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NATIONAL ASSEMBLY HANSARD 9 MAY 2013 VOL. 39 NO. 15

PARLIAMENT OF ZIMBABWE

Thursday, 9th May, 2013.

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

PRAYERS

(MR. SPEAKER in the Chair)

ANNOUNCEMENTS BY MR. SPEAKER

ERROR ON THE ORDER PAPER

  1. SPEAKER: I have to draw the attention of the House to an error on Notice of Motion No. 5 on today’s Order Paper where sub-

paragraph 4 was erroneously included and should be deleted.

VOTE FOR A WOMAN CAMPAIGN LAUNCH

  1. SPEAKER: I wish to remind hon. members that the Women

in Politics Support Unit (WiPSU) is inviting all Members of Pcrliament

(both m!les and females) to a launch of the ‘Vote for a woman’ campaign and its publications.  The launch will take place on today, 9th May, 2013 at Crowne Plaza Hotel, Harare from 1730 hours to 2000 ho5rs.

WORKSHOP ON FEEDBACK by G20

  1. SPE@KER: I also have to inform the House that Women in

Politicr Support Unit (WiPSU) is mnviting Women’s Parliamentary Caucus to a workshop on feedback by G20 on the 30th May, 2013, taking place from the 30th May to 1st June 2013 at Kadoma Ranch Hotel.

COMMITTEE STAGE

CONSTITUTION OF Z   MBABWE AMENDMENT  (NO. 20) B

LL (H.B. 2, 2012)

House in Committee

Short Title – put and agreed to.

Intevpredation – put and aoreed to.

Repeal of existing"Constitution b9 nev Constitution – put and agveed ôo&

Preamble – put aîd agreed to&

Chapteò 1

Cliuse 1, The Repqblic – put and agreed to.

Clause 2, Supòemacy of the Constitution – put and agreed to.

Clause 3,"Founding Values ajd princyples – put and agreed to.

Clause 4, National FLag, ^atiolal Anthem, Xublic Seal and Coat of

Arms – put and agreed to.

Clause 5, Tiers of Government – put and agreed to.

Clause 6, Languages – put and agreed to.

 Clause 7, Promotion of public awareness of Constitution put and agreed to.

CHAPTER 2

NATIONAL OBJECTIVES

Clause 8, Objectives to guide State and all institutions and agencies of government – put and agreed to.

Clause 9, Good governance, - put and agreed to.

Clause 10, National unity, peace and stability – put and agreed to.

Clause 11, Fostering of fundamental rights and freedoms – put and agreed to.

Clause 12, Foreign policy – put and agreed to.

Clause 13, National development – put and agreed to.

Clause 14, Empowerment and employment creation – put and

agreed to.

Clause 15, Food security - put and agreed to.

Clause 16, Culture – put and agreed to.

Clause 17, Gender balance – put and agreed to.

Clause 18, Fair regional representation – put and agreed to.

Clause 19, Children – put and agreed to.

Clause 20, Youths – put and agreed to.

Clause 21, Elderly persons – put and agreed to.

Clause 22, Persons with disabilities – put and agreed to.

Clause 23, Veterans of the liberation struggle – put and agreed to.

Clause 24, Work and labour relations – put and agreed to.

Clause 25, Protections of the family – put and agreed to.

Clause 26, Marriage – put and agreed to.

Clause 27, Education – put and agreed to.

Clause 28, Shelter – put and agreed to.

Clause 29, Health services – put and agreed to.

Clause 30, Social welfare – put and agreed to.

Clause 31, Legal aid – put and agreed to.

Clause 32, Sporting and recreational facilities – put and agreed to.

Clause 33, Preservation of traditional knowledge – put and agreed

to.

Clause 34, domestication of international instruments – put and agreed to.

CHAPTER 3

CITIZENSHIP

Clause 35, Zimbabwean citizenship – put and agreed to.

Clause 36, Citizenship by birth – put and agreed to.

Clause 37, Citizenship by descent – put and agreed to.

Clause 38, Citizenship by registration – put and agreed to.

