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SENATE HANSARD 10 May 2016 25-47


Tuesday, 10th May, 2016

The Senate met at Half-past Two o’clock p.m.







Section 39 (7) (a) of the Electoral Act [Chapter 2:13], the Zimbabwe Electoral Commission (ZEC) has notified the Clerk of Parliament of the nomination of Hon. Sen. Tabeth Murwira as a Senator.  Hon. Murwira is a registered voter in Ward 17 of Manyami Rural District Council in

Seke, was nominated by the Zimbabwe African National Union Patriotic Front (ZANU PF) party to fill in the vacancy that occurred in the Senate following the recall by ZANU PF party of the incumbent member, Hon.

Olivia Muchena on the grounds that, she had ceased to be a member of that party. Hon. Sen. Murwira was duly appointed Senator for

Mashonaland East Province with effect from the 29th of April, 2016.

Section 128 (1) of the Constitution of Zimbabwe provides that before a Member of Parliament takes his or her seat in Parliament, the member must take the Oath of a Member of Parliament in the form set out in the Third Schedule.  Section 128 (2) states that before the oath must be taken before the Clerk of Parliament.

I therefore call upon the Clerk of Parliament to administer the oath of a Member of Parliament to Hon. Sen. Tabeth Murwira.


       HON. SEN. TABETH MURWIRA subscribed to the Oath of

Loyalty as required by the Law and took her seat –[ HON. SENATORS:

Hear, hear.]-




Members of Parliament that, Parliament of Zimbabwe engaged a professional consultancy to conduct baseline surveys in the following areas:

The legislative analysis, economic literacy, human rights and rule of law, environment and climate change, gender issues and committee specific issues.  The baseline surveys will form an objective basis for planning various interventions and capacity building programmes for Parliamentarians.  They are also a principle tool for identifying areas which require immediate intervention in the short to medium terms.  The identified gaps will then be used to motivate the mobilization of resources for various development initiatives as well as capacity building.  In this regard, Members of Parliament must cooperate fully with our consultants through completing the questionnaires that are being distributed by the secretariat as well as returning the same to the secretariat.  The process of gathering data will end on 31st May, 2016.  I am appealing to all Members of Parliament to take this process seriously as to date, the cooperation has not been very positive.




move that Orders of the Day Numbers 1 and 2 be stood over until the rest of the Orders of the Day have been disposed of.

Motion put and agreed to.



Third Order read:  Adjourned debate on motion in reply to the Presidential Speech.

Question again proposed.


move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume:  Wednesday, 11th May, 2016.



HON SEN. S. NCUBE: I move the motion standing in my name that this House:

COGNISANT that Parliament must defend the Constitution at all times;

ACKNOWLEDGING the current Executive had endeavoured to align some of the Acts to the Constitution at a painstakingly slow pace;

DISMAYED that the current progress in the devolution of power at various levels may not see the dawn of a new day;

CONCERNED that no meaningful efforts have been embarked to ensure the constitutional requirements are met to devolve central power to the provinces particularly on local and the corporate governance issue;

ALARMED that the wishes of the general populace of Zimbabwe are short changed by such indifferent attitude by the Executive;

NOW THEREFORE, calls upon the Executive to;

  • set a time limit for devolution issues to be urgently addressed for the benefit of the Nation;
  • commit itself to the dictates of our Constitution and observe that it is the Supreme Law of the land.
  • set aside resources to carter for the devolution of power in the respective Provinces.

HON. SEN. A. SIBANDA:  I second.

HON SEN. S. NCUBE:  Noting that Section 2(1) of the Constitution provides for the Constitution as the supreme law of the country, therefore there is need to speed up the realignment of laws that are not consistent with the Constitution.

Madam President, our residents are very informed that the provisions of Section 2(2) which are imposed by the Constitution are binding on every person, natural or juristic including the State and all

Executive, Legislative and Judicial Institutions and agencies of Government at every level.

Therefore, I want to concur with the residents of Bulawayo whom I represent that as Parliament, we are failing to fulfill our mandate of making laws for the good governance of the nation.

Section 3 (3) (l) under the principles of governance, clearly states that the State has to ensure the devolution and decentralization of Government powers and functions.

