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NATIONAL ASSEMBLY VOTES 01 OCTOBER 2020 NO 70

No. 70

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

                                 _________________                              

 

SECOND SESSION – NINTH PARLIAMENT

 

_________________

 

THURSDAY, 1ST OCTOBER, 2020

_________________

 

     ADVANCE COPY- UNCORRECTED

No. 70

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

                                   _________________                              

 

SECOND SESSION – NINTH PARLIAMENT

 

_________________

 

THURSDAY, 1ST OCTOBER, 2020

_________________

 

Quarter past two o’clock p.m.

The Speaker in the Chair

 

Prayers

 

Members Present

 

Banda S,

Bhuda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chibagu G.,

Chidakwa J.,

Chidamba S.,

Chihururu C.,

Chikwama B.,

Chikwinya S.,

Chimbaira G.,

Chimina L.,

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chitura L,

Dinar K,

Dube B,

Dube M.,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Gezi T.,

Gorerino O.,

Gozho C,

Gwanongodza E.,

Hamauswa S.,

Haritatos V. P.,

Houghton J. R,

Jaja J.,

Kabozo S.,

Kachepa N.,

Kapuya F.,

Karumazondo M. T.,

Kashambe M. T.,

Khumalo M.,

Khumalo S. S.,

Kwaramba G.,

Labode M. R.

Machando P.,

Machingauta C.

Madzimure W.,

Madziva S.,

Mafuta S. V.,

 Mago N,

Mahlangu S,

Makoni R R,

Makonya J,

Mandiwanzira S C,

Mangora B.,

Marikisi N.,

Markham A. N.,

Masango C. P.,

Masuku E,

Matangira T. R,

Mataranyika D. M.,

Mataruse P.,

Mavenyengwa R.,

Mavetera T. A.,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhere E.,

Mhona F T,

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa T P

Mnangagwa T. M.,

Molokela-Tsiye F D,

Moyo C.,

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Moyo T.,

Mpame C.,

Mpariwa P,

Mpofu A.,

Mpofu M. M.,

Muchimwe P T,

Mudarikwa S,

Mukapiko D. L.,

Mukuhlani T.,

Munetsi J.,

Muponora N.,

Murambiwa O,

Musakwa E,

Musanhi K. S,

Mushayi M.,

Mushonga P. M.,

Mushoriwa E.,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Ncube E.,

Ncube Ophar,

Ncube Soul,

Ndebele A.,

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nkomo M,

Nyamudeza S,

Nyashanu M. Dr,

Nyabote R.  

Nyati Esther

Nyere C.,

Nyokanhete J,

Nyoni S. G. G.,

Paradza J,

Paradza K.,

Phulu K. I.,

Phuti D.,

Porusingazi E.,

Raidza M.,

Rungani A,

Saizi T.

Samambwa E.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shongedza E.,

Shumbamhini H.,

Sibanda O.,

Singo L,

Sithole G K,

Sithole S,

Tekeshe D.,

Toffa J.,

Togarepi P.,

Tongofa M.,

Tsunga R,

Tsuura N.,

Tungamirai T.,

Watson N J,

Zemura L,

Zhemu S,

Zhou P,

Zhou T,

Ziyambi ,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House




In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

 

Hon. Mathema C

Hon. Mthuli Ncube

 

Absent with leave

 

1.      The SpeakerOn Thursday, 1 October, 2020, Parliament was notified by the Movement for Democratic Change- Tsvangirai Party (MDC-T) that the following Members of Parliament had ceased to be the members of the MDC-T Party and therefore, no longer represent the interests of the party in Parliament with effect from 1 October 2020:

 

i)                    Hon Eric Murayi – Highfield East Constituency

ii)                  Hon Wellington Chikombo – Glen Norah Constituency

iii)                Hon Etheredge Kureva- Epworth Constituency

iv)                Hon Dorcas Sibanda – PR Bulawayo Province

v)                  Hon Caston Matewu- Marondera Central Constituency

vi)                Hon Lynette Karenyi Kore     - PR Manicaland Province

vii)              Hon Concilia Chinanzvavana - PR Mashonaland West Province

viii)            Hon Susan Matsunga  -           Mufakose Constituency

ix)                Hon Prince Dubeko Sibanda- Binga North Constituency

x)                  Hon Unganayi Tarusenga       -           ST Marys Constituency

 

Section 129 (1) (k) of the Constitution of Zimbabwe provides that, “ the seat of a Member of Parliament becomes vacant if the member has ceased to belong to the Political Party of which he or she was a member when elected to Parliament and the Political Party concerned, by written notice to the Speaker or to the President of the Senate as the case may be, has declared that the member has ceased to belong to it.

