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NATIONAL ASSEMBLY VOTES 13_DECEMBER_2005_NO._35

ADVANCE COPY-UNCORRECTED

No. 35

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________

FIRST SESSION – SIXTH PARLIAMENT

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TUESDAY, 13^th DECEMBER, 2005

_________________

Quarter-past two o’clock p.m. Mr Speaker in the Chair

PRAYERS

Members Present

N.B. Printer please insert all ticked names in column form.

Absent with leave

Nyambuya M. R.

Matutu T.A.

Chindori-Chininga E. T.

Mutezo M.T.A.

Printed by Order of the House

Committee nominated-

Standing Rules and Orders Committee:

Hon T. Khupe, Hon P. Misihairabwi-Mushonga, Prof. W. Ncube

Committee nominated-

Parliamentary Legal Committee:

Hon. Majange, Hon Senator Mahere, Hon Senator Mapfumo, Hon. Gonese, Hon W. Ncube.

The Minister of Justice, Legal and Parliamentary Affairs moved: That provisions of Standing Order No. 21 regarding the automatic adjournment of the House at five minutes to seven o’ clock p.m. and at twenty five minutes past one o’ clock p.m. on Friday be suspended with effect from today, Tuesday 13^th December 2005, until all business relating to the National Budget has been disposed of.

Motion put and agreed to.

The Minister of Justice, Legal and Parliamentary Affairs moved: That provisions of Standing Orders No.s 105 and 106 regarding procedures in respect of reports from the Parliamentary Legal Committee and stages of Bills respectively, be suspended in respect of the Finance Bill (No. 2) [H.B. 15, 2005] ad the Appropriation (2006) Bill [H.B. 16, 2005].

Motion put and agreed to.

Adjourned debate on motion for leave to bring in a Finance Bill (adjourned 1^st December 2005 – The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 1]

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

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until tomorrow.

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at five minutes to four o’clock in m. until Tuesday 13 December 2005 at a quarter-past two o’clock in the afternoon.

L. NKOMO Speaker.

TUESDAY, 13^TH DECEMBER 2005

ORDERS OF THE DAY AND NOTICES OF MOTION

Adjourned debate on motion for leave to bring in a Finance Bill (adjourned 13^th December 2005 – The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 2]

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

COMMITTEE: Consideration of an Adverse report by the Parliamentary Legal Committee on the Education Amendment Bill (H.B. 6, 2005) – W. Ncube.

Baloyi

Mr. Matuke

That this House:

Conveys its profound gratitude to His Excellency, the President for his 18^th State of

the Nation Address to Parliament;

Expresses its commitment to and support for the views contained in his address; and

That a respectful address be presented to His Excellency the President, informing him of the sentiments of the House.

Adjourned debate on motion in reply to the Presidential Speech (adjourned 11^TH October 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

[Time elapsed: 6 hours 23 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- Mr Mzembi.

Adjourned debate on motion on the First Report of the Portfolio Committee on Health and Child Welfare on the Half Year Budget Performance of the Ministry of Health and Child Welfare [S.C. 6, 2005] – (Adjourned 2^nd November 2005) – The Minister of Justice, Legal and Parliamentary Affairs.

[Day elapsed: 1]

Question proposed: That this House Takes note of the First Report of the Portfolio Committee on Health and Child Welfare on the Half Year Budget Performance of the Ministry of Health and Child Welfare [S. C. 6, 2005] – Mr Chebundo.

Resumption of debate on motion on the First Report of the Portfolio Committee on Lands, Land Reform, Resettlement and Agriculture on the State of

Preparedness by the Agricultural Sector for the 2005/ 6 Summer Crop Season

[S. C. 5, 2005] – (Interrupted 2^nd November 2005) – Ms Mugabe

[Day elapsed: 1]

Question proposed: That this House Takes note and adopts the First Report of the Portfolio Committee on Lands, Land Reform, Resettlement and Agriculture on the State of Preparedness by the Agricultural Sector for the 2005 / 6 Summer Crop Season [S.C. 5 – 2005] – Mr Mzembi .

COL MAKOVA

MR MADZIMURE

That this House-

Takes note of the First Report of the Portfolio Committee on Defence and Home

Affairs on the Half Year Budget Performance of the Ministry of Home Affairs. (S.C. 7, 2005).

Adjourned debate on the motion on the death of Retired Air Chief Marshal Josiah Thomas Tungamirai (Adjourned 1 November 2005 –The Minister of Justice, Legal and Parliamentary Affairs)

[Day elapsed:1]

Question proposed: That this House -

EXPRESSES its deepest sorrow on the death of the Minister of State responsible for Indigenisation and Empowerment and Member of Parliament for Gutu North, the Retired Air Chief Marshal, Josiah Thomas Tungamirai;

PLACES on record its uttermost appreciation of the dedication and the valuable services which the late Minister selflessly rendered to Zimbabwe, the Government and Parliament;

APPLAUDS the befitting tribute and honour bestowed on the dedicated cadre of the soil by declaring him a National Hero;

RESOLVES that its deepest and heartfelt sympathy be conveyed to Mrs. Pamela Tungamirai and family – Col Makova.

