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NATIONAL ASSEMBLY VOTES 27_JULY_2005_NO._19

ADVANCE COPY-UNCORRECTED

 

No.19

PARLIAMENT 

OF ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE

_________________

 

FIRST SESSION – SIXTH PARLIAMENT

_________________

 

WEDNESDAY, 27^TH  JULY 2005

_________________

 

Quarter-past two o’clock p.m.

 

Acting Speaker in the Chair.

 

PRAYERS.

 

Members Present

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

 

Absent with leave Biti T.

Mawere M.

Muchena O.

Mudenge I.S.G.

Mumbengegwi S.S Mutiwekuziva K.K   Mzembi W.

Nguni S.R

Samkange S.M

 

 

Printed by Order of the House

 

1. Questions without notice.

 

2. Questions with notice.

 

3. The Speaker recognized the presence, in the Speaker’s Gallery of students and their teachers from Gwenyu, Gwenungu, Mutange and Davambi schools in Gokwe South Constituency.

 

4. Moyo seconded by Hon Zwizwai moved: That this House-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

CALLS on government to immediately setup an independent commission of inquiry in terms of the laws of Zimbabwe to identify those whose properties or livelihood were destroyed and to determine who orchestrated the humanitarian crisis in order to hold accountable those responsible and to enable the prosecution of those who caused criminal negligence leading to deaths during the Operation;

 

FURTHER CALLS on Government to immediately compensate those whose properties or livelihood were unlawfully destroyed during the Operation.

 

And it being six o’clock p.m, the Acting Speaker interrupted business under consideration in terms of Standing Order 33 (2).

Debate to resume - tomorrow.

5. COMMITTEE: General Laws Amendment Bill (H.B.5.2005) - The Minister of Justice, Legal and Parliamentary Affairs.

 

(House in Committee)  Clause 1 put and agreed to.

On new Clause to be inserted after Clause 1,

The Minister of Justice, Legal and Parliamentary Affairs moved:

Between lines 3 and 4 on page 2 of the Bill, to insert the following new clause, the existing clause 2 (―Amendment of section 6 of Cap. 5:09‖) being renumbered clause 3 and the subsequent clauses being renumbered accordingly.

―2    Amendment of section 9 of Cap. 1:03

The Statute Law Compilation and Revision Act [Chapter 1:03] is amended by the repeal of section 9 and the substitution of

                 9  Appointment of Law Reviser

• There shall be a Law Reviser appointed by the Minister in terms of subsection

(3).

• A person shall not qualify for appointment as a Law Reviser unless he is and has been for not less than seven years, whether continuously or not, qualified to practise as a legal practitioner in a country in which the common law is Roman-Dutch or English and English is an official language.
• The Minister may appoint the Deputy Chairman of the Law Development Commission appointed in terms of section 4 (b) of the Law Development Commission Act [Chapter 1:02] to act as Law Reviser.
• The office of Law Reviser shall be a public office and form part of the Public Service.‖.‖

 

Amendment put and consideration of new Clause 2 deferred.

Subsequent clauses renumbered accordingly.

Clauses 3 to 10 put and agreed to.

On Clause 11,

The Minister of Justice, Legal and Parliamentary Affairs moved:

In line 35 on page 3 of the Bill delete ―and (2)‖.           Amendment put and agreed to.

Clause 11, as amended, put and agreed to.

Clauses 12 to 18 put and agreed to.

On Clause 19,

The Minister of Justice, Legal and Parliamentary Affairs moved:

In line 38 on page 6 of the Bill delete ―commenced on the date of its promulgation.‖ and substitute ―come into operation on the 22nd March, 2002, the date on which the Act was published in the Gazette.‖.  Amendment put and agreed to.

Clause 19 as amended, put and agreed to.

Clauses 20 , 21 and 22 put and agreed to.

On new Clause 23 to be inserted.

               The Minister of Justice, Legal and Parliamentary Affairs moved:

Between lines 6 and 7 on page 7 of the Bill, to insert the following new clause, the existing clause 22 (―Amendment of Cap. 20:24‖) being renumbered clause 24 and the subsequent clauses being renumbered accordingly— “23 New section substituted for section 10 of Cap. 18:23

The Acquisition of Farm Equipment and Material Act [Chapter 18:23] (Act No.7 of

2004) is amended by the repeal of section 10 and the substitution of

                “10 Use of acquired farm equipment or material

• Subject to subsection (2), any farm equipment or material acquired in terms of this Act shall vest in the State for the benefit of the Land Reform Programme.
• The State may, subject to such conditions as are prescribed under section twelve sell or otherwise dispose of for valuable consideration any farm equipment or material acquired in terms of this Act to any private individual, instituion or corporation requiring to use the equipment or material for agricultural purposes on any agricultural land:

Provided that if the person from whom the farm equipment or material was acquired by the State contests the acquisition, the State shall not sell or otherwise dispose of it in terms of this subsection until the matter is finally determined in accordance with section eight.‖.‖

 

Amendment put and agreed to

New Clause 23 put and agreed to.

