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NATIONAL ASSEMBLY VOTES 27_MARCH_2012_NO._31

ADVANCE COPY- UNCORRECTED

No. 31

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________                              

 

FOURTH  SESSION – SEVENTH PARLIAMENT

 

_________________

 

TUESDAY 27TH MARCH 2012

_________________

 

 

Quarter past two o'clock p.m. The  Speaker in the Chair

 

PRAYERS

 

Members Present

 

 

Baloyi A,

Beremauro G,

Bhasikiti K,

Chaderopa             F

Chambati           T.S

Chamisa N

Chanetsa P.T, Chibaya A.

Chimbetete W.M

Chimhini D.A,

Chininga E.T.C,

Chinomona M.M

Chinyadza W,

Chirongwe R,

Chirume O

Chitando J

Chitima A,

Cross E.G

Dongo G.Z

Dube P,

Dumbu F,

Dzirutwe G

Garadhi S

Gonese I.T

Goto R

Gwiyo C.C

Hove S.R

Jembere E

Jiri M

Kanzama F

Kapesa R

Karenyi L

Kay J.I.H

Khumalo N.M,

Khumalo S.S,

Khupe T

Kumalo M

Mabhena G

Machacha         C

Madubeko J Madzimure W

Madzore P

Mafios I.D

Mahlangu T

Mahoka S

Majome F.J

Makuyana       M

Mandebvu N.T

Mangena J

Maramba P.H

Maramwidze E

H

Masaiti E

Matibe T.P

Matibenga L.G

Matienga         M

Matimba T

Matinenga E.T

Matonga           B

Matshalaga      O

Matutu T

Mazikana P.H

Mhandu C

Mhashu F.G

Mnkandlha T

Moyo E

Moyo R

Moyo S

Mpukuta L Muchauray a P

Muchinguri

O.C. Z.

Mudau M

Mudavanhu E

Mudzuri H

Mukanduri S.T

Mushonga S.L

Mushore L

Musumbu E

Musundire A.L

Mutambara AG

Mutomba W

Mutseyami C.P

Ncube S

Ndava R

Ndebele G

Nemadziva N

Nezi W

Nhema C.D.F

Nkomo S.S

Nyakudanga O

Nyamudeza S

Nyanhongo M.H

Nyaude B

Pasihomusha-

Matiza B.J

Raradza E

Samkange N.T.C

Saruwaka T.J.L

Shoko M

Sibanda D.S

Sibanda F.M

Sindi C

Sithole A

Sululu A

Tazviona R

Tshuma B

Varandeni J

Zhanda T.P

Zhuwao P

Zinyemba M

Ziyambi            W.Z                                      Zwizwai M.

Printed by Order of the House

                                   Apologies

                                      Hon. Chindori-Chininga, Hon. Chebundo,  Hon Chombo, Hon Chidakwa,Hon.

Huruba,  Hon.  Langa,  Hon. Mkhosi, Hon. Mnangagwa, Hon. Mombeshora, Hon.

Mpariwa, Hon. Mwonzora, Hon. Parirenyatwa.   Hon. Chinomona, Hon.

Dzingirayi, Hon. Kagurabadza,  Hon. Katsande, Hon. Kay,  Hon. Haritatos, Hon.

Makamure, Hon. Maposhere, Hon. Mare, Hon. Marima, Hon. Mudarikwa,        Hon. Mudiwa, Hon. Mudzuri. E, Hon. Mungofa, Hon. Munjeyi,        Hon     Munengami, Hon. Musvaire, Hon. Muza, Hon. Navaya, Hon. Nemadziva,  Hon.

Shoko H.

