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NATIONAL ASSEMBLY VOTES 14_DECEMBER_2005_NO._36

ADVANCE COPY-UNCORRECTED

 

 

No. 36

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

 

_________________

 

 

FIRST SESSION – SIXTH PARLIAMENT

 

_________________

 

 

WEDNESDAY, 14^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.

Mumbengegwi S.

 

Printed by Order of the House

 

1. Speaker informed Honourable Members that the revised Standing Orders for the House of Assembly were now available in the Papers Office. The revised Standing Orders were prepared in order to comply with the provisions brought about by the Constitution of Zimbabwe Amendment (No. 17) Act.  Honourable Members were urged to collect copies of the Standing Orders from the Papers Office and to sign for them.  Members who wish to propose amendments to the Standing Orders should lodge them with the Clerk by Friday 23^rd December 2005.  If no submissions are received by that date the Standing Orders would be deemed to have been adopted by the House.

 

2. The Speaker informed Honourable Members that the Minister of Education, Sport and Culture would be presenting the proposed National Dress to Honourable Members in the Parliament Courtyard tomorrow at 1200 noon. Members were invited to attend.

 

3. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That questions without notice and questions with notice stand over until Orders of the Day Nos. 1 and 2 for today have been disposed of.

 

Motion put and agreed to.

 

4. 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).

 

[Time elapsed: 3 hours]

 

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 Finance:  Debate adjourned until tomorrow.

 

 

5. Reports from the Parliamentary Legal Committee NOT being adverse reports on the following bills and statutory instruments –

Date received

 

Africa Export-Import Bank Membership of Zimbabwe   and Branch Office Agreement Bill (H.B. 2, 2005)  

 

            Zimbabwe United Passenger Company (Debt Assumption) 

Bill  (H.B. 12, 2005) 

 

Second reading – Thursday

 

All Statutory Instrument published in the Gazettee during the months of October and November 2005 ………….14 December 2005.

 

 

5. COMMITTEE OF SUPPLY (Main Estimates of Expenditure - 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,  and 27).

 

(House in Committee)

 

Main Estimates of Expenditure for the year ending 31^st December 2006.

 

Vote No. 1 – “President and Cabinet” $4 698 788 503 000, put and agreed to.

 

Vote No. 2 – “Parliament of Zimbabwe” $838 765 562 000, put and agreed to.

 

Vote No. 3 – “Public Service, Labour and Social Welfare” $5 471 418 936 000, put and agreed to.

 

Vote No. 4 – “Defence” $8 148 865 947 000, put and agreed to.

 

Vote No. 5 – “Finance” $20 475 142 998 000, put and agreed to.

 

Vote No. 6 – “Vote of Credit”

 

Vote No. 7 – “Audit ” $61 928 379 000, put and agreed to.

 

Vote No. 8 – “Industry and International Trade” $115 318 792 000, put and agreed to.

 

Vote No. 9 – “Agriculture” $3 084 888 621 000, put and agreed to.

 

Vote No. 10 – “Mines and Mining Development” $333 866 198 000, put and agreed to.

 

Vote No. 11 – “Environment and Tourism ” $422 837 253 000, put and agreed to.

 

Vote No. 12 – “Transport and Communications” $3 452 838 143 000  ,put and agreed to.

 

Vote No. 13 – “Foreign Affairs ” $741 387 491 000, put and agreed to.

 

Vote No. 14 – “Local Government, Public Works and Urban Development” $3 603 461 145 000, put and agreed to.

 

Vote No. 15 – “Health and Child Welfare” $8 110 431 506 000, put and agreed to.

 

Vote No. 16 – “Education Sport and Culture” $16 432 352 824 000, put and agreed to.

 

Vote No. 17 – “Higher and Tertiary Education” $7 183 344 578 000, put and agreed to.

 

Vote No. 18 – “Youth Development and Employment Creation” $375 089 426 000  ,put and agreed to.

 

Vote No. 19 – “Home Affairs” $5 948 659 630 000, put and agreed to.

 

Vote No. 20 – “Justice, Legal and Parliamentary Affairs” $2 677 965 568 000, put and agreed to.

 

Vote No. 21 – “Information and Publicity”  $140 140 602 000 put and agreed to.

 

Vote No. 22 – “Small and Medium Enterprises Development” $110 964 664 000, put and agreed to.

 

Vote No. 23 – “Energy and Power Development” $35 240 317 000, put and agreed to.

 

Vote No. 24 – “Economic Development” $224 898 521 000  ,put and agreed to.

 

Vote No. 25 – “Science and Technology” $188 676 396 000, put and agreed to.

 

Vote No. 26 – “Women’s Affairs, Gender and Community Development” $84 973 093 000, put and agreed to.

 

Vote No. 27 – “Rural Housing and Social Amenities” $147 251 621 000, put and agreed to.

 

Main Estimates of Expenditure to be reported without amendment

 

(House resumed)

 

Main Estimates of Expenditure reported without amendment

 

Adoption of report – tomorrow.

 

6. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at eighteen minutes past six o’ clock p.m.