 

Pursuant to the above, I do hereby inform the House that vacancies have arisen in the constituencies stated above by the operation of the law. The necessary administrative measures will be taken to inform His Excellency the President of the Republic of Zimbabwe and the Zimbabwe Electoral Commission (ZEC) of the existence of the vacancies in line with Section 39 (1) of the Electoral Act [Chapter 213] as amended.

 

 

  1. The Minister of Primary and Secondary Education made a Ministerial Statement on the reopening of schools. 

 

 

3.    On the motion of the Minister of Women’s Affairs, Community, Small and Medium Enterprises Development: The House adjourned at eight minutes past four o`clock pm until Tuesday, 6th October, 2020 at a quarter past two o’clock in the afternoon.

 

 

 

                                                                                         HON. ADV. J. F. MUDENDA,

                                                                                        Speaker.    

__________________________________________________________________________

 

TUESDAY, 6TH OCTOBER, 2020

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         Committee: To resume on the Zimbabwe Media Commission Bill (H.B. 8, 2019) –The Minister of Information, Publicity and Broadcasting Services (Progress reported–24th September, 2020 - The Minister of Justice, Legal and Parliamentary Affairs.

                       

(New Clause 28, Clause 21 (now Clause 29), First and Second Schedules

 under consideration)

 

                                               (See Notice of Amendments)

 

2.         Second Reading: Forest Amendment Bill (H.B. 19, 2019)-The Minister of Environment, Climate, Tourism and Hospitality Industry.

 

3.         Second Reading: Financial Adjustments Bill [(H.B. 19, 2019) – The Minister of Finance and Economic Development.

 

4.         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)

 

5.         Adjourned debate on motion on the Second Reading of the Constitution of Zimbabwe

Amendment (No. 2) Bill, (H.B. 23, 2019) – (Adjourned 9th July, 2020- The Minister of

Justice, Legal and Parliamentary Affairs).

 

                                                                                                             [Days elapsed 17]

 

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.

 

6.         Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2018 (Adjourned 3rd September, 2020 – Hon. Togarepi)

             

                                                                                                            [Days elapsed: 9]

             

Question proposed: That this House takes note of the Annual Report of the National Peace and Reconciliation Commission for the year 2018, presented to Parliament in terms of Section 323 (1) of the Constitution of Zimbabwe- Hon. Vice President K.C.D. Mohadi. 

 

 

7.         Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2019 (Adjourned 3rd September, 2020 – Hon. Togarepi)

             

[Days elapsed: 9] 

             

Question proposed: That this House takes note of the Annual Report of the National Peace and Reconciliation Commission for the year 2019, presented to Parliament in terms of Section 323 (1) of the Constitution of Zimbabwe- Hon. Vice President K.C.D. Mohadi.

 

8.         Adjourned debate on motion on the Report of the Judicial Services Commission for the

year 2019(Adjourned 10th July 2020) – Hon. Togarepi

                                                                                                             [Days elapsed: 6]

 

Question proposed: That this House takes note of the Report of the Judicial Services

Commission for the year 2019, presented to Parliament in terms of Section 323 (1) of the Constitution of Zimbabwe which states that every Commission must submit to Parliament, through the appropriate Minister, an annual Report on its operations by not later than end of March in the year following the year to which the report relates – The Minister of Justice, Legal and Parliamentary Affairs. 

 

9.         Adjourned debate on motion in reply to the Presidential Speech (Adjourned 22nd October, 2019 – Hon. Sacco)

             

[Time elapsed: 2 hours 4 minutes] 

             

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. Sacco.

 

10.       Hon. Togarepi

               Hon Mutambisi

 

That this House expresses its profound sorrow on the sudden and untimely death on Saturday, 12th September, 2020 of the Honourable Patrick Chidakwa, the Member of Parliament for Marondera East Constituency;

 

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

 

Resolves that its deepest sympathy be conveyed to the Chidakwa family, relatives and the entire Marondera East Constituency.

           

11.       Hon. Molekele-Tsiye          

                Hon L. Maphosa

 

That this House takes note of the Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on the operations of Verify Engineering, Mkwasine [S.C. 1, 2020]

 

12.       Hon mavenyengwa  

              Hon Togarepi

 

That this House takes note of the Report of the Zimbabwean Delegation to the 141st Assembly of the Inter-Parliamentary Union held in Belgrade, Serbia, from13th -17th October 2019.