Clauses 24 and 25 put and agreed to.

On new Clause 26 to be inserted,

The Minister of Justice, Legal and Parliamentary Affairs moved:

Between line 12 and 13 on page 8 of the Bill to insert the following clause, the existing clause 26 (―Amendment of Cap. 25:02‖) being renumbered clause 28 and the subsequent clauses being renumbered accordingly

 

         27 Amendment of Cap. 24:20

The Banking Act [Chapter 24:20] (Act No. 9 of 1999) is amended

(a) in section 3 (―Application of Act‖)

• by the repeal of subsection (1)(a) and the substitution of

―(a)    the People's Own Savings Bank of Zimbabwe operating under the

People's Own Savings Bank of Zimbabwe Act [Chapter 24:22] (Act No. 18 of

1999); or‖;

• by the repeal of subsection (3) and the substitution of

―(3) The Minister may by notice in the Gazette, direct that all or any of

the provisions of this Act shall apply, with such modifications and subject to such terms and conditions as he may specify in the notice, to

• all building societies or any particular building society established in terms of the Building Society Act [Chapter 24:02]; or
• the People's Own Savings Bank of Zimbabwe operating under the People's Own Savings Bank of Zimbabwe Act [Chapter 24:22] (Act No. 18 of 1999); or
• all asset managers or any particular asset manager registered in terms of the Asset Management Act [Chapter 24:26] (Act No. 15 of 2004); or
• all unit trust schemes or any particular unit trust scheme registered in terms of the Collective Investment Schemes Act, 1997 (Act No. 25 of 1977); or
• all moneylenders or any particular moneylender registered in terms of the

Moneylending and Rates of Interest Act [Chapter 14:14];

and the provisions concerned shall apply accordingly, notwithstanding

anything to the contrary in the above Acts.‖;

(b) in section 8 (“Registration of banking institutions”) (3) by the deletion of “and any in regard to it”.

Amendment put and agreed to.

New Clause 26 put and agreed to.

Clause 27 put and agreed to.

On New Clauses 28  and 29,

The Minister of Justice, Legal and Parliamentary Affairs moved:

Between lines 2 and 3 on page 9 of the Bill, to insert the following new clause, the existing clause 27 (―Amendment of section 193 of Cap. 29:15‖) being renumbered clause 30 and the subsequent clauses being renumbered accordingly—

 

29 Amendment of Cap. 27:07

The Legal Practitioners Act [Chapter 27:07] is amended

• in section 7 (―Exemption certificate‖) (1) by the deletion, where it appears for the first time, of ―a reciprocating country‖ and the substitution of ―but is from a a reciprocating country‖;
• in section 12 (―Prohibition against practice without practising certificate‖) in the proviso by the insertion after proviso (b) of the following proviso

―or

• a person who is in the full-time employment of the Zimbabwe Revenue Authority, established by section 3 of the Revenue Authority Act [Chapter 23:11] (Act No. 17 of 1999), and who performs services for the Zimbabwe Revenue Authority as a legal practitioner, in relation to things done in the course of his employment.‖. (c) by the repeal of section 82 and the substitution of

 

“82 Right of State and certain parastatal employees to appear in court

• Notwithstanding anything to the contrary in this Act, any person who is in the employment of the State may appear in any court on behalf of the State.
• Notwithstanding anything to the contrary in this Act, any person who is in the full-time employment of the Zimbabwe Revenue Authority, established by section 3 of the Revenue Authority Act [Chapter 23:11] (Act

No. 17 of 1999), and who performs services for the Zimbabwe Revenue

Authority as a legal practitioner, may appear before

• the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05]; or
• the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06]; or
• any court in any civil action to which the Zimbabwe Revenue Authority is a party, involving any Act specified in the First

Schedule to the Revenue Authority Act [Chapter 23:11] (No. 17 of

1999); and shall have the same rights and priviledges as are specified in paragraphs (a), (b) and (c) of subsection (1) of section eighty-five for persons performing services for the State.‖.

 

Amendment put and agreed to.

New Clause 28 and 29, put and agreed to.

