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NATIONAL ASSEMBLY VOTES 28 OCTOBER 2020 NO 3

ADVANCE COPY- UNCORRECTED

No. 3

 

 

PARLIAMENT

  

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY

_________________

 

THIRD SESSION – NINTH PARLIAMENT

 

_________________

 

WEDNESDAY, 28TH OCTOBER, 2020

_________________

Quarter past two o’clock p.m.

The Speaker in the Chair   PRAYERS   Members Present
Banda G; Bhila R, Biti L. T., Bvute O., Chibagu G., Chidakwa J.,  Chidamba S.,  Chiduwa C. Chihururu C., Chikomba L., Chikudo Rueben, Chikukwa M. R, Chikuni E.,	Chikwama B., Chikwinya S.,  Chimbaira G., Chimina L., Chingosho C. P. Chinotimba J., Chinyanganya M., Chipato A, Chitura L, Chiyangwa P, Chombo M, Dinar K, Dube B,	Dube G, Dube M., Dutiro P, Dzuma S., Gabbuza J. G., Gandawa M. A, Garwe D., Gezi T., Gonese I T, Gorerino O., Gozho C, Gwanetsa K. K., Gwanongodza E.,

 

Hamauswa S., Houghton J. R, Jaja J., January S. Kabozo S., Kachepa N., Kankuni W, Kapuya F., Karikoga T., Karumazondo     M. T., Kashambe M. T., Kazembe K.,  Khumalo S. S.,  Khupe T. Kwaramba G.,  Labode M. R. Maboyi R M., Machakarika T., Machando P., Machingauta C. Madhuku J, Madiro M, Madiwa C., Madzimure W., Madziva S., Mafuta S. V., Mago N, Mahlangu S,  Makone S. Makoni R R, Makonya J, Mangora B., Maphosa L., Marikisi N., Markham A. N., Maronge C.,	Masango C. P.,  Mashakada T. Masuku E, Masuku P., Matangira T. R, Mataranyika D. M., Mataruse P., Mathe S, Matsikenyere N., Mavenyengwa R., Mavetera T. A., Mavhunga M, Mavima P, Mawite D., Mayihlome L, Mbondah M, Mchenje S. M., Mguni Hlalani Mguni S K, Mhere E., Mhona F T, Mkandla M., Mkaratigwa E., Mlambo M. M., Mliswa T P Mnangagwa T. M., Modi R. I, Moyo E, Moyo Peter, Moyo Priscilla, Moyo R., Moyo T., Mpariwa P, Mpofu A., Mpofu M. M., Mpofu R., Muchimwe P T,	Mudarikwa S, Mudyiwa M., Mugweni C. T., Mukuhlani T., Mukunyaidze S. E. I., Munetsi J., Munochinzwa M. Muponora N., Murambiwa O, Murire J, Rtd. Col. Dr Musakwa E, Musanhi K. S, Musarurwa W.Y.
		Mushoriwa E., Musikavanhu A., Musiyiwa R., Mutambisi C, Mutodi E., Mutomba W., Ncube E., Ncube Ophar, Ncube Soul, Ndebele A., Ndiweni D., Ndlovu E., Ndlovu S., Nduna D. T., Nguluvhe A., Ngwenya S., Nhambo F., Nhari V, Nkani A., Nkomo M, Nyabani T,	D.

 

Nyabote R. Nyamudeza S, Nyashanu M. Dr, Nyathi R. R, Nyati Esther Nyere C., Nyokanhete J, Nyoni I, Paradza J, Paradza K., Porusingazi E., Raidza M., Rungani A, Rwodzi B.,  Sacco J. K.,  Saizi T. Samambwa E., Samson A.,

Samukange J. T., Sansole T. W., Sanyatwe C., Saruwaka T. J. L., Seremwe B., Sewera J N, Shamu W. K., Shava J., Shirichena E., Shongedza E., Shumbamhini H., Sibanda O., Sibanda Z., Sikhala J., Singo L, Sithole G K, Sithole James, Sithole Josiah,

Sithole S, Svuure D, Tekeshe D., Toffa J., Togarepi P., Tongofa M., Tsunga R, Tsuura N., Tsvangirai Vincent Tungamirai T., Wadyajena J M., Zemura L, Zhemu S, Zhou P, Zhou T, Ziyambi ,

Printed by Order of the House

 

Absent with leave

 

Hon. Biti T. Hon. Mohadi K.C.D; Hon. Chiwenga C.G.; Hon. Mutsvangwa M.; Hon. Ndlovu M.N.; Hon. Matiza B.J.; Hon. Karoro D.; Hon. Marapira; Hon. Haritatos; Hon. Gumbo J.M.; Hon. Murwira A.

 

1. The Speaker informed the House that the Annual Pre-Budget Seminar was scheduled for 5 to 7 November, 2020, at the Rainbow Towers Hotel in Harare. Presiding Officers, Ministers, Members of the Committee on Standing Rules and Orders, Chairpersons of Portfolio and Thematic Committees, Members of the Portfolio Committee on Budget, Finance and Economic Development and Members of the Expanded SDGs Committee would participate physically. The rest of the Members would participate virtually from hotels, National Assembly and Senate Chambers and areas of their choice where connectivity is established and that a zoom link would be shared for those participating virtually. Hon Members participating virtually from the precincts of Parliament were requested to confirm with the Public Relations Office.