 

  1. Papers laid upon the Table-

 

 The Minister of Finance

 

Infrastructure Development Bank of Zimbabwe 2009 Annual Report[by

            Chapters 22:19 and  22 :18 ]

              

                 Infrastructure Development Bank of Zimbabwe 2010 Annual Report[by

            Chapters 22:19 and 22 :18 ]

              

    Reserve Bank of Zimbabwe 2009 Annual Report [by Chapters 22:19 and  

             22 :18 ]

              

    People's Own Savings Bank 2009 Annual Report [by Chapters 22:19 and  

             22 :18 ]

              

   People's Own Savings Bank 2010 Annual Report. [by Chapters 22:19 and  

             22 :18 ]

 

Zimbabwe Revenue Authority 2009 Annual Report  [by Chapters 22:19 and  

             22 :18 ]

 

   Zimbabwe Revenue Authority 2010 Annual Report by Chapters 22:19 and  

             22 :18 ]

 

             Accountant General's Department consolidated statement of financial          performance [by Chapter 22:19]

 

            Minister of Higher and Tertiary Education

           Harare Institute of Technology: Financial statements for the year ended 31

                                         December 2010.[by Chapter 22:19]

 

  1. The Speaker informed the House that Members were invited to the launch of the

Industrial Development and International Trade Policies to be held at the Harare

International Conference Centre on Thursday, 29th March 2012 from 0900 hours          to 1300 hours.

 

  1. Report from the Parliamentary Legal Committee being an Adverse Report, on the following Bill -

Date received

 

                                 Electoral Amendment Bill (H.B. 3, 2011) ….................... 27th March  2012

    

Consideration of Report – tomorrow.

 

  1. The Minister of Constitutional and Parliamentary Affairs, moved: That

Orders of the day Nos. 1 and 2,for today, stand over, until Order No. 19 has         disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 22nd

            March  – Hon. Sibanda D.)     

 

   [Time elapsed: 4 hours 40 minutes]

 

Question again 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 Zhuwao

 

On the motion of Minister of Constitutional and Parliamentary Affairs: Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion that leave be granted to bring in a Bill to amend the

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

3  (Adjourned  22nd March  - Hon. Gonese)

[Day elapsed: 1]

 

Question again proposed:That leave be granted to bring in a Bill to amend the              Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection             -The Minister of Constitutional and Parliamentary Affairs.

 

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

 

  1. The Minister of Constitutional and Parliamentary Affairs, moved: That Orders    5 to 19, for today, stand over, until Order No. 1 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion on the SECOND READING of the Zimbabwe Human

            Rights Commission Bill (H.B. 2, 2011) (Adjourned 22nd MarchThe Minister of             Justice and Legal Affairs)

 

          Question again proposed: That the Zimbabwe Human Rights Commission Bill

(H.B. 10, 2010) be now read a second time – The Minister of Justice and  Legal    Affairs.

 

        Bill read a second time. Committee, - tomorrow.

 

  1. On the motion of Minister of Constitutional and Parliamentary Affairs: The House adjourned at nine minutes to six clock p.m.

 

L.N.M.MOYO

Speaker.

 

            WEDNESDAY, 28TH MARCH 2012

              

 

QUESTIONS FOR ORAL ANSWERS

    ♦ QUESTIONS WITHOUT NOTICE

    * QUESTIONS WITH NOTICE

 

*1.    HON. BALOYI: To ask the Co-Ministers of Home Affairs to state:

i)the measures the Ministry is taking to curb the increasing rate of raids on    livestock along the Sango and Chikwalakwala border line in Chiredzi; and ii)  the Ministry's plans in finding a lasting solution to cross border cattle rustling in the Sengwe and Matibi II communal lands.

 

[Deferred from, Wednesday 26th October 2011]

 

*2.      HON. SULULU: To ask the Co-Ministers of Home Affairs to explain to the House            the action that has been taken by the police to arrest violent and rowdy people who             disrupted the following approved public gatherings;

  1. The meeting addressed by the United States Ambassador Charles on 20th                        July 2011 in Kwekwe, where youths, journalists and the public were                                assaulted in  full view of the police force;

 

  1. the public hearing in the Government Caucus on the Human Rights

Commission Bill on 23rd July 2011, where  some Members of Parliament,             Journalists and the public were assaulted again in full view of the  police              force.

