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NATIONAL ASSEMBLY VOTES 27_SEPTEMBER_2006_NO._12
ADVANCE COPY-UNCORRECTED
No. 12
PARLIAMENT
OF
ZIMBABWE
_________________
VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY
_________________
SECOND SESSION – SIXTH PARLIAMENT
________________
WEDNESDAY, 27TH SEPTEMBER 2006
_________________
Quarter past two o‟clock p.m
| The Acting Speaker in the Chair | |||
|
PRAYERS.
Members present |
|||
| Bhebhe A
Bushu S. Chief Butau D Chamisa N Chandengenda D. J. Chapfika D. Chibaya A Chidarikirre F E Chigudu T. Chigwedere A S Chimanikire G Chimbaira G Chinamasa P A Chihota P C Chininga E T C Chipanga T S |
Chiwewe W
Damasane A. Dandawa Chief T. Gabbuza J. G. Gonese I. T Gumbo J. N. Gwetu M Kadzima P Kanzama F Katsande A Khupe T Langa A Machaya J. M. K Made J. M Madzimure W Madzore P |
Majange C
Makova C W Malisa Chief C Marumahoko R Mashakada T. Matamisa E E Matimba K. M Matiza J. B Matonga B Matuke L Matutu T Maziriri E. Mdlongwa E Mguni N. Mhashu F Moyo J. N |
Mpariwa P Mubau T.
Mudzimurema Chief P. M Muguti E. Mungofa P. Mupukuta L. S Musa C. J Mushoriwa E. Mutiwekuziva K K Mutomba W Mutsekwa C Mzembi W Ncube A Ncube D. M Ncube W |
Nhema C D F
Nyanhongo M H
Nyauchi E
Porusingazi E
Rusere T
Absent with leave
Bhebhe A.
Chimombe Kaukonde R.
Matshalaga, O
Shumba I. M. Zwizwai M
Sibanda G. J.
Sibindi T
Zinyemba M
Ziyambi Z W I
Misihairabwi-Mushonga P.
Mguni N.
Moyo L. N. M.
Moyo J.
Mzembi W.
Nguni S.
Satiya C.
Shana Chief N. Z. J.
- Questions without notice
- Questions with notice
- The Minister of Agriculture made a Ministerial Statement on the tobacco payments to farmers by the Reserve Bank.
- Gonese, seconded by Hon. Mpariwa, moved: That this House-
CONCERNED by the savage and brutal physical assaults on Zimbabwe Congress of Trade Unions (ZCTU) leaders, workers and other peace loving Zimbabweans who were exercising their democratic right to express themselves;
FURTHER CONCERNED by the degrading and inhuman conditions the arrested persons were subjected to upon their incarceration;
DISTURBED by the government‟s lack of tolerance for any form of dissent;
FURTHER DISTURBED by Government‟s failure to observe international labour conventions and adhere to acceptable international standards in dealing with demonstrations;
NOW THEREFORE this House
- condemns the persons responsible for the physical assaults and inhuman treatment; and
- calls upon government to institute investigations into the matter and bring the perpetrators to book.
On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until tomorrow.
- The Minister of Justice Legal and Parliamentary Affairs moved: That notice of motion No. 2 for today stands over until Order of the Day No. 6 has been disposed of.
Motion put and agreed to.
- COMMITTEE: Criminal Procedure and Evidence Amendment Bill (H.B. 3, 2006) - The Minister of Justice, Legal and Parliamentary Affairs).
(House in Committee)
On the long title,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 1 of the Bill, delete in line 2 “[Chapter 8:07]” and substitute “[Chapter 9:07]”.
On page 1 of the Bill, in line 2 after “[Chapter 9:07]” (as substituted) insert “section 51 of the Magistrates Court Act [Chapter 7:10], the Stock Theft Prevention Act [Chapter 9:18]”.
Amendments put and agreed to.
Long title, as amended, put and agreed to.
Clause 1 put and agreed to.
