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NATIONAL ASSEMBLY VOTES 22 SEPTEMBER 2020 NO 65

 

 

ADVANCE COPY- UNCORRECTED

No. 65

 

 

PARLIAMENT

  

OF 

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY

_________________

 

SECOND SESSION – NINTH PARLIAMENT

 

_________________

 

TUESDAY, 22ND SEPTEMBER, 2020

The Deputy Speaker in the Chair         _________________                             

Quarter past two o’clock p.m.

PRAYERS

 

         

         

         

         

         

         

         

         

         

 

 

Members Present

 

 

Banda G;

Banda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chibagu G.,

Chidakwa J.,

Chidamba S.,

Chihururu C.,

Chikomba L.,

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S.,

Chimbaira G.,

Chimina L.,  Chinanzvavana C,  Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A,

Chitura L,

Chiyangwa P,

Dinar K,

Dube B,

Dube M.,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gwanetsa K. K.,

Hamauswa S.,

Houghton J. R,

Jaja J.,

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karenyi L.,

Karikoga T.,

Khumalo S. S.,

Kureva E.,

Labode M. R.

Maboyi R M.,

Machando P.,

Machingauta C.

Madhuku J,

Madiwa C.,

Madzimure W.,

Madziva S.,

Mafuta S. V.,

Mago N,

Mahlangu S,

Makoni R R,

Mangora B.,

Maphosa L.,

Marikisi N.,

Markham A. N.,

Maronge C.,  Masango C. P.,  Mashakada T.

Masuku E,

Masuku P.,

Matangira T. R,

Mataruse P.,

Matewu C.,

Mathe S,

Matsunga S.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhona F T,

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa T P

Moyo C.,

Moyo Peter,

Moyo R.,

Moyo T.,

Mpariwa P,

Mpofu A.,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mukapiko D. L.,

Mukuhlani T.,

Mukunyaidze S. E. I.,

Munetsi J.,

Muponora N.,

Murai E,

Murambiwa O,

Musakwa E,

Musanhi K. S,

Mushayi M.,

Mushoriwa E.,

Musiyiwa R.,

Muswere J.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Ncube A.,

Ncube E.,

Ncube Ophar,

Ndebele A.,

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Nguluvhe A.,

Nhambo F.,

Nhari V,

Nkani A.,

Nkomo M,

Nyabani T,

Nyamudeza S,  Nyashanu M. Dr, Nyabote R.

Nyati Esther

Nyere C.,

Nyokanhete J,

Nyoni I,

Paradza J,

Paradza K.,

Porusingazi E.,

Raidza M.,

Rungani A,  Sacco J. K.,  Saizi T.

Samambwa E.,

Samson A.,

Sansole T. W.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

 

 

 

 

 

 

Sibanda D P,

Sibanda D. S.,

Sibanda M.,

Singo L,

Sithole G K,

Sithole James,

Sithole Josiah,

Svuure D,

Tarusenga U D,

Tekeshe D.,

Toffa J.,

Togarepi P.,

Tongofa M.,

Tsunga R,

Tsuura N.,

Tungamirai T.,

Zemura L,

Zhemu S,

Zhou P,

Zhou T,

Ziyambi ,

 

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

 

    Absent with leave

 

  1. Papers laid upon the Table-

 

      The Speaker of the National Assembly

 

Report of the Auditor General on Monitoring Quality of Goods being imported into the country by the Ministry of Industry and Commerce [by Chapter 22:18]  

 

Report of the Auditor General on Support of Micro-Small and Medium Enterprises by the

Ministry of Small and Medium Enterprises by the Ministry of Small and Medium Enterprises Development Corporation [by Chapter 22:18]

 

Report of the Auditor General on Management of Occupational Health and Safety in Mining Operations by the Ministry of Mines and Mining Development [by Chapter 22:18]

 

Report of the Auditor General on Management of Sewerage Systems by Urban Local

Authorities under the Ministry of Local Government, Public Works and National Housing [by Chapter 22:18]

 

  1. Hon Togarepi, seconded by Hon Paradza, moved: That Orders of the Day Nos. 1 to 5, for today, stand over, until Order of the Day No. 6 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation

Commission for the year 2018 (Adjourned 3rd September, 2020 – The Minister of Justice, Legal and Parliamentary Affairs)

[Days elapsed: 4]

 

     Question again 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

 

On the motion of Hon Togarepi, seconded by Hon Mpariwa: Debate adjourned until tomorrow.