 

2. Questions for oral answers.

 

3. Hon Mliswa, seconded by Hon Nduna, moved: That time for questions without notice be extended by fifteen minutes.

 

Motion put and agreed to.

 

 

4. The Minister of Justice, Legal and Parliamentary Affairs moved: Notices of Motions Nos. 1 to 3, for today, stand over, until Notice of Motion No. 4 has been disposed of.

 

Motion put and agreed to.

 

5. The Minister of Local Government and Public Works moved: That WHEREAS in terms of Subsection (1) of Section 14 of the Urban Councils Act (Chapter 29:15) a Municipal Council may apply to the Minister for the municipality concerned to be accorded City Status if the municipality is the dominant centre of influence for a significant area; and

 

WHEREAS on receipt of the application, the Minister appoints a  Commission which shall call upon any person who wishes to make  representations to submit them to the Commission; and

 

WHEREAS in considering the matter the Commission is guided by  matters set out in the Executive Summary of the Report in addition to  any other matters which are considered to be relevant and shall  thereafter submit its report to the Minister; and

 

WHEREAS the Municipality of Victoria Falls, applied to be accorded

City status on 21^st July 2017; and

 

WHEREAS the Commission submitted its report recommending the      City Status to Victoria Falls, to the Minister on 19^th January 2018;

 

NOW THEREFORE, in terms of subsection (6) of section 14 of the  Urban  Councils Act (Chapter 29:15) Parliament resolves that an  address be presented to His Excellency, the President, requesting him  to accord City Status to the Municipality of Victoria Falls.

 

Motion put and agreed to.

 

 

6. On the motion of the Minister of Local Government and Public Works: The House adjourned at five minutes past six o`clock pm.

 

 

HON. ADV. J. F. MUDENDA    Speaker.

 

 

THURSDAY, 29TH OCTOBER, 2020

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

               1.         THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

That this House takes note of the Report of the Zimbabwe Human Rights Commission for the years 2018 and 2019 presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe.

 

               2.          THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

That this House takes note of the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe, presented to this House of Parliament in terms of section 244 (2) of the Constitution of Zimbabwe.

 

               3.        THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

That this House takes note of the Report of the National Prosecuting Authority of Zimbabwe for the year 2019, presented to this House of Parliament in terms of section 262 of the Constitution of Zimbabwe.

 

 

4. Adjourned debate on motion on the SECOND READING of the Forest Amendment Bill (H.B. 19, 2019) (Restored 27th October, 2020 – The

Minister of Justice, Legal Parliamentary Affairs)

 

[Days elapsed: 8]

Question proposed: That the Forest Amendment Bill (H.B. 19, 2019) be now read a second time- The Minister of Environment, Climate, Tourism and Hospitality Industry.

 

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

 

(See Notice of Amendments)

 

6. Adjourned debate on motion on the SECOND READING of the Constitution of Zimbabwe Amendment (No. 2) Bill (H.B. 23, 2019) – (Restored 27th October, 2020- The Minister of Justice, Legal and Parliamentary Affairs).

 

[Days elapsed: 16]

 

Question proposed: That the Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23, 2019), be now read a second time – The Minister of Justice, Legal and Parliamentary Affairs.

 

7. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 27th October, 2020-Hon Togarepi).

 

[Days elapsed: 2]

 

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 Togarepi.

 

 

 

8.         HON DR. NYASHANU  HON. MATARANYIKA

 

That this house;

 

ACKNOWLEDGING that section 19 of the Constitution of Zimbabwe provides for the Rights of Children;

 

INSPIRED by Government initiatives over the years to implement and fulfil the provisions of section 19 of the Constitution;

 

COGNISANT that the Government of Zimbabwe is a signatory to the African Charter on the Rights and Welfare of Children and the United

Nations Convention on the Rights of the Child;

 

 

MINDFUL that achievements gained following the signing of the 1989 United Nations Convention on the Rights of the Child, the 1990 African Charter on the Rights and Welfare of Children and the subsequent enactment of the 2013 Constitution of Zimbabwe are threatened with imminent reversal should the government fail to expeditiously implement the recommendations of the African Committee of Experts on the Rights of the Child;

 

NOTING that programmes relating to Children’s Rights and Welfare are being handled by different ministries without the requisite coordinated approach which is critical for the success and the enhancement of such activities;

 

 

 

CONCERNED that Children experience diverse vulnerabilities as they are prone to abuse and exposure to various forms of unfavourable socio-economic conditions throughout the country;

 

NOW THEREFORE, calls upon the Government to create a dedicated Ministry that specifically deals with all Affairs that relate to Children and to further request for the establishment of a Parliamentary Caucus that deals directly with issues affecting the Children`s Rights and Welfare from a comprehensive and holistic perspective.

