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NATIONAL ASSEMBLY HANSARD 26 JULY 2022 VOL 48 NO 64

PARLIAMENT OF ZIMBABWE

Tuesday, 26th July, 2022

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

PRAYERS

(THE HON. DEPUTY SPEAKER in the Chair)

     HON. C. MOYO:  Thank you Madam Speaker Ma’am and good

afternoon.  My point of national interest arises on the benefits of SDRs Madam Speaker Ma’am. 

     In 2009, we received around USD400 million, and realised a lot of

improvement in our citizens in terms of lifestyles.  This year, we received USD961 million, we have not seen any great improvement like what we realised in 2009.  I therefore request Madam Speaker Ma’am that the Hon. Minister of Finance and Economic Development brings a Ministerial Statement detailing what has been released so far, and the benefits thereof.  I thank you.

          THE HON. DEPUTY SPEAKER:  Thank you Hon. C. Moyo.  The Government Chief Whip will convey the message to the responsible Minister so that he brings a Ministerial Statement.

          *HON. TEKESHE:  Thank you Hon. Speaker Ma’am.  My point of national interest arises on the issue of vendors in our country.  Vending is being regarded as a criminal offence and yet there are no jobs in the country.  Am I connected Madam Speaker Ma’am?

          THE HON. DEPUTY SPEAKER:  No, you are not.  Please may you be connected?

          *HON. TEKESHE:  My matter of national interest pertains to vendors in our country.  Vending is being regarded as a criminal offence that is punishable more than murderers and robbers yet there are no jobs in the country.  Since there are no jobs and we are beating, harassing and confiscating their wares, vendors have now resorted to stealing and committing various criminal offences.  We are all aware of the fact that jobs are scarce and the Ministry of Public Service, Labour and Social Welfare is doing nothing to alleviate the situation.  Other countries have no problems of vendors because their Social Welfare provides requisite support which we do not have.

          Madam Speaker, you are well travelled, and I am sure that you have had opportunity to visit the zoo.  In zoos, we see zoo workers playing with wild animals, and the animals do not hurt them.  This is because the animals are well fed.  As Government, we should ensure that our citizenry is well fed and allow them to vend until such a time that they secure employment.  There is a saying that a hungry man is an angry man, and he can do anything in order to put food on the table.  Hence our country will not be habitable. 

          My request is for Parliament to come up with relevant laws to protect and allow vendors to eke a living.  We are always complaining about our paltry salaries, and yet vendors have nowhere to complain because they do not have anything.  I am saying these people are not vending in order to be rich …

          THE HON. DEPUTY SPEAKER:  Hon.  Tekeshe, remember it has to be One Minute.

          HON. TEKESHE:  Yes, Madam Speaker, thank you.  These people are not vending in order to amass wealth but to put food on the table.  Let us allow them to do so.  Could the relevant Hon. Minister bring a Ministerial Statement on what measures are in place to cater for the peaceful operating of vendors?  Vendors only operate in peaceful environments during election time and they wish for elections to be conducted annually.  I thank you.

          *THE HON. DEPUTY SPEAKER:  Thank you Hon. Tekeshe.  The Government Chief Whip will convey your message and request to the responsible Minister so that he brings a Ministerial Statement then you can seek clarity.

          HON. MASENDA:  Thank you Madam Speaker Ma’am and good afternoon.  My point of national interest is centered on the production and sale of agricultural products with particular reference on the production of maize.

          Madam Speaker Ma’am, I feel maize being our staple food is not being given the priority it deserves in terms of the buying price being offered to the farmers.  The buying price for maize as it stands now is USD90.00 plus RTGS75 000.00 per tonne of maize which translates to USD90.00 plus USD75.00 having converted the RTGS component to USD using the parallel market rate which now stands at USD1 to RTGS1 000.00.  I have had to use the parallel market rate because most farmers do not have access to the foreign currency auction that operates under the Reserve Bank.  The total buying price Madam Speaker Ma’am, therefore, stands at USD165.00 per tonne. 

          It therefore means that the farmer can only buy two bags of Compound D after having sold one tonne of maize.  To grow one hectare of maize, a farmer requires 350 kg or seven bags of compound D and another seven bags of AN per hectare. 

          Madam Speaker Ma’am, producing maize is no longer viable and not sustainable to the farmer.  To explain clearly, let me use what I may term...

          THE HON. DEPUTY SPEAKER:  Hon. Masenda, remember it has to be one minute, you are now debating. 

          HON. MASENDA:  Okay, I will cut it short and go to my prayer.  I pray Madam Speaker Ma’am that the authorities consider paying maize or pegging the price in US dollars as we have embraced the multi-currency system.  I therefore propose that the buying price be pegged in US dollars, with USD90 being paid in hard currency as our economy has embraced a multi-currency system and the balance being paid in RTGs, payable at the  bank rate of the day.  I wish to thank you Hon. Speaker Ma’am.  

          HON. MASENDA:  Thank you Hon. Masenda.  I advise you to ask the responsible Minister tomorrow on Question Time. 

MOTION

BUSINESS OF THE HOUSE

          HON. TOGAREPI:  I move that Orders of the Day, Numbers 1 to 18 be stood over until Order of the Day Number 18 has been disposed of.

          HON. TEKESHE:  I second.

          Motion put and agreed to.

          (v)HON. CHIDAKWA:  On a point of order Madam Speaker. My point of order arises from a number of points of national interest.  In Parliament we are around 270 and if you only allow three MPs per sitting, which is only two days per week, it will take us five years for one person to also have that chance.  Can you adjust that so that we can all have a chance? These are the questions which our constituents want responses. With the powers that you have, can you make sure that we all get a chance?  Thank you.

          THE HON. DEPUTY SPEAKER:  Hon. Chidhakwa, some of the points of national interest which Hon. Members are raising can be asked to Hon. Ministers during Question Time, not to raise them as points of national interest.  I think three per day is enough.  We do not have to increase the number of Hon. Members who raise points of privilege to more than three. 

          (v)HON. CHIDAKWA: During Question Time, the numbers are also limited. 

          THE HON. DEPUTY SPEAKER:  They are limited because you spend most of your time making noise, not concentrating on the business of the day. 

MOTION

CONDOLENCES ON THE DEATH OF HON. LEONARD CHIKOMBA

          Eighteenth Order read: Adjourned debate on motion on the death of Hon. Leonard Chikomba.

          Question again proposed. 

          *HON. T. ZHOU: Thank you Madam Speaker.  I want to thank the Hon. who moved the motion on the life of Hon. Chikomba.  We worked with Hon. Chikomba here in Parliament.  I came to Parliament together with him in 2013.  We worked together serving in the Mines Committee.  Hon. Chikomba is a man who was principled. He was a man who stood on his word and did exactly what he would have said.  He was the eldest Hon. Member in our Mines Committee and to us, he was full of wisdom. That is where we used to get guidance from. 

          Madam Speaker, we are deeply pained by the loss of Hon. Chikomba whom I also served with in the Midlands Province which happens to be his home area where he came from.  His constituency is called Gokwe-Kabuyuni.  He was a well-known man in every area; wherever he went he was known as brother.  He was also known as a person who was very respectful and honoured each and every person whether you are young or old.  He was full of respect for everyone. 

          Madam Speaker, it is painful to lose one of our members here in Parliament because of a road accident.  Road carnage has cost the lives of so many people, not only MPs but ordinary citizens as well.  What we want to urge the public is that as people travel - we realised that our President is engaged in road rehabilitation and because of the good road network, people are now overspeeding – [Laugher.] -

          THE HON. SPEAKER:  Order, order.

          *HON. T. ZHOU: The road network is so good now such that I saw Hon. Hwende speeding along the Bulawayo road on his way to the burial of Hon. Sen. Khupe because he knows that the roads were rehabilitated by our President Dr. E. D. Mnangagwa.  I urge my fellow Hon. Members that because of our good road network - my request is that you need to consider your speed when driving on those roads. I also urge the citizens to also make sure that they do not speed on these roads because of the road rehabilitation that has improved the standard of our roads. For those people who went there, you were able to see how important and how honoured he was by the number of people who attended the funeral. He is someone who knew how to work with his constituents. If we are to consider those who are coming in as Gokwe-Kabuyuni MPs, they will take a leaf from Hon. Chikomba. Madam Speaker Ma’am, with these few words, I want to thank you for the opportunity that you have given me.

          *HON. MPARIWA: Thank you Madam Speaker for affording me this opportunity to add my voice and pass my condolences to the family of Hon. Chikomba who was the MP for Gokwe-Kabuyuni. If there is a life of Parliament that has lost Hon. Members, it is the Ninth Parliament. We have lost a lot of Hon. Members and I am saddened because of the frequency of deaths. Death is not something that is acceptable or that you get used to. The only person who knows the diary of death is God.

          Hon. Chikomba worked well in this House. He was very humble. I used to meet him outside; he would always greet me and I would respond accordingly. I would then say to myself, I want to know this MP because each day he used to greet me. I remember at one time he asked me if it was pride. So, I want to say that as we go through life, let us pray for one another and let us always do well to one another because we do not know the day when death will visit us.  

          When we come to this august House, we come here to address issues that affect our constituencies and also the nation at large. As Members of Parliament, let us remain united. I am sure people of Gokwe-Kabuyuni were satisfied with the way Hon. Chikomba worked. They knew that their MP was able to represent them and for us to have a legacy is because when others stand up to speak, we should respect each other. I never saw Hon. Chikomba being booed or heckled when he stood up to debate.

          I therefore urge all of us to speak with one voice,  be united and agree on issues that affect the ordinary people. I want to thank the Government for the honour that it gave to the MP and also appreciating the work that he did during the liberation struggle. I did not know that he had such a history dating back from the liberation struggle. I wish that all the liberation fighters and veterans could take leaf from the life of Hon. Chikomba because right now, if we were to ask you as an individual what legacy you have and what people would say about you when you are dead, you will realise that it is a difficult question.

          So a good historical background is only possible in the way you behave with those you live with and as a representative of the people. I want to thank those who moved the motion for us to give tribute to Hon. Chikomba. That has enabled us to talk about him and also console the family. Probably the wife did not know that Hon. Chikomba was such an important man. Right now if she is listening, she will be shocked with what we are saying.

          So I want to thank the mover and I also want to pass my condolence message to Gokwe-Kabuyuni and for them to know that they are not the only ones who lost, but we have also lost a great Hon. Member. Some people know each other from their totems, from their rural areas and when we are in Parliament, we are a family. What we discuss here is for our country to develop. We want our constituencies to develop as well. With these few words, I want to thank you Madam Speaker for giving me this opportunity to talk about Hon. Chikomba.

          I never had an opportunity of exchanging harsh words with him. So, all I want to say is - may his soul rest in eternal peace. It is said that the dead do not know their good works but those who are alive can give tribute and talk about the goodness of one when he is gone. With these few words, I thank you Madam Speaker.

          *HON. CHITURA: Thank you Madam Speaker. I want to add a few words on the life of Hon. Chikomba. Hon. Chikomba was a good man, a man full of love and we cannot say because he is gone it is okay -  he was a good man. He loved everyone and he talked to everyone despite age. He used to greet you despite being younger or older. When he passed on, everyone knew who he was. When others pass away, people ask which one is that and they request for that person’s photo to see who that person is but not with Hon. Chikomba.

          Hon. Chikomba was a Christian and I am sure when we all went to Gokwe, we saw the Roman Catholic Church there. He always used to say to me, when you see me in church, you will not know that it is Hon. Chikomba.  I asked him, “with your weight is that possible?”  He told me that when they went to China, the Chinese called him the big man. 

             We went to his home area.  I do not think there is an Hon. Member who did not attend his funeral.  We were amazed by what we saw.  Most people say that they have a lot of developments at their homes but we were amazed by what we saw at his homestead.  He built a beautiful home such that he was not embarrassed when people visited.  Those of us who are still alive, I pray that we have love among us, work together and also develop our homes. 

             Hon. Chikomba was full of love; he loved his people.  Most people were mourning the loss of their hero.  I have realised that if I do not add my voice to Hon. Chikomba’s tribute, I would remain indebted.  With these few words, I would want to say may his soul rest in eternal peace.  I thank you. 

              (v) *HON. NYOKANHETE:  My deepest condolences on the loss of Hon. Chikomba.  Hon. Chikomba was a man who was in very good books with all Hon. Members.  He looked after us where we stay.  He was a free man and very jovial.  If you did not greet him first, he greeted you and he was always sociable.  It would not have been surprising for him to be a Chairperson of a Committee or a Deputy Minister.  There are some people who have been elevated to higher positions and ended up not greeting people.  It is surprising how people forget their counterparts once they have become Ministers.  Hon. Chikomba was not like that.  He was able to even talk to MPs from the opposition.  He was not a person with pride.  Some people, once elevated, are seized with pride and do not talk to others.  As Hon. Members, we should have good moral values reflecting that “ubuntu” in us.

             Let us not forget the people because we have been promoted.  This is because in politics, you can rise today and tomorrow you will fall from that high position.  For you to be able to fit into the society where you ignored people, it will be difficult.  What I want to say is that once elevated, remember to greet others.  You do not lose anything by greeting others.  That is how Hon. Chikomba was.  He was very humble. With these few words Madam Speaker, I thank you for the opportunity that you have given me. 

             *HON. SAMSON:  Thank you Madam Speaker Ma’am for the opportunity that you have given me to speak on the motion on the death of Hon. Chikomba.  What I want to say about him is that from the time I got to know him, I realised that he was someone who was very sociable and could fit into any situation.  Those who are poor and those who are rich, he saw them all the same as people.  What I learnt was that, he did not hate anyone or discriminate against anyone. 

             When we went to his home for his funeral, I learnt a lot from there.  His homestead is close to Chitekete Business Centre.  We saw the whole community giving testimonies on how they learnt business ideas from Hon. Chikomba.  I also noticed that Hon. Chikomba was a farmer. When you got to his homestead, you could tell that he was a farmer.  However, I was deeply disturbed when we went to the accident scene and realised that he was very close to his homestead.  That is how life is.  I think those who attended his funeral learnt something from there.  There are testimonies that are given because a person is no longer there but mourners gave concrete and true testimonies of what happened in their area.  People in that area revealed that they were left like sheep without a shepherd.  They were not sure whether they will have a leader or an MP who will represent them in the way that Hon. Chikomba represented them. 

             As a farmer, people in that area gave testimonies that the widows in Gokwe would get school fees from working on his farms.  He would not say that because I have given you money for the work that you have done, that is it, but he would also give each one a bucket of grain to go and feed their children.  Those that want to learn should take a leaf from Hon. Chikomba so that on such a day that we leave this earth, people will be able to give testimonies of the good work we would have done. 

             I also want to thank you for the opportunity to debate this motion. I worked with Hon. Chikomba a lot, especially in the Committee on Mines and Energy.  We travelled together during our work as a Committee.  With these few words, I want to say Hon. Chikomba, may your soul rest in eternal peace and hope to see you in the life to come.  I thank you.                   

             (v)*HON. JAJA: Let me start by saying that Hon. Chikomba was a good person and he never looked down upon anyone. He was always there to comfort you in good and bad times. He told me to look for a job or something to do in life so that I could earn a good living after I leave this place. He told me that he had scotch carts to hire in his constituency and he advised me to copy that as business in my constituency.

          There is no one in this Parliament who was in bad books with Hon. Chikomba. I am very grateful and I would like to say may his soul rest in eternal peace.

          (v)*HON. RAIDZA: Thank you Madam Speaker Ma’am for giving me the opportunity to add my voice on the demise of Hon. Chikomba. I worked with Hon. Chikomba since 2018 when we met here at Parliament. I discovered that he was a good man who knew what he wanted. He was a person with great integrity and who imparted words of wisdom to us young parliamentarians.

          I have a lot of things that I learnt from Hon. Chikomba. A lot has already been said by others who spoke before me. I learnt from him how to execute my representative role. He told me that I needed to go back to my constituency and hear what the people had to say so that I could represent them well here in Parliament. This helped me a lot since I was a young Member of Parliament. Likewise I had a lot to contribute towards debates in this House due to the help given to me by Hon. Chikomba.

          I also learnt about good values from Hon. Chikomba. He taught me to respect and work with everyone so as to create good relations because we as leaders needed to leave a good legacy behind. Hon. Chikomba was free to everyone and could listen to every problem. Hon. Chikomba had no grudge with anyone. With these few words, I would like to say may his soul rest in eternal peace.

          (v)*HON. CHIMBAIRA: Thank Madam Speaker for giving me the opportunity to add my voice on Hon. Chikomba’s history. I am not going to repeat what has already been said by others. What I want to say is that I met Hon. Chikomba in 2005 when I first came to Parliament. During that period, we worked together hand-in-hand and there was nothing that could trigger animosity between us.

          He was not worried about anyone’s status in life. We are greatly hurt by his death because he was not sick; he just died because of the accident. This is so painful. We saw a lot of developments in his homestead which greatly showed us that he was an organised man.      I just wanted to give background information of the period 2005 to 2008 when we worked together.

          Hon. Chikomba was a forthright person whom you could not find fault in his ways. With those few words, I would like to say may his soul rest in peace. I thank you.

          HON. DZUMA: I would like to add my voice on the motion raised by Hon. Ngwenya and seconded by Hon. Moyo. I am one of the people who went to attend the burial in Chitekete. Most of the times, I would call him uncle because he belonged to the shumba totem. A lot of people would respect him because he was well mannered.

          All the Hon. Members in the Mines Committee respected him because he owned a transport and logistics business. When I attended the burial in his rural area, I discovered that all that is being said by Members of Parliament is testimony to the good works of the fallen giant. If Parliament could understand and give us personal drivers, I think it will help us because the road was good without potholes but fatigue contributed to the death of Hon. Chikomba as the journey was long.  We are kindly asking for drivers from the Parliament of Zimbabwe.  We have not yet come to terms with his death and we wish one day we could see him entering the House.  I do not think I will have a homestead like Hon. Chikomba’s.  We met him here as he was already a Member and he inducted us on how to conduct Parliament business and what was expected of us.  The 10th Parliament which is coming next year will not be enjoyable in his absence but I greatly appreciate the attendance of MPs and Cabinet Ministers, Hon July Moyo among them and Mr. Zvamada.  This shows that Hon. Chikomba was a well respected man.  Only a few people have the opportunity to be visited at their homesteads by His Excellency.  It was a bad day caused by the death of Hon. Chikomba because if God had not taken him away, we would not have seen all that we saw at his homestead.  Thank you Madam Speaker Ma’am. 

