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NATIONAL ASSEMBLY VOTES 21 OCTOBER 2020 NO 78
ADVANCE COPY- UNCORRECTED
VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY
SECOND SESSION – NINTH PARLIAMENT
WEDNESDAY, 21ST OCTOBER, 2020
Quarter past two o’clock p.m.
|The Deputy Speaker in the Chair
Chanda G. ,
Chidakwa J., Chidamba S., Chiduwa C.
Chikukwa M. R,
Chingosho C. P.
Gabbuza J. G.,
Houghton J. R,
Karumazondo M. T.,
Kashambe M. T.,
Khumalo M., Khumalo S. S., Khupe T. Kwaramba G., Labode M. R.
Maboyi R M.,
Mafuta S. V.,
Mahlangu S, Makone S.
Makoni R R,
Markham A. N.,
Masango C. P.,
Masenda N. T, Mashakada T.
Matangira T. R,
Mataranyika D. M.,
Mavetera T. A.,
Mchenje S. M.,
Mguni S K,
Mhlanga J. N.,
Mhona F T,
Mlambo M. M.,
Mliswa T P
Mnangagwa T. M.,
Modi R. I,
Muchimwe P T,
Mukunyaidze S. E. I.,
Murire J, Rtd. Col. Dr
Mushonga P. M.,
Nduna D. T.,
Nkomo M, Nyabani T,
Nyashanu M. Dr,
Nyathi R. R,
|Rwodzi B., Sacco J. K., Saizi T.
Samukange J. T.,
Sansole T. W.,
Sewera J N,
Shongedza E., Shumbamhini H., Sibanda L.
Sithole G K,
Wadyajena J M.,
Watson N J,
Printed by Order of the House
In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution
Hon. Ncube Mutuli
Hon. Dr. Murwira
Absent with leave
Hon. K.C.D. Mohadi
Hon. C.G. Chiwenga
Hon. O.C.Z. Muchinguri – Kashiri
Hon. S.B. Moyo
Hon. M.N. Ndlovu
Hon. Dr. S. Nzenza
Hon. J.G. Moyo
Hon. C. Mathema
Hon. J.B. Matiza
Hon. S.G.G Moyo
Hon. D. Karoro
- Paper Laid upon the Table-
The Minister of Energy and Power Development
Zambezi River Authority 2019 Annual Report (by Chapter 22:19)
- Questions without notice.
- Questions with notice.
- The Minister of Youth, Sports, Arts and Recreation made a Ministerial Statement on the resumption of sporting activities in light of the COVID 19 pandemic.
- On the motion of Hon. Togarepi, seconded by Hon. Tekeshe: The House adjourned at seventeen minutes to five o`clock pm.
HON. T. GEZI, Deputy Speaker.
THURSDAY, 22ND OCTOBER, 2020
ORDERS OF THE DAY AND NOTICES OF MOTIONS
1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
That this House takes note of the Report of the Zimbabwe Human Rights Commission for the years 2018 and 2019 presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe.
2. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
That this House takes note of the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe, presented to this House of Parliament in terms of section 244 (2) of the Constitution of Zimbabwe.
- Adjourned debate on motion on the SECOND READING of the Forest
Amendment Bill (H.B. 19, 2019) (Adjourned 7th October, 2020 - Hon. Togarepi)
[Days elapsed: 7]
Question proposed: That the Forest Amendment Bill (H.B. 19, 2019) be now read a second time- The Minister of Environment, Climate, Tourism and Hospitality Industry.
- COMMITTEE: Cyber Security and Data Protection Bill (H.B. 18, 2019) - The Minister of Information and Communication Technology, Postal and Courier Services.
(See Notice of Amendments)
- SECOND READING: Financial Adjustments Bill [(H.B. 19, 2019) – The Minister of Finance and Economic Development.
