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NATIONAL ASSEMBLY VOTES 31 JANUARY 2023 NO 14

 ADVANCE COPY- UNCORRECTED

No. 14

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIFTH SESSION – NINTH PARLIAMENT

_________________

 

TUESDAY, 31ST JANUARY, 2023

_________________

 

                  At quarter past two o’clock p.m.

The Speaker in the Chair

 

Prayers

 

Members Present

 

Banda G;

Banda S,

Bhila R,

Bhuda S,

     Biti L T

Bushu B.,

Bvute O., 

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

      Chibaya A            

Chidakwa J.,

Chidamba S.,

      Chidziva H           

Chihururu C.,

      Chikombo W       

Chikudo Rueben,

Chikukwa M. R,

Chikuni E.,

Chikwama B.,

Chikwinya S        

Chimbaira G.,

Chimina L.,

Chimwanza J.

Chingosho C. P.

Chinotimba J.,

Chinyanganya M.,

Chipato A, 

Chitura L,

      Chiwetu J Z          

Chombo M,

Dube B,

Dube G,

Dube M.,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gandawa M. A,

Gonese I T,

Gorerino O.,

Gozho C,

Gumbo J. M.,

Gwanongodza E.,

Hamauswa S.,

Houghton J. R,

      Hungwe T

      Hwende C

Jaja J.,

January S.

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karoro D.,

Karumazondo M. T.,

Kashambe M. T.,

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machakarika T.,

Machando P.,

Machingauta C.

Madhuku J,

Madiro M,

Madiwa C.,

      Madzimure W

Madziva S.,

Mafuta S. V.,

 Mago N,

      Mahlangu S

      Makari Z H

Makone S.

Makoni R R,

Makonya J,

      Makope M

Mamombe J,

Mandiwanzira S C,

Mangora B.,

Maphosa L.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Masenda N. T,

Mashonganyika D,

Masiya D.,

      Masoka N

Masuku E,

Masuku P.,

      Masvisvi D

      Matambo J

Matangira T. R,

Mataranyika D. M.,

Mataruse P.,

      Matewu C

Mathe S,

Matsikenyere N.,

      Matsunga S

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondiah M,

Mchenje S. M.,

Mguni N,

Mguni S K,

Mhlanga J. N.,

Miranzi B.

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa M T,

Mliswa T P

Mnangagwa T. M.,

Mokone S,

Molokele-Tsiye F D,

Moyo C.,

Moyo E,

Moyo L.

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Moyo T.,

Mpame C.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mudau M

Mukapiko D. L.,

Mukuhlani T.,

Mukunyaidze S. E. I.,

      Munengami F

Munochinzwa M.

Muponora N.,

      Murai E

Murambiwa O,

Murire J, Rtd. Col. Dr

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Muswere J.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

      Mutsenyami C P

Ncube E.,

      Ncube M

Ncube Soul,

Ndebele A.,

Ndebele V

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nkomo M,

Nowedza E,

Nyabani T,

Nyabote R. 

Nyamudeza S,

Nyashanu M. Dr,

Nyathi E.

Nyathi R. R,

Nyere C.,

Nyika F

Nyokanhete J,

Nyoni I,

Nyoni S. G. G.,

Paradza J,

Paradza K.,

Phuti D.,

Raidza M.,

Rungani A,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sansole T. W.,

Sanyatwe C.,

Saruwaka T. J. L.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

      Sibanda D P

Sibanda L.

Sibanda M.,

Sibanda O.,

Simbanegavi Y.,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole S,

Svuure D,

      Tarusenga U D

Taruvinga F.,

Tekeshe D.,

Tembo M

      Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tshuma S.,

Tsuura N.,

Tungamirai T.,

Watson N J,

Zemura L,

Zhou P,

Zhou T,

      Ziyambi ,

      Zizhou M

      Zwizwai M          

 

     

 

In Attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

Hon. L. Matuke.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

 

 

 

Absent with leave

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That the provisions of Standing Orders Nos. 53, 66(2) and 68 regarding the automatic adjournment of the House at five minutes to seven o’clock p.m. on sitting days other than a Friday and at twenty-five minutes past one o’clock p.m. on a Friday and private Member’s motions taking precedence on Wednesday after question time and questions being taken on Wednesdays and Fridays be suspended for this week, in respect of Government Business.

