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NATIONAL ASSEMBLY VOTES 10_JULY_2012_NO._45

ADVANCE COPY- UNCORRECTED

No. 45

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________                              

 

FOURTH SESSION – SEVENTH PARLIAMENT

 

_________________

 

TUESDAY 10TH JULY 2012

_________________

 

 

Quarter Past Two o'clock p.m. The Speaker in the Chair

 

PRAYERS

 

Members Present

 

Printed by Order of the House

 

 

                                   Apologies

 

            Hon. Buka Hon. Chitima, Hon. Chidakwa, Hon. Chinamasa, Hon Chivamba,              Hon. Chombo, Hon Khumalo N.M, Hon. Langa,  Hon. Masaiti, Hon.

Mombeshora, Hon. Mutsekwa, Hon. Mutomba, Hon. Nyanhongo, Hon. Shoko,

Hon Huruba,

 

  1. The Minister of …............................. with leave, moved: That provisons of

Standing Orders Nos. 22, 106, and 109 regarding the automatic adjournment of            the House at five minutes to seven 'o' clock p.m. On a Friday, the reports from the        Parliamentary Legal Committee and the stages of Bills respectively, be suspended      in respect of the Zimbabwe Human Rights Commission Bill [H.B. 2, 2011]

 

 

1.           COMMITTEE: Zimbabwe Human Rights Commission Bill (H.B. 2, 2011) -  The             Minister of Justice and Legal Affairs

 

            (House in Committee)

 

            The Minister of Justice and Legal Affairs moved:

 

On page 5 of the Bill, delete clause 1 on lines 9 and 10 and substitute the                 following:

 

                                         “1  Short title

 

      This Act may be sited as the Zimbabwe Human Rights Commission Act [Chapter

            10:30].”

 

Amendment, put and agreed to.

 

Clause 1, as amended, put and agreed to.

 

On Clause 2, the Minister of Justice and Legal  Affairs moved:

 

On page 5 of the Bill, in the definition of “human rights violation”, delete the  proviso thereto between lines 36 and 38.

On page 6 of the Bill, delete the definition of “visitor” between lines 10 and 12.

 

Amendment, put and agreed to.

 

Clause 2, as amended, put and agreed to.

 

Clause 3 put and agreed to.

 

On Clause 4, the Minister of Justice and Lega Affairs moved:

 

On page 6 of the Bill, delete clause 4 and substitute the following:

 

                                         “4   Additional functions of Commission 

 

In addition to the functions and powers set out in section 100R(6) and (7) of the             Constitution, the Commission shall have the following functions and powers-

 

  • to conduct investigations on its own initiative or on receipt of complaints;

 

  • to visit and inspect prisons, places of detention, refugee camps and related        facilities in order to ascertain the condition under which inmates are kept there,         and to make recommendations regarding those conditions to the Minister            responsible for administering the law relating to those places or facilities;

 

  • to visit and inspect places where mentally disordered or intellectually         handicapped  persons are detained under any law in order to ascertain the           conditions under which those persons are kept there, and to make           recommendations regarding those conditions to the Minister responsible for          administering the law relating to those places; and

 

  • to ensure and provide appropriate redress for violations of human rights and    for injustice;

 

  • to co-operate with Human Rights Institutions belonging to international,         Continental or Regional organisations of which Zimbabwe is a member.”

 

Amendment, put and agreed to.

 

Clause 4, as amended, put and agreed to.

 

Clause 5 put and agreed to.

 

On Clause 6, the Minister of Justice and Legal Affairs moved:

 

On page 7 of the Bill, in Sub-section (1) of this clause, delete paragraph B     between lines 4 and 7 and substitute:

“(b) employ such other staff as maybe necessary for the proper exercise                     of its functions, and engage consultants where necessary:

Provided that  the Commission shall consult the Minister and the Minister                    responsible for Finance on the extent to which additional public moneys                   maybe required for this purpose.”

 

On page 7 of the Bill, insert after the end of subclause (1) on line 7 the following     subclause, and renumber the subsequent subclauses (2), (3) and (4) as subclauses        (3), (4) and (5) accordingly:

 

“(2) In order for a person to be appointed as Executive Secretary of the           Commission, he or she must -

 

  • be qualified to be appointed as a judge of the High Court or the Supreme

Court; or

 

  • have a graduate or postgraduate qualification in human rights law or humanitarian law or a related discipline.”

 

Amendment, put and agreed to.

 

Clause 6, as amended, put and agreed to.

 

Clause 7 and 8 put and agreed to.

 

On Clause 9, the Minister of Justice and legal Affairs moved:

 

On page 8 of the Bill, in subclause (4)(a), delete in lines 24 and 25  the words        “the aggrieved person was a citizen, resident or visitor of Zimbabwe at the time          when the action or omission complained of occurred and”.

 

Amendment, put and agreed to.

 

Clause 9, as amended, put and agreed to.

 

On Clause 10, the Minister of Justice and Legal Affairs moved:

 

On page 8 of the Bill, in subclause (1), delete in line 42 the words “in that notice”              and substitute “in those regulations”.

 

Amendment, put and agreed to.

 

Clause 10, as amended, put and agreed to.

 

Clause 11 put and agreed to.

 

On Clause 12, the Minister of Justice and Legal Affairs moved:

 

On pages 9 and 10 of the Bill delete subclause (6) and substitute the following           subclause :-

 

“(6) The Minister may, at any stage during the investigation of a complaint by the       commission, to produce to the Commission a certificate in writing signed by him    or her to the effect that the  disclosure of any evidence or documentation or class            of evidence or documentation or class of evidence or documentation specified in      the certificates is, in his or her opinion, contrary to the public interest on the  grounds that it may prejudice the defence, external relations, internal security or             economic interests of the state , whereupon the Commission shall make           arrangements for evidence relating to that matter to be heard in camera at a    closed hearing and shall take such other action as may be necessary or expedient         to prevent the disclosure of that matter.”

 

On page 10 of the Bill, in subclause (7), delete in line 7  the word “notice” and       substitute “certificate”.

 

On page 10 of the Bill, in the subclause (7) (b), delete in lines 13 and 15 the word

“notice” and substitute “certificates”.

 

On page 10 of the Bill, insert after subclause (8), the following subclause:

 

“(9)  For the avoidance of doubt it is declared that the law relating to the  competence or compellability of any person on the grounds of privilege to give    evidence, answer any questions or produce any book or document before the      Commission, shall apply.”

 

 

Amendment, put and agreed to.

 

Clause 12, as amended, put and agreed to.

 

Renumber the subsequent subclause (9) as subclause (10) accordingly.

 

 

Bill to be reported with amendments.

 

(House resumed)

 

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

                

      SECOND READING: National Incomes and Pricing Commission Bill (H.B. 10, 2010) - The Minister of Industry and Commerce.

 

Bill read a second time. Committee, with leave, forthwith.

 

(House in Committee)

 

Clauses 1 to --   put and agreed to.

 

Bill to be reported without amendment.

 

(House resumed)

 

Bill reported without amendment.

 

Third reading with leave forthwith.

 

            Bill read the third time.

 

 

  1.          COMMITTEE: Consideration of an Adverse Report by the Parliamentary Legal    Committee on the Electoral Amendment Bill (H.B. 3, 2011) – Hon. Mushonga.

 

                                    (House in Committee)

 

                                   Report put for consideration. The Minister of Justice and Legal Affairs moved:  That the Chairperson do now report progress.

 

Motion put and agreed to.

 

(House resumed)

 

                                  The Chairperson reported that the Committee of the Whole House had        considered the report of the Parliamentary Legal Committee.