Clause 39, Revocation of citizenship – put and agreed to.

Clause 40, Retention of citizenship despite marriage or dissolution of marriage – put and agreed to.

Clause 41, Citizenship and Immigration Board – put and agreed to.

Clause 42, Powers of Parliament in regard to citizenship – put and agreed to.

On Clause 43: Continuation and restoration of previous citizenship.

THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS(ADV. MATINENGA): I move the

motion standing in my name that on pages 25 – 26 of the Bill, section

43, Substitute “effective date” with “publication day”. Wherever it appears in the section.

Amendment to Clause 43, put and agreed to.

Clause 43, as amended put and agreed to.

CHAPTER 4

DECLARATION OF RIGHTS

PART 1

APPLICATION OF INTERPRETATION OF CHAPTER 4

Clause 44, duty to respect fundamental human rights and freedoms

– put and agreed to.

Clause 45, Application of Chapter 4 – put and agreed to.,

Clause 46, Interpretation of Chapter 4 – put and agreed to.

Clause 47, Chapter 4 does not preclude existence of other rights – put and agreed to.

PART 2

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Clause 48, Right to life – put and agreed to.

Clause 49, Right to personal liberty – put and agreed to.

Clause 50, Rights of arrested and detained persons – put and agreed to.

Clause 51, Right to human dignity - put and agreed to.

Clause 52, Right to personal security - put and agreed to.

Clause 53, Freedom from torture or cruel, inhuman or degrading treatment or punishment - put and agreed to.

Clause 54, Freedom from slavery or servitude - put and agreed to.

Clause 55, Freedom from forced or compulsory labour - put and agreed to.

Clause 56, Equality and non-discrimination - put and agreed to.

Clause 57, Right to privacy - put and agreed to.

Clause 58, Freedom of assembly and association – put and agreed

Clause 59, Freedom to demonstrate and petition - put and agreed

to.

Clause 60, Freedom of conscience - put and agreed to.

Clause 61, Freedom of expression and freedom of the media - put and agreed to.

Clause 62, Access to information - put and agreed to.

Clause 63, Language and culture - put and agreed to – [HON.

MEMBERS: Inaudible interjections] -

THE CHAIRPERSON: Order, order, hon. members, let us have order in the House. Clause 64, Freedom of profession, trade or occupation - put and agreed to.

Clause 65, Labour rights - put and agreed to.

Clause 66, Freedom of movement and residence – put and agreed

Clause 67, Political rights - put and agreed to.

Clause 68, Right to administrative justice - put and agreed to.

Clause 69, Right to fair hearing - put and agreed to.

Clause 70, Rights of accused persons - put and agreed to.

Clause 71, Property rights - put and agreed to.

Clause 72, Rights to agricultural land - put and agreed to.

Clause 73, Environmental rights - put and agreed to.

Clause 74, Freedom from arbitrary eviction - put and agreed to.

Clause 75, Right to education - put and agreed to.

Clause 76, Right to health care - put and agreed to – [HON.

MEMBERS: Inaudible interjections].

THE CHAIRPERSON: Hon. members, order hon. members. hon.

members who said mom we are not at play here.

Clause 77, Right to food and water - put and agreed to.

Clause 78, Marriage rights - put and agreed to - [HON.

MEMBERS: Inaudible interjections].

THE CHAIRPERSON: Order hon. members, order please. I now

propose that we lump together some of these Parts so as to speed up the process.

Part 3, Elaboration of Certain Rights, Clauses 79 to 84 - put and agreed to.

Part 4, Enforcement of fundamental Human Rights and Freedoms, Clause 85 - put and agreed to.

Part 5, Limitation of fundamental human rights and freedoms

Clauses 86 and 87- put and agreed to.

CHAPTER 5,

THE EXECUTIVE,

Part 1, Executive Authority, Clause 88 - put and agreed to.

Part 2, The president and Vice Presidents, Clauses 89 – 103 - put and agreed to.

Part 3, Ministers, Deputy Ministers and Cabinet, Clauses 104 - 109

- put and agreed to.

