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NATIONAL ASSEMBLY VOTES 7 JUNE 2022 NO 49

ADVANCE COPY- UNCORRECTED

No. 49

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________

FOURTH SESSION – NINTH PARLIAMENT

_________________

TUESDAY, 7TH JUNE, 2022

_________________

Quarter past two o’clock p.m.

The Speaker in the Chair.

Prayers

Members Present

Banda G;

Banda S,

Biti L T

Bushu B.,

Chamisa S.,

Chanda G. ,

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

Chiyangwa P, Chombo M,

Dube B,

Dube G,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gumbo J. M.,

Gwanongodza E.,

Hamauswa S.,

Houghton J. R,

Hungwe T

Hwende C

Jaja J.,

January S.

Kabozo S.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Khumalo S. S.,

Kwaramba G.,

Maboyi R M.,

Machando P.,

Machingauta C.

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.,

Markham A. N.,

Masango C. P.,

Masenda N. T,

Mashakada T.

Masoka N

Masuku P.,

Matambo J

Matangira T. R,

Mataruse P.,

Matewu C

Matsikenyere N.,

Matsunga S

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mayihlome L,

Mbondiah M,

Mchenje S. M.,

Mguni Hlalani

Mguni S K,

Mhlanga J. N.,

Miranzi B.

Mkandla M.,

Mlambo M. M.,

Mliswa M T,

Mnangagwa T. M.,

Modi R. I,

Mokone S,

Molokele-Tsiye F D,

Moyo C.,

Moyo E,

Moyo L.

Moyo Peter,

Moyo Priscilla,

Moyo R.,

Mpame C.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mudau M

Mudyiwa M.,

Mugadza M

Mugweni C. T.,

Mukapiko D. L.,

Mukuhlani T.,

Mukunyaidze S. E. I.,

Munengami F

Munetsi J.,

Munochinzwa M.

Muponora N.,

Murai E

Murambiwa O,

Musakwa E,

Musanhi K. S,

Musarurwa W.Y.

Mushoriwa E.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Mutseyami C P

Ncube E.,

Ncube M

Ncube Soul,

Ndebele A.,

Ndebele V,

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Nhambo F.,

Nhari V,

Nkani A.,

Nyabani T,

Nyamudeza S,

Nyashanu M. Dr,

Nyathi E.

Nyathi R. R,

Nyere C.,

Nyika F

Nyokanhete J,

Nyoni I,

Phuti D.,

Porusingazi E.,

Rungani A,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samson A.,

Samukange J. T.,

Sansole T. W.,

Sanyatwe C.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shongedza E.,

Shumbamhini H.,

Sibanda D P

Sibanda L.

Sibanda M.,

Sikhala J.,

Sithole G K,

Sithole James,

Tarusenga U D

Tekeshe D.,

Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tsuura N.,

Tsvangirai Vincent

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zhou P,

Zizhou M

Zwizwai M

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

Printed by Order of the House

Absent with leave

Members sworn—

Ndebele Visitor

Nyika Florence

The Speaker informed the House of the untimely death on Saturday 28th May, 2022, of Hon. Leonard Chikomba, the Member of Parliament for Gokwe Kabuyuni Constitutency in Midlands and invited Hon. Members to rise and observe a minute of silence in honour of the late Hon. Member.

The Speaker informed the House that on Thursday 26th May, 2022, Parliament received a Petition from Mr. K. Maphosa, of the Matabeleland Institute of Human Rights, requesting Parliament to amend the Traditional Leaders Act [Chapter 29:17]. The petition was referred to the Portfolio Committee on Local Government, Public Works and National Housing.

The Speaker also informed the House that on Thursday 26th May, 2022, Parliament received a Petition from Mr Gugulethu Moyo of the Lower and Upper Rangemore residents Forum (LURRF) of Umguza District, Matabeleland North Province, requesting Parliament to exercise its oversight role by holding the Umguza Rural District Council and Private Housing Developers accountable on the provision of household water and sanitation services in the urbanized Umguza Ward 16. The petition was also referred to the Portfolio Committee on Local Governement, Public Works and National Housing.

The Speaker further informed the House that on Thursday, 26th May 2022, Parliament received a Petition from Mr. Claud Kaharo of 4455, 75th Close, Budiriro 3, Harare, requesting Parliamen to amend Section 74 of the Constitution of Zimbabwe to bring sanity to the environment. The petition was deemed inadmissible and the petitioner was advised accordingly.

Togarepi, seconded by Hon. L. Sibanda, moved: That Orders of the Day and Notices of Motons Nos. 1 to 5 and 7 to 23, for today, stand over until Order of the Day and Notice of Motion No. 24 and 6 in that order have been disposed of.

Motion put and agreed to.

Dr. Nyashanu, seconded by Hon. Mushoriwa, moved:

[Days elaped: 3]

That this House takes note of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Petition received from Zimbabwe Revenue and Allied Workers Trade Union (ZIMRATU) on retention of funds and funding model for Zimbabwe Revenue Authority. (S.C.17,2022).

On the motion of Hon. Dr. Nyashanu, seconded by Hon. Tekeshe: Debate adjourned until tomorrow.

Adjourned debate on motion on the Second reading of the Health Services Amendment Bill (H.B. 8, 2021) – (Adjourned 17th May, 2022 The Minister of Justice, Legal and Parliamentary Affairs)

Question again proposed: That the Health Services Amendment Bill (H.B. 8, 2021) be now read a second time – The Vice President and Minister of Health and Child Care.

On the motion of Hon. Dr. Nyashanu, seconded by Hon. Hon. Tekeshe: Debate adjourned until tomorrow.

On the motion of Hon Dr. Nyashanu seconded by Hon. Tekeshe: The House adjourned at nineteen minutes to five o`clock pm.

HON. ADVOCATE J. F. N. MUDENDA,

Speaker.

WEDNESDAY, 8TH JUNE, 2022

QUESTIONS FOR ORAL ANSWERS

QUESTIONS WITHOUT NOTICE.

* QUESTIONS WITH NOTICE.

*1. Hon Hamauswa: To ask the Minister of Mines and Mining Development to inform the House whether it is true that the Ministry awarded a Chinese company rights to mine in Warren Park and if so, the Minister to confirm:

a) Whether the affected residents were engaged on this development.
b) What measures were put in place to ensure that the people of Warren Park would

not be negatively affected by the mining activities considering that extraction of

gravel poses devastating health hazards to the community.

[Deferred 2nd March 2022]

*2. Hon. M. M. Mpofu: To ask the Minister of Mines and Mining Development to inform the House

a) whether or not Mwana Africa is in a position to renew tribute agreements countrywide considering that the company has a stake in half of the country`s gold claims where economic livelihoods of rural communities are depended on;

b) What the Ministry considers as practicable and sustainable in as far as employment creation, with the 2030 vision in mind, is concerned.

[Deferred 9th March 2022]

*3. Hon. G. Sithole: To ask the Minister of Home Affairs and Cultural Heritage to inform the House when government will transform the Dungwiza Cave situated at Chaminuka Shrine to a Historical Site that can bring revenue to the Chitungwiza.

[Deferred 4th May, 2022]

*4. Hon. Mokoene: To ask the Minister of Home Affairs and Cultural Heritage to inform the House;

a) when will the production of passports resume at Gwanda Provincial Passport Office.
b) measures taken to fight an increase of robberies in Gwanda town.

[Deferred 18th May, 2022]

*5. Hon. Nyabote: To the Minister of Industry and Commerce to inform the House what progress have been made in promoting value addition of raw granite stone considering the June 2019 government policy pronouncement banning the export of raw granite stones.

[Deferred 16th March 2022]

*6. Hon. Mayihlome: To ask the Minister of Health and Child Care to inform the House when Esigodini Hospital’s Pharmacy will offer 24 hour services considering that patients seek medical attention throughout the day.

[Deferred 6th April 2022]

7*. Hon. G. Sithole: To ask the Minister of Health and Child Care to inform the House;

what measure are in place to ensure that Chitungwiza General Hospital has adequate medication and working cancer treatment facilities
what measures are put in place to ensure that Makoni Maternity Clinic is adequately capacitated with child delivery necessities.

[Deferred 4th May, 2022]

*8. Hon. Chibhangu: To ask the Minister of Health and Child Care to explain to the House:

a) when will the government upgrade Mushumbi Clinic to a district hospital.
b) when will the Ministry procure adequate beds, medical facilities and furniture at Angwa Clinic in Mbire.

[Deferred 18th May, 2022]

*9. Hon. Gandawa: To ask the Minister of Land, Agriculture, Water, Fisheries and Rural Development to inform the House how many boreholes the Ministry intends to drill in Hurungwe North in the year 2022 and 2023 against a national target of 35 000 boreholes.

[Deferred 4th May, 2022]

*10. Hon. G. Sithole: To the Minister of Justice, Legal and Parliamentary Affairs to inform the House;

what plans are there to ensure that citizens in Diaspora can also cast their vote in national elections.
what corrective measures are in place to ensure that Zimbabwe Electoral Commission does not continue to move voters from their registered polling station without their consent.

[Deferred 4th May, 2022]

*11. Hon. Mokoene: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House plans available to relocate Gwanda Prison to a more specious area considering that the place is now overcrowded.

[Deferred 18th May, 2022]

*12 Hon. Ncube E: To ask the Minister of Public Service, Labour and Social Welfare to explain to the House government policy regarding supporting persons with disabilities, making a living through begging on the streets, usually accompanied by minors.

[Deferred 18th May, 2022]

ORDERS OF THE DAY AND NOTICES OF MOTIONS

Hon Shamu

Hon C Moyo

That this House takes note of the Second Report of the Portfolio Committee on Foreign Affairs and International Trade on the Visit to Dubai Expo (S.C 18, 2022)

Mokone

Hon. Shamu

[Days elapsed: 13]

That this House takes note of the Report of the Portfolio Committee on Information, Media and Broadcasting Services on the Zimbabwe Digital Migration Project.