Challenges being faced

  1. Local Authorities Budget Approval

Section 264(f) provides as follows: “to transfer responsibilities and resources from the national Government in order to establish a sound financial base for each Provincial and Metropolitan Council.”

Most of our local authorities are operating without a 2016 budget, as a result they are forced to adhere to 30% salaries and 70% service delivery, which the Central Government is failing to attain.  I strongly concur that there is need to cut costs but we also must admit that the economy is in doldrums; hence our poor residents are failing to timeously pay their council bills.

The responsible Minister, because powers are not yet devolved, is delaying the budget approval, thereby crippling the operations of local authorities in implementing what would have been proposed. There is need to urgently address this challenge.

  1. Local Authorities 5%

It is the public domain that Treasury disburses 5% of the national fiscus to the 92 local authorities to be used for service delivery.  Madam President, our 2016 Budget stands at $4 billion hence if $200 million is given to these local authorities, such resources will go a long way in alleviating some of the challenges being faced by the citizens of Zimbabwe.

When local authorities make follow ups on the utilization of this money, they are told that there is no enabling Act of Parliament to release the required funds.  It is incumbent on us to prioritise devolution for the sake of service delivery.

  1. Setting up of Metropolitan Councils

Section 267 provides that there shall be Bulawayo Metropolitan and Harare Metropolitan Provinces and Section 260 also provides that for each Metropolitan Province, there is a Metropolitan Council.

Section 270 - functions of Metropolitan Councils provides as follows:

  1. Planning and implementing social and economic development activities in its province.
  2. Coordinating and implementing governmental programmes in its province, for example, food aid where there is no rain.
  3. Monitoring and evaluating the use of resources in its province.
  4. Exercise any other functions including legislative functions that maybe conferred or imposed on it by an Act of Parliament.

An Act of Parliament must provide for the establishment, structure and staff of Provincial and Metropolitan Councils and the manner in which they exercise their functions.

Section 269 (1) (e) – As Senators, we are supposed to sit in their Metropolitan Councils but because of the absence of devolution, this will remain a dream.  Furthermore, because of company closures in Bulawayo and around the country, this can help create employment for our people.

Whenever appropriate, governmental powers and responsibilities must be devolved to provincial and metropolitan councils and local authorities which are competent to carry out these responsibilities efficiently and effectively.

Therefore, I note with concern the appointment of resident Ministers, it was very unconstitutional.  Residents of Bulawayo fumed, airing that it was a serious violation of the Constitution which is the supreme law of Zimbabwe.  So devolution in this regard will help the operationalisation of Metropolitan Councils

  1. The recent attacks on Local Authorities.

The Constitution of Zimbabwe supersedes an Act of Parliament and therefore, the local government Ministry is using the Urban

Councils Act which is inconsistent with the provisions in the

Constitution.  We are then faced with a lot of discord, which then affects the peace and tranquility in our Local Authorities.

Madam President, it is my hope and prayer that let us prioritise the realignment of our Constitution to enable the running of our Local Authorities efficiently and effectively.  I thank you.

HON. SENATOR B. SIBANDA:  Mr. President, I stand to second the issue raised by Senator Ncube.  I will endeavor to concentrate on one issue of the debate and that is purely the devolution of power to the region.  It must be accepted that the people of Zimbabwe spoke wide and loudly during the Parliamentary hearings in preparation for the new Constitution, that they desire power to be devolved from Harare which they perceive as bambazonke and distributed to the various regions.

Taking into account the desires of the population and taking into account that every political party in this country does publicly tell us that they listen attentively to what the people desire.  It is therefore imperative that the Government should have treated the subject as a priority in view of the input from the people.  Maybe the benefits are either not understood or are misunderstood.  I want to emphasise that throughout this country, there is perceived or real perception that development is not equitably distributed and it is through devolution of power that resources will be equitably devolved or distributed.

Secondly, it is easier in a devolved system for the Government, the Local Authorities, to tap into the input that people have at their own level.  I have actually been surprised by the useful suggestions that come from the grassroots and as we expedite the devolution of power, the more we will gain as leaders in this land as we interact directly with the people that run lives at the lowest possible level.