 

  1. Hon ------, seconded by Hon ----, moved: That this House, having given    consideration to the report of the Parliamentary Legal Committee on sections ----      and  ----, in so far as they are purport to -----, resolves that the Bill would if     enacted, be contravention of Section --- of the Constitution.

 

Motion put and agreed to.

 

  1. SECOND READING: Older Persons Bill ( B.1, 2011) – The Minister of Labour    and Social Services.

 

                                   Bill read a second time. Committee, with leave, forthwith.

 

(House in Committee)

 

Clauses 1 to --   put and agreed to.

Bill to be reported without amendment.

 

(House resumed)

 

Bill reported without amendment.

 

Third reading with leave forthwith.

 

            Bill read the third time.

 

 

  1. Mangami seconded by Hon. Chitando moved:

 

That this House takes note of the Second Report of the Portfolio Committee           on Education, Sport and Culture on the Challenges in the Education Sector     in Zimbabwe. (S.C. 19, 2012).

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Matamisa seconded by Hon. Gumbo moved:

 

That this House takes note of the Report of the Fifth Ordinary Session of the  Second Parliament of the Pan-African Parliament (PAP).

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Mavima seconded by Hon. Matibe moved:

 

That this House takes note of the First Report of the Portfolio Committee on State

Enterprises and  Parastatals Management on ZESA’s  service delivery to the Nation. (S.C. 17, 2012).

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Mavima seconded by Hon. Matibe moved:

 

That this House takes note of the Second  Report of the Portfolio Committee on State Enterprises and  Parastatals Management on the status of Air Zimbabwe.           (S.C. 18, 2012).

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. S. Mukanduri seconded by Hon. T. Khumalo moved:

 

That this House takes note of the Report of the SADC Regional Workshop on the Role of the Parliament in Trade Policy Formulation, Trade Negotiation and Economic Integration 27-28th February 2012.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Madzore seconded by Hon. Chaderopa moved:

 

That this House takes note of the Report of the Portfolio Committee on Defence and Home Affairs on Deportations (S.C. 20, 2012).

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Zinyemba seconded by Hon. Tazviona moved:

 

That this House takes note of the First Report of the Portfolio Committee on Public Service, Labour and Social Welfare on the status of residential care institutions in Zimbabwe (S.C. 21, 2012).

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Sululu seconded by Hon. Cross moved:

 

That this House:

 

COGNISANT that the Executive Arm of the State is accountable to the Legislative Arm for all its acts of commission and omission,

 

DISURBED by the non-implantation of government programmes;

 

GRATIFIED with the sterling work of the Portfolio Committees in their oversight and legislative functions,

 

FURTHER GRATIFIED with Committee Members’ dedication to their

Committee work and the non-partisan approach to national issues that fall under their purview;

 

CONCERNED with the Hon. Ministers’ apparent lack of cooperation and appreciation of the work of Portfolio Committees as evidenced by their nonattendance to Committees Oral Evidence sessions and Houses sittings during question and answer time:

 

WORRIED by the Ministers’ failure to reply to Committee reports as required by

Parliamentary procedures and failure to give feedback to recommendations of Committees;

 

AWARE of the existence of the Committee on Government Assurances before the current Committee system;

 

NOW THEREFORE, that this House reminds all Committees and calls upon them to exercise the following up of Government Assurances as part of their terms of reference including

  1. Scrutinising the resolutions of the House (including adopted Committee Reports), petitions and undertakings given by the Government on the floor of the House and examine:

-whether or not such decisions and undertakings have been implemented, and where implemented, the extent to which they have been implemented, and whether such implementation has taken place within the minimum time necessary;

-Whether or not legislation passed by the House has been operationalised and where operationalised, the extent to which such operationalisation has taken place within the minimum time necessary.

 

  1. Committees to propose sanctions to the House on any Minister who fails to respond to the Committee’s report in terms of procedures.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Hon. F. M. Sibanda seconded by Hon. Gwiyo moved:

 

That this House:

 

NOTING that workers in Zimbabwe are underpaid, as their wages or salaries are below the poverty datum line (PDL) and generally worsen their working conditions;

 

CONCERNED at the plight of all workers both in public and private sectors who re poorly remunerated by their employers, resulting in them failing to make ends meet;

 

NOW THEREFORE, calls upon the Government and the all employers to pay all workers wages or salaries that are equal to or above the poverty datum line as a matter of urgency.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Hon. Tshuma seconded by Hon. Mabhena moved:

 

That this House:

 

NOTING with appreciation the efforts of the Hwange Colliery Company Limited Board of Management to stream line its operations in order to remain viable and profitable in local and world markets;

 

ACKNOWLEDGING the inevitability of obsolescence or redundancies, leading to layoffs, retrenchments or any other forms of separation, as a key dynamic of capital in any political economy, locally and globally;

 

REALISING that government, with a major shareholding the Hwange Colliery Company Limited, has a significant stake in the retrenchment process adopted by the Company's Board;

 

AWARE and concerned that similar adjustment processes have been a social and humanitarian disaster for the affected localities and the individuals, as well as families

 

NOW THEREFORE, calls upon the government to ensure that the company employees directly affected by the retrenchment process are afforded priority status in the award of opportunities arising from the process as a matter of policy;

 

FURTHER URGES the government:

  1. To facilitate a sustainable public private partnership arrangement between the Hwange Colliery Company Limited Corporation and the Hwange Local Board (preferably) for the running of the town under the company administration hitherto;
  2. To facilitate the Hwange Local Board, financially, technically or howsoever, to enable its effective participation in such a scheme;
  3. To consider similar arrangement(s) for the running of the schools, hospitals, or indeed any facility identified as suitable for such an undertaking(s).

On the motion of …................................ Debate adjourned until tomorrow.

 

  1.  Hon.  Zhanda seconded by Hon. Madzimure moved:

 

That this House:

 

AWARE that the operations of the Reserve Bank of Zimbabwe (RBZ) are          governed by the Reserve Bank of Zimbabwe Act (Chapter 22:15) as           amended in 2010, Banking Act (Chapter 24:20) and other related statutory  instruments;

 

CONCERNED with alleged high levels of corruption, shoddy deals, acts    of economic sabotage and poor corporate governance principles at the

RBZ,

WORRIED by the Anti-Corruption Commission's apparent involvement in      the matter;

 

NOW THEREFORE resolves to set up an ad hoc Committee in terms of        Standing Order Number 157, to investigate allegations of corruption at the          Reserve Bank of Zimbabwe and table its findings in this House.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

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

Local Government, Urban and Rural Development. (S.C. 14, 2012) – (Adjourned 12th June – The Deputy Minister of Media, Information and Publicity)

 

[Day elapsed: 1]

 

            Question again proposed:   That this House takes note of the Second Report of the Portfolio Committee of the Local Government, Rural and Urban Development on the Zimbabwe United Passenger Company (S.C. 14, 2012) – Hon Karenyi. 

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on          Media, Information and Communication Technology on the State of Public Media    in Zimbabwe. (SC 8, 2011). – (Adjourned 12th June   – Sibanda .D.)

 

[Days elapsed: 2]

 

Question again proposed: That this House takes note of the First Report of the       Portfolio Committee on Media, Information and Communication Technology on          the State of Public Media in Zimbabwe. (SC8, 2011) Hon Chikwinya.

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

 

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

Budget, Finance and Investment Promotion on the Zimbabwe Revenue Authority

(ZIMRA's) operations at Border Posts (S.C. 9, 2012).  – (Adjourned 17th May  

                                         – Hon Chebundo)

 

[Day elapsed: 1]

 

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

Portfolio Committee on Budget, Finance and Investment Promotion on the         Zimbabwe Revenue Authority (ZIMRA's) operations at Border Posts (S.C. 9,     2012).  – Hon. Cross.