On the Schedule,

The Minister of Justice, Legal and Parliamentary Affairs moved:

In line 24 on page 9 of the Bill delete ―SCHEDULE (Section 29)‖ and substitute ―SCHEDULE (Section 31)‖.

 

Amendment put and agreed to.

Schedule as amended put and agreed to.

 

6. The Minister of Justice, Legal and Parliamentary Affairs moved: That the Chairman do now report progress and seek leave to sit again.

 

Motion put and agreed to.

 

(House resumed)

 

Progress reported .

 

Committee to resume – tomorrow.

 

7. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at twenty five minutes to seven o’clock p.m

.

 

 

 

 

1.   Madzongwe

Acting Speaker.

 

 

 

THURSDAY, 28^TH JULY 2005

 

 

ORDERS OF THE DAY AND NOTICES OF MOTION

 

1. COMMITTEE: To resume on the General Laws Amendment Bill (H.B. 5, 2005)- The Minister of Justice, Legal and Parliamentary Affairs.

 

(New Clause inserted after Clause 1 under consideration)

 

2. SECOND READING: Attorney-General’s Office Bill (H.B. 4, 2005)-The      Minister of Justice, Legal and Parliamentary Affairs.

 

3. Adjourned debate on motion in reply to the Presidential Speech (adjourned 26^TH

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

 

[Time elapsed: 6 hours 23 minutes]

 

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

 

May it please you, Your Excellency, the President:

 

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

 

4.     MUSHORIWA                 BHEBHE

 

To move:

 

That this House

 

NOTING the uneven and unequal development patterns among constituencies;

 

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

 

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

 

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

 

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

 

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

 

 

5.       BITI                   MADZIMURE

 

To move:

 

That this House:

 

TAKING note of the G8 Agreement on Africa to increase aid and debt relief to African countries to the year 2010 concluded at Gleneagles, Scotland in July 2005;

 

AWARE of the G8’s decision for further aid, debt cancellation, more investment and most importantly revisiting the issue of farm subsidies and the grossly unfair international trade laws and other neo-liberal mischief;

 

ACKNOWLEDGING the importance of and obligation for accountability, good governance, respect of good governance on the part of African Governments, values that African Governments themselves have committed through the African Union and the New Partnership for Africa Initiative;

 

DISAPPOINTED that Government continues to deny the Zimbabwean people the benefit of, inter alia debt cancellation, investment, increased aid levels that would free resources for development and social concerns, as a result of its bad governance, opaqueness and human rights records;

 

ANGERED by the fact that the Zimbabwe Government continues to accumulate odious debt via purchase of arms and other goods not in the national interest; CONDEMNS and CENSORS the Government record of governance and violating human rights;

 

DEMANDS full disclosure from the Minister of Finance of the extent of

Zimbabwe’s domestic and external debt;

 

OBLIGES Government to clean up its act and to comply with its commitments to the UN, the AU and to NEPAD;

 

APPEALS to the African Union and SADC to be firm on the principles of peer review and not to condone gross abuses on citizens by erratic, errand African sister States.

 

 

6.      MR CHIHOTA                  MR. L. MUGABE

 

To move:

 

That this House:

 

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

 

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

 

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

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

 

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

NOW THEREFORE:

 

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

 

EQUALLY CONDEMNS the like-minded Zimbabwe Congress of Trad

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

 

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

 

7. Resumption of debate on Motion on the fact-finding mission by the United Nations (UN) Special Envoy on Human Settlements in Zimbabwe.

(Interrupted 27^th July) – The Deputy Minister of Information and Publicity

 

[ Day elapsed:1]

 

Question proposed: That this House-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

CALLS on government to immediately setup an independent commission of inquiry in terms of the laws of Zimbabwe to identify those whose properties or livelihood were destroyed and to determine who orchestrated the humanitarian crisis in order to hold accountable those responsible and to enable the prosecution of those who caused criminal negligence leading to deaths during the Operation;

 

FURTHER CALLS on Government to immediately compensate those whose properties or livelihood were unlawfully destroyed during the Operation- Prof Moyo

 

Amendment proposed by Mr Butau

 

To delete all the words after “House” and to substitute the following:

 

“NOTING that our cities, towns and other places were characterized by rampant crime, general disorder, moral decay and a serious threat to public health;

 

APPRECIATING that Government undertook Operation Murambatsvina to

clean up the cities of illicit activities; rid the cities of slums and secure people’s long-term interest in line with the goal of the United Nations Habitat Agenda;

 

NOTING that the Report of the UN Secretary General’s special envoy, Mrs Anna Kajumulo Tibaijuka’s Fact-finding Mission to assess the scope and impact of ―Operation Murambatsvina‖ lacks a balanced reflection of the reality on the ground;

