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NATIONAL ASSEMBLY VOTES 20 DECEMBER 2006 NO 29

ADVANCE COPY-UNCORRECTED

 

No. 29

PARLIAMENT

  

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________

 

 

SECOND SESSION – SIXTH PARLIAMENT

 

________________

 

WEDNESDAY, 20TH DECEMBER 2006

_________________

Quarter past two o‟clock p.m

Mr  Speaker in the Chair    
 

PRAYERS.

Members present

 
Bhebhe A

Bidi N. Chief

Buka F

Bushu S. Chief

Butau D

Chandengenda D. J.

Chapfika D.

Chibaya A

Chidarikirre F E  Chigudu T.

Chigwedere  A S

Chikomba L Chimombe Chief G.

Chinamasa P A

Chihota P C

Chininga E T C

Chipanga T S  Chiurayi E.

Chiwewe W

Chombo I M. C  Damasane A.

Dandawa Chief T.

Dokora L. D. K.

Gabbuza J. G.

Goche N T

Gumbo J. M.

Gwetu M

Kadzima P

Kangai K. M

Kanzama F

Kasukuwere S

Karimanzira D. I

Katsande A

Kaukonde R J

Khumalo N. M

Langa A

Mabika Chief J

Machaya J. M. K

Made J. M

Mahofa S. B

Majange C

Makova C W

Malinga A. M

Malisa Chief C

Maluleke T. H

Mangwana M P

Manyika E. T

Marumahoko R

Masawi E. S

Matimba K. M

Matiza J. B

Matonga B

Mathema C

Mathuthu T A

Matuke L

Mawere M

Maziriri E.  Mdlongwa E Mguni N.

Midzi A. B

Mkosi E. T. M

Mnangagwa E. D

Mohadi K. C

Mpofu O M

Msika J W  Mssipa C.

Muchena O. N.

    2    
Mudenge I S

Mudzimurema

Chief P. M

Mugabe L  Muguti E.

Mujuru J. T. R.

Mumbengegwi S. C

Mupukuta L. S

Murerwa H. M.

Musa C. J  Mushore L.

Mushoriwa E.

Mushohwe C C

Mutasa D N E  Mutezo M.

Mutinhiri A.

Mutomba W

Mzembi W

Ncube D. M

Nhema C D F

Nyambuya M R

Nyanhongo M H

Nyauchi E

Nyoni S

Parirenyatwa D P

Porusingazi E

Pote C. M

Samkange N.

Sansole J

Satiya C

Sekeramayi S T

Shamu W K

Shana Chief N Z J  Sibanda G. J.

Sikhala J

Steveson B G

Zhuwao P

Ziyambi Z W I

 

 

 

 

 

 

 

 

 

 

 

Absent with leave

Hon. E. Matamisa

Hon. C. Satiya

 

  1. Paper laid upon the Table-

 

The Minister of industry and International Trade

 

Annual   Report No. 42 of   the Industrial Development Corporation of Zimbabwe.

 

  1. THE SPEAKER: I have to inform the House that His Excellency, The President of the Republic of Zimbabwe will address Parliament on the State of the Nation at 3 o‟clock pm on Wednesday 20th December 2006 in the House of Assembly and that business of the House would resume after the State of the Nation Address.

 

  1. Business suspended at seventeen minutes past two o‟clock p.m.

 

  1. The President of the Senate and Hon. Senators took their seats in the House at twenty minutes to three o‟clock p.m.

 

  1. His Excellency, the President of the Republic of Zimbabwe, was pleased to address Parliament from the Chair at three o‟clock p.m.

