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NATIONAL ASSEMBLY VOTES 31_OCTOBER_2006_NO._18

ADVANCE COPY-UNCORRECTED

 

No. 18

PARLIAMENT

  

OF

 

ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________

 

 

SECOND SESSION – SIXTH PARLIAMENT

 

________________

 

TUESDAY, 31ST OCTOBER 2006

_________________

Quarter past two o‘clock p.m

The Acting Speaker in the Chair    
 

PRAYERS.

 

Members present

  
Bushu S. Chief

Chamisa N

Chandengenda D. J.

Chapfika D.

Chibaya A

Chidarikirre F E  Chigudu T.

Chigwedere  A S

Chikomba L

Chimanikire G

Chimbaira G

Chininga E T C

Chipanga T S

Chiwewe W  Damasane A.

Dandawa Chief T.

 Gonese I. T

Gwachiwa  C

Gwetu M

Kadzima P

Kanzama F

Katsande A

Khumalo N. M

Khupe T

Mabika Chief J

Machaya J. M. K

Madzimure W

Mahofa S. B

Majange C

Makova C W

Malinga A. M

Malisa Chief C

 Maluleke T. H

Marumahoko R

Masawi E. S

Mashakada T.

Matamisa E E

Matimba K. M

Matiza J. B

Matshalaga O

Mathuthu T A

Matuke L

Matutu T

Maziriri E.

Mdlongwa E

Mhashu F MisihairabwiMushonga. P.

 Moyo L Mpariwa P  Mubau T.

Mudzimurema

Chief P. M

Mugabe L  Muguti E.  Mupukuta L. S Mushore L.

Mushoriwa E.

Mutiwekuziva K K

Mutomba W

Mutsekwa  C

Mzembi W

Ncube A

Ncube D. M
Ncube W

Ndlovu S. D

Nyambuya M R

Nyauchi E

Porusingazi E

Pote C. M

Rusere T

Sakabuya M

Sansole J

 Satiya C

Shana Chief N Z J

 

Shumba I. M.

 

Sibanda G. J.                                                                  

Sikhala J                                                                       

 

Steveson B G

 

Zinyemba M

 

Ziyambi Z W I

 

  

Absent with leave

Karimanzira D.

Langa A.

Musa C.J.

 

 

  1. The Acting Speaker acknowledged the presence, in the Speaker‘s Gallery, of members from the Women‘s Coalition and the Gender Forum.

 

  1. Papers laid upon the Table –

 

Hon. L. Mugabe

 

Minutes of Proceedings and Minutes of Evidence of the Report of the Portfolio

Committee on Transport and Communication, on the effects of the Mid-Term

Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications

 

Report of the Portfolio Committee on Transport and Communication, on the effects of the Mid-Term Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications

 

The Minister of Education, Sport and Culture

 

      Sports and Recreation Commission Annual Report 2003 [by Chapter 22: 03]

 

Auditors‘ Report on the Financial Statements for the Sports and Recreation Commission for the year ended 31 December 2001.

 

Auditors‘ Report on the Financial Statements for the Sports and Recreation Commission for the year ended 31 December 2002.

 

  1. Bills returned from the Senate without amendment –

 

Date received 

 

      Criminal Procedure and Evidence Amendment Bill  (H.B. 3A, 2006)

 

  Judicial Service Bill (H.B. 7A, 2006)………..……………………….31st October 2006

 

  1. J. M. Gumbo, seconded by Hon. Kadzima moved: That Orders of the Day, Nos 1 and 2 for today, stand over until Order No. 12 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 5th October

2006 – The Minister of justice, Legal and Parliamentary Affairs)

 

[Time elapsed: 58 minutes]

 

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

 

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 the Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Chief Chimombe.

 

            On the motion of Hon. J. M. Gumbo, seconded by Hon. Kanzama: Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the death of Hon. Baloyi (Adjourned 5th October 2006

– The Minister of justice, Legal and Parliamentary Affairs)

 

[Day elapsed: 1] Question again proposed:

 

That this House –

 

EXPRESSES its profound sorrow on the untimely death on 15 September 2006, of Hon. Member for Chiredzi South Constituency, Aaron Baloyi;

 

PLACES on record its appreciation of the services which the late Member of Parliament rendered to his people, Parliament and the nation; and

 

RESOLVES that its deepest sympathy be conveyed to Mrs. Baloyi and family -Hon. Maluleke

 

On the motion of Hon. J. M. Gumbo, seconded by Hon. Gonese: Debate adjourned until tomorrow.