 

RECALLING that the British Prime Minister, Mr Tony Blair, who is obsessed with regime change and demonization of the President, Cde R.G. Mugabe and Zimbabwe, in keeping with his character, made a prophetic prediction that Mrs Tibaijuka would produce a ―good report‖;

 

WELCOMING the UN Secretary General, Mr Kofi Annan’s acceptance of His Excellency, the President, Cde R.G. Mugabe’s invitation to visit Zimbabwe and see for himself the situation on the ground;

 

NOW THEREFORE:

 

1. APPLAUDS Government for its openness and transparency in accepting the visit of the UN Secretary General’s special envoy,      Mrs Tibaijuka’s Fact-finding Mission and for cooperating with the Mission;

 

2. WELCOMES the UN Secretary General, Mr Kofi Annan for refusal to be dictated to by the Chair of the Security Council, Greece, obviously working with Zimbabwe’s known enemies;

 

3. CONGRATULATES the People’s Republic of China and the United Republic of Tanzania for their principled and resolute stand against attempts to place the matter before the Security Council;

 

4. CALLS UPON progressive nations to reject the continued habitual application by certain western countries of double standards against Zimbabwe for asserting its sovereignty and righting colonial imbalances and to condemn them for their silence on, and acquiescence to, similar events elsewhere and flagrant violations of the UN Charter and resolutions‖.

 

8. Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 26^TH July 2005  - The Minister of Justice, Legal and

Parliamentary Affairs)

 

[Days elapsed: 6]

 

Question proposed: That this House-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

9. COMMITTEE OF SUPPLY.

 

 

 

 

 

 

WEDNESDAY, 2^nd AUGUST,  2005

 

 

QUESTIONS FOR ORAL ANSWERS

 

QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

*1.	MR. SIKHALA:  To ask The Minister of Finance to enlighten the House on the source of the Productive Sector Investment Facility and to name the accounting organs/institutions of those funds. [Deferred from Wednesday 20th July 2005]
*2.	MRS STEVENSON: To ask the Minister of Finance how the Governor of the Reserve

Bank of Zimbabwe will source the $5 trillion promised to the agricultural sector in his monetary policy review in May, in view of the fact that this was not provided for in the 2005 Budget.

[Deferred from Wednesday 27^th July 2005]

 

*3.  MR BITI: To ask the Minister of Finance to state:

 

• the total cost of Zimbabwe’s participation in the Democratic Republic of Congo (DRC) war from the time of the deployment to the official withdrawal of troops and;

 

• whether Zimbabwe received any monetary or material compensation from DRC and if so, what is the total sum or value of compensation if the payment was made in kind.

 

[Deferred from Wednesday 27^th July 2005]

 

*4.          MR BITI: To ask the Minister of Finance to state,

 

• Zimbabwe’s total foreign exchange receipts for the year ended June 2005 and to provide a specific breakdown of these receipts sector by sector.

 

• Zimbabwe’s balance of payment for the year ended June 2005 and give a specific breakdown on the expenditure on the debit side.

 

[Deferred from Wednesday 27^th July 2005]

 

*5.    MR  SIKHALA: To ask the Minister Mines and Mining Development to inform the House on why a South African based company owned by a Jewish family, J. G.

Petrow has been given the exclusive rights to market our asbestos when the Minerals Marketing Corporation of Zimbabwe is responsible for marketing all minerals.

               [Deferred from Wednesday 20^th July 2005]

 

*6.     MR BITI:  To ask the Minister of State, for  Water Resources and Infrastructural           Development:

 

• whether there was legal documents  or agreement, when the Zimbabwe National

Water Authority (ZINWA) took over lake Manyame and all the city of Harare’s Water functions, rights and obligations.

 

• why the residents of the Grange, Glen Lorne, Kambanji and Greendale have gone without water supplies for the last six weeks.

[Deferred from Wednesday 27^th July 2005]

 

*7.     MR MUNGOFA: To ask the Minister of Transport and Communication:

 

• to confirm if the use of new vehicle registration numbers will cease to operate in view of the judgement in favour of Zambia, and if so does it mean we are to revert to our old numbers or new designs will be in place; and

 

• what would happen to those who had spent a lot of money acquiring the rejected new numbers.

 

[Deferred from Wednesday 27^th July 2005]

MR SIBINDI:  To ask the Minister of Transport and Communication to state when the Victoria Falls – Sidinda – Makwa – Musuna road would be constructed.