On Part 4, Executive Functions, Clauses 110 – 113:

THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Madam

Speaker, in Part 4, Section 110 (6) at page 49, I move the amendment standing in my name, that paragraphs (a), (b), (c) and (d), lines 5-13 be deleted.

Amendment to Part 4, Executive functions, Clauses 110-113 – put and agreed to.

Part 4, Executive functions, Clauses 110-113, as amended, put and agreed to.  

         Part 5, Clauses 114 to 115, put and agreed to.

Chapter 6, Part 1, Clauses 116 to 117, put and agreed to.

Part 2, Clauses 118 to 119, put and agreed to.

Part 3, Clauses 120 to 123, put and agreed to.

On Chapter 6, Part 4:

THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA):  I move the

amendment standing in my name that; on page 54 of the Bill, Section

124(1)(b), delete the words, “through a system of” and substitute “under a party-system of”, line 24.

Amendment to Clause 124, put and agreed to.

Clause 124, as amended, put and agreed to.

         Part 4, Clauses 124 to 127, put and agreed to.

On Part 5:

Part 5, Clause 128, put and agreed to.

On Part 5, Clause 129:

  1. CHINYADZA:  Clause 129, subsection (1)(g) and (h).  It is a contravention of Clauses 268 and 269 in as far as the term of membership of Members of Parliament.  If you look at Clause 129 (g), it  says, “if the member accepts  public office as a member of the statutory body, government controlled entity, provincial or metropolitan council….”  Otherwise if he is a member of those, his seat becomes vacant and yet on that section, it says they are members of the provincial council and metropolitan councils.

ADV. MATINENGA:  Madam Chair, the hon. member is right

and what simply needs to be done is to delete in Clause 129(g), the words, “provincial or metropolitan council”.  What needs to be done is to formalise this amendment and this is going to be done later.  I therefore move that Clause 129 be deferred and the formalisation will be done later.

Motion put and agreed to.

Clause 129 deferred.

Part 6, Clauses 130 to 134, put and agreed to.

Part 7, Clauses 135 to 142, put and agreed to.

Part 8, Clauses 143 to 147, put and agreed to.

Part 9, Clauses 148 to 154, put and agreed to.

Chapter 7, Part 1, Clauses 155 to 157, put and agreed to.

Part 2, Clauses 158 to 159, put and agreed to.

Part 3, Clauses 160 to 161, put and agreed to.

Chapter 8, Part 1, Clauses 162 to 176, put and agreed to.

Part 2, Clauses 177 to 188, put and agreed to.

Part 3, Clauses 189 to 191, put and agreed to.

Part 4, Clauses 192 to 193, put and agreed to.

Chapter 9, Part 1, Clauses 194 to 198, put and agreed to.

Chapter 10, Clauses 199 to 205, put and agreed to.

Chapter 11, Part 1, Clauses 206 to 210, put and agreed to.

Part 2, Clauses 211 to 218, put and agreed to.

Part 3, Clauses 219 to 223, put and agreed to.

Part 4, Clauses 224 to 226, put and agreed to.

Part 5, Clauses 227 to 231, put and agreed to.

Chapter 12, Part 1, Clauses 232 to 237, put and agreed to.

Part 2, Clauses 238 to 241, put and agreed to.

Part 3, Clauses 242 to 244, put and agreed to.

Part 4, Clauses 245 to 247, put and agreed to.

Part 5, Clauses 248 to 250, put and agreed to.

Part 6, Clauses 251 to 253, put and agreed to.

Chapter 13, Part 1, Clauses 254 to 257, put and agreed to.

Part 2, Clauses 258 to 263, put and agreed to.

 

CHAPTER 14

PROVINCIAL AND LOCAL GOVERNMENT

Part 1, Preliminary, Clauses 264-266- put and agreed to.

Part 2, Provinces and Provincial and Metropolitan Councils

Clauses 267-273:

THE MINISTER OF CONSTITUTIOINAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA):  I move the

amendment standing in my name that:

On page 105 of Bill, section 268 (2), line 39.  Delete “subsection

(1) (f)” and substitute “subsection (1) (g).