 

  1. Hon Togarepi, seconded by Hon Mpariwa, moved: That Orders of the Day Nos. 7 to 9 and Notices of Motions Nos. 10 to 27, for today, stand over, until Notices of Motions Nos. 28 and 29 have been disposed of.

 

Motion put and agreed to.

 

 

 

  1. Mliswa, seconded by Hon. Mpariwa, moved: That this House expresses its profound sorrow on the sudden and untimely death on Tuesday, 28th July 2020 of the

Honourable Member of Parliament for Kwekwe Central Constituency, Hon. Masango       Matambanadzo;

 

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 Mrs Matambanadzo and family, as well as the Kwekwe Central Constituency members.

 

Motion put and agreed to.

 

 

  1. Mliswa, seconded by Hon. Togarepi, moved: 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.

 

On the motion of Hon Togarepi seconded by Hon Mhona : Debate adjourned until tomorrow.

 

  1. Hon Togarepi, seconded by Hon Tekeshe moved: That the House reverts to Notice of Motion No.18.

 

Motion put and agreed to.

 

  1. Hon Ndiweni, seconded by Hon Togarepi, moved: 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 from 10th to 17th        December 2019.

 

On the motion of Hon Togarepi, seconded by Hon Tekeshe: Debate adjourned until       tomorrow.

 

  1. On the motion of Hon Togarepi, seconded by Hon Tekeshe: The House adjourned at six minutes to seven o’clock pm.

 

 

HON. T. GEZI

Deputy Speaker.

 

 

 

 

 

WEDNESDAY, 23RD SEPTEMBER 2020

 

QUESTIONS FOR ORAL ANSWERS

 

♦          QUESTIONS WITHOUT NOTICE

 

*

 

QUESTIONS WITH NOTICE
*1. HON. DR. NYASHANU: To ask the Minister of Transport and Infrastructural Development  to explain to the House when the Murambinda-Birchenough Road surfacing will  commence.  

[Deferred from 8th July, 2020]

*2. Hon. Sithole J: To ask the Minister of Transport and Infrastructural Development when
  the surfacing of the Matsvange-Mashoko and Chikuku-Makuvaza Roads in Bikita
  South Constituency will commence.

[Deferred from 8th July, 2020]

*3. Hon. Sithole J: To ask the Minister of Transport and Infrastructural Development to
  inform the House when the bridge across Tugwi River which links up the resettlement

areas in Ward 26, Save Valley Conservancy, Ward 3 and Mashoko Hospital will be repaired.

 

[Deferred from 8th July, 2020]

 

 

*4.       HON. MARONGE: To ask the Minister of Transport and Infrastructural Development to                inform the House when the Rupike-Nyamande-Nyikavanhu Road in Masvingo South             Constituency will be regravelled.

[Deferred from 2nd September, 2020]

 

 

 
*5. HON. B. DUBE: To ask the Minister of National Housing and Social Amenities to:

a)    Explain to the House why the Ministry is imposing rental charges on beneficiaries of the Hlalanikuhle Mutapa Housing Scheme in Gweru Town considering that the government offered them undeveloped stands or partially built houses;

 

b)   Inform the House when the Ministry will audit the Housing Scheme as there are allegations that fifty percent of the Houses are occupied by residents who are not the intended beneficiaries; and

 

c)    Inform the House when the Ministry will issue ownership documents to beneficiaries considering that the government has been promising to do so since 2008.

[Deferred from 12th February, 2020]

*6.

 

HON. B. DUBE: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House the government policy position regarding individuals who lost parliamentary elections and then went on to masquerade as Honourable Members, as has been the case in some parts of the country such as Chiwundura Constituency.

[Deferred from 12th February, 2020]

*7     HON. RAIDZA: To ask the Minister of Youth, Sport, Arts and Recreation to inform the House when is the Ministry going to develop sports and recreational facilities in Mberengwa East Constituency.