    On the motion of …................................ Debate adjourned until tomorrow.

 

 

  1. Adjourned debate on motion on the untimely death of Hon. Chikava –

(Adjourned  6th June  – The Deputy Prime  Minister Hon. Prof. Mutambara)

 

[Day elapsed: 1]

 

Question again proposed: That this House expresses its profound sorrow on the untimely death of Hon. B. Chikava on Sunday, 17th December 2011, the Honourable Member for Mount Darwin Constituency.

 

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 family of the deceased Member of Parliament.- Hon Mangami.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

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

Government, Rural and Urban Development on Service Delivery to the Local

Authorities of Gutu and Chiredzi (S.C.13, 2012)   –  (Adjourned  16th May   –

                                         The Minister of Constitutional and Parliamentary Affairs)

 

[Day elapsed: 1]

 

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

Portfolio Committee on Local Government, Rural and Urban Development on Service Delivery to the Local Authorities of Gutu and Chiredzi (S.C.13, 2012)    – Hon Karenyi.  

 

On the motion of …................................ Debate adjourned until tomorrow.

 

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

Natural Resources, Environment and Tourism on Conservancies and Forestry

Plantations (S.C. 11, 2012) –  (Adjourned  16th May   – The Minister of

                                         Constitutional and Parliamentary Affairs)

 

[Days elapsed: 3]

 

Question again proposed: That this House takes note of the First Report of the        Portfolio Committee on Natural Resources, Environment and Tourism on              Conservancies and Forestry Plantations (S.C. 11, 2012) – Hon Nezi.   

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on           Women, Youth, Gender and Community Development  (SC 10, 2012) –

             (Adjourned  15th May   – The Minister of Constitutional and Parliamentary             Affairs)

[Day Elapsed 1]

 

Question again proposed: That this House takes note of the First Report of the Portfolio Committee on Women, Youth, Gender and Community Development on the Challenges and Constraints Affecting the Operations of Vocational Training Centres in Zimbabwe (S.C. 10, 2012) - Hon. Matienga.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

 

  1. Adjourned debate on motion that leave be granted to bring in a Bill to amend the

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

3 (Adjourned 27th March -Hon. Gonese )

[Days elapsed: 2]

 

Question again proposed: That leave be granted to bring in a Bill to amend the Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

Hon. Gonese.

 

       On the motion of …................................ Debate adjourned until tomorrow.

              

             

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

Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012)-(Adjourned 22nd March – Hon. Sibanda D).

[Days elapsed: 2]

 

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

Portfolio Committee on Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012) -Hon Chebundo.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

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

Accounts on the Report of the Comptroller and Auditor General on the             Management of Government Vehicles by CMED (Private) Limited  (S.C. 3,      2012)  (Adjourned 22nd March – Hon. Gonese).

 

 

[Day elapsed: 1]

 

Question again proposed: That this House takes note of the First Report of the Committee on Public Accounts on the Report of the Comptroller and Auditor General on the Management of Government Vehicles by CMED (Private) Limited  (S.C. 3, 2012) – Hon. Chinyadza.

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

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

Health and Child Welfare on the state of affairs at NatPharm (S.C. 2, of 2012) –       (Adjourned 22nd March - Hon. Sibanda D).

[Day elapsed: 1]

 

Question again  proposed:That this House takes note of the First Report of the       Committee on Health and Child Welfare on the state of affairs and NatPharm              (S.C. 2, of 2012) - Hon. Parirenyatwa. 

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Local   Government and Urban Development  on the Third Quarter Budget Performance      of the Ministry of Local Government, Rural and Urban Development for the year

2011.(S.C.5, 2012)   (Adjourned 15th  March – Hon Chinomona)

 

[Day elapsed: 2]

 

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

Portfolio Committee on Local Government and Urban Development  on the Third     Quarter Budget Performance of the Ministry of Local Government, Rural and      Urban Development for the year 2011.(S.C.5, 2012) – Hon. Karenyi.

 

On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the workshop report of the Pan African

Parliament Permanent Committee on Trade, Customs and Immigration matters

(Adjourned 13th March – The Minister of Constitutional and Parliamentary             Affairs).

[Days elapsed:  6]

 

Question again proposed:  That this House takes note of the Report on the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters workshop that was held in Gaborone Botswana in July 2011 to promote

the involvement of the committee and members of Parliament on Trade, Customs and Immigration in Regional Integration efforts – Hon. Mutomba.

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010 (Adjourned 13th March – The  Minister of Constitutional and Parliamentary Affairs)

 

[Days elapsed:  5]

 

            Question again proposed:  That this House:

 

             COGNIZANT of the need to publish in the gazette and to enforce all        delegated legislation in conformity with the relevant Principal Acts;

 

DISTURBED that the Indigenisation and Empowerment (General)  Regulations

Statutory Instrument No. 21 of 2010, as read with the minimum requirements for

Indigenisation Implementation Plans for businesses in the  mining sector GN        114/2011, do not conform with the Government's Policy of economic revival      which aims at  encouraging Direct Foreign Investment;

 

CONCERNED that the responsible Minister promulgated the Indigenisation              Empowerment Regulations without due regard for private enterprises and       industries which are critical for Zimbabwe's  economic recovery;

 

CONDEMNING the practice by the responsible Minister to invoke              delegated legislation on foreign owned companies without Cabinet Authority, in             contravention of bilateral agreements, a situation which puts the Government's  credibility into disrepute;

 

NOW THEREFORE, resolves that the responsible Minister withdraws forthwith the Indigenisation and Empowerment Regulations and replaces them with revised versions which address broad based empowerment programmes – Hon. Musundire.

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

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

Mines  and Energy on the state of affairs at Shabani  Mashava Mine (S.C.10,

2011) (Adjourned 25th October - Hon. Gonese)

[Day elapsed: 1]

 

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

Portfolio Committee on Mines and Energy on the State of Affairs at

Shabani-Mashava Mines (S.C.10, 2011). - Hon Chindori-Chininga.

    On the motion of …................................ Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Rural and Urban Development (Adjourned 26th September – D. Sibanda).

   [Day elapsed: 2]

              

            Question again proposed:   That this House takes note of the First Report of the Portfolio Committee on Local Government, Urban and Rural Development on the public hearings on the state of service delivery by the Municipalities of Harare, Chitungwiza and Norton. (S.C. 6, 2010)- Hon. Matimba.

 

    On the motion of …................................ Debate adjourned until tomorrow.

 

  1. SECOND READING: Urban Councils Amendment Bill (H.B. 5, 2011) - Matimba

 

 

L.N. M. Moyo

Speaker.

_______________________________________________________________________

WEDNESDAY, 11TH JULY 2012

              

 

                                          QUESTIONS FOR ORAL ANSWERS

            ♦  QUESTIONS WITHOUT NOTICE

             * QUESTIONS WITH NOTICE

*1.         HON CHITANDO:  To ask the Co – Ministers of Home Affairs to explain to the

House:

 

  1. The case number of the death of Zvidzai Mapurisa which was reported at              Muchakata Police Station in June 2008 in Masvingo Province;

 

  1. A detailed account of circumstances leading to Zvidzai Mapurisa's murder in June 2008 at Rarangwe Village 21;

 

  1. Results of the post mortem on the causes of the death of Zvidzai Mapurisa;

and

 

  1. Stages at which investigations are and the action that has been taken on the accused.

[Deferred from, Wednesday 20th June 2012.]

 

*2.       HON MATIBE:  To ask the Co-ministers of Home Affairs to state the offences which  attract spot-fines and those that do not.

