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NATIONAL ASSEMBLY VOTES 17 JUNE 2021 NO 62

 

ADVANCE COPY-UNCORRECTED

 

 

No. 62

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF  THE NATIONAL ASSEMBLY

 

_________________

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

THURSDAY, 17TH JUNE 2021

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Quarter past two o’clock pm.

The Deputy Speaker in the Chair.     PRAYERS.   Members Present
Banda G; Banda S, Bhila R, Bhuda S, Bushu B., Chadzamira R. E., Chamisa S., Chanda G. , Chasi F.,	Chibagu G., Chidakwa J., Chidamba S., Chikomba L., Chikudo Rueben, Chikukwa M. R, Chikuni E., Chikwama B., Chimbaira G.,	Chimina L., Chimwanza J. Chingosho C. P. Chinotimba J., Chinyanganya M., Chitura L, Dube B, Dutiro P, Dzepasi G,

 

Dzuma S., Gabbuza J. G., Gandawa M. A, Gezi T., Gonese I T, Gorerino O., Gwanetsa K. K., Gwanongodza E., Houghton J. R, Jaja J., January S. Kabozo S., Kankuni W, Kapuya F., Karumazondo M. T., Kashambe M. T., Kashiri C.,  Khumalo S. S.,  Khupe T. Kwaramba G.,  Labode M. R. Machando P., Machingauta C. Madhuku J, Madiwa C., Madziva S., Mafuta S. V., Mago N, Makone S. Makoni R R, Makonya J, Mandiwanzira S C, Mangora B., Maphosa L., Marikisi N.,		Markham A. N., Maronge C., Masango C. P., Masenda N. T, Masuku P., Matangira T. R, Mataruse P., Matsikenyere N., Mavenyengwa R., Mavhunga M, Mawite D., Mayihlome L, Mbondah M, Mchenje S. M., Mguni Hlalani Mguni S K, Mguni N, Mhere E., Miranzi B. Mkandla M., Mkaratigwa E., Mlambo M. M., Mliswa M T, Mliswa T P Molokela-Tsiye F D, Moyo C., Moyo Peter, Moyo Priscilla, Moyo R., Moyo T., Mpame C., Mpariwa P, Mpofu R., Muchimwe P T, Muchinguri O C Z,		Mudarikwa S, Mugweni C. T., Mukapiko D. L., Mukuhlani T., Munetsi J., Munochinzwa M. Muponora N., Murambiwa O, Murire J, Rtd. Col. Dr Musabayana D., Musakwa E, Musanhi K. S, Musarurwa W.Y. Mushonga P. M., Mushoriwa E., Musikavanhu D. A., Musiyiwa R., Mutambisi C, Mutodi E., Mutomba W., Ncube E., Ncube Ophar, Ndebele A., Ndiweni D., Ndlovu S., Nduna D. T., Ngome J., Ngwenya S., Nhambo F., Nhari V, Nkani A., Nkomo M, Nyabote R. Nyamudeza S, Nyashanu M. Dr,
		2
Nyathi R. R, Nyati Esther Nyere C., Nyokanhete J, Nyoni I, Paradza J, Paradza K., Porusingazi E., Raidza M., Rungani A, Rwodzi B.,  Sacco J. K.,  Saizi T. Samambwa E., Samukange J. T., Sansole T. W.,		Saruwaka T. J. L., Sewera J N, Shamu W. K., Shava J., Shirichena E., Shongedza E.,  Shumbamhini H.,  Sibanda L. Sibanda M., Sibanda O., Sikhala J., Sithole G K, Sithole James, Sithole Josiah, Sithole S, Svuure D,		Tekeshe D., Toffa J., Togarepi P., Tongofa M., Tshuma D., Tsuura N., Tsvangirai Vincent Tungamirai T., Watson N J, Zemura L, Zhou P, Zhou T,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the National Assembly

 

 

3

 

Absent with leave

 

1. In accordance with Provisions of Standing Order No. 4 (2) Hon Brig Gen (Rtd) Mayihlome informed the House that the Portfolio Committee on Defence Home Affairs and Security Services and the Thematic Committee on Peace and Security had reached an agreement to hold Joint Public Hearings on the Police Amendment Bill

 

2. Togarepi, seconded by Hon. Mliswa, moved: That Notices of Motions and Orders of the Day, Nos. 1 – 21, for today, stand over until Order of the Day No. 22 has been disposed of.

 

Motion put and agreed to.

 

 

3. Adjourned debate on motion the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the petition from the Zimbabwe People’s

Revolutionary Army (ZPRA) Veterans (Adjourned 1st June, 2021- Hon. Mayihlome)

 

[Days elapsed: 8]

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

Committee on Defence, Home Affairs and Security Services on the Petition from the Zimbabwe People’s Revolutionary Army (ZPRA) Veterans appealing to Parliament to amend the Veterans of the Liberation Struggle Act [Chapter 17:12], (S. C. 11, 2021- Hon Mayihlome)

 

Motion put and agreed to.

 

4. Togarepi, seconded by Hon. Kashiri, moved: That the House reverts to Notice of Motion No. 10.

 

Motion put and agreed to.

 

5. Mkaratigwa seconded by Hon. Toffa moved: That this House takes note of the Second Report of the Portfolio Committee on Mines and Mining Development on the Findings of the Inquiry on the Petition from Women and Land on Farmer-Miner Disputes (S.C. 18. 2021).

 

On the motion of Hon. Mutambisi, seconded by Hon. T. Moyo: Debate adjourned Tuesday, 29th June, 2021.

 

6. Mutambisi, seconded by Hon. T. Moyo, moved: That Orders of the Day, Nos. 23 to 25, for today, stand over until Order of the Day No. 26 has been disposed of.

 

Motion put and agreed to.

 

6. Adjourned debate on motion on the right to basic state funded education (Adjourned

             13th May, 2021- Hon. Josiah Sithole)

[Days elapsed: 12]

 

Question again proposed: That this House-

 

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

 

WORRIED that children attending composite classes are given less learning time than their counterparts who have fulltime teachers,

 

COGNISANT that primary school learners in Zimbabwe who are taught in composite classes register poor Grade 7 results,

 

DISTURBED that heads in composite class schools are fulltime teachers within the teacher to learner ration,

 

NOW, THEREFORE, calls upon:

1. The Ministry of Primary and Secondary Education to completely remove composite classes from our Education System.
2. The Ministry of Primary and Secondary Education to apply the teacher/class ratio for all small schools as opposed to the teacher/pupil ration.
3. The Ministry of Public Service, Labour and Social Welfare to progressively recruit more teachers to increase the establishment of teachers in schools with composite classes.
4. The Ministry of Finance and Economic Development to increase funding during annual budgets to facilitate provision of infrastructure and learning materials in these schools - Hon Josiah Sithole.

 

Motion put and agreed to.

 

7. On the motion of Hon. Mutambisi, seconded by Hon. N. Mguni: The House adjourned at eighteen minutes past five o’clock pm until Tuesday, 29th June, 2021 at a quarter past two o’clock in the afternoon.

 

 

 

 

HON. T. GEZI,

Deputy Speaker.

 

 

TUESDAY, 29TH JUNE, 2021

 

            ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

                                               

 

[Days elapsed: 14]

 

That this House takes note of the Report of the National Peace and Reconciliation Commission for the year 2020, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe which states that every Commission must submit to Parliament, through the appropriate Minister, an annual report on its operations by no later than the end of March in the year following the year to which the report relates.                                                                

 

2. Adjourned debate on motion on the Report of the Zimbabwe Electoral Commission for the year 2020– (Adjourned 8th June, 2021 – The Minister of Justice, Legal and Parliamentary Affairs).

 

[Days elapsed: 6]

 

 Question proposed: That this House takes note of the Report of the Zimbabwe Electoral Commission for the year 2020, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe which states that every Commission must submit to Parliament, through the appropriate Minister, an annual report on its operations by no later than the end of March in the year following the year to which the report relates- The Minister of Justice, Legal and Parliamentary Affairs).  

 

 

3. COMMITTEE: Cyber Security and Data Protection Bill (H.B. 18, 2019)-

  The Minister of Information and Communication Technology, Postal and

 Courier Services.

                                                                                                           

(See Notice of Amendments)

 

4. COMMITTEE: Forest Amendment Bill (H.B. 19, 2019)– The Minister of Environment, Climate, Tourism and Hospitality Industry.

