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NATIONAL ASSEMBLY VOTES 01 DECEMBER 2020 NO 13

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

                                   _________________                              

 

THIRD SESSION – NINTH PARLIAMENT

 

_________________

 

TUESDAY, 1ST DECEMBER, 2020

_________________

 ADVANCE COPY- UNCORRECTED

No. 13

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

                                 _________________                              

 

THIRD SESSION – NINTH PARLIAMENT

 

_________________

 

TUESDAY, 1ST DECEMBER, 2020

_________________

 

Quarter past two o’clock p.m.

     The Speaker in the Chair

 

       Prayers

 

      Members Present

 

 

Banda G;

Banda S,

Bhila R,

Bhuda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

Chidakwa J.,

Chidamba S.,

Chikomba L.,

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S.,

Chimbaira G.,

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A, 

Chitura L,

Dube B,

Dube G,

Dube M.,

Dube P,

Dutiro P,

Dzuma S.,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gwanetsa K. K.,

Gwanongodza E.,

Hamauswa S.,

Jaja J.,

January S.

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karumazondo M. T.,

Kashambe M. T.,

Khumalo M.,

Khumalo S. S.,

Khupe T.

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machakarika T.,

Machando P.,

Machingauta C.

Madiwa C.,

Madziva S.,

Mago N,

Mahlangu S,

Makone S.

Makoni R R,

Makonya J,

Mandiwanzira S C,

Mangora B.,

Maphosa L.,

Markham A. N.,

Masango C. P.,

Masenda N. T,

Mashonganyika D,

Masuku E,

Masuku P.,

Matangira T. R,

Mathe S,

Matsikenyere N.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhere E.,

Mkandla M.,

Mkaratigwa E.,

Mnangagwa T. M.,

Molokela-Tsiye F D,

Moyo C.,

Moyo Peter,

Moyo R.,

Mpame C.,

Mpariwa P,

Mpofu A.,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mukapiko D. L.,

Munetsi J.,

Munochinzwa M.

Muponora N.,

Murambiwa O,

Murire J, Rtd. Col. Dr

Musanhi K. S,

Musarurwa W.Y.

Mushonga P. M.,

Mushoriwa E.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Ncube E.,

Ncube Ophar,

Ncube Owen,

Ncube Soul,

Ndebele A.,

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nyabani T,

Nyamudeza S,

Nyathi R. R,

Nyati Esther

Nyere C.,

Nyokanhete J,

Nyoni I,

Paradza K.,

Porusingazi E.,

Raidza M.,

Rwodzi B.,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sanyatwe C.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shongedza E.,

Shumbamhini H.,

Sibanda L.

Sibanda M.,

Sibanda Z.,

Sikhala J.,

Singo L,

Sithole James,

Sithole S,

Svuure D,

Taruvinga F.,

Tekeshe D.,

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tsunga R,

Tsuura N.,

Tungamirai T.,

Zemura L,

Zhou P,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

 

 

 

Absent with leave

 

1.      Hon. Togarepi, seconded by Hon Mpariwa, moved: That Notices of  

 Motions Nos. 1 to 6 and Orders of the Day Nos. 7 to 10, for today, stand over, until Order of the Day No. 11 has been disposed of.

 

        Motion put and agreed to.

 

     2.       Hon. I. Nyoni seconded by Hon. Toffa, moved: That this House   expresses its profound sorrow on the untimely passing on after a short illness on Monday, 7 September, 2020 of the late Member of Parliament for Kuwadzana Constituency, Hon. Miriam Mushayi;

 

             Places on record its appreciation for the services which the late Hon.           Member rendered to Parliament and the nation at large;

 

             Resolves that its profound sympathies be conveyed to the Mushayi             family, relatives and the entire Kuwadzana Constituency.

 

On the motion of Hon Togarepi, seconded by Hon Mpariwa:  Debate adjourned until Tuesday, 8th December, 2020.

 

3.      Report from the Parliamentary Legal Committee NOT being an adverse report on the following Bill-

Date received

 

Manpower Development and Planning Amendment Bill

(H.B. 2, 2020) ……………………………………1st December, 2020.

 

4.  On the motion of Hon Togarepi, seconded by Hon Mpariwa: The House adjourned at eight minutes to five o’clock pm until Tuesday, 8th December, 2020, at a quarter past two o’clock in the afternoon.

