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NATIONAL ASSEMBLY VOTES 1_NOVEMBER_2005_NO._31

 

 

No. 31

PARLIAMENT 

OF ZIMBABWE

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VOTES AND PROCEEDINGS OF THE HOUSE

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FIRST SESSION – SIXTH PARLIAMENT

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TUESDAY 1^ST NOVEMBER, 2005

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Quarter-past two o’clock p.m.

Mr Speaker in the Chair.   PRAYERS.   Members Present
Baloyi A.	Chipanga T. S.		Madzore P.
Bhebhe A.	Damasane A.		Majange C.
Bidi, Chief N. S. D	Dandawa, Chief T. M.		Makova C. W
Biti. T. T.	Goche N. T.		Malaba, Chief C. N.
Buka F.	Gonese I. T.		Malinga A. M
Bushu, Chief S.	Gumbo J. M.		Malisa, Chief C.
Chamisa N.	Gumbo R. E. N		Maluleke T H.
Chandengenda D. J.	Gwachiwa C.		Mangwana M. P.
Chapfika D.	Gwetu M.		Marumahoko R.
Charumbira, Chief. F. Z.	Kadzima P.		Mashakada T.
Chebundo B.	Kangai K. M		Matamisa E.E.
Chibaya A.	Kanzama F.		Matimba K. M.
Chidarikire F. E.	Katsande A.		Matshalaga O.
Chigudu T.	Langa A.		Matutu T.
Chikomba L.	Mabika, Chief J.		Mawere M.
Chimanikire G.	Machaya J. M. K		Maziriri E.
Chimbaira G.	Machirori S.		Mdlongwa E.
Chimombe, Chief G. M.	Madubeko J.		Mguni N.
Chinamasa P. A.	Madzimure W.		Mhashu F.
Chihota P. C.	Madzongwe E.		Midzi A. B

 

 

 

Printed by Order of the House

 

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

 

Absent with leave

 

Chindori-Chininga E.

Mnangagwa E. D.

Moyo J. Prof

Moyo L. N. M

Misihairabwi-Mushonga P Mumbengegwi S.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Speaker made an announcement that the Liaison and Coordination Committee would meet on Wednesday 2 November 2005 at 0900 hours in Committee Room No. 4.

 

2. Speaker informed the House that Parliament would soon be publishing the Sixth Parliament directory and members’ biographies. Information on each member had been compiled and would be put in the members’ pigeonholes for verification. Members were requested to look at the write-ups and return the copies to the Public Relations department by 16 November 2005.

 

3. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That provisions of Standing Orders Nos 105 and 106 relating to procedures in connection with the Parliamentary Legal Committee and stages of Bills respectively, be suspended in relation to the Labour Amendment Bill [H.B. 1, 2005] and the General Laws Amendment Bill [H.B. 5A,2005].

 

Motion put and agreed to.

 

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

Date received

 

All Statutory Instruments published in the Government  Gazette during the month of August 2005.

 

All the Statutory Instruments published in the Government

Gazette during the month of September 2005..………………..1 November 2005

 

               General Laws Amendment Bill (H.B. 5A, 2005)

 

Consideration- Forthwith.

 

Amendments in new Clauses 7,11 and 24 put and agreed to, and Bill as amended, adopted.

 

Third reading - forthwith.

 

Bill read a third time.

 

5. The Minister of Justice, Legal and Parliamentary Affairs moved: That Orders of the day for today Nos 1, 2 and 3 stand over until Order of the day No. 4 has been disposed of.

 

Motion put and agreed.

 

6. Makova, seconded by Mr J. M. Gumbo, moved: That this House-

 

EXPRESSES its deepest sorrow on the death of the Minister of State responsible for Indigenisation and Empowerment and Member of Parliament for Gutu North, the Retired Air Chief Marshal, Josiah Thomas Tungamirai;

 

PLACES on record its uttermost appreciation of the dedication and the valuable services, which the late Minister selflessly rendered to Zimbabwe, the Government and Parliament;

 

APPLAUDS the befitting tribute and honour bestowed on the dedicated cadre of the soil by declaring him a National Hero;

 

RESOLVES that its deepest and heartfelt sympathy be conveyed to Mrs. Pamela Tungamirai and family on the motion of the Minister of Justice Legal and Parliamentary Affairs: Debate adjourned until tomorrow.

 

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

 

(House in Committee)

 

Report put for consideration.

 

Prof. Ncube moved: That the Adverse Report be withdrawn.

 

 

(House resumed)

       

The Chairman reported that the Committee of the whole House had considered the Report of the Parliamentary Legal Committee.

 

8. Prof Ncube moved: That the Adverse Report, with leave, be withdrawn.

 

Motion put and agreed to.

 

Second reading - forthwith.

 

Bill read a second time.

 

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

The House adjourned at ten minutes past five o’ clock p.m. until tomorrow.

 

 

 

J.L. NKOMO  Speaker.