The other consideration is that we normally look at Government and see Government systems in general the world over, as inefficient.  The inefficiency comes from the size of the bureaucracy.  The bigger the bureaucracy becomes, the more there is demand for communication and the more there is lost information.  Therefore, the system tends not to be responsive and it is my submission, Mr. President that the more we devolve power, the more responsive Government institutions will be.

In saying so, I finally urge the Government to seriously consider and effect the speeding up of the various relevant legislation for the devolution of power.  I thank you Mr. President.


move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.



HON. SENATOR B. SIBANDA:  I move the motion standing in my name that this House:

NOTING the declining rainfall pattern over the years in Zimbabwe more especially in the central and southern regions;

AWARE that this phenomenon is likely to persist into the foreseeable future;

CONCERNED that the people’s livelihoods, agricultural, industrial productivity and wildlife survival will be negatively affected by the scarcity of water in future;

NOW THEREFORE, this House calls upon the Government to resuscitate the Zambezi Water Project through:

  • Committing specific budget allocations towards the project each financial year;
  • Identifying internal and external partners to team up with ; and or
  • Seeking partners for the build, operate and transfer option in order to hedge the nation against impending calamities.


HON. SENATOR B. SIBANDA:  Once again Mr. President, I

take this opportunity to thank you for giving me this opportunity to raise the issue of the Matabeleland Zambezi Water Project in this august Senate.  In doing so, I take into account the various United Nations resolutions and declarations on the subject of water.  I also take into account our own Constitutional obligation that requires the Government to ensure that citizens are provided with adequate water.

My concept of citizens, which might sound odd, includes people, animals, crops and industries within the confines of the national State.  The idea to tap water from the Zambezi was first mooted in 1912.  That is even before my own father was born and for over a century, nothing material has been done by the various governments that have ruled this country.  I also take into account that millions of cubic litres of water from the various water bodies of Zimbabwe are lost into the India Ocean and I am saying part of that water is our water and it is in our interests as a nation to conserve that water for better use.

I take into consideration that a small kingdom like the Kingdom of Lesotho has decided to spend approximately US$3 billion on building its water reserves.  I think that shows commitment and futuristic thinking.

It therefore boggles my mind that for over a century, the requirement for water has remained a pipe dream.  In a way, that says to us as black people and as Africans that we are prepared to be managed by nature and not very prepared to manage nature ourselves.

Can we proceed and look at the current genesis of this water project.  The current genesis of this water project is the ordinary people of Matabeleland, and specifically the residents of Bulawayo who sought to manage the challenges they face.  The question I asked is who can stand against the wish of the people?  Is it necessary to frustrate that strong desire from the citizens of this country. I hope the Bulawayo people and the people in Matabeleland, including the Midlands in general will not judge us harshly in future for delaying an honourable dream.  Mr. President, the objective of this project was “to put an end to the perennial water shortages bedeviling the Matabeleland, parts of the Midlands and Bulawayo in particular, which used to the industrial hub of the nation.”

I have been searching around trying to look for a more noble objective. This is a dream that is noble and respectable.  I consider this a singularly strategic project in my opinion.  It is more strategic than putting up a Parliament building and relocating from Harare to Mt. Hampden, but it not receiving the strategic implementation that it deserves.  I ask why, why and why? Even after the Government has inherited the project and facilitated the formation of the Matebeleland

Zambezi Water Trust and started the construction of the GwayiShangani Dam, what has happened?

I acknowledge that even the ZIM-ASSET, which I consider moribund at this stage, appears to define the project as a priority. My concern is, a priority project must be funded, and so far I do not see the funds that are supposed to deal a priority project

The Chinese loan, sometime in 2012 the Government advised the nation that they had secured a concessional loan of $1.2 billion at a very concessionary rate of 3% and payable over 25 years.  I consider that a beautiful financial deal but I am also worried that the financial deal has not seen the light of the day.  I am not aware that there have been answers to what happed to the financial deal.