Amendment to Clause 268 put and agreed to.

Clause 268, as amended, put and agreed to.

 

 

THE MINISTER OF CONSTITUTIOINAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA): There are

actually two amendments in my name on page 107.  I move the first amendment in my name that

On page 107 of the Bill, section 271, delete “section 268 (1f” and substitute “section 2681) (g), line 17.

Amendment to Clause 271 put and agreed to.

Clause 271, as amended, put and agreed to.

THE MINISTER OF CONSTITUTIOINAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA):  I move the

second amendment amendment in my name that:

On page 107 of Bill, section in line 19,  delete “272 Chairpersons of Provincial and Metropolitan Councils” and substitute “272

Chairpersons of Provincial Councils”.

Amendment to Clause 272 put and agreed to.

Clause 272, as amended, put and agreed to.

THE MINISTER OF CONSTITUTIOINAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the

amendment standing in my name that:

On page 108 of the Bill, lines 10-11, Delete subsection 9.

Amendment to Clause 272, put and agreed to.

Clause 272, as amended, put and agreed to.

Part 2 Provinces and Provincial and Metropolitan Councils, Clauses 267 – 273, put and agreed to.

Part 3, Local Government, Clauses 274-279, put and agreed to.

CHAPTER 15

TRADITIONAL LEADERS

Clauses 280 – 287 put and agreed to.

CHAPTER 16

         Clauses 288-297 put and agreed to.

CHAPTER 17

Part 1, Financial Management, Clauses 298-301 put and agreed to.

Part 2, Consolidated Revenue Fund, Clauses 302-304 put and agreed to.

Part 3, Authorisation of Expenditure from Consolidated Revenue Fund, Clauses 305-307 put and agreed to.

Part 4, Safeguarding of Public Funds and Property, Clause 308 put and agreed to.

Part 5, Auditor General, Clauses 309-314 put and agreed to.

Part 6, General, Clauses 315 -317 put and agreed to.

CHAPTER 18

GENERAL AND SUPLEMENTARY PROVISIONS

Part 1, General provisions as to Commissions, Clauses 318-325 put and agreed to.

Part 2, General, Clauses 324-329 put and agreed to.

Part 3, Interpretation, Clauses 330-345 put and agreed to.

On Schedules:

THE MINISTER OF CONSTITUTIOINAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA): I move the

amendments standing in my name that:

On page 147 of the Bill, section 3 (1) (d), lines 8-9, delete paragraph (d) and substitute with the following:

“Chapter 6 relating to the election of Members of Parliament, the summoning of Parliament after a general election and to the ascent of

Acts of Parliament by the President”

Page 147 of the Bill, section 3 (3), line 23, delete “subparagraphs

(a) to (1) and substitute “subparagraphs (a) to (i)”

Page 151 of the Bill, section 18(7), lines 19-20, delete “effective date” substitute “publication date”.

Amendment to Sixth Schedule put and agreed to.

Sixth Schedule, as amended, put and agreed to.

THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS (ADV. MATINENGA):  Madam

Speaker, acting out of abundance of caution…

THE DEPUTY SPEAKER:  Order, order, hon. members please.

ADV. MATINENGA:  Madam Speaker, I should have put all the

amendments to the Sixth Schedule when I last spoke, but acting out of abundance of caution and that I have not made reference to the item on Page 10 of the Notice of Amendment, I now move that amendment in my name.

Amendment to Sixth Schedule put and agreed to.

Sixth Schedule, as amended, put and agreed to.

         THE DEPUTY SPEAKER:  Order, order,

ADV. MATINENGA:   Madam Speaker, in order to adequately

look at Section 129, particularly the paragraphs which were referred to by Hon. Chinyadza, with the leave of the House may I ask  for a five minute consultation period.

Motion put and agreed to.

THE CHAIRPERSON:  Hon. members, we now revert to Clause

129.