- Adjourned debate on motion on the SECOND READING of the Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23, 2019) – (Adjourned 9th July, 2020- The Minister of Justice, Legal and Parliamentary Affairs).
[Days elapsed 25]
Question proposed: That the Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23, 2019), be now read a second time – The Minister of Justice, Legal and Parliamentary Affairs.
- Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2018 (Adjourned 8th October, 2020 – Togarepi)
[Days elapsed: 17]
Question proposed: That this House takes note of the Annual Report of the National Peace and Reconciliation Commission for the year 2018, presented to Parliament in terms of Section 323 (1) of the Constitution of Zimbabwe- Hon. Vice President K.C.D. Mohadi.
- Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2019 (Adjourned 3rd September, 2020 –
[Days elapsed: 17]
Question proposed: That this House takes note of the Annual Report of the National Peace and Reconciliation Commission for the year 2019, presented to Parliament in terms of Section 323 (1) of the Constitution of Zimbabwe - Hon. Vice President K.C.D. Mohadi.
- Adjourned debate on motion on the Report of the Judicial Services Commission for the year 2019 (Adjourned 10th July 2020) – Togarepi
[Days elapsed: 14]
Question proposed: That this House takes note of the Report of the Judicial
Services Commission for the year 2019, presented to Parliament in terms of
Section 323 (1) of the Constitution of Zimbabwe which states that every Commission must submit to Parliament, through the appropriate Minister, an annual Report on its operations by not later than end of March in the year following the year to which the report relates – The Minister of Justice, Legal and Parliamentary Affairs.
10. HON. MAVENYENGWA HON. TOGAREPI
That this House takes note of the Report of the Zimbabwean Delegation to the 141st Assembly of the Inter-Parliamentary Union held in Belgrade, Serbia, from13th -17th October 2019.
11. HON. TOFFA HON. TONGOFA
That this House take note of the First Report of the Portfolio Committee on
Health and Child Care on the Network of African Parliamentary Committees on
Health (NEAPACOH) Conference, held in Kampala, Uganda from 30th to 31st October 2018.
- HON. MADIWA
That this House takes note of the Report of the Zimbabwean Delegation to the
Fourth Interregional, Seminar on the Parliamentary Capacity Building and Achievements of the SDGs for Parliaments of Developing Countries, Beijing, China from 11th-19th June 2019.
13. HON. MOLEKELE-TSIYE HON L. MAPHOSA
That this House takes note of the Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on the operations of Verify Engineering, Mkwasine [S.C. 1, 2020]
- HON. CHOMBO
HON. LABODE DR.
That this House takes note of the Delegation Report on the Pan-African Parliament High Level Summit on HIV and Health Financing in Africa, held in Brazzaville, Congo from 11th – 12th July 2019.
- HON. PARADZA
That this House;
NOTING that all persons have a right to nationality as guaranteed by Article 15 of the Universal Declaration of Human Rights and other international instruments;
CONCERNED that statelessness remains human rights crisis affecting negatively on individuals and families globally with at least 10 million people estimated to be stateless;
RECOGNISING that in October 2013, the UNHCR called for the total commitment of the international community to end statelessness, which resulted in the Global Action plan to end statelessness in 10 years;
ALSO RECOGNISING that Zimbabwe is party of various international and regional human rights instruments including the 1954 convention relating to the status of statelessness persons which is acceded to in 1998;
ACKNOWLEDGING THAT Zimbabwe is not a party to the 1961 Convention of the Reduction of Statelessness;
AWARE THAT that the Constitution of Zimbabwe Amendment (No. 20) Act
2013 provides a progressive basis for addressing issues of nationality and
statelessness by, among others, providing for the possibility of dual citizenship, especially with respect to persons of the Southern African Development Community (SADC) heritage.