          (v)*HON. SEREMWE: Madam Speaker, I am very hurt by the passing on of Hon. Chikomba.  He was a well respected man who taught us values and expectations of Parliament.  If all Members of Parliament could behave like Hon. Chikomba did, it would be very nice.  We went to Zuva Filling Station one day and he never showed any signs of being an Hon. Member.  He was very humble and I think we have a long way to go to behave like him.  As we celebrate his life, we need to also change our values and to respect everyone just like Hon. Chikomba did.  I thank you.

          (v)*HON. PRISCILLA MOYO: Madam Speaker, I would also like to add my voice to the debate on Hon. Chikomba.  He was a good man as mentioned by many Hon. Members.  He approached me when he heard that I come from Mwenezi and said you are from my rural area.  I was also very happy to know that there was someone from my constituency at Parliament.  As Mwenezi Constituency, we had a child who represented Gokwe-Kabuyuni Constituency.  Most of the people in Mwenezi could not attend the funeral but we really felt pained by his death.  He was a good man and we served in the same Foreign Affairs Committee.  The last time we attended the meeting together, he was very well but I was surprised to hear of his death.  It is so painful how we lost him.  It is unfortunate that you cannot bid farewell to a person who dies in a road accident because you just receive a death message.  We say may his soul rest in peace.  We will meet again.  I thank you.

          (v)*HON. P. ZHOU:  I would also like to add my voice on the motion moved by Hon. Ngwenya, seconded by Hon. Moyo from the Midlands Province.  I am very hurt by the death of Hon. Chikomba. We used to sit at the same bench and he would assist me on how to ask questions.  He taught me the proceedings of the House so well.  He was a humble man though he was very rich.  He told me to work hard and go back to the constituency and listen to my people’s problems. He also taught me how to lead the constituency. His homestead was well-built and really showed that he was a good man who knew what he wanted. He motivated people on what to do. He loved his family and wife so much. He was so proud of his wife and children. A lot of Members of Parliament just talk and do not praise their wives but Hon. Chikomba was different.

Hon. Chikomba also gave me a seat even though I am a proportional representative Member of Parliament. You could feel comfortable with him. The Kabuyini Constituency is a nice place. A lot of activities were led by him in his Constituency. He also offered us accommodation. The Midlands Province and the country at large lost a son in Hon. Chikomba.

I would also like to thank everyone who attended the burial of Hon. Leonard Chikomba and everything went on well. I wish he could wake up and see how hurt we are. I would also like to thank all those who contributed and urge everyone that what we did for Hon. Chikomba must not end there. We must do that to everyone. I thank you Madam Speaker and may his soul rest in peace.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Wednesday, 27th July, 2022.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that we revert to Order of the Day, Number 5 on Today’s Order Paper.

Motion put and agreed to

SECOND READING

PRIVATE VOLUNTARY ORGANISATIONS AMENDMENT BILL [H. B.10, 2021]

Fifth Order read: Adjourned debate on motion on the Second Reading of the Private Voluntary Organisations Amendment Bill.

Question again proposed.

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Let me start by thanking all Hon. Members who made contributions to the Private Voluntary Organisations Amendment Bill. The contributions were extensive and were useful. We responded as extensively as the Members had contributed and most of their concerns were taken into consideration with the amendments that were submitted. I am happy with the Bill as it stands at the moment.

Madam Speaker, this is a Bill that will bring order into the PVO sector. It will make sure that there is clarity on how PVOs are registered, are supposed to operate, the specific mandates and geographical areas, the level in our country at which they are supposed to operate, be it at district, provincial or national level. The necessary partnerships with Government agencies and departments, everything is clearly outlined.

There is also clear indication of the coordination mechanism that Government will use in order to coordinate the activities of PVOs. There is also clarity and adequate safeguards against money-laundering and the proliferation of terrorism which is an international requirement and which we had to abide by as Zimbabwe. So, I am very happy with the Bill Madam Speaker as well as the amendments that we have proffered. It is on this basis that I propose that the Bill be now read a second time.

Motion put and agreed to.

          Bill read a second time.

          Committee Stage: With leave, forthwith.

COMMITTEE STAGE

PRIVATE VOLUNTARY ORGANISATIONS AMENDMENT BILL [H. B. 10, 2021]

          House in Committee.

          Clause 1 put and agreed to.

          On Clause 2:

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair.  I move the amendments standing in my name that in paragraph (a) (i) before the definition of “funds or other assets” to insert the following –

          “Financial Intelligence Unit” or Unit means the financial intelligence unit referred to in section 6A of the Money Laundering an Proceeds of Crime Act [Chapter 9:24];

          “Office” refers to the Office of the Registrar of Private Voluntary Organisations;

  • In paragraph (b), by the deletion of sub-clauses (4) – (7).

Amendments to Clause 2 put and agreed to.

Clause 2, as amended, put and agreed to.

          On Clause 3:

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair.  I move the amendments standing in my name that on page 3 of the Bill, by the deletion of Clause 3 and substitution of the clause as follows –

          “New Parts substituted for Part 11 of Cap. 17:15”

          Part 11 of the principal Act is repealed and the following is substituted –

          Part 11

          OFFICE OF THE REGISTRAR OF PRIVATE VOLUNTARY ORGANISATIONS

  1. Office of the Registrar of Private Voluntary Organisations

          (1)  There shall be an Office of the Registrar of private voluntary organisations in the Ministry responsible for social welfare, in which shall be lodged the register of private voluntary organisations.

          (2) The Office shall be headed by a Registrar who shall exercise general supervision and direction of the registry and shall be assisted by one or more assistant Registrars, inspectors and such other officers as may be necessary for the proper administration of this Act, whose offices shall be public offices and form part of the Public Service:

          Provided that until an appointment of a Registrar is made, the person for the time being holding the office of Director of Social Welfare shall be the Registrar.

          (3)  Subject to this Act, the Registrar shall –

          (a)  Consider and determine every application for registration and every proposed cancellation or amendment of a certificate of

registration; and

          (b) hear representations by any association, organisation or institution claiming entitlement to be registered as a private voluntary organisation; and

          (c) advise the Minister and registered private voluntary organisations in respect of any matter arising out of the administration or operation of this Act or any other matter referred to it by the Minister or the Registrar; and

          (d) to promote and encourage the co-ordination of the activities of registered private voluntary organisations having similar or related objects; and

          (e) to submit to the Minister, an annual report concerning the administration and operation of this Act; and

          (f) maintain at his or her office, a register of Private Voluntary

Organisations in which he or she shall enter all such particulars in relation to the registration of private voluntary organisations and constitutions as he or she required to enter. By or in terms of this Act or any other enactment or decision of the court;

          Amendments to Clause 3 put and agreed to.

          Clause 3, as amended, put and agreed to.

          On New Clause 3A:

          THE MINISTER OF PUBLIC SERVCIE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move to propose a new Clause 3A, on page 4 of the Bill, by insertion after Clause 3 of the following Clause –

3A Amendment of Section 7 Cap. 17:05

Section 7 (“Partial exemptions of private voluntary organisations” is amended –

  •         In subsections (1), by deletion of “and after consultations with the Board”,
  •         In subsections (2), by deletion of “in consultation with the Board”
  •          In subsection (4), by deletion of “level three” and substitution of ”level five”

Amendments to new Clause 3A, put and agreed to.

New Clause 3A as amended, put and agreed to.

On New Clause 3B:

          THE MINISTER OF PUBLIC SERVCIE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move to propose the inclusion of a New Clause 3B that on page 4 of the Bill, by the insertion after Clause 3A of the following clause –

          “3B Amendment of Section 8 of Cap. 17:05

Section 8 (“Temporary Authority to collect contributions”) is amended

 in subsection (1) by the deletion of “after consultation with the chairman of the Board”

          Amendments to New Clause 3B put and agreed to.

          New Clause 3B, as amended put and agreed to.

          On New Clause 3C:

          THE MINISTER OF PUBLIC SERVCIE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move to propose new Clause 3C.  On page 4 of the Bill, by the insertion after Clause 3B of the following –

          ‘3C New Section substituted for section 6 of Cap. 17:15

          Section 6 (“Private Voluntary Organisations to be registered”) of the principal Act is repealed and the following is substituted –

          Private Voluntary Organisation to be registered

  1. (1) In this section –

“sanctionable trust” means a trust that may be dealt with by the Registrar in terms of subsection (7) on the basis that it is reasonably suspected of being in violation of subsection 2.

(2) No trust, body or association of persons corporate or unincorporate or any institution –

  • Whose objects or any of them include any of the objects specified in paragraph (a) to (h) of the definition of “private voluntary organisation”, and
  • Is not exempted by virtue of any of the sub-paragraphs (i) – (x) of the definition of “private voluntary organisations”,

Shall to the extent that it does not exclusively use its own funds or assets (that is to say, funds or assets generated by its own investments or other gainful activities carried on by itself) but instead –

  (c) seeks or obtain financial assistance from any source within or outside Zimbabwe; or

(d) Collects contributions from the public, for the fulfillment or purported fulfillment of those objects:

Shall commence or continue to carry on its activities unless it has been registered in terms of this Act (even if it is a trust registered with the High Court referred to in sub- paragraph (iii) of the definition of “private voluntary organisations” in section 2).

(3) No person shall collect contributions from the public except in terms of this Act.

(4) No person (other than a trustee of a sanctionable trust in respect of which no action by the Registrar in terms of subsection (7) has yet been taken), shall in any manner take part in the management or control private voluntary organisations, knowing that the organisation is contravening subsection (2).

(5) Any person (other than a trustee of a sanctionable trust referred to in subsection (4) who contravenes subsection (2), (3) or (4) shall be guilty of an offense and liable –

(a) in the case of a contravention of subsection (2), to a fine not exceeding level 12 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment;

(b) in the case of a contravention of subsection (3), to a fine not exceeding level 12 or to imprisonment for a period not exceeding one or both such fine and imprisonment

(c) in the case of contravention of subsection (4), to a fine not exceeding level 12 or to imprisonment for a period not exceeding two years or to both such fins and such imprisonment.

(6) No unregistered private voluntary organisation shall be entitled to receive a grant from the State.

(7) The Registrar may in respect of any sanctionale trust, dispatch the trustee or any of trustees of the trust in question, a written notice setting forth the basis on which the Registrar reasonably suspects the trust of being in violation of subsection (2) and requiring that the trustee commences within thirty (30) days of the registration of the trust as a private voluntary organisation in terms of the Act.

(8) Any trustee who having received a notice in terms of subsection (7) fails to comply with such notice shall, together with any other person who is a joint trustee of that trust in question, be guilty of an offence and liable to a fine not exceeding level 10, or both such fine and such imprisonment and the trust in question shall (even if not trustee is prosecuted under this subsection) be guilty of an offence in terms of subsection (2), and depending on the circumstance, subsection (3) and (4).

(9) Notwithstanding the common law, a trust together with its trustees can be charged jointly in respect of any offence alleged to have been committed by it and its trustees against subsection (2), (3) or (4).

(10) A trustee served with a notice under subsection (7)  shall have a right within fourteen days of the date when the notice was dispatched to make written representations to the Registrar to have the notice withdrawn on the basis that the notice was made in error and if the Registrar –

(a) accepts such representations, the Registrar shall notify to the trustee in writing, of the withdrawal of the notice; or

(b) rejects such representations the Registrar shall notify the trustee in writing accordingly and the thirty (30) day period within which the trustee must commence from the date of the notification of such rejection.”

Amendments to New Clause 3C put and agreed to

New Clause 3C, as amended put and agreed to

On Clause 4:

THE MINISTER OF PUBLIC SERVCIE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendments standing in my name that Amendment of Section 9 of Cap 17:05, Section 9 (“Registration”) of the principal Act is amended –

  • In section 9 (1) by insertion of “and prescribed fee.” After “constitution of the organisation.”
  • By insertion of the following new subsection

(“1) (a) In addition to the requirements in subsection (1), the Registrar shall require particulars as shall be prescribed, including information related to beneficial owner and persons in control of the private voluntary organisation”.

(c) in subsection (3), by the deletion of “submit any such objection to the board for consideration” and subsection of – “submit any such objection to the board for consideration” and substitution of “take such objection into consideration.”

  • By repeal of subsection (5) and substitution as follows –
  • Where the Registrar is satisfied that the requirements referred to in subsections (1), (2), (3) and (4) have been complied with, he or she shall consider the application, together with the constitution of the organisation, any objection to the grant of the application and any further information supplied in connection with the application may –
  • After considering the application, grant it and issue to the organisation concerned, a certificate of registration subject to such conditions as he or she may impose; or
  • Reject the application if it appears to his or her that:
  • The organisation is not bona fide operating in furtherance of the objects mentioned in its application for registration; or
  • The organisation does not, in respect of its constitution or management or any other information required to be provided by the Registrar, comply with the provisions of this Act,”

(c ) in subsection (6), by deletion of “Board” and substitution of “Registrar”.

Amendments to Clause 4 put and agreed to.

Clause 4, as amended, put and agreed to.

          On Clause 5:

          THE MINISTER OF PUBLIC SERVICE,

LABOUR AND SOCIAL WELFARE (HON.

PROF. MAVIMA): Thank you Hon. Chair.  I move

the amendment standing in my name that in Clause 5; “5 Amendment of Section 10 of Cap. 17:05

Section 10 (Cancellation or amendment of certificate”)

of the principal Act is amended as follows—

          (a)     in subsection (1) by the deletion of “Board” and the substitution of “Registrar”;

          (b)     in subsection (1)(a) by the repeal of paragraph (a) and substitution as follows—

“(a) on any ground, other than a ground referred to in Section 9(5)(b)(i) or (ii) upon which he could have rejected an application for registration by the organisation concerned; or”;

             (c)  in paragraph (f)(ii) by the deletion of “three” and substitution of “one”;

  • in subsection (2) in the chapeaux by the deletion of

“Board may at any time direct the Registrar” and substitution of “Registrar may at any time”;

  • in subsection (2)(b) by the deletion of “Board” and the substitution of “Registrar”;
  • in subsection (4) by the deletion of “three” and the substitution of “twenty- one days”;”

            Amendment to Clause 5 put and agreed to.   

          Clause 5, as amended, put and agreed to.

          On Clause 6:

          THE MINISTER OF PUBLIC SERVICE,

LABOUR AND SOCIAL WELFARE (HON. PROF.

MAVIMA): Thank you Hon. Chair.  I move

the amendment standing in my name that in Clause 6;  6A New section substituted for section 14 of Cap. 17:15

Section 14 (“Appeals”) of the principal Act is repealed and the following section is substituted—

“14   Appeals

  • Any private voluntary organisation which is aggrieved by any decision of the Registrar relating to the rejection, either wholly or in part, of an application for registration or exemption or to the cancellation, amendment, surrender or restoration of a certificate of registration or exemption, may appeal against that decision to the
  •      Upon an appeal the Minister may––
  •       uphold the decision of the Registrar; or
  •      refer the decision back to the Registrar for re-consideration; (whether with or without directions on how the decision is to be reconsidered) on any one or more of the following grounds—
  •      allowing extraneous or irrelevant considerations to affect the decision; or
  •      failure to take into account relevant considerations in arriving at the decision; or
  •       any material mistake of fact or law that tainted the decision; or
  •       interest in the cause, bias, malice or corruption on the part of any person involved in making or contributing to the decision;
  •      gross irregularity in the proceedings or the decision of any person involved in making or contributing to the ”.

          (v)HON. MUSHORIWA:  Excuse me, Mr. Chairman, we have a technical problem.  Which Bill are we debating? I am experiencing some technical glitches.

          THE HON. CHAIRPERSON: It is the Private Voluntary Organisations Amendment Bill - [HON. ZIYAMBI: Muudzei awuye kuHouse.] - Can you come to the House please Hon. Member? [(v)HON. MUSHORIWA: Mr. Chairman on a point of order, I am still having an outstanding ]

          Amendment to new Clause 6A put and agreed to.

          New Clause 6A, as amended, put and agreed to.

          On new Clause 6B:

THE MINISTER OF PUBLIC SERVICE

LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair, I move the amendment standing in my name that in new Clause 6(b); 6B Amendment of section 18 of Cap. 17:05

          The principal Act is amended in Section 18 (“Branches not controlled by private voluntary organisations”) by the deletion of “after consultation with the Board”.

          Amendment to new Clause 6B put and agreed to.

          New Clause 6B, as amended, put and agreed to.

          On new Clause 6C:

THE MINISTER OF PUBLIC SERVICE

LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair, I move the amendment standing in my name that in new Clause 6C; 6C Amendment of section 19 Cap. 17:05

The principal Act is amended in section 19 (“Audit of

accounts”) in the proviso by the deletion of “Board” and

substitution of “Registrar”.

          Amendment to new Clause 6C put and agreed to.

          New Clause 6C, as amended, put and agreed to.

          On new Clause 6 D:

THE MINISTER OF PUBLIC SERVICE

LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair, I move the amendment standing in my name that in new Clause 6(d); 6D Amendment of Section 20 of Cap. 17:05

The principal Act is amended in section 20 (“Inspections and examination of accounts”) by the deletion of the chapeaux in subsection (1) with the substitution of the following—

(1) The Registrar, or any of the Office’s inspectors shall be empowered—”

          Amendment to new Clause 6D put and agreed to.

          New Clause 6D, as amended, put and agreed to.

          On Clause 6E:

THE MINISTER OF PUBLIC SERVICE

LABOUR AND SOCIAL WELFARE (HON. PROF.