   
  [Deferred from 27th May, 2020]

 

*8.

 

HON. M. NKOMO:  To ask the Minister of Youth Sport Arts and Recreation to inform the House on the Ministry’s plans to open a new branch for the Empowerment Bank in Matabeleland North’s provincial capital of Lupane so as to cater for the needs of the youth in the province.

[Deferred from 12th February, 2020] 

*9.

 

 

 

HON. E. MASUKU: To ask the Minister of Youth, Art, Sports and Recreation to explain to the House the strategies that are being implemented by the Ministry to alleviate the plight of youths under the prevailing conditions of the Covid 19 pandemic.

[Deferred from 8th July, 2020]

*10.

 

 

HON. GANDAWA: To ask the Minister of Environment, Climate Change, Tourism and Hospitality Industry to explain measures being put in place to compensate communities in Nyamakate, Chinyudze areas of Hurungwe North, who are constantly losing livestock to wild animals.

[Deferred from 27th May, 2020]

*11. HON. MADHUKU: To ask the Minister of Environment, Climate, Tourism and
  Hospitality to inform the House measures being taken by the Ministry to compensate
  (a) Families of victims killed by wild animals near conservancies due to human -wildlife
       conflict;
  (b) Farmers whose cattle are being killed by animals near conservancies; and
 

 

(c) Farmers whose crops are destroyed by wild animals due to human-wildlife conflict

[Deferred from 27th May, 2020]

 

*12. HON. CHIKUNI: To ask the Minister Environment, Climate, Tourism and Hospitality
  Industry to inform the House government policy on forestry companies which       have
  not planted trees for the past three years resulting in the establishment of human
 

 

settlements in areas earmarked for reforestation.

[Deferred from 8th July, 2020]

 

*13. HON. MASUKU E: To ask the Minister of Environment, Climate Change, Tourism and Hospitality
  Industry to inform the House the measures that the Ministry has put in place to promote domestic
  tourism in view of the fact that  international tourist arrivals have been drastically reduced by the
 

 

Covid 19 pandemic.

[Deferred from 8th July, 2020]

 

*14.   HON. MUKAPIKO: To ask the Minister of Industry and Commerce to inform the House when
 

 

Zimcoke will official open.

                                              [Deferred from 27th May, 2020]

*15.

 

 

HON. MUKAPIKO: To ask the Minister of Industry and Commerce to update the House on the progress made on opening of ZISCO steel and its subsidiary companies like Lancashire steel.

[Deferred from 27th May, 2020]

*16.

 

 

 

HON. RAIDZA: To ask the Minister of Industry and Commerce to inform the House the progress made in resuscitating Buchwa Iron Mining Company (BIMCO), a division of ZISCO Steel in Mberengwa East Constituency.

[Deferred from 27th May, 2020]

*17.  HON. MARONGE: To ask the Minister of Local Government and Public Works to inform
  the House when the Zimbabwe United Passengers Company (ZUPCO) buses will be
  allocated to ply areas with dusty feeder roads such as Nyajena in Masvingo South
  Constituency.

[Deferred from 2nd September, 2020]

*18.  HON. MARONGE: To ask the Minister of Local Government and Public Works to inform
  the House when access roads in in Masvingo South Constituency will be graded
  considering that the roads are in a state of dilapidation since this rehabilitation exercise
  was last done 3 years ago.

[Deferred from 2nd September, 2020] 

 

*19.  HON. DUBE B: To ask the Minister of Local Government and Public Works to explain to the        House the ownership Hertfordshire and to further state efforts being made to resolve land        ownership wrangle between beneficiaries of Hertfordshire housing scheme in Gweru in view        of the fact that they are being threatened with eviction and demolition of their houses by a                Mr.  Hove over the land dispute with your Ministry.

 

 

*20.   HON. MARONGE: To ask the Minister of Public Service, Labour and Social Welfare to            explain to the House measures being taken by the Ministry to expedite the Food Deficit             Mitigation Programme in view of the fact that vulnerable persons in some parts of  Masvingo           South Constituency such as Wards 24, 26 and 28 have not received maize for the past months.

