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NATIONAL ASSEMBLY VOTES 02 FEBRUARY 2021 NO 20

No. 20

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY

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THIRD SESSION – NINTH PARLIAMENT

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TUESDAY, 2ND FEBRUARY, 2021

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ADVANCE COPY‑UNCORRECTED

No. 20

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY

_________________

THIRD SESSION – NINTH PARLIAMENT

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TUESDAY, 2ND February, 2021

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Quarter past Two o’clock pm.

The Speaker in the Chair.

Prayers.

Members Present

Banda G;

Banda S,

Bhila R,

Bhuda S,

Biti L. T.,

Chidakwa J.,

Chihururu C.,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S.,

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chitura L,

Chombo M,

Dube B,

Dube G,

Gonese I T,

Jaja J.,

Kabozo S.,

Kachepa N.,

Kankuni W,

Karumazondo M. T.,

Khupe T.

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machando P.,

Machingauta C.

Madiwa C.,

Madzimure W.,

Madziva S.,

Mafuta S. V.,

Mago N,

Mahlangu S,

Makone S.

Makoni R R,

Makonya J,

Mangora B.,

Maphosa L.,

Markham A. N.,

Masango C. P.,

Mataruse P.,

Matsikenyere N.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhere E.,

Mhona F T,

Mkandla M.,

Mkaratigwa E.,

Molokela-Tsiye F D,

Moyo C.,

Mpame C.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Mudyiwa M.,

Mukapiko D. L.,

Mukuhlani T.,

Munochinzwa M.

Muponora N.,

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushonga P. M.,

Musikavanhu D. A.,

Mutambisi C,

Mutodi E.,

Ncube Soul,

Ndebele A.,

Ndiweni D.,

Ndlovu S.,

Nguluvhe A.,

Nyabani T,

Nyamudeza S,

Nyere C.,

Nyokanhete J,

Paradza J,

Paradza K.,

Porusingazi E.,

Raidza M.,

Rungani A,

Saizi T.

Samson A.,

Saruwaka T. J. L.,

Sewera J N,

Shamu W. K.,

Shava J.,

Sibanda L.

Sibanda O.,

Sibanda Z.,

Singo L,

Sithole G K,

Sithole James,

Sithole Josiah,

Toffa J.,

Togarepi P.,

Tongofa M.,

Tsunga R,

Zemura L,

Zhou P,

Zhou T,

Printed by Order of the Senate

The Speaker informed the House of the death of Hon. Joel Biggie Matiza, Member of Parliament for Murewa South and Minister of Transport and Infrastructural Development, on Friday 2nd February, 2021 and invited Hon Members to rise and observe a minute of silence in respect of the late Hon Member.

The Speaker: I have to inform the House of the resignation of Hon. I. Gonese from the Committee on Standing Rules and Orders. Section 151(7) of the Constitution provides that:

“Whenever a vacancy occurs in the Committee on Standing

Rules and Orders, a Member must be elected or appointed, as the

case may be, as soon as possible to fill the vacancy.”

The MDC-Alliance has, nominated Hon. Sen. D. T. Mwonzora to fill the

vacancy. The nomination complies with Section 151 (1) of the Constitution

and Hon. Sen. Mwonzora is duly appointed a Member of the Committee

on Standing Rules and Orders.

On the motion of Hon. Togarepi, seconded by Hon. Mpariwa: The House adjourned at twenty-six minutes past two o’clock pm until Tuesday, 16th February, 2021 at a quarter past two o’clock in the afternoon.

HON. ADV. J. F. N. MUDENDA

Speaker

TUESDAY, 16TH FEBRUARY, 2021

ORDERS OF THE DAY AND NOTICES OF MOTIONS

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

[Days elapsed: 12]

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

The Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 11]

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.

The Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 11]

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.

The Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 11]

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.

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: 20]

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.

Second reading: Centre for Education, Innovation, Research and Development Bill (H.B. 1, 2020) – The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development.

[Day elapsed:1]

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

The Minister of Information and Communication Technology, Postal and Courier Services.

[Days elapsed: 1]

(See Notice of Amendments)

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: 20]

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.

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

[Days elapsed: 19]

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.

Hon. K. Paradza

Hon. Mayihlome

[Days elapsed: 15]

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.

Hon Tsvangirai

Hon Mukunyaidze

[Days elapsed: 13]

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.

Hon. Madiwa

Hon Togarepi

[Days elapsed: 13]

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.

Hon. Priscilla Moyo

Hon. Saruwaka

[Days elapsed: 8]

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.

Hon Madhuku

Hon. Sithole Josiah

[Days elapsed: 8]

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.

Hon Mliswa

Hon Misihairabwi – Mushonga

[Days elapsed: 8]

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.

Hon Madiwa

Hon Molokele

[Days elapsed: 9]

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.

Hon Ndiweni

Hon Makonya

[Days elapsed: 8]

That this House takes note 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.

Hon. Mkaratigwa

Hon. Musakwa

[Days elapsed: 7]

That this House takes note of the Report of the Portfolio Committee on Mines and Mining Development on the Public Hearings on the Petition submitted by the Zimbabwe Environmental Law Association (ZELA).

Hon. Mavetera

Hon. Mhona

[Days elapsed: 4]

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 28 to 30 August 2019 in Abidjan, Cote D’lvoire.

