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NATIONAL ASSEMBLY VOTES TUESDAY 28 FEBRUARY 2023 NO 24

 ADVANCE COPY- UNCORRECTED

No. 24

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIFTH SESSION – NINTH PARLIAMENT

_________________

 

TUESDAY, 28TH FEBRUARY, 2023

_________________

 

                  Quarter past two o’clock p.m.

The Speaker in the Chair.

 

Prayers

 

Members Present

 

Banda G;

Banda S,

Bhuda S,

     Biti L T

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

      Chibaya A            

Chidakwa J.,

Chidamba S.,

Chiduwa C.

      Chidziva H           

Chihururu C.,       

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          

Chombo M,

Dube B,

Dube G,

Dube M.,

Dube P,

Dutiro P,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Gezi T.,

Gonese I T,

Gorerino O.,

Gumbo J. M.,

Gwanetsa K. K.,

Gwanongodza E.,

Houghton J. R,

      Hwende C

Jaja J.,

January S.

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karikoga T.,

Karoro D.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Khumalo M.,

Khumalo S. S.,

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machando P.,

Machingauta C.

Madiro M,

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.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Mashakada T.

Masiya D.,

      Masoka N

Masuku E,

Masuku P.,

      Masvisvi D

      Matambo J

Mataranyika D. M.,

Mataruse P.,

      Matewu C

Mathe S,

Matsikenyere N.,

      Matsunga S

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondiah M,

Mchenje S. M.,

Mguni Hlalani

Mguni N,

Mguni S K,

Mhere E.,

Mhlanga J. N.,

Mkandla M.,

Mkaratigwa E.,

Mkwanda J.,

Mlambo M. M.,

Mliswa M T,

Mliswa T P

Mokone S,

Molokele-Tsiye F D,

Moyo C.,

Moyo E,

Moyo L.

Moyo Peter,

Moyo R.,

Moyo T.,

Mpariwa P,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

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,

Murire J, Rtd. Col. Dr

Musabayana D.,

Musakwa E,

Musarurwa W.Y.

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

      Mutsenyami C P

Ncube E.,

      Ncube M

Ncube Soul,

Ndebele V

Ndiweni D.,

Ndlovu S.,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nkomo M,

Nowedza E.

Nyabani T,

Nyabote R. 

Nyamudeza S,

Nyashanu M. Dr,

Nyathi E.

Nyathi R. R,

Nyere C.,

Nyika F

Nyokanhete J,

Nyoni I,

Nyoni S. G. G.,

Paradza J,

      Phulu K I

Raidza M.,

Sacco J. K.,

Saizi T.

Samambwa E.,

Samukange J. T.,

Sansole T. W.,

Sanyatwe C.,

Seremwe B.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

      Sibanda D P

Sibanda L.

Sibanda O.,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole S,

      Tarusenga U D

Taruvinga F.,

Tekeshe D.,

Tembo M

      Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tshuma S.,

Tsuura N.,

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zemura L,

Zhou P,

Zhou T,

      Zizhou M

      Zwizwai M

Sithole James,

Sithole Josiah,

Sithole S,

      Tarusenga U D

Taruvinga F.,

Tekeshe D.,

Tembo M

      Tobaiwa J

Toffa J.,

Togarepi P.,

Tongofa M.,

Tshuma D.,

Tshuma S.,

Tsuura N.,

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zemura L,

Zhou P,

Zhou T,

      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

 

  1. Hon. R. Nyathi, seconded by Hon. Mliswa moved: That Orders of the Day, Nos. 1 to 6 for today, stand over until Order No. 7 has been disposed of.

 

         Motion put and agreed to.          

 

  1. 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) (Restored 14th February,            2022 – The Deputy Minister of Finance and Economic Development)

 

(Clause 2 which was deferred, under consideration)

 

(House in Committee)

 

            On Clause 2,

            The Minister of Finance and Economic Development, moved:

             Section 2 (“Interpretation”) of the Insurance and Pensions Commission Act [Chapter                  24:21] (hereinafter called the “principal Act”) is amended—

  • by the repeal of the definition of appointed member.
  • by the insertion of the following definitions—

““closely related” means any person who, the following shall be—

  • a father, mother, in law, brother or sister of the person;
  • a partner of the person, unless a court or the Commissioner is satisfied that neither person acts in accordance with the directions, requests, suggestions or wishes of the other;
  • a partner in a partnership, if the person, either alone or together with one or more associates, controls fifty per centum or more of the rights to the partnership’s income or capital;
  • the trustee of a pension fund under which the person, or an associate of the person, benefits or may benefit;
  • trustee of a pension Fund, or any other person who benefits or may benefit under the pension fund; and
  • where the person is a company—
  1. a person who, either alone or together with one or more associates, controls the company; or
  • another company which is controlled by a person referred to in subparagraph (i), either alone or together with one or more associates”

       “asset” includes any property and any right, whether vested or contingent, of whatever kind provided that shares shall be exempted from being designated as assets.

      Amendment put and agreed to.

      Clause 2, as amended, put and agreed to.

 

             On Clause 3,

            The Minister of Finance and Economic Development, moved:

           That on page 4 after line 4 of the Bill, delete clause 3 and substitute with the                    following:

            “3A Objects of Commission

             Objects of Commission shall be to—

              (a)   regulate and supervise the insurance and pensions sectors;

      (b)   promote the maintenance of a fair, safe and stable insurance and pensions sector for the benefit and protection of policy owners and pension and provident fund members;

      (c)   ensure that insurance and pensions sector adhere to principles of  accountability and transparency;

              (d)   promote and encourage the development of the insurance and pensions sectors.”

     

      On Clause 3,

 

      Hon. Biti moved:

 

      That objectives be redrafted by splitting (a) into two parts as follows,

  • To promote the maintenance of fair, safe and stable insurance and pension sector; and
  • To protect policy holders and pension and provident members.

 

      Amendment put and agreed to.

      Clause 3, as amended, put and agreed to.

 

             On Clause 4,

The Minister of Finance and Economic Development moved: That the Chairperson   do now report progress and seek leave to sit again.

(House resumed)

Progress reported. Committee to resume tomorrow.

  1. Hon. R.R. Nyathi, seconded by Hon. Mahlangu, moved: That Orders of the Day Nos 1 to 4, for today, stand over until Order No. 5 has been disposed of.

        Motion put and agreed to.

 

  1. Adjourned debate on motion on the Second reading of the Insurance Bill, (H.B.1, 2021)      (Adjourned 16th February, 2023– The Minister of Finance and Economic Development).

