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SENATE HANSARD 6 JULY 2022 VOL 31 NO 52

PARLIAMENT OF ZIMBABWE

Wednesday, 6th July, 2022

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

PRAYERS

(THE HON. DEPUTY PRESIDENT OF SENATE in the Chair)

MOTION

RATIFICATION OF THE GENERAL CONVENTION ON PRIVILEGES AND IMMUNITIES OF THE ORGANISATION OF AFRICAN UNITY

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE: Thank you Mr. President.  I move the motion standing in my name;

THAT WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS the General Convention on Privileges and Immunities of the Organisation of African Unity (OAU) entered into force on 25th October, 1965;

AND WHEREAS the Republic of Zimbabwe has not signed nor ratified the General Convention on Privileges and Immunities of the Organisation of African Unity;

AND WHEREAS the Republic of Zimbabwe is desirous to accede to the said General Convention;

NOW, THEREFORE, in terms of Section 327(2)(a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved.  I so move Mr. President Sir.

HON. SEN. MOHADI:  Thank you Mr. President.  Mine is just a simple question to the Minister - if he can explain why it took so long for this to be acceded to.  Thank you.

HON. ZIYAMBI:  Mr. President the general policy of the Second Republic is that we want to engage and reengage and as such, we then decided to look at all the treaties that were not acceded to or ratified so that we become part of the community of nations.  So we identified some of these conventions that we had not ratified and we believe that in order for us to move with everyone within the continent and enjoy all the privileges that come with being part of the African Union, we must ensure that we ratify and accede to the majority of these conventions.

You will also notice that we had other bilateral agreements that we also did not proceed to ensure that they come before Parliament and the process of ratification is concluded and you will realise that from last year and this year, we are bringing a lot of these conventions to Parliament to satisfy our legal requirements for them to be ratified and become part of our municipal laws.  I thank you Mr. President and  move that this House ratifies this convention.  I thank you.

Motion put and agreed to.

MOTION

RATIFICATION OF THE ADDITIONAL PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE ORGANISATION

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI) on behalf of THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE:  Mr. President I move the motion standing in my name;

THAT WHEREAS Section 327(2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS the Additional Protocol on Privileges and Immunities of the Organisation was approved by the OAU Heads of State and Government at its Seventeenth Ordinary Session at Freetown, Sierra Leone on 3rd July, 1980;

AND WHEREAS the Republic of Zimbabwe has not signed nor ratify the Additional Protocol on Privileges and Immunities of the Organisation;

AND WHEREAS the Republic of Zimbabwe is desirous to accede to the said Agreement;

NOW, THEREFORE, in terms of Section 327(2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved. I so move Mr. President Sir.

Motion put and agreed.

MOTION

RATIFICATION OF THE AGREEMENT ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN ZIMBABWE AND INDONESIA

          THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President Sir, I move the motion standing in my name that:

WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS the Agreement on the Promotion and Reciprocal Protection of Investments between Zimbabwe and Indonesia was signed on the 8th of February, 1999 on behalf of the Republic of Zimbabwe;

AND WHEREAS the entry into force of this Agreement shall be effective three (3) months from the date of notification of the fulfilment of the internal legal procedures by the later Contracting Party;

AND WHEREAS the Republic of Zimbabwe is desirous to ratify the said Agreement;

NOW, THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved. I so move Mr. President Sir.

HON. SEN. MUZENDA: Thank you Mr. President Sir. I just want to find out from the Minister, paragraph 3 indicates that this agreement shall be effective three months from the date of notification. I notice that this was done on 8th February, 1999. Does it mean that we, as Government, re-submitted? May I know the procedure? Thank you Mr. President.

HON. SEN. MOHADI: Thank you Mr. President. I rise to appreciate what is happening now which could not happen during the previous times. This is a way forward. If we continue not ratifying what other countries have done, we remain behind. May be as a result, we are going to be at par with other countries. Those are the few remarks which I thought I should give. I thank you Mr. President.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President. I want to thank Hon. Sen. Mohadi and I will start with the compliment that she has given. Indeed, thus the thrust of Government to ensure that we become one with all the other nations where we had agreements that we had not ratified. We want to be a State party to those treaties and agreements so that we move along with others.