ADV. MATINENGA:  Thank you Madam Chair and may I thank

you for affording that consultative period which I gather went slightly below five minutes.  But, arising out of that consultation, it is by consensus, agreed by everybody in the consulting room that there is nothing wrong with that Clause.

Motion put and agreed to.

Bill reported with amendments.

REPORT STAGE

CONSTITUTION OF ZIMBABWE AMENDMENT NUMBER.20

BILL

Amendments to Clauses 43, 110, 124, 268, 271, 272 and the 6th

Schedule put and agreed to.

Bill, as amended, adopted.

Third Reading: With leave, forthwith.

THIRD READING

CONSTITUTION OF ZIMBABWE AMENDMENT NUMBER.20

BILL

        THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS: I move that the Bill be now read the

third time.

THE MINISTER OF FINANCE: On a point of order, where is Jonathan Moyo?

  1. SPEAKER: Your point of order is over-ruled – [HON.

MEMBERS: Inaudible interjections] -.  Order, Order, sub-section 3 of Section 52 of the Constitution provides that subject to sub-section 5, a constitutional Bill shall not be deemed to have been duly passed by

Parliament unless at the final vote thereon in the House of Assembly, it received the affirmative vote of not less than two-thirds (2/3) of the total

Members of the House of Assembly …

An hon. member having walked out.

– [HON. MEMBERS: Inaudible interjections] Order! Order! Honourable members, he is not going to run away. I do not think he would want to miss this historic moment.

In order to comply with the provisions of Section 52, it is necessary that the number of affirmative votes cast by members be recorded. I therefore direct that the bells be now rung.

Bells rung.

ANNOUNCEMENT BY MR. SPEAKER

PROCEDURE FOR VOTE COUNTING

  1. SPEAKER: To facilitate the counting of hon. members we have divided our Chief Whips into two tellers. We have got tellers A and
  2. In the category A they are going to count starting from Hon. Baloyi to

Hon. Matibe. The tellers for category A will be Hon. S. Ncube, Hon.

Chinomona and Hon. Gonese. Our tellers for category B will count from

Hon. Matibenga to Hon. Zwizwai. The composition of tellers is Hon. Mkhosi, Hon. D. Sibanda and Hon. J. Gumbo. May you begin the counting process.

  1. SPEAKER:  Our verification process shows that the numbers do not tally. We are therefore, going to ask the Clerk of Parliament to call out each hon. member to stand up in order to do the ticking and confirm the presence of that hon. member.

AYES: Baloyi  A., Beremauro Godfrey; Bhasikiti-Chuma Kudakwashe;

Biti Laxton Tendai, Buka Flora; Chaderopa Fungai; Chambati Tall

Severino; Chamisa Nelson; Chanetsa Peter Tapera; Chebundo Blessing;

Chibaya Amos; Chidakwa Walter Kufakunesu; Chikwinya Settlement;

Chimbetete Willard Manyowa, Chimhini David Antony; Chininga

Edward Takaruza Chindori; Chinomona Mabel Memory; Chinyadza

Webber; Chiota Phineas Chivazve; Chitando Jeffryson; Chitima Alice;

Chivamba Kitizo; Cross Edward Graham; Denga Piniel; Dongo Greenbate Zvanyanya; Dube Patrick; Dumbu Festus; Dzirutwe Gift;

Garadhi Stewart; Gonese Innocent Tinashe;

Goto Rosemary; Gumbo Joram Macdonald; Gwiyo Collen Cephas;

Hlongwane Makhosini; Hove Simon Ruwuke; Jembere Eliah; Jiri

Moses; Kachepa Newten; Kagurabadza Misheck Tofamangwana;

Kanzama Fred; Kapesa Rusipa; Karenyi Lynette; Kasukuwere Saviour;

Katsande Aqualinah; Kay James Ian Hamilton; Khumalo Nomalanga

Mzilikazi; Khumalo Thabitha, Kumalo Marvellous; Mabhena Gift;

Machacha Cleopas; Madubeko Josephat; Madzimure Willias;