 

13.        Hon. Toffa

               Hon. Tongofa

 

That this House take note of the First Report of the Portfolio Committee on Health and Child Care on the Network of African Parliamentary Committees on Health (NEAPACOH) Conference, held in Kampala, Uganda from 30th to 31st October 2018. 

 

14.       Hon. Madiwa

             Hon. Togarepi

 

              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.

 

15.      Hon. Chombo                                          

              Hon. Labode Dr.

 

That this House takes note of the Delegation Report on the Pan-African Parliament High Level Summit on HIV and Health Financing in Africa, held in Brazzaville, Congo from 11th – 12th July 2019. 

 

16.       Hon Paradza

            Hon Mayihlome

 

            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 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, which resulted in the Global Action plan to end statelessness in 10 years;

 

ALSO RECOGNISING that Zimbabwe is party of 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 the

1961 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; 

 

(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; and

 

(e)                                        Urge the Executive to use Zimbabwe’s Chairpersonship of SADC PF to

            champion issues of ending Statelessness within the region.

 

17.        Hon Mpariwa

              Hon D. Sibanda 

           

            That this House:

 

NOTING that the 25th November, 2019 marked the beginning of the 16 days of Activism     against Gender Based Violence

 

COGNISANT that this important issue has been marked internationally since 1991 due to the rampant physical, mental and sexual abuse of women and girls at the hands of cruel and insensitive men.

 

WORRIED that in spite of the efforts to raise awareness of this critical issue it has in some instances gone unabated.

 

CONCERNED that Zimbabwe has been unable to eradicate this scourge which manifests itself in many ways such as domestic violence, rape, incest, child marriage and other undesirable practices.

 

AWARE that failure to deal with this problem is a sad indictment on Zimbabwe as a nation.

 

DESIROUS that appropriate legislative measures and policy interventions be put in place to end all forms of gender based violence.

 

NOW THEREFORE; Calls upon the appropriate Government Ministries, agencies and departments to come up with appropriate measures to ensure that incidences of gender based violence are in the short term reduced and in the long run eradicated.

 

18.       Hon Chidakwa J.

                Hon Madzimure

 

            That this House:  

 

CONCERNED at the scourge of illicit financial flows affecting African countries in general and Zimbabwe in particular;

 

FURTHER CONCERNED about the lack of adequate domestic and international measures to curb illicit financial impropriation;

 

WORRIED by the Government’s indifferent and lackadaisical response to challenges of illicit financial flaws; and

 

DISTURBED by the operations of the cartels and other doggy characters who are aiding and abetting illicit financial flaws in the country.

 

NOW THEREFORE CALLS UPON, this House to;

 

(a)    Unequivocally condemn the practice of conducting illicit financial activities in

                 Zimbabwe; and

 

(b)   The Government to put in place policies and measures to curb illicit financial flaws. 

 

19.          Hon.  Mliswa              

                  Hon. Misihairabwi-Mushonga

 

              That this House:

 

 RECOGNISING that Members of Parliament, with the exception of Independent

 candidates, are elected to Parliament on a political party ticket

 

ACKNOWLEDGING that every political party is guided by its own ideology, values and principles which largely influence the manner in which members of the party debate on issues brought before Parliament

 

AWARE that once a Member of Parliament is elected, he or she becomes a representative of every citizen of Zimbabwe in his or her constituency and not just those that voted for the Member

 

CONCERNED that Members of Parliament cannot fulfil this representative role to its letter and spirit due to the strictures imposed by political party ideology which is enforced by the whipping system

 

NOTING that Section 61 of the Constitution of Zimbabwe affords every citizen, including Parliamentarians, the right to freedom of expression and the right to seek, receive and communicate ideas and other information

 

ALSO NOTING that Section 148 (1) of the Constitution provides that Members of Parliament have freedom of speech in Parliament and in all Parliamentary Committees and, while they must obey the rules and orders of the House concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to Parliament or any of its committees. 

 

COGNISANT, however, that this privilege is invalidated by Section 129 (1) (k) of the Constitution which gives political parties the unfettered power to recall a Member of Parliament whom, in executing his or her representative function, does not toe the party line

 

DEEPLY CONCERNED that this provision entrenches the whipping system and limits Members of Parliament’s ability to debate freely, earnestly and without fear or favour on issues that affect the people of Zimbabwe where the matters appear to contradict the party line.

 

NOW, THEREFORE, calls upon Parliament to: Urgently amend Section 129 (1) (k) of the Constitution of Zimbabwe so that it stays execution of any notice of expulsion of a member until the Constitutional Court has certified that due process was followed.

