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NATIONAL ASSEMBLY HANSARD 29 MAY 2018 44 61

PARLIAMENT OF ZIMBABWE

Tuesday, 29th May, 2018

The National Assembly met at a Quarter­past Two O’clock p.m.

PRAYERS

(THE HON. SPEAKER in the Chair)

ANNOUNCEMENTS BY THE HON. SPEAKER

DEATH OF HON. MIKE GAVA AND HON. JOSEPHINE

CHITEMBWE

THE HON. SPEAKER:  It is with profound sorrow that I have to inform the House of the untimely death of Hon. Mike Gava, a Member of Parliament for Mhondoro­Ngezi Constituency on Tuesday, 22nd May, 2018 and the death of Hon. Josephine Chitembwe, Proportional Representation Member of Parliament for Harare Metropolitan Province on Monday, 28th May, 2018.  May I invite you Hon. Members to rise and observe a minute of silence in respect of the two late Hon. Members.

All Hon. Members observed a minute of silence.

LEADER OF THE OPPOSITION

THE HON. SPEAKER:  I would like to inform this House that at its meeting held on 21st May, 2018 the Committee on Standing Rules and Orders was advised by the MDC T that Hon. Advocate Nelson Chamisa is now the Leader of the opposition in Parliament.

APPOINTMENT TO THE COMMITTEE ON STANDING RULES AND

ORDERS

THE HON. SPEAKER:  At the same meeting, Hon. Paurina Mpariwa was endorsed as a member of the Committee on Standing Rules and Orders.  This followed the expulsion of Dr. Thokozani Khupe from

Parliament in April, 2018.

ZIMRA ENGAGEMENT WORKSHOP

THE HON. SPEAKER:  I would like to inform the House that there

will be a Parliament of Zimbabwe ZIMRA engagement workshop on 6th

June, 2018 at the Harare International Conference Centre.  All Members of Parliament must attend this very important workshop, which is meant to enhance mutual interaction between Parliament of Zimbabwe and ZIMRA on matters relating to national revenues.  The workshop will begin at 0800 hours in the morning and all Members of Parliament must be punctual.

TABLING OF REPORTS

THE MINISTER OF JUSTICE, LEGAL AND

PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr.

Speaker.  In terms of Section 12 of the Audit Office Chapter 22:18, I lay upon the table, the reports of the Auditor General, presented to Parliament in 2018; Report on the preparedness in the provision of fire and ambulance services by local authorities under the Ministry of Local Government,

Public Works and National Housing and the Report on Construction of

Housing Units and maintenance of Government houses by the Ministry of Local Government, Public Works and National Housing.  I lay the reports before the House.

Mr. Speaker Sir, in terms of Section 323 of the Constitution of

Zimbabwe, which provides that ‘Every Commission must submit to Parliament through the responsible Minister an annual Report describing fully, its operations and activities.  In observance of this constitutional requirement, I therefore lay upon the table, the Judicial Service Commission of Zimbabwe’s Annual Report for 2017 and the Zimbabwe

Gender Commission’s Annual Report for 2015/2016.

THE HON. SPEAKER: I hope they will be debated.

HON. ZIYAMBI: I hope so Mr. Speaker Sir.

HON. MLISWA: Thank you Mr. Speaker Sir.  I rise as a matter of concern that you announced the death of two Members of Parliament.  It seems to be the order of announcing when people die but we are never told when they are sick.   I think it will be important for us to take stock when Hon. Members are not feeling well so that we are told and we pray and visit them in hospital.  I do not know whose responsibility it is, but I think it is important from a humanly point of view for us to also keep track and be able to do what is good.  Thank you Mr. Speaker Sir.

THE HON. SPEAKER: Thank you.  I hear you Hon. Member. There are two sides of the coin; some family members prefer privacy when a member of their family is not feeling well whilst others may be prepared to let the world know.  So, it will only be done with the permission of the affected Member so that if permissible, Hon. Members can visit their colleague in hospital.  I too was taken aback because I did not know that these two Members were hospitalised, only to learn about their death, that is a bit unfortunate.  At least the Presiding Officers needed to know and permissible by the family members of the affected Member, we may then announce that in the House.

CONSIDERATION STAGE

CIVIL AVIATION AMENDMENT BILL [H. B. 4A, 2017]

First Order read: Consideration: Civil aviation amendment Bill [H.

  1. 4A, 2017].

Amendment to Clause 3 put and agreed to.

Bill, as amended, adopted.

Third Reading: With leave forthwith.

THIRD READING

CIVIL AVIATION AMENDMENT BILL [H. B. 4A, 2017]

THE MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT (HON. DR. GUMBO): Mr. Speaker Sir, I now move

that the Bill be read the third time.

Motion put and agreed to.