*8.	MR. BALOYI:  To ask the Minister of Energy and Power Development if he is aware that the fuel shortage has severely cut off the supply of food stuffs to remote areas like Chikombedzi, Malapoli, Dhavhata and Gezani areas in Chiredzi South and to explain to the House how the ministry intends to assist in ensuring that the plight of the people in those areas is alleviated. [Deferred from Wednesday 27th July 2005]
*9.	PROF J. MOYO: To ask the Minister of Energy and Power Development to explain what the Government is doing to improve the availability of fuel given that the recent price adjustments have not resulted in an improvement of the situation. [Deferred from Wednesday 13th July 2005]
*10.	PROF J MOYO: To ask the Minister of Foreign Affairs to: (a)      explain Zimbabwe’s policy position regarding the two African    countries that should be permanent members of the United Nations Security Council as part of the proposed reform of the world body; and (b)     inform the House on the criteria used by Government to arrive at the
	said policy position and choice of countries. [Deferred from Wednesday 20th July 2005]
*11.	MR. BALOYI: To ask the Minister of State for National Security, Lands, Land Reform and Resettlement in the President’s Office what is the Ministry doing to assist A2 Sugarcane farmers in Chiredzi who have not been paid for the sugar delivered to the miller because the former white farmers are contesting both the land and crop [Deferred from Wednesday 13th July 2005]
*12.	MR  MADZIMURE : To ask the Minister of Education, Sport and Culture to explain:

• why the construction of the ―A‖ level block at Kambuzuma High 1 has been stalled for the past three years; and

 

• when completion of the project is expected and what the ministry is doing to ensure this.

[Deferred from Wednesday 20^th July 2005]

 

*13.     MRS MATAMISA: To ask the Minister of Education, Sport and Culture to  state if the ministry has the intention  to deal with the serious shortage of textbooks in Kadoma which currently stands at 8 pupils per text book.

 

          [Deferred from Wednesday 27^th July 2005]

 

*14.  MR. MALINGA: To ask the Minister of Public Service, Labour and Social               Welfare to provide this House with:

• the number of tonnes of maize that have been delivered to Silobela Constituency since March 2005;

 

• the names of the wards and number of families that have benefited from the Government food aid programme; and

 

• the official selling price per bag of maize.

 

 

 [Deferred from Wednesday 27^th July 2005]

 

* 15.    MR MADZIMURE: To ask the Minister of Public Service, Labour and Social Welfare why the department of Social Welfare automatically assume responsibility of all pensioners who earn monthly pensions below $50 000.00 as the money can only buy at most ten loaves of bread.

 

[Deferred from Wednesday 27^th July 2005]

 

*16.     MR ZWIZWAI :To ask the Minister of Public Service, Labour and Social Welfare that contrary to provisions of  Section 12 of the Labour Relations Act Chapter 20:01 which limits the period of time in respect of which an employee can be engaged as a temporary employee or as a ―contractor‖  there are some employees

at Agribank, Dairy Marketing Board and Grain Marketing Board,  who are still  referred to as ―casuals‖ or ―contractors‖ despite serving for as long as two years.

	[Deferred from Wednesday 27th July 2005]
*17.	MRS. STEVENSON: To ask the Minister of Small and Medium Enterprises Development to give statistics of how many people were operating in the informal sector in 2004.
*18.	MR  MUNGOFA: To ask the Minister of Local Government, Public Works and Urban Development Housing to: (a)   state the acrerage of land the Harare City Council has acquired for allocation to registered Housing Cooperatives; (b)   state the share of Harare Province obtainable from the allocated 3 million dollars earmarked to built new houses for families displaced by Operation Murambatsvina; (c)   state the number of stands that will be given to the affected families  considering that Harare has had over 100 000 people without shelter; and (d)   explain why the government is claiming to have started building new houses where the land has not been serviced.
*19.	MR CHIMBAIRA: To ask the Minister of Local Government and Public  Works and Urban Development to state: (a)   the form of assistance being given, if any, to the owners of at least 40 homes destroyed in Unit E, in Zengeza Constituency during Operation Murambatsvina; (b)   why the homes built on a piece of land in Unit E, bought by the South African Government in 1960 for the Apostolic Sect members who are currently occupying the piece of land, were destroyed; and

(c ) the number of civilians and police officers killed during Operation

Murambatsvina.