 

20.        Hon Madhuku 

              Hon S. Sithole

 

             That this House;

 

APPLAUDING the commitment by Government to provide salary increases to civil servants from time to time to mitigate the impact of inflation caused by the vicissitudes of the economic environment;

 

COGNISANT that the resources provided by the Government are always limited and do not meet the expectations of the civil servants and other public officers;

 

RECALLING that in a bid to improve the conditions of service for its workers, Government has passed resolutions on the need to introduce non-monetary benefits as a way of augmenting the paltry salaries that civil servants earn to cushion their livelihoods under the prevailing harsh economic conditions;

 

NOW THEREFORE, CALLS upon the Ministry of Finance and Economic Development and the Public Service Commission to provide non-monetary incentives to all Government workers, the majority of whom have nothing to take home at retirement to show for their illustrious services as civil and public officers;

 

FURTHER RECOMMENDS that non-monetary benefits be given in the form of land    and personal vehicles for those who have been in the civil service for periods in excess of twenty-five years.

 

21.       Hon. Kwaramba             

             Hon. Bhuda-Masara

 

            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, 79 and 80 of the Constitution of Zimbabwe provide for gender equity;

 

NOTING the commemoration of SHEDECIDES on 2nd March and the International

Women’s Day on 8 March, 2020 under the theme “I am Generation Equality: Realising

Women’s Rights’, which marks the 25th anniversary of the Beijing Declaration and Platform for Action;

 

DEEPLY CONCERNED by the regression in the implementation of the Beijing+ 25 Critical Areas;

 

WORRIED about the country’s state of preparedness in the face of the Coronavirus and other non-communicable diseases;

 

            NOW THEREFORE in line with the Beijing+ 25 declaration;

 

a)                  Government to create an enabling environment for teenagers to access reproductive health services;

 

b)                  Government to increase funding for the Ministries implementing the Beijing +25 Critical Areas;

 

c)                  Government to equip relevant stakeholders that deal with Gender Based Violence with adequate financial and human resources; and

 

d)                 Parliament of Zimbabwe to expedite the implementation of the institutional gender policy which provides institutional mechanisms to deal with sexual harassment and violence against women.

 

22.           Hon Mavetera 

                  Hon Tsvangirayi

 

                  That this House:

 

MINDFUL that young people constitute around seventy percent of the population and must be adequately represented in all the socio-economic spheres as they are the backbone of the country’s economic development;

 

ALSO MINDFUL that Section 20 (b) of the Constitution of Zimbabwe provides that the State and all agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, particularly those aged between fifteen and thirty-five have opportunities to associate and to be represented and participate in political, social and other economic spheres of life;

 

COGNISANT that there are gaps in the legislative framework on issues pertaining to the youths;        

 

NOW, THEREFORE, calls upon the responsible Ministry to:

 

a)                  come up with legislation that allocate at least twenty-five percent of decision

      making positions to the youth by the 31st December, 2022;

b)                  embark on programmes that economically empower the youths by 31st

            December, 2022; and

c)                  ensure that such measures and programmes embarked on are all inclusive,

      nonpartisan and reflective of the national character of our country.

 

23.             Hon J. Chidakwa

                  Hon Mushoriwa

 

                  That this House;

 

      NOTING the widening gap between the poor and the rich in Zimbabwe.

 

CONCERNED that extreme poverty in Zimbabwe has risen from 29% (4,7 million) in 2018 to 34% (5,7 Million) people in 2019;

 

SHOCKED that the richest few Zimbabweans took a large percentage while the bottom half of Zimbabweans accounted for less percentage of the country’s income in 2019;

 

SADDENED that the Government has gazetted that domestic workers be paid RTGS $1 200.00 which is far less than USD $60.00 per month and well below the poverty datum line;

 

AWARE that the Executive arm of Government has failed to come up with policies that address inequalities;

 

NOW THEREFORE; calls upon Government:

 

 

a)       To carry out investigations to determine the causes of the continued widening gap between the rich and the poor in the country; and 

 

b)      To take remedial measures to urgently address the economic disparities in the country.  