MAVIMA):  Thank you Hon. Chair, I move

the amendment standing in my name that in new Clause 6E; 6E Insertion of New Part in Cap.17:05

The principal Act is amended by the insertion of a new Part after Part III as follows—

PART IIIA

CONDUCT OF PRIVATE VOLUNTARY ORGANISATIONS

20A Principles governing private voluntary organisations

(1) Every private voluntary organisation shall endeavour to conduct itself and its operations in accordance with the following principles namely that—

(a) to ascertain the identity of donors and the sources of donations:

Provided that if the donor is anonymous, the private voluntary organisation must satisfy itself by other means that the donor is acting in good faith within the law and that the donation is made in good faith without intent to evade the law;

  • to refuse donations from illegitimate or immoral sources and to report to the Registrar and the appropriate authorities any such donation of which it becomes aware;
  • to ensure that its resources and every donation is used for the charitable objects for which the private voluntary organisation is registered;
  • to account transparently to its stakeholders including its donors and beneficiaries for the manner in which it distributes its funds and implements its programmes;
  • to use formal channels (that is to say registered banking institutions or other financial intermediaries regulated in Zimbabwe or in any other State) for the transmission of its funds at every point from source to destination;

not to discriminate between beneficiaries on the grounds of nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock:

Provided that it shall not be deemed to be discriminatory for a private voluntary organisations to favour beneficiaries of a particular group if its express object or one of its express objects is to benefit any disadvantaged group or members of such group of a particular description in terms of ethnicity, social origin, language, class, religious belief, custom, culture, sex, gender, marital status, age, pregnancy, disability, economic or social status, or persons born out of wedlock;

  • not to conduct themselves in any politically partisan manner whether by using its resources to benefit members of a particular affiliation or making any test of the political allegiance of its beneficiaries;
  • to be sensitive generally to the cultural values and norms of the community in the area where they will be primarily operating;
  • to economically and socially benefit the community in the area where they will be operating;
  • in as far as possible to employ personnel who are Zimbabwean citizens or permanent residents as members of their staff;

the implementation of fair and safe labour practices;”.

          Amendment to new Clause 6E put and agreed to.

          New Clause 6 E, as amended, put and agreed to.

          Clauses 7 and 8 put and agreed to.

          On new Clause 9 A:

  THE MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair, I submit the new Clause 9A,

“9A New section inserted in Cap. 17:15

The principal Act is amended by the insertion after section 22A of the following sections—

22B Co-operation with foreign counterpart authorities

  • The President or the Minister with the

President’s authority, may enter into agreements with the Government of any other country or territory with a view to the rendering of reciprocal assistance in any or all of the following—

          (a) the registration of private voluntary organisations and the exchange of information related thereto;

  • the exchange of information and the rendering of mutual assistance related to the combating of the transnational abuse of private voluntary organisations form for criminal purposes, the monitoring of the quality of the assistance given and the keeping of records of requests for information or assistance and of the responses thereto;
  • the administration of any office or offices that are a counterpart to the Office of the Registrar of Private Voluntary Organisations, including the mutual secondment and training of the staff of the Office and such
  • In particular, an agreement referred to in subsection (1) may empower the Registrar or the financial intelligence unit of the Reserve Bank, on his or her or its own behalf or on behalf of any law enforcement agency, to seek beneficial ownership or other information in respect of any company from the foreign counterpart, and, likewise, may provide beneficial ownership or other information in respect of any company to the foreign
  • The President may at any time revoke any such proclamation by a further proclamation in the Gazette, and the agreement shall cease to have effect upon the date fixed in such latter proclamation, but the revocation of any proclamation shall not affect the validity of anything previously done
  • Any agreement referred to in subsection (1) may be made with retrospective effect if the President considers it expedient to do so.

22C Information sharing on private voluntary organisations of concern with foreign counterpart authorities

  • In this section—

“private voluntary organisation of concern” means a private voluntary organisation suspected of terrorist financing or involvement in other forms of terrorist support.

  • The FIU, may in consultation with the Registrar enter into agreements with a counterpart agency of another Government of any other country or territory with a view to the exchange of information and the rendering of mutual assistance related to the combating of the transnational abuse of private voluntary organisations form for criminal purposes, the monitoring of the quality of the assistance given and the keeping of records of requests for information or assistance and of the responses
  • In particular, an agreement referred to in subsection (1) may empower the Registrar or the Financial Intelligence Unit of the Reserve Bank, on his or her or its own behalf or on behalf of any law enforcement agency, to seek beneficial ownership or other information in respect of any private voluntary organisation from the foreign counterpart, and, likewise, may provide beneficial ownership or other information in respect of any company to the foreign
  • Any agreement referred to in subsection (1) may be made with retrospective effect.
  • For the avoidance of doubt, the FIU shall be the point of contact to respond to international requests relating to private voluntary organisations of

 22D Minister may give policy directions to Registrar

  • Subject to subsection (2), the Minister may give the Registrar such general directions relating to the policy the Registrar is to observe in the exercise of his or her functions as the Minister considers to be necessary in the national interest, which policy directions must—
  • not be inconsistent with any provision of this Act; and
  • be issued in good faith, apply prospectively and not retrospectively, and be of general applicability; in particular, the policy directions—
    • must not be issued in relation to any particular application or appeal pending before the Registrar and must not apply so as to influence or direct the Registrar on the outcome of any particular application, appeal or other matter that is being considered by the Registrar immediately before the directions are issued, or
    • must not prejudice the application of the rules of natural justice by the Registrar in the exercise of his or her quasi-judicial functions;
  • clearly delimit the scope of their application and must otherwise not be vague or ambiguous in their terms; and
  • clearly express the national interest at stake;
  • must be clear (whether expressly or by necessary implication) that they apply or are in force for a fixed or indefinite period, or that they expire on the happening of any
    • Before giving the Registrar any policy direction, the Minister shall inform the Registrar, in writing, of the proposed direction and the Registrar shall, within thirty days or such further period as the Minister may allow, submit to the Minister, in writing, his or her views on the
    • The Registrar shall take all necessary steps to comply with any direction given to it in terms of subsection (1).

When any direction has been given to the Registrar in terms of subsection (1), the Registrar shall ensure that the direction and any views the Registrar has expressed on it in terms of subsection (2) are set out in the Registrar’s annual report.”

Amendment to new Clause 9A put and agreed to.

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

          On Clause 9B:

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendment standing in my name that on the Insertion of New Clause 9 (b), on page 10 of the Bill, insert a new clause as follows—

9B Amendment of section 23 of Cap. 17:05

The principal Act is amended in section 23 (“General offences and penalties’) by the insertion of the following subsection after subsection (3) as follows—

      “(4) Any private voluntary organisation—

  •      that supports or opposes any political party or candidate in a presidential, parliamentary or local government election; or
  •      is a party to any breach of Part III of the Political Parties (Finance) Act [Chapter 2:12] as a contributor of funds to a political party or candidate or otherwise; or
  •       wilfully denies any beneficiary assistance in furtherance of its charitable objects solely on the basis of that beneficiary’s political affiliation, or wilfully makes such assistance conditional upon that beneficiary’s political affiliation; or shall be guilty of an offence and liable to a fine of level twelve or to imprisonment for a period not exceeding one year, or both such fine or such imprisonment.

(5) Subsection 4 shall not apply to a private voluntary organisation which assists members of disadvantaged groups to become candidates for election to Parliament or any local authority:

“Provided that such assistance must be afforded in a strictly non-partisan manner.”

Amendment to New Clause 9B put and agreed to.

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

On Clause 10:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendment standing in my name that on the Insertion of New Clause on page 10 of the Bill, insert a new clause as follows—    

Amendment of section 28 of Cap. 17:05

Section 28 (“Regulations”) of the principal Act is amended—

(a) by the insertion after paragraph (e) of the following—

        “(e) (1) requirements to be submitted when applying for registration;

   (e) (2) increased monitoring and supervision measures for private voluntary organisations found to be high risk;

   (e) (3) measures of systems that private voluntary organisations can use in order to self regulate and prevent being misused in terms of section 22;

   (e) (4) the disclosures of sources of funding from outside Zimbabwe whether in the application, the audit report or both;

          (e) (5) any other matter of concern to assist in the combating money laundering, terrorist financing and proliferation financing in the area of private voluntary organisations;

          (e) (6) any other measures that promote accountability, integrity and public confidence in the administration and management of private voluntary organisations;

           (e) (7) any other measures in addition to provisions in the law and the Money Laundering and Proceeds of Crime Act or any other enactment to ensure effective coordination and information sharing to the extent possible among all levels of appropriate authorities or organisations that hold relevant information on private voluntary organisations;

           (e) (8) any other matter of concern to ensure efficient regulation of private voluntary organisations.

(b) by the amendment in subsection (2) of “fine of level four” and the substitution of “fine of level. 

     Amendment to New Clause 10 put and agreed to.

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

On Clause 11:

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (PROF. MAVIMA): I move the amendment in my name that on page 11 of the Bill, by the deletion of Clause 11 and substitution of the clause as follows—

   “11 Schedule inserted in Cap. 17:05

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

 CIVIL PENALTY ORDERS

ARRANGEMENT OF PARAGRAPHS

Section

  1.     Interpretation in Schedule.
  2.     Power of Registrar to issue civil penalty orders.
  3.     Limitation on issuance and enforcement of civil penalty orders.
  4.     Service and enforcement of civil penalties and destination of proceeds thereof.
  5.     When hearings on question whether to serve civil penalty orders may be held
  6.     Evidentiary provisions in connection with civil penalty orders.
  7.     Designated officers.
Interpretation in Schedule
  1. In this Schedule, unless the context otherwise requires—

 “citation clause”, in relation to a civil penalty order, is the part of the order in which the Registrar names the defaulter and cites the provision of this Act in respect of which the default was made or is alleged, together with (if necessary) a brief statement of the facts constituting the default; 

“date of issuance”, in relation to the service of a civil penalty order, means the date on which it is served in any of the ways specified in paragraph 3(1);

“defaulter” means the person on account of whose default a civil penalty order is served, and includes an alleged defaulter;

“designated officer” means an officer of the Registry or other person designated and authorised by the Registrar to undertake duties in connection with the implementation of this Schedule;

 “penalty clause”, in relation to a civil penalty order, is the part of the order that fixes the penalty to be paid by the defaulter, and “fixed penalty clause” and “cumulative penalty clause” shall be construed accordingly;

“remediation clause” in relation to a civil penalty order, is the part of the order that stipulates the remedial action to be taken by the defaulter;

 “show cause clause” in relation to a civil penalty order is the part of the order that requires the defaulter to show cause why the civil penalty order should not have been served or should be withdrawn.

Power of Registrar to issue civil penalty orders
  1. (1) Where default is made in complying with any provision of this Act or of regulations or orders made under this Act for which a civil penalty is specified in this Act and Schedule to be leviable, the Registrar may, in addition to, and without derogating from, any criminal or non-criminal penalty that may be imposed by this Act or any other law for the conduct constituting the default, serve upon the defaulter a civil penalty order of the appropriate description specified in this paragraph.
Specified Civil default
  1. (1) A registered private voluntary organisation shall be guilty of a civil default if there is well founded information available to the Registrar indicating that it has received any donation from an illegitimate or immoral source.

(2) Upon receipt of the information referred to in paragraph (1), the Registrar shall serve upon the defaulter a civil penalty order providing for—

  •     the taking by the PVO of the remedial action specified in the order to enable the PVO to ascertain the legitimacy of the source of future donations received by it; 
  •      the suspension of the penalty for a specified period not exceeding fourteen days, by the end of which the PVO must satisfy the Registrar that it is in a position to be compliant in the future;
  •      upon the civil penalty becoming operative because of non-compliance with the requested remedial action, a penalty of one hundred united states dollars (or the equivalent at the auction rate of exchange ruling on the date of issuance of the order) for each day not exceeding ninety days during which the PVO is non-compliant; 
  •       the suspension of the operation of the civil penalty order for a period of 48 hours from the date of its issuance to enable the alleged defaulter to show cause to the Registrar why the order should not have been issued, that is to say, to show that the order was issued in error: 

Provided that—

  •      if no such cause is shown within that period the order shall be deemed to have been issued with effect from the beginning of such period;
  •      if within that period it is shown that the order was issued in error, the designated officer shall withdraw the order and make the appropriate notation of withdrawal in the civil penalty register.
  •      A registered private voluntary organisation shall be guilty of a civil default if there is well founded information available to the Registrar indicating that it has not used formal channels (that is to say registered banking institutions or other financial intermediaries regulated in Zimbabwe or in any other state) for the transmission of its funds at every point from source to destination.
  • Upon receipt of the information referred to in paragraph (1), the Registrar shall serve upon the defaulter, a civil penalty order providing for— (a) a combination of—
    •     a fixed penalty of the amount of one thousand united States Dollars dollars(or the equivalent at the auction rate of exchange ruling on the date of issuance of the order);
    •     a cumulative penalty over a period not exceeding ninety days of five per centum of the outstanding amount of the fixed penalty for each day (beginning on the day after the service of a civil penalty order) that the fixed penalty or any outstanding amount thereof remains unpaid by the defaulter;
    •      the opening (within a period not exceeding fourteen days) by the PVO of a banking account with a registered banking institution or other regulated financial intermediary and
    •     upon the civil penalty referred to in paragraph (b) becoming operative because of non-compliance with the requested remedial action, a penalty of one hundred united states dollars (or the equivalent at the auction rate of exchange ruling on the date of issuance of the order) for each day not exceeding ninety days during which the PVO is non-compliant;
    •     the suspension of the operation of the civil penalty order for a period of 48 hours from the date of its issuance to enable the alleged defaulter to show cause to the designated officer why the order should not have been issued, that is to say, to show that the order was issued in error: Provided that—
    •     if no such cause is shown within that period, the order shall be deemed to have been issued with effect from the beginning of such period;
    •     if within that period it is shown that the order was issued in error, the designated officer shall withdraw the order and make the appropriate notation of withdrawal in the civil penalty
Limitation on issuance and enforcement of civil penalty orders
  1. (1) No civil penalty order may be issued more than twelve months from the date when the default or alleged default occurred or ceased to occur.

(2)  A single civil penalty order may be served in respect of two or more defaults committed by the defaulter within a single period not exceeding six months, but if the aggregate of such defaults results in the defaulter becoming liable (either immediately or within seven days from the service of the civil penalty order) to a penalty or combined penalties in excess of the equivalent to more than twice the highest monetary penalty for which that person is liable in respect of any of those civil defaults, the Registrar may select one or any combination of those defaults which will not result in the defaulter becoming so liable, while reserving the right to serve a second or further additional civil penalty orders in respect of the defaults not so selected if the defaulter does not comply with the first civil penalty order.

Service and enforcement of civil penalties and destination of proceeds thereof

4.(1) References to the Registrar serving upon a defaulter any civil penalty order in terms of this Schedule, are to be interpreted as requiring the Registrar to serve such order in writing to the defaulter concerned—

  •      by hand delivery to the defaulter or his or her director, manager, secretary or accounting officer in person, or to a responsible individual at the place of business of the defaulter; or
  •     by delivery through a commercial courier service to the defaulter’s place of business or his or her principal office in Zimbabwe or other place of business of the defaulter; or
  •      by electronic mail to the defaulter whose electronic mail address is known to the Registrar:
  • The Registrar officer shall not extend the period specified in a civil penalty order for compliance therewith except upon good cause shown to him or her by the defaulter, and any extension of time so granted (not exceeding in any case 30 days) shall be noted by the Registrar in the civil penalty register.
  • The Registrar may, if the defaulter is a corporate defaulter—
  •      in the same civil penalty order, name the corporate defaulter and every officer of the company, syndicate, other corporate person or partnership concerned as being so liable separately, or issue separate civil penalty orders in respect of the defaulter and each of the officers concerned;
  •      choose to serve the order only upon the corporate defaulter without naming the officers if, in his or her opinion (which opinion the Registrar shall note in the civil penalty register), there

may be a substantial dispute of fact about the identity of the particular officer or officers who may be in default:

  Provided that nothing in this subparagraph affects the default liability of officers of the defaulter mentioned in subparagraph (6).

(4)  The Registrar may, in the citation clause of a single civil penalty order, cite two or more defaults relating to different provisions of this Schedule if the defaults in question —

  •     occurred concurrently or within a period not exceeding six months from the first default or defaults to the last default or defaults; or
  •      arose in connection with the same set of facts.

(5)  Where in this Act the same acts or omissions are liable to both criminal and civil penalty proceedings, the Registrar may serve a civil penalty order at any time before the commencement of the criminal proceedings in relation to that default, that is to say at any time before—  (a) summons is issued to the accused person for the prosecution of the offence; or

  •      a statement of the charge is lodged with the clerk of the magistrates court before which the accused is to be tried, where the offence is to be tried summarily; or
  •      an indictment has been served upon the accused person, where the person is to be tried before the High Court; as the case may be, but may not serve any civil penalty order after the commencement of the criminal proceedings until after those proceedings are concluded (the criminal proceedings are deemed for this purpose to be concluded if they result in a conviction or acquittal, even if they are appealed or taken on review). (For the avoidance of doubt, it is declared that the acquittal of an alleged defaulter in criminal proceedings does not excuse the defaulter from liability for civil penalty proceedings).
  • Every officer of a corporate defaulter mentioned in the civil penalty order by name or by office, is deemed to be in default and any one of them can, on the basis of joint and several liability, be made by the Registrar to pay the civil penalty in the event that the defaulter does not pay.
  • Upon the expiry of the ninety-day period within which any civil penalty order of any category must be paid or complied with, the defaulter shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both (in the case of a corporate defaulter, every one of its officers is liable to the penalty of imprisonment, and to the fine if the corporate defaulter fails to pay it).
  • The amount of any civil penalty shall—
  •     be payable to the Registrar and shall form part of the Consolidated Revenue Fund or if a

retention fund for the Office is established in terms of section 18 of the Public Finance Management Act [Chapter 22:19] shall form the funds of that retention fund; and

  •     be a debt due to the Consolidated Revenue Fund or retention fund referred to in paragraph (a) and shall be sued for by the Registrar on behalf of the Consolidated Revenue Fund or the Registrar in any proceedings in the name of the Consolidated Revenue Fund or the Registrar in any court of competent civil jurisdiction:

   Provided that for this purpose, the court of the magistrate in the district where the defaulter has his or her principal place of business shall be deemed to have jurisdiction to hear the suit even if the monetary amount sought would otherwise exceed its prescribed jurisdiction.