 

Bill read a second time. Committee, tomorrow.

 

 

  1. Hon. R.R. Nyathi, seconded by Hon. Tekeshe, moved: That Orders of the Day

                And Notices of motions Nos. 8 to 17, for today, stand over until Notice

               Motion No. 18 has been disposed of.

 

               Motion put and agreed to.

 

  1. Hon. Chinyan’anya (for Hon. B. Dube), seconded by Hon. Nduna, moved: That

                 this House considers and adopts the report of the Public Accounts Committee

 on the Analysis of Auditor General’s 2020 Report of the Harare City Council.

 

On the motion of Hon. R.R. Nyathi, seconded by Hon. Tekeshe: Debate adjourned until tomorrow.

 

  1.  On the motion of Hon. R.R. Nyathi, seconded by Hon. Tekeshe: The House adjourned at five minutes to six o’clock pm.  

 

 

                                                          HON. ADVOCATE J. F. N. MUDENDA,

                Speaker.

 

 

 

WEDNESDAY, 1ST MARCH, 2023

 

QUESTIONS FOR ORAL ANSWERS

 

♦ QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

*1.       Hon Markham: To ask the Minister of Finance and Economic Development             to explain the following to the House:

  1. The establishment process and date of creation of Kuvimba Mining House;
  2. The legal instrument for its establishment given that Government is the majority shareholder;
  3. Who the shareholders are, the percentage of their shares, and what their contributions are in the Company;
  4. Where the company is registered, and what its sister or sub-companies are;
  5. Who are the other shareholder’s directors with interests in the company and to further clarify whether the directors of the company since its inception have changed;
  6. What the current asset value of Kuvimba Mining House including definable resources is; and
  7. To further confirm whether a tender was issued for any disposal or acquisition of State assets or/and enterprises.

[Deferred 8th February 2023]

 

*2.    Hon Markham: To ask the Minister of Finance and Economic Development,             as manager of state assets and funds, to explain to the House why the Ministry             has not submitted reports, strategic plans, and results of Kuvimba Mining             House for consecutive years since its inception in accordance with the Public             Entities and Corporate Governance Act (Cap 10: 31).

 

[Deferred 8th February 2023]

 

*3.       Hon Markham: To ask the Minister of Finance and Economic Development             to explain why the Ministry has not submitted the following, in relation to the             ZAMCO debt acquisition beneficiaries, to Parliament:

  1. List all the individuals and companies whose debt was acquired;
  2. List of financial institutions that were owed before acquisition;
  3. How the debt was acquired and approved by Parliament without any list or explanation as to who the end beneficiaries were; and
  4. How the beneficiaries were identified, and to avail to Parliament the minutes of the meetings that were held to identify the beneficiaries.

[Deferred 8th February 2023]

 

 

*4.       Hon. Markham: To ask the Minister of Finance and Economic Development             to inform the House on the following:

  1. Annual income and expenditure of the Sovereign Wealth Fund annually since its inception and the management modalities of the Fund;
  2. Who makes the operational decisions on expenditure and programs of the Fund;
  3. Who comprises the current Board, and if Minister could provide proof that these were done in a transparent manner;
  4. To confirm if the Fund were ever audited;
  5. To submit before the House the annual board reports and the strategic plans;
  6. Who the appointed investment managers are and how they were appointed; and
  7. To confirm all accounts that the RBZ is custodian to, and if there are any other custodians.

     [Deferred 8th February 2023]

 

 

  1. Hon. Markham: To ask the Minister of Finance and Economic Development to provide Annual Returns, including investment mandates and guidelines and             the performance of funds, as well as any other reports of the Sovereign Wealth            Fund that must be tabled before Parliament.

[Deferred 8th February 2023]

 

  1. Hon. Markham: To ask the Minister of Finance and Economic Development to confirm whether the Sovereign Wealth Fund covers any Government Debt,             lending, or can be used as government collateral or guarantee to any liability.

[Deferred 8th February 2023]

 

 

 

  1. Hon. Markham: To ask the Minister of Finance and Economic Development to explain why seven years after the Act was passed there is still no website, no             contact details, no board details, no executive detail, no address, and no fund             details for the Sovereign Wealth Fund.

[Deferred 8th February 2023]

 

 

*8.    Hon. Markham: To ask the Minister of Justice, Legal and Parliamentary       Affairs to explain to the House:

  1. Why the Justice Uchena Report has still not been brought before this House even though it was completed and handed to His Excellency, the President, in December 2019; and
  2. To further elaborate how much money was used by the Commission and to state when it was paid out.

[Deferred 8th February 2023]

 

 

*9.  Hon. Munochinzwa: To ask the Minister of Women Affairs, Small and             Medium Enterprises and Community Development to appraise the House on             the measure being put in place to mitigate poverty prevalence among       women in the country.

[Deferred 8th February 2023]

 

 

    ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

  

  1. Hon. Mathe

               Hon.  Watson

                                                                                                           [Days elapsed: 16]

                                                                                               

   That this House considers and adopts the Report of the Portfolio Committee on    Health and Child Care on the petition from the Retail Pharmacists Association    on the need to open up administrative posts in the health sector to other    health professionals (S.C.43, 2022).

 

 

  1. Hon. Mataranyika

Hon. Raidza

            

[Days elapsed: 20]

 

That this House considers and adopts the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the inquiry into the state of affairs in Zimbabwe Prisons and Correctional Service Facilities and living conditions of prisoners.

 

 

  1. Hon. Mokone

               Hon. Nyabani

                                                                                                          [Days elapsed: 19]

 

            That this House considers and adopts the Report of the Portfolio Committee on

            Information, Media and Broadcasting Services on accreditation process of

            Media Practitioners and ZBC’s implementation plan for fair and balanced

            coverage of all Political Parties during elections. (S.C. 33, 2022)

           

  1. Hon. Mokone

               Hon.  Sithole J.

                                                                                                          [Days elapsed: 19]

 

   That this House considers and adopts the Report of the Portfolio Committee on

           Information, Media and Broadcasting Services on the state of New Ziana

            (S.C.40, 2022).            