 

(See Notice of Amendments)

 

5. Adjourned debated on motion on the SECOND READING of the Pensions and Provident Funds Bill (H.B. 17, 2019) (Adjourned 18th May, 2021– The Deputy Minister of Finance and Economic Development).

 

Question proposed:  That the Pensions and Provident Funds Bill (H.B. 17, 2019) be now read a second time - The Minister of Finance and Economic Development.

 

           

6. Adjourned debate on motion on the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe (Adjourned 16th April,  2021 – The Minister of Justice, Legal and Parliamentary Affairs).

 

[Days elapsed: 21]

 

Question proposed:  That this House takes note of the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe, presented to this House of Parliament in terms of section 244 (2) of the Constitution of Zimbabwe - The Minister of Justice, Legal and Parliamentary Affairs.

 

 

7. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 9th June, 2021 – The Minister of Finance and Economic Development).

 

[Days elapsed: 61]

 

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

 

May it please you, your Excellency the President:

 

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

 

 

 

 

8. HON. MKARATIGWA   HON. SVUURE

[Day elapsed: 1]

 

That this House takes note of the Third Report of the Portfolio Committee Mines and

Mining Development on the Fact Finding Visits to Areas Affected by Mining Accidents (S. C. 19, 2021).

 

9. HON. DR. NYASHANU HON. MUSHORIWA

[Day elapsed: 1]

 

That this House takes note of the Report of the Portfolio Committees on Budget, Finance and Economic Development and the Expanded Sustainable Development Goals on the 2021 Post-Budget Feedback Meetings (S. C. 20, 2021).

 

10. HON. DR KHUPE

HON. GABBUZA

 

[Days elapsed:15]

That this House:

MINDFUL that domestic resource mobilization is essential in ameliorating the burden of repayment of overdue debts and bringing about normalcy in the resuscitation of the economic sector in the country;

ACKWOLEDGING the inalienable rights of the people to better living conditions

through the utilization of their country’s diverse mineral resources such as the untapped lucrative coal bed methane gas which still lies untapped in Lupane yet it can generate millions of revenue to the state;

COGNISANT that the natural methane gas reserves in Lupane which were discovered several decades ago have the potential to strengthen the economy of the country in a very short time by boosting the energy generation capacity;

FURTHER COGNISANT that Zimbabwe is not a party to the Extractive Industries Transparency Initiative (EITI), a global standard for the good governance of mineral resources which seeks to address the key governance issues in the extractive sector;  NOW, THEREFORE, CALLS upon the Executive to;

1. Expeditiously find a reliable investor to convene operation on the methane gas       resources on a Build-Operate and Transfer (BOT) basis.
2. Prioritize the engagement of locals in this project in view of their background knowledge of the prevailing conditions in the area.
3. Consider joining the Extractive Industries Transparency Initiative (EITI) as a matter        of urgency in view of the benefits that can be accrued along the value chain starting             from the point of extraction right up to where government generates revenue.
4. HON MADIWA

HON MPARIWA

[Days elapsed: 9]

That this House:

 

MINDFUL of the important significance that Public holidays, national monuments and historical artifacts and the naming of public assets play in the country as symbols of cultural identity;

 

ALSO MINDFUL that public holidays contribute immensely to national identity as they reflect national values, vision and aspirations of the citizenry on issues that reflect gender equality, equity and demonstrate national commitment to constitutionally shared values and principles;

 

CONCERNED that there is no public holiday set aside to commemorate achievements, contributions and the role played by women in the cultural. Political, socio and economic development spheres of the country;

 

ACKNOWLEDGING that the country has recognized specific holidays to honour the roles played by some groups in the society, for example the 21^st February movement, National Youth Day, Workers Day and Heroes Day and Defence Forces Days;

 

COGNISANT that the International Women’s Day commemorations are held annually on the 8^th of March to honour the role played by women in the struggle for the emancipation and their contribution to their respective Nations in the past, present and future and yet in Zimbabwe this day is not a formal public holiday;

 

REALISING that other countries in the region have set aside public holidays that are related to their historical background and economic development including women’s achievement;

 

FURTHER COGNISANT of the critical roles played in the first and Second Liberation War by women such as Nehanda Nyakasikana, the spiritual leaders and other.

 

NOW THEREFORE, calls on this August Assembly to urge the Executive to emulate other countries in the region by declaring a specific day to celebrate women’s achievements in development and liberation of the country.

 

12. HON. JOSIAH SITHOLE

HON. MOLOKELE

 

[Day elapsed: 1]

 

That this House;

 

 

ACKNOWLEDGING that section 3, 6, 22, 56 and 83 of the Constitution of Zimbabwe provides for the Rights of Persons with Disabilities;

 

INSPIRED by Government initiatives over the years to implement and fulfill the provisions of section 19 of the Constitution;

 

COGNISANT that the Government of Zimbabwe is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD);

 

 

MINDFUL that achievements gained following the enactment of the Disabled Persons

Act of 1992,  the adoption of the National Disability Policy in 2021, signing of the  United Nations Convention on the Rights of the Persons with Disabilities in 2013  and the subsequent enactment of the 2013 Constitution of Zimbabwe are threatened with imminent reversal should the government fail to expeditiously implement the  provisions of the domestic and international protocols that Zimbabwe has agreed to be bound to;

 

ACKNOWLEDGING that programmes relating to Persons with Disabilities should always be prioritized by all ministries and coordinated by the Department of Disability Affairs in the Ministry of Public Services, Labour and Social Welfare.

 

DISMAYED that the parent ministry is ill funded to prioritize and handle programmes on disability within government ministries.

 

CONCERNED that Persons with disabilities experience diverse vulnerabilities as they are prone to abuse and exposure to various forms of unfavourable socio-economic conditions throughout the country;

 

NOW THEREFORE, requests for the establishment of a Parliamentary Caucus that deals directly with issues affecting persons with disabilities from a comprehensive and holistic perspective.

 

13. Adjourned debate on motion on the Findings of the Inquiry on the Petition from Women and Land on Farmer-Miner Disputes (Adjourned 17th June, 2021 – Hon.

Mutambisi)

                                                                                                          [Day elapsed: 1]

 

 Question proposed:  That this House takes note of the Second Report of the Portfolio Committee on Mines and Mining Development on the Findings of the Inquiry on the Petition from Women and Land on Farmer-Miner Disputes (S. C. 18, 2021. – Hon. Mkaratigwa

 

 

14. Adjourned debate on motion on the Commemoration of the World Freedom Day (Adjourned 15th June, 2021 – The Deputy Minister of Information, Publicity and Broadcasting Services).

 

[Days elapsed: 3]

 

            Question proposed:  That this House,

 

COGNISANT of the fact that every year third day of the month of May is observed as a World Press Freedom Day following the adoption of the landmark Windhoek Declaration which speaks of free independent and a pluralistic press;

 

MINDFUL of the social political and economic challenges faced by the journalists in a dynamic work where some of them perish while on tour of duty;

 

ACKNOWLEDGING the pressing requirements that have to be adhered to in the fulfillment of the freedom of the press where the journalists have to ensure that they report objectively by promoting sound information dissemination methods for the good of human kind;

 

ALSO ACKNOWLEDGING that press freedom entails the safety of journalists and access public information without any hindrance which may manifest itself as victimization of legislations for information disclosures particularly that which relates to the one of a sensitive nature;

 

DISTURBED that in some cases certain information which, if divulged has the consequences of compromising or endangering the lives of health or safety and security of members, press staff and their families;

 

NOW THEREFORE, call upon this House to:

 

1. Join the rest of the world in commemorating the World Freedom Day;
2. Enact legislation that will enhance the freedom of the press and encourage the media fraternity to diligently conduct their activities without fear or favour; and
3. Call upon the members of the press to use their freedom to report objectively and to foster a culture of unity and harmony among our citizens so that everlasting peace can always prevail – Mokone.

 

 

15. Adjourned debate on motion on the incapacitation of teachers due to poor remuneration and the state of the public education (Adjourned 10th June, 2021 – Hon Mushoriwa).

 

[Days elapsed: 4]

 

            Question proposed:  That this House,

 

COGNISANT that education is a basic right enshrined in Zimbabwe’s Constitution and that the state has a duty to provide learners with resources and teaching facilities depending on the availability of resources;

 

NOTING, the unprecedented turbulence caused by the Covid 19 pandemic to the country’s public education system;

 

AWARE that the incapacitation of teachers due to poor remuneration and conditions of service has worsened the state of the public education system;

 

CONCERNED that the disturbances in the education sector have further widened the gap between the children of the rich and poor in Zimbabwe as the former access education while the latter do not have the same privileges;

 

SHOCKED that the Executive has not enacted policies to address the plight of teachers thereby threatening the future of millions of learners.

