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NATIONAL ASSEMBLY VOTES 28_MARCH_2012_NO._32
ADVANCE COPY- UNCORRECTED
No. 32
PARLIAMENT
OF
ZIMBABWE
_________________
VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY
_________________
FOURTH SESSION – SEVENTH PARLIAMENT
_________________
WEDNESDAY 28TH MARCH 2012
_________________
Quarter past two o'clock p.m. The Speaker in the Chair
PRAYERS
Members Present
Baloyi A, Machacha C Mukanduri S.T
Beremauro G, Madzimure W Mushonga S.L
Bhasikiti K, Madzore P Musumbu E
Chaderopa F Mafios I.D Musundire A.L
Chambati T.S Mahlangu T Mutambara AG
Chamisa N Mahoka S Mutasa D.N.E
Chibaya A. Majome F.J Mutinhiri A
Chidakwa B, Mandebvu N.T Mutomba W
Chimanikire G, Mangena J Mutsekwa G.T
Chimbetete W.M Maramwidze E Mutseyami C.P
Chimhini D.A, H Mwonzora D.T
Chinomona M.M Masaiti E Ndava R
Chinyadza W, Matibe T.P Ndebele G
Chiota P.C Matibenga L.G Ndhlovu A
Chirongwe R, Matienga M Nezi W
Chirume O Matimba T Nkomo S.S
Chitando J Matinenga E.T Nyakudanga O
Chitima A, Matshalaga O Nyamudeza S
Dokora L.D.K Matutu T Nyamupinga B.B
Dongo G.Z Mazikana P.H Pasihomusha-
Dumbu F, Mbwembwe E Matiza B.J
Dzirutwe G Mhandu C Rutsvara R
Gabbuza J, G Mhashu F.G Samkange N.T.C
Garadhi S Mhlanga A Sansole T.W
Gonese I.T Mkhosi E.T.M Saruwaka T.J.L
Goto R Mnangagwa E.D Shoko M
Gwiyo C.C Moyo E Sibanda D.S
Hove S.R Moyo G Sibanda F.M
Jembere E Moyo R Sithole A
Jiri M Moyo S Tazviona R
Kachepa N Mpukuta L Tsvangirai M
Kanzama F Muchauray Undenge S
Kapesa R a P Varandeni J
Karenyi L , Mudarikwa S Zhanda T.P
Khumalo S.S, Mudau M Zhuwao P
Khupe T Mudavanhu E Ziyambi W.Z
Mabhena G Mudzuri H Zwizwai M.
Printed by Order of the House
Apologies
Hon. Chindori-Chininga, Hon. Chebundo, Hon Chombo, Hon Chidakwa,Hon.
Huruba, Hon. N.M. Khumalo 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.
- The Speaker drew the attention of the House to an error on the Order Paper where the Prime Minister's Question time should have appeared in place of Questions Without Notice.
- The Speaker made an announcement regarding the suspension of all Committee Business with effect from Thursday 29th march 2012 until Monday 7th May 2012.
- Prime Minister's Question time.
- Questions with Notice.
- Nezi seconded by Hon. Mazikana moved:
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)
On the motion of the Minister of National Housing and Social Amenities: Debate adjourned until Tuesday 15th May 2012.
- The Minister of National Housing and Social Amenities, moved that Notices of motions, Nos. 2 to 6 and Orders of the Day, Nos. 7 to 12, for today, stand over, until Order of the day No. 13 has been disposed of.
Motion put and agreed to.
- 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 (S.C.8, 2012) (Adjourned 15th March – Hon Sibanda D.)
[Day elapsed: 1]
Question again 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
On the motion of the Minister of National Housing and Social Amenities: Debate adjourned until Tuesday 15th May 2012.
- The Minister of National Housing and Social Amenities, moved that Notices of motions, Nos. 2 to 6 and Orders of the Day, Nos. 7 to 9, for today, stand over, until Order of the day No. 10 has been disposed of.
Motion put and agreed to.
- 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 again 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.
