48 will make minor and consequential amendments which are set out in the Schedule to the Bill. Lastly, Clause 49 will amend the National Prosecuting Authority Act to provide for the post of Deputy Prosecutor General and affect minor and consequential amendments to the Act.
Madam Speaker, hon. members, you will note that this Bill has addressed quite substantial issues calling for the alignment of the Criminal Procedure and Evidence Act to the New Constitution and those requiring general updates.
It is of paramount significance to note that the Criminal Procedure and Evidence Act [Chapter 9:07] was mostly affected by the enactment of the new Constitution in-so-far as the individuals’ rights and freedoms as enunciated in the Bill of Rights are concerned. It is against this background that I have seen it proper and prudent to prioritise the alignment of this Act with the new Constitution.
I, thus recommend the Criminal Procedure and Evidence Amendment Bill (2015) to the House and move that the Bill be read a second time. I thank you.
- MASHAKADA: Thank you Madam Speaker. I want to
congratulate the Vice President and the Minister of Justice, Legal and Parliamentary Affairs for introducing these far reaching reforms and amendments to the Criminal Procedure and Evidence Act. In particular, the outlawing of capital punishment is a revolution in the country since it is patently very unconstitutional.
However, I would like to ask the Vice President on his attitude towards torture. I did not quite get the section on torture. I thought one of the key amendments which should be included is that of doing away with torture on suspects who would have been arrested. This is so because it infringes the constitutional rights of suspects. I am just asking whether you can consider including torture in that list of amendments, that was very good. Thank you.
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (MR.
MNANGAGWA): Thank you Madam Speaker. I wish to thank Hon.
Mashakada for being able to follow this intricate legal presentation. It is true that I did not find it prudent to include torture because the current legislation outlaws torture. Unless there are areas that you think we can improve on, but on my study of that section, I think it covers the review that we should outlaw torture in our jurisdiction. It is quite adequate but, we are willing to look at any new suggestions that you may have beyond what is being provided for. It is for that reason that we have not included it but we had a long debate with lawyers on the content of that provision. I thank you.
- J.M. GUMBO: I move that the debate do now adjourn to give time to the Committee to look at the Bill.
- ANASTANCIA NDHLOVU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 28th July, 2015.
BUSINESS OF THE HOUSE
- J.M. GUMBO: I move that Orders of the Day Numbers 3 to 12 be stood over until Order of the Day Number 13 has been disposed
- ANASTANCIA NDHLOVU: I second.
Motion put and agreed to.
PEOPLE-CENTRED DEVELOPMENTAL POLICIES AND
MEASURES ON IMPROVING DOMESTIC PRODUCTION
AND FOREIGN DIRECT INVESTMENT
Thirteenth Order read: Adjourned debate on motion on the deteriorating social and economic conditions in the country.
Question again proposed.
*MR. CHINOTIMBA: Thank you Madam Speaker. I rose as I was about to debate and made a request that when I make my presentation, there be a video presentation or the clip that is part to my debate. I am unaware on whether the ICT people are ready or not. We wanted to look at the crux of the matter to find out what the causative reasons were. I am in agreement with everything that Dr. Mashakada did proffer in his debate but I wanted to look at the causatives or causative factors. I do not know if the video is now ready.
*THE ACTING SPEAKER: Hon. Chinotimba, may you please
resume your seat.
*MR. CHINOTIMBA: Before I resume my seat, I have heard rumours that a lot of people would not want the video to be shown. They would want to close this motion before we have had our chance to debate on it. It is my considered view that before they round up this motion, the whole country should know who started these things that have caused the decay of this country.
*THE ACTING SPEAKER: I have heard what you have said Hon. Chinotimba and we are requesting the ICT people to look into that so that the video can be played. That is what we are waiting for.
Video of Mr. Morgan Richard Tsvangirai talking on BBC was played.
-[HON. MEMBERS: Inaudible interjections]-
THE ACTING SPEAKER: Order, order! Hon. Chibaya and
Hon. Bunjira please behave yourselves.