 

      

  1. Hon. Chidakwa

                 Hon. Madiwa

 

[Days elapsed: 10]

 

                 That this House-

    

               CONCERNED that Zimbabwe has not yet fully benefited from its mineral

    resources due to illicit mineral outflows;

           

    ACKNOWLEDGING that most of the mining companies in Zimbabwe are

    privately owned resulting in mineral leakages and challenges faced by

    government in curbing such loses;

 

    ALSO NOTING that enforcing accountability on mineral beneficiation outside

    Zimbabwe is not an easy task for government;

 

    DETERMINED to ensure that Zimbabwe derives optimum benefits from its

    Share of minerals accrued as royalty tax in the form of money, considering the

    limited capacity of the government to determine the quantum value that has to

    be received;

 

      NOW, THEREFORE, calls upon government to-

  1. Open up new mines to private investors so that more benefits can be accrued by the state; and
  2. Put in place a strategic legal framework for mines to be professionally run through contracted private investors in order to avoid illicit mineral leakages.

 

  1. Hon. Mayihlome

             Hon. Nguluvhe

 

[Days elapsed: 10]

 

            That this House takes note of the Report of the Portfolio Committee on             Defence, Home Affairs and Security Services on the Benchmark visit to             Namibia on welfare of veterans of the liberation struggle from 18 to 24             September (S.C. 42,2022)

 

  1. Hon. Gabbuza

            Hon. Mnangagwa

                                                                                                                                [Days elapsed: 9]

 

That this House considers and adopts the Report of the Portfolio Committee on Energy and Power Development on the supply and distribution of transformers in Zimbabwe (S.C. 44, 2022).

 

  1. Hon. Madiwa

            Hon. B. Dube

                                                                                                          [Days elapsed: 2]

That this House considers and adopts the Report of the Portfolio Committee on Women Affairs, Community, Small and Medium Enterprises Development on Second Quarter Budget Performance Report of the Ministry of Women Affairs, Community, Small and Medium Enterprises Development (S.C. 1, 2023).

 

  1. Hon. Dr. Nyashanu

            Hon. Madzimure

 

That this House considers and adopts the Report of the Portfolio Committee on Budget, Finance and Economic Development on visits to Flagship Infrastructure Projects (S.C. 4, 2023).

 

 

 

  1. Adjourned debate on motion on the Report of the Public Accounts Committee on non- compliance with regards to the submission of financial statements to the Auditor General by some Local Authorities (Adjourned 16th February

                2023 – Hon. R.R. Nyathi)

                                                                           [Day elapsed: 2]

 

 

        Question proposed:  That this House considers and adopts the Report of the Public Accounts Committee on non- compliance with regards to the submission of financial statements to the Auditor General by some Local Authorities (S. C. 32, 2022). – Hon B. Dube

 

  1. Adjourned debate on motion on the Delegation Report of the Bilateral Visit to

                India from 5th to 12th December, 2022 (Adjourned 14th February

                2023 – Hon. Mutambisi)

 

[Days elapsed: 5]

 

Question proposed: That this House takes note of the Delegation Report of the Bilateral Visit to India led by Hon. Advocate Jacob Francis Nzwidamilimo Mudenda, Speaker of Parliament from 5th to 12th December, 2022- Hon. Shamu

 

 

  1. Adjourned debate on motion on the Delegation Report of the the Delegation

                  Report of the 52nd Plenary Assembly Session of the SADC-Parliamentary                           Forum held in the Democratic Republic of Congo from 3 to 11 December                        2022.(Adjourned 14th February, 2023 – Hon. Ndiweni)

           

[Days elapsed: 4]

 

          Question proposed: That this House takes note of the Delegation Report of the

          52nd Plenary Assembly Session of the SADC-Parliamentary Forum held in the

          Democratic Republic of Congo from 3 to 11 December 2022 – Hon. Ndiweni.

 

 

  1. Adjourned debate on motion on the report of the Public Accounts Committee on

the Analysis of Auditor General’s 2020 Report of the Harare City Council (Adjourned 28th February, 2023 – Hon. R.R. Nyathi)

 

[Day elapsed: 1]

 

Question proposed: That this House considers and adopts the report of the Public Accounts Committee on the Analysis of Auditor General’s 2020 Report of the Harare City Council – Hon. Dube

 

 

  1. Adjourned debate on motion on the Second Reading of the Electoral Amendment Bill, (H.B. 11, 2022) (Adjourned 16th February, 2023 – The         Minister of Justice, Legal and Parliamentary Affairs).

 

               Question proposed: That the Electoral Amendment Bill, (H.B. 11, 2022) be

               now read a second time – The Minister of Justice, Legal and   Parliamentary

               Affairs.

 

 

  1. Second reading: Criminal Law (Codification and Reform) Amendment Bill (H.B. 15, 2022) –The Minister of Justice, Legal and Parliamentary Affairs           

 

  1. Adjourned debate on motion on the Second Reading of the Prisons and

                Correctional Services Bill, (H. B. 6, 2022) (Adjourned 31st January 2023 –The

                                             Minister of Justice, Legal and Parliamentary Affairs).

 

               Question proposed: That the Prisons and Correctional Services Bill, (H. B. 6,

               2022) be now read a second time – The Minister of Justice, Legal and

               Parliamentary Affairs    

 

 

  1.  Adjourned debate on motion on the Second Reading of the Medical Services

               Amendment Bill (H.B. 1, 2022) (Adjourned 16th February, 2023 – The Deputy         Minister of Health and Child Care).

 

         Question proposed: That the Medical Services Amendment Bill (H.B. 1, 2022)    be now read a second time-The Vice President and Minister of Health and                   Child Care.

 

 

  1. Committee: Insurance Bill, (H.B. 1, 2021) – The Minister of Finance and

            Economic Development.

 

 

  1. Second reading: Public Finance Management Amendment Bill, (H.B. 4,                           2021) The Minister of Finance and Economic Development (Restored 57th                     December, 2022 – The Minister of Justice, Legal and Parliamentary Affairs).

 

  1. Committee: To resume on the Insurance and Pensions Commission Amendment Bill (H.B. 6, 2021) – (Progress reported 28th February, 2023- The  Deputy Minister of Finance and Economic Development)

 

(Clause 4 which was deferred, under consideration)

 

(See Notice of Amendments)

 

           

  1.       Adjourned debate on motion on the Second Reading of the Children’s    Amendment Bill, (H. B. 12, 2021) (Restored 7th December 2022– The Minister             of Justice, Legal and Parliamentary Affairs).

 

           Question proposed:  That the Children’s Amendment Bill, (H. B. 12, 2021) be       now read a second time - The Minister of Public Service, Labour and Social     Welfare.

 

  1. 22.     Adjourned debate on motion on the Second Reading of the Labour    Amendment Bill, (H.B. 14, 2021) (Restored 7th December, 2022 – The    Minister of Justice, Legal and Parliamentary Affairs).