 

  1. L. Mugabe, seconded by Hon. D. M. Ncube moved: That this House takes note of the Report of the Portfolio Committee on Transport and Communication, on the effects of the Mid-Term Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications. (S.C. 25, 2006)

 

On the motion of Hon. J. M. Gumbo, seconded by Hon Gonese: Debate adjourned until tomorrow.

 

  1. J. M. Gumbo seconded by Hon. Gonese moved: That Notice of motion No. 6 for today stands over until Order of the day No. 2 has been disposed of.

 

Motion put and agreed to.

 

  1. SECOND READING: - Petroleum Bill (H. B. 5, 2006) – The Minister of Energy and Power Development.

 

Bill read a second time. Committee – tomorrow.

 

  1. Madzimure, seconded by Hon. Gonese, moved: That this House-

 

CONCERNED with high levels of corruption in the public and private  sectors.

 

FURTHER CONCERNED with the existence of rent-seeking activities, patronage, clientelism, racketeering, black market activities, trafficking  and smuggling activities in the economy.

 

FURTHER CONCERNED with the high levels of asset stripping and  plundering of public and private assets.

 

         THIS HOUSE calls upon government to seriously address this cancer in our society

 

  1. On the motion of Hon. J. M. Gumbo seconded by Hon. Gonese: The House adjourned at twelve minutes to four o‘clock p.m until tomorrow at a quarter past two o‘clock.

 

 

 

  1. E. Chidarikire Acting Speaker.

 

 

WEDNESDAY, 1ST NOVEMBER 2006

 

 

QUESTIONS FOR ORAL ANSWER

 

 QUESTIONS WITHOUT NOTICE  *  QUESTIONS WITH NOTICE

 

  1. HON CHEBUNDO: To ask the Minister of Home Affairs to outline the out come of investigations into the following murder cases;
    1. Wonder Manhengo of Nembudziya, Gokwe who died in 20 June 2000;
    2. Mandishona Mutyanda of Amaveni, Kwekwe who died on 29 June 2000 after an       attack on 18 June 2000;
    3. Henry Swan Elsworth, a commercial farmer gunned down at his Kwekwe farm on 12 December 2000;
    4. Robert Fanwick Cobbet, a commercial farmer, murdered on 6 August 2001 in

Kwekwe;

  1. Vusimuzi Mkweli of Gokwe who died on 9 September 2001 after several attacks by suspected political thugs;
  2. Kufa Rukara of Gokwe, who died on 20 November 2001 after an attack at Tenda ‗torture‘ Camp on 4 October 2001;
  3. Rambisai Nyika of Gokwe, murdered on 24 December 2001;
  4. Simwanja Mijoni of Kwekwe who died on 15 January 2002;
  5. Charles Sibanda of Zhombe, who died on 2 March 2002;
  6. Funny Mahuni of Kwekwe who died on 3 March 2002; and
  7. Tipason Madhobha of Gokwe, abducted and murdered on 2 May 2002.

 

   [Deferred from Wednesday, 27th September, 2006]

 

  1. HON GWETU: To ask the Minister of Energy and Power Development to state:

 

  1. the policy regarding service delivery and distribution of electricity to industry and households in view of the current load shedding and erratic supply of electricity; and

 

  1. the reasons why ZESA does not compensate residents whose electrical gadgets are damaged by high voltage when electricity is restored after load shedding.

 

   [Deferred from Wednesday, 27th September, 2006]

 

  1. HON MPARIWA: To ask the Minister of Energy and Power Development to state:

 

  1. the progress that the Ministry had made in ensuring the supply of electricity to Crowborough North, in ward 36-37 of Mufakose, Harare; and

 

  1. the whereabouts of materials, for example cables, meant for the above programme.

 

[Deferred from Wednesday, 6th September, 2006]

 

  1. HON MDLONGWA: To ask the Minister of Energy and Power Development to explain the policy regarding proposed replacement of ZESA load limit meters in the Bulawayo high density areas and whether residents were consulted on the same considering the high costs involved in the exercise and the impending October deadline.