 

NOW THEREFORE, recommends that the Portfolio Committees on Public Service, Labour and Social Welfare; and Primary and Secondary Education jointly conduct:

 

1. an inquiry to determine whether the ideological shift by the Executive

arm of Government from centre left to centre right which favors the                   rich at the expense of the poor is desirable to Zimbabwe;

 

1. public hearings to assess whether there has been no dereliction of duty by the Ministers of Public Service, Labour and Social Welfare and Primary and Secondary Education in the ongoing deterioration of the public education system in Zimbabwe; and

 

1. an investigation into whether Members of the Executive are not benefitting from the chaos in the public education system by luring students from failed public schools to their personal private colleges and schools which offer Cambridge examinations instead of the Zimbabwe School Examination Council (ZIMSEC).

 

1. To proffer recommendations to this House on measures that need to be taken to address the crises in the public education system in the country-Hon Mushoriwa.

 

16. Adjourned debate on motion on the First Report of the Joint Portfolio Committee on ICT, Postal and Courier Services and Primary and Secondary Education (Adjourned 10th June, 2021 – The Minister of Environment, Climate, Tourism and Hospitality Industry).

 

[Days elapsed: 4]

 

            Question proposed:  That this House takes note of the First Report of the Joint Portfolio Committee on ICT, Postal and Courier Services and Primary and Secondary Education on provisions of online classes for learners during the COVID 19 pandemic period.  S.C. 14, 2021- Hon Peter Moyo.

 

17. Adjourned debate on motion on the Report of the Portfolio Committee on Higher and Tertiary Education, Innovation, Science and Technology Development on the Petition on Fees Increases in Tertiary Education Institutions (Adjourned 9th June, 2021 – Hon Maphosa)

 

[ Days elapsed: 5]

 

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

Committee on Higher and Tertiary Education, Innovation, Science and Technology Development on the Petition on Fees Increases in Tertiary Education Institutions. (S. C. 13, 2021) – Hon Maphosa

 

18. Adjourned debate on motion on the Report of the 2021 Virtual Parliamentary Hearing at the United Nations (Adjourned 8th June, 2021– The Minister of National Housing and Social Amenities)

 

[Days elapsed: 7]

 

Question proposed:  That this House takes note of the Report of the 2021 Virtual Parliamentary Hearing at the United Nations under the theme “Fighting corruption to restore trust in government and improve development prospects held on the 17^th and 18^th February 2021-Hon. Mavenyengwa.

 

 

19. Adjourned debate on motion on the First JointPetition Report of the Portfolio Committee on Health and Child Care and Thematic Committee on HIV and AIDS

(Adjourned 8th June, 2021– Hon Saizi)

 

[Days elapsed: 7]

 

Question proposed: That this House takes note of the First Joint Report of the Portfolio Committee on Health and Child Care and Thematic Committee on HIV and AIDS on the Petition from the Advocacy Core Team (ACT) on the age of consent to accessing reproductive health care services by the adolescents and young persons in Zimbabwe– Hon Saizi.

 

 

20. Adjourned debate on motion on the proposal to amend Section 129 (1) (k) of the Constitution of Zimbabwe - (Adjourned 20th May, 2021 – Mutambisi)

 

[Days elapsed: 9]

 

 

Question proposed: That this House -

 

RECOGNISING that Members of Parliament, with the exception of Independent  candidates, are elected to Parliament on a political party ticket

 

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

 

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

 

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

 

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

 

ALSO NOTING that Section 148 (1) of the Constitution provides that Members of

Parliament have freedom of speech in Parliament and in all Parliamentary

Committees and, while they must obey the rules and orders of the House concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to Parliament or any of its committees.

 

COGNISANT, however, that this privilege is invalidated by Section 129 (1) (k) of the

Constitution which gives political parties the unfettered power to recall a Member of Parliament whom, in executing his or her representative function, does not toe the party line

 

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

 

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

 

21. Adjourned debate on motion on the need for Government to provide an enabling environment for the informal sector to contribute to the economy - (Adjourned 15th June, 2021 – Hon. Mutambisi)

 

[Days elapsed: 12]

 

Question proposed: That this House -

 

COGNISANT that the economy in Zimbabwe is largely dominated by the informal sector which deprives the country of the much needed revenue as most businesses in this sector are not registered enterprises;

 

MINDFUL that the informal sector is usually accompanied by unofficial activities which give rise to the parallel black market.

 

CONCERNED that the activities of the informal sector have far reaching consequences to the entire economy in terms of fiscal measures that are aimed at the collection of more revenue in the form of taxes;

 

NOW THEREFORE, calls upon the Executive-

1. To encourage the informal sector to contribute to the fiscus by lowering taxes so that such informal businesses can come forward and register instead of operating      under the cover of the parallel market.

 

1. To promote small scale businesses in the informal sector and at the same time attract foreign investment through a raft of urgent measures which will in the long       term revive the country’s economy – Chingosho.

 

22. Adjourned debate on motion on the need to Repeal the Vagrancy Act- (Adjourned 11th May, 2021 – Hon Mutambisi)

 

[Days elapsed: 15]

 

Question proposed: That this House;

 

MINDFUL, that the Constitution of Zimbabwe provides for the comprehensive human rights and that Parliament must protect this Constitution;

 

ALSO COGNISANT that Section 56 of the Constitution of Zimbabwe provides for equality and non-discrimination to the extent that every  person has a right not to be treated in an unfairly discriminatory  manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief,  political affiliation, opinion, custom, culture, sex, gender, marital  status, age, pregnancy, disability or economic or social status or  whether they were born in or out of the wedlock;

 

DISTURBED that some existing statutes such as the Vagrancy Act [Chapter 10:25] are selective as they specifically target persons with no places to call home;

 

FURTHER DISTURBED that the term vagrant is defined as someone who maintains himself or herself by begging among other definitions;

 

NOW, THEREFORE resolves to;

 

10. Repeal the Vagrancy Act [Chapter 10.25] as it does not safeguard the interests of vulnerable people;
11. Conduct its constitutional mandate of ensuring that all citizens enjoy their basic human rights; and
12. Recommend that all relevant institutions which deal with the underprivileged embark on a massive exercise to promote the rehabilitation of vulnerable people,     particularly those without homes – Hon S.K Mguni.

 

23. Adjourned debate on motion on strategic intervention in the deployment of teachers in rural areas (Adjourned 13th May 2021- Hon. Nyabani)

               

[Days elapsed: 13]

 

That this House:

 

Mindful of the need for strategic intervention in the deployment of teachers in rural areas where the staff turnover is high;

 

COGNISANT that the Constitution provides for access to education for all citizens regardless of colour and creed;

 

ACKNOWLEDGING that the staffing of teachers has a direct bearing and linkage on the performance of leaners and also the access to education;

 

FURTHER COGNISANT that most schools in the rural areas such as Rushinga recorded disturbing pass rates which were as low as 3%;

 

NOW, THEREFORE, Calls upon the Ministries of Public Service, Labour and Social Welfare and Primary and Secondary Education to:-

 

1. Urgently fill vacant teaching posts in rural and margnalised areas so as to mitigate the challenges of zero percent pass rate;
2. Incentivise the condition of service for teachers, particularly for those who volunteer to stay in such places despite the poor living conditions and other related      hardships, unlike those who are lured to go to urban centeres where transport and       other benefits such as extra lessons are readily available;
3. Urgently consider benefits such as waiver of tuition fees for teachers with children in government schools; and
4. Decentralise recruitment of teachers to the Provinces and Districts in line with the Devolution Policy so that locals benefit – Hon. Nyabani.
5. Adjourned debate on motion the report on the 55^th Session of the ACP Parliamentary

Assembly and the 38th Session of the ACP-EU Joint Parliamentary Assembly

(Adjourned 13th May, 2021 – Hon. Mutambisi)

[Days elapsed: 13]

 

Question proposed: That this House takes note of the report on the 55^th Session of the

ACP Parliamentary Assembly and the 38th Session of the ACP-EU Joint Parliamentary Assembly, held from 14th to 21st November 2019 in Kigali Rwanda – Hon Priscilla Moyo. 

