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NATIONAL ASSEMBLY VOTES 5_FEBRUARY_2009_NO._17

ADVANCE COPY- UNCORRECTED

No. 17

 

PARLIAMENT

OF ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE OF ASSEMBLY

_________________

 

FIRST SESSION – SEVENTH PARLIAMENT

_________________

 

 

THURSDAY 5^TH FEBRUARY 2009

_________________

 

Quarter past two o‟clock p.m The Speaker in the Chair

 

PRAYERS

 

Members Present

 

 

 

Baloyi A, Beremauro G, Bhasikiti K, Bhebhe A, Bimha M.C Biti L.T Buka F, Chaderopa F Chambati T.S Chamisa N Chanetsa P.T. Chebundo B Chibaya                A Chidhakwa W.K Chikava B, Chikwinya S, Chimanikire G, Chimbetete W.M Chimhini D.A, Chininga E.T.C, Chinomona M.M Chinyadza W Chiota P.C Chirongwe R, Chirume O Chitando J Chitima A, Chivamba K, Chombo I.M.C Cross E.G Denga P Dokora          L.D.K Dongo G.Z Dube C.R.E Dube M Dube P Dumbu F Dzingirai                I Dzirutwe G Gabuza J.G Garadhi S Goche N.T Gonese I.T Goto R	Gumbo J.M Gwiyo C.C Haritatos P Hlongwane M Hove S.R Huruba T Jembere E Jiri M Kachepa               N Kagurabadza M.T		Marima E Masaiti E Mashakada T Matamisa E.E Matibe T.P Matibenga L.G Matienga               M Matimba T Matinenga E.T Matonga                B Matshalaga            O Matutu T Mavima L.D Mbwembwe E Mguni N Mhandu C Mhashu F.G Mhlanga A Mkhosi E.T.M Mlambo M.M Mlilo O.S Mnangagwa E.D Mombeshora D.T
	Kanzama F Kapesa R Kasukuwere Katsande A Kay J.I.H Khumalo M, Khumalo N.M, Khumalo S.S, Khumalo T Khupe T Kumalo M Langa A Mabhena G Machacha Madamombe Madubeko Madzimure Madzore P Mafios I.D Mahlangu T Mahoka S Majome F.J Makamure Makone T.M Makuyana Mandebvu N.T Mangami Mangena J Mangoma E.S	S C S J W R M D
			Moyo J.N Moyo R Moyo S Mpariwa P Mpofu N Mpukuta Muchauraya P Muchena O. N Mudarikwa S Mudau M Mudavanhu E Mudenge I.S, Mudiwa S Mudzuri E Mudzuri H Muguti C Mujuru J.T.R Mukanduri S.T		L
	Mangwana M.P Maposhere           D Maramba P.H Maramwidze E H Mare M
			Mukonoweshuro E Munengami            F Mungofa P.T
Munjeyi               G Mushonga S.L Musumbu E Musundire        A.L Musvaire W Mutasa D.N.E Mutinhiri A Mutinhiri T Mutomba W Mutsekwa G.T Mutseyami C.P Muza I Mwonzora D.T Mzembi W Navava E Ncube                    S Ndambakuwa F Ndava R Ndebele G Ndhlovu A Ndlovu M. M	Nemadziva N Nezi W Nguni S.R Ngwenya B Nhema           C.D.F Nkomo S.S Nyakudanga O Nyamande J Nyamudeza S Nyamupinga B.B Nyaude B Nyoni S.G.G Parirenyatwa     D.P Pasihomusha- Matiza B.J Pemhenayi C.F Rutsvara R Sai S Samkange N.T.C Sansole T.W Saruwaka T.J.L		Shamu W.K Shirichena E Shoko H Shoko M Sibanda Sibanda D.S Sibanda F.M Sibanda P.N Sindi C Sithole A Sululi A Tazviona R Timba J.Z Undenge Varandeni J Zhanda T.P Zhuwao P Zinyemba M Ziteya K.S Ziyambi W.Z Zwizwai M.	C.C S

 

____________________________________________________________

Printed by Order of the House

 

Absent with leave

Chindori-chininga E

Matshalaga O

Masukume NPS

 

1. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That the provisions of Standing Orders Nos. 105, and 109 relating to the referral of bills to Portfolio Committees and stages of bills respectively, be suspended in respect of the Constitution of Zimbabwe Amendment (No. 19) Bill [H.B. 2, 2008]

 

Motion put and agreed to.

 

2. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That the provisions of Standing Order No. 22 regarding the automatic adjournment of the House at five minutes to seven o‟clock pm. and at a twenty five minutes past one o‟clock on a Friday, be suspended for today in respect of the Constitution of Zimbabwe Amendment ( 19) Bill [H.B. 2, 2008].

