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NATIONAL ASSEMBLY VOTES 2 FEBRUARY 2023 NO 16

ADVANCE COPY- UNCORRECTED

No. 16

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________

FIFTH SESSION – NINTH PARLIAMENT

_________________

THURSDAY, 2ND FEBRUARY, 2023

_________________

At quarter past two o’clock p.m.

The Speaker in the Chair

Prayers

Members Present

Banda G;

Banda S,

Bhila R,

Bhuda S,

Biti L T

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

Chibaya A

Chidakwa J.,

Chidamba S.,

Chidziva H

Chihururu C.,

Chikombo W

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S

Chimbaira G.,

Chimina L.,

Chimwanza J.

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A,

Chitura L,

Chiwetu J Z

Chombo M,

Dube B,

Dube G,

Dube M.,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gwanongodza E.,

Hamauswa S.,

Houghton J. R,

Hungwe T

Hwende C

Jaja J.,

January S.

Kabozo S.,

Karoro D.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Khumalo M.,

Khumalo S. S.,

Kwaramba G.,

Labode M. R.

Machingauta C.

Madhuku J,

Madiwa C.,

Madzimure W

Madziva S.,

Mafuta S. V.,

Mago N,

Mahlangu S

Makari Z H

Makone S.

Makoni R R,

Makonya J,

Makope M

Mamombe J,

Mandiwanzira S C,

Mangora B.,

Maphosa L.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Mashakada T.

Masiya D.,

Masoka N

Masuku E,

Masvisvi D

Matambo J

Mataranyika D. M.,

Mataruse P.,

Matewu C

Matsikenyere N.,

Matsunga S

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondiah M,

Mchenje S. M.,

Mguni N,

Mguni S K,

Mhere E.,

Miranzi B.

Mkandla M.,

Mkwanda J.,

Mliswa M T,

Mliswa T P

Mnangagwa T. M.,

Mokone S,

Molokele-Tsiye F D,

Moyo C.,

Moyo L.

Moyo Peter,

Moyo Priscilla,

Moyo T.,

Mpame C.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mudau M

Mugadza M

Mukapiko D. L.,

Mukuhlani T.,

Munengami F

Munetsi J.,

Munochinzwa M.

Muponora N.,

Murai E

Murambiwa O,

Murire J, Rtd. Col. Dr

Musabayana D.,

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Muswere J.,

Mutambisi C,

Mutodi E.,

Mutsenyami C P

Ncube M

Ncube Soul,

Ndebele V

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nkomo M,

Nowedza E,

Nyabani T,

Nyabote R.

Nyamudeza S,

Nyashanu M. Dr,

Nyathi E.

Nyathi R. R,

Nyere C.,

Nyika F

Nyokanhete J,

Nyoni I,

Phulu K I

Phuti D.,

Porusingazi E.,

Raidza M.,

Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sanyatwe C.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

Sibanda D P

Sibanda L.

Sibanda O.,

Sithole G K,

Sithole James,

Sithole Josiah,

Tarusenga U D

Taruvinga F.,

Tekeshe D.,

Tembo M

Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma S.,

Tsuura N.,

Tungamirai T.,

Watson N J,

Zemura L,

Zhou P,

Zhou T,

Ziyambi ,

Zwizwai M

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

Printed by Order of the House

Absent with leave

Hon. Ncube E.

1. The Speaker informed the House that on Friday 16 December, 2022, Parliament received a petition from the Zimbabwe Natural Resources Council beseeching Parliament to, among other things, to exercise its oversight role by holding the Ministries of Mines and Mining Development, Environment, Climate, Tourism and Hospitality Industry and the Environmental Agency accountable and ensure the destruction of Mutare river is curbed. The petition was referred to the Portfolio Committee on Mines and Mining Development.

Reports from the Parliamentary Legal Committee NOT being adverse reports on

the following Bill and Statutory Instrument-

Date received

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

Statutory Instruments 1-9 published in the Gazette during the month of January,

2023………………………………………………………….2nd February, 2023

Consideration, with leave, forthwith.

