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NATIONAL ASSEMBLY VOTES 7_JULY_2005_NO._11

ADVANCE COPY-UNCORRECTED

 

No. 11

PARLIAMENT 

OF ZIMBABWE

_________________

 

VOTES AND PROCEEDINGS OF THE HOUSE

_________________

 

FIRST SESSION – SIXTH PARLIAMENT

_________________

 

THURSDAY, 7TH JULY 2005

_________________

 

Quarter-past two o‟clock p.m.

 

Acting Speaker in the Chair.

 

PRAYERS.

 

 

Members Present

N.B. Printer please insert all ticked names in column form. 

 

Absent with leave

Kaukonde R. J.

Masuku A. Mutiwekuziwa K.K Mathuthu A.

Rusere T.

Sakabuya M.

 

 

 

 

 

 

 

 

Printed by Order of the House

1. COMMITTEE:  Banking Amendment Bill (H.B. 3, 2005)- The Minister of

Finance

(House in Committee)

 

Clauses 1 to 7 put and agreed to.

 

Bill to be reported without amendment.

 

(House resumed)

                         

                   Bill reported without amendment.

 

Third reading, with leave, forthwith.

 

Bill read a third time.

 

 

  1. COMMITTEE: Harare Institute of Technology Bill (H.B. 24, 2004)- The Minister of Higher and Tertiary Education

 

(House in Committee)

 

Clauses 1 to 3 put and agreed to.

 

On clause 4,

The Minister of Higher and Tertiary Education moved;

On page 5 of the bill delete “correspondence” in line 28 and substitute

“distance”.

 

  Amendment put and agreed to.

 

Clause 4, as amended, put and agreed to.

 

Clauses 5 to 7 put and agreed to.

 

On clause 8,

The Minister of Higher and Tertiary Education moved;

On page 7 of the Bill delete “Institute Board made in consultation with the Minister” in lines 9 and 10 and substitute “Minister made in consultation with the Institute Board”.

 

Amendment put and agreed to.

 

Clause 8, as amended, put and agreed to.

 

On Clause 9,

 

 The Minister of Higher and Tertiary Education moved:

 

On page 7 of the Bill delete “in consultation with” in lines 43 and 44 and    substitute with “with the approval of”.

 

                   Amendment put and agreed to.

 

Clause 9, as amended, put and agreed to.

 

On Clause 10,

 

The Minister of Higher and Tertiary Education moved;

On page 8 of the Bill delete “one person” in line 28 and substitute “one person who shall be a college or university lecturer”.

 

On page 9 of the Bill delete “after consultation with” in line 6 and substitute “with the approval of”.

 

Amendments put and agreed to.

 

Clause 10, as amended, put and agreed to.

 

 

On Clause 11,

 

The Minister of Higher and Tertiary Education moved:

On page 7 of the Bill between lines 13 and 16 delete paragraph (a) and substitute:

“(a) with the approval of the Minister to appoint the Registrar, the Financial Director, the Librarian;”.

 

On page 9 of the Bill after paragraph (a) insert the following paragraph and renumber the following paragraphs accordingly:

“(b) to appoint the directors of the units or centres of the Institute, the cademic staff, the administrative staff and other employees of the Institute:

 

Provided that the Institute Board may delegate its duties under this paragraph to such committee as may be prescribed in the Statutes;”.

 

Amendment put and agreed to.

 

Clause 11, as amended, put and agreed to.

 

On Clause 12,

 

The Minister of Higher and Tertiary Education moved:

 

On page 10 of the Bill delete paragraph (a) in line 1 and renumber the following paragraphs accordingly.

 

On page 10 of the Bill delete paragraph (e) in line 14 and substitute:

„(e) who is mentally disordered as defined in section 2 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996).

 

Amendment put and agreed to.

 

Clause 12, as amended, put and agreed to.

 

 

Clauses 13 and 14 put and agreed to.

 

On Clause 15,

 

The Minister of Higher and Tertiary Education moved:

 

On pages 10 and 11 of the Bill delete paragraphs (i), (ii) and (iii) and substitute:

 

“(i) five shall be elected by the nine persons referred in section 10 (1) (b) from among themselves; and

(ii) three shall be elected by the Senate from among themselves; and (iii) two shall be elected by the Institute Board from among the members referred to in section 10(1)  (c ) to (q)”.

 

Amendment put and agreed to.

 

Clause 15, as amended, put and agreed to.