 

[Deferred from 2nd September, 2020] 

 

*21. HON. DUBE B: To ask the Minister of Public Service, Labor and Social Welfare to inform the House the Ministry's plan on the pensions of non-civil servants pensioners who are not getting the United States Dollar (USD) component.

 

 

*22. HON. DUBE B: To ask the Minister of Lands, Agriculture, Water and Rural Settlement to              inform the House the Ministry's plan regarding the allocation of agricultural input assistance to peri-urban farmers and urban plot holders in the Gweru Urban area, particularly Ridgemont, and other surrounding areas.

 

*23. HON. PHULU K: To ask the Minister of Health and Child Care to apprise the House on the Government policy regarding the treatment protocols for victims of Covid-19.

 

 

 

ORDERS OF THE DAY AND NOTICES OF MOTION

 

 1.  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]

 

2.  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.

 

3.     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.

 

4.  HON KWARAMBA     HON. DR. LABODE

 

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.

 

5.  HON. MADIWA     HON. TOGAREPI

 

   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

 

         6.      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.

 

  1. HON K. PARADZA

            HON MAYIHLOME

 

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 the 1961 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.

 

8.    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.

 

            9.      HON CHIDAKWA J.                        HON MADZIMURE

 

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 Zimbabwe; and

 

  • The Government to put in place policies and measures to curb illicit financial

 

10.   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.

 

11.       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.

 

12.       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;

 

  1. Government to create an enabling environment for teenagers to access reproductive health services;

 

  1. Government to increase funding for the Ministries implementing the Beijing +25 Critical Areas;

 

  1. Government to equip relevant stakeholders that deal with Gender Based Violence with adequate financial and human resources; and

 

  1. 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.

 

13.      HON MAVETERA                 HON TSVANGIRAYI

 

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:

 

  1. come up with legislation that allocate at least twenty-five percent of decisionmaking positions to the youth by the 31st December, 2022;
  2. embark on programmes that economically empower the youths by 31st

December, 2022; and

  1. ensure that such measures and programmes embarked on are all inclusive, nonpartisan and reflective of the national character of our country.

14.       HON J. CHIDHAKWA         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:

 

 

  1. To carry out investigations to determine the causes of the continued widening gap between the rich and the poor in the country; and

 

  1. To take remedial measures to urgently address the economic disparities in the country.

 

15.       HON. JOSIAH SITHOLE        HON. E. NCUBE

 

NOTING that Zimbabwe ratified the United Nations Convention on the Rights of Persons           with Disabilities in 2013;

 

ALSO NOTING that Section 83 of the Constitution exhorts the state to take appropriate         measures to ensure that persons with disabilities realise their full mental and physical potential;

 

CONCERNED that persons with disabilities continue to be marginalised in socioeconomic            development initiatives, including disbursement of the Covid 19 Lockdown cushioning grants           for vulnerable groups and e-learning facilities during the Lockdown;

 

ALSO CONCERNED that the Disabled Persons Act [Chapter 17:01] of 1992 has been               overtaken by events and no longer adequately caters for the rights of persons with               disabilities;

 

NOW THEREFORE, calls upon:

 

  1. the government to craft all-inclusive development policies which cater for the needs of

persons with disability, amongst other groups;

  1. the Ministry of Public Service Labour and Social Welfare and Ministry of Primary and Secondary Education to urgently provide specific grants and e-learning packages for persons with disabilities respectively by 31st July, 2020; and
  2. the Ministry of Public Service, Labour and Social Welfare to present a bill to              Parliament which aligns the Disabled Persons Act [Chapter 17:01] to the Constitution          and domesticates the United Nations Convention on the Rights of Persons with       Disabilities by 31st December 2020.

 

16.      HON. JOSIAH SITHOLE                HON. MUTAMBISI

 

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 nonpayment 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:

 

  1. Ministry of Public Service, Labour and Social Welfare to conduct awareness campaigns on the BEAM Manual targeting Community Selection Committees;
  2. 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
  3. 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.

