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NATIONAL ASSEMBLY VOTES 16 DECEMBER 2022 NO 9

 ADVANCE COPY- UNCORRECTED

No. 9

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIFTH SESSION – NINTH PARLIAMENT

 

_________________

 

FRIDAY, 16TH DECEMBER, 2022

_________________

 

Twenty past nine o’clock pm

The Speaker in the Chair

 

Prayers

 

Members Present

 

Banda G;

Banda S,

Bhuda S,

     Biti L T

Bushu B.,

Bvute O.,

Chadzamira R. E.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

      Chibaya A            

Chidakwa J.,

Chidamba S.,

      Chidziva H           

Chihururu C.,

      Chikombo W       

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwinya S        

Chimbaira G.,

Chimina L.,

Chimwanza J.

Chinotimba J.,

Chinyanganya M.,

Chipato A, 

Chitura L,

      Chiwetu J Z          

Chombo M,

Dube B,

Dube G,

Dube M.,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Gonese I T,

Gorerino O.,

Gozho C,

Gumbo J. M.,

Gwanetsa K. K.,

Gwanongodza E.,

Hamauswa S.,

      Hungwe T

      Hwende C

Jaja J.,

January S.

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karumazondo M. T.,

Kashiri C.,

Khumalo M.,

Khumalo S. S.,

Kwaramba G.,

Labode M. R.

Machando P.,

Machingauta C.

Machingura R,

      Madzimure W

Madziva S.,

Mafuta S. V.,

 Mago N,

      Mahlangu S

      Makari Z H

Makone S.

Makoni R R,

Makonya J,

      Makope M

Mamombe J,

Mandiwanzira S C,

Mangora B.,

Maphosa L.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Masenda N. T,

Mashakada T.

      Masoka N

Masuku P.,

      Masvisvi D

      Matambo J

Matangira T. R,

Mataranyika D. M.,

Mataruse P.,

      Matewu C

Mathe S,

Matsikenyere N.,

      Matsunga S

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondiah M,

Mchenje S. M.,

Mguni Hlalani

Mguni N,

Mguni S K,

Miranzi B.

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa M T,

Mliswa T P

Mnangagwa T. M.,

Mokone S,

Molokele-Tsiye F D,

Moyo C.,

Moyo E,

Moyo L.

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Moyo T.,

Mpame C.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mudau M

Mudyiwa M.,

      Mugadza M

Mugweni C. T.,

Mukapiko D. L.,

Munetsi J.,

Munochinzwa M.

Muponora N.,

      Murai E

Murambiwa O,

Murire J, Rtd. Col. Dr

Musabayana D.,

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

      Mutsenyami C P

Ncube E.,

      Ncube M

Ncube Soul,

Ndebele A.,

Ndebele V

Ndiweni D.,

Ndlovu M.N

Ndlovu S.,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhari V,

Nkani A.,

Nkomo M,

Nyabani T,

Nyabote R. 

Nyamudeza S,

Nyashanu M. Dr,

Nyathi E.

Nyathi R. R,

Nyika F

Nyokanhete J,

Nyoni I,

Paradza J,

Paradza K.,

      Phulu K I

Raidza M.,

Rungani A,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samukange J. T.,

Sansole T. W.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

      Sibanda D P

Sibanda L.

Sibanda M.,

Sibanda O.,

Simbanegavi Y.,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole S,

Svuure D,

      Tarusenga U D

Tekeshe D.,

Tembo M

      Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tsuura N.,

Tsvangirai Vincent

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zemura L,

Zhou P,

Zhou T,

      Ziyambi ,

      Zizhou M

Zwizwai M

 

 

 

 

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

 

   Printed by Order of the House

 

 

 

 

Absent with leave

Hon. Mutsvangwa M.

           

  1. 1. Resumption of Committee of Supply: (Progress reported 15th December 2022- The Minister of Justice, Legal and Parliamentary Affairs)

                                                                                   

                                                                                 [Time elapsed: 1 hour 52 minutes)

 

Main Estimates of Expenditure –  Votes Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 35 and 5).