  • Proceedings in a court for the recovery of a civil penalty shall be deemed to be proceedings for the recovery of a debt as if the defaulter had acknowledged the debt in writing.
  • If the designated officer in terms of subparagraph (8) (b) desires to institute proceedings to recover the amounts of two or more civil penalties in any court of competent civil jurisdiction, the designated officer may, after notice to all interested parties, bring a single action in relation to the recovery of those penalties if the orders relating to those penalties —
  • were all served within the period of twelve months preceding the institution of the proceedings; and
  • were served—
    •      on the same defaulter; or
    •       in relation to the same default or set of defaults, whether committed by the same defaulter or different defaulters; or
    •       on two or more defaulters whose registered offices are in the same area of jurisdiction of the court before which the proceedings are instituted.

(11)  Unless the Registrar has earlier recovered in civil court the amount outstanding under a civil penalty order, a court convicting a person of an offence against subparagraph (7), may on its own motion or on the application of the prosecutor and in addition to any penalty which it may impose give summary judgement in favour of the designated officer for the amount of any outstanding civil penalty due from the convicted defaulter.

When hearings on question whether to serve civil penalty orders may be held
  1. (1) If, in response to a show cause clause, an alleged defaulter satisfies the designated officer, that it is not possible within 48 hours to demonstrate that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not wilful or was due to circumstances beyond the alleged defaulter’s control, the designated officer shall afford the alleged defaulter an opportunity to be heard by making oral representations to the designated officer, for which purpose—
  •      no later than 96 hours after the issuance of the civil penalty order, the alleged defaulter must furnish to the designated officer an affidavit sworn by him or her giving reasons to show that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not willful or was due to circumstances beyond the alleged defaulter’s control;
  •      within a reasonable period from the receipt of an affidavit referred to in paragraph (a), the designated officer may serve copies of the affidavit on any person who, in the designated officer’s opinion, is affected by or may be a party to the default, together with an invitation to the parties to attend at a meeting to be presided over by the designated officer (giving particulars of its time and venue) to enable the parties to make oral and written representations at that meeting on the question, whether the civil penalty order was issued in error to the alleged defaulter and whether it should be issued to some other person or not issued at all; and

   Provided that in such invitation or at the meeting, the designated officer may restrict the parties to submitting written representations only, before or no later than 48 hours after the conclusion of the meeting.

(2)  The following provisions apply to every meeting convened under this paragraph in connection with the issuance of a civil penalty order—

  •      if the alleged defaulter fails to attend at the meeting the designated officer may proceed to issue the civil penalty order;
  •      the alleged defaulter bears the burden of showing on a balance of probabilities that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not willful or was due to circumstances beyond the alleged defaulter’s control;
  • at the conclusion of the meeting the designated officer may—
    •      in the presence of the parties (if any) at the meeting announce his or her decision verbally whether or not to issue a civil penalty order, and, if so to upon whom, and if the designated officer decides to issue the civil penalty order the designated officer shall do so within twenty-four hours;
    •      cancel the civil penalty order or re-issue it with effect from the date of his or her decision on the same or another defaulter, or re-issue it with effect from the date on which it was initially issued if the designated officer finds that the defaulter’s objections to its issuance were baseless, vexatious or frivolous:

   Provided that the designated officer may defer making a decision by no more than 48 hours after the conclusion of the meeting and give notice of his or her decision, and the reasons for it (together with the civil penalty order, if any), to the alleged defaulter or any other person found to be liable for the civil penalty.

Evidentiary provisions in connection with civil penalty orders
  1. (1) For the purposes of this Schedule, the designated officer shall keep a civil penalty register wherein shall be recorded—
  • the date of service of every civil penalty order, the name and the physical or registered office address of the person upon whom it was served, the civil penalty provision in relation to which the defaulter was in default, and the date on which the civil penalty order was complied with or the penalty thereunder was recovered as the case may be;
  • if the alleged defaulter responded to the show cause clause in the civil penalty order with the result that—
    •       the order was cancelled because it was issued in error, the fact and the date of such cancellation; or
    • a meeting was held in accordance with paragraph 5, then—
      1.      a record or an adequate summary of any representations made at the hearing by way of an entry or cross-reference in, or annexure to, the register (and if recorded by way of annexure or cross-reference, the representations must be preserved for a period of at least six years from the date when they were made to the designated officer);
      2.      a record of the outcome of the hearing, that is to say, whether or not the civil penalty order was cancelled, and if not the date from which it was to have effect and whether a different defaulter was served with it.

(2)  A copy of—

 (a) any entry in the civil penalty register, and of any annexure thereto or record cross-referenced therein, authenticated by the designated officer as a true copy of the original, shall on its mere production in any civil or criminal proceedings by any person, be prima facie proof of the contents therein; or

 (b) any civil penalty order that has been served in terms of this Act, authenticated by the designated officer as a true copy of the original, shall on its mere production in any civil or criminal proceedings by any person, be prima facie proof of the service of the order on the date stated therein upon the defaulter named therein, and of the contents of the order.

Designated officers
  1. (1) Any reference to the Registrar in this Schedule shall be construed as a reference to a designated officer.
  • The Registrar shall furnish each designated officer with a certificate signed by or on behalf of the Registrar stating that he or she has been appointed as a designated officer for the purpose of this Schedule.
  • A designated officer shall, on demand by any person affected by the exercise of the powers conferred upon the Registrar under this Schedule, exhibit the certificate issued to him or her in terms of subsection (2).”.

INSERTION OF NEW CLAUSES  

On page 17 of the Bill, insert a new clause after Clause 11 as follows—

“PART II

CONSEQUENTIAL AMENDMENTS

MONEY LAUNDERING AND PROCEEDS OF CRIME ACT [CHAPTER 09:24]

          Amendment to New Clause 11 put and agreed to.

          New Clause 11, as amended, put and agreed to.

          On New Clause 12:

         THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  I move the amendment standing in my name that;

 Amendment of section 2 of Cap. 9:24 

The Money Laundering and Proceeds of Crime Act [Chapter 9:24] (hereinafter in this Part called the “principal Act”) is amended in section 2 (“Interpretation”) by—

  •      in the chapeaux of the definition of “competent authorities” 
  •     the insertion of the following definition after the definition of “proceeds” —

“ proliferation financing” means any offence referred to in section 9A;”

  •     by the insertion of the following paragraph in the definition of “serious offence”— “(c) (1) a proliferation financing offence;”

Amendment to New Clause 12 put and agreed to.

New Clause 12, as amended, put and agreed to.

On New Clause 13:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (PROF. MAVIMA): I move the amendment standing in my name that: -

Amendment of section 3 of Cap. 9:24 

The principal Act is amended in section 3 (“Unit and competent supervisory authorities to cooperate in securing compliance with this Act”) in subsection (3) (a) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”.

Amendment to New Clause 13 put and agreed to.

New Clause 13, as amended, put and agreed to.

On New Clause 14:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendment standing in my name that on

Amendment of section 6B of Cap. 9:24 

The principal Act is amended in section 6B (“Functions of Unit”) in subsection (1) (c) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing” .

Amendment to New Clause 14 put and agreed to.

New Clause 14, as amended, put and agreed to.

On New Clause 15:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendment standing in my name that on: -

Amendment of section 6C of Cap. 9:24 

The principal Act is amended in section 6C (“Further provisions on the Director-General, staff, agents and inspectors of Unit”) in subsection (1) by the deletion of the words “and terrorist financing” and substitution of  “terrorist financing and proliferation financing”.

Amendment to New Clause 15 put and agreed to.

New Clause 15, as amended, put and agreed to.

On New Clause 16:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  I move the amendment standing in my name that on

Amendment of section 6E of Cap.9: 24 

The principal Act is amended in section 6E (“Unit to have access to information”) in—

  • subsection (3) (b) by the deletion of “Access to Information and Protection of Privacy Act [Chapter 10:27] and the substitution of “Freedom of Information Act [Chapter 10:33], Cyber and Data Protection Act [Chapter 12:07].
  •     In subsection (6) (d) (3) (b) by the deletion of “Access to Information and

Protection of Privacy Act [Chapter 10:27] and the substitution of “Freedom of Information Act [Chapter 10:33], Cyber and Data Protection Act [Chapter 12:07].

Amendment to New Clause 16 put and agreed to.

New Clause 16, as amended, put and agreed to.

          On New Clause 17:

    THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the motion standing in my name that on New section inserted in Cap. 9:24 , The principal Act is amended by the insertion after section 9 of the following section— 9A Proliferation Financing

  • In this section—

“proliferation financing” means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials (including both technologies and dual-use goods used for non-legitimate purposes), in contravention of national laws or, where applicable, international obligations;

  • Any person who by any means directly or indirectly wilfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, with the intention or in the knowledge that such funds are to be used in whole or in part—
  • to manufacture, develop, produce or participate in the development or production of a nuclear biological or chemical weapon for use in terrorist acts or 
  •     to distribute or supply a nuclear, biological or chemical weapon to carry out a terrorist act or
  • to train persons or groups of persons to develop or produce or participate in the development or production of nuclear biological or chemical weapon for use by a terrorist or by a terrorist organization for any purpose (d) to carry out any other act--
    •         that has a purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or refrain from doing any act; and
    •        that is intended to cause—
  •    death or serious bodily harm to a civilian or in a situation of armed conflict to any person not taking an active part in the hostilities; or
  • the risk, damage interference or disruption of any of the following kinds—
  1.         serious risk to the health or safety of the public or any section of the public; or
  •         substantial property damage whether to public or private property involving a serious to the health or safety of the public or any section of the public;
  •         serious interference with or serious disruption of an essential service, facility or system whether private or public not being an interference resulting from lawful advocacy or from protest dissent or stoppage of work.

Commits the offence of financing of proliferation of weapons of mass destruction and shall be liable to a fine not exceeding twenty-five million United States dollars and imprisonment for a term not less that thirty-five years imprisonment.

(2) An offence under subsection (1) is committed regardless of whether—

  •      the funds are actually used to manufacture, develop or produce nuclear biological or chemical weapons to commit or attempt to commit a terrorist act;
  •      the funds are actually used to distribute or supply a nuclear biological chemical weapon to carry out a terrorist act;
  •      the person alleged to have committed the offence is in the same country or a different country from the one in which the nuclear, biological or terrorist act occurred or will occur.
  • a director or person in charge of a legal entity who commits an offence under this section is liable to a fine not exceeding twenty five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.
  • Where a body corporate or its director, manager, secretary or other similar officer concerned with the management of a body corporate has been convicted of an offence under this section, the court shall have power—
  •     to revoke business licences;
  •      to order the body corporate to be wound up ; or 
  •    to forfeit the assets of the body corporate to the recovered assets fund;
  •    prohibit the body corporate from performing any further activities.
  • The taking of propriety steps including but not limited to requiring material or participating in the planning of an offence under this section shall be an offence and the person who commits such an offence is liable to the same penalty as provided for in the offence.

Amendment to New Clause 17 put and agreed to.

New Clause 17, as amended, put and agreed to.

          On New Clause 17:

          THE MINISTER OF PUBLIC SERIVCE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit Clause 17, being new section inserted in Chapter 9.24, that;

The principal Act is amended by the insertion after Section 9 of the following section— 9A Proliferation Financing

  •         In this section—

“proliferation financing” means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, transshipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials (including both technologies and dual-use goods used for non-legitimate purposes), in contravention of national laws or, where applicable, international obligations;

  •          Any person who by any means directly or indirectly willfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, with the intention or in the knowledge that such funds are to be used in whole or in part—
  •     to manufacture, develop, produce or participate in the development or production of a nuclear biological or chemical weapon for use in terrorist acts or
  •     to distribute or supply a nuclear, biological or chemical weapon to carry out a terrorist act or
  • to train persons or groups of persons to develop or produce or participate in the development or production of nuclear biological or chemical weapon for use by a terrorist or by a terrorist organization for any purpose (d) to carry out any other act--
    •    that has a purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or refrain from doing any act; and
    •    that is intended to cause—
  •    death or serious bodily harm to a civilian or in a situation of armed conflict to any person not taking an active part in the hostilities; or
  • the risk, damage interference or disruption of any of the following kinds—
  1.    serious risk to the health or safety of the public or any section of the public; or
  •    substantial property damage whether to public or private property involving a serious to the health or safety of the public or any section of the public;
  •   serious interference with or serious disruption of an essential service, facility or system whether private or public not being an interference resulting from lawful advocacy or from protest dissent or stoppage of work.

commits the offence of financing of proliferation of weapons of mass destruction and shall be liable to a fine not exceeding twenty-five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.

(2) An offence under subsection (1) is committed regardless of whether—

  •       the funds are actually used to manufacture, develop or produce nuclear biological or chemical weapons to commit or attempt to commit a terrorist act;
  •       the funds are actually used to distribute or supply a nuclear biological chemical weapon to carry out a terrorist act;
  •       the person alleged to have committed the offence is in the same country or a different country from the one in which the nuclear, biological or terrorist act occurred or will occur.
  • a director or person in charge of a legal entity who commits an offence under this section is liable to a fine not exceeding twenty-five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.
  • Where a body corporate or its director, manager, secretary or other similar officer concerned with the management of a body corporate has been convicted of an offence under this section, the court shall have power—
  •      to revole business licences;
  •      to order the body corporate to be wound up; or 
  •      to forfeit the assets of the body corporate to the recovered assets fund;
  •       Prohibit the body corporate from performing any further activities.

(5) The taking of propriety steps including but not limited to requiring material or participating in the planning of an offence under this section shall be an offence and the person who commits such an offence is liable to the same penalty as provided for in the offence.

The principal Act is amended by the insertion after section 9 of the following section— 9A Proliferation Financing

  •         In this section—

“proliferation financing” means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, transshipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials (including both technologies and dual-use goods used for non-legitimate purposes), in contravention of national laws or, where applicable, international obligations;

  •         Any person who by any means directly or indirectly willfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, with the intention or in the knowledge that such funds are to be used in whole or in part—
  •     to manufacture, develop, produce or participate in the development or production of a nuclear biological or chemical weapon for use in terrorist acts or
  •    to distribute or supply a nuclear, biological or chemical weapon to carry out a terrorist act or
  • to train persons or groups of persons to develop or produce or participate in the development or production of nuclear biological or chemical weapon for use by a terrorist or by a terrorist organization for any purpose (d) to carry out any other act-
    •    that has a purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or refrain from doing any act; and
    • that is intended to cause—
  •    death or serious bodily harm to a civilian or in a situation of armed conflict to any person not taking an active part in the hostilities; or
  • the risk, damage interference or disruption of any of the following kinds—
        1.    serious risk to the health or safety of the public or any section of the public; or
        2.    substantial property damage whether to public or private property involving a serious to the health or safety of the public or any section of the public;
  •    serious interference with or serious disruption of an essential service, facility or system whether private or public not being an interference resulting from lawful advocacy or from protest dissent or stoppage of work.

commits the offence of financing of proliferation of weapons of mass destruction and shall be liable to a fine not exceeding twenty-five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.

(2) An offence under subsection (1) is committed regardless of whether—

  •     the funds are actually used to manufacture, develop or produce nuclear biological or chemical weapons to commit or attempt to commit a terrorist act;
  •      the funds are actually used to distribute or supply a nuclear biological chemical weapon to carry out a terrorist act;
  •      the person alleged to have committed the offence is in the same country or a different country from the one in which the nuclear, biological or terrorist act occurred or will occur.
  • a director or person in charge of a legal entity who commits an offence under this section is liable to a fine not exceeding twenty-five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.
  • Where a body corporate or its director, manager, secretary or other similar officer concerned with the management of a body corporate has been convicted of an offence under this section, the court shall have power—
  •      to revoke business licences;
  •      to order the body corporate to be wound up; or 
  •      to forfeit the assets of the body corporate to the recovered assets fund;
  •      prohibit the body corporate from performing any further activities.
  •         The taking of propriety steps including but not limited to requiring material or participating in the planning of an offence under this section shall be an offence and the person who commits such an offence is liable to the same penalty as provided for in the offence. I thank you.

      Amendments to New Clause 17 put and agreed to.

      New Clause 17, as amended, put and agreed to.

                  On New Clause18:

 Amendment of section 12A of Cap. 9:24 

THE MINISTER OF PUBLIC SERIVCE, LABOUR AND SOCIAL WELFARE (HON. PROF.. MAVIMA): Thank you Hon. Chair. I submit New Clause 18, being new section inserted in Chapter 9.24, that;

The principal Act is amended in Section 12A (National Money laundering and terrorist financing risk assessment and risk mitigation)—

  •     in subsection (1), by the deletion of the words “and terrorist financing” and substitution of, “terrorist financing and proliferation financing”;
  •     in subsection (2), by the deletion of the words “and terrorist financing” and substitution of, “terrorist financing and proliferation financing”;
  •     in subsection (3) (a), by the deletion of the words “and terrorist financing” and substitution of “terrorist financing and proliferation financing” in subsection (3) (b) by the insertion after the words “terrorist financing” of “and proliferation financing”;
  •    by the insertion of a new paragraph in subsection (3) as follows—

“(c) identify and assess the money laundering, terrorist financing and proliferation financing risks that may arise in relation to virtual asset activities or operations of virtual asset service providers.”

  •     in subsection (7), by the deletion the words “and anti- financing of terrorism” and substitution of “anti- financing of terrorism and anti-proliferation financing”;

   Amendment to New Clause 18 put and agreed to.

   New Clause 18, as amended, put and agreed to.

             On New Clause 19:

Amendment of section 12B of Cap. 9:24

        THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit Clause 19, being new section inserted in Chapter 9.24, that;

The principal Act is amended in Section 12B (Assessing risks and implementing risk-based approach by financial institutions and designated non-financial businesses and professions)—

  •     in subsection (1), by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;
  •     in subsection (4), by deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;

Amendment to New Clause 19 put and agreed to.

                  New Clause 19, as amended, put and agreed to.              

On New Clause 20:

 Amendment of Section 12C of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 20, being amendment of Section 12C of Chapter 9.24, that;

The principal Act is amended in section 12C (“Establishment of National Anti-Money

Laundering Advisory Committee”) in subsection (1) by the deletion of the words “and terrorist financing” and substitution of “terrorist financing and proliferation financing”;

Amendment to New Clause 20 put and agreed to.

New Clause 20, as amended, put and agreed to.