 

 

                                                                       HON. ADV. J. F. N. MUDENDA
                                                                                                                Speaker.

                                                   

 

TUESDAY, 8TH DECEMBER, 2020

 

           ORDERS OF THE DAY AND NOTICES OF MOTIONS

                                                                                     

 1.  Adjourned debate on motion that leave be granted to bring in a Bill to make further provision for the revenues and public funds of Zimbabwe and to make provision for ancillary and incidental matters (Adjourned 26th November, 2020 – The Minister of Justice, Legal and Parliamentary Affairs)

                                                                                      [Day elapsed: 2]

 

Question proposed: That leave be granted to bring in a Bill to make further provision for the revenues and public funds of Zimbabwe and to make provision for ancillary and incidental matters – The Minister of Finance and Economic Development.

                                                  

 

2.   The Minister of Environment, Climate Change, Tourism and

                 Hospitality Industry

                                                                                     

                                                                                    [Days elapsed: 5]

 

WHEREAS section 327(2) (a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

 

WHEREAS the Minamata Convention on Mercury, adopted at the Fifth Session of the Intergovernmental Negotiating Committee held in Geneva, Switzerland on 19 January 2013is a global treaty whose objective is to protect human health and the environment from the adverse effects of mercury;

 

WHEREAS Zimbabwe signed the Minamata Convention on the 19th of January 2013 in Geneva, Switzerland and is desirous of becoming a party and a member of the community of nations endeavouring to protect human health and the environment from the adverse effects of mercury;

AND WHEREAS Article 30 (1) of the Minamata Convention provides that any State wishing to be a Party to may, inter alia, deposit an instrument of ratification with the Depositary;

 

NOW THEREFORE, in terms of section 327(2) (a) of the Constitution of Zimbabwe this House resolves that the aforesaid Minamata Convention on Mercury be and is hereby approved.

 

3.   The Minister of Environment, Climate Change, Tourism and     Hospitality Industry

                                                                                                                                                                                    [Days elapsed: 5]

 

WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

 

WHEREAS the 28th Meeting of the Parties to the Montreal Protocol, held on 15th October 2016, in Kigali, Rwanda adopted an amendment to the Protocol, now termed the Kigali Amendment to the Montreal Protocol on substances that deplete the Ozone Layer, which Amendment has not yet entered into force on 1 January 2019;

 

WHEREAS Zimbabwe is a party to the Montreal Protocol on substances that deplete the Ozone Layer and is desirous of becoming a party to the Kigali Amendment to the Montreal Protocol on substances that Deplete the Ozone Layer.

 

NOW THEREFORE, in terms of section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid amendment be and is hereby approved for ratification

 

 

 

4.   The Minister of Justice, Legal and Parliamentary Affairs

                                                                                                                                                                        [Days elapsed: 4]

 

That this House takes note of the Report of the Zimbabwe Human Rights Commission for the years 2018 and 2019 presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe.

 

5.    The Minister of Justice, Legal and Parliamentary Affairs

 

                                                                                     [Days elapsed: 4]

 

That this House takes note of the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe, presented to this House of Parliament in terms of section 244 (2) of the Constitution of Zimbabwe.

 

 

6.    The Minister of Justice, Legal and Parliamentary Affairs

                                                                                   

[Days elapsed: 4]

           

            That this House takes note of the Report of the National Prosecuting Authority of Zimbabwe for the year 2019, presented to this House of Parliament in terms of section 262 of the Constitution of Zimbabwe.

 

7.   Adjourned debate on motion on the Second Reading of the Forest           Amendment Bill (H.B. 19, 2019) (Restored 27th October, 2020 – The          Minister of Justice, Legal Parliamentary Affairs)

                                                                                                                            

                                                                                  [Days elapsed: 13]

 

Question proposed: That the Forest Amendment Bill (H.B. 19, 2019) be now read a second time- The Minister of Environment, Climate, Tourism and Hospitality Industry.

 

8. Committee: Cyber Security and Data Protection Bill (H.B. 18, 2019) -        The Minister of Information and Communication Technology, Postal and Courier Services.