  1. The measures the Ministry has  put in place to avoid such embarrassing             actions from re-occurring.

 

[Deferred from, Wednesday 26th October 2011]

 

 

*3.   HON. MUSHONGA: To ask the Minister of State in the President's Office to explain

to the House why the following members of the Central Intelligence           Organisation have been allowed to hold political party positions as Central           Committee Members of ZANU PF whilst they are still in full-time employment of           the state:

  1. Tabeth Kanengoni from Mashonaland Central
  2. Jesca Chidza from Manicaland, and
  • Lazma Humbe from Manicaland

 

[Deferred from, Wednesday 5th October 2011]

 

*4.     HON. GARADHI: To ask the Ministry of Local Government, Urban and Rural

Development to explain the Ministry's position with regards to former Golden              Kopje Mine employees who are being evicted by Chinhoyi City Council because             of their party affiliation.

 

                                                                                           [Deferred from, Wednesday 23rd  November  2011]

 

*5.      HON CHIMHINI: To ask the Minister of Local Government Rural and Urban

Development to explain to the House why for seven years now, the Mutasa District

Development Fund has not been able to service or maintain roads such as Honde          Green to Ngarura - Rupinda, Muterere to Mandeya2, Hauna to Mandeya 2 via           Loretto and any other roads  under its jurisdiction.

 

 

*6. HON CHIMHINI:  To ask the Minister of Local Government Rural and Urban
  Development to advise the House what steps a community can take against
  traditional leaders, such as village head Shepherd Sagambe, Mutirowaenda
  Katambarare and Ndai Dondo, a ZANU P.F. Chairperson in Ward One,
  Mutasa North Constituency, who force people to bring National Identity cards
  to their homesteads and use the Identity Cards to appoint villagers as Party
  structure officials to cells and branches and bar people from attending any other
 

 

 

political rallies other than ZANU P.F. rallies.
*7. HON . NDEBELE:  To ask the Minister of Local Government Rural and Urban
  Development to inform the House

 

  i)Why he appoints councillors who lost their posts during 2008 elections and
 

 

those who abused council funds during their term into position of authority.
  ii) Whether it is government policy to elect special interest councillors from
 

 

ZANU P.F. only.
*8. HON CHIMHINI:  To ask the Minister of Local Government Rural and Urban
 

 

Development to explain:
  i)  Whether it is government policy to allow District Administrators such as Mr
  Dhliwayo of Mutasa District, to summon village heads to political meetings
 

 

addressed by Mr Jabulani Sibanda.
  ii)  How the families of the deceased Village Heads, Edward Chijara, Tonganayi
  Mamombe and Paul Mukariri will be compensated after a lorry belonging to Mr
  L.P. Masamvu an aspiring ZANU P.F.  Parliamentary candidate, overturned and
  killed the three village heads  and injured more than forty other heads on their
 

 

way to a political meeting at the District Administrators Offices.
*9. HON JIRI:  To ask the Minister of Local Government Rural and Urban
 

 

Development to explain why
  i)  Chikomba Rural Ditrict Council is allowed to run its affairs unprofessionally
 

 

and without control.
  ii)   The Council does not entertain submissions made by rate payers during the
 

 

time of budget consultation
  iii)  The Council allows people to operate garages along streets e.g  near Total
 

 

garage in Chivhu.
  iv)  Vendors are allowed to sale sadza at unhealthy places and the market
 

 

opposite Vics Tarven.
  v)  The budget does not reflect the Essar Mine's  contribution to the community.

 

*10.    HON MUSHONGA:  To ask the Ministry of Mines and Mining Development to:

 

  1. Explain the Ministry's Policy regarding the release of information on         Chiadzwa Diamond Mines in view of the conflicting figures given by the             chairperson of the Minerals Marketing Cooperation of Zimbabwe and the Deputy          Minister of Mines Mining Development on diamond production.

 

  1. Explain the Ministry's policy in reporting to Parliament regarding the following mining companies operating at Chiadzwa Diamond Fields in view of the fact that only three companies are usually mentioned:

 

  • Mbada Diamonds which is run by MMCZ and Reclamation Company of South Africa
  • CANDILE run by ZMDC and retired Zimbabwe National Army Commanders.
  • ANGIN run by the Chinese and Zimbabwe National Army
  • Central Intelligence Organisation and partners
  • Zimbabwe Republic Police and Partners
  • Zimbabwe Prison Services and Partners
  • Marange Resources
  • Block Wood Mining
  • Condurango Investments

 

*11.   HON MUSHONGA:  To ask the Minister of Mines and Mining Development to           disclose all the Companies mining diamonds at Chiadzwa Diamond Fields, the           total quantities that are mined per month and remittances to the Consolidated          Revenue Fund in terms of taxes, royalties and the government's share of         dividends.