 

24.       Hon. Josiah Sithole

              Hon. E. Ncube

 

NOTING that Zimbabwe ratified the United Nations Convention on the Rights of Persons with Disabilities in 2013;

 

ALSO NOTING that Section 83 of the Constitution exhorts the state to take appropriate         measures to ensure that persons with disabilities realise their full mental and physical potential;

 

CONCERNED that persons with disabilities continue to be marginalised in socio-economic development initiatives, including disbursement of the Covid 19 Lockdown cushioning grants for vulnerable groups and e-learning facilities during the Lockdown;

 

            ALSO CONCERNED that the Disabled Persons Act [Chapter 17:01] of 1992 has been                 overtaken by events and no longer adequately caters for the rights of persons with             disabilities;

 

              NOW THEREFORE, calls upon:

 

a)      the government to craft all-inclusive development policies which cater for the needs of persons with disability, amongst other groups;

b)      the Ministry of Public Service Labour and Social Welfare and Ministry of

Primary and Secondary Education to urgently provide specific grants and e-learning packages for persons with disabilities respectively by 31st July, 2020; and

c)      the Ministry of Public Service, Labour and Social Welfare to present a bill to              Parliament which aligns the Disabled Persons Act [Chapter 17:01] to the Constitution and domesticates the United Nations Convention on the Rights of Persons with Disabilities by 31st December 2020.

 

25.       Hon. Josiah Sithole 

               Hon. Mutambisi

 

            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.

 

 

 

26.       Hon Mavetera

            Hon Mhona

 

            That this House takes note of the Report by the Zimbabwean Delegation to the 5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE) held from 28th to 30th August 2019 in Abidjan, Cote D’voire.

 

27.     Adjourned debate on motion on the Report of the Privileges Committee on allegations

of soliciting for a bribe against four Hon Members (Adjourned 25th February, 2020 – Hon. Togarepi)

 

[Days elapsed: 9]

 

Question proposed: That this House takes note of the Report of the Privileges Committee on allegations of soliciting for a bribe raised against Hon. Mliswa, Hon. Chikomba, Hon. Ndebele and Hon. P. D. Sibanda- Hon. Sen. Chief Charumbira

 

28.       Adjourned debate on motion on the Report of the Portfolio Committee on Local Government, Public Works and National Housing on the Fact-Finding Visits to Selected Local Authorities (Adjourned 29th September, 2020 – Hon. Mtambisi)

 

                                                                                                                           [Day elapsed: 3]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Local Government, Public Works and National Housing on the Fact-Finding Visits to Selected Local Authorities (S.C11, 2020) - Hon Bushu

 

 

29.    Adjourned debate on motion on the Report of the Delegation to the Summit of the International Conference on Population and Development (Adjourned 24th September, 2020 – The Minister of Justice, Legal and Parliamentary Affairs)

 

                                                                                                                           [Day elapsed: 4]

 

Question proposed: That this House takes note of the Report of the Delegation to the Summit of the International Conference on Population and Development held in Nairobi, Kenya from 12th to 14th November 2019 - Hon Kwaramba

 

 

30.       Adjourned debate on motion on the death of Honourable Senator, Member of Parliament

for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri (Adjourned 22     September 2020 – Hon. Togarepi )

 

                                                                                                                            [Days elapsed: 5]

             

             Question proposed: That this House;

 

Expresses its profound sorrow on the sudden and untimely death on Wednesday, 29th July 2020 of the Honourable Senator, Member of Parliament for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri;

 

Places on record its appreciation of the services which the late Member rendered to Parliament and the nation; and

 

Resolves that its deepest sympathy be conveyed to the Shiri family and Mashonaland Central Province. – Hon Mliswa

 

31.      Adjourned debate on motion on the Report of the 46th Plenary Assembly Session of the

SADC Parliamentary Forum held at the Swakopmund Entertainment Centre, Swakopmund, Namibia held from 10th to 17th December 2019 (Adjourned 22nd September, 2020 – Hon Togarepi)

 

                                                                                                                           [Days elapsed: 6]

 

Question proposed: That this House takes note of the Report of the 46th Plenary Assembly Session of the SADC Parliamentary Forum held at the Swakopmund Entertainment Centre, Swakopmund, Namibia held from 10th to 17th December 2019 – Hon Ndiweni. 

 

 

32.       Adjourned debate on motion on the Report of the International Forum on the Development of Parliamentarians and the Russia-Africa Parliamentary Conference (Adjourned 2nd September, 2020 – Hon. Togarepi)

             

[Days elapsed: 11] 

 

Question proposed: That this House takes note of the Report of the International Forum on Development of Parliamentarians and the Russia-Africa Parliamentary Conference, held at the Crown Plaza Hotel, in Moscow, Russia from 1st to 3rd July 2019- Hon Paradza K

 

33.        Adjourned debate on motion on the Report of the Portfolio Committee on Industry and

Commerce on the Petition by Associations of the Sugarcane Farmers (Adjourned 16th July, 2020 – Hon. Togarepi)

             

[Days elapsed: 12] 

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Industry and   Commerce on the Petition by Associations of the Sugarcane Farmers on the issues relating to the division of proceeds ratio, Sugar Production Control Act (Chapter 18.19) of 1964, Value Added Tax, hegemony of the sugar industry value chain and subsequent myriad of challenges affecting sugarcane out-growers -Hon Sacco 