Madzore Paul; Mafios Itai Dickson; Mahlangu Tamsanqa;

Mahoka Sarah; Majome Fungayi Jessie; Makuyana Meki; Mandebvu

Noel Tarirai; Mangami Dorothy; Mangoma Elton Steers; Mangwana

Munyaradzi Paul; Maposhere Dorcus; Maramba Phase Hakuna; Mare

Moses; Marima Edmore; Mashakada Tapiwa; Matamisa Editor

Erimanziah; Matibe Takalani Prince; Matibenga Lucia Gladys; Matienga

Margaret; Matimba Tangwara; Matinenga Eric Taurai; Matonga Bright; Matshalaga Obert; Matutu Tongai; Mavima Lawrence David; Mazikana

Paul Herbert; Mbwembwe Edgar; Mhandu Cairo; Mhashu Fidelis;

Mhlanga Albert; Mkhosi Edward Tshotsho; Mlambo Mathias Matewu;

Mlilo O. S; Mnangagwa Emmerson Dambudzo; Mohadi Kembo

Campbell Dugishi; Mombeshora Douglas Tendai; Moyo Reggie;

Mpariwa Paurina; Mpukuta Lovemore; Muchauraya Pishai; Muchena

Olivia Nyembezi; Muchinguri Oppah Chamu Zvipange; Mudarikwa

Simbaneuta; Mudau Metrine; Mudavanhu Ernest; Mudiwa Shuah;

Mudzuri Ellias; Mudzuri Harison; Muguti  Costin; Mujuru J. T. R.,

Mukanduri Samson Tapera; Munengami Fani; Mungofa Pearson

Tachiveyi; Mushonga Shepherd Lenard; Mushore Luke;

Musumbu Edward; Musvaire Washington; Mutasa Didymus Noel

Edwin; Mutinhiri Ambrose; Mutsekwa Giles Tariyafero;

Muza Isheunesu; Mwonzora Douglas Togarasei; Navaya Eric; Ncube

Siyabonga; Ndambakuwa Franco;

Ndava Ronald; Ndebele Gabriel; Ndhlovu Anastancia; Ndlovu Moses;

Nemadziva Naison; Nezi Ward; Nguni Sylvester Robert; Ngwenya

Busy; Nyakudanga Ordo; Nyamudeza Sibonile; Nyamupinga Biata

Beatrice; Nyaude Bednock; Nyoni Sithembiso Gile Gladys;

Parirenyatwa David Pagwesese; Pasihomusha-Matiza Biggie Joel;

Raradza Edward; Rutsvara Rodrick; Sai Shaddy; Samkange Nelson

Tapera Crispen; Sansole Tose Wesley; Saruwaka Trevor Jones

Lovelace; Shamu Webster Kotiwani; Shirichena Ellina; Shoko Heya;

Shoko Misheck; Sibanda Dorcas Staff; Sibanda Felix Magalela;

Sindi Cephas; Sithole Abraham; Sululu Anadi; Tachiona Mharadza;

Tazviona Rodger; Tshuma Brian; Undenge Samuel; Varandeni Jani; Zhuwao Patrick; Zinyemba Margaret; Ziyambi Wurayayi Zachariah; Zwizwai Murisi.

NOES: 0

  1. SPEAKER: Order! Can we take our seats. The result of the count is that 156 hon. members have voted in favour of the Third Reading of the Bill and none have voted against the Bill.

All hon. members broke into song and dance “NdiMwari

Wakanaka”

  1. SPEAKER: Order, order.  Hon. members we are still yet to conclude the procedural issues.  The number of the affirmative votes recorded – 156 are two thirds of the total membership of the House.  I therefore declare the final votes in the House on the Constitution of Zimbabwe Amendment (No. 20) Bill (H.B. 2, 2013) to have been in accordance with the provisions of Subsection 3 of Section 52 of the Constitution.

Bill read the third time.

         On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Five

Minutes to Five o’clock p.m. until Tuesday, 14th May, 2013.

 

 

 

 

 

 

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