 

    Motion put and agreed.

 

  1.    The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That the provisions of Standing Order No. 142 regarding the introduction of Bills be suspended in respect of the Police Amendment Bill (H.B. 1, 2023).

 

                     Motion put and agreed.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved:

 

That this House takes note of the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections, presented to this House of Parliament in terms of section 241 of the Constitution of Zimbabwe as read with section 13 (1) of the Electoral Act [2.13].

 

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

           

  1. Adjourned debate on motion on the Second reading of the Judicial Laws       Amendment Bill, (H.B. 3. 2022) - (Adjourned 13th December 2022 – The                 Minister of Justice, Legal and Parliamentary Affairs).

 

Bill read a second time. Committee, with leave, forthwith.

 

(House in Committee)

 

Clauses 1 to 3 put and agreed to.

 

On Clause 4,

 

The Minister of Justice, Legal and Parliamentary Affairs, moved: That Chairperson do report progress and seek leave to sit again.

 

            Motion put and agreed to.

 

(House resumed)

 

         Progress reported. Committee to resume tomorrow.

 

  1.        Adjourned debate on motion on the Second reading of the National Security

   Council Bill, (H.B. 2, 2022)– The Minister of Defence and War Veteran Affairs (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

Bill read a second time. Committee, with leave, forthwith.

 

(House in Committee)

 

Clause 1 and 2 put and agreed to.

 

On Clause 3,

 

The Minister of Justice, Legal and Parliamentary Affairs moved:

 

On page 4 of the Bill-

 

  • In line 23 to insert a new sub-clause (1) and the subsequent clauses being renumbered accordingly:

                  “(1) The Council shall be the apex organ for all national security  

               matters.”;

 

  • In line 25 in sub-paragraph 1(a), by the insertion of the phrase “, who shall be the chairperson of the Council” after the word “President”; and

 

  • In lines 34 and 35 in sub-paragraph 1(j), by the deletion of the phrase “in consultation with any of the Ministers referred to in paragraph (c)”.

 

Amendment put and agreed to.

 

            Clause 3, as amended, put and agreed to.

 

            Clauses 4 to 9 put and agreed to.

 

Bill to be reported with amendments.

 

(House resumed)

 

Bill reported with amendments. Referred to the Parliamentary Legal Committee.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That Orders of the Day Nos. 4 to 11, for today, stand over, until Order of the Day No. 12 has been disposed of.

 

Motion put and greed to.

 

  1.    Second Reading:   Prisons and Correctional Services Bill, (H. B. 6, 2022) – The Minister of Justice, Legal and Parliamentary Affairs.

           

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

        

        

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That the House reverts to Order of the Day No. 6.

 

               Motion put and greed to.

 

  1.        Adjourned debate on motion on the Second Reading of the Child Justice Bill, (H. B. 1, 2021) – The Minister of Justice, Legal and Parliamentary Affairs (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

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

        

 

  1. On the motion of The Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at nine minutes past six o’clock pm.  

 

                                                                       

                                                               HON. ADVOCATE J. F. N. MUDENDA,

                Speaker.

 

 

 

 

WEDNESDAY, 1ST FEBRUARY, 2023

 

QUESTIONS FOR ORAL ANSWERS

 

♦ QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

  1. Hon Markham: To ask the Minister of Finance and Economic Development to explain the following to the House:
  2. The establishment process and date of creation of Kuvimba Mining House;
  3. The legal instrument for its establishment given that Government is the majority shareholder;
  4. Who the shareholders are, the percentage of their shares, and what their contributions are in the Company;
  5. Where the company is registered, and what its sister or sub-companies are;
  6. Who are the other shareholders directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
  7. What the current asset value of Kuvimba Mining House including definable resources is; and
  8. To further confirm whether a tender was issued for any disposal or acquisition of State assets or/and enterprises.