 

*12.   HON MUSHONGA:  To ask the Minister of Mines and Mining Development to;

 

 

i)inform the House whether it is true  that after operation Hakudzokwi there is  theft and pilfering of diamonds which are sold in Mozambican markets and;

 

  1. ii) State the measures the Ministry is taking to stop the leakages.

 

 

*13.     HON JIRI: To ask the Minister of Energy to explain why:

 

  1. The ZESA cable from Sherwood to Chivhu has serious breakdowns on a monthly basis.

 

  1. Chivhu had less problems when it was connected to the ZESA cable from

Gweru and,

 

  • It takes more than two weeks to attend to breakdowns on the cable from          Marondera to Kwenda Mission school.

 

                                                                                           [Deferred from, Wednesday 23rd November  2011]

 

 

*14.      HON SAI:  To ask the Minister of Local Government, Urban and Rural

Development  to state the measures the Ministry is taking to address the plight of

  Village Heads and Headmen who have not received their allowances despite
  having served in those capacities for a long time after appointment by their
 

 

Chiefs.
*15. HON CHEBUNDO:  To ask the Ministry of Industry and Commerce to explain the
  measures the Ministry is taking to avert the closure of Sable Chemical Industries
 

 

Limited which is facing numerous challenges.
*16. HON CHEBUNDO:  To ask the Minister of Industry and Commerce to explain the
  measures the Ministry is taking to address the unethical management operations
  and  contractual policies for inputs and the welfare of workers at Sable Chemicals
 

 

Industries Limited.
*17. HON CHEBUNDO:  To ask the Minister of Finance whether
  i)  the Reserve Bank of Zimbabwe (RBZ) is still involved in " quasi - fiscal
  activities' as evidenced by its continued involvement in gold mining operations at
 

 

Carslone Mine in Kwe-kwe.
  ii)  The Minister of Finance can confirm the claim by certain Reserve Bank of
  Zimbabwe Board Members that the Reserve Bank of Zimbabwe has entered into
  an agreement with a  new investor company which took over mining operations
  and RBZ equipment to transfer the tribute from Reserve Bank of Zimbabwe to
 

 

the new investor company.
  iii)  There is a formal agreement between Reserve Bank of Zimbabwe and the
  new investor to take over both the tribute and the Reserve Bank of Zimbabwe
 

 

mining equipment.
  iv)  The new investor's operations are registered with the Mining Commissioner
  or the investor is using
 

 

 

 

the Reserve Bank of Zimbabwe licenses.

v) There are any mitigating measures in place for creditors bank loans and the workers' welfare.

*18.

 

HON CHIMBETETE:  To ask the Minister of Lands and Rural Resettlement to explain to the House the plans that are in place regarding farmers who were allocated land between 2000 to date and have not been utilizing the land.
*19. HON MAKAMURE:  To ask the Minister of Transport and Infrastructural
  Development to inform the House about the progress being made in the
  completion of the Gutu to Kurai road.

 

 

*20. HON SULULU:  To ask the Minister of Transport and Infrastructural and
 

 

Development
  i)  To Explain why the Ministry is not maintaining the 15km dust-road between
  Silobela and Kwe-kwe despite numerous requests by the Honorable Member of
 

 

Parliament.
 

 

 

ii)    To Inform the House when the said road is will be tarred.

iii)   To Explain the criteria used in prioritising the completion of road projects for instance, the tarring of the Silobela - Kwekwe road, since it has now been over twenty (20) years before its completion.