 

34.       Adjourned debate on motion on the Report of the Delegation to the Third World  

Parliamentary Forum on Sustainable Development (Adjourned 8th July, 2020 – Hon. P.             Moyo)

             

[Days elapsed: 18] 

 

Question proposed: That this House takes note of the Report of the Delegation to the Third World Parliamentary Forum on Sustainable Development, held in Bali, Indonesia from 4th to 5th September 2019-Hon P. Moyo 

 

35.       Adjourned debate on motion on the Report of the delegation to the 75th Session of the

            Executive Committee and the 42nd Conference of the African Parliamentary

             Forum Union (APU) (Adjourned 7th July, 2020 – Hon. Togarepi)

             

[Days elapsed: 19] 

 

            Question proposed: That this House takes note of the Report of the 75th Session of the 

          Executive Committee and the 42ndConference of the African Parliamentary Forum Union 

            (APU) – Hon. T. Zhou

 

36.       Adjourned debate on the motion on the Report of the Portfolio Committee on Lands,     

       Agriculture, Water and Rural Resettlement on the 2020 Zimbabwe Cotton Marketing                   

 Season: The Farmer’s Experience (Adjourned 14th July, 2020 – Hon.              Wadyajena)

[Days elapsed: 17] 

 

Question proposed: That this House takes note of the Report of the Portfolio Committee

on Lands, Agriculture, Water and Rural Resettlement on the 2020 Zimbabwe Cotton Marketing Season: The Farmer’s Experience (S.C. 12, 2020) – Hon. Wadyajena

 

37.      Adjourned debate on motion on the Report   the Portfolio Committee on Public Service,

            Labour and Social Welfare on the Petition Received from the National Residential Care

   Leavers Network Trust on the Violation of Rights of Young Adults upon discharge from

            Residential Child Care Facilities (Adjourned 14th July, 2020 – Hon. E. Ncube)

 

 

 [Days elapsed: 17] 

 

Question proposed: That this House takes note of the Report of the Portfolio Committee    on Public Service, Labour and Social Welfare on the Petition Received from the National Residential Care Leavers Network Trust on the Violation of Rights of Young Adults upon discharge from Residential Child Care Facilities [S.C. 7, 2020] – Hon E Ncube

 

38.       Adjourned debate on motion on the Report of the Portfolio Committee on Youth, Sport,

Arts and Recreation on the Petition on the need to set up a Youth Commission which will ensure that the State complies with the provisions of Section 20 of the Constitution, (S. C. 2, 2019) (Adjourned 15th July, 2020 – Hon Togarepi).

                                                                                                                             [Days elapsed: 16]

 

Question proposed: That this House takes note of Report of the Portfolio Committee on Youth, Sport, Arts and Recreation on the Petition on the need to set up a Youth Commission which will ensure that the State complies with the provisions of Section 20 of the Constitution, (S. C. 2, 2019) – Hon Tongofa

 

39.     Adjourned debate on motion on the Report of the delegation to 53rd Session of the ACP

           Parliamentary Assembly and the 37th Session of the ACP-EU Joint Parliamentary 

           Assembly (Adjourned 7th July, 2020 – Hon. Togarepi)

             

[Days elapsed: 19] 

 

Question proposed: That this House takes note of the Report on the 53rd Session of the

ACP Parliamentary Assembly and the 37th Session of the ACP-EU Joint Parliamentary

Assembly – Hon. P. Moyo

 

40.      Adjourned debate on motion on the Report of the Portfolio Committee on Justice, Legal

            and Parliamentary Affairs on the Zimbabwe Elections Support Network’s Petition to

Parliament on Electoral Reforms (Adjourned 25th   June, 2020 – Hon. Mataranyika)

  

             

[Days elapsed: 21] 

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Zimbabwe Elections Support Network’s Petition to Parliament on Electoral Reforms. (S.C. 29, 2019)-Hon Mataranyika.

