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NATIONAL ASSEMBLY VOTES 3_OCTOBER_2006_NO._14

ADVANCE COPY-UNCORRECTED

No. 14

PARLIAMENT

OF

ZIMBABWE

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VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________

SECOND SESSION – SIXTH PARLIAMENT

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TUESDAY, 3^RD OCTOBER 2006

_________________

Quarter past two o‘clock p.m

Absent with leave

Chindori-Chininga E. T.

Dandawa Chief

Misihairabwi-Mushonga P.

1. Papers laid upon the table –

The Minister of Transport and Communications

TelOne Pvt (Ltd) 2005 Annual Report {by Chapter 22:03}

The Minister of Small and Medium Enterprises Development

 Small Enterprises Development Corporation 2004 Annual Report {by Chapter 22:03}

 The Minister of Education, Sports and Culture

 National Arts Council of Zimbabwe 2004 Annual Report {by Chapter 22:03}

National Arts Council of Zimbabwe 2005 Annual Report {by Chapter 22:03}

2.  COMMITTEE to resume on the Criminal Procedure and Evidence Amendment Bill  (H.B. 3, 2006) – The Minister of Justice, Legal and Parliamentary Affairs. (Progress reported 27^th September 2006)

(House in Committee)

Bill to be reported with amendments.

(House resumed)

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

3. SECOND READING: Domestic Violence Bill (H. B. 9, 2006) – The Minister of Justice, Legal and Parliamentary Affairs.

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

4. Adjourned debate on motion on the SECOND READING of the Judicial Service Bill (H.B. 7, 2006) (Adjourned 28^th September, 2006 – The Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed 2]

Question again proposed: That the Judicial Service Bill (H.B. 7, 2006) be now read a second time: The Minister of Justice, Legal and Parliamentary Affairs.

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

(House in Committee)

Clauses 1 to 28 put and agreed to.

On schedule,

The Minister of Justice, Legal and Parliamentary Affairs moved:

On pages 12 and 13 of the Bill delete the Schedule and substitute—

―SCHEDULE (Section 27)

AMENDMENT OF ACTS

PART I

INTERPRETATION ACT [Chapter 1:01]

In section 3 (―Definitions‖) (3) by the insertion of the following definitions

――Judicial Service‖ means the Judicial Service referred to in section 3 of the Judicial Services Act [Chapter 7:18];

―Judicial Service Commission‖ means the Judicial Service Commission established by section 90 of the Constitution;‖.

Amendment put and agreed to.

Part I, as amended, put and agreed to.

On Part II,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART II

ADMINISTRATIVE COURT ACT [Chapter 7:01]

In section 7 (―Appointment of Registrar and other officers of Court‖) (1) by the deletion of ―Public Service Commission‖ and the substitution of ―Judicial Service Commission‖.

Amendment put and agreed to.

Part II, as amended, put and agreed to.

On Part III,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART III

CUSTOMARY LAW AND LOCAL COURTS ACT [Chapter 7:05]

In section 14 (―Appointment of clerks of local courts‖) (2) by the insertion after ―Public Service‖ of ―,or the Judicial Service‖. Amendment put and agreed to.

Part III, as amended, put and agreed to.

On Part IV,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART IV

HIGH COURT ACT [Chapter 7:06]

In section 55 (―Officers of High Court‖) (1) by the deletion of ―Public Service‖ and the substitution of ―Judicial Service‖. Amendment put and agreed to.

Part IV, as amended, put and agreed to.

On Part V,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART V

JUDGES SALARIES, ALLOWANCES AND PENSIONS ACT [Chapter 7:08]

1. In section 4 (―Pensions‖) by the repeal of subsection (1) and the substitution of

―(1)  The President shall fix the terms and conditions subject to which pensions benefits shall be paid to

• the Chief Justice, the judges of the Supreme Court, the Judge President of the High Court and the other judges of the High Court, and to any person or judge acting in any of those capacities; and
• Presidents of the Administrative Court appointed in terms of the Administrative Court Act [Chapter 7:01] and Presidents of the Labour Court appointed in terms of the Labour Act [Chapter 28:01].‖.

2. In section 5 (―Review of benefits‖)(1) by the insertion after ―Public Service‖ of ―or the Judicial Service‖.

Amendment put and agreed to.

Part V, as amended, put and agreed to.

On Part VI,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART VI

MAGISTRATES COURT ACT [Chapter 7:10]

In section 7 (―Appointment of magistrates‖)

• in subsection (1) by the deletion of ―subsection (4) of section 75 of the

Constitution, the Public Service Commission‖ and the substitution of ―the

Judicial Service Act [Chapter 7:18], the Judicial Service Commission‖;

• in subsection (2)
  • by the deletion of ―Public Service Commission may, subject to subsection (4) of section 75 of the Constitution‖ and the substitution of ―Judicial

Service Commission may, subject to the Judicial Service Act [Chapter 7:18]‖;

• by the insertion of the following paragraph after subsection (2)(c)—

―or

(d) has served as a public prosecutor for a period which in the aggregate is not less than four years.‖;

• in subsection (3) by the deletion of ―Public Service Commission may, subject to subsection (4) of section 75 of the Constitution‖ and the substitution of ―Judicial Service Commission may, subject to the Judicial Service Act [Chapter 7:18]‖. Amendment put and agreed to.

Part VI, as amended, put and agreed to.