Bill read the third time.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF JUSTICE, LEGAL AND

PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that Orders

of the Day, Numbers 2 to 4 be stood over until Order of the Day Number 5 has been disposed of.

Motion put and agreed to.

COMMITTEE STAGE

MINES AND MINERALS AMENDMENT BILL [H. B. 19, 2015]

Fifth Order read: Committee Stage: Mines and Minerals Amendment

Bill [H.B. 19, 2015].

House in Committee. Clause 1 put and agreed to.

On Clause 2:

HON. NDUNA:  Thank you Mr. Speaker.  I propose that there be further amendments to the small scale miners downwards from the 50 people employed to 10.  Also from 40 hectares to just one block which is 10 hectares.  Mr. Speaker Sir, I say so because I am quite alive and aware that there are people who do not have 40 hectares that produce much more than what is required in terms of the quantum 1 200 tonnes per annum. So, I propose the variation from 40 hectares to 10 hectares which is one block from the 50 employed to 10 so that we do not lose unnecessarily the gold that we so want to protect using this Act Mr. Chairman and that we also speak to the artisanal miners.  They do not employ that many but in their small number, they produce quite a lot and you could be alive to the fact that they are the biggest producers and far bigger than the large scale miners as we speak, having produced up to now maybe above 13 to 14…

THE DEPUTY CHAIRPERSON: Order, order Hon. Member.

What section are you debating on?

HON. NDUNA:  Clause 2 Mr. Speaker Sir ­ the new one that has been proposed by the Minister.  I am further making a counterproposal for the downward variation, not for the repeal or for removing that section completely.  You have an addendum to your Order Paper Mr. Speaker Sir.

THE MINISTER OF JUSTICE, LEGAL AND

PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):   On a point of

order.  I think that Hon. Nduna is far ahead of all of us.  This is Clause 2 and we are not yet at Clause 4.  So, I think he is speaking to Clause 4.

Clause 2 put and agreed to. ­ [HON. MEMBERS: Inaudible

interjections.] ­

THE DEPUTY CHAIRPERSON: Order, please Hon. Members, I

think let us lower our voices, we are too loud I cannot even hear myself here.

Clause 3 put and agreed to.

On Clause 4:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): Thank you Mr. Chair.  I move the amendment standing in my name that:

On page 2 of the Bill, by the insertion of a definition under paragraph

(i) after the definition of “representative” as follows­

“small scale miner” means a Zimbabwean indigenous person employing not more than 50 people including contractors, on a registered mining location of not more than 40 hectares in extent, who produces and or processes not more than 1 200 tonnes of ore per year” Amendment to Clause 4 put and agreed to.

Clause 4, as amended, put and agreed to.

HON. NDUNA: I have no debate Mr. Chair, I think I am guided accordingly on Clause 4.

On Clause 5:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): Mr. Chair, I move the amendment standing in my name that:

On page 2 of the Bill, by the repeal of section 5A (2) and (4) and substitution of subsection (2) as follows­

“(2) If the Minister after consultation with the Committee, and the Cadastre Registrar, determines that it would be in the interests of the development of the mining industry in Zimbabwe, he or she with the approval of the President, shall, by order published in the Gazette, designate any mineral to be a strategic or non­strategic mineral in terms of this section.”

Amendment to Clause 5 put and agreed to.

Clause 5, as amended, put and agreed to.

On New Clause 6;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): Mr. Chair, I move the amendment standing in my name that:

On page 3 of the Bill, by the deletion of a new clause after section 6 of the Act as follows­

Section 6 (“Establishment and functions of Mining Affairs Board”) of the principal Act is amended by the deletion of “Board” and substitution of “Committee” throughout the section.

Amendments to New Clause 6, put and agreed to.

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

HON. NDUNA: Mr. Speaker, I just want to congratulate the Minister on the deletion of “Board” and insertion of “Committee” I say this is progressive Mr. Chair, in that it actually gives some ownership yes, to the Minister but it does not increase a lot of revenue that is due to the former set up which was the board.  The Committee in itself Mr. Speaker

Sir is quite small and the composition …

THE DEPUTY CHAIRPERSON:  Order Hon. Members!  Order

please.  If you have something to discuss with your colleague, there is a lobby and also there is our canteen there.  You may go there for a cup of tea.  Let us lower our voices so that we hear the debate.  Hon. Nduna, you may continue.

HON. NDUNA:  Mr. Speaker Sir, the Committee in itself is quite compact in so many ways than one in that it comprises a lot of big minds in the mines and minerals sector.  So, I stand here to applaud the Minister for having gone that route and I give an opportunity to all other parastatals and Ministers to follow suit Mr. Speaker Sir, not to be moribund and archaic and always want to structure their parastatals and departments through boards.  They should take a cue from the Minister of Mines and Mining Development and structure their departments through committees which are progressive and give room to sectors that are in the mines and minerals to give contribution in terms of manpower from a knowledge base or those people who know what they are doing in the mines and minerals sector.