However, what I know is that three four years later in 2015 the same Government was heard looking for other funding, for the same project.  We have not had an answer to the first funding now we hear we are looking for second funding.   The question I ask once again and the question raised is, what happened to the Chinese deal of 2012? Did it expire with the Government of National Unity? Did the deal refuse to pay the 10% chiwoko muhomwe?  Did the people of Matabeleland turn around and say they no longer need that project? I think we deserve an answer and as a resident of Matabeleland I have not seen that answer.

Alternatively, has Government forgotten its commitment?

I submit Mr. President that after 36 years of doing the same job, you are prone to forgetting and I suspect the Government might have forgotten. Secondly, has the Government decided that that region does not require the attention that it should get? I think the government must come clean and give us the reasons.

Just in case people ask the estimate value of the Matebeleland water project, I want to deal with the output that will be derived from the completion of that project. One of the very first is water into Bulawayo and an obituary to nature managing our lives and Bulawayo will be back into life again.   The second derivative would be a sixty kilometre wide corridor buzzing with agricultural, industrial, wild life and housing projects. What else does this nation need except something vibrant?  I also expect that the provinces of Midlands and Masvingo would derive benefits from that project. I know and understand that up to 4 million lives of Zimbabweans would derive a livelihood directly and indirectly from the implementation of the Project. I also know that the project will turn Matebeleland into a formidable industrial and financial hub of this nation.

The question I ask is this Government keen or prepared to see that region attain that status?  From the experience I have, my answer is no. I think people would have a problem with Matabeleland being turned into the financial hub of this nation.  If Government has different answer to mine, let us see action that will convince us that our perception is wrong.

I have a few suggestions for Government for them to show commitment. I have been advised previously that it is not good to criticise and criticise and not offer solutions. I hope the solutions I am offering will not be difficult to swallow.  My first proposal is that Government should commit 10% of annual revenue collections, not budgetary figures to this project. I also believe that anything less would be unreasonable, considering the lapse of time.  Remember, Martin

Luther Jr. has advised that ‘if you cannot fly, then run. If you cannot run then walk. If you cannot walk then crawl, but whatever you do keep moving.” What I am asking this Government to do is to keep moving with regard to the Matabeleland Zambezi water project. To be honest, I do not mind the pace, but I want to see movement. I believe that when you are stagnant, you are as good as dead.

Secondly, I urge the Government to speedily find partners to co sponsor this project. I think that is the in thing today, very few people go it alone. The PPs approach is a quite ideal.  Thirdly, the Government should consider a BOT if they cannot do any of the others.  Mr. President, I also offer the best solution to the lack of finance which I understand is the source of non-movement with regards to the Zambezi water project.  I suggest that the Government must find the culprits that stole the $15 billion worth of diamonds funds and any other funds that have been looted, out of that take $3 billion and allocate it to the Matabeleland project in order to complete this project and at the same time atone for its sins that have been committed in that region before.

I am aware that after 36 years the Government might be tired and fallible human being would be tired.  I have therefore invested effort trying to help the Government out and have another suggestion. Besides solving the water challenge in the Matebeleland region, such action of recovering the $15 billion and allocating $3 billion to the project would solve a huge migraine headache for the Government, the creation of 2.2 million jobs.  They would suddenly find that they are able to create 2.2 million jobs.  However, as we create those jobs, let us remember that the people of Matebeleland have a right to employment for projects in their region.  I say so Mr. President because many a time I have seen projects being implemented in the region and labourers are coming from elsewhere.  I have no objection with technical people coming from elsewhere but it is annoying when people from the locality are unemployed and general labour is coming from somewhere.

I also suggest Mr. President that proper money be found to pay these people so that they are not burdened with either bond coins or bond bearer’s cheques.  In case I am not putting the relevant responsibility on the people of Matabeleland, I call on the people of Matabeleland and the Midlands to stand up together and claim their economic space.  The rest of Zimbabwe I believe will assist them in their endeavor, because today it is Matebeleland and tomorrow it will be Manicaland and Masvingo. Unless the people do that, I must be understood properly, I am talking about the people of the region claiming their economic space. Unless we do that, they will go through the experience, “no pain, no gain”.  Madam President, earlier this year the Vice President E. Mnangagwa did indicate that Senators are entitled to Ministerial response to their motions.  If I am procedurally correct, I would request that a Ministerial response to this motion be given because in my opinion, a mere adoption by this august House without subsequent Government action is a technical knock-out on the mover, especially on such a practical issue.