 

(See Notice of Amendments)

 

9.   Adjourned debate on motion on the Second Reading of the          Constitution of Zimbabwe Amendment (No. 2) Bill (H.B. 23, 2019) –           (Restored 27th October, 2020- The Minister of Justice, Legal and Parliamentary Affairs).

 

                                                                                  [Days elapsed: 13]

 

            Question proposed: That the Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23, 2019), be now read a second time – The Minister of Justice, Legal and Parliamentary Affairs.

 

 

 

10.  Second Reading: Manpower Planning and Development Amendment Bill (H.B. 2, 2020)-The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development.

 

11. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 5th November, 2020 - Hon Togarepi).

 

[Days elapsed: 12]

 

Question proposed:  That a respectful address be presented to the President of Zimbabwe as follows: -

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon Togarepi.

 

12.  Hon. K. Paradza

Hon. Mayihlome

                       

[Days elapsed: 8]

                                                                       

That this House;

 

NOTING that all persons have a right to nationality as guaranteed by Article 15 of the Universal Declaration of Human Rights and other international instruments;

 

CONCERNED that statelessness remains a human rights crisis affecting negatively on individuals and families globally with at least 10 million people estimated to be stateless;

 

RECOGNISING that in October 2013, the UNHCR called for the total commitment of the international community to end statelessness resulting in the Global Action plan to end statelessness in 10 years;

 

ALSO RECOGNISING that Zimbabwe is party to various international and regional human rights instruments including the 1954 convention relating to the status of statelessness persons which is acceded to in 1998;

 

ACKNOWLEDGING THAT Zimbabwe is not a party to the 1961 Convention of the Reduction of Statelessness;

 

AWARE THAT that the Constitution of Zimbabwe Amendment (No. 20) Act 2013 provides a progressive basis for addressing issues of nationality and statelessness by, among others, providing for the possibility of dual citizenship, especially with respect to persons of the Southern African Development Community (SADC) heritage. 

 

 NOW, THEREFORE, resolves to recommend:

 

(a)That the Ministries of Justice Legal and Parliamentary Affairs,

Home Affairs and Cultural Heritage and Foreign Affairs work hand in glove to conclude the necessary processes to domesticate the conventions which Zimbabwe is party to with regard to statelessness;

 

(b)That the Executive immediately takes steps to accede to and

domesticate the1961 Convention on Reduction of Statelessness, the 1990 Convention on the Protection of the Rights of all migrant

workers and Members of their families and the 1957 Convention

on the Nationality for all and ending statelessness by 2024; 

 

c)That the Executive champions the eradication of statelessness

within the SADC region during Zimbabwe’s chairpersonship of the SADC organ on Politics Defence and Security by supporting and advocating for the adoption of the SADC Joint Action Plan; and

 

(d)That the Ministry of Home Affairs and Cultural Heritage urgently align the Citizenship Act [Chapter 4:01], Births and Deaths Registration Act [Chapter 5:02] and the Immigration Act [Chapter 4:02] with the Constitution in order to effectively address issues of Statelessness in order to contribute to ending Statelessness by 2024.

 

13.  Hon Tsvangirai

Hon Mukunyaidze

 

                             [Days elapsed: 6]

                                                           

            That this House takes note of the Report on the Virtual Extraordinary Session of the Governing Council of the Inter-Parliamentary Union (IPU) conducted from 1st to 3rd November, 2020.

 

  1. Hon. Madiwa

            Hon Togarepi

 

[Days elapsed: 6]

                                                                                                           

That this House takes note of the Report of the Zimbabwean Delegation to the Fourth Interregional, Seminar on the Parliamentary Capacity Building and Achievements of the SDGs for Parliaments of Developing Countries, Beijing, China from 11th-19th June 2019.

 

  1. Hon. Priscilla Moyo

Hon. Saruwaka

[Days elapsed: 1]

That this House takes note of the report on the 55th Session of the ACP Parliamentary Assembly and the 38th Session of the ACP-EU Joint Parliamentary Assembly, held from 14th to 21st November 2019 in Kigali Rwanda.

 

 

  1. Hon. Madiwa

Hon. Togarepi

[Days elapsed: 1]

That this House takes note of the Report of the Delegation to the 75th Session of the Convention on the Elimination of all forms of Discrimination against Women held from 10th to 28th February 2020 in Geneva, Switzerland.