Consideration: National Security Council Bill (H.B. 2A, 2022) as amended-

The Minister of Justice Legal and Parliamentary Affairs.

Amendment in clause 3, put and agreed to.

Bill as amended, adopted.

Third reading, with leave, forthwith.

Bill read a third time.

Bill transmitted to Senate

Date Transmitted

National Security Council Bill (H.B. 2A, 2022) ...……………. February, 2023.

Committee resumed on the Judicial Laws Amendment Bill, (H.B. 3. 2022)- The Minister of Justice, Legal and Parliamentary Affairs (Progress reported: 31st January 2023– The Minister of Justice, Legal and Parliamentary Affairs).

(House in Committee)

On clause 3,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 3 on page 2 of the Bill and substitute with the following:

3 Substitution of section 5 of Cap 7:22

Section 5 of the principal Act is repealed and substituted by¾

“5 Decisions of Court

(1) The decision of the Court shall be the decision of the majority of the Judges.

(2) The Court shall not be bound by any of its own judgments, rulings or opinions, nor by the judgments or opinions of its predecessors.”

Amendment put,

The Minister of Justice, Legal and Parliamentary Affairs, moved:

To delete subparagraph (2).

Amendment put and agreed to.

Clause 3, as amended, put and agreed to.

On new clause 4,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert new clause 4 and the subsequent clauses to be renumbered accordingly.

4 New section inserted in Cap 7:22

The principal Act is amended by the insertion of the following section after section 9¾

“9A Friend of Court

(1) The Court may allow a person with expertise in a particular matter which is before the Court to appear as a friend of the Court.

(2) Leave to appear as a friend of the Court may be granted to a person on application orally or in writing.

(3) The Court may, on its own motion, request a person with expertise to appear as friend of the Court in a matter before it.

Amendment put and agreed to

New clause 4, put and agreed to

On new clause 5,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert new clause 5 and the subsequent clauses to be renumbered accordingly.

5 Amendment of section 10 of Cap 7:22

Section 10 (“Sittings and vacation”) of the principal Act is amended by the insertion of the following subsection, the existing section becoming subsection (1) ¾

“(2) Subject to subsection (3), rules may provide for the sittings of the Court and of judges of the Court, whether sitting in court or in chambers, to be conducted by the use of any electronic or other means of communication by which all parties to the proceedings at the sitting can hear, be heard, and see and be seen, at the same time without being physically present together (hereinafter referred to as “virtual sittings”)

(3) The parties concerned must consent to their proceedings being conducted by way of a virtual sitting, but In the event that any one of the parties to a proposed virtual sitting does not consent to the virtual sitting, the Court shall have discretion to determine whether or not the sitting shall be held virtually.

(4) Rules shall make provision for the public to have access to virtual sittings.

(5) Any party who participated in a virtual sitting for which provision is made in the rules is deemed for all purposes to have been present at the sitting.”

Amendment put and agreed to.

New clause 5, put and agreed to.

On new clause 6,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert new clause 6 and the subsequent clauses to be renumbered accordingly.

6 Amendment of section 16 of Cap 7:22

Section 16 (“Appointment of Registrar and officers of Court”) of the principal Act is amended by the insertion of the following subsection after subsection (2) ¾

“(3) The Registrar and other officers of the Court shall perform such functions and exercise such powers as may be conferred upon them by this Act and the rules.”.

Amendment put and agreed to.

New clause 6, put and agreed to.

On new clause 7,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert new clause 7 and the subsequent clauses to be renumbered accordingly.7

Substitution of section 22 of Cap 7:22

Section 22 of the principal Act is repealed and substituted by¾

22 Procedure for invalidation of law, etc

(1) The rules may prescribe the procedure for the confirmation of any order of constitutional invalidity made by another court that has the effect of invalidating an Act of Parliament or any conduct of the President or Parliament.

