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NATIONAL ASSEMBLY VOTES 29_FEBRUARY_2012_NO._24

 

ADVANCE COPY- UNCORRECTED

No. 24

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________                              

 

FOURTH  SESSION – SEVENTH PARLIAMENT

 

_________________

 

WEDNESDAY 29TH FEBRUARY 2012

_________________

 

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

 

PRAYERS

 

                             Members                                                                                      Present

 

Beremauro G, Biti L.T Chaderopa F Chambati T.S Chamisa N Chebundo B, Chikwinya S, Chimbetete W.M Chimhini D.A, Chininga E.T.C, Chinomona M.M		Kapesa R Katsande A Kay J.I.H Khumalo N.M, Mabhena G Machacha         C Madubeko J Madzimure W Madzore P Mafios I.D Mahlangu T Mahoka S Majome F.J Makamure        R Makone T.M Makuyana M Mangami          D Mangena J Mangoma E.S 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 Mazikana P.H Mhandu C Mhashu F.G	Mhlanga A Mkhosi E.T.M Mlambo M Moyo E Moyo R Moyo S Mpukuta       L Muchauraya P   Mudarikwa S Mudau M Mudavanhu E Mudzuri H Muguti C Munengami Mungofa P.T Munjeyi Mushonga S.L Musumbu E	F G
Chinyadza W, Chirongwe R, Chirume O Chitando J Chivamba K, Cross E.G Denga P Dongo G.Z Dube M Dumbu F, Dzingirai I Dzirutwe G Gabbuza J, G Garadhi S Gonese I.T Goto R Gumbo J.M. Gwiyo Haritatos Hlongwane M Hove S.R Jembere E Jiri M Kachepa	C.C N
			Musundire A.L Mutambara AG Mutomba W Mutsekwa G.T Mutseyami C.P Muza I Mwonzora D.T Mzembi W Navaya E Ncube S Ndava R Ndebele G Ndhlovu A Nemadziva N Nezi W Ngwenya B Nyakudanga O Nyamudeza S Nyaude B
Kagurabadza M.T Kanzama F

Pasihomusha-                                                Shoko M                    Zinyemba M

Matiza B.J   Sibanda D.S Ziyambi W.Z Rutsvara R  Sibanda F.M Zwizwai M.

Sai S                                                               Sibanda P.N

Samkange N.T.C                                           Sindi C

Sansole T.W                                                  Sululu A

Saruwaka T.J.L                                             Tachiona M

Shirichena E                                                  Zhanda T.P

Shoko H                                                          Zhuwao P

Printed by Order of the House

                                   Apologies

 

                             Hon. Chitima, Hon. Chanetsa, Hon. Huruba, Hon Mbwembwe, Hon.

Nyamupinga, Hon. Nyanhongo, Hon. Khumalo M, Hon. Khumalo  S.S.,  Hon

Karenyi

 

1. The Speaker made an announcement informing the House that the Prime Minister      was unavailable and the Prime Minister's question time would be replaced  by  questions without notice.

 

2. THE SPEAKER: Pursuant to the Chair’s ruling on 4th August 2011, that there        exists a prima facie case of contempt of Parliament on the matter involving       Gwaradzimba and the subsequent appointment of the Committee on          Privileges on 24 November 2011, the Committee on Standing Rules and            Orders has appointed Hon. J. M. Gumbo to replace Hon. Mnangagwa.

 

3. Questions without Notice

 

4. Questions with Notice

 

5. Matimba presented a Bill to amend the Urban Councils Act [Chapter       29:15] by reducing the powers of central government over municipal and          town councils – Urban Councils Amendment Bill (H.B. 5, 2011)

 

     Bill read for the first time.  Referred to the Parliamentary Legal Committee

 

6. The Deputy Prime Minister Hon Prof. Mutambara moved: That Notices of        Motions Nos. 1 to 3, for today, stand over until Order No. 14 has been    disposed of.

 

Motion put and agreed to.

 

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

 

[Day elapsed:1]

 

Question again 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

 

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

 

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

[Days elapsed:  5]

 

            Question again  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

 

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

 

9. 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 again 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.

 

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

 

10. 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 again 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.

 

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

 

11. 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 again 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

 

Motion put and agreed to.

 

 

12. On the motion of the Deputy Prime Minister Hon. Prof Mutambara: The House adjourned at twenty minutes past  four  o'clock  p.m. until Tuesday 13^th  March 2012 at a quarter past tow o'clock p.m.

 

L.N.M. MOYO

Speaker.

 

TUESDAY 13TH MARCH 2012

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1. 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 Provision of Standing Order No. 131(1)

 

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

 

3. 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

 

 

4. 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.

 

5.  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;

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

 

6. 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.

 

7. Adjourned debate on motion on the civil service audit. (Adjourned 29^th           February – The Deputy Prime Minister Hon Prof. Mutambara).

 

[Day elapsed:2]   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:

 

• Government presents and tables the payroll Audit that has been conducted.

1. 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

 

8. Adjourned debate on motion on the death of the Minister of Public Service Prof. Mukonoweshuro  (Adjourned  29th February  – The Deputy Prime Minister Hon. Prof. Mutambara).

[Days elapsed:  6]

 

            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

 

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

Parliament Permanent Committee on Trade, Customs and Immigration matters  (Adjourned  29th  February  – (The Deputy Prime Minister Hon Prof.

Mutambara).

[Days elapsed:  5]

 

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.

 

10. Adjourned debate on motion on the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010 (Adjourned 29th  February – The Deputy Prime Minister Hon Prof. Mutambara).

 

[Days elapsed:  4]

 

            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.

 

11. 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

 

 

12. 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.

 

13. COMMITTEE OF SUPPLY.

 

 

WEDNESDAY,  14TH MARCH 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. 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. 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:

 

1. Tabeth Kanengoni from Mashonaland Central
2. Jesca Chidza from Manicaland, and

• Lazma Humbe from Manicaland

 

[Deferred from, Wednesday 5th October 2011]

 

*7.    HON. MUSHONGA: To ask the Minister of Foreign Affairs to inform 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
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]

 

*8.        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      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]

*9.        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]

 

*10.     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]

 

*11.    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]

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE.

 

Urban Councils Amendment Bill (H.B. 5, 2011) – Hon. Matimba (Referred 29th   February 2012)