 

  1. Hon Madhuku

Hon. Sithole Josiah

            [Days elapsed: 1]

That the motion on non-monetary incentives to civil servants which was superseded by the end of the Second Session, be restored on the Order Paper in terms of Standing Order No. 75.

 

  1. Hon Mliswa

Hon Misihairabwi – Mushonga

[Days elapsed: 1]

That the motion on the recall of Members of Parliament which was superseded by the end of the Second Session, be restored on the Order Paper in terms of Standing Order No. 75.

 

  1.  Hon Madiwa

 Hon Molokele

[Days elapsed: 1]

 

That this House takes note of the Report of the Portfolio Committee of Women Affairs, Community, Small and Medium Enterprises Development on the Consolidated Budget performance Reports for Ministry of Women Affairs, Community, Small and Medium Enterprises Development.

 

  1.  Hon Ndiweni

 Hon Makonya

[Days elapsed: 1]

 

That this House takes nte of the Report of the 47th Plenary Assembly Session of the SADC- Parliamentary Forum, held virtually on 9th to 11th October 2020 in Windhoek, Namibia.

 

  1. Adjourned debate on motion on the death of Hon Miriam Mushayi  (Adjourned 1st December, 2020 - Hon. I. Togarepi) 

 

                                                                                                [Days elapsed: 1]

 

           Question proposed:  That this House expresses its profound sorrow on

the untimely passing on after a short illness on Monday, 7 September,

2020 of the late Member of Parliament for Kuwadzana

Constituency, Hon. Miriam Mushayi;

 

            Places on record its appreciation for the services which the late Hon.           Member rendered to Parliament and the nation at large;

 

            Resolves that its profound sympathies be conveyed to the Mushayi             family, relatives and the entire Kuwadzana Constituency-Hon. Nyoni

 

           

  1. Adjourned debate on motion on the opening of schools in light of the

           Covid 19 pandemic (Adjourned 24th November, 2020 - Hon.    

           Misiharabwi-Mushonga)

 

                                                                                      [Days elapsed: 5]

 

            Question proposed: That this House takes note of the Second Report of

 the Portfolio Committee on Primary and Secondary Education on the

 opening of schools in light of the Covid 19 pandemic (S.C. 13, 2020)

– Hon Misihairabwi - Mushonga.    

 

  1. Adjourned debate on motion on the commemoration of the 16 Days of

            Activism Against Gender Based Violence (Adjourned 25th November,

            2020 – Hon Togarepi)

 

                                                                                     [Days elapsed: 5]

 

Question proposed: That this House -

 

COGNISANT that the Republic of Zimbabwe is signatory to the Beijing +25 Declaration, the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), the SADC Protocol on Gender and Development and the Sustainable Development Goals (SDGs)

 

RECOGNISING that Sections 17,56, 78, 79, 80 of the Constitution of Zimbabwe provide for gender equality   

 

NOTING the commemoration of 16 Days of Activism Against Gender Based Violence Campaign from 25 November – 10 December 2020, being held under the theme “Orange the world: Fund, Respond, Prevent, Collect”

 

DEEPLY CONCERNED by the escalation of gender-based violence cases in Zimbabwe during the COVID 19 lockdown period

 

WORRIED about the passion killings, abuse and harassment of women in public spaces

 

NOW THEREFORE, in line with the eradication of Gender Based Violence and violence against women and girls (VAWG) campaign, calls upon

 

a)      Government to invest in issues of GBV and VAWG through gender responsive budgeting

b)      Government to create an enabling environment for data collection and evidence which has always been a weakness in addressing violence against women because more is needed not just the number of the abused but knowledge and data that inform responses, policies and budgets

 

c)      All stakeholders to participate and add their voice to GBV during this year’s commemoration campaign – Hon Bhuda Masara

 

   24.    Adjourned debate on motion on the recapitalization of the District

            Development Fund (Adjourned 4th November, 2020 - Hon Togarepi).

 

[Days elapsed: 9]

 

Question proposed:  That this House:

 

MINDFUL that the District Development Fund provides services to a wide range of clientele which includes among others Non-Governmental Organisations and Private individuals all over Zimbabwe;

 

ALSO MINDFUL that DDF is mandated to facilitate rapid and equitable sustainable rural development and assisting in ensuring adequate food security;

 

DISTURBED that DDF has been incapacitated in fulfilling its mandate due to dwindling financial resources, obsolete equipment and dilapidated infrastructure;

 

CONCERNED that the lack of resources at DDF further disadvantages vulnerable communities in terms of development, maintenance of infrastructure, water supplies, tillage services, equipment for hire during rehabilitation and construction of roads thereby impacting negatively on service delivery.