(2) The Attorney-General shall be entitled to be heard by the Court on the question of whether an Act of Parliament or any conduct of the President or Parliament is in contravention of the Constitution, whether or not the Attorney-General was a party to the proceedings in which any order of constitutional invalidity affecting such Act or conduct was made by another court.”

Amendment put and agreed to.

New clause 7, put and agreed to.

On new clause 8,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert new clause 8 and the subsequent clauses to be renumbered accordingly.

8 Minor amendments to Cap. 7:22

The provisions of the principal Act specified in the first column of the Schedule are amended to the extent set out opposite thereto in the second column.

Amendment put and agreed to.

New clause 8, put and agreed to.

On clause 4 (now 9),

The Minister of Justice, Legal and Parliamentary Affairs, moved:

To delete clause 4 (now 9) and substitute with the following:

Clause 4 (“Amendment of section 27 of Cap 7.23”) of the Bill is amended on page 2—

in line 27 by deletion of “hear and be heard” and the substitution of “hear, be heard, see and be seen.”;
in lines 30 and 31 by the deletion of the proviso to sub-clause (2) and the substitution of the following new sub-clause—

“(3) The parties concerned must consent to their proceedings being conducted by way of a virtual sitting, but In the event that any one of the parties to a proposed virtual sitting does not consent to the virtual sitting, the Court shall have discretion to determine whether or not the sitting shall be held virtually.”

and the subsequent sub-clauses shall accordingly be renumbered.

in line 33 by the insertion of a new sub-clause as follows—

“(4) Rules shall make provision for the public to have access to virtual sittings.”.

and the subsequent sub-clause shall accordingly be renumbered.

Amendment put and agreed to.

Clause 4 (now 9), as amended, put and agreed to.

On clause 5 (now 10),

The Minister of Justice, Legal and Parliamentary Affairs, moved:

To delete clause 4 (now 9) and substitute with the following:

“ 5. Amendment of section 2 of Cap 7:06

Section 2 (“Interpretation”) of the principal Act is amended by the insertion after the definition of “civil case” of the following definition—

““Deputy Judge President” means the Deputy Judge President of the High Court;”.

Amendment put and agreed to

Clause 5 (now clause 10), as amended, put and agreed to

Clause 6 (now clause 11), put and agreed to.

New clause 7 (now clause12),

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 3 in line 4, the Bill is amended by the insertion of a new clause 7 (now clause 12) as follows—

“12. Insertion of new section to Cap 7:06

The principal Act is amended by the insertion of the following section after section 3—

“ 3A. Deputy Judge President

(1) There shall be a Deputy Judge President who will be appointed in the same way that the Judge President is appointed in section 180(2) of the Constitution.

(2) Whenever it is necessary to appoint a Deputy Judge President, the

Judicial Service Commission must—

advertise the position;
invite the President and the public to make nominations;
conduct public interviews of prospective candidates;
prepare a list of three qualified persons as nominees for the office; and
submit the list to the President;

whereupon, subject to subsection (3), the President must appoint one of the

nominees to the office concerned.

(3) If the President considers that none of the persons on the list submitted

to him or her in terms of subsection (2)(e) are suitable for appointment to the

office, he or she must require the Judicial Service Commission to submit a

further list of three qualified persons, whereupon the President must appoint

one of the nominees to the office concerned.

(4) The Deputy Judge President shall assist the Judge President in the exercise of

his or her functions, and shall perform other functions as the Judge President may

assign to him or her.

(5) The President must cause notice of the appointment of the Deputy

Judge President to be published in the Gazette.”.

And the subsequent clause being renumbered accordingly.

Amendment put and agreed to.

New clause 7 (now clause 12), put and agreed to.

On clause 7 (now clause 13),

T he Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 7 (now clause 13) and substitute with the following-

“ 7. Amendment of section 2 of Cap 7:06

Section 47 (“Sittings of the High Court”) of the principal Act is amended by the repeal of subsection (3) and the substitution of the following sub-sections—

“(3) Rules of court for virtual sittings shall apply to both civil and criminal proceedings.

