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NATIONAL ASSEMBLY VOTES 09 DECEMBER 2021 NO 19

 ADVANCE COPY- UNCORRECTED

No. 19

PARLIAMENT

 

OF

 

                                  ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FOURTH SESSION – NINTH PARLIAMENT

_________________

            THURSDAY, 9TH DECEMBER, 2021

_________________

Quarter past two o’clock p.m.

The Deputy Speaker in the Chair.

Prayers

 

Members Present

 

Banda G;

Banda S,

Bushu B.,

Bvute O,

Chamisa S.,

Chanda G,

Chasi F.,

Chibagu G.,

Chidakwa J.,

Chidamba S.,

Chihururu C.,

Chikomba L.,

Chikudo Rueben,

Chikukwa   M. R

Chikuni E.,

Chikwama B.,

Chimbaira G.,

Chimina L.,

Chimwaza J.

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A,

Chitura L,

Dube B,

Dube G,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S,

Gabbuza J G,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gumbo J M,

Gwanetsa K K,

Hamauswa S.,

Houghton J. R,

Jaja J.,

January S.

Kabozo S,

Kankuni W,

Kapuya F.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C,

Khumalo M,

Khumalo S S,

Khupe T.

Kwaramba G.,

Labode M. R.

Machakarika T,

Machingauta C,

Madhuku J,

Madiwa C.,

Madziva S,

Mafuta S. V.,

      Mago N,

Makoni R R,

Makonya J,

Mamombe J,

Mandiwanzira S C,

Mangora B.,

Maphosa L,

Marikisi N.,

Markham A. N.,

Masango C. P.,

Mashakada T.

Masuku E,

Masuku P,

Mataruse P.,

Matsikenyere N.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondiah M,

Mguni Hlalani

Mguni S K,

Mguni N,

      Mhere F T,

Miranzi B,

Mkaratigwa E.,

Mlambo M. M.

Mliswa M T,

Mnangagwa T. N,

Modi R. I,

Mokone S,

Molokele T F D,

Moyo C.,

Moyo L,

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Moyo T,

Mpame C,

Mpariwa P,

Mpofu M. M,

Mpofu R,

Muchimwe P T,

Mudarikwa S,

Mukapiko D L,

Mukuhlani T,

Mukunyaidze S. E. I.

Munetsi J.,

Munochinzwa M.

Muponora N.,

Murambiwa O,

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushoriwa E.,

Musikavanhu D A,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

Ncube Soul,

Ndebele A,

Ndiweni D.,

Ndlovu E,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F,

Nhari V,

Nkomo M,

Nyabani T,

Nyabote R,

Nyamudeza S,

Nyathi E,

Nyathi R. R,

Nyere C,

Nyokanhete J,

Nyoni I,

Raidza M,

Rwodzi B,

Sacco J. K.,

Saizi T.

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,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole Spare,

Taruvinga F,

Tekeshe D.,

Toffa J,

Togarepi P.,

Tongofa M,

Tshuma D,

Tsuura N,

Tungamirai T.,

Watson N J,

Zemura L,

       Zhou T,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Hon. M. Ncube

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

 

Absent with leave

 

 

  1. Adjourned debate on motion that leave be granted to bring in a Finance Bill (Adjourned 8th December, 2021 Togarepi)

                                                                                                       [Days elapsed: 3]

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

 

            Motion put and agreed to.

 

            Bill ordered to be brought in by the Minister of Finance and Economic Development.

  1. The Minister of Finance and Economic Development accordingly presented a bill to make further provisions for the revenues and public funds of Zimbabwe and to provide for matters connected therewith or incidental thereto - Finance Bill [H.B. 16, 2021].

Bill read the first time. Referred to the Parliamentary Legal Committee.

 

  1. Committee of Supply:

 

(Main Estimates of Expenditure - 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 under consideration)

 

(House in Committee)

 

Vote No. 1 – Office of the President and Cabinet, 32 391 219 000 put and

agreed to.

 

             Vote No. 2 – Parliament of Zimbabwe, 14 615 082 000, put and agreed to,

         Vote No. 3 – Public Service, Labour and Social Welfare, 19 477 330 000 put

         and agreed to.

         Vote No. 4 –  Defence and War Veterans, 61 553 280 000 put and            agreed to.