 

  1. Adjourned debate on motion on the death of Honourable Senator, Member of Parliament for Mashonaland Central, Air Chief Marshal (RTD) Perence Shiri (Adjourned 22     September 2020 – Hon. Togarepi )

 

[Days Elapsed:1]

 

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

 

  1. 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, 2020Hon

          Togarepi)

 

[Days Elapsed:1]  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.

 

 

  1. 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 – Togarepi)

 

[Days elapsed: 6]

 

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

 

  1. 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 – Togarepi)

 

[Days elapsed: 7]

 

  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 

 

  1. Adjourned debate on motion on the Report of the Delegation to the Third World

Parliamentary Forum on Sustainable Development (Adjourned 8th July, 2020 – Hon. P.             Moyo)

 

[Days elapsed: 13]

 

  Question proposed: That this House takes note of the Report of the Delegation to the Third World Parliamentary Forum on Sustainable Development, held in Bali, Indonesia from 4th to 5th September 2019-Hon P. Moyo 

 

  1. Adjourned debate on motion on the Report of the delegation to the 75th Session of the Executive Committee and the 42nd Conference of the African Parliamentary

Forum Union (APU) (Adjourned 7th July, 2020 – Hon. Togarepi)

 

[Days elapsed: 14]

 

   Question proposed: That this House takes note of the Report of the 75th Session of the

     Executive Committee and the 42ndConference of the African Parliamentary Forum Union

(APU) – Hon. T. Zhou

 

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

Agriculture, Water and Rural Resettlement on the 2020 Zimbabwe Cotton Marketing

Season: The Farmer’s Experience (Adjourned 14th July, 2020 – Hon.              Wadyajena)

[Days elapsed: 12]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on

Lands, Agriculture, Water and Rural Resettlement on the 2020 Zimbabwe Cotton Marketing Season: The Farmer’s Experience (S.C. 12, 2020) – Hon. Wadyajena

 

  1. Adjourned debate on motion on the Report the Portfolio Committee on Public Service,

Labour and Social Welfare on the Petition Received from the National Residential Care     Leavers Network Trust on the Violation of Rights of Young Adults upon discharge from

Residential Child Care Facilities (Adjourned 14th July, 2020 – Hon. E. Ncube)

 

 

[Days elapsed: 12]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee    on Public Service, Labour and Social Welfare on the Petition Received from the National Residential Care Leavers Network Trust on the Violation of Rights of Young Adults upon discharge from Residential Child Care Facilities [S.C. 7, 2020] – Hon E Ncube

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Youth, Sport, Arts and Recreation on the Petition on the need to set up a Youth Commission which will     ensure that the State complies with the provisions of Section 20 of the Constitution, (S. C.

2, 2019) (Adjourned 15th July, 2020 Hon Togarepi).

[Days elapsed: 11]

 

Question proposed: That this House takes note of Report of the Portfolio Committee on Youth, Sport, Arts and Recreation on the Petition on the need to set up a Youth Commission which will ensure that the State complies with the provisions of Section 20 of the Constitution, (S. C. 2, 2019) – Hon Tongofa

 

  1. Adjourned debate on motion on the Report of the delegation to 53rd Session of the ACP Parliamentary Assembly and the 37th Session of the ACP-EU Joint Parliamentary

Assembly (Adjourned 7th July, 2020 – Hon. Togarepi)

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the Report on the 53rd Session of the

ACP Parliamentary Assembly and the 37th Session of the ACP-EU Joint Parliamentary  Assembly – Hon. P. Moyo

 

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

Finance and Economic Development on the Familiarisation tour to Zimbabwe’s border         posts (Adjourned 24th June, 2020 – Hon. Togarepi)

 

[Days elapsed: 17]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Familiarisation tour to Zimbabwe’s border posts from 3rd to 6th June 2019 and 7th to 11th July 2019. (S.C. 26, 2019) – Hon. Mhona

 

 

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Zimbabwe Elections Support Network’s Petition to

Parliament on Electoral Reforms (Adjourned 25th   June, 2020 – Hon. Mataranyika)

 

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Zimbabwe Elections Support

Network’s Petition to Parliament on Electoral Reforms. (S.C. 29, 2019)-Hon Mataranyika.