(4) Rules shall make provision for the public to have access to virtual sittings.”.

and the subsequent sub-clause shall accordingly be renumbered.

Amendment put and agreed to.

Clause 7 (now clause 13), as amended, put and agreed to.

On clause 8 (now clause 14),

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 3 of the Bill to delete clause 8 (now clause 14)) and substitute with the following-

In lines 23 and 24 by deletion of “hear and be heard” and the substitution of “hear, be heard, see and be seen.”;

(b) In lines 25 and 26 by the deletion of the proviso to sub-clause (2) and the substitution of the following new sub-clause—

and the subsequent sub-clauses shall accordingly be renumbered.

“(4) Rules shall make provision for the public to have access to virtual sittings.”.

Amendment put and agreed to.

Clause 8( now clause 14), as amended, put and agreed to

Clause 9 (now clause 15), put and agreed to.

On clause 10 (now clause 16),

The Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 10 (now 19) and substitute with the following:

Clause 10 (“Amendment of section 12 of Cap 7.01”) of the Bill is amended on page 3—

in line 4 by deletion of “hear and be heard” and the substitution of “hear, be heard, see and be seen.”;
in lines 7 and 8 by the deletion of the proviso to sub-clause (2) and the substitution of the following new sub-clause—

and the subsequent sub-clauses shall accordingly be renumbered.

Before line 10 by the insertion of a new sub-clause as follows—

“(4) Rules shall make provision for the public to have access to virtual sittings.”.

and the subsequent sub-clause shall accordingly be renumbered.

Amendment put and agreed to.

Clause 10 (now clause 16), as amended, put and agreed to

On Clause 11 (now clause 17),

The Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 11 (now clause 17) and the subsequent clauses be renumbered accordingly.

Amendment put and agreed to.

Clause 12 to 15 (now clauses 17 to 20), put and agreed to.

On clauses 16 (now clause 21),

The Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 16 (now clause 21) and the subsequent clauses renumbered accordingly.

Amendment put and agreed to.

On clauses 17 (now clause 21),

The Minister of Justice, Legal and Parliamentary Affairs moved:

To delete clause 17 (now clause 21) and the subsequent clauses renumbered accordingly.

Amendment put and agreed to.

Clauses 18 to 20 (now clauses 21 to 23), put and agreed to.

On new Schedule,

The Minister of Justice, Legal and Parliamentary Affairs moved:

To insert the following Schedule:

schedule (section 6)

Minor Amendments To Constitutional Court Act [Chapter 7:22] (No. 5 of 2022)

Provision	Extent of Amendment
Section 16(1)	By the deletion of “Commission whose”. and the substitution of “Commission and whose”.
Section 19(3)	By the deletion of “in rules of Court” and the substitution of “the rules”.
Section 22(4), 24(1) and (2)	By the deletion of “The court” and the substitution of “The Court”.
Section 25	By the deletion of “his duties” and the substitution of “his or her duties”.
Sections 26(1)(p)	By the deletion of “for purpose of delay” and the substitution of “for the purpose of delay”.
Sections 27	By the deletion of “may issue practice directives” and the substitution of “may, after consultation with the committee referred to in section 26 (1), issue practice directions”.

Amendment put and agreed to.

Bill to be reported with amendments.

(House resumed)

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

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

Motion put and agreed to.

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

Justice, Legal and Parliamentary Affairs

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until tomorrow.

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at quarter past five o`clock pm.

HON. ADVOCATE J. F. N. MUDENDA,

Speaker.

FRIDAY, 3RD FEBRUARY, 2023

ORDERS OF THE DAY AND NOTICES OF MOTIONS

Adjourned debate on motion on the Second Reading of the Child Justice Bill, (H. B. 11, 2021) (Adjourned 31st January 2023 – The Minister of Justice, Legal and Parliamentary Affairs).

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

Adjourned debate on motion on the Second Reading of the Electoral Amendment Bill, (H.B. 11, 2022) (Adjourned 2nd February, 2023 – The Minister of Justice, Legal and Parliamentary Affairs).

