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NATIONAL ASSEMBLY VOTES 10 SEPTEMBER 2020 NO 64

ADVANCE COPY- UNCORRECTED

No. 64

 

 

PARLIAMENT

  

OF 

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY

_________________

 

SECOND SESSION – NINTH PARLIAMENT

 

_________________

 

THURSDAY, 10TH SEPTEMBER, 2020

The Deputy Speaker in the Chair

 

PRAYERS

 

Members Present

 

_________________  

Quarter past two o’clock p.m.

Bhuda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

Chidakwa J.,  Chidamba S.,  Chiduwa C.

Chikomba L.,

Chikombo W.,

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,  Chikwama B.,

Chingosho C. P.

Chinotimba J.,

Chipato A,

Chitura L,

Chiyangwa P,

Dinar K,

Dube G,

Dube M.,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gwanongodza E.,

Houghton J. R,

 

Jaja J.,

Kabozo S.,

Kachepa N.,

Kankuni W,

Karenyi L.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Kazembe K.,

Kureva E.,  Kwaramba G.,  Labode M. R.

Machingauta C.

Madhuku J,

Madzimure W.,

Madziva S.,

Mago N,

Mahlangu S,

Makoni R R,

Makonya J,

Mangora B.,

Marikisi N.,

Maronge C.,  Masango C. P.,  Mashakada T.

Mataranyika D. M.,

Mataruse P.,

Matewu C.,

Matsikenyere N.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhere E.,

Mhona F T,

Mkandla M.,

Mkaratigwa E.,

Mliswa T P

Molokela-Tsiye F D,

Moyo C.,

Moyo R.,

Moyo T.,

Mpofu A.,

Mpofu M. M.,

Muchimwe P T,

Mukuhlani T.,

Munetsi J.,

Muponora N.,

Murai E,

Murambiwa O,

Musakwa E,

Musanhi K. S,

Mushoriwa E.,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

Ncube E.,

Ncube Ophar,

Ndebele A.,

Ndiweni D.,

Ngwenya S.,

Nhambo F.,

Nkani A.,

2

Nkomo M,

Nyabani T,

Nyashanu M. Dr, Nyabote R.

Nyati Esther

Nyathi R. R,

Nyere C.,

Nyokanhete J,

Nyoni I,

Omar Joosbi,

Paradza J,

Paradza K.,

Phulu K. I.,

Porusingazi E.,

Raidza M.,

Rungani A,  Sacco J. K.,  Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sanyatwe C.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

Sibanda D P,

Sibanda D. S.,

Sithole James,

Sithole Josiah,

2

 

 

Sithole S,

Svuure D,

Tarusenga U D,

Tekeshe D.,

Togarepi P.,

Tongofa M.,

Tsuura N.,

 

 

  Tungamirai T.,

 

Watson N J,

 

Zemura L,

 

Zhou P,

 

Zhou T,

 

Ziyambi ,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

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

 

 

    Absent with leave

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That

Standing Orders Nos. 52, 142, 143 and 146 regarding the automatic adjournment of the House at five minutes to seven o’clock pm on sitting days other than a Friday, and at twenty-five minutes past one o’clock pm n a Friday, referral of Bills to Portfolio

Committees, Procedure in connection with the Parliamentary Legal Committee and Stages of Bills, respectively, be suspended with effect from today and for the next series of sitting in respect of Government Business.

 

Motion put and agreed to.

 

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

 

Date received

 

Finance Bill 2020 (H. B. 4, 2020) ……………………………………10th September 2020

 

Second Reading - forthwith.

 

  1. SECOND READING: Finance Bill 2020 (H. B. 4, 2020) – The Minister of Finance and Economic Development. 

 

Bill read a second time.

 

Committee – forthwith.

 

  1. COMMITTEE: Finance Bill 2020 (H. B. 4, 2020) – The Minister of Finance and Economic Development.

 

(House in Committee)

Clauses 1 and 2, put and agreed to.

 

On clause 3, the Minister of Finance and Economic Development, moved:

 

On page 4 of the Bill, in clause 3, delete the proviso to paragraph (2) (a1) of section 14(2) and              substitute the following—

“Provided that where a person earns any part of his or her taxable income from

employment in a foreign currency, there shall be substituted for the figures referred to in subparagraphs (i) to (vii) the following figures—

  1. in subparagraph (i), “three hundred and fifty United States dollars”;
  2. in subparagraph (ii), “three hundred and fifty-one United States dollars” and

“one thousand five hundred United States dollars” respectively;

  1. in subparagraph (iii), “one thousand five hundred and one United States

dollars United States dollars”” and “five thousand United States dollars” respectively;

  1. in subparagraph (iv), “five thousand and one United States dollars” and

“ten thousand United States dollars” respectively;

  1. in subparagraph (v), “ten thousand and one United States dollars” and

“fifteen thousand United States dollars” respectively;

  1. in subparagraph (vi), “fifteen thousand and one United States dollars”;

(and, if such income is denominated in a foreign currency other than the United States dollar, the equivalent amount in United States dollars shall be calculated, being an amount obtained by applying the international cross rate of exchange of that currency for the United States dollar prevailing on the day the income is received or accrued);”.