 

            Question proposed: That the Labour Amendment Bill, (H. B. 14, 2021) be now    read a second time - The Minister of Public Service, Labour and Social     Welfare.            

 

  1. 23. Second reading: Electricity Amendment Bill, (H.B. 7, 2022)– The Minister of Energy and Power Development - (Restored 7th December 2022 – The   Minister of Justice, Legal and Parliamentary Affairs).

           

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned                  14th February 2023- The Minister of Justice, Legal and Parliamentary                                 Affairs).

 

[Days elapsed: 10]

 

          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. Togarepi                

 

  1. Adjourned debate on motion on the report of the Zimbabwe Electoral          Commission for the 7th May 2022 By-elections (Adjourned 31st January                    2023- The Minister of Justice, Legal and Parliamentary Affairs

 

                    Question proposed: That this House takes note of the report of the Zimbabwe Electoral Commission for the 7th May 2022 By-elections, presented to this     House of Parliament in terms of section 241 of the Constitution of Zimbabwe         as read with section 13 (1) of the Electoral Act [2.13]- The Minister of Justice,       Legal and Parliamentary Affairs

 

 

 

notice of amendmentS

Electoral Amendment Bill, (H B 11, 2022)

                                              

By the Hon. Gonese

 

AMENDMENT OF CLAUSE 2

          Clause 2 (“Amendment of section 4 of Cap. 2. 13”) of the Bill is amended on page 1 in line 9 to page 2 in line 2 by the deletion of sub-paragraph (a). 

 

INSERTION OF NEW CLAUSES

       The Bill is amended on page 2 in line 8 before clause 3 by the insertion of the following—

 

    “3. Amendment of section 17A of Cap 2:13

           The principal Act is amended in section 17A (“Voter registration to be conducted continuously”) by the insertion of the following paragraph after paragraph (b) in subsection (2)—

            “ (c)       voter registration shall facilitate the enjoyment of rights provided for in

                           the Constitution and must be governed by principles of trust,

                           inclusivity, accuracy, comprehensiveness and transparency.”.

   

  1. Amendment of section 21 of Cap. 2:13

            The principal Act is amended in section 21 (“Inspection of voters rolls and provision of copies”) as follows—

  • in subsections (3), (4), and (6) by the deletion of the phrase “within a reasonable period of time” and the substitution of “within seventy-two (72) hours” wherever it appears;
  • in paragraph (a) of subsection (6) by the insertion of “non-editable” before “electronic”;
  • by the deletion of paragraph (b) of subsection (6).

 

  1. Amendment of section 37A of Cap. 2:13

           The Principal Act is amended in section 37A (“Delimitation of constituencies and electoral divisions to be conducted openly and with consultation”) as follows—

  • by the repeal of subsection (2) and the substitution of the following—

     “(2) When fixing or reviewing the boundaries of constituencies and other electoral divisions, the Commission shall—

  • ensure that boundaries bringing apart electoral districts are set up in a way that matches interest communities (that is governmental regions, ethnic communities, racial communities and geographical zones);
  • within eight (8) months before elections receive representations from voters, political parties and other interested persons and bodies likely to be affected by the decision made by the Commission;
  • meet the National Multi-Party Liaison Committee to receive representations in order to delimit by gender, wards in local authorities, being that each ward may not be allocated the same gender for a period exceeding two (2) five (5) year terms of office coterminous with the life of Parliament;
  • meet the National Multi-Party Liaison Committee to receive representations in order to delimit provinces for purposes of National Assembly youth seats to be held by persons aged between the ages 18 years to 35 years;
  • for the purpose of youth representation to the National Assembly, each province shall not be allocated the same gender for a period exceeding two (2) five (5) year terms of office coterminous with the life of Parliament;
  • publish in the Gazette the date, time and place a meeting in terms of paragraph (a) and (b) shall be convened.”.
  • by the insertion of new sub-sections (3), (4) and (5) as follows—

“(3) After receiving representations from voters, political parties, Multiparty Liaison Committees and other interested persons and bodies; and having concluded the delimitation process, the Commission shall prepare and publish a report in the Gazette within sixty (60) days.

(4) The Commission shall promulgate regulations that will detail the implementation of the delimitation process in terms of this section. The delimitation process should avoid any kind of manipulation and gerrymandering.

(5) In the event of a boundary dispute, any person can lodge a complaint with the Commission, which shall be determined within seven (7) days of lodging the complaint. If anyone is aggrieved by the decision of the Commission, they shall lodge an appeal with the Electoral Court.”.

and the subsequent clauses shall accordingly be renumbered.

 

 

 

                             INSERTION OF NEW CLAUSE

        The Bill is amended by the insertion of a new clause before the new clause 11 (previously clause 8) on page 7 in line 40 as follows—

“11. Amendment of section 47 of Cap. 2:13

        The Principal Act is amended in section 47 (“Nomination fee”) by the insertion a new sub-section (2) as follows—

       “(2) The nomination fee shall neither be exorbitant nor inhibitive but reasonable enough to allow an eligible citizen to stand for election for public office.”.

and the subsequent clauses shall accordingly be renumbered.

 

NEW CLAUSES SUBSTITUED FOR CLAUSE 9

         The Bill is amended on page 8 between lines 1 and 5 by the deletion of clause 9 (now clause 12) and the substitution of the following—

                            

“12. Insertion of sections to Cap. 2:13

        The principal Act is amended by insertion of the following section 52B and C—

 

“52B. Printing of Ballot Paper

The Commission shall call for a competitive tender to print ballot papers and all related electoral material including the procurement of indelible ink, the supply of ballot boxes and all relevant material.

 

52C. Zimbabwe Election Commission National Logistics Committee

 (1) Every political party in Parliament should have one representative each in the Commission’s National Logistics Committee established in terms of paragraph 7 of the First Schedule to the Zimbabwe Electoral Commission Act [Chapter 2:12].

(2)             All other political parties that are not in parliament shall have one representative in the Commission’s National Logistics Committee.

 

  1. Amendment of section 57 of Cap:13

              The principal Act is amended in section 57 (“Manner of voting”) by the insertion of the following sub-paragraph (d) after paragraph (c) as follows —

     “(d) a tactile ballot jacket shall be provided for persons with visual impairment.”.

  

  1. Insertion of new section to Cap 2:13

The principal Act is amended by insertion of the following sections after section 81 — 

“81A. Persons entitled to special vote

        (1) In subsection (2)—

                  “essential service” includes—

  • any hospital or medical service;
  • any transport service;
  • any service relating to the generation, supply or distribution of electricity;
  • any service relating to the supply or distribution of water;
  • any sewerage or sanitary service;
  • any service relating to the production, supply, delivery or distribution of food, fuel or coal;
  • any fire brigade;
  • communications services.