- CHAMISA: Thank you Madam Speaker. Just a point of order in terms of our rules and our own statues that, a person who is not a Member of Parliament, who does not have a right to reply, may not be brought to the discourse. -[HON. MEMBERS: Inaudible interjections]- Yes, you know that it is consistent with our principles of natural justice that any person is supposed to be given the right to be heard. So, this is actually in violation of our own principles. He is not in a position to defend himself on this matter.
Madam Speaker, we do not know the context of what was said, we do not know the basis of what was said. So, we cannot just come and parachute something whose opinion is not going to be sought. You know that it is in violation of our own rules of Parliament. Thank you very much.
ZANU PF Chief Whip, MDC-T Deputy Chief Whip and Mr.
Chamisa approached the Chair for consultations.
THE ACTING SPEAKER: According to our national
Constitution, Section 148 of the Privileges and Immunities of Parliament (2) (c) provides for a right of reply through the Speaker or the President of the Senate as the case may be, for persons who are unjustly injured by what is said in Parliament. In accordance with this, we will allow this video to continue and if there are any points of clarification, we will allow the member concerned, who is the President of the opposition party, MDC-T to come and respond to the allegations through the
- CHAMISA: Thank you for your kindness Madam Speaker. This very Constitution you are referring to is not supposed to be read in isolation. You know that it accords rights and obligations. There is also the obligation of Parliament to have first advised Mr. Tsvangirai that we are – [HON MEMBERS: Inaudible interjections] – as a citizen of this country.
THE ACTING SPEAKER: Order hon. members! Can everyone
sit down? I, as the Speaker of Parliament on duty today, I have given a ruling that the Constitution provides for the opposition Leader to come and respond to the allegations in due course. Can you please continue with the video?
MDC-T hon. members began singing into oyenzayo siyayizonda. THE ACTING SPEAKER: Order! I will not hesitate to take action against the Deputy Chief Whip of MDC-T. Can you please be quiet so that this video can be heard in silence? May you continue with the video?
THE VICE PRESIDENT AND MINISTER OF JUSTICE,
LEGAL AND PARLIAMENTARY AFFAIRS (MR.
MNANGAGWA): On a point of order Madam Speaker. It is accepted that Members of Parliament can make constructive objections or interjections in Parliament but it is not accepted to be disruptive and unconstructive here. It is not proper for members of the opposition to sing in order that the ruling you have made – members felt here what is being said – I think Madam Speaker, you have the right to make sure there is order in the House. Every hon. member knows their rights and limitations to their rights in the House. May I plead with you that we bring order in the House?
THE ACTING SPEAKER: Thank you very much Hon. Vice
President for the insight. We stand guided by your experience as a former Speaker of Parliament.
- D. SIBANDA: On a point of order. My point of order is that I want to point out that I do not think BBC had given Hon. Chinotimba the authority or this recording – [HON MEMBERS: Inaudible interjections] – We cannot use a pirated video clip in this august House.
THE ACTING SPEAKER: According to what you are saying
Hon. Sibanda, there is no point of order. I will not hesitate to dismiss any points of order of disruption of debate. You will debate after Hon. Chinotimba. I will advise Hon. Chinotimba that this video that is playing is also part of your debating time as well. Can you please continue with the video? Please sit down; I will not take any point of order.
Serjeant-At-Arms escorted Mr. Chibaya out of the Chamber. MDC-T hon. members walked out in protest.
*MR. CHINOTIMBA: On a point of order Madam Speaker,
when the video was being played, the members of the Opposition Party were making a lot of noise. I ask that it be replayed because the members in here need to understand from the very beginning including the media.
*THE TEMPORARY SPEAKER: Thank you Hon. Chinotimba,
I need to remind you that when the video is being played, it is also part of your debating time.
Video of Mr. Tsvangirai talking to BBC was replayed in the House.
*MR. CHINOTIMBA: Thank you Madam Speaker, my
colleagues, hon. members from the Opposition party, ran away from owning up from what they started. For this country to be in this sorry state is because of Mr. Tsvangirai and Hon. Dr. Mashakada. Hon. Dr. Mashakada, as a former Minister in the Government of National Unity, I would not have expected him to stand up and say that the ruling party, President Mugabe and myself included are destroying the economy. Hon. members, you saw it from the video the person who caused all these problems. He is the one who brought vendors into town. He has even said, shut out Zimbabwe, there should be no inflows in the form of transport or anything for Zimbabwe.