 

 

 

 

 

 

 

 

 

 

 

 

WEDNESDAY, 2^nd NOVEMBER 2005

 

QUESTIONS FOR ORAL ANSWERS 

 

 QUESTIONS WITHOUT NOTICE

*    QUESTIONS WITH NOTICE

 

 

1. MR MUTSEKWA: To ask the Minister of Defence to explain:

 

• why a detachment of fifty (50) soldiers under the command of Lt Colonel Richard Sauter is providing close security for the D.R.C. President, Joseph Kabila;

 

• how payment of such services is being effected and the terms of this agreement; and

 

• how long soldiers have been performing these duties and, whether they are being paid in their personal capacities.

 

(Deferred from Wednesday, 12^th October 2005)

 

2. MR MUSA: To ask the Minister of Transport and Communications to explain why the road shoulders on the Harare- Nyamapanda road and sections along the 26km peg on the same road have neither been surfaced nor gravelled, and indicate when this can be undertaken;

 (Deferred from Wednesday, 12^th October 2005)

 

3. MR MUSA: To ask the Minister of Transport and Communications to provide  statistics of road construction and surfacing programmes currently underway throughout the whole country and to indicate  when they were started and when they are likely to be completed;

(Deferred from Wednesday, 12^th October 2005)

 

4. MR. BALOYI: To ask the Minister of Transport and Communication to state:

 

• when the phone lines at Malilati and Chikombedzi in Chiredzi South Constituency which were damaged by Cyclone Elline will be repaired as these phones have not been functioning since then.

 

• the measures that are in place to improve radio and television reception in such areas as Chikombezi, Malipati, Gezamo and Whahwata in Sengwe Area.

 

• when Netone will establish boosters or base stations for the mobile network in Chiredzi South Constituency.

 

(Deferred from Wednesday, 12^th October 2005)

 

 

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

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

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

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

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

7. M_{R GWETU}: To ask the Minister of Water Resources and Infrastructural Development to update the House on the progress made with regards to the Matebeleland Zambezi Water Project in view of the water crisis that the City of Bulawayo is facing.

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

9. MR. CHANDENGENDA:            To ask the Minister of Public Service, Labour and Social Welfare to state

 

1. when the people in Omay district will receive drought relief assistance.

 

1. whether the ministry is considering an increase in the public assistance programme to widows, the disabled, orphans and the elderly in Omay district in view of the high levels of inflation.

 

1. whether the ministry is considering the establishment of an office in Siyakobvu since recipients of the public assistance programme have to travel to Karoi thereby incurring huge expenses.

 

(Deferred from Wednesday, 12^th October 2005)

 

10. MR. W. MADZIMURE:  To ask the Minister of Finance to disclose the value of the country’s foreign currency reserve levels, the target level and state when the target is likely to be achieved.

(Deferred from Wednesday, 12^th October 2005)

 

11. MR. MADZIMURE: To ask the Minister of Finance to:

 

1. a) provide the number and names of the beneficiaries of the Productive Sector Facility.

 

1. c) state the amount paid out to SEDCO, the beneficiaries and the amount paid back. (Deferred from Wednesday, 12^th October 2005)

 

 

12. MR. MADZIMURE: To ask the Minister of Finance to inform the House the number of A2 farmers who have benefited from the Reserve Bank’s Agricultural Loan Facility, who they are and how much they have received.

 

(Deferred from Wednesday, 12^th October 2005)

 

13. MR. MADZIMURE: To ask the Minister of Finance to explain why the Reserve Bank is assuming the role of the commercial banks by lending directly to clients.

 

(Deferred from Wednesday, 12^th October 2005)

 

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

 

1. state the number of housing units that have been built so far in each city or town to house the people whose houses were demolished by operation Murambatsvina.

 

1. name the families that have been accommodated and indicate where they are.

 

1. explain how those who have not been accommodated are surviving and what the government is doing to ensure that children will not die during the coming rainy season due to exposure to harsh conditions.

 

(Deferred from Wednesday, 12^th October 2005)

 

15. MR. MADZIMURE: To ask the Minister of Local Government, Public Works and

Urban Development to explain the presence of government security agents at Hopely Farm and comment on whether this does not resemble a detention camp or

“Keep”.

(Deferred from Wednesday, 12^th October 2005)

 

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

 

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

 

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

 

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

 

 

(Deferred from Wednesday, 12^th October 2005)

 

 

17. MR. CHANDENGENDA: To ask the Minister of Local Government, Public Works and Urban Development to explain whether the Ministry is considering the introduction of a ZUPCO bus service from Chalala to Siyakobvu as the people have to walk 56 kilometres to the nearest hospital.

 

(Deferred from Wednesday, 12^th October 2005)

 

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

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

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

 

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

 

1. the terms of reference of the ZESA board.