 

(Printer insert Presidential Speech)

 

  1. The Speaker laid upon the Table the Speech, which the President was pleased to deliver to

 

  1. Business resumed at sixteen minutes to four o‟clock p.m.

 

  1. The Speaker made an announcement that pursuant to the Chair‟s ruling on Thursday, 20th November 2006, that there existed a prima facie case of contempt of Parliament on the matter involving the Minister of Industry and International Trade, the Standing Rules and Orders Committee met on Tuesday, 20th December 2006 and nominated the Committee of Privileges which consists of the following members:

 

Hon Sekeramayi (Chairperson) Hon Shamu,  Hon Mawere,  Hon Machaya, Hon Prof Ncube and Hon Mpariwa.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs moved: That Orders of the Day Nos. 2 to 22, for today, stand over until Order of the Day No. 23 has been disposed of.

 

Motion put and agreed to.

 

  1. COMMITTEE: Domestic Violence Bill (H.B. 9B, 2006)-The Minister of Justice, Legal and Parliamentary Affairs

(House in Committee)

 

 Clauses 2, 3, 18 and 19 amended by the Senate put and agreed to, and Bill as amended put and agreed to.

 

Bill to be reported with amendment.

 

(House resumed)

 

Bill reported without amendment.

Third reading, with leave forthwith.

 

Bill read the third time.

 

  1. On the motion of the Minister of Justice Legal and Parliamentary Affairs: The House

Adjourned at twenty-two minutes to four o‟clock pm until Tuesday, 20th February 2007 at a quarter past two o‟clock in the afternoon.

 

 

 

J.L. Nkomo

Speaker

_______________________________________________________________________

 

 

TUESDAY, 12TH FEBRUARY 2007

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

           

 

 

  1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

THAT WHEREAS subsection (2) of the Ombudsman‟s   Act provides that the Ombudsman shall annually lay before Parliament a general report on the performance of functions in terms in terms of the Act.

 

AND WHEREAS the Minister of Justice, Legal and Parliamentary Affairs administers the Ombudsman‟s Act;

 

 

AND WHEREAS the Ombudsman has submitted the fifteenth (15th) Annual Report for the period January 1998 to 31st December 1998, to be tabled before Parliament;

 

NOW THEREFORE in terms of subsection (2) of section 17 of the Ombudsman‟s Act, this House of Assembly resolves that the aforesaid Report be and is hereby approved.

 

 

  1. COMMITTEE: To resume on the Census and Statistics Bill ( B. 12, 2006) - The Minister of Finance.

(See Notice of Amendments)

 

  1. COMMITTEE: To resume on the National Incomes and Pricing Commission Bill (H. B. 13, 2006) - The Minister of Industry and International Trade).

 

(See Notice of Amendments)

 

 

 

 

 

 

 

 HON.   KANZAMA  HON. MATIMBA

 

That this House-

 

Conveys its profound gratitude to His Excellency The President for his 19th State of the Nation Address to Parliament;

 

Expresses its commitment and support for the views contained in His Address; and

 

That a respectful address be presented to His Excellency the President, informing Him of the sentiments of the House.

 

 

       2.   HON. PORUSINGAZI     HON. MUSHORIWA

 

That this House takes note of the Second Report of the Portfolio Committee on Foreign      Affairs, Industry and International Trade on the Management Contract between Ziscosteel      and Global Steel Holdings Limited (S.C. 31, 2006).

 

  1. HON. L. MUGABE

Hon. D. M. NCUBE

 

That this House-

 

NOTING the publication of the report by the investigator into the Zimbabwe congress of      trade unions (ZCTU) presented to the minister of public service, labour and social welfare;    APPRECIATING that the report exposed and unearthed gross mismanagement and abuse  of funds;

 

  ALARMED by the violation of guidelines on retention of records and the opening of unauthorised bank accounts and the use of unauthorised signatories to the accounts;

 

  SHOCKED by the ZCTU unconstitutional salary payments to is president, Mr. Lovemore Matombo; and the illegal dismissal of the ZCTU‟s trustees;

 

   AND NOW THEREFORE RESOLVES THAT,

 

  • the minister of labour should deal with the matters in terms of section 120 of the labour act to bring order on the labour movement; and

 

  1. the trustees who had been illegally dismissed should resume their duties with immediate effect.