Question proposed: That the Electoral Amendment Bill, (H.B. 11, 2022) be

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

Affairs.

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

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

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

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

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

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

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

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

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

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

Adjourned debate on motion on the Second Reading of the Prisons and

Correctional Services Bill, (H. B. 6, 2022) (Adjourned 31st January 2023 – The

Minister of Justice, Legal and Parliamentary Affairs).

Question proposed: That the Prisons and Correctional Services Bill, (H. B. 6,

2022) be now read a second time – The Minister of Justice, Legal and

Parliamentary Affairs

Adjourned debate on motion on the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections (Adjourned 31st January 2023- The Minister of Justice, Legal and Parliamentary Affairs

Question proposed: That this House takes note of the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections, presented to this House of Parliament in terms of section 241 of the Constitution of Zimbabwe as read with section 13 (1) of the Electoral Act [2.13]- The Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on motion in reply to the Presidential Speech (Adjourned 1st

February 2023- The Minister of Justice, Legal and Parliamentary Affairs).

[Days elapsed: 2]

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

12. B. Dube

Hon. Mliswa

[Days elapsed: 12]

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

Hon. Mataranyika

Hon. Raidza

[Days elapsed: 11]

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

Hon. Mokone

Hon. Nyabani

[Days elapsed: 10]

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

Information, Media and Broadcasting Services on accreditation process of

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

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

Hon. Mokone

Hon. Sithole J.

[Days elapsed: 10]

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

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

(S.C.40, 2022).

Hon. Mathe

Hon. Watson

[Day elapsed: 7]

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

Hon. Shamu

Hon. Priscilla Moyo

[Days elapsed: 2]

That this House takes note of the Delegation Report of the Bilateral Visit to India by a Parliamentary Delegation led by Hon. Advocate Jacob Francis Nzwidamilimo Mudenda, Speaker of Parliament from 5 to 12 December 2022.

Hon. Ndiweni

Hon. A. Ndebele

[Days elapsed: 2]

That this House takes note of the Delegation Report of the 52^nd Plenary Assembly Session of the SADC-Parliamentary Forum held in the Democratic Republic of Congo from 3 to 11 December 2022.

Hon. Chidakwa

Hon. Madiwa

[Day elapsed: 1]

That this House-

CONCERNED that Zimbabwe has not yet fully benefited from its mineral

resources due to illicit mineral outflows;

ACKNOWLEDGING that most of the mining companies in Zimbabwe are

privately owned resulting in mineral leakages and challenges faced by

government in curbing such loses;

ALSO NOTING that enforcing accountability on mineral beneficiation outside

Zimbabwe is not an easy task for government;

DETERMINED to ensure that Zimbabwe derives optimum benefits from its

Share of minerals accrued as royalty tax in the form of money, considering the

limited capacity of the government to determine the quantum value that has to

be received;

NOW, THEREFORE, calls upon government to-

Open up new mines to private investors so that more benefits can be accrued by the state; and
Put in place a strategic legal framework for mines to be professionally run through contracted private investors in order to avoid illicit mineral leakages.

Hon. B. Dube

Hon. Nduna

[Day elapsed: 1]

That this House considers and adopts the report of the Public Accounts Committee on the Analysis of Auditor General’s 2020 Report of the Harare City Council.

Hon. Mayihlome

Hon. Nguluvhe

[Day elapsed: 1]

That this House takes note of the Report of the Portfolio Committee on Defence,

Home Affairs and Security Services on the Benchmark visit to Namibia on

welfare of veterans of the liberation struggle from 18 to 24 September (S.C. 42,

2022)

Hon. Gabbuza

Hon. Mnangagwa

That this House considers and adopts the Report of the Portfolio Committee on Energy and Power Development on the supply and distribution of transformers in Zimbabwe (S.C. 44, 2022).