 

 

  1. HON. MALINGA: To ask the Minister of Energy and Power Development to state:
  2. when ZESA would be able to get the US $30m needed to repair and refurbish generators at Hwange Thermal Power Station, which are damaged and currently      generating 300 - 400 mega watts instead of the required 740 mega watts; and

 

  1. the major problems affecting the delivery of coal to Hwange Thermal Power Station and the steps that were being taken to rectify the problems and how long      this would take.

 

  1. HON MADZIMURE: To ask the Minister of State for State Enterprises, Anti Monopolies and Anti-Corruption to explain why ZUPCO, a transport organization, falls under the Ministry of Local Government, Public Works and Urban Development instead of Ministry of Transport and Telecommunications.

 

[Deferred from Wednesday, 6th September, 2006]

 

 

  1. HON MPARIWA: To ask the Minister Local Government, Public Works and Urban Development to state:
    1. government‘s plans to resuscitate the water reticulation system in Mufakose; and
    2. the average life span of water pipes.
  2. HON MPARIWA: To ask the Minister Local Government, Public Works and Urban Development to state:
    1. whether it was the responsibility of the council or the residents to buy water meters; and
    2. the amount or revenue that has been collected through the sale of water meters to Mufakose residents and what the funds where being used for.

 

  1. HON GUMBO: To ask the Minister of Local Government Public Works and Urban Development to state when and how the Ministry is gong to resolve the boundaries of Chiefs‘ areas, Provinces, Districts and Wards demarcations in the newly resettled areas and old communal areas.

 

  1. HON GUMBO: To ask the Minister of Information and Publicity to indicate when the people of the Low Veld and outlying areas will receive the services of both Radio and Television for which they are forced to buy licenses and yet they are not getting any services in return

 

  1. HON GUMBO: to ask the Minister of Finance to state:-
    1. how much it cost the Reserve Bank to undertake Operation Sunrise (Zuvarabuda);
    2. the total value of the old bearer cheques collected;
    3. what will happen to the old bearer cheques still not exchanged particularly in the rural areas;
    4. why the RBZ limited exchanges to $100 000 000 (old bearer cheques) per week without coming up with an alternative way of disposing the excess;
    5. how the limit of $100 000 000 (old bearer cheques) was determined considering that ordinary people were keeping more than that amount at home in cash to meet           everyday expenses and realizing that most rural people do not have bank accounts.

 

  1. HON. MALINGA: To ask the Minister of Transport and Communication to state:
    1. how far the Government had gone in its efforts to raise the $875m needed for the installation of the Central Train Communication system;
    2. the efforts being made to improve the National Railways of Zimbabwe staff complement, which had dropped from 21 000 in 1980 to the current 9 000;
    3. the steps being taken by N.R.Z to augment the 5 338 wagons, out of a total requirement of 7 412 wagons needed to service the 2 759 km of local rail, as the shortage now threatens the importation of fertilizer and wheat.

 

 

  1. HON. MALINGA: To ask the Minister of Transport and Communication to state:
    1. what the Ministry was doing to help the pensioners who use the People‘s Own Savings Bank (P.O.S.B.), but find it to be un-user friendly and whether consideration could be given to the idea of preferential treatment for those above

60 years of age in order to assist them;

  1. e) whether the Ministry had plans to install benches in the banking halls for the pensioners.

 

  1. HON. MALINGA: To ask the Minister of Industry and International Trade to state:
    1. What the Government is doing to guarantee the continued employment of the remaining 16 000 employees in the textile industry, considering that since 2001, 8       000 have lost their jobs.
    2. the steps Government has taken to save David Whitehead from completely shutting  
  2. HON. MALINGA: To ask the Minister of Health and Child Welfare whether the Ministry has plans to open another Opportunistic Infections Clinic at Silobela Hospital, since there is only one in Kwekwe to service the whole district of Kwekwe.

 

  1. HON. MALINGA: To ask the Minister of Justice Legal and Parliamentary Affairs o explain:
    1. what the Ministry is doing to reduce congestion in prisons, considering that from 2003 to date, a total of 3 618 prisoners country wide have died of TB, AIDS related      infections, Pneumonia, Gastroenteritis, and malnutrition.
    2. the Ministry‘s efforts towards improving the availability of drugs and Ante-Retro Virals (ARVs) to prisoners.
    3. the steps the Ministry is taking to improve the diet of prisoners.

