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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, 30TH  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

 

  1. The Speaker made an announcement regarding the Liasion and Coordination Retreat that was going to be held from Friday 26th August to Sunday 28th 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.

 

  1. 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.

 

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

August 2005The 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.

 

  1. 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.

 

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Hon Coltart moved: That Amendments standing in his name be withdrawn.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

 

  1. 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

 

  1. 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 30th 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, 29TH AUGUST 2005

 

  1. 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).

 

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

 

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

 

  1. 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)

 

 

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

August 2005The 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:

 

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

 

 

  1. 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.

 

 

  1. MR CHIHOTA
  2.    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.

  1. Adjourned debate on motion on unequal development patterns between constituencies (adjourned 28TH 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 

        

  1. 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 28th 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  

             

  1. Adjourned debate on motion on the shortage of food, drugs, foreign currency and energy (adjourned 26TH 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

 

 

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

 

  1. COMMITTEE OF SUPPLY.

 

 

WEDNESDAY, 31ST AUGUST 2005 

 

QUESTIONS FOR ORAL ANSWERS

 

QUESTIONS WITHOUT NOTICE

* QUESTIONS WITH NOTICE

 

 

 

  1. 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.

 

(Deferred from Wednesday, 24th August 2005)

 

  1. MR MUTSEKWA: To ask the Minister of Defence to explain:

 

  • why a detachment of fifty (50) soldiers under the command of Lt Colonel Richard Sauter is providing close security for the DRC President, Joseph Kabila;

 

  • how payment of such services is being effected and the terms of this agreement; and

 

  • how long soldiers have been performing these duties and, whether they are being paid in their personal capacities.

 

(Deferred from Wednesday, 24th August 2005)

 

  1. MR CHEBUNDO: To ask the Minister of Health and Child Welfare: To appraise the House on progress made  in implementing/ domesticating the SADC Protocol on the health during the fifth protocol especially with respect to the following key areas:

 

  • expanded response to HIV and Aids;

 

  • childhood and adolescent Health Services that includes reproductive health and;

 

  • enhancement of all inclusive / community participation in Primary Health Care.

 

(Deferred from Wednesday, 24th August 2005)

 

  1. MR CHEBUNDO: To ask the Minister of Health and Child Welfare to explain:

 

  • whether the Radiotherapy treatment facilities and the Renal Unit (dialysis equipment), which were almost non-functional throughout the country last year, have been repaired.

 

  • How the facilities copying with the large volumes of Kidney and Cancer patients?

 

(Deferred from Wednesday, 24th August 2005)

 

  1. MR CHEBUNDO: To ask the Minister of Health and Child Welfare to:

 

  • explain whether the $4bn allocated for ―special medical requirements‖ in the 2005 Budget is being used to benefit Zimbabweans who seek special medical requirements outside Zimbabwe.
  • state the number of beneficiaries, the criteria used to select the beneficiaries and the categories of society those who benefited fall under.

(Deferred from Wednesday, 24th August 2005)

 

 

 

  1. MR MUSA: To ask the Minister of Transport and Communications to explain why the road shoulders on the Harare- Nyamapanda road and sections along the  26km peg on the same road have neither been  surfaced nor gravelled, and indicate when this can be undertaken;

(Deferred from Wednesday, 24th August 2005)

 

 

  1. MR MUSA: To ask the Minister of Transport and Communications to provide  statistics of road construction and surfacing programmes currently underway throughout the

whole country and to indicate  when they were started and when they are likely to be completed;

(Deferred from Wednesday, 24th August 2005)

 

  1. MR MUSA : To ask the Minister of State for National Security, Lands, Land Reform and Resettlement to explain why Priscilla Bere has not withdrawn from sub-division one of Hippo Valley settlement farm in Chiredzi District of Masvingo when this farm was allocated to Aaron Macheke  and assure as the House as to when Priscilla Bere is to be moved out from there and pave way for the rightful owner Mr Aaron Macheke.

(Deferred from Wednesday, 24th August 2005)

 

  1. MR MUSA : To ask the Minister of Agriculture to explain:

 

  • whether he has completed the irrigation plans that he once mentioned in the media.

 

  • the details of the estimated crop yields indicating figures for domestic consumption  and those for the export market for the coming farming season..

 

  • foreign currency expected from these exports.

 

(Deferred from Wednesday, 24th August 2005)

 

 

 

 

NOTICE OF AMENDMENTS

 

Constitution of Zimbabwe Amendment (No. 17) Bill, 2005 (H.B. 7, 2005)

 

AMENDMENT OF CLAUSE 2

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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 ―section 18 (1) and (9)‖.