Adjourned debate on motion on Mr Morgan Tsvangirai’s anti-government and anti-Zimbabwe campaign (adjourned 13^th October 2005 - The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed:1]

Question proposed: That this House -

RECALLING that since the defeat of his party, the Movement for Democratic Change (MDC), in the 2000 general elections, Mr Morgan Tsvangirai embarked upon an anti-government and anti-Zimbabwe campaign amongst western countries;

NOTING that Mr Tsvangirai has persistently advocated and campaigned for sanctions against Zimbabwe;

ALSO RECALLING that Mr Tsvangirai has called for a violent removal of the ZANU (PF) Government through orchestrated but failed mass action, mass stayaways and the so-called final push;

AWARE that the British Prime Minister, Mr. Tony Blair, has unequivocally stated in the House of Commons that he is working with Mr. Tsvangirai’s MDC party and other unnamed groups in the SADC region for a regime change in Zimbabwe;

OBSERVING that Mr. Tsvangirai and the entire MDC leadership has traversed the entire continent, Europe and North America to campaign for the extension and intensification of sanctions against Zimbabwe;

NOW THEREFORE:

CONDEMNS in the strongest terms the persistent unpatriotic behaviour bordering on treason by Mr. Tsvangirai manifested in his recent appeal to, and threats against, South African companies investing in Zimbabwe and the cutting off of electricity and communication links between Zimbabwe and South Africa in order to bring about economic collapse and regime change.

EQUALLY CONDEMNS the like-minded Zimbabwe Congress of Trade

Union’s (ZCTU) support for an international ban on asbestos;

CALLS UPON all patriotic Zimbabweans to rally behind the Government and the Reserve Bank of Zimbabwe economic turn-around programme and consolidation of the land reform programme- Mr. Chiota.

Adjourned debate on motion on unequal development patterns between constituencies (adjourned 12^th October 2005 - The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 2]

Question proposed: That this House-

NOTING the uneven and unequal development patterns between constituencies;

DISTURBED at the lack of decisive capital allocations to the 120 Parliamentary constituencies;

AWARE of the limited capacity of constituencies and their Members of Parliament to source development and capital funds;

CALLS UPON Government to ensure that starting with the 2006 National Budget, resources are evenly and equitably allocated to each constituency for development and capital projects;

OBLIGES Government to create conducive conditions to mobilize domestic and international resources in support of constituency development;

CALLS UPON Government to consult and involve Members of Parliament and the Constituency Development Committees in constituency project prioritisation – Mr Mushoriwa

Adjourned debate on motion on the Report of the fact-finding mission to Zimbabwe to assess the scope and impact of operation Murambatsvina by the

United Nations (UN) Special Envoy on Human Settlements. (adjourned 12^th October 2005 – The Minister of Justice, Legal and Parliamentary Affairs).

[ Days elapsed:3]

Question proposed: That this House-

NOTING the publication of the “Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina” by the UN Special Envoy on Human Settlements in Zimbabwe, Mrs Anna Kajumulo Tibaijuka.

RECALLING that the Mission and its terms of reference were agreed at the highest levels between the Secretary General of the United Nations and His Excellency the President of the Republic of Zimbabwe and therefore had the blessing of the Government of the Republic of Zimbabwe.

APPRECIATING that the Report acknowledges Government’s position that it undertook Operation Murambatsvina to “clean up the cities of illicit activities:, have cities without slums and “secure people’s long term interests in line with the goal of the United Nation Habitat Agenda”,

CONCERNED that, according to the Report, while purporting to target illegal dwellings and structures and to clamp down on alleged illicit activities, the Operation was carried out in an indiscriminate and unjustified manner with indifference to human suffering and with disregard to several provisions of national and international laws such that it will take several years before the affected people and society as a whole recover;

ALARMED by the Mission’s findings that the Operation has precipitated a humanitarian crisis of immense proportions affecting an estimated 700,000 people across the country who have either lost their homes or livelihood or both while indirectly affecting an estimated 2,4 million other people bringing the estimated total of those affected close to 18% of the population;

FURTHER ALARMED that, according to the Mission’s findings, evidence suggests that the Operation was based on improper advice by a few architects of the Operation;

URGES Government to focus on implementing the progressive recommendations of the Mission and to work with the international community through the United Nations to specifically address the plight of 18% of Zimbabwe’s population affected by the Operation as matter of urgency;

