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NATIONAL ASSEMBLY VOTES 17_AUGUST_2005_NO._22

ADVANCE COPY-UNCORRECTED

 

No.22

PARLIAMENT 

OF ZIMBABWE

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VOTES AND PROCEEDINGS OF THE HOUSE

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FIRST SESSION – SIXTH PARLIAMENT

_________________

 

WEDNESDAY, 17^TH AUGUST 2005

_________________

Quarter-past two o’clock p.m.

 

Speaker in the Chair.

 

PRAYERS.

 

Members Present

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

 

Absent with leave

 

Chinamasa P.

Bhebhe A.

Langa A. Machiriro S  Masuku A.

Mathuthu T.A Mumbengegwi S.S

Sansole J.

Sibindi T.

 

 

 

 

 

Printed by Order of the House

 

 

1. Mr Speaker made an announcement regarding the failure by the printers to produce the Hansard for Tuesday 16^th August 20005 due to lack of paper.

 

2. Questions without notice.

 

3. Questions with notice.

 

4. The Minister of  State Enterprises, Anti-Monopolies and Anti-Corruption (for the Minister of Justice, Legal and Parliamentary Affairs) moved: That the provisions of Standing Order No.197 (5) regarding the period within which the Parliamentary Legal Committee shall report to the House and Standing Order No.104 concerning referral of Bills to Portfolio Committees and Standing Order No. 106 concerning stages of Bills be suspended in respect of the Finance Bill (H. B. 8, 2005) and the Appropriation (Supplementary) Bill (H.B. 9, 2005)

 

Motion put and agreed to.

5. The Minister of  State Enterprises, Anti-Monopolies and Anti-Corruption (for the Minister of Justice, Legal and Parliamentary Affairs) moved: That provisions of Standing Order No. 33 (2) regarding private members business having precedence over government business on Wednesdays up to 6pm be suspended on Wednesday 17^th  August 2005.

 

Motion put and agreed to.

 

6. Adjourned debate on motion to bring in Finance Bill (adjourned -16^th

            August – The Minister of Finance)

[Time elapsed: 2 hours 39 minutes]

 

 Question against proposed: That leave be granted to bring in a Bill to make further provision for the Revenues and Public Funds of Zimbabwe and to make provision for matters connected therewith or incidental thereto –The Minister of Finance.

 

Motion put and agreed to.

 

Bill ordered to be brought in by the Minister of Finance.

 

7. The Minister of Finance, pursuant to the order, presented a Bill to apply a further sum of money for the services of Zimbabwe for the year ending 31 December 2005 – Finance BillB. 9, 2005)

 

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

 

 

 

 

 

 

 

8. On the motion of The Minister of State Enterprises, Anti-Monopolies and AntiCorruption: The House adjourned at twenty five minutes to six o’clock p.m.

 

 

 

 

 

 

J.L. Nkomo

Speaker.

 

 

 

 

ORDERS OF THE DAY AND NOTICE OF MOTIONS

 

 

 

THURSDAY 18^TH AUGUST 2005

 

 

1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: Bill to amend the Constitution of Zimbabwe – Constitution of Zimbabwe Amendment (No.17) Bill (H.B.7, 2005)

             

2. CONSIDERATION : Harare Institute of Technology Bill (H.B. 24A, 2004) – The Minister of Higher and Tertiary Education. 

 

 

3. Recomittal: - COMMITTEE: General Laws Amendment Bill (H.B.5A, 2005) - The              Minister of Justice, Legal and Parliamentary Affairs.

 

(New Clauses inserted after Clause 6 and 10 under consideration. See Notice of

Amendments) 

 

 

4.      COMMITTEE OF SUPPLY. (Supplementary Estimates of Expenditure – Vote Nos. 3,

            5 and 16).

 

 

5. SECOND READING: Finance Bill (H.B.9, 2005) – The Minister of Finance

 

(Contingent upon a non—adverse report being received from the Parliamentary Legal Committee).

