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NATIONAL ASSEMBLY VOTES 03 MARCH 2021 NO 28

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

 THE NATIONAL ASSEMBLY

 

                           _________________                              

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 3RD MARCH, 2021

_________________

 

ADVANCE COPY‑UNCORRECTED

 

 

No. 28

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

 THE NATIONAL ASSEMBLY

 

                           _________________                              

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 3RD MARCH, 2021

_________________

 

Quarter past Two o’clock pm.

The Deputy Speaker in the Chair.

 

Prayers.

 

Members Present

 

 

Banda G;

Banda S,

Bhila R,

Bhuda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

Chidakwa J.,

Chidamba S.,

Chiduwa C.

Chihururu C.,

Chikomba L.,

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S.,

Chimina L.,

Chimwanza J.

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A,

Chitando W,

Chitura L,

Chombo M,

Dube B,

Dube G,

Dube M.,

Dube P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Garwe D.,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gwanetsa K. K.,

Gwanongodza E.,

Hamauswa S.,

Houghton J. R,

Jaja J.,

January S.

Kabozo S.,

Kachepa N.,

Kambamura P.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Kazembe K.,

Khumalo M.,

Khumalo S. S.,

Khupe T.

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machakarika T.,

Machando P.,

Machingauta C.

Machingura R,

Madhuku J,

Madiro M,

Madiwa C.,

Madzimure W.,

Madziva S.,

Mafuta S. V.,

Mago N,

Mahlangu S,

Makone S.

Makoni R R,

Makonya J,

Mandiwanzira S C,

Mangora B.,

Maphosa L.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Masenda N. T,

Mashakada T.

Masiya D.,

Masuku E,

Masuku P.,

Matangira T. R,

Mataruse P.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mguni N,

Mhere E.,

Mhona F T,

Miranzi B.

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa M T,

Mliswa T P

Mnangagwa T. M.,

Modi R. I,

Molokela-Tsiye F D,

Moyo C.,

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Moyo T.,

Mpariwa P,

Mpofu A.,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mukapiko D. L.,

Mukuhlani T.,

Munetsi J.,

Munochinzwa M.

Muponora N.,

Murambiwa O,

Murire J, Rtd. Col. Dr

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushonga P. M.,

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Muswere J.,

Mutambisi C,

Mutodi E.,

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,

Nyabani T,

Nyamudeza S,

Nyashanu M. Dr,

Nyathi R. R,

Nyati Esther

Nyere C.,

Nyokanhete J,

Nyoni I,

Paradza K.,

Phulu K. I.,

Phuti D.,

Porusingazi E.,

Raidza M.,

Rwodzi B.,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sansole T. W.,

Sanyatwe C.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

Sibanda L.

Sibanda M.,

Sibanda O.,

Sibanda Z.,

Sikhala J.,

Simbanegavi Y.,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole S,

Svuure D,

Tekeshe D.,

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tsunga R,

Tsuura N.,

Tsvangirai Vincent

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zemura L,

Zhemu S,

Zhou P,

Zhou T,

Ziyambi ,

,

 

 

 


 

 

 

Printed by Order of the National Assembly

Absent with leave

 

Hon. C.G. Chiwenga; Hon. O.C.Z Muchinguri; Hon. Dr. S. Nzenza; Hon. J.G. Moyo; Hon. C. Mathema; Hon Dr. E. Moyo; Hon. Prof. Murwira; Hon. D. Musabayana; Hon. D. Marapira; Hon. S.G.G. Moyo; Hon. M.N. Ndlovu

1.         The Deputy Speaker reminded the House that all Hon. Members were required to log in using their names for identification purposes or indicate their names on the chat platform. Members were also advised to keep their gadgets on mute and only unmute when called upon to speak by the Chair.

 

2.         Questions without notice

 

3.         Questions with notice

 

4.         Hon. Togarepi, seconded by Hon Tekeshe, moved: That Notices of Motions and Orders of the Day Nos. 1 to 24, for today, stand over until Notice of Motion No. 25 has been disposed of.

 

Motion put and agreed to.

 

5.         Adjourned debate on motion on the Basic Education Assistance Module (BEAM) Programme (Restored 17th, November, 2020 –  Hon. Togarepi).

 

[Days elapsed: 23]

Question again 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.

 

Motion put and agreed to.

 

 

6.         Hon. Togarepi, seconded by Hon Tekeshe, moved: That the House reverts to Notice of Motion No. 8.

 

Motion put and agreed to.

 

7.       Hon Musarurwa, seconded by Hon Saizi, moved: That this House takes note of the Report of the Portfolio Committee on Environment, Climate and Tourism on the alleged emissions of pollutants by Steel Brands (PVT) LTD (S.C. 1, 2021)

 

On the motion of Hon. Togarepi, seconded by Hon. Tekeshe: Debate adjourned until tomorrow.

