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NATIONAL ASSEMBLY VOTES 6_JULY_2005_NO._10
ADVANCE COPY-UNCORRECTED
No. 10
PARLIAMENT
OF ZIMBABWE
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VOTES AND PROCEEDINGS OF THE HOUSE
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FIRST SESSION – SIXTH PARLIAMENT
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WEDNESDAY, 6TH JULY 2005
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Quarter-past two o‟clock p.m.
Acting Speaker in the Chair.
PRAYERS.
Members Present
N.B. Printer please insert all ticked names in column form.
Absent with leave
Chindori-Chininga E.
Gumbo J. M.
Kaukonde R. J.
Matamisa E. Mutiwekuziwa K.K Rusere T.
Sakabuya M.
Printed by Order of the House
- Papers laid upon the Table-
The Minister of Finance
Annual Report of the Commissioner of Insurance for the year ended 31st
December 2000 in terms of section 70 of the Insurance Act [Chapter 24:07].
The Minister of Health and Child Welfare
First quarter report of the National AIDS Council of Zimbabwe: January to March 2005.
- The Acting Speaker informed the House that in terms of Standing Order No. 47, the Speaker had retained the sitting arrangement determined for the 5th
Parliament.
- The Acting Speaker made an announcement regarding an error on the Order Paper where questions 18 to 32 had been incorrectly numbered. Question number 22 should have been numbered 19 and the subsequent questions following the appropriate order of numbering
- Questions without Notice.
- Questions with Notice.
- The Minister Of Justice, Legal and Parliamentary Affairs moved: That Notice of Motion No. 1 and Order of the Day No. 2 for today stand over until Orders of the Day Nos 3 and 4 have been disposed of.
Motion put and agreed to.
- Adjourned debate on motion in reply to the Presidential Speech (adjourned 5th July 2005 – The Minister of Justice, Legal and Parliamentary Affairs)
[Time elapsed: 4 hours 16 minutes]
Question again proposed: That a respectful address be presented to the President of Zimbabwe as follows-
May it please you, Your Excellency, the President:
We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the Speech, which you have been pleased to address to Parliament- Mr Mzembi
On the motion of the Minister of Justice, Legal and Parliamentary Affairs:
Debate adjourned until tomorrow.
- SECOND READING: Banking Amendment Bill (H.B. 3, 2005)- The Deputy Minister of Finance
Bill read a second time. Committee – tomorrow.
- On the motion of the Minister of Justice, Legal and Parliamentary Affairs, the House adjourned at twenty two minutes to six o‟clock p.m.
- MADZONGWE, Acting Speaker.
THURSDAY, 7TH JULY 2005
ORDERS OF THE DAY AND NOTICE OF MOTION
- COMMITTEE: Banking Amendment Bill (H.B. 3, 2005)- The Minister of Finance
- COMMITTEE: Harare Institute of Technology Bill (H.B. 24, 2004)- The Minister of Higher and Tertiary Education
(See Notice of Amendments)
- SECOND READING: Attorney-General’s Office Bill (H.B. 4, 2005)-The Minister of Justice, Legal and Parliamentary Affairs
- Adjourned debate on motion in reply to the Presidential Speech (adjourned
6th July 2005 – The Minister of Justice, Legal and Parliamentary Affairs)
[Time elapsed: 5 hours 4 minutes]
Question proposed: That a respectful address be presented to the
President of Zimbabwe as follows-
May it please you, Your Excellency, the President:
We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the
Speech, which you have been pleased to address to Parliament- Mr
Mzembi
- Mr Biti
Mr Bhebhe
To move:
That this House:
TAKING NOTE of the massive food, drugs, foreign currency and energy shortages;
CONCERNED with the continued unabated collapse of the public amenities in health, transport and education;
DISMAYED at the lack of any concrete, meaningful and decisive reversal programme by government;
DISTURBED by the shrinking economy and failing state particularly in areas of service provision;
RESOLVES that the government immediately addresses the critical shortages of shortages of food energy and public sector amenities;
CONDEMNS the absence of existing comprehensive monetary and fiscal reversal strategy;
FURTHER CONDEMNS the clear lack of strategy and leadership on the part of this Government.