HON. CROSS:  Mr. Speaker Sir, I just want to compliment the Minister for the recognition of the small scale miner in this Bill. I think this is a huge step forward for us as a country and I want to say

makorokoto.”

HON. CHITANDO:  Mr. Speaker Sir, I take the comments as given and I concur once again that he is in the right direction.  Thank you Mr.

Speaker.

New Clause 6 put and agreed to.

On Amendment to Clause 6 (Now Clause 7);

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO):  Thank you Mr. Speaker Sir, I propose amendment of Clause 6.  On page 3 of the Bill, Clause 6 is amended –

  1. In line 27, delete the words “Constitution of the Board” and substitute with “Constitution of the Committee”,
  2. By the deletion of repeal of subsection (1) and the substitution of the following –

“the Committee shall comprise of 12 people of which

  1. Six shall be from the Ministry responsible for this Act;
  2. Six other members appointed by the Minister, with whom he or she shall in their appointments endeavor to observe fifty per centum gender balance, of whom –
  3. Two shall be appointed by the Minister from a panel of at least six names submitted by the Chamber of Mines of Zimbabwe; ii. One shall be appointed by the Minister from a panel of at least three names submitted by an association which, in the Minister’s opinion represents the interests of small scale miners in

Zimbabwe;

iii. One shall be appointed by the Minister from a panel of at least two names submitted by an association which in the Minister’s opinion, represents the majority of farmers in Zimbabwe; iv.        One shall be a member of the Institute of Chartered Accountants of Zimbabwe, incorporated by the Chartered Accountants Act [Chapter 27:02], who is practicing in Zimbabwe as a public auditor or public accountant; and

  1. One shall be appointed for his or her experience or professional qualifications in any profession or calling considered by the

Minister to be of assistance to the Committee.”

HON. NDUNA:  Mr. Speaker Sir, on (b) (iii) Mr. Speaker Sir, “One shall be appointed by the Minister from a panel of at least two names submitted by an association which, in the Minister’s opinion, represents the majority of farmers in Zimbabwe.”  Mr. Speaker Sir, it is prudent right there to say, one from the small scale farmers and one from the large scale farmers.  This is because this Act applies to the whole nation, so wherever it is that the Minister wants a farmer to be appointed without any inclination or without sidelining any other farmer, it is prudent to say one from the small scale farmers and one from the large scale farmers.  That is going to put to rest any shenanigans in that sector.

Also Mr. Speaker Sir, I see from this progressive section that the

Minister at some point during his amendments is going to prove to this House that the Mines and Minerals Act no longer supersedes the Lands Act of 2000.  The Mines and Minerals Act is at parity in terms of pros and power with all other Acts so that no Act in Zimbabwe supersedes any other Act and the supreme law becomes the Constitution.  I thank you.

HON. MLISWA:  I think what is important to understand on this clause is that the Minister in his opinion represents the majority of the farmers. You cannot break down the farmers because if you say large scale and small scale, you are now leaving out the rural farmers.  This addresses the people who are involved in farming in the entirety; not large scale, small scale and rural you leave out.  They are all farmers.  So, I think it is good as it is.

THE DEPUTY CHAIRPERSON:  Hon. Mliswa, it is for the

Minister to say so.

HON. CHITANDO:  Thank you Mr. Speaker Sir.  There are two comments which have been raised by the Hon. Member.  Firstly, relating to the representation of the farmers board.  The whole objective is to have a farmers’ representative who will see the interaction between the Mines and Minerals Act with the whole farming community.  In my opinion Mr. Speaker Sir, whoever is chosen for their competencies to represent the farming sector, irrespective of whether they are coming from the large, small or rural farmers should have the ability to defend that interaction between the farming community and the Mines and Minerals Act.

On the second point Mr. Speaker, surely the Constitution of Zimbabwe overrides all these Acts and I believe that the things as they stand should suffice in terms of the spirit in which we are looking at the amendments of the Bill.  I thank you Mr. Speaker.

Amendment to Clause 6 (Now Clause 7), put and agreed to. Clause 6, (now Clause 7), put and agreed to.

On Clause 8:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO):  Thank you Mr. Speaker Sir Clause 8, on Page 5 of the Bill, is amended by the repeal of Section 15 (1) amending Part III of the Act and substitution as follows:­

“(1) The Secretary shall appoint a senior servant of the level of

Director or above employed in the Ministry responsible for this Act to be

Hon. Cross having answered his phone in the House.