              Vote No. 5 – Finance and Economic Development, 64 573 566 000 put and

              agreed to.

             Vote No. 6 – Office of the Auditor |General, 3 014 099 000 put and agreed to.

     

             Vote No. 7–  Industry and Commerce, 3 879 548 000 put and agreed to.

             Vote No. 8 –  Land, Agriculture, Water and Rural resettlement 124 049 100

              000 put and agreed to.

 

             Vote No. 9 – Mines and Mining Development, 3 020 937 000 put and agreed

             to.

            Vote No. 10 – Environment, Climate Change, Tourism and Hospitality

             Industry, 3 711 362 000 put and agreed to.

 

            Vote No. 11 –  Transport and Infrastructural Development, 60 802 472 000

             put and agreed to.

            Vote No. 12 –  Foreign Affairs and International Trade, 14 877 305 000 put

             and agreed to.

 

            Vote No. 13 –  Local Government and Public Works, 24 315 327 000 put and

             agreed to.

 

            Vote No. 14 – Health and Child Care, 117 714 215 000 put and agreed to.

 

            Vote No. 15 – Primary and Secondary Education, 124 069 971 000 put and

            agreed to.

 

            Vote No. 16 – Higher and Tertiary Education, Innovation, Science and

            Technology Development, 35 774 248 000 put and agreed to.

            Vote No. 17 – Women Affairs, Community, Small and Medium Enterprises

Development 4 734 493 000 put and agreed to.

 

            Vote No. 18 –  Home Affairs and Cultural Heritage, 49 417 575 000 put and

             agreed to.

            Vote No. 19 – Justice, Legal and Parliamentary Affairs, 22 705 137 000                             put and agreed to.

 

            Vote No. 20 – Information, Publicity and Broadcasting Services, 2 652 674

             000 put and agreed to.

 

            Vote No. 21–Youth, Sport, Arts and Recreation, 7 844 058 000 put and agreed

             to.

            Vote No. 22– Energy and Power Development, 3 553 865 000 put and agreed

            Vote No. 23 –Information, Communication Technology and Courier Services,

            3 294 554 000 put and agreed to.

 

          Vote No. 24–National Housing and Social Amenities, 10 061 472 000 put and

           agreed to.

 

          Vote No. 25– Judicial Services Commission, 5 445 814 000 put and agreed to.

          Vote No. 26 – Public Service Commission, 22 752 070 000 put and agreed to.

          Vote No. 27 – National Council of Chiefs, 671 030 000 put and agreed to.

          Vote No. 28 – Human Rights Commission, 403 898 000 put and agreed to.

          Vote No. 29 – National Peace and Reconciliation Commission, 441 333 000 put

          and agreed to.

          Vote No. 30 – National Prosecuting Authority, 1 629 265 000 put and agreed

          Vote No. 31 –Zimbabwe Anti-Corruption Commission, 913 713 000 put and

          agreed to.

          Vote No. 32 –Zimbabwe Electoral Commission, 11 632 813 000 put and agreed

          Vote No. 33 – Zimbabwe Gender Commission, 497 590 000 put and agreed to.

          Vote No. 34 – Zimbabwe Land Commission, 1 759 307 000 put and agreed to.

          Vote No. 35 –Zimbabwe Media Commission, 510 990 000 put and agreed to.

 

Main Estimates of Expenditure to be reported without amendment.

(House resumed)

           

Main Estimates of Expenditure reported without amendment.

 

Adoption of Report – forthwith.

 

Report of the Main Estimates of Expenditure adopted.

 

Bill Ordered to be brought in by the Minister of Finance and Economic Development in accordance with the main Estimates of Expenditure adopted by the House.

  1. The Minister of Finance and Economic Development presented a Bill to apply a sum of money for the service of Zimbabwe during the year ending 31st December, 2021- Appropriation (2022) Bill (H.B 15, 2021).

 

Bill read the first time. Referred to the Parliamentary Legal Committee.

  1. Report from the Parliamentary Legal Committee NOT being an adverse

            report on the following Bill-

                                                                                                      Date received

Finance Bill (H.B. 16, 2021) ………………………9th December 2021

Seconding Reading-forthwith.