 

*20.	MRS MATAMISA: To ask the Minister of Local Government, Public Works and Urban Development whether the ministry is considering the establishment of recreational facilities in Kadoma Constituency.
*21.	MRS STEVENSON: To ask the Minister of Local Government, Public Works and Urban Development: (a)   why his ministry changed its policy not to re-allocate the stands at Hatcliffe Extension; (b)   to state the value of building materials destroyed or removed from those stands and inform the nation how his ministry will supply replacement building materials; (c)   to state measures being taken to connect the water and sewerage reticulation at the stands to the City of Harare water and sewage systems.
*22.	MR MUNGOFA:  To ask the Minister of Local Government Public Works and Urban Development whether he is aware that transport fares in urban areas have outweighed income of over 90% of employees’ salaries  and if so, what is his ministry doing to alleviate the plight of workers since they can no longer afford fares charged by commuter bus operators.
*23.	MR MUNGOFA:  To ask the Minister of Local Government Public Works and Urban Development when the ministry is going to erect a drainage system for New Government Flats in Highfied as well as sewage and reticulation systems in this constituency.
*24.	MR MADZIMURE: To the Minister of Local Government, Public Works and Urban
	Development to state:
(a)	the total cost of the equipment that was hired to demolish housing structures

during Operation Murambatsvina and where the funds came from.

 

• why the operation targeted areas that had been designated for home industries and where people had been allocated stands by the respective councils eg, St

Mary’s Home Industries, Warren Park, Kambuzuma, Kuwadzana and Rugare

 

• when are the people going to be allowed back.

 

• why the 100 stands in Rugare which were serviced five years ago have not been allocated to the people who were identified then.

 

• how the Council of Harare was able to mobilize resources for the demolition of the peoples homes when it cannot remove garbage as is the case in Kambuzuma, Warren Park and Rugare suburbs.

 

*25.     MR MADZIMURE: To the Minister of Local Government, Public Works and Urban Development to explain why  residents are being required to keep on paying for refuse collection when the service has not been provided for the past five months.

 

*26.   MR MUTSEKWA: To ask the Minister of Home Affairs to:

 

• confirm reports that officers of the Zimbabwe Republic Police from Mutare Central denied desperate motorists access to fuel at the

Automotive Precision Engineers Service Station on Thursday, 7 May 2005, at about 1430 hours because they wanted to re-fuel drums and twenty litre containers for themselves first, so that they could re-sale it on the black market;

 

• confirm if it is true that on the day in question, out of a delivery of 6 000 litres of fuel, only less than twenty vehicles from the public got fuel whilst the remainder was bought by the police officers for re-sale on the black market;

 

• confirm that the same police officers threatened to let police dogs loose on the forecourt manager if they were denied access to the fuel; and

 

• explain if any disciplinary action is being taken against the officers and to produce proof of such action/investigation.

*27	MR BHEBHE: To ask the Minister of Home Affairs to explain: (a)   why police in Nkayi treat notices to hold meetings in the constituencies as applications for permission to hold meetings; and   (b)   whether, according to the provision of POSA, it is a valid reason to prohibit any meeting because the police have no manpower to cover the proceedings.
*28	PROF. J. MOYO: To ask the Minister of Justice, Legal and Parliamentary Affairs to explain: (a)   whether ZANU PF officials have a right to oversee and supervise government institutions given widespread reports of incidents where party officials, especially at district and provincial levels, have claimed to have the right to supervise institutions such as the Grain Marketing Board and Agricultural Rural Development Agency; and   (b)   the legal basis for party officials to supervise and direct government institutions.
*29.	MR MATUTU:  To ask the Minister of Justice, Legal and Parliamentary Affairs: (a)   what the ministry intends to do with magistrates who impose varying sentences for stock theft, despite the fact that there is a  mandatory 9 years sentence according to provisions of the Stock Theft Amendment Act No 6. of 2004; and   (b)   to rectify the anomaly in sentences ranging from 3 years to 25 years imposed on convicts.
*30.	PROF. MOYO: To ask the Minister of Justice, Legal and Parliamentary Affairs

whether it is true that the Attorney General was part of the ZANU (PF) campaign

team for the March 2005 general elections  and if it is true, to comment on the appropriateness of such involvement in the light of Section 76 of the Constitution that requires the Attorney General to be non partisan and not to be influenced or directed by any authority.

*31.	MRS MATAMISA: To ask the Minister of Higher and Tertiary Education to state if the  ministry has plans to establish tertiary  institutions in Kadoma Constituency.
*32.	MR MATUTU: To ask the Minister of Higher and Tertiary Education: (a)             whether students from Great Zimbabwe University (GZU)  were refunded tuition fees after its demise and; (b)             whether government funds in the form of grants were refunded either to the students or the government by the University.
*33.	MR MKHOSI:  To ask the Minister of Agriculture to explain the ministry’s position regarding the beneficiaries of the three tier system in Emphandeni Ward 1 where a few farmers are excluding others from using land allocated for communal use and

• the responsibilities of beneficiaries with regard to the         adherence to the farm size, livestock unit carrying capacity                                           and the development maintenance of infrastructure; and

 

• the responsibility of paying council rates.