 

 

6. Adjourned debate on motion in reply to the Presidential Speech (adjourned 28^TH

July 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

 

[Time elapsed: 6 hours 23 minutes]

 

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

 

May it please you, Your Excellency, the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the Speech, which you have been pleased to address to Parliament- Mr Mzembi

 

7.          BITI                   MADZIMURE

 

That this House-

 

TAKING note of the G8 Agreement on Africa to increase aid and debt relief to African countries to the year 2010 concluded at Gleneagles, Scotland in July 2005;

 

AWARE of the G8’s decision for further aid, debt cancellation, more investment and most importantly revisiting the issue of farm subsidies and the grossly unfair international trade laws and other neo-liberal mischief;

 

ACKNOWLEDGING the importance of and obligation for accountability, good governance, respect of good governance on the part of African Governments, values that African Governments themselves have committed through the African Union and the New Partnership for Africa Initiative;

 

DISAPPOINTED that Government continues to deny the Zimbabwean people the benefit of, inter alia debt cancellation, investment, increased aid levels that would free resources for development and social concerns, as a result of its bad governance, opaqueness and human rights records;

 

ANGERED by the fact that the Zimbabwe Government continues to accumulate odious debt via purchase of arms and other goods not in the national interest;

 

CONDEMNS and CENSORS the Government record of governance and violating human rights;

 

DEMANDS full disclosure from the Minister of Finance of the extent of

Zimbabwe’s domestic and external debt;

 

OBLIGES Government to clean up its act and to comply with its commitments to the UN, the AU and to NEPAD;

 

APPEALS to the African Union and SADC to be firm on the principles of peer review and not to condone gross abuses on citizens by erratic, errand African sister States.

 

8.         MR CHIHOTA                 MR. L. MUGABE

 

That this House-

 

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

 

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

 

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

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

 

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

NOW THEREFORE:

 

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

 

EQUALLY CONDEMNS the like-minded Zimbabwe Congress of Trad

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

 

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

9. Adjourned debate on motion on unequal development patterns between constituencies (adjourned 28^TH July 2005  - The Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed: 1]

Question proposed: That this House-

 

NOTING the uneven and unequal development patterns between constituencies; DISTURBED at the lack of decisive capital allocations to the 120 Parliamentary constituencies;

 

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

 

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

 

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

 

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

        

10. 10. Adjourned debate on Motion on the Report of the fact-finding mission to Zimbabwe to assess the scope and impact of operation Murambatsvina by the United Nations    (UN) Special Envoy on  Human Settlements.  (adjourned 28^th July – The Minister of Justice, Legal and Parliamentary Affairs).

 

[ Days elapsed:2]

 

Question proposed: That this House-

 

NOTING the publication of the ―Report of the Fact-Finding Mission to

Zimbabwe to assess the Scope and Impact of Operation Murambatsvina‖ by the UN Special Envoy on Human Settlements in Zimbabwe, Mrs Anna Kajumulo Tibaijuka.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Amendment proposed by Mr Butau

 

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

 

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

 

APPRECIATING that Government undertook Operation Murambatsvina to

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

 

NOTING that the Report of the UN Secretary General’s special envoy, Mrs Anna Kajumulo Tibaijuka’s Fact-finding Mission to assess the scope and impact of ―Operation Murambatsvina‖ lacks a balanced reflection of the reality on the ground;

 

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

 

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

 

NOW THEREFORE:

 

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

 

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

 

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

 

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

             

11. Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 26^TH July 2005  - The Minister of Justice, Legal and

Parliamentary Affairs)

 

[Days elapsed: 6]

 

Question proposed: That this House-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

NOTICE OF AMENDMENTS

 

GENERAL LAWS AMENDMENT BILL (H. B. 5, 2005)

NEW CLAUSE INSERTED AFTER CLAUSE 6

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

Between lines 7 and 8 on page 3 of the Bill, to insert the following new clause, the existing clause 7 (―Amendment of Cap. 9:15‖) being renumbered clause 8 and the subsequent clauses being renumbered accordingly—

“7 Amendment of section 346A of Cap. 9:07

The Criminal Procedure and Evidence Act [Chapter 9:07] is amended in section 346A (―Standard scale of fines‖) by the repeal of subsection (4) and the substitution of

“(4) A statutory instrument may not be made in terms of subsections (2) or (3) unless a draft has been laid before and approved by resolution of Parliament‖.