 

25. Adjourned debate on motion on the Report of the 48^th Plenary Assembly Session of             the SADC – Parliamentary Forum (Adjourned 6th May, 2021 – T. Moyo)

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the Report of the 48^th Plenary Assembly Session of the SADC – Parliamentary Forum, held virtually on 04^th to 5^th December 2020 – Hon Kwaramba.

 

26. Adjourned debate on motion on the second Report of the Portfolio Committee of

Health and Child Care on the development and promotion of Traditional and

Complementary Medicines in Zimbabwe (Adjourned 6th May, 2021 –  Hon. T. Moyo) 

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the second Report of the Portfolio Committee of Health and Child Care on the development and promotion of Traditional and Complementary Medicines in Zimbabwe (S. C. 9, 2021) – Hon. Chinhamo-Masango.

 

27. Adjourned debate on motion on the Report of the Portfolio Committee on Higher and Tertiary Education, Innovation, Science and Technology Development on quality assurance in the Higher and Tertiary Institutions in Zimbabwe - (Adjourned 22nd April, 2021 - The Higher and Tertiary Education, Innovation, Science and

Technology Development)

 

[Days elapsed: 19]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Higher and Tertiary Education, Innovation, Science and Technology Development on quality assurance in the Higher and Tertiary Institutions in Zimbabwe (S.C. 20, 2020. - Hon. Maphosa.

 

28. Adjourned debate on motion on the First Report of the Public Accounts Committee on the Analysis of ZINARA’s Audited Accounts - (Adjourned 5th May, 2021 – Hon Mutambisi)

 

[Days elapsed: 20]

 

Question proposed: That this House takes note of the First Report of the Public Accounts Committee on the Analysis of ZINARA’s Audited Accounts for the years ending 31 December 2017 and 2018 and the 2017 Forensic Audit Report (S. C. 19, 2020- Hon. B. Dube.

 

 

 

29. Adjourned debate on motion on the untimely passing on of the late Member of Parliament for Mberengwa East, Hon Alum Mpofu - (Adjourned 4th May, 2021 – Mutambisi).

[Days elapsed: 21]

 

Question proposed: That this House expresses its profound sorrow on the untimely passing on of the late Member of Parliament for Mberengwa South, Hon Alum Mpofu on Sunday 28th March, 2021;

 

Places on record its appreciation for the services which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Mpofu family, relatives and the entire Mberengwa East Constituency-Hon Togarepi.

 

30. Adjourned debate on motion on the untimely passing on of the late Member of Parliament for Murehwa South Constituency and Minister for Transport and Infrastructural Development, Hon Joel Biggie Matiza - (Adjourned 15th April, 2021 – Minister of Justice, Legal and Parliamentary Affairs).

[Days elapsed: 21]

 

Question proposed: That this House expresses its profound sorrow on the untimely passing on of the late Member of Parliament for Murehwa South Constituency and Minister for Transport and Infrastructural Development, Hon Joel Biggie Matiza on Friday 22nd January, 2021;

 

Places on record its appreciation for the services, which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Matiza family, relatives and the entire Murehwa South Constituency- Hon Mavetera.

 

 

31. Adjourned debate on motion on the need to provide non-monetary incentives to all Government workers (Adjourned 4th May, 2021 – Hon Mutambisi).

 

 

[Days elapsed: 18]

Question proposed:  That this House;

 

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

 

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

 

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

 

NOW THEREFORE, CALLS upon the Ministry of Finance and Economic

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

 

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

 

32. COMMITTEE OF SUPPLY.

 

 

WEDNESDAY, 30TH JUNE, 2021

 

            QUESTIONS FOR ORAL ANSWERS

 

♦          QUESTIONS WITHOUT NOTICE.

 

*          QUESTIONS WITH NOTICE.

 

*1.       HON. KARUMAZONDO: To ask the Minister of Youth, Sports, Arts and Recreation  to              inform the House when the Ministry will establish a Vocational Training Centre in the              Maramba-Pfungwe Constituency.

 

[Deferred from 14th April, 2021]

 

*2.        HON. MASENDA:   To ask the Minister of Youth, Sports Arts and Recreation to                inform the House why the project at Tengwe Recreation Centre, which received a               Budget allocation in 2018/19 has been abandoned.

 

[Deferred from 2nd June, 2021]

 

*3. HON. GONESE: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House;

 

1. Why accused persons are denied the right to have adequate time and          facilities to prepare their defends outline, in violations of section 70(1) (c) of                      the Constitution of Zimbabwe which implies that accused persons should                     have copies of the charge sheet, state outline, witnesses’ statements etc.:

 

1. Why the State violates this right through failure by the Police to prepare             documents in duplicate yet they demand that accused persons make                         photocopies of documents which they do at exorbitant costs

 

1. Why the Ministry allows service providers at the Harare Magistrate Court             along Rotten Row to charge foreign currency and cash only for their services

refuse to accept other modes of payments such as ecocash, telecash or netcash                transactions, a practice which is a clear breach of the country`s foreign                exchange regulations

 

[Deferred from 9th June, 2021]

*4. HON. E. NCUBE: To ask the Minister of Defence and War Veterans Affairs to inform  the House:

1. what government policy is regarding Army recruitments of persons with disabilities who have professional qualifications but cannot perform other physical      tests such as running; and
2. to provide disaggregated data on the number of persons with disabilities currently employed in the army province by province, gender and job position.

 

[Deferred from 14th April, 2021]

 

*5. HON. TSUURA: To ask the Minister of Women Affairs, Community and SMEs  Development to explain to the House the kind of assistance that is given to victims of  rape who fail to raise bus fares to go and report to the Police.

 

[Deferred from 14th April, 2021]

 

*6.  HON CHINYANGANYA: To ask the Minister of National Housing and Social Amenities  to inform the House when Government will construct flats for residents of SQs and  GBs in Ward 2, Kadoma Central.

[Deferred from 12th May, 2021]

 

*7.  HON RAIDZA: To ask the Minister of Environment, Tourism and Hospitality to explain  to the House when the Ministry will implement plans to protect the environment and  ecosystem around Buchwa Mountain in ward 4, Mberengwa East Constituency which  is being constantly destroyed by inhabitants who are parceling out land in the  preserved mountain.

[Deferred from 12th May, 2021]

 

*8. HON. DZUMA: To ask the Minister of Primary and Secondary Education to inform the House when government will construct a primary and secondary school at Murambinda Growth Point considering that the population has increased.

 

[Deferred from 9th June, 2021]

 

 

 

NOTICES OF AMENDMENTS

 

Cyber Security and Data Protection Bill, (H B 18, 2019)

 

AMENDMENT OF CLAUSE 1 (SHORT TITLE)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 3 of the Bill, in line 17 delete the words “Cyber Security and”.

 

AMENDMENT OF CLAUSE 3 (INTERPRETATION)

 

BY HON. GANDAWA

 

Clause 3 of the Bill is amended on page 4—

• in line 9 by the deletion of the “resources” and the substitution of “processes”;
• in lines 23 and 24 by the deletion of the definition for “data controller or controller” and the substitution of—

““data controller or controller”—

(a)refers to any natural person or legal person who is licensable by the Authority;        (b)includes public bodies and any other person who determines the purpose and             means of processing data;”.

 

AMENDMENT OF CLAUSE 4 (APPLICATION)

 

BY HON. GANDAWA

 

Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of

“and        storage” after the word “processing”.

 

SUBSTITUTION OF CLAUSE 13 (SENSITIVE INFORMATION) BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 9 of the Bill, in line 16 delete clause 13 and substitute with ––

 

“13Sensitive information

• No data controller shall process sensitive data unless the data subject has given consent in writing for such processing;
• the consent to the processing of data may be withdrawn by the data subject at any time and without any explanation and free of charge;
• the Authority shall determine the circumstances in which the prohibition to process the data referred to in this subsection (1) cannot be lifted even with the data subject’s consent

“taking into account the factors surrounding the prohibition and the reasons for collecting the data”.