 

(House in Committee)

 

            Vote No. 14 – Health and Child Care, $473 758 209 000, put and agreed to.

 

            Vote No. 15 – Primary and Secondary Education, $631 279 722 000, put and

            agreed to.       

 

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

            Technology Development, $156 509 466 000, put and agreed to.          

 

            Vote No. 17 – Women Affairs, Community, SMEs Development, $18 541 814             000, put and agreed to.           

 

            Vote No. 18 – Home Affairs and Cultural Heritage, $293 009 806 000, put and

             agreed to.      

 

            Vote No. 19 – Justice, Legal and Parliamentary Affairs, $120 333 701 000,                              put,

 

            The Minister of Finance and Economic Development, moved:

 

            To increase Vote No. 19 by $500 000 000 towards Prisons and

            Correctional Services.

 

            Amendment put and agreed to.

 

            Vote 19, as amended put and agreed to.      

 

            Vote No. 20 – Information, Publicity and Broadcasting Services, $8 619 877      000, put,

           

The Minister of Finance and Economic Development, moved:

 

            To increase Vote No. 20 by $1, 500 000.     

 

            Amendment put and agreed to.

 

            Vote, No. 20 as amended put and agreed to.

 

            Vote No. 21–Youth, Sport, Arts and Recreation, $25 136 050 000, put,

           

The Minister of Finance and Economic Development, moved:

 

            To increase Vote No. 21 by $200 000 000 towards the Empower Bank.

 

            Amendment put and agreed to.

 

            Vote No. 22– Energy and Power Development, $15 468 309 000, put and agreed to.       

 

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

            $17 386 696 000, put and agreed to.

 

          Vote No. 24–National Housing and Social Amenities, $27 679 072 000, put and

           agreed to.        

 

          Vote No. 25– Judicial Services Commission, $37 940 833 000, put and agreed             to.

           

          Vote No. 26 – Public Service Commission, $107 473 955 000, put and agreed             to.

 

          Vote No. 27 – National Council of Chiefs, $4 150 000 000, put and agreed to.          

          Vote No. 28 – Human Rights Commission, $4 740 600 000, put and agreed to.

 

          Vote No. 29 – National Peace and Reconciliation Commission, $2 957 230 000,             put and agreed to.

 

          Vote No. 30 – National Prosecuting Authority, $11 341 414 000, put and agreed   

  1.         

 

          Vote No. 31 –Zimbabwe Anti-Corruption Commission, $7 378 820 000, put and

          agreed to.

 

          Vote No. 32 –Zimbabwe Electoral Commission, $101 648 031 000, put and    agreed to.       

 

          Vote No. 33 –Zimbabwe Gender Commission, $3 485 660 000, put and agreed            to.

           

          Vote No. 34 – Zimbabwe Land Commission, $10 372 281 000, put and agreed to.       

 

          Vote No. 35 –Zimbabwe Media Commission, $2 616 446 000, put and agreed            to.

 

The Minister of Finance and Economic Development, moved: That the Committee reverts to Vote No. 5.

 

            Motion put and agreed to.

 

Vote No. 5 put,

 

The Minister of Finance and Economic Development, moved:

           

To reduce the Unallocated Reserve by $4 700 000 000.

 

Amendment put and agreed to.

 

Main Estimates of Expenditure to be reported with amendments.

 

(House resumed)

           

           Main Estimates of Expenditure reported with amendments.

 

            Adoption of Report – forthwith.

 

            Report of the Main Estimates of Expenditure, adopted.

 

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

 

  1. The Minister of Finance and Economic Development presented a Bill to apply a sum of money for the service of Zimbabwe during year ending on the 31st             December, 2023—Appropriation (2023) Bill (H.B. 14, 2022).

 

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

 

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

                                                                                                      Date received

 

Finance (No. 2) Bill (H.B. 13, 2022) …………………….16th December 2022.

 

Seconding Reading-forthwith.

 

  1. second reading: Finance (No. 2) Bill (H.B 13, 2022)- The Minister of Finance and Economic Development

 

Bill read a second time. Committee, forthwith.