 

Amendment put and agreed to.

 

Clause 3, as amended, put and agree to.

 

 

On clause 4, the Minister of Finance and Economic Development, moved:

 

On page 5 of the Bill, in clause 4, delete the second inserted table headed “Taxable income from         employment in foreign currency” and substitute the following—  

                                 Taxable income from employment in foreign currency

              

Section                                    Level of taxable income

 

Specified percentag

e

%

14(2)(a1)(i)      Up to US$ 350 .................................................................. 0
14(2)(a1)(ii)      US$$ 351 to US$1 500 .................................................... 20
14(2)(a1)(iii)   US$3 1 501  to US$5 000 ................................................ 25
14(2)(a1)(iv)     US$1 501 to US$10 000 .................................................. 30
14(2)(a1)(v)      US$10 001 to US$15 000 ................................................ 35
14(2)(a1)(vii) US$15 001 and more ........................................................

 

   40”.

 

Amendment put and agreed to.

 

Clause 4, as amended, put and agreed to.

 

Clauses 5 - 17, put and agreed to.

 

New Part and Clause inserted after Clause 17, the Minister of Finance and     Economic Development, moved:

 

 

On page 4 of the Bill, insert after clause 3 ending on line 17 the following clauses (the subsequent clauses to be renumbered accordingly)

PART V

COMPANIES AND OTHER BUSINESS ENTITIES

18       Amendment of Cap. 24:31

The Companies and Other Business Entities Act [Chapter 24:31] (No. 4 of 2019) is amended—

  • in section 303 (“Repeals, re-registration of companies and PBCs, general transitional provisions

and savings”) —

  • in subsection (8) by the deletion of “Subject to subsection (9)” and the substitution of “Subject to subsections (9) and (23)”;
  • in subsection (8) by the deletion of “A company or private business corporation referred to in subsection (8), must within a period of twelve months from the effective date” and the substitution of “A company or private business corporation referred to in subsection (8), but not one referred to in subsection (23), must no later than the 13th February,

2023,”;

  • by the insertion of the following subsection after subsection (22) —

“(23)  The following provisions apply to every company or private business corporation listed in Schedule 1 to the Global Compensation Deed agreed between and signed on the 29th July, 2020 on behalf of the Republic of Zimbabwe, the Commercial Farmers Union of Zimbabwe, the Southern African Commercial Farmers AllianceZimbabwe and the Valuation Consortium (Private) Limited, in respect of the compensation for improvements on agricultural land compulsorily acquired for resettlement purposes—

  • subsection (8) applies to such company or private business corporation; and
  • such company or private business corporation is not required to re-register in terms of subsection (9) but shall be deemed to be registered without interruption of registration and without payment of any fee or the rendering of any statutory or other return in terms of this Act for a period of six (6) years from the date of signing of the Global Compensation Deed; and
  • if any such company or private business corporation has been struck off the registers of the Companies Office under this Act or the registers of its predecessor office under a repealed law, such company or private business corporation is hereby deemed not to have been so struck off; and
  • if the registration of any such company or incorporation of any such private business corporation had, before the date of signing of the Global Compensation Deed, lapsed for any reason, the registration of such company or the incorporation of such private business corporation is hereby deemed not to have so lapsed.”,
  • in the Tenth Schedule (“Form for Re-Registration of Companies and PBCs”) —
    • by the deletion of paragraph 1 of the Form and the substitution of—

“1. According to section 303(9) of the new Companies and Other Business Entities

Act [Chapter 24:31] (No. 4 of 2019), every existing Company registered under the repealed Companies Act and every PBC incorporated under the repealed Private Business Corporations Act must re-register no later than the 13th February, 2023.  The effect of failing to re-register is that the company or PBC concerned will be struck off from the appropriate register with effect from that date, and will no longer be able to carry on business as a company or PBC unless a new company is registered or a new PBC is incorporated under the new Act after that date.”;

(i) by the deletion of paragraph 3 of the Form and the substitution of—

“3. Together with this form a fee of ten United States dollars (or its equivalent in Zimbabwe dollars on the date of submission of this form) must be paid, which will also cover the fee for the annual return referred to in paragraph 6.”

 

Amendment put and agreed to.

 

New Part and Clause inserted after Clause 17, put and agreed to.

 

Bill to be reported with amendments.

 

(House resumed)

 

  Bill reported with amendments – Referred to the Parliamentary Legal Committee.

