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NATIONAL ASSEMBLY VOTES 18_AUGUST_2005_NO._23

ADVANCE COPY-UNCORRECTED

 

No.23

PARLIAMENT 

OF ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE

_________________

 

FIRST SESSION – SIXTH PARLIAMENT

_________________

 

THURSDAY, 18^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

 

Chebundo B.

Bhebhe A.

Langa A.

Masuku A.

Matshalage O. Mathuthu T.A Mumbengegwi S.S

Sansole J.

Sibindi T.

 

 

 

 

 

Printed by Order of the House

 

 

1. Paper laid upon the table-

 

The Minister of Finance

 

Supplementary Estimates of Expenditure

 

2. Mr Speaker made an announcement regarding an error on today’s Order Paper where the words ―Contingent upon receiving a non adverse Report from the Parliamentary Legal Committee” should have appeared under Order of the Day No. 5.

 

3. The Minister of Justice, Legal and Parliamentary Affairs presented a Bill to amend the Constitution of Zimbabwe- Constitution of Zimbabwe Amendment (No. 17) Bill (H.B. 7, 2005).

 

Bill read a first time.

 

Second reading, with leave, forthwith.

 

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

 

Debate adjourned until Tuesday.

 

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

 

Amendments in Clauses 8, 9, 10, 11, 12, 13, 15, 16, 22, 27, 28 and 33 put and             agreed to, Bill as amended, adopted.

 

Third reading, with leave, forthwith.

 

Bill read a third time.

 

5. The Minister of Justice, Legal and Parliamentary Affairs moved: That order of the day No. 3 for today stands over until Order of the Day No.  12 has been disposed

 

Motion put and agreed to.

 

6. COMMITTEE OF SUPPLY. (Supplementary Estimates of Expenditure – Vote Nos. 3,           5 and 16).

(House in Committee) 

 

(Supplementary Estimates of Expenditure during the year ending 31 December 2005)

 

Vote No. 3 -―Public Service, Labour and Social Welfare‖ $340 000 000 000 put and agreed to.

 

Vote No. 5 -―Finance‖ $2 968 000 000 000 put and agreed to.

 

Vote No. 16 - ―Health and Child Welfare‖ $70 000 000 000 put and agreed to.

 

Supplementary Estimates of Expenditure to be reported without amendments.

 

(House resumed)

 

Supplementary Estimates of Expenditure reported without amendments.

 

Report adopted.

 

Bill ordered to be brought in by the Minister of Finance in accordance with the                     Supplementary Estimates of Expenditure adopted by the House.

 

7 The Minister of Finance pursuant to the order presented a Bill to apply a further sum of money for the service of Zimbabwe during the year ending 31 December 2005 – Appropriation (Supplementary) 2005 Bill H. B 8, 2005

 

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

 

 

8. Reports from the Parliamentary Legal Committee, being adverse reports, on the following Bills.

 

Date received

 

Labour Amendment Bill (H.B.1,2005)

 

Education Amendment Bill (H.B. 6, 2005)…………………..    18^th August 2005

 

Consideration – Tuesday.

9. Report of the Parliamentary Legal Committee, NOT being adverse report on the following Bill.

 

Date received

 

       Finance Bill (H.B. 9, 2005)……………………………………    18^th August 2005

 

Second reading - forthwith.

 

Bill read a second time.

 

Committee - forthwith.

(House in Committee)

 

Clauses 1 – 28 put and agreed to.

 

 

Bill to be reported without amendments.

 

(House resumed)

 

Bill reported without amendments.

 

Third reading - forthwith.

 

Bill read a third time.

 

10. 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 again 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

 

On the Motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until Tuesday .

 

11. Report of the Parliamentary Legal Committee, NOT being adverse report on the following Bill.

 

Date received

 

        Appropriation (Supplementary) Bill (H.B. 8, 2005)………..…    18^th August 2005

 

Second reading - forthwith.

 

Bill read a second time.

 

Third reading - forthwith.

 

Bill read a third time.

 

12. On the motion of The Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at twenty-nine minutes to four o’clock p.m until Tuesday 23^rd August at a quarter past two o’clock in the afternoon.

 

 

 

 

J.L. Nkomo

Speaker.

 

 

 

 

ORDERS OF THE DAY AND NOTICE OF MOTIONS

 

 

 

TUESDAY, 23^RD AUGUST 2005

 

 

1. Adjourned debate on Second Reading of the Constitution of Zimbabwe Amendment (No.17) Bill (H.B.7, 2005) (Adjourned 18^th August 2005 – The Minister of Justice, Legal and Parliamentary Affairs).

 

            Question proposed: That the Bill be now read the second time- The Minister of Justice, Legal and Parliamentary Affairs  

 

2. COMMITTEE: Consideration of an Adverse report by the Parliamentary Legal Committee on the Labour Amendment Bill(H.B. 1, 2005) – Prof. W. Ncube.

 

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

 

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

 

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

 

 

5. Adjourned debate on motion in reply to the Presidential Speech (adjourned 18^TH

August 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

 

 

6. 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.

 

7. MR CHIHOTA
8.    MR. 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.

8. 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 

        

9. 9. 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 Factfinding 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  

             

10. 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

 

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

 

12. COMMITTEE OF SUPPLY.

 

 

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‖.

 

 

 

 

 

 

 

 

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,  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