 

                                                (House in Committee)

 

Clauses 1 and 2, put and agreed to.

 

On Clause 3,

 

The Minister of Finance and Economic Development, moved:

 

On page 4 of the Bill, in line 24, to insert after the word “subsection (3)”, the words “without a valid reason”.

 

 On page 4 of the Bill, to delete sub-clause 4C.

 

Amendment put and agreed to.

 

Clause 3, as amended, put and agreed to.

 

On Clause 4,

 

The Minister of Finance and Economic Development, moved:

 

On page 5 of the Bill, between lines 16 and 29, to delete items (i) to (vi) and substitute with the following-

 

“(i)   so much as does not exceed one million one hundred  

thousand dollars;

(ii) so much as exceeds one million one hundred thousand dollars but does not exceed three million eight hundred and forty thousand dollars;

                       (iii) so much as exceeds three million eight hundred and forty thousand dollars but does not exceed six million five hundred and seventy-six thousand dollars;

  • so much as exceeds six million five hundred and seventy-six thousand dollars but does not exceed nine million three hundred and twelve thousand dollars;

                             

  • so much as exceeds nine million three hundred and twelve thousand dollars but does not exceed twelve million dollars;
  • so much as exceeds twelve million dollars;”.

 

Amendment put and agreed to.

 

Clause 4, as amended, put and agreed to.

 

On Clause 5,

 

 

The Minister of Finance and Economic Development, moved:

 

On page 5 of the Bill, between lines 34 and 43, to delete the Table and substitute with the following-

 

 

 

 

 

Section

 

 

Level of taxable income

Specified percentage %

 

 

14(2)(a)(i)

Up to $1 100 000

0

14(2)(a)(ii)

$1100 001 to $3 840 000

20

14(2)(a)(iii)

$3 840 001 to $6 576 000

25

14(2)(a)(iv)

$6 576 001 to $9 312 000

30

14(2)(a)(v)

$9 312 001 to $12 000 000

35

14(2)(a)(vi)

$12 000 001 and more

40”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amendment put and agreed to.

 

Clause 5 as amended, put and agreed to.

 

Clauses 6 to 9, put and agreed to.

 

On Clause 10,

 

The Minister of Finance and Economic Development, moved:

 

On page 7 of the Bill, in line 4, to delete the date “1st January, 2023” and substitute with the date “1st January, 2024”.

 

Amendment put and agreed to.

 

Clause 10, as amended, put and agreed to.

 

Clause 11put and deferred.

 

Clauses 12 to 22, put and agreed to.

 

The Minister of Finance and Economic Development, moved: That the Chairperson do now report progress and seek leave to sit again.

 

Motion put and agreed to.

 

(House resumed)

 

Progress reported. Committee to resume – today.

 

  1. Business suspended at twenty-four minutes past two o’clock pm.

 

  1. Business resumed at thirteen minutes to three o’clock pm and the Acting Speaker resumed the Chair.

 

  1. Resumption of Committee on the Finance (No. 2) Bill, (H. B.13, 2022)- The Minister of Finance and Economic Development.

 

(Clauses 11 and New Clause 23 under consideration)

 

(House in Committee)

On Clause 11,

 

The Minister of Finance and Economic Development, moved:

 

On page 7 of the Bill, between lines 21 and 40, to delete the paragraphs and substitute with the following-

 

In this Part—

“registrable taxpayer” means a person−

  • that is carrying on any trade; or,
  • who has registered a company, trust, pension fund or other

juristic person; but does not include—

 

  • a presumptive taxpayer, except such class of presumptive

taxpayer as may be specified in a notice   prescribed under section 25B; or

  • an employer registered as such for the purpose of the Thirteenth Schedule, except such class of employer as may be specified in a notice prescribed under section 25B.

 

 

Amendment put and agreed to.

 

Clause 11, as amended, put and agreed to.