CALLS on government to immediately set up an independent commission of inquiry in terms of the laws of Zimbabwe to identify those whose properties or livelihood were destroyed and to determine who orchestrated the humanitarian crisis in order to hold accountable those responsible and to enable the prosecution of those who caused criminal negligence leading to deaths during the Operation;

FURTHER CALLS on Government to immediately compensate those whose properties or livelihood were unlawfully destroyed during the Operation-Prof

Moyo

Amendment proposed by Mr Butau

To delete all the words after “House” and to substitute the following:

“NOTING that our cities, towns and other places were characterized by rampant crime, general disorder, moral decay and a serious threat to public health;

APPRECIATING that Government undertook Operation Murambatsvina to

clean up the cities of illicit activities; rid the cities of slums and secure people’s long-term interest in line with the goal of the United Nations Habitat Agenda;

NOTING that the Report of the UN Secretary General’s special envoy, Mrs Anna

Kajumulo Tibaijuka’s Fact-finding Mission to assess the scope and impact of

“Operation Murambatsvina” lacks a balanced reflection of the reality on the ground;

RECALLING that the British Prime Minister, Mr Tony Blair, who is obsessed with regime change and demonization of the President, Cde R.G. Mugabe and Zimbabwe, in keeping with his character, made a prophetic prediction that Mrs Tibaijuka would produce a “good report”;

WELCOMING the UN Secretary General, Mr Kofi Annan’s acceptance of His Excellency, the President, Cde R.G. Mugabe’s invitation to visit Zimbabwe and see for himself the situation on the ground;

NOW THEREFORE:

APPLAUDS Government for its openness and transparency in accepting the visit of the UN Secretary General’s special envoy, Mrs Tibaijuka’s Fact-finding Mission and for cooperating with the Mission;

WELCOMES the UN Secretary General, Mr Kofi Annan for refusal to be dictated to by the Chair of the Security Council, Greece, obviously working with Zimbabwe’s known enemies;

CONGRATULATES the People’s Republic of China and the United Republic of Tanzania for their principled and resolute stand against attempts to place the matter before the Security Council;

CALLS UPON progressive nations to reject the continued habitual application by certain western countries of double standards against Zimbabwe for asserting its sovereignty and righting colonial imbalances and to condemn them for their silence on, and acquiescence to, similar events elsewhere and flagrant violations of the UN Charter and resolutions – Mr Butau

Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 12^th October 2005 - The Minister of Justice, Legal and

Parliamentary Affairs)

[Days elapsed: 7]

Question proposed: That this House-

TAKING NOTE of the massive food, drugs, foreign currency and energy shortages;

CONCERNED with the continued unabated collapse of the public amenities in health, transport and education;

DISMAYED at the lack of any concrete, meaningful and decisive reversal programme by government;

DISTURBED by the shrinking economy and failing state particularly in areas of service provision;

RESOLVES that the government immediately addresses the critical shortages of shortages of food energy and public sector amenities;

CONDEMNS the absence of existing comprehensive monetary and fiscal reversal strategy;

FURTHER CONDEMNS the clear lack of strategy and leadership on the part of this Government – Mr. Biti

SECOND READING: Attorney General’s Office Bill (H.B. 4, 2005)-The Minister of Justice, Legal and Parliamentary Affairs.

COMMITTEE OF SUPPLY. (Main estimates of expenditure)

WEDNESDAY, 14 DECEMBER 2005

QUESTIONS FOR ORAL ANSWERS

 QUESTIONS WITHOUT NOTICE

* QUESTIONS WITH NOTICE

MR MUTSEKWA: To ask the Minister of Defence to explain:

why a detachment of fifty (50) soldiers under the command of Lt Colonel Richard Sauter is providing close security for the D.R.C. President, Joseph Kabila;

how payment of such services is being effected and the terms of this agreement; and

how long soldiers have been performing these duties and, whether they are being paid in their personal capacities.

(Deferred from Wednesday, 12^th October 2005)

MR MUSA: To ask the Minister of Transport and Communications to explain why the road shoulders on the Harare- Nyamapanda road and sections along the 26km peg on the same road have neither been surfaced nor gravelled, and indicate when this can be undertaken;

(Deferred from Wednesday, 12^th October 2005)

MR MUSA: To ask the Minister of Transport and Communications to provide statistics of road construction and surfacing programmes currently underway throughout the whole country and to indicate when they were started and when they are likely to be completed;

(Deferred from Wednesday, 12^th October 2005)

MR. BALOYI: To ask the Minister of Transport and Communication to state:

when the phone lines at Malilati and Chikombedzi in Chiredzi South Constituency which were damaged by Cyclone Elline will be repaired as these phones have not been functioning since then.

the measures that are in place to improve radio and television reception in such areas as Chikombezi, Malipati, Gezamo and Whahwata in Sengwe Area.

when Netone will establish boosters or base stations for the mobile network in Chiredzi South Constituency.