 

 

  1. Adjourned debate on motion on the Report on the Re-engagement visit to the United        Kingdom of Sweden by a Parliamentary Delegation led by the Hon. Advocate J. F.           Mudenda from 9th to 10th September 2019.  (Adjourned 23rd June, 2020Hon K.                         Paradza)

 

[Days elapsed: 18]

 

Question proposed: That this House takes note of the Report on the Re-engagement visit to  the United Kingdom of Sweden by a Parliamentary Delegation led by the Hon. Advocate J.  F. Mudenda from 9th to 10th September 2019 - Hon K. Paradza.

 

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

Affairs, Community, Small and Medium Enterprises Development on Fact Finding Visits to

Selected District Office and Women Empowerment Projects (Adjourned 23rd June 2020 –  Hon Madiwa)

 

[Days elapsed: 18]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on

Women Affairs, Community, Small and Medium Enterprises Development on Fact Finding

Visits to  Selected District Office and Women Empowerment Projects in Mashonaland  East, Manicaland, Masvingo and Matabeleland South (S. C. 14, 2019) - Hon Madiwa

 

 

  1. Adjourned debate on motion on the Report on the 74th Session of the Executive

       Committee of the African Parliamentary Union (APU) (Adjourned 23rd June 2020- Hon 

       Zhou)

 

[Days elapsed: 18]

 

Question proposed: That this House takes note of the Report on the 74th Session of the

Executive Committee of the African Parliamentary Union (APU) held from 13th – 14th      June 2019 in Bangui, Central African Republic – Hon T. Zhou   

 

  1. 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: 4]

 

 Question proposed: That this House 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

 

  1. Adjourned debate on motion on the Report of the Liaison and Coordination Committee Annual Report for the First Session (Adjourned 8th September, 2020 – Togarepi)

 

[Days elapsed: 4]

 

Question proposed: That this House takes note of the Report of the Liaison and

Coordination Committee Annual Report for the First Session of the Ninth Parliament – Hon. Togarepi  

 

  1. COMMITTEE: Zimbabwe Media Commission Bill (H.B. 8, 2019) – The Minister of            Information, Publicity and Broadcasting Services.

 

                                    (See Notice of Amendments)

 

 

  1. SECOND READING: Forest Amendment Bill (H.B. 19, 2019)-The Minister of   Environment, Climate, Tourism and Hospitality Industry.

 

  1. SECOND READING: Financial Adjustments Bill [(H.B. 19, 2019) – The Minister of Finance             and Economic Development.

 

  1. SECOND READING: Cyber Security and Data Protection Bill (H.B. 18, 2019)-The Minister          of Information and Communication Technology, Postal and Courier Services.

 

 

  1. 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 13]  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.

 

  1. Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2018 (Adjourned 3rd September, 2020 – Togarepi)

 

[Day elapsed: 5]

 

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.

 

 

  1. Adjourned debate on motion on the Annual Report of the National Peace and Reconciliation for the year 2019 (Adjourned 3rd September, 2020 – Togarepi)

 

[Day elapsed: 5]

 

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..

 

  1. Adjourned debate on motion on the Report of the Judicial Services Commission for the year

[Day elapsed:2]

 

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. 

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 22nd October, 2019 – Sacco)

 

[Time elapsed: 2 hours 4 minutes]

 

Question proposed: That a respectful address be presented to the          President of Zimbabwe as follows: -

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe                  and beg leave to offer our respectful thanks for the speech, which you have been pleased               to address to Parliament. – Hon. Sacco.

 

 

         43.  COMMITTEE OF SUPPLY

 

 

 

NOTICE OF AMENDMENTS

Zimbabwe Media Commission Bill, 2019 (H B. 8, 2019)

INSERTION OF NEW PART V (MEDIA FUND)

BY THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES on page 12 of the Bill, after Pan IV ("FINANCIAL PROVISIONS"), the following pan, and

renumber accordingly—

(2)       'PART V

MEDIA FUND

21 Establishment and vesting of Media Fund

(l) There is hereby established a fund to be known as the Media Fund.