(S.C. 8. 2022)

Hon. Gabbuza

Hon. Mnangagwa

[Days elapsed: 12])

That this House takes note of the Second Report of the Portfolio Committee on Energy and Power Development on the Rural Electrification Programme in Zimbabwe [S.C. 44, 2021]

Mnangagwa

Hon. Tsvangirai

[Days elapsed: 9]

That this House takes note of the Report of the 144^th Assembly of the Inter- Parliamentary Union and related meetings held from the 20^th to the 24^th March 2022, Nusa Dua, Bali, Indonesia.

Tongofa

Hon. Saruwaka

[Days elapsed: 9]

That this House takes note of the Report of the Portfolio Committee on Youth, Sport, Arts and Recreation on the state of Youth Centres in Zimbabwe (S.C. 12, 2022)

Hon. Svuure

Hon. S.K. Mguni

[Days elapsed: 9]

That this House takes note of the Report of the Portfolio Committee on Industry and

Commerce on the Fact-finding visits to Projects implemented under the

Industrialisation Programme from 2019 to October 2021 (S.C. 10, 2021)

Hon Mokone

Hon J. Sithole

[Days elapsed: 6]

That this House takes note of the Report of the Portfolio Committee Information, Media and Broadcasting Services on the Benchmarking visit to Kenya on the Legislation and operationalization of Community Radio Stations held from 14 – 20 November 2021 . (S.C. 1 2022).

Hon. T. Moyo

Hon. Madhuku

[Days elaped: 3]

That this House takes note of the Second Report of the Portfolio Committee on Primary and Secondary Education on the Benchmarking visit to Kenya, Zambia and Ghana on education financing (S.C. 16, 2022).

Hon. Nyabani

Hon. Raidza

[Days elapsed: 19]

That this House-

DISTURBED by the excessive and prevalent abuse of drugs by youths countrywide;

NOTING the situation is exacerbated by the unemployment rate among youths who consequently end up spending most of their time idle and end up resorting to taking all sorts of drugs;

CONCERNED that such abuse of drugs has devastating consequences on our future generations and the Nation as a whole;

NOW THEREFORE calls upon the government

To put in place measures that will curb the abuse of drugs by youths through self-help projects so as to keep our youths fully occupied all the time.
Set up rehabilitation centres and Hospitals to assist our youths who are addicted to drugs to the extent of treating such abuse as a way of life.
Legislate for stiffer penalties for the importation of those substances that give rise to incidents of drug abuse in the country.

Hon. Togarepi

Hon. Nguluvhe

[Days elapsed: 16]

That this House-

ACKNOWLEDGING that Zimbabwe is a multi-party democracy that accommodates divergent political views from all Parties in the country;

COGNISANT that such tolerance of all views by Government is not a sign of weakness but the pillar and cornerstone of goodwill as envisaged by our peace loving people all over the country;

NOTING with disdain the deplorable and potentially explosive political gimmicks by forces of negation who always vilify the Government and have the audacity in their stunts to advocate for the perpetuation and perpetration of very illegal and retrogressive sanctions on their own motherland by foreign Governments;

CONCERNED that each time the country gears for Elections such political malcontents rear their ugly heads and start speaking with forked tongues wherein they advocate for sanctions on one hand and still want to participate in fair and free elections on the other hand without any repercussions for their unpatriotic and destructive utterances and calls for the tightening of sanctions;

NOW, THEREFORE, calls upon this House:

To condemn in the strongest of terms such people who have nothing to contribute to our nation other than to call for these unwarranted sanctions on our country.

The banning of holding of Government Office Positions by those who continue to advocate for sanctions against the county and yet still continue to enjoy benefits from such responsibilities.

The banning of the swearing into office of anyone advocating for sanctions against the country.

Hon. Hamauswa

Hon. Mushoriwa

[Days elapsed: 9]

That this House;

AWARE that Section 77 (a) of the 2013 Constitution of Zimbabwe provides that

:every citizen has the right to safe, clean and portable water and the State must take

reasonable legislative and other measures, within the limits of the resources available

to it, to achieve the progressive realization of this right.

WORRIED that the water crisis in Zimbabwe has contributed to the outbreak of

water borne diseases and other unhygienic conditions in society;

DISTURBED that the continuous erratic water supplies within both rural and urban local authorities remain a recipe for disaster especially in the context of the Covid-19 global pandemic; and

NOW, THEREFORE, this House resolves to urgently request for a supplementary budget from Ministry of Finance and Economic Development which will be devoted solely for water and sanitation in the year 2022, in view of the need to maintain hygenic standards especially during the Covid-19 global epidemic.

Adjourned debate on motion of the First Report of the Portfolio Committee on

Budget, Finance and Economic Development on the Petition received from

Zimbabwe Revenue and Allied Workers Trade Union (ZIMRATU) (Adjourned 7th June, 2022- Hon. Dr. Nyashanu)

Questioned proposed:That this House takes note of the First Report of the Portfolio Committee on Budget, Finance and Economic Development on the Petition received from Zimbabwe Revenue and Allied Workers Trade Union (ZIMRATU) on retention of funds and funding model for Zimbabwe Revenue Authority. (S.C.17,2022) - Hon Dr. Nyashanu

Adjourned debate on motion on the First Report of the Portfolio Committee on Primary and Secondary Education on the Inclusive Education Policy (IEP) and Better Schools Programme – Zimbabwe (BSPZ) (S.C. 15, 2022) (Adjourned 19th May, 2022- Hon. T. Moyo)

[Day elapsed: 2]

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Primary and Secondary Education on the Inclusive Education Policy (IEP) and Better Schools Programme – Zimbabwe (BSPZ) (S.C. 15, 2022) – Hon T. Moyo

Adjourned debate on motion on the Report of the Portfolio Committee on Information Communication Technology, Postal and Courier Services on the Benchmarking Visit to Rwanda held from 10th to 15th October 2021 (S.C.6, 2021) (Adjourned 19th May, 2022- Hon. Masango)

[Day elapsed: 2]

Question proposed: That this House takes note of the Report of the Portfolio Committee on Information Communication Technology, Postal and Courier Services on the Benchmarking Visit to Rwanda held from 10th to 15th October 2021 (S.C.6, 2021) – Hon. Masango.

Adjourned debate on the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Petition from the Zimbabwe National Liberation War Veterans Association-Harare Province, calling for the Amendment of the State Services (Pensions) (Uniformed Forces) (Amendment) Regulations (Number 17 Statutory Instrument 257 of 2020 (S. C. 3, 2022) (Adjourned 18th May 2022- Hon. Mayihlome)

[Day elapsed:2]

Question proposed: That this House takes note of the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Petition from the Zimbabwe National Liberation War Veterans Association-Harare Province, calling for the Amendment of the State Services (Pensions) (Uniformed Forces) (Amendment) Regulations (Number 17 Statutory Instrument 257 of 2020 (S. C. 3, 2022)- Hon. Mayihlome

Adjourned debate on motion on the Report of the Portfolio Committee on Mines

and Mining Development on a self-assessment of the Diamond Sector in Zimbabwe

(S.C. 12, 2022) – (Adjourned 17th May 2022- Hon. Mutambisi)

[Days elapsed: 4]

Question proposed: That this House takes note of the motion of the Portfolio Committee on Mines and Mining Development on a self-assessment of the Diamond Sector in Zimbabwe (S.C. 12, 2022) – Hon. Mkaratigwa

Adjourned debate on motion on the Report of the Public Accounts Committee on the Covid-19 pandemic, Financial Management and Utilisation of Public Resources in the Country’s Provinces by Ministeries, Departments and Agencies (S.C. 13, 2022) –

(Adjourned 12th May 2022- Hon. Togarepi)

[Days elapsed: 6]

Question proposed: That this House takes note of the Report of the Public Accounts Committee on the Covid-19 pandemic, Financial Management and Utilisation of Public Resources in the Country’s Provinces by Ministeries, Departments and Agencies (S.C. 13, 2022) - Hon. Mbondiah

Adjourned debate on motion on the Report of the Joint Portfolio Committees on

Higher and Tertiary Education, Innovation, Science and Technology Development and Women Affairs, Community and Small to Medium Enterprise Development on an Enquiry into the Prevalence of Sexual Harassment in Higher and Tertiary Education Institutions (S.C. 1, 2022) – (Adjourned 4th May, 2022- Deputy Minister of Foreign Affairs and International Trade)

[Days elapsed: 9]

Question proposed: That this House takes note of the Report of the joint Portfolio Committees on Higher and Tertiary Education, Innovation, Science and Technology Development and Women Affairs, Community and Small to Medium Enterprise Development on an Enquiry into the Prevalence of Sexual Harassment in Higher and Tertiary Education Institutions (S.C. 1, 2022) – Hon. Maphosa

Adjourned debate on motion on the Report of the Portfolio Committee on fact-

finding visits to Sable Chemicals, Lancashire Steel and ZISCO Steel (S.C. 3, 2021) –

(Adjourned 3rd May 2022- Hon. T. Moyo)

[Days elapsed: 10]

Question proposed: That this House takes note of the Report of the Portfolio Committee on Industry and Commerce on the fact-finding visits to Sable Chemicals, Lancashire Steel and ZISCO Steel (S.C. 3, 2021) – Hon. S.K. Mguni

Adjourned debate on motion on the Report of the Delegation to the United Nations Climate Change Conference – (Adjourned 15th March, 2022- Hon Musarurwa).

[Days elapsed: 17]

Question proposed: That this House takes note of the Report of the Delegation to the United Nations Climate Change Conference held in Glasgow, Scotland from 31st October to 12th November, 2021 (S.C. 1, 2021) -Hon Musarurwa

Adjourned debate on motion on the First Report of the Portfolio Committee on Energy and Power Development on the Operations of the Zimbabwe Electricity Supply Authority – (Adjourned 10th March, 2022- Hon T. Moyo).

[Days elapsed: 19]

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Energy and Power Development on the Operations of the Zimbabwe Electricity Supply Authority (S. C. 23, 2021) - Hon Gabbuza.