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 1.  HON. L. MUGABE

HON. D. M. NCUBE

 

That this House-

 

NOTING the publication of the report by the investigator into the Zimbabwe Congress of Trade Unions (ZCTU) presented to the Minister of Public Service, Labour and Social Welfare;

 

APPRECIATING that the report exposed and unearthed gross mismanagement and abuse of funds;

 

ALARMED by the report‘s findings that the ZCTU was involved in the sales of foreign currency at parallel market contravening the exchange Control Act {Chapter 22:05};

 

FURTHER ALARMED by the violation of guidelines on Retention of Records and the opening of unauthorised Bank Accounts and the use of unauthorised signatories to the accounts;

 

SHOCKED by the ZCTU unconstitutional salary payments to its President, Mr.

Lovemore Matombo;

 

AND NOW THEREFORE resolves that:-

  1. Condemns the ZCTU leadership for unethical business practices with vital business services and the non-remittance of Pay as You Earn for its employees;
  2. The Reserve Bank of Zimbabwe and Z.R.P should move in and bring in to book all the people involved;
  3. The Trustees who had been relieved of their duties should be re-instated with immediate effect;
  4. The Minister of Public Service, Labour and Social Welfare should in terms section

120 Subsection 3(b) ii put a new look management at ZCTU;

  1. The new look ZCTU should concentrate on its core business of representing the workers rather than stay always that have failed to address bread and butter issues in      this country; and
  2. The new look ZCTU should play their part in NEDPP in-order to turn around the

 

  2.  HON. CHEBUNDO HON. MUPUKUTA

 

That this House-

 

Takes Note of the Fifth Report of the Portfolio Committee on Health and Child Welfare on the Half-year Budget Performance of the Ministry of Health and Child Welfare (S.C. 26, 2006).

 

  3. HON. PORUSINGAZI HON. MUSHORIWA

 

That this House-

 

Takes note of the Second report of the portfolio committee on foreign affairs, industry and international trade on the management contract between Ziscosteel and Global Steel holdings limited (S.C. 31, 2006).

 

 4.  HON. MAHOFA HON. CHIBAYA

 

That this House-

 

Takes note of the first report of the portfolio committee on youth, gender and women‘s affairs on the half-year budget performance of the ministries of youth development and employment creation, women‘s affairs, gender and community development and small and medium enterprise development (S.C. 30, 2006).

 

 5.  HON. MHASHU HON. MALULUKE

 

That this House-

 

Takes Note Of The First Report Of The Portfolio Committee On Education, Sport And Culture On The Half-Year Budget Performance Of The Ministry Of Education, Sport And Culture (S.C. 27, 2006).

 

 6.  HON. ZINYEMBA HON. C. MAJANGE

 

That this House-

 

Takes Note of the third report of the portfolio committee on local government on the half-year budget performance for the ministries of local government, public works and urban development and rural housing and social amenities. (S.C. 28, 2006).

 

 7.  HON CHIPANGA HON MAWERE

 

That this House-

 

Takes Note Of The Third Report Of The Portfolio Committee On Justice, Legal And Parliamentary Affairs On The Half-Year Budget Performance For The Ministry Of Justice, Legal And Parliamentary Affairs.

(S.C. 29, 2006).

 

  1. Adjourned debate on motion on the death of Hon. Baloyi (Adjourned 31st October 2006

– The Minister of justice, Legal and Parliamentary Affairs)

 

[Day elapsed: 2] Question proposed:

 

That this House –

 

EXPRESSES its profound sorrow on the untimely death on 15 September 2006, of Hon. Member for Chiredzi South Constituency, Aaron Baloyi;

 

PLACES on record its appreciation of the services which the late Member of Parliament rendered to his people, Parliament and the nation; and

 

RESOLVES that its deepest sympathy be conveyed to Mrs. Baloyi and family -Hon. Maluleke

 

  1. Adjourned debate on motion on the Report of the Portfolio Committee on Transport and Communication, on the effects of the Mid-Term Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications

(Adjourned 31st October 2006 – Hon. J. M. Gumbo)

 

[Day elapsed: 1] Question proposed:

 

That this House takes note of the Report of the Portfolio Committee on Transport and Communication, on the effects of the Mid-Term Monetary Policy on the supplementary budget allocations for the departments in the Ministry of Transport and Communications. (S.C. 25, 2006) – Hon. L. Mugabe

 

  1. Adjourned debate on motion on the high levels of corruption (Adjourned 31st October 2006 – J. M. Gumbo)

 

[Days elapsed 1]

Question proposed: That this House-

 

CONCERNED with high levels of corruption in the public and private

sectors.