                  On New Clause 21:

Amendment of Section 12D of Cap. 9:24

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 21, being amendment of Section 12D of Chapter 9.24, that;

The principal Act is amended in Section 12D (“Establishment of National Taskforce on Anti-

Money Laundering and combating of Financing of Terrorism”)—

  •     in the section head by the repeal of the section head and substitution as “Establishment of National Taskforce on Anti-Money Laundering, combating of Financing of Terrorism and Proliferation Financing”;
  •     in subsection (1), by the deletion of the words “and combating terrorist financing” and substitution of  “combating terrorist financing and proliferation financing”;
  •     in subsection (2), by the deletion of the words “and terrorist financing” and substitution of  “terrorist financing and proliferation financing”;
  •    in subsection (4), by the deletion of “anti-financing of terrorism” and substitution of “anti financing of terrorism and anti-proliferation financing”;
  •     by the insertion of new subsections after subsection (4) as follows—

     “(5) The national taskforce shall come up a Charter in which it may outline matters of concern including processes and procedures of cooperation and coordination within the country in terms of combating moneylaundering, terrorist financing and proliferation financing;

  •         The Minister responsible for finance may cause the Charter referred to in subsection (5) to be gazetted.”

      Amendment to New Clause 21 put and agreed to.

      New Clause 21, as amended, put and agreed to.

On New Clause 22:

 Amendment of Section 15 of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 22, being amendment of Section 15 of Chapter 9.24 that;

The principal Act is amended in Section 15 (“Customer Identification Requirements”)—

  •         in subsection (1) (e), by the insertion after “financing of terrorism” of “or proliferation financing”;
  •         in subsection (2), by the insertion after “financing of terrorism” of “or proliferation financing”;

        Amendment to New Clause 22 put and agreed to.

        New Clause 22, as amended, put and agreed to.

        On New Clause 23:

 Amendment of section 16 of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 23, being amendment of Section 16 of Chapter 9.24, that;

The principal Act is amended in section 16 (“Timing of customer identification and verification”)—

  •      in the chapeaux of subsection (1), by the insertion after “financing of terrorism” of “or proliferation financing”;
  •     in subsection (1) (b), by the deletion of “and terrorist financing” with substitution of “terrorist financing and proliferation risk”.

Amendment to New Clause 23 put and agreed to.

New Clause 23, as amended, put and agreed to.

                  On New Clause 24:

Amendment of -Section 18 of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 24, being amendment of Section 18 of Chapter 9.24, that;

The principal Act is amended in Section 18 (“Reliance on customer identification by third parties”) in subsection (1) (a) by the insertion after “financing of terrorism” of “or proliferation financing”.

    Amendment to New Clause 24 put and agreed to. 

    New Clause 24, as amended, put and agreed to.

                  On New Clause 25;

Amendment of Section 19 of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL SERVICES (HON. PROF. MAVIMA): Thank you Hon. Chair. I submit New Clause 25, being amendment of Section 18 of Chapter 9.24, that

The principal Act is amended in section 19 (“Customers not physically present”) in subsection (1) (a), by the deletion of “and financing of terrorism” of “financing of terrorism and proliferation financing”.

    Amendments to New Clause 25 put and agreed to.

    New Clause 25, as amended, put and agreed to.

                  On New Clause 26:

 Amendment of section 20 of Cap. 9:24 

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair.  I submit New Clause 26, being Amendment of Section 20 of Cap. 9:24 as follows:

The principal Act is amended in section 20 (“High risk customers and politically exposed persons”)—

  •     in subsection (1) (a) by the deletion of the words “and financing of terrorism” and substitution of “financing of terrorism and proliferation financing”;
  •      in subsection (3) by the deletion of “and terrorist financing” and substitution of “terrorist financing and proliferation financing”.

            Amendment to New Clause 26 put and agreed to.

           New Clause 26, as amended, put and agreed to.

On New Clause 27 (Amendment of section 21 of Cap. 9:24):

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): Thank you Hon. Chair.  I submit New Clause 27, being Amendment of Section 21 of Cap. 9:24 as follows:

The principal Act is amended in section 21 (“Customer Identification and account opening for cross-border”)—

  •        in subsection (e) by the insertion after the words “financing of terrorism” of “and proliferation financing”;
  •        in subsection (f) by the insertion after the words “financing of terrorism” of “and proliferation financing”.

           Amendment to New Clause 27 put and agreed to.

           New Clause 27, as amended, put and agreed to.

          On New Clause 28 (Amendment of section 25 of Cap. 9:24):

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair.  I submit New Clause 28, being amendment of Section 25 of Cap. 9:24 as follows:

The principal Act is amended in section 25 (“Internal programmes to combat money laundering and terrorist financing”)—

  •      in the section head by the deletion of the words “and financing of terrorism” and substitution of “financing of terrorism and proliferation financing”;
  •     in subsection (1) by the deletion of the words “and financing of terrorism” and substitution of “terrorist financing and proliferation financing”;
  • in subsection (1)(c)—
    •    in the second line by the insertion after the words “financing of terrorism” of “and proliferation financing”;
    •    in the third line by the insertion after the words “financing of terrorism” of “or proliferation financing”;
  • in subsection (4)—
    •     in the chapeaux by the deletion of “and terrorist financing” and substitution of “terrorist financing and proliferation financing”;
    •    in paragraph (b) by the deletion of “and terrorist financing” and substitution of “terrorist financing and proliferation financing”.

           Amendment to New Clause 28 put and agreed to.

           New Clause 28, as amended, put and agreed to.

On New Clause 29 (Amendment of section 26A of Cap. 9:24):

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair.  I submit New Clause 29, being amendment of Section 26A of Cap. 9:24 as follows:

The principal Act is amended in section 26A (“Higher risk countries”) is amended in subsection (3) by the deletion of “and terrorist financing” and substitution of “terrorist financing and proliferation financing”;

           Amendment to New Clause 29 put and agreed to.

           New Clause 29, as amended, put and agreed to.

          On New Clause 30 (Amendment of section 30 of Cap. 9:24):

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair.  I submit New Clause 30, being amendment of Section 30 of Cap. 9:24 as follows: 

The principal Act is amended in section 30 (“Obligation to report suspicious transactions”)—

  •     is amended in (1)(b) by the insertion after “finance terrorism” of “and proliferation”;
  •     in subsection (4) by the insertion after “terrorist financing” of “or proliferation financing”

           Amendment to New Clause 30 put and agreed to.

           New Clause 30, as amended, put and agreed to.

        On New Clause 31, Amendment of section 31 of Cap. 9:24;

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair. I submit New Clause 31, being amendment of Section 31 of Cap. 9:24 as follows: 

The principal Act is amended in section 31 (“Inapplicability of confidential provisions and prohibition against tipping-off”) is amended—

  •     in subsection (2) in the third line by the insertion after “financing of terrorism” of “or proliferation financing”;
  •     in subsection (2) in the fourth line by the insertion after “financing of terrorism” of “or proliferation financing”.

Amendment to New Clause 31 put and agreed to.

New Clause 31, as amended, put and agreed to.

On New Clause 32, Amendment of section 37 of Cap. 9:24;

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA:  Thank you Hon. Chair.  I submit New Clause 32, being amendment of Section 37 of Cap. 9:24 as follows:

The principal Act is amended in section 37 (“Sharing of information with foreign counterparts”) in subsection (2) by the insertion in the chapeaux after “financing of terrorism” of or proliferation financing or potential proliferation financing”.

Amendment to New Clause 32 put and agreed to.

New Clause 32, as amended, put and agreed to.

On New Clause 33, Amendment of section 103 of Cap. 9:24

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA:  Thank you Hon. Chair.  I submit New Clause 33, being amendment of Section 103 of Cap. 9:24 as follows:   

Section 103 (“Regulations”) is amended in subsection (2) by the insertion of the following paragraph—

“(e) any requirements or issues related to the implementation of United Nations Security Council Resolutions as may be required to be prescribed.”

Amendment to New Clause 33 put and agreed to.

New Clause 33, as amended, put and agreed to.

On New Clause 34, Amendment of Section 24 of Cap. 9:06:

THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA):  Thank you Hon. Chair.  I submit New Clause 34, being amendment of Section 2A of Cap. 9:06 as follows:

The Criminal Matters (Mutual Assistance) Act is amended in section 2A (“Purpose of Act and powers and responsibilities of Prosecutor-General”) in subsection (1) by the deletion of “and financing of terrorism” with the substitution of “financing of terrorism and proliferation financing”.

Amendment to New Clause 34 put and agreed to.

New Clause 34, as amended, put and agreed to.

On Clause 35:

          THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (HON. PROF. MAVIMA): I move the amendment standing in my name that: - Amendment of section 6 of Cap. 9:06:

The Criminal Matters (Mutual Assistance) Act is amended in section 6 (“Refusal of Assistance”) in subsection (3) by the deletion of “and financing of terrorism” and the substitution of “financing of terrorism and proliferation financing”.

          Amendment to new Clause 35 put and agreed to.

New Clause 35, as amended, put and agreed to.

House resumed.

Bill reported with amendments.

          Bill referred to the Parliamentary Legal Committee.

MOTION

REPORT OF THE PORTFOLIO COMMITTEE ON INFORMATION, MEDIA AND BROADCASTING SERVICES ON A BENCHMARKING VISIT TO KENYA ON THE LEGISLATION AND OPERATIONALISATION OF COMMUNITY RADIO STATIONS

          HON. MOKONE: I move the motion standing in my name that this House takes note of the Report of the Portfolio Committee on Information, Media and Broadcasting Services on the benchmarking visit to Kenya on the Legislation and Operationalisation of Community Radio Stations.

          HON TEKESHE: I second.

          HON. MOKONE:

1.0 Introduction

Community radios are an effective tool of communication due to their affordability and ability to reach a large audience in the community, even to the poorest population in the remotest part of the world with inadequate infrastructure. The Broadcasting Authority of Zimbabwe recently licensed 14 Community Radio Stations which are yet to be fully operational. This prompted the Portfolio Committee on Information, Media and Broadcasting Services to conduct a benchmarking visit to the Parliament of Kenya so as to share best practices and experiences with regards to the legislation and operationalisation of Community Radio Stations in Zimbabwe. The benchmarking visit was scheduled for 13 to 20 November 2021, with a delegation of five Members of the Committee and two support staff. To that end, this report provides highlights of the Committee’s findings, observations and recommendations with respect to the legislation and operationalisation of Community Radio Stations.

1.1 Composition of the delegation

The delegation to Kenya comprised the following Members of Parliament and staff:

  1. Hon. Mokone, Sipho (Leader of the Delegation)
  2. Hon Hamauswa, Shakespear
  3. Hon. Masiya, Denford
  4. Hon. Nguluvhe, Albert
  5. Hon. Sithole, Josiah 
  6. Ms. Maria Hlasera(Secretary to the Committee)
  7. Mrs. Betty Munowenyu (Researcher to the Committee

2.0 Objectives of the benchmark visit

2.1The principal objectives of the visit were as follows:

2.1.1. To enhance Members of the Committee's understanding of the broadcasting laws governing the operationalisation of Community Radio Stations in Kenya with the view of adopting and recommending best practices in Zimbabwe.

2.1.2. To accord the Members of the Committee an opportunity to discuss challenges faced in the operationalisation of Community Radio Stations and measures which were put in place to curb the challenges. 

3.0 Background to the study visit

3.1 Media monopoly has been a bone of contention in the media sector throughout the years hence the opening up of the airwaves in 2020 came at an opportune time, with the introduction of Community Radio Stations. Community Radio Stations can provide a valuable service to members of the town, city, or municipality in which it serves.  In addition, a community radio can easily keep listeners abreast of important news at the local level. In Zimbabwe, the Broadcasting Services Act of 2001 provides for the implementation of community broadcasting. Article 7,  (2) (b) of the BSA states that ‘the Broadcasting Authority of Zimbabwe shall authorise the licensing of a community broadcasting service’. Presently, a host of other African countries now have operational community radio stations. A tour by all or some of the Members of the Committee gave Members an appreciation of how they were introduced and an insight on how they are being operated. 

3.2 After realising the fact that Kenya has a vibrant radio sector made up of public, community, faith based, international, private and pan-regional radio stations, the Committee resolved that a tour by the Members of the Committee to Kenya was crucial for experience and best practices purposes. With a population of about 47 million in Kenya, the Committee was impressed by the fact that access to radio is regarded very high for both urban and rural populations, with 95% of rural and 94% of urban respondents having access in the home. Of note, over 50% of Kenyans get their news from the radio, especially in the rural areas.  Having gathered this crucial information, the Committee felt that Kenya was the ideal country to conduct a benchmarking visit on.

4.0 Summary of the Study Visit Programme

4.1 The Committee attended the National Assembly Liaison Committee meeting where it met with the Speaker of the National Assembly. In his welcome remarks, the Speaker submitted that the Liaison Committee was established under the provisions of Standing Order No. 217 and consists of the Deputy Speaker as the chairperson, a member of the Speaker’s Panel who is also the First Chairperson of Committees who is the Vice-Chairperson and the Chairpersons of all Committees of the House. The delegation observed that the composition of the Liaison Committee in Kenya differs with that in Zimbabwe which comprises of all Committee Chairpersons, Party Whips and their Deputies, the Chairperson and Vice- Chairperson of the Women’s Caucus. The Speaker highlighted measures that were implemented with regards to the discharge of Committee Business amidst the COVID-19 pandemic. These included amendment of the Standing Rules and Orders to provide for hybrid meetings, integration of video conferencing facilities with the existing system and the launch of live broadcast to notify citizens of the proceedings.

Figure 1: The delegation posing at the National Assembly of Kenya’s Liaison Committee

4.2 The Committee had an engagement with its counterparts from the Departmental Committee on Communication, Information and Innovation. The delegation learnt that the Committee was established under Standing Order No. 216 and it oversees communication, information, media and broadcasting, Information Communications Technology (ICT) development and modernisation of production strategies. The Chairperson of the Committee on Communication, Information and Innovation indicated that Community Radio Stations were growing rapidly and extensively. He also stated that they provided an important platform for communities to engage on issues affecting their communities. 

4.3 The delegation met with the Select Committee on Parliamentary Broadcasting and Library in Kenya. It was observed that the Select Committee oversees broadcasting of Parliamentary proceedings. Whilst Zimbabwe broadcasts Parliamentary proceedings on the public broadcaster, namely the Zimbabwe Broadcasting Corporation, the delegation learnt that the Select Committee had adopted a report on the formulation of Parliamentary Broadcasting channel that will broadcast Parliament House issues and Committee business on a twenty-four-hour basis.

4.4 The Committee also had the privilege to engage with the Communications Authority of Kenya (CAK) at their offices, where they were informed that CAK is mandated to license broadcasting operators, content regulation, and to implement and review broadcasting policies. It was also further submitted that the Authority also deals with stakeholder complaints, managing and assigning frequency spectrum and issuing industry regulations, codes of practice and handling violations. The delegation observed that the mandates of the CAK were similar with that of the Broadcasting Authority of Zimbabwe. During the meeting, the delegation learnt that Kenya has 186 FM radio stations of which 42 were Community Radio Stations. The 42 Community radio Stations were licensed according to their local languages and dialects as broadcasts were held in the local languages and their dialects.  In comparison, Zimbabwe recently licensed 14 Community Radio Stations and these were licensed according to the sixteen officially recognised languages provided for in the Constitution and the stations are not yet fully operational. 

Figure 2: The delegation interacting with officials from the Communication Authority of Kenya

4.5 The delegation visited the Daystar University Community Radio Station where they learnt that the station was managed by students guided by their lecturers. The studios at Daystar were operating at a radius of 30 kilometers airing programmes related to issues of drug abuse, mental health, sexual reproductive health, COVID-19 and other community related issues.  In Zimbabwe, we also have Great Zimbabwe University Campus Radio Station, (Varsity Radio of Choice), which is Zimbabwe’s first campus radio station established by Great Zimbabwe University in 2020.  The signal reaches across the Masvingo metropolitan area.

4.6 The Committee had an opportunity to meet with the United States International University Africa (USIU) Community Radio Station. The delegation learnt that proper research and planning were essential for starting and operationalising Community Radio Stations. The Deputy Director of USIU highlighted that they were guided by the national broadcasting legislation for their operations. The Committee also learnt that the university offered technical courses on transmitters and equipment for studios, amongst others. The Deputy Director also pointed out that the Community Radio Station came up with a programme policy that ensured the maximum community and student access and participation.  The delegation observed that in Zimbabwe, the Broadcasting Authority of Zimbabwe licensed seven campus radio stations which were managed by students and only one was operational. 

4.7 The Committee engaged with the Centre for Parliamentary Studies and Training wherein they were informed that the centre conducts courses for the exposition and enhancement of knowledge, skills and experience of Members of Parliament and staff.

5.0 Findings

5.1 It was illuminated to the delegation that the Constitution of Kenya (2010) provides that broadcasting and other electronic media have freedom of establishment. This is subject only to licensing procedures that are necessary to regulate the airwaves and other forms of signal distribution; and are independent of control by government, political interests or commercial interests. The Committee observed that Kenya and Zimbabwe have the same provisions in their constitutions which provides for the freedom of establishment of the broadcasting and the electronic media.  

5.2 In Kenya, Community Radio Stations are also licensed guided by the Kenya Communication Act (1998). The delegation learnt that the Act led to the establishment of the Communication Commission of Kenya which is currently named Communication Authority of Kenya. The Act highlights that the Ministry is responsible for issuing broadcasting licenses, whilst CAK provides technical regulation of broadcasting services in as far as management of the broadcasting spectrum resources is concerned. In Zimbabwe, the Broadcasting Authority of Zimbabwe is established in terms of the Broadcasting Services Act (Chapter 12:06). Whilst in Kenya broadcasting licenses are issued by the Ministry, in Zimbabwe they are issued by the Authority. 