NEW CLAUSE INSERTED AFTER CLAUSE 10

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

Between lines 28 and 29 on page 3 of the Bill, to insert the following new clause, the existing clause 10 (―Amendment of Cap. 10:02‖) being renumbered clause 12 and the subsequent clauses being renumbered accordingly—

“11 New Schedule substituted for First Schedule to Cap. 9:23

The First Schedule to the Criminal Law (Codification And Reform) Act

[Chapter 9:23] (No. 23 of 2004) is repealed and the following is substituted

“FIRST SCHEDULE (Sections 2 (1) and 280)

RENTS, SERVICE CHARGES AND SUPPLEMENTARY CHARGES STANDARD SCALE OF FINES

Level                                                                                                     Monetary

amount

	$
1 .....................................................................................................	50 000,00
2 .....................................................................................................	120 000,00
3 .....................................................................................................	250 000,00
4 .....................................................................................................	500 000,00
5 .....................................................................................................	1 000 000,00
6 .....................................................................................................	2 000 000,00
7 .....................................................................................................	4 000 000,00
8 .....................................................................................................	6 000 000,00
9 .....................................................................................................	7 500 000,00
10 .....................................................................................................	10 000 00,00

• ..................................................................................................... 12 500 000,00
• ..................................................................................................... 15 000 000,00
• ..................................................................................................... 20 000 000,00
• ..................................................................................................... 25 000 000,00‖.

 

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

1. Labour Amendment Bill (H.B. 1, 2005)- The Minister of Public Service, Labour and Social Welfare (Referred 22^nd June, 2005).

 

 

2. Education Amendment Bill (H.B. 6, 2005)- The Minister of Education, Sport and Culture (Referred 22^nd June, 2005).

 

3. Finance Bill (H.B. 9, 2005) – The Minister of Finance.(Referred 17^th August, 2005)

 

 

 

 

NOTICE OF COMMITTEE MEETINGS 

 

Thursday, 18^th August 2004

 

At 1000 hours in Committee Room No. 1

 

JUSTICE,     LEGAL     AND     PARLIAMENTARY     AFFAIRS:     Mr.                       Chipanga

(Chairperson), Chief Bidi, Mr Chidarikire, Mr. Chipanga Mr. Coltart, Mr. Gumbo J. M, Mrs. Machirori- Sandura, Mr. Malinga,  Mr. Madzimure,  Chief Malisa, Mr. Matutu, Mrs.

Mawere, Mrs. Misihairabwi- Mushonga, Chief Mudzimurema Clerk – Ms Macheza

 

At 1000 hours in Committee Room No. 4

 

EDUCATION, SPORT AND CULTURE: Mr. Mhashu  (Chairperson),  Mr. Baloyi, Mr. Madubeko, Chief  Malisa,  Mr. Maluleke, Mrs. Matamisa, Mrs. Maziriri, Mr. Mguni, Mr. Moyo L, Mr. Mupukuta , Ms. Pote , Mr. Sibindi. Clerk – Mrs Sunga

 

At 1000 hours in Committee Room No. 3

 

YOUTH, GENDER AND WOMEN’S AFFAIRS: Mrs. Mahofa (Chairperson), Chief Bushu, Mr. Chikomba, Mr. Chebundo, Mr. Chibaya, Chief Dandawa, Mr Kanzama, Mr.

Madzore, Mrs. Matamisa, Ms. Mugabe,  Mr. Mukahlera, Mrs. Satiya, Clerk – Mrs Khumalo

 

Monday, 22^nd August 2005

 

At 0945 hours in Committee RoomNo. 1

 

TRANSPORT AND COMMUNICATION: Mr. Mugabe L (Chairperson), Mr.