NOW, THEREFORE, resolves to recommend:
- That the Ministries of Justice Legal and Parliamentary Affairs, Home Affairs and Cultural Heritage and Foreign Affairs work hand in glove to conclude the necessary processes to domesticate the conventions which Zimbabwe is party to with regard to statelessness;
- That the Executive immediately takes steps to accede to and domesticate the1961 Convention on Reduction of Statelessness, the 1990 Convention on the Protection of the Rights of all migrant workers and Members of their families and the 1957 Convention on the Nationality for all and ending statelessness by 2024;
- That the Executive champions the eradication of statelessness within the
SADC region during Zimbabwe’s chairpersonship of the SADC organ on Politics Defence and Security by supporting and advocating for the adoption of the SADC Joint Action Plan;
- That the Ministry of Home Affairs and Cultural Heritage urgently align the Citizenship Act [Chapter 4:01], Births and Deaths Registration Act [Chapter 5:02] and the Immigration Act [Chapter 4:02] with the
Constitution in order to effectively address issues of Statelessness in order to contribute to ending Statelessness by 2024; and
- Urge the Executive to use Zimbabwe’s Chairpersonship of SADC PF to champion issues of ending Statelessness within the region.
- HON. MPARIWA
HON. D. SIBANDA
That this House:
NOTING that the 25th November, 2019 marked the beginning of the 16 days of Activism against Gender Based Violence
COGNISANT that this important issue has been marked internationally since 1991 due to the rampant physical, mental and sexual abuse of women and girls at the hands of cruel and insensitive men.
WORRIED that in spite of the efforts to raise awareness of this critical issue it has in some instances gone unabated.
CONCERNED that Zimbabwe has been unable to eradicate this scourge which manifests itself in many ways such as domestic violence, rape, incest, child marriage and other undesirable practices.
AWARE that failure to deal with this problem is a sad indictment on Zimbabwe as a nation.
DESIROUS that appropriate legislative measures and policy interventions be put in place to end all forms of gender based violence.
NOW THEREFORE; Calls upon the appropriate Government Ministries, agencies and departments to come up with appropriate measures to ensure that incidences of gender based violence are in the short term reduced and in the long run eradicated.
- HON CHIDAKWA J.
That this House:
CONCERNED at the scourge of illicit financial flows affecting African countries in general and Zimbabwe in particular;
FURTHER CONCERNED about the lack of adequate domestic and international measures to curb illicit financial impropriation;
WORRIED by the Government’s indifferent and lackadaisical response to challenges of illicit financial flaws; and
DISTURBED by the operations of the cartels and other doggy characters who are aiding and abetting illicit financial flaws in the country.
NOW THEREFORE CALLS UPON, this House to;
- Unequivocally condemn the practice of conducting illicit financial activities in
- The Government to put in place policies and measures to curb illicit financial
18. HON. MLISWA HON. MISIHAIRABWI-MUSHONGA
That this House:
RECOGNISING that Members of Parliament, with the exception of Independent candidates, are elected to Parliament on a political party ticket
ACKNOWLEDGING that every political party is guided by its own ideology, values and principles which largely influence the manner in which members of the party debate on issues brought before Parliament
AWARE that once a Member of Parliament is elected, he or she becomes a representative of every citizen of Zimbabwe in his or her constituency and not just those that voted for the Member
CONCERNED that Members of Parliament cannot fulfil this representative role to its letter and spirit due to the strictures imposed by political party ideology which is enforced by the whipping system
NOTING that Section 61 of the Constitution of Zimbabwe affords every citizen, including Parliamentarians, the right to freedom of expression and the right to seek, receive and communicate ideas and other information
ALSO NOTING that Section 148 (1) of the Constitution provides that Members of Parliament have freedom of speech in Parliament and in all Parliamentary Committees and, while they must obey the rules and orders of the House concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to Parliament or any of its committees.
COGNISANT, however, that this privilege is invalidated by Section 129 (1) (k) of the Constitution which gives political parties the unfettered power to recall a Member of Parliament whom, in executing his or her representative function, does not toe the party line
DEEPLY CONCERNED that this provision entrenches the whipping system and limits Members of Parliament’s ability to debate freely, earnestly and without fear or favour on issues that affect the people of Zimbabwe where the matters appear to contradict the party line.
