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NATIONAL ASSEMBLY VOTES 28_FEBRUARY_2012_NO._23

 

ADVANCE COPY- UNCORRECTED

No. 23

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________                              

 

FOURTH  SESSION – SEVENTH PARLIAMENT

 

_________________

 

TUESDAY 28TH FEBRUARY 2012

_________________

 

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

 

PRAYERS

 

                              Members                                                                                      Present

 

Baloyi A, Beremauro G, Bhasikiti K, Biti L.T Chaderopa F Chambati T.S Chamisa N Chebundo B, Chikava B, Chikwinya S, Chimanikire G, Chimbetete W.M Chimhini D.A, Chininga E.T.C, Chiota P.C Chirongwe R, Chirume O Chitando J Chitima A, Chivamba K, Chombo I.M.C		Hove S.R Jembere E Jiri M Kachepa           N Kagurabadza M.T Kanzama F Kapesa R Katsande A Kay J.I.H Khumalo N.M, Langa A Mabhena G Machacha         C Madubeko J Madzimure W Madzore P Mafios I.D Mahlangu T Mahoka S Majome F.J Makamure R Makuyana       M Mandebvu N.T Mangena J Mangwana M.P Maposhere           D Maramba P.H Maramwidze E H Mare M Marima E Masaiti E Matamisa      E.E Matibe T.P Matibenga L.G	Matienga               M Matimba T Matonga                 B Matshalaga            O Matutu T Mhandu C Mhashu F.G Mhlanga A Mlambo M Mnangagwa E.D
			Mnkandlha T Moyo E Moyo J.N Moyo R Moyo S Mpukuta         L Muchauraya P Mudarikwa S Mudau M Mudavanhu E Mudiwa S Mudzuri E Mudzuri H Muguti C Munengami Mungofa P.T Munjeyi Mushonga S.L Musumbu E Musundire Musvaire W	F G A.L
Cross E.G Denga P Dongo G.Z Dube M Dube P, Dumbu F, Dzingirai I Dzirutwe G Gabbuza J, G Garadhi S Gonese I.T Goto R Gumbo J.M. Gwiyo Haritatos	C.C
			Mutambara AG Mutomba W Mutsekwa G.T Mutseyami C.P Muza I Mwonzora D.T
Hlongwane M

Navaya E                                                       Raradza E                                               Tachiona                                                               M

Ncube S                                                          Rutsvara R                   Tazviona R

Ndava R                                                         Sai S                         Tsvangirai M

Ndebele G                                                     Samkange                                               Undenge                                                               S

Ndhlovu A                                                     N.T.C                          Varandeni J

Nemadziva N                                                Sansole T.W                Zhanda T.P

Nezi W                                                           Saruwaka T.J.L              Zhuwao P

Ngwenya B                                                    Shamu W.K                  Ziteya K.S

Nhema C.D.F  Shoko H  Ziyambi W.Z Nkomo S.S Shoko M  Zwizwai M.

Nyakudanga O                                              Sibanda D.S

Nyamudeza S                                                Sibanda F.M

Nyaude B                                                       Sibanda P.N

Nyoni S.G.G                                                  Sindi C

Parirenyatwa     D.P                                      Sithole A

Pasihomusha-                                                Sululu A

Matiza B.J

Printed by Order of the House

             

         

                                    Apologies

 

           Hon. Chitima, Hon. Huruba T., Hon. Zinyemba, Hon Mbwembwe, Hon.             Nyamupinga, Hon. S.S. Khumalo,

 

 

1. Paper laid upon the Table-

 

             The Minister of Energy and Energy and Power Development

 

Zambezi River Authority 2010 Annual Report  by [Chapter 22:18]

 

2. The Speaker made an announcement regarding the appointment of Hon.

Chebundo to the chairperson's panel.

 

3. The Speaker informed the House of the death of Hon K. Ziteya the Member of

Parliament for Shamva South Constituency who died on Sunday 17 December  2011 and Hon. B. Chikava, the Member of Parliament for Mount Darwin  Constituency who died on Thursday, 12 January 2012 and invited all Honourable  Members to observe a minute of silence in respect of the late Honourable

Members. 

 

4. The Speaker also informed the House of the changes that had been made to the

Portfolio Committee membership;

 

• P. Muchauraya will serve on the Portfolio Committee on Higher      Education, Science and Technology.

 

• A. Sululu will serve on the Portfolio Committee on Media, Information          and Communication Technology.

 

• F. M. Sibanda moves from the Portfolio Committee on Public Service,

Labour and Social Welfare to the Portfolio Committee on Higher  Education,      Science and Technology.

 

• S. Mushonga moves from the Portfolio Committee on Justice, Legal      ffairs,  Constitutional and Parliamentary Affairs to the Portfolio Committee on     Foreign Affairs, Regional Integration  and International Trade.