The Minister of Justice, Legal and Parliamentary Affairs:

That this House takes note of the Report of the Zimbabwe Electroral Commission for the year 2021, presented to this House of Parliament in terms of section 323(1) of the Constitution of Zimbabwe.

Committee: To resume on the Insurance and Pensions Commission Amendment Bill (H.B. 6, 2021) – (Progress reported 5th May, 2022- The Minister of Finance and Economic Development)

(Clause 4 under consideration)

(See Notice of Amendments)

Adjourned debate on motion on the Second Reading of the Copper Control Amendment Bill, (H. B. 3, 2021) - The Minister of Home Affairs and Cultural Heritage. (Restored 2nd November, 2021 – The Minister of Justice, Legal and Parliamentary Affairs)

Question proposed: That the Copper Control Amendment Bill, (H. B. 3, 2021) be now read a second time - The Minister of Home Affairs and Cultural Heritage,

Adjourned debate on the motion on the Second Reading of the Police Amendment Bill, (H. B. 2, 2021)- The Minister of Home Affairs and Cultural Heritage. (Restored 2nd November, 2021 – The Minister of Justice, Legal and Parliamentary Affairs)

Question proposed: That the Police Amendment Bill, (H. B. 2, 2021) be now read a second time - The Minister of Home Affairs and Cultural Heritage.

Second reading: Public Finance Management Amendment Bill (H.B. 4, 2021) – The Minister of Finance and Economic Development.

Adjourned debate on motion on the Second reading of the Health Services Amendment Bill (H.B. 8, 2021) – (Adjourned 7th June, 2022 - Hon. Dr. Nyashanu)

Question proposed: That the Health Services Amendment Bill (H.B. 8, 2021) be now read a second time – The Vice President and Minister of Health and Child Care.

Adjourned debate on motion on the Second Reading of the Private Voluntary Organisations Amendment Bill (H. B. 10, 2021) – (Adjourned 17th May 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

Question proposed: That the Private Voluntary Organisations Amendment Bill (H. B. 10, 2021) be now read a second time - The Minister of Public Service, Labour and Social Welfare.

Second Reading: Children’s Amendment Bill (H. B. 12, 2021) – The Minister of Public Service, Labour and Social Welfare.

Second Reading: Child Justice Bill (H. B. 11, 2021) – The Minister of Justice, Legal and Parliamentary Affairs.

Second Reading: Labour Amendment Bill (H. B. 14, 2021) – The Minister of Public Service, Labour and Social Welfare.

32. Adjourned debate on motion on the Second reading of the Insurance Bill (H.B.1, 2021) - (Adjourned 12th April, 2022- The Deputy Minister of Finance and Economic Development).

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

Adjourned debate on motion on the Annual Report of the Judicial Service Commission for the year 2021, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe. (Adjourned 7th April, 2022 – Hon. Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 11]

Question proposed: That this House takes note of the Annual Report of the Judicial Service Commission for the year 2021, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe- Hon. Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on the Annual Report of the National Peace and Reconciliation Commission for the year 2021, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe. (Adjourned 7th April, 2022 – Hon. Minister of Justice, Legal and Parliamentary Affairs

[Days elapsed: 13]

Question proposed: That this Annual House takes note of the Report of the National Peace and Reconciliation Commission for the year 2021, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe. Hon. Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on the motion on the Annual Report of the Zimbabwe Human Rights Commission for the year 2020, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe. (Adjourned 7th April, 2022 – Hon. Minister of Justice, Legal and Parliamentary Affairs)

[Days elapsed: 15]

Question proposed: That this House takes note of the Annual Report of the Zimbabwe Human Rights Commission for the year 2020, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe. Hon. Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on the motion on the Annual Report of the Zimbabwe Human Rights Commission for the year 2021, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe. (Adjourned 7 th April, 2022 – Hon. Minister of Justice, Legal and Parliamentary Affairs)

[Days elapsed: 13]

Question proposed: That this House takes note of the Annual Report of the Zimbabwe Human Rights Commission for the year 2021, presented to this House in terms of section 323(1) of the Constitution of Zimbabwe. Hon. Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on motion on the Annual Report of the Zimbabwe Anti-Corruption Commission for the year 2020 (Adjourned 10th March, 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

[Days elapsed: 19]

Question proposed: That this House takes note of the Annual Report of the Zimbabwe Anti-Corruption Commission for the year 2020, presented to this House of Parliament in terms of section 323(1) of the Constitution of Zimbabwe – The Minister of Justice, Legal and Parliamentary Affairs

Adjourned debate on motion in reply to the Presidential Speech (Adjourned 17th May, 2021- Hon. Mutambisi)

[Days elapsed: 48]

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 Mutambisi

Committee of Supply.

NOTICE OF AMENDMENTS

Insurance and Pension Commission Amendment Bill, 2021 (H. B. 6, 2021)

INSERTION OF NEW CLAUSE

BY THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT

On page 4 after line 13 of the Bill, above the clause 4 (“Functions and Powers of the Commission”), insert the following clause:—

“4 Delegation of functions by Commissioner

(1) Subject to the Insurance and Pension Commission Act [Chapter 24:09], the Commissioner may delegate to any officer employed by the Commission any functions that is conferred or imposed upon him or her by this Act, other than this power of delegation.

(2) Any officer to whom a function has been delegated in terms of subsection (1) shall exercise it subject to the Commissioner’s directions.

(3) A delegation in terms of subsection (1) —

may be revoked or modified by the Commissioner at any time; and
shall not preclude the exercise by the Commissioner of the functions so delegated.

(4) Anything done by an officer in the exercise of a function delegated to him or her by the Commissioner in terms of subsection (1) —

may be set aside or revised, subject to this Act, by that officer or by the Commissioner; and
shall be deemed, until set aside, to have been done by the Commissioner.

(7) This section shall be construed as being additional to and not as derogating from, the Commissioner’s powers of delegation under any other law.”

And to renumber subsequent clauses accordingly

Police Amendment Bill, (H B 2, 2021)

INSERTION OF NEW CLAUSE

by hon. mayihlome

The Bill is amended by the insertion of the following clauses before clause 15 in line 7 of

page 5—

“15. Amendment of section 35 of Cap 11:10

Section 35 of the principal Act is amended by the insertion after subsection (3) of the following subsection—

(4) The officer or board of officers, as the case may be, presiding at a trial in terms of this Act, shall have powers to issue a warrant of arrest against any accused member who fails to appear before such a court of a single officer or board of officers without just cause:

Provided that such accused member has been summoned, notified or warned to appear before such officer or board of officers.”.

INSERTION OF NEW CLAUSES

The Bill is amended by the insertion of the following clauses before clause 19 in line 28 of

page 5—

“19. New section inserted in Cap 11:10

The principal Act is amended by the insertion of the following section after section 61—

61A. Protection of Police property

(1) The Minister may, by notice in a statutory instrument, declare and make known what mark or marks applied to any arms, clothing, equipment, animal, vehicle, aircraft or boat shall denote the property of the Police Service therein.

(2) Any person who—

with fraudulent intent, applies to any arms, clothing, equipment, animal, vehicle, aircraft or boat any mark referred to in subsection (1); or
fraudulently defaces or conceals any mark referred to in subsection (1) on any arms, clothing, equipment, animal, vehicle, aircraft or boat; or
unlawfully receives, possesses, sells or delivers any arms, clothing, equipment, animal, vehicle, aircraft or boat bearing any mark referred to in subsection (1) or forbid den by or under this Act to be sold, pledged or otherwise dis posed of;

shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(3) In any prosecution for a contravention of subsection (2) the burden of proving that he had no fraudulent intent in applying, defacing or concealing any mark referred to in subsection (1) or, as the case may be, that the receipt, possession, sale or delivery of any arms, clothing, equipment, animal, vehicle, aircraft or boat was lawful shall lie upon the accused.

Repeal and substitution of section 66 of Cap 11:10

Section 66 of the principal Act is repealed and substituted by—

Wearing of uniforms, badges, etc of Police Force

(1) In this section—

“uniform” means any article or apparel including a badge, button, braid

or insignia worn with any particular items of clothing and tie designed for the Police Service.

(2) No person shall be allowed to be in possession of, manufacture, trade, sale, exchange or dispose of or wear any uniform designed for the Police Service or anything which might reasonably be mistaken for any such uniform or as to be likely to deceive, unless the person—

is a member of the Police Force entitled by reason of his appointment, rank or designation to wear such uniform, badge or button; or
has been granted permission by the Commissioner to wear such uniform, badge or button.

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

and the subsequent clauses shall accordingly be renumbered.

Amendment of Clause 20

Clause 20 of the Bill is amended in line 39 of page 5 by the insertion of sub-clause (2)

after paragraph (c)—

“(2) Section 72 (“Regulations”) of the principal Act is amended in subsection (2) by the insertion of paragraph (o) after paragraph (n)—

(o) the appeals procedure of the decision made by the delegate of the Commissioner-General on matters regarding any policy, directive, Standing Orders or Regulations.”.

Copper Control Amendment Bill, (H B 3, 2021)

AMendment of clause 7

The Bill is amended in clause 7 on page 3 in line 7 by the deletion of “imprisonment for

a period not exceeding ten years, or both” and the substitution of “twice the value of the stolen

copper whichever is the greater; or to imprisonment for a period not exceeding 25 years or

both”.

Private Voluntary Organisations (Amendment) Bill, 2021(H B. 10, 2021)

amendment of Clause 2

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

On page 1 of the Bill, in Clause 2 —

in paragraph (a)(i) before the definition of “funds or other assets” of the following—

“Financial intelligence Unit” or Unit means the financial intelligence unit referred to in section 6A of the Money Laundering and Proceeds of Crime Act [Chapter 9:24];

“Office” refers to the Office of the Registrar of Private Voluntary Organisations;

in paragraph (b) by the deletion of subclauses (4)-(7).