 

[Deferred from, Wednesday 20th  June 2012]

 

*3.   HON. MUSHONGA: To ask the Minister of State in the President's Office to explain

to the House why the following members of the Central Intelligence           Organisation have been allowed to hold political party positions as Central           Committee Members of ZANU PF whilst they are still in full-time employment of           the state:

  1. Tabeth Kanengoni from Mashonaland Central
  2. Jesca Chidza from Manicaland, and
  • Lazma Humbe from Manicaland

 

[Deferred from, Wednesday 5th October 2011]

 

 

*4.     HON. GARADHI: To ask the Ministry of Local Government, Urban and Rural

Development to explain the Ministry's position with regards to former Golden              Kopje Mine employees who are being evicted by Chinhoyi City Council because             of their party affiliation.

[Deferred from, Wednesday 23rd November  2011]

 

*5.      HON CHIMHINI: To ask the Minister of Local Government Rural and Urban

Development to explain to the House why for seven years now, the Mutasa District

Development Fund has not been able to service or maintain roads such as Honde          Green to Ngarura - Rupinda, Muterere to Mandeya2, Hauna to Mandeya 2 via           Loretto and any other roads under its jurisdiction.

 

[Deferred from, Wednesday 6th June 2012]

   
*6. HON CHIMHINI:  To ask the Minister of Local Government Rural and Urban
  Development to advise the House what steps a community can take against
  traditional leaders, such as village head Shepherd Sagambe, Mutirowaenda
  Katambarare and Ndai Dondo, a ZANU P.F. Chairperson in Ward One,
  Mutasa North Constituency, who force people to bring National Identity cards
  to their homesteads and use the Identity Cards to appoint villagers as Party
  structure officials to cells and branches and bar people from attending any other
 

 

 

political rallies other than ZANU P.F. rallies.

[Deferred from, Wednesday 28th March 2012]

*7. HON . NDEBELE:  To ask the Minister of Local Government Rural and Urban Development to inform the House
  i)Why he appoints councillors who lost their posts during 2008 elections and
 

 

those who abused council funds during their term into position of authority.
  ii) Whether it is government policy to elect special interest councillors from
 

 

ZANU P.F. only.

[Deferred from, Wednesday 28th March 2012]

*8. HON CHIMHINI:  To ask the Minister of Local Government Rural and Urban
 

 

Development to explain:
  i)  Whether it is government policy to allow District Administrators such as Mr
  Dhliwayo of Mutasa District, to summon village heads to political meetings
 

 

addressed by Mr Jabulani Sibanda.
  ii)  How the families of the deceased Village Heads, Edward Chijara, Tonganayi
  Mamombe and Paul Mukariri will be compensated after a lorry belonging to Mr
  L.P. Masamvu an aspiring ZANU P.F.  Parliamentary candidate overturned and
  killed the three village heads  and injured more than forty other heads on their
 

 

 

way to a political meeting at the District Administrators Offices.

[Deferred from, Wednesday 28th March 2012]

*9. HON JIRI:  To ask the Minister of Local Government Rural and Urban
 

 

Development to explain why
  i)  Chikomba Rural District Council is allowed to run its affairs unprofessionally
 

 

and without control.
  ii)   The Council does not entertain submissions made by rate payers during the
 

 

time of budget consultation
  iii)  The Council allows people to operate garages along streets e.g  near Total
 

 

garage in Chivhu.
  iv)  Vendors are allowed to sale sadza at unhealthy places and the market
 

 

opposite Vics Tarven.
 

 

 

v)  The budget does not reflect the Essar Mine's contribution to the community.

[Deferred from, Wednesday 28th March 2012]

*10. HON CHEBUNDO:  To ask the Ministry of Industry and Commerce to explain the
  measures the Ministry is taking to avert the closure of Sable Chemical Industries Limited which is facing numerous challenges.

[Deferred from, Wednesday 28th  March 2012]

 

*11.      HON CHEBUNDO:  To ask the Minister of Industry and Commerce to explain the        measures the Ministry is taking to address the unethical management operations            and contractual policies for inputs and the welfare of workers at Sable Chemicals  Industries Limited.

 

[Deferred from, Wednesday 28th  March 2012]

 

*12.     HON CROSS: To ask the Minister of Industry and Commerce to inform to the                 House why the agreements entered into with ESSAR have not been                   implemented.

 

 

                                                         [Deferred from, Wednesday 20th June 2012]
*13.

 

HON NYAUDE:  To ask the Minister of Information Communication Technology to explain to the House why Econet boosters in Bindura South, Mbire and Rushinga in Mashonaland Central Province have not been activated considering the time that has lapsed since they were erected.

[Deferred from, Wednesday 6th June 2012]

*14. HON CROSS:  To ask the Minister of Tourism and Hospitality Industry
  i)  to outline  the Ministry's  plans to ensure the success of the 2013 United
  Nations World Tourism Conference to be held in  the town of Victoria Falls in
 

 

October 2013.
 

 

 

ii) to give  a report on the progress that has been made regarding the preparations for the Conference.

[Deferred from, Wednesday 6th June 2012]

*14. HON C. MHANDU: To ask the Minister of Justice and Legal Affairs to inform the
 

 

House; on the following
  i)  Government's position on the recent judgement in South Africa by Judge Hans
  Fabricius of North Gauteng High Court to investigate and prosecute eighteen (18)
  High ranking Zimbabwean Officials alleged to have been involved in Human
  Rights abuses – in a case, Southern Africa Litigation Centre and Zimbabwe
  Exiles Forum vs South African National Prosecuting Authority and South Africa
 

 

 

Police Services;

ii)  Measures the Government is taking to stop foreign countries from interfering in its internal constitutional and legal matters;

  iii)  Whether South Africa has the jurisdiction to pass such inter-territorial judgements;
  1. iv) To name the eighteen (18) High ranking Zimbabwe officials who are alleged         to be involved in the litigation and whether they were informed of the litigation?

 

[Deferred from, Wednesday 20th June 2012]

 

*15.   HON. MARAMWIDZE:  To ask the Minister of Transport and Infrastructural            Development to inform the House when the Gutu / Buhera road will be               resurfaced.

[Deferred from, Wednesday 20th June 2012]

   
   
*16. HON MARAMWIDZE:  To ask the Minister of Transport and Infrastructural
  Development to explain to the House how the toll gate funds have been
 

 

 

utilised throughout the country.

[Deferred from, Wednesday 20 June 2012]

*17. HON MARAMWIDZE:  To ask the Minister of Media and Information Publicity to
  explain why sexually  provocative, ZANU PF jingles that propergate its
 

 

 

propaganda are imposed on the public.

[Deferred from, Wednesday 20th  June 2012]

*18. HON MADUBEKO:  To ask the Minister of Education, Sport Arts and Culture to
  inform the House on the operational challenges of the Educational Transition
  Fund 1 and how those challenges were resolved in the Ministry's Educational
 

 

 

Transition Fund 2 programme.

[Deferred from, Wednesday 20th  June 2012]

*19. HON MASAITI:  To ask the Minister of State Enterprises and Parastatals
  Management whether he is aware that the workers of National Railways of
 

 

 

 

Zimbabwe are not being paid.

[Deferred from, Wednesday 20th  June 2012]

*20. HON MASAITI:  To ask the Minister of State Enterprises and Parastatals
  Management to state challenges being faced by the parastatal and plans that are in
 

 

 

place to ensure that the service industry does not collapse.

[Deferred from, Wednesday 20th  June 2012]

*21. HON SULULU: To ask the Minister of State Enterprises and Parastatals to ;
  1. State the exact number of directors who have been trained under the corporate governance training programme.
  2. The positive charges that have been noted within the Ministry after the training of the said Directors.