  

41.      Adjourned debate on motion on the motion that this House adopts the Third Report of the

Public Accounts Committee on the Benchmarking Visit to the Parliament of Zambia by a Delegation of the Committee, (S. C. 17, 2019). (Adjourned 8th September, 2020 – Hon. Mpariwa))

             

[Days elapsed: 9] 

 

Question proposed: That this House adopts the Third Report of the Public Accounts Committee on the Benchmarking Visit to the Parliament of Zambia by a Delegation of the Committee, - Hon. Mpariwa

 

 

42.       Committee of Supply

 

 

 

 

 

WEDNESDAY, 7TH OCTOBER, 2020

 

I.QUESTIONS FOR ORAL ANSWERS

 

QUESTIONS WITHOUT NOTICE
*

 

QUESTIONS WITH NOTICE
*1. HON. B. DUBE: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House the government policy position regarding individuals who lost parliamentary elections and then went on to masquerade as Honourable Members, as has been the case in some parts of the country such as Chiwundura Constituency.
*2. HON. B. DUBE: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House the government policy position regarding individuals who lost parliamentary elections and then went on to masquerade as Honourable Members, as has been the case in some parts of the country such as Chiwundura Constituency.

 

[Deferred from 12th February, 2020]

 

*3.

 

 

 

HON. GANDAWA: To ask the Minister of Environment, Climate Change, Tourism and Hospitality Industry to explain measures being put in place to compensate communities in Nyamakate, Chinyudze areas of Hurungwe North, who are constantly losing livestock to wild animals.

[Deferred from 27th May, 2020]

*4. HON. MADHUKU: To ask the Minister of Environment, Climate, Tourism and
  Hospitality to inform the House measures being taken by the Ministry to compensate 
  (a) Families of victims killed by wild animals near conservancies due to human -wildlife  
       conflict;
  (b) Farmers whose cattle are being killed by animals near conservancies; and
 

 

(c) Farmers whose crops are destroyed by wild animals due to human-wildlife conflict

 

[Deferred from 27th May, 2020]

*5. HON. CHIKUNI: To ask the Minister Environment, Climate, Tourism and Hospitality
  Industry to inform the House government policy on forestry companies which        have
  not planted trees for the past three years resulting in the establishment of human
 

 

settlements in areas earmarked for reforestation.

[Deferred from 8th July, 2020]

 

*6. HON. MASUKU E: To ask the Minister of Environment, Climate Change, Tourism and Hospitality Industry to inform the House the measures that the Ministry has put in place
  To promote domestic tourism in view of the fact that international tourist arrivals have been drastically reduced by the Covid 19 pandemic.

[Deferred from 8th July, 2020]

 

*7.  HON. MARONGE: To ask the Minister of Local Government and Public Works to inform

 the House when access roads in Masvingo South Constituency will be graded

 considering that the roads are in a state of dilapidation since this rehabilitation exercise

 was last done 3 years ago.

[Deferred from 2nd September, 2020]

 

  H *8. HON. DUBE B: To ask the Minister of Local Government and Public Works to explain to the House the ownership Hertfordshire and to further state efforts being made to resolve land ownership wrangle between beneficiaries of Hertfordshire housing scheme in Gweru in view of the fact that they are being threatened with eviction and demolition of their houses by a Mr. Hove over the land dispute with your Ministry.

   
 

[Deferred from 30th September, 2020]

 

 

 *9.      Hon. Bushu: To ask the Minister of Transport and Infrastructural Development to inform the House:  

a)      when  the construction of the Shamva- Goora Road in the Shamva District will                 commence?

b)      When the Shamva–Nyagande Road is going to be completed?

[Deferred from 30th September, 2020]


 

 

 

NOTICE OF AMENDMENTS

Zimbabwe Media Commission Bill, 2019 (H B. 8, 2019)  

INSERTION OF NEW CLAUSE 28 (CONDITIONS UNDER WHICH COMMISSION MAY ALLOW SELF -REGULATION OF MEDIA PRACTITIONERS WITH RESPECT TO COMPLAINTS AGAINST THEM)

 

BY THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES

On page 13 of the Bill, in Part V ("General Provisions"), insert the following clause after line 40, and renumber the existing clauses accordingly—

28 Conditions under which Commission may allow self-regulation of media practitioners with respect to complaints against them

(l ) In this section, references to— association" includes a combination of associations by whatever name called with its own constitution and code of ethics, or a combination of media practitioners representative of more than one media profession or specialism or more than one media houses;

"adjudicator" means a single adjudicator or group of adjudicators, including a group of adjudicators acting on behalf of a combination of associations, or a combination of media practitioners of different media professions or specialisms referred in the definition of "association'

(2)      An association of media practitioners that complies with the requirements of this section shall be recognised by the Commission as being the body empowered in the first instance to adjudicate complaints made against any of their members by any other member or by members of the public

(3)                          In amplification of subsection (2), it is a privilege of an association recognised by the

Commission under this section that no complainant who is afforded an opportunity to lodge his or her complaint with such an association may approach the Commission except on proof

satisfactory to the Commission that the complainant has first lodged it with the association concerned, and no such complainant may thereafter approach the Commission except on appeal from such association or after a lapse of time during which the association has failed to process the complaint timeously.