 

  1. Adjourned debate on motion on the Third Report of the Portfolio Committee on Mines,

Energy, Environment and Tourism on the Fuel Shortages in Zimbabwe (Adjourned 19th

December 2006The Deputy Minister of Home Affairs)

[Day elapsed: 1]

 

 Question proposed: That this House takes note of the Third Report of the Portfolio Committee on Mines, Energy, Environment and Tourism on the Fuel Shortages in Zimbabwe (S. C. 39, 2006) - Hon Gabuzza.

 

  1. First Report of the Portfolio Committee on Public Service, Labour and Social Welfare on the Half-year Budget Performance for the Ministry of Public Service, Labour and Social

Welfare (Adjourned 19th December 2006The Minister of Justice, Legal and Parliamentary Affairs)  

[Day elapsed: 1]

 

That this House takes note of the First Report of the Portfolio Committee on Public Service, Labour and Social Welfare on the Half-year Budget Performance for the Ministry of Public Service, Labour and Social Welfare (S.C. 32, 2006) – Hon. Mawere

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Defence

(Adjourned 6th December 2006The Minister of Rural Housing and Social Amenities)

 

[Day elapsed: 1]

 

        Question proposed:

 

That this House takes note of the First Report of the Portfolio Committee on Defence and  Home Affairs on the Half-year Budget Performance for the Ministry of Defence (S.C. 33,  2006).

 

  1. Adjourned debate on motion on the Second Report of the Portfolio Committee on

Defence (Adjourned 6th December 2006The Minister of Rural Housing and Social 

      Amenities)

 

[Day elapsed: 1]

 

Question proposed:

 

That this House takes note of the Second Report of the Portfolio Committee on Defence  and Home Affairs on the Half-year Budget Performance for the Ministry of Home Affairs  (S.C. 38, 2006).

 

  1. Adjourned debate on motion of the Third Report of the Portfolio Committee on Education, Sport and Culture (Adjourned 29th November 2006The Minister of Mines and Mining Development).

 

[Day elapsed 1]

 

Question proposed:

 

 That this House takes note of the Third Report of the Portfolio Committee on Education, Sport and Culture on the Half-year Budget Performance of the Ministry of Science and

Technology Development (S.C. 37, 2006) – Hon. Mhashu

 

  1. Adjourned debate on motion of the Second Special Report of the Committee on Public Accounts on Financial Management (S.C. 34, 2006) – (Adjourned 29th November 2006) – The Minister of Rural Housing and Social Amenities).

 

[Day elapsed 1]

 

Question proposed:

 

That this House takes note of the Second Special Report of the Committee on Public

Accounts on Financial Management in the Public Sector (S.C. 34, 2006) – Hon. Chief

Chimombe

 

  1. Adjourned Debate on motion of the Second Report of the Portfolio Committee on Education, Sport and Culture – (Adjourned 29th November 2006The Minister of Rural Housing and Social Amenities).

 

[Day elapsed 1]

 

Question proposed:

 

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

Sport and Culture on the Half-year Budget Performance of the Ministry of higher and

Tertiary Education (S.C. 35, 2006) – Hon. Mhashu

 

  1. Adjourned debate on motion on the Fifth Report of the Portfolio Committee on Health and Child Welfare (Adjourned 29th November 2006The Deputy Minister of Home Affairs)

 

[Day elapsed: 2]

 

 Question proposed:

 

That this House takes note of the Fifth Report of the Portfolio Committee on Health and Child Welfare on the Half-year Budget Performance of the Ministry of Health and Child Welfare (S.C. 26, 2006) - Hon. Chebundo

 

  1. Adjourned debate on motion on the Second Report of the Portfolio Committee on Youth, Gender and Women‟s Affairs (Adjourned 29th November 2006The Deputy Minister of Home Affairs)

 

[Day elapsed: 2]

 

Question proposed:

 

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

Gender and Women‟s Affairs on the Half-year Budget Performance of the Ministries of Youth Development and Employment Creation, Women‟s Affairs, Gender and Community Development and Small and Medium Enterprise Development (S.C. 30, 2006) Hon. Mahofa

