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NATIONAL ASSEMBLY VOTES 29 OCTOBER 2020 NO 4
ADVANCE COPY- UNCORRECTED
No.4
PARLIAMENT
OF
ZIMBABWE
_________________
VOTES AND PROCEEDINGS OF THE NATIONAL ASSEMBLY
_________________
THIRD SESSION – NINTH PARLIAMENT
_________________
THURSDAY, 29TH OCTOBER, 2020
_________________
Quarter past two o’clock p.m.
| The Speaker in the Chair
PRAYERS
Members Present
|
||
| Banda G;
Banda S, Bhila R, Biti L. T., Bushu B., Bvute O., Chanda G. , Chibagu G., Chidakwa J., Chidamba S., Chihururu C., Chikudo Rueben, |
Chikukwa M. R,
Chikuni E., Chikwama B., Chikwinya S., Chimbaira G., Chimina L., Chingosho C. P. Chinotimba J., Chinyanganya M., Chitura L, Chiyangwa P, Chombo M, |
Dinar K,
Dube B, Dutiro P, Dzepasi G, Dzuma S., Gabbuza J. G., Gandawa M. A, Gonese I T, Gozho C, Gwanongodza E., Houghton J. R, Jaja J., |
| January S.
Kabozo S., Kachepa N., Kankuni W, Kapuya F., Karikoga T., Kashambe M. T., Khumalo M., Khumalo S. S., Khupe T. Kwaramba G., Labode M. R. Maboyi R M., Machando P., Machingauta C. Madhuku J, Madiwa C., Madzimure W., Madziva S., Mafuta S. V., Mago N, Mahlangu S, Makone S. Makoni R R, Makonya J, Mangora B., Maphosa L., Markham A. N., Maronge C., Masango C. P., Masenda N. T, Mashakada T. Masiya D., Mataranyika D. M., Mataruse P., Mavetera T. A., Mavhunga M, |
Mawite D.,
Mayihlome L, Mbondah M, Mchenje S. M., Mguni Hlalani Mguni S K, Mhona F T, Mkandla M., Mkaratigwa E., Mlambo M. M., Mnangagwa T. M., Moyo C., Moyo Peter, Moyo Priscilla, Moyo R., Moyo T., Mpariwa P, Mpofu A., Mpofu M. M., Muchimwe P T, Mudarikwa S, Mugweni C. T., Mukuhlani T., Mukunyaidze S. E. I., Munochinzwa M. Muponora N., Murambiwa O, Murire J, Rtd. Col. Dr Musakwa E, Musanhi K. S, Musarurwa W.Y. Mushonga P. M., Mushoriwa E., Musikavanhu D. A., |
Musiyiwa R.,
Mutambisi C, Mutodi E., Ncube E., Ncube Ophar, Ncube Owen, Ndebele A., Ndiweni D., Ndlovu S., Nduna D. T., Nguluvhe A., Ngwenya S., Nhari V, Nkani A., Nkomo M, 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., Saizi T. Samambwa E., Samson A., Samukange J. T., Sanyatwe C., Saruwaka T. J. L., Seremwe B., Sewera J N, |
Shamu W. K., Sithole G K, Tsuura N.,
Shava J., Sithole Josiah, Tsvangirai Vincent
Shirichena E., Sithole S, Tungamirai T.,
Shongedza E., Tekeshe D., Watson N J,
Shumbamhini H., Toffa J., Zemura L,
Sibanda L. Togarepi P., Zhemu S,
Sibanda O., Tongofa M., Zhou P,
Sikhala J., Tshuma D., Zhou T,
Singo L, Tsunga R,
Printed by Order of the House
Absent with leave
Hon. Biti T. Hon. Kambamura P.; Hon. Chitando W.; Hon. Haritatos V.P.
- The Speaker advised the newly sworn Members of Parliament to register their assets in terms of Section 8 of the Code of Conduct and Ethics for Members of Parliament as read with Standing Order No. 50 of the Standing Rules and Orders of the National Assembly. Standing Order 50 states that it is a statutory requirement that every member registers his or her proprietary interest within sixty (60) days of the date of opening a new Parliament and where a Member is appointed after the opening of Parliament, the disclosure is to be done within sixty (60) days after his or her appointment as a Member.
- The Speaker also reminded Hon. Members who had previously declared their assets and had since acquired new properties to update the Declaration Register at the Counsel to Parliament’s Office.
- The Speaker further informed the House that the MDC-T Party had nominated the following Honourable Members as Portfolio Committee Chairpersons:
Hon Moyo Peter – Portfolio Committee on Information and Communication Technology.
Hon Musarurwa Yvonne – Portfolio Committee on Environment and Tourism.
Hon Maphosa Lindiwe – Portfolio Committee on Higher Education, Science and Technology Development.
Hon Mokone Sipho – Portfolio Committee on Media, Information and Broadcasting Services.
- Hon Togarepi seconded by Hon Mpariwa moved: That Notices of Motions Nos. 1 to 3 and Orders of the Day Nos. 4 and 5, for today, stand over, until Order of the Day No.7, has been disposed of.
Motion put and agreed to.
- Adjourned debate on motion in reply to the Presidential Speech (Adjourned 27th October, 2020 - Hon Togarepi).
[Days elapsed: 2]
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 Togarepi.
On the motion of Hon Togarepi seconded by Hon Tekeshe: Debate adjourned until Tuesday, 3rd November, 2020.
- On the motion of Hon Togarepi seconded by Hon Tekeshe: The House adjourned seventeen minutes to six o`clock pm until Tuesday, 3rd November, 2020 at a quarter past two o’clock pm in the afternoon.
HON. ADV. J. F. MUDENDA Speaker.
TUESDAY, 3RD NOVEMBER, 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.
- 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: 9]
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.
- 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)
- 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: 17]
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.
- Adjourned debate on motion in reply to the Presidential Speech (Adjourned 29th October, 2020 - Hon Togarepi).
[Days elapsed: 3]
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.
- HON CHINGOSHO
HON O SIBANDA
That this House:
MINDFUL that the District Development Fund provides services to a wide range of clientele which includes among others NonGovernmental Organisations and Private individuals all over Zimbabwe;
ALSO MINDFUL that DDF is mandated to facilitate rapid and equitable sustainable rural development and assisting in ensuring adequate food security;
DISTURBED that DDF has been incapacitated in fulfilling its mandate due to dwindling financial resources, obsolete equipment and dilapidated infrastructure;
CONCERNED that the lack of resources at DDF further disadvantages vulnerable communities in terms of development, maintenance of infrastructure, water supplies, tillage services, equipment for hire during rehabilitation and construction of roads thereby impacting negatively on service delivery.
NOW THEREFORE calls upon the Executive to:
- Recapitalize all sections of the District Development Fund so that the department fulfills its mandate and enhance service delivery to its clientele.
- That adequate funds be availed for the sustenance of DDF operations countywide by year end.
- 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.”.
(f) on page 31 by the insertion of the following paragraph after line 37—
“(f) against citizens or permanent residents of Zimbabwe.”