 

  1.  The Minister of Justice, Legal and Parliamentary Affairs moved: THAT WHEREAS

Section 327 (2) (a) of the Constitution of Zimbabwe provides that any

Convention, Treaty or Agreement acceded to, concluded or executed by or under the    authority of the President with one or more foreign states or governments or international         organisations shall be subject to approval by Parliament.

 

WHEREAS the Memorandum of Understanding (MoU) on the Harmonization of Seed             Regulatory Framework in the Southern Africa Development Community (SADC) was

adopted to address regional seed insecurity through integrating smaller and national seed            markets into one large SADC seed market.

 

WHEREAS the Republic of Zimbabwe is desirous of acceding to the regulatory           framework.

 

AND WHEREAS in accordance with Article 13 of the MoU, the MoU shall enter into force

30 days after signature by two thirds of Member States and in terms of article 14 of the

MoU, the MoU shall remain open for accession by any Members State and;

 

MOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe, this         House resolves that the aforesaid Memorandum of Understanding is hereby approved for          accession.

 

Motion put and agreed to.

 

 

 

  1. The Minister of Justice, Legal and Parliamentary affairs, moved: That Orders of the Day Nos. 2 to 44, for today, stand over, until Order of the Day No. 45 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion on the Report of the 63rd Commission on the Status of Women on Social Protection Systems, Access to Public Services and Sustainable Infrastructure for Gender Equality and Empowerment of Women and Girls, (Adjourned 23rd June, 2020- Kwaramba)

 

[Days elapsed: 16]

 

Question again proposed: That this House takes note of the Report of the 63rd

Commission on the Status of Women on Social Protection Systems, Access to Public              Services and Sustainable Infrastructure for Gender Equality and Empowerment of Women             and Girls, held from 11th to 22nd March 2019, in New York, United States of America –                Hon Kwaramba

 

           Motion put and agreed to.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That the House reverts to Order of the Day No. 2.

 

Motion put and agreed to.

 

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

 

Motion, with leave, withdrawn.

 

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

 

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until Tuesday, 22nd September, 2020.

 

 

(Business suspended at 1640 hrs)

 

(Business resumed at 1654 hrs)

 

  1. Report from the Parliamentary Legal Committee NOT being an adverse report on the following Bill:

Date received

 

Finance Bill 2020 (H. B. 4A, 2020) ……………………….10th September, 2020.

 

 

Consideration – forthwith.

 

  1. CONSIDERATION: Finance Bill 2020 (H. B. 4A, 2020), as amended – The Minister of Finance and Economic Development 

 

Amendments in Clauses 3, 4, and New Part inserted after Clause 17, put and adopted.

 

Third reading, forthwith.

 

Bill read a third time.

 

  1. Bill Transmitted to the Senate-

 

Date transmitted

 

Finance Bill 2020 (H. B. 4A, 2020)……………..…………………… 10th September, 2020.

. 

 

.    14. On the motion of the Minister of Finance and Economic Development: The House          adjourned at one minute past five o’clock pm, until Tuesday, 22nd September, 2020 at a          quarter past two o’clock in the afternoon.

 

 

 

 

HON. T. GEZI,                                                                                       Deputy Speaker.

 

     

                                             TUESDAY, 22ND SEPTEMBER, 2020

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

  1. COMMITTEE: Zimbabwe Media Commission Bill (H.B. 8, 2019) – The Minister of Information, Publicity and Broadcasting Services.

 

                                    (See Notice of Amendments)

 

 

  1. SECOND READING: Forest Amendment Bill (H.B. 19, 2019)-The Minister of           Environment, Climate, Tourism and Hospitality Industry.

 

 

  1. SECOND READING: Financial Adjustments Bill [(H.B. 19, 2019) – The Minister of Finance           and Economic Development.

 

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

 

 

  1. Adjourned debate on motion on the SECOND READING of the Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23, 2019) – (Adjourned 9th July, 2020- The Minister of Justice, Legal and Parliamentary Affairs).

 

[Days elapsed 12]

 

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.

 

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

 

[Day elapsed: 4]

 

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

 

 

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

 

[Day elapsed: 4]

 

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

 

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

[Day elapsed:1]

 

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

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

 

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

 

[Time elapsed: 2 hours 4 minutes]

 

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

 

May it please you, your Excellency the President:

 

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

 

 

 10.  HON. MOLEKELE-TSIYE           HON L. MAPHOSA

 

That this House takes note of the Report of the Portfolio Committee on Higher and Tertiary

Education, Science and Technology Development on the operations of Verify Engineering, Mkwasine [S.C. 1, 2020]

 

11.       HON MAVENYENGWA            HON TOGAREPI

 

That this House takes note of the Report of the Zimbabwean Delegation to the          141stAssembly of the Inter-Parliamentary Union held in Belgrade, Serbia, from         13th-17th October 2019.

 

12.     HON. TOFFA          HON. TONGOFA

 

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

 

13. HON KWARAMBA        HON. DR. LABODE

 

That this House takes note of the Report of the Delegation to the Summit of the

International Conference on Population and Development held in Nairobi, Kenya from 12th to 14th November 2019.

