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NATIONAL ASSEMBLY VOTES 30_AUGUST_2005_NO._27

ADVANCE COPY-UNCORRECTED

No. 27

PARLIAMENT

OF ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE HOUSE

_________________

FIRST SESSION – SIXTH PARLIAMENT

_________________

TUESDAY, 30^TH AUGUST 2005 _________________

Quarter-past two o’clock p.m.

Mr Speaker in the Chair.

PRAYERS.

Members Present

N.B. Printer please insert all ticked names in column form.

Absent with leave

Chimanikire G. Matamisa E.

Muguti E.G

Printed by Order of the House

The Speaker made an announcement regarding the Liasion and Coordination Retreat that was going to be held from Friday 26^th August to Sunday 28^th August 2005 at the Carribea Bay Hotel in Kariba. He reminded members that the bus would leave Parliament Building at 800 hours and urged members to be punctual.

The Minister of Science and Technology Development moved: That Orders of the Day for today Numbers 1 – 4 be stood over until Order of the Day No. 5 has been disposed of.

Motion put and agreed to.

Adjourned debate on motion in reply to the Presidential Speech (adjourned 18^TH

August 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

[Time elapsed: 6 hours 23 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- Mr Mzembi

On the motion of The Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until Tuesday.

The Minister of Justice, Legal and Parliamentary Affairs: moved, with leave of the House: That Orders of the Day Nos 5 to 12 for today be stood over until Order of the Day No. 1 has been disposed of.

Motion put and agreed to.

COMMITTEE :Constitution of Zimbabwe Amendment (No.17) Bill (H.B.7, 2005) –The Minister of Justice, Legal and Parliamentary Affairs.

(House in Committee)

Hon Coltart moved: That Amendments standing in his name be withdrawn.

Motion put and agreed to.

Clause 1, put and agreed to.

On Clause 2,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 1 of the Bill, delete in line 20 the words‖ the proviso to‖.

On page 2 of the Bill, delete in line 5 the words ―the proviso to‖.

On page 2 of the Bill, delete in lines 21 to 22 the words ―the thirtieth day after‖.

On page 2 of the Bill, delete in line 30 ―section 18(9)‖ and substitute ―18(1) and (9)‖.

Amendment put and the House divided.

AYES – 53 : Printer insert ticked names

NOES – 29 : Printer insert crossed names

Question accordingly affirmed

Clause 3, put and House divided.

AYES – 59 : Printer insert ticked names

NOES – 31 : Printer insert crossed names

On Clause 4,

On page 3 of the Bill, delete clause 4 and substitute:

4 Amendment of section 23 of Constitution

Section 23 (―Protection from discrimination on the grounds of race, etc.‖) of the Constitution is amended-

in subsection (2) by the deletion of ―or gender‖ wherever it occurs and the substitution of ―, sex, gender, marital status or physical disability‖;

in subsection (3) –

by the repeal of paragraph (a) and the substitution of –

―(a) matters of personal law;‖;

in paragraph (d) by the deletion of ―or gender‖ and the substitution of

―sex, gender, marital status or physical disability‖;

by the insertion of the following paragraph after paragraph (f) –

―or

(g) the implementation of affirmative action programmes for the protection or advancement of persons or classes of persons who have been previously disadvantaged by unfair discrimination.

(c ) by the insertion of the following subsection after subsection (3)-

―(3a) Notwithstanding subsection (3) (b), in implementing any programme of land reform the Government shall treat men and women on an equal basis with respect to the allocation or distribution of land or any right or interest therein under that programme.‖;

(d) in subsection (5) by the deletion of ―gender‖ wherever it occurs and the substitution of ―sex or gender‖.

Amendment put and agreed to.

Clause 4 , as amended, put and agreed to.

Clause 5 and 6 put and agreed to.

On Clause 7 put and the House divided

AYES – 63 : Printer insert ticked names

NOES – 31 : Printer insert crossed names

Question accordingly affirmed.

Clause 8 and 9 put and agreed to.

Clauses 5,6,7,8 and 9 put and agreed to.

On Clause 10,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 6 of the Bill, delete in line 27 the words ―Money Bill,‖.

On page 6 of the Bill, delete in line 31 the words ―a Money Bill,‖.

Amendment put and agreed to.

Clause 10 as amended, put and agreed to.