On Clause 2,
The Minister of Justice, Legal and Parliamentary Affairs moved: On pages 1 and 2 of the Bill, delete clause 2 and substitute:
“2 Amendment of section 2 of Cap. 9:07
Section 2 (“Interpretation”) of the Criminal Procedure and Evidence Act
[Chapter 9:07] (hereinafter called “the principal Act”) is amended by the insertion of the following definitions
“sexual offence” means
- for the purpose of section 278, any of the following offences or an attempt to commit any of the following offence
- rape;
- aggravated indecent assault;
- sexual intercourse or performing an indecent act with a young person;
- sodomy;
- sexual intercourse within a prohibited degree of relationship;
- deliberate infection of another with a sexually transmitted disease;
- deliberate transmission of HIV;
- coercing or inducing a person for the purpose of engaging in sexual conduct;
- for the purpose of section 302A, any of the following offences or an attempt to commit any of the following offences
- rape;
- aggravated indecent assault;
- sexual intercourse or performing an indecent act with a young
person, involving any penetration of any part of his or her or
another person‟s body that involves a risk of transmission of HIV;
- deliberate transmission of HIV;
“suitably qualified nurse” means a State certified nurse, paediatric nurse, State certified traumatology nurse or general registered nurse registered as such in terms of the Health Professions Act [Chapter 27:19] (No. 6 of 2000);”.
Amendment put and agreed to.
New clause 2, as amended, put and agreed to.
Clause 3, put and agreed to.
On Clause 4,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 5 of the Bill, delete in line 27 the heading “112 Interpretation in Part VII” and substitute “112 Interpretation in Part VIII”.
Amendment put and agreed to.
Clause 4, as amended, put and agreed to.
Clause 5, put and agreed to.
On Clause 6,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 8 of the Bill, delete in subsection (4) of the inserted section 113F (“Witness refusing to be examined or to produce evidence may be committed”) the words
“committing the accused for trial or otherwise disposing of the proceedings” in line 29 and substitute “confirming the accused‟s statement”. Amendment put and agreed to.
Clause 6, as amended, put and agreed to.
Clauses 7 and 8, put and agreed to.
On Clause 9,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 11 of the Bill, insert in the proviso to paragraph (b) of the inserted section 116 (“Power to admit to bail”) the word “personal” before “consent of the Attorney-General” in line 36.
On page 12 of the Bill, insert in proviso (iii) to paragraph (c) of the inserted section 116 (“Power to admit to bail”) the word “personal” before “consent of the Attorney-General” in line 11.
Amendment put and agreed to.
Clause 9, as amended, put and agreed to.
On Clause 10,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 16 of the Bill, delete in line 36 the bracketed figure “(2)” and substitute “(1)”.
On page 16 of the Bill, delete in line 37 the words “by the deletion of” and substitute “in subsection (1) by the deletion of”.
On page 16 of the Bill, delete paragraph (b) in line 39 and substitute:
“(b)by the repeal of subsection (2)(a).”. Amendment put and agreed to.
Clause 10, as amended, put and agreed to.
Clauses 11 to 16, put and agreed to.
On Clause 17,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 17 of the Bill, delete all words in lines 19 to 22 and substitute:
“Section 247 (“Evidence for prosecution by husband or wife of accused”) of the principal Act is amended by the repeal of subsection (2) and the substitution of”.
Amendment put and agreed to.
Clause 17, as amended, put and agreed to.
Clauses 18 to 24, put and agreed to.
On Clause 25,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 20 of the Bill, delete all words in lines 13 to 15 and substitute:
“Section 302A (“Testing of persons accused of sexual offences for HIV infection”) of the principal Act is amended”.
Amendment put and agreed to.
Clause 25, as amended, put and agreed to.
Clause 26 put and agreed to.
On Clause 27,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 21 of the Bill, delete paragraph 4 of Part I of the substituted Third Schedule of the principal Act in lines 33 and 34 of the Bill, and substitute:
“4. Assault or indecent assault of a child under the age of 16 years, involving the infliction of grievous bodily harm.”.
On page 22 of the Bill, delete subclause (2), the existing subclause (1) becoming clause 27.
Amendment put and agreed to.