*21. HON CHIMBETETETo ask the Minister of Transport and Infrastructural
  Development to explain to the House why ZIMRA is auctioning cars whose
  owners are Zimbabweans who have failed to pay duty and how proceeds from the
 

 

auction will be shared between ZIMRA and the owner.
*22. HON. SARUWAKA:  To ask the Minister of Transport and Infrastructural
  Development to inform the House whether there is a Statutory Instrument in
  place to enforce the mandatory driver retests revocation being published by the
 

 

media.
*23. HON CHIMHINI:  To ask the Minister of Health and Child Welfare to state the

plans  the Ministry has to ensure that Malaria drugs and testing kits are made available            in malaria prone districts such as Mutasa District in view of the serious shortage          of Malaria drugs and testing kits in these districts.

 

*24.     HON CHIMBETETE:  To ask the Minister of Lands and Rural Resettlement to explain to the House the plans that are in place regarding farmers who were allocated land between 2000 to date and have not been utilizing the land.

 

                                                                       ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1. HON. NEZI  HON. MAZIKANA

 

That this House takes note of the First Report of the Portfolio Committee on Natural Resources, Environment and Tourism on Conservancies and Forestry Plantations (S.C. 11, 2012)

 

2. HON. MATIENGA    HON. SITHOLE

 

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

Women, Youth, Gender and Community Development on the Challenges and

Constraints Affecting the Operations of Vocational Training Centres in

Zimbabwe (S.C. 10, 2012)

 

3. HON. KARENYI  HON. NYAKUDANGA

 

That this House takes note of the Report of the Portfolio Committee on Local

Government, Rural and Urban Development on Service Delivery to the Local Authorities of Gutu and Chiredzi (S.C.13, 2012)

 

4. HON. CHIKWINYA  HON. MATONGA

 

That the First Report of the Portfolio committee on Media, Information and          Communication Technology on the State of Public Media in Zimbabwe which      was superseded by the prorogation of the Third Session of the Seventh Parliament              be restored on the Order Paper.

 

5. HON. MATAMISA    HON. GUMBO

 

That this House takes note of the Report of the Fifth Ordinary Session of the

Second parliament of the Pan-African Parliament  (PAP)

 

  1. HON. R. MOYO

            HON. N. NEMADZIVA

 

That this House:

 

AWARE that Air Zimbabwe has been operating at a loss since 1990.

 

CONCERNED that the current majority shareholder which is the Government of     Zimbabwe has failed to initiate a sound turnaround strategy for this parastatal,

 

FURTHER CONCERNED that the current fleet is old, outdated and beyond               resuscitation,

 

WORRIED by the serious erosion of brand Zimbabwe by the airline nationally         and internationally.

 

NOW THEREFORE, calls upon the Government of Zimbabwe to;

  1. i) put the current fleet to pasture; and ii) privatize Air Zimbabwe;

 

  1. Adjourned debate on motion that leave be granted to bring in a Bill to amend the

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

                                         3 (Adjourned 27th March -Hon. Gonese )

 

[Day elapsed: 2]

 

Question proposed: That leave be granted to bring in a Bill to amend the

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection

 - Hon. Gonese

              

             

  1. Adjourned debate on motion the First Report of the Portfolio Committee on Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012)-(Adjourned 22nd March – Sibanda D).

[Days elapsed: 2]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (S.C. 5, 2012) -Hon Chebundo.

 

  1. Adjourned debate on motion on the First Report of the Committee on Public

Accounts on the Report of the Comptroller and Auditor General on the             Management of Government Vehicles by CMED (Private) Limited  (S.C. 3,      2012)  (Adjourned 22nd March – Hon. Gonese).

 

 

[Day elapsed: 1]

 

Question proposed:  That this House takes note of the First Report of the Committee on Public Accounts on the Report of the Comptroller and Auditor

General on the Management of Government Vehicles by CMED (Private)

Limited  (S.C. 3, 2012) – Hon. Chinyadza

 

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee          on  Education, Arts  and Culture on Primary and Secondary schools         textbooks tendering and distribution process under the Education  Transition Fund.(S.C. 6, 2012) – (Adjourned 22nd March –

          Sibanda D).

 

[Days elapsed: 2]

 

Question Proposed:  That this House takes note of the First Report of the

Portfolio Committee on  Education, Arts  and Culture on Primary and Secondary

schools textbooks tendering and distribution process under the Education Transition Fund.(S.C. 6, 2012) – Hon. Mangami.