 

  1. Hon Markham: To ask the Minister of Finance and Economic Development, as manager of state assets and funds, to explain to the House why the Ministry             has not submitted reports, strategic plans, and results of Kuvimba Mining             House for consecutive years since its inception in accordance with the Public             Entities and Corporate Governance Act (Cap 10: 31).

 

  1. Hon Markham: To ask the Minister of Finance and Economic Development to explain why the Ministry has not submitted the following, in relation to the             ZAMCO debt acquisition beneficiaries, to Parliament:
  2. List all the individuals and companies whose debt was acquired;
  3. List of financial institutions that were owed before acquisition;
  4. How the debt was acquired and approved by Parliament without any list or explanation as to who the end beneficiaries were; and
  5. How the beneficiaries were identified, and to avail to Parliament the minutes of the meetings that were held to identify the beneficiaries.

 

  1. Markham: To ask the Minister of Finance and Economic Development to inform the House on the following:
  2. Annual income and expenditure of the Sovereign Wealth Fund annually since its inception and the management modalities of the Fund;
  3. Who makes the operational decisions on expenditure and programs of the Fund;
  4. Who comprises the current Board, and if Minister could provide proof that these were done in a transparent manner;
  5. To confirm if the Fund were ever audited;
  6. To submit before the House the annual board reports and the strategic plans;
  7. Who the appointed investment managers are and how they were appointed; and
  8. To confirm all accounts that the RBZ is custodian to, and if there are any other custodians.

 

  1. Markham: To ask the Minister of Finance and Economic Development to provide Annual Returns, including investment mandates and guidelines and             the performance of funds, as well as any other reports of the Sovereign Wealth            Fund that must be tabled before Parliament.

 

  1. Markham: To ask the Minister of Finance and Economic Development to confirm whether the Sovereign Wealth Fund covers any Government Debt,             lending, or can be used as government collateral or guarantee to any liability.

 

  1. Markham: To ask the Minister of Finance and Economic Development to explain why seven years after the Act was passed there is still no website, no             contact details, no board details, no executive detail, no address, and no fund             details for the Sovereign Wealth Fund; and

 

  1. Markham: To ask the Minister of Local Government and Public Works to explain to the House whether Members of Parliament and Councilors have    been consulted on the distribution of Devolution Funds in the absence of the             Devolution Bill.

 

  1. Markham: To ask the Minister of Justice, Legal and Parliamentary Affairs to explain to the House:
  2. Why the Justice Uchena Report has still not been brought before this House even though it was completed and handed to His Excellency, the President, in December 2019; and
  3. To further elaborate how much money was used by the Commission and to state when it was paid out.

 

  1. Markham: To ask the Minister of Transport and Infrastructural Development which administers the Zimbabwe National Roads Authority             (ZINARA) to inform the House:
  2. How much ZINARA distributed annually province by province from all monies collected per enterprise since 2013;
  3. How much money was collected by ZINARA in the City of Harare per annum since 2013 and how much was paid out to the City of Harare over that period;
  4. To confirm the payments to Univern or its subsidiary in terms of commissions, in relation to other contracts and goods supplied; and
  5. Progress made with Univern in relation to:
  6. Reducing the commission
  7. Enforcing the penalty clause in the agreement to supply graders

 

NOTICE OF PRESENTATION OF BILL

 

  1. The Minister of Justice, Legal and Parliamentary Affairs: Bill to amend the Criminal Law (Codification and Reform) Act [Chapter 9:23] and to provide for matters connected therewith or incidental thereto. – Criminal Law (Codification and Reform) Amendment Bill, (H. B. 15, 2022).

 

  1. The Minister Of Home Affairs And Cultural Heritage: Bill to amend the Police Act [Chapter 11;10]; and to provide for matters connected with or incidental to the foregoing. – Police Amendment Bill, (H.B. 1, 2023).