AMENDMENT of Clause 3

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

On page 3 of the Bill, by the deletion of clause 3 and substitution of the clause as follows—

“ New Parts substituted for Part II of Cap. 17:15

Part II of the principal Act is repealed and the following is substituted—

PART II

Office of the Registrar of Private Voluntary Organisations

3 Office of the Registrar of Private Voluntary Organisations

(1) There shall be an Office of the Registrar of private voluntary organisations in the Ministry responsible for social welfare, in which shall be lodged the register of private voluntary organisations.

(2) The Office shall be headed by a Registrar who shall exercise general supervision and direction of the registry and shall be assisted by one or more assistant Registrars, inspectors and such other officers as may be necessary for the proper administration of this Act, whose offices shall be public offices and form part of the Public Service:

Provided that until an appointment of a Registrar is made, the person for the time being holding the office of Director of Social Welfare shall be the Registrar.

(3) Subject to this Act, the Registrar shall—

consider and determine every application for registration and every proposed cancellation or amendment of a certificate of registration; and
hear representations by any association, organization or institution claiming entitlement to be registered as a private voluntary organization; and
advise the Minister and registered private voluntary organizations in respect of any matter arising out of the administration or operation of this Act or any other matter referred to it by the Minister or the Registrar; and
to promote and encourage the co-ordination of the activities of registered private voluntary organisations having similar or related objects; and
to submit to the Minister an annual report concerning the administration and operation of this Act; and
maintain at his or her office a Register of Private Voluntary Organizations in which he or she shall enter all such particulars in relation to the registration of private voluntary organizations and their constitutions as he or she is required to enter by or in terms of this Act or any other enactment or decision of the Court;

(4) The Register shall be open to inspection during office hours by any member of the public on payment of the prescribed fee, if any.

(5) Subject to the directions of the Registrar, the other officers referred to in subsection (1) shall perform such of the Registrar’s functions as the Registrar may assign to them.

(6) The Registrar shall have power to delegate any of his or her powers to any officer other than the power of delegation.

(7) The Registrar may in writing authorise an assistant registrar, inspector or other officer referred to in subsection (2) to exercise any of the functions of a Registrar under this Act.

(8) Subsection (7) shall not be construed as limiting the power of the Chief Registrar of Companies and Other Business Entities to delegate functions under any other law.

(9) The Chief Registrar shall provide every inspector with a document identifying him or her as an inspector, and the inspector shall produce it on request by any interested person.

PART IIA

Private Voluntary Organisations Forum

4 Private Voluntary Organisations Forum

(1) The Registrar shall annually, on a date and at a venue to be notified not less than three months beforehand in the Gazette, organise, convene and host a Private Voluntary Organisations Forum to discuss any issue or issues of concern generally to private voluntary organisations:

Provided that the venue of the Private Voluntary Organisations Forum shall rotate annually through every provincial centre of Zimbabwe in such order as the Registrar shall determine.

(2) The notice of intention to organise, convene and host the Forum shall include the following—

the proposed venue or venues and the proposed date or dates for the Forum; and
the proposed agenda for the Forum, if any; and
an invitation to relevant stakeholder organisations and other persons interested in issues of concern generally to private voluntary organisations to submit—
suggestions for topics to be included in the agenda for discussion at the Forum; and
lists of proposed participants at the Forum, specifying for each proposed participant what credentials he or she possesses that may be of benefit to the Forum’s deliberations.

(3) Before publishing a notice in terms of subsection (1) the Registrar shall constitute (whether on

a permanent or ad hoc basis) a committee (“the Pre-Forum committee”) of the Forum with the following terms of reference—

to draw up a proposed agenda for the Forum; and
to advise the Registrar on the financial, organisational and logistical requirements for convening and hosting the Forum; and
to solicit financial support or sponsorship from the State, the private and parastatal sectors and

civil society organisations to enable the Forum to be convened; and

receive reports from the subcommittees (if any) constituted in terms of subsection (4).

(4) To assist the Pre-Forum Committee in discharging its terms of reference the Registrar may constitute a subcommittee in every provincial centre of Zimbabwe chaired by a member of the Pre-Forum

Committee.

(5) On the establishment of a committee, the Registrar—

shall appoint at least one officer of the Office as a member of the committee, and that officer or, if two or more officers of the Office are so appointed, one of those officers, as the case may be, shall be chairperson of the committee; and
may appoint as members of the committee persons who are not members of the Office and may fix terms and conditions of their appointment.

(3) Meetings of a committee may be convened at any time and at any place approved by the Registrar.

(4) If the chairperson of a committee is absent from any meeting of the committee, the members present may elect one of their number to preside at that meeting as chairperson.

(5) A majority of members of a committee shall form a quorum at any meeting of a committee.

(6) Anything authorised or required to be done by a committee may be decided by a majority vote at a meeting of the committee at which a quorum is present.

(7) At all meetings of a committee each member present shall have one vote on each question before

the committee:

Provided that in the event of an equality of votes the chairperson or person presiding at the meeting

shall have a casting vote in addition to his or her deliberative vote.

(8) Subject to this section, the procedure to be followed at any meeting of a committee shall be as fixed by the Registrar.

(9) The Registrar shall cause minutes of all proceedings of and decisions taken at every meeting of the Pre-Forum Committee to be entered in books kept for the purpose.

(10) Any minutes which purport to be signed by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the Pre-Forum Committee or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned.

(11) The person presiding at the meeting shall cause copies of all minutes that have been signed to be sent to the Registrar for his or her information.

(12) After publishing a notice in terms of subsection (1) the Pre-Forum committee shall—

draw up a proposed final agenda for the Forum; and
select from the lists referred to in subsection (2)(c)(ii) a proposed final list of participants at the Forum; and
transmit its proposals made under paragraphs (a) and (b) to the Registrar, whose decision on

these issues shall, subject to section 16, be final.

5 Conduct of Private Voluntary Organisations Forum

(1) For the purpose of conducting a Gender Forum the Registrar shall constitute (whether on a

permanent or ad hoc basis) a committee (“the Forum committee”) of the Office of the Registrar with the following terms of reference—

to ensure the smooth and efficient conduct of the Forum; and
to keep minutes of or record the proceedings of the Forum, or to cause the proceedings of the

Forum to be minuted or recorded.

(2) The conclusions of every Gender Forum shall be embodied in written resolutions for presentation to the Minister.”

Insertion of new Clause 3a

By the Minister of Public Service, Labour and Social Welfare

On page 4 of the Bill, by the insertion after clause 3 of the following clause—

“3A Amendment of Section 7 of Cap. 17:05

Section 7 (“Partial exemptions of private voluntary organisations”) is amended—

in subsections (1) by the deletion of “and after consultation with the Board”;
in subsection (2) by the deletion of “in consultation with the Board”
in subsection (4) by the deletion of “level three” and substitution of “level five””

Insertion of new Clause 3B

By the Minister of Public Service, Labour and Social Welfare

On page 4 of the Bill, by the insertion after clause 3A of the following clause—

“3B Amendment of Section 8 of Cap. 17:05

Section 8 (“Temporary Authority to collect contributions”)is amended in subsection (1) by the deletion of “after consultation with the chairman of the Board”

Insertion of new Clause 3C

By the Minister of Public Service, Labour and Social Welfare

On page 4 of the Bill, by the insertion after clause 3B of the following clause—

“3C New section substituted for section 6 of Cap. 17:15

Section 6 (“Private Voluntary Organisations to be registered”) of the principal Act is repealed and the following is substituted —

Private Voluntary Organisation to be registered

6(1) In this section—

“sanctionable trust” means a trust that may be dealt with by the Registrar in terms of subsection (7) on the basis that it is reasonably suspected of being in violation of subsection (2).

(2) No trust, body, or association of persons corporate or unincorporate or any institution—

whose objects or any of them include any of the objects specified in paragraphs (a) to (h) of the definition of “private voluntary organisation”; and
is not exempted by virtue of any of the sub-paragraphs (i)- (x) of the definition of “private voluntary organisation”;

shall, to the extent that it does not exclusively use its own funds or assets (that is to say, funds or assets generated by its own investments or other gainful activities carried on by itself) but instead—

seeks or obtains financial assistance from any source within or outside Zimbabwe; or
collects contributions from the public, for the fulfilment or purported fulfilment of those objects;

shall commence or continue to carry on its activities unless it has been registered in terms of this Act (even if it is a trust registered with the High Court referred to in sub-paragraph (iii) of the definition of “private voluntary organisation” in section 2).

(3) No person shall collect contributions from the public except in terms of this Act.

(4) No person (other than a trustee of a sanctionable trust in respect of which no action by the Registrar in terms subsection (7) has yet been taken) shall in any manner take part in the management or control of a private voluntary organisation, knowing that the organisation is contravening subsection (2).

(5) Any person (other than a trustee of a sanctionable trust referred to in subsection (4)) who contravenes subsections (2), (3) or (4) shall be guilty of an offence and liable—

in the case of a contravention of subsection (2), to a fine not exceeding level twelve or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment;
in the case of a contravention of subsection (3), to a fine not exceeding level twelve or to imprisonment for a period not exceeding one year one years or to both such fine and such imprisonment;
in the case of a contravention of subsection (4), to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(6) No unregistered private voluntary organization shall be entitled to receive a grant from the State.

(7) The Registrar may in respect of any sanctionable trust dispatch to the trustee or any of the trustees of the trust in question, a written notice setting forth the basis on which the Registrar reasonably suspects the trust of being in violation of subsection (2) and requiring that the trustee commence within thirty (30) days the registration of the trust as a private voluntary organization in terms of this Act.

(8) Any trustee who having received a notice in terms of subsection (7) fails to comply with such notice shall, together with any other person who is a joint trustee of the trust in question, be guilty of an offence and liable to a fine not exceeding level ten or imprisonment not exceeding six months or to both such fine and such imprisonment, and the trust in question shall (even if no trustee is prosecuted under this subsection) be guilty of an offence in terms of subsection (2), and depending on the circumstances, subsections (3) and (4).