 

NOW THEREFORE calls upon the Executive to:

 

a) Recapitalize all sections of the District Development Fund so that the department fulfills its mandate and enhance service delivery to its clientele.

b) That adequate funds be availed for the sustenance of DDF operations countywide by year end – Hon. Chingosho.

 

25.   Adjourned debate on motion on the Basic Education Assistance

Module (BEAM) Programme (Restored 17th, November, 2020 –  Hon.

Togarepi).

 

[Days elapsed: 9]

Question proposed:  That this House-

                        

Noting that Section 75(1) (a) of the Constitution states that every citizen and permanent resident of Zimbabwe has a right to a basic state-funded education, including adult basic education;

 

Applauding the Government of Zimbabwe for establishing the Basic Education Assistance Module (BEAM) Programme in 2001 as a key component of the Enhanced Social Protection Programme (ESPP);

 

Cognisant that the BEAM Programme is based on a policy framework designed to    provide quality education to children and support to orphans and vulnerable children (OVC) in line with international agreements to which the Government of Zimbabwe is a signatory;

 

Disturbed that the Zimbabwe Vulnerability Assessment Report (2019) revealed that an average of 61 percent of children were turned away from school in 2019 due to non-payment of tuition fees;

 

Also disturbed that the rate of school dropouts continues to rise amongst girls and the economically disadvantaged children resulting in early child pregnancies and child labour;

 

Concerned at the continuous disparity between policy and selection criteria of beneficiaries of the BEAM Programme by Community Selection Committees;

 

Now, therefore, calls upon:

 

a)      Ministry of Public Service, Labour and Social Welfare to conduct awareness campaigns on the BEAM Manual targeting Community Selection Committees;

 

b)      Ministry of Public Service Labour and Social Welfare in collaboration with the Ministry of Primary and Secondary Education to effectively monitor implementation of the BEAM Programme, particularly the selection process to ensure that all eligible students benefit from the programme; and

 

c)      Ministry of Finance and Economic Development to allocate adequate financial resources towards BEAM Programme in the 2021 National Budget in view of the increasing levels of vulnerability in the country and ultimately facilitate the progressive realisation of basic state-funded education- Hon Josiah Sithole.

 

26.       Committee of Supply.

 

 

WEDNESDAY, 9TH DECEMBER, 2020

 

questions for oral answers

 

♦          QUESTIONS WITHOUT NOTICE.

 

*          QUESTIONS WITH NOTICE.

 

*1.       Hon. Saruwaka: To ask the Minister of Lands, Agriculture, Water Climate and Rural Resettlement to inform the House:

 

a) what government policy is regarding the allocation of land at the             Agricultural Rural and Development Authority (ARDA) Estate in    Kairezi;

 

b) why some Ministry officials are attempting to dispossess Ms Beauty       Nyakurimwa (ID: 75 - 053034 -J-50, DOB: 21/10/58) of Plot Number         6 on the Estate which was allocated to her under the Land Reform            Programme, Reference L/183 dated 17 December 2001, in favour of           Mr Luckson Gotosa whose offer letter indicates that he was allocated      Plot Number 8 on the same Estate;

 

c) when the Ministry will implement the determination by the          Zimbabwe Land Commission issued on 17 December 2017 in Beauty         Nyakurimwa`s favor and to further explain why there were delays in         this regard; and

 

d) what guarantee will the Ministry provide to her in respect of her ownership of Plot Number 6 on the Estate considering that she is a           widow and to further elaborate how other women experiencing similar             challenges should be treated.

[Deferred from 4th November, 2020]

*2.       Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Lands,          Agriculture, Water, Climate and Rural Resettlement to inform the            House when all the 4 chiefs in Umzingwane District will be allocated          farms.

 

 

 

*3.       Hon. I. Nyoni: To ask the Minister of Transport and Infrastructural             Development to apprise the House on progress made in resurfacing the    Harare-Masvingo-Beitbridge Highway.