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

  1.    Committee: To resume on the Judicial Laws Amendment Bill, (H.B. 3. 2022)- The Minister of Justice, Legal and Parliamentary Affairs (Progress reported: 31st January 2023– The Minister of Justice, Legal and Parliamentary Affairs).

(Clauses 4 to 20 under consideration)

 

 

  1. Adjourned debate on motion on the Second Reading of the Child Justice Bill, (H. B. 1, 2021) (Adjourned 31st January 2023 – The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed:  That the Child Justice Bill, (H. B. 11, 2021) be now read a second time – The Minister of Justice, Legal and Parliamentary Affairs.

 

  1. Second Reading: Electoral Amendment Bill, (H.B. 11, 2022) – The Minister of

            Justice, Legal and   Parliamentary Affairs

 

  1. Second reading: Public Finance Management Amendment Bill, (H.B. 4, 2021)

       The Minister of Finance and Economic Development (Restored 7th December   

       2022 – The Minister of Justice, Legal and Parliamentary Affairs).

           

  1. 5. Adjourned debate on motion on the Second Reading of the Children’s Amendment

        Bill, (H. B. 12, 2021)– The Minister of Public Service, Labour and Social Welfare

        (Restored 7th December 2022– The Minister of Justice, Legal and Parliamentary

        Affairs).

 

       Question proposed:  That the Children’s Amendment Bill, (H. B. 12, 2021) be now read a second time - The Minister of Public Service, Labour and Social Welfare.

 

  1. 6. Adjourned debate on motion on the Second Reading of the Labour Amendment Bill, (H.B. 14, 2021)– The Minister of Public Service, Labour and Social Welfare) (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed: That the Labour Amendment Bill, (H. B. 14, 2021) be now read a second time - The Minister of Public Service, Labour and Social Welfare.

 

  1. 7. Adjourned debate on motion on the Second reading of the Insurance Bill, (H.B.1, 2021)- The Minister of Finance and Economic Development (Restored 7th December 2022– The Minister of Justice, Legal and Parliamentary Affairs).

 

         Question proposed:  That the Insurance Bill, (H.B. 1, 2021) be now read a second time – The Minister of Finance and Economic Development.

 

 

  1. 8. Second reading: Electricity Amendment Bill, (H.B. 7, 2022)– The Minister of Energy and Power Development - (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

  1. 9.       Second reading: Medical Services Amendment Bill (H.B. 1, 2022)– The Vice

President and Minister of Health and Child Care (Restored 7th December 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

  1. Committee: Institute of Loss Control and Private Security Managers Bill (H. B.

             5, 2022)- Hon. Dr. Col. (Rtd) Murire (Restored 8th December, 2022-     Hon.

             Dr. Col. (Rtd) Murire).

 

  1. Adjourned debate on motion on the Second Reading of the Prisons and

            Correctional Services Bill, (H. B. 6, 2022) (Adjourned 31st January 2023 – The

                                         Minister of Justice, Legal and Parliamentary Affairs).

 

           Question proposed: That the Prisons and Correctional Services Bill, (H. B. 6,

           2022) be now read a second time – The Minister of Justice, Legal and

           Parliamentary Affairs

 

  1. Adjourned debate on motion on the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections (Adjourned 31st January 2023- The Minister of Justice, Legal and Parliamentary Affairs

 

            Question proposed: That this House takes note of the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections, presented to this House of Parliament in terms of section 241 of the Constitution of Zimbabwe as read with section 13 (1) of the Electoral Act [2.13]- The Minister of Justice, Legal and Parliamentary Affairs

 

 

  1. 13. Togarepi

         Hon. P. Zhou

 

[Days elapsed: 11]

 

             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.

 

  1. 14. B. Dube

                 Hon. Mliswa

 

[Days elapsed: 10]

           

            That this House considers and adopts the Report of the Public Accounts Committee on non- compliance with regards to the submission of financial statements to the Auditor General by some Local Authorities (S. C. 32, 2022).