 

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

Health and Child Welfare on the state of affairs at NatPharm (S.C. 2, of 2012) –      (Adjourned 22nd March - Hon. Sibanda D).

 

Question proposed:That this House takes note of the First Report of the   Committee on Health and Child Welfare on the state of affairs and NatPharm  (S.C. 2, of 2012) - Hon. Parirenyatwa. 

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Local   Government and Urban Development  on the Third Quarter Budget Performance      of the Ministry of Local Government, Rural and Urban Development for the year

                                       2011.(S.C.5, 2012)   (Adjourned 15th  March – Hon Chinomona)

 

[Day elapsed: 2]

 

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

Committee on Local Government and Urban Development  on the Third

Quarter Budget Performance of the Ministry of Local Government, Rural and

Urban Development for the year 2011.(S.C.5, 2012) – Hon. Karenyi

 

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

Public Works and National Housing on Phase Two Willowvale Flats Housing

Project on   (S.C.8, 2012)   (Adjourned 15th  March – Hon Sibanda D.)

 

[Day elapsed: 1]

 

           Question proposed: That this House takes note of the First Report of the

Portfolio Committee on Public Works and National Housing on Phase Two

Willowvale Flats Housing Project (S.C. 8, 2012). - Hon Mupukuta

 

  1. SECOND READING : Urban Councils Amendment Bill (H.B. 5, 2011) - Matimba

 

 

  1. Adjourned debate on motion on the workshop report of the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters (Adjourned  13th  March  – The  Minister of Constitutional and Parliamentary Affairs).

[Days elapsed:  6]

 

Question proposed:  That this House takes note of the Report on the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters workshop that was held in Gaborone Botswana in July 2011 to promote the

involvement of the committee and members of Parliament on Trade, Customs and Immigration in Regional Integration efforts – Hon. Mutomba.

 

  1. Adjourned debate on motion on the Indigenisation and Empowerment (General)

Regulations Statutory Instrument No. 21 of 2010 (Adjourned  13th  March  – The  Minister of Constitutional and Parliamentary Affairs)

 

[Days elapsed:  5]

 

            Question proposed:  That this House:

 

             COGNIZANT  of the  need to publish in the  gazette and to enforce all       delegated legislation in conformity with the relevant Principal Acts;

 

DISTURBED that the Indigenisation and Empowerment (General)  Regulations

Statutory Instrument No. 21 of 2010, as read with the minimum requirements for

Indigenisation Implementation Plans for businesses in the  mining sector GN        114/2011, do not conform with the Government's Policy of economic revival      which aims at  encouraging Direct Foreign Investment;

 

CONCERNED that the responsible Minister promulgated the Indigenisation             Empowerment Regulations without due regard for private enterprises and      industries which are critical for Zimbabwe's  economic recovery;

 

CONDEMNING the practice by the responsible Minister to invoke             delegated legislation on foreign owned companies without Cabinet Authority, in             contravention of bilateral agreements, a situation which puts the Government's  credibility into disrepute;

 

NOW THEREFORE, resolves that the responsible Minister withdraws forthwith the Indigenisation and Empowerment Regulations and replaces them with revised versions which address  broad based empowerment programmes – Hon. Musundire.

 

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

Mines  and Energy on the state of affairs at Shabani  Mashava Mine (S.C.10,

                                          2011) (Adjourned 25th October - Hon. Gonese)

[Day elapsed: 1]

 

           Question proposed: That this House takes note of the First Report of the

Portfolio Committee on Mines and Energy on the State of Affairs at         Shabani-Mashava Mines (S.C.10, 2011). - Hon Chindori-Chininga

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Rural and Urban Development (Adjourned 26th September – D. Sibanda).