 

*34. .MR  MKHOSI:  To ask the Minister of Agriculture if the government can facilitate the movement of cattle for farmers without enough grazing land to areas with good grazing occupied by new farmers who have no cattle in a bid to boost the dwindling national herd.

 

*35.	MR  MKHOSI:  To ask the Minister of Agriculture to explain how the ministry is going to solve the problem of wheat shortage, which has resulted in shortage of bread in the shops.
* 36.	MR  BITI: To ask the Minister of Agriculture to state the anticipated tonnage of the winter wheat harvest for 2005 and;
*37.	MR BITI: To ask the Minister of Agriculture to update the House on the total quantity and value of the flue cured tobacco that has so far been delivered to the tobacco floors for the 2004 – 2005 season and to explain how much, of this has come from; (a)             small scale peasant farmers (b)             model A1 newly resettled farmers; (c )       model A2 newly resettled farmers; and (d)      ―additional‖ large scale commercial farmers
*38.	MR BITI: To ask the Minister of Agriculture to state whether the Government has any grain reserves held by the GMB and to say what the quantum so held is.
*39.	MR BITI: To ask the Minister of State for Indigenisation and Empowerment to explain steps the Government is taking to avert the continuous capital flight from the remaining black owned banks to the traditional banks in view of the fact that only indigenous banks collapsed.
*40.	MR BITI: To ask the Minister of State for Indigenisation and Empowerment to explain how the government intends reconciling the concept of black economic empowerment and wanton destruction of the black informal sector in view of the fact that a large population of the informal and indigenous sector has been destroyed by ―Operation Murambatsvina‖
*41.	MR BITI: To ask the Minister of State for Policy Implementation to explain what

policy is implemented  in the ministry in view of the consistent policy reversals by the Government as evidenced by the many examples and the erratic and ideologically conflicting Government Policies that vacillate between neoliberalism, for example Operation Murambatsvina and the Reserve Bank Governors turn around strategy and populalist left rhetoric which is anti-west for instance.

 

*42.      MR BITI:  To ask the Minister of State for Special Affairs responsible for land and resettlement programmes:

 

• how many families or individuals have been settled on Model A1and A2 Farms, since the commencement of the Land and Resettlement Programme to date.

 

• in light of the findings of the ―Utete Committee‖ what has been done to date vis a vis the issue of multiple farm ownership by Government ministers, senior civil servants and top ZANU PF officials.

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL

COMMITTEE

 

1. Labour Amendment Bill (H.B. 1, 2005)- The Minister of Public Service, Labour and Social Welfare (Referred 22^nd June, 2005).

 

 

2. Education Amendment Bill (H.B. 6, 2005)- The Minister of Education, Sport and Culture (Referred 22^nd June, 2005).

 

3. Harare Institute of Technology Bill (B. 24A, 2004) – The Minister of Higher and Tertiary Education. (Referred 7^th July, 2005).

 

 

 

NOTICE OF COMMITTEE MEETINGS  Monday, 1^st August 2005

 

At 0945 hours in Committee RoomNo. 1

 

TRANSPORT AND COMMUNICATION: Mr. Mugabe L (Chairperson), Mr.

Chimbaira, Mr. Chikomba, Mrs. Machirori, Mr. Mdlongwa, Mr. Mubawu, Mr. Ncube D. M, Mrs. Nyauchi, Mr. Porusingazi, Ms. Pote, Mr. Sikhala, Mr. Ziyambi, Mr   Zwizwai, Clerk – Mrs  Nyawo

 

 

At 1000 hours in Committee Room No. 4

 

PUBLIC ACCOUNTS: Mrs Misihairabwi-Mushonga (Chairperson), Chief

Charumbira,. Mr. Chamisa, Chief Chimombe, Mr. Kadzima, Mr. Matimba, Mrs. Misihairabwi-Mushonga, Mr. Moyo L, Mr Mupukuta, Mr Musa, Mr. Ncube F D., Ms. Satiya,  Mrs. Stevenson. Clerk – Mr Daniel

 

At 1400 hours in the Conference Room

 

BUDGET,        FINANCE     AND     ECONOMIC     DEVELOPMENT:     Mr.                               Butau

(Chairperson), Chief Bidi, Mr. Biti,  Mr. Bhebhe, Chief Charumbira, Mr Kanzama Ms. Khupe, Mr.Majange, Mr. Mashakada,   Mr. Mushoriwa,  Mr.Mzembi, Mr. Ncube D.M.