Coming to Hon. Sen. Muzenda, the Convention actually says the entry into force of this agreement shall be effective three months from the date of notification of the fulfilment of the internal legal procedures by the later contracting party. In other words, once we have finished our internal legal procedures here in Parliament, the President will be obliged within three months, to notify that we have concluded the procedures. It does not refer to the time when we signed the agreement. That is the difference. It speaks to the process that we are doing to indicate that once we complete the process, within three months, we must deposit our instruments. Having said that Mr. President Sir, I move that this House approves the Agreement. I thank you.

Motion put and agreed to.

MOTION

RATIFICATION OF THE AGREEMENT ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN ZIMBABWE AND BOTSWANA

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President,WHEREAS section 327 (2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS the Agreement on the Promotion and Reciprocal Protection of Investments between Zimbabwe and Botswana was signed on the 21st of March, 2011 on behalf of the Republic of Zimbabwe;

AND WHEREAS the entry into force of this Agreement shall be effective on the thirtieth (30th) day from the date of notification of the fulfilment of the internal legal procedures by the later Contracting Party;

AND WHEREAS the Republic of Zimbabwe is desirous to ratify the said Agreement;

NOW, THEREFORE, in terms of section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved.

Motion put and agreed to.

 

MOTION

RATIFICATION OF THE AGREEMENT ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN ZIMBABWEAND SINGAPORE

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President,WHEREAS section 327(2) (a) of the Constitution of Zimbabwe provides that an international treaty which has been concluded or executed by or under the authority of the President does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS the Agreement on the Promotion and Reciprocal Protection of Investments between Zimbabwe and Singapore was signed on the 1st of September, 2000 on behalf of the Republic of Zimbabwe;

AND WHEREAS the entry into force of this Agreement shall be effective on the date of receipt of notification by either Contracting Party to the other that its constitutional and legal requirements have been fulfilled

AND WHEREAS the Republic of Zimbabwe is desirous to ratify the said Agreement;

NOW, THEREFORE, in terms of section 327(2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved.

        Motion put and agreed to.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): I move that Order of the Day, Number 6 be stood over until Order of the Day, Number 7 has been disposed of.

Motion put and agreed to.

SECOND READING

COPPER CONTROL AMENDMENT BILL [H.B. 3, 2021]

 Seventh Order read: Second Reading: Copper Control Amendment Bill [H.B. 3, 2021].

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Mr. President, allow me to present the Second Reading Speech of a very important Bill, the Copper Control Amendment Bill. This Bill is important in that the mischief that it seeks to cure has the potential of bringing this nation to its knees. The illegal trade in copper has led to a great amount of damage to our nation. The trade led to vandalism of our electricity infrastructure through criminals stealing copper cables.

          We had an electricity powered train which plied Gweru to Harare. The train used overhead electricity cables. Copper thieves vandalised the line through stealing the copper cables. It is because of these criminal activities that the train was decommissioned. As a result, we have electric locomotives that cannot be used because copper cables were stolen. This train was bringing much needed convenience to passengers and the economy.

          The trade in copper has become very lucrative; as a result, a day hardly passes without hearing reports of cable theft. This affects, not only the operations of the electricity supply authority but to a greater extent, the consumers of this utility. The cost on our economy is immeasurable. It affects production in our industries and businesses in their diversity.

          The vandalism of utilities through theft of copper cables has been aided to thrive by non-provision of specific offences in relation to these criminal acts and lack of deterrent penalties in the Copper Control Act. The Copper Control Amendment Bill is a proposed piece of legislation which sets out key areas that were found lacking in the regulation of copper dealings since the enactment of the Act. The Bill seeks to amend the Copper Control Act to address the shortcomings of this Act. The Bill seeks to make it mandatory for all copper dealers to have certificates of origins for all the copper in their possession. The certificate shall have name and address of the person who sold to the possessor, name and address of the buyer, the description of the copper, its quantity, reason for disposal and endorsement by or on behalf of the police officer commanding a police district.

          The lack of non-deterrent sentences shall be addressed by introducing a mandatory minimum sentence of ten years. The minimum mandatory sentence means, for example, if one is found guilty of possession of copper without a certificate of origin, he or she shall be sentenced to a jail term of not less than 10 years.