 

[Deferred from 4th November, 2020]

*4.  Hon. Chinyanganya: To ask the Minister of Transport and    Infrastructural Development to inform the House when the Zimbabwe    National Roads Authority (ZINANRA) will             release funds for the             completion of the two projects, namely; Bonda Road and Leopold Takawira Street in Kadoma.

[Deferred from 25th November, 2020]

 

      *5.         Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Transport      and  Infrastructural Development to inform the House the  strategies            that the Ministry has put in place to mitigate the effects of diverting    from the Beitbridge route to the Kazungula   Bridge whose construction will be completed  soon.

 

*6.          Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Transport                   and   Infrastructural Development to explain to the House what it is                     that which is delaying the   tolling of urban roads and Government                      investment in urban mass transportation systems.

 

*7.           Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Transport                  and Infrastructural Development to explain to the House when the                                  Mawabeni-Esibomvu-Mbizingwe-Bulawayo Road in Umzingwane /                   Matobo Constituencies will be upgraded and surfaced.

 

*8.         Hon. Hamauswa: To ask the Minister of Transport and Infrastructural                   Development to:

a)  inform the house measures being taken to curb road carnage along Harare-Bulawayo Highway, particularly the high accident prone zone between the Harare Agricultural Showground and White House Suburb; and

b) explain whether the Ministry has any plans to redesign this road stretch.

 

*9.       Hon. I. Nyoni: To ask the Minister of Mines and Mining Development        to inform the House the measures being taken by the Ministry to        facilitate the extraction of abundant gas reserves in Lupane, in              Matebeleland North Province and Chiredzi in order to reduce the    import bill considering that gas has become a widely used fuel for            cooking.

 

[Deferred from 4th November, 2020]

*10.     Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Mines           and Mining Development to inform the House on government position     on banning the use of mercury and other harmful chemicals in the             mining sector.

 

*11.     Hon. I. Nyoni: To ask the Minister Finance and Economic   Development to inform the House the measures being taken by the   Ministry to curb the illegal hoarding of the Zimbabwean Dollar notes          by “money changers” for purposes of buying foreign currency.

 

[Deferred from 4th November, 2020]

*12.     Hon. Chinyanganya: To ask the Minister of Finance and Economic         Development to inform the House when the Ministry will provide           financial resources to complete the construction of Rimuka Primary

 

*13.     Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Finance         and Economic             Development whether the government has any plans to        recapitalize the District Development Fund.

 

*14.     Hon. Brig. Gen. (Rtd.) Mayihlome. To ask the Minister of Finance         and Economic             Development to inform the House when the special economic zones will commence productive operations.

 

*20.     Hon. Brig. Gen. (Rtd.) Mayihlome. To ask the Minister of Finance         and Economic             Development to inform the House when the Special             Economic Zones will commence productive operations.

 

*15.    Hon. Tsuura: To ask the Vice President and Minister of  Health and           Child  Care to inform the House the measures being implemented by    the Ministry to ensure the expeditious rehabilitation of mal-functional        mortuaries at public health institutions.

 

*16.     Hon. Tsuura:  To ask the Vice President and Minister of Health and         Child Care to inform the House whether the Ministry has provided      adequate personal protective equipment (PPEs) to front line health care workers including Village Health Workers countrywide            during the Covid 19 pandemic era, and if not to explain measures            being   taken to ensure a constant supply of PPEs to this key group.

 

*17.     Hon. Tsuura: To ask the Vice President and Minister of Health and          Child Care to inform the House when Village Health Workers will      receive their Covid 19 risk allowances and to state the amount to be        paid per individual.

 

*18.     Hon. Josiah SitholeTo ask the Vice President and Minister of    Health and Child Care to inform the House why people from Ward            3 in Bikita South Constituency continue to overcrowd at a make-shift             structure at Odzi Clinic while a new standard clinic which  was       constructed  and completed long back at the site, using the        utilization        of devolution funds, still lies idle.

 

*19.     Hon. Tsuura: to ask the Minister of Energy and Power Development        to provide detailed information on the rural electrification programme    to the House, and to explain the government policy             regarding free fixtures, digging holes for poles and wiring, amongst other key        issues.

