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SENATE HANSARD 05 April 2016 25-38
PARLIAMENT OF ZIMBABWE
Tuesday, 5th April, 2016
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE HON. PRESIDENT OF THE SENATE in the Chair)
ANNOUNCEMENTS BY THE HON. PRESIDENT OF THE
SENATE
INVITATION TO THE ZITF OFFICIAL OPENING
THE HON. PRESIDENT OF THE SENATE: I have to inform
the Senate that the Zimbabwe International Trade Fair is inviting all
Senators to attend the ZITF Official Opening Ceremony on Friday 29th April, 2016. Hon. Senators are advised to either collect their invitation cards from the Public Relations Department Office No 2 on the Third
Floor, PAX House, or collect them from PR officials at the Members’
Dining Hall between 2 p.m. and 4 p.m. during the course of this week.
INVITATION TO A TRAINING WORKSHOP ON THE NATIONAL
PEACE AND RECONCILIATION BILL
THE HON. PRESIDENT OF THE SENATE: I also have to
inform the Senate that the National Transitional Justice Working Group, Zimbabwe; in collaboration with the Centre for Applied Legal Research and SAPST are inviting the Portfolio Committee on Justice, Legal and Parliamentary Affairs, Thematic Committee on Peace and Security and the Human Rights Committee to a one day training workshop on the National Peace and Reconciliation Bill to be held tomorrow,
Wednesday, 6th April 2016, at the Holiday Inn Hotel, Harare from 8 am to 1 pm.
MOTION
LEAVE TO MOVE RATIFICATION OF THE DOHA AMENDMENT
TO THE KYOTO PROTOCOL
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Madam President, I seek leave
of the House to move that;
WHEREAS, Section 327(3) of the Constitution of Zimbabwe provides that any International Treaty which has been concluded or executed by the President or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;
AND WHEREAS, on 8th December 2012, the 18th Conference of the parties to the Kyoto Protocol adopted the Doha Amendment to the
Kyoto Protocol, establishing the Second Amendment period from 1st
January, 2013 to 31st December, 2020;
AND WHEREAS Zimbabwe is a party to the United Nations Framework Convention on Climate Change and the Kyoto Protocol to the United Nations Framework Convention on Climate Change and is desirous of becoming a party to the Doha Amendment to the Kyoto
Protocol;
AND WHEREAS the Doha Amendment to the Kyoto Protocol has
not entered into force and shall enter into force on the nineteenth day after the date of receipt by the depository of an Instrument of
Acceptance, by at least three fourths of the Parties to the Kyoto Protocol; NOW THEREFORE, In terms of Section 327(2) of the Constitution of Zimbabwe, This House resolves that the Aforesaid Amendment be and is hereby approved.
Motion put and agreed to.
MOTION
RATIFICATION OF THE DOHA AMENDMENT TO THE
KYOTO PROTOCOL
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Madam President, I move that
WHEREAS, Section 327(3) of the Constitution of Zimbabwe provides that any International Treaty which has been concluded or executed by the President or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;
AND WHEREAS, on 8th December, 2012, the 18th Conference of the parties to the Kyoto Protocol adopted the Doha Amendment to the Kyoto Protocol, establishing the second commitment period from 1st
January, 2013 to 31st December, 2020;
AND WHEREAS, Zimbabwe is a party to the United Nations Framework Convention on Climate Change and the Kyoto Protocol to the United Nations Framework Convention on Climate Change and is desirous of becoming a party to the Doha Amendment to the Kyoto
Protocol;
AND WHEREAS, the Doha Amendment to the Kyoto Protocol
has not entered into force and shall enter into force on the nineteenth day after the date of receipt by the depository of an instrument of acceptance by at least three fourths of the parties to the Kyoto Protocol;
NOW THEREFORE, in terms of Section 327 (2) of the
Constitution of Zimbabwe, this House resolves that the aforesaid amendment be and is hereby approved.
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF ENVIRONMENT, WATER AND
CLIMATE (HON. MUCHINGURI): Madam President, I move that
Order of the Day, Number 1 be stood over until the rest of the Order of the Day have been disposed of.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
HON. SENATOR MAKWARIMBA: I would also want to add
my voice on the motion moved by Hon. Senator Tawengwa. Madam
President, with great appreciation of his vision, commitment and will to implement agreed policies, we are indeed honoured to proudly state that the National Prosecuting Authority Act and the Electoral Amendment Act, which were prioritised under the accelerated alignment of legislation as required under Section 324 of the Constitution are now operational. More-so, the General Laws Amendment Bill which will effect non-consequential changes to over 158 statutes, together with the Gender Commission and the Criminal Procedure and Evidence Amendment Bill which are already under consideration by Parliament will be implemented within his given timeframes. Mr. President, let us give thumbs up to His Excellency on his vision of bringing ways of doing business in our beloved nation. In this regard, the Companies Act and other pieces of legislation will be overhauled. Instead this Senate, within the context of his visionary leadership will have the Zimbabwe Investment Authority Amendment Bill which seeks to convert the authority into a true one-stop-shop investment centre tabled for consideration by this august Senate and everything will be properly executed for the benefit of the majority of the Zimbabwean people.