Madam Speaker, that is what caused sanctions. The British and Americans had nothing to do with us, they did not want to impose sanctions on us. They had to do it at the instigation of the MDC, that is why they placed Chinotimba on sanctions. Madam Speaker, sanctions for reclaiming my father’s land. We used to live in Devure Range, we were forced out there.
Mr. Chinotimba having vacillated from one language to the other language.
*THE ACTING SPEAKER: Order, order, Hon. Chinotimba, you
cannot vacillate from one language to the other.
*MR. CHINOTIMBA: I wanted the whites to also hear what I am saying – [Laughter] - Such issues are painful to us. Well Vice President Mnangagwa is here, we have heard that he has been on the long track begging. It is not possible for Mr. Tsvangirai to then now ask that sanctions be uplifted or removed because people have died.
Madam Speaker, may I go back and say, yesterday you heard them saying that the workers are suffering because of the law. They have 25 workers who have been suffering since 2010, they have not been paid. Such hypocrisy cannot be allowed. They have no love. The workers have taken the MDC-T to Court. Madam Speaker, I am a trade unionist. There is no one who can talk about removing a speckle in your eye when they themselves have a log in their own eyes.
- MUKWANGWARIWA. On a point of order Madam
Speaker, I move that the hon. member’s time be extended by five more minutes.
- HOLDER: I second.
MRS. MISIHAIRABWI-MUSHONGA: I object.
- HOLDER: On a point of order Madam Speaker. This is an august House, we have to respect the institution. In our Standing Rules and Orders, it tells us about the dress code. Madam Speaker, I need to stand guided, if Hon. Misihairabwi-Mushonga is dressed properly – [Laughter] -.
*THE ACTING SPEAKER: There is a point of Order raised by
Hon. Mukwangwariwa considering an extension to Honourable
Chinotimba’s time which has been seconded but since there has been an objection, Hon. Chinotimba cannot be given more time to debate on the motion.
*DR GUMBO: Madam Speaker, I wanted to say that we had to speak because of the video. Hon. Misihairambwi-Mushonga is trying to throw some spanners into the works. Her colleagues have gone out, she has just come here to disturb the debate, if we were to just have a peaceful coexistence, she should desist from such behaviour. She is an old Member of Parliament, we do not know what purposes your point of orders want to serve. This is not good.
THE ACTING SPEAKER: What is your point of order Hon.
MRS. MISIHAIRABWI-MUSHONGA: My point of order is
that what is good for the goose is good for the gander. The reason why I have stood up is until people can give dignity to other people as they want that dignity given to them, we will. But, in the interest of what Hon. Gumbo has said and to be a better person, I will withdraw my point of order. But, I surely will not sit in this House and continuously go through this sexual abuse particularly when the Leader of the House is here. Otherwise, I will stick to my point of order. If you are going to
treat me properly then we will, it is as simple as that. It is going to be a negotiation you stand up and ask him to withdraw his statement and I will do exactly the same. –[ HON MEMBERS: Inaudible interjections]-
*THE ACTING SPEAKER: Order, we accept the withdrawal by the Hon. Misihairabwi-Mushonga and that we allow Hon. Chinotimba ten more minutes to speak. But, we urge male Members of Parliament who are in here not to talk too much about the manner of dressing and deportment by female hon. Members of Parliament. We do not take kindly to that. It is our view that you will be looking down upon us. We want to be respected in this august House. I ask Hon. Holder to withdraw his words as regards to the dressing of Hon. Misihairabwi- Mushonga. – [HON. MEMBERS: Hear, hear.]- Hon. Chinotimba, you have been granted the permission to debate.
*MR. CHINOTIMBA: Thank you Madam Speaker, I agree with Hon. Mashakada, on the issue of corruption. True, if we are not going to talk about issues of corruption, our country will not develop. But, it is not a preserve of the ruling party. Even in the GNU, when Mr.