(9) Notwithstanding the common law, a trust together with its trustees can be charged jointly in respect of any offence alleged to have been committed by it and its trustees against subsections (2), (3) or (4).

(10) A trustee served with a notice under subsection (7) shall have a right within fourteen days of the date when the notice was dispatched to make written representations to the Registrar to have the notice withdrawn on the basis that the notice was made in error and if the Registrar—

accepts such representations, the Registrar shall notify to the trustee in writing, of the withdrawal of the notice; or

rejects such representations the Registrar shall notify the trustee in writing accordingly and the thirty (30) day period within which the trustee must take the actions specified in subsection (7) commences from the date of the notification of such rejection.”

substituion of Clause 4

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

On page 4 of the Bill, by the deletion and substitution of clause 4 as follows—

“4 Amendment of section 9 of Cap 17:05

Section 9 (“Registration”) of the principal Act is amended—

in section 9(1) by the insertion of “and a prescribed fee.” after “constitution of the organisation.” ;
by the insertion of the following new subsection—

“(1a) In addition to the requirements in subsection (1) the Registrar shall require particulars as shall be prescribed, including information related to beneficial ownership and persons in control of the private voluntary organisation.”;

in subsection (3) by the deletion of “submit any such objection to the Board for consideration” and the substitution of “submit any such objection to the Board for consideration” and substation of “take such objection into consideration.”;
by the repeal of subsection (5) and substitution as follows—

“(5) Where the Registrar is satisfied that the requirements referred to in subsections (1), (2), (3) and (4) have been complied with, he or she shall consider the application, together with the constitution of the organization, any objection to the grant of the application and any further information supplied in connection with the application may—

after considering the application, grant it and issue to the organization concerned a certificate of registration subject to such conditions as he or she may impose; or
reject the application if it appears to the hi, or her that—
the organization is not bona fide operating in furtherance of the objects mentioned in its application for registration; or
the organization does not, in respect of its constitution or management, or any other information required to be provided by the Registrar comply with the provisions of this Act.”;
in subsection (6) by the deletion of “Board” and substitution of “Registrar”.

substitution of Clause 5

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

On page 4 of the Bill, by the deletion and substitution as follows—

“5 Amendment of Section 10 of Cap. 17:05

Section 10 (Cancellation or amendment of certificate”) of the principal Act is amended as follows—

in subsection (1) by the deletion of “Board” and the substitution of “Registrar”;
in subsection (1)(a) by the repeal of paragraph (a) and substitution as follows—

“(a) on any ground, other than a ground referred to in section 9(5)(b) (i) or (ii) upon which he could have rejected an application for registration by the organisation concerned ;or”;

in paragraph (f)(ii) by the deletion of “three” and substitution of “one”;
in subsection (2) in the chapeaux by the deletion of “Board may at any time direct the Registrar” and substitution of “Registrar may at any time”;
in subsection (2)(b) by the deletion of “Board” and the substitution of “Registrar”;
in subsection (4)by the deletion of “three” and the substitution of “twenty-one days”;”

INSERTION OF NEW CLAUSE 6A

By the Minister of Public Service, Labour and Social Welfare

On page 5 of the Bill, by the insertion after clause 6 of the following clause—

“6A New section substituted for section 14 of Cap. 17:15

Section 14 (“Appeals”) of the principal Act is repealed and the following section is substituted—

“14 Appeals

(1) Any private voluntary organization which is aggrieved by any decision of the Registrar relating to the rejection, either wholly or in part, of an application for registration or exemption or to the cancellation, amendment, surrender or restoration of a certificate of registration or exemption, may appeal against that decision to the Minister.

(2) Upon an appeal the Minister may––

(a) uphold the decision of the Registrar; or

(b) refer the decision back to the Registrar for re-consideration;(whether with or without directions on how the decision is to be reconsidered) on any one or more of the following grounds¾

allowing extraneous or irrelevant considerations to affect the decision; or
failure to take into account relevant considerations in arriving at the decision; or
any material mistake of fact or law that tainted the decision; or
interest in the cause, bias, malice or corruption on the part of any person involved in making or contributing to the decision;
gross irregularity in the proceedings or the decision of any person involved in making or contributing to the decision.”

INSERTION OF NEW CLAUSE 6B

By the Minister of Public Service, Labour and Social Welfare

On page 5 of the Bill, by the insertion after clause 6A of the following clause—

“6B Amendment of section 18 of Cap. 17:05

The principal Act is amended in section 18 (“Branches not controlled by private voluntary organisations”) by the deletion of “after consultation with the Board” .

INSERTION OF NEW CLAUSE 6C

By the Minister of Public Service, Labour and Social Welfare

On page 5 of the Bill, by the insertion after clause 6B of the following clause—

“6C Amendment of section 19 Cap. 17:05

The principal Act is amended in section 19 (“Audit of accounts”) in the proviso by the deletion of “Board” and substitution of “Registrar”.

INSERTION OF NEW CLAUSE 6D

By the Minister of Public Service, Labour and Social Welfare

On page 5 of the Bill, by the insertion after clause 6C of the following clause—

“6D Amendment of Section 20 of Cap. 17:05

The principal Act is amended in section 20 (“Inspections and examination of accounts”)by the deletion of the chapeaux in subsection (1) with the substitution of the following—

The Registrar, or any of the Office’s inspectors shall be empowered—"

Insertion of new Clause 6E

By the Minister of Public Service, Labour and Social Welfare

On page 5 of the Bill, by the insertion after clause 6D of the following clause—

“6E Insertion of New Part in Cap.17:05

The principal Act is amended by the insertion of a new Part after Part III as follows—

Part IIIA

Conduct of Private Voluntary Organisations

20A Principles governing private voluntary organisations

(1) Every private voluntary organisation shall endeavour to conduct itself and its operations in accordance with the following principles namely that—

to ascertain the identity of donors and the sources of donations:

Provided that if the donor is anonymous, the private voluntary organisation must satisfy itself by other means that the donor is acting in good faith within the law and that the donation is made in good faith without intent to evade the law;

to refuse donations from illegitimate or immoral sources and to report to the Registrar and the appropriate authorities any such donation of which it becomes aware;
to ensure that its resources and every donation is used for the charitable objects for which the private voluntary organisation is registered;
to account transparently to its stakeholders including its donors and beneficiaries for the manner in which it distributes its funds and implements its programmes;
to use formal channels (that is to say registered banking institutions or other financial intermediaries regulated in Zimbabwe or in any other state) for the transmission of its funds at every point from source to destination;
not to discriminate between beneficiaries on the grounds of nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock:

Provided that it shall not be deemed to be discriminatory for a private voluntary organisations to favour beneficiaries of a particular group if its express object or one of its express objects is to benefit any disadvantaged group or members of such group of a particular description in terms of ethnicity, social origin, language, class, religious belief, custom, culture, sex, gender, marital status, age, pregnancy, disability, economic or social status, or persons born out of wedlock;

not to conduct themselves in any politically partisan manner whether by using its resources to benefit members of a particular affiliation or making any test of the political allegiance of its beneficiaries;
to be sensitive generally to the cultural values and norms of the community in the area where they will be primarily operating;
to economically and socially benefit the community in the area where they will be operating;
in as far as possible to employ personnel who are Zimbabwean citizens or permanent residents as members of their staff;
the implementation of fair and safe labour practices;”

INSERTION OF NEW CLAUSE 9A

By the Minister of Public Service, Labour and Social Welfare

On page 10 of the Bill, insert a new clause as follows—

“9A New section inserted in Cap. 17:15

The principal Act is amended by the insertion after section 22A of the following sections—

22B Co-operation with foreign counterpart authorities

(1) The President, or the Minister with the President’s authority, may enter into agreements with the Government of any other country or territory with a view to the rendering of reciprocal assistance in any or all of the following—

the registration of private voluntary organisations and the exchange of information related thereto;
the exchange of information and the rendering of mutual assistance related to the combating of the transnational abuse of private voluntary organisations form for criminal purposes, the monitoring of the quality of the assistance given and the keeping of records of requests for information or assistance and of the responses thereto;
the administration of any office or offices that are a counterpart to the Office of the Registrar of Private Voluntary Organisations, including the mutual secondment and training of the staff of the Office and such offices.

(2) In particular, an agreement referred to in subsection (1) may empower the Registrar or the financial intelligence unit of the Reserve Bank, on his or her or its own behalf or on behalf of any law enforcement agency, to seek beneficial ownership or other information in respect of any company from the foreign counterpart, and, likewise, may provide beneficial ownership or other information in respect of any company to the foreign counterpart.

(4) The President may at any time revoke any such proclamation by a further proclamation in the Gazette, and the agreement shall cease to have effect upon the date fixed in such latter proclamation, but the revocation of any proclamation shall not affect the validity of anything previously done thereunder.

(5) Any agreement referred to in subsection (1) may be made with retrospective effect if the President considers it expedient so to do.

22C Information sharing on private voluntary organisations of concern with foreign counterpart authorities

(1) In this section—

“private voluntary organisation of concern” means a private voluntary organisation suspected of terrorist financing or involvement in other forms of terrorist support.

(2) The FIU, may in consultation with the Registrar enter into agreements with a counterpart agency of another Government of any other country or territory with a view to the exchange of information and the rendering of mutual assistance related to the combating of the transnational abuse of private voluntary organisations form for criminal purposes, the monitoring of the quality of the assistance given and the keeping of records of requests for information or assistance and of the responses thereto.

(3) In particular, an agreement referred to in subsection (1) may empower the Registrar or the Financial Intelligence Unit of the Reserve Bank, on his or her or its own behalf or on behalf of any law enforcement agency, to seek beneficial ownership or other information in respect of any private voluntary organisation from the foreign counterpart, and, likewise, may provide beneficial ownership or other information in respect of any company to the foreign counterpart.

(5) Any agreement referred to in subsection (1) may be made with retrospective effect.

(6) For the avoidance of doubt, the FIU shall be the point of contact to respond to international requests relating to private voluntary organisations of concern.