 

  1. second reading: Finance Bill (H.B 16, 2021)- Minister of Finance and Economic Development

Bill read a second time. Committee, forthwith.

                                                (House in Committee)

Clause 1 to 53 put and agreed to.

Bill to be reported without amendment.

Third Reading-forthwith.

Bill read the third time.

  1. Report from the Parliamentary Legal Committee NOT being an adverse

            report on the following Bill

                                                                                                      Date received

Appropriation 2022 Bill (H.B. 15, 2021) …………… 9th December 2021

Seconding Reading-forthwith.

 

  1. Second Reading: Appropriation (2022) Bill (H.B 15, 2021)- Minister of Finance and Economic Development

Bill read a second time. Third reading, forthwith.

 

Bill read the third time.

  1. Bills transmitted to the Senate -

Date transmitted

Finance Bill (H. B. 16, 2021)

 

Appropriation 2022 Bill (H.B. 15, 2021) …………….… 9th December 2021

  1. On the motion of the Minister of Finance and Economic Development: The House adjourned at quarter to ten o’clock pm, until Tuesday, 15th February 2022, at a quarter past two o’clock in the afternoon.

 

                                                                                                              HON. T. GEZI,

Deputy Speaker.

                                      

TUESDAY, 15TH FEBRUARY, 2022

 

           

            ORDERS OF THE DAY AND NOTICES OF MOTIONS

  1. Adjourned debate on motion on the annual Report of the Zimbabwe Gender Commission for the year 2020 (Adjourned 23rd November, 2021- The Minister of Justice, Legal and Parliamentary Affairs)         

                                                                                                [Days elapsed: 6]

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

Zimbabwe Gender Commission for the year 2020 presented to this House in

terms of Section 323(1) of the Constitution of Zimbabwe – The Minister of Women’s Affairs, Community, Small and Medium Enterprises

 Development         

 

  1. Adjourned debate on motion on the Second Reading of the Copper Control

Amendment Bill, (H. B. 3, 2021) - The Minister of Home Affairs and       Cultural Heritage. (Restored 2nd November, 2021 – The Minister of Justice,

      Legal and Parliamentary Affairs)

 

Question proposed: That the Copper Control Amendment Bill, (H. B. 3, 2021) be now read a second time - The Minister of Home Affairs and Cultural Heritage

 

  1.  Adjourned debate on the motion on the Second Reading of the Police Amendment        Bill, (H. B. 2, 2021)- The Minister of Home Affairs and Cultural Heritage.          (Restored 2nd November, 2021 – The Minister of Justice, Legal and Parliamentary Affairs)

 

Question proposed: That the Police Amendment Bill, (H. B. 2, 2021) be now read a second time - The Minister of Home Affairs and Cultural Heritage.

  1. Committee: Guardianship of Minors Amendment Bill (H. B. 7, 2021)- The Minister of Justice,             Legal and Parliamentary Affairs.

 

(See Notice of Amendments)

           

  1. Committee: Zimbabwe Independent Complaints Commission Bill (H.B. 5, 2020) - The Minister of Justice, Legal and Parliamentary Affairs.

 

(See Notice of Amendments)

 

  1. Second reading: Public Finance Management Amendment Bill (H.B. 4, 2021) – The Minister of Finance and Economic Development.

                                                                                                                           

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 18th November, 2021- Hon T. Moyo)

[Days elapsed: 18]

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 Mutambisi.

  1.     Hon. Mokone

          Hon. Nguluvhe

 

[Day elapsed: 3]

           

That the motion on the Report of the Portfolio Committee on Information, Media and Broadcasting Services on the State of media in Zimbabwe which was superseded by the end of the Third Session of the 9th Parliament be restored on the Order Paper in terms of Standing Order No. 77.

  1.  Hon Masango

Hon Tsvuura

[Day elapsed: 3]

That this House-

MINDFUL that menstrual hygiene day is marked on May 28 every year.

 

ALSO MINDFUL the ability of women and girls to manage their menstruation and health as they could not access menstrual hygiene products during the lockdown period was affected negatively by the Covid-19 due to reduction in income levels.

 

COGNIZANT that government has endeavored to ensure that sanitary were remains affordable to women and girls through Statutory Instruments Nos. 65 of 2018, 3 of 2020 also the introduction of programs on free sanitary wear in rural schools to assist children from disadvantaged families.

