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SENATE HANSARD 6 FEBRUARY 2013 VOL. 22 NO. 07

PARLIAMENT OF ZIMBABWE

Wednesday, 6^th February, 2013.

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

PRAYERS

(MADAM PRESIDENT in the Chair)

ANNOUNCEMENTS BY MADAM PRESIDENT

DEBATE ON COPAC REPORT

  MADAM PRESIDENT:  I would like to remind hon. Senators

that the motion under debate is on the report of the Constitution

Parliamentary Select Committee on the progress and outcome of the Constitution making process and not on the accompanying COPAC final draft Constitution which is only for noting. Debate on the motion on the

COPAC Report should be strictly confined to the provisions of the

COPAC report itself and not contents of the Final Draft Constitution. Debate on the contents of the Final Draft Constitution will only be permitted during the second reading and Committee stages of the Constitution Bill. Once it is introduced in Parliament after the Referendum. I therefore urge members to confine their debate to the COPAC Report. I thank you.

SWITCHING OFF OF CELLPHONES

  MADAM PRESIDENT: May I please remind hon. Senators to

put your cellphones on silent.

MOTION

COPAC REPORT

THE GOVENOR FOR MATABELELAND NORTH: Thank

you Madam President, I move the motion standing in my name that this House:

COGNISANT of the fact that Article 6 of the Global Political Agreement provides that there shall be set up a Select Committee of Parliament to spearhead the drafting of a people driven Constitution of

Zimbabwe.

ACKNOWLEDGING that the Committee on Standing Rules and

Orders on the 12^th of April, 2009 did set up a Committee known as the

Constitutional Parliamentary Select Committee (COPAC);

REALISNG that the said Committee did undertake and complete drafting the new Constitution of Zimbabwe as provided for in terms of article 6 of the Global Political Agreement;

MINDFUL of the fact that Article 6 of the Global Political

Agreement further provides that COPAC must table the Report and draft

Constitution of Zimbabwe before the Hon. House;

NOW THEREFORE, Adopts the Report of the Constitution making process and;

FURTHER NOTES the draft Constitution of Zimbabwe tablked

before it.

HON. SENATOR GAULE: I second.

THE GOVENOR FOR MATABELELAND NORTH: Madam

President, on the 12^th of April 2009. The Select Committee on the new Constitution for Zimbabwe was set up to spearhead the writing of a new Constitution for Zimbabwe. The setting up of this Committee was in fulfillment of Article 6 of the GPA signed by the three parties in Parliament on the 15^th of September 2008. The Committee was made up of members as listed on page four of my report. Madam President, because of his schedule the Minister of Education Sports Arts and Culture Hon. David Coltart was replaced by Hon. Mkhosi as Co-Chair of the Select Committee. In the course of this exercise Hon. Edward Chindori Chininga was recalled by his party and was replaced by Hon. L. D. K. Dokora.

Your Committee wishes to report that we lost Hon. J.B. Ndlovu in December 2010 following a tragic road accident and that he was replaced by Hon. Innocent Gonese. We also lost Hon. G. Dube in December 2011 in a sudden death that shocked the Committee. May their dear souls rest in eternal peace. Hon. J. B. Ndlovu was not replaced. The Committee concluded the process with one member less.

Madam President, in order to effectively undertake its mandate in cognisant of the many roles, the Parliament staff was engaged. The Select Committee established its own secretariat in December 2009, which was to fully concentrate on the task at hand, as strict time lines had been set up in Article 6 of the GPA. This was to give the Committee unfettered attention in order to comply with the deadlines provided. Regrettably, the process took longer than anticipated for reasons to be outlined later in this report. The secretariat which supported the

Committee Madam President, is listed on page 5 of my report up to page 6. The Select Committee parted ways with Peter Kunjeku in October 2010 as national coordinator and head of the secretariat after his contract was not renewed. Mr Gift Marunda then took over as Acting National Coordinator.

During the course of the process, we lost the following members of staff MR.  Clifford Mupande, Mrs Vimbai Chiutsi, Mrs. Grace Fundira Buhera. May their dear souls rest in eternal peace. The Select Committee was also supported by technical team members carefully selected at each stage of the process. A schedule of these team members is attached to the report.

Working modalities of the Select Committee. In order to effectively and efficiently carry out its mandate the Select Committee created sub-Committees made up of its members as follows. Budget and Finance sub-Committee, this sub Committee was chaired by Hon. Walter Chidakwa and deputised by Hon. Gift Chimanikire. The other members of the sub Committee were Hon. T. Mohadi, Hon. E Matamisa, Hon. I Kay,  Hon. M. Mutsvangwa and Hon. B Gaule. The purpose of this sub-Committee was to ensure the effective management of financial resources for the select Committee.

Human Resources sub-Committee, this sub-Committee was chaired by Hon. G Chimanikire and deputised by Hon. W. Chidakwa. The other members of the sub-Committee were Hon. M. Mutsvanga,

Hon. A Chibaya, Hon, J Gumbo, Hon, R. Muchihwa, Hon. M Khumalo,

Hon. Chief F Charumbira and Hon. B. Gaule the purpose of this sub Committee was to ensure the effective management of human resources for the Select Committee.

Stakeholders sub Committee, this sub Committee was chaired by Hon. Chindori Chininga at its instance but the chair was then replaced by Hon. F. Buka when he left COPAC. The sub Committee was deputised by Hon. R. Muchihwa. The other members of the sub

Committee were Hon. Amos Chibaya, Hon. Innocent Gonese, Hon.

Cephas Makuyana, Hon. Editor Matamisa, Hon. Thokozile Mathuthu,

Hon. Believe Gaule, Hon. Tambudzani Mohadi, Hon. Lazarus Dokora, Hon. Joram Gumbo and Hon. Chief Fortune Charumbira.  The purpose of this sub-committee was to ensure that all programmatic activities of COPAC related to the convening of major activities were managed effectively.

2.4   Information and Publicity sub-committee

This sub-committee was chaired by Hon. Jessie Majome and deputised by Hon. Martin Khumalo. The other members of the subcommittee were Hon. Ian Kay, Hon. Olivia Muchena, Hon. Joram Gumbo, Hon. Flora Buka, Hon. Innocent Gonese, and Hon. Believe Gaule. The purpose of this sub-committee was to ensure the effective management of the media and communications arm of the Select Committee.

2.5  Legal sub-committee

This sub-committee was chaired by Hon. Brian Tshuma.  The other members of the sub-committee were Hon. Monica Mutsvangwa, Hon. Innocent Gonese and Hon. Believe Gaule. The four member subcommittee was a late creation after the Select Committee realised that there were a lot of legal issues that needed to be attended to.

3 Terms of Reference of the Select Committee

The terms of reference for the Committee are clearly spelt in Article VI of the GPA:

Acknowledging that it is the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves; Aware that the process of making this constitution must be owned and driven by the people and must be inclusive and democratic; Recognising that the current Constitution of Zimbabwe made at the Lancaster House Conference, London (1979) was primarily to transfer power from the colonial authority to the people of Zimbabwe; Acknowledging the draft Constitution that the Parties signed and agreed to in Kariba on the 30th of September 2007.

Determined to create conditions for our people to write a constitution for themselves; and mindful of the need to ensure that the new Constitution deepens our democratic values and principles and the protection of the equality of all citizens, particularly the enhancement of full citizenship and equality of women. The Parties hereby agree:

1. a) that they shall set up a Select Committee of Parliament composed of representatives of the Parties whose terms of reference shall be as follows:
2. to set up such subcommittees chaired by a member of

Parliament and composed of members of Parliament and representatives of Civil Society as may be necessary to assist the Select Committee in performing its mandate herein; ii. to hold such public hearings and such consultations as it may deem necessary in the process of public consultation over the making of a new constitution for Zimbabwe; iii. to convene an All Stakeholders Conference to consult stakeholders on their representation in the sub-committees referred to above and such related matters as may assist the committee in its work; iv. to table its draft Constitution to a 2nd All Stakeholders

Conference; and

1. to report to Parliament on its recommendations over the content of a New Constitution for Zimbabwe
2. that the draft Constitution recommended by the Select Committee shall be submitted to a referendum;
3. that, in implementing the above, the following time frames shall apply:
4. the Select Committee shall be set up within two months of inception of a new government; ii. the convening of the first All Stakeholders Conference shall be within three months of the date of the appointment of the Select

Committee; iii. the public consultation process shall be completed no later than

4 months of the date of the first All Stakeholders Conference; iv. the draft Constitution shall be tabled within 3 months of completion of the public consultation process to a second All

Stakeholders Conference;

1. the draft Constitution and the accompanying Report shall be tabled before Parliament within one month of the second All

Stakeholders Conference;

1. the draft Constitution and the accompanying Report shall be debated in Parliament and the debate concluded within one month; vii. the draft Constitution emerging from Parliament shall be gazetted before the holding of a referendum; viii. a referendum on the new draft Constitution shall be held within 3 months of the conclusion of the debate; ix. in the event of the draft Constitution being approved in the referendum it shall be gazetted within 1 month of the date of the referendum; and
2. the draft Constitution shall be introduced in Parliament no later than 1 month after the expiration of the period of 30 days from the date of its gazetting.

 

In carrying out its mandate, the Select Committee was guided by the following principles:

1. That all decisions during its deliberations were to be by consensus.
2. That meetings of the Committee or its sub-committees were deemed official only when all the parties in the inclusive Government were represented, provided that in cases were one party was not represented, the co-chair of that party‟s representatives allowed such a meeting to proceed as an official meeting in their absence.That all Select Committee meetings would be co-chaired. Madam President, your Committee also included a representative of the Chiefs Council who sits in Parliament. During the initial period the Select Committee operated within the precincts of Parliament and was serviced by the Parliament secretariat. The Select Committee acknowledges the immense role played by the Clerk and his team during this formative phase of the process.  An independent secretariat was then recruited in December 2009 and was based at the COPAC Head Office at 31 Lawson Avenue in Milton Park, Harare.

 

Before embarking on the stages outlined in Article VI of the Global

Political Agreement, your committee held preparatory meetings and seminars.  In this regard your committee benefited immensely from the expertise and experience of Cyril Ramaphosa and Roelf Meyer from

South Africa.  Your committee is also indebted to our fellow

Zimbabweans Professor Reginald Austin, Justice Ben Hlatshwayo and Mrs Joyce Kazembe for their input during the initial stages of the process.