Mr. President, may I take this moment to convey my gratitude to our ever planning and thinking leader for the State Procurement
Amendment Bill that will be tabled before this Senate…
HON. SEN. MLOTSHWA: On a point of order. Mr. President,
the Honourable Senator is reading.
THE HON. DEPUTY PRESIDENT OF THE SENATE: It is
his maiden speech.
HON. SEN. MLOTSHWA: He has spoken before. Yes, he has
asked questions before. So it is not his first time that he is speaking. It is not his maiden speech.
THE HON. DEPUTY PRESIDENT OF THE SENATE: The
Honourable Senator, you can speak to your notes.
HON. SEN. MOHADI: On a point of order. No, Mr. President, he has not given his maiden speech. He has talked before and we agree but he has not given his maiden speech.
HON. SEN. MLOTSHWA: What is a maiden speech?
HON. SEN. MOHADI: It is speech given for the first time.
THE HON. DEPUTY PRESIDENT OF THE SENATE:
Senator Makwarimba, you can continue but speak to your paper.
HON. SEN. MAKWARIMBA: It is my maiden speech Mr.
President Sir, so I have to read it.
THE HON. DEPUTY PRESIDENT OF THE SENATE: You
can speak to your paper without reading it.
HON. SEN. MAKWARIMBA:….the Bill which seeks to
improve efficiency in the public procurement system provides for the conversion of the current State Procumrent Board into a non-executive standards setting and compliance monitoring body. This Bill, while decentralising the procurement function to ministries, public enterprises and local authorities will also seek to curb corruption and nepotism. Through his desire to promote exports, boost industrialisation and enhance skills and technology transfer, the Special Economic Zones Bill will be tabled during session. Moreover, the Banking Amendment Bill which not only seeks to strengthen the banking regulatory system but aims to promote the revival and growth of the local manufacturing sector hence action is being taken to limit importation of goods for which there is adequate local production capacity, thus we applaud the recent import ban on soap, cooking oil, milk et al.
Mr. President, the mining sector remains the heart of our economy; however, underutilisation remains our biggest challenge. In this regard, we have to engage in maximum utilisation, extensive exploration programmes and value addition and beneficiation, thus through our visionary leader. The Mineral Marketing Corporation Bill which aims to transform the Mineral Marketing Corporation of Zimbabwe into a fully fledged mineral exploration corporation will be tabled before this Senate. This Bill also seeks to provide for a competitive and investment focused legislative framework. In light of this, we want to thank you for merging diamond companies under ZCDC as it is a step forward in our efforts to create transparency and high output of the precious gems. We want also to thank His Excellency on his utmost desire to replace the former Agricultural Land Board with a Land Commission. This is provided for in Section 296 of our Constitution. This commission which will carry out land audits is mandated to ensure accountability, fairness and transparency in the administration of all our agricultural land. Accordingly, the Land Commission Bill would be presented to
Parliament during the current session.
The President’s desire to promote consumer rights and fair business competition and marketing would be implemented soon as the Consumer Protection Bill will be tabled during the current session. This will see the Zimbabwe Standards Regulatory Authority being operationalised to ensure compliance with quality, health and safety and environmental standards for imports and exports. In the same vein, a Bill will be tabled in this Senate to repeal National Incomes and Pricing
Commissions Act and to establish the National Competitiveness Commission which will have the mandate to spearhead the improvement of the country’s business competitiveness.
Mr. President, His Excellency’s desire to improve the state of our infrastructure and clearing of all administrative bottlenecks at our border ports has led to the Border Ports Authority Bill that will be presented to this Senate during this current session. A model border post has already been developed and the selection of companies to construct such border posts is currently underway. All this is done to enhance free movement of tourists, investors and goods.
The President is on record championing the growth of small and medium enterprises as these provide employment and decent livelihoods for vast families. The sector has to be further grown thus an appropriate legal framework shall be introduced which will lead to a sustainable growth of this sector. The Cooperative Societies Act Amendment Bill shall incorporate the operations of savings and credit cooperate societies hence it will be brought before this august Senate as per the President’s vision.