 

14. HON. MADIWA            HON. TOGAREPI

 

       That this House takes note of the Report of the Zimbabwean Delegation to the Fourth

Interregional, Seminar on the Parliamentary Capacity Building and Achievements of the          SDGs for Parliaments of Developing Countries, Beijing, China from 11th-19th June

2019.

 

 

        15.      HON. CHOMBO

HON. LABODE DR.

 

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

 

16.    HON K. PARADZA         HON MAYIHLOME

 

That this House;

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

 

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

 

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

 

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

 

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

 

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

 

NOW, THEREFORE, resolves to recommend:

  • 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;

 

  • That the Executive immediately takes steps to accede to and domesticate the 1961 Convention on Reduction of Statelessness, the 1990 Convention on the Protection of the Rights of all migrant workers and Members of their families and the 1957 Convention on the Nationality for all and ending statelessness by 2024;

 

  • 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;

 

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

 

  • Urge the Executive to use Zimbabwe’s Chairpersonship of SADC PF to champion issues of ending Statelessness within the region.

 

 

  1. HON MPARIWA

           HON D. SIBANDA

That this House:

 

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

 

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

 

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

 

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

 

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

 

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

 

NOW THEREFORE;

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

 

18.   HON NDIWENI           HON TOGAREPI

 

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

 

  1. HON CHIDAKWA  J.

                 HON MADZIMURE

 

That this House:

 

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

 

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

 

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

 

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

 

NOW THEREFORE CALLS UPON, this House to;

 

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

 

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

20. HON.  MLISWA                HON. MISIHAIRABWI-MUSHONGA

 

That this House:

 

RECOGNISING that Members of Parliament, with the exception of Independent

candidates, are elected to Parliament on a political party ticket

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21. HON MADHUKU          HON S. SITHOLE

 

That this House;

 

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

 

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

 

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

 

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

 

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

 

22.       HON. KWARAMBA               HON. BHUDA-MASARA

 

That this House;

 

COGNISANT that the Republic of Zimbabwe is signatory to the Beijing +25 Declaration, the Convention on the Elimination of All forms of Discrimination Against Women

(CEDAW), the SADC Protocol on Gender and Development and the Sustainable

Development Goals (SDGs);

 

RECOGNISING that Sections 17, 56, 79 and 80 of the Constitution of Zimbabwe provide for gender equity;

 

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

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

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

 

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

 

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

 

NOW THEREFORE in line with the Beijing+ 25 declaration;

 

  1. Government to create an enabling environment for teenagers to access reproductive health services;

 

  1. Government to increase funding for the Ministries implementing the Beijing +25 Critical Areas;

 

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

 

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

 

23. HON MAVETERA           HON TSVANGIRAYI

 

That this House:

 

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

 

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

 

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

 

NOW, THEREFORE, calls upon the responsible Ministry to:

 

  1. come up with legislation that allocate at least twenty-five percent of decisionmaking positions to the youth by the 31st December, 2022;
  2. embark on programmes that economically empower the youths by 31st

December, 2022; and

  1. ensure that such measures and programmes embarked on are all inclusive, nonpartisan and reflective of the national character of our country.

24. HON J. CHIDHAKWA        HON MUSHORIWA

 

That this House;

 

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

 

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

 

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

 

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

 

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

 

NOW THEREFORE; calls upon Government:

 

 

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

 

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

 

 

25.    HON. MUSHAYI           HON. GONESE

 

That this House:

 

AWARE that Zimbabwe ratified several international instruments promoting breast-feeding, including; the International Labour Organisation (ILO)Maternity Protection Convention No. 183 of 2000, ILO Recommendation No. 191, the Innocenti Declaration of 1990 and Baby Friendly Hospital Initiative of 1991;

 

ENCOURAGED by the initiatives made by the Government to domesticate these international instruments through Section 65 (7) of the Constitution, the Labour Act [Chapter 28:01], Public Health Act [Chapter 15:17], Statutory Instrument 1/2000 Public Service Regulations, Infant and Young Child Feeding Policy and the Food and Nutrition Security Policy;

 

COGNISANT of the nutritional benefits of breast feeding to the healthy development of infants and positive impact on the socio-economic development of our country;

 

CONCERNED that a majority of employed women continue to experience challenges in their workplaces which impede them from achieving positive breast-feeding outcomes including; incomprehensive maternity leave policies, lack of facilities to express and refrigerate breast milk or nurse their babies in privacy and child care facilities at or near their workplaces, amongst others;

 

ALSO CONCERNED that a great number of employed women discard milk in toilets when their breasts become engorged during working hours, while some are forced to wean their babies before they attain two years of age as recommended by the World Health Organisation (WHO), thereby exposing them to attacks by diseases and malnutrition;