On Part VII,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART VII

SMALL CLAIMS COURTS ACT [Chapter 7:12]

In section 8 by the deletion from subsection (1) of ―Public Service‖ wherever it occurs and the substitution of ―Judicial Service‖. Amendment put and agreed to.

Part VII, as amended, put and agreed to.

On Part VIII,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART VIII

SUPREME COURT ACT [Chapter 7:13]

In section 33 (―Officers of Supreme Court‖) (1) by the deletion of ―Public Service‖ and the substitution of ―Judicial Service‖. Amendment put and agreed to.

Part VIII, as amended, put and agreed to.

On Part IX,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART IX

OMBUDSMAN ACT [Chapter 10:18]

1. In section 5 (―Conditions of service of Ombudsman and Deputy Ombudsman‖) (3) by the insertion after ―Public Service‖ of ―, or the Judicial Service‖.
2. In section 6 (―Staff of Ombudsman‖) by the deletion of ―Public Service Commission‖ and the substitution of ―Judicial Service Commission‖. Amendment put and agreed to.

Part IX, as amended, put and agreed to.

On Part X,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART X

PENSIONS REVIEW ACT [Chapter 16:03]

In section 2 (―Interpretation‖)

• in subsection (2) by the insertion after ―Public Service,‖ of ―the Judicial Service,‖;
• in subsection (3)
  • in paragraph (a) by the insertion after ―Public Service,‖ of ―the Judicial Service,‖;
  • in paragraph (d) by the deletion of ―or Public Service Commission‖ and the substitution of ―, Public Service Commission or the Judicial Service

Commission‖

Amendment put and agreed to.

Part X, as amended, put and agreed to.

On Part XI,

The Minister of Justice, Legal and Parliamentary Affairs moved:

PART XI

PUBLIC SERVICE ACT [Chapter 16:04]

1. In section 2 by the insertion in the definition of ―approved service‖, after paragraph (c), of the following paragraphs

―or

(d) the Judicial Service;‖.

2. In section 14 by the insertion after paragraph (c) of the following paragraph

                     “(c1)

   members of the Judicial Service;  or”.    Amendment put and agreed to.

Part XI, as amended, put and agreed to.

Bill to be reported with amendments.

(House Resumed)

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

5. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The      House adjourned at twenty-seven minutes to six o‘clock p.m.

1. L. Nkomo  Speaker.

WEDNESDAY, 4^TH OCTOBER 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;

1. Rambisai Nyika of Gokwe, murdered on 24 December 2001;
2. Simwanja Mijoni of Kwekwe who died on 15 January 2002;
3. Charles Sibanda of Zhombe, who died on 2 March 2002;
4. Funny Mahuni of Kwekwe who died on 3 March 2002; and
5. Tipason Madhobha of Gokwe, abducted and murdered on 2 May 2002.

   [Deferred from Wednesday, 27^th September, 2006]

2. 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, 27^th September, 2006]

3. 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, 6^th September, 2006]

4. 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.

5. 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, 6^th September, 2006]

6. HON MADZIMURE: To ask the Minister of Local Government, Public Works and Urban Development to explain why the term of office for the Commission running the affairs of the City of Harare was extended in view of the fact that it has failed to achieve the objectives it was instituted for e.g. garbage collection, street lightening, road maintenance, provision of clean water and other services.

[Deferred from Wednesday, 6^th September, 2006]

7. 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.

8. 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.

9. 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.

10. 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

11. HON GUMBO: To ask the Minister of Transport and Communications to state when the tarring of the Mberengwa to West Nicholson road will commence as promised by the President, on several occasions, considering that it is important for both social and economic needs for the locals and the nation.

12. 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 rural most folks do not have bank accounts.

13. HON MDLONGWA: to ask the Minister of Water Resources and Infrastructural Development to state:
    1. the measures the Ministry has put in place to ensure the construction of the Gwayi- Shangani Dam following the destruction of the infrastructure that had been put in

Place; and

1. who was going to bear the costs for the reconstruction of the dam wall that was washed away.

ORDERS OF THE DAY AND NOTICES OF MOTIONS

1.  HON. BUTAU HON. MUSHORIWA

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).

2. HON. MALULEKE

HON. MAWERE

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.

3.  HON. MUGABE

HON. NCUBE D.  M.

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)

4.  HON. MADZIMURE HON. GONESE

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.

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

Land Reform, Resettlement and Agriculture (Adjourned 28^th 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

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

Union‘s leaders (Adjourned 28^th September 2006 – The Minister of Justice, Legal and Parliamentary Affairs)

[Days elapsed 2]

         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

7. Adjourned debate on motion on the SECOND READING of the Domestic Violence Bill (H. B. 9, 2006) (Adjourned 3^rd October, 2006 - The Minister of Justice, Legal and Parliamentary Affairs.

[Day elapsed 1]

Question proposed: That the Domestic Violence Bill (H.B. 9, 2006) be now read a second time: The Minister of Justice, Legal and Parliamentary Affairs.

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

9. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 28^th

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

[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.   

10. Committee of Supply

_______________________________________________________________________ BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

1. Interception of Communications Bill (H.B. 4, 2006) - The Minister of Transport and Communications –(Referred 26^th July 2006) (Extended from 5 September 2006).

2. Criminal Procedure and Evidence Amendment Bill (B. 3, 2006) – The Minister of Justice, Legal and Parliamentary Affairs - (Referred 3^rd October 2006).

3. Judicial Service Bill (H.B. 7, 2006) – The Minister of Justice, Legal and Parliamentary Affairs – (Referred 3^rd October 2006).