- Adjourned debate on motion on State action in respect of Operation Murambatsvina (adjourned 5th July - The Minister of Justice, Legal and Parliamentary Affairs)
[Days elapsed: 4]
Question proposed: That this House
CONCERNED with the massive destruction of people‟s homes, markets
and livelihoods under the vehicle of the so-called Operation
Murambatsvina;
DISTURBED AND SHOCKED at the abuse of the rule of law, breach of
the Constitution, international standards on the right to housing, the right to life, the rights of the children and the rights against forced evictions;
SHOCKED by the callousness of the State actions, particularly in the context of the current economic crisis, the ravaging winter and the massive food shortage;
DISMAYED at the total abuse of the local authorities and disrespect of the Urban Councils Act (Chapter 29:15) and the Regional Town and Country Planning Act (Chapter 29:12).
CONDEMNS AND CENSORS in the strongest of terms the State actions in respect of Operation Murambatsvina;
CALLS on Government to immediately stop and cease the aforesaid operation;
RESOLVES that Government abide by the international standards, the constitution and generally the rule of law;
CALLS on Government to comprehensively address the issue of national housing and in general terms the current structural economic crises;
CALLS on Government to urgently provide basic amenities and decent living standards to the victims of the current operation- Mr Mushoriwa
- COMMITTEE OF SUPPLY.
WEDNESDAY, 13TH JULY 2005
QUESTIONS FOR ORAL ANSWERS
QUESTIONS WITHOUT NOTICE
*QUESTIONS WITH NOTICE
*1. MR. SIKHALA: To ask the Minister of Justice, Legal and Parliamentary Affairs whether he is aware that the State Indebted Insolvent Companies Act breaches the constitutional provision on property rights, and if so what corrective measures he intends to take, especially in light of the fate of Shabanie-Mashava Mines.
[Deferred from Wednesday 6 July 2005]
| *2. | MR. SIKHALA: To ask The Minister of Finance to enlighten the House on the source of the Productive Sector Investment Facility, and to name the accounting organs/institutions of those funds. |
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[Deferred from Wednesday 6 July 2005] |
| *3. | MR. SIKHALA: To ask the Minister of Justice, Legal and Parliamentary Affairs to comment on the Executive‟s involvement in the administration of private companies in the name of national interests without resorting to the courts as provided for in our bankruptcy laws, citing the case of Shabanie-Mashava Mines. |
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[Deferred from Wednesday 6 July 2005] |
| *4. | MR. SIKHALA: To ask the Minister of Justice, Legal and Parliamentary Affairs to clarify the steps involved in the specification of companies, explaining how companies are placed under state- appointed administrators. |
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|
[Deferred from Wednesday 6 July 2005] |
| *5. | MR. SIKHALA: To ask the Minister Industry and International Trade to provide statistics on foreign investment, given that Zimbabwe is under spot light against a background of international concern about the rule of law and property rights. |
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|
[Deferred from Wednesday 6 July 2005] |
| *6. | MR. SIKHALA: To ask the Minister of State for Indigenisation and
Empowerment to define the ministries‟ policy on indigenisation particularly in light of the recent takeover of assets owned by black individuals through state instruments like what happened to Mutumwa Mawere, James Makamba and Jefrey Munzwimbi. |
| [Deferred from Wednesday 6 July 2005] |
*7. MR. SIKHALA: To ask the Minister of State Enterprises, Anti-Monopolies and Anti Corruption to:
- inform this august House on the process used in the appointment of Mr A.
- Gwaradzimba as the administrator of Shabani-Mashava Mines Holdings
(SMMH);
- furnish this House with Mr Aafarus.M. Gwaradzimba‟s remuneration package; and
- Confirm if SMMH funds were used to finance the Tsholotsholo gathering in late 2004.