22D Minister may give policy directions to Registrar

(1) Subject to subsection (2), the Minister may give the Registrar such general directions relating to the policy the Registrar is to observe in the exercise of his or her functions as the Minister considers to be necessary in the national interest, which policy directions must¾

(a) not be inconsistent with any provision of this Act; and

(b) be issued in good faith, apply prospectively and not retrospectively, and be of general applicability; in particular the policy directions¾

(i) must not be issued in relation to any particular application or appeal pending before the Registrar and must not apply so as to influence or direct the Registrar on the outcome of any particular application, appeal or other matter that is being considered by the Registrar immediately before the directions are issued, or

(ii) must not prejudice the application of the rules of natural justice by the Registrar in the exercise of his or her quasi-judicial functions;

(d) clearly express the national interest at stake;

(e) must be clear (whether expressly or by necessary implication) that they apply or are in force for a fixed or indefinite period, or that they expire on the happening of any event.

(2) Before giving the Registrar any policy direction, the Minister shall inform the Registrar, in writing, of the proposed direction and the Registrar shall, within thirty days or such further period as the Minister may allow, submit to the Minister, in writing, his or her views on the proposal.

(3) The Registrar shall take all necessary steps to comply with any direction given to it in terms of subsection (1).

(4) When any direction has been given to the Registrar in terms of subsection (1), the Registrar shall ensure that the direction and any views the Registrar has expressed on it in terms of subsection (2) are set out in the Registrar’s annual report.”

INSERTION OF NEW CLAUSE 9B

By the Minister of Public Service, Labour and Social Welfare

On page 10 of the Bill insert a new clause as follows—

9B Amendment of section 23 of Cap. 17:05

The principal Act is amended in section 23 (“General offences and penalties’) by the insertion of the following subsection after subsection (3) as follows—

“(4) Any private voluntary organisation—

that supports or opposes any political party or candidate in a presidential, parliamentary or local government election; or
is a party to any breach of Part III of the Political Parties (Finance) Act [Chapter 2:12] as a contributor of funds to a political party or candidate or otherwise; or
wilfully denies any beneficiary assistance in furtherance of its charitable objects solely on the basis of that beneficiary’s political affiliation, or wilfully makes such assistance conditional upon that beneficiary’s political affiliation; or

shall be guilty of an offence and liable to a fine of level twelve or to imprisonment for a period not exceeding one year, or both such fine or such imprisonment.

(5) Subsection 4 shall not apply to a private voluntary organisation which assists members of disadvantaged groups to become candidates for election to parliament or any local authority:

Provided that such assistance must be afforded in a strictly non-partisan manner.”

SUBSTITUTION OF CLAUSE 10

By the Minister of Public Service, Labour and Social Welfare

On page 10 of the Bill insert a new clause as follows—

10 Amendment of section 28 of Cap. 17:05

Section 28 (“Regulations”) of the principal Act is amended—

by the insertion after paragraph (e) of the following—

“(e1) requirements to be submitted when applying for registration;

(e2) increased monitoring and supervision measures for private voluntary organisations found to be high risk;

(e3) measures of systems that private voluntary organisations can use in order to self regulate and prevent being misused in terms of section 22;

(e4) the disclosures of sources of funding from outside Zimbabwe whether in the application, the audit report or both;

(e5) any other matter of concern to assist in the combating money laundering, terrorist financing and proliferation financing in the area of private voluntary organisations;

(e6) any other measures that promote accountability, integrity and public confidence in the administration and management of private voluntary organisations;

(e7) any other measures in addition to provisions in the law and the Money laundering and proceeds of Crime act or any other enactment to ensure effective coordination and information sharing to the extent possible among all levels of appropriate authorities or organisations that hold relevant information on private voluntary organisations;

(e8) any other matter of concern to ensure efficient regulation of private voluntary organisations.

by the amendment in subsection (2) of “fine of level four” and the substitution of “fine of level

AMENDMENT of Clause 11

BY THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

On page 11 of the Bill, by the deletion of clause 11 and substitution of the clause as follows—

“11 Schedule inserted in Cap. 17:05

The principal Act is amended by the insertion of the following Schedule —

Civil Penalty Orders

arrangement of PARAGRAPHS

Section

Interpretation in Schedule.
Power of Registrar to issue civil penalty orders.
Limitation on issuance and enforcement of civil penalty orders.
Service and enforcement of civil penalties and destination of proceeds thereof.
When hearings on question whether to serve civil penalty orders may be held
Evidentiary provisions in connection with civil penalty orders.
Designated officers.

Interpretation in Schedule

In this Schedule, unless the context otherwise requires—

“citation clause”, in relation to a civil penalty order, is the part of the order in which the Registrar names the defaulter and cites the provision of this Act in respect of which the default was made or is alleged, together with (if necessary) a brief statement of the facts constituting the default;

“date of issuance”, in relation to the service of a civil penalty order, means the date on which it is served in any of the ways specified in paragraph 3(1);

“defaulter” means the person on account of whose default a civil penalty order is served, and includes an alleged defaulter;

“designated officer” means an officer of the Registry or other person designated and authorised by the Registrar to undertake duties in connection with the implementation of this Schedule;

“penalty clause”, in relation to a civil penalty order, is the part of the order that fixes the penalty to be paid by the defaulter, and “fixed penalty clause” and “cumulative penalty clause” shall be construed accordingly;

“remediation clause” in relation to a civil penalty order, is the part of the order that stipulates the remedial action to be taken by the defaulter;

“show cause clause” in relation to a civil penalty order is the part of the order that requires the defaulter to show cause why the civil penalty order should not have been served or should be withdrawn.

Power of Registrar to issue civil penalty orders

2.(1) Where default is made in complying with any provision of this Act or of regulations or orders made under this Act for which a civil penalty is specified in this Act and Schedule to be leviable, the Registrar may, in addition to, and without derogating from, any criminal or non-criminal penalty that may be imposed by this Act or any other law for the conduct constituting the default, serve upon the defaulter a civil penalty order of the appropriate description specified in this paragraph.

Specified Civil default

(1) A registered private voluntary organisation shall be guilty of a civil default if there is well founded information available to the Registrar indicating that it has received any donation from an illegitimate or immoral source.

(2) Upon receipt of the information referred to in paragraph (1) the Registrar shall serve upon the defaulter a civil penalty order providing for—

the taking by the PVO of the remedial action specified in the order to enable the PVO to ascertain the legitimacy of the source of future donations received by it;
the suspension of the penalty for a specified period not exceeding fourteen days, by the end of which the PVO must satisfy the Registrar that it is in a position to be compliant in the future;
upon the civil penalty becoming operative because of non-compliance with the requested remedial action, a penalty of one hundred united states dollars (or the equivalent at the auction rate of exchange ruling on the date of issuance of the order) for each day not exceeding ninety days during which the PVO is non-compliant;
the suspension of the operation of the civil penalty order for a period of 48 hours from the date of its issuance to enable the alleged defaulter to show cause to the Registrar why the order should not have been issued, that is to say, to show that the order was issued in error:

Provided that—

if no such cause is shown within that period the order shall be deemed to have been issued with effect from the beginning of such period;
if within that period it is shown that the order was issued in error the designated officer shall withdraw the order and make the appropriate notation of withdrawal in the civil penalty register.

(3) A registered private voluntary organisation shall be guilty of a civil default if there is well founded information available to the Registrar indicating that it has not used formal channels (that is to say registered banking institutions or other financial intermediaries regulated in Zimbabwe or in any other state) for the transmission of its funds at every point from source to destination.

(4) Upon receipt of the information referred to in paragraph (1) the Registrar shall serve upon the defaulter a civil penalty order providing for—

(a) a combination of—

a fixed penalty of the amount of one thousand united States Dollars dollars(or the equivalent at the auction rate of exchange ruling on the date of issuance of the order)
a cumulative penalty over a period not exceeding ninety days of five per centum of the outstanding amount of the fixed penalty for each day (beginning on the day after the service of a civil penalty order) that the fixed penalty or any outstanding amount thereof remains unpaid by the defaulter;

the opening (within a period not exceeding fourteen days) by the PVO of a banking account with a registered banking institution or other regulated financial intermediary and
upon the civil penalty referred to in paragraph (b) becoming operative because of non-compliance with the requested remedial action, a penalty of one hundred united states dollars (or the equivalent at the auction rate of exchange ruling on the date of issuance of the order) for each day not exceeding ninety days during which the PVO is non-compliant;
the suspension of the operation of the civil penalty order for a period of 48 hours from the date of its issuance to enable the alleged defaulter to show cause to the designated officer why the order should not have been issued, that is to say, to show that the order was issued in error:

Provided that—

if no such cause is shown within that period the order shall be deemed to have been issued with effect from the beginning of such period;
if within that period it is shown that the order was issued in error the designated officer shall withdraw the order and make the appropriate notation of withdrawal in the civil penalty

Limitation on issuance and enforcement of civil penalty orders

3.(1) No civil penalty order may be issued more than twelve months from the date when the default or alleged default occurred or ceased to occur.

(2) A single civil penalty order may be served in respect of two or more defaults committed by the defaulter within a single period not exceeding six months, but if the aggregate of such defaults results in the defaulter becoming liable (either immediately or within seven days from the service of the civil penalty order) to a penalty or combined penalties in excess of the equivalent to more than twice the highest monetary penalty for which that person is liable in respect of any of those civil defaults, the Registrar may select one or any combination of those defaults which will not result in the defaulter becoming so liable, while reserving the right to serve a second or further additional civil penalty orders in respect of the defaults not so selected if the defaulter does not comply with the first civil penalty order.

Service and enforcement of civil penalties and destination of proceeds thereof

4.(1) References to the Registrar serving upon a defaulter any civil penalty order in terms of this Schedule, are to be interpreted as requiring the Registrar to serve such order in writing to the defaulter concerned—

(a) by hand delivery to the defaulter or his or her director, manager, secretary or accounting officer in person, or to a responsible individual at the place of business of the defaulter; or

(b) by delivery through a commercial courier service to the defaulter’s place of business or his or her principal office in Zimbabwe or other place of business of the defaulter; or

(2) The Registrar officer shall not extend the period specified in a civil penalty order for compliance therewith except upon good cause shown to him or her by the defaulter, and any extension of time so granted (not exceeding in any case 30 days) shall be noted by the Registrar in the civil penalty register.