 

8.         On the motion of Hon. Togarepi, seconded by Hon. Tekeshe: The House adjourned at       twenty-seven minutes past six o’clock pm.

 

 

HON. T. GEZI,

         Deputy Speaker.

 

 

THURSDAY, 4TH MARCH, 2021

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

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

                                                                                                                                                                                    [Days elapsed: 20]

 

That 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

 

 

 

2.         The Minister of Justice, Legal and Parliamentary Affairs

                                                                                                                                                                        [Days elapsed: 19]

 

That this House takes note of the Reports 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.

 

3.         The Minister of Justice, Legal and Parliamentary Affairs

 

                                                                         [Days elapsed: 19]

 

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.

 

4.         The Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 19]

            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.

 

 

5.         The Minister of Finance and Economic Development

[Day elapsed: 5]

THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organizations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS, the Loan Agreement between Government of Zimbabwe and the Arab Bank for Economic Development in Africa (BADEA) relating to Urgent Response Operation to Fight Covid 19 concluded 28 August 2020 to be implemented through the Ministry of Health and Child Care; and

NOW THEREFORE, in terms of Section 327(3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved.

 

 

 

 

6.          The Minister of Finance and Economic Development

 

THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which has been concluded or executed by the President or under the President’s authority with one or more foreign organizations or entities and imposes fiscal obligations on Zimbabwe does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS, the Loan Agreement between Government of Zimbabwe and the Export - Import Bank of India relating to Hwange Units Thermal Power Station Life Extension Project being implemented by Zimbabwe Power Company concluded on 24 February 2020; and

NOW THEREFORE, in terms of Section 327(3) of the Constitution, this House resolves that the aforesaid Agreement be and is hereby approved.

 

7.         Committee: Forest Amendment Bill (H.B. 19, 2019)– The Minister of Environment, Climate, Tourism and Hospitality Industry)

                                                                               [Days elapsed: 28]

 

 

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

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

[Days elapsed: 9]

 

(See Notice of Amendments)

 

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

 

                                                                                  [Days elapsed: 27]

 

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

 

 

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

 

[Days elapsed: 27]

 

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.

 

 

 

11.       Hon. Mayihlome

Hon. Shamu

 

[Days elapsed: 23]

 

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 it 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 aligns 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.

 

12.         Hon. Madhuku

Hon. Sithole Josiah

            [Days elapsed: 17]

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.

 

 

13.       Hon. Mliswa

Hon. Misihairabwi – Mushonga

[Days elapsed: 18]

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.

 

 

14.       Hon. Mavetera

Hon. B. Dube

                                                                                                            [Day elapsed: 2]

 

 

That the motion on the inclusion of youths in the socio economic spheres of the

economy which was superseded by the Second Session be restored on the Order Paper

in terms of Standing Order No. 75

 

15.       Hon. Gabbuza

Hon. E. Ncube

                                                                                                                       [Days elapsed: 10]

 

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).

 

16.         Hon. chikukwa

Hon. chinyanganya

[Day elapsed: 1]

               That this House takes note of the Report of the Portfolio Committee on Local Government, Public Works and National Housing on the Zimbabwe Old People Association’s petition on lack of service delivery by Chitungwiza Municipality and Pensions that had been eroded by inflation (S.C. 15, 2021)

 

17.       Hon Tongofa

Hon Saruwaka

 

[Day elapsed: 1]

That this House takes note of the Report of the Portfolio Committee on Youth, Sports, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the State of Vocational Training Centres, the Empower Bank and Sporting facilities in Zimbabwe (S.C. 5, 2021)

 

18.        Hon. Priscilla Moyo

Hon. misihairabwi-mushonga

 

[Day elapsed: 1]

 

That this House takes note of the Report of the 56th and 57th sessions of the ACP Parliamentary Assembly and the session meetings of the ACP-EU Joint Parliamentary Assembly for the October to December sessions.

 

19.       Hon. Misihairambwi-Mushonga

Hon.   Josiah Sithole

 

 

That this House takes note of the Report of the Portfolio Committee on Primary and Secondary Education on the school feeding programme fact finding visits.

(S.C. 7, 2021)

 

20.        Hon Tsvangirai

Hon Mukunyaidze

 

                             [Days elapsed: 21]

            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.

 

 

21.       Hon. Madiwa

Hon Togarepi

 

[Days elapsed: 21]

 

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.

 

 

22.       Hon. Priscilla Moyo

Hon. Saruwaka

[Days elapsed: 16]

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.