NOW, THEREFORE, calls upon Parliament to: Urgently amend Section 129 (1) (k) of the Constitution of Zimbabwe so that it stays execution of any notice of expulsion of a member until the Constitutional Court has certified that due process was followed.
19. HON. MADHUKU HON. S. SITHOLE
That this House;
APPLAUDING the commitment by Government to provide salary increases to civil servants from time to time to mitigate the impact of inflation caused by the vicissitudes of the economic environment;
COGNISANT that the resources provided by the Government are always limited and do not meet the expectations of the civil servants and other public officers;
RECALLING that in a bid to improve the conditions of service for its workers, Government has passed resolutions on the need to introduce non-monetary benefits as a way of augmenting the paltry salaries that civil servants earn to cushion their livelihoods under the prevailing harsh economic conditions; NOW THEREFORE, CALLS upon the Ministry of Finance and Economic Development and the Public Service Commission to provide non-monetary incentives to all Government workers, the majority of whom have nothing to take home at retirement to show for their illustrious services as civil and public officers;
FURTHER RECOMMENDS that non-monetary benefits be given in the form of land and personal vehicles for those who have been in the civil service for periods in excess of twenty-five years.
20. HON. KWARAMBA HON. BHUDA-MASARA
That this House;
COGNISANT that the Republic of Zimbabwe is signatory to the Beijing +25
Declaration, the Convention on the Elimination of All forms of Discrimination
Against Women (CEDAW), the SADC Protocol on Gender and Development and the Sustainable Development Goals (SDGs);
RECOGNISING that Sections 17, 56, 79 and 80 of the Constitution of Zimbabwe provide for gender equity;
NOTING the commemoration of SHEDECIDES on 2nd March and the International Women’s Day on 8 March, 2020 under the theme “I am Generation Equality: Realising Women’s Rights’, which marks the 25th anniversary of the Beijing Declaration and Platform for Action;
DEEPLY CONCERNED by the regression in the implementation of the Beijing+ 25 Critical Areas;
WORRIED about the country’s state of preparedness in the face of the Coronavirus and other non-communicable diseases;
NOW THEREFORE in line with the Beijing+ 25 declaration;
- Government to create an enabling environment for teenagers to access reproductive health services;
- Government to increase funding for the Ministries implementing the Beijing +25 Critical Areas;
- Government to equip relevant stakeholders that deal with Gender Based Violence with adequate financial and human resources; and
- Parliament of Zimbabwe to expedite the implementation of the institutional gender policy which provides institutional mechanisms to deal with sexual harassment and violence against women.
21. HON. J. CHIDAKWA HON. MUSHORIWA
That this House;
NOTING the widening gap between the poor and the rich in Zimbabwe.
CONCERNED that extreme poverty in Zimbabwe has risen from 29% (4,7 million) in 2018 to 34% (5,7 Million) people in 2019;
SHOCKED that the richest few Zimbabweans took a large percentage while the bottom half of Zimbabweans accounted for less percentage of the country’s income in 2019;
SADDENED that the Government has gazetted that domestic workers be paid RTGS $1 200.00 which is far less than USD $60.00 per month and well below the poverty datum line;
AWARE that the Executive arm of Government has failed to come up with policies that address inequalities;
NOW THEREFORE; calls upon Government:
- To carry out investigations to determine the causes of the continued widening gap between the rich and the poor in the country; and
- To take remedial measures to urgently address the economic disparities in the
22. HON. MAVETERA HON. MHONA
That this House takes note of the Report by the Zimbabwean Delegation to the 5th
Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE) held from 28th to 30th August 2019 in Abidjan, Cote D’voire.