Mangoma was the Minister of Energy, he removed board members and what was called Mobile and then came up with Petrotrade. He removed the people who were working in Mobile and then he replaced them with his own people. This idea of any Minister who comes into Government bringing his own people is corruption. What that means is that when your ally goes into a parastatals, they will be stealing and they will be serving your interest. Mr. Mangoma exhibited the type of corruption in removing the boards of the Ministry of Energy and replaced them with people from nowhere. I am saying that it is not the ruling party that is corrupt, all opposition parties have corruption even with ruling party members. Board members should not behave like the permanent secretary. We should not have permanent board members who are members for life and that kills our economy even in the councils.
At the moment you saw people crying, mourning that their houses are being demolished to the ground because they are members of the other party that is in Government. You go and destroy houses built by members of ZANU PF and you leave those from MDC and when you say you are now going to regularise after leaving the members of the opposition and you allocate stands to members of the opposition party, that is total corruption.
I am in agreement with his assertion that there is corruption. Corruption can be eradicated by these parties that there should not be favouritism in dealing with offenders. As they have the majority of city councils, they should lead by example by giving ZANU PF members the jobs so that in a way, the ruling party will then be ashamed of its behaviour and copy from this good behaviour, good corporate governance. In fact, what they are doing is a situation of bad to worse, from the proverbial pan into the fire. We now have vendors because of the MDC. The entire country has been destroyed. You have heard even the journalists that are in here, maybe it is because I do not understand English but my own understanding is he was saying the truth that this country should suffer. He was not even worried that the same people that he wanted to suffer are his voters. He wanted electricity to be withdrawn and the people then suffer. This is an issue of pretending to be good in broad daylight, then at night Nicodemously and say punish them. I want to give an example, of my video, because if you see that video although I may not have time, you saw how it started. People now know and they should not blame President Mugabe. We should not turn a blind eye.
Can you now go to part two of the video?
*THE ACTING SPEAKER: May you please show Part 2 of the video as requested by Mr. Chinotimba as he resumes his seat.
A video was shown in which Mr. Tsvangirai was talking relative to what Mr. Chinotimba alluded to.
*MR. CHINOTIMBA: Madam Speaker, we have not seen the picture but we have heard the audio. Tomorrow when this country falls down or when there is violence, this is a Christian country and belongs it belongs to the people. We also have our own tradition. Violence can start from this man. He can be the causative agent, not that they will be involved in feast fights. It is very dangerous for a man in this country to then say that the gay should fall in love. When you talk about it, they refuse. This is corruption and such corruption should be stopped in this country.
I thank Hon. Misihairabwi and she is the only member of the opposition because she is no longer MDC-T or MDC Ncube, she is now just a person –[Laughter]-
THE ACTING SPEAKER: Order, Order.
MRS. MISIHARABWI-MUSHONGA: On a point of order Madam Speaker.
THE ACTING SPEAKER: Order, what is your point of order Hon. Misihairabwi-Mushonga?
MRS. MISIHAIRABWI-MUSHONGA: Madam Speaker, I say
this very seriously. If we are going to turn this country into a country of abuse in the manner that we are doing, I do not think that we are moving forward. I genuinely would ask Hon. Chinotimba to again withdraw that. I have a right to sit in this Parliament, participate, hear the debate that is going on, but there is no right for anybody to abuse me. I refuse to be abused. So can he withdraw that?
THE ACTING SPEAKER: I appeal to Hon. Chinotimba that
what you have said against the hon. member not belonging to a political party that she belongs to, as well as any abuse that you have used, to please withdraw your statement.
*MR. CHINOTIMBA: Thank you Madam Speaker. Firstly, I
would want to withdraw the word that she is now an ordinary person. Hon. Misihairabwi is an hon. member. I withdraw my statement. But, I am very happy Madam Speaker and I will end up my discussion on who is responsible for sponsoring the sanctions, who is pro-gay and lesbians, who is not for the welfare of the workers when they are failing to look after their workers. We have heard here that Tsvangirai …
THE ACTING SPEAKER: Hon. Chinotimba, your time has ended. –[HON. MEMBERS: Hear, hear]-
*MR. MUPFUMI: Hon. Speaker, I will now give my maiden
speech in reply to a motion by Hon. Mashakada. Firstly, I would want to thank our President for having won resoundingly. At the time, I was not yet a Member of Parliament. I would want to thank the Speaker in absentia on his appointment because when he assumed his position, I was not yet a member of this august House. I would also want to thank Dangamvura/Chikanga and all my supporters for having elected me to represent them in this august House.