 

9. COMMITTEE OF SUPPLY.

 

 

 

WEDNESDAY, 4TH NOVEMBER, 2020

 

 

v QUESTIONS FOR ORAL ANSWERS

 

*    QUESTIONS WITH NOTICE

 

 

 

 

WEDNESDAY, 11TH NOVEMBER, 2020

 

NOTICE OF PRESENTATION BILL

 

THE MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION, SCIENCE AND TECHNOLOGY DEVELOPMENT: Bill to provide for the establishment and  function of the Centre for Education, Innovation Research, and Development;  to provide for the management and regulation of education, innovation and  Research and to provide for and matters incidental to or connected with the  foregoing. Centre for Education, Innovation, Research and Development Bill  H.B. 1, 2020)

 

 

 

 

 

NOTICE OF AMENDMENTS

 

 

Cyber Security and Data Protection Bill, (H B 18, 2019)

 

 

AMENDMENT OF CLAUSE 3 (INTERPRETATION)

 

BY HON. GANDAWA

 

Clause 3 of the Bill is amended on page 4—

• in line 9 by the deletion of the “resources” and the substitution of “processes”;
• in lines 23 and 24 by the deletion of the definition for “data controller or controller” and the substitution of—

““data controller or controller”—

(a)refers to any natural person or legal person who is licensable by the Authority;

(b)includes public bodies and any other person who determines the purpose and

means of processing data;”.

 

AMENDMENT OF CLAUSE 4 (APPLICATION)

 

BY HON. GANDAWA

 

Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of “and

storage” after the word “processing”.

 

INSERTION OF NEW CLAUSES 15 AND 16

 

BY HON. GANDAWA

 

The bill is amended on page 11 in line 22 by the insertion of the following new clauses

and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

Every data controller or data processor shall ensure that personal information is—

• processed in accordance with the right to privacy of the data subject;
• processed lawfully, fairly and in a transparent manner in relation to any data subject;
• collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
• adequate, relevant, limited to what is necessary in relation to the purposes for which it is

processed;

• collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
• accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and
• kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.

 

       16  Rights of Data Subject

 

A data subject has a right to—

• be informed of the use to which their personal information is to be put;
• access their personal information in custody of data controller or data processor;
• object to the processing of all or part of their personal information; (d) correction of false or misleading personal information; and

(e) deletion of false or misleading data about them.”.

 

AMENDMENT         OF      CLAUSE        19        (SECURITY BREACH NOTIFICATION)

 

BY HON. GANDAWA

 

Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of

“without an       undue delay” and the substitution of “within twenty-four (24) hours”.

 

AMENDMENT OF CLAUSE 20 (OBLIGATION OF NOTIFICATION TO AUTHORITY)

 

BY HON. GANDAWA

 

 

Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of subclause (6) and

the substitution of the following—

“(6)   The Authority shall provide guidelines that provide for the qualifications and

functions of  a data protection officer and such data protection officer’s duties shall

include—

• ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;
• dealing with requests made to the data controller pursuant to this Act;
• working with the Authority in relation to the performance of its functions in relation to the data controller.”.

 

AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII of

Cap 9:23)

 

    BY HON. GANDAWA

 

Clause 35 of the Bill is amended—

• on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding

5 years or both such fine or such imprisonment”;

• on page 26 in lines 3-10 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium  accessible by any person, with the intent to coerce, intimidate,   harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of

another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

and the substitution of—

“(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.

 

• on page 26 in lines 34-39 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.

 

and the substitution of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

 

• on page 27 by the insertion of the following after line 22—

“164F. Recording of genitalia and buttocks beneath closing without consent

• Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
• Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;

• on page 27 in lines 25-38 by the deletion of the text headed “Child

Pornography” and the substitution of the following—

 

“165  Child sexual abuse material

(1)  In this Act—

“Child sexual abuse material” means any                      representation through publication, exhibition,                cinematography, electronic means or any other                 means whatsoever, of a child, a person made to

appear as a child or realistic material                 representing a child, engaged in real or                  simulated explicit sexual activity, or any                 representation of the sexual parts of a child for                 primarily sexual purposes.

(2)Any person who unlawfully and intentionally, through a computer or information system—

• produces child sexual abuse material;
• offers or makes available child sexual abuse material;
• distributes or transmits child sexual abuse material;
• procures or obtains child sexual abuse material for oneself or for another person;
• possesses child sexual abuse material on a computer system or a computer-data storage medium;
• knowingly obtains, accesses or procures child sexual abuse material;
• baits a child into the production or distribution of child sexual abuse material

shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

(3)  Any person of 18 years or above, who unlawfully and

intentionally,  through information and communication technologies,

proposes to meet a child who has not reached the age of consent to

sexual activity as set by the Criminal Law (Codification and Reform

Act) [Chapter 9:23] for the purpose of engaging                                                                        in sexual activity with him or her, where this proposal has been

followed by material acts leading to such a meeting, shall be guilty of                                an offence and liable to a fine not exceeding level fourteen or to

imprisonment for a period not exceeding ten years, or both such fine                                and such imprisonment.”.

 

 

12

(f) on page 31 by the insertion of the following paragraph after line 37—

“(f) against citizens or permanent residents of Zimbabwe.”