 

  1. Adjourned debate on motion on the First Report Of The Portfolio Committee On Education, Sport And Culture (Adjourned 7th November 2006The Minister of Justice Legal and Parliamentary Affairs)

 

                                           [Day elapsed: 1]

 

Question proposed: That this House takes note Of The First Report Of The Portfolio

Committee On Education, Sport And Culture On The Half-Year Budget Performance Of The Ministry Of Education, Sport And Culture (S.C. 27, 2006) - Hon. Maluleke

 

  1. Adjourned debate on motion on the Third Report of the Portfolio Committee on Local

Government (Adjourned 7th November 2006The Minister of Justice Legal and Parliamentary Affairs)

 

[Day elapsed: 1]

 

Question proposed: That this House takes note of the Third Report of the Portfolio committee on Local Government on the Half-year Budget Performance for the Ministries of Local Government, Public Works and Urban Development and Rural Housing and Social Amenities. (S.C. 28, 2006) – Hon. Zinyemba  

 

  1. Adjourned debate on motion on the Third Report of The Portfolio Committee on Justice, Legal and Parliamentary Affairs (Adjourned 7th November 2006The Minister of Justice Legal and Parliamentary Affairs)

 

[Day elapsed: 1]

 

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

Committee on Justice, Legal and Parliamentary Affairs on the Half-Year Budget

Performance for the Ministry of Justice, Legal and Parliamentary Affairs. (S.C. 29, 2006)  - Hon Chipanga  

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Transport and

Communication,  (Adjourned 31st October 2006Hon. J. M. Gumbo)

 

[Day elapsed: 1] Question proposed:

 

That this House takes note of the Report of the Portfolio Committee on Transport and Communication, on the effects of the Mid-Term Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications. (S.C. 25, 2006) – Hon. L. Mugabe

 

  1. Adjourned debate on motion on the high levels of corruption (Adjourned 31st October 2006 J. M. Gumbo)

 

[Days elapsed 1]

Question proposed: That this House-

 

CONCERNED with high levels of corruption in the public and private  sectors.

 

FURTHER CONCERNED with the existence of rent-seeking activities, patronage, clientelism, racketeering, black market activities, trafficking  and  smuggling activities in the economy.

 

FURTHER CONCERNED with the high levels of asset stripping and  plundering of public and private assets.

 

THIS HOUSE calls upon government to seriously address this cancer in our society –

Hon. Madzimure

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Budget, Finance and Economic Development (Adjourned 4th October 2006The Minister of justice, Legal and Parliamentary Affairs)

[Day elapsed: 1] Question proposed:  

 

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

Finance and Economic Development on the Mid-Term Fiscal and Monetary Policies for 2006, (S.C. 24, 2006) - Hon. Butau

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Lands, Land Reform, Resettlement and Agriculture (Adjourned 28th September 2006The Minister of justice, Legal and Parliamentary Affairs)

 

[Day elapsed: 1]

 

Question proposed:

 

That this House takes note of 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 2006/7 Summer Crop Season (S.C. 23, 2006) – Hon Gabbuza

 

 

  1. Adjourned debate on motion on the physical assault on Zimbabwe Congress of Trade

Union‟s leaders (Adjourned 4th October 2006The Minister of justice, Legal and Parliamentary Affairs)

 

[Days elapsed 3]

Question proposed: That this House-

 

CONCERNED by the savage and brutal physical assaults on Zimbabwe Congress of Trade Unions (ZCTU) leaders, workers and other peace loving Zimbabweans who were exercising their democratic right to express themselves;

 

FURTHER CONCERNED by the degrading and inhuman conditions the arrested persons were subjected to upon their incarceration;

 

      DISTURBED by the government‟s lack of tolerance for any form of dissent;

 

FURTHER DISTURBED by Government‟s failure to observe international labour conventions and adhere to acceptable international standards in dealing with demonstrations;

 

      NOW THEREFORE this House:

  1. condemns the persons responsible for the physical assaults and inhuman treatment; and
  2. calls upon government to institute investigations into the matter and bring the perpetrators to book - Gonese

 

 

  24. COMMITTEE OF SUPPLY

 

 

 

WEDNESDAY, 21ST FEBRUARY 2007

 

QUESTIONS FOR ORAL ANSWER

T

 QUESTIONS WITHOUT NOTICE

QUESTIONS WITH NOTICE

T

 

  1. HON. MALINGA: To ask the Minister of Transport and Communication to state:
    1. how far the Government had gone in its efforts to raise the $875m needed for the installation of the Central Train Communication system;
    2. the efforts being made to improve the National Railways of Zimbabwe staff complement, which had dropped from 21 000 in 1980 to the current 9 000;
    3. the steps being taken by N.R.Z to augment the 5 338 wagons, out of a total requirement of 7 412 wagons needed to service the 2 759 km of local rail, as the shortage now threatens the importation of fertilizer and wheat.

 

[Deferred from Wednesday, 29th November, 2006]

 

  1. HON. MALINGA: To ask the Minister of Transport and Communication to state:
  2. a) what the Ministry was doing to help the pensioners who use the People‟s Own Savings Bank (P.O.S.B.), but find it to be un-user friendly and whether consideration could be given to the idea of preferential treatment for those above 60 years of age in order to assist them;
  3. e) whether the Ministry had plans to install benches in the banking halls for the pensioners.

[Deferred from Wednesday, 29th November, 2006]

 

  1. HON. MUSA: To ask the Minister of Transport and Communication to explain why the        following roads have not been maintained:

 

  1. Mutoko – Rwenya Road
  2. Rwenya – Nyamapada Road
  3. Suswe – Mutawatawa Road
  4. Nyamuyaruka – Mazoe Bridge Road

 

[Deferred from Wednesday, 29th November, 2006]

 

  1. HON MUSA: To ask the Minister of Transport and Communications to state whether the Ministry has designed the Mudzi River Bridge and to advise the House when construction is likely to start on the bridge.

 

[Deferred from Wednesday, 29th November, 2006]

 

  1. HON MUSA: To ask the Minister of Transport and Communications to table in Parliament maintenance programmes, indicating allocations for each district or area covered and to explain why road shoulders have not been maintained for years.

 

[Deferred from Wednesday, 29th November, 2006]

 

  1. HON. M. GUMBO: To ask the Minister of Higher and Tertiary Education to explain the reasons why student teachers receive lower allowances than other students in other

government departments such as AREX.

 

[Transferred on Wednesday, 29th November, 2006]

 

  1. HON. M. GUMBO: To ask the Minister of Public Service, Labour and Social Welfare to explain the Government Policy on contract workers and whether he is aware that some workers have worked for very long periods without contributing to the pension fund a situation which will lead to them getting nothing on retirement.

 

[Deferred from Wednesday, 29th November, 2006]

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

 Interception of Communications Bill (H.B. 4, 2006) - The Minister of Transport   and Communications – (Referred 7th November 2006)  __________________________________________________________________________

 

 

                          NOTICE OF AMENDMENTS

 

Census and Statistics Bill (H. B. 12, 2006)

AMENDMENT OF LONG TITLE

BY THE MINISTER OF FINANCE

In line 2 on page 3 of the Bill insert the word “Zimbabwe” before “National”.

AMENDMENT OF CLAUSE 2

BY THE MINISTER OF FINANCE

On page 3 of the Bill delete the definition of “Agency” in line 16 and substitute:

““Agency” means the Zimbabwe National Statistics Agency established by section 3, whose acronym shall be ZIMSTAT;”.

 

 

In the definition of “Board” on page 3 of the Bill insert in line 21 the word “Zimbabwe” before “National”.

In the definition of “Minister” on page 4 of the Bill delete in line 27 the words “Economic Development” and substitute “Finance”.

AMENDMENT OF TITLE OF PART II

BY THE MINISTER OF FINANCE

On page 5 of the Bill insert in line 19 the word “Zimbabwe” before “National”.