 

SUBSTITUTION OF CLAUSE 4

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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.‖;

 

  • 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.‖;

 

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

 

AMENDMENT OF CLAUSE 10

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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 OF CLAUSE 19

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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

 

AMENDMENT OF CLAUSE 22

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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

 

AMENDMENT OF FIRST SCHEDULE

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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 OF SECOND SCHEDULE

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

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)‖.

 

 

NOTICE OF AMENDMENT

 

GENERAL LAWS AMENDMENT BILL (H. B. 5, 2005)

NEW CLAUSE INSERTED AFTER CLAUSE 6

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

Between lines 7 and 8 on page 3 of the Bill, to insert the following new clause, the existing clause 7 (―Amendment of Cap. 9:15‖) being renumbered clause 8 and the subsequent clauses being renumbered accordingly—

“7 Amendment of section 346A of Cap. 9:07

The Criminal Procedure and Evidence Act [Chapter 9:07] is amended in section 346A (―Standard scale of fines‖) by the repeal of subsection (4) and the substitution of

(4) A statutory instrument may not be made in terms of subsections (2) or (3) unless a draft has been laid before and approved by resolution of Parliament‖.

NEW CLAUSE INSERTED AFTER CLAUSE 10

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

Between lines 28 and 29 on page 3 of the Bill, to insert the following new clause, the existing clause 10 (―Amendment of Cap. 10:02‖) being renumbered clause 12 and the subsequent clauses being renumbered accordingly—

 

“11 Amendment of First Schedule of Cap. 9:23

(1) The First Schedule to the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Act No. 23 of 2004) is repealed and the following is substituted

 

“FIRST SCHEDULE (Sections 2 (1) and 280)

 

STANDARD SCALE OF FINES

Level                                                                                                     Monetary

amount

  $
 1 .....................................................................................................   50 000,00
 2 ..................................................................................................... 120 000,00
 3 ..................................................................................................... 250 000,00
 4 ..................................................................................................... 500 000,00
 5 ..................................................................................................... 1 000 000,00
 6 ..................................................................................................... 2 000 000,00
 7 ..................................................................................................... 4 000 000,00
 8 ..................................................................................................... 6 000 000,00
 9 ..................................................................................................... 7 500 000,00
 10 ..................................................................................................... 10 000 00,00
  • ..................................................................................................... 12 500 000,00
  • ..................................................................................................... 15 000 000,00
  • ..................................................................................................... 20 000 000,00
  • ..................................................................................................... 25 000 000,00‖.

 

 

 

(2) Notwithstanding section 1 (―Short title and date of commencement‖) (3) of the Criminal Law (Codification And Reform ) At [Chapter 9:23] (Act No. 23 of 2004) (hereinafter referred to a as ―The Criminal Law Court‖ ) and Section 346 (―Standard Scale of Finds‖) of the Procedure [Chapter 9:07], the following provisions of the Criminal Law Code shall come into operation on the date of promulgation of this Act-

  • the definition of definition of ―level‖ and ―standard scale‖ in section 2 (―Interpretation‖) (1); and
  • section 280 (―Standard scale of fines and amendment thereof‖ ); and
  • the First Schedule

 

NEW CLAUSE INSERTED AFTER CLAUSE 21 (NOW CLAUSE 23)

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

Between lines 6 and 7 on page 7 of the Bill, to insert the following new clauses, the existing Clause 23 (―Amendments of Cap. 18:23‖) being renumbered Clause No. 25 and the subsequent clauses be renumbered accordingly-

 

“24  Amendment of section 19 of Cap. 15:16

 

The Health Service Act [Chapter 15:16] (Act No. 28 of 2004) is amended in Section 19

(―Establishment and composition of hospital management board‖) (1) by the deletion of

―,through the board,‖.

 

 

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL

COMMITTEE 

 

  1.       Finance Bill (H.B.9, 2005) - The Minister of Finance. (Referred 24 August,  2005)

 

 

 

 

 

NOTICE OF COMMITTEE MEETINGS

 

Thursday, 25th August 2004

 

At 1000 hours in Committee Room No. 1

 

JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: Mr. Chipanga (Chairperson), Chief Bidi, Mr Chidarikire, Mr. Chipanga Mr. Coltart, Mr. Gumbo J. M, Mrs. Machirori-

Sandura, Mr. Malinga,  Mr. Madzimure,  Chief Malisa, Mr. Matutu, Mrs. Mawere, Mrs. Misihairabwi- Mushonga, Chief Mudzimurema. Clerk – Ms Macheza

 

At 1000 hours in Committee Room No. 2

MINES, ENVIRONMENT AND TOURISM: Mr. Gabbuza (Chairperson), Mr. Butau, Mr.