 

 

23.      Hon Ndiweni

Hon Makonya

[Days elapsed: 16]

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.

 

 

24.       Hon. Mavetera

Hon. Mhona

                                                                                                                            [Days elapsed:12]

 

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.

 

25.       Hon Nguluvhe

Hon Chidakwa

[Day elapsed:2]

 

That this House takes note of the Report of the Portfolio Committee on Defence,

Home Affairs and Security Services on the petition to amend Section 6 of the

Constitution of Zimbabwe and include Chikunda as one of the official languages (S.C.

3, 2021)

 

 

26.       Hon Mushoriwa

Hon Toffa

[Days elapsed: 13]

            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.

 

 

27.       Hon Mushoriwa

Hon S. Ndlovu

[Days elapsed: 13]

            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.

 

28.       Hon. S.K. Mguni

Hon. Mayihlome

 

            [Days elapsed: 12]

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.

 

29. Hon. Chingosho

Hon. Madiwa

[Day elapsed: 3]

 

COGNISANT that the economy in Zimbabwe is largely dominated by the informal sector which deprives the country of the much needed revenue as most businesses in this sector are not registered enterprises;

 

MINDFUL that the informal sector is usually accompanied by unofficial activities which give rise to the parallel black market.

 

CONCERNED that the activities of the informal sector have far reaching consequences to the entire economy in terms of fiscal measures that are aimed at the collection of more revenue in the form of taxes;

 

NOW THEREFORE, Call upon the Executive

a)      To encourage the informal sector to contribute to the fiscus by lowering taxes so that such informal businesses can come forward and register instead of operating under the cover of the parallel market.

 

b)      To promote small scale businesses in the informal sector and at the same time attract foreign investment through a raft of urgent measures which will in the long term revive the country’s economy.

 

30.       Adjourned debate on motion on the Report of the Portfolio Committee on Environment, Climate and Tourism on Steel Brands (PVT) LTD (Adjourned 3rd March, 2021– Hon Togarepi)

 

[Day elapsed: 1]

 

Questions proposed: That this House takes note of the Portfolio Committee on Environment, Climate and Tourism on the alleged emissions of pollutants by Steel Brands (PVT) LTD (S.C. 1, 2021)- Hon Musarurwa.

 

 

 

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

 

                                                                                                [Days elapsed: 16]

 

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

 

32.       Adjourned debate on motion on the Report of the Portfolio Committee on Women Affairs, Community and SMEs Development on Budget Performance Reports (Adjourned 16th February, 2021 – The Minister of Home Affairs and Cultural Heritage)

 

[Day elapsed: 8]

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 Madiwa.

 

33.       Adjourned debate on motion on the Report of the Portfolio Committee on Mines and Mining Development on the Petition by Zimbabwe Environmental Law Association (ZELA) (Adjourned 18th February, 2021-The Minister of Finance and Economic Development)

 

[Day elapsed: 6]

Question proposed: 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 Mukaratigwa.

 

34.       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: 20]

 

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.

 

 

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

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

 

[Days elapsed: 24]

 

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.

 

36.       Adjourned debate on motion on the Report of the Portfolio Committee on Women Affairs, Community and SMEs Development on public service delivery related to SGBV and COVID-19 in Zimbabwe (Adjourned 23rd February, 2021– Hon Madiwa)

 

[Day elapsed: 5]

 

Questions proposed: That this House takes 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 Madiwa

 

37.      Adjourned debate on the motion of the Report of the Portfolio Committee on

Primary and Secondary Education on the fields visits conducted to selected schools to

check compliance with COVID-19 regulations and the state of preparedness for

November 2020 examinations in light of the COVID-19 pandemic - Adjourned 25th February, 2021– Hon Misihairabwi-Mushonga)

 

 

 

[Days elapsed: 7]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Primary and Secondary Education on the fields visits conducted to selected schools to check compliance with COVID-19 regulations and the state of preparedness for November 2020 examinations in light of the COVID-19 pandemic- Hon Misihairabwi-Mushonga.

 

38.       Adjourned debate on motion on Zimbabwe's image and national reputation– (Adjourned 2nd March, 2021 – Hon Togarepi).