 

On New Clause 23,

 

The Minister of Finance and Economic Development, moved:

 

On page 14 of the Bill, after line 12, to insert the new Clause 23 as follows-

 

PART VII

Parliamentary Pensions Act [Chapter 2:02]

                                    23  Amendment of section 7 of Cap. 2:02

Section 7 (“Entitlement to pension”) of the Parliamentary Pensions Act [Chapter 2:02], (hereinafter called “the principal Act”) is amended by the insertion after subsection (2) of the following subsections—

            “(3)  A person  who has reached seventy years and has served as a member of Parliament for the duration of two Parliaments, and is still continuing to serve as a member, shall be entitled to receive his or her pension, the continued services rendered afterwards being non-contributory;

            (4) If a person reaches the age of seventy years and is still serving in Parliament, but has not yet served as a member for the duration of two Parliaments, he or she may elect to continue contributing until he or she has served for the duration of two Parliaments.”.

 

            Amendment put and agreed to.

 

New Clause 23, put and agreed to.

 

Bill to be reported with amendments.

 

 

(House resumed)

 

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

 

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

            Report on the following Bill-

                                                                                                      Date received

 

Appropriation (2023) Bill (H.B. 14, 2022) ……………. ..16th December 2022.

 

Second Reading-forthwith.

 

  1. Second Reading: Appropriation (2023) Bill (H.B 14, 2022)- The Minister of Finance and Economic Development

 

Bill read a second time. Third reading, today. 

 

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

 

           

                                                                                                Date Received

 

            Finance (No.2) Bill (H.B. 13A, 2022).……………………...16th December 2022.

                                    

            Consideration – forthwith

 

            Amendments in Clauses 3, 4, 5, 10, 11 and New Clause 23, put and agreed to

 and Bill as amended, adopted.

 

Third reading – forthwith.

 

Bill read the third time.

 

  1. The Minister of Finance and Economic Development, moved: That the Appropriation (2023) Bill (H.B. 14, 2022) be now read a third time.

 

Motion put and agreed to.

 

Bill read a third time.

 

  1. Bills transmitted to the Senate-

           

                                                                                                               Date transmitted

 

            Finance (No.2) Bill (H.B. 13A, 2022)

            Appropriation (2023) Bill (H.B. 14, 2022) …………..........16th December, 2022

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That Order of the Day No. 2, for today, stands over, until Order of the Day No. 3, has been disposed of.

 

            Motion put and agreed to.

 

  1. Consideration: Private Voluntary Organisations Amendment Bill, (H. B. 10A, 2021), as amended – The Minister of Public Service, Labour and Social Welfare (Restored 7th December 2022 – The Minister of Justice, Legal and             Parliamentary Affairs).

        

            Amendments in Clauses 2, 3, 3A, 3B, 3C, 4, 5, 6A, 6B, 6C, 6D, 6E, 9A, 9B, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, put and agreed to and Bill, as amended, adopted.

 

             Third reading, with leave, forthwith.

             

             Bill read the third time.

 

  1. Bill transmitted to Senate.

 

                                                                                                              Date Transmitted

 

            Private Voluntary Organisations Amendment Bill

(H. B. 10A, 2021) ………………………………………16th December, 2022.

 

  1. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The

                    House adjourned at five minutes to four o`clock pm until Tuesday, 24th

                    January, 2023 at a quarter past two o’clock in the afternoon.

 

 

 

                                                                  HON. ADVOCATE J. F. N. MUDENDA,

                Speaker.

 

 

                                   TUESDAY, 24TH JANUARY, 2023

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

  1. Adjourned debate on motion on the Second reading of the Judicial Laws Amendment Bill, (H.B. 3. 2022) - (Adjourned 13th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

Question proposed:  That the Judicial Laws Amendment Bill, (H.B. 3. 2022)

          be now read a second time - The Minister of Justice, Legal and Parliamentary

           Affairs.

 

  1. Adjourned debate on motion on the Second reading of the National Security

Council Bill, (H.B. 2, 2022)– The Minister of Defence and War Veteran Affairs (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed:  That the National Security Council Bill, (H.B. 2, 2022) be now read a second time – The Minister of Defence and War Veteran Affairs.