[Deferred from, Wednesday 20th  June 2012]

 

[Deferred from, Wednesday 20th June 2012]

 

*22.     HON SIBANDA P.N.  To ask the Minister of Youth Development, Indigenisation and Empowerment to explain the criteria used to identify the groups of people that benefited from the youth fund disbursed in March 2012.

 

[Deferred from, Wednesday 20th June 2012]

 

*23.    HON JIRI:  To ask the Minister of Agriculture, Mechanisation and Irrigation            Development to explain why  the maize debt owed by our nation to Malawi            should be paid using taxpayer's money when it benefited ZANU P.F. Supporters            only.

 

 

 

 

                          

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

                      1. HON. MANGAMI          HON. CHITANDO

 

That this House takes note of the Second Report of the Portfolio Committee           on Education, Sport and Culture on the Challenges in the Education Sector     in Zimbabwe. (S.C. 19, 2012).

 

                             2.         HON. MATAMISA

                                         HON. GUMBO

 

That this House takes note of the Report of the Fifth Ordinary Session of the  Second Parliament of the Pan-African Parliament (PAP).

 

  1. HON. MAVIMA

               HON. MATIBE

 

That this House takes note of the First Report of the Portfolio Committee on State

Enterprises and  Parastatals Management on ZESA’s  service delivery to the Nation. (S.C. 17, 2012).

 

 

4. HON. MAVIMA  HON. MATIBE

 

That this House takes note of the Second  Report of the Portfolio Committee on State Enterprises and  Parastatals Management on the status of Air Zimbabwe.           (S.C. 18, 2012).

 

5. HON. S. MUKANDURI  HON. T. KHUMALO

 

That this House takes note of the Report of the SADC Regional Workshop on the Role of the Parliament in Trade Policy Formulation, Trade Negotiation and Economic Integration 27-28th February 2012.

 

6.  HON. MADZORE  HON. CHADEROPA

 

That this House takes note of the Report of the Portfolio Committee on Defence and Home Affairs on Deportations (S.C. 20, 2012).

 

7. HON. ZINYEMBA  HON. TAZVIONA

 

That this House takes note of the First Report of the Portfolio Committee on Public Service, Labour and Social Welfare on the status of residential care institutions in Zimbabwe (S.C. 21, 2012).

 

8.        HON. SULULU

                                          HON. CROSS

 

That this House:

 

COGNISANT that the Executive Arm of the State is accountable to the Legislative Arm for all its acts of commission and omission,

 

DISURBED by the non-implantation of government programmes;

 

GRATIFIED with the sterling work of the Portfolio Committees in their oversight and legislative functions,

 

FURTHER GRATIFIED with Committee Members’ dedication to their

Committee work and the non-partisan approach to national issues that fall under their purview;

 

CONCERNED with the Hon. Ministers’ apparent lack of cooperation and appreciation of the work of Portfolio Committees as evidenced by their nonattendance to Committees Oral Evidence sessions and Houses sittings during question and answer time:

 

WORRIED by the Ministers’ failure to reply to Committee reports as required by

Parliamentary procedures and failure to give feedback to recommendations of Committees;

 

AWARE of the existence of the Committee on Government Assurances before the current Committee system;

 

NOW THEREFORE, that this House reminds all Committees and calls upon them to exercise the following up of Government Assurances as part of their terms of reference including

  1. Scrutinising the resolutions of the House (including adopted Committee Reports), petitions and undertakings given by the Government on the floor of the House and examine:

-whether or not such decisions and undertakings have been implemented, and where implemented, the extent to which they have been implemented, and whether such implementation has taken place within the minimum time necessary;

-Whether or not legislation passed by the House has been operationalised and where operationalised, the extent to which such operationalisation has taken place within the minimum time necessary.

 

  1. Committees to propose sanctions to the House on any Minister who fails to respond to the Committee’s report in terms of procedures.

 

9. HON. F. M. SIBANDA HON. GWIYO

 

That this House:

 

NOTING that workers in Zimbabwe are underpaid, as their wages or salaries are below the poverty datum line (PDL) and generally worsen their working conditions;

 

CONCERNED at the plight of all workers both in public and private sectors who re poorly remunerated by their employers, resulting in them failing to make ends meet;

 

NOW THEREFORE, calls upon the Government and the all employers to pay all workers wages or salaries that are equal to or above the poverty datum line as a matter of urgency.

 

                             10.       HON. TSHUMA

HON. MABHENA

 

That this House:

 

NOTING with appreciation the efforts of the Hwange Colliery Company Limited Board of Management to stream line its operations in order to remain viable and profitable in local and world markets;

 

ACKNOWLEDGING the inevitability of obsolescence or redundancies, leading to layoffs, retrenchments or any other forms of separation, as a key dynamic of capital in any political economy, locally and globally;

 

REALISING that government, with a major shareholding the Hwange Colliery Company Limited, has a significant stake in the retrenchment process adopted by the Company's Board;

 

AWARE and concerned that similar adjustment processes have been a social and humanitarian disaster for the affected localities and the individuals, as well as families

 

NOW THEREFORE, calls upon the government to ensure that the company employees directly affected by the retrenchment process are afforded priority status in the award of opportunities arising from the process as a matter of policy;

 

FURTHER URGES the government:

  1. To facilitate a sustainable public private partnership arrangement between the Hwange Colliery Company Limited Corporation and the Hwange Local Board (preferably) for the running of the town under the company administration hitherto;
  2. To facilitate the Hwange Local Board, financially, technically or howsoever, to enable its effective participation in such a scheme;
  3. To consider similar arrangement(s) for the running of the schools, hospitals, or indeed any facility identified as suitable for such an undertaking(s).

 

                             11.        HON.  ZHANDA

HON. MADZIMURE

 

That this House:

 

AWARE that the operations of the Reserve Bank of Zimbabwe (RBZ) are          governed by the Reserve Bank of Zimbabwe Act (Chapter 22:15) as           amended in 2010, Banking Act (Chapter 24:20) and other related statutory  instruments;

 

CONCERNED with alleged high levels of corruption, shoddy deals, acts    of economic sabotage and poor corporate governance principles at the

RBZ,

 

WORRIED by the Anti-Corruption Commission's apparent involvement in      the matter;

 

NOW THEREFORE resolves to set up an ad hoc Committee in terms of        Standing Order Number 157, to investigate allegations of corruption at the          Reserve Bank of Zimbabwe and table its findings in this House.

 

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

Local Government, Urban and Rural Development. (S.C. 14, 2012) – (Adjourned 12th June – The Deputy Minister of Media, Information and Publicity)

 

[Day elapsed: 1]

 

            Question proposed:   That this House takes note of the Second Report of the Portfolio Committee of the Local Government, Rural and Urban Development on the Zimbabwe United Passenger Company (S.C. 14, 2012) – Hon Karenyi. 

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on          Media, Information and Communication Technology on the State of Public Media    in Zimbabwe. (SC 8, 2011). – (Adjourned 12th June   – Sibanda .D.)

 

[Days elapsed: 2]

 

Question proposed: That this House takes note of the First Report of the Portfolio            Committee on  Media, Information and Communication Technology on the State       of Public Media in Zimbabwe. (SC8, 2011) Hon Chikwinya.

 

 

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

Budget, Finance and Investment Promotion on the Zimbabwe Revenue Authority

(ZIMRA's) operations at Border Posts (S.C. 9, 2012).  – (Adjourned 17th May  

                                         – Hon Chebundo)

 

[Day elapsed: 1]

 

Question proposed: That this House takes note of the First Report of the Portfolio            Committee on  Budget, Finance and Investment Promotion on the Zimbabwe        Revenue Authority (ZIMRA's) operations at Border Posts (S.C. 9, 2012).  – Hon. Cross.