 

FURTHER CONCERNED with the existence of rent-seeking activities, patronage, clientelism, racketeering, black market activities, trafficking  and smuggling activities in the economy.

 

FURTHER CONCERNED with the high levels of asset stripping and  plundering of public and private assets.

 

THIS HOUSE calls upon government to seriously address this cancer in our society –

Hon. Madzimure

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Budget,

Finance and Economic Development on the Mid-Term Fiscal and Monetary Policies (Adjourned 4th October 2006 – The Minister of justice, Legal and Parliamentary Affairs)

[Day elapsed: 1] Question proposed:  

 

That this House takes note of the First Report of the Portfolio Committee on Budget,

Finance and Economic Development on the Mid-Term Fiscal and Monetary Policies for 2006, (S.C. 24, 2006) Hon. Butau

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Lands,

Land Reform, Resettlement and Agriculture (Adjourned 28th September 2006 – The

Minister of justice, Legal and Parliamentary Affairs)

 

[Day elapsed: 1]

 

Question proposed: That this House takes note of the First Report of the Portfolio

Committee on Lands, Land Reform, Resettlement and Agriculture on the State of

Preparedness by the Agricultural Sector for the 2006/7 Summer Crop Season (S.C. 23,

2006) – Hon Gabbuza

 

  1. Adjourned debate on motion on the physical assault on Zimbabwe Congress of Trade

Union‘s leaders (Adjourned 4th October 2006 – The Minister of justice, Legal and Parliamentary Affairs)

 

[Days elapsed 3]

Question proposed: That this House-

 

CONCERNED by the savage and brutal physical assaults on Zimbabwe Congress of Trade Unions (ZCTU) leaders, workers and other peace loving Zimbabweans who were exercising their democratic right to express themselves;

 

FURTHER CONCERNED by the degrading and inhuman conditions the arrested persons were subjected to upon their incarceration;

 

      DISTURBED by the government‘s lack of tolerance for any form of dissent;

 

FURTHER DISTURBED by Government‘s failure to observe international labour conventions and adhere to acceptable international standards in dealing with demonstrations;

 

      NOW THEREFORE this House:

  1. condemns the persons responsible for the physical assaults and inhuman treatment; and
  2. calls upon government to institute investigations into the matter and bring the perpetrators to book - Gonese
  3. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 31st October 2006 – J. M. Gumbo)

 

[Time elapsed: 58 minutes]

 

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

 

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 the Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Chief Chimombe.  

 

  1. COMMITTEE: To resume on the Domestic Violence Bill (H. B. 9, 2006) - The Minister of Justice, Legal and Parliamentary Affairs).

 

(Clauses 2, 3, 15 and 16 under consideration)   

(See Notice of Amendments)

 

  1. COMMITTEE: Petroleum Bill (H. B. 5, 2006) – The Minister of Energy and Power Development.

 

(See Notice of Amendments)

 

  1. Committee of Supply

____________________________________________________________________________

 

NOTICE OF AMENDMENTS

Petroleum Bill, 2006 (H. B. 5, 2006)

AMENDMENT OF CLAUSE 6

BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

  • in line 30 on page 5 of the Bill delete the word ―five‖ and substitute ―seven‖;
  • between lines 39 to 40 on page 5 of the Bill insert the words ―(d) petroleum industry‖.

AMENDMENT OF CLAUSE 10

BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

In line 21 on page 7 of the Bill insert after the words ―offence‖ the words ―involving dishonesty and‖.

AMENDMENT OF CLAUSE 11

BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

In line 40 on page 7 of the Bill delete the word ―minimum‖.

SUBSTITUTION OF CLAUSE 12

BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

Between lines 43 and 46 on page 7 and between lines 1 and 4 on page 8 of the Bill delete the existing clause 12 of the Bill and substitute the following

“12 Chairperson and vice-chairperson of the Board

  • The Minister shall designate one of the appointed members to be chairperson of the Board.
  • At its first meeting, the Board shall elect an appointed member, other than the chariperson, to be the vice-chairperson of the Board.
  • The chairperson and vice-chairperson of the Board may at any time, by written notice to the Minister resign their offices as such.
  • Within three weeks after being notified of a vacancy in the office of
    • chairperson of the Board, the Minister shall appoint another member to fill the vacancy;
    • vice-chairperson of the Board, the Board shall elect another member to fill the vacancy.
  • The vice-chairperson of the Board shall perform the functions of the chairperson whenever the chairperson is unable to perform them or the office of the chairperson is vacant.‖.