(4)                          Any association of media practitioners may, for the purposes of this section—

(a)             constitute themselves as an association to protect their collective interests (whether in the form of a trust, common law association or company limited by guarantee)

(b)             lodge, together with the prescribed fee, if any, with the Commission

(i)   an authenticated copy the constitutive document of their association signed by the persons authorised by the association to be the promoters or steering committee of the association; and

(ii) if the code of ethics of the members of the association is not an integral part of the constitutive document of the association, lodge together with the constitutive document a comprehensive code of ethics governing the conduct of the members of the association.

(4) If the Commission is satisfied that the constitutive document contains adequate provisions for the following matters, the Commission shall recognise the association by publishing (with the approval of the Minister) their constitutive document and (if separate) code of ethics by statutory instrument in the Gazette made under the authority of the Commission

(a) the hearing, processing. arbitration or adjudication of complaints made against any of their members by any another member or by members of the public; and

(b) the hearing, processing, arbitration or adjudication must be conducted on a part time, casual or full-time basis by at one or more neutral (that is to say, non-member) persons ("adjudicators"") who is or are qualified as follows—

(i)              he or she must have practised for not less than five years in Zimbabwe as a legal practitioner; or

(ii)            he or she must have been a judge of a court of inherent jurisdiction in

Zimbabwe or of any other country applying English or Roman-Dutch law; or

(iii)          he or she must be a media practitioner having qualifications, training or experience in arbitration or alternative dispute resolution which in the opinion of the Commission is adequate; and

(c) the manner in which complaints shall be lodged with the association and their presentation before the adjudicator or adjudicators within a reasonable time; and (d)        the manner of the adjudication, which shall have the following features

(i)              the adjudication may be conducted on the basis of either or both a hearing of the parties, or the submission of written representations in the form of affidavits by both, together with any affidavits by witnesses, if any;

(ii)            if a hearing is held each party may be legally represented but each must bear the cost of his or own legal representation;

(iii)          the adjudicator or adjudicators must be paid from the association's funds, with only a reasonable fee to be charged to the complainant for the lodging and processing of the complaint (and if the complainant wins his/her case the adjudicator(s) may require the respondent to reimburse the fee to the complainant); and

(iv)          the expeditious processing of the complaint by the adjudicator(s) within a specified time-frame and the due notification of the adjudicator(s)' decision in written and final form to both parties; and

(v)            if the adjudicator(s) finds that the complaint is justified in whole or in part, provision must be made for at least one or any combination of the following sanctions—

    A.         a written reprimand of the respondent media practitioner

B.                     retraction and apology at the respondent's expense, which shall be afforded adequate prominence in the medium in which it appears

C.                     the publication of a right of response at the respondent's expense

D.                     a recommendation of the suspension or termination of the media practitioner's membership of the association and/or his or her professional disaccreditation;

E.                      any other sanction permitted by the association's constitutive document or code of ethics;

(vi) after notification of the adjudicator's decision, no further provision for appeal may be

made except to the Commission; and

(e)                                                       provision for the amendment of the constitutive document of the association and the notification thereof to the Commission in a timeous fashion; and

(f)                                                       provisions for the dissolution of association on notice to the Commission.

(5)            It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement:

Provided that two or more recognised associations may employ the services of the same

adjudicator or set of adjudicators.

(6)            Upon any appeal from the decision or findings of an adjudicator of a recognised association under this section, the Commission shall have the following powers—

(a)          it may uphold the decision of the adjudicator award the costs of the appeal to the association; or

(b)          it may remit the decision or any finding to the adjudicator on the grounds that the adjudicator allowed extraneous or irrelevant considerations to affect his or her decision, or failed to take in relevant considerations or facts, or made any mistake of fact; or

(c)          it may substitute its own decision for that of the adjudicator only where the Commission finds—

(i)               interest in the cause, malice, bias or corruption on the part of the adjudicator; or

(ii)             gross irregularity in the proceedings or the decision of the adjudicator:

Provided, however, that before making a finding under subparagraph (i) or (ii) it shall afford the adjudicator an opportunity to make representations on the matter in person or in writing.

(7)                  It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement.

(8)                  The Commission may on notice to the association concerned withdraw the recognition of an association for the purposes of this section if the association has been found, on due inquiry, not to be compliant with the conditions of its recognition.

 

 

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 any

       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.”

(3)    BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Manpower Planning and Development Amendment Bill (H.B 2, 2020) - The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development (Referred 9th September, 2020).

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