 

Motion put and agreed to.

 

3. The Minister of Justice, Legal and Parliamentary Affairs presented a Bill to amend the Constitution of Zimbabwe- Constitution of Zimbabwe Amendment No. 19 Bill [B. 2, 2008].

 

Bill read the first time.

 

Second reading- forthwith.

 

4. SECOND READING – Constitution of Zimbabwe Amendment (No. 19)Bill [H.B.

2, 2008]-The Minister of Justice, Legal and Parliamentary Affairs

 

Bill read a second time.  Committee, forthwith.

 

(House in Committee)

 

Clauses 1 to 15 and first schedule put and agreed to.

 

Bill to be reported without amendment.

 

(House Resumed)

 

Bill reported without amendment.

 

1. MR. SPEAKER: Subsection (3) of section 52 of the Constitution provides that a

Constitutional Bill shall not be deemed to have been duly passed by Parliament unless, at the final vote thereon in Parliament, it received the affirmative votes of not less than two-thirds of the total membership of Parliament.

 

In order to comply with the provisions of section 52 it is necessary that the number of affirmative votes cast by members be recorded.

 

I therefore direct that the bell be now rung after which the votes of the honourable members will be counted

 

		AYES
Baloyi A, Beremauro G, Bhasikiti K, Bhebhe A, Bimha M.C Biti L.T Buka F, Chaderopa Chambati Chamisa N Chanetsa P.T. Chebundo B Chibaya	F T.S A	Chimhini D.A, Chininga E.T.C, Chinomona M.M Chinyadza W Chiota P.C Chirongwe R, Chirume O Chitando J Chitima A, Chivamba K, Chombo I.M.C Cross E.G Denga P Dokora          L.D.K Dongo G.Z Dube C.R.E Dube M Dube P	Dumbu F Dzingirai Dzirutwe G Garadhi S Goche N.T Gonese I.T Goto R Gumbo J.M Gwiyo Haritatos Hlongwane M Hove S.R Huruba T Jembere E Jiri M Kachepa	I C.C P N
Chidhakwa W.K Chikava B, Chikwinya S, Chimanikire G, Chimbetete W.M
			Kagurabadza M.T Kanzama F

 

Kapesa R Kasukuwere Katsande A Kay J.I.H Khumalo M, Khumalo N.M, Khumalo S.S, Khumalo T Khupe T Kumalo M Langa A Mabhena G Machacha Madamombe Madubeko Madzimure Madzore P Mafios I.D Mahoka S Majome F.J Makamure Makuyana Mandebvu N.T Mangami Mangena J Mangoma E.S	S C S J W R M D	Mavima L.D Mbwembwe E Mguni N Mhandu C Mhashu F.G Mhlanga A Mkhosi E.T.M Mlambo M.M Mlilo O.S Mnangagwa E.D Mombeshora D.T		Navava E Ncube                     S Ndambakuwa F Ndava R Ndebele G Ndhlovu A Ndlovu M. M Nemadziva N Nezi W Nguni S.R Ngwenya B Nhema            C.D.F Nyakudanga O Nyamande J Nyamudeza S Nyamupinga B.B Nyanhongo M.H Nyaude B Nyoni S.G.G Parirenyatwa      D.P Pasihomusha- Matiza B.J Pemhenayi C.F Rutsvara R Sai S Samkange N.T.C Sansole T.W Saruwaka T.J.L Shamu W.K Shirichena E Shoko H Shoko M Sibanda              C.C Sibanda D.S Sibanda F.M Sindi C Sithole A Sululi A Tazviona R Timba J.Z Varandeni J Zhanda T.P Zhuwao P Zinyemba M
		Moyo J.N Moyo R Moyo S Mpariwa P Mpofu N Mpukuta Muchauraya P Muchena O. N Mudarikwa S Mudau M Mudavanhu E Mudiwa S Mudzuri E Mudzuri H Muguti C Mukanduri S.T	L
Mangwana M.P Maposhere           D Maramba P.H Maramwidze E H Mare M Marima E Masaiti                  E Mashakada T Matamisa          E.E Matibe T.P Matibenga L.G Matienga             M Matimba T Matinenga E.T Matonga               B Matshalaga          O Matutu T
		Mukonoweshuro E Munengami          F Mungofa P.T Munjeyi               G Mushonga S.L Musumbu E Musundire        A.L Musvaire W Mutasa D.N.E Mutinhiri A Mutinhiri T Mutomba W Mutsekwa G.T Mutseyami C.P Muza I Mwonzora D.T Mzembi W

Ziteya K.S                                            Ziyambi W.Z

Zwizwai M.