 

On Clause 16,

 

The Minister of Higher and Tertiary Education moved;

 

On page 11 of the Bill delete paragraph ( c)  and substitute:

“( c)          four shall be elected annually by the Students Union: Provided that such students shall not be entitled to attend deliberations of the Senate on matters related to examinations and academic staff promotions.”

 

On page 11 of the Bill delete subsection (2) between lines 24 and 26.

 

Amendment put and agreed to.

 

Clause 16, as amended, put and agreed to.

 

Clause 17 to 21 put and agreed to

 

On Clause 22,

The Minister Of Higher And Tertiary Education moved:

On page 13 of the Bill delete “The Vice-Chancellor” in line 11 and substitute “The Chancellor, Vice-Chancellor”.

 

Amendment put and agreed to.

 

Clause 22, as amended, put and agreed to.

 

Clauses 23 to 26 put and agreed to.

 

On clause 27,

The Minister of Higher and Tertiary Education moved:

 

On page 15 of the Bill delete “and” in line 24 of the Bill and insert the following proviso:

 

“Provided that the student being charged shall be given a reasonable opportunity by the Vice-Chancellor to nominate one of the members referred to in this paragraph and if such nominee accepts the nomination, he or she shall be a member of the Committee”.

 

On page 15 of the Bill “one hundred thousand dollars” in line 44 and substitute “such maximum amount as the Institute Board may fix in relation to disciplinary proceedings generally, after consultation with the Senate”.

 

Amendment put and agreed to.

 

Clause 27, as amended, put and agreed to.

 

On Clause 28,

The Minister of Higher and Tertiary Education moved:

 

On page 16 of the Bill paragraphs “f” and “g” between lines 10 and 12 should be rearranged and renumbered paragraphs “d” and “e” respectively and the current paragraphs “d” and “e” should be rearranged and renumbered “f” and “g” respectively.

 

Amendment put and agreed to.

 

Clause 28, as amended, put and agreed to.

 

Clauses 29 to 32 put and agreed to.

 

On Clause 33,

 

The Minister of Higher and Tertiary Education

 

On page 17 and 18 of the Bill delete “Convocation” wherever it appears.

 

Clause 33 as amended put and agreed to.

 

Schedule put and agreed to.

 

Bill to be reported with amendments.

(House resumed)

 

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

 

  1. The Deputy Minister of Higher and Tertiary Education moved: That Order of the Day No 3 for today stands over until Order of the Day No. 6 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (adjourned

6th July 2005 – The Minister of Justice, Legal and Parliamentary Affairs)

 

[Time elapsed: 5 hours 4 minutes]

 

Question again proposed:  That a respectful address be presented to the

President of Zimbabwe as follows-

 

May it please you, Your Excellency, the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the

Speech, which you have been pleased to address to Parliament- Mr

Mzembi     

 

On the motion of the Deputy Minister of Higher and Tertiary Education: Debate adjourned until Tuesday.

 

 

  1. On the motion of the Deputy Minister of Higher and Tertiary Education: The House adjourned until Tuesday 12th July 2005 at a quarter past two o‟clock in the afternoon.

 

 

 

  1. MADZONGWE, Acting Speaker.

 

 

 

 

 

 

 

TUESDAY 12TH JULY 2005

 

ORDERS OF THE DAY AND NOTICE OF MOTION

             

  1. SECOND READING: Attorney  - General‟s Office Bill (H.B. 4, 2005)-The Minister of Justice, Legal and Parliamentary Affairs.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (adjourned 7th July 2005 – The Deputy Minister of Higher and Tertiary Education)

 

[Time elapsed: 5 hours 40 minutes]

 

Question proposed:  That a respectful address be presented to the

President of Zimbabwe as follows-

 

May it please you, Your Excellency, the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the

Speech, which you have been pleased to address to Parliament- Mr

Mzembi     

 

 

  1. Mr Biti

Mr Bhebhe

 

To move:

That this House:

 

TAKING NOTE of the massive food, drugs, foreign currency and energy shortages;

 

CONCERNED with the continued unabated collapse of the public amenities in health, transport and education;

 

DISMAYED at the lack of any concrete, meaningful and decisive reversal programme by government;

 

DISTURBED by the shrinking economy and failing state particularly in areas of service provision;

 

RESOLVES that the government immediately addresses the critical shortages of shortages of food energy and public sector amenities;

 

CONDEMNS the absence of existing comprehensive monetary and fiscal reversal strategy;

 

FURTHER CONDEMNS the clear lack of strategy and leadership on the part of this Government.