 5.3 The Committee was apprised that the Communications Act was amended in 2008, the amendments made in 2008 resulted in the Kenya Information and Communications Act of 2009

(KICA 2009). The KICA of 2009 recognises broadcasting as a distinct sector, and distinguishes between public broadcasting, private broadcasting, and community broadcasting. The Committee learnt that the KICA outlines the legal parameters of what it considers as community, community media, and the conditions under which community media are allowed to operate. The KICA defines a community and community broadcasting as follows:

  1. “community” includes a geographically founded community or any group of persons or sector of the public having a specific, ascertainable common interest;
  2. “community broadcasting service” means a broadcasting service which meets all the following requirements—
  • is fully controlled by a non-profit entity and carried on for non-profitable purposes;
  • serves a particular community;
  • encourages members of the community served by it or persons associated with or promoting the interests of such community to participate in the selection and provision of programmes to be broadcast in the course of such broadcasting service; and
  • may be funded by donations, grants, sponsorships or membership.
    • The delegation learnt that this definition gives an opportunity for community radio stations to be owned or controlled by non- profit organisations or management board making decisions with the community interests at heart. This scenario raises questions regarding the independence of the community radio stations and it also leaves them open to the interpretation on how to ensure that the station is actually being run for the good of the community.
    • In Zimbabwe, community means a group of people bound together geographically, with shared norms, values and tradition whose control is domiciled in members of that geographical space.
    • The Broadcasting Authority of Zimbabwe further defines a “Community broadcasting service” as follows: “a free to air (radio or television) broadcasting service not operated for profit or as part of a profit-making enterprise which provides programmes that-
      1. Are for community purposes
      2. Are capable of being received by commonly available equipment; and
      3. Do not broadcast programmes or advertisements on behalf of any political party”.

5.7 The Committee was apprised that the amended Act guided the Authority in granting community radio licenses. It was explained that in granting the licenses, the Authority considered the following:

  1. The community of interests of the persons applying for the licence;
  2. Whether a significant proportion of the community have consented to the application;
  • The source of funding for the broadcasting service;
  1. Whether the broadcasting service to be established is not-for profit, and
  2. The manner in which members of the community will participate in the selection and provision of programmes to be broadcast.
  • In Zimbabwe, licensing and operationalisation of Community Radio Stations is provided for in the Broadcasting Services Act (Chapter 12:06) which is yet to be amended and the Statutory Instrument (S.I) 39 of 2020. The Statutory Instrument provides factors to be considered when granting licenses for Community Radio Stations and these are similar to that in Kenya except that in Zimbabwe, Community Radio Stations are required to provide source and proof of funding of the broadcasting Services.
  • The Committee learnt that Section 6 (Part c) of the KICA (2009), encourages selection and provision of programmes to be broadcasted by not only community members but also ‘persons associated with or promoting the interests of such community. The persons by implication, may not necessarily be bona fide community members, but are involved in promoting the interests of the community.
  • Apart from the regulation of community broadcasters as institutions, in Kenya there is also legislation in place to regulate the professional conduct of the individuals in the media industry as a whole, and not just in community broadcasting. Key among these is the Media Council Act, most recently updated in 2013. The delegation was informed that the Act instituted the Media Council of Kenya (MCK). The council is mandated with upholding professional standards in media practice through the accreditation of journalists, monitoring media organisations for compliance with content and conduct requirements, while upholding the freedom of the media. The council is also tasked with conflict resolution in case of any complaints against a media house by members of the public. Zimbabwe is yet to come up with the relevant piece of legislation to support the establishment of the Media Council of Zimbabwe. Currently, the Zimbabwe Media Commission oversees the upholding of professional standards, accreditation of journalists and upholding of the freedom of the media, among others.
  • The delegation was informed that non-spectrum-based licenses were awarded on a first come first served basis whereas spectrum-based licenses were awarded based on the availability of spectrum and competitive selection. It was further submitted that in Kenya, communities apply for broadcasting licenses by downloading the application forms from their website and filling in the required information. The delegation was informed that they provided a platform of online application using smart phones and that the internet services were affordable. It also emerged that the CAK licenses community radios for marginalised groups such as youths, women and people living with disabilities who can be concentrated in a specific geographic area.
  • In Zimbabwe, the BAZ used a phased approach in licensing community radio stations and in the first phase they identified areas that were traditionally underserved in terms of coverage. Additionally, in the second phase, BAZ identified officially recognized languages spoken in Zimbabwe according to Section 6 of the Constitution and they considered areas with languages that had limited expression on the currently licensed broadcasters. Further, in Zimbabwe licenses were not issued to the marginalized groups such as youths under the circumstances that the radio frequency spectrum was a limited resource.
  • The delegation learnt that in Kenya they license Free-to-Air Community Radio Stations for a period of 10 years and they pay an application fee of nine United States dollars (USD), initial license fee of USD132 and an annual operation fee of USD132. It was further highlighted that they also have Free-to-air community televisions which pay an application, initial license and annual operation fees of nine and 263 United States dollars respectively. The delegation was informed that they benchmarked the fees with other countries and their fees were very low and affordable to the licensee as they were paid on an annual basis.
  • Community Radio Stations in Zimbabwe pay an application fee of USD321, a basic licensee fee of USD646 per annum and a monthly frequency fee of USD26 per month.
  • The delegation learnt that in a majority of cases, the funding for Community Radio Stations in Kenya came from outside sources in the forms of grants and donations, as opposed to membership fees contributed by the community. The Committee also learnt that the Commission monitors community broadcasters to ensure that the funds generated from operations of a community broadcasting station are re-invested in activities benefiting the community.
  • In Zimbabwe, only foreign donations and contributions are prohibited and any funding model is permissible. In most cases, funding comes from the community through membership fees and donations. However, the regulations permit Community Radio licensees to come up with sponsored programmes for the sustenance of the Radio Station.

6.0 Challenges faced in operationalising and regularising the FM Community Radio Stations

6.1 Misconceptions of a definition of a Community FM station was the main challenge in Kenya. It was submitted that others defined a community station as a low power station. However, the CAK came up with a definition that was aligned to the UNESCO Community Radio Handbook, 2001 so as to clear the misconceptions. UNESCO defined Community broadcasters as those which are independent, not for-profit, and governed by and in the service of the communities they serve.

6.2 The delegation was informed that the Community FM station faced a challenge of airing of unverified news and information and biased reporting especially in representation of different groups and interests in the community. It was submitted that another challenge faced by community FM stations was of participation in politics, ownership by private entities under the guise of the community and poor management. The CAK official highlighted that they were yet to come up with solutions to some of the challenges encountered. However, the delegation was apprised that they have a Media Council which provides code of practice for journalists to deal with issues of biased reporting. Further, it was submitted that they ensure that every broadcaster has an editorial policy so as to reduce the airing of unverified news and they also have a monitoring system that monitors the information broadcasted in line with the code of conduct.  

6.3 Misappropriation of funding from donations, grants, membership fees, sponsorship or advertising, and non-inclusion of minority and marginalised groups were some of the challenges faced by community radio stations. The delegation was informed that to deal with the issue of misappropriation of funds, they continuously conduct stakeholder engagement whereby the community stations provide quarterly returns to the Authority showing how much funds were disbursed and utilised. The CAK in conjunction with the Media Council, provides training to the stations so as to equip them with knowledge on journalism, reporting and management of funds.

6.4 The Committee learnt that Community Radios have been facing high turnover of personnel as stations cannot afford to pay staff. In this regard, they use volunteers who use the stations as stepping stones to better jobs. 

7.0 Key observations by the Committee

7.1The delegation noted that the legal definition of community in the Kenyan broadcast legislation is flexible and allows for various groups of people to apply for a community media license as long as they can demonstrate shared interests. Broadcasting Authority of Zimbabwe’s current definition of a community was determined solely by geography, yet within a specific geography there are multiple communities with different interests.

7.2 The delegation observed that in Kenya, any persons associated with or promoting the interests of such community can broadcast the programme at Community radio stations. It was noted with concern that this may create the possibility of different or external agendas being played out in community stations. For instance, conflict could arise between community members and these other associated persons, in the case where the two groups have different priorities. The delegation highlighted that these ‘associated persons’ could manage the daily affairs and the programming of a community broadcaster in the name of promoting the interests of the community, without having gained the consent of bona fide community members. In Zimbabwe, broadcasting is done by the community and for the community.

7.3 The Committee noted that Kenya had a Media Council that observes and supervises the operations of Community Radio Stations to ensure that they are not broadcasting unverified news and information and inciting hate speech. Zimbabwe is yet to establish a Media Council despite the introduction of the proposed Media Practitioner Bill which is yet to be gazetted. 

7.4 The Committee noted with great concern that the license fees for Community Radio Stations in Zimbabwe are very exorbitant as compared to those paid in Kenya. This was evidenced by late payment of application fees by the licensees within the initial deadline given by the Broadcasting Authority of Zimbabwe.

7.5 CAK licenses community radios for marginalized groups such as youths, women and people living with disabilities who can be concentrated in a specific geographic area. In Zimbabwe, there is an outcry that the BAZ was not licensing marginalized groups such as youths.

7.6 In Zimbabwe, Community radio stations were licensed in accordance with the sixteen official languages recognised in the Constitution of Zimbabwe. It was noted that the 42 Community radio stations in Kenya were licensed in accordance with their local languages as well as their dialects.

7.7 Whilst the Communication Authority of Kenya provides a platform of online application using smart phones, Broadcasting Services Authority requests that application be submitted physically to their offices. 

7.8 The delegation noted that funding of Kenyan community radio stations through grants and foreign donations has some negative impact on their operation. The community will not be in control of the financial aspect of the community radio station. It was further noted that this limits the station’s ability to truly be community-owned and run, because final decisions at the station would be made in consideration of the funder’s requirements rather than community preferences.

7.9 It was further observed that setting up community radios were made easier by the fact that Kenya was fully digitized.  

8.0 Committee Resolutions

8.1 The Committee recommends the following:

8.1.1 That the Ministry of Information, Publicity and Broadcasting Services should review the Broadcasting Services Act to include a provision that outlines the legal parameters for source of funding of Community Radio Stations by December 2022;

8.1.2 That the BAZ should consider the community of interests of the persons applying for the licence when licensing Community Radio Stations by October 2022;

8.1.3 That the Ministry of Information, Publicity and Broadcasting Services should establish a Media Council that will provide a code of conduct for community radio journalists to deal with issues of biased reporting by Community Radio Stations by December 2022;

8.1.4 That the Broadcasting Authority of Zimbabwe should lower the fees for licenses to ease the financial burden for applicants in community broadcasting by October 2022;

8.1.5 That the BAZ should provide a platform of online application for Community Broadcasting licensing by November 2022;

8.1.6 That through the Broadcasting Fund, the Ministry of Information, Publicity and Broadcasting Services should provide financial and technical support to Community Radio Stations by September 2022;

8.1.7 That the Broadcasting Authority of Zimbabwe should put in place effective mechanisms to monitor Community Radio Stations and ensure that funds generated from the operations are reinvested in activities benefiting the community by November 2022;

8.1.8 Additionally, that the Ministry should come up with laws that will discourage interference on ownership and programming by these organisations by December 2022; and 

8.1.9 That the Ministry of Information, Publicity and Broadcasting Services should come up with laws that discourages broadcasting of hate speech by December 2022.

9.0 Conclusion

9.1 Kenya is one of the countries that is growing rapidly and extensively with regards to the licensing and operationalisation of Community Radio Stations. Their Community Radio Stations are not only run by, but serves the interests of the community, thus the Ministry of Information, Media and Broadcasting Services should adopt the best practices of the Parliament of Kenya and the Communication Authority of Kenya. I thank you.

          HON. HAMAUSWA: Thank you Madam Speaker Sir.  I rise to second the motion moved by Hon. Mokone on the report on a fact finding visit done by the Portfolio Committee on Media.  Madam Speaker Maam, I want to emphasize that in Kenya it was a worthwhile visit because as Zimbabwe we are a bit behind and Kenya has been ahead or is ahead of us in terms of establishment of community radio stations.

          One thing that I have learnt from Kenya is that the country is more diverse in terms of the tribal groups that are there.  Kenya has also gone through political disturbances; yet in terms of establishment of the community radio stations, Kenya has shown maturity and wisdom.  As a result, community radio stations in Kenya are being used as a vehicle to unify the community.  It is also our belief as a committee that the way in which community radio stations are going to be implemented in Zimbabwe will also unify Zimbabweans. 

In Kenya, through our discussions with the Parliamentarians, we discovered that all the Parliamentarians we met were united.  You could not identify them by the political parties they represented, something that I also recommend to Zimbabwe that whatever programme  we are implementing, it is important to find a common ground where we should be able to speak with one voice on the issues that are meant to develop our country. In Kenya, we realised that it is more important when people from one nation are untied - as a result they can implement and play a key oversight role. 

The other thing that I also discovered in Kenya is the support that is given to Parliamentarians.  Although we were focusing on community radio stations,  it was also important that we also went to a centre which trains Parliamentarians in Kenya and they play an important role.  In that regard of supporting Parliamentarians, the Kenyan Parliament has adopted a mixed approach; they have moved a bit from the British system of separation of powers and fused it with the American system to the point that their separation of powers does not cripple the Parliament. The Kenyan Parliament now plays its oversight role without the interference from the Executive.  It is something that all the reports that we bring, the benchmarking visits, if we are not going to strengthen our system, these good reports will gather dust because the Parliament will not be independent.

We learnt  in Kenya that their Parliament is independent because it has gone through certain reforms, especially in terms of establishing a centre that trains Parliamentarians.  They are trained, they are equipped, and they can do or enroll on certain short course programmes, which is  something that as Zimbabwean Parliament we can copy.

In terms of practice, although they say community radio stations are not for advertising and publishing political news, in Kenya they even said politicians are allowed to establish a community radio station.  They said what is more important is to put in place a strong legislation which says if someone published hate speech then their licences can be cancelled.  So they said you do not need to fear in terms of getting donor funding even from outside because our system does not allow community radio stations from receiving donations especially from outside the country.  In Kenya, there is nothing to fear because you had the power to come up with legislation which then controls and those who are not able to comply; they can have their licenses cancelled.

It is something that we also want to urge the responsible ministries and the Government to reconsider the issue of support through donor funding especially where it says foreign funding.  Over three million Zimbabweans are now living in the diaspora and by the provision which says donor funding is not allowed, it means we are excluding those Zimbabweans who are bona fide citizens of this country who are in the Diaspora and have free funds to support their community radio stations yet they are not allowed by the law.  So the law has to be clarified, it has to be amended to allow support from donations, even allowing community radio stations to advertise because this is where they can get funding.  It is not easy to run community radio stations. In other areas where we visited here in Zimbabwe, we had some people saying they donate goats and chicken. You cannot run a community radio station like that but it is important to look at the model of funding. Yes, we know the fears that when you allow funding from donors, there might be opportunities for detractors of this country to come in and fulfill the orders that they wish, the ones who pay the piper will determine the tune.

What is important, as I said before, is coming with a legislation which is fair, just and also that can be implement and as long as there is stakeholder consultation, with those running community radio station, I think we can also be like Kenya where we are going to be proud of having community radio stations even publicizing political issues.  In my view, politics is also part of development. The moment we still say we cannot air or publicize messages, it means we are not yet developed politically.  It is my call that we should consider that as a failure, if we put something in a law to say community radio stations should not discuss politics.  Politics should be discussed; we should be able to say as Zimbabweans, what nature of political practice do we want.  How can we be united politically, how can we say those who differ in terms of political ideology can sit at the same table.  Here in Parliament, we sit together with different political parties; we have a Parliament composed of different political parties, they discuss political issues.  The same should happen even at community level; people should be able to exchange ideas without resorting to violence.  The community radio stations can also be the engines of enlightening people, bringing political consciousness to the people but because we are also limiting them in terms of access to information, if they are told that a certain leader of a political party is half black and half white, they will believe that because they do not have access to information.

These are some of the things that we can learn from those who have developed.  Of course it cannot happen overnight but I am encouraging open debate about our politics.  Sometimes we are where we are because of dirty politics.  We are where we are because we are not allowing each other to discuss freely, to make our people united; they share different views and at the end of the day we all love Zimbabwe and these community radio stations really play a key role in terms of development; in terms of inculcating a culture of peace, tolerance and they need support.  I call upon even the Ministry of Finance to really consider supporting the digitisation programme because it will open up more opportunities for more community radio stations.  One day I hope we will also be allowed to open up community radio stations that will also support and enhance development within our country.

          I also support the recommendations by our Committee that BAZ should consider the community of interests of the persons applying for the licence when licencing community radio stations.  It is important to have a broader definition of a community radio station because there are also other players.  Let us say in terms of soccer, sports – there might be a community of sports persons, they must also be considered in terms of having a community radio station so that our definition is not confined to geographical limitations.  We can also consider a community of interest to say they are interested people who have common interests and they have interest in establishing a community radio station.  It can be also a community of farmers where their main focus of the farmers is to share news about news; share news about their trade.  So it is important to have such a broader view of community radio stations. 

          It is our hope that what we discovered in Kenya through the Committee and also support of the Ministry, we are going to realise, may be amendments to the laws that govern community radio stations in Zimbabwe.  We hope that we are going to see more community radio stations coming on board, especially when the fees are going to be reconsidered.  In most communities where we said people are selling their goats to support community radio stations, it is something that we say is actually an anomaly.  It is actually against the idea of establishing those community radio stations. 

If the Government says they cannot receive donations, the Government should be able to support through buying equipment for those community radio stations.  Also, they should support them may be through a kind of an incubation system, whereby they are supported for say five years and they are weaned once they can stand on their own.  To say on one hand, you are not allowed to look for funding then on the other hand the Government is not able to provide the required funding, I think it is actually contradictory and it is against the principle and idea of establishing those community radio stations.

          So, it is our hope that the Ministry of Information and also the Ministry of Finance will consider to provide more funding to community radio stations and also reducing the licence fees so that our communities will also be able to establish those community radio stations.  I am happy that something that is happening in Zimbabwe is also happening in Kenya, for example, the establishment of community radio stations at higher and tertiary institutions.  In Zimbabwe, we have community radio stations at learning institutions, something that is also there in Kenya.  It gives our students who are doing media studies to have a practical experience of how radio stations…

          THE TEMPORARY SPEAKER (HON. MAVETERA): Hon. Hamauswa, you are left with five minutes.

          HON. HAMAUSWA: Thank you Madam Speaker Ma’am.  As you can see, I am about to conclude.  I will conclude by noting that even when we went to Kenya, we also applaud the Zimbabwean system though we say it can do better by also adopting something that is happening in other countries.  We are not at zero but our call is to say, can we join the league of the number ones so that we are also at the top in terms of opening up and freeing the airwaves. 