 

  1. Hon. Mataranyika

Hon. Raidza

            

[Days elapsed: 9]

 

That this House considers and adopts the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the inquiry into the state of affairs in Zimbabwe Prisons and Correctional Service Facilities and living conditions of prisoners.

 

  1. Hon. Mokone

            Hon. Nyabani

                                                                                                          [Days elapsed: 8]

 

         That this House considers and adopts the Report of the Portfolio Committee on

         Information, Media and Broadcasting Services on accreditation process of

         Media Practitioners and ZBC’s implementation plan for fair and balanced

         coverage of all Political Parties during elections. (S.C. 33, 2022)

           

  1. Hon. Mokone

            Hon.  Sithole J.

                                                                                                          [Days elapsed: 8]

 

That this House considers and adopts the Report of the Portfolio Committee on

         Information, Media and Broadcasting Services on the state of New Ziana

         (S.C.40, 2022).

 

  1. Hon. Mathe

            Hon.  Watson

                                                                                                           [Day elapsed: 5]

                                                                                              

That this House considers and adopts the Report of the Portfolio Committee on Health and Child Care on the petition from the Retail Pharmacists Association on the need to open up administrative posts in the health sector to other health professionals (S.C.43, 2022).

 

  1. Hon. Shamu

             Hon. Priscilla Moyo

           

That this House takes note of the Delegation Report of the Bilateral Visit to India by a Parliamentary Delegation led by Hon. Advocate Jacob Francis Nzwidamilimo Mudenda, Speaker of Parliament from 5 to 12 December 2022.

 

  1. Hon. Ndiweni

             Hon. A. Ndebele

           

That this House takes note of the Delegation Report of the 52nd Plenary Assembly Session of the SADC-Parliamentary Forum held in the Democratic Republic of Congo from 3 to 11 December 2022.

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

National Security Council Bill, (H.B. 2, 2022)– The Minister of Defence and War Veteran Affairs (Referred 31 January 2023).                             

 

 

 

 

 

 

 

NOTICE OF AMENDMENTS

 

Institute of Chartered Loss Control and Private Security Managers Bill, (H B 5, 2022)

By Hon. Dr. Col. (Rtd) J. Murire

  1. AMENDMENT OF THE TITLE OF THE BILL

Title of the bill is amended by the deletion of the word Managers after Security and substitution with “Management” and in all instances where the title appears in the bill

  1. AMENDMENT OF CLAUSE 2

    Clause 2 of the Bill is amended—

  • on page 5 in line 11 by the insertion of the following definition—

“private security” means armed or unarmed security or protection of physical and non-physical assets including human beings, infrastructure, finances, cyber space and other forms of property provided as a service on private basis and,

          “Security Service” means security service provided by security services

             institutions established in terms of section 207 of the Constitution of  

              Zimbabwe”;

  • on page 5 in line 9 by the insertion of “guard” after “security” in the two instances in which the word “security” appears in line 9.
  1. AMENDMENT OF CLAUSE 3

Clause 3 of the Bill is amended on page 5 in line14 by the insertion of

“professional” after “practice”.

  1. DELETION AND SUSTITUTION OF CLAUSE 4

    Clause 4 of the Bill deleted and substituted by the following—

      “4. Objects of Act

(1) The objectives of this Act are to—

  • set minimum qualifications for the admission of members of the institute;
  • develop standards, guidelines, best practices and recommend regulations and a code of conduct for application by members;
  • influence the development of appropriate and relevant national loss control and private security management educational and professional training curriculum and qualification framework.
  • Promote⸻
  • the studying and practice of loss control and private security management as a profession.
  • the facilitation of sustainable skills relevance by offering mandatory continuing professional development for members;
  • compliance to practice standards established and contained in the code of conduct; and
  • professional integrity, repress malpractices including corrupt practices, increase and promote public confidence in those persons practicing or teaching the profession.
  • raise the character and status of the profession and in so doing preserve the integrity and quality of the service offered by its members;
  • provide disciplinary mechanism for breach of the code of ethics and non compliance with regulations, practice standards and guidelines;

     (2) The Institute shall exercise its functions and recommend regulations necessary to give full effect to the objectives set out in this Act (1).”.