WEDNESDAY, 8TH FEBRUARY, 2023

QUESTIONS FOR ORAL ANSWERS

♦ QUESTIONS WITHOUT NOTICE

*QUESTIONS WITH NOTICE

Hon Markham: To ask the Minister of Finance and Economic Development to explain the following to the House:
The establishment process and date of creation of Kuvimba Mining House;
The legal instrument for its establishment given that Government is the majority shareholder;
Who the shareholders are, the percentage of their shares, and what their contributions are in the Company;
Where the company is registered, and what its sister or sub-companies are;
Who are the other shareholders directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
What the current asset value of Kuvimba Mining House including definable resources is; and
To further confirm whether a tender was issued for any disposal or acquisition of State assets or/and enterprises.

Hon Markham: To ask the Minister of Finance and Economic Development, as manager of state assets and funds, to explain to the House why the Ministry has not submitted reports, strategic plans, and results of Kuvimba Mining House for consecutive years since its inception in accordance with the Public Entities and Corporate Governance Act (Cap 10: 31).

Hon Markham: To ask the Minister of Finance and Economic Development to explain why the Ministry has not submitted the following, in relation to the ZAMCO debt acquisition beneficiaries, to Parliament:
List all the individuals and companies whose debt was acquired;
List of financial institutions that were owed before acquisition;
How the debt was acquired and approved by Parliament without any list or explanation as to who the end beneficiaries were; and
How the beneficiaries were identified, and to avail to Parliament the minutes of the meetings that were held to identify the beneficiaries.

Markham: To ask the Minister of Finance and Economic Development to inform the House on the following:
Annual income and expenditure of the Sovereign Wealth Fund annually since its inception and the management modalities of the Fund;
Who makes the operational decisions on expenditure and programs of the Fund;
Who comprises the current Board, and if Minister could provide proof that these were done in a transparent manner;
To confirm if the Fund were ever audited;
To submit before the House the annual board reports and the strategic plans;
Who the appointed investment managers are and how they were appointed; and
To confirm all accounts that the RBZ is custodian to, and if there are any other custodians.

Markham: To ask the Minister of Finance and Economic Development to provide Annual Returns, including investment mandates and guidelines and the performance of funds, as well as any other reports of the Sovereign Wealth Fund that must be tabled before Parliament.

Markham: To ask the Minister of Finance and Economic Development to confirm whether the Sovereign Wealth Fund covers any Government Debt, lending, or can be used as government collateral or guarantee to any liability.

Markham: To ask the Minister of Finance and Economic Development to explain why seven years after the Act was passed there is still no website, no contact details, no board details, no executive detail, no address, and no fund details for the Sovereign Wealth Fund; and

Markham: To ask the Minister of Local Government and Public Works to explain to the House whether Members of Parliament and Councilors have been consulted on the distribution of Devolution Funds in the absence of the Devolution Bill.

Markham: To ask the Minister of Justice, Legal and Parliamentary Affairs to explain to the House:
Why the Justice Uchena Report has still not been brought before this House even though it was completed and handed to His Excellency, the President, in December 2019; and
To further elaborate how much money was used by the Commission and to state when it was paid out.

Markham: To ask the Minister of Transport and Infrastructural Development which administers the Zimbabwe National Roads Authority (ZINARA) to inform the House:
How much ZINARA distributed annually province by province from all monies collected per enterprise since 2013;
How much money was collected by ZINARA in the City of Harare per annum since 2013 and how much was paid out to the City of Harare over that period;
To confirm the payments to Univern or its subsidiary in terms of commissions, in relation to other contracts and goods supplied; and
Progress made with Univern in relation to:
Reducing the commission
Enforcing the penalty clause in the agreement to supply graders

Munochinzwa: To ask the Minister of Women Affairs, SMEs and Community Development to appraise the House on the measure being put in place to mitigate poverty prevalence among women in the country.