   [Day elapsed: 2]

              

            Question proposed:   That this House takes note of the First Report of the Portfolio Committee on Local Government, Urban and Rural Development on the public hearings on the state of service delivery by the Municipalities of Harare, Chitungwiza and Norton. (S.C. 6, 2010)- Hon. Matimba.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 27th   March  – The Minister of Constitutional and Parliamentary Affairs)     

 

   [Time elapsed: 4 hours 40 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 Zhuwao

 

  1. COMMITTEE :Zimbabwe Human Rights Commission Bill (H.B. 2, 2011)- The              Minister of Justice and Legal Affairs

 

                  (See Notice of Amendments)

 

  1. SECOND READING : National Incomes and Pricing Commission Bill (H.B. 10, 2010) - The Minister of Industry and Commerce. 

 

  1. COMMITTEE: Consideration of an Adverse Report by the Parliamentary Legal   Committee on the Electoral Amendment Bill, 2011 (H.B. 3, 2011) - |The          Minister of Justice and Legal Affairs.

 

  1. COMMITTEE OF SUPPLY.

 

NOTICE OF AMENDMENTS

 

Zimbabwe Human Rights Commission Bill, 2011 (H.B. 2,2011)

 

AMENDMENTS OF CLAUSE 1 (“SHORT TITLE”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 5 of the Bill, delete clause 1 on lines 9 and 10 and substitute the  following:

 

“1  Short title

 

      This Act may be sited as the Zimbabwe Human Rights Commission Act [Chapter

            10:30].”

 

 

AMENDMENT OF CLAUSE 2 (“INTERPRETATION”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 5 of the Bill, in the definition of “human rights violation”, delete the proviso thereto between lines 36 and 38.

On page 6 of the Bill, delete the definition of “visitor” between lines 10 and 12.

 

SUBSTITUTION OF CLAUSE 4 (“FUNCTIONS OF COMMISSION”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 6 of the Bill, delete clause 4 and substitute the following:

 

“4   Additional functions of Commission

 

In addition to the functions and powers set out in section 100R(6) and (7) of the Constitution, the Commission shall have the following functions and powers-

 

  • to conduct investigations on its own initiative or on receipt of complaints;

 

  • to visit and inspect prisons, places of detention, refugee camps and related       facilities in order to ascertain the condition under which inmates are kept there,        and to make recommendations regarding those conditions to the Minister            responsible for administering the law relating to those places or facilities;

 

  • to visit and inspect places where mentally disordered or intellectually         handicapped  persons are detained under any law in order to ascertain the           conditions under which those persons are kept there, and to make           recommendations regarding those conditions to the Minister responsible for         administering the law relating to those places; and

 

  • to ensure and provide appropriate redress for violations of human rights and  for injustice;

 

  • to co-operate with Human Rights Institutions belonging to international,         Continental or Regional organisations of which Zimbabwe is a member.”

 

AMENDMENT OF CLAUSE 6 (“EXECUTIVE SECRETARY AND OTHER STAFF OF COMMISSION AND CONSULTANTS)

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 7 of the Bill, in Sub-section (1) of this clause, delete paragraph B between lines 4 and 7 and substitute:

“(b) employ such other staff as maybe necessary for the proper exercise                     of its functions, and engage consultants where necessary:

Provided that  the Commission shall consult the Minister and the Minister                    responsible for Finance on the extent to which additional public moneys                  maybe required for this purpose.”

 

On page 7 of the Bill, insert after the end of subclause (1) on line 7 the following subclause, and renumber the subsequent subclauses (2), (3) and (4) as subclauses (3), (4) and (5) accordingly:

 

“(2) In order for a person to be appointed as Executive Secretary of the Commission, he or she must -

 

  • be qualified to be appointed as a judge of the High Court or the Supreme

Court; or

 

  • have a graduate or postgraduate qualification in human rights law or humanitarian law or a related discipline.”

 

 AMENDMENT OF CLAUSE 9 (“JURISDICTION OF COMMISSION TO  CONDUCT INVESTIGATIONS”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 8 of the Bill, in subclause (4)(a), delete in lines 24 and 25  the words “the aggrieved person was a citizen, resident or visitor of Zimbabwe at the time when the action or omission complained of occurred and”.

 

             AMENDMENT OF CLAUSE 10(“MANNER OF MAKING  COMPLAINTS”)

 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS

 

On page 8 of the Bill, in subclause (1), delete in line 42 the words “in that notice” and substitute “in those regulations”.