1. MR. SPEAKER: The results of the count is that one hundred eighty four members have voted in favour of the Third Reading of the Bill. The number of affirmative votes recorded, one hundred and eighty four is not less than the two thirds of the total membership of the House.

 

I, therefore, declare the final vote in the House of Assembly on the Constitution of Zimbabwe Amendment (No. 19) Bill [H.B. 2, 2008] to have been in accordance with the provisions of subsection (3) of section 52 of the Constitution.

 

             Third reading- forthwith.

 

Bill read a third time.

 

5. Bill transmitted to the Senate-

 

[Date Transmitted]

 

Constitution of Zimbabwe Amendment (No. 19) Bill

[H.B. 2, 2008]……………………………………………. 5^th February, 2009

 

6. On the motion of the Minister of the Minister of Rural Housing and Social Amenities: The House adjourned at half past four o‟clock until Tuesday, 10^th February 2009 at a quarter past two o‟clock in the afternoon.

 

1. N. MOYO

Speaker.

 

 

TUESDAY, 5^TH FEBRUARY 2009

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         HON MZEMBI  HON KANZAMA

 

CONCERNED with the current ever escalating cost of living caused by the dolarisation of the Zimbabwean economy that threatens to erode our social safety nets as a result of almost every service provider now charging in foreign currency.

 

DISTURBED by the near collapse of provision of services due to an ailing economy that has faced ten years of a global economic onslaught;

 

ALARMED by the indifference exhibited by international community, IMF and the World Bank on the plight of ordinary Zimbabwean whose life has hit rock bottom levels of poverty;

 

RECOGNIZING the concerted efforts to solve the current problems by friendly countries in the SADC Region, some Non-Governmental Organisations and companies.

 

NOW, THEREFORE, resolves to express its serious concern to the responsible authority, the Government of Zimbabwe, to:-

 

1. protect its citizenry from the unintended consequences of the seeming near total dolarisation of the economy;
2. craft a battery of policies to address all the challenges faced by

Zimbabweans; and

• draw the attention of the international community to the suffering that has been visited upon ordinary Zimbabweans as a result of the imposition of illegal sanctions and calling for their immediate total removal.

 

2. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 4^th February 2009 – Hon Gonese)

 

[Time elapsed: 11 hours 59 minutes]

Question proposed: 

 

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

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament - Hon Mazikana.

 

3. Adjourned debate on motion on lack of focused response by ZINWA in provision of safe drinking water and sanitation to the nation (Adjourned 4^th

February 2009- Hon Gonese)

 

[Day elapsed: 2]

 

Question proposed:  That this House-

 

CONCERNED with the ever increasing number of deaths linked and or related to cholera within Zimbabwe, and the lack of an aggressive and focused response by the National Water Authority to play its rightful role in providing safe drinking water and sanitation to the nation;

 

NOTING that as of 14^th December, 2008 approximately 700 people countrywide had died of cholera and in excess of 10,000 people had been infected with the disease as per reports from the Ministry of Health and Child Welfare, and:

 

FURTHER NOTING that more people are likely to die or become infected as the outbreak takes its toll throughout the country;

 

ACKNOWLEDGING the efforts of the Civil Protection Unit (CPU) calling on all stakeholders to be involve with maximum effort to combat the outbreak and admitting that the outbreak had now taken a national scope: and appreciating the establishment of the cabinet task force on cholera by government, and the call by the Minister of Health and Child Welfare for local and international well wishers including UNICEF, WHO, and other organizations to come in full force to assist the country in combating this disaster;

 

APPRECIATING the assistance rendered by our friendly neighbours, in particular, The Republics of Namibia and South Africa in providing drugs and other medical equipment and consumables to fight the deadly cholera disease;

 

CONCERNED that ZINWA does not have the capacity nor the resources to provide safe drinking water and sanitation to the citizens of Zimbabwe particularly under such trying times and or in the near future;

 

FURTHER NOTING that most households and public institutions now go for weeks on end without any safe and treated running water and sanitation;

 

RECOGNISING that capacity to effectively distribute, treat and manage water supply was efficiently done by various Municipalities in the country prior to the take over by ZINWA and;

 

ACCEPTING that this experiment (ZINWA) must now come to its logical conclusion and has failed;

 

NOW, THEREFORE, this House resolves that:

 

1. The cholera crisis be declared a national disaster;
2. A Joint Portfolio Committee of Water Resources and Infrastructure Development and Health and Child Welfare, investigates and reports on this issue as a matter of urgency;
3. That this Joint Portfolio Committee makes recommendations on how the country can return the management and distribution of water supply and sanitation back to the Municipalities;
4. That the Joint Committee submits detailed proposals to capacitate the             municipalities and set a timetable to repeal appropriate legislation with regards to certain responsibilities accorded to ZINWA- Hon Mavima.