  1. AMENDMENT OF CLAUSE 6

Clause 6 of the Bill is amended on page 6 in line 10 by the insertion of

 sub-clause (2) as follows—

                        “(2) The institute is a professional body with loss prevention occupations (including cyber security, digital, physical and forensic investigation; debt collection, risk management, loss assessment, loss control and disaster and emergency management) as its constituent elements.”

and the current clause shall accordingly be renumbered sub-clause (1).

  1. AMENDMENT OF CLAUSE 8

Clause 8 of the Bill is amended—

  • on page 6 in line 34 by the deletion of “or other relevant discipline”;
  • on page 6 in line 36 by the deletion of paragraph (a) and the substitution of the following—

        “(a) “members nominated for election are competent to implement provisions of the Act and regulations made under it and in so doing complementing the state on its obligation to provide quality loss prevention and security protection service to citizens; and”

  • on page 7 in line 19 by the insertion of “and approved by the minister” after the word “nominated”.
  1. AMENDMENT OF CLAUSE 13 AND INSERTION OF NEW PARTS

The Bill is amended on page 9 in line 44 —

  • by the insertion of a sub-clause (3) to clause 13—

                         “(3)  Any person may inspect the register and make copies of any entry

             there in at all reasonable times upon payment of such fee as may be

prescribed.”; and

  • by the insertion of new Parts IV and V after clause 13 as follows—

“PART IV

PRACTICING CERTIFICATES

  1. Prohibition against practice without practicing certificate

(1)  Subject to subsection 2and to 3 no person shall practice as a chartered loss control manager or chartered private security manager, whether directly or indirectly, by himself or herself or in partnership or association with any other person, except in accordance with the terms and conditions of a valid practice certificate which authorizes him/her to practice as a chartered loss control manager or chartered private security manager as the case may be.

(2) Subsection (1) shall not apply to anything done by a registered person which he could lawfully do as an unregistered person in terms of section 26

 

(3)  Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or both such fine and imprisonment.

 

(4)  Conviction for any offence under subsection 3 shall not be a bar to a further prosecution or conviction if the offence continues.

 

  1. Application for practicing certificate

A person who wishes to obtain a practice certificate shall apply to the Council in the form and manner prescribed, and shall submit with his or her application such fee, certificates, documents and information as may be prescribed.

  1. Issue and refusal of practicing certificate

(1) On receipt of an application for practicing certificate in terms of section (15) the council shall issue a practice certificate to the applicant authorizing him or her to practice as a chartered loss control manager or chartered private security manager if the council is satisfied that the applicant is registered as a chartered loss control manager or chartered private security manager, as the case may be.

(2) Where an applicant who already holds a practice certificate authorizing him or her to practice as a chartered loss control manager has applied for a practice certificate authorizing him to practice as a chartered security manager the council shall require him to surrender his existing practice certificate before issuing him with a new practice certificate.

PART V

LICENSING REQUIREMENT

  1. Licensing for provision of private investigation and security guards services

(1) A registered chartered private security manager shall not whether by himself or in partnership with other or as an association engage in the practice of or offering private investigation  or security guard services unless he or she respectively-

  • Obtains a private investigators license issued by the controller of private investigators and security guards in terms of the Private Investigators and Security Guards Control Act [Chapter 27:10] and regulation made under it.
  • Obtains a security guard license issued by the controller of private investigators and security guards in terms of the Private Investigators and Security Guards Control Act [Chapter 27:10] and regulation made under it.”;

and the subsequent clauses are accordingly renumbered.