 

  1. Second reading: Public Finance Management Amendment Bill, (H.B. 4, 2021)– The Minister of Finance and Economic Development (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

           

  1. Adjourned debate on motion on the Second Reading of the Children’s Amendment Bill, (H. B. 12, 2021)– The Minister of Justice, Legal and Parliamentary Affairs (Restored 7th December 2022– The Minister of Justice, Legal and Parliamentary Affairs).

 

        Question proposed:  That the Children’s Amendment Bill, (H. B. 12, 2021) be now read a second time - The Minister of Public Service, Labour and Social Welfare.

 

  1. Adjourned debate on motion on the Second Reading of the Child Justice Bill, (H. B. 1, 2021) – The Minister of Justice, Legal and Parliamentary Affairs (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed:  That the Child Justice Bill, (H. B. 11, 2021) be now read a second time – The Minister of Justice, Legal and Parliamentary Affairs.

 

  1. Adjourned debate on motion on the Second Reading of the Labour Amendment Bill, (H.B. 14, 2021)– The Minister of Public Service, Labour and Social Welfare) (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed: That the Labour Amendment Bill, (H. B. 14, 2021) be now read a second time - The Minister of Public Service, Labour and Social Welfare.

 

  1. Adjourned debate on motion on the Second reading of the Insurance Bill, (H.B.1, 2021)- The Minister of Finance and Economic Development (Restored 7th December 2022– The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed:  That the Insurance Bill, (H.B. 1, 2021) be now read a second time – The Minister of Finance and Economic Development.

 

 

  1. Second reading: Electricity Amendment Bill, (H.B. 7, 2022)– The Minister of Energy and Power Development - (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

  1. Second reading: Medical Services Amendment Bill (H.B. 1, 2022)– The Vice

President and Minister of Health and Child Care (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

  1. Committee: Institute of Loss Control and Private Security Managers Bill (H. B.

             5, 2022)- Hon. Dr. Col. (Rtd) Murire (Restored 8th December, 2022-     Hon.

             Dr. Col. (Rtd) Murire).

 

  1. 11. Second Reading:   Prisons and Correctional Services Bill, (H. B. 6, 2022)The

            Minister of Justice, Legal and Parliamentary Affairs.

 

  1. 12. Second Reading: Electoral Amendment Bill, (H.B. 11, 2022)The Minister of

            Justice, Legal and   Parliamentary Affairs

 

  1. Hon. Togarepi

         Hon. P. Zhou

 

[Days elapsed: 7]

 

             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.

 

  1. Hon. B. Dube

                 Hon. Mliswa

 

[Days elapsed: 6]

           

            That this House considers and adopts the Report of the Public Accounts Committee on non- compliance with regards to the submission of financial statements to the Auditor General by some Local Authorities (S. C. 32, 2022).

 

  1. Hon. Mataranyika

Hon. Raidza

            

[Days elapsed: 5]

 

That this House considers and adopts the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the inquiry into the state of affairs in Zimbabwe Prisons and Correctional Service Facilities and living conditions of prisoners.

 

  1. Hon. Mokone

            Hon. Nyabani

                                                                                                          [Days elapsed: 4]

 

         That this House considers and adopts the Report of the Portfolio Committee on

         Information, Media and Broadcasting Services on accreditation process of

         Media Practitioners and ZBC’s implementation plan for fair and balanced

         coverage of all Political Parties during elections. (S.C. 33, 2022)

           

  1. Hon. Mokone

            Hon.  Sithole J.

                                                                                                          [Days elapsed: 4]

 

That this House considers and adopts the Report of the Portfolio Committee on

         Information, Media and Broadcasting Services on the state of New Ziana

         (S.C.40, 2022).

 

  1. Hon. Mathe

            Hon.  Watson

                                                                                                           [Day elapsed: 1]

                                                                                               

That this House considers and adopts the Report of the Portfolio Committee on Health and Child Care on the petition from the Retail Pharmacists Association on the need to open up administrative posts in the health sector to other health professionals (S.C.43, 2022).