 

 

 

 

 

1. L. NKOMO Speaker.

 

 

 

 

THURSDAY, 15 DECEMBER 2005

             

            ORDERS OF THE DAY AND NOTICE OF MOTION

 

1. Adjourned debate on motion for leave to bring in a Finance Bill (adjourned 14^th December 2005 – The Minister of Finance).

 

[Time elapsed: 5 hours 20 mins]  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

 

2. ADOPTION: Report of the Committee of Supply on the 2006 Budget Estimates.

 

3. SECOND READING: Africa Export-Import Bank Membership of Zimbabwe and Branch Office Agreement Bill (H.B. 2, 2005) – The Minister of Finance.   

 

4. SECOND READING: Zimbabwe United Passenger Company (Debt Assumption) Bill  (H.B. 12, 2005) – The Minister of Local Government, Public Works and Urban Development.

 

5. Adjourned debate on motion in reply to the President’s State of the Nation Address

(Adjourned 13^th December 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

 

[Day elapsed: 1]

 

            Question proposed. 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 – Mr Baloyi

 

 

6. 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.

 

7. 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.

 

 

8. 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 .

 

9. 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).

 

10. 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.

 

11. 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.

12. 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 

 

13. 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  

 

14. 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

 

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

 

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

 

 

 

 

 

 

 

WEDNESDAY, 21 DECEMBER 2005

 

 

QUESTIONS FOR ORAL ANSWERS 

 

 QUESTIONS WITHOUT NOTICE

*    QUESTIONS WITH NOTICE

 

 

1. 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)

 

2. 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)

 

3. 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)

 

4. 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.

 

(Deferred from Wednesday, 12^th October 2005)

 

5. MR. CHANDENGENDA: To ask the Minister of Transport and Communications to:

• explain whether he is aware that the Karoi-Binga Road and the two bridges on that road over the Gunguhwe River were washed away and have hampered

development in the Omay Communal Lands as there is no public transport to ferry the people and drought relief

• state when the two bridges will be constructed in view of the coming rainy season and given that the cost of construction is around $8 billion dollars
• explain whether he is aware that professionals such as doctors, trained nurses and teachers are refusing to work in the area due to the poor transport network.

 

6. Mr. MUSA: To ask the Minister of Transport and Communications to explain;

 

1. whether his ministry is aware of black spots along our major highways where accidents regularly occur and if so, what measure the Ministry has put in place to avert more accidents.

 

1. the extent to which these measures have worked in reducing the road carnage.

 

(Deferred from Wednesday, 12^th October 2005)

 

7. MR MUSA: To ask the Minister of Transport and Communications to explain whether there is new legislation prohibiting the ministry from removing dead animals hit by vehicles along our highways and if so to explain to the House the policy, given the fact that two cows are decomposing at the 49km peg along the Harare-Nyamapanda highway.

 

(Deferred from Wednesday, 12^th October 2005)

 

8. MR. BALOYI: To ask the Minister of  Water Resources and Infrastructural Development to state the measures that are in place to repair, replace or drill new boreholes in Chiredzi South as most boreholes are no longer functioning.

 

(Deferred from Wednesday, 12^th October 2005)

9. MR. BALOYI: To ask the Minister of Education, Sports and Culture to state the measures in place to assist parents in new resettlement areas to build decent schools.

(Deferred from Wednesday, 12^th October 2005)

 

10. MR MUTSEKWA: To ask the Minister of Local Government, Public Works and Urban Development to

 

1. confirm press reports that he threatened civil servants engaged in the construction of houses under the government’s “Operation-Garikai” for dereliction of duty and warned that he would deploy soldiers to forcibly make them perform whilst addressing senior civil servants at Chinhoyi Training Centre.

 

1. explain to this House if his threats helped to confirm the widely held view that the ZANU PF government uses the national army to terrorize defenseless civilians instead of defending them.

 

1. explain to this house the law that empowers the military to punish civil servants.

 

(Deferred from Wednesday, 12^th October 2005)

 

11. SANSOLE: To ask the Minister of Local Government, Public Works and Urban Development to explain why progress at Hwange District Hospital is at a stand still and whether he is aware that the building has actually developed cracks before completion.

 

12. MUSA: To ask the Minister of Energy and Power Development whether the ministry has a policy on the distribution of electricity and to explain how the electricity that we import from the neighbouring countries i.e. Mozambique, South Africa Democratic Republic of Congo and Botswana is equitably distributed.

 

(Deferred from Wednesday, 12^th October 2005)

 

13. MR. MUSA: To ask the Minister of Energy and Power Development to explain:

 

1. the criterion used in the selection of the ZESA Board.

 

1. the terms of reference of the ZESA board.

 

1. the job description of the board members and how effective the board has been in its service delivery.

 

14. MR MUSA: To ask the minister of Energy and Power Development to justify the billing of electricity to the City of Harare in view of the fact that about 50% of the street lights are not working, particularly in the high density areas and roads around Kambuzuma and Mufakose and other areas and to state whether Harare City Council has not been prejudiced billions of dollars in unjustified billings.

 

(Deferred from Wednesday, 12^th October 2005)