Clause 27, as amended, put and agreed to
On Clause 28,
The Minister of Justice, Legal and Parliamentary Affairs moved:
Insert in page 22 of the Bill the following new clause after clause 28, the subsequent clauses being renumbered accordingly:
“29 Amendment of section 51 of Cap. 7:10
Section 51 (“Special jurisdiction as to punishment”) of the Magistrates Court Act [Chapter 7:10] is amended
- in subsection (1) by the repeal of paragraphs (a) to (d) and the substitution of
“(a) public violence; or
- malicious damage to property; or
- an attempt to commit either offence referred to in paragraph (a) or (b);”;
- in subsection (2) by the repeal of paragraphs (a) and (b) and the substitution of
“(a) public violence, malicious damage to property or an attempt to commit either offence; or
(b) robbery or attempted robbery, if the court finds in terms of section 126(3)
of the Criminal Law Code that aggravating circumstances were present;”;
- by the repeal of subsection (3) and the substitution of
“(3) Notwithstanding section 50, every magistrate shall have special jurisdiction to impose the penalties prescribed in sections 113 (“Theft”), 114 (“Stock theft”) and 131 (“Unlawful entry into premises”) of the Criminal Law Code.”.
“30 Repeal of section 9 of Cap. 9:18
Section 9 of the Stock Theft Prevention Act [Chapter 9:18] is repealed.
Amendment put and agreed to.
New Clauses 29 and 30, as amended, put and agreed to
On Clause 29,
The Minister of Justice, Legal and Parliamentary Affairs moved:
On page 23 of the Bill, insert after paragraph (j) the following paragraph, the subsequent paragraphs being renumbered accordingly:
“(k) in section 196 (“Liability of co-perpetrators”) (3)(b) by the deletion of the word
“paragraph (b) of subsection (2)” and the substitution of “paragraph (d) of subsection (2)”;”.
On page 23 of the Bill, in paragraph (m) (now paragraph (n)) delete from line 49 the word “officer”:
Amendment put and agreed to.
Clause 29, as amended, put and agreed to.
Clause 30, put and agreed to.
On Schedule,
The Minister of Justice Legal and Parliamentary Affairs moved:
On page 24 of the Bill, insert in the appropriate columns after line 25 the following items in the Schedule:
“Section 17 By the deletion of “the sum of one
hundred dollars or entered into a
recognizance in the sum of one hundred dollars with two sufficient sureties in the sum of fifty dollars each” and the substitution of “a sum equivalent to level nine on the standard scale of the Criminal Law Code or entered into a recognizance in that amount with two sufficient sureties for each half of that amount”.
Sections 32(3c) (proviso) and 34(5) By the deletion of “not less than forty-
(proviso) eight hours” and the substitution of
“not more than forty-eight hours”.”
On page 24 of the Bill, insert in the appropriate columns after line 26 the following items in the Schedule:
| “Section 135(2) | By the deletion of “not exceeding twenty dollars” and the substitution of “not exceeding level three”. |
| Section 151(11) | By the deletion of “under the common law or under an enactment” and the substitution of “under the Criminal Law Code or under any other enactment”.” |
| Section 196(2) | By the deletion of “not exceeding four hundred dollars” and the substitution of “not exceeding level six”.” |
On page 24 of the Bill, insert in the appropriate columns after line 47 the following item in the Schedule:
| Section 354(2) | By the deletion of “not exceeding two hundred dollars” and the substitution of “not exceeding level six”.” |
| Section 386 | By the deletion of “or is an offence against an enactment and the common law, including the offence of criminal |
injuria,”.”
Amendment put and agreed to.
Schedule as amended put and agreed to.
The Minister of Justice, Legal and Parliamentary Affairs moved: That the Chairperson do now report progress and seek leave to sit again.
Motion put and agreed to.
(House resumed) Progress reported.
Committee to resume – Tuesday.
- On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at twenty minutes past five o‟clock p.m.
- Chidarikire Acting Speaker.