• The Minister responsible for the Cyber security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to sensitive information affecting National security or the interests of the State.
• The provisions of subsection (1) shall not apply where—
• the processing is necessary to carry out the obligations and specific rights of the controller in the field of employment law; or
• the processing is necessary to protect the vital interests of the data subject or of another person, where the data subject is physically or legally incapable of giving his or her consent or is not represented by his or her legal, judicial or agreed representative; or

 

• the processing is carried out in the course of its legitimate activities by a foundation, association or any other non-profit organisation with a political, philosophical, religious, health-insurance or trade-union purpose and on condition that the processing relates solely to the members of the organisation or to persons who have regular contact with it in connection with such purposes and that the data is not disclosed to a third party without the data subjects’ consent; or
• the processing is necessary to comply with national security laws; or
• the processing is necessary, with appropriate guarantees, for the establishment, exercise or defence of legal claims; or
• the processing relates to data which has been made public by the data subject; or
• the processing is necessary for the purposes of scientific research:

Provided the Authority shall be entitled to specify the conditions under which such processing may be carried out; or

• the processing of data is authorised by a law or any regulation for any other reason constituting substantial public interest.

(6) Without prejudice to the application of sections 5 to 8, the processing of data relating to sex life is authorised if—

• it is carried out by an association with a legal personality or by an organisation of public interest whose main objective, according to its Memorandum and Articles of Association, is the evaluation, guidance or treatment of persons of such sexual conduct, and who is recognised by a competent public body as being responsible for the welfare of such persons;
• the objective of the processing of the data consist of the evaluation, guidance and treatment of the persons referred to in this section, and the processing of data relates only to the aforementioned persons:

Provided that the competent public body referred to in paragraph (a) grants a specific, individualised authorisation, having received the opinion of the Authority.

 

(7) The authorisation referred to in this section shall specify the duration of the authorisation, the conditions for supervision of the authorised association or organisation by the competent public body, and the way in which the processing must be reported to the

Authority.”

 

INSERTION OF NEW CLAUSES 15 AND 16

 

BY HON. GANDAWA

 

The bill is amended on page 11 in line 22 by the insertion of the following new clauses        and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

Every data controller or data processor shall ensure that personal information is—

• processed in accordance with the right to privacy of the data subject;
• processed lawfully, fairly and in a transparent manner in relation to any data subject;
• collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
• adequate, relevant, limited to what is necessary in relation to the purposes for which it is

processed;

• collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
• accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and
• kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.

 

       16  Rights of Data Subject

 

A data subject has a right to—

• be informed of the use to which their personal information is to be put;
• access their personal information in custody of data controller or data processor;
• object to the processing of all or part of their personal information; (d) correction of false or misleading personal information; and

(e) deletion of false or misleading data about them.”.

 

AMENDMENT OF CLAUSE 19 (SECURITY BREACH  NOTIFICATION)

 

BY HON. GANDAWA

 

Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of “without an       undue delay” and the substitution of “within twenty-four (24) hours”.

 

AMENDMENT OF CLAUSE 20 (OBLIGATION OF NOTIFICATION  TO AUTHORITY)

 

BY HON. GANDAWA

 

 

Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of sub-clause (6) and       the substitution of the following—

“(6)   The Authority shall provide guidelines that provide for the qualifications and              functions of  a data protection officer and such data protection officer’s duties shall                     include—

• ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;
• dealing with requests made to the data controller pursuant to this Act;
• working with the Authority in relation to the performance of its functions in

relation to the data controller.”.

 

 

AMENDMENT OF CLAUSE 28 (TRANSFER OF PERSONAL INFORMATION OUTSIDE ZIMBABWE)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 16 of the Bill in line 13, insert a new sub-clause (4) as follows—

“(4) The Minister responsible for the Cyber security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to transfer of personal information outside of Zimbabwe.”

AMENDMENT OF CLAUSE 33 (OFFENCES AND PENALTIES)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 18 of the Bill in line 5, insert after “11” the number “13”

AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII OF CAP.9:23)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 21 of the Bill, in line 9 insert a new sub paragraph after sub paragraph (d) as follows—

“(e) in an aggravating circumstance certified by the Cyber Security and Monitoring Centre to be a breach of state security to a fine not exceeding level 14 or to imprisonment for a period not exceeding

10 years or to both such fine and such imprisonment.”

On page 27 of the Bill, in line 6 delete clauses 165B to 166D.

 

 

AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII of  Cap 9:23)

 

BY HON. GANDAWA

 

Clause 35 of the Bill is amended—

• on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;
• on page 26 in lines 3-10 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium  accessible by any person, with the intent to coerce, intimidate,   harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

and the substitution of—

“(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.

 

• on page 26 in lines 34-39 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.

 

and the substitution of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

 

• on page 27 by the insertion of the following after line 22— “164F. Recording of genitalia and buttocks beneath closing without consent
  • Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
  • Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;
• on page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—

 

“165 Child sexual abuse material

(1)  In this Act—

“Child sexual abuse material” means any                      representation through publication, exhibition,                cinematography, electronic means or any other                 means whatsoever, of a child, a person made to

appear as a child or realistic material                 representing a child, engaged in real or                  simulated explicit sexual activity, or any                 representation of the sexual parts of a child for                 primarily sexual purposes.

(2)Any person who unlawfully and intentionally, through a computer or information system—

• produces child sexual abuse material;
• offers or makes available child sexual abuse material;
• distributes or transmits child sexual abuse material;
• procures or obtains child sexual abuse material for oneself or for another person;
• possesses child sexual abuse material on a computer system or a computer-data storage medium;
• knowingly obtains, accesses or procures child sexual abuse material;
• baits a child into the production or distribution of child sexual abuse material

shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

(3)  Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.”.

 

(f) on page 31 by the insertion of the following paragraph after line 37—

“(f) against citizens or permanent residents of Zimbabwe.”

 

 

INSERTION OF NEW CLAUSE 36 (AMENDMENT OF CAP.9:07)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 27 of the Bill, in line 6 insert a new clause as follows—

“ 36 Insertion of New Part in Cap.9:07

The Criminal Procedure and Evidence Act [Chapter 9:07] is amended by the insertion of after Part XX of the following Part—

“PART XXA

PROVISIONS RELATING TO CYBER CRIME

“379ASearch and seizure

• In this section “seize” includes—
  • taking possession of or securing a computer;
  • securing a computer system or part thereof or a computer-data storage medium;
  • taking a printout or output of computer data;
  • making and retaining a copy of computer data, including through the use of use of onsite equipment;
  • activating any onsite computer system or computer data storage media;
  • maintaining the integrity of any stored relevant computer data;
  • rendering inaccessible or removing computer data in the accessed computer system.
• A magistrate may, on an application by a police officer in the prescribed form, that specified computer data or a printout or other information is reasonably required for the purpose of a criminal investigation or criminal proceedings, order that—
• a person in Zimbabwe in control of the relevant computer system produce from the system specified computer data or a printout or other intelligible output of that data; or
• an electronic communications service provider in Zimbabwe produce information about persons who subscribe to or otherwise use the service.
• An application referred to in subsection (1) shall be supported by an affidavit in which the police officer shall set out the offence being investigated, the computer system in which it is suspected to be stored, the reasonable grounds upon which the belief is based, the measures that will be taken in pursuance of the investigation and the period over which those measures will the taken.
• A police officer granted a warrant in terms of this section may—
• if there are reasonable grounds to believe that computer data concerned is susceptible to loss, alteration, deletion, impairment or modification, by written notice given to a person in control of the computer data, require the person in control of the data to ensure that the data specified in the notice is preserved for a period not exceeding seven days as may be specified in the notice which period may be extended, on an application to a magistrate, for such period as the magistrate may grant;
• by written notice to a person in control of the computer system or information system concerned, require the person in control thereof to disclose relevant traffic data concerning specified communications in order to identify—
  • the service providers; or
  • (ii) the path through which the communication was transmitted.

(5) Any person who does not comply with the order given in terms of this section shall be guilty of an offence and liable to a fine.

 

379B Expedited preservation

(1) A magistrate may, on an application by a police officer in the prescribed form, that there are reasonable grounds to suspect or believe that traffic data associated with a specified communication is required for the purposes of a criminal investigation—

• order any person in control of such data to—
  • collect, record or preserve the traffic data associated with a specified communication during a specified period; or
  • permit and assist a specified police officer to collect or record that data.
• authorise the police officer to collect or record traffic data associated with a specified communication during a specified period through the use of any appropriate technological means.

(2) Section 33(3) of the Data Protection Act [Chapter 11:22] shall apply mutatis mutandis to an application in terms of this section.