 

The committee also undertook provincial outreach programmes which were meant to introduce the committee to the populace as well as to afford an opportunity to explain the various stages of the process as envisaged in the Global Political Agreement.

 

1. First All Stakeholders’ Conference

The First All Stakeholders‟ Conference was held at the Harare International Conference Centre on the 1^st of July 2009.  The conference which was facilitated by Dr. Hope Sadza and Professor Pheneas

Makhurane was attended by about 4 000 delegates.  The major product of that conference was the development and adoption of the following thematic areas:

• Founding principles of the constitution
• Separation of powers of the State
• Systems of Government
• Executive organs of the state, PSC, Police and Defence
• Elections, transitional mechanisms and independent commissions
• Citizenship and Bill of Rights
• Land and Natural Resources
• Public Finance and Management
• Media
• Traditional institutions and customs
• Labour
• Youth
• Disabled
• War Veterans/ Freedom fighters
• Local Languages, Arts and Culture
• Women and Gender
• Religion

Madam President, the above thematic areas became a basis upon which the outreach programme was conducted.  The First All

Stakeholders‟ Conference also mandated the Select Committee to ensure that in all its processes, political parties would constitute 30%, while civic society would constitute 70%.  The Select Committee was also required to ensure that the principle of equal representation of men and women in all its organs was adhered to.

2. Management Committee

In order to expedite the work of the Select Committee, the Principals to the Global Political Agreement established a structure known as the

Management Committee to give policy and strategic direction to the process, as well as serving as a deadlock breaking mechanism.  The Management Committee comprised of the two negotiators from the three parties that are signatories to the Global Political Agreement, the

Minister of Constitutional Parliamentary Affairs and the Co-chairs of the Select Committee as follows:

• Tendai Laxton Biti
• Patrick Antony Chinamasa
• Nicholas Tasunungurwa Goche
• Elton Steers Mangoma
• Munyaradzi Paul Mangwana
• Adv. Eric Taurai Matinenga
• Edward Thsothso Mkhosi
• Priscilla Misihairabwi-Mushonga
• Douglas Togarasei Mwonzora
• Prof. Welshman Ncube

During the course of the process Hon. Ncube was replaced by Hon.

Moses Mzila-Ndlovu.

3. Funding arrangements for the process

Madam President, because of the magnitude of the process and the costs involved, the process was jointly funded by the Government of

Zimbabwe and the donors through a basket of funds managed by the United Nations Development Programme (UNDP).  In this regard, a Memorandum of Understanding was signed with the UNDP in March

2010 which led to the establishment of the Project Board.  The Project Board, which met on a quarterly basis, was responsible for approving budgets and work plans in respect of the usage of donor funds for the process.  The Project Board comprised of the entire Management Committee, three representatives of the donors and representatives of civil society in the form of Dr. Hope Sadza and Professor Pheneas Makhurane.

The Select Committee acknowledges with thanks the role played by the UNDP Zimbabwe Resident Coordinator Mr. Alain Noudéhou, the former UNDP Zimbabwe Country Director Ms. Christine Umutoni and their team which included Mr. Mfaro Moyo, Mrs. Noria Mashumba and Mr. Anthony Nyagadza in mobilising more resources for the process.

4. Training of Outreach Team Members

Madam President, pursuant to the directives of the First All Stakeholders‟ Conference, COPAC facilitated the training of outreach team members in December 2009 and early January 2010.  Over 700 delegates were trained during this period.  Over three quarters of the hon. members of Parliament were involved during this exercise. The purpose of the training was to ensure that the delegates would understand the methodology for conducting the outreach programme. The major output of the workshop was the development and production of „Talking Points‟ from the 17 thematic areas that emanated from the First Stakeholders Conference.  The Talking Points were later fine-tuned by legal experts drawn from the three political parties in the GNU.  These Talking Points were critical in eliciting responses from participants during the outreach programme. These „Talking Points‟ were translated into various local languages.

5. Training of Rapporteurs

In April 2010 the Rapporteurs who were to be responsible for recording the responses from the outreach were trained.  A total of 210

Rapporteurs were trained translating to three per outreach team.  These Rapporteurs represented the political parties that are signatories to the Global Political Agreement.  It was decided that the three Rapporteurs would produce a report which would have to be adopted by teams as reflecting a true record of what had transpired during each meeting.

6. The Outreach Programme

Before embarking on the outreach programme, COPAC embarked on a process of identifying the meeting points with the assistance of stakeholders such as political parties, Provincial Administrators, District Administrators and the Zimbabwe Electoral Commission.

COPAC thought it prudent that the outreach be launched by the Principals to give them an opportunity to reiterate their commitment to the process and assure the citizens that their views would be respected.

All the three Principals committed themselves to uphold the views that would emerge from the people. The launch of the outreach programme was done on Wednesday the 16^th of June 2010.

On the 21^st of June 2010, COPAC embarked on the outreach programme countrywide. 70 teams were dispatched to the different provinces of the country.  Each of the outreach teams comprised of the following members:

• Co-chairs as overall supervisors
• 2 members of the Select Committee as provincial supervisors
• 3 Co-team leaders
• 3 Rapporteurs
• 1 Technician
• Drivers
• Ordinary team members

Each of the teams comprised an average of 14 members.  70% of these members were drawn from civil society and 30% from political parties in line with the resolution of the First All Stakeholders‟ Conference.

The outreach process took an additional 30 days over and above the 65 days originally planned. The outreach consultation process was completed and a total of 4 943 meetings were successfully completed in 1 960 wards countrywide as reflected in the table below.

 

Province	No. of meetings	Total No. of participants	No. of males	No. of females	No. of youths	No. of special needs	Average attendance
Mash East	567	181 756	60 158	69 733	50 400	1 465	321
Mash West	509	121 647	55 034	44 148	22 119	346	239
Manicaland	677	152 130	57 828	67 760	24 911	1 631	225
Mat South	477	48 211	19 248	21 602	7 142	219	101
Mash Central	652	214 023	71 965	77 284	63 482	1 292	328
Mat North	614	53 077	20 905	20 605	11 246	321	86
Masvingo	622	184 208	64 960	76 267	41 053	1 928	296
Midlands	672	102 453	43 842	42 690	15 515	406	152
Harare	96	49 699	17 541	17 192	14 761	215	518
Bulawayo	57	11 556	4 791	3 957	2 611	197	203
Totals	4 943	1 118 760	416 272	441 238	253 240	8 020	226

 

In Harare, a total of 44 out of the planned 84 meetings were convened prior to the decision by the Management Committee to suspend outreach programmes in the Capital.

1. National Consultative Outreach for Children

COPAC partnered with UNICEF to convene a special outreach meeting for children from the 22^nd to the 23^rd of September 2010 at Parliament Buildings. Some of the views raised by children during this and other meetings across the country are captured in this Draft Constitution.

7. Special Outreach for Members of Parliament

Most Members of Parliament were members of the outreach teams that conducted the consultations countrywide.  As a result, they did not get an opportunity to air their views for possible inclusion in the Draft Constitution.  In this regard, they requested that a special outreach be conducted for them, and this was done on Thursday the 11^th of November 2010 at Parliament Buildings. The important views they expressed are captured in this Draft Constitution.

8. Institutional Submissions

COPAC also received 52 written submissions from institutions and other organized groups.  These views as expressed by these submissions have been incorporated into the Draft Constitution.

9. Special Outreach for the Disabled

Special outreach meetings for the disabled were carried out throughout the country.  These meetings were coordinated by the umbrella bodies for the disabled at selected meeting places in each province.  The invaluable contributions by the disabled were factored into the Draft Constitution.

10. Participation by the Diaspora

The COPAC website was launched and groups in the Diaspora were encouraged to use it for their contributions. There was a good response from groups in the Diaspora, with 2,200 responses being submitted. The information was quantified and analysed for incorporation into the main outreach material.

11. Data Uploading

The process of up loading data was conducted from the 10^th to the 25^th of January 2011.  This process was essentially meant to store the outreach data in electronic format.  It will be noted that although all outreach teams had laptops, it was not possible to electronically record the responses on the day of the proceedings for various reasons, which include power cuts, which affected many parts of the country.  It therefore became necessary to upload the data into a giant sever.  COPAC developed software application known as CODACA, specifically for this purpose.  Although technical problems were encountered in the initial stages, all the data was successfully uploaded.

12. Sitting of Thematic Committees

The Thematic Committees had the mandate to analyise the data that came from outreach.  425 participants constituted the Thematic Committees.  Of this figure, 30% were Members of Parliament and 70% of the membership came from civil society.  A decision was also made to allocate 30 and 17 slots to small political parties and Chiefs respectively.

During the sitting of these Thematic Committees disagreements arose on the methodology to be adopted in analysing the data.  Specifically, some were in favour of using the “quantitative method”, which entailed using the number of wards in which an issue was mentioned, as a

measurement of the popularity of that issue, while others preferred the “qualitative method”, which entailed using other parameters such as the meeting atmosphere and the spread of acceptability of the issue across all provinces.  An agreement was then reached to use both methods in analysing the data.

The major outcome of the Thematic Committees was the production of Ward, District, Provincial and the National Statistical Reports.

13. Interpretation of statistics

Prior to the commencement of outreach, the Select Committee resolved to have specific number of meetings in each ward in order to ensure uniformity and fairness in reaching out to the people across the country. The resolution was to the effect that three meetings were to be held per ward in rural areas while one meeting was to be held per ward in urban areas.  The difference in the number of meetings between urban and rural areas was motivated by the fact that most rural wards are vast and people would travel long distances to attend a meeting at a central venue in the ward. However, there were more than three meetings per ward in some rural districts and more than one meeting in some urban wards for various reasons. Because of the differences in the number of meetings held per each ward throughout the country, it was agreed that the ward would be used as the unit of analysis as opposed to the meeting.

The percentages generated in the statistical reports are based on the number of wards in which an issue was mentioned out of the total number of wards.  It therefore gives a general indication of the views which came out of the public consultative process.  Given the fact that this was not a scientific study, the Select Committee resolved that both the statistics (quantitative) and qualitative outcomes (for example meeting atmosphere and others) must be taken into account in deciding what would eventually go into the constitution.  The interpretation of these statistics therefore has to take into account these limitations in methodology.  Whilst a high frequency was a general guide that in itself was not the sole determinant of the importance of an issue enough to find its way into the Draft Constitution that has been produced.