          Unsatisfactory account for possession of copper shall also attract not less than ten years in jail. The Bill also introduces not less than ten years’ jail sentences for vandalism of infrastructure through theft of copper cables and dealing in stolen copper. Further, the Bill gives power to courts to order forfeiture to the State of any vehicle or any other device used in transporting illegal copper.

          I urge Hon. Members to support and pass this Bill bearing in mind how important electricity is for the business of this House, our household uses and the operations of our industries and businesses. I submit and move that the Bill be read a second time.

          *HON. SEN. SHUMBA: Thank you Mr. President for giving me the opportunity to support the motion. When he started presenting the Bill, I really rejoiced because indeed there are a lot of copper thieves. We do not know why they are stealing the copper cables and where they sell them but when the Bill was being read, I noted that it is quite a crucial Bill. As it is, this has even affected the railway network system. You find people stealing copper cables and selling them. Anyone who is found in possession of copper without a certificate should be incarcerated even for ten years. This will be good for Zimbabwe. Stealing of copper cables is very retrogressive because it is bringing down development in Zimbabwe. I stood up to support this Bill and I thank you.

          HON. SEN. MOHADI: Thank you Mr. President for giving me this opportunity. I just rise to support the Bill which has been presented by the Minister but before I support, I want to say a few words in support of this Bill. When we are talking about the Copper Control Amendment Bill, it is a very important Bill to us all because a lot of infrastructure is now not working, be it at NRZ, ZESA and other things like telephones, everything is not there.

Worse, you find when you go to irrigation schemes such as in Beitbridge in Matebeleland South, those irrigation schemes had everything intact but there is a certain component that has been taken off and at the end of the day, there is no electricity. As we speak, those irrigations have gone for more than seven years not working. If we look at this issue, we find there is no development because if we are talking about the irrigation schemes that are in Beitbridge which is in Matebeleland South in Region 5, the communities there are supposed to be irrigating crops but with no electricity, there is no production, hence no development that we can talk about.

Let me also applaud the Minister when he said that people should produce certificates that state where they obtained these copper cables from and the amount they bought them for. When we talk about these cables, these people are taking, it is just as good as the fences that Government is trying to erect along the highways but the fence is no longer there and you cannot find it anywhere, including the poles that were erected there. According to my own opinion, the term, the sentencing period of ten years seems to be very little. If we consider what Government is trying to achieve for the nation and someone just takes that wire during the night and abuses all that, and all the people suffer because of just one person who is very selfish.

Another problem that we have is the issue of corruption which is just like a veld fire. Once a veldt fire starts raging, it will burn the whole country if not stopped.  I do not know what can be done to curb corruption because these things are happening before the eyes of those who are supposed to be looking after those gadgets and places but they continue to happen.  Corruption involves two or more people and those people have to be arrested also. 

When looking at the issue of whistleblowers in this Bill, they need protection because these are the people who have information but just because they are not well protected, at the end of the day, they do not disclose useful information which would assist Government to restrain these thieves who are worrisome to everyone.  With these few words Mr. President, I so support this Bill.  I thank you.

  *HON. SEN. TONGOGARA:  Thank you Mr. President for giving me the opportunity to support the Copper Control Amendment Bill which was presented by the Hon. Minister of Justice, Legal and Parliamentary Affairs.  Let me start by saying this Bill was already late looking at the extent of pilferage of copper cables.  People are living in darkness and Government is losing a lot of money.  Some people die during the process of stealing copper cables, so I believe this Bill has come at an opportune time so that this behaviour is stopped forthwith.  It is also crucial that those who will be carrying copper cables should be carrying certificates.  I want to also say that the Hon. Minister should be vigilant because you will find everyone getting certificates because of the corrupt tendencies of individuals.  When issuing out these certificates, due diligence should be done so that only the deserving get the copper cable certificates instead of giving certificates to everyone.  If that is done correctly, it will bring integrity and it will be efficient in controlling the stealing of copper cables.  I do not think the 10 years’ imprisonment is deterrent enough. I believe this is a very critical issue and our economy is suffering because of theft of copper cables.  Sentences will be 10 years but two years will be suspended for good behaviour, making it even less. I believe the sentence should be deterrent enough and should be 15 years so that people are discouraged from stealing copper cables.  I thank you Mr. President.