On Clauses 11, 12, 13, 14, 15, 16, 17 and 18 put and agreed to.

On Clause 19.

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 11 of the Bill, delete in line 39 the definition of ―Money Bill,‖.

Amendment put and agreed to.

Clause 19 as amended, put and agreed to.

Clause 20, put and agreed to.

On Clause 21,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page of the Bill, delete in line 45 the words ―of the Bill‖

Amendment put and the House divided.

AYES – 68 : Printer insert ticked names

NOES – 30 : Printer insert crossed names

Question accordingly affirmed.

Clause 21, as amended, put and agreed to.

On Clauses 22

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 20 of the Bill, line 25 insert after ―AGRICULTURAL LAND GAZETTED‖ the words ―ON OR‖.

Amendment put and agreed to.

Clause 22 as amended, put and agreed to.

Clauses 23 and 24, put and agreed to.

On First schedule,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 24 of the Bill, delete in line 36 in the first column of the Schedule ―Sections 31F and 40 (1)‖ and substitute ―Sections 31F(2) and 40(1)‖.

On page 24 of the Bill, in line 37 in the second column of the Schedule insert the word ―time‖ after ―first‖.

Amendment put and agreed to.

First schedule, as amended, put and agreed to.

On Second Schedule,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On page 27 of the Bill, delete ―subparagraph (2) (b)‖ where it occurs for the first time and second times in lines 9 and 10 and substitute ―subparagraph (1) (b)‖.

Amendment put and agreed to.

Second schedule, as amended, put and agreed to.

Bill to be reported with amendments.

(House resumed)

Bill reported with amendments. Consideration – with leave, forthwith.

CONSIDERATION: Constitution of Zimbabwe Amendment (No. 17) Bill –The Minister of Justice, Legal and Parliamentary Affairs.

Amendments in Clauses 2, 4, 10, 19, 20, 22, First Schedule and Second Schedule, put and agreed to, Bill as amended, adopted.

Third Reading – Tuesday

On the motion of The Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at ten minutes past four o’clock p.m. until Tuesday 30^th August 2005 at a quarter past two o’clock in the afternoon.

J.L. NKOMO Speaker.

ORDERS OF THE DAY AND NOTICES OF MOTIONS

TUESDAY, 29^TH AUGUST 2005

COMMITTEE :Constitution of Zimbabwe Amendment (No.17) Bill (H.B.7, 2005) -The Minister of Justice, Legal and Parliamentary Affairs.

(See Notice of Amendments on the Order Paper and those printed separately on account of the large number of pages).

COMMITTEE: Consideration of an Adverse report by the Parliamentary Legal Committee on the Labour Amendment Bill (H.B. 1, 2005) – W. Ncube.

COMMITTEE: Consideration of an Adverse report by the Parliamentary Legal Committee on the Education Amendment Bill (H.B. 6, 2005) – W. Ncube.

Recomittal: - COMMITTEE: General Laws Amendment Bill (H.B.5A, 2005) - The Minister of Justice, Legal and Parliamentary Affairs.

(New Clauses inserted after Clauses 6 and 10 under consideration. See Notice of Amendments).

(See Notice of Amendments)

Adjourned debate on motion in reply to the Presidential Speech (adjourned 18^TH

August 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

[Time elapsed: 6 hours 23 minutes]

Question proposed: That a respectful address be presented to the President of Zimbabwe as follows-

May it please you, Your Excellency, the President:

BITI

MADZIMURE

That this House-

TAKING note of the G8 Agreement on Africa to increase aid and debt relief to

African countries to the year 2010 concluded at Gleneagles, Scotland in July 2005;

AWARE of the G8’s decision for further aid, debt cancellation, more investment and most importantly revisiting the issue of farm subsidies and the grossly unfair international trade laws and other neo-liberal mischief;

ACKNOWLEDGING the importance of and obligation for accountability, good governance, respect of good governance on the part of African Governments, values that African Governments themselves have committed through the African Union and the New Partnership for Africa Initiative;

DISAPPOINTED that Government continues to deny the Zimbabwean people the benefit of, inter alia debt cancellation, investment, increased aid levels that would free resources for development and social concerns, as a result of its bad governance, opaqueness and human rights records;

ANGERED by the fact that the Zimbabwe Government continues to accumulate odious debt via purchase of arms and other goods not in the national interest;

CONDEMNS and CENSORS the Government record of governance and violating human rights;

DEMANDS full disclosure from the Minister of Finance of the extent of Zimbabwe’s domestic and external debt;

OBLIGES Government to clean up its act and to comply with its commitments to the UN, the AU and to NEPAD;

APPEALS to the African Union and SADC to be firm on the principles of peer review and not to condone gross abuses on citizens by erratic, errand African sister States.