 

 

  1. Adjourned debate on motion on State action in respect of Operation Murambatsvina (adjourned 5th July - The Minister of Justice, Legal and Parliamentary Affairs)

 

[Days elapsed: 4]

Question proposed:  That this House

 

CONCERNED with the massive destruction of people‟s homes, markets

and livelihoods under the vehicle of the so-called Operation

Murambatsvina;

 

DISTURBED AND SHOCKED at the abuse of the rule of law, breach of

the Constitution, international standards on the right to housing, the right to life, the rights of the children and the rights against forced evictions;

 

SHOCKED by the callousness of the State actions, particularly in the context of the current economic crisis, the ravaging winter and the massive food shortage;

 

DISMAYED at the total abuse of the local authorities and disrespect of the Urban Councils Act (Chapter 29:15) and the Regional Town and Country Planning Act (Chapter 29:12).

 

CONDEMNS AND CENSORS in the strongest of terms the State actions in respect of Operation Murambatsvina;

 

CALLS on Government to immediately stop and cease the aforesaid operation;

 

RESOLVES that Government abide by the international standards, the constitution and generally the rule of law;

 

CALLS on Government to comprehensively address the issue of national housing and in general terms the current structural economic crises;

 

CALLS on Government to urgently provide basic amenities and decent living standards to the victims of the current operation- Mr Mushoriwa

 

 

  1. COMMITTEE OF SUPPLY.

 

 

 

 

 

 

 

WEDNESDAY, 13TH JULY 2005

 

 

QUESTIONS FOR ORAL ANSWERS

 

QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

 

*1. MR. SIKHALA: TO ask the Minister of Justice, Legal and Parliamentary Affairs whether he is aware that the State Indebted Insolvent Companies Act breaches the constitutional provision on property rights, and if so what corrective measures he intends to take, especially in light of the fate of ShabanieMashava Mines.

[Deferred from Wednesday 6 July 2005]

 

*2. PROF J. MOYO: To ask the Minister of Finance to explain:

(a) the validity of the $5 000, $10 000 and $20 000 denominations of Bearer Cheques currently in circulating  whose expiry date is 31st December 2004. (b) when the $10 000 and $20 000 notes will be introduced to avoid problems associated with the temporary life of bearer cheques.

 

*3. MR. SIKHALA:  To ask The Minister of Finance to enlighten the House on the source of the Productive Sector Investment Facility and to name the accounting organs/institutions of those funds.

[Deferred from Wednesday 6 July 2005]

 

*4. MR. SIKHALA:  To ask the Minister of Justice, Legal and Parliamentary Affairs to comment on the Executive‟s involvement in the administration of private companies in the name of national interests without resorting to the courts as provided for in our bankruptcy laws, citing the case of  Shabanie-Mashava Mines.

[Deferred from Wednesday 6 July 2005]

 

*5. MR. SIKHALA:  To ask the Minister of Justice, Legal and Parliamentary Affairs to clarify the steps involved in the specification of companies, explaining how companies are placed under state- appointed administrators.

[Deferred from Wednesday 6 July 2005]

 

*6. MR. SIKHALA:  To ask the Minister Industry and International Trade to provide statistics on foreign investment, given that Zimbabwe is under spot light against a background of international concern about the rule of law and property rights.

[Deferred from Wednesday 6 July 2005]

 

*7. MR. SIKHALA:  To ask the Minister of State for Indigenisation and

Empowerment to define the ministries‟ policy on indigenisation particularly in light of the recent takeover of assets owned by black individuals through state instruments like what happened to Mutumwa Mawere, James Makamba and Jefrey Munzwimbi.

[Deferred from Wednesday 6 July 2005]

 

*8. MR. SIKHALA: To ask the Minister of State Enterprises, Anti-Monopolies and Anti Corruption to:

(a) inform this august House on the  process used in the appointment of  Mr A.

  1. Gwaradzimba as the administrator of Shabani-Mashava Mines Holdings

(SMMH);

(b) furnish this House with Mr Aafarus.M. Gwaradzimba‟s remuneration   package; and

( c) confirm if SMMH funds were used to finance the Tsholotsholo gathering in late 2004.

[Deferred from Wednesday 6 July 2005]

 

*9. MR. SIKHALA:To ask the Minister of State Enterprises, Anti-Monopolies and Anti Corruption to enlighten this House on the indebtedness of SMMH since the appointment of an administrator and to provide a breakdown of application of the funds.