 

NOW THEREFORE, calls upon:

 

  1. The Ministry of Public Service, Labour and Social Welfare to present a bill to Parliament

by 31st December 2020:

  1. aligning the Labour Relations Act [Chapter 28:01] to the Constitution, in particular the removal of the qualifying period of one year of employment for female employees in        order for them to enjoy the right to paid maternity leave, thereby afford all women         adequate time for breastfeeding; and
  2. providing for the mandatory establishment of lactation rooms and child care facilities in all workplaces so as to ensure that both women employed in the formal and             informal sectors successfully practice optimal breastfeeding, amongst other support             systems and policies to enable working mothers to breastfeed;

 

  1. Parliament to establish a lactation room in the Parliament Building for the sole purpose of

breastfeeding, expressing or storing milk by nursing mothers who maybe Honourable            Members or Officers of Parliament by 31st December 2020.

 

26.       HON. JOSIAH SITHOLE               HON. E. NCUBE

 

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

 

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

 

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

 

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

 

NOW THEREFORE, calls upon:

 

  1. the government to craft all-inclusive development policies which cater for the needs of

persons with disability, amongst other groups;

  1. the Ministry of Public Service Labour and Social Welfare and Ministry of Primary and Secondary Education to urgently provide specific grants and e-learning packages for                 persons with disabilities respectively by 31st July, 2020; and
  2. the Ministry of Public Service, Labour and Social Welfare to present a bill to       Parliament which aligns the Disabled Persons Act [Chapter 17:01] to the Constitution          and domesticates the United Nations Convention on the Rights of Persons with                              Disabilities by 31st December 2020.

 

27.     HON. JOSIAH SITHOLE                HON. MUTAMBISI

 

That this House:

 

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

 

Applauding the Government of Zimbabwe for establishing the Basic Education

Assistance Module (BEAM) Programme in 2001 as a key component of the Enhanced Social Protection Programme (ESPP);

 

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

 

Disturbed that the Zimbabwe Vulnerability Assessment Report (2019) revealed that an average of 61 percent of children were turned away from school in 2019 due to nonpayment 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:

 

  1. Ministry of Public Service, Labour and Social Welfare to conduct awareness campaigns on the BEAM Manual targeting Community Selection Committees;
  2. 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
  3. 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.

 

  1. HON MLISWA

            HON MISIHARIRABWI-MUSHONGA

 

That this House expresses its profound sorrow on the sudden and untimely death on

Tuesday, 28th July 2020 of the Honourable Member of Parliament for Kwekwe Central Constituency, Hon. Masango Matambanadzo;

 

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

 

Resolves that its deepest sympathy be conveyed to Mrs Matambanadzo and family, as well as the Kwekwe Central Constituency members.

 

  1. HON MLISWA

              HON MISIHAIRABWI-MUSHONGA

 

That this House;

 

Expresses its profound sorrow on the sudden and untimely death on Wednesday, 29th July

2020 of the Honourable Senator, Member of Parliament for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri;

 

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

 

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

 

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

 

[Days elapsed: 5]

 

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

 

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Industry and Commerce on the Petition by Associations of the Sugarcane Farmers (Adjourned 16th July, 2020 – Togarepi)

 

[Days elapsed: 6]

 

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

 

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

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

 

[Days elapsed: 12]

 

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

 

  1. Adjourned debate on motion on the Report of the delegation to the 75th Session of the Executive Committee and the 42nd Conference of the African Parliamentary

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

 

[Days elapsed: 13]

 

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

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

(APU) – Hon. T. Zhou

 

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

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

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

[Days elapsed: 11]

 

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

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

 

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

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

Leavers Network Trust on the Violation of Rights of Young Adults upon discharge from           Residential Child Care Facilities (Adjourned 14th July, 2020 – Hon. E. Ncube)

 

 

[Days elapsed: 11]

 

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

 

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

[Days elapsed: 10]

 

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

 

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

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

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

 

[Days elapsed: 15]

 

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

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

Assembly – Hon. P. Moyo

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Familiarisation tour to Zimbabwe’s border posts (Adjourned 24th June, 2020 – Togarepi)

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Familiarisation tour to Zimbabwe’s border posts from 3rd to 6th June 2019 and 7th to 11th July 2019. (S.C. 26, 2019) – Hon. Mhona

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Primary and Secondary Education on Schools Opening in light of COVID 19 Pandemic (Adjourned

4th   June, 2020 – Hon. Mutambisi)

 

 

[Days elapsed: 21]

 

 Question proposed: That this House adopts the Report of the Portfolio Committee on

 Primary and Secondary Education on Schools Opening in light of COVID 10 Pandemic   (S. C. 6, 2020)- Hon. Misihairabwi-Mushonga

 

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Zimbabwe Elections Support Network’s Petition to

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

 

 

[Days elapsed: 15]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Zimbabwe Elections Support

Network’s Petition to Parliament on Electoral Reforms. (S.C. 29, 2019)-Hon Mataranyika.