THURSDAY, 28TH SEPTEMBER 2006
ORDERS OF THE DAY AND NOTICES OF MOTIONS
- Adjourned debate on motion on the SECOND READING of the Judicial Service Bill (H.B. 7, 2006) (Adjourned 26th September, 2006 – The Minister of Justice, Legal and Parliamentary Affairs).
Question proposed: That the Judicial Service Bill (H.B. 7, 2006) be now read a second time: The Minister of Justice, Legal and Parliamentary Affairs.
- SECOND READING: - Petroleum Bill (H. B. 5, 2006) – The Minister of Energy and Power Development.
- Adjourned debate on motion in reply to the Presidential Speech (Adjourned 26th
September 2006 – The Minister of justice, Legal and Parliamentary Affairs)
[Time elapsed: 58 minutes]
Question proposed: That a respectful address be presented to the President of Zimbabwe as follows-
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 the 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. Chief Chimombe.
- HON. MKHOSI HON. POTE
That this House takes note of the First Report of the Portfolio Committee on Lands, Land Reform, Resettlement and Agriculture on the State of Preparedness by the Agricultural Sector for the 2006/7 Summer Crop Season (S.C. 23, 2006).
- Adjourned debate on motion on the physical assault on Zimbabwe Congress of Trade Union‟s leaders (Adjourned 27th September 2006 – The Minister of justice, Legal and Parliamentary Affairs)
[Day elapsed 1]
Question proposed: That this House-
CONCERNED by the savage and brutal physical assaults on Zimbabwe Congress of Trade Unions (ZCTU) leaders, workers and other peace loving Zimbabweans who were exercising their democratic right to express themselves;
FURTHER CONCERNED by the degrading and inhuman conditions the arrested persons were subjected to upon their incarceration;
DISTURBED by the government‟s lack of tolerance for any form of dissent;
FURTHER DISTURBED by Government‟s failure to observe international labour conventions and adhere to acceptable international standards in dealing with demonstrations;
NOW THEREFORE this House:
- condemns the persons responsible for the physical assaults and inhuman treatment; and
- calls upon government to institute investigations into the matter and bring the perpetrators to book - Gonese
- COMMITTEE OF SUPPLY
__________________________________________________________________________
TUESDAY, 3RD OCTOBER 2006
- COMMITTEE: To resume on the Criminal Procedure and Evidence Amendment Bill (H.B. 3, 2006) – The Minister Justice, Legal and Parliamentary Affairs. (Progress reported 27th September 2006)
- SECOND READING: Domestic Violence Bill (H. B. 9, 2006) – The Minister of Justice, Legal and Parliamentary Affairs.
WEDNESDAY 4TH OCTOBER 2006-
QUESTIONS FOR ORAL ANSWER
QUESTIONS WITHOUT NOTICE
* QUESTIONS WITH NOTICE
- HON CHEBUNDO: To ask the Minister of Home Affairs to outline the out come of investigations into the following murder cases;
- Wonder Manhengo of Nembudziya, Gokwe who died in 20 June 2000;
- Mandishona Mutyanda of Amaveni, Kwekwe who died on 29 June 2000 after an attack on 18 June 2000;
- Henry Swan Elsworth, a commercial farmer gunned down at his Kwekwe farm on 12 December 2000;
- Robert Fanwick Cobbet, a commercial farmer, murdered on 6 August 2001 in
Kwekwe;
- Vusimuzi Mkweli of Gokwe who died on 9 September 2001 after several attacks by suspected political thugs;
- Kufa Rukara of Gokwe, who died on 20 November 2001 after an attack at Tenda
„torture‟ Camp on 4 October 2001;
- Rambisai Nyika of Gokwe, murdered on 24 December 2001;
- Simwanja Mijoni of Kwekwe who died on 15 January 2002;
- Charles Sibanda of Zhombe, who died on 2 March 2002;
- Funny Mahuni of Kwekwe who died on 3 March 2002; and
- Tipason Madhobha of Gokwe, abducted and murdered on 2 May 2002.