 

[Days elapsed: 2]

            Question proposed: That this House:

 

COGNISANT that Zimbabwe's image and national reputation are critical factors in attracting foreign investment;

 

CONCERNED that the negative portrayal of the country's image and reputation have an adverse and crippling impact on the country’s economic prospects especially on tourism, investment, and the welfare of the vulnerable such as youths, women and the disabled;

 

ENCOURAGED that other jurisdictions, recognising the need to preserve their image and soft power in a competitive global village have enacted laws that bar their citizens from engaging in unpatriotic activities and communication intended to denigrate the integrity of their homeland;

 

BUOYED by the fact that the overwhelming majority of Zimbabweans are focused on building the positive image of the country as a reforming, open, peaceful, and democratic country that is attractive to investment;

 

NOW THEREFORE, call upon this August House to enact a law that:

a) recognises and celebrates efforts made by Zimbabwean citizens at home and abroad to promote the country’s positive image and brand; and

b) prohibits any Zimbabwean citizen from willfully communicating messages intended to harm the image and reputation of the country on international platforms or engaging with foreign countries with the intention of communicating messages intended to harm the country's positive image, and or to undermine its integrity and reputation – Hon A. Mpofu

 

39.       Committee Of Supply

 

 

TUESDAY, 9TH MARCH, 2021

 

ORDER OF THE DAY

 

Adjourned debate on motion on the Second reading of the Centre for Education,

Innovation, Research and Development Bill (H.B. 1, 2020) (Adjourned 17th February, 2021–

The Minister of Home Affairs and Cultural Heritage)

 

Question proposed: That the Centre for Education, Innovation, Research and Development

Bill (H.B. 1, 2020) be now read a second time - The Minister of Higher and Tertiary

Education, Innovation, Science and Technology Development.

 

 

 

 

WEDNESDAY, 10TH MARCH, 2021

 

questions for oral answers

 

♦          QUESTIONS WITHOUT NOTICE.

 

*          QUESTIONS WITH NOTICE.

 

*1.       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.

 

[Deferred from 17th February, 2021]

 

*2.      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.

[Deferred from 17th February, 2021]

 

*3.       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.

 

[Deferred from 17th February, 2021]

 

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

                             [Deferred from 24th February, 2021]

 

*5.       Hon. B. Dube: To ask the Minister of Public Service, Labour and Social Welfare to inform the House-

(a)    To explain measures being taken by the Ministry to ensure that NSSA pensioners are being paid competitively.

(b)   Why the Ministry, NSSA and IPEC are neglecting private sector pensioners as regards access to the USD COVID-19 allowances.

[Deferred from 3rd March, 2021]

 

*6.       Hon. B. Dube: To ask the Minister of Health and Child Care to explain to the House when Gweru General Hospital will be upgraded to a Central Hospital considering that it is servicing more than 3 million people drawn from Midlands, Mashonaland West, Mashonaland East and Masvingo.

            [Deferred from 3rd March, 2021]

 

*7.       Hon. B. Dube: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House

a)      What the Government policy is on conditions of service for Independent Commissioners who have no access to vehicles for their use, unlike the Chairperson and Vice Chairperson.

 

b)       Whether such a scenario does not compromise their work and undermine the importance and integrity of their offices.

 

[Deferred from 3rd March, 2021]

 

 

 

 

 

 

NOTICE OF AMENDMENTS

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

 

 

amendment of clause 3 (INTERPRETATION)

 

By Hon. Gandawa

 

Clause 3 of the Bill is amended on page 4—

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

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

““data controller or controller”—

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

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

means of processing data;”.

 

amendment of clause 4 (APPLICATION)

 

By Hon. Gandawa

 

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

storage” after the word “processing”.

 

INSERTION OF NEW CLAUSES 15 AND 16

 

By Hon. Gandawa

 

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

      and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

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

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

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

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

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

processed;

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

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

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

 

       16  Rights of Data Subject

 

          A data subject has a right to—

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

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

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

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

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

 

amendment of clause 19 (SECURITY BREACH

NOTIFICATION)

 

By Hon. Gandawa

 

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

 

amendment of clause 20 (OBLIGATION OF NOTIFICATION

TO AUTHORITY)

 

By Hon. Gandawa

 

 

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

the substitution of the following—

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

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

include—

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

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

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

 

amendment of clause 35 (Amendment of CHAPTER VIII of

Cap 9:23)

 

By Hon. Gandawa

 

Clause 35 of the Bill is amended—

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

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

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

and the substitution of—

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

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

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

 

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

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

 

and the substitution of—

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

 

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

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

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

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

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

 

“165 Child sexual abuse material

(1)  In this Act—

“Child sexual abuse material” means any

representation through publication, exhibition,

cinematography, electronic means or any other

means whatsoever, of a child, a person made to

appear as a child or realistic material

representing a child, engaged in real or

simulated explicit sexual activity, or any

representation of the sexual parts of a child for

primarily sexual purposes.

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

(a)         produces child sexual abuse material;

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

(c)         distributes or transmits child sexual abuse material;

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

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

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

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

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

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

 

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

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

 

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Pension and Provident Funds Bill (H.B. 17, 2019) – The Minister of Finance and Economic Development (Referred 18th February 2021).

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