 

 

  1. Adjourned debate on motion on the untimely death of Hon. Chikava –

(Adjourned  6th June  – The Deputy Prime  Minister Hon. Prof. Mutambara)

 

[Day elapsed: 1]

 

Question proposed: That this House expresses its profound sorrow on the untimely death of Hon. B. Chikava on Sunday, 17th December 2011, the Honourable Member for Mount Darwin Constituency.

 

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 family of the deceased Member of Parliament.- Hon Mangami.

 

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

Government, Rural and Urban Development on Service Delivery to the Local

Authorities of Gutu and Chiredzi (S.C.13, 2012)   –  (Adjourned  16th May   –

                                         The Minister of Constitutional and Parliamentary Affairs)

 

[Day elapsed: 1]

 

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

Committee on Local Government, Rural and Urban Development on Service Delivery to the Local Authorities of Gutu and Chiredzi (S.C.13, 2012)    – Hon Karenyi.   

 

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

Natural Resources, Environment and Tourism on Conservancies and Forestry

Plantations (S.C. 11, 2012) –  (Adjourned  16th May   – The Minister of

                                         Constitutional and Parliamentary Affairs)

 

[Days elapsed: 3]

 

Question proposed: That this House takes note of the First Report of the Portfolio             Committee on Natural Resources, Environment and Tourism on Conservancies             and Forestry Plantations (S.C. 11, 2012) – Hon Nezi.   

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on           Women, Youth, Gender and Community Development  (SC 10, 2012) –

                                             (Adjourned  15th May   – The Minister of Constitutional and Parliamentary

         Affairs) [Day Elapsed 1]

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

Committee on Women, Youth, Gender and Community Development on the

Challenges and Constraints Affecting the Operations of Vocational Training Centres in Zimbabwe (S.C. 10, 2012) - Hon. Matienga.

 

 

  1. Adjourned debate on motion that leave be granted to bring in a Bill to amend the

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

3 (Adjourned 27th March -Hon. Gonese )

[Days elapsed: 2]

 

Question proposed: That leave be granted to bring in a Bill to amend the Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection  - Hon. Gonese.

              

             

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

Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012)-(Adjourned 22nd March – Hon. Sibanda D).

[Days elapsed: 2]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012) -Hon Chebundo.

 

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

Accounts on the Report of the Comptroller and Auditor General on the             Management of Government Vehicles by CMED (Private) Limited  (S.C. 3,      2012)  (Adjourned 22nd March – Hon. Gonese).

 

 

[Day elapsed: 1]

 

Question proposed: That this House takes note of the First Report of the Committee on Public Accounts on the Report of the Comptroller and Auditor General on the Management of Government Vehicles by CMED (Private) Limited  (S.C. 3, 2012) – Hon. Chinyadza.

 

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

Health and Child Welfare on the state of affairs at NatPharm (S.C. 2, of 2012) –       (Adjourned 22nd March - Hon. Sibanda D).

[Day elapsed: 1]

 

Question proposed:That this House takes note of the First Report of the   Committee on Health and Child Welfare on the state of affairs and NatPharm  (S.C. 2, of 2012) - Hon. Parirenyatwa. 

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Local   Government and Urban Development  on the Third Quarter Budget Performance      of the Ministry of Local Government, Rural and Urban Development for the year

2011.(S.C.5, 2012)   (Adjourned 15th  March – Hon Chinomona)

 

[Day elapsed: 2]

 

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

Committee on Local Government and Urban Development  on the Third     Quarter Budget Performance of the Ministry of Local Government, Rural and           Urban Development for the year 2011.(S.C.5, 2012) – Hon. Karenyi.

 

  1. Adjourned debate on motion on the workshop report of the Pan African

Parliament Permanent Committee on Trade, Customs and Immigration matters

(Adjourned 13th March – The Minister of Constitutional and Parliamentary             Affairs).

[Days elapsed:  6]

 

Question proposed:  That this House takes note of the Report on the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters workshop that was held in Gaborone Botswana in July 2011 to promote the involvement of the committee and members of Parliament on Trade, Customs and Immigration in Regional Integration efforts – Hon. Mutomba.

 

  1. Adjourned debate on motion on the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010 (Adjourned 13th March – The  Minister of Constitutional and Parliamentary Affairs)

 

[Days elapsed:  5]

 

            Question proposed:  That this House:

 

             COGNIZANT of the need to publish in the gazette and to enforce all        delegated legislation in conformity with the relevant Principal Acts;

 

DISTURBED that the Indigenisation and Empowerment (General)  Regulations

Statutory Instrument No. 21 of 2010, as read with the minimum requirements for

Indigenisation Implementation Plans for businesses in the  mining sector GN        114/2011, do not conform with the Government's Policy of economic revival      which aims at  encouraging Direct Foreign Investment;

 

CONCERNED that the responsible Minister promulgated the Indigenisation

Empowerment Regulations without due regard for private enterprises and industries which are critical for Zimbabwe's  economic recovery;     CONDEMNING the practice by the responsible Minister to invoke            delegated legislation on foreign owned companies without Cabinet Authority, in  contravention of bilateral agreements, a situation which puts the Government's         credibility into disrepute;

 

NOW THEREFORE, resolves that the responsible Minister withdraws forthwith the Indigenisation and Empowerment Regulations and replaces them with revised versions which address broad based empowerment programmes – Hon. Musundire.

 

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

Mines  and Energy on the state of affairs at Shabani  Mashava Mine (S.C.10,

2011) (Adjourned 25th October - Hon. Gonese)

[Day elapsed: 1]

 

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

Portfolio Committee on Mines and Energy on the State of Affairs at          Shabani-Mashava Mines (S.C.10, 2011). - Hon Chindori-Chininga.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Rural and Urban Development (Adjourned 26th September – D. Sibanda).

   [Day elapsed: 2]

              

            Question proposed:   That this House takes note of the First Report of the Portfolio Committee on Local Government, Urban and Rural Development on the public hearings on the state of service delivery by the Municipalities of Harare, Chitungwiza and Norton. (S.C. 6, 2010)- Hon. Matimba.

 

 28.       COMMITTEE: Zimbabwe Human Rights Commission Bill (H.B. 2, 2011) -  The             Minister of Justice and Legal Affairs

 

            (See Notice of Amendments)

 

  1. SECOND READING: National Incomes and Pricing Commission Bill (H.B. 10, 2010) - The Minister of Industry and Commerce.

 

  1. COMMITTEE: Consideration of an Adverse Report by the Parliamentary Legal   Committee on the Electoral Amendment Bill (H.B. 3, 2011) – Hon. Mushonga.

 

  1. SECOND READING: Older Persons Bill ( B.1, 2011) – The Minister of Labour    and Social Services.

 

 

  1. SECOND READING: Urban Councils Amendment Bill (H.B. 5, 2011) - Matimba

 

  1. COMMITTEE OF SUPPLY.

 

 

 

NOTICE OF AMENDMENTS

 

Zimbabwe Human Rights Commission Bill, 2011 (H.B. 2, 2011)

 

AMENDMENTS OF CLAUSE 1 (“SHORT TITLE”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 5 of the Bill, delete clause 1 on lines 9 and 10 and substitute the    following:

 

                                         “1  Short title

 

      This Act may be sited as the Zimbabwe Human Rights Commission Act [Chapter

            10:30].”

 

 

AMENDMENT OF CLAUSE 2 (“INTERPRETATION”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 5 of the Bill, in the definition of “human rights violation”, delete the  proviso thereto between lines 36 and 38.

On page 6 of the Bill, delete the definition of “visitor” between lines 10 and 12.