 

 

  1. Adjourned debate on motion on the Report on the Re-engagement visit to the United

Kingdom of Sweden by a Parliamentary Delegation led by the Hon. Advocate J. F.     Mudenda from 9th to 10th September 2019.  (Adjourned 23rd June, 2020Hon K.

         Paradza)

 

[Days elapsed: 17]

 

Question proposed: That this House takes note of the Report on the Re-engagement visit to  the United Kingdom of Sweden by a Parliamentary Delegation led by the Hon. Advocate J.  F. Mudenda from 9th to 10th September 2019 - Hon K. Paradza.

 

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

Affairs, Community, Small and Medium Enterprises Development on Fact Finding Visits to

Selected District Office and Women Empowerment Projects (Adjourned 23rd June 2020 –

Hon Madiwa)

 

[Days elapsed: 17]

 

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

Women Affairs, Community, Small and Medium Enterprises Development on Fact Finding

Visits to  Selected District Office and Women Empowerment Projects in Mashonaland  East, Manicaland, Masvingo and Matabeleland South (S. C. 14, 2019) - Hon Madiwa

 

 

  1. Adjourned debate on motion on the Report on the 74th Session of the Executive    Committee of the African Parliamentary Union (APU) (Adjourned 23rd June 2020- Hon   Zhou)

 

[Days elapsed: 17]

 

Question proposed: That this House takes note of the Report on the 74th Session of the

Executive Committee of the African Parliamentary Union (APU) held from 13th – 14th

June 2019 in Bangui, Central African Republic – Hon T. Zhou   

 

  1. Adjourned debate on motion on the motion that this House adopts the Third Report of the Public Accounts Committee on the Benchmarking Visit to the Parliament of Zambia by a Delegation of the Committee, (S. C. 17, 2019).

(Adjourned 8th September, 2020 – Hon. Mpariwa))

 

[Days elapsed: 3]

 

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

 

  1. Adjourned debate on motion on the Report of the Liaison and Coordination Committee Annual Report for the First Session (Adjourned 8th September, 2020 – Togarepi)

 

[Days elapsed: 3]

 

Question proposed: That this House takes note of the Report of the Liaison and

Coordination Committee Annual Report for the First Session of the Ninth Parliament – Hon. Togarepi 

 

        46.    COMMITTEE OF SUPPLY

 

 

WEDNESDAY, 23RD SEPTEMBER 2020

 

QUESTIONS FOR ORAL ANSWERS

 

 

QUESTIONS WITHOUT NOTICE
*

 

QUESTIONS WITH NOTICE
*1. HON. DR. NYASHANU: To ask the Minister of Transport and Infrastructural Development  to explain to the House when the Murambinda-Birchenough Road surfacing will  commence.  

[Deferred from 8th July, 2020]

 

*2. Hon. Sithole J: To ask the Minister of Transport and Infrastructural Development when
  the surfacing of the Matsvange-Mashoko and Chikuku-Makuvaza Roads in Bikita
  South Constituency will commence.

[Deferred from 8th July, 2020]

*3. Hon. Sithole J: To ask the Minister of Transport and Infrastructural Development to
  inform the House when the bridge across Tugwi River which links up the resettlement

areas in Ward 26, Save Valley Conservancy, Ward 3 and Mashoko Hospital will be repaired.

 

[Deferred from 8th July, 2020]

 

 

*4.  HON. MARONGE: To ask the Minister of Transport and Infrastructural Development to               inform the House when the Rupike-Nyamande-Nyikavanhu Road in Masvingo South

Constituency will be regravelled.

[Deferred from 2nd September, 2020]

 

 

 
*5. HON. B. DUBE: To ask the Minister of National Housing and Social Amenities to:

a)    Explain to the House why the Ministry is imposing rental charges on beneficiaries of the Hlalanikuhle Mutapa Housing Scheme in Gweru Town considering that the government offered them undeveloped stands or partially built houses;

 

b)   Inform the House when the Ministry will audit the Housing Scheme as there are allegations that fifty percent of the Houses are occupied by residents who are not the intended beneficiaries; and

 

c)    Inform the House when the Ministry will issue ownership documents to beneficiaries considering that the government has been promising to do so since 2008.

[Deferred from 12th February, 2020]

 

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

 

[Deferred from 12th February, 2020]

*7     HON. RAIDZA: To ask the Minister of Youth, Sport, Arts and Recreation to inform the House when is the Ministry going to develop sports and recreational facilities in Mberengwa East Constituency.

 

 

[Deferred from 27th May, 2020]

 

*8.

 

HON. M. NKOMO:  To ask the Minister of Youth Sport Arts and Recreation to inform the House on the Ministry’s plans to open a new branch for the Empowerment Bank in Matabeleland North’s provincial capital of Lupane so as to cater for the needs of the youth in the province.