 

NOTING disadvantaged children are accessing sanitary wear despite concerted efforts by various stakeholders to assist the Ministry of Health and Childcare in the noble cause to address menstrual hygiene challenges.

 

NOW, THEREFORE calls upon the Ministry of Health and Child Care to:

 

  1. Empower women and girls who are already in the sewing industry to

            double their efforts in proving sanitary wear.

  1. Donate to school girls the much needed materials for sanitary wear.
  2. Ensure uniformity in the procurement of sanitary ware so that all

            women and girls benefit and in particular the girls from disadvantaged

communities of the country.

  1. Hon Chikukwa

            Hon. N. Mguni

                                                                                                                        [Days elapsed: 4]

 

That this House takes note of the Report of the Portfolio Committee on Local Government, Public Works, National Housing and Social Amenities on an inquiry into the implementation of devolution in Zimbabwe (S.C. 45, 2021).

 

  1.   Hon Svuure

              Hon Chikudo

                                                                                                                                           [Days elapsed: 7]

            That this House takes note of the Report of the Portfolio Committee on Industry and Commerce on the 2021 First Quarter Budget Performance Reports for the Ministry of Industry and Commerce.

  1.  Hon Togarepi

Hon Priscilla Moyo

                                                                                                                                                                                                                                                                                   [Days elapsed: 8]

            That this House-

 

            MINDFUL that at the attainment of Zimbabwe` s Independence in 1980 the         Government of the First Republic extended an olive branch of peace as an         endeavour to show its unwavering commitment to reconciliation with the            erstwhile enemies as a way of fostering peace, tranquillity and lasting unity;

            DISTURBED that the imperialists and their surrogates deliberately sought to         undermine such noble gestures by Government and resorted to diabolic        strategies at the instigation of their paymasters and embarked on a smear campaign meant to vilify all noble efforts to achieve everlasting peace for the         First Republic and its generations to come;

            COGNISANT that the same forces of imperialism supported by their kith and       kin have always been at the forefront of the under develop campaign of our motherland and have shamelessly perpetrated the most heinous crimes ever on   the black majority since the inception of colonialism;

            CONDEMNING IN THE STRONGEST OF TERMS the unethical practice by     our former colonizers who decultured our people and portrayed our land as      that of uncivilized and poverty stricken tribesmen all in the quest to entrench their hegemony and to grab the land for their personal aggrandisement, with     no form of reparation to the dispossessed black majority, the rightful owners          of the land;

            NOTING WITH DISDAIN that more than four decades after the attainment of    our independence there are some die hard imperialists who still suffer from      nostalgia and dream of repossessing our land, our heritage, through spurious       and unfounded arguments that they deserve reparation from our Government             for the land that was rightfully repossessed and handed over to its owners, the       people of Zimbabwe,

            NOW, THEREFORE, in view of the foregoing,

  1. Calls upon our citizens to stand firm in solidarity and thwart any attempts by forces of imperialism to even raise in any for issues to do with any form of compensation to such misguided malcontents;
  2. Demand restitution from the countries that caused untold sufferings to the Black majority and unduly benefitted from the economic resources of our land;
  3. Demand reparation for each of the years that the country laboured under the bondage of colonialism; and
  4. Strongly condemn the imposition of sanctions on Zimbabwe for repossessing its land from imperialists

 

  1. Hon. B. Dube

Hon. Raidza

 

          [Days elapsed: 4]

That this House takes note of the Report of the Public Accounts Committee on the challenges faced by the Auditor General (S.C. 1, 2021)

 

  1. Hon Dr Nyashanu

Hon. Mushoriwa

                                                [Days elapsed: 4]

 

That the Motion on the Report of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Consolidated Budget Performance Reports for Ministry of Finance and Economic Development and Institutions under its purview which was superseded by the end of the Third Session of the 9th Parliament be restored on the Order Paper in terms of Standing Order No. 77.