(3) The Registrar may, if the defaulter is a corporate defaulter—

(a) in the same civil penalty order, name the corporate defaulter and every officer of the company, syndicate, other corporate person or partnership concerned as being so liable separately, or issue separate civil penalty orders in respect of the defaulter and each of the officers concerned;

(b) choose to serve the order only upon the corporate defaulter without naming the officers if, in his or her opinion (which opinion the Registrar shall note in the civil penalty register), there may be a substantial dispute of fact about the identity of the particular officer or officers who may be in default:

Provided that nothing in this subparagraph affects the default liability of officers of the defaulter mentioned in subparagraph (6).

(4) The Registrar may, in the citation clause of a single civil penalty order, cite two or more defaults relating to different provisions of this Schedule if the defaults in question —

(a) occurred concurrently or within a period not exceeding six months from the first default or defaults to the last default or defaults; or

(b) arose in connection with the same set of facts.

(5) Where in this Act the same acts or omissions are liable to both criminal and civil penalty proceedings, the Registrar may serve a civil penalty order at any time before the commencement of the criminal proceedings in relation to that default, that is to say at any time before—

(a) summons is issued to the accused person for the prosecution of the offence; or

(b) a statement of the charge is lodged with the clerk of the magistrates court before which the accused is to be tried, where the offence is to be tried summarily; or

as the case may be, but may not serve any civil penalty order after the commencement of the criminal proceedings until after those proceedings are concluded (the criminal proceedings are deemed for this purpose to be concluded if they result in a conviction or acquittal, even if they are appealed or taken on review). (For the avoidance of doubt, it is declared that the acquittal of an alleged defaulter in criminal proceedings does not excuse the defaulter from liability for civil penalty proceedings).

(6) Every officer of a corporate defaulter mentioned in the civil penalty order by name or by office, is deemed to be in default and any one of them can, on the basis of joint and several liability, be made by the Registrar to pay the civil penalty in the event that the defaulter does not pay.

(7) Upon the expiry of the ninety-day period within which any civil penalty order of any category must be paid or complied with, the defaulter shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both (in the case of a corporate defaulter, every one of its officers is liable to the penalty of imprisonment, and to the fine if the corporate defaulter fails to pay it).

(8) The amount of any civil penalty shall—

(a) be payable to the Registrar and shall form part of the Consolidated Revenue Fund or if a retention fund for the Office is established in terms of section 18 of the Public Finance Management Act [Chapter 22:19] shall form the funds of that retention fund; and

(b) be a debt due to the Consolidated Revenue Fund or retention fund referred to in paragraph (a) and shall be sued for by the Registrar on behalf of the Consolidated Revenue Fund or the Registrar in any proceedings in the name of the Consolidated Revenue Fund or the Registrar in any court of competent civil jurisdiction:

Provided that for this purpose, the court of the magistrate in the district where the defaulter has his or her principal place of business shall be deemed to have jurisdiction to hear the suit even if the monetary amount sought would otherwise exceed its prescribed jurisdiction.

(9) Proceedings in a court for the recovery of a civil penalty shall be deemed to be proceedings for the recovery of a debt as if the defaulter had acknowledged the debt in writing.

(10) If the designated officer in terms of subparagraph (8)(b) desires to institute proceedings to recover the amounts of two or more civil penalties in any court of competent civil jurisdiction, the designated officer may, after notice to all interested parties, bring a single action in relation to the recovery of those penalties if the orders relating to those penalties —

(a) were all served within the period of twelve months preceding the institution of the proceedings; and

(b) were served—

(i) on the same defaulter; or

(ii) in relation to the same default or set of defaults, whether committed by the same defaulter or different defaulters; or

(iii) on two or more defaulters whose registered offices are in the same area of jurisdiction of the court before which the proceedings are instituted.

(11) Unless the Registrar has earlier recovered in civil court the amount outstanding under a civil penalty order, a court convicting a person of an offence against subparagraph (7), may on its own motion or on the application of the prosecutor and in addition to any penalty which it may impose give summary judgement in favour of the designated officer for the amount of any outstanding civil penalty due from the convicted defaulter.

When hearings on question whether to serve civil penalty orders may be held

(1) If, in response to a show cause clause, an alleged defaulter satisfies the designated officer, that it is not possible within 48 hours to demonstrate that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not wilful or was due to circumstances beyond the alleged defaulter’s control, the designated officer shall afford the alleged defaulter an opportunity to be heard by making oral representations to the designated officer, for which purpose—

(a) no later than 96 hours after the issuance of the civil penalty order, the alleged defaulter must furnish to the designated officer an affidavit sworn by him or her giving reasons to show that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not wilful or was due to circumstances beyond the alleged defaulter’s control;

(b) within a reasonable period from the receipt of an affidavit referred to in paragraph (a) the designated officer may serve copies of the affidavit on any person who, in the designated officer’s opinion, is affected by or may be a party to the default, together with an invitation to the parties to attend at a meeting to be presided over by the designated officer (giving particulars of its time and venue) to enable the parties to make oral and written representations at that meeting on the question whether the civil penalty order was issued in error to the alleged defaulter and whether it should be issued to some other person or not issued at all; and

Provided that in such invitation or at the meeting the designated officer may restrict the parties to submitting written representations only, before or no later than 48 hours after the conclusion of the meeting.

(2) The following provisions apply to every meeting convened under this paragraph in connection with the issuance of a civil penalty order—

(a) if the alleged defaulter fails to attend at the meeting the designated officer may proceed to issue the civil penalty order;

(b) the alleged defaulter bears the burden of showing on a balance of probabilities that the civil penalty order was issued in error due to a material dispute of fact, or because the alleged default in question was not wilful or was due to circumstances beyond the alleged defaulter’s control;

(i) in the presence of the parties (if any) at the meeting announce his or her decision verbally whether or not to issue a civil penalty order, and, if so to upon whom, and if the designated officer decides to issue the civil penalty order the designated officer shall do so within twenty-four hours;

(ii) cancel the civil penalty order or re-issue it with effect from the date of his or her decision on the same or another defaulter, or re-issue it with effect from the date on which it was initially issued if the designated officer finds that the defaulter’s objections to its issuance were baseless, vexatious or frivolous:

Provided that the designated officer may defer making a decision by no more than 48 hours after the conclusion of the meeting and give notice of his or her decision, and the reasons for it (together with the civil penalty order, if any), to the alleged defaulter or any other person found to be liable for the civil penalty.

Evidentiary provisions in connection with civil penalty orders

6.(1) For the purposes of this Schedule the designated officer shall keep a civil penalty register wherein shall be recorded—

(a) the date of service of every civil penalty order, the name and the physical or registered office address of the person upon whom it was served, the civil penalty provision in relation to which the defaulter was in default, and the date on which the civil penalty order was complied with or the penalty thereunder was recovered as the case may be;

(b) if the alleged defaulter responded to the show cause clause in the civil penalty order with the result that—

(i) the order was cancelled because it was issued in error, the fact and the date of such cancellation; or

(ii) a meeting was held in accordance with paragraph 5, then—

a record or an adequate summary of any representations made at the hearing by way of an entry or cross-reference in, or annexure to, the register (and if recorded by way of annexure or cross-reference, the representations must be preserved for a period of at least six years from the date when they were made to the designated officer);
a record of the outcome of the hearing, that is to say, whether or not the civil penalty order was cancelled, and if not the date from which it was to have effect and whether a different defaulter was served with it.

(2) A copy of—

. (a) any entry in the civil penalty register, and of any annexure thereto or record cross-referenced therein, authenticated by the designated officer as a true copy of the original, shall on its mere production in any civil or criminal proceedings by any person, be prima facie proof of the contents therein; or

(b) any civil penalty order that has been served in terms of this Act, authenticated by the designated officer as a true copy of the original, shall on its mere production in any civil or criminal proceedings by any person, be prima facie proof of the service of the order on the date stated therein upon the defaulter named therein, and of the contents of the order.

Designated officers

(1) Any reference to the Registrar in this Schedule shall be construed as a reference to a designated officer.

(2) The Registrar shall furnish each designated officer with a certificate signed by or on behalf of the Registrar stating that he or she has been appointed as a designated officer for the purpose of this Schedule.

(3) A designated officer shall, on demand by any person affected by the exercise of the powers conferred upon the Registrar under this Schedule, exhibit the certificate issued to him or her in terms of subsection (2).”.

INSERTION OF NEW CLAUSES

By the Minister of Public Service, Labour and Social Welfare

On page 17 of the Bill insert a new clauses after clause 11 as follows—

“Part II

Consequential Amendments

Money Laundering and proceeds of crime Act [Chapter 09:24]

12 Amendment of section 2 of Cap. 9:24

The Money Laundering and Proceeds of Crime Act [Chapter 9:24] (hereinafter in this Part called the “principal Act”) is amended in section 2 (“Interpretation”) by—

in the chapeaux of the definition of “competent authorities”
the insertion of the following definition after the definition of “proceeds” —

“ proliferation financing” means any offence referred to in section 9A;”

by the insertion of the following paragraph in the definition of “serious offence”—

“(c1) a proliferation financing offence;”

13 Amendment of section 3 of Cap. 9:24

The principal Act is amended in section 3 (“Unit and competent supervisory authorities to cooperate in securing compliance with this Act”) in subsection (3a) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”.

14 Amendment of section 6B of Cap. 9:24

The principal Act is amended in section 6B (“Functions of Unit”) in subsection (1)(c) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing” .

15 Amendment of section 6C of Cap. 9:24

The principal Act is amended in section 6C (“Further provisions on the Director-General, staff, agents and inspectors of Unit”) in subsection (1) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”.