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

1. Criminal Law (Codification and Reform) Amendment Bill (H.B. 15, 2022) – The

Minister of Justice, Legal and Parliamentary Affairs (Referred 1st February, 2023)

2. Police Amendment Bill (H.B. 1, 2023) – The Minister of Home Affairs and Cultural Heritage (Referred 1st February, 2023)

3. Institute of Loss Control and Private Security Managers Bill (H. B. 5, 2022)- Dr. Col. (Rtd) Murire (Referred 1st February, 2023)

Judicial Laws Amendment Bill, (H.B. 3. 2022)- The Minister of Justice, Legal and Parliamentary Affairs (Referred 2nd February, 2023)

NOTICE OF AMENDMENTS

Police Amendment Bill, 2020 (H.B. 2, 2021)

Amendment of Preamble

By the Minister of Justice, Legal and Parliamentary Affairs

In the Preamble in page 2 of the Bill insert after line 39 (before the enacting formula) the following:¾

“(4) An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 223, the conditions of service of members of the Police Service.”

…

221 Commissioner-General of Police

(1) The Police Service is under the command of a Commissioner-General of Police appointed by the President after consultation with the Minister responsible for the police.

(2) The Commissioner-General of Police is appointed for a five-year term which may be renewed once.

(3) A person who has served as Commissioner-General of Police may not be appointed to the command of any other security service.

(4) The Commissioner-General of Police must exercise his or her command in accordance with any general written policy directives given by the Minister responsible for the police acting under the authority of the President.”

Amendment of Clause 6

By the Minister of Justice, Legal and Parliamentary Affairs

On page 3 of the Bill in Clause 6, the substituted new section 9 (“Standing Orders”), delete subsection (1) between lines 37 and 39 and substitute the following:¾

“(1) Subject to this Act, in consultation with the Police Service Commission and with the approval of the Minister, the Commissioner-General may make Standing Orders with respect to the discipline, regulation and orderly conduct of the affairs of the Police Force.”

Deletion of Clause 9

By the Minister of Justice, Legal and Parliamentary Affairs

On page 4 of the Bill , delete clause 9 between lines 19 and 26 and renumber the subsequent clauses accordingly.

new clause substituted for clause 10

By the Minister of Justice, Legal and Parliamentary Affairs

On page 4 of the Bill, delete clause 10 between lines 27 and 30 and substitute the following: clause¾

“10 Amendment of section 16 of Cap. 11:10

Section 10 (“Promotion of non-commissioned members”) of the principal Act is amended by the repeal of subsection (1) and the substitution of—

“(1) Subject to subsection (2), the Commissioner-general, with the approval of the Police Service Commission, may promote any member to any rank other than a commissioned rank.”.

new clause substituted for clause 11

By the Minister of Justice, Legal and Parliamentary Affairs

On page 4 of the Bill, delete clause 11 between lines 31 and 33 and substitute the following: clause¾

“11 Amendment of section 18 of Cap. 11:10

Section 18 (“Reappointments and acting ranks”) of the principal Act is amended by the repeal of subsection (1) and the substitution of—

“(1) The Police Service Commission, on the advice of the Commissioner-General given after consultation with the Minister, may reappoint to the Regular Force for a specified period or specified periods a person who has retired in terms of this Act, and in that event the person concerned shall be reappointed with such rank, not being higher than the rank held by him or her immediately before he or she so retired, as may be specified by the Commissioner-General.”.

Deletion of Clause 12 (Now clause 11)

By the Minister of Justice, Legal and Parliamentary Affairs

On page 4 of the Bill , delete clause 12 between lines 34 and 41 and renumber the subsequent clauses accordingly.

insertion of new clAuse after claus 14 (Now clause 13)

By the Minister of Justice, Legal and Parliamentary Affairs

On page 5 of the Bill, insert after clause 14 (now clause 13) in Clause 6, the following: clause¾

“14 Amendment of section 35 of Cap. 11:10

Section 35 (“Procedure at trials under Act”) of the principal Act is amended by the insertion of the following subsection after subsection (3)—

“(4) The officer or board of officers as the case may be, presiding at a trial in terms of this Act, shall, if an accused member has been summoned, notified or warned to appear before him, her or it, have power to issue a warrant of arrest against any accused member who fails to appear before such a board or officer without just cause.”.