 

                                                     SUBSTITUTION OF CLAUSE 4 (“FUNCTIONS OF COMMISSION”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 6 of the Bill, delete clause 4 and substitute the following:

 

                                         “4   Additional functions of Commission

 

In addition to the functions and powers set out in section 100R(6) and (7) of the             Constitution, the Commission shall have the following functions and powers-

 

  • to conduct investigations on its own initiative or on receipt of complaints;

 

  • to visit and inspect prisons, places of detention, refugee camps and related facilities in order to ascertain the condition under which inmates are kept there,      and to make recommendations regarding those conditions to the Minister     responsible for administering the law relating to those places or facilities;

 

  • to visit and inspect places where mentally disordered or intellectually         handicapped  persons are detained under any law in order to ascertain the           conditions under which those persons are kept there, and to make           recommendations regarding those conditions to the Minister responsible for          administering the law relating to those places; and

 

  • to ensure and provide appropriate redress for violations of human rights and    for injustice;

 

  • to co-operate with Human Rights Institutions belonging to international,         Continental or Regional organisations of which Zimbabwe is a member.”

 

            AMENDMENT OF CLAUSE 6 (“EXECUTIVE SECRETARY AND OTHER STAFF OF COMMISSION AND CONSULTANTS)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 7 of the Bill, in Sub-section (1) of this clause, delete paragraph B     between lines 4 and 7 and substitute:

“(b) employ such other staff as maybe necessary for the proper exercise                     of its functions, and engage consultants where necessary:

Provided that  the Commission shall consult the Minister and the Minister                    responsible for Finance on the extent to which additional public moneys                   maybe required for this purpose.”

 

On page 7 of the Bill, insert after the end of subclause (1) on line 7 the following     subclause, and renumber the subsequent subclauses (2), (3) and (4) as subclauses        (3), (4) and (5) accordingly:

 

“(2) In order for a person to be appointed as Executive Secretary of the           Commission, he or she must -

 

  • be qualified to be appointed as a judge of the High Court or the Supreme

Court; or

 

  • have a graduate or postgraduate qualification in human rights law or humanitarian law or a related discipline.”

 

 AMENDMENT OF CLAUSE 9 (“JURISDICTION OF COMMISSION TO  CONDUCT INVESTIGATIONS”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 8 of the Bill, in subclause (4)(a), delete in lines 24 and 25  the words “the aggrieved person was a citizen, resident or visitor of Zimbabwe at the time when the action or omission complained of occurred and”.

 

             AMENDMENT OF CLAUSE 10(“MANNER OF MAKING  COMPLAINTS”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 8 of the Bill, in subclause (1), delete in line 42 the words “in that notice” and substitute “in those regulations”.

 

  AMENDMENT OF CLAUSE 12(“MANNER OF CONDUCTING INVESTIGATIONS”)

 

On pages 9 and 10 of the Bill delete subclause (6) and substitute the following subclause

:-

 

“(6) The Minister may, at any stage during the investigation of a complaint by the commission, to produce to the Commission a certificate in writing signed by him or her to the effect that the  disclosure of any evidence or documentation or class of evidence or documentation or class of evidence or documentation specified in the certificates is, in his or her opinion, contrary to the public interest on the grounds that it may prejudice the defence, external relations, internal security or economic interests of the state , whereupon the Commission shall make arrangements for evidence relating to that matter to be heard in camera at a closed hearing and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter.”

 

On page 10 of the Bill, in subclause (7), delete in line 7  the word “notice” and substitute

“certificate”.

 

On page 10 of the Bill, in the subclause (7) (b), delete in lines 13 and 15 the word

“notice” and substitute “certificates”.

 

On page 10 of the Bill, insert after subclause (8), the following subclause:

 

“(9)  For the avoidance of doubt it is declared that the law relating to the competence or compellability of any person on the grounds of privilege to give evidence, answer any questions or produce any book or document before the Commission, shall apply.”

 

Renumber the subsequent subclause (9) as subclause (10) accordingly.

 

 

MEETINGS OF COMMITTEES

 

 

THURSDAY 21ST JUNE 2012

 

 

At 1000hrs in Committee Room No. 413

 

Media, Information and Communication Technology – Hon. S. Chikwinya

                                         (Chairperson)

Hon. Baloyi, Hon. Chaderopa, Hon. Hlongwane, Hon. Mandebvu, Hon. Matonga, Hon. Moyo S, Hon. Mudarikwa, Hon. Jembere, Hon. Muchauraya, Hon. Mudiwa, Hon. Musumbu, Hon. Sibanda, Hon. Varandeni, Hon. Ziyambi. - Clerk

Mr Mutyambizi

At 1000hrs in Committee Room No. 1

 

 

           Small and Medium Enterprise Cooperative Development –              Hon. Moyo Chairperson

Hon. Chimbetete, Hon. Gonese, Hon. Makuyana M, Hon. Maramwidze Hon.

Masvaire, Hon. Matibe, Hon. Maposhere, Hon. Mbwembwe, Hon. Moyo R, Hon.

Munjeyi, Hon. Mutomba, Hon. Muza, Hon. Navaya, Hon. Nemadziva, Hon.

Ngwenya, Hon. Nyamudeza, Hon. Sai, Hon. Sindi, Hon. Tazviona, Hon.

Zhuwao, Hon. Zinyemba. - Clerk Ms Mushunje

 

 

At 1000hrs in Committee Room No. 3

 

             Women, Youth, Gender and Community Development –  Hon Matienga            (Chairperson)

Hon. Chibaya, Hon. Chitima, Hon. Chirume, Hon. Chitima, Hon. Dzingirayi, Hon. Goto, Hon. Kagurabadza, Hon. Masukume, Hon Masaiti, Hon. Matienga, Hon. Mahlangu, Hon. Mharadza, Hon. Navaya, Hon. Nyamupinga, Hon.

Shirichena, Hon. Sithole A.  Clerk Mr Kunzwa

 

At 1000hrs in Committee Room No. 4

 

Education, Sports and Culture- Hon. Mangami (Chairperson)

Hon. Bhasikiti, Hon. Chihota, Hon. Chimhini, Hon. Chitando, Hon. Dumbu,

Hon. Haritatos, Hon. Kumalo Marvellous, Hon. Khumalo S., Hon. Madubeko, Hon. Mangami, Hon. Mhashu F.G, Hon. Mudzuri H, Hon. Mupukuta, Hon.

Muza, Hon. S.M Ncube, Hon. Nezi, Hon. Sibanda F.M. - Clerk - Ms Chikuvire

 

 

 

 

MONDAY 25TH JUNE 2012

 

At 1000hrs in Committee Room No. 1

 

            Transport and Infrastructure Development –Hon. Chebundo (Chairperson)  Hon. Baloyi, Hon. Chanetsa, Hon. Chebundo, Hon. Dongo, Hon. Dzirutwe, Hon.