  • Subject to this Part, the Fund shall be vested in and administered by the Commission as trustee.
  • Not more than thirty per centum (30 %) of the moneys of the Fund in any financial year, shall be spent on administrative purposes connected with the objects of the Fund.

22 Objects of Fund

The objects of the Fund shall be

  • capacity building of the media services in order to maintain high standards of quality in the Provision of media services; and
  • to assist in the training of persons in the provision of media services; and
  • to promote and contribute towards research and development in the field of media services;
  • to promote public awareness on the right of access to information and protection of privacy;

23 Moneys of Fund

The Fund shall consist of—

  • such moneys as may be raised by levies imposed in terms of section 24;
  • such moneys as may be payable to the Fund from moneys appropriated by an Act of Parliament for the purpose of the Fund; and
  • any surplus of income over expenditure at the end of the Commission's financial year appropriated in terms of paragraph (b);
  • any other moneys to which the Fund may be lawfully entitled.

24 Levies

(l) Every mass media owner shall pay the prescribed annual levy to the Fund.

  • The dates on which the levies to the Fund become payable and the manner in which they shall be paid shall be as prescribed.
  • Where any mass media owner fails to pay the whole or any part of a levy within seven days after the date when it is due to the Fund, the owner shall be liable to pay to the Fund an amount equivalent to double the levy due.
  • The Commission may, by action in a competent court, recover the amount of a levy or penalty payable in terms of this section.

25 Holding of Fund

(l) The Fund must be administered by the Commission.

(2) All moneys received on behalf of the Fund shall be paid into a banking account and no money shall be withdrawn therefrom except by means of cheques signed by such persons as are authorised in that behalf by the Commission.

(2) Any part of the Fund not immediately required for the purposes of the Fund may be invested in such manner as the Commissions after consultation with the Minister may determine:

Provided that such moneys shall not be invested directly in any securities issued by a mass media service company.

  • Financial year of Fund

The financial year of the Fund shall be the period of twelve months ending on the 3 1 st December in each year.

  • Accounts and audit of Fund

(l) The Commission shall cause proper books of accounts of the Fund to be kept, together with adequate financial and other records in relation thereto, and, within three months after the end of the financial year to which the accounts relate, shall submit the accounts to the Comptroller and Auditor General for audit in terms of subsection (2).

(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General, who shall have all the powers conferred upon him by section 9 of the Audit and Exchequer Act [Chapter 22:03] as though the assets of the Fund were public moneys or State property.

INSERTION OF NEW CLAUSE 28 (CONDITIONS UNDER WHICH COMMISSION MAY

ALLOW SELF -REGULATION OF MEDIA PRACTITIONERS WITH RESPECT TO

COMPLAINTS AGAINST THEM)

(5)                                                          BY THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES

On page 13 of the Bill, in Part V ("General Provisions"), insert the following clause after line 40, and renumber the existing clauses accordingly—

28 Conditions under which Commission may allow self-regulation of media practitioners with respect to complaints against them

(l ) In this section, references to— association" includes a combination of associations by whatever name called with its own constitution and code of ethics, or a combination of media practitioners representative of more than one media profession or specialism or more than one media houses;

"adjudicator" means a single adjudicator or group of adjudicators, including a group of adjudicators acting on behalf of a combination of associations, or a combination of media

practitioners of different media professions or specialisms referred in the definition of "association'

  • An association of media practitioners that complies with the requirements of this section shall be recognised by the Commission as being the body empowered in the first instance to adjudicate complaints made against any of their members by any other member or by members of the public
  • In amplification of subsection (2), it is a privilege of an association recognised by the

Commission under this section that no complainant who is afforded an opportunity to lodge his or her complaint with such an association may approach the Commission except on proof

satisfactory to the Commission that the complainant has first lodged it with the association concerned, and no such complainant may thereafter approach the Commission except on appeal from such association or after a lapse of time during which the association has failed to process the complaint timeously.