 

  1. Hon Raidza

Hon Musikavanhu

            [Days elapsed: 4]

 

MINDFUL that the Independence of Zimbabwe was attained after exceptional and selfless sacrifices by our freedom fighters who waged the struggle for independence against all odds;

ALSO MINDFUL that some of the gallant sons and daughters of the soil lost their lives at the prime of their youthful years and have been buried in various unknown graves scattered all over the country in areas where they operated;

CONCERNED that more than forty years after independence some of our gallant heroes and heroines are still not yet decently interred as they continue to lie in some unknown graves where they were buried en masse by the oppressive colonial regime;

NOTING the urgent need to identify such graves wherever they exist so that the souls of our departed dear comrade can be finally laid in eternal peace,

NOW, THEREFORE, calls upon this House to

  1. Assist in disseminating information to the masses of this country which will lead to the identification of graves of our freedom fighters;
  2. Urge the Executive to set up Committees countrywide to ensure that no late freedom fighter fails to get a decent burial as this resonates extremely well with the selfless sacrifice they made to liberate this country; and
  3. Sensitize the public through Hon Members of this august House on the indelible footprints that tell the unforgettable history of this great Nation.

  1. Adjourned debate on motion on the need to curb gender-based violence- Adjourned 8th December 2021Hon Kwaramba)

                                                                                                                                                                                                                                                       [Day elapsed: 2]

                                               

That this House-

NOTING with concern that since the outbreak of COVID 19 there has been a sharp increase of gender-based violence (GBV) especially domestic violence in the country;

AWARE that Zimbabwe is a signatory of UN international and regional treaties and protocols against GBV, amongst them CEADW, SADC Protocol on Gender and Development;

ACKNOWLEDGING the United Nations Secretary-General’s UNiTE by 2030 to End Violence against Women campaign (UNiTE campaign) that calls for global actions to increase awareness, galvanize advocacy efforts, to end GBV;

Aware that this year’s theme for 16 Days of Activism against Gender-Based Violence, which will run from 25 November to 10 December 2021, is “Orange the world: End violence against women now!”

RECOGNIZING the efforts that the government has been taking to curb the scourge of GBV through policies and activities in provinces and districts;

WORRIED that if urgent measures are not taken to reduce the prevalence of GBV, there is real risk that GBV will be a real pandemic within the COVID 19 crisis;

NOW, THEREFORE, CALLS upon the Executive to do more to curb GBV among communities by, among others;

  1. deploying more GBV mobile services in districts and provinces; and
  2. building more safe houses - Hon Kwaramba

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Public Works, National Housing and Social Amenities on the Hatcliffe Extension Residents Association’s Petition on the lack of requisite infrastructural development, multiple billing and security of tenure. (S.C. 39, 2021- Adjourned 23rd November 2021- Mutambisi)

 

                                                                                                [Days elapsed: 6]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Local Government, Public Works, National Housing and Social Amenities on the Hatcliffe Extension Residents Association’s Petition on the lack of requisite infrastructural development, multiple billing and security of tenure. [S.C. 39, 2021] – Hon. Chikukwa

 

 

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

      Foreign Affairs and International Trade, on the Virtual Conference held with

     the Foreign Affairs Committee of the National People’s Republic of China

     (S.C.36, 2021- Adjourned 23rd November 2021Hon Mutambisi)

 

                                                                                               [Days elapsed: 6]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Foreign Affairs and International Trade, on the Virtual Conference held with the Foreign Affairs Committee of the National People’s Republic of China (S.C.36, 2021- Hon Shamu

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

Foreign Affairs and International Trade on the 2020 First, Second, Third and Fourth Quarter Budget Performance Reports for the Ministry of Foreign Affairs and International Trade (S.C. 37, 2021- Restored 17th November 2021- Hon. Shamu)

            [Days elapsed: 11] 

                                                                 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Foreign Affairs and International Trade on the 2020 First, Second, Third and Fourth Quarter Budget Performance Reports for the Ministry of Foreign Affairs and International Trade (S.C. 37, 2021- Hon. Shamu).

  1. Adjourned debate on motion on the First Report of the Portfolio Committee

     on Lands, Agriculture, Water, Fisheries and Rural Resettlement on the Case of

     the Elusive US 28.2 Million Distributed by the Reserve Bank of Zimbabwe to

     the Grain Millers Association of Zimbabwe (GMAZ) for Wheat Imports

     (Adjourned 4th November, 2021- Hon T. Moyo)

[Days elapsed: 12]

            Question proposed: That this House takes note of the Report of the Portfolio Committee on Lands, Agriculture, Water, Fisheries and Rural Resettlement on the Case of the Elusive US 28.2 Million Distributed by the Reserve Bank of Zimbabwe to the Grain Millers Association of Zimbabwe (GMAZ) for Wheat Imports [S.C. 2, 2021]- Hon. Wadyajena.