  1. DELETION AND SUBSTITUTION OF PART VI

The Bill is amended on pages 12 and 13 by the deletion of Part VI and the

Substitution as follows—

“PART VIII

GENERAL PROVISIONS

  1. Use of certain designations

       (1) A registered Chartered loss control manager shall be entitled to the use of the

designation “Chartered loss control manager” or in abbreviation as CpLM which is an

indication one is a chartered professional loss control manager.

        (2) A registered chartered security manager shall be entitled to use the designation

“Chartered security manager” or in abbreviation as CpSM which is an indication one is a

chartered professional private security manager.

 

  1. Offences by unregistered persons

                 (1)   Subject to section twenty-six no person other than a registered chartered

loss control manager shall—

  • practice as a registered chartered loss control manager; or
  • hold himself out to be a registered chartered loss control manager; or
  • use the designation or initials referred to in section 24 (1) of section

twenty-four or any other names, title, designation or letters indicating that he or she is a registered chartered loss control manager, whether by advertisement or description or in any document.

       (2) Subject to section twenty-six no person other than a registered chartered security

manager shall—

  • practice as a registered chartered security manager; or
  • hold himself out to be a chartered security manager or
  • use the designation or initials referred to in section 24 (2) or any other names, title, designation or letters indicating that he or she is a registered chartered security manager, whether by advertisement or description or in any document.

      (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence

and liable to fine not exceeding level eight or to imprisonment for a period not exceeding

one year or both fine and such imprisonment.

      (4) Conviction for any offence under subsection (3) shall not be a bar to a further

prosecution or conviction if the offence continues.

 

  1. Exemptions

    (1) Section 25 shall not prevent a person who—

  • is employed exclusively at a salary and does not carry on the business on his own account, from describing himself as a loss control manager or private security manager in relation to the undertaking in which he is employed; or
  • without receiving an fee or reward, prepares or reports on the security or loss control systems of a club, society, institute or other association not established for profit, from describing himself or herself as an private security manager or loss control manager in relation to the preparation of or reporting on such systems.

    (2) Any person in bona fide employment of—

  • a registered loss control management company; or
  • a company or partnership referred to in subsection (5) shall not be regarded as practicing as a chartered loss control manager or as holding himself or herself out to be a registered chartered loss control manager for the purpose of section twenty-five in respect of anything done in the course of such employment while under the direction or control of registered chartered loss control manager

(3) Any person in bona fide employment of—

  • a registered security management company; or
  • a company or partnership referred to in subsection (5) shall not be regarded as practicing as a chartered private security manager or as holding himself or herself out to be a registered chartered private security manager for the purpose of section twenty-five in respect of anything done in the course of such employment while under the direction or control of registered chartered private security manager.

    (4) Section twenty-five shall not apply to any person in the full-time employment of

the State, a statutory body, or local authority in respect of anything whose directors or

the course of such employment.

    (5) Notwithstanding section twenty-four, a company or partnership whose directors or

partners, as the case maybe

  • are registered chartered loss control managers or registered chartered private security managers; and
  • hold practicing certificates; and
  • directly control and manage the provision of loss control or private security management services offered by the company or partnership; may practice as a chartered loss control or chartered private security managers

26  Reciprocity

      (1) Where any country, specified by the Government by notice in the Gazette, prevents citizens and residents of Zimbabwe from becoming members of any institution similar to the institute or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practice the profession of loss control and private security management in Zimbabwe under the name of the institute.

      (2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to loss control and private management shall be recognised by the institute for the purposes of entry in the Register.

27  Regulations

      (1) Subject to this section, the Minister, in consultation with or upon recommendation of the Council, may make regulations providing for all matters which by this Act are required or are permitted to be prescribed or which, in his or her opinion, are necessary or convenient to be prescribed in order to carry out or give effect to this Act.