AMENDMENT OF CLAUSE 17 BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

In line 23 on page 10 of the Bill delete the word ―minimum‖.

AMENDMENT OF CLAUSE 35

BY THE MINISTER OF ENERGY AND POWER DEVELOPMENT

(a) between lines 8 and 9 on page 14 of the Bill insert the following subclause, and renumber the remaining subclauses and cross-references in the subclauses accordingly

―(2) An application submitted in terms of subsection (1) shall be acknowledged by the

Authority within sixty days of its submission to the Authority.‖;

 

 

NOTICE OF AMENDMENTS

Domestic Violence Bill, 2006 (H B 9 2006)

AMENDMENT OF CLAUSE 2

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 4 of the Bill, in line 25 delete the definitions of ―court‖ and ―Committee‖ and substitute—

―court‖ means the magistrates court, the High court and for purposes of section 17, the community court;

―Council‖ means the Anti-Domestic Violence Council established in terms of section 15;‖

 

AMENDMENT OF CLAUSE 3

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 5 of the Bill, in line18, delete the words ― household effects or other‖.

On page 5 of the Bill, in line 20 delete paragraph (L) and substitute—

―(L) abuse derived from the following cultural or customary rites or practices that discriminate or degrade women—

  • virginity testing; or
  • female genital mutilation; or
  • pledging of women and girls for purposes of appeasing spirits; or
  • forced marriage; or
  • child marriage; or
  • forced wife inheritance; or

(vi) sexual intercourse between fathers-in-law and newly married daughtersin-law.‖

On page 5 of the Bill, in line 41, delete the words ―or jealousy‖.

On page 5 of the Bill, in line 47 delete subparagraph (v) on ―unreasonable denial of conjugal rights‖

 

NEW CLAUSE INSERTED AFTER CLAUSE 3

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 6 of the Bill, between lines 29 and 30 insert the following clause 4 with the subsequent clauses being renumbered accordingly—

“4 Offence of domestic violence and acts excluded from its scope

  • Subject to subsection (2), any person who commits an act of domestic violence within the meaning of section 3 shall be guilty of an offence and liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
  • The following acts of domestic violence shall not constitute an offence
  • emotional, verbal and psychological abuse referred to in section 3(1)(c) and defined in section 3(2)(c)(i), (ii)and (iii); and
  • economic abuse referred to in section 3(1)(d) and defined in section 3(2)(d).‖

 

AMENDMENT OF CLAUSE 14

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 12 of the Bill, in line 30 in paragraph (a) insert the words ―or any officer involved in development work‖.

On page 12 of the Bill, insert after paragraph (b) the following paragraph

―(c) one or more chiefs or headmen as defined in the Traditional Leaders Act [Chapter 29:17] or any member of the Chiefs‘ Council nominated by the Chief‖.

NEW CLAUSE SUBSTITUTED FOR CLAUSE 15

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 13 of the Bill ,delete clauses 15 and substitute— “15  Establishment of Anti-Domestic Violence Council

(1)The Minister shall, for the purpose of this Act, establish a council to be known as the Anti-Domestic Violence Council which shall consists of the following members—

(a) one representative nominated by each of the following—

(i) the Ministry responsible for justice;  and

(ii) the Ministry responsible for gender or women‘s affairs;  and

(iii the Ministry responsible for health and child welfare;  and

  • the Department of Social Welfare in the Ministry responsible for social welfare; and
  • the Zimbabwe Republic Police; and
  • the Ministries responsible for education; and
  • the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17] (No. 25 of 1998) or any other law that may be substituted for it; and
  • three persons representing the interests of private voluntary organisations concerned

with the welfare of victims of domestic violence, children‘s rights and women‘s rights;  and

  • one person representing the interests of churches in Zimbabwe; and
  • one person representing the interests of any other body or organisation which the

Minister considers should be represented on the Council.‖.