          I was saying in Zimbabwe; we have campus radio stations; those community radio stations established at our learning institutions. It is something that is commendable.  It gives our students who are studying media and broadcasting issues to have practical experiences in terms of broadcasting.  It is something that is not found may be in other programmes but this establishment gives our students an experience.  You know in Zimbabwe, when you are looking for employment they tell you to produce evidence that you have five years experience and now we have this opportunity for our students.  Also, here comes the Ministry of Higher and Tertiary Education, talking of Education 5.0. We encourage that whilst they have community campus radio stations, it is also going to be good if those students are also taught how to manage the community radio stations such that when they come out of the university, they can be instrumental in the implementation of community radio stations in our communities. 

I want to thank you Madam Speaker and also thank the Parliament of Zimbabwe that allowed us to go to Kenya.  The information that we got from there; the lessons that we learnt from Kenya, we hope they are going to help us as Zimbabweans, especially Madam Speaker, I want to reiterate the need for capacitation of Parliamentarians.  When you sent us abroad, if we are not capacitated, we are not equipped enough to play oversight role on the Executive; these reports will gather dust and will not see the light of the day.  So we call upon for establishment of a centre which trains Parliamentarians where we can even  do some short courses online so that our roles are actually capacitated and effective.  I thank you.

          HON. BITI: Thank you Madam Speaker Ma’am.  I would like to add my voice to the report on the Portfolio Committee on Media on their visit to the Republic of Kenya to study the issue of community radio stations.  The right to freedom of information is enshrined in Section 61 of the Constitution of Zimbabwe.  So the Constitution of Zimbabwe protects the right to freedom of expression.  It protects the right of the public to receive information.  So the receipt of information in our country is actually a constitutional right.  Beyond the right to receive information and the right to express yourself which is guaranteed in terms of Section 61, the Constitution of Zimbabwe has another unique provision in Section 60.   In Section 60 of the Constitution, the Constitution actually recognises the freedom of the media.

          So we have two separate provisions, Section 61 that deals with the right to protect freedom of information and the right to receive information from anyone and any public board.  You have as a separate right, the freedom of the media.  The freedom of the media includes three different categories of the media.  One is the public broadcaster; the public broadcaster is covered under Section 60, and its duty and obligation is to give information impartially, fairly and to treat everyone fairly and equally, and to allow everyone to have the right of access to the public broadcaster fairly and equally without being bound by politics.  Regrettably Mr. Speaker Sir, in Zimbabwe we have a public broadcaster that is subjective, a public broadcaster that has failed to treat every Zimbabwean equally and fairly.

          The second category of the media is, of course, the private media.  Whether it is newspapers, technology communications, social media platforms, private radio stations, private television stations and again Mr. Speaker, it is regrettable that 42 years after Independence, we do not have a truly independent alternative to the Zimbabwe Broadcasting Corporation (ZBC).

          The third category Mr. Speaker, are the Community Radio Stations which were the subject of this visit.  Mr. Speaker, Community Radio Stations means that they must be serving a community, must be owned by a community.  A community can be defined as a grouping of citizens with common interest.  You heard from the Chairperson of the Committee that they visited universities that run community radio stations – that is a community.  In Zimbabwe, we have Community Radio Stations in places like Kariba, covering that community.  So it is important Hon. Speaker that we codify, in our law, and we support the Constitution.  We harmonise the Constitution with our laws by giving communities the right to speak for themselves through their Community Radio Stations. 

Why should there not be a Community Radio Station for the Tongas and Bingas, for the Hlengwe, Shangani communities in Chiredzi, Chilunga.  Why should there not be a Community Radio Station for the Budyas and Shumbas of Mutoko, the Nehorekas of Mutoko?  Why should there not be a Community Radio Station for the Ndaus of Chipinge to articulate their community issues?  Why should there not be a Community Radio Station for the Nambyas in Hwange, Matabeleland North?  Why should there also not be Community Radio Stations for special interest groups?

In Zimbabwe, many people support Highlanders Football Club.  Why can we not have a Community Radio Station for Highlanders Football Club, for Dynamos Football Club?  I support a poor team called Black Rhinos Football Club, a Community Radio Station for Black Rhinos.  We have churches Hon. Speaker; many of them are huge constituencies, the Catholic Church, the Anglican church, the Pentecostals: AFM and so forth.  In these other countries and in Kenya where they went to visit, these communities have a right to establish those community stations as their voices.

It is important Hon. Speaker Sir, to allow people to speak.  Part of the problem of Zimbabwe is that for 42 years, we have not spoken; for 42 years, we have hijacked ourselves under the labels that we give ourselves, whether the labels of political parties, tribe or region and that is not good enough Mr. Speaker Sir, because it fertilizes conflict and division.  Part of the problem Mr. Speaker is the way we name our provinces.  Why should we name our provinces Mashonaland East, Mashonaland West, Matabeleland?  Why can we not say Northern Region, South Western region and so forth?  Why do we create portals of division?  If you look at our national identity cards Mr. Speaker Sir, I am an R47 because I come from Murewa.  Others like Rusty Markham are zero zero.  Why should we be identified by the suffixes of our national identification cards?  If you are a 63, it means something else, and if you are 52, it means something else.

So continuously Hon. Speaker, we have created these portals, foundations of division but the thing that divides us most is politics.  Politics, in Zimbabwe, is suffocating because it is politics of intolerance, durawalls and division.  Where you have such corrosive politics Mr. Speaker Sir, it is difficult to come up with a common division.  It is politics of hatred, exclusion, intolerance, and regrettably Hon. Speaker Sir, 42 years after Independence, that politics is entrenched.

One of the things you will see in Kenya confirmed by the report and by Hon. Hamauswa; they have their divisions, politics, political parties, and electoral coalitions which change every year Mr. Speaker.  Who would have thought, Mr. Speaker, that in the last election, Raila Amolo Odinga fought President Uhuru Kenyatta but in 2022, President Uhuru Kenyatta is backing Raila Amolo Odinga against his own deputy, William Ruto?  It is because their politics Mr. Speaker has transcended a certain level.  They are able to speak the language of unified Kenya of one Kenya, one vision.  We are not able to do that because we have never had forces that unite us as Zimbabweans and there is conflict and conflict.

If you look at the hatred on social media Mr. Speaker Sir, if you look at some of the things that are said in this Parliament – the language of hatred is so entrenched.  We are not very far from Rwanda in 1994.  Mr. Speaker Sir, you know what happened in Rwanda in 1994.  In April, 1994 a million Tutsis were killed in Rwanda, and what was central to that genocide was actually a Community Radio Station.  A Community Radio Station run by the Hutus which treated the Tutsis as cockroaches.  The language we use in our society Mr. Speaker Sir, the language that we use in our country is not language of love.  It is not language of solidarity.

So I submit Mr. Speaker Sir, that we need to re-calibrate our mindset, social and moral fabric, we need to restore a new social contract, a new consensus that we can see each other as Zimbabweans.  It does not matter whether you are ZANU PF or not, it does not matter whether you are CCC or not, we learn to put Zimbabwe first but that has to start into communities that we live in, that has to start in the communities and villages that we stay – whether you are in Guruve, Dotito, Mukumbura, Chendambuya, Tsholotsho, Binga, Tjolotjolo – it has to start with that.

So I urge the following and accept and support the Committee’s recommendations.  Let us have a clear legislative provision, harmonised with the Constitution that recognises that establishing of Community Radio Stations and it is a constitutional right.  Let us remove red tape, bureaucracy in the establishment of Community Radio Stations.  Secondly, let us remove barriers to the establishment of Community Radio Stations.  The biggest barrier that is used is, of course, the entry requirements, the capital requirements of establishing a Community Radio Station.  You heard from the Chairperson of the Committee that it only requires a licencing fee of USD9.00 per year to establish and register a community licence, we need that.

Thirdly, Hon. Speaker, let us deal with hate speech.  Hate speech is already proscribed in terms of the Constitution.  What is hate speech Hon. Speaker Sir?  Hate speech is that speech that is not connected to anything that is objective.  So it could be language of a tribal nature, attacks the way you look, where you come from, your disability, your medical condition and so forth.  All those things constitute hate speech, your race and the colour of your skin.  Our Constitution, like most constitutions in the world, recognises that hate speech is not part of freedom of speech and it is not part of freedom of expression.  One can plead that I have got freedom of expression and I want to say something that is hateful.  Let us also make sure that just like we have universities in every region, we have a National University of Science and Technology in Matabeleland, we have a University in Lupane, it is so important that we have universities in every district or province in this country. 

It is also important that we have community radio stations, particularly community radio stations that are concomitant with the 14 languages that are spoken and spelt out in our Constitution.  Setting up a community radio station Mr. Speaker Sir now is very cheap - all you need is a computer.  The actual establishment of a radio station is not the problem.  What is the biggest problem in Zimbabwe is the legal environment, it is the registration legal requirements that can be dealt with if our broadcasting laws are hamornised with the Constitution and so far, that has not happened.  When we established these community radio stations, we must make sure that they are community radio stations, we must not allow them to be hijacked by political interests.  They must speak the languages of the communities and we know what is affecting our communities.  What is affecting our communities are community issues like drought, community issues such as the fact that for instance I was in my own rural home recently, people are concerned by the fact that cotton was bought but it has not been paid for, for two years.  The little payment that has been received has been payment in groceries, you do not need groceries when you are a farmer; you need money to buy inputs for the following season. 

Mr. Speaker, people are concerned by the fact that they are delivering grain to the GMB but the GMB is not paying and when it pays, it pays 75 000 dollars.  Community radio stations must speak to community issues - that is the relevance.  Community radio stations must speak to the issues that are affecting people.  What are the issues that are affecting our people - it is unemployment, it is the rate that is now at 1 200, it is being paid in bond notes when everything else is expressed in US dollars.  People are being paid late by the GMB when the agricultural season has started. 

Mr. Speaker Sir, I hope the Executive will listen and I hope the Executive will harmonise our laws so that the right to freedom of expression and the right of the media is codified and protected under Section 60 and Section 61 of our Constitution becomes a reality and is actualised.  I thank you very much Mr. Speaker. 

HON. MOKONE: I would like to thank Hon. Members who debated on this important report.  I move that the report be withdrawn from the Order Paper.

Motion, with leave, withdrawn.

MOTION

BUSINESS OF THE HOUSE

HON. TOGAREPI:  I move that the rest of the Orders of the Day be stood over until Order of the Day, Number 17 has been disposed of.

          HON. MPARIWA:  I second.

          Motion put and agreed to.

MOTION

REPORT OF THE 66TH SESSION OF THE COMMISSION ON THE STATUS OF WOMEN

          HON. BHUDA-MASARA:  I move the motion standing in my name that this House takes note of the Report of the 66th Session of the Commission on the Status of Women from 14th to 25th March, 2022.

          HON. MADIWA:  I second.

          HON. BHUDA-MASARA:

          1.0    INTRODUCTION

          UN Women convenes the Commission on the Status of Women (CSW) annually. The CSW’s mandate is, among other things, to receive State Parties reports, consider and prepare recommendations on promoting women's rights in political, economic and civil, and social rights. It is also an advocacy platform where calls are made to member states to address the challenges faced by women in all walks of life. This is in compliance with the provision of the Beijing Declaration and Platform for Action of 1995. The 66th Session was held in a hybrid format from March 14 - 25, 2022 under the theme, “Achieving gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction policies and programmes.This report provides a summary of major outcomes of the presentations and deliberations of side events attended by the Parliament delegation.

          1.1    Zimbabwe Delegation

  • The head of delegation- President of the Senate. Hon M. Chinomona,
  • Chairperson of the Zimbabwe Women’s Parliamentary Caucus (ZWPC) - Hon G. Kwaramba
  • Vice Chairperson of the Zimbabwe Women’s Parliamentary Caucus (ZWPC) - Hon S. Budha-Masara.
  • Chairperson of the Portfolio Committee on Women Affairs, Community and SMEs Development - Hon C. Madiwa
  • Parliament Secretariat, Deputy Clerk, Ms H. B Dingani, Director in Madam President of the Senate’s Office, Mr. K, Guvi, ZWPC Desk Officer, Mrs F Chidongo and Aide to Madam President, Ms. C. Makeke.

          2.0    OFFICIAL OPENING CEREMONY

          The Zimbabwe delegation was unable to attend the Official Opening due to the delay in arrival. However, the Zimbabwe ambassador to the United Nations and his officers attended and briefed the delegation on issues that had been highlighted. Besides the delegation from Parliament and the Ministry of Women’s Affairs, Community, Small and Medium Enterprises Development, Zimbabwe had representatives from the Zimbabwe Gender Commission, the Women’s Bank, the Ministry of Lands, Agriculture, Fisheries, Water Climate and Rural Resettlement, Ministry of Environment, Climate Change, Tourism and Hospitality Industry, Ministry of Energy and Power Development and Ministry of Local Government and Public Works.

          4.0    Side Events Hosted by Zimbabwe

          Zimbabwe held two side events. The first one on 17 March 2022 was co-hosted by the Permanent Zimbabwe Mission to the UN together with the International Atomic Energy Agency (IAEA). The purpose of this event was to highlight the contribution of science and technology towards agriculture. It featured specific projects implemented in Zimbabwe involving crop mutation breeding whilst exploring some of the myths around nuclear techniques and how farmers, scientists and policy makers can cooperate to support the achievements of government’s development priorities in agriculture. Nuclear technologies help to preserve soil and fresh water sources and support climate smart agriculture and enable development of more resilient crops to improve food security and adaptation to climate change. This is a tool for empowering women and girls, ensuring food security and sustainability, reducing poverty and ultimately enhancing development which has been used to produce new, mutant, drought and post resilient cow peas variant in Zimbabwe, resulting in higher crop yields for women farmers which has increased yields by 10-20% with support from the IAEA and UN Food and Agriculture Organisation.

          The second side event held on Wednesday 23 March 2022 was spearheaded and coordinated by the Ministry of Women Affairs, Community, Small and Medium Enterprises Development together with the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development, Ministry of Environment, Climate Change, Tourism and Hospitality Industry, Ministry of Energy and Power Development, Parliament and UN Women in Zimbabwe. The President of the Senate gave the opening remarks whilst setting the tone of the event. The purpose of the event was to demonstrate gender responsive interventions being done to mitigate against climate change in terms of policies and programmes and the need to increase gender integration into climate change.

          A documentary was showcased on three interventions on climate change. The first was a case study of the Pfumvudza project in agriculture, a panacea for empowering women in Zimbabwe and ensuring food security. The second was the success story of the Mashaba Solar Mini grid project addressing both productive and consumptive needs of women and men through renewable energy supply. The third was the famous tsotso stove which uses twigs for cooking fuel than logs hence reducing deforestation. The documentary highlighted the training of women in setting up biogas digesters and also the usefulness of nutritional gardens.

          5.0    OUTCOMES FROM SIDE EVENTS DELIBERATIONS

          The triple planetary crisis of climate change, biodiversity loss and pollution poses a threat to the lives, livelihoods, economies, culture and health of communities and societies worldwide. Its human rights impacts are compounded by gender-based discrimination and disproportionately affects women.

          5.1 Climate Change and Sexual Reproductive Health Rights (SRHR)     

          The climate crisis directly and disproportionately impacts women and girls’ lives and well-being and deepens gender inequality. This impact can be felt acutely as regards SRHR. Addressing the interconnections between gender equality, the environment and sustainable development is crucial for SRHR and elevating the voices of women is central. An often overlooked aspect of the climate crisis is how it intersects with sexual and reproductive health and rights (SRHR). There are a range of devastating impacts including increased levels of sexual and gender-based violence, reduced or unavailable services in areas affected by climate-related disasters, meaning access to services like contraception, safe abortion care, and STI testing, and treatment is blocked as well as impacts on menstrual health and hygiene. Through a diverse panel of speakers from UN organizations, civil society and governments, these linkages highlighted the importance of promoting women’s leadership. A good example was that of Cyclone Idai where infrastructure was destroyed and women had no access to SRHR. There is need for extensive analysis of SRHR evidence and to consider the transferability of promising approaches and lessons on gender programming from the SRHR space to strategies and interventions aimed at mitigating and responding to climate change. 

          5.2 Women, Climate Change and Clean Fuels

          Much is known about the disastrous impact of traditional cooking fuels and technologies on the health and productivity of the 2.8 billion people – for the most part women – who lack access to clean cooking. Focus on the virtuous cycle clean cooking can trigger for women: better health, better economic opportunities, increased participation in community affairs, leadership due to reduced unpaid care work and overall better gender equality. The voices of both the private sector and the public shared encouraging stories about women’s ability to transition to clean cooking and to enhance gender equality through specific interventions in the clean cooking area. The government should therefore tap into PPPs to invest in clean energy in light of empowerment of women and mitigate against climate change.

          5.3 Women, Climate Change and Health

          The events were a continuation of a long term agenda to incorporate women’s life course healthcare into the UN agenda with a focus on Universal Health Coverage (UHC) especially in context of the greatest burdens of global diseases.  These include the major non-communicable diseases (NCDs), specifically cardiovascular diseases, cancer, diabetes, respiratory illnesses and mental health conditions.  With the challenges of COVID-19, NCDs have taken centre stage in relevance to healthcare.  With the increasing concerns of the consequences of the impact of climate change, and the major role of women in family health, and providing frontline community healthcare, the importance of UHC and women’s health must be addressed in a systematic and cohesive manner. 

          The UN Friends of Vision also hosted and discussed the intersection between vision, gender and climate change, and called for the urgent need to dismantle structural and socio-cultural barriers that contribute to keeping women and girls trapped in poverty and disproportionately vulnerable to vision impairment and climate change. Climate change and eye health are linked in a cause-and-effect cycle that threatens to undo decades of progress in global health and leave vulnerable populations of women and girls at risk of being left behind. The economic, social, and cultural norms that make women and girls in low and middle-income countries more susceptible to poverty are the same factors that put them at greater risk of vision impairment and climate change related events especially using unclean fuels. Conversely, the impacts of climate change and vision impairment perpetuate the cycle of socio-economic marginalization of women and girls and impede progress towards gender equality. A call is made to the executive to provide adequate funding to the Ministry of Health and Child Care to address the raised health concerns.