 

*20.     Hon. Hamauswa: To ask the Minister of Youth, Sport, Arts and    Recreation to inform   the House when the Ministry will rehabilitate     sporting facilities, namely; 3 football pitches, a basketball ball pitch             and open spaces for sporting activities in Warren Park Constituency            which are in a state of dilapidation in view of the fact that these      facilities are used by more than 20 teams.

 

*21.     Hon. Hamauswa: To ask the Minister Public service, Labour and   Social Welfare to explain to the House the criteria used to select         beneficiaries of the Covid 19 cushion allowances and to further             elaborate on the measures being taken to ensure that all eligible        persons benefit from this program and other government support            considering that most deserving citizens from warren park   constituency have not yet received anything at all.

 

*22.       Hon. Hamauswa: to ask the Minister of Environment, Tourism and         Hospitality Industry to inform the House the measures being put in   place by the Ministry to promote the image of Meriki Shopping Centre in Warren Park D in Harare as a hub for domestic tourism.

 

*23.     Hon. Brig. Gen. (Rtd.) Mayihlome To ask the Minister of           Environment, Tourism and Hospitality Industry to explain to the             House the benefits that have accrued to communities over the             past 10 years from national parks by district and to provide statistics.

 

*24.     Hon. Hamauswa: To ask the Minister of Local Government and    Public Works to inform  the House when the Ministry will            designate         work spaces to informal sector operators in Warren Park Constituency   in view of the fact that structures were destroyed by the Harare City          Council during the Covid 19 lockdown thereby leaving thousands of     people without any means for their formal livelihoods.

 

*25.     Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of          Information, Technology,             Postal and Courier Services to inform the      House when Base Stations will be installed in           the Umzingwane   Constituency.

 

*26.     Hon. Brig. Gen. (Rtd.) Mayihlome. To ask the Minister of          Information, Communication Technology and Courier Services to   explain to the house why it costs more to purchase a low quantity    of             data bundles in comparison to larger quantities considering that it    ends up being punitive and discriminatory against the poor.

 

*27.     Hon. Brig. Gen. (Rtd.) Mayihlome. To ask the Minister of Primary        and Secondary Education to inform the House why there is a shortage      science laboratories at schools in the Matebeleland Region yet all three    state universities in the region are science oriented.                         

 

*28.     Hon. Brig. Gen. (Rtd.) Mayihlome: To ask the Minister of Higher          and Tertiary     Education, Innovation and Science Development to        inform the House why the National   University of Science and             Technology (NUST) enrollment is less than a third of Midlands       State University and less than half of Great Zimbabwe University           enrolments respectively, yet NUST is the second oldest university in             the country.

 

________________________________________________________

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Centre for Education, Innovation, Research and Development Bill (H.B. 1, 2020) - The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development (Referred 17th November, 2020).

 

 

NOTICE OF AMENDMENTS

 

Cyber Security and Data Protection Bill, (H B 18, 2019)

 

 

amendment of clause 3 (INTERPRETATION)

 

By Hon. Gandawa

 

       Clause 3 of the Bill is amended on page 4—

(a)    in line 9 by the deletion of the “resources” and the substitution of “processes”;

(b)   in lines 23 and 24 by the deletion of the definition for “data controller or controller” and the substitution of—

““data controller or controller”—

     (a)refers to any natural person or legal person who is licensable by the Authority; 

     (b)includes public bodies and any other person who determines the purpose and 

          means of processing data;”.

 

amendment of clause 4 (APPLICATION)

 

By Hon. Gandawa

 

       Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of “and

      storage” after the word “processing”.

 

INSERTION OF NEW CLAUSES 15 AND 16

 

By Hon. Gandawa

 

The bill is amended on page 11 in line 22 by the insertion of the following new clauses

      and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

     Every data controller or data processor shall ensure that personal information is—

(a)    processed in accordance with the right to privacy of the data subject;

(b)   processed lawfully, fairly and in a transparent manner in relation to any data subject;

(c)    collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;

(d)   adequate, relevant, limited to what is necessary in relation to the purposes for which it is

processed;

(e)    collected only where a valid explanation is provided whenever information relating to family or private affairs is required;

(f)    accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and

(g)   kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.