Mr. President, we would like to thank His Excellency for the Local Authorities Bill that will be introduced during this session. The Bill will consolidate the current Urban Councils and Rural District Councils Act. It will establish a tribunal to deal with issues of the dismissal of discipline of councilors, mayors and chairpersons of local authorities. This Bill will in addition, spell out provisions under which the status of local authorities can be upgraded or downgraded on the basis of changed circumstances.
Mr. President, education always been His Excellency’s priority since 1980, thus it remains a key priority on the national development agenda. Work is underway on the Education Amendment Bill so as to align the Education Act of 2006 with the new Constitution. The entire Primary and Secondary Curriculum is being reviewed to render the country’s education system appropriate for the current and future development needs of our country. Government has come up with a policy framework to facilitate the provision of infrastructure at our institutions of learning within the context of public private joint venture partnerships as per the President’s vision.
Mr. President, the cornerstone of any nation is based on effective health care provision for the population’s well-being. Accordingly, this the Public Health Bill that seeks to among other things, address current public health challenges, issues of non-communicable diseases, maternal health, cross boarder risks as well as the involvement of non-state actors and communities in health care provision will be tabled in this House. More so, Regulatory Authorities for medical aid societies will also be enacted to provide the much needed recourse for improved governance and, to ensure clarity of roles between insurers and service providers.
Our children are our future, the future of this country and our future leaders, hence the President and this Government continues to prioritise the implementation of programmes and initiatives to empower the youth. In light of this, positive proposals and contributions that were brought by our youths need to be explored further. Therefore, extensive stakeholder consultations on issues affecting the children have been completed and the children’s Amendment Bill which will address issues pertaining to children’s welfare will be presented to this august House.
A Bill to combine War Veterans Act and Ex-Political Prisoners, Detainees and Restrictees Act into one Act, now incorporating the War Collaborators, will be tabled before Parliament during this Session. Furthermore, we applaud His Excellency for his unforgetful mind on both the living and late heroes of this proud nation. Efforts are underway to construct three Zimbabwe Liberation War Memorial Hospitals in Harare, Bulawayo and Victoria Falls through a joint venture partnership with a foreign contractor.
Let us give thumps up to His Excellency on his effort to fight corruption at all levels of our society. In light of this, Government will therefore improve its systems to effectively respond to the challenges of corruption. As part of this effort, a code of conduct will be put in place in which all high level public office holders will be required to disclose their assets upon assumption of office or to declare their interests on matters that may create scope for conflict of interest. A National Code of Corporate Governance Bill to bolster the fight against corruption will be brought before this House as per the President’s vision to fight corruption at all levels of society.
The President has always given emphasis and special treatment to all issues pertaining to State Security. This therefore, has led to the creation of the National Security Council Amendment Bill which provides for the establishment of a National Security Council to advise Government on National Security policy and strategies. This will be tabled in this House during this Session. The Zimbabwe National
Defence University has already been transformed into the National Defence University. This university will act as a national think-tank that will provide higher education and training in national policy and strategy formulation for military and civilian leaders.
Mr. President, as I conclude, may I thank His Excellency for his visionary ‘eyes’ which not only see today, but the future. It is only through his wise counsel and leadership that we will achieve all the said targets and objectives. May it be noted that through him, we will achieve
‘worthy’ leadership and become guided leaders in our own right. I thank you.
HON. SEN. TAWENGWA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MASUKU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
REPORT OF THE 133RD ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION (IPU)
Third Order read: Adjourned debate on motion on the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU).
Question again proposed.
*HON. CHIMBUDZI: Thank you Mr. President for giving me this opportunity to make my contribution on the report which was moved by Chief Senator Siansali, seconded by the other Hon. Member on the meeting held in Switzerland, Geneva. This was a very good report showing the importance of the items which were pondered upon in that august Conference. We also thank the President of the Senate for attending and these delegates who were able to bring feedback from that meeting. In their introduction on 1.0, they discussed issues regarding the problems which they came across. Their delegation was under staffed and they looked at it. The problem was on the funding for this trip. Therefore, we wish Parliament could be adequately funded so that when we have delegates who are attending such conferences, they should travel with enough personnel so that they bring back enough information for the development of the country.
We are saying this because the few members could not attend all the conferences which were held simultaneously. If they had enough personnel, they could have been able to attend all the meetings.
However, in this case, a delegate was forced to attend two meetings at any opportune time. I really applaud them because they were able to cover that conference. I therefore call upon the responsible authorities to provide enough funding to Parliament so that Members are able to attend these conferences.
We were also told about point 311, where we have refugees running away from Africa into Europe in desperate journeys. People die in the seas because of the dangers involved. These refugees are caused by the turmoil which is either starvation or fighting. If delegates of
Zimbabwe attend those conferences, they will be able to prepare Zimbabwe for such disasters and prevent them from happening.