Deletion of Clause 16

By the Minister of Justice, Legal and Parliamentary Affairs

On page 5 of the Bill , delete clause 16 between lines 9 and 12 and renumber the subsequent clauses accordingly.

insertion of new clauses after claus 18 (Now clause 17)

By the Minister of Justice, Legal and Parliamentary Affairs

On page 5 of the Bill, insert after clause 18 (now clause 17) n Clause 6, the following: clause¾

“18 New section inserted in Cap. 11:10

The principal Act is amended by the insertion of the following section after section 61 —

“61 Protection of Police Property

(1) In this section—

“notified mark” means any mark, marks or insignia notified for the purposes of subsection (2).

“(1) The Minister may, by notice in a statutory instrument, declare and make known what mark, marks or insignia shall denote that an item on which it appears (including any arms, clothing, equipment, animal, vehicle, aircraft or boat used by the Police Service on duty) is the property of the Police Service.

(3) Any person who—

(a) applies to any arms, clothing, equipment, animal, vehicle, aircraft or boat or other thing whatsoever any notified mark with the intent that it should be mistaken for being the property of the Police Service on duty; or

(b) defaces or conceals any notified mark with the intent that it should be not be identified as being the property of the Police Service; or

(c) without the leave in writing of the Commissioner-General unlawfully receives, possesses, advertises, delivers or otherwise deals with any thing whatsoever bearing the notified mark that is used by the Police Service on duty, including any arms, clothing, equipment, animal, vehicle, aircraft or boat;

Shall be guilty of an offence and liable to a fine not exceeding level 6 or to imprisonment for a period not exceeding one year or to botyh such fine and such imprisonment.”

“19 Substitution of section 66 in Cap. 11:10

Section 66 of the principal Act is repealed and substituted by —

“66 Wearing of uniforms, badges, etc of Police Service

(1) In this section—

“uniform” means any article or apparel, including a badge, button, braid or insignia worn with any particular items of clothing, designed for the use of the Police Service.

(2) No person shall be allowed to be in possession of, manufacture, trade, sale, exchange or dispose of or wear any uniform, badge, button, braid or insignia designed for the Police Service or anything which might reasonably be mistaken for any such uniform, badge, button, braid or insignia unless the person—

(a) is a member of the Police Service entitled by reason of his or her appointment, rank or designation to wear such uniform, badge, button, braid or insignia; and

(b) is a manufacturer or trader of the items in question lawfully contracted by the Police Service to make the items in question on behalf of, or supply or sell them to the Police Service alone;

(c) is an entertainer or agent of an entertainer who is permitted in writing by the Commissioner-General of Police to wear the items in question or avail them to be worn by his or her principals, colleagues, associates or employees on specified occasions and places and for a specified time

(3) Any person who contravenes subsection (3) shall be guilty of an offence and liable to a fine not exceeding level 6 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.”

new clause substituted for clause 20

By the Minister of Justice, Legal and Parliamentary Affairs

On page 5 of the Bill, delete clause 20 at the end of the Bill and substitute the following: clause¾

“20 Amendment of section 72 of Cap. 11:10

Section 72 (“Regulations”) of the principal Act is amended—

(a) by the repeal of subsection (1) and the substitution of—

“(1) Subject to this Act and section 223 (2) of the Constitution, the Police Service Commission, in consultation with the Commissioner-General and with the approval of Minister, may make regulations providing for all matters which in terms of this Act are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(b) in subsection (2) by the insertion of the following paragraph after paragraph (n)—

(o) the grievance procedure to be followed by members, including the manner of lodging, processing or settling and grievance arising form a policy, directive or standing order of the Commissioner-General in the discharge of the Commissioner-General’s office.”.

NATIONAL ASSEMBLY VOTES 2 FEBRUARY 2023 NO 16

NATIONAL ASSEMBLY VOTES 2 FEBRUARY 2023 NO 16

ZIMBABWE

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