23. HON. GONESE HON. NYASHANU
THAT WHEREAS Section 139 of the Constitution of Zimbabwe Amendment (No.20) 2013 Act provides that proceedings of the Senate and National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders;
Now therefore, in terms of the Constitution, this House resolves that Special National Assembly Standing Orders for Virtual Sittings and Meetings be adopted.
- Adjourned debate on motion on the legislative gaps on socio-economic development issues pertaining to the youths (Adjourned 13th October, 2020 – Hon Togarepi).
[Days elapsed: 5] Question proposed: That this House-
MINDFUL that young people constitute around seventy percent of the population and must be adequately represented in all the socio-economic spheres as they are the backbone of the country’s economic development;
ALSO MINDFUL that Section 20 (b) of the Constitution of Zimbabwe provides that the State and all agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, particularly those aged between fifteen and thirty-five have opportunities to associate and to be represented and participate in political, social and other economic spheres of life;
COGNISANT that there are gaps in the legislative framework on issues pertaining to the youths;
NOW, THEREFORE, calls upon the responsible Ministry to:
- come up with legislation that allocate at least twenty-five percent of decision
making positions to the youth by the 31st December, 2022;
- embark on programmes that economically empower the youths by 31st
December, 2022; and
- ensure that such measures and programmes embarked on are all inclusive,
nonpartisan and reflective of the national character of our country – Hon Mavetera.
- Adjourned debate on motion on the Report of the Privileges Committee on Allegations of soliciting for a bribe against four Hon Members (Adjourned 25th February, 2020 – Togarepi)
[Days elapsed: 17]
Question proposed: That this House takes note of the Report of the Privileges
Committee on allegations of soliciting for a bribe raised against Hon. Mliswa,
Hon. Chikomba, Hon. Ndebele and Hon. P. D. Sibanda- Hon. Sen. Chief
- Adjourned debate on motion on the Report of the Portfolio Committee on Local
Government, Public Works and National Housing on the Fact-Finding Visits to
Selected Local Authorities (Adjourned 29th September, 2020 – Hon. Mutambisi)
[Day elapsed: 11]
Question proposed: That this House takes note of the Report of the Portfolio
Committee on Local Government, Public Works and National Housing on the
Fact-Finding Visits to Selected Local Authorities (S.C11, 2020) - Hon Bushu
- Adjourned debate on motion on the Report of the Delegation to the Summit of the
International Conference on Population and Development (Adjourned 24th
September, 2020 – The Minister of Justice, Legal and Parliamentary Affairs)
[Day elapsed: 12]
Question proposed: That this House takes note of the Report of the Delegation to the Summit of the International Conference on Population and Development held in Nairobi, Kenya from 12th to 14th November 2019 - Hon Kwaramba
- Adjourned debate on motion on the death of Honourable Senator, Member of
Parliament for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri
(Adjourned 6th October 2020 – Hon. Togarepi)
[Days elapsed: 13]
Question proposed: That this House;
Expresses its profound sorrow on the sudden and untimely death on Wednesday,
29th July 2020 of the Honourable Senator, Member of Parliament for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri;
Places on record its appreciation of the services which the late Member rendered to Parliament and the nation; and
Resolves that its deepest sympathy be conveyed to the Shiri family and Mashonaland Central Province. – Hon Mliswa
- Adjourned debate on motion on the Report of the 46th Plenary Assembly Session of the SADC Parliamentary Forum held at the Swakopmund Entertainment
Centre, Swakopmund, Namibia held from 10th to 17th December 2019
(Adjourned 22nd September, 2020 – Hon Togarepi)
[Days elapsed: 14]
Question proposed: That this House takes note of the Report of the 46th Plenary Assembly Session of the SADC Parliamentary Forum held at the Swakopmund Entertainment Centre, Swakopmund, Namibia held from 10th to 17th December 2019 – Hon Ndiweni.