THE DEPUTY CHAIRPERSON:  Order, order Hon. Minister.  I see a very responsible senior Hon. Member here answering his phone in the Chamber.  May the Hon. Member go out please – [Laughter.] – Hon.

Cross, you may attend to your phone outside the Chamber please.  Hon.

Minister, you may proceed.

HON. CHITANDO:  I will just read that Section again. “The Secretary shall appoint a senior civil servant of the level of Director or above employed in the Ministry responsible for this Act to be the Cadastre

Registrar”.  I submit Mr. Chairman.

Amendment to Clause 8 put and agreed to.

Clause 8, as amended, put and agreed to.

Clauses 9 to 12 put and agreed to.

On Clause 13:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): Mr. Chairman, on Page 10 of the Bill, is the proposal to amend by the deletion of the definition of “ninety­nine year lease or permit” in the new Section 63 and substitution of –

“ninety­nine year lease or permit” has the meaning given to those terms in the Land Commission Act [Chapter 20:29]  (No. 12 of 2017); so I submit Mr. Chairman.

Amendment to Clause 13 put and agreed to.

Clause 13, as amended, put and agreed to.

Clause 14 put and agreed to.

On Clause 15:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO):        On Page 46 of the Bill, is amended by the

amendment of Section 143 in line 8 by the deletion of Paragraph (b) of the words, “energy mineral, precious stones and”.

Amendment to Clause 15 put and agreed to.

Clause 15, as amended, put and agreed to.

Clauses16 to 40 put and agreed to.

On Clause 41:

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): I propose on Page 56 of the Bill that it be amended by the deletion of the definition of “small scale miner”. So I submit Mr.

Chairman.

Amendment to Clause 41 put and agreed to.

Clause 41, as amended, put and agreed to.

Clauses 42 to 51 put and agreed to.

On Clause 52;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): On Clause 52 on pages 60 to 62 of the Bill, I hereby propose the deletion of Clause 52.

Amendment to Clause 52 put and agreed to.

Clause 52, as amended, put and agreed to.

Clauses 53 to 57 put and agreed to.

On Clause 58;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): I propose on pages 63 to 67 of the Bill, to delete the clause and renumber subsequent clauses accordingly.

Amendment to Clause 58 put and agreed to.

Clause 58, as amended, put and agreed to.

On Clause 59, now Clause 58;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): On page 68 of the Bill, I propose the following amendment:

  1. the deletion of the new sections 393A and 393B inserted by this clause;
  2. in the new section 393 C (1) inserted by this clause, in line 3, by the deletion of “fourteen” and the substitute of “ninety”. I so submit Mr. Chairman.

Amendment to Clause 59, now Clause 58, put and agreed to.

New Clause 58, as amended, put and agreed to.

Clauses 59 to 61 put and agreed to.

On Clause 62, now Clause 61;

THE MINISTER OF MINES AND MINING

DEVELOPMENT (HON. CHITANDO): On page 71 of the Bill, I

propose that it be amended as follows in the new Section 409

(“Transitional provisions and savings”) proposed to be inserted by the Bill

  1. in subsection (2), in line 17, by the deletion of “six months” and the substitution of “twelve months”;
  2. in subsection (8), insert after the words “during the transitional period” the words “commencement of this Act” in line 26 the words “of not more than twelve months from the date of commencement of this Act”. I submit Mr. Chairman.

Amendment to Clause 62, now Clause 61 put and agreed to.

New Clause 61, as amended, put and agreed to.

THE DEPUTY CHAIRPERSON: Order, the owner of vehicle ADL 9362 and ADI 9040, could you please go and remove your vehicles which are obstructing others.

On Clause 63, now Clause 62;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO): On pages 72 to 73 of the Bill, I propose to delete all words (inclusive of the title of the clause) from line 13 on page 72 to the lines ending with, and inclusive of the words “N. Restoration of river bank must be done to the satisfaction of EMA before the next rain season”, and substitute the following:

“62     Minor amendments to Cap. 21:05

The provision of the principal Act specified in the first column of the Schedule are amended to the extent set out opposite thereto in the second column.”

Amendment to Clause 63, now Clause 62 put and agreed to.

New Clause 62, as amended, put and agreed to.

On Schedule;

THE MINISTER OF MINES AND MINING DEVELOPMENT

(HON. CHITANDO):  Mr. Speaker Sir, I propose Minor Amendments to

Cap. 21:05 ­ the provisions of the principal Act specified in the first column of the Schedule are amended to the extent set out opposite thereto in the second column.  So I submit, Mr. Chairman.

Amendment to Schedule put and agreed to.

Schedule, as amended, put and agreed to.

House resumed.

Bill reported with amendments.

Bill referred to the Parliamentary Legal Committee.

On the motion of THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI), the House

adjourned at Twenty Minutes to Four o’clock p.m.

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