16 Amendment of section 6E of Cap.9: 24

The principal Act is amended in section 6E (“Unit to have access to information”) in—

subsection (3)(b) by the deletion of “Access to Information and Protection of Privacy Act [Chapter 10:27] and the substitution of “Freedom of Information Act [Chapter 10:33], Cyber and Data Protection Act [Chapter 12:07].
In subsection (6)(d) subsection (3)(b) by the deletion of “Access to Information and Protection of Privacy Act [Chapter 10:27] and the substitution of “Freedom of Information Act [Chapter 10:33], Cyber and Data Protection Act [Chapter 12:07].

17 New section inserted in Cap. 9:24

The principal Act is amended by the insertion after section 9 of the following section—

9A Proliferation Financing

In this section—

“proliferation financing” means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials (including both technologies and dual-use goods used for non-legitimate purposes), in contravention of national laws or, where applicable, international obligations;

(2) Any person who by any means directly or indirectly wilfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, with the intention or in the knowledge that such funds are to be used in whole or in part—

to manufacture, develop, produce or participate in the development or production of a nuclear biological or chemical weapon for use in terrorist acts or
to distribute or supply a nuclear, biological or chemical weapon to carry out a terrorist act or
to train persons or groups of persons to develop or produce or participate in the development or production of nuclear biological or chemical weapon for use by a terrorist or by a terrorist organization for any purpose
to carry out any other act--
that has a purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or refrain from doing any act ; and
that is intended to cause—
death or serious bodily harm to a civilian or in a situation of armed conflict to any person not taking an active part in the hostilities; or
the risk, damage interference or disruption of any of the following kinds—

serious risk to the health or safety of the public or any section of the public; or
substantial property damage whether to public or private property involving a serious to the health or safety of the public or any section of the public;

serious interference with or serious disruption of an essential service, facility or system whether private or public not being an interference resulting from lawful advocacy or from protest dissent or stoppage of work.

commits the offence of financing of proliferation of weapons of mass destruction and shall be liable to a fine not exceeding twenty-five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.

(2) An offence under subsection (1) is committed regardless of whether—

the funds are actually used to manufacture, develop or produce nuclear biological or chemical weapons to commit or attempt to commit a terrorist act;
the funds are actually used to distribute or supply a nuclear biological chemical weapon to carry out a terrorist act;
the person alleged to have committed the offence is in the same country or a different country from the one in which the nuclear, biological or terrorist act occurred or will occur.

(3) a director or person in charge of a legal entity who commits an offence under this section is liable to a fine not exceeding twenty five million united states dollars and imprisonment for a term not less that thirty-five years imprisonment.

(4) Where a body corporate or its director, manager, secretary or other similar officer concerned with the management of a body corporate has been convicted of an offence under this section, the court shall have power—

to revoke business licences;
to order the body corporate to be wound up ; or
to forfeit the assets of the body corporate to the recovered assets fund;
prohibit the body corporate from performing any further activities.

(5) The taking of propriety steps including but not limited to requiring material or participating in the planning of an offence under this section shall be an offence and the person who commits such an offence is liable to the same penalty as provided for in the offence.

18 Amendment of section 12A of Cap. 9:24

The principal Act is amended in section 12A (National Money laundering and terrorist financing risk assessment and risk mitigation)—

in subsection (1) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;
in subsection (2) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;
in subsection (3)(a) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing” in subsection (3)(b) by the insertion after the words “terrorist financing” of “and proliferation financing” ;
by the insertion of a new paragraph in subsection (3) as follows—

“(c) identify and assess the money laundering, terrorist financing and proliferation financing risks that may arise in relation to virtual asset activities or operations of virtual asset service providers.”

in subsection (7) by the deletion the words “and anti- financing of terrorism” and substitution of “,anti- financing of terrorism and anti-proliferation financing” ;

19 Amendment of section 12B of Cap. 9:24

The principal Act is amended in section 12B (Assessing risks and implementing risk-based approach by financial institutions and designated non-financial businesses and professions)—

in subsection (1) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing” ;
in subsection (4) by deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;

20 Amendment of section 12C of Cap. 9:24

The principal Act is amended in section 12C (“Establishment of National Anti-Money Laundering Advisory Committee”) in subsection (1) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing” ;

21 Amendment of section 12D of Cap. 9:24

The principal Act is amended in section 12D (“Establishment of National Taskforce on Anti-Money Laundering and combating of Financing of Terrorism”)—

in the section head by the repeal of the section head and substitution as “Establishment of National Taskforce on Anti-Money Laundering, combating of Financing of Terrorism and Proliferation Financing”;
in subsection (1) by the deletion of the words “and combating terrorist financing” and substitution of “, combating terrorist financing and proliferation financing”” ;
in subsection (2) by the deletion of the words “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”” ;
in subsection (4) by the deletion of “anti-financing of terrorism” and substitution of “, anti-financing of terrorism and anti-proliferation financing”;
by the insertion of new subsections after subsection (4) as follows—

“(5) The national taskforce shall come up a Charter in which it may outline matters of concern including processes and procedures of cooperation and coordination within the country in terms of combating money-laundering, terrorist financing and proliferation financing;

(6) The Minister responsible for finance may cause the Charter referred to in subsection (5) to be Gazetted.”

22 Amendment of section 15 of Cap. 9:24

The principal Act is amended in section 15 (“Customer Identification Requirements”)—

in subsection (1)(e) by the insertion after “financing of terrorism” of “or proliferation financing”;
in subsection (2) by the insertion after “financing of terrorism” of “or proliferation financing”;

23 Amendment of section 16 of Cap. 9:24

The principal Act is amended in section 16 (“Timing of customer identification and verification”)—

in the chapeaux of subsection (1) by the insertion after “financing of terrorism” of “or proliferation financing”;
in subsection (1)(b) by the deletion of “and terrorist financing” with substitution of “, terrorist financing and proliferation risk”.

24 Amendment of section 18 of Cap. 9:24

The principal Act is amended in section 18 (“Reliance on customer identification by third parties”) in subsection (1)(a) by the insertion after “financing of terrorism” of “or proliferation financing”.

25 Amendment of section 19 of Cap. 9:24

The principal Act is amended in section 19 (“Customers not physically present”) in subsection (1)(a) by the deletion of “and financing of terrorism” of “,financing of terrorism and proliferation financing”.

26 Amendment of section 20 of Cap. 9:24

The principal Act is amended in section 20 (“High risk customers and politically exposed persons”)—

in subsection (1)(a) by the deletion of the words “and financing of terrorism” and substitution of “, financing of terrorism and proliferation financing”;
in subsection (3) by the deletion of “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”

27 Amendment of section 21 of Cap. 9:24

The principal Act is amended in section 21 (“Customer Identification and account opening for cross-border”)—

in subsection (e) by the insertion after the words “financing of terrorism” of “,and proliferation financing”;
in subsection (f) by the insertion after the words “financing of terrorism” of “,and proliferation financing”.

28 Amendment of section 25 of Cap. 9:24

The principal Act is amended in section 25 (“Internal programmes to combat money laundering and terrorist financing”)—

in the section head by the deletion of the words “and financing of terrorism” and substitution of “, financing of terrorism and proliferation financing”;
in subsection (1) by the deletion of the words “and financing of terrorism” and substitution of “, terrorist financing and proliferation financing”;
in subsection (1)(c)—
- in the second line by the insertion after the words “financing of terrorism” of “,and proliferation financing”;
- in the third line by the insertion after the words “financing of terrorism” of “,or proliferation financing”;
in subsection (4)—
in the chapeaux by the deletion of “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;
in paragraph (b) by the deletion of “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;

29 Amendment of section 26A of Cap. 9:24

The principal Act is amended in section 26A (“Higher risk countries”) is amended in subsection (3) by the deletion of “and terrorist financing” and substitution of “, terrorist financing and proliferation financing”;

30 Amendment of section 30 of Cap. 9:24

The principal Act is amended in section 30 (“Obligation to report suspicious transactions”)—

is amended in (1)(b) by the insertion after “finance terrorism” of “ and proliferation”;
in subsection (4) by the insertion after “terrorist financing” of “or proliferation financing”;

31 Amendment of section 31 of Cap. 9:24

The principal Act is amended in section 31 (“Inapplicability of confidential provisions and prohibition against tipping-off”) is amended—

in subsection (2) in the third line by the insertion after “financing of terrorism” of “or proliferation financing”;
in subsection (2) in the fourth line by the insertion after “financing of terrorism” of “or proliferation financing”;

32 Amendment of section 37 of Cap. 9:24

The principal Act is amended in section 37 (“Sharing of information with foreign counterparts”) in subsection (2) by the insertion in the chapeaux after “financing of terrorism” of or proliferation financing or potential proliferation financing”

33 Amendment of section 103 of cap. 9:24

Section 103 (“Regulations”) is amended in subsection (2) by the insertion of the following paragraph—

“(e) any requirements or issues related to the implementation of United Nations Security Council Resolutions as may be required to be prescribed.”

Part III

Consequential Amendments

Criminal Matters (Mutual assistance) Act [Chapter 09:06]

34 Amendment of section 2A of Cap. 9:06

The Criminal Matters (Mutual Assistance) Act is amended in section 2A (“Purpose of Act and powers and responsibilities of Prosecutor-General”) in subsection (1) by the deletion of “and financing of terrorism” with the substitution of “,financing of terrorism and proliferation financing”

35 Amendment of section 6 of Cap. 9:06

The Criminal Matters (Mutual Assistance) Act is amended in section 6 (“Refusal of Assistance”) in subsection (3) by the deletion of “and financing of terrorism” and the substitution of “,financing of terrorism and proliferation financing”

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

Institute of Chartered Loss Management and Private Security Management Bill (H.B 5, 2022) – Hon. Dr. Col. (Rtd) Murire (Referred 5th May , 2022).

NATIONAL ASSEMBLY VOTES 7 JUNE 2022 NO 49

NATIONAL ASSEMBLY VOTES 7 JUNE 2022 NO 49

ZIMBABWE

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