 

AMENDMENT OF CLAUSE 3

BY THE MINISTER OF FINANCE

On page 5 of the Bill insert in line 20 the word “Zimbabwe” before “National” in the title to the clause.

On page 5 of the Bill insert in lines 21-2 the word “Zimbabwe” before “National”.

AMENDMENT OF TITLE OF PART III

BY THE MINISTER OF FINANCE

On page 6 of the Bill insert in line 17 the word “Zimbabwe” before “National”.

AMENDMENT OF CLAUSE 7

BY THE MINISTER OF FINANCE

On page 6 of the Bill insert in line 18 the word “Zimbabwe” before “National” in the title to the clause.

On page 6 of the Bill, in subclause (1), insert in lines 20 the word “Zimbabwe” before “National”.

On page 6 of the Bill,  in subclause (2)(a), delete in line 22 the word “who shall be the Secretary to the Board”.

 

National Incomes and Pricing Commission Bill (H.B.13.2006)

 

Amendment of Clause 4

 

BY HON  MUSHORIWA

 

On page 5 of the bill by the deletion of subsections (1) and (2) and replace with the following;

 

  1. The commission shall consist of –
  2. A chairperson appointed by the President who shall be a person qualified to be an economist.
  3. Two commissioners appointed by the President from a list submitted by Business / Industry organisation.
  4. One commissioner appointed by the President from a list submitted by labour organizations.
  5. One commissioner appointed by the President from the list submitted by Consumer Watch Dog Organisations.
  6. One commissioner appointed by the president who is a qualified lawyer.

 

[Other sections being renumbered accordingly]

 

Amendment of Clause 5

 

BY HON   MUSHORIWA

 

On page 5 of the bill by the addition of [IV] to read „implement the price adjustments‟

 

On page 5 of the bill by the deletion of clauses[b], [d], [e]and[f]

 

 

[The remaining clauses being renumbered accordingly]

 

Amendment of Clause 7

 

BY HON   MUSHORIWA

 

On page 6 of the bill by the deletion of sub clause [3]

 

Amendment (insertion of a new clause between clause 8 and 9) 

 

BY HON   MUSHORIWA

 

On page 6 of the bill between lines 29 and 30 by the insertion of a new clause number

9[other clauses being numbered accordingly] which will read; 9 Processing Time

The commission should within 21 days determine matters submitted either for a price review or appeal failing which it will be deemed that the commission has approved the review or appeal as the case may be.

 

 

Amendment of Clause 9

 

BY HON   MUSHORIWA

 

On page 6 of the bill by deleting all the words under subsection [1] and replace with the following

„The commission within 90 days after end of the financial year shall submit a report on all its activities during the previous financial year to Parliament.‟

 

 

Amendment of  Clause 11

 

BY HON  MUSHORIWA

 

On page 7 of the bill by the deletion of the word „board‟ and substitute with the word

„commission‟

 

Amendment of Clause 12

 

BY HON   MUSHORIWA

 

On page 7 by the deletion of subsection [3]

 

 

Amendment of  clause 15

 

BY HON  MUSHORIWA

 

On page 8 of the bill under Subsection (1) replace the words “as soon as possible” with the words „three months‟ and to  add the words “and Parliament” after the word minister in subsection (2) in line ten (10).

 

 

Amendment of Clause 22

 

BY HON.  MUSHORIWA

 

On page 10 of the bill in line 14 after the word „fails‟ insert the words “without reasonable cause”

 

 

Amendment Clause 25

 

BY HON.  MUSHORIWA

 

On page 11 of the bill in line 18 after the word “fraud” add the words “, lack of skill and or mala fide exercise of powers by the Commissioners and or the employees of the Commission”

 

 

Amendment of Clause 26

 

BY HON  MUSHORIWA

 

On page 11 of the bill in line 39 under subsection (e) replace the words “ not exceeding five years” by “not exceeding two years”.

 

On page 11 by the deletion of sub clauses 3 and 4

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