  1. Women and ICT Solutions to Environmental Disasters Risks and Climate Change and Technology

          Telecommunication infrastructure, technology, services, and standards are fundamental in both reducing the risk of disasters and in responding to disasters that occur as a result of natural hazards. Information communication technologies (ICTs) can help to map hazards and risks, provide early warning of disaster events, maintain lines of communication for affected people as well as national and international responders, and ensure access to vital information in the aftermath of disasters. While the potential of ICTs to save lives has been clearly demonstrated over the past decades, there remains a fundamental gender inequality in digital access that can have deadly consequences. Emergency telecommunications response experiences in the past have shown that “...the timely receipt, understanding and acting on life saving information during disasters is proportional to the access to, and use of, voice and data connectivity.” Globally women are 12.5% less likely to use the internet and this digital gender divide reaches up to 33% in least developed countries. Gender-based gaps in the access to, and usage of ICTs and to the corresponding digital opportunities mean that not only are women prevented from accessing life saving information in crisis situations, endangering entire communities, but also from equal participation in the societal level responses and long-term resilience building processes. Women’s perspectives, skills, and experiences are not equally represented, developed, or utilized in disaster risk management. It is vital that they are included in the design of policies and programmes to ensure existing social inequalities are not further entrenched. When it comes to developing risk reduction policies and programmes, a woman’s ability to access, use and engage with ICTs has a direct impact not only on her own survival but on the resilience and safety of her whole community

          5.4    Women, Climate Change and Livelihoods

          The impacts of climate change compound economic, political, social and environmental pressures which can lead to the loss of livelihoods, increased competition over resources or displacement and  migration, as well as volatile food prices and provisions, among others. These risks can undermine relationships, social cohesion, peace and security, as well as reverse gains made to development.  However, gender dynamics are still generally lacking in climate-security policy-making and practice to date. Women in developing countries like Tanzania, have their livelihood dependence on land and natural resources.

          Reports have shown that land use activities contributes to the total carbon emission but on other hand, land-based solutions which engage women contribute to overcoming challenges of climate change, food insecurity and land degradation. The Land Use Planning Framework in Tanzania guides communities to plan, use, govern and manage land and land uses. Holistic implementation of the framework guarantees women’s land and other related rights, but also contributes to the fight against climate change. Reports have shown that land use activities contributes to the total carbon emission but on the other hand, land-based solutions which engage women contribute to overcoming challenges of climate change, food insecurity and land degradation. Holistic implementation of the framework would guarantee women’s land rights and other related rights, but also contribute to the fight against climate change. Zimbabwe could take a leaf from the Land Use Planning Framework in Tanzania.

          5.5    Women, Religious Actors and Local partners as Front Liners of Climate Change

          Women and girls in all their diversity are on the frontline of the climate emergency. In communities experiencing climate-induced crises, women, religious actors and local partners are frequently first responders advocating for policy changes, and transforming social norms.  Religious actors play an important role in the formation of people’s values, norms of acceptable behaviour and life roles. Consequently, religious actors occupy a unique position to make trans- formational and sustained progress towards gender equality and empowerment and local partners are critical stakeholders in achieving gender equality and climate justice. Women also have a unique perspective to develop creative and effective solutions. The relevance of integrating women’s leadership and gender equality into climate policies and action is acknowledged internationally. At COP26 for instance, it was recognized “that the full, meaningful and equal participation and leadership of women in all aspects of the UNFCCC process and in national and local level climate policy and action is vital for achieving long term climate goals”. Women have also proven to be crucial agents of change in the areas of resource sustainability and driving forces behind the shift to a well-being economy.

The necessary responses to climate change will have to include a broad social and economic transformation. Recognizing the need to first collect relevant gender-sensitive and disaggregated data calls for capacity building for gender-transformative and inclusive strategies and policy approaches to climate change.

          5.6    Climate Finance and Gender Justice

          The climate emergency demands urgent and gender-transformative action. Structural and systemic gender inequalities shape the climate emergency. Unequal participation in formal economies and decision-making processes, limited access to finance and information, and greater domestic responsibilities compounds gender inequalities. The power of gender-responsive finance is needed to turn words into action. 

In practice, gender is still not fully integrated in many climate adaptation policies, plans and programmes. Implementation of and funding for gender responsive climate adaptation remains a challenge.

            6.0       ACTION PLAN BY THE DELEGATION

            6.1       The delegation recommends that the Zimbabwe Women’s Parliamentary Caucus and Parliament should;

Item

Action

Responsibility

Timeline

 

1.Call for adequate resources to be availed towards ministries dealing with climate change issues,

 

-  Exercise their role in the budget making process

- Advocacy on adequate budget allocations for climate change programming

- Oral evidence from Ministry of Agriculture on Nuclear Technology in fighting climate change and empowering women

Portfolio Committees:

 

1.Portfolio Comm on Lands, Agriculture, Fisheries, Water and Rural Development,

2. Portfolio Comm on Environment, Climate, Tourism and Hospitality Industry.

3 Portfolio Comm on Energy and Power Development,

ZWPC

Work plans to be determined by Committees

 

Pre- budget Seminar 2022

2. Conduct outreach activities to rural communities on Climate change

 -Raise awareness in rural communities on the need for women to be actively involved in climate change committees at local level

- Partner with relevant ministries to go on tours of climate change adaptation and mitigation projects eg. Tsotso project

Mashaba Solar grid project and the

Biogas digesters

1.      Zimbabwe Women’s Parliamentary Caucus

2.      Portfolio Committee on Environment, Climate and Tourism

Work plan to be determined by the portfolio Committee

 

September 2022

3.Increased women participation in mitigation and adaptation to climate change national strategy

-          Exercising its oversight function Parliament must call on the Ministry ensure the national strategy on Climate change mitigation and adaptation provides for full and effective participation of women

-          Advocacy work by the ZWPC through engagement of the Ministry of Environment and Tourism

-          Lobby for the updating of the Climate change policy

1.      Portfolio Committee on Environment and Tourism

2.      Thematic and Portfolio Committee on Women Affairs Gender and Development

 

3.      Women Caucus

Work plan to be determined by the Portfolio Committee

December 2022

ZWPC to engage Ministry by September 2022

4.Engage Private sector on the need for women active participation in Climate change mitigation and adaptation

-Oversight - Engage mobile networks to assess their role in mobile communication networks and partnerships in disaster risk management programmes

-Advocacy by the ZWPC on Public Private Partnerships (PPPs) in funding Climate change

1.      Portfolio Committees on ICT, Postal and Courier Services,  Women Affairs CSMED, Thematic Committee on Gender and Development

2.      ZWPC

 

Work plan to be determined by the committees

 

ZWPC Work Plan

September 2022

5.Legislative analysis

-          Legislative function- Ensure the Climate Change Bill is gender inclusive and sensitive.

-          Conduct a Bill analysis –identify gaps and present amendments

-          Advocacy role of the ZWPC – roll out the 50/50 position composition in all boards relating to Climate change

-          Work with Women’s Rights Organisations WROs on climate change issues especially on SRHR.

-          Legislative/ representative functions on National Health Insurance in line with NDS1

-          Advocate for a National Health Insurance in line with NDS1

Portfolio Committees;

1.      Women Affairs, Community Small and Medium Enterprises Development

2.      Labour and Social Services

3.      Health and Child care

4.      Thematic Committee on Gender and Development

 

5.      Women’s Caucus

 

Work plans to be determined by relevant portfolio committees

 

December 2022

 

          4.0    Conclusion

          When climate adaptation plans, policies and programmes are gender responsive or transformative, they address important barriers to equitable adaptation and resilience strengthening such as gender and social inequalities or differences in vulnerability. Robust gender analysis is key to understand and integrate indigenous knowledge and expertise. Women’s meaningful participation and leadership in climate action and climate diplomacy ensure the inclusion of priorities of women, girls and other marginalised groups. Women’s meaningful participation and leadership in climate action and climate diplomacy ensure the inclusion of priorities of women, girls and other marginalised groups. I thank you.

HON MADIWA:  I want to second the report tabled by Hon. Masara on the 66th Session of the Commission on the Status of Women whose theme was - Achieving Gender Equality and Empowerment of Women and Girls in the context of Climate Change, Environmental and Disaster Risk Reduction, Policies and Programmes.

To start with, I want to thank the Government of Zimbabwe for availing resources for the delegation to attend the CSW. Zimbabwe is a signatory to various protocols on women. This is a step in the right direction as we talk of women advancement and empowerment. Let me say Zimbabwe has ratified a lot of international protocols and declarations, for example the Beijing Platform of Action and CEDAW. At continental level we have the Maputo Protocol and at regional level we have SADC Gender Protocol. At local level, a lot has been done by our Government, for example our Constitution which is the supreme law of the land promotes gender equality by stating that men and women are equal. All these are efforts by our Government to make sure that everyone is taken on board as we talk of developmental issues. As we talk about discrimination, at continental level, Zimbabwe has been seen as one country that has driven the gender agenda very well. I want to thank our Government for that.

The CSW is a platform whereby UN member states come together to showcase what they are doing or to give reports on what they have been doing in terms of implementation of the Beijing Platform for Action. No wonder why I am thanking our Government because every year Zimbabwe sends a delegation so that it shows the whole world what is being done when we talk of women empowerment and advancement.

The CSW is a principal global inter-governmental body dedicated to gender equality and empowerment of women and it is a functional commission of ECOSOC, the Economic Commission of the Economic and Social Council which was established in 1946. Nations come together to exchange ideas and report on what they are doing in terms of implementation of the Beijing Platform for Action. Every year there is a theme and this time we are talking of women and climate change. Every year there is a special theme that is given a priority that is discussed and this year it was on climate change.

I am glad that the Zimbabwe delegation had a lot to showcase at the CSW. We have a lot of good practices when you talk of women and climate change. Let me say women are increasingly being vulnerable than men when we talk of the impact of climate change because of the levels of poverty. As we talk of climate change and poverty, we cannot really underestimate that poverty and its impact on climate change.  When we talk about this country’s population, we are talking of a population that is almost 15 million according to the recent census. More than 52% of this population are women. We have been marginalised and failing to get access to a lot of resources and means of production that can improve our welfare.

I want to thank our Government for the interventions that have been put in place to make sure that women advance economically. On the same note, if we talk of women and poverty, we cannot run away from the fact that the majority of these women that we are talking about in our country live in the rural areas and they depend on threatened natural resources. We talk of firewood which is a major source of energy for our rural women.  The majority of the 52% that we are talking about, more than 70% of this majority lives in the rural areas and they depend on our natural resources.  So as a country, we cannot run away from coming up with very sensible interventions to ensure that we deal with climate change.  I think we have all witnessed the impact of climate change, the Cyclone Idai, the droughts and the general change in weather patterns.  Another expert actually highlighted that more than 55 million of the world’s population were displaced in 2020 or 2021 because of the effects of climate change.  We also experienced this displacement when we experienced Cyclone Idai.  A lot happens when people are displaced Mr. Speaker Sir.  We talk of cases of gender based violence when people are displaced and put in camps.  We talk of violence and in essence, we are saying there is a lot that we can do as a country to make sure that we curb effects of climate change.

          Like I have already alluded to, a lot was showcased.  We talk of the documentary on Pfumvudza that was showcased at the CSW, the tsotso stove, side events that were showcased by the Ministry of Agriculture on crop rotation.  All these are an effort to deal with the issues of climate change.  A lot has been done but we can still come up with a lot of interventions to make sure that as we talk of women and climate change, the country is coming up with other interventions.  We applaud our Government for having a lot of programmes for the advancement of women.  We talk of our popular women’s bank which is there to make sure that women do not remain poor and have access to capital to do any type of business that will empower them.  We thank our Government for that.  However, we will still ask our Government to do more, for example increased capitalisation of the Women’s Bank so that whoever wants to borrow from the Women’s Bank from the rural areas, there is enough capital in the Women’s Bank for our women to borrow. 

We also want to have our women in most of the committees or fora where climate change issues are discussed, for example in the Ministry of Agriculture, Ministry of Environment, etcetera, let us see women being part and parcel of the process of curbing effects of climate change. 

          At the moment, if we look at the number of women in decision making positions, they are very minimal and this has some impact when we talk of decisions being made on their behalf yet we are saying women are the majority of our people.  We therefore appeal to our Government to make sure that there is inclusive participation of women in everything that has to do with climate change.  There is also need to realise that the people on the ground have a lot of energy and expertise in curbing climate change effects.  So, as we go to rural areas or wherever we go, let us not see these people as requiring hand-outs or some donations in the form of money or having civil society organisations asking for money to give to our people.  These people need to be capacitated so that they can manage these disasters on their own.  Imagine a disaster comes into their area and people do not even know what to do especially women who we are saying they are the majority of people in the rural areas.  They do not want these hand-outs but our communities should learn to adapt and use what they already have.  They want to be agile and turn disaster into progress.

          All I am saying is that we want to bank on our people and not give them hand-outs when we face disasters, especially our women.  Let us utilise the energy they already have so that they will be able to cope with any disaster that they may face.  We can also not under estimate the role of information to our people.  In the report, a lot has been said in terms of access to information by our people.  Like I have said, our women are the majority that have been marginalised in terms of their literacy levels and access to resources.  Let us use the right media so that as we drive our information to the grassroots, all people, even those who cannot read and write are in a position to access any information that can be availed on climate change.  There is a lot that we can do such as participation in the mitigation and adaptation to climate change should include women.  As long as we do not include them, they will bear the brunt of climate change. We want to make sure that we are all prepared and our women also are well prepared.  I thank you.

          HON. MPARIWA:  Let me begin by thanking Hon. Masara and Hon. Madiwa for presenting the CSW66 of the Zimbabwe Women’s Parliamentary Caucus.  CSW66 means 66 times women going there to gather and meeting with various Parliamentarians and stakeholders speaking on these issues and I want to believe and associate myself with what the report speaks to and the issues that they have picked up as problem areas where we need improvement and there is need to actually empower women in terms of every other aspect.

          Madam Speaker, I will start with the very first paragraph where there was mention in terms of the introduction on the delay of arrival of our delegation in New York. To those who know, it is a long and lengthy flight and my plea is that there is need for us as Parliament, to have proper logistical arrangements, timing and planning in terms of the departure so that our delegation benefits from the very first day so that we do not belabour our Ambassador in New York in attending these meetings when the delegation has not yet landed in New York. We can do better I know, it is merely a plea. Whatever the reason behind the delays, it is fine but I think we need to improve in terms of all our delegations. Arrivals should be timeous so that they get to relax, get accommodation and refresh themselves before they attend meetings.

          I will move on to the several issues that have been mentioned in the report. I will go to climate change in terms of fuel where women end up being the people that are actually affected when there is no fuel or energy. Women end up getting firewood in terms of cooking - I hope and trust that we will, as a country be able to learn the processes where we can actually lighten the burden on women so that there is enough fuel or energy for women to migrate from firewood to actually using gases and modern technologies in dealing with cooking.

          The other issue marrying with that is also on the land rights and food insecurity but in order for us to attain food security, we need to use new technologies, devise new technologies so that we lighten the burden on women in terms of farming. You take Pfumvudza for example, where people use hoes to plough and plant maize or any other product in terms of farming. We need to give or provide technologies that fasten and lighten the burden on women. This applies to all the women globally because 70% of the food we consume comes from the hands of a woman. By now we should be ready to provide those technologies that lighten the burden on women because they are the majority. We are now 54% and we proudly speak as women that when the majority is not freed or is suppressed, then we may not be able to speak proudly about the progress that Zimbabwe has done in terms of promoting women’s empowerment.

          Limited access to resources Madam Speaker, yes we have the Women’s Bank as Zimbabwe as a success story but as we move forward, we need something that leverages the capacity of women to access even the normal banks where we are not locked up in the Women’s Bank. There are women who can actually access resources who have the capacity to apply either at CBZ, ZB or any other commercial bank but they are actually locked out of the Women’s Bank. Then we leave those who are locked out because they are not able to access in commercial banks. What I mean to say here is if we continue to say the Women’s Bank is just for women, I think something is wrong. We need women who can compete with men to go to the commercial banks in order to access resources.

          The other one is on the ICT gap in terms of gadgets and cost of data. The mode of communication at the moment for the basic woman in the rural areas is the kambudzi because it stays long with power or battery, communicates easily as the network connectivity is easy. I think we can do better as a country as well in order for us to have those gadgets that are able to connect and empower the rural woman to be on Whatsapp as well like my colleague Hon. Togarepi is doing. We need women in the rural areas to also access Whatsapp so that the communication gap is also avoided.

The other one is women’s health, GBV. Madam Speaker, you will see that when the women were speaking at the CSW66 in terms of gender based violence, it is a global problem and it has picked up even during the time of COVID-19. At the peak of COVID-19, you would hear from every other part of the world that GBV has increased and I hope and trust that we will be able to deal with GBV. We understand in some parts of our country, GBV has actually increased and we need to deal with this scourge so that at the end of it all, when we go to CSW67, we will be telling a different story.

The final points that I have are implementation, monitoring and evaluation. On the implementation, when all has been said and done, the recommendations, conclusions, observations and our success stories on what we actually displayed as a country, we need the various ministries to actually implement the recommendations and what we have learnt from other countries and stakeholders at the CSW year in, year out. The lead Ministry will be the Women’s Affairs but I would want to believe that when we talk about the health issues, the Health Ministry comes in. When we talk about agriculture, the Ministry of Agriculture comes in and when we talk about resources, the Ministry of Finance comes in, so it is every other Ministry. We need implementation of the recommendations that have been drawn by the Caucus so that they get implemented.

We need also to monitor the progress in terms of what has happened from the CSW1 to the CSW66 one. Then evaluation, what has been the outcome in terms of resource usage, what has been the outcome in terms of every other aspect that has been implemented. What you cannot monitor, you cannot evaluate. So, we need to be hands on in terms of these recommendations, the gatherings that we attend and monitoring and evaluation becomes key because we cannot do without them. Thank you.

HON. BHUDHA-MASARA: I move that the debate do now adjourn.

HON. TEKESHE: I second.

Motion put and agreed to.

Debate to resume: Wednesday, 27th July, 2022.

On the motion of HON. TOGAREPI, seconded by HON. TEKESHE, the House adjourned at Twenty-Eight Minutes past Six o’clock p.m.

 

 

 

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