14. Preparatory work for drafting

Some of the issues that were raised during the outreach programme were not necessarily constitutional.  The Select Committee then undertook an exercise of extracting constitutional issues from the National Statistical Reports.  In this regard COPAC engaged 17 legal experts (5 per political party and 2 representatives of Chiefs).

The Select Committee met at various locations which include Pandhari, Masvingo, Vumba and Bulawayo and engaged in the following

processes:

• The extraction of Constitutional issues, all of them, as derived from the outreach process. These are contained in a document entitled „Drafting Instruments‟ which is also attached for the information of this Honourable House.
• The second exercise was to extract, from the list of constitutional issues, the list of Agreed Constitutional issues that would actually go into the constitution These are also contained in the document entitled „Drafting Instruments‟ noted above.
• The Select Committee also developed 26 Constitutional Principles from the National Statistical Report to guide the drafting process.

These are also contained in the document entitled „Drafting Instruments‟ noted above.

• There were gaps in the information that was collected during the outreach programme. In some instances technical questions were not addressed.   People answered the question “what”, and did not address the question of “how” they wanted the issues to be effected in the constitution.  The Select Committee with the assistance of technical experts then conducted a process of identifying and filling the gaps and produced an agreed Document on Gap Filling.

Some of the gaps identified were in respect of the following areas:

• Qualifications of judges
• Removal of judges from office
• Who can declare a state of emergency
• Acquisition, loss and restoration of citizenship
• Powers of the Senate and the House of Assembly
• Election of President of the Senate
• Election of Speaker of the House of Assembly
• General matters relating to parliament
• Procedure in parliament

The Gap Filling information is also contained in the document entitled „Drafting Instruments‟ noted above.

15. Drafting

The following Principal Drafters were appointed by the Select Committee:

1. Justice Moses Chinhengo,
2. Brian Crozier and
3. Priscilla Madzonga.

These Drafters were chosen for their competence and expertise in drafting.  They were assisted by a Drafting Committee comprising of 5 nominees from each of the political parties represented in Parliament and two others nominated by the Chiefs Council. The Select Committee produced Drafting Instructions to guide the drafters in their work.  The drafting process was scheduled to be completed in 35 days.  Up to the time this Final Draft Constitution was produced, the drafting process had cumulatively taken 102 days.

In January 2012, the Preliminary Draft was produced which was interrogated by the Select Committee culminating in fresh instructions to the Drafters.  In order to expedite the work of the Select Committee, the

Co-chairpersons‟ Forum was established to interrogate the draft.  It comprised of the following:

• M. P. Mangwana
• D. T. Mwonzora
• E. T. Mkhosi
• Alex Magaisa
• Godwills Masimirembwa
• Josephat Tshuma

The Chairpersons‟ Forum produced a report which was adopted by the Select Committee.  The report formed the basis for fresh instructions to the Drafters.  A First Draft was then produced at the end of April

2012. After receipt of comments from political parties the Select

Committee sat to interrogate same and produced a document on agreed and disagreed issues.  This document was referred to the Management Committee.

Madam President, during the course of drafting, disagreements emerged on issues relating to Dual citizenship, Devolution, Attorney General, the Executive and the National Prosecution Authority.  These matters were referred to the Management Committee for resolution.   The Management Committee then met in May, June and July 2012 to deliberate on the First Draft Constitution and the parked issues.  The

Management Committee discussions resulted in the COPAC Draft of the

18^th of July 2012.  The Select Committee formally adopted this Draft Constitution on the 21^st of July 2012.  This is the Draft Constitution that was then taken to the second All Stakeholders Conference in October 2012.

16. The Second All Stakeholders Conference

The Select Committee convened the Second All Stakeholders

Conference at the Harare International Conference centre from the 21^st to the 23^rd of October 2012. The conference which was attended by 1 400 delegates had the following terms of reference:

1. To receive the Report on the Constitution making process up to the time of the Conference.
2. To receive the Draft Constitution from the Select Committee.
3. To receive comments and recommendations on the Draft Constitution from the Stakeholders.
4. The Select Committee to take note of the comments and recommendations.
5. The Select Committee to compile a report for its own use.

The Opening Session of the Second All Stakeholders‟ Conference was officially opened by His Excellency, The President R. G. Mugabe, The Right Hon. Prime Minister M. R. Tsvangirayi and Deputy Prime Minister A. G. O. Mutambara.

The Conference report outlined the following:

1. Areas where no changes were recommended to the Draft
2. Areas where recommendations for change to the Draft were made

(and not indicated whether agreed or disagreed )

1. Areas where recommendations or changes to the Draft were recommended and disagreed

 

Under item (b), the Select Committee agreed on taking some recommendations proposed as well as dismissing others considered inappropriate. It is on areas covered under (c) as detailed in the report of the conference that challenges on how to proceed arose.

17. The Committee of Seven

Noting the impasse that had arisen on how to proceed with the areas that had not been agreed upon during the Conference, the Principals to the Global Political Agreement established a Committee of Seven on the 25^th of November 2012 to try to unlock the deadlock. The committee consisted of three Cabinet Ministers, one from each of the parties to the

Global Political Agreement, the Co-chairs of the Select Committee and the Minister of Constitutional and Parliamentary Affairs as the convener and chair as follows:

• Adv. Eric T. Matinenga
• Tendai Laxton Biti
• Patrick Antony Chinamasa
• Munyaradzi Paul Mangwana
• Edward Tshothso Mkhosi
• Priscilla Misihairabwi-Mushonga
• Douglas Togaraseyi Mwonzora

 

After several meetings the committee met with the Principals on the morning of Thursday 17 January 2013 resolved the areas of disagreement.  This paved the way for the revision of the Draft of 18

July 2012, which your Committee has done. It is this Final Draft

Constitution that your Select Committee hereby tables before this

Honourable House for its consideration.

18. The need for negotiations

Madam President, this Constitution making process has been a people driven process in both deed and spirit. As indicated earlier, the consultation processes have little parallels in Africa and the world over. The outreach phase attracted over 1,100,000 (One million one hundred thousand) people, roughly the same number of people who voted in the 2008 General Elections. Mr. Speaker Sir, negotiations were necessary because of the diverse views raised by the people. Specifically, negotiations were necessary for the following reasons:

1. The inconclusiveness of the data gathered.
2. The contradictory nature of the data in some instances.
3. The divergent views as raised by delegates at the Second All Stakeholders Conference.
4. The need to benchmark the Draft Constitution to international best practice.

19. Adoption of Final Draft Constitution

Madam President, we are pleased to report that the Draft Constitution that is a culmination of all the processes mentioned above was formally adopted by the Select Committee as suitable for presentation to this august House on Thursday the 31^st of January 2013.

20. Challenges

Madam President, the process has not been an easy one. The Select Committee encountered several challenges as it navigated its way on the process:

1. Delays in funding.
2. Serious political polarisation.
3. Negative media publicity.

Despite all the challenges, the Select Committee has managed to produce the Final Draft Constitution and its accompanying report.  It is this report that we table for your consideration.

We wish to give a special thank you to the Government of Zimbabwe for providing over USD $24.7 million in support of the process.  We also remain indebted to our cooperating partners, who, to-date have contributed USD $21 million to the process.

Madam President, particular mention should be made of the Cochairs and members of the Select Committee whose dedication and commitment have made this day a reality.  Your Committee wishes to thank the teams that participated in the process from outreach up to the drafting stage. These were committed Zimbabweans, some of whom went without a decent meal as they moved from one meeting to another during outreach.

We also thank the many lodges and hotels and other service providers for the service rendered during the process. They all made a significant contribution to the constitution making process. Some remain ready to assist where possible, despite not having been fully paid their dues.

Finally, we wish to thank the secretariat for working around the clock under very difficult circumstances. Your efforts have not been in vain.

Apart from constitution making, the process has by and large been a platform for national dialogue. It has helped in reducing tension amongst political opponents. Whilst this constitution was being made, a silent revolution was taking place amongst Zimbabweans. When the full story of COPAC is told, it shall reveal a deep sense of patriotism, patience and the need to listen to one another. In the political discourse that follows, Zimbabweans must be guided by the spirit of service to the nation, resilience, and togetherness in order for this great nation to prosper.

Please note that this executive summary is a mere microcosm of the full report.  Those who intend to read in detail what transpired at various stages of the process can refer to the full report which is contained below. I thank you.       

SENATOR GAULE:  Thank you Madam President, I also rise to

support the motion that is before this august House and it is not my intention to drag this House into boredom by repeating what has already been said.

I will therefore start by explaining the meaning of the statistics that you will find in our reports.  Madam President, the percentages depicted in our reports are based on the number of wards in which an issue was mentioned out of the total number of wards.  Due to the fact that the Outreach Programme was not a scientific study; the Select Committee resolved that both the statistics, quantitative and qualitative outcomes, meeting atmosphere, etcetera, must be taken into account by deciding what would eventually go into the Constitution.

The Outreach Programme was a mammoth exercise which actually generated a mixed bag of views.  Allow me to make this point that, not all the views that came out of the Outreach Programme were necessarily constitutional.  Your Committee then engaged in an exercise of extracting constitutional issues from the Outreach Report which led to the production of a document on constitutional issues.  Madam President, your Committee also engaged in a process of extracting agreed constitutional issues from the list of constitutional issues.  These are the issues that eventually found their way into the Constitution.

Your Committee also developed 26 Constitutional Principles from the Outreach Report to guide the drafting process.  The data that came from the Outreach contains some gaps as some of the issues required to complete the Constitution were technical and could not be asked during outreach.

I am pleased to report that your Committee successfully filled the gaps.  Madam President, the technical part of the drafting process was made by three drafters who are distinguished fellow Zimbabweans.  I wish to bring to the attention of the Senate that Justice Moses

Chinhengo, Bryn Desmond Crosier and Mrs Priscilla Madzongwe undertook this daunting task.  These drafters were not chosen on partisan basis but for their experience and expertise in drafting.  We found their work very fulfilling – we are happy that the work has come to an end. Very often some people thought that we did not want the processes to come to an end for selfish reasons. This process was painful and we all wanted to have it done away with as quickly as possible but circumstances beyond the control of your Committee came into play.