379C Obligations and immunity of service providers

(1) An electronic communications network or access service provider shall not be criminally liable for providing access or transmitting information through its system if such service provider has not—

• initiated the transmission; or
• selected the receiver of the transmission; or
• (c)selected or modified the information contained in the
• The provision of access or the transmission referred to in subsection (1) shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and the information is not stored for any period longer than is reasonably necessary for the transmission.
• A hosting provider shall not be criminally liable for the information stored at the request of a user of the service if the hosting provider—
• promptly removes or disables access to the information after receiving an order from any court of law to remove specific stored illegal information; or
• (b) in any other manner, obtains knowledge or becomes aware of any illegal information stored, promptly informs the appropriate authority to enable it to evaluate the nature of the information and if necessary, issue an order for its removal.
• Subsection (3) shall not apply where the user of the service is acting under the authority or the control of the hosting provider.
• Where the hosting provider removes the content after receiving an order pursuant to sub-section (3), no liability shall arise from the contractual obligations with the user with regard to the availability of the
• A hosting provider who fails to remove or disable access to information in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
• A caching provider shall not be criminally liable for the automatic, intermediate or temporary storage of information where the caching was performed for the sole purpose of making the onward transmission of the information to other users of the service upon their request more efficient if the caching provider—
• does not modify the information;
• complies with conditions of access to the information;
• complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
• (d)does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
• (e)acts promptly to remove or to disable access to the information it has stored upon obtaining knowledge that the information has been removed from the network at the initial source of the transmission, or that access to it has been disabled, or that a court or an appropriate public authority has ordered such removal or disablement.
• A caching provider who contravenes the conditions set out in subsection (7) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
• An internet service provider who enables access to information provided by a third person by providing an electronic hyperlink shall not be criminally liable with respect to the information if the internet service provider—
• promptly removes or disables access to the information after receiving an order from an appropriate public authority or court to remove the link; or
• (b)through other means, obtains knowledge or becomes aware of stored specific illegal information promptly informs the appropriate authority to enable it to evaluate the nature of the information and if necessary issue an order for its removal.
• An internet service provider who fails to promptly remove or disable access to information in terms of subsection (9) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.
• Any service provider who knowingly enables access to, stores, transmits or provides an electronic hyperlink to, any information with knowledge of the unlawfulness of the content of any such information shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment not exceeding a period of ten years or to both such fine and such imprisonment.

 

379D Jurisdiction

(1) A court in Zimbabwe shall have jurisdiction to try any offence under this Act where the offence was committed wholly or in part—

• within Zimbabwe or by any person in or outside Zimbabwe using a computer or information system or device, software or data located in Zimbabwe; or
• on a ship or aircraft registered in Zimbabwe; or
• by a national or permanent resident of Zimbabwe or a person carrying on business in Zimbabwe, whether or notthe offence is committed in Zimbabwe; or
• by a national or permanent resident of Zimbabwe or  a person carrying on business in Zimbabwe and the offence is committed outside Zimbabwe, if the person’s conduct also constitutes an

offence under the law of the country where the offence was committed and harmful effects were caused in Zimbabwe; or

• by any person, regardless of the location, nationality or citizenship of the person—

(i) using a computer or information system or device, software, or data located within Zimbabwe; or directed against a computer or information system or  (ii) device, software or data located in Zimbabwe.

 

379E Admissibility of electronic evidence

• In any criminal proceedings for an offence in terms of this Act, evidence generated from a computer system or by means of information and communications technologies or electronic communications systems shall be admissible in court.
• In assessing the admissibility or evidential weight of the evidence, regard shall be given to—
• the reliability of the manner in which the evidence was generated, stored or communicated
• the integrity of the manner in which the evidence was maintained;
• the manner in which the originator or recipient of the evidence was identified; and (d) any other relevant factors.
• The authentication of electronically generated documents shall be as prescribed in rules of evidence regulating the integrity and correctness of any other documents presented as evidence in a court of law.
• This section shall apply in addition to and not in substitution of any other law in terms of which evidence generated by computer systems or information and communications technologies or electronic communications systems or devices may be admissible in evidence.

 

379F Forfeiture

A court convicting any person of an offence under this Act may order the forfeiture to the State of—

• any money, asset or property constituting or traceable to the gross proceeds of such offence; and
• any computer or information system, software or other devices used or intended to be used to commit or to facilitate the commission of such offence.”

 

INSERTION OF NEW CLAUSE 37 (AMENDMENT OF CAP.11:22)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 31 of the Bill, insert after clause 36 a new clause as follows—

“37 Amendment of Cap.11:22

• The Interception of Communications Act [Chapter 11:20] (hereinafter called the “principal Act”) is amended in section 2 —

(a)by the repeal of the definition of “monitoring centre” and substitution of—

““cyber security and monitoring centre” means the Cyber Security and Monitoring of Interception of Communications Centre being unit central monitoring apparatus designated to be the monitoring facility through which all the intercepted communications and call-related information of a particular interception target are forwarded to an authorised person;”

• The principal Act is amended in by the repeal of section 4 and the following is substituted—

 

“4 Cyber Security and Monitoring of Interceptions of Communications Centre

(1) There shall be established a unit in the Office of the President, which shall be called the Cyber Security and Monitoring of Interception of Communications Centre.

• The cyber security and monitoring centre shall be advised by a committee which shall give advice to the director of the centre on whether or not a warrant should be issued.

The cyber security and monitoring centre shall be manned, controlled and operated by technical experts designated by the agency.

• The cyber security and monitoring centre shall give technical advice to—

(a) authorised persons; and (b) service providers; on cyber security and the interception of communications in terms of this Act.

(3) The principal Act is amended by the insertion after section 4 of the following sections—

 

“ 4A Functions of Cyber Security and Monitoring of Interceptions of Communications

Centre

The functions of the Cyber Security and Monitoring Centre shall be to— (a) be the sole facility through which authorised interceptions shall be effected;

• advise Government and implement Government policy on cybercrime and cyber security;
• identify areas for intervention to prevent cybercrime;
• coordinate cyber security and establish a national contact point available daily around-theclock;
• establish and operate a protection-assured whistle-blower system that will enable members of the public to confidentially report to the Committee cases of alleged cybercrime;
• promote and coordinate activities focused on improving cyber security and preventing cybercrime by all interested parties in the public and private sectors;
• provide guidelines to public and private sector interested parties on matters relating to awareness, training, enhancement, investigation, prosecution and combating cybercrime and managing cyber security threats;
• oversee the enforcement of the Act to ensure that it is enforced reasonably and with due regard to fundamental human rights and freedoms;
• provide technical and policy advice to the Minister;
• advise the Minister on the establishment and development of a comprehensive legal framework governing cyber security matters.

 

4B Establishment of Cybersecurity Committee

• There is hereby established a committee to be known as the Cybersecurity Committee which will shall be an ad hoc advisory body to the Minister.
• The Cyber Security Committee shall consist of eleven members appointed by the Minister for their knowledge in computer and telecommunications, law and policy and skills in respect of any aspect dealt with in this Act as follows—

(a) one representative nominated by each of the following—

• the Postal and Telecommunications Regulatory Authority of Zimbabwe;
• the ministry responsible for information and communications technologies;
• the ministry responsible for science and technology;
• the ministry responsible for justice;
• the Zimbabwe Republic Police;
• the National Prosecution Authority;
• the ministry responsible for defence;
• the Central Intelligence Organisation;
• the Prisons and Correctional Service;
• one representative from the cyber security and monitoring centre;
• any representative from any sector of the economy or any other person who may be necessary to the deliberations in respect of a particular warrant, appointed on an ad hoc basis.
• From among the appointed members, the Minister shall appoint the Chairperson of the Cybersecurity Committee.
• The Committee shall, at its first meeting, elect a Vice-Chairperson of the Board from among its members:

Provided that the Chairperson and the Vice Chairperson shall be of different genders.

• The provisions of the Schedule apply to the Cybersecurity Committee.
• The Cyber Security Committee may, with the approval of the Minister, issue such guidelines as may be necessary for the carrying out of the provisions of this Act as it relates to its functions under this Act.”

 

• The principal Act is amended in section 5 by the insertion after subsection 3 of the following subsection—

 

“(4) The Minister, upon receiving an application for a warrant in terms of this section, shall refer the application to the Cyber security committee, who shall advise the Minister on whether or not any of the reasonable grounds to issue a warrant referred to in section 6 are present:

Provided that Minister may issue a provisional warrant if in his or her opinion any of the reasonable grounds referred to in section 6 are present.