Mr. President, with those words, I do not want to call them few but I hope I have touched a number of hearts.  I hope it is understood that when I talk about the region, I am not making a tribal statement! I am taking a national perspective which happens to affect a specific region which may coincide with specific languages.  I thank you.

HON. SEN. TIMVEOS:  Thank you Mr. President, for giving me

this opportunity to add my voice to this very important motion.  I also want to thank Hon. Sibanda for bringing this motion to this august

House.  As our Constitution’s commitment to fundamental human rights and freedoms, confirms, every person has a right to safe, clean and portable water.  This is not merely a commitment to ensuring individual consumption of water and consistent with the values of the Constitution of the land.

The role of water Mr. President, in the broader eco system can be considered foundational.  Every person has a right to environment that is not harmful to their health or well-being.  Also, to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation.  Also, promote conservation and secure ecological sustainable development and use of natural resources while promoting economic and social development.  This is the rationale of the Zambezi Water Project.

Fresh water is a basic natural resource that sustains life and provides for various social ecological and economic needs.  Water is an integral part of the environment and its quantity and quality determine how it can be used.  Safe drinking water and good sanitation practices are basic considerations for human health.

Water for food security, energy production and other economic activities is made readily available through expanding in a manner that does not excessively deplete ground water, irrigation and river system extraction.  So, there is need to prioritise the Matebeleland region which has …

HON. SEN. MAVHUNGA:  On a point of order Mr. President,

the Hon. Senator is reading.

THE TEMPORARY PRESIDENT: Order, Hon. Senator, please

do not read.  

         HON. TIMVEOS:  Mr. President, I am referring to my notes because this is a very important motion.

THE TEMPORARY PRESIDENT: Please refer to the notes not


HON. TIMVEOS: Thank you Mr. President.  So, there is need to prioritise Matebeleland region which has had challenges of water for several decades through the Zambezi Water Project.  Definitely, Government needs to set aside funds for the completion of the Zambezi Water Project.  I actually agree 100% with Hon. Sen. Sibanda that cosponsors should be found so that this project is actually resumed.  Matabeleland region is suffering, the industries have closed.  Bulawayo used to be known as Kontuthu Ziyathunga but there is now nothing like that. If the Zambezi Water Project had to be resumed and become a reality, Bulawayo will be definitely full of activities with our people earning a living in irrigation, farming and industry.

In Zimbabwe, we have many good documents but it is zero when it comes to implementation.   Let us make the Zimbabwe Water Project a reality and not just a dream.  I thank you.


Mr. President, I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume, Wednesday, 11th May, 2016.



Sixth Order read: Adjourned debate on motion on malnutrition among urban and rural communities.

Question again proposed.

+HON. SEN.  NDHLOVU: Thank you Mr. President, for giving me this opportunity to debate on the motion moved by Hon. Sen. Khumalo on the importance of food that is important for the body.  We know Mr. President, that every person has a right to food.  Without food you will not have the energy to do anything.  We should eat nutritious food for us to grow.  We can only get good food from farming.  People in urban areas buy food from supermarkets.  In these supermarkets, for instance, vegetables sometimes overstay and will no longer be good for the body.

Food which is good for our bodies is the food that we grow on our own in our gardens.  We have yards with houses which are big, where we are able to produce fresh vegetables.  People in the rural communities eat nutritious food.  If you compare a child from the rural community with the one from the urban community, they are physically different.  In rural areas, a child wakes up putting on a short only and without putting a shirt.  That child does not cough but those we have here in towns, it is very easy for them to suffer from flue.  It is because of the food that we consume here in towns. We grew up eating nutritious food and our bodies are physically strong.  You will find that at home, our grandmothers would have melons.  If you remove pumpkin seeds and roast them, children would eat them as food but today, children will not eat that.  Children should be taught to eat what we used to eat back then.