 

4. Adjourned debate on motion on the postponement of the opening of schools from the 13^th to the 27^th of January 2009 (Adjourned 4^th February 2009 –Hon Gonese)

 

[Day elapsed: 3]

 

Question proposed:  That this House-

 

WORRIED by the postponement of the opening of schools from the 13^th of January 2009 to the 27^th of January 2009;

 

CONCERNED by the uncertainty surrounding the education sector as manifested by the delay in the marking of Grade 7, „O‟ and  „A‟ Level examinations and the threat by teachers not to go back to work unless their demands are met;

 

SHOCKED by the unwarranted interference in the operations of “Trust” schools and other private educational institutions;

 

ALARMED by the failure of those who claim to be in charge to find answers to the crisis in the educational sector which resulted in most students failing to attend lessons in 2008;

 

DISTURBED by the fact that this situation may deteriorate in 2009;

 

            NOW, therefore, calls upon those responsible to take a holistic approach and find solutions to the crisis – Hon Mhashu.

 

5. Adjourned debate on motion on the allegations of plotting, conspiracy and counter-conspiracy to create conditions justifying declaration of a state of emergency (Adjourned 18^th December2008- Hon Gonese)

 

[Days Elapsed: 1]

Question proposed:  That this House-

 

AWARE of ZANU PF‟s history of plotting, conspiracy and counter conspiracy;

 

DISTURBED by the attempt to create a fictitious construct against the MDC on and around the issues of banditry;

 

CONCERNED  with the unwarranted and unjustified attacks on a sovereign independent state of Botswana by ZANU PF;

 

AWARE of attempts to create conditions justifying a crackdown on the people of Zimbabwe and indeed declaring a state of emergency;

 

NOW, THEREFORE: This House

 

CONDEMNS the attempt to create an artificial atmosphere of conflict, attrition and intolerance amongst the peace loving people of Zimbabwe;

 

            CONDEMNS the unwarranted and unjustified attack on the sovereign state of Botswana- Hon S.S Nkomo.

 

6. Adjourned debate on motion on the structural dislocation of Zimbabwe‟s economy (Adjourned 20^th January 2009- Hon Gonese)

 

[Days Elapsed: 3]

Question proposed: That this House-

 

CONCERNED WITH the structural dislocation of Zimbabwe‟s economy, macroeconomic dysfunctionality and the pervasive levels of failure by the state.

 

DISTURBED BY the high levels of poverty, unemployment and suffering of the people of Zimbabwe.

 

CONCERNED BY the collapse of the public education, public health and public transport infrastructure in the country.

 

FURTHER CONCERNED BY the deeply seated humanitarian crisis, the absence of the rule of law, the food crisis and the extent of deprivation and want by our people.

 

ALARMED BY the high levels of corruption, looting, avarice, asset stripping, patronage and clientelism prevalent in the country.

 

CONCERNED BY THE militarization and politicization in the distribution of food.

 

FURTHER CONCERNED by the deliberate indifference to the crisis by those in control.

 

NOW THEREFORE, THIS HOUSE RESOLVES;

 

1. To express its strong concern to the responsible authorities and urge all concerned to direct their energies towards the rebuilding of Zimbabwe.

 

1. To call for the crafting of policies to address these challenges being faced by Zimbabweans- Hon Biti.

 

7.         HON. GONESE              HON. MAJOME

 

COMMENDING the people of Zimbabwe on a fairly decent election on 29 March 2008.

 

CONCERNED by the reports of alleged murder, torture, rape, arson and looting that took place after the harmonized elections of 29 March 2008.

 

FURTHER CONCERNED by levels of lawlessness, abuse of the rule of law and abuse of state institutions in this violence.

 

NOW, THEREFORE, THIS HOUSE RESOLVES THAT:

A select Committee of Parliament be appointed to investigate the violence that took place after the March 28 and report its findings to Parliament.

 

8. COMMITTEE OF SUPPLY.

(Additional Estimates of Expenditure (2008), Votes, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29.   (Main Estimates of Expenditure (2009), Votes, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29.

 

 

TUESDAY, 17^TH FEBRUARY 2009

 

ORDER OF THE DAY

 

1. Adjourned debate on motion that leave be granted to bring in a Finance Bill-

(Adjourned 29^th January2009 -The Minister of Rural Housing and Social

Amenities)

 

[Time elapsed: 3 hours 45 minutes]

 

Question proposed:

 

            That leave be granted to bring in a Bill to make further provision for the revenues and public funds of Zimbabwe and to make provision for matters connected therewith or incidental thereto- The Acting Minister of Finance.