 

 

 

                                        WEDNESDAY, 25TH JANUARY, 2023

 

QUESTIONS FOR ORAL ANSWERS

 

♦ QUESTIONS WITHOUT NOTICE

 

 

                                 NOTICE OF AMENDMENTS

 

Institute of Chartered Loss Control and Private Security Managers Bill, (H B 5, 2022)

By Hon. Dr. Col. (Rtd) J. Murire

  1. AMENDMENT OF THE TITLE OF THE BILL

Title of the bill is amended by the deletion of the word Managers after Security and substitution with “Management” and in all instances where the title appears in the bill

  1. AMENDMENT OF CLAUSE 2

    Clause 2 of the Bill is amended—

  • on page 5 in line 11 by the insertion of the following definition—

“private security” means armed or unarmed security or protection of physical and non-physical assets including human beings, infrastructure, finances, cyber space and other forms of property provided as a service on private basis and,

          “Security Service” means security service provided by security services

             institutions established in terms of section 207 of the Constitution of  

              Zimbabwe”;

  • on page 5 in line 9 by the insertion of “guard” after “security” in the two instances in which the word “security” appears in line 9.
  1. AMENDMENT OF CLAUSE 3

Clause 3 of the Bill is amended on page 5 in line14 by the insertion of

“professional” after “practice”.

  1. DELETION AND SUSTITUTION OF CLAUSE 4

    Clause 4 of the Bill deleted and substituted by the following—

      “4. Objects of Act

(1) The objectives of this Act are to—

  • set minimum qualifications for the admission of members of the institute;
  • develop standards, guidelines, best practices and recommend regulations and a code of conduct for application by members;
  • influence the development of appropriate and relevant national loss control and private security management educational and professional training curriculum and qualification framework.
  • Promote⸻
  • the studying and practice of loss control and private security management as a profession.
  • the facilitation of sustainable skills relevance by offering mandatory continuing professional development for members;
  • compliance to practice standards established and contained in the code of conduct; and
  • professional integrity, repress malpractices including corrupt practices, increase and promote public confidence in those persons practicing or teaching the profession.
  • raise the character and status of the profession and in so doing preserve the integrity and quality of the service offered by its members;
  • provide disciplinary mechanism for breach of the code of ethics and non compliance with regulations, practice standards and guidelines;

     (2) The Institute shall exercise its functions and recommend regulations necessary to give full effect to the objectives set out in this Act (1).”.

  1. AMENDMENT OF CLAUSE 6

Clause 6 of the Bill is amended on page 6 in line 10 by the insertion of

 sub-clause (2) as follows—

                        “(2) The institute is a professional body with loss prevention occupations (including cyber security, digital, physical and forensic investigation; debt collection, risk management, loss assessment, loss control and disaster and emergency management) as its constituent elements.”

and the current clause shall accordingly be renumbered sub-clause (1).

  1. AMENDMENT OF CLAUSE 8

Clause 8 of the Bill is amended—

  • on page 6 in line 34 by the deletion of “or other relevant discipline”;
  • on page 6 in line 36 by the deletion of paragraph (a) and the substitution of the following—

        “(a) “members nominated for election are competent to implement provisions of the Act and regulations made under it and in so doing complementing the state on its obligation to provide quality loss prevention and security protection service to citizens; and”

  • on page 7 in line 19 by the insertion of “and approved by the minister” after the word “nominated”.
  1. AMENDMENT OF CLAUSE 13 AND INSERTION OF NEW PARTS

The Bill is amended on page 9 in line 44 —

  • by the insertion of a sub-clause (3) to clause 13—

                         “(3)  Any person may inspect the register and make copies of any entry

             there in at all reasonable times upon payment of such fee as may be

prescribed.”; and

  • by the insertion of new Parts IV and V after clause 13 as follows—

PART IV

PRACTICING CERTIFICATES

  1. Prohibition against practice without practicing certificate

(1)  Subject to subsection 2and to 3 no person shall practice as a chartered loss control manager or chartered private security manager, whether directly or indirectly, by himself or herself or in partnership or association with any other person, except in accordance with the terms and conditions of a valid practice certificate which authorizes him/her to practice as a chartered loss control manager or chartered private security manager as the case may be.