  • Members of the Council shall be persons with no criminal record.
  • The chairperson and the deputy chairperson of the Council shall be persons qualified in the prescribed disciplines and shall be appointed by the Minister in consultation with the Minister responsible for social welfare.
  • Members of the Council shall be appointed by the Minister for such period, not exceeding three years, as he or she shall specify on their appointment.
  • The Minister shall prescribe the terms and conditions of service of all members of the Council.
  • Members of the Council shall be paid, out of moneys appropriated for the purpose by Act of Parliament, such remuneration and allowances as may be prescribed.
  • The Council shall-
  • hold its meetings at least four times a year and in accordance with such procedure; and
  • keep and furnish to the Minister such records of its meetings; as may be prescribed or as may be directed by the Minister.
  • Half the members of the Council shall constitute a quorum at any meeting of the Council.
  • The Council shall have the following functions—
  • to keep under constant review the problem of domestic violence in Zimbabwe;
  • to take all steps to disseminate information and increase the awareness of the public on issues of domestic violence;
  • to promote research into the problem of domestic violence;
  • to promote the provision of services necessary to deal with all aspects of domestic violence and monitor their effectiveness;
  • to monitor the application and enforcement of this Act and any other law relevant to issues of domestic violence;
  • to promote the establishment of safe-houses for the purpose of sheltering the victims of domestic violence, including their children and dependants, pending the outcome of court proceedings under this Act;
  • to promote the provision of support services for complainants where the respondent who was the source of support for the complainant and her or his dependants has been imprisoned;
  • to do anything necessary for the effective implementation of this Act.
  • The Council shall submit annual reports to the Minister on issues related to domestic violence and may append to such reports such recommendations for legislative or other action as it deems fit.
  • The Council shall appoint one or more committees on which it may confer such of the functions of the Council as it thinks fit:

Provided that the vesting of any functions in a committee in terms of this section shall not thereby divest the Council of such functions and the Council may amend or rescind any decision of any committee in the exercise of its functions.

  • The Minister, with the approval of the Public Service Commission, shall assign as staff of the Council such persons employed in his or her Ministry as will enable the Council to properly carry out its functions in terms of this Act.

 

 

 

AMENDMENT OF CLAUSE 16

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 14 of the Bill, in line 11 delete the section title ―Offences‖ and substitute ―General provisions as to offences‖

On page 14 of the Bill, in line 12, delete subsection (1) and renumber the remaining subsections accordingly.

 

NEW CLAUSE INSERTED AFTER CLAUSE 16

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 14 of the Bill, insert after clause 16 the following clause

                   “17            Special jurisdiction of community courts

(1) Community courts shall have jurisdiction to deal with cases involving the following acts of domestic violence and within the limits of its ordinary jurisdiction under Part IV of the Customary Law and Local Courts Act [Chapter 7:05] to issue protection orders in respect thereof

  • emotional, verbal and psychological abuse referred to in section 3(1)(c) and defined in section 3 (2)(c)(i), iii, (iii) and (v); or
  • economic abuse referred to in section 3(1)(d) and defined in section 3(2)(d).

 

 

 

 

 

______________________________________________________________________________

 

NOTICES OF MEETINGS

 

MONDAY 6th NOVEMBER 2006

 

Committee Room No. 4 at 1000 hrs

 

PUBLIC ACCOUNTS: Hon. Misihairabwi-Mushonga (Chairperson) Hon. Chamisa,

Hon. Chief Chimombe, Hon. Senator Gava, Hon. Kadzima, Hon. Matimba, Hon. Senator Mavhaire, Hon. Moyo L, Hon. Mupukuta, Hon. Ncube F D., Hon. Senator Nyoni, Hon.

Senator Patel, Hon. Satiya, Hon. Stevenson, Hon. Senator Thembani - Clerk- Mr. Daniel

 

Committee Room No. 1 at 1400 hrs

 

PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE: Hon. Mawere

(Chairperson), Hon. Senator Chief Charumbira, Hon. Chibaya, Hon. Senator Gumbura, Hon. Gwetu, Hon. Senator Haritatos, Hon. Senator Madiro, Hon. Maluleke, Hon.

Matutu, Hon. Maziriri, Hon. Mpariwa, Hon. Mushore, Hon. Senator Nyathi, Clerk- Mrs. Nyakauta

 

Committee Room No. 4 at 1400hrs

 

BUDGET, FINANCE AND ECONOMIC DEVELOPMENT:  Hon. Butau

(Chairperson), Chief Bidi, Hon. Biti, Hon. Bhebhe, Hon. Senator Charumbira, Hon.