Clerk – Mrs Khumalo

Tuesday, 2^nd August  2005

 

At 1000 hours in Committee Room No. 3

 

FOREIGN AFFAIRS, INDUSTRY AND INTERNATIONAL TRADE: Mr.

Porusingazi (Chairperson), Mr. Gumbo J. M., Mr. Gwetu, Chief Mabika, Mrs.  Mawere, Mr.  Mugabe, Mr. Mukahlera, Mr. Mushoriwa, Mr. Mutomba, Mrs. Mpariwa, Mr. Ndlovu, , Chief Shana. Clerk – Mr Ratsakatika

 

At 1000 hours in Committee Room No. 1

 

DEFENCE, HOME AFFAIRS AND NATIONAL SECURITY: Col. Makova

(Chairperson), Mr. Chamisa, Mr. Chipanga, Mrs. Dausi-Gwachiwa, Mr. Kadzima, Ms. Khupe, Mr. Madzimure, Mr. Makova. Chief Malaba, Mr. Mutomba, Mr.  Mutsekwa, Prof.  Ncube W., Mrs. Zinyemba Clerk – Mr Mubaiwa

 

At 1000 hours in Committee Room No. 2

 

LOCAL GOVERNMENT: Mrs. Zinyemba (Chairperson), Mr. Chidarikire, Mr.

Chimanikire, Mr. Gonese, Mr. Machaya, Mr. Majange, Chief Malaba, Mr. Matimba, Mr.

Mubawu,  Mr. Mutsekwa, Mrs. Stevenson, Mr. Ziyambi,

Clerk – Mrs Sunga

 

At 1000 hours in Committee Room No. 4

 

 

LANDS, LANDS REFORM, RESETTLEMENT AND AGRICULTURE: Mr.

Mzembi (Chairperson), Chief. Bushu, Chief. Chimombe, Mr. Gabbuza, Mrs. Katsande, Ms. Khumalo, Mrs. Mahofa, Mr. Mguni, Mr. Mkhosi,   Ms. Mugabe,  , Mr. Pote , Mr. Shoko. Clerk – Mr Ndlovu

 

At 0945 hours In the Conference Room

 

PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Mrs. Maweòe

(Chairperson), Mr. Baloyi, Chief Charumbira, Mr. Chibaya, Mr. Gwetu, Mr. Kangai,

1. Maluleke, Mr. Matutu, Mrs Mazirirk, Ms. Mpariwa , Mr. Mushore, Mr. S(oko. AlerK- Mrs Muganhiri - Muwandi

 

At 1000 hours in Caucus Room

 

HEALTH        AND     CHILD     WELFARE:    Mr.     Chebundo     (Chairperson),                           Mr.

Chandengenda, Mr. Childori-Chininga, Mr. Chipanga, Mr. Kangai, Ms. Khumalo, Chief

MabéKa, Mr. Madubeko,

1. Madzore, Mr."Mupukuta , Mrs. Nyauchi, Mr. Sansole, Mr. Zwizwai. Clerk –

Ms Mukono

 

Thursday, 28^th July 2005

 

At 100   hours in Committee Rgom No. 3

 

JUSTICE,         HEGAL`AND     PARLIAMENTARY     AFFAIRS:     Mr.                                Chipanga

(Chairperson), Chief Bidi, Mr Chidarikire, Mr. Coltart, Mr. Gumbo J. M, Mrs. Machirori, Mr. MAlinga( Mr. Madzimure, Chief MaLisa, Mr. Matutu, Mrs. Misihairabwi- Mushonga, Chief Mudzimurema. Clerk – Ms Macheza

 

At 1000 hOurs(in Comoittee Rgïm No. 2

 

MINES, ENVIROLMENT AND TOURISM: Mr Gabbuza (Chairperson), Mr. Butau,

Mr. Chandengenda, Chief Dandawa, Mrs. Katsande, Mr. Machaya, Col. Makova, Mr. Mungofa, Mr. Mushore, Mr. Ndlovu M, Mr. Sansole, Mr. Sibindi. Clerk – Mr Ndlovu

 

 

At 1000 hours in Committee Room No. 4

 

EDUCATION, SPORT AND CULTURE: Mr. Mhashu  (Chairperson),  Mr. Baloyi,

Mr. Madubeko, Chief  Malisa,  Mr. Maluleke, Mrs. Matamisa, Mrs. Maziriri, Mr. Mguni, Mr. Moyo L, Mr. Mupukuta , Ms. Pote , Mr. Sibindi. Clerk – Mrs Sunga