[Deferred from 12th February, 2020] 

*9.

 

 

 

HON. E. MASUKU: To ask the Minister of Youth, Art, Sports and Recreation to explain to the House the strategies that are being implemented by the Ministry to alleviate the plight of youths under the prevailing conditions of the Covid 19 pandemic.

[Deferred from 8th July, 2020]

*10.

 

 

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

[Deferred from 27th May, 2020]

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

 

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

[Deferred from 27th May, 2020]

 

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

 

settlements in areas earmarked for reforestation.

[Deferred from 8th July, 2020]

 

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

 

Covid 19 pandemic.

[Deferred from 8th July, 2020]

 

*14.

 

 

HON. MUKAPIKO: To ask the Minister of Industry and Commerce to inform the House when Zimcoke will official open.

                                              [Deferred from 27th May, 2020]

*15.

 

 

HON. MUKAPIKO: To ask the Minister of Industry and Commerce to update the House on the progress made on opening of ZISCO steel and its subsidiary companies like Lancashire steel.

[Deferred from 27th May, 2020]

*16.

 

 

 

HON. RAIDZA: To ask the Minister of Industry and Commerce to inform the House the progress made in resuscitating Buchwa Iron Mining Company (BIMCO), a division of ZISCO Steel in Mberengwa East Constituency.

[Deferred from 27th May, 2020]

*17.  HON. MARONGE: To ask the Minister of Local Government and Public Works to inform
  the House when the Zimbabwe United Passengers Company (ZUPCO) buses will be
  allocated to ply areas with dusty feeder roads such as Nyajena in Masvingo South
  Constituency.

[Deferred from 2nd September, 2020]

 

*18.  HON. MARONGE: To ask the Minister of Local Government and Public Works to inform
  the House when access roads in in Masvingo South Constituency will be graded
  considering that the roads are in a state of dilapidation since this rehabilitation exercise
  was last done 3 years ago.

[Deferred from 2nd September, 2020]

 

 

*19.   HON. MARONGE: To ask the Minister of Public Service, Labour and Social Welfare to  explain to the House measures being taken by the Ministry to expedite the Food Deficit  Mitigation Programme in view of the fact that vulnerable persons in some parts of  Masvingo South Constituency such as Wards 24, 26 and 28 have not received maize for              the past months.

[Deferred from 2nd September, 2020]

 

 

 

NOTICE OF AMENDMENTS

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

INSERTION OF NEW PART V (MEDIA FUND)

BY THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES on page 12 of the Bill, after Pan IV ("FINANCIAL PROVISIONS"), the following pan, and

renumber accordingly—

(2)       'PART V

MEDIA FUND

21 Establishment and vesting of Media Fund

(l) There is hereby established a fund to be known as the Media Fund.

  • Subject to this Part, the Fund shall be vested in and administered by the Commission as trustee.
  • Not more than thirty per centum (30 %) of the moneys of the Fund in any financial year, shall be spent on administrative purposes connected with the objects of the Fund.

22 Objects of Fund

The objects of the Fund shall be

  • capacity building of the media services in order to maintain high standards of quality in the Provision of media services; and
  • to assist in the training of persons in the provision of media services; and
  • to promote and contribute towards research and development in the field of media services;
  • to promote public awareness on the right of access to information and protection of privacy;

23 Moneys of Fund

The Fund shall consist of—

  • such moneys as may be raised by levies imposed in terms of section 24;
  • such moneys as may be payable to the Fund from moneys appropriated by an Act of Parliament for the purpose of the Fund; and
  • any surplus of income over expenditure at the end of the Commission's financial year appropriated in terms of paragraph (b);
  • any other moneys to which the Fund may be lawfully entitled.

24 Levies

(l) Every mass media owner shall pay the prescribed annual levy to the Fund.

  • The dates on which the levies to the Fund become payable and the manner in which they shall be paid shall be as prescribed.
  • Where any mass media owner fails to pay the whole or any part of a levy within seven days after the date when it is due to the Fund, the owner shall be liable to pay to the Fund an amount equivalent to double the levy due.
  • The Commission may, by action in a competent court, recover the amount of a levy or penalty payable in terms of this section.

25 Holding of Fund

(l) The Fund must be administered by the Commission.

(2) All moneys received on behalf of the Fund shall be paid into a banking account and no money shall be withdrawn therefrom except by means of cheques signed by such persons as are authorised in that behalf by the Commission.

(2) Any part of the Fund not immediately required for the purposes of the Fund may be invested in such manner as the Commissions after consultation with the Minister may determine:

Provided that such moneys shall not be invested directly in any securities issued by a mass media service company.

  • Financial year of Fund

The financial year of the Fund shall be the period of twelve months ending on the 3 1 st December in each year.