 

• S. Chikwinya moves from the Portfolio Committee on Local

Government, Rural and Urban Development Committee to chair the Portfolio       Committee on Media, Information and Communication Technology.

 

• Matimba moves from the Portfolio            Committee on Local        Government Rural and Urban Development to the Portfolio Committee on   Justice, Legal  Affairs, Constitutional and Parliamentary Affairs.

 

 

5. The Speaker informed the House that the Liaison and Coordination Retreat will      be held at Bulawayo Rainbow Hotel from the 1st to the 4th of March 2012. He       advised Members that the Parliament Coach will leave Parliament Building at      00hrs on the 1st of March 2012.

 

6. The Speaker further informed the House that Members were invited to the Launch of the Zimbabwe Parliamentarians on HIV/AIDS Network  at Rainbow       Towers from 0800 to 1300 Hours on the 1^st of March, 2012.

 

7. The Speaker advised the House that Deven Engineering (Pvt) Ltd had invited          Hon Members to a familiarization tour of their plant in Willowvale Industrial

Site.

 

8. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 15th        December – The Minister of Water Resources Development and Management).  

 

   [Time elapsed: 3 hours 41 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 Deputy Prime Minister Hon. Prof. Mutambara: Debate adjourned until tomorrow.

 

9. The Deputy Prime Minister Hon. Prof. Mutambara moved: That Notices of Motions Nos. 3 and 4, for today, stand over until Order of the Day  No 12 has been disposed of.

 

Motion put and agreed to.

 

10. Mudiwa seconded by Hon. Mhlanga moved:  That this House:

 

       NOTING, the civil service audit carried out and  completed on the 10^th of

November 2010;

 

                FURTHER NOTING, that this report has not been formally presented to

Parliament;

 

 DISTURBED by the non implementation of this audit and the continued  suffering of the Civil Service staff;

 

            NOW,THEREFORE,  this House resolves, that:

 

1. Government presents and tables the payroll Audit that has been conducted.
2. Government provides a road map to deal with and address the unlawfully employed workers appearing on the payroll within 14 days from adoption

of this  motion.

 

On the motion of the Deputy Prime Minister Hon. Prof Mutambara: Debate adjourned until tomorrow.

 

11. On the motion of the Deputy Prime Minister Hon. Prof Mutambara: The House adjourned at six minutes to four  o'clock  p.m.

L.N.M. MOYO

Speaker.

 

 

WEDNESDAY,  29TH FEBRUARY 2012

 

QUESTIONS FOR ORAL ANSWERS

 

    ♦ PRIME MINISTER'S QUESTION TIME

    * 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. SANSOLE: To ask the Co-Ministers of Home Affairs to inform the  House:

1. whether the Ministry is aware that armed gangs from Zambia are invading the

Lower Zambezi Valley and driving out stolen herds of cattle from the

Cheziya, Makwa and Msuna areas across the Zambezi river into Zambia; and

1. if there are any plans to increase police patrols in these areas in order to curb cattle rustling.

[Deferred from, Wednesday 26th October 2011]

 

 

*3.       HON. CHIMHINI: To ask the Co-Ministers of Home Affairs to inform the                House:

1. i) whether it is government policy to allow audio visual material to be illegally reproduced and sold on the market as evidenced by a memorandum dated                    5/04/11 written by the Chief Staff Officer  Operations to all Police Officers                        Commanding Provinces:  Ref: INFOR DCC"Temporary  Measure: Protection of                      International

[Deferred from, Wednesday 23rd November 2011]

 

*4.      HON. SULULU: To ask the Co-Ministers of Home Affairs to inform the House:

1. what action has been taken by the police to arrest violent and rowdy people who disrupted the following approved public gatherings;
2. On 20th July 2011 in Kwekwe the United States Ambassador Charles Ray was humiliated and stopped from addressing a police cleared youth                        development meeting. The youths, journalists and the public were                         assaulted in full view of our police force;
3. On 23rd July, 2011 Members of Parliament, from ZANU PF and two MDC formations, journalists and the public were assaulted again in full             view of our police force during the public hearing in the Government             Caucus on the Human Rights Commission Bill; and       ii)   what measures the Ministry has  put in place to avoid such embarrassing             actions from re-occurring.

 

[Deferred from, Wednesday 26th October 2011]

 

*5.         HON. CHIMHINI :  To ask the Co-Ministers of Home Affairs to explain to the                   House:

 

1. Whether the police are acting within the law when they deliberately shatter windscreens  of  commuter omnibuses for alleged traffic offenders when there                    are other lawful ways of  arresting offending motorists;

 

1. The risk to other road users caused by the windscreen shattered by the

Police;

 

• The Ministry's Policy regarding vehicles with shattered windscreens remaining on the road and

 

1. Whether the Ministry has a policy for compensating vehicles with shattered

 

windscreens.