      (2) Regulations made in terms of this section may provide for—

  1. the standard and conduct of qualifying examinations under these regulations;
  2. the qualifications for the entry of the name of any person in the Register as a member of the Institute;
  3. the conditions under which any examination or training may be treated as equivalent to the examination and training prescribed for members of the Institute;
  4. the conditions under which any foreign qualification may be recognised;
  5. the manner in which and the conditions subject to which applications for entry in the Register may be made;
  6. the fees payable for membership of the Institute and the annual fees payable by associates and fellows of the Institute in respect of their certificates;
  7. loss control security management general principles;
  8. the establishment and functions of Council Committee;
  9. the particulars to be entered in the Register;
  10. the internship training, the fixation of limits within which trainees may be charged and the cancellation and termination of internship engagement for misconduct or for any other sufficient cause;
  11. the regulation and maintenance of the status and standard of professional qualifications of members of the Institute;
  12. the maintenance of a library and publication of books and periodicals on loss control and management;
  13. the management of the property of the Council and the maintenance and audit of its accounts;
  14. the summoning and holding of meetings of General meeting, the times and places of such meetings, the conduct of business thereat and the number of members necessary to form a quorum;
  15. the powers, duties and functions of the President and the Vice-President of the Council;
  16. the terms of office, and the powers, duties and functions of the Secretariat;
  17. the establishment of a loss control managers Quality Review Board;
  18. conditions for cancellation, suspension and restoration of registration
  19. conditions under which practicing certificates shall be issued or withdrawn;
  20. disciplinary regulations and appeal procedures;
  21. any other matter which is required to be or may be prescribed under these regulations.

 (3) Regulations made in terms of this Act may impose a fine not exceeding level eight or imprisonment for a period not exceeding one year or to both such fine and such imprisonment.”.

 

 

National Security Council Bill (H.B. 2, 2022)

 

By The Minister of Defence, Security and War Veterans Affairs

 

 

Amendment of Clause 3 (Composition of Council)

 

Clause 3 of the Bill is amended in sub-clause 1, paragraph (c) on page 4, by the addition of Minister of Foreign Affairs and International Trade as a member of the Council.

 

Amendment of Clause 5 (Meetings of Council)

 

Clause 5 of the Bill is amended by the insertion of a new sub-clause:

 

“(3) The Director General of the Intelligence Services shall be the Secretary of the Council”.

 

 

Judicial Laws Amendment Bill, (H B 3, 2021)

 

By the Minister of Justice, Legal and Parliamentary Affairs

 

AMENDMENT OF PART IV

Part IV of the Bill is amended—

 

  • On page 2 in line 37 by the insertion of new clause 5 as follows—

“ 5. Amendment of section 2 of Cap 7:06

           Section 2 (“Interpretation”) of the principal Act is amended by the insertion after the definition of “civil case” of the following definition—

        ““Deputy Judge President” means the Deputy Judge President of the High Court;”.

and the subsequent clauses shall accordingly be renumbered.

  • On page 3 in line 4 by the insertion of new clause 7 as follows—

“7. Insertion of new section to Cap 7:06

           The principal Act is amended by the insertion of the following section after section 3—

                 “ 3A. Deputy Judge President

                        (1) The Deputy Judge President of the High Court shall be appointed by              

                 the President in accordance with this section.

                       (2) Whenever it is necessary to appoint a Deputy Judge President, the

                  Judicial Service Commission must—

  • advertise the position;
  • invite the President and the public to make nominations;
  • conduct public interviews of prospective candidates;
  • prepare a list of three qualified persons as nominees for the office; and
  • submit the list to the President;

                 whereupon, subject to subsection (3), the President must appoint one of the

                 nominees to the office concerned.

                       (3) If the President considers that none of the persons on the list submitted

                  to him or her in terms of subsection (2)(e) are suitable for appointment to the

                  office, he or she must require the Judicial Service Commission to submit a

                  further list of three qualified persons, whereupon the President must appoint

                  one of the nominees to the office concerned.

                      (4) The Deputy Judge President shall assist the Judge President in the exercise of

                 his or her functions, and shall perform other functions as the Judge President may

                 assign to him or her.

                    (5) The President must cause notice of the appointment of the Deputy

               Judge President to be published in the Gazette.”.   

       

and the subsequent clauses shall accordingly be renumbered.

 

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