The delegates also discussed climate change. When they attend such meetings, they will have advanced knowledge on ways and strategies of withstanding the consequences of climate change. As we are experiencing, climate change is a reality. In this case El Nino has disturbed our agricultural seasons and other developmental projects in the country. We do not even know when this is going to end, but if you have delegates attending such conferences, we will gain more knowledge on climate change. We will be able to attain strategies of fighting climate change.
The report which was produced shows that climate change was impacting negatively on the rural population. This is a very important report which should be taken into account. When we are talking about the development of Zimbabwe, we need to incorporate such ideas from other countries.
During the conference, issues concerning women and the preservation of peace were also discussed. We know that Resolution 1325 provides for gender equality. This brings peace and harmonious cohabiting between women and men. I really want to applaud the delegation and I say, thank you for bringing us such important information. We hope that with time, our Parliament will have enough money so that your delegation will be adequate. Thank you Mr.
President.
HON. SEN. SANSOLE: I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
REHABILITATION OF WAR SHRINES AND RECOGNITION
OF DEPARTED WAR LIBERATORS
Fourth Order read: Adjourned debate on motion calling for rehabilitation and maintenance of War Shrines.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I move that the debate do now adjourn.
HON. SEN. MLOTSHWA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
CONGRATULATORY MESSAGE TO HIS EXCELLENCY THE
PRESIDENT AS CHAIRMAN OF AFRICAN UNION
Fifth Order read: Adjourned debate on motion to congratulate His
Excellency, the President Cde. R. G. Mugabe and the Government of Zimbabwe on successfully leading the African Union (AU) and
Southern African Development Community (SADC) as Chairperson.
Question again proposed.
HON. SEN. TAWENGWA: I move that the debate do now
adjourn.
HON. SEN. MASUKU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
REPORT OF THE ZIMBABWE DELEGATION TO THE 38TH
PLENARY ASSEMBLY OF THE SADC PARLIAMENTARY
FORUM
Sixth Order read: Adjourned debate on motion on the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADCParliamentary Forum.
Question again proposed.
HON. SEN. MOHADI: Thank you Mr. President. I move that the debate do now adjourn.
HON. SEN. MLOTSHWA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
TRADITIONAL CHIEFS MANDATE
*HON. SEN. CHIMBUDZI:Thank you Mr. President. I would like to make a contribution on the issue raised by Hon. Senator Mawire on the importance of traditional chiefs. It is true that our traditional chiefs should be respected and allowed to do their work.
We have also noted that in rural areas which have no traditional chiefs, there are problems which are faced by that community, especially in settling disputes within that area. People who have no chiefs are forced to take their disputes to neighbouring chiefs and this is a problem.
We are therefore advocating for the developmental support of our chiefs.
As Zimbabweans, we are also facing problems of looking down upon our chiefs. We are not giving them the authority and respect which is due to them. As Africans, we uphold our traditional chiefs, culture and tradition. From time immemorial, we have been living with our chiefs and they are the custodians of our culture. Chiefs try cases such as those which happen in the families. The chief is the first person we approach whenever we have cultural or traditional problems. That is why we are calling for the Government to support the progression and the upholding of the importance of traditional leaders in our country. If we do not support our chiefs, we will become morally decayed or people who are uncultured because we are borrowing foreign cultures and adopting them. That does not make us people who come from foreign countries; we still remain Zimbabweans.
If we look at the problems we are facing as a country, we should be settling some of the disputes through traditional chiefs. This can only be done if we give our chiefs the authority and prestige they deserve. We therefore, appeal to the chiefs that whenever there is anything to be shared amongst the chiefs, they should do so peacefully. We have heard of chiefs who are fighting for boundaries that separate their kingdoms. We are saying if chiefs subject themselves to such humiliating acts, that is when they lose respect from the public. They should learn to solve their problems amicably. As chiefs, we should uphold and support you.
Thank you Mr. President.
HON. SEN. MAWIRE: I move that the debate do now adjourn.
HON. SEN. MAKONE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
MOTION
REPORT OF THE PARLIAMENT OF ZIMBABWE DELEGATION
TO THE 7TH WORLD WATER CONFERENCE
Eighth Order read: Adjourned debate on motion on the Report of the Parliament of Zimbabwe Delegation to the 7th World Water Conference.
Question again proposed.
HON. SEN. MLOTSHWA: Mr. President, I move that the debate do now adjourn.
HON. SEN. MARAVA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 6th April, 2016.
On the motion of HON. SENATOR TAWENGWA seconded by
HON. SENATOR MASUKU, the Senate adjourned at Twenty-Six
Minutes past Three O’clock p.m.