MR CHIHOTA
MR. MUGABE

That this House-

RECALLING that since the defeat of his party, the Movement for Democratic Change (MDC), in the 2000 general elections, Mr Morgan Tsvangirai embarked upon an anti-government and anti-Zimbabwe campaign amongst western countries;

NOTING that Mr Tsvangirai has persistently advocated and campaigned for sanctions against Zimbabwe;

ALSO RECALLING that Mr Tsvangirai has called for a violent removal of the ZANU (PF) Government through orchestrated but failed mass action, mass stayaways and the so-called final push;

AWARE that the British Prime Minister, Mr Tony Blair, has unequivocally stated in the House of Commons that he is working with Mr Tsvangirai’s MDC party and other unnamed groups in the SADC region for a regime change in Zimbabwe;

OBSERVING that Mr Tsvangirai and the entire MDC leadership has traversed the entire continent, Europe and North America to campaign for the extension and intensification of sanctions against Zimbabwe;

NOW THEREFORE:

CONDEMNS in the strongest terms the persistent unpatriotic behaviour bordering on treason by Mr Tsvangirai manifested in his recent appeal to, and threats against, South African companies investing in Zimbabwe and the cutting off of electricity and communication links between Zimbabwe and South Africa in order to bring about economic collapse and regime change.

EQUALLY CONDEMNS the like-minded Zimbabwe Congress of Trade Union’s (ZCTU) support for an international ban on asbestos;

CALLS UPON all patriotic Zimbabweans to rally behind the Government and the Reserve Bank of Zimbabwe economic turn-around programme and consolidation of the land reform programme.

Adjourned debate on motion on unequal development patterns between constituencies (adjourned 28^TH July 2005 - The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 1]

Question proposed: That this House-

NOTING the uneven and unequal development patterns between constituencies;

DISTURBED at the lack of decisive capital allocations to the 120 Parliamentary constituencies;

AWARE of the limited capacity of constituencies and their Members of Parliament to source development and capital funds;

CALLS UPON Government to ensure that starting with the 2006 National Budget, resources are evenly and equitably allocated to each constituency for development and capital projects;

OBLIGES Government to create conducive conditions to mobilize domestic and international resources in support of constituency development;

CALLS UPON Government to consult and involve Members of Parliament and the Constituency Development Committees in constituency project prioritisation – Mr Mushoriwa

9. Adjourned debate on Motion on the Report of the fact-finding mission to Zimbabwe to assess the scope and impact of operation Murambatsvina by the United Nations (UN) Special Envoy on Human Settlements. (adjourned 28^th July – The Minister of Justice, Legal and Parliamentary Affairs).

[ Days elapsed:2]

Question proposed: That this House-

NOTING the publication of the ―Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina‖ by the UN Special Envoy on Human Settlements in Zimbabwe, Mrs Anna Kajumulo Tibaijuka.

RECALLING that the Mission and its terms of reference were agreed at the highest levels between the Secretary General of the United Nations and His Excellency the President of the Republic of Zimbabwe and therefore had the blessing of the Government of the Republic of Zimbabwe.

APPRECIATING that the Report acknowledges Government’s position that it undertook Operation Murambatsvina to ―clean up the cities of illicit activities:, have cities without slums and ―secure people’s long term interests in line with the goal of the United Nation Habitat Agenda‖,

CONCERNED that, according to the Report, while purporting to target illegal dwellings and structures and to clamp down on alleged illicit activities, the Operation was carried out in an indiscriminate and unjustified manner with indifference to human suffering and with disregard to several provisions of national and international laws such that it will take several years before the affected people and society as a whole recover;

ALARMED by the Mission’s findings that the Operation has precipitated a humanitarian crisis of immense proportions affecting an estimated 700,000 people across the country who have either lost their homes or livelihood or both while indirectly affecting an estimated 2,4 million other people bringing the estimated total of those affected close to 18% of the population;