[Deferred from Wednesday, 27th September, 2006]
- HON GWETU: To ask the Minister of Energy and Power Development to state:
- the policy regarding service delivery and distribution of electricity to industry and households in view of the current load shedding and erratic supply of electricity; and
- the reasons why ZESA does not compensate residents whose electrical gadgets are damaged by high voltage when electricity is restored after load shedding.
[Deferred from Wednesday, 27th September, 2006]
- HON MPARIWA: To ask the Minister of Energy and Power Development to state:
- the progress that the Ministry had made in ensuring the supply of electricity to Crowborough North, in ward 36-37 of Mufakose, Harare; and
- the whereabouts of materials, for example cables, meant for the above programme.
[Deferred from Wednesday, 6th September, 2006]
- HON MDLONGWA: To ask the Minister of Energy and Power Development to explain the policy regarding proposed replacement of ZESA load limit meters in the Bulawayo high density areas and whether residents were consulted on the same considering the high costs involved in the exercise and the impending October deadline.
- HON MADZIMURE: To ask the Minister of State for State Enterprises, Anti Monopolies and Anti-Corruption to explain why ZUPCO, a transport organization, falls under the Ministry of Local Government, Public Works and Urban Development instead of Ministry of Transport and Telecommunications.
[Deferred from Wednesday, 6th September, 2006]
- HON MADZIMURE: To ask the Minister of Local Government, Public Works and Urban Development to explain why the term of office for the Commission running the affairs of the City of Harare was extended in view of the fact that it has failed to achieve the objectives it was instituted for e.g. garbage collection, street lightening, road maintenance, provision of clean water and other services.
[Deferred from Wednesday, 6th September, 2006]
- HON MPARIWA: To ask the Minister Local Government, Public Works and Urban Development to state:
- government‟s plans to resuscitate the water reticulation system in Mufakose.
- the average life span of water pipes.
- HON MPARIWA: To ask the Minister Local Government, Public Works and Urban Development to state:
- whether it was the responsibility of the council or the residents to buy water meters;
- the amount or revenue has been collected through the sale of water meters to Mufakose residents and what the funds where being used for.
NOTICE OF MOTION
HON. BUTAU
HON. MUSHORIWA
That this House takes note of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Mid-Term Fiscal and Monetary Policies for 2006, (S.C. 24, 2006).
_______________________________________________________________________
BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL
COMMITTEE
- Interception of Communications Bill (H.B. 4, 2006) - The Minister of Transport and Communications –(Referred 26th July 2006) (Extended from 5 September 2006).
NOTICES OF MEETINGS
THURSDAY, 28TH SEPTEMBER 2006
Committee Room No. 4 at 1000 hrs
EDUCATION, SPORT AND CULTURE: Hon. Mhashu (Chairperson), Hon. Baloyi,
Hon. Senator Chimbudzi, Hon. Senator Chindanya, Hon. Madubeko, Hon. Maluleke,
Hon. Maziriri, Hon. Mguni, Hon. Senator Mkusha, Hon. Moyo L, Hon. Prof. J. Moyo,
Hon. Mupukuta , Hon. Mutomba , Hon. Mutsekwa, Hon. Pote , Hon. Chief Shana, Hon. Senator Chief Sengwe. Clerk – Mrs. Sunga.
MONDAY 2ND OCTOBER 2006
Committee Room No. 4 at 1000 hrs
PUBLIC ACCOUNTS: Hon. Misihairabwi-Mushonga (Chairperson) Hon. Chamisa,
Hon. Chief Chimombe, Hon. Senator Gava, Hon. Kadzima, Hon. Matimba, Hon. Senator Mavhaire, Hon. Moyo L, Hon. Mupukuta, Hon. Ncube F D., Hon. Senator Nyoni, Hon.
Senator Patel, Hon. Satiya, Hon. Stevenson, Hon. Senator Thembani - Clerk- Mr. Daniel
Committee Room No. 1 at 1400 hrs
PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Hon. Mawere
(Chairperson), Hon. Baloyi, Hon. Senator Chief Charumbira, Hon. Chibaya, Hon.
Senator Gumbura, Hon. Gwetu, Hon. Senator Haritatos, Hon. Senator Madiro, Hon.