The bad image that was painted by Hon. Mashakada on the Zimbabwean economy, all these problems are caused by the MDC. We are all aware in this country that the MDC went for the stay-aways, encouraging all workers not to come to work. They were a problem to the majority of the companies. A lot of companies closed shop and a lot of people lost their jobs because of the MDC that was calling for stay- aways. The MDC went further and approached the Americans and the British and called for sanctions against Zimbabwe. The Americans came up with ZIDERA that bars us from trading with the Americans.
The IMF was also told to impose sanctions on Zimbabwe. All countries that are linked with the Americans that are good for our economy were also ordered to impose sanctions upon us by the MDC. That had an effect on our balance of payment and we then started looking East. We went to China and to date, there is now development in Zimbabwe. We observe that recently, Vice President Mnangagwa undertook a trip outside the country with a view to ensuring that Zimbabwe develops. A round of applause for him for the job well done during the past week. –[HON. MEMBERS: Hear, hear]-
The MDC clandestinely go about to ensure that Zimbabwe should be given these sanctions and that nothing good should come to
Zimbabwe. They have nothing constructive to say about this country. All they do is to say a lot of negative issues and they sing their masters’ tune. Whenever they observe that the economy has gone down, they blame the Government. They then come with a motion in this Parliament and say Government has failed. What has the Government done wrong?
What has President Mugabe done wrong?
We know that for the MDC to be there, their awareness came because it was President Mugabe who brought education, of which they are now able to discern what is good, right and wrong. The MDC is arching to a once blind person, and the sight was restored on that person by President Mugabe. Then the former blind person bites the hand that feeds him. That is the nature of MDC. They go worldwide and what they are busy promoting is the imposition of sanctions on Zimbabwe and we observe things being run down.
The roads in Chikanga/Dangamvura have been run down. They are in a sorry state. They have a water bowser in Chikanga. We know that there is a lot of water in Manicaland. Water is drawn from the reservoirs at the Christmas Pass. We know that water can further be reticulated in Chikanga. It is not because the Government failed but it is because the local council is made up of the MDC. Government gave a portion to the city council so as to ensure that pipes would be purchased for
Dangamvura/Chikanga. The tender was given to a bogus company without carrying out due diligence. The $300 000 was lost and the last pipes were never delivered to Dangamvura.
This is the corruption that Hon. Chinotimba was making reference to. We are busy delivering water to Dangamvura using water bowsers. All this was caused by MDC that has failed to have good corporate governance in councils. The motion that Hon. Mashakada has brought is a result of the problem to the problems that they brought upon us. This motion is senseless because what Hon. Mashakada is saying is nonsensical. It is like a thief who has stolen and they say let me tell you who has stolen - it is me. It is meaningless.
The World Bank constructed a water tank in
Dangamvura/Chikanga. They poured a lot of money into that project. Hon. Vice President came and supported such good work, but to date, no water has been drawn into that water reservoir. The reason is that the MDC led council in Mutare is not able to look after its own people as a local government. They have no operations that enable water to be drawn to Dangamvura/Chikanga. It means that the MDC is still in that mode of making sure that they please their masters, the Americans and the British at the detriment of our own local people. There is nothing meaningful benefitting residents of Dangamvura and Chikanga.
All hon. members who are here are aware of the fact that in order for the country to continue moving well, we should have good relations the world-over. We should be able to export to them and they will be exporting to us in turn. How are we able to have foreign direct investment when our own Opposition is not home-grown? Our Opposition is being used by the whites who are also our former colonisers.