Chandengenda, Chief Dandawa, Mrs. Katsande, Mr. Machaya, Col. Makova, Mr. Mungofa, Mr. Mushore, Mr. Ndlovu M, Mr. Sansole, Mr. Sibindi. Clerk – Mr. Ndlovu.

 

At 1000 hours in Committee Room No. 4

 

EDUCATION, SPORT AND CULTURE: Mr. Mhashu  (Chairperson),  Mr. Baloyi, Mr. Madubeko, Mr. Maluleke, , Mrs. Maziriri, Mr. Mguni, Mr. Moyo L, Prof. J. Moyo,  Mr.

Mupukuta , Mr. Mutomba ,Mr. Mutsekwa, Ms. Pote , Chief Shana,Mr. Sibindi. Clerk – Mrs Sunga

 

At 1000 hours in Committee Room No. 3

 

YOUTH, GENDER AND WOMEN’S AFFAIRS: Mrs. Mahofa (Chairperson), Chief

Bushu, Mr. Chikomba, Mr. Chebundo, Mr. Chibaya, Chief Dandawa, Mr Kanzama, Mr.

Madzore, Mrs. Matamisa, Ms. Mugabe,  Mr. Mukahlera, Mrs. Satiya. ClerkMrs Khumalo

 

 

 

 

 

 

Tuesday, 30th August  2005

 

At 1000 hours in Conference Room

 

FOREIGN AFFAIRS, INDUSTRY AND INTERNATIONAL TRADE: Mr. Porusingazi

(Chairperson), Mr. Gumbo J. M., Mr. Gwetu, Chief Mabika, Mrs.  Mawere, Mr.  Mugabe, Mr. Mukahlera, Mr. Mushoriwa, Mr. Mutomba, Mrs. Mpariwa, Mr. Ndlovu, , Chief Shana.

Clerk – Mr Ratsakatika

 

At 1000 hours in Committee Room No. 1

 

DEFENCE,    HOME    AFFAIRS    AND    NATIONAL    SECURITY:    Col.                         Makova

(Chairperson), Mr. Chamisa, Mr. Chipanga, Mrs. Dausi-Gwachiwa, Mr. Kadzima, Ms.

Khupe, Mr. Madzimure, Mr. Makova. Chief Malaba, Mr. Mutomba, Mr.  Mutsekwa, Prof.  Ncube W., Mrs. Zinyemba. Clerk – Mr Mubaiwa

 

 

 

 

 

 

At 1000 hours in Committee Room No. 2

 

LOCAL GOVERNMENT: Mrs. Zinyemba (Chairperson), Mr. Chidarikire, Mr.

Chimanikire, Mr. Gonese, Mr. Machaya, Mr. Majange, Chief Malaba, Mr. Matimba, Mr. Mubhawu,  Mr. Mutsekwa, Mrs. Stevenson. Clerk – Mrs Sunga

 

At 1000 hours in Committee Room No. 4

 

 

LANDS, LANDS REFORM, RESETTLEMENT AND AGRICULTURE: Mr. Mzembi

(Chairperson), Chief. Bushu, Chief. Chimombe, Mr. Gabbuza, Mrs. Katsande, Ms. Khumalo, Mrs. Mahofa, Mr. Mguni, Mr. Mkhosi,   Ms. Mugabe,  , Mr. Pote , Mr. Shoko. Clerk – Mr Ndlovu

 

At 1000hours in Committee Room No. 3

 

PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Mrs. Mawere (Chairperson), Mr. Baloyi, Chief Charumbira, Mr. Chibaya, Mr. Gwetu, Mr. Kangai,  Mr. Maluleke, Mr. Matutu, Mrs Maziriri, Ms. Mpariwa , Mr. Mushore, Mr. Shoko. Clerk- Mrs Muganhiri - Muwandi

 

At 1000 hours in Caucus Room

 

HEALTH AND CHILD WELFARE: Mr. Chebundo (Chairperson), Mr. Chandengenda,

Mr. Chindori-Chininga, Mr. Chipanga, Mr. Kangai, Ms. Khumalo, Chief Mabika, Mr.

Madubeko, Mr. Madzore, Mr. Mupukuta , Mrs. Nyauchi, Mr. Sansole, Mr. Zwizwai. Clerk – Ms Mukono

 

 

 

 

 

 

 

 

 

 

 

Monday 5th September 2005

 

At 7:00 hours in Committee Room No. 4

 

PUBLIC ACCOUNTS: Mrs Misihairabwi-Mushonga (Chairperson), Chief

Charumbira,. Mr. Chamisa, Chief Chimombe, Mr. Kadzima, Mr. Matimba,  Mr. Moyo L, Mr

Mupukuta, Mr Musa, Mr. Ncube F D., Ms. Satiya,  Mrs. Stevenson. Clerk – Mr Daniel

 

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