• The Minister may withdraw a warrant issued provisionally upon the advice of the Committee that no reasonable grounds to issue to the warrant existed, without prejudice to anything that may be done by virtue of the warrant issued by the Minister between the time he or she issued it provisionally and the time it was referred to the committee and withdrawn.”

 

(5) The principal Act is amended by the insertion of the following Schedule —

 

“SCHEDULE (4B (6))

PROVISIONS APPLICABLE TO CYBERSECURITY COMMITTEE

Terms and conditions of office of members

1. (1) Subject to this Schedule, a member shall hold office for such period, not exceeding five years, as the Minister may fix on his or her appointment.

• Subject to paragraph 8, a member shall hold office on such conditions as the Minister may fix in relation to members generally.
• A retiring member shall be eligible for re-appointment as a member.

Disqualification for appointment as member

2. (1) The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member if he or she—

• is married to a person who is engaged in any activity connected with any business, if in the opinion of the Minister such financial interest or activity is likely to interfere with the impartial discharge by that person of his or her duties as a member; or
• has, in terms of a law in force in any country—
  • been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
  • made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside;or
• has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted—
• in Zimbabwe, of an offence; or
• outside Zimbabwe, in respect of conduct which if committed in Zimbabwe would constitute an offence; and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.

(2) A person who is— (a) a member of Parliament; or

(b) a member of two or more other statutory bodies; shall not be appointed as a member, nor shall he or she be qualified to hold office as a member.

(3) For the purpose of subparagraph (2)(b)—

• a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body, shall be regarded as a member of that statutory body;
• “statutory body” means—
• any Commission established by the Constitution; or
• any body corporate established-directly by or under an Act for special purposes specified in that Act,

the membership of which consists wholly or mainly of persons appointed by the President, Vice

President, a Minister or a statutory body or by a Commission established by the Constitution Vacation of office by member

3. A member shall vacate his or her office and the member’s office shall become vacant—

• one month after the date upon which he or she gives notice in writing to the Minister of his or her intention to resign or on the expiry of such other period of notice as the member and the Minister may agree; or
• on the date he or she begins to serve a sentence of imprisonment imposed in Zimbabwe without the option of a fine—
  1. in Zimbabwe, in respect of an offence; or
  2. outside Zimbabwe, in respect of conduct which if committed in Zimbabwe, would constitute an offence; or
• if he or she becomes disqualified in terms of paragraph 2(1)(a), (b) or (c) to hold office as a member; or (d) if he or she is required in terms of paragraph 4 to vacate his or her office. Dismissal or suspension of members

4. (1) The Minister may require a member to vacate his or her office if the member— (a) has been guilty of any conduct that renders him or her unsuitable as a member; or

• has failed to comply with the conditions of his or her office fixed by the Minister in terms of paragraph 1(2); or
• is mentally or physically incapable of efficiently carrying out his or her functions as a member.
• The Minister, on the recommendation of the Board, may require a member to vacate his or her office if the member has been absent without the permission of the Board from two consecutive meetings of the Board of which he or she was given at least seven days’ notice and there was no just cause for the member’s absence.
• The Minister may suspend a member—
• whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (1)(a); or
• against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed; and while that member is so suspended he or she shall not carry out any functions as a member.

Filling of vacancies in Board

5. On the death of or the vacation of office by a member the Minister shall appoint a person to fill the vacancy.

Meetings and procedure of Board

6. (1) The Cybersecurity Committee shall hold its meetings on an ad hoc basis on such date and at such place as the Minister may fix.

• The chairperson or, in his or her absence, the vice-chairperson shall preside at all meetings of the Committee:

Provided that, if the chairperson and the vice-chairperson are absent from a meeting of the Committee, the members present may elect one of their number to preside at that meeting as chairperson.

• Five members shall form a quorum at any meeting of the Committee.
• All acts, matters or things authorised or required to be done by the Committee may be decided by a majority vote at a meeting of the Committee at which a quorum is present.

(8) Subject to subparagraph (9), at all meetings of the Committee each member present shall have one vote on each question before the Committee and, in the event of an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.

Validity of decisions and acts of Board

7. No decision or act of the Committee or act done under the authority of the Committee shall be invalid by reason only of the fact that a disqualified person acted as a member of the Committee at the time the decision was taken or act was done or authorised.

Minutes of proceedings of Board and committees

8. (1) The Committee shall cause minutes of all proceedings of and decisions taken at every meeting of the

Committee to be entered in books kept for the purpose in a confidential manner.”

 

 

Forest (Amendment) Bill, 2019(H.B. 16, 2019)

INSERTION OF NEW CLAUSE 2

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 1 of the Bill to insert after clause 1, the following clause and renumber the subsequent clauses accordingly—

2. AMENDMENT OF SECTION 2 (INTERPRETATION)

Section 2 (“Interpretation”) of the principal Act is amended—

• by the deletion of “Chief Executive” and substitution with “Director-General”.
• by the insertion after the definition of “protected private forest” of the following—

“Provincial-Head” means a Forest Officer in charge of a particular province.”

 

On page 1 of the Bill, by insertion

 

INSERTION OF NEW CLAUSE 2A

BY HON. MUSARURWA

On page 1 of the Bill to insert after clause 2, the following clause –

New Section inserted in Cap 19:05 The principal act is amended by the insertion after section 2 of the following section— “2A Guiding Principles

• The biodiversity, ecological integrity of forest areas and ecosystems must be protected, conserved and used sustainably.
• Plantation forests should be increased and their contribution to national and local economies should be enhanced sustainably.
• The many economic, environmental, social, cultural, spiritual and aesthetic functions and values of forests and woodlands need to be maintained through reduction of deforestation and accrual of benefits from forests by rural and urban communities.
• Planting and conserving trees on farmlands improves land productivity and provision of forest goods and services.
• The value of urban tree resources is multifaceted as they enhance environmental, social, economic and aesthetic values.
• Trade in competitive wood forest products offers potential for increased economic development through employment creation and income generation as well as export earnings but requires an enabling environment for commercial activities, incentives and investment in the wood manufacturing industry.
• Sustainable harvesting of non-timber forest resources for nutrition, health and income generation contributes to poverty reduction.
• Given the complexities and uncertainties inherent in the functioning of natural systems, sustainable management of forests needs to be flexible, adaptive and based on sound science.
• A knowledgeable and well-informed public on forestry issues is essential for effective forest conservation and sustainable management. In addition, indigenous knowledge and practices have valuable contributions to the sustainable use of forest resources.
• The role of forests and trees in climate change should be recognized, given their unique ability to contribute to both climate change adaptation and mitigation.
• Laws are an essential component of effective management of forest resources; therefore they should be dynamic, locally and internationally accountable and should set demands, impose duties and create obligations to society for sustainable use, management and protection of forest resources.
• Efficient, and coordinated institutions at community, district, provincial and national levels are key to effective forest resource conservation and management.
• Mainstreaming of forestry in other sectors’ policies and activities in government, private, community and civil society organizations is vital for an effective forest management system.
• The participation multiple stakeholder, the public sector, private sector, local communities, and civil society in forest management has the potential to improve forest conservation and productivity.
• Inclusion of women and gender balance is vital to forest management; hence the role of women should be recognised and promoted.
• Commitments made at regional and multilateral forums on forests and their use should be reflected in national policies, legislation and practice to ensure sustainable forest management.
• The Commission shall endeavour to provide an equal and fair opportunity in employment of all competent persons and to prohibit discrimination in employment on grounds of race, gender, ethnic background, disability and religious affiliation.”

 

 

INSERTION OF NEW CLAUSE 3

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 1 of the Bill, by the insertion after the new clause 2A of the following clause—

 

 

3. NEW SECTION SUBSTITUTED FOR SECTION 3 (MINISTER MAY APPOINT FOREST OFFICERS)

Section 3 (“Minister may appoint Forest Officers”) of the principal Act is amended by the repeal of section 3 and substitution of the following—

“Director-General may appoint Forest Officers”

The Director-General may appoint any person in the employment of the Commission as a

Forest Officer for the purpose of this Act.”

 

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 5 of the Bill, by the deletion of clause 2 and the substitution of the following—

 

4. AMENDMENT OF SECTION 5 (CONSTITUTION OF COMMISSION AND TERMS OF OFFICE OF COMMISSIONERS) amendment of Clause 2 NOW 4 BY HON. MUSARURWA

On page 1 of the Bill, by insertion after clause (4a) (d) (iv) of the following –

(v) Human resources.

