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SENATE HANSARD 5 MAY 2020 VOL 29 NO 34

PARLIAMENT OF ZIMBABWE

Tuesday, 5th May, 2020.

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

PRAYERS

(THE HON. PRESIDENT OF SENATE in the Chair)

THE HON. PRESIDENT OF SENATE:  I hope we are maintaining our social distancing.  I think that behind there if we may try to maintain the social distance because we had to call a few Hon. Members of

Parliament so that we manage to fit into this room.

I cannot know you now because of the half faces – [Laughter.] – you can identify me because I am sitting in my usual Chair but I can see someone like the Hon. Minister of Foreign Affairs and International

Trade here.  Welcome Hon. Minister – [HON. S. B. MOYO: Thank you.]

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ANNOUNCEMENTS BY THE HON. PRESIDENT OF SENATE

UNPROCEDURAL PASSING OF THE CONSTITUTION

AMENDMENT BILL (NO. 1) [H. B. 1A, 2017] BY THE SENATE

THE HON. PRESIDENT OF SENATE:  On the 31st of March, 2020, the Constitutional Court passed a judgment to the effect that the Constitution of Zimbabwe Amendment Bill (No. 1) [H. B. 1A, 2017] was unprocedurally passed by Parliament.

The court is of the view that the Senate did not comply with Section 328 (5) of the Constitution when it approved the Third Reading of the Bill on 1st August, 2017.  It is for this reason that the court ordered that the Bill must be referred back to the Senate at the Third Reading Stage.

Accordingly, the Bill is referred back to the Senate at the Third Reading Stage in order to comply with the provisions of Section 328 (5) of the Constitution of Zimbabwe.

VACANCY IN THE SENATE

THE HON. PRESIDENT OF SENATE: On 3rd April, 2020, Parliament was notified by the Movement for Democratic Change – Tsvangirai Party (MDC-T) that Hon. Sen. L. Timveos, representing the

Midlands Province had ceased to be the member of the MDC-T Party and therefore, no longer represents the interests of the party in Parliament.

Section 129 (1) (k) of the Constitution of Zimbabwe provides that, “The seat of a Member of Parliament becomes vacant if the member has ceased to belong to the political party of which he or she was a member when elected to Parliament and the political party concerned, by written notice to the Speaker or to the President of the Senate as the case may be, has declared that the member has ceased to belong to it.”

Pursuant to the above, I do hereby inform the House that a vacancy has arisen in the Senate constituency stated above by the operation of the law.  The necessary administrative measures will be taken to inform His

Excellency the President of the Republic of Zimbabwe and the Zimbabwe Electoral Commission (ZEC) of the existence of the vacancies in line with Section 39 (1) of the Electoral Act [Chapter 213] as amended.

RECALLING OF HON. MWONZORA AND HON. KOMICHI

THE HON. PRESIDENT OF SENATE: On 6th April, 2020, Parliament received a letter from Hon. Hwende dated 3rd April, 2020 purporting to recall Hon. Sen. Mwonzora and Hon. Sen. Komichi in terms of Section 129 (1) (k) of the Constitution. Having studied the said section of the Constitution and the recent court judgment in the case of MDC and Others versus Mashavira and Others, No. S.C. 56/2020, I am satisfied that the purported recall is null and void for its lack of compliance with the Supreme Court ruling cited herein.

On the motion of THE MINISTER OF INFORMATION,

PUBLICITY AND BROADCASTING SERVICES (HON. SEN.

MUTSVANGWA), the House adjourned at Thirteen Minutes to Three o’clock p.m. until Tuesday, 19th May, 2020.

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