(2) Subsection (1) shall not apply to anything done by a registered person which he could lawfully do as an unregistered person in terms of section 26

 

(3)  Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or both such fine and imprisonment.

 

(4)  Conviction for any offence under subsection 3 shall not be a bar to a further prosecution or conviction if the offence continues.

 

  1. Application for practicing certificate

A person who wishes to obtain a practice certificate shall apply to the Council in the form and manner prescribed, and shall submit with his or her application such fee, certificates, documents and information as may be prescribed.

  1. Issue and refusal of practicing certificate

(1) On receipt of an application for practicing certificate in terms of section (15) the council shall issue a practice certificate to the applicant authorizing him or her to practice as a chartered loss control manager or chartered private security manager if the council is satisfied that the applicant is registered as a chartered loss control manager or chartered private security manager, as the case may be.

(2) Where an applicant who already holds a practice certificate authorizing him or her to practice as a chartered loss control manager has applied for a practice certificate authorizing him to practice as a chartered security manager the council shall require him to surrender his existing practice certificate before issuing him with a new practice certificate.

PART V

LICENSING REQUIREMENT

  1. Licensing for provision of private investigation and security guards services

(1) A registered chartered private security manager shall not whether by himself or in partnership with other or as an association engage in the practice of or offering private investigation  or security guard services unless he or she respectively-

  • Obtains a private investigators license issued by the controller of private investigators and security guards in terms of the Private Investigators and Security Guards Control Act [Chapter 27:10] and regulation made under it.
  • Obtains a security guard license issued by the controller of private investigators and security guards in terms of the Private Investigators and Security Guards Control Act [Chapter 27:10] and regulation made under it.”;

and the subsequent clauses are accordingly renumbered.

  1. DELETION AND SUBSTITUTION OF PART VI

The Bill is amended on pages 12 and 13 by the deletion of Part VI and the

Substitution as follows—

“PART VIII

GENERAL PROVISIONS

  1. Use of certain designations

       (1) A registered Chartered loss control manager shall be entitled to the use of the

designation “Chartered loss control manager” or in abbreviation as CpLM which is an

indication one is a chartered professional loss control manager.

        (2) A registered chartered security manager shall be entitled to use the designation

“Chartered security manager” or in abbreviation as CpSM which is an indication one is a

chartered professional private security manager.

 

  1. Offences by unregistered persons

                 (1)   Subject to section twenty-six no person other than a registered chartered

loss control manager shall—

  • practice as a registered chartered loss control manager; or
  • hold himself out to be a registered chartered loss control manager; or
  • use the designation or initials referred to in section 24 (1) of section

twenty-four or any other names, title, designation or letters indicating that he or she is a registered chartered loss control manager, whether by advertisement or description or in any document.

       (2) Subject to section twenty-six no person other than a registered chartered security

manager shall—

  • practice as a registered chartered security manager; or
  • hold himself out to be a chartered security manager or
  • use the designation or initials referred to in section 24 (2) or any other names, title, designation or letters indicating that he or she is a registered chartered security manager, whether by advertisement or description or in any document.

      (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence

and liable to fine not exceeding level eight or to imprisonment for a period not exceeding

one year or both fine and such imprisonment.

      (4) Conviction for any offence under subsection (3) shall not be a bar to a further

prosecution or conviction if the offence continues.

 

  1. Exemptions

    (1) Section 25 shall not prevent a person who—

  • is employed exclusively at a salary and does not carry on the business on his own account, from describing himself as a loss control manager or private security manager in relation to the undertaking in which he is employed; or
  • without receiving an fee or reward, prepares or reports on the security or loss control systems of a club, society, institute or other association not established for profit, from describing himself or herself as an private security manager or loss control manager in relation to the preparation of or reporting on such systems.