 

  AMENDMENT OF CLAUSE 12(“MANNER OF CONDUCTING INVESTIGATIONS”)

 

On pages 9 and 10 of the Bill delete subclause (6) and substitute the following subclause

:-

“(6) The Minister may, at any stage during the investigation of a complaint by the commission, to produce to the Commission a certificate in writing signed by him or her to the effect that the  disclosure of any evidence or documentation or class of evidence or documentation or class of evidence or documentation specified in the certificates is, in his or her opinion, contrary to the public interest on the grounds that it may prejudice the defence, external relations, internal security or economic interests of the state , whereupon the Commission shall make arrangements for evidence relating to that matter to be heard in camera at a closed hearing and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter.”

 

On page 10 of the Bill, in subclause (7), delete in line 7  the word “notice” and substitute

“certificate”.

 

On page 10 of the Bill, in the subclause (7) (b), delete in lines 13 and 15 the word

“notice” and substitute “certificates”.

 

On page 10 of the Bill, insert after subclause (8), the following subclause:

 

“(9)  For the avoidance of doubt it is declared that the law relating to the competence or compellability of any person on the grounds of privilege to give evidence, answer any questions or produce any book or document before the Commission, shall apply.”

 

 

Renumber the subsequent subclause (9) as subclause (10) accordingly.

 

 

             BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL          COMMITTEE.

 

  1.           Older  Persons Bill (H. B.1,2011) – The Minister of Labour and Social       Services. (Referred 20th   March 2012)

 

____________________________________________________________________

 

 

 

MEETINGS OF COMMITTEES

 

Thursday 29th March 2012

 

At 1000hrs in Committee Room No. 413

 

Media, Information and Communication Technology – Clerk Mr Mutyambizi

Hon. Baloyi, Hon. Chaderopa, Hon. Hlongwane, Hon. Mandebvu, Hon. Matonga, Hon. Moyo S, Hon. Mudarikwa, Hon. Jembere, Hon. Muchauraya, Hon. Mudiwa, Hon. Musumbu, Hon. Sibanda, Hon. Varandeni, Hon. Ziyambi.

 

Hon. S. Chikwinya to be Chairperson

 

At 1000hrs in Committee Room No. 1

 

           Small and Medium Enterprise Cooperative Development –              Clerk Ms Mushunje

Hon. Chimbetete, Hon. Gonese, Hon. Makuyana M, Hon. Maramwidze Hon.

Masvaire, Hon. Matibe, Hon. Maposhere, Hon. Mbwembwe, Hon. Moyo R, Hon.

Munjeyi, Hon. Mutomba, Hon. Muza, Hon. Navaya, Hon. Nemadziva, Hon.

Ngwenya, Hon. Nyamudeza, Hon. Sai, Hon. Sindi, Hon. Tazviona, Hon. Zhuwao, Hon. Zinyemba.

 

Hon. Moyo to be Chairperson

 

              

 

At 1000hrs in Committee Room No. 3

 

            Women, Youth, Gender and Community Development – Clerk Mr Kunzwa Hon. Chibaya, Hon. Chitima, Hon. Chirume, Hon. Chitima, Hon. Dzingirayi, Hon. Goto, Hon. Kagurabadza, Hon. Masukume, Hon. Matienga, Hon.

Mahlangu, Hon. Mharadza, Hon. Navaya, Hon. Nyamupinga, Hon. Shirichena,

Hon. Sithole A.  Clerk Mr Kunzwa

 

Hon Matienga to be Chairperson

 

 

At 1000hrs in Committee Room No. 4

 

Education, Sports and Culture- Clerk - Ms Chikuvire

Hon. Bhasikiti, Hon. Chihota, Hon. Chimhini, Hon. Chitando, Hon. Dumbu,

Hon. Haritatos, Hon. Kumalo Marvellous, Hon. Khumalo S., Hon. Madubeko, Hon. Mangami, Hon. Mhashu F.G, Hon. Mudzuri H, Hon. Mupukuta, Hon. Muza, Hon. S.M Ncube, Hon. Nezi, Hon. Sibanda F.M.

 

Hon. Mangami to be Chairperson

 

 

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