  *HON. SEN. CHIMBUDZI:  Thank you Mr. President for giving me the opportunity to support the Bill presented by the Minister of Justice, Legal and Parliamentary Affairs, the Copper Control Amendment Bill of 2021.  I thank the Hon. Minister because we live in a Zimbabwe with rule of law.  Zimbabwean people are educated, intelligent and work hard for the prosperity of the nation.  However, because of the pilferage of copper cables, you will find the image of Zimbabwe being dented.  We have seen in televisions country ratings and Zimbabwe is rated very low because people sabotage Government infrastructure and in the process destroy our economy.  Without electricity, the manufacturing and other sectors end up suffering because of lack of power.  The other day we were travelling with our Committee in Mashonaland West.  When we got to Chinhoyi Hotel, guests were using candles as there was no electricity.  This was because of the errant behaviour of stealing copper cables.  People were taking advantage because the sentence was not deterrent enough.  My request is that Government should monitor the laws and their implementation in order that crime perpetrators are prosecuted.  My suggestion is to increase the sentence to above 10 years. We however want to thank the Minister of Justice because we believe that criminals will be prosecuted so that Zimbabwe can succeed and our nation can prosper.  I would like to thank you for what you have done.  We support the Hon. Minister and we believe this is going to benefit our nation.  I thank you.

  *HON. SEN. SIPANI-HUNGWE:  Thank you Mr. President.  I just want to start by saying that Hon. Minister, if ever you have done well, this time you have exceeded what you normally do.  This is a good job.  When we were growing up, we understood that transportation of goods was done through the rail system.  But now you find people stealing utility facilities which preserve our road infrastructure.  What is destroying the infrastructure are the heavy goods being transported via the road network.  Previously, railway lines were responsible for carrying all the basics such as fuel, cooking oil, et cetera. You have done a good thing of putting a law in place so that would-be offenders will be prosecuted.  I also believe that 10 years is not deterrent enough and to me, life imprisonment might be deterrent because this is akin to witchcraft.

          You find that when they steal copper cables, some of these people export such cables and they get peanuts in exchange of stolen cables. You would notice that even where we hear that there is a power failure, normally this is caused by theft of copper cables. Farmers are suffering because they cannot access water even during the winter cropping season. In our area, we did not have water for irrigation in the past two weeks and after investigations it was proved that there were thieves who had stolen the electricity equipment.

          I have stood up to support the Bill because I believe that this is a good thing. Ten years is not enough, I would suggest life imprisonment.

*HON. SEN. CHIRONGOMA: I have stood up to support the Bill that was presented by the Minister of Justice, Legal and Parliamentary Affairs. Let me say that at Dabuka Station there were electric trains which ran on copper cables but these were stolen. Where are our security personnel when people steal railway lines and copper cables? It is as if there is a company which is responsible for stealing such equipment. Electricity is very important in the development of any country. In this Second Republic, we need to look at the development that is happening, particularly the Harare-Beitbridge Road which is now in a good state. Goods were transported through the railway system but now they are transported via the road system.

Looking at agriculture, you find that some thieves do steal copper cables which affect the distribution of electricity on farms. The challenge is that even when the culprits are arrested they are not punished enough. The sentences are not punitive enough. I am tempted to say that it looks like this is a syndicate which operates during load shedding periods because such activities mostly take place when there is no electricity. At the end of the day people end up concluding that it is professionals who know how to operate transformers and other equipment.

This is a good Bill, which I believe will promote agricultural production on farms and reduce load shedding periods in urban areas.   We need to find out and understand where those who have copper cables got them from without licenses. If licences and certificates are issued, then this will curb the trade of copper cables. We have been watching television and reading newspapers and you hear stories of people being arrested in Beitbridge and other areas, our security forces should be vigilant so that this vice is curbed. Those who are caught should be prosecuted and it must be clear how they will be prosecuted.