- Adjourned debate on motion on the Report of the International Forum on the
Development of Parliamentarians and the Russia-Africa Parliamentary
Conference (Adjourned 2nd September, 2020 – Hon. Togarepi)
[Days elapsed: 19]
Question proposed: That this House takes note of the Report of the International
Forum on Development of Parliamentarians and the Russia-Africa Parliamentary
Conference, held at the Crown Plaza Hotel, in Moscow, Russia from 1st to 3rd July 2019 - Hon Paradza K
- Adjourned debate on motion on the Report of the Portfolio Committee on
Industry and Commerce on the Petition by Associations of the Sugarcane Farmers
(Adjourned 16th July, 2020 – Hon. Togarepi)
[Days elapsed: 20]
Question proposed: That this House takes note of the Report of the Portfolio
Committee on Industry and Commerce on the Petition by Associations of the
Sugarcane Farmers on the issues relating to the division of proceeds ratio, Sugar Production Control Act (Chapter 18.19) of 1964, Value Added Tax, hegemony of the sugar industry value chain and subsequent myriad of challenges affecting sugarcane out-growers - Hon Sacco.
- Adjourned debate on motion on the motion that this House adopts the Third Report of the Public Accounts Committee on the Benchmarking Visit to the Parliament of Zambia by a Delegation of the Committee, (S. C. 17, 2019).
(Adjourned 8th September, 2020 – Hon. Mpariwa)
[Days elapsed: 17]
Question proposed: That this House adopts the Third Report of the Public Accounts Committee on the Benchmarking Visit to the Parliament of Zambia by a Delegation of the Committee, - Hon. Mpariwa
- Adjourned debate on motion on the Basic Education Assistance Module (BEAM) Programme (Adjourned 20th October, 2020 – Togarepi).
[Days elapsed: 4]
Question proposed: That this House-
Noting that Section 75(1) (a) of the Constitution states that every citizen and permanent resident of Zimbabwe has a right to a basic state-funded education, including adult basic education;
Applauding the Government of Zimbabwe for establishing the Basic Education
Assistance Module (BEAM) Programme in 2001 as a key component of the Enhanced Social Protection Programme (ESPP);
Cognisant that the BEAM Programme is based on a policy framework designed to provide quality education to children and support to orphans and vulnerable children (OVC) in line with international agreements to which the Government of Zimbabwe is a signatory;
Disturbed that the Zimbabwe Vulnerability Assessment Report (2019) revealed that an average of 61 percent of children were turned away from school in 2019 due to non-payment of tuition fees;
Also disturbed that the rate of school dropouts continues to rise amongst girls and the economically disadvantaged children resulting in early child pregnancies and child labour;
Concerned at the continuous disparity between policy and selection criteria of beneficiaries of the BEAM Programme by Community Selection Committees;
Now, therefore, calls upon:
- Ministry of Public Service, Labour and Social Welfare to conduct awareness campaigns on the BEAM Manual targeting Community Selection Committees;
- Ministry of Public Service Labour and Social Welfare in collaboration with the Ministry of Primary and Secondary Education to effectively monitor implementation of the BEAM Programme, particularly the selection process to ensure that all eligible students benefit from the programme; and
- Ministry of Finance and Economic Development to allocate adequate financial resources towards BEAM Programme in the 2021 National Budget in view of the increasing levels of vulnerability in the country and ultimately facilitate the progressive realisation of basic state-funded education- Hon Josiah Sithole.
- COMMITTEE OF SUPPLY.
WEDNESDAY, 28TH OCTOBER, 2020
QUESTIONS FOR ORAL ANSWERS
♦ QUESTIONS WITHOUT NOTICE.
* QUESTIONS WITH NOTICE.
*1. HON. BUSHU: To ask the Minister of Transport and Infrastructural Development to inform the
- when the construction of the Shamva- Goora Road in the Shamva District will commence?
- When the Shamva–Nyagande Road is going to be completed?