 

       16  Rights of Data Subject

 

          A data subject has a right to—

(a)    be informed of the use to which their personal information is to be put;

(b)   access their personal information in custody of data controller or data processor;

(c)    object to the processing of all or part of their personal information;

(d)   correction of false or misleading personal information; and

(e)    deletion of false or misleading data about them.”.

 

amendment of clause 19 (SECURITY BREACH

NOTIFICATION)

 

By Hon. Gandawa

 

 Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of “without an       undue delay” and the substitution of “within twenty-four (24) hours”.

 

amendment of clause 20 (OBLIGATION OF NOTIFICATION

TO AUTHORITY)

 

By Hon. Gandawa

 

                  

 Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of sub-clause (6) and

      the substitution of the following—

                  “(6)   The Authority shall provide guidelines that provide for the qualifications and

             functions of  a data protection officer and such data protection officer’s duties shall      

             include—

(a)    ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;

(b)   dealing with requests made to the data controller pursuant to this Act;

(c)    working with the Authority in relation to the performance of its functions in relation to the data controller.”.

 

amendment of clause 35 (Amendment of CHAPTER VIII of

Cap 9:23)

 

    By Hon. Gandawa

 

   Clause 35 of the Bill is amended—

(a)    on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;

(b)   on page 26 in lines 3-10 by the deletion of—

                        “Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium      accessible by any person, with the intent to coerce, intimidate,   harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

            and the substitution of—

                                       “(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

               (2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

                                                Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.

 

(c)    on page 26 in lines 34-39 by the deletion of—

                        “Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.

 

            and the substitution of—

                                    “Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

 

(d)               on page 27 by the insertion of the following after line 22—

“164F. Recording of genitalia and buttocks beneath closing without consent

                                   (1) Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

                                  (2) Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;

(e)    on page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—

 

“165  Child sexual abuse material  

(1)  In this Act—

        “Child sexual abuse material” means any      

              representation through publication, exhibition,

              cinematography, electronic means or any other

               means whatsoever, of a child, a person made to

               appear as a child or realistic material

               representing a child, engaged in real or 

               simulated explicit sexual activity, or any

               representation of the sexual parts of a child for

               primarily sexual purposes.

(2)Any person who unlawfully and intentionally, through a computer or information system—

(a)         produces child sexual abuse material;

(b)        offers or makes available child sexual abuse material;

(c)         distributes or transmits child sexual abuse material;

(d)        procures or obtains child sexual abuse material for oneself or for another person;

(e)         possesses child sexual abuse material on a computer system or a computer-data storage medium;

(f)          knowingly obtains, accesses or procures child sexual abuse material;

(g)        baits a child into the production or distribution of child sexual abuse material

            shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

                                      (3)  Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging                         in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine

                              and such imprisonment.”.

 

(f)    on page 31 by the insertion of the following paragraph after line 37—

“(f) against citizens or permanent residents of Zimbabwe.”

 

 

 

NOTICE OF AMENDMENTS

 

Manpower Planning and Development Amendment Bill, (H B 2, 2020)

 

The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development

 

AMENDMENT OF SECTION 6A (MANDATORY POSTS IN TECHNICAL AND VOCATIONAL INSTITUTIONS AND TEACHER’S COLLEGES)

On page 5, in subsection (2), delete paragraph (g) and substitute it with a new clause 6B as follows––

“6B. Students Representative Council

   (1) Higher and tertiary education institutions may have a students' representative council elected by the students enrolled at that particular institution.

   (2) The establishment, composition, manner of election, term of office, functions privileges of members of this Council and any other matters incidental thereto must be determined by the institutional statute.”

 

AMENDMENT OF SECTION 14 (GRANTS AND LOANS TO INSTITUTIONS, PERSONS, ETC)

On page 5, in subsection (1), in paragraph (c) substitute “lecturers” with “staff”

 

AMENDMENT OF SECTION 48 (ZIMBABWE MANPOWER DEVELOPMENT FUND)

 

On page 10, in subsection (2) insert paragraph (u) as follows––

“(u) make grants and rebates to such registered employers, teachers colleges and technical or

       vocational institutions for the promotion of such manpower development programmes, as the

       Board may specify”.

AMENDMENT OF SECTION 59B (FUNCTIONS OF TERTIARY EDUCATION COUNCIL)

On page 14, subsection 1, paragraph (d), subparagraph (ii), add “of” between “members and   technical” and substitute “or” with “and” after technical.

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