Chimbaira, Mr. Chikomba, Mrs. Machirori, Mr. Mdlongwa, Mr. Mubawu, Mr. Ncube D. M, Mrs. Nyauchi, Mr. Porusingazi, Ms. Pote, Mr. Sikhala, Mr. Ziyambi, Mr   Zwizwai, Clerk – Mrs  Nyawo

 

 

At 1000 hours in Committee Room No. 4

 

PUBLIC ACCOUNTS: Mrs Misihairabwi-Mushonga (Chairperson), Chief

Charumbira,. Mr. Chamisa, Chief Chimombe, Mr. Kadzima, Mr. Matimba, Mrs. Misihairabwi-Mushonga, Mr. Moyo L, Mr Mupukuta, Mr Musa, Mr. Ncube F D., Ms. Satiya,  Mrs. Stevenson. Clerk – Mr Daniel

 

At 1400 hours in the Conference Room

 

BUDGET,     FINANCE     AND     ECONOMIC     DEVELOPMENT:     Mr.                            Butau

(Chairperson), Chief Bidi, Mr. Biti,  Mr. Bhebhe, Chief Charumbira, Mr Kanzama Ms. Khupe, Mr.Majange, Mr. Mashakada,   Mr. Mushoriwa,  Mr.Mzembi, Mr. Ncube D.M. Clerk – Mrs Khumalo

 

Tuesday, 23^rd August  2005

 

At 1000 hours in Conference Room

 

FOREIGN AFFAIRS, INDUSTRY AND INTERNATIONAL TRADE: Mr.

Porusingazi (Chairperson), Mr. Gumbo J. M., Mr. Gwetu, Chief Mabika, Mrs.  Mawere, Mr.  Mugabe, Mr. Mukahlera, Mr. Mushoriwa, Mr. Mutomba, Mrs. Mpariwa, Mr.

Ndlovu, , Chief Shana. Clerk – Mr Ratsakatika

 

At 1000 hours in Committee Room No. 1

 

DEFENCE, HOME AFFAIRS AND NATIONAL SECURITY: Col. Makova

(Chairperson), Mr. Chamisa, Mr. Chipanga, Mrs. Dausi-Gwachiwa, Mr. Kadzima, Ms. Khupe, Mr. Madzimure, Mr. Makova. Chief Malaba, Mr. Mutomba, Mr.  Mutsekwa, Prof.  Ncube W., Mrs. Zinyemba Clerk – Mr Mubaiwa

 

At 1000 hours in Committee Room No. 2

 

LOCAL GOVERNMENT: Mrs. Zinyemba (Chairperson), Mr. Chidarikire, Mr.

Chimanikire, Mr. Gonese, Mr. Machaya, Mr. Majange, Chief Malaba, Mr. Matimba, Mr.

Mubawu,  Mr. Mutsekwa, Mrs. Stevenson, Mr. Ziyambi,

Clerk – Mrs Sunga

 

At 1000 hours in Committee Room No. 4

 

 

LANDS, LANDS REFORM, RESETTLEMENT AND AGRICULTURE: Mr.

Mzembi (Chairperson), Chief. Bushu, Chief. Chimombe, Mr. Gabbuza, Mrs. Katsande, Ms. Khumalo, Mrs. Mahofa, Mr. Mguni, Mr. Mkhosi,   Ms. Mugabe,  , Mr. Pote , Mr. Shoko. Clerk – Mr Ndlovu

 

At 1000hours in Committee Room No. 3

 

PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Mrs. Mawere

(Chairperson), Mr. Baloyi, Chief Charumbira, Mr. Chibaya, Mr. Gwetu, Mr. Kangai,

Mr. Maluleke, Mr. Matutu, Mrs Maziriri, Ms. Mpariwa , Mr. Mushore, Mr. Shoko. Clerk- Mrs Muganhiri - Muwandi

 

At 1000 hours in Caucus Room

 

HEALTH     AND     CHILD    WELFARE:    Mr.     Chebundo    (Chairperson),                        Mr.

Chandengenda, Mr. Chindori-Chininga, Mr. Chipanga, Mr. Kangai, Ms. Khumalo, Chief Mabika, Mr. Madubeko, Mr. Madzore, Mr. Mupukuta , Mrs. Nyauchi, Mr. Sansole, Mr.

Zwizwai. Clerk – Ms Mukono