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

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

(Deferred from Wednesday, 12^th October 2005)

 

22. MR MUSA: To ask the Minister of Transport and Communications to explain;

 

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

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

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

 

(Deferred from Wednesday, 12^th October 2005)

 

 

 

ORDERS OF THE DAY AND NOTICES OF MOTION

 

 

 

1. Mr Chebundo

Mr Kangai

 

That this House -

 

Takes note of the Half-year Budget Performance Report of the Portfolio Committee on Health and Child Welfare [S.C. 6, 2005]

 

2. Mr Mzembi

Chief Chimombe

 

That this House -

 

Takes note and adopts the First Report of the Portfolio Committee on Lands, Land Reform, Resettlement and Agriculture on the State of Preparedness by the Agricultural Sector for the 2005 / 6 Summer Crop Season [S.C. 5 – 2005]

 

3. Adjourned debate on the motion on the death of Retired Air Chief Marshal Josiah

Thomas Tungamirai (Adjourned 1 November 2005 –Col Makova)

[Day elapsed:1]

 

Question proposed: That this House -

 

EXPRESSES its deepest sorrow on the death of the Minister of State responsible for Indigenisation and Empowerment and Member of Parliament for Gutu North, the Retired Air Chief Marshal, Josiah Thomas Tungamirai;

 

PLACES on record its uttermost appreciation of the dedication and the valuable services which the late Minister selflessly rendered to Zimbabwe, the Government and Parliament;

 

APPLAUDS the befitting tribute and honour bestowed on the dedicated cadre of the soil by declaring him a National Hero;

 

RESOLVES that its deepest and heartfelt sympathy be conveyed to Mrs. Pamela Tungamirai and family.

 

4. Adjourned debate on motion on Mr Morgan Tsvangirai’s anti-government and anti-Zimbabwe campaign (adjourned 13^th October 2005 - The Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed:1]

Question proposed: That this House -

 

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

 

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

 

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

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

 

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

NOW THEREFORE:

 

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

 

EQUALLY CONDEMNS the like-minded Zimbabwe Congress of Trade

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

 

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

5. Adjourned debate on motion on unequal development patterns between constituencies (adjourned 12^th October 2005 - The Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed: 2]

Question proposed: That this House-

 

NOTING the uneven and unequal development patterns between constituencies;

 

DISTURBED at the lack of decisive capital allocations to the 120 Parliamentary constituencies;

 

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

 

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

 

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

 

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

 

6. Adjourned debate on motion on the Report of the fact-finding mission to Zimbabwe to assess the scope and impact of operation Murambatsvina by the

United Nations    (UN) Special Envoy on  Human Settlements.  (adjourned 12^th October 2005 – The Minister of Justice, Legal and Parliamentary Affairs).

 

[ Days elapsed:3]

Question proposed: That this House-

 

NOTING the publication of the “Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina” by the UN Special Envoy on Human Settlements in Zimbabwe, Mrs Anna Kajumulo Tibaijuka.

 

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

 

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

 

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

 

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

 

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

 

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

 

CALLS on government to immediately 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  

 

7. Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 12^th October 2005 - The Minister of Justice, Legal and

Parliamentary Affairs)

 

[Days elapsed: 7]

 

Question proposed: That this House-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8. COMMITTEE: Labour Relations Amendment Bill (H.B.1, 2005) – The Minister of Public Service, Labour and Social Welfare.

 

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

 

10. Adjourned debate on motion in reply to the Presidential Speech (adjourned 11^TH

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

 

[Time elapsed: 6 hours 23 minutes]

 

Question proposed:  That a respectful address be presented to the President of

Zimbabwe as follows-

 

May it please you, Your Excellency, the President:

 

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

 

 

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

 

LABOUR AMENDMENT BILL, 2005 (H.B. 1, 2005)

 

NEW CLAUSE INSERTED IN CAP. 28:01

 

        BY THE MINISTER PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

The principal Act is amended by the insertion after section 82A of the following –

 

“82B Codes and best practice, guidelines and model agreements

The Minister shall publish in the Government Gazette codes of best practices, guidelines and model agreements which the employers and employees may have regard to when performing their duties but they are not obliged to follow them.”

 

AMENDMENT OF CLAUSE 29

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL

WELFARE

In clause 29 on page 7 of the Bill delete subsection (3) and substitute with the following –

 

“(3) The parties or their representatives to any proceedings in the Labour Court shall be entitled to question or cross examine each other or any witness.”

 

AMENDMENT OF CLAUSE 31 OF CAP. 28:01

 

In clause 31 on page 8 of the Bill delete section 92F and substitute with the following-

“Appeals against decisions of Labour Court

92F      (1)       An appeal on a question of law only shall lie to the Supreme Court from any decision of the Labour Court.

 

• Any party wishing to appeal from any decision of the Labour Court on a question of law in terms of subsection (1) shall seek from the President who made the decision leave to appeal that decision.

 

• If the President refuses leave to appeal in terms of subsection (2), the party may seek leave from the judge of the Supreme Court to appeal.”