We are pleased however, that the work has now been completed but Madam President I would also want to end by thanking in a very special way, my colleagues in the Select Committee; those whom we work together and also, let me not be selfish and thank all Hon. Members of Parliament who took part in the Outreach Programme and whose cars were damaged in the Outreach Programme.  Some of them were left poor,  poorer than when they embarked on this Outreach Programme.  Madam President, I take this exercise as a Liberation Struggle.  I feel some people took up arms to fight to liberate our country and those people who fought to liberate our country were helped by many other Zimbabweans who also took part in that process but at the end of the day, it is the War Veterans and some of the people, maybe those who carried the guns, who were paid gratuities but many others did not benefit.

Madam President, why I am saying this is that, there are so many

Zimbabweans who took part in this exercise for it to become a success.

Those who attended these Outreach meetings and those who went out to gather views, also played a part to make this day a reality.  I thank you Madam President.

SENATOR CHIEF MTSHANE: Thank you Madam President,

first of all, I stand to thank the mover Hon Mathuthu; who incidentally who happens to be my resident Governor in Matabeleland North

Province for her presentation and also extent my sincere thanks to COPAC who have achieved a sterling job and all hon. members who I know were involved in the Outreach Programme and other people who were involved who were also mentioned in her report.  I think Madam President you will agree with me that Zimbabweans have finally found each other.  This programme has dragged for more than three years, I want to believe that at last we have found each other and we should congratulate each other.  I do not know if I will offend you but I just want to stick to your instructions.  I just want to comment particularly on what transpired at Outreach Programme, particularly about one issue – that one issue is the question of land which people went to war to achieve or accomplish.  I am not even sure whether I should not mention what I want to mention but I feel I should mention it.  We have had a look at most of these reports and I do not see it offending if we refer to some of them particularly the question which incidentally happens to fall under the Property Rights.  The feeling that I have or we have, as Traditional Leaders, is that the disposal of Communal land is going to be taboo in Zimbabwe.  What it means is, former Commercial Farmers will come back and buy us all and some of the Zimbabweans who have all the money to themselves can also buy us all.  Madam President, I am appealing to these hon. Members – in fact I am giving them some homework during this period between now and the Bill to assist us...

SENATOR MUCHIHWA: On a point of Order, I think the Hon.

Member is now debating issues of the Draft Constitution.

MADAM PRESIDENT:  Thank you Hon. Senator. Hon. Chief

Mtshane could you please respect the announcement which was made earlier and stick to the report.

SENATOR CHIEF MTSHANE:  Thank you Madam President, I

have already appealed to hon. members to have a look at the draft carefully during the recess so that when we come back after the referendum, we will help each other.  I can assure you hon. members that, as traditional leaders, we shall help you 100 percent to achieve a yes- vote in the referendum.  Thank you.

*SENATOR MUCHIHWA: Thank you Madam President, I

would like to thank the children of Zimbabwe for the unity that we achieved during the drafting of the new constitution, despite having different parties and churches.  It was written from the people and through the people.  I would also want to thank the liberators of this country for giving us this opportunity as children of Zimbabwe to write our own constitution and putting aside the Lancaster House Constitution.

I would like to thank all those who were involved, we had so many people, including lawyers, judges and teachers to mention but a few.  They left their jobs so that we would help each other to come up with one thing.  There was a time when there was a lot of fighting, but because of God and the spirit of our fallen heroes, we were given power so that we stood up and came up with one constitution.  Therefore, I would like to thank everyone who was involved in whatever way, be it material or otherwise.  We have those who departed, those who are mentioned here are few, but we had so many people whom we worked with during our outreach programme who are now late.  I remember one comrade in Masvingo who left us, we would like to think of those people.  We would like to thank them all because they left us after we had walked a long way.

This constitution is not just for us, some of us are old, and therefore, I believe that this is for inheritance by our children in the next generation.  It will help us to acquire our wealth as Zimbabweans.  I just wanted to add my voice to what others in the Select Committee have pointed out, especially Governor Mathuthu.  We cannot repeat what she has alluded to because it is complete.  I think we will just go and read because it is voluminous.   However, I would like to thank the hon. members whom we travelled with to places that we have never been before.  I would also want to thank the rural folks like our grandmothers who were brave to cross rivers in order to come and register their concerns for the constitution making.  I would also want to urge all the other COPAC members to go out and thank all those people who were involved.

I would also like to thank our President Robert Mugabe, the Prime Minister and the Deputy Prime Minister for helping us and giving us this opportunity.  They rescued us and sent the army to help us.  I would also want to thank our negotiators who also came to our rescue since at one time we were really at each other‟s throats.  I would like to thank you because it was for the good of the people of Zimbabwe.  Thank you.

*SENATOR MUTINGWENDE: Thank you Madam President, I

would like to thank you for giving me this opportunity to add my voice to this motion which was moved by hon. Senator Mathuthu who is our governor for Matebeleland North and was seconded by hon. Senator Gaule.  Madam President, I only have a few words especially concerning the outreach. I would like to think that it was a job well-done and will not waste time repeating what others have said.  Madam President, I saw a very good thing during the outreach programme.  I was part to this programme and in the committees I was in team number 2 in the Midlands Province.

This came out as a people‟s programme because people gathered to air their views.  Firstly, in life, people were asked to air out their views on what they felt needed to be added into the constitution.  At first, it was difficult for the rappoteurs to fish out what note and what not to note down as people would just say out whatever they wanted to say even irrelevant things to the question put forward.  Madam President, I have an example, that people of Zimbabwe were very happy to air their views in this constitution making process. In some places people would give the example of Ombudsman as if it is a goat. [HON. MEMBERS: Laughter]  This suggested that, it was their first time to hear that word and I think it was very pertinent.  I hope that with time, the people of Zimbabwe will come to understand what a constitution is.

During this outreach programme, I noticed that people were happy because there was peace, freedom of speech and people would air their views in their own language.  I do not know how the situation was in other provinces, but I would like to think that what transpired in the Midlands province would be a reflection of what took place in all the other provinces.

Coming to the representation of women in the constitution, I discovered that it was very important that there is freedom and there was a lesson that was brought about during the meetings.  They saw women as part of the spear-heading committee; therefore, they were free to air their views.  I would like to thank the views that came out from women who were spear-heading this. I discovered that this is a people driven thing.  Even as we go down for our referendum, I think people are in agreement that they were part and parcel to the whole thing because the people feel that they were honoured in being consulted, although it was difficult for the people who were travelling, who were going about.  I do not want to dwell much on that but I just want to talk about the outreach.

Although it was difficult, but it was a job well done.  Thank you Madam

President.

*SENATOR CHIMBUDZI:  Thank you Madam President.  I

would like to thank our resident Minister Governor Mathuthu for raising this motion, seconded by Senator Gaule.  I would like to add my voice in thanking the Select Committee for a job well done.  I have heard what Governor Mathuthu said in her report on the First All Stakeholders which took place in 2009 on the 1^st of July.  I have seen that there were a lot of people, 4 000 from different political parties, which is the first of its kind because we have never come across this in the history of our country, but this took place.  We were given 30 percent as political parties and civic society had 70 percent but we were all together.  I would like to thank the Select Committee for a job well done and thank all the Zimbabweans that as Zimbabweans it was our first time to come together and we did our job well. We have seen that the Select Committee, as well, was mandated that on each and every job they are supposed to give precedence to the gender issue.  I would also want to thank my ZANU-PF party, starting from our President, Presidium and Politburo because I was also part of that committee.  They found it fit that I could support our party and also other ZANU-PF women for we did a job well done representing our party.  I would like to thank my party for choosing me.

I would want to say to the Select Committee that the First All Stakeholders Conference was being spearheaded by Dr. Hope Sadza who is a woman and Professor Makhurane.  I noticed that these two did a job well done.  They were apolitical.  They acted professionally.  We would like to thank them for that because it is a lesson to us as Zimbabweans that we went there as Zimbabweans, which means that today we can stand with one thing, that is the report, for it came out as a result of our unity as we were all in one accord.  I would like to thank the Select Committee for a job well done for they followed all the rules that they were supposed to follow.  Thank you Madam President.

+SENATOR SIBANDA:  I thank you Madam President for this

opportunity to also support the motion that was raised by Governor

Matutu seconded by Hon. Gaule.  I also want to add my voice thanking God for allowing us as children of Zimbabwe to get to a point where we come up with a new constitution and I also want to thank our principals, especially the President, Hounourable Robert Mugabe and the Prime Minister, Hounourable Morgan Tsvangirai for their support for the nation to have a new constitution.  I also want to appreciate that I was also part of the members who drafted the constitution.  A lot has been said but what I really want to appreciate is the spirit that was behind it from the children of Zimbabwe and all the different parties that were in control.  I now realise that God was in control for anyone who was coming to the meetings was going to be surprised that people were working together although they were coming from different political parties.  We were all working as a team and we realise that because of the team spirit that was there for us to craft this new constitution, even though there were times when there was hunger because of lack of money, we realised that we were able to share and I believe that this was not in our powers but the powers of God.

The new Constitution that we have, I believe is coming to guide people of God and not our own people.  That is why we managed to craft this new Constitution.  We realise that even people who were coming for the meetings were coming from different parts of the world and contributing happily. This shows that Zimbabwe is a peaceful nation even our leaders, especially where I was.  I also want to appreciate Hon. Jorum Gumbo and Hon. Amos Chibaya.  They where good leaders and they also encouraged the team spirit and where we were arguing, they were able to bring us together.  I want to urge everyone to thank people who were our leaders especially Jabulani Ndlovu, I would also want to thank those who were also helping us, for example, Cyril Ramaphosa, which shows that everyone was working towards the Constitution. We realise that we come to the end of this and we would go back to our people. I believe everyone is going to agree with this. I realise that everything has been said and I realise that people will agree to the new Constitution that has been drafted. I thank you Madam President.

        MADAM PRESIDENT: Thank you Hon Senator Sibanda. Thank

you very much.