       (2) A registered voter shall be entitled to cast a special vote in terms of this Part before the polling day or first polling day in an election if he or she will be unable to vote at a polling station in his or her constituency or ward because he or she—

  • is or will be an electoral officer; or
  • is a member of a security service who will be performing security duties during the election; or
  • is likely to be employed in an essential service; or
  • will be, or is likely to be, a patient in a hospital, clinic or similar place; or
  • are detained in prison; or
  • is a person with a disability; or for any other reason that may be prescribed.

 

81B. Fixing of date, place and time of special voting

       (1) As soon as practicable after the calling of an election, the Commission shall fix for the purposes of special voting—

  • two (2) polling days, the last polling day of which shall be at least sixteen (16) days before the polling day or first polling day, as the case may be, in the election; and
  • the location of polling stations, which shall be located at a constituency or ward centre:

             Provided that if the Commission considers that the constituency or ward in question is too large or that for any other reason special voters may be prejudiced by having only one special polling station within a constituency or ward, the Commission may establish one or more additional polling stations within the constituency or ward, to be called "special district sub-centre polling stations"; and

  • the hours during which special voting can take place.

       (2) Where two or more elections are held concurrently, the Commission shall fix the same polling days, the same special polling stations and the same hours of polling for all the elections.

       (3) The Commission shall give reasonable public notice of the days and hours fixed for special voting, and of the location of the special polling stations, to—

  • the persons who are or will be entitled to cast special votes:

       Provided that, in the case of members of security services, it shall be sufficient for the Commission to give notice to their commanding officers; and

  • political parties and candidates contesting the election; and
  • observers accredited for the election.

 

81C. Where special voters must vote

       (1) A voter who is authorised to cast a special vote in terms of this Part must cast his or her vote at the special polling station for the constituency or ward in which he or she is or another special polling station in a different constituency or ward nearer where the voter is.

 

        (2) A voter who has been authorised to cast a special vote shall not be entitled to vote in any other manner than by casting a special vote in terms of this Part.

 

81D. Application for special vote

       (1) A person who wishes to cast a special vote in an election shall apply for authorisation to the Commission at least fourteen (14) days before the first special polling day in the election.

       (2) An application under subsection (1) shall—

  • be in the prescribed form; and
  • be signed by the applicant and accompanied by, or a certified copy of, his or her national registration card or voter registration certificate; and
  • where the application is made by an electoral officer, be accompanied by a certificate from the Chief Elections Officer stating that the applicant will be carrying out duties as an election officer in the election concerned elsewhere than in the constituency in which the applicant is registered as a voter; and
  • where the application is made by a member of a security service, be accompanied by a certificate from his or her commanding officer stating that the applicant will be deployed to carry out security duties elsewhere than in the constituency or ward in which the applicant is registered as a voter.

       (3) The Chief Elections Officer shall number all applications for authorisation received by the Commission, noting on each of them the date on which it was received, and shall permit them to be inspected by members of the public, for the prescribed fee, if any, until the declaration of the result of the poll, when they shall be dealt with in terms of this Act.

 

81E. Issue or refusal of authorisation to cast special vote

        (1) If the Commission is satisfied that an applicant is entitled to cast a special vote in terms of this Part, the Chief Elections Officer shall—

  • notify the applicant accordingly and supply him or her with a written authorisation to cast a special vote; and
  • inform the applicant of the days on which he or she may cast a special vote and the place and times at which he or she may do so.

 

      (2) The Chief Elections Officer shall keep a list of all authorisations issued in terms of subsection (1), which list shall contain the following details of every person to whom an authorisation has been issued— 

  • the person's name and address; and
  • the person's voter registration number; and
  • the ward and constituency in which the person is registered; and shall be open for inspection by members of the public, for the prescribed fee, if any, until the declaration of the result of the poll, when it shall be dealt with in terms of this Act.

      (3) The Chief Elections Officer shall ensure that the voters roll supplied to each constituency and ward centre for the purposes of the election has a line drawn through every voter in the ward who has been authorised to cast a special vote and shall inscribe opposite that person's name the letters "S.V.".

       (4) If the Commission is not satisfied that an applicant is entitled to cast a special vote in terms of this Part, the Chief Elections Officer shall immediately notify the applicant that authorisation has been refused and that the applicant must attend personally at a polling station to cast his or her vote.

      (5) Any person aggrieved by the decision of the Commission to deny him or her special vote is entitled to make an urgent appeal to the Magistrate’s Court or the Electoral Court.

 

81F. Procedure for special voting

 

      (1) The Commission shall ensure that on the first day fixed for special voting in terms of section 114, special polling stations are established at the constituency or ward centre for special voting.

      (2) The Commission shall provide a ballot box at each special polling station clearly marked "Special Voting Ballot Box".

     (3) Special ballot papers shall be in the same form as ballot papers delivered to voters at polling stations on any polling day in the election concerned, except that special ballot papers shall be inscribed in the top right-hand corner with the letters "S.V.".

     (4) Not more than thirty minutes before the commencement of the poll at a special polling station, the constituency elections officer shall—

  • satisfy himself or herself that the special ballot box to be used at the special polling station is empty; and
  • show the interior of the empty special voting ballot box to such of the candidates, election agents, observers and other persons entitled to attend at the special polling station as are present; and
  • immediately thereafter close and seal the ballot box in accordance with instructions issued by the Commission.

 

      (5) The seal of the ballot box shall be broken—

  • at the start of polling on the first special voting day, and then re-sealed at the close of the poll; and
  • at the start of polling on the second special polling day, and then the ballot box shall be opened at the close of the poll; in the presence of such of the candidates, election agents, observers and other persons entitled to attend at the special polling station as are present.

(6) The procedure for voting at special polling stations shall be the same as for voting at ordinary polling stations on the polling day or days in the election concerned, except that—

  • the voter, in addition to his or her proof of identity, shall be requested to produce his or her authorisation to cast a special vote; and
  • the voter shall be given an envelope clearly inscribed with the words "Special Ballot Papers" and the name of the constituency and ward in which he or she is registered, and shall be instructed that, after marking the ballot paper in accordance with this Act, he or she must place the ballot paper in the envelope and seal the envelope before depositing it in the special ballot box:

             Provided that, where more than one election is being held concurrently in the constituency, the voter shall be instructed to place all his or her marked ballot papers in the same envelope; and

  • voters casting special ballots shall comply with the instructions given to them in terms of paragraph (b).