[Deferred from Wednesday 6 July 2005]
*8. MR. SIKHALA: To ask the Minister of State Enterprises, Anti-Monopolies and Anti Corruption to enlighten this House on the indebtedness of SMMH since the appointment of an administrator and to provide a breakdown of application of the funds.
[Deferred from Wednesday 6 July 2005]
*9. MR N. SIKHALA: To ask the Minister Mines and Mining Development to inform the House on why a South African based company owned by a Jewish family, J. G. Petrow has been given the exclusive rights to market our asbestos when the Minerals Marketing Corporation of Zimbabwe is responsible for the marketing all minerals.
[Deferred from Wednesday 6 July 2005]
*10. MR. CHAMISA: To ask the Minister of Local Government, Public Works and Urban Development to explain:
- why the Kuwadzana Library has not been completed for so long since the local community is starved of library services; and
- why the Harare City Council is reluctant to accept the donation for the Library that was raised by the local MP.
[Deferred from Wednesday 6 July 2005]
*11. MR. CHAMISA: To ask the Minister of Local Government, Public Works and, Urban Development to inform the House:
- what the Ministry intends to do to alleviate the plight of residents of Kuwadzana Extension who do not have facilities such as shops, tower lights and standard roads;
- why it has taken a long time for Kuwadzana Extension to be officially handed over to the local city council by the Government and when this handover is expected.
[Deferred from Wednesday 6 July 2005]
*12. MR. CHAMISA: To ask the Minister of Youth Development and Employment Creation to:
- explain whether the youth training programmes are to be continued and, if so, where the Government will get the resources for the expansion, considering that the programme nearly collapsed due to lack of resources; and
- outline the benefits of the national youth training service to the nation and provide statistics of the number of youths per province that have benefited from the programme.
*13. MR. GWETU: To ask the Minister of State Water Resources and Infrastructural Development to report to this House the progress on the Zambezi Water Project particularly the Gwayi/Shangani phase.
[Deferred from Wednesday 6 July 2005]
*14. MR. MUSA: To ask the Minister of State Water Resources and Infrastructural Development when Chipara Dam on the Mudzi river is going to be constructed.
[Deferred from Wednesday 6 July 2005]
*15. MR. CHAMISA: To ask the Minister of Home Affairs to update this House on the progress made so far regarding the construction of Kuwadzana Police Station.
[Deferred from Wednesday 6 July 2005]
*16. MR. L MOYO: To ask the Minister of Transport and Communication to:
confirm whether the newly purchased Chinese made Air Zimbabwe passenger plane are safe to travel on.
[Deferred from Wednesday 6 July 2005]
*17. MR. L MOYO: To ask the Minister of Transport and Communication
to:
- explain why the construction of the portion of Kezi-Bulawayo road is
done without adequate road construction signs as the current situation endangers the lives of road users and whether the ministry is considering widening of the existing narrow bridges;
- state when the tarring of Kezi-Bulawayo road would be completed;
[Deferred from Wednesday 6 July 2005]
*18. MR. L MOYO: To ask the Minister of Transport and Communication to:
- explain when the construction of Maphisa-Gwanda road would begin; and
- provide a breakdown of the funds that were borrowed for the construction of Maphisa-Gwanda road.
[Deferred from Wednesday 6 July 2005]
| *19. | MR. MUSA: To ask the Minister of Transport and Communication when the Mtoko-Rwenya road is going to be surfaced and why it has taken such a long time. |
|
|
[Deferred from Wednesday 6 July 2005] |
| *20.
|
MR. MUSA :To ask the Minister of Transport and Communication why the Rewenya-Nyamapanda has not been maintained for some time.
[Deferred from Wednesday 6 July 2005] |
NOTICE OF AMENDMENTS
Harare Institute of Technology Bill (H. B. 24, 2004)
AMENDMENT OF CLAUSE 4(2) (a)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 5 of the Bill delete “correspondence” in line 28 and substitute “distance”.