On the motion of the Minister of Education, Sports Arts and Culture: Debate adjourned until Tuesday 15th May 2012.
- On the motion of theMinister of Education, Sport Arts and Culture: The House adjourned at fourteen minutes to seven o' clock m. until Tuesday 15th May
2012
at a quarter past two o' clock in the afternoon.
L.N.M.MOYO
Speaker.
___________________________________________________________________
TUESDAY 15TH MAY 2012
ORDERS OF THE DAY AND NOTICES OF MOTIONS
- COMMITTEE :Zimbabwe Human Rights Commission Bill (H.B. 2, 2011)- The Minister of Justice and Legal Affairs
(See Notice of Amendments)
- SECOND READING : National Incomes and Pricing Commission Bill (H.B. 10, 2010) - The Minister of Industry and Commerce.
- COMMITTEE: Consideration of an Adverse Report by the Parliamentary Legal Committee on the Electoral Amendment Bill (H.B. 3, 2011) - The Minister of Justice and Legal Affairs.
- 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
- Adjourned debate on motion of the First Report of the Portfolio Committee on
Natural Resources, Environment and Tourism on Conservancies and Forestry
Plantations (S.C. 11, 2012) – (Adjourned 28th March – The Minister of
National Housing and Social Amenities)
[Day elapsed: 1]
Question proposed: 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) – Hon Nezi
6. 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)
7. 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)
8. 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.
9. 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)
- 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;
- i) put the current fleet to pasture; and ii) privatize Air Zimbabwe;
- 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
- 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.
- 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
- 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 28th March – The Minister of Education, Sport Arts and Culture)
[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.
- 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.
- 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
- 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 28th March – the Minister of National
Housing and Social Amenities)
[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
- SECOND READING : Urban Councils Amendment Bill (H.B. 5, 2011) - Matimba
- 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.
- 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.
- 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
- 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.
- COMMITTEE OF SUPPLY.
WEDNESDAY, 16TH MAY 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;
- 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;
- 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
- 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:
- Tabeth Kanengoni from Mashonaland Central
- Jesca Chidza from Manicaland, and iii) 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.
[Deferred from, Wednesday 28th March 2012] |
| *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.
[Deferred from, Wednesday 28th March 2012] |
| *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.
[Deferred from, Wednesday 28th March 2012]
*9. HON JIRI: To ask the Minister of Local Government Rural and Urban
Development to explain why
- Chikomba Rural Ditrict Council is allowed to run its affairs unprofessionally and without control.
- The Council does not entertain submissions made by rate payers during the time of budget consultation
- The Council allows people to operate garages along streets e.g near Total garage in Chivhu.
- Vendors are allowed to sale sadza at unhealthy places and the market opposite Vics Tarven.
- The budget does not reflect the Essar Mine's contribution to the community.
[Deferred from, Wednesday 28th March 2012]
*10. HON MUSHONGA: To ask the Ministry of Mines and Mining Development to:
- 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.
- 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
[Deferred from, Wednesday 28th March 2012]
| *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.
[Deferred from, Wednesday 28th March 2012]
*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; ii) State the measures the Ministry is taking to stop the leakages.
[Deferred from, Wednesday 28th March 2012] |
| *13.
|
HON JIRI: To ask the Minister of Energy to explain why: |
| i) The ZESA cable from Sherwood to Chivhu has serious breakdowns on a | |
|
|
monthly basis. |
| ii) Chivhu had less problems when it was connected to the ZESA cable from | |
|
|
Gweru and, |
| iii) 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 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.
[Deferred from, Wednesday 28th March 2012] |
| *15. | 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. |
[Deferred from, Wednesday 28th March 2012]
| *16. | 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. [Deferred from, Wednesday 28th March 2012]
|
| *17. | HON CHIMBETETE: To ask the Minister of Finance 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. |
|
|
[Transferred, Wednesday 28th March 2012] |
| *18. | 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.
[Deferred from, Wednesday 28th March 2012]
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.
- 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 Chairperson