[Deferred from Wednesday 6 July 2005]

 

*10.MR  SIKHALA: To ask the Minister Mines and Mining Development to inform the House on why a South African based company owned by a Jewish family, J. G. Petrow has been given the exclusive rights to market our asbestos when the Minerals Marketing Corporation of Zimbabwe is responsible for the marketing all minerals.

[Deferred from Wednesday 6 July 2005]

 

*11. MR. CHAMISA:   To ask the Minister of Local Government, Public Works and Urban Development to explain:

  • why the Kuwadzana Library has not been completed for so long since the local community is starved of library services; and
  • why the Harare City Council is reluctant to accept the donation for the Library that was raised by the local MP.

[Deferred from Wednesday 6 July 2005]

 

*12. MR. CHAMISA:   To ask the Minister of Local Government, Public Works and, Urban Development to inform the House:

  • what the Ministry intends to do to alleviate the plight of residents of Kuwadzana Extension who do not have facilities such as shops, tower lights and standard roads;
  • why it has taken a long time for Kuwadzana Extension to be officially handed over to the local city council by the Government and when this handover is expected.

[Deferred from Wednesday 6 July 2005]

 

*13. MR. CHAMISA:  To ask the Minister of Youth Development and Employment Creation to:

(a) explain whether the youth training programmes are to be continued and, if so, where the Government will get the resources for the expansion, considering that the programme nearly collapsed due to lack of resources; and (b) outline the benefits of the national youth training service to the nation and provide statistics of the number of youths per province that have benefited from the programme.

 

*14. MR. GWETU:  To ask the Minister of Water Resources and Infrastructural Development to report to this House the progress on the Zambezi Water Project particularly the Gwayi/Shangani phase.

[Deferred from Wednesday 6 July 2005]

 

*15. MR. MUSA: To ask the Minister of Water Resources and Infrastructural Development when Chipara Dam on the Mudzi river is going to be constructed.

[Deferred from Wednesday 6 July 2005]

 

*16. MR. CHAMISA: To ask the Minister of Home Affairs to update this House on the progress made so far regarding the construction of Kuwadzana Police Station.

[Deferred from Wednesday 6 July 2005]

 

*17.  MR. L MOYO: To ask the Minister of Transport and Communication to confirm whether the newly purchased Chinese made Air Zimbabwe passenger plane are safe to travel on.

[Deferred from Wednesday 6 July 2005]

 

*18. MR. L MOYO: To ask the Minister of Transport and Communication to: (a) explain why the construction of the portion of Kezi-Bulawayo road is done without adequate road construction signs as the current situation endangers the lives of road users and whether the ministry is considering widening  of the existing narrow bridges;

(b) state when the tarring of Kezi-Bulawayo road would be completed;

 

[Deferred from Wednesday 6 July 2005]

 

*19. MR. L MOYO: To ask the Minister of Transport and Communication to:

(a) explain when the construction of Maphisa-Gwanda road would begin; and  (b) provide a breakdown of the funds that were borrowed for the construction    of Maphisa-Gwanda road.

[Deferred from Wednesday 6 July 2005]

 

*20.MR. MUSA: To ask the Minister of Transport and Communication when  the Mtoko-Rwenya road is going to be surfaced and why it has taken such a  long time.

[Deferred from Wednesday 6 July 2005]

 

*21. MR. MUSA :To ask the Minister of Transport and Communication why the Rewenya-Nyamapanda has not been maintained for some time.

 

[Deferred from Wednesday 6 July 2005] *22. MR. BALOYI:  To ask the Minister of Transport and Communication if he is aware that the fuel shortage has severely cut off the supply of food stuffs to remote areas like Chikombedzi, Malapoli, Dhavhata and Gezani areas in Chiredzi South and to explain to the House how the ministry intends to assist in ensuring that the plight of the people in those areas is alleviated.

 

*23. MR BALOYI : To ask the Minister of Transport and Communications to state when the new Post Office at Chikombedzi Growth Point will be opened since its completion in January.

 

*24. MR MADZIMURE: To ask the Minister of Transport and Communication to explain why Ministers are given the opportunity to buy off their official cars when they are dropped from government given that they also enjoy the privilege to buy cars duty free like any other Member of Parliament.