Maluleke, Hon. Matutu, Hon. Maziriri, Hon. Mpariwa, Hon. Mushore, Hon. Senator Nyathi, Clerk- Mrs. Nyakauta
Committee Room No. 4 at 1400hrs
BUDGET, FINANCE AND ECONOMIC DEVELOPMENT: Hon. Butau
(Chairperson), Chief Bidi, Hon. Biti, Hon. Bhebhe, Hon. Senator chief Charumbira,
Hon. Senator Chikava, Hon. Senator Kabayanjiri, Hon. Kanzama, Hon. Senator
Khumalo, Hon. Khupe, Hon. Majange, Hon. Senator Malinga, Hon. Mashakada, Hon.
Matuke, Hon. Mushoriwa, Hon. Mzembi, Hon. Ncube, D. M. Clerk – Mr.s. Khumalo
Committee Room No. 1 at 1000hrs
TRANSPORT AND COMMUNICATIONS: Hon.. Mugabe L (Chairperson), Hon..
Chimbaira, Hon. Chikomba, Hon. Senator Magadu, Hon. Mdlongwa, Hon. Senator
Moyo, Hon. Prof. Moyo, Hon. Ncube D. M, Hon. Senator Ndlovu R, Hon. Porusingazi, Hon. Pote, Hon. Senator Sai, Hon. Sikhala, Hon. Ziyambi, Hon. Zwizwai, Clerk – Mr. Nyamayaro
TUESDAY, 3RD OCTOBER 2006
Committee Room No. 3 at 1000 hrs
FOREIGN AFFAIRS, INDUSTRY AND INTERNATIONAL TRADE: Hon.
Porusingazi (Chairperson), Hon. Senator Chimene, Hon. Senator Georgias Hon. Gumbo
- M., Hon. Senator Hove, Hon. Chief Mabika, Hon. Malinga, Hon. Mhashu, Hon.
Senator Muchengeti, Hon. Mugabe, Hon. Mukahlera, Hon. Senator Mumvuri, Hon.
Mushoriwa, Hon. Mutomba, Hon. Ndlovu, Hon. Senator T. Ndlovu, Hon. Chief Shana.
Clerk – Mr. Ratsakatika.
Government Caucus at 1000 hrs
LOCAL GOVERNMENT: Hon. Zinyemba, (Chairperson), Hon. Chidarikire, Hon.
Chimanikire, Hon. Gonese, Hon. Machaya, Hon. Majange, Hon. Senator Majuru, Hon.
Matimba, Hon. Matamisa, Hon Matuke, Hon. Chief Mudzimurema, Hon. Senator
Munotengwa, Hon. Senator Musarurwa, Hon. Stevenson, Hon. Senator Tavengwa. Clerk
– Mrs Sunga
Committee Room No. 1 at 1000 hrs
DEFENCE, HOME AFFAIRS AND NATIONAL SECURITY: Hon. Col. Makova
(Chairperson), Hon. Chipanga, Hon. Gwachiwa, Hon. Kadzima, Hon. Khupe, Hon..
Madzimure, Hon Senator Malaba, Hon. Senator Mbambo, Hon. Senator Moyo, Hon.
Mubhawu, Hon. Mutomba, Hon. Mutsekwa, Hon. Prof. Ncube W., Hon. Senator Rungani, Hon. Zinyemba. Clerks – Mr. Daniel and Ms Manyeruke
Committee Room No. 4 at 1000 hrs
LANDS, LAND REFORM, RESETTLEMENT AND AGRICULTURE: Hon.
Mzembi (Chairperson), Hon. Chief. Bushu, Hon. Senator Chiduku, Hon. Senator Chikwanha, Hon. Chief. Chimombe, Hon. Senator Dete, Hon. Gabbuza, Hon. Katsande,
Hon. Senator Khumalo D, Hon. Mahofa, Hon. Mguni, Hon. Mkhosi, Hon. Mugabe, Hon. Pote, Hon. Senator Zvinavashe. Clerk – Mr. Ndlovu