      (7) Subject to this section, the provisions relating to the conduct of a poll shall apply, with any necessary changes, to special voting.

 

81G. Opening of special ballot boxes

       (1) Immediately after the time fixed for voting at a special polling station has ended, the constituency elections officer shall, in the presence of such candidates, election agents, observers and electoral officers as are present—

  • open the special ballot box; and
  • count and record the number of envelopes in the special ballot box; and
  • compare the number of envelopes in the special ballot box with the number of persons who were authorised to cast a special vote in the constituency or ward, as notified by the Chief Election Officer, and, if there is any discrepancy between the numbers, inform the candidates, election agents and observers who are present.

 

       (2) The constituency elections officer shall then place in a package all the envelopes found in the special ballot box and shall seal the package and permit the candidates, their election agents and observers who are present to inscribe their signatures over the place where the package is sealed.

       (3) The constituency elections officer shall then personally convey to the provincial elections officer—

  • the package that has been sealed in terms of subsection (2); and
  • the record of the number of envelopes contained in the package; whereupon the provincial elections officer shall take charge of them and be responsible for their safe custody and transmission to the Chief Elections Officer.

(4) Upon receipt of the package that has been sealed in terms of subsection (2), the Chief Elections Officer shall at least five (5) days before the polling day or first polling day, as the case may be, in the election, give notice to each candidate or his or her chief election agent of the time, date and place at which he or she will—

  • open the package referred to in subsection (3); and
  • count and record the number of envelopes in the package; and
  • compare the number of envelopes in the package with the number recorded by the constituency elections officer of the special polling station and, if there is any discrepancy between the numbers, inform the candidates, election agents and observers who are present.

(5) Immediately after completing the formalities required by subsection (4), the Chief Elections Officer shall forthwith distribute the envelopes, unopened, to the constituency elections officers for the constituencies or wards indicated on the backs of the envelopes, together with an accompanying note indicating the number of envelopes that are sent and the special ballot paper envelopes shall be dealt with in terms of this Act.

 

81H. Procedure for voting by citizens outside Zimbabwe

     The commission shall establish voting facilities in such countries hosting a significant number of Zimbabweans who shall cast their votes for Presidential candidates only.

 

81I. Offences in relation to special votes

     (1) Any person who, having been authorised to cast a special vote in terms of this Part, casts or attempts to cast a vote at an ordinary polling station shall, whether or not he or she has cast a special vote at the same election, be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six (6) months or to both such fine and such imprisonment.

       (2) A person who attempts to induce any other person to obtain a special ballot paper with the intention of influencing him or her by bribery or intimidation to record his or her vote in favour of a particular candidate shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six (6) months or to both such fine and such imprisonment and, in addition to any such punishment, may, if he or she is convicted of that offence by the Electoral Court, be declared by the Electoral Court to be disqualified from voting at any election for a period not exceeding five years.

      (3) Any person who makes or induces any other person to make a false statement in an application for a special ballot paper shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six (6) months or to both such fine and such imprisonment.

 

 

 

  1. Amendment of section 95 of Cap:13

           The principal Act is amended in section 95 (“Election agents”) by the insertion of the following subsection after subsection (7)— 

        “(8) Political parties and independent candidate shall ensure that they     comprehensively train their election agents before deploying them.”.

 

INSERTION OF NEW CLAUSES

         The Bill is amended on page 8 in line 13 by the insertion of the following new clauses after clause 16 (previously clause 10)—

    

“17. Amendment of section 133 of Cap :13

              The principal Act is amended in section 133 (“Responsibilities of political parties and candidates”) by the insertion of the following sub-paragraphs after paragraph (c) —

“(d) The Code of Conduct set out in the Fourth Schedule shall be binding on all political parties, candidates and agents participating in an election.

       (e) If any party violates the provisions of the Code, the Commission may—

  • disqualify the candidate from participating in the election in the constituency or ward concerned; or
  • stop the candidate or party from campaigning for a period of time; or
  • issues a warning; or
  • forfeit a candidate’s deposit; or
  • bar the party, agent or candidate from not using the media.”.

 

  1. Amendment of section 160G of Cap 2:13

Section 160G (“Access to public broadcasting media”) of the principal Act is amended

in subsection (2) —

  • by the insertion of the following paragraphs —

“(f) a code of conduct to govern media practitioners’ conduct during elections and the

       penalties for contravening the code.

(g) that appropriate measures, as may be prescribed, are provided for to prevent any   

     form of abuse or curtailment of the right of access to the broadcasting services.”.

 

  • by the insertion of the following subsection after subsection (3) —

                  “(3) The media shall, as far as practicable, provide information in officially

               recognised languages or endeavour to translate .”.

 

 

19 Insertion of new section to Cap 2:13

      The principal Act is amended by the insertion of the following new section after section 182—

 

“182A. Assumption of Office by the President - Elect

 

        (1)  There shall be established an ad hoc Committee which shall be called the Assumption of the Office of President Committee which shall comprise of, the— 

  • Chief Secretary to the Cabinet who shall be the Chairperson;
  • Permanent Secretary responsible for Justice, Legal and Parliamentary Affairs;
  • Permanent Secretary responsible for Home Affairs;
  • Permanent Secretary responsible for Foreign Affairs;
  • Permanent Secretary responsible for Local Government;
  • Permanent Secretary responsible for Defence;
  • Attorney General;
  • Chairperson of the Public Service Commission;
  • The Director General of the Intelligence Services ;
  • The Commander of the Defence Forces;
  • The Commissioner General of the Police Services;
  • The Commissioner General of the Prison Services.

       (2) The Permanent Secretary responsible for Justice Legal and Parliamentary Affairs shall be the Secretary to the Committee.

       (3) The Chairperson of the Committee shall convene the first meeting of the Committee upon the conclusion of the harmonized elections.

       (4) The quorum of the Committee shall be two thirds of its membership

       (5) The  Committee shall — 

  • to ensure the smooth transfer of power from an outgoing president to the president elect where applicable;
  • make arrangements for the security of the President Elect;
  • make arrangements for the briefing of the President Elect by public officials on relevant matters;
  • make provisions for the assignment of personnel and facilities for the president elect;
  • organise and coordinate meetings and communication between the outgoing president and president elect;
  • make preparations for the inauguration program;
  • execute any other functions and activities related to its mandate.

     (6) The President Elect shall be entitled to consult the Committee in order to carry out any preparations necessary for the Assumption of Office.