 

Section 5 (“Constitution of Commission and terms of Office of commissioners”) of the principal Act is amended by the deletion and substitution with the following—

(a) In subsection (2) by the deletion of “three years” and substitution with “four years”.

INSERTION OF NEW CLAUSE6

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill to insert after clause 5, the following clauses—

6.  AMENDMENT OF SECTION 17 (LEASE OF DEMARCATED FOREST)

Section 17 (1) (“Lease of Demarcated Forests’) of the Principal Act is amended by— (a)  the repeal of subsection (1) and the substitution of the following—

“(1) The Commission may lease any portion of a demarcated forest with the approval of the Minister.”

(b) Subsection (2) is repealed.

INSERTION OF NEW CLAUSE 7

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 2 of the Bill, to insert after the new clause 6 of the following clause—

7. AMENDMENT OF SECTION 21 (ADVANCES AND GRANTS TO AND BORROWING POWERS OF COMMISSION)

Section 21 (“Funds of the Commission”) of the Principal Act is repealed and substituted with the following—

“21. The Funds of the Commission

The Funds of the Commission shall consist of—

• any money that may be payable to the Commission from moneys appropriated for the purpose by Act of parliament; and
• any loans, donations and grants made to the Commission by any person or Agency or by any Government of any country; and
• any fees or charges in respect of any service rendered by the Commission or received by the Commission in terms of this Act; and
• any other moneys that may accrue to the Commission, within the course of its operations or otherwise.”

INSERTION OF NEW CLAUSE 8

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill to insert after the new clause 7,   following clause—

8. AMENDMENT OF SECTION 25 (ACCOUNTS AND AUDIT)

Section 25 (“Accounts & Audit”) of the principal Act is amended in section 25(3) (a) by the deletion of “the Comptroller and”.

INSERTION OF NEW CLAUSE 9

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill to insert after the new clause 8, the following clause—

9. AMENDMENT OF SECTION 26 (PROCEDURE)

Section 26 (“Procedure”) of the principal Act is amended by the repeal of subsection (2) and the following is substituted—

“The Commission shall hold a meeting—

• at least once every quarter; and
• a special meeting as and when circumstances require.” amendment of Clause 4 NOW 10

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill, by the deletion of clause NOW 10 and the substitution of the following—

10. AMENDMENT OF SECTION 27 (APPOINTMENT AND FUNCTIONS OF CHIEF-EXECUTIVE OFFICER OF COMMISSION)

Section 27 (“Appointment and Functions of Chief-Executive officer of Commission”) of the principal Act is amended as follows—

• by deletion of the words “ Chief Executive Officer” in the Heading and substitution with the following –

“Appointment and Functions of Director-General of the Commission.”

• By the repeal of subsection (1) and substitution of—

“Subject to this section and with the concurrence of the Minister, the Commission shall appoint, on such terms and conditions as the Commission may fix, persons to be the Director-

General and Directors of the Commission.”

• By the repeal of subsection (2) and substitution of the following—

“The Director- General shall be appointed for their knowledge and experience of forestry or other requisite qualifications and skills.” (d) By the repeal of subsection (7).

(e) by the insertion of the following after subsection (6)—

“(7) In appointing the Director-General and any Director, the Commission shall endeavour to ensure that the Director General and any Director reflects the number of males as equal to the number of females in so far as if possible.” amendment of Clause 5 NOW 11

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill, by the deletion of clause 5 NOW 10 and the substitution of the following—

11. AMENDMENT OF SECTION 27A (OTHER STAFF OF COMMISSION)

Section 27A (“other staff of Commission”) of the principal Act is amended by the repeal of subsection (2) and substitution of the following—

(2) “In appointing members of staff the Commission shall endeavour to ensure equitable gender distribution.”

INSERTION OF NEW CLAUSE 12

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 2 of the Bill, by the insertion after clause13 of the following clause—

12. AMENDMENT OF SECTION 55 (OWNER OR OCCUPIER OF PRIVATE LAND SHALL GIVE NOTICE OF INTENTION TO DISPOSE OF INDIGENOUS TIMBER)

Section 55 (2) (c) (Owner or occupier of private land shall give notice of intention to dispose of indigenous timber”) of the Principal Act is amended by the addition of a new paragraph after paragraph (c):

 

“(d) After satisfying the above, the Commission shall carry out an inspection of the private land concerned.”

 

amendment of Clause 7 now 13

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 3 of the Bill, by the deletion of sub clause (a) and (b) and the substitution of the following—

13. AMENDMENT OF SECTION 68 (PROVISION AND MAINTENANCE OF FIRE GUARDS ON COMMON BOUNDARIES)

Section 68 (“Provision and maintenance of fire guards on common boundaries”) of the principal Act is amended—

• by the repeal of the sub-clause (a) and the substitution of the following—

“(4) if any fireguard is of the width required by subsection (3), but its sufficiency for the purposes of this section is disputed on the ground that such fireguard is not sufficiently cleared of inflammable matter, the dispute shall be referred for decision to the designated Forest Officer. Appeals shall lie with the Provincial Head and thereafter the Director-General whose decisions shall be made within ten (10) working days respectively.  

• by the repeal of sub clause (b) and the substitution of the following—

“          (6) If a dispute arises as to the boundaries of the land in respect of which an occupier who is a miner is liable, under the provisions of this section, to assist in the establishment of a common fireguard or to contribute labour or towards the cost necessary to provide and maintain fireguards, such dispute shall be referred for decision to the designated forest officer who shall consult with a local environmental officer, as defined in section 2 of the Environmental Management Act [Chapter 20:27]. Appeals shall lie with the Provincial Head and thereafter the DirectorGeneral whose decisions shall be made within ten (10) working days respectively.

 

AMENDMENT OF CLAUSE 8 NOW 14

 

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 4 of the Bill, in line 1 after the words “by the” delete General Manager and substitute with “Provincial Head.”

 

14. AMENDMENT OF SECTION 69 (ORDERS IN RELATION TO FIREGUARDS)

 

In line 7 and 11 of the Bill delete the word Minister and substitute with the Director-General.

On line 20 of the Bill, delete sub-clause 6 and renumber the subsequent clause accordingly.

 

 

INSERTION OF NEW CLAUSE 11 NOW 17

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 5 of the Bill, by the insertion after clause 11 of the following clause—

17. New Section inserted in Cap 19:05

The principal act is amended by the insertion after section 75 of the following section—

“75A Appeals against decision of Commission

(1)Subject to this section, any person who is aggrieved by any decision of the Commission in terms of this Act, may with twenty-eight (28) days after being notified of the decision or action of the Commission, appeal in writing to the Minister.

Provided that such appeal shall not suspend the operation of a decision of the Commission.

• For the purpose of determining an appeal noted in subsection 1, the Minister may require the Commission to furnish him with the reasons for a decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based.
• The Minister may, after due and expeditious enquiry, make such a decision on any appeal noted in terms of subsection 1.”

(4). An appeal from the decision of the Minister shall lie with the Administrative Court and Part IX of the Environmental Management Act [Chapter 20:27] shall apply, mutatis mutandis, accordingly

amendment of Clause 12 NOW 18

BY MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 5 of the Bill, by the deletion of clause12 and the substitution of the following—

18. AMENDMENT OF SECTION 78 (MAJOR OFFENCES)

Section 78 (“Major Offences”) of the principal Act is amended—

• In subsection (2)—
  • “by the repeal of paragraphs (a) and (b) and the substitution with the following—
    • where damage has been wilfully caused, to a level ten (10) fine or imprisonment for a period not less than five (5) years or both such fine and such imprisonment;
    • in any other case, to a level six (6)  fine or imprisonment for a period not less than two (2) year or both such fine and such imprisonment.”
  • In subsection (3) by the repeal of paragraphs (i) and (ii) and with the substitution of the following—

“ (i) where damage has been wilfully caused, to a level ten (10)  fine or to imprisonment for a period not less than five (5) years or to both such fine and such imprisonment;

(ii) in any other case, to a level six (6) fine or to imprisonment for a not less than two (2) year or both such fine and such imprisonment.”

• By the insertion of a new subsection after subsection (3) as follows—

“        (4) The Court shall take into account such aggravating factors as loss of human life, livestock, wildlife, trees/forest and other property;”

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Zimbabwe Independent Complaints Commission Bill (H.B. 5, 2020)- The Minister of Justice, Legal and Parliamentary Affairs (Referred 11th May, 2021).