 

  1. Committee of Supply.

________________________________________________________________

 

WEDNESDAY, 16TH FEBRUARY 2022

 

QUESTIONS FOR ORAL ANSWERS

 

  • QUESTIONS WITHOUT NOTICE.

 

*    QUESTIONS WITH NOTICE.

*1.       Hon. Chinyanganya: To ask the Minister of Information, Media and       Broadcasting Services to inform the House when the Kadoma ZBC     transponder is going to be solar powered so that the transmission is not lost         when there are power outages.

[Deferred 3rd November 2021]

 

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

  1. Health Services Amendment Bill (H.B. 8, 2021) – The Vice President and Minister of Health and Child Care. (Referred 2nd November, 2021)

 

  1. Insurance Bill (H.B. 1, 2021)The Minister of Finance and Economic Development (Referred 18th November, 2021)

 

  1. Insurance and Pensions Commission Amendment Bill (H.B. 6, 2021) - The Minister of Finance and Economic Development Referred 18th November, 2021)

 

NOTICE OF AMENDMENTS

 

            Zimbabwe Independent Complaints Commission Bill, 2020 (H.B. 5, 2019)

 

Amendment of Clause 6

By the Minister of Justice, Legal and Parliamentary Affairs

 

In Clause 6(1) on page 4 of the Bill, delete paragraph (a)  on lines 15, 16 and 17 and substitute:¾

     “(a)   a Chairperson, being a person who is eligible for appointment as a High Court judge or is a sitting judge or former judge, appointed by the President (after consultation with the Judicial Service Commission) from a list of not fewer than seven nominees submitted by the Committee on Standing Rules and Orders of Parliament in terms of section 237(1) of the Constitution; and”.

 

 

                                                   AMENDMENT OF CLAUSE 13

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

In Clause 13 on page 7 of the Bill, insert after line 42 the following paragraph to sub-clause (2):-

“(c) where the action complained of is the subject of an internal disciplinary process

by the appropriate security service at the time the complaint is received by the

commission:

 

Provided that if the Commission is of the view, after consulting with the appropriate security service and taking into account any of its concerns, that the internal process in question has taken too long, then the Commission may fix a reasonable period within which such process must be concluded, in default of which the Commission may itself thereafter entertain the complaint.”

 

 

Guardianship of Minors Amendment Bill, 2021 (H.B. 7, 2021)

 

New clause substituted for clause 1

 

By the Minister of Justice, Legal and Parliamentary Affairs

Delete Clause 1 on page 1 of the Bill and substitute the following clause¾

1  Short title

This Act may be cited as the Guardianship of Minors Amendment Act, 2021.”.

amendment of clause 3

By the Minister of Justice, Legal and Parliamentary Affairs

In Clause 3 on page 2 of the Bill delete the words “man and wife” in lines 7 and 8 and substitute “husband and wife”.

New clause substituted for clause 5

By the Minister of Justice, Legal and Parliamentary Affairs

Delete Clause 5 on page 2 of the Bill and substitute the following clause¾

 

5 Amendment of section 5 of Cap. 5: 08

Section 5 (“Special provisions relating to custody of minors”) is amended—

       (a)   in subsection (1) by the deletion of “the mother” and the substitution of “either of the parents”;

       (b)   in subsection (2) and the substitution of—

“(2) Where—

                 (a)   the parent of a minor (“the custodial parent”) has the sole custody of that minor in terms of subsection (1); and

(b)   the other parent or some other person removes the minor from the custody of the custodial parent or otherwise denies the custodial parent the custody of that minor;

the custodial parent may apply to a juvenile court for an order declaring that he or she has the sole custody of that minor in terms of subsection (1) and, upon such application, the juvenile court may make an order declaring that the custodial parent has the sole custody of that minor and, if necessary, directing the other parent or, as the case may be, the other person to return that minor to the custody of the custodial parent.”

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