Madam Speaker, we are aware of the fact that this country attained its independence after the shedding of a lot of blood. A protracted struggle ensued for a long time before we had a cease fire when we had a peace agreement after sitting down with the whites. Once we assumed power as the black people, we had a willing buyer/willing seller situation in as far as land was concerned. At the appointed hour, we demanded for the return of our land which was the major reason why we had to take to the bush and proceed to an armed struggle.
At that time there was Margaret Thatcher, later there was Tony Blair and the other time there was George Bush. They reneged on the previous promise saying they were still in school at the time when the promise was made. We are aware of the fact that the war veterans who fought for the freedom of this country went and occupied the land and as a result, there was a new Act to do with the new dispensation. The whites then came up with their petty project that was meant for the removal of President Mugabe which is the MDC.
The mandate of the MDC is to ensure that every rosy thing in this country is turned into ashes and not move well. The MDC is after ensuring that the economy of this country is destroyed. It is not bringing anything to enhance the socio-economic aspects of our people’s lives who are peace-loving, God-fearing and love their leader. They have a mandate for regime change.
They come to Parliament and whenever they are in this august
House, nothing constructive is done. During the Question and Answer Session, they will be busy heckling Ministers who are responsible for the development of this country. The objective of this House is to ensure that there is a people-centered development in this country. It is incumbent upon Parliament as an august House to ensure that the people who are represented appreciate the representation but alas the MDC is busy taking us back by throwing spanners into the works. They bring motions to say, Zimbabwe has gone down the drain; the economy has gone down the drain; hospital delivery services and road services have gone done the drain; there is a total collapse of the economy and people no longer have money yet all this was caused by the MDC.
The motion by Hon. Dr. Mashakada is not meaningful as it does not further our cause. One cannot come here to give us answers to questions that they have set. They should call for the removal of sanctions so that we can move forward.
Madam Speaker, two to three weeks ago, the MDC leader was on television saying that he had the key to this country’s economy. He is now talking about the economic meltdown. We urge his leader to give us the key. I urge Parliament to ask Mr. Tsvangirai to give us the key so that we can open the economy of this country. They do not want to proffer solutions to ensure that our country moves forward but merely saying that the country has gone down the drain and that ZANU PF has failed to run this country. His reasons are frivolous and are of no use to us.
Madam Speaker, this is my first time to speak in this august House.
I observed that when we sit in this august House, hon. Members of Parliament move to the front in order to make their contributions. The majority of the time, we do not hear what will be transpiring as we sit at the back. We request that more microphones be installed so that we are able to follow debates.
I also observed during the Question and Answer Session that there are announcements to the effect that a certain vehicle is wrongly parked.
Our constituents will be listening and they query as to why our cars are always wrongly parked at the expense of business time. Let us do things that show that we are hon. members. There are a lot of old cars in the car park, may they be removed so as to create adequate parking space?
Madam Speaker, Dangamvura-Chikanga Constituency was an
MDC led constituency for a long time and there are no adequate schools and clinics. At the time when the constituency was under the MDC leadership, I observed that a lot of stands were allocated to members of the MDC. There were double or thrice allocations in an area called
Federation that was given to Mr. Biti’s wife who then allocated stands to some Americans. She returned and allocated the same stands to a lot of people. As we speak, there are two people on each of the stands. The same applies to Gimboki South, the main Gimboki and Chikanga.
Looking at the issue of bridges, the bridge leading to Dangamvura Hobb House, there are no schools in Hobb House. The schools are actually in Dangamvura and children have to cross through a sewerage pipe. There is a danger that children are going to be injured as they cross. We kindly request for a bridge to be constructed immediately as there is no road infrastructure to Chikanga. We request that urgent road infrastructure be put in place.
The clinics are not working 24/7 and there are no clinics on Saturdays. The clinic in Fenn Valley operates from Monday morning until 1600 hrs. We request that it operates for 24 hrs a day.
As we move towards the edge of the town, as Government, we advocated for ‘Housing for All by 2020’. We should walk the talk and ensure that we allocate houses or stands so that our people can have their own houses. Dangamvura has houses that are being managed by the City Council and two families share a room which they divide with a curtain.