*SENATOR DETE: Thank you Madam President, for according

me this opportunity to add my voice. I would like to start by congratulating this House for a job well done. Secondly, I would like to thank Governor Mathuthu for moving this motion which is a very important historical motion. I would like to thank Hon. Gaule for seconding this motion. I would like to say congratulations Hon. for a job well done and for the JOMIC people, they did a good job when we started getting into teams because we did not get along at first. When we started, it was difficult but we now finished as one party but at first, we were people from different parties but as time went by, we become united. I would like to say, as we moved around, there was unity amongst us. I am grateful for the understanding that was amongst us.

Some were not well but we worked together during the outreach programme, we would give ourselves positions on how to work in harmony. After the meetings, we would do a postmortem in one accord in love and in unity. I would also like to thank the drivers who sacrificed to drive us. Some of the roads were bad and there were no roads in some places. We would actually make the roads but we reached the places.

We managed to get to difficult placed and I think the spirit of the Lord was upon us. The cars would travel at high speeds but we did not witness any accidents or breakdowns. We would want to thank the ancestors of this land, country and God as well. There was hunger and at times there was no food but we would share whatever we had even the wild fruits. We fought together like the freedom fighters.

Lastly, I would want to thank our principals especially the President and his colleagues that they were on our side. They did not leave us alone in times of need. They were with us even in spirit.  They were interested in how things were going. When we came short of finances they would chip in, we would like to thank them. We would not have achieved much if the President and his colleagues were not by our side. We witnessed some breakdowns but we would not go back and we are very happy with what happened even when we see the cars, we are very happy that it was a job well done, we know that it was a sacrifice. We know that as time goes by, our President is aware that we have representatives of our parties, Governors and all the high ranking people are aware of that. When they have a chance, I think they will sit down and discuss about our car breakdown. I remember in our team we had Hon. Makore, his car became a wreck. I do not know whether he was able to resuscitate the car and all our cars are in a similar state, but we are happy. I would like to thank the spirit of God and the spirit of Mbuya Nehanda that was in our midst. I think we should continue in unity  until election time. We know that if we continue in this spirit of unity there will be no violence and our Constitution by black Zimbabweans and not that other Constitution which was shoved down our throats by other people who are not blacks. We want to appreciate the fact that we now have a Constitution which was made by us as the people of Zimbabwe, the youth the women and the men because everyone had a chance to speak their voice. We would like to appreciate that we have come to the end and we now have the baby in our hands. Let us all be united because this country is united and it belongs to each and every one of us. Our principals always preach about peace, our President and the JOMIC is there, already they have joined the band wagon. So, let us continue even the people in the grass roots, we should get into elections as one with no violence. I would like to thank you for that. I am so happy because we met a lot of challenges and at times we were chucked out of hotels and we would leave the hotel at midnight. Some of us now have high blood pressure because of that. I am so happy that that thing has come to an end. Thank you hon. members for a job well done.

  SENATOR HLALO:  Thank you Madam President for giving me

this opportunity to express my views on the COPAC draft.  For someone like me who was born and bred in Bulawayo not having had time to live in the rural areas, I spend 90 days on the outreach programme.  I was out of town for almost three months, I remember the first days we started the process we were all suspicious of each other.  We would say let us check what ZANU PF is doing and they were also suspicious of us but later, we found each other that what was important was Zimbabwe and its people‟s views, which was more than any one party‟s priorities.

Madam President, I remember the day we travelled to some place called Mujere Fishing Camp which is way out on the Zambian boarder and the distance is about 148 km but we travelled that distance in five hours because there are no roads.  There were also a lot of huge mosquitoes which would bite us.  However, all this was to sacrifice that today we have this document which will stir our country forward.  This very document is the beginning of the going away of sanctions.  These sanctions will go without doing anything but if we respect what is in the document, the sanctions will go away.

Madam President, I am very happy today that I can put my head on the block to say yes, to this document unlike the document which was done in 1999, which was condemned by the people.  I was at that time a Commissioner as well where I was AAG President with people like

Philip Chiyangwa.  I was one of the first people who advocated a „no‟ vote because of the way the document was finally done.  With this document I will carry my head high and campaign for a „yes‟ vote.  With these words I would want to thank you for this opportunity given to me by this august House.  I thank you.

MADAM PRESIDENT:  Order, may I remind hon. senators that

we still have other business on today‟s Order Paper.

       *SENATOR CHIEF MUSARURWA: Thank you Madam

President, I would also want to add my voice to this report which has been presented by Hon. Governor Mathuthu.  I would also want to stand for this report for a job well done by the people of Zimbabwe.  All along, this country has been governed by the Lancaster House

Constitution but due to the unity of the people of Zimbabwe, they found it befitting that we should have our own Constitution as the people of Zimbabwe.  In this Constitution we can talk of what we want, how we want to be ruled as the people of Zimbabwe without the oppressors because they contributed in the Lancaster House Constitution.

In this Constitution, we find that it was the people of Zimbabwe who were airing their views.  Here and there, there were some struggles but through our Principals and traditional chiefs, we helped in bringing people into the track so that we would walk together as one, as the people of Zimbabwe for the betterment of our country.  Today I would want to give all my thanks on the report that has been tabled in this

House.  We have now come to an end, as we go to the Referendum, we will go together in unity without going back.  We do not want to go back to the Lancaster House because in the Lancaster House Constitution you find that there were so many amendments.  This one is a Constitution which is people driven.

When such a thing is being done, you find that if you are a leader, you cannot please everyone, some will be happy and some will be grumbling.  That does not mean that we should not go forward, as a nation.  We should go forward because we captured views of the majority.  I would like to thank the Principals, the Co-Chairpersons of the Select Committee and everyone who participated in this programme to get us to where we are today.

When we come back to debate the real Constitution, we would also look at some issues which were not handled well.  I think we would deal with them as we debate the Constitution.  This is going to come back so that we will look at it when we are debating; therefore I am hopeful that all the loose ends are going to be tied as we are debate.  We will do it together as the people of Zimbabwe so that we will have a good Constitution that will protect our country and which will not take us back to where we were before so that the next generations will give us credit as well.  We would look at that as one front so I would want to thank you hon. Mathuthu for moving that motion and also thank all our leadership from the political parties, you were all united.  As Chiefs we were united as well and we are also happy for the Constitution of Zimbabwe and for including us.  People are aware that our country started with the chiefs so it is there in our Constitution and I am happy about that.  Yes, I might not be happy throughout, but I think that we are going to look at those issues as well which we are not happy with.

Thank you Madam President.

SENATOR S. NCUBE:  Thank you Madam President for giving me this opportunity.  First of all, I want to thank the Hon. Governor who tabled the report of the Constitution in this House.  It has always been our desire as Zimbabweans to have a Constitution for ourselves, so I think a lot has been said.  The final draft of this Constitution we have, we are happy about it so as one of the members, I just want to thank everybody who has been thanked again.  I have no words to say and I just want to thank the Hon. Governor who brought this into this House.

I thank you.

SENATOR KABAYANJIRI:  Thank you Madam President, the

debates that were going on in this House today have taken me aback.  When we went out as a team for the outreach programmes, we met some challenges; we could not agree here and there but today I am happy because everyone in here participated in the outreach programmes. When we came back we put the information together and came up with the results of what we had gathered. Those results showed us that we can live together in harmony as true Zimbabweans.

I am so happy Madam President that all the people who spoke are in support of what our President is doing.  Meaning that if we have a President who has the people at heart, yes we can meet challenges here and there but the President is strong and he will support and protect us from our outside enemies, and this shows strong leadership.

I would also want to thank all the leaders in the GPA for their resilience in coming up with a Constitution as Zimbabweans because we had always wished for our own Constitution.  I want to thank you all for that unity.  I think that this is a sign that if we go out as hon. members in this spirit, it means that we will not meet any challenges concerning our Constitution.  Yes we might have challenges here and there but the Constitution of Lancaster was full of amendments, so this Constitution that we have managed to come up with, if there are any loose ends, I think we should come together and sit down and try to tie the loose ends, and be proud at the end of it that we now have our own Constitution.

I would also want to thank the Chiefs and even the headman for the job that they did.  We worked with them very well, not forgetting all the Select Committee Members for the job well done.  I do not think we can say much but I would like to say thank you, there was unity and there is a sign of unity starting from now henceforth.  I thank you.  *SENATOR CHIBHAGU: I would like to thank you Madam

President, for this Report which has been tabled by Hon. Mathuthu and being seconded by Hon. Gaule.

I would like to go on saying Madam President, looking at the Report that has been tabled; it has brought us peace in Zimbabwe.  If I look at the Chiefs, the Presidency and us, Members of Parliament, we now have one totem as Zimbabweans.  I do not know what pushes our

President together with his colleagues in the Global Political Agreement.  They came together and came up with this but all of us were not at this stage.  We really struggled; I was a team leader in Mashonaland Central in team four.  I had hon. members who were very naughty. I even called Hon. Chininga and Hon. Chimanikire to come to my Constituency.  However we later united with the naughty members and we were able to agree when they came to Madziva.

You find that the meeting ended very well though the devil had been behind all this. I am so happy because even in that, the Lord‟s presence was there as well.  Now, as we look at ourselves we see that we have one totem and we were able to come up with our people driven Constitution.  So we have to build our nation together as Zimbabweans from the day that we were voted into power up to this day, there were some bad winds which were blowing, I think we were very stupid, but now we have started what we call capacity building which is very good.  I think we should embrace it and look forward to leading the nation as Zimbabweans.  From Zambia, Plumtree, and all the boarders we should be one people, without these different totems.

I think we should embrace this report because people spoke their hearts out, and our President was really inspired.  He noticed that all these challenges that our Parliamentarians are facing are because they have different views, but I think he came up with a good idea that we should go back and come up with one totem.  The hon. members who were there when they came can vouch that we even killed a buffalo for them.  They did not want to come because they said there were mosquitoes but after that, they realised that there were no mosquitoes and they ended up crossing borders because they were really happy.

That proved that God was in our midst.  So I think now we should look at each other and work together.  I just pray that the Lord will be praised.

I would also want to thank the Chiefs for they did not leave us but they were with us throughout.  They were not afraid but they were with us. Now we are enjoying ourselves in Zimbabwe.  We should move forward with it, we are educated, we know where we are coming from and know where we are going as productive people.  Thank you Madam President.