I remember there is an Hon. Member who moved a motion on food.  When we talk of body building foods, we do not talk of expensive food.  It is food that we can manage to raise on our own without spending any money.  What I request is for the Government to put irrigation schemes, particularly in dry regions.  Irrigation schemes should be resuscitated; we have big irrigation schemes but they are no longer functional.  People should be encouraged to work in those irrigation schemes and they will realise a lot of food from there.  We get mealie-meal from maize and other small grains but people should grow various crops.

I feel pity for the children that we stay with.  They will not agree to eat basic food.  What they want is beef and chicken.  If you cook dried vegetables, children would opt to eat sugar as a relish, as a result their bodies are not strong.  They are susceptible to all diseases.  It is because of the food that they eat which is not good for them.  Our original food from our gardens is quite good and important.  I feel pity for those who rent houses because they do not have space to put up their own vegetable gardens.  Some have space and sell to others so that we can manage to have body building foods.

There is an Hon. Member who talked about water.  Water is life and our agricultural gardens should be watered with portable water because it gives life.  With those few words Mr. President, I thank you.          *HON. SEN. GOTO:  Thank you Mr. President.  I would want to

support the motion.  This reminds us of our past that we had forgotten.  It is more like an awareness campaign on our nutrition and this is under the cluster of ZIM ASSET.  It is good that we discuss such issues.  We should check and see where we are today.  I believe that we are ahead.

It is only that we have had drought or difficulties with the rainy season.  Most of us in this House are fit and strong.  None of us appear like our colleagues in Somalia and Sudan and we thank God for that.  Whether there is good rain season or not, those that have irrigation are able to harvest and we are able to grow food that is good for our health.

Diseases that are caused because of lack of balanced diet are now a thing of the past.  We are growing what we have.  We now have quails and mice.  We should eat that for protein.  When we talk of a balanced diet, we should have a balanced diet from the resources that we have.  We thank our Government; through the Social Welfare, it is assisting those less privileged and the majority of them are healthy.  They do not have any problems.  They have chickens and everything else.  We only pray to God that we be able to have a better rainy season.

I am happy because Hon. Khumalo always talks about these issues in the Thematic Committee on Health and I support her.  When you have a balanced diet, it becomes balanced because you would be taking carbohydrates, proteins, vitamins, et cetera.  We are able to grow such foods.  We should work hard.  Nothing is ever received on a platter, you have to work hard.  If I were a father, I would give a newly married inlaw a cock, hen and a basket full of grain so that they are able to work hard.

In local hotels, they offer buffet and people just take sadza and meat, leaving out vegetables.  They do not take traditional foods such as caterpillar and termites.  The two are the same because they give protein.  One should be able to discern the differences of the food types that one should take in order to have a balanced diet.  Hopefully, all of us are going to have a balanced diet.

ZIM ASSET wants us to work hard.  We can do zero tillage and we can do better than someone who tills using a plough.  I support you Hon. Senator.  I thank you.

HON. SEN. D.T. KHUMALO:  I move that the debate do now



Motion put and agreed to.

Debate to resume:  Wednesday, 11th May, 2016.




Seventh Order read:  Adjourned debate on motion on the

Zimbabwe Delegation Report on the 133rd Assembly of the InterParliamentary Union (IPU) held in Geneva, Switzerland, from 17th to

23rd October, 2015.

Question again proposed.


move that the debate do now adjourn.

        Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.




Eighth Order read: Adjourned debate on motion calling for  rehabilitation and maintenance of War Shrines.

Question again proposed.


that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.




Ninth 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. CHIEF MUSARURWA:  I move that the debate do

now adjourn.

HON. SEN. MUMVURI: I second.

Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.





Tenth Order read:  Adjourned debate on motion on the Zimbabwe

Delegation Report on the 38th Plenary Assembly of the SADC Parliamentary Forum.

Question again proposed.


that the debate do now adjourn.     Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.



Eleventh Order read: Adjourned debate on motion on the role of  traditional leaders.

Question again proposed.

HON. SEN. MAWIRE:  I move that the debate do now adjourn.

HON. SEN. MAVHUNGA:  I second.

Motion put and agreed to.

Debate to resume: Wednesday, 11th May, 2016.


MATHUTHU), the Senate adjourned at Twenty-five minutes to Four o’clock p.m.




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