Huruba, Hon. Machacha, Hon. Mandebvu, Hon. Mhlanga,                                                                    Hon. Mushore, Hon. Ncube S, Hon. Nyakudanga, Hon. Raradza, Hon. Rutsvara  Clerk Ms Macheza

 

At 1000hrs in Committee Room No. 2

 

 

             Defence and Home Affairs –  Hon. Madzore to be Chairperson

Hon. Chaderopa, Hon. Denga, Hon. Huruba, Hon. Madzore, Hon. Mafios, Hon. Mutinhiri, Hon. Ziteya, Hon. Mangena, Hon. Mhandu (Rtd) Major C, Hon. Moyo R, Hon. Mutseyami, Hon. Mwonzora, Hon. Sululu. - Clerk Mr Daniel

 

At 1000hrs in Committee Room No. 4

 

 

           Public Accounts – Hon Chinyadza to be Chairperson

Hon. Bhasikiti, Hon. Chikava, Hon. Chinyadza, Hon. Hove, Hon. Mangena, Hon. Matiza, Hon. Mbwembwe, Hon. Moyo S, Hon. Muguti, Hon. Musundire, Hon. Nyamupinga B, Hon. Sai, Hon. Sansole T, Hon. Sululu.-    Clerk Mrs Nyawo

 

At 1000hrs in Committee Room No. 311

 

             Natural Resources, Environment and Tourism – Hon. M. Dube to be

                                         (Chaiperson)

Hon. P. Dube, Hon. Bhasikiti, Hon. Chinomona, Hon. Chitima, Hon. Karenyi,

Hon. Machacha, Hon. Mahoka, Hon. Marima, Hon. Matienga, Hon. Mazikana,

Hon. Mkhosi, Hon. Ndambakuwa, Hon. Nezi, Hon. Saruwaka, Hon. Shoko M, Hon. Sibanda C.C, Hon. Sibanda P.N  - Clerk Mr Mazani 

 

At 1000hrs in Committee Room No. 311

 

 

                                         Mines and Energy –  Hon. Chindori-Chininga  (Chairperson)

Hon. Chindori-Chininga, Hon. Chinomona, Hon. Dzingirayi, Hon. Kagurabadza,

Hon. Katsande, Hon. Kay, Hon. Haritatos, Hon. Makamure, Hon. Maposhere,

Hon. Mare, Hon. Marima, Hon. Mudarikwa, Hon. Mudiwa, Hon. Mudzuri. E,

Hon. Mungofa, Hon. Munjeyi, Hon Munengami, Hon. Musvaire, Hon. Muza, Hon. Navaya, Hon. Nemadziva, Hon. Shoko H.  -  Clerk Mr Manhivi

 

At 1000hrs in Committee Room No. 3

 

            Higher Education, Science and Technology –  Hon. S.M. Ncube

                                         (Chairperson)

Hon. Chanetsa, Hon. Chitando, Hon. Dumbu, Hon. Khumalo Martin, Hon.

Kumalo Marvellous, Hon. Mafios, Hon. Maramwidze, Hon. Matamisa, Hon.

Mnkandla, Hon. Muza, Hon. S.M. Ncube, Hon. Ndhlovu A, Hon. Zhuwao.              Clerk Mrs Zenda 

 

 

At 1000hrs in Committee Room No. 

 

            Public Service, Labour and Social Welfare – Hon. Zinyemba (ChairpersonHon. Chibaya, Hon. Chirongwe, Hon. Chivamba, Hon. Goto, Hon. Gwiyo, Hon.

Khumalo T, Hon. Khumalo S.S, Hon. Mahlangu, Hon. Mudau, Hon. Sai, Hon.

Sibanda F.M, Hon. Zinyemba. - Clerk Ms Mushunje

 

At 1000hrs in Committee Room No. 4

 

            Budget, Finance and Investment Promotion – Hon. Zhanda  (Chairperson) Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. M. Dube, Hon. Kanzama, Hon. Khumalo Martin, Hon. Mashakada, Hon. Matshalaga, Hon.

Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude, Hon. Saruwaka, Hon.

Sibanda, Hon. Zhanda. - Clerk Mr Ratsakatika

 

At 1000hrs in Committee Room No. 311

 

             Public Works and National Housing – Hon. Mupukuta to be Chairperson Hon. Chimhini, Hon. Chirume, Hon. Chimbetete, Hon. Jiri, Hon. Kachepa, Hon.

Mabhena, Hon. Mbwembwe, Hon. Mudzuri H, Hon. Mupukuta, Hon.

Ndambakuwa, Hon. Ndebele G, Hon. Ngwenya, Hon. Shirichena, Hon. Sindi. -

Clerk -  Mr Mazani

 

At 1000hrs in Committee Room No. 413

 

Justice, Legal Affairs, Constitutional and Parliamentary Affairs – Hon

                                         Mwonzora (Chairperson)

Hon. Gonese, Hon. Kapesa, Hon. Mangami, Hon. Mangwana, Hon. Matiza, Hon.

Hon. Mkandla T.Z, Hon. Muchauraya, Hon. Mushonga S.L, Hon. Muza, Hon.

Mutinhiri, Hon. Mwonzora, Hon. Parirenyatwa, Hon. Shoko M, Hon. Tshuma B.

Hon Varandeni J. - Clerk Miss Zenda

 

 

 

TUESDAY 26TH JUNE 2012

 

At 1000hrs in Committee Room No. 1

 

            Health and Child Welfare – Hon. Parirenyatwa  (Chairperson)

Hon. Chebundo, Hon. Chivamba, Hon. Dube M, Hon. Kachepa, Hon. Makuyana, Hon. Maramba, Hon. Masaiti, Hon. Matamisa, Hon. Matshalaga, Hon.

Mudavanhu, Hon. Munengami, Hon. Ndebele G, Hon. Nyamupinga, Hon.

Parirenyatwa D, Hon. Shoko H, Hon. Ziyambi. - Clerk Mrs Khumalo

 

 

 

At 1000hrs in Committee Room No. 3

 

Foreign Affairs, Regional Integration and International Trade – Hon.

Mukanduri  (Chairperson)

Hon.Gumbo J.M, Hon. Chanetsa, Hon. Chirongwe, Hon. Gwiyo, Hon. Jembere, Hon. Maramwidze, Hon. Mukanduri, Hon. Muza, Hon. Ndlovu A, Hon.

Ngwenya, Hon. Rutsvara, Hon. Sibanda D, Hon. Sindi, Hon. Tshuma. - Clerk

Mr Chiremba

 

At 1000hrs in Committee Room No. 2

 

 

            State Enterprises and Parastatals Management – Hon. Mavima     

                                         (Chairperson)

Hon. Chikwinya, Hon. Kagurabadza, Hon. Matibe, Hon. Mavima, Hon.

Maramba, Hon. Mlilo, Hon. Mkhosi E, Hon. Mushore, Hon. Ndava, Hon.

Ngwenya, Hon. Sibanda P N, Hon. Ziteya, Hon. Ziyambi. -  Clerk Ms Chikuvire

 

 

At 1000hrs in Committee Room No. 2

 

                                         Industry and Commerce – Hon. Mutomba  (Chairperson)

Hon. Chihota, Hon. Dube P, Hon. Hove, Hon. Kanzama, Hon. Madubeko, Hon.

Matshalaga, Hon. Madzimure, Hon. Mavima, Hon. Mharadza, Hon. Mutomba, Hon. Nyaude, Hon. Sansole, Hon. Sithole.  -  Clerk Miss Masara

 

 

At 1000hrs in Committee Room No. 311

 

 Agriculture, Water, Lands and Resettlement – Hon Jiri (Chairperson) Hon. Chinomona, Hon Denga, Hon. Dube P, Hon. Dube M, Hon. Jiri, Hon. Katsande, Hon. Mahoka, Hon. Makamure, Hon. Makuyana, Hon. Mkhosi E, Hon. Mlambo, Hon. Mlilo, Hon. Raradza, Hon. Sai, Hon. Varandeni, Hon.

Zhanda. - Clerk Mr A. Mutyambizi

 

 

At 1000hrs in Committee Room No. 4

 

Local Government, Rural and Urban Development – Hon. Karenyi 

(Chairperson)

Hon. Baloyi, Hon T.S. Chambati, Hon. Karenyi,   Hon. Dube M, Hon. Garandi, Hon. Kapesa, Hon. Matimba, Hon. Mudzuri E., Hon. Musvaire, Hon. Mudau,

Hon. Mkandla T.Z, Hon. Nyakudanga, Hon. Samkange. - Clerk Mr Daniel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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