*SENATOR FEMAI:  Thank you Madam President, firstly I would like to thank Governor Mathuthu for tabling this Report which was seconded by hon. Gaule.

I would also like to thank all those who spoke before me as they spoke in one spirit which shows that we are now mature and it also shows that this is a good house, a house of peace.  I would also want to thank you Madam President for the announcement that you gave us in this House that brought peace.  I do not know whether you dreamt about it because out there people had so many questions but you gave a really answer and said the time was not yet up.  So I would like to thank you very much, this has showed that all of us have followed the same route.  You would see that all people were coming thanking you and speaking with one voice.  I would also want to thank the Chiefs, although they have been thanked before.

I was in Mashonaland East, you know in Mashonaland East, before you even get to a place you would know that there was an introduction; you would know that people were pointing fingers at each other; so by the time you got there the tension had already risen because of our parties, but God was within our midst. He would come to our rescue.  At the end of the day the people would see us all as Zimbabweans because we were apolitical as we were going out.

I would also like to thank the Chiefs because they were not going there on political basis but they were going there because the Chief President urged them to go and add their voices.  So the people who were neutral were many, politicians were very few.  Those who would want to be at each other‟s throat were neutralised by people who would have been brought by Chiefs.  I would also want to thank the women; you know women bring peace wherever they are.  If women were not there I do not think we were going to achieve that much but peace was brought because women were there.

I would also want to thank His Excellency, The President, Cde R.G Mugabe for how he handled this issue; because when we came to a standstill he would come in with his tools and we would go forward at once.  This happened at the First All Stakeholders Conference; foreigners came but we did not know where from because they were not Members of Parliament.  There were people who came for violence at that  First All Stakeholders Conference before God intervened.  So God came after we had seen how Satan worked. His Excellency came in and gave a push and said this has to move forward.  All of us were silenced and on the Second All Stakeholders there was a tension; people fought before we went to the Second Stakeholders and when we got there the President stood and gave his word.  He said there will be onus of the

Constitution, so people were silenced.  I do not think the Head of State was wrong in doing that and from there no one said anything bad because we were being led by a good leader.

I am not forgetting our Prime Minister as well; he did a sterling job in our party and in Government too.  It means that they were in agreement, the two of them.  All that those people agreed upon is what we have today and I would like to thank you all.  I would also want to appeal to our youths because this Constitution is not for us but for the next generations to look after it and cherish it; they should not put patches / amendments on it but they should take it as it is.  So I urge the next generation to cherish this Constitution for the next generations to come.  They should not put so many amendments in it because we were not happy with the last Constitution because of its many amendments.  So we are appealing to the next generation not to amend it too much because it would not be authentic.  I thank you.

*SENATOR CHIEF CHIDUKU: Firstly, I would want to thank

you Madam President for you have chosen me last, there is no issue here because the work has already been done.  Secondly, I would want to thank the Governor for tabling the report, we have all heard even those who were not in the Outreach of COPAC, if they have been listening everything has been said clearly.  As Chiefs ourselves, we have realised that all the people of Zimbabwe have now realised how important Chiefs are because all the people who spoke were thanking the Chiefs for helping them to achieve the progress they wanted.  I just plead that this should come from the hearts not just a lip‟s pass because it is like when people come with their hoes to help you and when the owner is moving around the field he can see some will not be doing very well because they will be leaving weeds.  Some will weed where it has been cultivated, but as Chiefs we are so happy.  When we were moving around with you, you would find that there was probably one Chief in each team of the three political parties. You would see that when we were introducing ourselves, we would just say I am a Chief to bring water.  So I am appealing to you that as it was it should end like that; If it ends like that I applaud but if it ends with others grumbling I would not be happy.  We can see that people are thanking each other because if an outsider comes, they will see that we are one people and we are mature, we have broken history for the record of this country.  If you are doing a good thing, people will applaud you, but if you are doing the opposite, the next generation will curse you.  We just pray that, whatever we came up with will be cherished and the next generation will thank us.

The chiefs that you are seeing in here are in charge of 52 districts from which the people whom you met during the outreach programme come from.  I am not the one who spoke during the outreach, it is the people, your job is just to mark what you were given by the people, cancelling out what you do not want and putting what you want because it is the people who are out there in the grassroots who spoke out.  Our job was just to go out and ask people.  To conclude, I just want to thank you all.  Thank you.

      *SENATOR CHIEF CHARUMBIRA: Thank you Madam

President, as a member of the Select Committee, I would like to thank Governor Mathuthu for a good presentation on this report.  I would like to thank all those who were involved in this programme.  I would like to promise the hon. Senators that the chiefs are the owners of the land and anything that is good, they will get involved; they will not destroy the good work that you have started.  We cannot be involved in your squabbles, but we are happy that now you can agree that the challenging issues have been put to rest and the country can move forward.

It was difficult because we came out with qualitative and quantitative, which were just technical issues to confuse us, but in the end, it all went well.  Referring to agreed issues, they were just there to bring confusion, I was there, there were three drafts, one for Select Committee, one for 18 July and the one that you have now.  We have three drafts, if you look at the drafts, if you look at them you will see that there is a different story that is being brought out. However, I would like to thank the children of Zimbabwe because they said they supported the role played by the chiefs, they wanted their presence and were in agreement with them.

I would like to thank the people of Zimbabwe for that, they listen to us.  As chiefs, we also agreed to uphold our women and support them, against that background, the people supported us, though it was not on a 50:50 basis, but some of them are going to get into Parliament. Therefore, the bottom line is that the women are supported.  When you get into Parliament you must remember the chiefs because you will be there because of the support given to you by the chiefs, we are behind you and we are so happy about it.

The media has so many reports, but we know that when things like that come out, there is bound to be disagreements; however, we should allow democracy to take place.  If chiefs are not happy in certain areas, we should give them an ear as well.  Referring to page 8 of the read document, it is written that, “…the draft constitution shall be debated in

Parliament…” I just wanted to remind you on that one.  Madam President, I would like to say, as chiefs, we are going to support the yesvote.

*MADAM PRESIDENT: hon. Senator Chief Charumbira, what

we are saying is that we cannot debate something that has not yet been presented, that is why we have put forward that announcement. *SENATOR CHIEF CHARUMBIRA: They misunderstand us

as chiefs, but we are going to campaign for a yes-vote.  Senator Chief Chiduku has talked about those gaps that we see.  From here we are going out for the referendum and from there we will be coming here on the Committee Stage Clause by Clause.  As a democracy there are some weeds which we are seeing in this report and when we come back we will be having amendments on those areas, especially on the land issue.  In the draft constitution, it is said, the chiefs will rule on all the land, and not communal land only.  Thank you Madam President.

THE MINISTER OF STATE FOR STATE SECURITY IN

THE PRESIDENT’S OFFICE: I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Thursday, 7^th February 2013.

MOTION

CONDOLENCES ON THE DEATH OF VICE PRESIDENT

JOHN LANDA NKOMO

SENATOR S.K. MOYO: I move the motion standing in my name

that this House:

SADDENED by the tragic and untimely death of the Hon. Vice

President John Landa Nkomo on the 17^th of January, 2013;

NOTING that the loss was felt by the whole nation, which mourned a committed and dedicated luminary of our struggle for independence, democracy, freedom and justice;

NOW THEREFORE, THIS HOUSE

Conveys its profound condolences to the family of our departed leader;

Expresses its deep sorrow and sadness at the tragic and unexpected loss of life;

Takes this opportunity to celebrate the life of a man who rendered sterling services to the nation both before and after independence.

SENATOR MANDABA: I second.

SENATOR S.K. MOYO: Madam President, hon. senators, on the 17^th of January, 2013, a dark cloud descended on this liberated country, the evil hand of death snatched away one of our liberation icons and Vice President of the Republic of Zimbabwe, Comrade Landa John

Nkomo.  He was also Vice President and Second Secretary of ZANUPF.  He breathed his last at 12 noon on that day whilst admitted at St

Anne‟s Hospital in Harare, following a battle with cancer.

When the devastating news of his demise was officially announced by His Excellency President R. G. Mugabe, the entire nation went numb in bewilderment, shock and exasperation.  The people of Zimbabwe retreated into plural mourning for the stabilizer, the inspirator, the unifier, the peacemaker and a visionary, was no more.

Messages of condolence started pouring in from all corners of the world encompassing all sectors of the human race.  A great man had departed and even the heavens opened up – rain, rain, rain, across the country.

Hundreds gathered to mourn with the bereaved family at his Milton Park residence in Harare.  Hundreds more gathered at his rural home in Tsholotsho and at his state of the art Landa J. High School, to bid him farewell.  Many openly wept and his mother Gogo ma Dube, over 100 years old gazed at the sky, obviously mesmerized by the unfolding events.

Hundreds more were to gather at his Worringham residence in

Bulawayo and indeed at the large City Hall to bid farewell to the fallen national hero.  The waterlogged White City Stadium had to be abandoned for more secure venues.

Madam President, scenes at Stordart Hall and the National Heroes Acre testify to the fact that the multitudes of people who turned up, were bidding farewell to a great revolutionary of impeccable liberation credentials.

Addressing thousands of mourners at the National Shrine in respect of the late Vice President J. L. Nkomo, His Excellency President

1. G. Mugabe underscored the need for peace. I quote “Let us carry that message with us in our daily lives. It was his dear wish to see elections, which are schedules for this year, carry this exhortation of peace, peace and more peace.  for it is one way we could honour his legacy and that of others who fought for this country in order to make it the peaceful and tranquil oasis we have today.  The overriding common denominator is that we are all Zimbabweans.”

President Mugabe went on to state that the nation derives solace from observing that Comrade J. l. Nkomo died on the day the parties to the GPA resolved outstanding issues that were standing in the way of concluding the draft Constitution.  This, the late Vice President would have surely applauded, as his wish was to see the country rising above unnecessary skirmishes and achieve unity.

Madam President, the biography of the late gallant revolutionary fighter from 1934 to 2013 has been authored and indeed his role as chairman of the Organ of Peace, Reconciliation and National healing in the inclusive government, working with Ministers Sekai Holand and the late Gibson Sibanda, who was later replaced by Minister Moses Mzila Ndlovhu.  The late Vice President J. L Nkomo is credited with the everlasting message, “PEACE BEGINS WITH ME, PEACE

BEGINS WITH YOU, PEACE BEGINS WITH ALL OF US.”