AMENDMENT OF CLAUSE 8 (1)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 7 of the Bill delete “Institute Board made in consultation with the Minister” in lines 9 and 10 and substitute “Minister made in consultation with the Institute Board”.
AMENDMENT OF CLAUSE 9(1)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 7 of the Bill delete “in consultation with” in lines 43 and 44 and substitute with “with the approval of”.
AMENDMENT OF CLAUSE 10 (1) (k) and (2) (a)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 8 of the Bill delete “one person” in line 28 and substitute “one person who shall be a college or university lecturer”.
On page 9 of the Bill delete “after consultation with” in line 6 and substitute “with the approval of”.
AMENDMENT OF CLAUSE 11(1)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 7 of the Bill between lines 13 and 16 delete paragraph (a) and substitute:
“(a) with the approval of the Minister to appoint the Registrar, the Financial Director, the Librarian;”.
On page 9 of the Bill after paragraph (a) insert the following paragraph and renumber the following paragraphs accordingly:
“(b) to appoint the directors of the units or centres of the Institute, the academic staff, the administrative staff and other employees of the Institute:
Provided that the Institute Board may delegate its duties under this paragraph to such committee as may be prescribed in the Statutes;”.
AMENDMENT OF CLAUSE 12
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 10 of the Bill delete paragraph (a) in line 1 and renumber the following paragraphs accordingly.
On page 10 of the Bill delete paragraph (e) in line 14 and substitute:
„(e) who is mentally disordered as defined in section 2 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996).
AMENDMENT OF CLAUSE 15 (2) ( c )
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On pages 10 and 11 of the Bill delete paragraphs (i), (ii) and (iii) and substitute:
“(i) five shall be elected by the nine persons referred in section 10 (1) (b) from among themselves; and
- three shall be elected by the Senate from among themselves; and
- two shall be elected by the Institute Board from among the members referred to in section 10(1) (c ) to (q)”.
AMENDMENT OF CLAUSE 16 (1) ( c)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 11 of the Bill delete paragraph ( c) and substitute:
“( c) four shall be elected annually by the Students Union:
Provided that such students shall not be entitled to attend deliberations of the
Senate on matters related to examinations and academic staff promotions.”
On page 11 of the Bill delete subsection (2) between lines 24 and 26.
AMENDMENT OF CLAUSE 22 (2)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 13 of the Bill delete “The Vice-Chancellor” in line 11 and substitute “The Chancellor, Vice-Chancellor”.
AMENDMENT OF CLAUSE 27 (1) (c ) and (6) (c )
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 15 of the Bill delete “and” in line 24 of the Bill and insert the following proviso:
“Provided that the student being charged shall be given a reasonable opportunity by the Vice-Chancellor to nominate one of the members referred to in this paragraph and if such nominee accepts the nomination, he or she shall be a member of the Committee”.
On page 15 of the Bill “one hundred thousand dollars” in line 44 and substitute “such maximum amount as the Institute Board may fix in relation to disciplinary proceedings generally, after consultation with the Senate”.
AMENDMENT OF CLAUSE 28(1)
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 16 of the Bill paragraphs “f” and “g” between lines 10 and 12 should be rearranged and renumbered paragraphs “d” and “e” respectively and the current paragraphs “d” and “e” should be rearranged and renumbered “f” and “g” respectively.
AMENDMENT OF CLAUSE 33
BY THE MINISTER OF HIGHER AND TERTIARY EDUCATION
On page 17 and 18 of the Bill delete “Convocation” wherever it appears.
BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE
- Labour Amendment Bill (H.B. 1, 2005)- The Minister of Public Service, Labour and Social Welfare (Referred 22nd June, 2005).
- General Laws Amendment Bill (H.B. 5, 2005)-The Minister of Justice, Legal and Parliamentary Affairs (Referred 22nd June, 2005).
- Education Amendment Bill (H.B. 6, 2005)- The Minister of Education, Sport and Culture (Referred 22nd June, 2005).