  • Accounts and audit of Fund

(l) The Commission shall cause proper books of accounts of the Fund to be kept, together with adequate financial and other records in relation thereto, and, within three months after the end of the financial year to which the accounts relate, shall submit the accounts to the Comptroller and Auditor General for audit in terms of subsection (2).

(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General, who shall have all the powers conferred upon him by section 9 of the Audit and Exchequer Act [Chapter 22:03] as though the assets of the Fund were public moneys or State property.

INSERTION OF NEW CLAUSE 28 (CONDITIONS UNDER WHICH COMMISSION MAY

ALLOW SELF -REGULATION OF MEDIA PRACTITIONERS WITH RESPECT TO

COMPLAINTS AGAINST THEM)

(5)      BY THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES

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

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

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

"adjudicator" means a single adjudicator or group of adjudicators, including a group of adjudicators acting on behalf of a combination of associations, or a combination of media

practitioners of different media professions or specialisms referred in the definition of "association'

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

members of the public

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

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

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

  • Any association of media practitioners may, for the purposes of this section—
    • constitute themselves as an association to protect their collective interests (whether in the form of a trust, common law association or company limited by guarantee)
    • lodge, together with the prescribed fee, if any, with the Commission
      • an authenticated copy the constitutive document of their association signed by the persons authorised by the association to be the promoters or steering committee of the association; and
      • if the code of ethics of the members of the association is not an integral part of the constitutive document of the association, lodge together with the constitutive document a comprehensive code of ethics governing the conduct of the members of the association.

(4) If the Commission is satisfied that the constitutive document contains adequate provisions for the following matters, the Commission shall recognise the association by publishing (with the

approval of the Minister) their constitutive document and (if separate) code of ethics by statutory instrument in the Gazette made under the authority of the Commission

  • the hearing, processing. arbitration or adjudication of complaints made against any of their members by any another member or by members of the public; and
  • the hearing, processing, arbitration or adjudication must be conducted on a parttime, casual or full-time basis by at one or more neutral (that is to say, non-member) persons ("adjudicators"") who is or are qualified as follows—
    • he or she must have practised for not less than five years in Zimbabwe as a legal practitioner; or
    • he or she must have been a judge of a court of inherent jurisdiction in

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

  • he or she must be a media practitioner having qualifications, training or experience in arbitration or alternative dispute resolution which in the opinion of the Commission is adequate; and
  • the manner in which complaints shall be lodged with the association and their presentation before the adjudicator or adjudicators within a reasonable time; and (d) the manner of the adjudication, which shall have the following features
    • the adjudication may be conducted on the basis of either or both a hearing of the parties, or the submission of written representations in the form of affidavits by both, together with any affidavits by witnesses, if any;
    • if a hearing is held each party may be legally represented but each must bear the cost of his or own legal representation;
    • the adjudicator or adjudicators must be paid from the association's funds, with only a reasonable fee to be charged to the complainant for the lodging and processing of the complaint (and if the complainant wins his/her case the adjudicator(s) may require the respondent to reimburse the fee to the complainant); and
    • the expeditious processing of the complaint by the adjudicator(s) within a specified time-frame and the due notification of the adjudicator(s)' decision in written and final form to both parties; and
    • if the adjudicator(s) finds that the complaint is justified in whole or in part, provision must be made for at least one or any combination of the following sanctions— A. a written reprimand of the respondent media practitioner
      1. retraction and apology at the respondent's expense, which shall be afforded adequate prominence in the medium in which it appears
      2. the publication of a right of response at the respondent's expense
      3. a recommendation of the suspension or termination of the media practitioner's membership of the association and/or his or her professional disaccreditation;
      4. any other sanction permitted by the association's constitutive document or code of ethics;

(vi) after notification of the adjudicator's decision, no further provision for appeal may be made except to the Commission; and

  • provision for the amendment of the constitutive document of the association and the notification thereof to the Commission in a timeous fashion; and
  • provisions for the dissolution of association on notice to the Commission.
  • It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement:

Provided that two or more recognised associations may employ the services of the same adjudicator or set of adjudicators.

  • Upon any appeal from the decision or findings of an adjudicator of a recognised association under this section, the Commission shall have the following powers—
    • it may uphold the decision of the adjudicator award the costs of the appeal to the association; or
    • it may remit the decision or any finding to the adjudicator on the grounds that the adjudicator allowed extraneous or irrelevant considerations to affect his or her decision, or failed to take in relevant considerations or facts, or made any mistake of fact; or
    • it may substitute its own decision for that of the adjudicator only where the Commission finds—
      • interest in the cause, malice, bias or corruption on the part of the adjudicator; or
      • gross irregularity in the proceedings or the decision of the adjudicator:

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

  • It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement.
  • The Commission may on notice to the association concerned withdraw the recognition of an association for the purposes of this section if the association has been found, on due inquiry, not to be compliant with the conditions of its recognition

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

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

 

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