 

*6.   HON. MANGAMI: To ask the Minister of Education, Sport, Arts and Culture to

inform the House:

1. i)  what happened to building grants which used to be given to                  schools; and ii)if the same grants could be extended to primary schools.

 

 

Deferred from, Wednesday 26th October 2011]

 

*7.   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:

 

Tabeth Kanengoni from Mashonaland Central

Jesca Chidza from Manicaland

Lazma Humbe from Manicaland

 

[Deferred from, Wednesday 5th October 2011]

 

*8.    HON. MUSHONGA: To ask the Minister of Foreign Affairs to inform to the House :

1. Why the Zimbabwe Government is refusing to handover Protais Mpiranya who was the commander of the Rwandan Army's Presidential Guards during the Rwandan Genocide and to explain
2. the government policy on genocide perpetrators in Rwanda and Ethiopia particularly those who committed rape, sexual offences including violence and murder.

[Deferred from, Wednesday 5th October 2011]

 

 

*9.     HON. MAHLANGU: To ask the Minister of Health and Child Welfare to inform the

House:

1. what strides the Ministry has taken to ensure that Mpilo and Central Hospitals improve the state of health delivery system which of late has been a cause of concern for  Bulawayo residents and those in surrounding areas;
2. what the Ministry is doing to curb corruption which has seriously affected the state of delivery system in the two hospitals; and

• when the Ministry is going to to start building a third referral hospital for Bulawayo which it promised ten years ago since the current two hospitals Mpilo and Central are failing to cope with the increasing number of patients.

 

[Deferred from, Wednesday 5th October 2011]

 

*10.     HON. MAHLANGU: To ask the Minister of Health and Child Welfare to inform the

House:

1. what the Ministry has done so far to ensure that it achieves Millennium Development Goal 4, 5 and 6 (MDGs) which relate to reducing child mortality,     improving maternal health and combating HIV and AIDS, malaria and other     diseases by 2015;
2. the challenges the Ministry is facing in achieving these MDGs; and iii) what the Ministry is doing in to overcome these challenges and ensuring these MDGs achievable by 2015.

 

[Deferred from, Wednesday 5th October 2011]

 

 

*11.     HON. JIRI: To ask the Minister of Health and Child Welfare, to explain  why         i)  Chivhu District Hospital has no casualty department   ii) There is still a shortage of doctors.

iii ) Nharira Hospital has not been furbished and what the Ministry's plans  are           regarding refurbishment of this hospital and       iv ) Private health providers are charging exorbitant fees  for X-rays, Blood Tests                   and  refuse to accept Premier Medical Aid Services membership cards.

 

*12.     HON. D. SIBANDA: To ask the Honourable Deputy Prime Minister Khupe in her             capacity as the President of the Global Power Women Network Africa, to  to            inform the House  what key interventions  have been advocated for in order to          ensure that women and girls are protected from  HIV/AIDS infections.

 

[Deferred from, Wednesday 5th October 2011]

*13.     HON. D. SIBANDA: To ask the Hounorable Deputy Prime Minister Khupe, in her            capacity as the Goodwill Ambassador for the Campaign  on the Accelerated            Reduction of Maternal  Mortality,   to inform the House  the progress that has          been made in scrapping the user fees as part of the millennium development goals  aimed at improving maternal health so that t mortality rate is reduced by at least        75% by the year 2015.

[Deferred from, Wednesday 5th October 2011]

 

*14.     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]

 

*15.     HON. MANGAMI: To ask the Minister of Public Service to inform the House

1. i) how long one is expected to remain in an acting capacity before confirmation can be done in the Ministry of Education for example; and ii) the relevance of the RBM in view of the current demoralisation of workers  who are not rewarded for their performance.

 

                                                                                               [Deferred from, Wednesday 23rd  November  2011]

 

*16.    HON. GARADHI: To ask the Ministry of Mines and Mining Development to explain            the Ministry's plans regarding the resuscitation of Alaska smelting plant whose            closure has had a negative impact on the people's lives both socially and                          economically

 

                                                                                            [Deferred from, Wednesday 23rd November  2011]

 

*17.    HON JIRI:  To ask the Minister of Energy and Power Development to explain to the            House why service station operators are required to pay for various licenses for               example council, fire, environment and energy while their profits margin are as              small as $0.05 per litre.

 

                                                                                            [Deferred from, Wednesday 23rd  November  2011]

 

*18.     HON. CHIMHINI: To ask the Minister of Finance  to explain how ministries which                    receive budget transfers late in November or December could utilise the budget              allocation meaningfully before the expiry of the financial year without             surrendering the funds back to treasury.