Madam President, the funeral of the veteran nationalist, we are remembering and celebrating to-day Comrade John Nkomo was attended by thousands from near and far, including SADC leaders, that is South Africa‟s Deputy President Kgalema Motlanthe, Botswana‟s

Vice President Ponatshego Kedikilwe, Zambia‟s Vice President Guy

Scott, Tanzania‟s Vice President Mohammed Bilal, Namibia‟s Prime Minister Hage Geingob and a representative from the DRC.  This speaks volumes of our fraternal and cordial relations in the SADC region and the respectability our late Vice President commanded, among his peers.

Madam President.  Let me conclude by stating that I worked with this dedicated patriot for many years pre and post independence, in exile and back home.  The experience we gained under the stewardship of

Zimbabwe‟s two greatest sons, President R. G. Mugabe and the late

Father Zimbabwe, Dr. Joshua Mqabuko Nkokmo are immeasurable.  I have on many occasions described the late Vice President as a teacher by profession, a trade unionist by circumstances and a politician by design.  He was a principled cadre of the revolution and a disciple of the Unity Accord of 22 December 1978 between ZANU-PF and PF-ZAPU, culminating in a unified ZANU-PF.  He was never a weather cock and remained a clean politician who shunned factionalism, corruption, tribalism and regionalism.  He was always accountable to the people.  He belonged to all Zimbabwe.  We talked, shared common values of humility, honesty, respect for other people and unity of purpose.  In lighter moments I used to call him “John the Baptist.”

Madam President.  I believe strongly that men of his caliber never die, they depart for higher responsibility.  I dare say if you fear God, give service to your country and have a vision for future generations, you will enter the heavenly kingdom.  He had these attributes.

Enter ye gallant son of the soil – Comrade J. L. Nkomo.  I pay deepest gratitude to all those who gave him such a befitting send off.

May his family remain united and steadfast for they shall see God.”  He was pure in heart. I thank you Madam President.

SENATOR MANDABA: Thank you Madam President, I also

wish to second what Hon. S.K. Moyo has said about this great statesman; our Vice President Hon. Dr. J.L. Nkomo, whom we knew as our national leader. This is an important motion as far as I am concerned and wish to state that. He was a statesman, a respectable and respectful man, a man of many talents whose character can be vividly true from the cradle to the grave. If you hear or read about him, even if you do not know him, you never stop to wonder as to at what period or such a period. It is all straight forward. We heard he was a teacher, he was born in Tsholotsho and never forgot the people of Tsholotsho. He was a politician and he was caught young, he started with politics at the lower ladder, unlike politicians of today who overnight wishes to be politburo members. He started at a very early age.  He was driven by the oppressive status quo at that time and that led him to go into politics, trade unionism, as I say, he was a true nationalist.

He was a tough man. He never sought easy options. He really shunned corruption.  He shunned all the evils that one would shun if you are to be a true nationalist in the face of man and in the face of God. He was committed to the liberation struggle, committed to the freedom of his people. He was imprisoned, detained but did not give up.

Although he had several high posts locally, nationally and internationally, he remained focused. Madam President, Hon. J. L. Nkomo played his part in shaping the ruling party. He was involved in the Unity accord as you heard, he was a disciple of that accord. He was involved in seeing that the ruling party is being an effective machinery that is able   to defend Zimbabweans, hard won independence and sovereignty. He was a disciplined man.  He also maintained discipline. He had many talents and it is one of those talents that even earned him the Chair of National Healing and Reconciliation and Integration which we all agree is a must for the Zimbabwean nation. His love for education continued to burn on him in his different portfolios and his busy schedule, hence the John Landa High School is which spearheading E- Learning. The loss of this dedicated man was felt by all friends and foe alike. Let us all remember his words, I quote “piece begins with me, peace begins with you peace begins with all of us.”  May his soul rest in peace. I thank you.

THE DEPUTY MINISTER OF HIGHER AND TERTIARY

EDUCATION: Thank you very much Deputy President of the Senate. I also want to extent my thanks to Hon. S.K. Moyo for having introduced the subject about a great man, former Vice President John Landa

Nkomo. It reminds me of these words which were said by Mark

Anthony at the burial of Julias Caesar. “I have come to burry Caesar not to raise him.  The evil that men always live after them and the good is often interred with their bones.” Just a small thing that has made me stand up, I know people are tired. I wish this motion had been the first because people are thinking of going home now but please can you bear with me just a minute I mean a minute to hear what I want to say about the former Vice President. To me he was a humble man, just humble and

I am going to say two things about his humbleness. When I was not even an MP anything at all, I attended a funeral of the wife of Edward Nkomo the young brother to the late Joshua Nkomo. When I arrived there, they were short of chairs. I am talking about being humble.  The late Vice President was seated and when he saw me he stood up and said Tapela can you seat there. I said no way, he was a Minister then. There was no way I could sit down when he was standing. He said please, I have said please sit down. It was now an order, I obeyed an order, but he was just showing his humbleness; and that despite that I amd younger than him, I am nothing in Government but you deserve this chair and I sat down.

One day when I had gone out in what is my Constituency now to open Sonzuki Bridge, he showed some humbleness again to me. I am sorry, it may be personal but I want to show you how humbleness the man was. One of the Governors was present, he said when he was doing his salutations, oh there is somebody here, I cannot mention the name because to me he is so big and respected.  If I say his name something can go wrong with me culturally and they meant me. If you were the one, how great would you have felt that there is a Vice President, he is honouring me so much that he could not even mention my name? To me that is a humble man. Are you as humble as he was out of these two examples?  May his soul rest in peace.

*SENATOR DETE:  I would like to thank Hon. Nkomo for he gave of himself and he looked at Zimbabwe and loved the nation more than his family.  He really suffered just like Jesus when he was crucified on the cross, he went to jail but he did not give up.  We know that during the liberation war, some gave up but Hon. Nkomo did not do that, he was happy to suffer for Zimbabwe so that it could be liberated and be independent.  He saw how people suffered through the hands of the white settlers when all their wealth was taken and they were resettled in mountains which were not conducive for farming.

The people were used as slaves and that really pained him and it pushed him to go and fight for his country. At one stage he went to Zambia and when he came back he was jailed in different prisons.  He was there at Lancaster House and, he wanted peace for the people.  He tried to bring unity and he participated when we did our Unity Accord.

It was difficult for the two parties to see eye to eye but he worked hard, together with others to achieve unity.  He would move, campaigning for the Unity Accord and he was at the centre of it.

I would want to thank him for a job well done. He was in supported of the liberation of women that there should be gender equality between men and women and this was achieved.  I think he was happy before the time of his death because he wanted people to get their land back which they fought for.  He had a heart for the youth. He built a school which is still there up to now. He was not greedy because he could have used his money to go for holidays and buy property but he thought of the next generation.  If you groom the young people they make better leaders tomorrow, so we want to thank him for his love which was seen even at heroes‟ acre because people came in their thousands. The people even climbed trees so that they could pay their last respects.

We will not get tired of mourning him. He will be part of our history because he is going to be remembered by generations to come.

He was not selective; he was apolitical and full of love.  He looked at us as Zimbabweans and was not partisan.  Let us emulate his love and plead with the youth to follow his footsteps,  If we follow his footsteps we will live in harmony and we will move forward as a nation.  May his soul rest in peace, I thank you.

*SENATOR KABAYANJIRI:   We know that death is inevitable

because it is the law of God.  Mr. President, firstly, I would like to plead with the Nkomo family that they would accept his death.  Secondly, I want them to understand that they are not the only ones who have lost a loved. I would like to talk about his heroism.  I would want to say that because of the number of people who attended his burial, you could see that he was a man of great works.

Mr. President, I would want to zero in on how he was mourned by people from my constituency, they could not come because of transport but they really wanted to attend the burial because they knew him not through the media but he came to my constituency several times together with Hon. Sekeramayi and Hon. Msika.  This is why I am saying we are mourning Hon. Nkomo because of his good works, it is not only the Nkomo family or the ZANU PF party who have lost, but the whole world.  I think it was mentioned that many people from different countries attended the burial.

He has departed but the works that he did will always be remembered, I was thinking that this is why our debates show maturity, peace and harmony and  I think this is the legacy left behind by Hon. Nkomo.  Mr. President, Sir, I would like to say that let us cry but let us have future.  I just pray that we would be able to have other leaders who emulate our Vice President.  Yes we have lost but there is hope.  In the Executive, it was a great loss because he was one of the elders to us Zimbabweans.  We are mourning as Zimbabweans from all walks of life remembering the work that he has done.  With these few words I say, may his soul rest in peace.  Thank you Mr. President.

SENATOR MOHADI:  Thank you Mr. President for giving me

this opportunity to say a few words about this national hero, Vice President J.L Nkomo.  I want to thank Hon. Senator Moyo for moving this motion and also thank Senator Mandava for seconding this motion.

Before I can say the few words that I want to say, I want to repeat the slogan, the legacy that he left for us that says „peace begins with me, peace begins with you and peace begins with all of us‟.  Let these words sink into our hearts and we should follow suit, because he said these words towards his death.  We should always remember him whenever we do this slogan.

Indeed, our Vice President was a great man.  He was a father of all fathers, he was a comrade indeed, and he was a national leader.  Let me commend him for the love that he had for his mother.  Whenever he had functions, he was not shy to say out that his mother is old.  He would push her to wherever he was, saying that his mother should be near him.  That was very important.  He has led us by example that we should love our parents. I further say, he preached the gospel and let us all remember these words and this legacy should be for the nation as well as for the Nkomo family.  We should always remember him; we should always think of the good things that he did.

Let me tell you that Vice President J.L Nkomo even reached areas where most of our leaders shun; places like Chikwalakwala.  He would not come to Beitbridge and leave that place which is said to be a very remote area.  He would visit the area as long as he was in the district.  I run short of words to thank this national hero.  May his soul rest in peace.  We will always remember him.

+SENATOR CHIEF GAMPU:  Thank you Mr. President.  I

would like to thank you for giving me this opportunity to speak about Hon. John Landa Nkomo.  He was a great person and the Vice President of this country.  I would like to thank Hon. S.K Moyo who brought this motion in this House so that we can express our views on the loss that we have had.  When we speak about the liberation of this country, Hon. John Landa Nkomo should not be left out because he suffered a lot for this country.