We need to determine what should be done to those who are caught. Ten years was suggested but I believe it is not enough. There must be an addition of years to the sentence because in the past you would find that there was electricity all over the country. I stood up to support this Bill which came at an opportune time. The only people who can develop their nation are its owners. I thank you.

*HON. SEN. CHINAKE: I would like to thank the Minister who brought this Bill to this House. The Bill was long overdue. Like what others have said before me, ten years is too little. We kindly ask you to increase the imprisonment period. Secondly, those who are caught with issues to do with copper, most of these people are being asked to pay bail. On this issue, I would like to say that bail must be denied to anyone found stealing copper. There should be no option of a fine and people must go to prison straight away. These people should not qualify for Presidential pardon because this is killing our country. Mr. President, everyone in this country knows that if things are being transported by rail, goods become cheaper than those that are being transported by trucks.  We have better transportation when we make use of trains.  Mr. President, we are not aware of what the Minister has planned with regard to this issue.  Copper was stolen from Harare up to Gweru.  These things were happening and we were listening and silent.  My question is, what plans have we put in this Bill in such areas that have copper cables that enable the movements of trains?  The distance to which copper was stolen is shocking, we are in support of this Bill.  May we enact it into law?  Thank you.

          *HON. SEN. CHISOROCHENGWE:  Thank you Mr. President. Mine is a question to the Hon. Minister. You said people are going to receive certificates, who is going to issue these certificates, considering that corruption is rampant in this country? We may end up seeing everyone holding a certificate just like what we experienced during the COVID era. 

          *THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):  First of all, I want to thank Hon. Senators for a robust debate and the support overally, that they gave towards enactment of this very important piece of legislation.  Allow me to respond to some of the issues that were raised by Hon. Senators.

          Hon. Sen. Shumba was in support of this Bill.  I acknowledge what she said that we delayed in bringing this Bill to this House.  It is true that we delayed but we found it better to delay bringing the Bill to Parliament as we made sure that everything was in place before bringing it.  These are public properties in general, what is also increasing these criminals is that corruption is rampant.  She urged us to have a whistleblower piece of legislation in place.  Mr. President, I agree with her that we need to deal with vandalism of our public infrastructure. Perhaps we need a mandatory minimum sentence for all those that destroy public infrastructure, it does not matter, whether it is copper cable or not, whatever it is, the infrastructure is for our own good, it is for all of us.  Those that tamper with copper cables must be met with the punishment that they deserve and I agree with her that perhaps we need to look at the protection of our public infrastructure from vandalism and deal with that.

          Coming to the issue of whistleblowers, we are in the process of coming up with a Bill to Parliament to deal with that so that we can protect our whistleblowers.  This is work in progress.  Again Mr. President, we are late but better late than never, we are in the process. The principles have already been approved by Cabinet and the Attorney-General’s Office is in the process of having a look at it so that we come up with a Bill that will be presented here. 

          I want to thank Hon. Sen. Tongogara for supporting the Bill.  She was worried that everyone will end up having the certificates because of corruption in the country.  She went further to say who exactly is in charge of these certificates.  We acknowledge that we have to be very careful when it comes to issuing of these certificates to get rid of corruption.  What I would like to assure you is that what the Hon. Minister said during Cabinet is that you have to explain what kind of copper indeed and how you will have acquired it.  You should explain satisfactory to the people who issue these certificates.  It will be written down on these certificates so that people within that region can actually see where the copper is coming from, and all the details about copper being transported.  The idea is to track this copper. 

There are people who are not afraid of breaking the law. This is what prompted us to come up with a bit stiffer sentences to all those who will be caught stealing copper.  We have heard that ten years is not enough, we are not saying it is ten years only.  What a magistrate is stipulated to do is that the minimum is ten years; it is possible for the magistrate to issue any number of years above the minimum of ten years. 