 

     (7) The President Elect shall be entitled to seek any information in writing from any Public Officer the President Elect considers necessary and such officer shall be obliged to provide such information.

 

      (8)  The Committee shall make all the necessary arrangements for the swearing in ceremony including publication in the Gazette.

 

       (9) After the taking of the oath of office by the President Elect the outgoing President shall hand over the symbolic instruments of power being the Constitution and a sword

 

         (10) This section shall not apply if the incumbent is re-elected into office.

 

20 Amendment of section 192(6) of Cap 2:13

 

       Section 192 (“Regulatory powers of Commission”) of the Principal Act is amended by deletion of “approved by the Minister and” in section 192(6).

 

By the Hon. Hwende

 

INSERTION OF NEW CLAUSES

       The Bill is amended on page 2 in line 8 before clause 3 by the insertion of the following—

 

    “3. Amendment of section 9 of Cap 2:13

           The principal Act is amended in section 9 (“Chief Elections Officer and other employees of the Commission”) in —

  • sub-section (5) by the repeal of the words “without the approval of the Minister”;
  • sub-section (8) by the repeal of the words “with the approval of the Minister responsible for finance.”.

   

  1. Amendment of section 10 of Cap. 2:13

            The principal Act is amended in section 10 (“Staff of Commission during elections”) by the insertion of the following proviso to sub-section (1)—

“Provided that, such staff seconded to the Commission for the purposes of elections must not be political party activists or have traceable affiliation to any political party.”.

 

  1. Amendment of section 12 of Cap. 2:13

           The Principal Act is amended in section 12 (“Funds and Finances of Commission”) by the repeal of paragraph (e) to sub-section (1).

 

  1. Amendment of section 17A of Cap. 2:13

           The Principal Act is amended in section 17A (“Voter registration to be conducted continuously”) after sub-section (2) by the insertion of the following sub-sections after —

      “(3)    The Commission and the Registrar General shall ensure that an electronic biometric voter registration is kept and maintained.”.

 

  1. Amendment of section 20 of Cap. 2:13

           The Principal Act is amended in section 20 (“Voters Roll to be kept by Commission”) by —

  • the repeal of sub-section (1) and the substitution of the following—

       “ (1) The Commission shall keep and maintain in printed and electronic form a voters roll for each polling station, ward and constituency, containing the names of all registered voters who may vote at polling station, ward and constituency as the case might be:

Provided that in the event that a voter is illiterate or physically handicapped and therefore would need assistance at the time of voting the Commission shall ensure that a note of such condition is contained in the voters roll.";

  • the insertion of a new sub-section after sub-section (5) as follows—

“(6) In order to identify a prospective voter the polling agents shall be furnished with a voters roll bearing pictures of all registered voters such that upon entry at the polling station to record their votes, the presiding officer or election official shall cause the announcing of their names for all polling agents to validate the facial features and name of the aspiring voter on the voters rolls provided.”.

 

  1. Amendment of section of 21 Cap. 2:13

           The Principal Act is amended in section 21 (“Inspection of voters rolls and provision of copies”) by the repeal of sub-section (2) and the substitution of the following—

             “(2) A person inspecting any voters roll in terms of subsection (1) may, without removing the roll  from the office where it is kept—

             (a)             photograph or make a copy of the roll or any part of it; and

             (b)        make written notes of anything contained in it.”

 

  1. Amendment of section 37C of Cap. 2:13

           The Principal Act is amended in section 37C (“Electoral centres and transmission of results to and between electoral centres”) after sub-section (4) by the insertion of the following sub-section—

              “(5) The Commission shall ensure that, for at least two months after the announcement of the result of the election concerned, all voting returns are kept open for inspection by members of the public at all reasonable times, and copies shall be provided upon payment of prescribed fees at—

  • the head office of the Commission, where the returns are for an election to the office of President;
  • the provincial command centre of the province concerned, where the returns are for an election of party-list members of Parliament for a province or members of a provincial council;
  • the constituency centre of the constituency concerned, where the returns are for an election of a member of the National Assembly for a constituency;
  • the ward centre of the ward concerned, where the returns are for an election of a councillor for a ward.”.

 

  1. Amendment of section 40I of Cap. 2:13

           The Principal Act is amended in section 40I (“Accreditation of observers”) in  sub-section (1a) by the insertion of the following sub-paragraph—

            “(b1)  open observer accreditation at least six months before any General election and one month before any by-election.”.

and the subsequent clauses shall accordingly be renumbered.

 

INSERTION OF NEW CLAUSES

         The Bill is amended on page 8 in line 1 by the insertion of the following new clauses before clause 17 (previously clause 9)—

    

“18. Amendment of section 59 of Cap 2:13

The principal Act is amended in section 59 (“Voting by illiterate or physically handicapped voters”) by the insertion—

  • of the following sub-paragraphs after paragraph (a) —

                    “(a1) provide a ballot paper in braille or any other form where so requested

                              by a visually impaired voter;”;

  • by the insertion after sub-section (5) of the following sub-section—

                    “(5a) The Commission shall—

  • verify and consider objections to assisted voting claimants;
  • cause the publication of the list of assisted voters at all polling stations.”.

 

  1. Amendment of section 64 of Cap 2:13

        Section 64 (“Procedure after counting at polling station”) of the principal Act is

                 amended by the insertion of the following sub-section after sub-section (2) —

                  “(3) After affixing a polling station return on the outside of the polling station in 

                 terms of subsection (1)(e), the presiding officer shall personally transmit the polling

                 station returns electronically directly to the National Tallying Centre which shall post

                 the returns on  a public portal.”.

 

           

  1. Amendment of section 70 of Cap 2:13

Section 70 (“Custody and disposal of ballot and other papers”) of the principal    Act is amended by the insertion of the following sub-section after sub-section (7a) —

                  “(7a) The Electoral Court may—

  • order the opening of ballot boxes and the examination of electoral material if it is necessary to do so for the purpose of re-counting votes or investigating or prosecuting a criminal offence;
  • prohibit the destruction of electoral papers if they are needed to investigate or prosecute an offence.”.

 

  1. Insertion of new section to Cap 2:13

              The principal Act is amended by the insertion of the following new section

            after section 80—

 

“81. Special Voting

 

                     The Commission shall establish voting facilities for citizens who are not ordinarily

               resident in Zimbabwe, prisoners, hospitalised, civil servants designated as polling

               officers on election day outside their assigned polling stations and members of the

               disciplined forces on duty on election day.”.