If a husband has to go to work at night leaving his wife behind with a boy sleeping in that same room, he would not be able to concentrate on his work because he would be afraid for his wife. We urge that these houses be allocated to single people and that they should have title deeds to those houses. The second person who is sharing should be given an alternative stand and build their own accommodation. The same applies in Sakubva.
Gonese, as a member of the MDC has no time to see the lives of people in his constituency. All he does is talk and support Hon.
THE ACTING SPEAKER: Order Hon. Mupfumi. He is called
Hon. Gonese in this august House.
- MUPFUMI: I am sorry. It is difficult to respect a traitor -
(Laughter). Hon. Gonese, he should see that three people that live in Sakubva share the same house, still have communal toilets and communal baths. You practically bath while you are biting your soap. Should you put it on the ground, it will be stolen. We urge Hon. Gonese to look into the issue of Sakubva. I thank you Madam Speaker.
- ANASTANCIA NDHLOVU: Thank you Madam Speaker.
I would like to thank you for affording me this opportunity to add my voice to this motion moved by Hon. Dr. Mashakada where he speaks to the fact that there is an economic meltdown in our country according to his motion which is a direct consequence of lack of market confidence, corruption and poor revenue inflows.
Madam Speaker, I do agree with him that our economy is not doing as well as it must, but I differ with him very strongly on the reasons why our economy has suffered. I would like to state it very clearly and categorically in this House and in the process, congratulate and applaud His Excellency for the good job that he did for this county from 1980 to 2000. Madam Speaker, we saw President Mugabe’s Government with his lieutenants being able to change the lives of our people for the better through the pro poor approach that he took since 1980.
It is very sad that when His Excellency decided to fulfill the reason why Zimbabweans had gone to war with the British, that of giving the land back to its rightful owners, it did not go down well with our former colonisers and they found, amongst ourselves, some puppets and sellouts that they could use, in the name and person of Morgan Tsvangirai who then was a leader of the workers in the country through the ZCTU as its Secretary General.
Madam Speaker, the same Morgan Tsvangirai became the president of the opposition party, Movement for Democratic Change
(MDC) and was used to incite violent demonstrations in 1998 to 2000. After the formation of his party, when the President gave land to the people of Zimbabwe, the whites saw it fit to impose illegal sanctions upon the people of this country and that has contributed greatly to the challenges that our people are facing and the fact that our economy is not doing well.
Sanctions are a form of war. They are a form of terrorism and anyone who invites sanctions upon the people of this country is indeed an enemy of the people. I want to state that the major effect of sanctions has been felt greatly and mainly by the young people and women. The young people, Madam Speaker, as you may be aware, have been denied their right to employment due to the sanctions. The young people have been denied their right to a quality and affordable education, especially those in tertiary education, due to these illegal sanctions, but we thank God for giving us President Mugabe who, due to his wisdom and visionary leadership, managed to lead this nation to this day.
I do not even understand how we have come this far and how we could have done so if we did not have President Mugabe as our leader because, as you are aware, the sanctions have really affected our people and our economy. All the same, let me take this opportunity to also thank and salute the people of Zimbabwe for resolutely standing behind
President Mugabe’s leadership and the ZANU PF Government through thick and thin.
Madam Speaker, I would also like to say that at the peak of the economic meltdown in 2008, this country witnessed the biggest health pandemic that the country has ever witnessed in the name of the cholera epidemic. Because of the effects of the sanctions, our health sector has been affected, but we still need to thank President Mugabe’s leadership for managing to curb this cholera outbreak which in my view, was not even an ordinary or natural outbreak. I strongly believe that the detractors of this country had actually planted cholera into our society, but once again we thank God that we managed to pull through and we have come this far.
Madam Speaker, the women of this country have suffered greatly as a result of the sanctions. We saw an increase in maternal mortality, we saw pregnant women being unable to deliver safely due to the deterioration of the health sector as a result of the illegal sanctions which were called upon this country by the leader of the opposition, Morgan Tsvangirai. All the same, the women refused to sell out. They still refused to dance to the tune of the detractors and they once again voted for President Mugabe to be President of this country and buried, once and for all, the retrogressive Inclusive Government. So, I also would like to take this opportunity to salute the women of this country for remaining resolute despite the challenges that they face. We know how much the women take the social responsibility forward
Due to the same sanctions that I spoke of, there was an increase in child mortality, but I must applaud Government, labour, President Mugabe and his loyal lieutenants because as I stand now, despite the challenges that the economy is facing due to the sanctions, we have seen tremendous progress. For example, in the reduction of the HIV prevalence rate. We are one of the countries in the region that have managed to achieve that despite the challenges that we face.