Senator Chikava, Hon. Senator Kabayanjiri, Hon. Kanzama, Hon. Senator Khumalo,

Hon. Khupe, Hon. Majange, Hon. Senator Malinga, Hon. Mashakada, Hon. Matuke, Hon. Mushoriwa, Hon. Mzembi, Hon. Ncube, D. M. Clerk – Mrs. Khumalo

 

Committee Room No. 1 at 1000hrs

 

TRANSPORT AND COMMUNICATIONS: Hon.. Mugabe L (Chairperson), Hon.. Chimbaira, Hon. Chikomba, Hon. Senator Magadu, Hon. Mdlongwa, Hon. Senator Moyo, Hon. Hon. Prof. Moyo, Hon. Ncube D. M, Hon. Senator Ndlovu R, Hon.

Porusingazi, Hon. Pote, Hon. Senator Sai, Hon. Sikhala, Hon. Ziyambi, Hon.   Zwizwai,

Clerk – Mr. Nyamayaro

TUESDAY, 7th  NOVEMBER 2006

 

Committee Room No. 3 at 1000 hrs

 

FOREIGN AFFAIRS, INDUSTRY AND INTERNATIONAL TRADE: Hon.

Porusingazi (Chairperson), Hon. Senator Chimene, Hon. Senator Georgias Hon. Gumbo J. M., Hon. Senator Hove, Hon. Chief Mabika, Hon. Malinga, Hon. Mhashu, Hon.

Senator Muchengeti,  Hon. Mugabe, Hon. Mukahlera, Hon. Senator Mumvuri, Hon.

Mushoriwa, Hon. Mutomba, Hon. Ndlovu, Hon. Senator T. Ndlovu, Hon. Chief Shana.

Clerk – Mr. Ratsakatika.

 

Government Caucus at 1000 hrs

 

LOCAL GOVERNMENT: Hon. Zinyemba, (Chairperson), Hon. Chidarikire, Hon.

Chimanikire, Hon. Gonese, Hon. Machaya, Hon. Majange, Hon. Senator Majuru, Hon.

Matimba, Hon. Matamisa,  Hon Matuke,  Hon. Chief Mudzimurema, Hon. Senator

Munotengwa, Hon. Senator Musarurwa, Hon. Stevenson, Hon. Senator Tavengwa. Clerk

– Mrs Nyawo

Committee Room No. 1 at 1000 hrs

 

DEFENCE, HOME AFFAIRS AND NATIONAL SECURITY: Col. Makova

(Chairperson), Hon. Chipanga, Hon. Gwachiwa, Hon. Kadzima, Hon. Khupe, Hon.. Madzimure, Hon. Makova. Hon. Senator Malaba, Hon. Senator Mbambo, Hon. Senator Moyo, Hon. Mubhawu, Hon. Mutomba, Hon. Mutsekwa, Hon. Prof. Ncube W., Hon.

Senator Rungani, Hon. Senator Sinampande, Hon. Ziyambi. Clerks – Mr. Daniel and Ms Manyeruke

 

Committee Room No. 4 at 1000 hrs

 

LANDS, LAND REFORM, RESETTLEMENT AND AGRICULTURE: Hon.

Mzembi (Chairperson), Hon. Chief. Bushu, Hon. Senator Chief Chiduku, Hon. Senator Chikwanha, Hon. Chief. Chimombe, Hon. Senator Dete, Hon. Gabbuza, Hon. Katsande,

Hon. Senator Khumalo D, Hon. Mahofa, Hon. Mguni, Hon. Mkhosi, Hon. Mugabe, Hon. Pote, Hon. Senator Zvinavashe. Clerk – Mr. Ndlovu

 

Government Caucus at 1000 hrs

 

HEALTH AND CHILD WELFARE:  Hon. Chebundo (Chairperson), Hon.

Chandengenda, Hon. Chindori-Chininga, Hon. Chipanga, Hon. Kangai, Hon. Khumalo

N.M., Hon. Chief Mabika, Hon. Madubeko, Hon. Madzore, Hon. Senator Mkhwebu,

Hon. Senator Mombeshora, Hon. Mupukuta, Hon. Senator Mutinhiri, Hon. Nyauchi, Hon. Senator Sakupwanya, Hon. Sansole, Hon. Zwizwai. Clerk - Ms Mukono.

 

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