 

 

                                                                                             [Deferred from,Wednesday 23rd  November 2011]

 

 

 

NOTICE OF PRESENTATION OF BILL

 

HON MATIMBA:  Bill to amend the Urban Councils Act [Chapter 29:15] by reducing the powers of central government over municipal and town councils, thereby encouraging democracy at local levels - Urban Councils Amendment Bill (H.B. 5, 2011).

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1. HON. KARENYI  HON.  KAPESA

 

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.

 

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

 

 

3. HON. I.T. GONESE

                                          HON. S. MUSHONGA

 

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.

 

4. Adjourned debate on motion on the civil service audit. (Adjourned 28^th          February – The Deputy Prime Minister Hon Prof. Mutambara).

 

[Day elapsed:1]

 

Question proposed:   That this House:

 

NOTING, the civil service audit carried out and  completed on the 10^th of

November 2010;

 

                FURTHER NOTING, that this report has not been formally presented to

Parliament;

 

 DISTURBED by the non implementation of this audit and the continued  suffering of the Civil Service staff;

 

            NOW,THEREFORE,  this House resolves, that:

 

1. i) Government presents and tables the payroll Audit that has been conducted. ii) Government provides a road map to deal with and address the unlawfully employed workers appearing on the payroll within 14 days from adoption

of this  motion - Hon Mudiwa

 

5. Adjourned debate on motion on the death of the Minister of Public Service Prof. Mukonoweshuro  (Adjourned  1st   December  – The Deputy Prime Minister Hon. Prof. Mutambara).

[Days elapsed:  5]

 

            Question proposed:  That this House:

 

SADDENED by the tragic and untimely death of the Honourable Minister of

Public Service and member of Parliament for Gutu South, Professor  Eliphas

Mukonoweshuro on the 5th of August 2011;

 

NOTING that  the loss  was felt by the whole nation, which mourned a       committed and dedicated luminary of our struggle for independence,             democracy, freedom and justice;

 

NOW THEREFORE, THIS HOUSE  Conveys its, profound condolences to            the widow of our departed leader;

 

Expresses its deep sorrow and sadness at the tragic and unexpected loss of  life;

 

Takes this opportunity to celebrate the life of a man who rendered  sterling        services to the nation both before and after independence. -  Hon. Dumbu

 

6. Adjourned debate on motion on the workshop report of the Pan African

Parliament Permanent Committee on Trade, Customs and Immigration matters  (Adjourned  1st   December – (The Deputy Prime Minister Hon Prof.

Mutambara).

[Days elapsed:  4]

 

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.

 

7. Adjourned debate on motion on the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010 (Adjourned 1st   December – The Deputy Prime Minister Hon Prof. Mutambara).

 

[Days elapsed:  3]

 

            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.

 

8. Adjourned debate on motion on the unconstitutional statements made by some Service Chiefs. (Adjourned 1st   December – The Deputy Prime Minister Hon

Prof. Mutambara)                          

 

 [Days elapsed: 2]

 

Question proposed: That this House  taking note of the provisions of the

Constitution, the Defence Act; Chapter 11.02, the Police Act Chapter 11.10, Prison Act Chapter 7.11 and the Public Service Act Chapter 11.04 which all demand neutrality of the military, police and prison officers and the Central Intelligence Organization (CIO) as well as ordinary civil servants

 

          NOTING FURTHER THE provisions of Article XIII of the GPA  which

requires neutrality and de-politicization of state organs and  state institutions.

 

            CONCERNED  by recent statements by some Service Chiefs

            NOW, THEREFORE, this House

 

1. Condemns the unconstitutional and treasonous statements that bring into disrepute the professional institutions of the Army and the Police.

 

1. Requests the relevant institutions to reaffirm their loyalty to the constitution and the laws of Zimbabwe and

 

1. Directs relevant authorities to carry out investigations into the said utterances and the unconstitutional statements and make such findings public. -                   Chikwinya

 

9.  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 25^th 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

 

 

10. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Rural and Urban Development (Adjourned 26^th 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.

 

11. THE ACTING MINISTER OF JUSTICE AND LEGAL AFFAIRS: That the Human Rights  Commission Bill [H.B. 2 2011] and the Electoral Amendment Bill [H.B. 3 2011]  which were superseded by the prorogation of the Third Session of the Seventh  Parliament be restored on the Order Paper  at the stages which the Bills had  reached in terms of the Standing Order No. 131(1)

 

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

 

13. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 28^th    February – The Deputy Prime Minister Hon Prof. Mutambara)             

 

   [Time elapsed: 3 hours 41 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

 

 

14. COMMITTEE OF SUPPLY.