Hon Mushoriwa

Hon Toffa

[Days elapsed: 5]

That this House,

COGNISANT that education is a basic right enshrined in Zimbabwe’s Constitution and that the state has a duty to provide learners with resources and teaching facilities depending on the availability of resources;

NOTING, the unprecedented turbulence caused by the Covid 19 pandemic to the country’s public education system;

AWARE that the incapacitation of teachers due to poor remuneration and conditions of service has worsened the state of the public education system;

CONCERNED that the disturbances in the education sector have further widened the gap between the children of the rich and poor in Zimbabwe as the former access education while the latter do not have the same privileges;

SHOCKED that the Executive has not enacted policies to address the plight of teachers thereby threatening the future of millions of learners.

NOW THEREFORE, recommends that the Portfolio Committees on Public Service, Labour and Social Welfare; and Primary and Secondary Education jointly conduct:

a) an inquiry to determine whether the ideological shift by the Executive

arm of Government from center left to center right which favors the

rich at the expense of the poor is desirable to Zimbabwe;

b) public hearings to assess whether there has been no dereliction of duty by the Ministers of Public Service, Labour and Social Welfare and Primary and Secondary Education in the ongoing deterioration of the public education system in Zimbabwe; and

c) an investigation into whether Members of the Executive are not benefitting from the chaos in the public education system by luring students from failed public schools to their personal private colleges and schools which offer Cambridge examinations instead of the Zimbabwe School Examination Council (ZIMSEC).

d) To proffer recommendations to this House on measures that need to be taken to address the crises in the public education system in the country.

Hon Mushoriwa

Hon S. Ndlovu

[Days elapsed: 5]

That this House;

NOTING that some old high density suburbs in Zimbabwe’s cities such as Dzivaresekwa in Harare and Luveve in Bulawayo, among others were established several decades ago to cater and service a very limited number of people;

AWARE that there has been massive population growth in these suburbs with no commensurate investment in social services such as water provisioning, sewage reticulation and roads resulting in deplorable living conditions characterised by sewer, water and road challenges;

FURTHER AWARE that local authorities are currently incapacitated to invest huge sums of financial resources towards the renewal and revamping of these suburbs to meet the minimum urban standard requirement of a modern city;

CONCERNED that the constant deterioration of service delivery in such suburbs culminates in inadequate provision of Water, Sanitation and Hygiene (WASH) contrary to the focus of Sustainable Development Goal No. 6;

WORRIED that the situation prevailing in these old suburbs is a time bomb which may result in massive deaths due to the outbreak of diseases such as diarrhea, cholera, typhoid and other social ills.

NOW THEREFORE, resolves that the Minister of Finance and Economic Development annually allocates at least 2 percent of the National Budget towards investment in new infrastructure to replace the dilapidated WASH systems in the old suburbs in cities, municipalities, towns and local boards countrywide.

Hon. S.K. Mguni

Hon. Mayihlome

[Days elapsed: 4]

That this House;

Mindful, that the Constitution of Zimbabwe provides for the

comprehensive human rights and that Parliament must protect this

Constitution;

Also Cognisant that Section 56 of the Constitution of Zimbabwe

provides for equality and non-discrimination to the extent that every

person has a right not to be treated in an unfairly discriminatory

manner on such grounds as their nationality, race, colour, tribe, place

of birth, ethnic or social origin, language, class, religious belief,

political affiliation, opinion, custom, culture, sex, gender, marital

status, age, pregnancy, disability or economic or social status or

whether they were born in or out of the wedlock;

Disturbed that some existing statutes such as the Vagrancy Act

[Chapter 10:25] are selective as they specifically target persons with no

places to call home;

Further disturbed that the term vagrant is defined as someone

who maintains himself or herself by begging among other definitions;

Now, therefore resolves to;

a) Repeal the Vagrancy Act [Chapter 10.25] as it does not safeguard the interests of vulnerable people;
b) Conduct its constitutional mandate of ensuring that all citizens enjoy their basic human rights; and
c) Recommend that all relevant institutions which deal with the underprivileged embark on a massive exercise to promote the rehabilitation of vulnerable people, particularly those without homes.

Hon Madiwa

Hon Molokele

[Days elapsed: 3]

That this House take note of the report of the Portfolio Committee on Women Affairs, Community, SMEs Development on the fact finding visits to ascertain the level of public service delivery related to sgbv and COVID-19 IN Zimbabwe.

Hon Gabbuza

Hon E. Ncube

[Days elapsed: 2]

That this House takes note of the First Report of the Portfolio Committee on Energy and Power Development on the State of Independent Power Production in Zimbabwe (S.C. 17, 2020).

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

[Days elapsed: 8]

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

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: 12]

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.

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: 12]

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

Adjourned debate on motion on the recapitalization of the District

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

[Days elapsed: 16]

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.

Adjourned debate on motion on the Basic Education Assistance

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

Togarepi).

[Days elapsed: 16]

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.

WEDNESDAY, 3RD FEBRUARY, 2021

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. Bushu: To ask the Minister of Transport and Infrastructural Development to

inform the House:

a) When construction works on the Shamva-Goora Road will

commence;

b) when resumption of work that had stalled on the Shamva-Nyaguwe

Road will resume.

*10. 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]

*11. 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.

*12. 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]

*13. 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

*14. 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.

*15. 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.

*16. 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.

*17. 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.

*18. 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.

*19. 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.

*20. Hon. Josiah Sithole: To 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.

*21. 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.

*22. 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.

*23. 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.

*24. 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.

*25. 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.

*26. 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.

*27. 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.

*28. 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.

*29. 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.

*30. 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) enrolment 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.

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;

(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;

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.”.

“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;

(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.”

NATIONAL ASSEMBLY VOTES 02 FEBRUARY 2021 NO 20

NATIONAL ASSEMBLY VOTES 02 FEBRUARY 2021 NO 20

ZIMBABWE

ZIMBABWE

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