[Deferred from 30th September, 2020]
NOTICE OF AMENDMENTS
Cyber Security and Data Protection Bill, (H B 18, 2019)
AMENDMENT OF CLAUSE 3 (INTERPRETATION)
BY HON. GANDAWA
Clause 3 of the Bill is amended on page 4—
- in line 9 by the deletion of the “resources” and the substitution of “processes”;
- in lines 23 and 24 by the deletion of the definition for “data controller or controller” and the substitution of—
““data controller or controller”—
(a)refers to any natural person or legal person who is licensable by the Authority; (b)includes public bodies and any other person who determines the purpose and means of processing data;”.
AMENDMENT OF CLAUSE 4 (APPLICATION)
BY HON. GANDAWA
Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of “and storage” after the word “processing”.
INSERTION OF NEW CLAUSES 15 AND 16
BY HON. GANDAWA
The bill is amended on page 11 in line 22 by the insertion of the following new clauses
and the subsequent clauses shall be accordingly renumbered—
“15 Duties of Data Controllers
Every data controller or data processor shall ensure that personal information is—
- processed in accordance with the right to privacy of the data subject;
- processed lawfully, fairly and in a transparent manner in relation to any data subject;
- collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
- adequate, relevant, limited to what is necessary in relation to the purposes for which
- collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
- accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and
- kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.
16 Rights of Data Subject
A data subject has a right to—
- be informed of the use to which their personal information is to be put;
- access their personal information in custody of data controller or data processor;
- object to the processing of all or part of their personal information;
- correction of false or misleading personal information; and (e) deletion of false or misleading data about them.”.
AMENDMENT OF CLAUSE 19 (SECURITY BREACH NOTIFICATION)
BY HON. GANDAWA
Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of “without any undue delay” and the substitution of “within twenty-four (24) hours”.
AMENDMENT OF CLAUSE 20 (OBLIGATION OF NOTIFICATION TO
BY HON. GANDAWA
Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of sub-clause (6) and the substitution of the following—
“(6) The Authority shall provide guidelines that provide for the qualifications and functions of a data protection officer and such data protection officer’s duties shall include—
- ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;
- dealing with requests made to the data controller pursuant to this Act;
- working with the Authority in relation to the performance of its functions in relation to the data controller.”.
AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII OF CAP 9:23)
BY HON. GANDAWA
Clause 35 of the Bill is amended—
- on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;
- on page 26 in lines 3-10 by the deletion of—
“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;
and the substitution of—
“(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
(2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:
Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.
- on page 26 in lines 34-39 by the deletion of—
“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.
and the substitution of—
“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.
- on page 27 by the insertion of the following after line 22—
“164F. Recording of genitalia and buttocks beneath closing without consent
- Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
- Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in
- on page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—
“165 Child sexual abuse material
(1) In this Act—
“Child sexual abuse material” means any representation through publication, exhibition, cinematography, electronic means or any other means whatsoever, of a child, a person made to appear as a child or realistic material representing a child, engaged in real or simulated explicit sexual activity, or any representation of the sexual parts of a child for primarily sexual purposes.
(2)Any person who unlawfully and intentionally, through a computer or information system—
- produces child sexual abuse material;
- offers or makes available child sexual abuse material;
- distributes or transmits child sexual abuse material;
- procures or obtains child sexual abuse material for oneself or for another person;
- possesses child sexual abuse material on a computer system or a computer-data storage medium;
- knowingly obtains, accesses or procures child sexual abuse material;
- baits a child into the production or distribution of child sexual abuse material
shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.
(3) Any person of 18 years or above, who unlawfully and intentionally, through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform
Act) [Chapter 9:23] for the purpose of engaging
in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.”.
- on page 31 by the insertion of the following paragraph after line 37—
“(f) against citizens or permanent residents of Zimbabwe.”
BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL
- Manpower Planning and Development Amendment Bill (H.B 2, 2020) - The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development (Referred 9th September, 2020).