 

*25. MR BALOYI: To ask the Minister of Environment and Tourism to explain to the House on operation of the Trans-Limpopo Frontier Park between Mozambique, South Africa and Zimbabwe.

 

*26. MS G. L STEVENSON: To ask the Minister of Environment and Tourism to confirm or deny that Government plans to resettle people and set up an agricultural project in the Sapi and Chewore Safari areas near Chirundu, along the banks of the Zambezi River including part of the Mana Pools World Heritage Site.

 

*27. MR MADZIMURE: To ask the Minister of Environment and Tourism to supply this House with the number of registered safari companies, their owners and the amount each one contributes to the fiscus in foreign currency.

 

*28. PROF J. MOYO: To ask the Minister of Agriculture to inform the House what measures the Ministry has taken to ensure that there will be adequate supplies of fertilizer for the forthcoming summer cropping season given the critical shortages of fertilizer experienced during the last cropping season, resulting in reduced yields.

 

*29. PROF J MOYO : To ask the Minister of Agriculture to explain;

(a) whether the Pig Industry Board has the capacity to discharge its new mandate which includes other stock namely, goats, rabbits and poultry. (b) what is being done to ensure that new farmers wishing to pursue poultry farming get support and technical services from the Board, given the current short supply of poultry in the country.

 

*30. PROF J MOYO: To ask the Minister of Agriculture to;

  • confirm media reports that land clearing equipment normally used for land preparation for the summer cropping season had been redeployed for use under “Operation Garikai/ Hlalani Kuhle”
  • explain how this redeployment of equipment would impact on the 2005 cropping season.

 

*31. PROF J. MOYO : To ask the Minister of Local Government , Public Works and Urban Development how the $3 trillion that has been made available to underwrite the cost of “Operation Garikai. Hlalani Kuhle” has been allocated and distributed among the affected local authorities, how the funds are being accounted for, and whether the $3 trillion is the total budget for the operation this year and if not what the total amount required for this year is.

 

*32. PROF J MOYO : To ask the Minister of Industry and International Trade to give reasons for the critical shortage of basic commodities  and explain what the ministry is doing to ensure their availability.

 

*33.PROF J MOYO : To ask the Minister of Industry and International Trade to explain;

  • the shortage of local brands of beer when more expensive foreign brands such as Heinken and Windhoek Lager imported using scarce foreign currency are available in most of the retail outlets.
  • what the ministry is doing to alleviate the shortage ahead of the coming summer season

 

*34. PROF J MOYO to ask the Minister of Foreign Affairs to;

  • explain Zimbabwe‟s policy position regarding the two African countries that should be permanent members of the United Nations Security Council as part of the proposed reform of the world body.
  • inform the House on the criteria used by Government to arrive at the said policy position and choice of countries.

 

*35. MR. BALOYI: To ask the Minister of State for National Security, Lands, Land

Reform and Resettlement in the President‟s Office what is the Ministry doing to assist A2 Sugarcane farmers in Chiredzi who have not been paid for the sugar delivered to the miller because the former white farmers are contesting both the land and crop

 

*36. MR MADZIMURE : To ask the Minister of Education, Sport and Culture to explain:

  • why the construction of the “A” level block at Kambuzuma High 1 has been stalled for the past three years.
  • when completion of the project is expected and what the ministry is doing to ensure this.

 

*37. PROF J. MOYO: To ask the Minister of Energy and Power Development to explain what the Government is doing to improve the availability of fuel given that the recent price adjustments have not resulted in an improvement of the situation.

 

 

NOTICE OF MOTION

 

MR GUMBO  MRS MATAMISA

 

To move:

That this House:

 

Takes note of the Delegation Report to the SADC Parliamentary Forum Observation Mission to the 2005 Mauritius Parliamentary Elections held on 3rd July 2005.

 

 

 

 

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

  1. Labour Amendment Bill (H.B. 1, 2005)- The Minister of Public Service, Labour and Social Welfare (Referred 22nd June, 2005).

 

  1. General Laws Amendment Bill (H.B. 5, 2005)-The Minister of Justice, Legal and Parliamentary Affairs (Referred 22nd June, 2005).

 

  1. Education Amendment Bill (H.B. 6, 2005)- The Minister of Education, Sport and Culture (Referred 22nd June, 2005).

4.  Banking Amendment Bill (H.B. 3, 2005)- The Minister of Finance

 

  1. Harare Institute of Technology Bill (H.B. 24A, 2004)- The Minister of Higher and Tertiary Education

 

 

 

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