 

  1. Amendment of section 110(3)(a(iii) of Cap 2:13

                 Section 110 (“Determination and declaration of result of election of President”) of the

              Principal Act in sub-section (3)(a)(iii) by the insertion after “Chief Elections Officer”

               of “electronically and by hand”.

 

and the subsequent clauses shall accordingly be renumbered.

 

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

 

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

AMENDMENT OF CLAUSE 2

Section 2 (“Interpretation”) of the Insurance and Pensions Commission Act [Chapter 24:21] (hereinafter called the “principal Act”) is amended—

  • by the repeal of the definition of appointed member.
  • by the insertion of the following definitions—

““closely related” means any person who, the following shall be—

  • a father, mother, in law, brother or sister of the person;
  • a partner of the person, unless a court or the Commissioner is satisfied that neither person acts in accordance with the directions, requests, suggestions or wishes of the other;
  • a partner in a partnership, if the person, either alone or together with one or more associates, controls fifty per centum or more of the rights to the partnership’s income or capital;
  • the trustee of a pension fund under which the person, or an associate of the person, benefits or may benefit;
  • trustee of a pension Fund, or any other person who benefits or may benefit under the pension fund; and
  • where the person is a company—
  1. a person who, either alone or together with one or more associates, controls the company; or
  • another company which is controlled by a person referred to in subparagraph (i), either alone or together with one or more associates”

 “asset” includes any property and any right, whether vested or contingent, of whatever kind provided that shares shall be exempted from being designated as assets.

 

AMENDMENT OF CLAUSE 3

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

on page 4 after line 4 of the Bill, delete clause 3 and substitute with the following:

 “3A Objects of Commission

 Objects of Commission shall be to—

               (a)    regulate and supervise the insurance and pensions sectors;

       (b)    promote the maintenance of a fair, safe and stable insurance and pensions sector for the benefit and protection of policy owners and pension and provident fund members;

       (c)    ensure that insurance and pensions sector adhere to principles of  accountability and transparency;

               (d)    promote and encourage the development of the insurance and pensions sectors.”

 

AMENDMENT OF CLAUSE 4

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

On page 4 after line 14 of the bill, delete clause 4 and substitute with the following—

 

     Section 4 (“functions and powers of commission”) of the principal act is amended—

  • in paragraph (c)  by the insertion of “and regulate” after “monitor”;
  • by the insertion of the following paragraphs—

               “(g) to approve, for purposes of continuing or commencing operations in the insurance and pensions sector,  actuaries, auditors, asset managers, credit rating agencies and other service providers; and

               (h) to research and implement on the international best practices in the insurance and pension sector; and

               (i)  to facilitate insurance and pensions market development; and

          (j) to produce and implement policies, guidelines, standards, directives and circulars to guide    the sector on insurance and pension matters; and

          (k) to conduct investigations into any particular registered person or class of registered persons, where the commission considers such an investigation necessary for the purpose of preventing, investigating or detecting a contravention of this act or any other law governing the pensions and insurance sector.”

 

AMENDMENT OF CLAUSE 5

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

on page 4 line 33 of the Bill, by the deletion of clause 5 and substitution with the following—

“5 Board of Commission

(1) The operations of the Commission shall, subject to this Act, be controlled and managed by a board known as the Insurance and Pensions Commission Board.

(2) The Board shall consist of not more than seven members appointed by the Minister.

(3) Members referred to in subsection (2) shall be appointed for their knowledge of and experience in pension and insurance matters, or for their suitability otherwise for appointment”

AMENDMENT OF CLAUSE 8

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

on page 5, line 32 of the Bill, after the words “substitution of”, delete the words “two thirds” and substitute with the words “50 per-centum”

AMENDMENT OF CLAUSE 9

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

on page 5 line 37 of the Bill, after the word “shall” insert the words “in accordance with the requirements of the Public Entities Corporate Governance Act [Chapter 10:31] as reviewed from time to time,”

AMENDMENT OF CLAUSE 11

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

Clause 11 (“Policyholder and Pensions and Provident Fund Members Protection Fund”) of the Bill is amended—

 

  • by the repeal of paragraph 23F (4) on page 9and substitution of the following paragraphs —

 

“4. The Board of the fund should ensure that all unclaimed benefits specified in paragraph (g) together with any interests obtained from investments of such unclaimed benefits are held in security for the claims of its rightful owners  and only to be used for the purpose of compensating the rightful owners of such unclaimed benefits provided that the commission is able to, with the approval of the Minister, divest such funds to other objectives of the fund should the monies remain unclaimed for a period of over 30 years.

  1. The object of the Fund shall be to—

       (a)    compensate policyholders and pension, provident or retirement annuity fund members in accordance with this Act for losses directly incurred by them in the event of a contributor becoming insolvent.

               (b)    pay out unclaimed benefits to the right full owners whenever a claim is made.”

 

  • by the deletion of paragraph 23G(1) and substitution of the following—

 

(1) There is hereby established a board of not more than eight members, to be known as the Policyholder and Pensions and Provident Fund Members Protection Fund Board, appointed by the Minister and shall consist of the following members—

               (a) a representative from Insurance and Pensions Commission;

               (b) a representative of General Insurers chosen from their Association;

               (c) a representative of Long term Insurers chosen from their Association;

               (d) a representative of Policy holders chosen from their Association;

               (e) a representatives of Fund Members chosen from their Association;

               (f) a representative from the Ministry; and

               (g) one representative of interest, with the relevant skills, which the Minister deems appropriate;

Provided that the Minister shall appoint the Chairperson and Vice President of the Board of the Fund from the appointed members.

 

  • On page 13 line 29 by the deletion of “thirty per-centum” and substitution with “twenty five per-centum”.

 

AMENDMENT OF CLAUSE 13

By The Minister Of FINANCE AND ECONOMIC DEVELOPMENT

on page 15 line 6 of the Bill, by the deletion of the whole paragraph 32C and substitution with the following—

“32C Appeals

  1. Any person that is aggrieved by a decision of the Commission made in terms of this Act may appeal to the Minister against the concerned decision.
  2. In an appeal in terms of subsection (1), the Minister may conduct or cause to be conducted such inquiry into the matter as he or she thinks appropriate and shall, within thirty days of receiving the appeal, confirm, vary or set aside the decision appealed against:

Provided that the Minister shall ensure that the appellant and the Commission are given an adequate opportunity to make representations in the matter.

  1. Notwithstanding any other law, an appeal in terms of this section shall not suspend the decision made by the Commission.”

       BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

Mines and Minerals Bill, (H. B. 10, 2022) – The Minister of Mines and Mining Development (Referred 16th February, 2023)

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