I would also like to thank President Mugabe for the ‘Look East Policy’ which addressed the issue which Hon. Mashakada raised. He says there is need to start dialogue with all national stakeholders and the international community as if nothing is happening. We saw four or five years back, President Mugabe assigning his ministers to go and reengage the EU and as Hon. Mupfumi said, just last week, we witnessed the Hon. Vice President, Hon. Mnangagwa engaging on a trip to China to further the interest of our country to strengthen the already strong ties that we have with the Chinese from the time of the liberation struggle and the diplomatic ties established in 1980. So, I am not sure if Hon. Mashakada is deaf or probably blind because the media wrote about these reengagement trips and even the radio has been speaking about these things and he still has the audacity to allege that nothing is happening and that it must start. So what needs to happen instead is to applaud Government for progress made this far. We also saw President Mugabe in August last year, engaging on a trip to the Far East, particularly to China, to meet with his counterparts. That resulted in a number of deals and Memorandum of Understandings signed between our Government and the Chinese Government, which engagements the Vice President has also gone to consolidate. So, all this Madam Speaker is progress.
I would like to end Madam Speaker, by saying that Hon. Mashakada is not correct to say that Government needs to foster inclusive economic growth, coming up with economic blue print et cetera because this country already has an economic blue print in the name of ZIM ASSET which has people at heart which is pro-poor and it is indeed inclusive. We have seen all these efforts being made by our senior leadership all in an effort to make sure that ZIM ASSET gets the funding that it needs in order to improve the livelihood of our people.
Not only people have been affected by these illegal sanctions, even animals, the wildlife sector, Madam Speaker. It is so sad; you know the issue of the ballooning elephant head in Hwange National Park, the challenges with regards to conservation efforts owing to the fact that the National Parks and Ministry of Environment do not have adequate resources. Animals do not vote, they do not know anything about politics but they are also suffering from the effects of these illegal sanctions. Morgan Tsvangirai says he wants to lead this country – over our dead bodies Madam Speaker.
Madam Speaker, I would want to thank you once again for affording me the opportunity to add my voice to this motion and as I do that, I would like to call on all Zimbabweans to take heed of the words of our leader, President Mugabe when he opened this august House, that we should remain united and be able to celebrate our differences in a progressive manner. I would also like to call on all young people of this country to also remain resolutely behind the leadership of President
Mugabe and his Government. The youths must also know that the MDC has nothing to offer to the young people, women or anyone in this country and that there is only one party in this country led by President Mugabe, which is able to fulfill the wishes and aspirations of the people of Zimbabwe. Thank you.
- MANDIPAKA: Thank you Madam Speaker. Mine is not a
debate on this motion, I have just stood up as a follow up to the Ruling by the Speaker two days ago on the point of order that I had raised in connection with what Hon. Misihairabwi-Mushonga who has just gone out said in this debate.
So, I have just stood up to put the record straight that this afternoon, Hon. Misihairabwi-Mushonga came to me and my colleagues who are here, can confirm to that. She has apologised for having made some malicious utterances that I was employed by the Smith Regime.
So, I have accepted her apology and we forge ahead. Thank you.
THE ACTING SPEAKER: I have heard you Hon. Mandipaka
but we will allow Hon. Misihairabwi-Mushonga when she is back, to make a formal withdrawal to that statement.
- MUKWANGWARIWA: I move that the debate do now
- ANASTANCIA NDHLOVU: I second.
Motion put and agreed to.
Debate to resume: Tuesday, 28th July, 2015
On the motion of MR. MUKWANGWARIWA, seconded by MS
ANASTANCIA NDHLOVU, the House adjourned at Five o’clock p.m
until Tuesday, 28th July, 2015.