We are here because they managed to fight for this country.  Of course he was not the only one, there are many of them but we are speaking of him today because he is late.  I remember when someone said that we should celebrate him when he was alive.  I never understood that but now I understand what that person meant.  At that time it meant nothing to me but for now it means a lot because I am realizing that we have been left helpless.  What that person meant was that we were supposed to use him when he was still alive because right now we cannot do anything about him.  We can only marvel at the works that he did when he was alive.

Hon. John Landa Nkomo was a kind man, he was hard working.  As his chief from Tsholotsho, since he was born in Tsholotsho, whenever I asked for his help he would come and help me.  There is something that once happened near Manz‟amnyama when people‟s land was being taken away by another person.  We asked John Landa Nkomo as the Vice President to come over and he came to help us.  He looked at the issue and solved it.  He was not only a liberator and peace maker; he also liberated and made peace amongst families.  So, what I want to say is that we are really saddened and we are mourning the death of John

Landa Nkomo.

As chiefs from Tsholotsho we feel a great loss because he came from Tsholotsho.  Of course he was a national leader and led the whole country but we really feel a big loss because he leaves behind the Mance School unfinished.  Even though it is now functional and has been officially opened by the President

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Robert Gabriel Mugabe.  There are other things that are outstanding that need to be done.  This is the school that he started; it helps the people from Tsholotsho a lot and the people from Matabeleland North.   I believe that Hon. John Landa Nkomo started this school being mindful of the San people who are near my community.  The white people used to call these people the Bushmen, these people are the ones that John Landa Nkomo built a school for.  We thank him for that because it helps them a lot.  We see them at the school and there are a lot of them at the school.

What I want to say is that he was a kind man and we are really saddened by the loss.  We do believe that the Lord is hearing our cries.

The day that he was buried, those days when he passed away, during his funeral it rained a lot, it rained continuously.  As Chiefs, we believe that it is a sign from God, we know that God is raining his blessings.  Even though we were mourning, we know that God was acknowledging his death.  So what we want to say is that we are really mourning him and we are at a loss.   Zimbabwe is at a loss, the girl child is at a loss, we have all lost. I thank you.

       +THE GOVERNOR FOR MATABELELAND SOUTH: Thank

you Mr. President I would want to thank Senator S.K Moyo and Hon. Mandava who brought this issue to this House.  It is one way of respecting the liberator of this country who has followed other heroes who died before him. Most things have been said about the Hon. John Landa Nkomo,  I will just add a little on what he has done during his lifetime so that this country would become Zimbabwe.

He did a great job for this country, I would want to say even though the enemies, though they did a lot with the bomb that killed hon. Jason Moyo and hurt hon. J. Ngwenya and hurt John Landa Nkomo and those who were nearby, it was not successful. Even though his life was not the same after that situation, he continued with the liberation of the country on his shoulders working hand in hand with his leaders, therefore I would want to say we thank him.

Secondly Hon. John Landa Nkomo was a peace maker and a liberator.  He never flattered people, he only commented where you had done well, where you had done wrong he would say so straight away, he would stress it without fail.  Those who wanted to be educated by being told the truth learnt a lot from Hon. Nkomo.  Those who did not accept criticism found him as an enemy.  I would like to say I learnt a lot from Hon. Nkomo.  I want to speak of him as a teacher such that I can speak about how much educated he was.  Even though he was over 50 years, after he left teaching, I remember that when he was teaching; I was also teaching.  Education was important to him.

Many people will speak about his school, the Mance School.  As a

Governor of Matabeleland South, I would want to say Hon. Landa

Nkomo did amazing things for us.  As we know, Matabeleland South is one of the Provinces that does not have a university.  We know that our country, because of sanctions, cannot have state universities all over the country.  There are only three provinces, Matabeleland South, Mashonaland East and Manicaland.  We started as a province to look around and fund-raise so that the Government would only chip in after we had done something.

I remember when we invited him to one of our meetings, where we were talking about the fundraising for the Gwanda University, he said to us we would be spoilt if he told us what he would give us.  He encouraged us to work hard and reminded us that we liberated Zimbabwe so that we could have it and work for it.  He, however, said that he was going to help where he could.  I would like to thank him for what he did for us.

As he went for the liberation struggle, Hon. John Landa Nkomo called us as Governors, the Governor for Manicaland was also there and I believe the Governor for Matabeleland North was also there when we went to be shown what Hon. John Landa had for us.  As I speak about Gwanda University, I would like to say before it even started, before we even thought that one day we will be recognised, many of you saw the advert in the newspapers.  Hon. John Landa Nkomo donated a tipper, a very huge truck, which is the one we started to use.  He said that I know that as a University, you will have a farm so I want to give you ploughs so that before you have a tractor you use these ploughs. These ploughs are pulled by small cars.  This really encouraged us; here I am saying, when it comes to education, Hon John Landa Nkomo was very active.  I would want to say he used to realise issues that have to do with education such as  computers and other things that have to be used in education.  The University started with the help that we were given by Hon. John Landa Nkomo.  When it comes to peace making, many people have talked a lot about him.

Hon. John Landa Nkomo was a person who used to be angry at times, however he was a good listener and he was very quiet.  He would listen, understand and then come up with a solution.  I know that his family is still mourning up to now but what I want to say is they should comfort themselves by the fact that his wish which has been talked about by Hon. S.K Moyo is that people got together to mourn him at his house in Harare; they got together to mourn him in Tsholotsho; they also got to mourn him at White City Hall – again people came at Heroes Acre which showed that everyone in Zimbabwe was mourning.  It is not only his family that has lost; we all have lost.

What have we learnt from him as leaders?  As leaders if we are to learn just one thing; the issue of peace making from his life, I am sure that this country would be an example to the whole world; it would be an example as Hon. S. K Moyo said that members from the SADC who came to mourn with us were many.  This shows that he was a hero not only to Zimbabwe but also to SADC and to Africa as a whole.  His neighbours in Warringham; I am also his neighbour there at Warringham; and we felt a big loss.

During the farming season, Hon. Nkomo‟s tractors were used by the whole community.  He used to do it for the elderly; he was not like any of us who make people pay. He used to make them use his tractors for free.  They are all mourning his death; they are wondering if his children would take care of them as Hon. Nkomo was taking care of them.  At this moment I would like to say that a hero has been lost and he leaves behind us so that we can also be peace builders.  He leaves us the people of Zimbabwe; he wanted to live in Zimbabwe and work hard for it, so that it grows economically.  With those words I say rest in peace.

+SENATOR GAULE:  Thank you Mr. President for giving me this opportunity to speak about Hon. Landa Nkomo.  Before I speak about Hon. Nkomo, I would like to thank Hon. S. K. Moyo for bringing this motion to this House.  Hon. Moyo, I would like to thank you very much for recognising the elderly who had done great things.  We have to thank them because they created history.  Therefore, I would like to say that Zimbabwe is at a loss, yes I agree but as I stand, I would like to say I am at a great loss.  As I speak I would like to say Tsholotsho has felt the loss more than Zimbabwe because Hon. Nkomo is from Tsholotsho.  He grew up in Tsholotsho, he ate okra in Tsholotsho; he got married in Tsholotsho.  His home is in Tsholotsho and his parents are in

Tsholotsho.  With those words, I would like to say that Tsholotsho will not be the same as it was when Hon. Nkomo was alive.

We were very much respected to have Hon. Nkomo as the Vice President of the country.   Therefore, I would like to say if you are a leader and when you come from where the Vice President comes from, you feel very much honoured.  In the past Mr. President, when I went to the Monomotapa offices, I would just get there and go straight to his office, however, I can no longer do that.  We were very much honoured, he had set goals for us.  He made us realise that we can achieve a lot.  Hon. Landa Nkomo was a great person. I would want to say that as Tsholotsho we have lost a lot; he raised our flag high.  We used to be honoured when people mention that Hon. Landa Nkomo is from Tsholotsho.

When I looked at the work that he has done, I feel honoured because he is an example for the people of Tsholotsho.  As the people of

Tsholotsho, we are still proud of him even after his death.

What made me stand up to speak Mr. President is that we worked very well with Hon. Landa Nkomo.  That began when I became a Senator, I used to invite Hon. Nkomo to my community whenever there was a function and when I needed his help.  I remember at some time when I asked Hon. Murerwa to come and help me. Hon Murerwa was very reluctant, I then asked Hon. John Landa Nkomo.  Then Hon. Nkomo came with Hon. Murerwa to help me because we had difficulties in my community.  After that issue was solved, I spoke to the people and we did a great feast and we invited Hon. Landa Nkomo to come and celebrate with us; he came and we thanked him for the great job he had done for us.

Hon. John Landa Nkomo was a peace maker, he used to unite everyone regardless of their religion or political affiliation. He once said to the people of Tsholotsho, that he had been told by Hon. Ndiweni that, people have to be united and work together such that there is development regardless of political affiliation and religious background.

He said that Chief Ndiweni had told him that people have to work together, no matter what.  From then on, the people of Tsholotsho were brought together by the fact that they are the people of Tsholotsho as Hon. John Landa Nkomo told them.

In my community, there are people whom people call insane, or other different names.  Every year, Hon. John Nkomo used to help those people; at times he would slaughter an elephant for them because there are many elephants in our community.  Each year he would slaughter a beast for them so that they could eat meat.  Hon. John Nkomo made sure that everyone was represented in the community.  This development is left for us; we should continue with this great job that Hon. John Landa Nkomo started.  He also helped them with their education; some of them were taken to his school.

Hon. John Landa Nkomo worked for this country a lot.  People learnt a lot from him, he was a forgiving person, if anyone did wrong, he would come and sit down with the people so that that person understood.  I remember that there was a time when we were at loggerheads with

Hon. John Nkomo in the past years, but when we opened Parliament we talked and forgave each other.  I realise that he is a forgiving parent who would correct someone for their mistakes.  Hon. President, all I want to say is that may his soul rest in peace because he did a lot for this country.

   THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: I

move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Thursday, 7^th February, 2013.

           On the motion of THE MINISTER OF JUSTICE AND LEGAL

AFFAIRS, the Senate adjourned at a Quarter To Six o’clock p.m.