Again I would like to mention that within our Ministry, there is Prison and Correctional Services Department.  The main objective is not for us to have people in prison and die in prison.  We now refer to it as Prisons and Correctional Services.  When one is arrested and taken to prison, those who work there will welcome these people and try to understand the details that led to his or her imprisonment.  They will work towards his or her rehabilitation.  They should be able to be welcomed back into the society.  The main intention is to take those problematic characters away from the communities.  They allow them to be rehabilitated and have corrective measures done upon them and then taken back to the society.  We are producing electricians, artisan builders, different professionals and skilled personnel from the prison. That is part of our rehabilitation. Gone are the days when people would mock, laugh and name calling those who have been sent out of prison. We are looking at an individual whose life would have been transformed by being sent to prison. We now have different perspectives. The other Hon. Senator mentioned the issue of being booked at a hotel where people were using candles. Those are some of the things we want to get rid of. We need continuous access to electricity.

          I acknowledge the saying that we should lead by example. Those who are implementing the legislative measures should set an example so that people see that we are serious. Hon. Sen. Hungwe mentioned the impact of copper theft on farmers in terms of irrigation and the work they do on their farms and without electricity it becomes very difficult.  When we come to the issue of Presidential pardon, we cannot dispute those who are pardoned by the President. It is within the Constitution that he is given such powers to do so.

          Our roads are being destroyed because we are seeing an overuse of the highway instead of the rail. He mentioned the issue of ten years. It is just the minimum. They can be sentenced to more than ten years. When it comes to the issue of bail, we cannot evoke someone’s bail. It is within their rights that they apply for bail. On the issue of certificates, for those in possession of copper, the Minister of Home Affairs will explain further. He is now in here and I kindly ask for your permission that he comes in and gives clarity to this issue. 

          *THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (HON. KAZEMBE):  I would like to thank Hon. Minister Ziyambi for the job well-done for supporting the Bill which was being delayed. The Minister explained well the contents of the Bill. I will just pass through explaining a few things.  I was not going to clearly explain well like the Minister did.  The certificate is not going to be written without security features and is going to be issued by the Ministry through ZRP. I will explain the role which is going to be played by ZRP. The certificate will contain the form of the consignment because copper comes in different forms that will be found on the certificate of origin.

          Therefore, the certificate is in the same grade as title deeds. Title deeds originate when the house is being built until it is finished and that is how the certificate will operate from form up to delivery of the consignment. I am going to answer two questions that before being issued the certificate, one must be registered and the one selling it must also be registered which is not easy for one to have a certificate if not registered. That is indicated in the Bill. 

          The Bill has a Committee, including ZRP and companies that sell copper, like ZESA and National Railways.  They are included in the committee so that there will be no loopholes.  The committee must clear you so that you are issued with a certificate.  The certificates will be registered.  Before processing the copper, the certificate outlines the procedures on what you are supposed to do.  For instance, it is no longer copper but wire in the name of the owner until the process is done.  In other words, the certificate is unique to that consignment.  When moving with the consignment, you must have the certificate.  Therefore, moving from point A to B requires a certificate which will be asked for on road blocks and everywhere you go. 

          In the Bill, we are trying to discourage people from stealing.  All cars ferrying copper are subject to searching; it does not matter whose car is used.  If a car is ferrying copper under unclear circumstances, the car is taken by the State.  This will reduce stealing of copper.  Thank you Mr. President. 

          THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):  Thank you Mr. President.  With the clarifications and responses that we have been given, I move that the Bill be now read a second time.  I thank you. 

          Motion put and agreed to.

          Bill read a second time.

          Committee Stage: With leave; forthwith.

COMMITTEE STAGE

COPPER CONTROL AMENDMENT BILL [H. B. 3, 2021]

          House in Committee.

          Clauses 1 to 8 put and agreed to. 

          House resumed.

          Bill reported without amendments.     

          Third Reading: With leave, forthwith.

THIRD READING

COPPER CONTROL AMENDMENT BILL [H. B. 3, 2021]

          THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):  I move that the Bill be read the third time.

          Motion put and agreed to.

          Bill read the third time.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI): Thank you Mr. President, before I move for the adjournment of the House, I want to thank the Hon. Senators for the business of the Day.  I think we have helped a lot in ensuring that the agreements that needed Parliament’s agreement have been dealt with, as well as the Copper Control Amendment Bill where we had a robust debate which was enriching.  I want to thank you for your commitment.

On the motion of the MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, (HON. ZIYAMBI), the Senate adjourned at Four Minutes past Four o’clock p.m.

 

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