  • Any association of media practitioners may, for the purposes of this section—
    • constitute themselves as an association to protect their collective interests (whether in the form of a trust, common law association or company limited by guarantee)
    • lodge, together with the prescribed fee, if any, with the Commission
      • an authenticated copy the constitutive document of their association signed by the persons authorised by the association to be the promoters or steering committee of the association; and
      • if the code of ethics of the members of the association is not an integral part of the constitutive document of the association, lodge together with the constitutive document a comprehensive code of ethics governing the conduct of the members of the association.

(4) If the Commission is satisfied that the constitutive document contains adequate provisions for the following matters, the Commission shall recognise the association by publishing (with the

approval of the Minister) their constitutive document and (if separate) code of ethics by statutory instrument in the Gazette made under the authority of the Commission

  • the hearing, processing. arbitration or adjudication of complaints made against any of their members by any another member or by members of the public; and
  • the hearing, processing, arbitration or adjudication must be conducted on a parttime, casual or full-time basis by at one or more neutral (that is to say, non-member) persons

("adjudicators"") who is or are qualified as follows—

  • he or she must have practised for not less than five years in Zimbabwe as a legal practitioner; or
  • he or she must have been a judge of a court of inherent jurisdiction in

Zimbabwe or of any other country applying English or Roman-Dutch law; or

  • he or she must be a media practitioner having qualifications, training or experience in arbitration or alternative dispute resolution which in the opinion of the Commission is adequate; and

(c) the manner in which complaints shall be lodged with the association and their presentation before the adjudicator or adjudicators within a reasonable time; and (d)  the manner of the adjudication, which shall have the following features

  • the adjudication may be conducted on the basis of either or both a hearing of the parties, or the submission of written representations in the form of

affidavits by both, together with any affidavits by witnesses, if any;

  • if a hearing is held each party may be legally represented but each must bear the cost of his or own legal representation;
  • the adjudicator or adjudicators must be paid from the association's funds, with only a reasonable fee to be charged to the complainant for the lodging

and processing of the complaint (and if the complainant wins his/her case the adjudicator(s) may require the respondent to reimburse the fee to the complainant); and

  • the expeditious processing of the complaint by the adjudicator(s) within a specified time-frame and the due notification of the adjudicator(s)' decision in written and final form to both parties; and
  • if the adjudicator(s) finds that the complaint is justified in whole or in part, provision must be made for at least one or any combination of the following

sanctions— A. a written reprimand of the respondent media practitioner

  1. retraction and apology at the respondent's expense, which shall be afforded adequate prominence in the medium in which it appears
  2. the publication of a right of response at the respondent's expense
  3. a recommendation of the suspension or termination of the media practitioner's membership of the association and/or his or her professional disaccreditation;
  4. any other sanction permitted by the association's constitutive document or code of ethics;

(vi) after notification of the adjudicator's decision, no further provision for appeal may be made except to the Commission; and

  • provision for the amendment of the constitutive document of the association and the notification thereof to the Commission in a timeous fashion; and
  • provisions for the dissolution of association on notice to the Commission.
  • It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement:

Provided that two or more recognised associations may employ the services of the same adjudicator or set of adjudicators.

  • Upon any appeal from the decision or findings of an adjudicator of a recognised association under this section, the Commission shall have the following powers—
    • it may uphold the decision of the adjudicator award the costs of the appeal to the association; or
    • it may remit the decision or any finding to the adjudicator on the grounds that the adjudicator allowed extraneous or irrelevant considerations to affect his or her decision, or failed to take in relevant considerations or facts, or made any mistake of fact; or
    • it may substitute its own decision for that of the adjudicator only where the Commission finds—

(i)   interest in the cause, malice, bias or corruption on the part of the adjudicator; or  (ii)   gross irregularity in the proceedings or the decision of the adjudicator:

Provided, however, that before making a finding under subparagraph (i) or (ii) it shall afford the adjudicator an opportunity to make representations on the matter in person or in writing.

  • It is a condition for the continued recognition of an association under this section that the association must make timely written notification to the Commission of the name(s), qualifications and other relevant particulars of the adjudicator(s) appointed by them, and of their resignation, retirement, removal and replacement.
  • The Commission may on notice to the association concerned withdraw the recognition of an association for the purposes of this section if the association has been found, on due inquiry, not to be compliant with the conditions of its recognition

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

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).

 

 

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