FURTHER ALARMED that, according to the Mission’s findings, evidence suggests that the Operation was based on improper advice by a few architects of the Operation;

URGES Government to focus on implementing the progressive recommendations of the Mission and to work with the international community through the United Nations to specifically address the plight of 18% of Zimbabwe’s population affected by the Operation as matter of urgency;

CALLS on government to immediately setup an independent commission of inquiry in terms of the laws of Zimbabwe to identify those whose properties or livelihood were destroyed and to determine who orchestrated the humanitarian crisis in order to hold accountable those responsible and to enable the prosecution of those who caused criminal negligence leading to deaths during the Operation;

FURTHER CALLS on Government to immediately compensate those whose properties or livelihood were unlawfully destroyed during the Operation- Prof Moyo

Amendment proposed by Mr Butau

To delete all the words after “House” and to substitute the following:

“NOTING that our cities, towns and other places were characterized by rampant crime, general disorder, moral decay and a serious threat to public health; APPRECIATING that Government undertook Operation Murambatsvina to clean up the cities of illicit activities; rid the cities of slums and secure people’s long-term interest in line with the goal of the United Nations Habitat Agenda;

NOTING that the Report of the UN Secretary General’s special envoy, Mrs Anna Kajumulo Tibaijuka’s Fact-finding Mission to assess the scope and impact of

―Operation Murambatsvina‖ lacks a balanced reflection of the reality on the ground;

RECALLING that the British Prime Minister, Mr Tony Blair, who is obsessed with regime change and demonization of the President, Cde R.G. Mugabe and Zimbabwe, in keeping with his character, made a prophetic prediction that Mrs Tibaijuka would produce a ―good report‖;

WELCOMING the UN Secretary General, Mr Kofi Annan’s acceptance of His

Excellency, the President, Cde R.G. Mugabe’s invitation to visit Zimbabwe and see for himself the situation on the ground;

NOW THEREFORE:

APPLAUDS Government for its openness and transparency in accepting the visit of the UN Secretary General’s special envoy, Mrs Tibaijuka’s Factfinding Mission and for cooperating with the Mission;

WELCOMES the UN Secretary General, Mr Kofi Annan for refusal to be dictated to by the Chair of the Security Council, Greece, obviously working with Zimbabwe’s known enemies;

CONGRATULATES the People’s Republic of China and the United Republic of Tanzania for their principled and resolute stand against attempts to place the matter before the Security Council;

CALLS UPON progressive nations to reject the continued habitual application by certain western countries of double standards against Zimbabwe for asserting its sovereignty and righting colonial imbalances and to condemn them for their silence on, and acquiescence to, similar events elsewhere and flagrant violations of the UN Charter and resolutions – Mr Butau

Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 26^TH July 2005 - The Minister of Justice, Legal and Parliamentary Affairs)

[Days elapsed: 6]

Question proposed: That this House-

TAKING NOTE of the massive food, drugs, foreign currency and energy shortages;

CONCERNED with the continued unabated collapse of the public amenities in health, transport and education;

DISMAYED at the lack of any concrete, meaningful and decisive reversal programme by government;

DISTURBED by the shrinking economy and failing state particularly in areas of service provision;

RESOLVES that the government immediately addresses the critical shortages of shortages of food energy and public sector amenities;

CONDEMNS the absence of existing comprehensive monetary and fiscal reversal strategy;

FURTHER CONDEMNS the clear lack of strategy and leadership on the part of this

Government – Mr Biti

SECOND READING: Attorney-General’s Office Bill (H.B. 4, 2005)-The Minister of Justice, Legal and Parliamentary Affairs.

COMMITTEE OF SUPPLY.

WEDNESDAY, 31^ST AUGUST 2005

QUESTIONS FOR ORAL ANSWERS

 QUESTIONS WITHOUT NOTICE

* QUESTIONS WITH NOTICE

MR GONESE : To ask the Minister of Justice Legal and Parliamentary Affairs to explain:

what the government policy is regarding the recruitment and remuneration of consultants by the Government of Zimbabwe.

the procedures used in appointing Ms Sithembiso Nyoni as a consultant.

whether she is entitled to a ministerial salary, Mercedes Benz and other pecks associated with the position of government minister.