    (2) Any person in bona fide employment of—

  • a registered loss control management company; or
  • a company or partnership referred to in subsection (5) shall not be regarded as practicing as a chartered loss control manager or as holding himself or herself out to be a registered chartered loss control manager for the purpose of section twenty-five in respect of anything done in the course of such employment while under the direction or control of registered chartered loss control manager

(3) Any person in bona fide employment of—

  • a registered security management company; or
  • a company or partnership referred to in subsection (5) shall not be regarded as practicing as a chartered private security manager or as holding himself or herself out to be a registered chartered private security manager for the purpose of section twenty-five in respect of anything done in the course of such employment while under the direction or control of registered chartered private security manager.

    (4) Section twenty-five shall not apply to any person in the full-time employment of

the State, a statutory body, or local authority in respect of anything whose directors or

the course of such employment.

    (5) Notwithstanding section twenty-four, a company or partnership whose directors or

partners, as the case maybe

  • are registered chartered loss control managers or registered chartered private security managers; and
  • hold practicing certificates; and
  • directly control and manage the provision of loss control or private security management services offered by the company or partnership; may practice as a chartered loss control or chartered private security managers

26  Reciprocity

      (1) Where any country, specified by the Government by notice in the Gazette, prevents citizens and residents of Zimbabwe from becoming members of any institution similar to the institute or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practice the profession of loss control and private security management in Zimbabwe under the name of the institute.

      (2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to loss control and private management shall be recognised by the institute for the purposes of entry in the Register.

27  Regulations

      (1) Subject to this section, the Minister, in consultation with or upon recommendation of the Council, may make regulations providing for all matters which by this Act are required or are permitted to be prescribed or which, in his or her opinion, are necessary or convenient to be prescribed in order to carry out or give effect to this Act.

      (2) Regulations made in terms of this section may provide for—

  1. the standard and conduct of qualifying examinations under these regulations;
  2. the qualifications for the entry of the name of any person in the Register as a member of the Institute;
  3. the conditions under which any examination or training may be treated as equivalent to the examination and training prescribed for members of the Institute;
  4. the conditions under which any foreign qualification may be recognised;
  5. the manner in which and the conditions subject to which applications for entry in the Register may be made;
  6. the fees payable for membership of the Institute and the annual fees payable by associates and fellows of the Institute in respect of their certificates;
  7. loss control security management general principles;
  8. the establishment and functions of Council Committee;
  9. the particulars to be entered in the Register;
  10. the internship training, the fixation of limits within which trainees may be charged and the cancellation and termination of internship engagement for misconduct or for any other sufficient cause;
  11. the regulation and maintenance of the status and standard of professional qualifications of members of the Institute;
  12. the maintenance of a library and publication of books and periodicals on loss control and management;
  13. the management of the property of the Council and the maintenance and audit of its accounts;
  14. the summoning and holding of meetings of General meeting, the times and places of such meetings, the conduct of business thereat and the number of members necessary to form a quorum;
  15. the powers, duties and functions of the President and the Vice-President of the Council;
  16. the terms of office, and the powers, duties and functions of the Secretariat;
  17. the establishment of a loss control managers Quality Review Board;
  18. conditions for cancellation, suspension and restoration of registration
  19. conditions under which practicing certificates shall be issued or withdrawn;
  20. disciplinary regulations and appeal procedures;
  21. any other matter which is required to be or may be prescribed under these regulations.

 (3) Regulations made in terms of this Act may impose a fine not exceeding level eight or imprisonment for a period not exceeding one year or to both such fine and such imprisonment.”.

 

National Security Council Bill (H.B. 2, 2022)

 

By The Minister of Defence, Security and War Veterans Affairs

 

 

Amendment of Clause 3 (Composition of Council)

 

Clause 3 of the Bill is amended in sub-clause 1, paragraph (c) on page 4, by the addition of Minister of Foreign Affairs and International Trade as a member of the Council.

 

Amendment of Clause 5 (Meetings of Council)

 

Clause 5 of the Bill is amended by the insertion of a new sub-clause:

 

“(3) The Director General of the Intelligence Services shall be the Secretary of the Council”.

 

 

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